CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
September 26, 2000

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Don Cook

MEMBER ABSENT: Tom Moore

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle, Luther Gunter, Bill
Blue, Annette Anderson

Mayor Frith called the meeting to order and led those attending the meeting in prayer. Mayor Frith led
the group in the Pledge of Allegiance to the Flag. The roll was then called by the secretary.
PRESENT ABSENT
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM (3)…PRESENTATION OF CERTIFICATE(S) OF APPRECIATION TO CITY

EMPLOYEE(S) FOR YEARS OF SERVICE.

Mayor Frith presented a certificate of appreciation to Mr. Joseph Demps for 15 years of service to the
city. Other employees to receive certificates were not in attendance.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES.

Mayor Frith stated he and Councilmember Cook had noted to the secretary a typographical error on
page four of the September 12, 2000, Regular Session minutes. Councilmember Scott noted a
correction to be made on page nine of the September 12, 2000, Regular Session minutes. After further
review of the minutes, Councilmember Cook made a motion to adopt the minutes of
September 11, 2000, Special Session as written and September 12, 2000, Regular Session as amended;
seconded by Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM (5)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Mr. Joe Campbell addressed the Council with a complaint that Perry Patrol Officer Gorski was using a
racial profile against him. Mr. Campbell said on September 5, when he was paying a bill at City Hall,
Officer Gorski told him he could not ride his lawnmower on the street. Mr. Campbell said Mr. Gorski
got on his tractor and parked it in the police parking lot and told him to he had to have it hauled and
not driven away. Mr. Campbell said during this time there was another individual driving a lawn
mower on the street nearby and nothing was done to him. Mr. Campbell explained that he had done
some mowing at the American League property and then drove the tractor to City Hall to pay a bill.
Page 2, September 26, 2000, Regular Session

Mayor Frith asked Chief of Police Wayne Putnal to address this issue. Chief Putnal said several
individuals have been issued citations and warned that they are not allowed to ride their mowers in the
streets or on the highways.

City Attorney Bill Blue asked Chief Putnal if these individuals would be given tickets if they were to
ride in the ditch and then just cross over the street. Chief Putnal said state law says this includes state
right-of-way and it is the state that wants this law enforced. Mayor Frith told Mr. Campbell the police
officers would get the message that if one individual is stopped about riding their mowers in the street
then all individuals are to stopped. In reply to Mayor Frith’s statement that Mr. Campbell wants this
matter enforced equally, City Attorney Bill Blue said he doesn’t know all persons who have been
ticketed for this particular violation, but every violation he has ever reviewed was found to be legal and
none were any of color. Mayor Frith asked if there were any events of profiling. Mr. Blue answered
no. Mr. Blue said, to be fair to Officer Gorski, he has seen no evidence of profiling by him and this is
the first time he has seen a person of color getting a ticket.

The next person to address the Council was Ms. June Byers, 315 N. Quincy. Ms. Byers addressed the
Council on the issue of Ms. Janis Curry wanting to extend her bed and breakfast establishment. Mr.
Byers said, as a homeowner who lives next door to the bed and breakfast, she wants the Council to
know there is public opposition to Ms. Curry’s request to the Council that she be allowed to have small
group gatherings at the bed and breakfast where cake, cookies, etc., would be served. Ms. Byers said
she and Reverend Burris, another area resident, have been to the City’s Planning and Zoning Board
(P&Z) to oppose this. Ms. Byers told the Council some of the information to the Council has been
incorrect, in that, Ms. Curry had said she has been back and forth between the P&Z Board and the City
Council for seven months. Ms. Byers said a special exception application for the bed and breakfast
was first received on April 3, 2000. Ms. Byers said Ms. Curry had also been before the P&Z Board
asking specifically that she be allowed to operate a restaurant. Ms. Byers told the Council the P&Z
Board and Director of Community Development Luther Gunter have been doing their jobs, listening to
the public and responding accordingly.

Mayor Frith asked Mr. Gunter where this matter stands as of now. Mr. Gunter said Ms. Curry can
operate a bed and breakfast. Mr. Gunter said she could not have small gatherings and serve food, hire
parties or receptions. Mr. Gunter said Ms. Curry could only serve food to her bed and breakfast guests.
Recounting recent meetings, Mr. Gunter said Council heard Ms. Curry’s request last meeting and
Council directed the Planning and Zoning Board to hold a special meeting to discuss provisions of the
bed and breakfast as far as the City’s Land Development Regulations. Mr. Gunter said the meeting
was held on September 18, 2000. Mr. Gunter said the P&Z Board opted not to provide any text change
provision for the bed and breakfast change at that time.

City Attorney Bill Blue then addressed the Council saying there is a certain amount of record clearing
that needs to be done this meeting. Mr. Blue said when Ms. Curry was at the last Council meeting, she
Page 3, September 26, 2000, Regular Session

represented to the Council that she had been working on the particular issue for seven months. Mr.
Blue said this turned out to be incorrect. Mr. Blue said the P&Z Board considered everything Ms.
Curry offered and considered opinions of affected residents.

Mr. Blue said there are two options the Council could consider. Mr. Blue said since the Council
requested that city staff present the application for the text amendment as opposed to Ms. Curry, this
obligated Mr. Gunter to come up with proposed language for the application, because if the City
presents the application, it doesn’t charge itself a fee. The options Mr. Blue presented were to either
consider evidence presented and give Mr. Gunter some language for the amendment or; decide, in
light of events Council has heard, that no text amendment is warranted and no language need be given.
Commenting on a newspaper article that “Zoning Board defies Council,” Mr. Blue said in the meeting
he attended there was no defiance. Mr. Blue said the Planning and Zoning Board conducted itself very
professionally, listened patiently to everyone in all points of view and compassionately decided no text
amendment was warranted.

Councilmember Scott addressed members of the Planning and Zoning Board saying, at the last Council
meeting, as she understands it, the Council based its decision on information it was given at that time
and no one said anything to the contrary nor did the Council have reason to think it was no accurate.
Councilmember Scott said she would like to say personally that she regrets that some members of the
P&Z Boards felt that the Council was not acting in good faith. Councilmember said Council was acting
based on information received and not the job the P&Z Board is doing. Councilmember Scott said she
would like to apologize for any friction it may have caused between the Council and P&Z Board.

Mayor Frith said he has sat on the Board of Adjustments (1980) and realizes what a task these
members have to do. Mayor Frith said he commends them to be able to keep their cool and joins
Councilmember Scott in hoping that none of the members of those Boards (P&Z/Board of Adjustments
and Appeals) think they have an adversarial relationship with the City Council. Mayor Frith invited
the members to stay for discussion of agenda item 6(L). The meeting then continued with the next
item of business.

AGENDA ITEM 6(A)…SECOND PUBLIC HEARING ON FISCAL YEAR 2000-01 MILLAGE

RATE FOR THE CITY OF PERRY.

Mayor Frith opened the second and final public hearing on the budget. Mayor Frith stated the Council
would go through the budget hearing process very carefully making certain that everyone understands
what is being done. Mayor Frith said the budget, if adopted, will become effective October 1, 2000.
Mayor Frith explained that the current year proposed rate is 3.96% greater than the rolled back rate.
Mayor Frith said if the City had gone with the rollback rate, 4.55 mills would have been adopted.
Mayor Frith said that rate would have brought in the same amount of money the 4.73 mills brought in
last fiscal year. Mayor Frith said an operating millage rate of 4.73 mills per $1,000 taxable value has
been proposed for fiscal year 2000-01 and was tentatively adopted by the Council (September 11,
2000, Special Session). City Manager Bill Brynes said the public hearing and proposed millage rate
Page 4, September 26, 2000 Regular Session

was advertised on September 22, 2000, as required. Mayor Frith further explained that when the
same millage rate is kept, but by keeping the same millage you receive more revenue from ad valorem
taxes, you have to advertise this as an increase in taxes. When in fact what monies you receive is a
result of new building construction, properties, etc. within the city limits and a change by the property
appraiser in the value of various parcels of land. Mayor Frith said most of the time this causes the
revenue from the same amount of millage to go up.

There was no one to address the Council on the fiscal year 2000-01 millage rate for the City of Perry.

AGENDA ITEM 6(B)…READING AND ADOPTION OF RESOLUTION NO. 2000-11; A

RESOLUTION ADOPTING OFFICIAL MILLAGE RATE FOR THE CITY OF PERRY, FLORIDA
COVERING ITS FISCAL YEAR OPERATIONS BEGINNING OCTOBER 1, 2000 AND ENDING
SEPTEMBER 30, 20001.

Mayor Frith read Resolution No. 2000-11 by title. There being no further discussion on the millage
rate, Councilmember Cook made a motion to adopt Resolution No. 2000-11 adopting official millage
rate of 4.73 mills for the City of Perry covering its fiscal year beginning October 1, 2000 through
September 30, 2000. The motion was seconded by Councilmember Scott and upon roll call vote was
as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM 6(C)…SECOND PUBLIC HEARING ON CITY OF PERRY BUDGET FOR

FISCAL YEAR 2000-01.

Mayor Frith opened the public hearing on the fiscal year 2000-01 budget for the City of Perry. Mayor
Frith stated that it is at this public hearing the Council may amend the tentative budget as it sees fit.
Mayor Frith said it is also the time for anyone present, including the Council, to address any changes
that they question would be made to the budget. Councilmember Scott asked the city manager if the
budget, as it now stands, contains arrangements for (employee health) insurance. Mr. Brynes said in
the budget, as it now stands, is an amount of $850/family and $330/single coverage. Mr. Brynes said,
at this time, there is not a company that will cover the City for that amount. Mr. Brynes said the City
has the Florida League of Cities’ (FLC) proposal and has received another plan that is approximately
the same rate as FLC. Mr. Brynes said staff has a meeting with an insurance carrier on Wednesday, but
at this time, the proposal is not known.

Mr. Brynes commented that, based on information at this point, the budget is final, but can be amended
at any time during the year. Mr. Brynes noted, also, that there are no salary adjustments in the budget.
Councilmember Scott asked if salaries were pending on whatever health insurance coverage the City
could get for employees. Mr. Brynes said that would be a decision of the Council. Councilmember
Scott asked for clarification that the Council would not be able to address salary increases until
Page 5, September 26, 2000, Regular Session

insurance costs are known. Mayor Frith stated that was true, commenting further that once the health
insurance issue is addressed, the Council could address the salary increase issue. Mayor Frith asked
other Councilmembers if this was a fair statement to make. The Councilmembers agreed that it was a
fair statement.

Mr. Brynes said the budget actually shows $6.6 million expected in receipts. Mr. Brynes said the
budget shows $3.8 million in personnel costs, and $2.9 million in operating expense for a total of $6.8
million for operating costs. Mr. Brynes said this leaves an excess of costs at $168,000. Mr. Brynes
said there is $255,000 in costs for capital outlay items. Mr. Brynes said this puts the City spending
$423,000 more than it anticipates to receive. Mr. Brynes said this amount is being covered by cash
brought forward.

Mr. Jack Scott addressed the Council and commented that the $423,000 in arrears is being covered by
cash brought forward and since it appears the only fiscal dilemma is with health insurance and raises,
he asked the Council if they could postpone those contributions made to organizations until it is known
what is going to be done about employee health insurance and salaries.

Mayor Frith stated the Council could not overtly postpone anything. Mayor Frith said this would
cause having to start the budget process all over with additional hearings and would hold up the
certification of tax records for this year and other morassive bureaucracy. Mayor Frith said his
thoughts are that it is best to adopt the fiscal year 2000-01 budget, knowing the Council has the
capacity and the authority to make amendments to the budget as the Council sees fit. Mayor Frith said
the Council would have to adopt the budget as what it considers now to be the final budget.

Mr. Scott asked if the monies contributed to organizations are given out in increments. City Manager
Bill Brynes said the smaller amounts, such as $500, are given at one time, while larger amounts are
distributed quarterly. Mr. Scott asked if future amendments to the budget could affect these amounts.
Mayor Frith stated that the amounts could be changed.

AGENDA ITEM 6(D)…READING AND ADOPTION OF RESOLUTION NO. 2000-12; ADOPTING

FISCAL BUDGET FOR THE CITY OF PERRY, FLORIDA FOR THE PERIOD OF OCTOBER 1,
2000 THROUGH SEPTEMBER 30, 2001.

Mayor Frith then read Resolution No. 2000-12 by title. Councilmember Scott asked, at this point, what
needs to be done. Mayor Frith stated the Council needs to adopt the fiscal year 2000-01 budget for the
City of Perry. Councilmember Scott then made a motion to adopt Resolution No. 2000-12 adopting
the fiscal budget for the City of Perry for the period of October 1, 2000 through September 30, 2001.
The motion was seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X
Page 6, September 26, 2000, Regular Session

Mayor Frith stated that the Council now has, in effect, adopted the official millage rate and has adopted
a budget for the City of Perry fiscal year 2000-01. Mayor Frith stated that the millage rate could not be
changed, but the Council could make amendments to the budget as it sees fit with budget transfers
from fund to fund as is done each year by a resolution.

AGENDA ITEM 6(E)…RESOLUTION NO. 2000-13; A RESOLUTION OF THE CITY COUNCIL

AMENDING FISCAL BUDGET OF THE CITY OF PERRY, FLORIDA FOR THE FISCAL YEAR
OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000.

City Manager Bill Brynes said Resolution No. 2000-13 provides for the shifting of monies within
departments to make a line item equal the amount the item actually costs. Mr. Brynes explained this
shifting of monies is just a bookkeeping function. Mr. Brynes noted that these monies are monies
already spent.

Moving on to the next several items, City Manager Bill Brynes told the Council Resolution No.’s
2000-14, 2000-15 and 2000-16 were the standard resolutions adopted each year for the Forest Festival
activities in October.

AGENDA ITEM 6(F)…RESOLUTION NO. 2000-14; A RESOLUTION OF THE CITY OF PERRY,

FLORIDA ASSUMING LIABILITY FOR ROAD CLOSING FOR THE FLORIDA FOREST
FESTIVAL 5K RUN/KID’S PARADE/CHILDREN’S FAIR ON OCTOBER 21, 2000.

Councilmember Cook made a motion to adopt Resolution No. 2000-14; seconded by Councilmember
Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM 6(G)…RESOLUTION NO. 2000-15; A RESOLUTION OF THE CITY OF PERRY,

FLORIDA ASSUMING LIABILITY FOR ROAD CLOSING FOR THE FLORIDA FOREST
FESTIVAL BED RACE ON OCTOBER 27, 2000.

Councilmember Scott made a motion to adopt Resolution No. 2000-15; seconded by Councilmember
Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM 6(H)…RESOLUTION NO. 2000-16; A RESOLUTION OF THE CITY OF PERRY,

FLORIDA ASSUMING LIABILITY FOR ROAD CLOSING FOR THE FLORIDA FOREST
FESTIVAL KING TREE PARADE ON OCTOBER 28, 2000.
Page 7, September 26, 2000, Regular Session

Councilmember Scott made a motion to adopt Resolution No. 2000-16; seconded by Councilmember
Cook and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM 6(I)…RESOLUTION NO. 2000-17; REQUEST TO SUWANNEE RIVER WATER

MANAGEMENT DISTRICT TO REDUCE PERMIT FEES.

City Manager Bill Brynes told the Council this is the standard resolution adopted each year. Mr.
Brynes explained that the Florida Statutes allow Suwannee River Water Management District (and
others such as the Department of Environment Protection) to reduce some permit fees. When asked by
Councilmember Scott, Mr. Brynes said some permit fees can cost as much as $1,000, but with the
adoption of the resolution, this sets the permit fee at $100.00 for Suwannee River Water Management
District. Councilmember Cook made a motion to adopt Resolution No. 2000-17. The motion was
seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

AGENDA ITEM 6(J)…CITY COUNCIL TO APPOINT/REAPPOINT MEMBERS TO THE CITY’S

PLANNING AND ZONING BOARD/BOARD OF ADJUSTMENT.

Mayor Frith asked Director of Community Development Luther Gunter if it was so that some
individuals opted not to serve another term. Mr. Gunter said this was so. After a brief discussion of a
memo provided to the Council on the background of two new members being considered,
Councilmember Cook made a motion to appoint new members, Jack Scott and Charles August to a
term on the City’s Planning and Zoning Board/Board of Adjustment (replacing Mr. Shahene Neshat
and Mr. George Clayton) and to reappoint Walker Bassett (discussed at the September 12, 2000
Regular Session). The motion was seconded by Councilmember Alexander and upon roll call vote was
as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

Councilmember Scott asked why there is a Planning Board/Board of Adjustment. It was explained that
these are two separate boards but with the same members serving on both boards. Councilmember
Scott posed a scenario that a person could request an exception before the Planning and Zoning (P&Z)
Board and the P&Z turned down the request and the individual then went to the Board of Adjustment,
Page 8, September 26, 2000, Regular Session

which are the same board members, and get turned down. City Manager asked if an item goes from
the P&Z to the Board of Adjustment. Mr. Gunter said not usually, and it should not, but on one
occasion, this did happen.

Mr. Shahene Neshat, former P&Z Board member, explained that the P&Z Board deals with zoning
aspects and special exceptions while the Board of Adjustment deals with variances. Mr. Neshat said
although these are the members on both boards, they deal with different areas of the City’s Land
Development Regulations (LDR’s). Mayor Frith also explained that the makeup of the Boards is
different in that the chairman of one board is not the chairman of the other board.

Councilmember Scott thanked Mr. Neshat for his service on the City’s Planning and Zoning/Board of
Adjustment Boards. Mr. Neshat told the Council he wanted them to know that he had made his
intentions not to serve another term known before the September 12 Council meeting and local news
articles pertaining to Council’s discussion regarding the Boards.

AGENDA ITEM 6(K)…CITY COUNCIL TO CONSIDER APPOINTMENT OF MEMBER TO THE

CITY’S CITIZEN’S TASK FORCE COMMITTEE.

There were no names of individuals submitted for appointment to the Committee. Mayor Frith
requested this item be brought back for discussion at the next regular meeting of the City. Other
Councilmembers agreed.

AGENDA ITEM 6(L)…CITY COUNCIL AND CITY ATTORNEY TO DISCUSS WAYS TO

EXPEDITE VARIOUS PROCESSES OF THE CITY’S PLANNING AND ZONING BOARD.

City Attorney Bill Blue said, at the request of the City Council at the September 12, 2000, Council
meeting, he has researched possibilities to amend the City’s Land Development Regulations and the
processes therein to make the processes more efficient and more responsive to the needs of the
community.

Mr. Blue then reviewed his findings and suggestions. Mr. Blue said, basically, the City does not
require any more notice than the law requires. Mr. Blue said the City is fast and efficient in following
its processes as required by Florida Statutes. Mr. Blue said this does not mean to say there are not
things the City could do to speed the process even more, but whatever is done would have a cost
associated with it.

Mr. Blue said the noticing process would not really be sped up if there was a daily publication in which
to advertise because the City has two different boards that meet at particular times of the month.

Mr. Blue said the City has two boards (Planning and Zoning Board and the Board of Adjustments and
Appeals) that are comprised of the same seven individuals. Mr. Blue said these individuals do an
efficient and admirable job in processing citizen applications, but the intent of the Land Development
Regulations is being violated when matters heard before the Planning and Zoning Board (P&Z) are
appealed to the Board of Adjustment and Appeals. Mr. Blue said he also believes the P&Z Board
Page 9, September 26, 2000, Regular Session

considers some things that it does not necessarily need to require to consider on the first review. Mr.
Blue said needless time is being wasted by requiring the P&Z to process site plan approvals when the
Land Development Regulation Administrator could do this. Mr. Blue suggested Director of
Community Development Luther Gunter, Jr., be allowed to process site plan approvals.
Mr. Blue said concern has been voiced that it is illogical for elected officials (City Council) to
voluntarily bind their own hands by delegating certain of the Council’s powers to appointed boards
without having the adequate power for the Council to review and reverse decisions of a board that
citizens cannot vote for.

Mr. Blue then reviewed several recommendations with the Council:

1. Merge the Planning and Zoning Board with the Board of Adjustments and Appeals. Name the
resulting body the Board of Planning and Code Enforcement. Give all powers of the Board of
Adjustments and Appeals to the new board.
** This will reduce the size of the Land Development Regulations, and make them simpler to read and
comprehend, and less intimidating. In addition, this will avoid the need for an appeal from one board
of seven people to another board of the same seven people.

2. Ask the Planning and Zoning Board to meet twice each month on the first and third Tuesday of
each month.
** This will speed up the processing of applications by as much as four to six weeks in some cases.

3. Provide affected persons the right to appeal decisions made by the Land Development Regulation
Administrator (and Code Enforcement Officer) to the Board of Planning, Zoning, and Code
Enforcement with a de nova standard of review (a quasi-judicial hearing where testimony and
evidence is presented).
** This is already provided for with respect to decisions involving the LDR’s but not other ordinances.
This will save the City thousands of dollars in legal fees and costs, and reduce the time by which issues
are resolved by years. In addition, it will save the opposing citizen the embarrassment of having to
interact with deputies from the Sheriff’s office and the judge.

4. Provide affected persons the right to appeal decisions made by the Board of Planning, Zoning and
Code Enforcement to the City Council, but limit the City Council’s standard of review to
reviewing a record and hearing unsworn statements to the parties. This would not allow the City
Council to reverse findings of fact (because the “trial” already occurred before the Board of
Planning, Zoning, and Code Enforcement), but it would allow the City Council to reverse the
application of the law or policy to the facts as found by the Board of Planning, Zoning, and Code
Enforcement.
** This gives citizens the right to be heard by the City Council before he or she must expend thousands
of dollars litigating the issue in Court, and also gives the City Council the ability to reverse decisions
of the Board of Planning, Zoning, and Code Enforcement where the facts did not warrant the result.
Page 10, September 26, 2000, Regular Session

This also assures the public that the City Council will not base its decisions on “political” concerns
because whatever decision it makes will usually be Citywide since it cannot alter the finds of fact.

5. Pass an ordinance giving the Planning and Zoning Board the ability to enforce all municipal, non-
criminal ordinances.
** The Board already has this power with respect to Land Development Regulations.

Mayor Frith said it would be his preference this meeting to gather information on this issue and bring
back for further discussion after Councilmember Moore has had time to review it. Mr. Blue said since
there was no notice given nor an ordinance before the Council, this issue could only be discussed at
this time. Councilmember Cook said he would like the opportunity to look at the information further
and appreciates that Mr. Blue had put this information in memo form.

Mr. Blue told the Council he has had occasion to work with the Planning and Zoning Board and the
members have always conducted themselves very professionally and very effectively. Mr. Blue said
none of his suggestions comes out of any shortcomings on the part of the Board members. Ms. June
Byers, with respect to speeding up the processes of the P&Z, gave the Council a recounting of the
dates involved with Ms. Curry’s making application with the P&Z. Ms. Byers said Ms. Curry’s
matters were handled in a timely manner. Ms. Byers requested, as a homeowner, that the Council be
mindful when reviewing the issue that the process is already working well.

Mr. Shahene Neshat addressed the Council regarding certain comments made at the September 12,
2000 Council meeting pertaining to the Planning and Zoning Board. Councilmember Cook said his
sense of weakness in the process as it is now is that everything must go through the P&Z Board and
then to the City Council for a decision to be made on an issue. Councilmember Cook said Council
cannot propose a topic, submit it to the P&Z Board and be assured that a recommendation will come
back. Councilmember Cook said his sense is that there is a weakness in the system in that the Council
lacks authority in some areas that is delegated to the P&Z Board that should have been retained by the
City Council. Councilmember Cook disagreed with Mr. Neshat’s interpretation of comments noted in
the minutes and the local newspaper. Councilmember Cook told Mr. Neshat that “…this is your
presumption of what was said.”

Mr. Neshat said he agreed with the recommendations of City Attorney Bill Blue. Councilmember
Cook said he would provide, in memo, an explanation to the Council exactly what he believes to be
weaknesses in the process (Planning and Zoning Board/Boards of Adjustments and Appeals Boards).
Councilmember Cook said his mind can be changed but he feels the Council should have a role in
modifying the rules but not be bound by an appointed group by a decision. Councilmember Cook said
he has no problem with what (Mr. Blue) is proposing. For the record, Councilmember Cook said he
didn’t speak earlier but he supports the decision made by the Planning and Zoning Board regarding the
bed and breakfast issue, given the information revealed going into it.
Page 11, September 26, 2000, Regular Session

Chairman of the Planning and Zoning Board Ward Ketring addressed the Council and said the only
thing he would ask is that the Boards maintain better communication with each other.
Councilmembers agreed. Mr. Gunter told the Council they will be provided with copies of the P&Z
Board meeting agendas and minutes from this time on. Mr. Gunter asked the Council to consider the
impact having twice a month meetings might have on staff and receiving applications. As it is now, it
lessens the stress the department faces as far as people trying to “get in under the wire.” Mr. Gunter
said applications are received in error and need to be reviewed. Mr. Gunter said applicants have a
responsibility also. Mr. Gunter said the failure of the applicant to provide application does not
represent a failure of the system. Mr. Gunter said no application was ever submitted by Ms. Janis
Curry. Councilmember Cook noted that Ms. Curry’s situation is not the only reason this issue came
up. Councilmember Cook said he would provide another recommendation in his memo to the Council.
When asked if applicants are aware of what is needed when submitting an application, Mr. Gunter said
the Department provides this written information.

Mr. Ketring addressed the Council and requested that the City Attorney be allowed to attend Board
meetings when there might be a certain agenda item where the Board could benefit from his legal
advice. Councilmembers agreed this could be discussed when Council again discusses possible
changes to the Planning and Zoning Board/Board of Adjustment and Appeals.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes updated the Council on matters of the proposed new hospital. Mr. Brynes said the Taylor
County Board of County Commissioners has selected a specific site off Highway 19 North. Mr.
Brynes told the Council he has been asked the process for consideration of a Future Land Use Plan
Map Amendment and Rezoning. Mr. Brynes noted that Councilmembers had been provided with a
copy of a letter that was sent to each property owner within 500 ft. of the proposed site notifying the
property owners of a public hearing on this request for amendment and rezoning.

Reviewing the chain of events, Mr. Brynes said the application was requested by the City on a
Monday, on Tuesday, the application was still in the request status, and on late Wednesday, the City
received the request. Mr. Brynes said the public hearing had to be advertised Wednesday for this
coming Monday, October 2 regular meeting of the Planning and Zoning Board/Board of Adjustment.
Mr. Brynes told the Council there was an error in the advertisement and in the application but there is
an advertising period of ten days before a public hearing. Mr. Brynes said the solution would be to
advertise correctly but there is not a ten-day time in which to do this.

City Attorney Bill Blue then addressed the Council on this issue. Mr. Blue said Mr. Gunter had
contacted him regarding the errors in advertising and in the application. Mr. Blue said he requested
Mr. Gunter fax these documents to him for review. Mr. Blue explained the first advertisement
described an application to change the zoning classification from Low and Medium Density
Residential to Office on the property, when it should have read “…to change the zoning classification
Page 12, September 26, 2000, Regular Session

from Residential Single Family (RSF-1) and Residential Multiple Family (RMF-1) to Office on the
property.” Mr. Blue said the information given noted the zoning would be changed to Office is correct.

Mr. Blue said Mr. Gunter had asked him if the public hearing should be postponed pending re-
advertisement of the notice. Mr. Blue said technically and legally, there should be a correct application
and advertisement, but in looking at these documents i.e. legal description of property, the parties
involved, etc., these are correct as far as is known. Mr. Blue said the public is getting the correct idea
what parties are applying for a future land use plan amendment and rezoning. Mr. Blue said he felt it
was harmless to let the meeting take place.

City Manager Bill Brynes posed a question to Mr. Blue that if he (Mr. Blue) sees this (matter of
incorrect advertising and application) is going to end up on the third floor of the courthouse (in court),
if he (Mr. Blue) would still say “go ahead?” Mr. Blue stated, “yes.” Mr. Blue said he made the
decision (that the meeting take place on the date noted). Mr. Blue said the application was incorrect
and the advertising was based on the application.

Councilmember Scott asked if staff checks applications for accuracy. Mr. Gunter said applications
(and other documents) are checked for accuracy but this error was not found in time. Mayor Frith
commented that he feels the meeting should be held on Monday (October 2, 2000--the date specified).
Mr. Blue told the Council if this matter should end up in court, the City would not be billed for those
services. Mr. Blue said there is such a thing as “harmless error” in the law and he thinks this situation
would qualify as such.

On another item of discussion, Mr. Brynes told the Council after Wednesday, September 27, he should
have a better idea of health insurance options. Mr. Brynes suggested setting a meeting the following
Tuesday, October 3, 2000. The Council agreed and a meeting was set for Tuesday, October 3, 2000.
Mr. Brynes told the Council he had called and talked with an individual from a company that does
employee leasing. They said if the City made application they would need to look at the City’s
situation and see if this is something the City wants to do and see if it is something they would want to
do.

Councilmember Cook said when he asked the city manager to look at employee leasing, it was just an
option. Councilmember Cook said he has seen a proposal for a certain entity seeking to reduce one of
its risk rates. Councilmember Cook said it would cost nothing to have this company give the City a
proposal and “go to the table” with them to discuss this. Councilmember Scott said she would like to
see it in operation i.e. someone who has done this employee leasing. Mr. Brynes said the Chamber of
Commerce is under this type program.

Mr. Brynes told the Council that Main Street Perry, Inc., is trying to reorganize and join forces with the
Downtown Merchant’s Association. Mr. Brynes said Main Street has made a request that the Council
consider the City providing water and sewer services at the Main Street office. Mr. Brynes estimated
Page 13, September 26, 2000, Regular Session
the cost would be approximately $300 - $400 per year. Councilmember Cook agreed this could be
done saying, something good needs to be forth coming from this group. It was the consensus of the
Council that city water and sewer service be provided to the Main Street office.

AGENDA ITEM (8)…DEPARTMENT HEADS.

Director of Community Development Luther Gunter informed the Council Cla Olson’s term on the
City’s Tree Board would expire November 1, 2000. Mr. Gunter said Mr. Olson had decided not to
serve another term due to other obligations. Mr. Gunter said Mr. Erdman West has agreed to serve on
the Tree Board if the Council wishes. Councilmember Scott made a motion to appoint Mr. Erdman
West to a term on the City’s Tree Board. The motion was seconded by Councilmember Alexander and
upon roll call vote was as follows:
YEA NAY
Councilmember Cook X
Councilmember Alexander X
Councilmember Scott X
Councilmember Moore ABSENT
Mayor Frith X

Councilmember Cook addressed Director of Public Works Barney Johnson and asked him what would
be the status of resident’s old garbage cans now that the new city-issued cans are being distributed.
Mr. Johnson said the old cans would not be taken away but the City will not empty these cans any
longer.

City Attorney Bill Blue had several items for Council’s consideration.

Mr. Blue told the Council meeting minutes have been perused for information pertaining to an
application by the School Board for siting of a new school. Mr. Blue said, as of 3:00 p. m. this date,
the City has not yet received an application. Mr. Blue said the process began on June 13, 2000. Mr.
Blue said there has been a joint meeting/meeting with the Department of Education on June 27, 2000
and the School Board has had the application since sometime in July or early August. As a
comparison, Mr. Blue said Doctors’ Memorial Hospital (DMH) requested an application on September
7, 2000 and the City received the completed application on September 20, 2000.

Mr. Blue said if he understands correctly the City has only two opportunities per calendar year to
submit zoning changes such as land use change to the Department of Community Affairs. Mr. Blue
said Doctors’ Memorial Hospital’s (DMH) application for a land use change will soon be ready to send
to the Department of Community Affairs, which leaves only one other application that can be sent this
calendar year. Mr. Blue reminded the Council that someone from the community could request a land
use change this calendar year. Councilmember Cook asked for clarification that the City could only
submit two applications per year to DCA. Mr. Blue said this is correct but that several applications
could be “bundled together” to act as one submission to DCA, but if the application from DMH is sent
now and the City receives another application and sends it, that will be the two applications for the
year.
Page 14, September 26, 2000, Regular Session
Councilmember Cook commented that the School Board could put the City in a position that the City
could do nothing for them because the State failed to act. Councilmember Cook said the School Board
needs to understand the City’s position and the process, which has to be followed.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Cook said he has received a request from Mr. Ezell, owner of Perry Shopping Center,
that the City try to help him in keeping traffic from going through his shopping center to gain access to
Jefferson Street.

Councilmember Cook said he had a request from a lady who lives across from Perry Primary that the
City do something to enforce that garbage cans be removed at the end of the pickup day.

Councilmember Cook asked the status of the City’s use of inmate labor to help clean city streets. Mr.
Johnson said the City has been told, informally, the City’s work crew is going to get smaller and
smaller until there are none, due to re-certification of the inmates. Mr. Johnson suggested the
Department of Corrections Secretary might need to be contacted regarding this.

Councilmember Alexander said he has had a request for a street light at Malloy and Wilder streets.
Councilmember Alexander asked Mr. Johnson to check into this request.

Councilmember Scott asked Mr. Gunter the status of certain properties that need to be cleaned up. Mr.
Gunter said the property owners have been notified and have been given sufficient time to respond.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 9:20 p. m.

ATTEST:

_______________________________ _________________________________
William E. Brynes, City Manager Richard Frith, Mayor

Recorded in official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date