CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
December 10, 2002

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Pam Feagle, Doug Everett

MEMBER ABSENT: Richard Frith

STAFF PRESENT: Bill Brynes, Billy LaValle, Vern Clark, Bill Blue and Annette Anderson

Vice-Mayor/Councilmember Alexander called the meeting to order and led those attending the meeting
in prayer. Vice-Mayor/Councilmember Alexander led the group in the Pledge of Allegiance to the
Flag. The secretary then called the roll.
PRESENT ABSENT
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

City Manager Bill Brynes told the Council Mayor Frith was ill, Director of Public Works Barney
Johnson’s wife was in the hospital and Director of Finance Sarah Drawdy was in the hospital.

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

EMPLOYEE(S) FOR YEARS OF SERVICE.

Public Works employee, Susie Ellison, was not in attendance.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES.

After a brief review of the minutes, Councilmember Scott noted a correction to be made in the roll call
vote of the minutes. Councilmember Everett made a motion to adopt the minutes of November 26,
2002, Regular Session with correction to be made; seconded by Councilmember Feagle and upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

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

Mr. Mike Whittingham, 1147 W. Green Street, addressed the Council to make a specific request to the
City Council that they investigate actions of city staff in what he considers to be biased and prejudice
treatment, the result of which was an arrest based on circumstances, which were known to be untrue
and incorrect. Mr. Whittingham said it would be his hope this should never happen again and he hopes
the Council could support him in taking forward anything that would move communication between
departments, which he said was a serious problem, so that the Council is never accused (of bias and
prejudice) again.
Page 2, December 10, 2002, Council Minutes-Regular Session

On another matter, Mr. Whittingham said, even though the Council passed a motion in August (for
settlement of a property dispute), as of this moment, the Council’s direction has still not been carried
out and is still waiting for approval. Mr. Whittingham said he thinks something as simple as a
quitclaim deed could have been done in three working days. Mr. Whittingham said Council should
investigate why in December something the Council instructed staff to do has not been done yet. Vice-
Mayor/Councilmember Alexander asked the city manager if he wished to address this discussion. Mr.
Brynes said he would discuss this later (in the meeting).

Another individual to address the Council was Emily Ketring, president of the local Boys and Girls
Club and Mr. Kevin Kidd, director of the local Boys and Girls (B&G) Club. Ms. Ketring said at the
last meeting she had discussed the possibility of relocating the Boys and Girls Club on vacant property
the City owns on Jefferson Street. Ms. Ketring said she is happy that the Council donated this property
for a Veterans’ Memorial Park. Ms. Ketring told the Council the B&G Club had come up with a better
alternative for a B&G Club facility. Mr. Kidd then addressed the Council commenting on the need to
relocate the B&G Club. Mr. Kidd said the Club has over 100 children per day and certain activities
have to be shut down due to weather conditions. Mr. Kidd commented also that the Club is spread out
and the duck pond has been a safety issue. Mr. Kidd said, basically, the present building is not
conducive to B&G Club activities. Mr. Kidd told the Council of other properties they had considered
but none would be feasible due to various concerns such as finances, property being located in a flood
zone, the cost to build up and maintain certain properties. Mr. Kidd said it would also not be feasible
to move into the building currently used by the city recreation department. Mr. Kidd said the old
Gladys Morse elementary school had also been considered but due to some of these same concerns, it
would not be feasible to locate there.

Mr. Kidd said another area they looked at was the old high school property owned by the City and
located near the City’s water plant off Julia Street. Ms. Ketring said they feel this would be a good
location because it is in the heart of downtown, is close to ball fields, is in walking distance to the
schools, is visibly located, is located near a daycare facility and the club could maintain and enhance
the property. Ms. Ketring said the approximate 2.7 acres would also allow for growth of the Club. Ms.
Ketring said one advantage for building a facility here is the property would not need to be cleared nor
prepared.

Mr. Kidd said they have been working with a Boys & Girls Club of America to design a facility but
they cannot get anyone to send a project design without the B&G Club having property for the facility.
Mr. Kidd said they have been talking with local contractors to assist with building costs, identifying
and designating key funding sources. Mr. Kidd said they also are looking for funding from the state
and are working with Congressman Boyd and Senator Nelson for federal appropriations. Mr. Kidd
said they are also pursuing local funding. Mr. Kidd said the B&G is asking the Council to give the
property to them to build a facility.
Page 3, December 10, 2002, Council Minutes-Regular Session

Councilmember Scott asked Mr. Brynes if the City has any plans for this property. Mr. Brynes said it
doesn’t have any specific plans. Councilmember Everett asked Mr. Kidd if there was any stipulation in
receiving grant funds that the City would have to deed the property to the B&G Club or could it just
designate the property to the B&G Club. Mr. Kidd said the property could be designated if a tangible,
monetary value could be placed on the land.

Councilmember Feagle asked about the old block elementary school property (E. Veterans’ Drive).
Mr. Kidd said the building is being renovated and is used by Head Start and Pre-K. Councilmember
Everett asked an estimated time frame the B&G Club is looking at if funding is resolved. Ms. Ketring
said they would like to see this done in five years.

City Attorney Bill Blue asked if it would affect funding for the B&G Club to swap properties if the
City property is designated and another piece of property came available before the B&G Club
received funding. Mr. Kidd said, “Not really.”

Councilmember Feagle asked if there might be concerns from residents of that neighborhood. Mr.
Brynes said if the Council elected to allow that property to be designated as discussed, zoning issues
would have to be researched. Mr. Brynes said the City attempted at one time to put something on that
property and it was turned down for approval. When asked, Director of Community Development
Billy LaValle said the property is currently zoned residential single family and a special exception
would be required for the purpose outlined by the B&G Club.

Mr. Blue said there are two remote safety hazards in the area. Mr. Blue noted the railroad tracks in the
vicinity and the storage of chlorine at the City’s water treatment plant. Ms. Ketring noted the duck
pond at the B&G Club’s current location is a safety concern. Several individuals in the audience spoke
in support of the B&G Club’s request to relocate on the (old high school) city property.

Councilmember Everett then made a motion that the City Council dedicate the property known as the
old high school property located near the city’s water treatment plant contingent upon the B&G Club’s
zoning application being completed and being approved, receiving funding and also placing a time
frame of ten years for completion. Councilmember Scott seconded the motion. Before giving a vote,
Councilmember Feagle asked if notice of rezoning this property would be done. Staff said this would
have to be done. Mr. Blue said the Council might also have to redo the motion to dedicate the property
if the City is required to advertise and give notice of its intent to dedicate the property to the Boys and
Girls Club as discussed. Mr. Blue said he would look into this and if advertising and notice needs to be
done he would notify the City. Upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT
Page 4, December 10, 2002, Council Minutes-Regular Session

One other individual to address the Council was Mark Wiggins, Chamber of Commerce board member.
Mr. Wiggins said the Chamber commends the City Council on its cleanup efforts on Highway 19 and
adopted a resolution supporting this effort. Mr. Brynes said the City is still in the process of cleaning
up the area and is taking aggressive steps on some other properties. Mr. Brynes said about 12 houses
have been control-burned and there are probably 12 more to do.

AGENDA ITEM 6(A)…MR STEPHEN LOWITZ, AMERICAN LAND EQUITIES, INC., TO

ADDRESS THE CITY COUNCIL REGARDING A DESIRE TO BUILD AN APARTMENT
COMPLEX IN THE CITY.

Mr. David Summerall, Arbors Co., said they are proposing a $4 million investment in the city to build
an apartment complex on property located behind the old Winn Dixie building. Mr. Summerall said
they have had the property since 1997 and looked at building 72-96 units but it was not feasible due to
new construction costs and the rent that could be charged in Perry at that time. Mr. Summerall said a
solution is to get a State of Florida property tax credit to help out and to make it feasible to build. Mr.
Summerall said this program would require a contribution from the City in the amount of $10,000 and
they are hoping to get this in a fee waiver for building permits and sewer and water tap fees. Mr.
Summerall said depending on the number of units to be built the fees probably would be about $50,000
and they are just asking for a fee waiver of $10,000.

Answering some of Council’s questions, Mr. Summerall said under the tax credit program, which is an
affordable housing program, rents are capped at a minimal amount of approximately $400 to $500 per
month depending on the size of the unit. Mr. Summerall said average and medium incomes for the
area were considered and this is where the rent amounts fall. Councilmember Everett asked if the rent
is subsidized. Mr. Summerall answered no. Going over some of the plans, Mr. Summerall there would
be a full-time on-site manager, a clubhouse and pool. Councilmember Feagle asked if this would be a
secure, gated complex. Mr. Summerall said the complex would not be gated but there would be a
buffer placed around it. Councilmember Feagle asked if the units would be rented to any age group.
Mr. Summerall said yes and would be primarily targeted for families. Councilmember Feagle
commented that with the hope and expectation of growth in the community there is a problem with
people finding a place to live and she thinks the Council (City) should help these people come to Perry
and build the apartment complex.

Councilmember Scott asked what would happen if the City does not waive the $10,000 fee. Mr.
Summerall explained that any developer would have to have this contribution from the City to build.
Councilmember Feagle again commented on the need for housing in the area and said she feels the
apartment complex could be an enticement for retirees wanting to settle in the area. Mr. Blue said as
this is a competitive grant the company may not receive a grant and there would be no fee waiver from
the City, but if they do get the grant, the City would give the fee waiver, if the Council votes to do so.

Councilmember Everett questioned his need to abstain from voting on the issue as he has certain rental
property. Mr. Blue said he could do so.
Page 5, December 10, 2002, Council Minutes-Regular Session

Councilmember Scott expressed concern about the rental cost. Mr. Blue explained if the Council
approves this request for fee waiver, it doesn’t prevent the Council from approving a similar request
from someone else if they should come along.

Mr. Steve Lowitz then addressed the Council saying that he has been coming to Perry for several years
and thinks the community is positioned for growth. Mr. Lowitz said the demand factor is stronger than
it has ever been, noting the construction of a new hospital as one possible factor.

Councilmember Feagle said since Councilmember Everett has said he has rental property and would
abstain from voting, she wondered if she also should abstain from voting as she, too, has rental
property. Mr. Blue said Councilmember Feagle would not need to abstain from voting on the issue.
Mr. Lowitz said he didn’t think there would be a conflict of interest for Councilmember Everett in
owning rental property already. Councilmember Everett briefly explained his need to abstain saying
his family has existing property with plans to build an apartment complex in some years.

In discussing the amount of $10,000 fee waiver, Mr. Lowitz said this was figured on a $45,000 unit.
Director of Community Development Billy LaValle said for the $4 million project, the amount would
be approximately $12,000. Councilmember Everett suggested that if the Council opts to grant the fee
waiver, it should do so based on that computation making it a waiver fee per unit not just $10,000. Mr.
Lowitz proposed that they work closely with city staff and the city attorney and do this according to
the requirement in order for them to submit the application. Mr. Lowitz said for $10,000 the City
would get the balance of building fees and taxes on the property for many years. Mr. Lowitz noted
$10,000 is the required amount by the state. Councilmember Feagle said the City would also be
getting utility revenue. Councilmember Feagle questioned if there was any reason the City could not
give the $10,000 waiver and asked Mr. Blue if he had looked at this issue. Mr. Blue said he had not
specifically looked at it but had met with Mr. Lowitz and others and they talked to him about it. Mr.
Lowitz told the Council if the community works to support this, this is part of getting it done. Mr.
Lowitz assured the Council the complex would be a first-class project and something the community
would be proud of.

After discussion, Councilmember Feagle made a motion that the City grants the request for a building
permit fee waiver in the amount of $10,000. The motion was seconded by Councilmember Scott and
upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett ABSTAINED
Mayor Frith ABSENT
Page 6, December 10, 2002, Council Minutes-Regular Session

AGENDA ITEM 6(B)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 766

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO AN AMENDMENT OF

TEN OR LESS ACRES OF LAND TO THE FUTURE LAND USE PLAN MAP OF THE CITY OF
PERRY COMPREHENSIVE PLAN, PURSUANT TO AN APPLICATION BY THE PROPERTY
OWNER OF SAID ACREAGE, UNDER THE AMENDMENT PROCEDURES ESTABLISHED IN
SECTIONS 163.3161 THROUGH 163.3215, FLORIDA STATUTES; PROVIDING FOR A CHANGE
IN LAND USE CLASSIFICATION FROM RESIDENTIAL, LOW DENSITY (LESS THAN OR
EQUAL TO 2 DWELLING UNITS PER ACRE) TO COMMERCIAL OF CERTAIN LANDS
WITHIN THE CORPORATE LIMITS OF THE CITY OF PERRY, FLORIDA; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 766 be read by title only. The motion was
seconded by Councilmember Feagle and upon roll call vote was as follows:

YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 766 by title only. Vice-Mayor/Councilmember Alexander opened
the public hearing. There was no public comment. Mr. Carl Sanders, attorney, was present. Mr.
Sanders said he comes before the Council on behalf of property owners Ned Brafford and Dr. Parker
and Wal*Mart to answer questions on the land use amendment. Mr. Sanders said the amendment
would change the land use to commercial intensive to allow for complete development of the project.
Mr. Sanders said the City’s Planning and Zoning Board recommends approval by the Council and he is
asking for the Council’s support. After a brief explanation from Mr. LaValle, Councilmember Scott
made a motion to adopt Ordinance no. 766; seconded by Councilmember Feagle. Upon roll call, vote
was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 6(C)…PUBLIC HEARING AND FINAL READING – ORDINANCE NO. 767

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, RELATING TO THE REZONING OF

TEN OR MORE CONTIGUOUS ACRES OF LAND, PURSUANT TO AN APPLICATION BY THE
PROPERTY OWNER OF SAID ACREAGE, AMENDING THE OFFICIAL ZONING ATLAS OF
THE CITY OF PERRY LAND DEVELOPMENT REGULATIONS; PROVIDING FOR REZONING
FROM COMMERCIAL SHOPPING CENTER (CSC) TO COMMERCIAL INTENSIVE (CI), FROM
COMMERCIAL GENERAL (CG) TO COMMERCIAL INTENSIVE (CI), FROM RESIDENTIAL
SINGLE FAMILY-1 (RSF-1) TO COMMERCIAL INTENSIVE (CI) AND FROM COMMERCIAL
GENERAL (CG) TO COMMERCIAL INTENSIVE (CI) OF CERTAIN LANDS WITHIN THE
CORPORATE LIMITS OF THE CITY OF PERRY, FLORIDA; PROVIDING SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Page 7, December 10, 2002, Council Minutes-Regular Session

Councilmember Feagle made a motion that Ordinance No. 767 be read by title only. The motion was
seconded by Councilmember Scott and upon roll call vote was as follows:

YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

The secretary read Ordinance No. 767 by title only. Vice-Mayor/Councilmember Alexander opened
the public hearing. There was no public comment. Mr. Lowell Garrett, senior planner with the North
Central Florida Regional Planning Council, was present and explained there are currently a variety of
zoning classifications in the entire site and the applicant is requesting that all these be brought under
the commercial intensive zoning classification. Mr. Garrett said the prospective owners (Wal*Mart)
plan to have an outside storage area and this amendment would allow for this. Mr. Garrett told the
Council the City’s Planning and Zoning Board reviewed this and recommends approval by the
Council. Mr. Garrett said this would bring the entire site of approximately 35.97 acres under one
zoning classification.

Councilmember Feagle made a motion to adopt Ordinance No. 767. The motion was seconded by
Councilmember Scott and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

AGENDA ITEM 6(D)…RESOLUTION NO. 2002-20; A RESOLUTION AUTHORIZING

EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FOR THE INSTALLATION
OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND
PROVIDING WHEN THE RESOLUTION SHALL TAKE EFFECT.

Mr. Brynes told the Council there has been discussion of this being a signalized device. Mr. Brynes
said the City would share 50/50 in the maintenance costs. Councilmember Everett asked what this cost
would be per year. Mr. Brynes said this amount would be $2,820.00 with the City paying half this
cost. Councilmember Scott made a motion to approve Resolution No. 2002-20 as outlined in the title.
The motion was seconded by Councilmember Feagle and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT
Page 8, December 10, 2002, Council Minutes-Regular Session

AGENDA ITEM 6(E)…CITY COUNCIL AND STAFF TO DISCUSS MONTHLY FINANCIAL

REPORT.

Mr. Brynes told the Council it is too early in the fiscal year to develop an opinion as to where the City
may go.

Councilmember Everett asked where the City was at in terms of gas revenue volumes for the year.
Councilmember Everett said he brings this up specifically because he serves on the sports complex
recreation committee. Councilmember Everett said, basically, the County had $1.1 million for the
project but after purchase of the land, engineering and surveying costs, they have approximately
$785,000 left that they could start the project with. Councilmember Everett said he doesn’t think the
county nor the city should go forward with a sports complex without some discussion of consolidation
of (recreation) services. Councilmember Everett said he thinks it would be behoove the Council to
request from the County a joint meeting and say the taxpayers do not need two recreational facilities
and letting the County know the City is not opposed to the project only the possibility of doubling
services.

Councilmember Feagle asked when the committee would have more information saying it is hard to
negotiate when there are no details. Councilmember Feagle said plans are needed and the need to
know what impact the project would have on the City’s recreation department and budget.
Councilmember Feagle commented it had been discussed plans might include building an Olympic
swimming pool. Councilmember Everett said it has been discussed since that there would be no pool
at the complex. Councilmember Feagle made reference to monies the City gets from hosting baseball
tournaments and questioned whether the City would have to give this up. Councilmember Feagle
commented there does not need to be any competition between the city and the county.
Councilmember Everett said this is why consolidation is needed. Mr. Brynes said the County has hired
someone to do a feasibility study for that facility and after that is complete would be a good time for a
meeting. Councilmember Everett also suggested waiting for the design drawings. Councilmember
Feagle asked if there were minutes of the recreation committee meetings that could be reviewed?
Councilmember Everett commented he is not certain. After this item of discussion, the meeting
continued with the next agenda item.

AGENDA ITEM (7)…CITY MANAGER.

Mr. Brynes told the Council the documents (quit claim deed/easement agreement) that Mr.
Whittingham requested are ready for his review and then the Mayor’s signature. Attorney Bill Blue
told the Council there needs to be a motion and vote authorizing the Mayor to sign the documents
when he is able to do so.
Page 9, December 10, 2002, Council Minutes-Regular Session

Councilmember Feagle made a motion to authorize the Mayor to sign the documents without the
presence of the other Councilmembers. Councilmember Everett seconded the motion and upon roll
call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

On another issue, Mr. Brynes told the Council the City pool has a leak and is losing approximately 4
inches per day. Mr. Brynes said he would be contacting an individual in Tallahassee to look at this
problem. Councilmember Feagle suggested getting an evaluation from a professional on the condition
of the pool and how much it would cost for renovations. Mr. Brynes said this would be done as
Council decided at budget time to have this done.

Mr. Brynes said he had received a call from an individual on W. Leon Street why the street wasn’t
paved. Mr. Brynes said staff could look at this and if paving is needed it would be done. Mr. Brynes
said the paving company is scheduled to begin work December 17 th or 18th and the work should be
done fairly quickly. Councilmember Feagle commented on the condition of the streets in downtown
saying every one of them needed to be resurfaced and the City needs to make this happen.
Councilmember Everett asked about supervision of the paving project as to whether the City has
someone knowledgeable overseeing the project to make sure the City is getting what it is paying for as
for the thickness of asphalt being laid. Mr. Brynes said this is being done. Mr. Brynes said they have
someone watching them and the City has someone watching them.

Mr. Brynes reviewed information from Director of Public Works Barney Johnson requested by some
Councilmembers at the last meeting:
1. The request for a streetlight at 15th and Swartz Streets does not meet the criteria set by the
Council.
2. Compiling a list for redoing street name signs.
3. Pothole on Goff Street repaired.
4. Request for a streetlight at Bishop Blvd. and Highway 27 is in the engineering phase with
Florida Power and could be installed this week weather permitting.

Councilmember Scott said Mr. Johnson had asked her to follow up on putting a streetlight in the area
of Marva Edwards’s residence. Councilmember Scott said there is a streetlight in the middle of El
Rancho but the street where Marva Edwards lives and the street behind her residence is very dark.

Mr. Brynes said the Council had set the criteria for streetlights; but if they wish to change this and have
streetlights installed, this can be done.
Page 10, December 10, 2002, Council Minutes-Regular Session

Mr. Brynes reviewed the request from the First Methodist Church for the city’s help in putting in a
parking lot. Mr. Brynes said staff talked to the contractor who will be doing the work and the portion
the City could be responsible for amounts to approximately $6,800.00. Mr. Brynes said when the
church first talked about this project, they just wanted permission to do this and now are asking for the
city to pay for certain paving. Councilmember Everett said it was his understanding they asked for in-
kind services from the City. Councilmember said if the City gave $6,800.00 if would have to bid this
out. Mr. Brynes said if the City offered to take the curb and concrete out, it could do this.
Councilmember Feagle noted previous discussion about the need for additional parking in this area. It
was the consensus of the Council to provide in-kind services to the church for the project.

Mr. Brynes said there is a problem with storm water drainage on Washington Street, particularly
between the courthouse and the fitness center of the whole block. Mr. Brynes said when the streets
around the courthouse were resurfaced all the storm water drains were redone, which solved 95% of
the problem but there are still problems as water is held in the gutters. Councilmember Everett said
water cannot get to the drain quick enough and commented that water going into the street is
something he thinks the City needs to address. Councilmember Everett said the City needs to be
proactive in resolving these issues. Mr. Brynes said it needs to be fixed so that at least the water will
flow to the drain. Councilmember Everett said he would like this Council to charge staff with getting
this done in a hurry. Councilmember Everett then made a motion to that effect to resolve the (storm)
water drainage issue on Washington Street. The motion was seconded by Councilmember Feagle and
upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith ABSENT

Councilmember Scott said when the road in front of her house was paved, this same thing happens and
asked if the City would fix the problem there.

Councilmember Everett spoke about a vacant property between the fitness center and Perry Home
Improvements on Washington Street. Councilmember Everett said the Council might want to entertain
the thought of acquiring this property for additional parking in this area.

AGENDA ITEM (8)…DEPARTMENT HEADS.

City Attorney Bill Blue told the Council he had a chance to speak with the Wal*Mart counsel this
afternoon regarding concerns of some individuals after the City’s Planning and Zoning meeting to
discuss the changing of zoning classification from Commercial Shopping Center (CSC) to Commercial
Intensive (CI). Mr. Blue said there were concerns of the intensity of use and explained Commercial
Intensive allows a vendor to sell products outside. Mr. Blue said there are several business owners in
town who do this now under the wrong zoning classification, although it has never been raised as an
Page 11, December 10, 2002, Council Minutes-Regular Session

issue. Mr. Blue said he approached the subject with the Wal*Mart counsel that if the City were to
amend the Land Development Regulations (LDR’s) to allow Commercial Shopping Center zoning
classification to permit those uses that Wal*Mart was asking for, would they be interested in having
their property zoned yet again for the next intensive use. Mr. Blue said, without saying yes, the
Wal*Mart counsel expressed a willingness to possibly do this.

Councilmember Everett commented this would be done to try to bring those other businesses into
conformity. Councilmember Everett asked if this issue (another text amendment) would then have to
go back before the City’s Planning and Zoning Board. Mr. Blue answered yes. Councilmember
Everett said this is a good idea as it will help “cleanup” zoning issue for other businesses.

Councilmember Everett asked Wal*Mart counsel if there has been a commitment of purchase of the
property. Counsel for Wal*Mart, Mr. Sanders, said there is a contract in place and it is contingent upon
Wal*Mart getting all the necessary zoning approvals. Mr. Sanders expects this will close in 2003.
Councilmember Everett asked if the contract reads that if Wal*Mart gets all it needs (zoning) that it
must purchase the property. Mr. Sanders said most contracts say they would be obligated to purchase.

Mr. Blue asked if it is the consensus of the Council to permit city staff to speak with Mr. Sanders on
this issue. The Council stated it was the consensus this be allowed.

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle asked for an update on her request last meeting about the stop bars at the
intersection of Main Street and Center Street. Mr. Brynes said the material is coming and that it should
have been here this week.

Councilmember Feagle asked the number of city retirees. Mr. Brynes and staff estimated there are
approximately seven to eight retirees. Councilmember Feagle said she received a suggestion that city
retirees also receive gift certificates when city employees receive them. Councilmember Feagle said
she thinks this would be a good gesture and since there are not so many retirees, thinks the City could
do this.

Councilmember Everett questioned for how long the City would do this for a retiree and suggested if
the Council chose to do this, it be valid up to maybe five years after a person retires. Councilmember
Everett spoke about the number of future retirees and how many years this would have to be done.
Councilmember Feagle then stated, “(I’d) either do it or not do it!” Councilmember Feagle said she
also thinks that when employees retire, they should be given a party and other retirees invited. Mr.
Brynes said the employees of that department usually have a party for the retiring employee.
Councilmember Feagle said another option would be to give them a gift. Councilmember Scott agreed
the City should do something more than just say “goodbye.” Councilmember Scott said she has
always felt employment longevity should be recognized. Councilmember Everett said if (you’re)
looking to award
Page 12, December 10, 2002, Council Minutes-Regular Session
longevity, pay employees more at the time of pay increases. Councilmember Feagle said another
option might be to pay so much per each year of service. It was requested by the Council that staff put
something “on paper” for the Council to review these suggestions.

Councilmember Feagle said it has been mentioned about trying to get the dirt roads around the ball
field paved. Councilmember Feagle said she had talked with the property owner, Dr. Hedge, about
donating this to the City so the City could pave the roads. Councilmember Feagle said Dr. Hedge also
owns another lot on the other side of the field and told her he is not willing to donate the lots but the
City could make him an offer on these lots. Councilmember Feagle said she asked Mr. Brynes to get a
value on the lots so the Council could entertain an idea of possibly purchasing the lots and pave the
road. Councilmember Everett said if the sports complex comes about the City wouldn’t need to worry
about paving the roads, as there might not be any ball fields. Mr. Brynes reminded the Council the
City has a contract with the school district in regard to the football field. Councilmember Everett
commented the City could discontinue its contract with the school.

Lt. Vern Clark, Perry Police Department, commented that the school district might be more interested
in these lots as it could utilize the area for additional parking for the high school. It was the consensus
of the Council that Mr. Brynes speak with the school superintendent Oscar Howard about the
possibility of the school buying the lots from Dr. Hedge.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:30 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date