CITY COUNCIL MEETING

MINUTES
WORKSHOP SESSION
224 S. Jefferson Street
Perry, Florida
February 19, 2004

MEMBERS PRESENT: Shirley Scott, Bill Alexander, Richard Frith, Pam Feagle

MEMBER ABSENT: Doug Everett

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal and Annette Anderson

Mayor Frith called the meeting to order at 5:15 p. m. The secretary noted the attendance of Councilmembers as
follows:
PRESENT ABSENT
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X

SUBJECT OF MEETING…

CITY COUNCIL TO DISCUSS CITY CHARTER.

Mayor Frith said Section 9.11 of the Charter states: “Commencing in the calendar year 1988 and every fourth
year thereafter, the Council shall review, hold public hearings, and recommend, if necessary and appropriate,
changes in this Charter.” Mayor Frith said in accordance with that, the Council is meeting in this workshop for
the purpose of reviewing the Charter. Mayor Frith further explained this was not a meeting but a workshop to
see if Councilmembers had specific requests or questions regarding the Charter. Mayor Frith said one item
discussed by the Council over the last few Council meetings concerned Section 5.04 of the Charter referring to
the budget in that “The total of proposed expenditures shall not exceed the total of estimated income.”

Mayor Frith said he and the city manager had discussed and determined there probably should be a public
hearing at the March 9, 2004 regular session Council meeting to present to the public any things Council feels
might need changing and to get input from the public. Mayor Frith said he had looked through the Charter and
found several things that appear to be duplicated but doesn’t think it is significant enough to be put on a ballot.
Mayor Frith said one item the Council had expressed concern with is language in the Charter that prohibits
Council’s access to the City’s reserves.

Councilmember Feagle said she, too, had noticed some duplicity in the Charter. Councilmember Feagle then
pointed out several items with which she had questions: 1. Section 2.02 (B) Judge of qualifications. Mayor
Frith explained the Council does have sole discretion in determining whether or not candidates have met the
qualifications for election to the council but there has to be sufficient reason for disqualifying a candidate. 2.
Section 2.06 (B) Forfeiture of Office. A council member shall forfeit his office if he… (4) fails to attend three
consecutive regular meetings of the Council without being excused by the Council. Councilmember Feagle
specifically asked the procedure if a Councilmember served in the (military) reserves and was called to duty for
a period of time. Councilmember Feagle said the Charter doesn’t address this possibility. There was some
discussion suggesting there might be some language to the effect there might be a situation that arises when a
Councilmember could no longer discharge his (her) duties as expected. Mayor Frith commented this might be
an item for the city attorney to address.
Page 2, February 19, 2004, Council Minutes – Workshop Session

Councilmember Feagle asked for an explanation of Section 5.09 (C) Reduction of appropriations. “The Council
shall then take such further action as it deems necessary to prevent any deficit and for that purpose it may by
ordinance reduce one or more appropriations. Mayor Frith explained it says the Council shall “take action” but
it appears to limit the type of action to take. Mr. Brynes said this section ties back to Section 5:09 and both
should be changed, if any are to be changed.

Mayor Frith had comments about Section 5.09 (D) Transfer of appropriations. City Manager Bill Brynes said,
in his opinion, this is being done and referred to Section 5.04 (3). Referring to the sentence “The total of
proposed expenditures shall not exceed the total of estimated income,” Mr. Brynes explained when this was
done (Charter) the City was in bankruptcy and it was done to make the Council responsible by raising rates and
by other means of increasing revenue.

Mayor Frith said he would like to see some language on how this could be changed and yet keep a cap on what
could be spent. Councilmember Scott asked how the sentence could be changed to say what it needs to say.
Mr. Brynes said the word “income” could be changed to “resources” noting Section 5.09 would also need to be
changed. Mr. Brynes suggested that, by ordinance, the Council could set aside some amount of monies for
capital improvements and suggested language such as “renewal and replacement funds.” Mayor Frith noted
there was something in the Charter about restricted reserves. Mr. Brynes said the Council would be putting a
restriction on reserves by doing it by ordinance. Mr. Brynes said also with the ordinance there would be a
public hearing with public input.

Discussing the possibility of putting the Charter on referendum ballot, Mr. Brynes reminded the Council the
supervisor of elections would already be opening three districts (election of Councilmembers) and could open
the other two districts. Councilmember Feagle asked what would happen if the Council does nothing (regarding
a change to Section 5.04 of the Charter). Mayor Frith said it has been suggested that Council could wait until
someone challenges what is being done and see what the Court says. Mr. Brynes said even if it were to go to
referendum the Council could still restrict (reserves) for future capital improvements by ordinance.

Mayor Frith said at the February 24, 2004 regular session Council meeting, the Council could question the city
attorney on some of these issues and the Council could decide whether to advertise for and have a public hearing
at the first regular meeting in March.

ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was adjourned at
approximately 6:15 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date