CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
October 23, 2001

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

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

Mayor Frith called the meeting to order. Councilmember Alexander led those attending the meeting in
prayer. Mayor Frith 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

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES: October 9, 2001, Regular Session.

Councilmember Scott asked for clarification of discussion pertaining to cross training of employees in
the finance department. Councilmember Scott asked if when the employee in the personnel position
retires would this position be downgraded. City Manager Mr. Brynes answered no. Councilmember
Scott asked if the person taking this position would be less qualified than the present individual or if
they would be equal (in qualifications). Mr. Brynes said, hopefully, this individual would be fairly
equal. Councilmember Scott said, in light of the controversy (for lack of a better word) and discontent
of employees, would this be a good time to replace the personnel employee, when she retires, with a
person who has a degree—someone who is trained in personnel matters. Councilmember Scott
commented doing so might cost the City more but it might be worth it if the City has a trained person
in this position.

Councilmember Feagle said she thinks Mary Tedder, who presently serves in this position, has done a
good job but now the City has an opportunity to change the policy and procedures. Councilmember
Feagle said she agrees this person should have a (B.S.) degree in Human Resources or at least many
years experience in labor laws and ethical situations. Councilmember Feagle said it probably would
not cost too much more and might help the City from being involved in legal issues for employees.

As there were no corrections to the minutes, Mayor Frith called for a motion to approve the minutes.
Councilmember Everett made a motion to adopt the minutes of October 9, 2001, Regular Session as
written; seconded by Councilmember Alexander and upon roll call vote was as follows:
YEA NAY
Councilmember Feagle X
Councilmember Alexander X
Councilmember Scott X
Councilmember Everett X
Mayor Frith X
Page 2, October 23, 2001, Council Minutes-Regular Session

AGENDA ITEM (4)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Several members of the Perry First Church of God addressed the Council to request the City extend
water services to the location on Highway 221 where a new church is to be built. The spokesperson
for the group told the Council the church already has the permits, a contractor and funding and is ready
to start building. The spokesperson said the church would pay for the materials and labor for the water
line extension.

Director of Public Works Barney Johnson told the Council this would require approximately 2,000 feet
of extension. Mr. Johnson also told the Council he did not think there would be enough flow on the
line. Councilmember Feagle asked what impact this would have on the City. Mr. Johnson said if there
is not sufficient residual, as required by the State, the City could be fined. Councilmember Everett
asked if the line could be looped. Mr. Johnson said this is a possibility. Mr. Johnson said the cost
would be approximately $2,100 to $2,200. There was discussion of the possibility of having to jack
and bore under the road, with the spokesperson saying the church would pay this expense. Mr.
Johnson said he would get a cost for this project and bring back to the Council. Councilmember
Everett made a motion to approve the extension of city water lines to the location of the new First
Church of God location contingent upon staff coming up with a cost factor and the church members
approving this amount. 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 X

Another individual to address the Council was Ms. Emily Ketring. Ms. Ketring thanked the City for its
support and help with improvements to the City Park and the Jerkins Park. Ms. Ketring asked the
Council if they had considered her suggestion that the fence from the tennis courts be used to place
around one of the basketball courts at Jerkins Park and to get rid of the other court that has been
vandalized. Councilmember Feagle said she went to look at the park and thinks fencing needs to be
around both courts. Councilmember Feagle said the one court that does not have nets for the
basketball goal could be fixed. Councilmember Feagle said she thinks it should be cleaned up rather
than demolished. Councilmember Everett agreed and suggested the nets be replaced with chain nets,
saying it would be cheaper than demolition. Councilmember Feagle commented the fence around the
City Park looks terrible and needs to be replaced at some time. Councilmember Everett requested staff
check on the cost of putting fence up at Jerkins Park and utilizing the fence the City already has, as
well as, checking the cost of chain nets for the basketball courts at Jerkins Park.
Page 3, October 23, 2001, Council Minutes-Regular Session

AGENDA ITEM 5(A)…DEAN FAULKENBERRY TO ADDRESS THE CITY COUNCIL WITH

RESPECT TO THE STATUTES OF THE REGULATORY LICENSE.

Mr. Faulkenberry, who works at the local Fair Store, addressed the Council to ask about the City’s
procedures regarding regulatory licenses. Mr. Faulkenberry told the Council of a concern regarding
street vendors. Mr. Faulkenberry spoke of one particular incident. Mr. Faulkenberry said he had an
objection to a street vendor selling certain merchandise and the City selling the vendor a license to sell
it. Mr. Faulkenberry said the vendor was selling the brand Carhartt clothing, which he currently sells
at the local business. Mr. Faulkenberry said he went to look at the merchandise himself and was told
the clothing was “seconds” and “irregulars.” Mr. Faulkenberry said he went to City Hall to get a
copy of the statutes (ordinance) relating to street vendors and also addressed his concern with the City
Manager a short time later. Mr. Faulkenberry said the city manager was nonchalant and cavalier about
his concerns. Mr. Faulkenberry said he felt the vendor should not be allowed to sell the merchandise
on the street but was issued a license anyway. Mr. Faulkenberry spoke about the attitude he received
from some city employees when addressing his concern. Mayor Frith asked Mr. Faulkenberry to
address the particular issue of his concern.

Mr. Faulkenberry said the application for a regulatory license calls for “proof of agency” and the
vendor did not have a proof of agency from Carhartt to sell the merchandise. Mr. Faulkenberry said
the vendor could not provide this “proof of agency” and should not have been issued a license. Mr.
Faulkenberry said the statutes also says the Chief of Police shoul cause an investigation as to an
applicant’s character and do a credit check. Mr. Faulkenberry said the Chief of Police was out of town
and someone at the Perry Police Department just ran a state criminal (background) check on the
individual. Mr. Faulkenberry said he called the State and no credit checks had been done on the
individual. Mr. Faulkenberry said he pleaded with the city manager not to allow the license to be
issued and for all these reasons he would like a license “annulment” or the license be revoked as it was
not properly signed. Mr. Faulkenberry said he would like to reiterate to the Council that he would like
these statutes to be followed. Mr. Faulkenberry noted the statutes gives 90 days to issue a license and
commented if the City does not want to follow the statutes then they should change them or get
someone who will follow them.

Mayor Frith asked city attorney Bill Blue his advice for the Council. Mr. Blue said, with respect to the
vendor, he does not see anything that the City or the Council can do at this time. Mr. Blue said he does
not see a procedure for annulment of the license. Mr. Blue said there is a procedure within the city’s
ordinance for revocation but this is for reason of fraud and he has not heard a basis for this (fraud);
however, this does not leave Mr. Faulkenberry without a remedy. Mr. Blue said Mr. Faulkenberry
could bring private action in county court but he does not think there is a basis for relief for Mr.
Faulkenberry for this particular incident.
Page 4, October 23, 2001, Council Minutes-Regular Session

Mr. Blue said, as to what the City (Council) could do from this point forward, it could do anything it
wants. Mr. Blue said it would require changing the existing ordinance if the Council decides to make
changes.

Mayor Frith asked if there is a situation where the manufacturer of clothing will sell clothing for
“seconds” to another wholesaler. Mr. Blue said, with respect to the reference to “agency”, he does not
know what was on the minds of a previous Council at the time the ordinance was written, as the term
“agency” is not defined. Mr. Blue said it is entirely possible the vendor purchased this product from
someone other than the factory warehouse and decided to sell it. Mr. Blue said if this is the case, the
vendor does not have to have an agency—he could say he is selling for himself. Mr. Brynes told the
Council the vendor said he was representing himself. Councilmember Scott said the fact that the man
is operating business without a license is not a major concern. Councilmember Scott said the concern
is that the City has set a certain policy and if it says this is the way it is going to be done, then she is
concerned when it is not done. Councilmember Scott noted the reference to the Chief of Police being
the one to have to sign the application for license. Mr. Blue said, with respect, the ordinance as drafted
appears to be infeasible. Mr. Blue explained it is not feasible to assume the Chief of Police has nothing
else to do but to investigate vendors and he doesn’t see why it would be the Chief’s job to sign these
licenses. Chief of Police Wayne Putnal stated that when he is absent, the State of Florida recognizes
the individual he leaves behind as being in charge. Mr. Blue suggested the ordinance should be
changed with the police department being responsible for only investigating an applicant’s character.
Mr. Blue also suggested the same department that signs other licenses be responsible for this type
license and there should be a certain process to address the concerns of Mr. Faulkenberry.
Councilmember Scott said that sounds good for the future but asked what could be done right now.
Councilmember Feagle agreed saying the City has to deal with what the ordinance says right now and
questioned if the city manager has the discretion of letting some people follow some of the rules and
others follow all the rules. Councilmember Everett said, going forward, the City could address the
ordinance, but his only concern is that the City be consistent and to make sure the people at City Hall
know what is expected of them. Councilmember Everett commented there also has to be a fair and just
system for vendors to peddle their wares. Councilmember Everett said no one has come up with any
(proof of) fraudulent activity and he doesn’t think there is anything to help revoke the vendor’s license
but the Council could go forward and revisit the ordinance. Councilmember Everett said, personally,
as a Councilmember Mr. Faulkenberry could take with him this night that he would recommend to the
Council that this issue be addressed in a rapid fashion and it be done so as to be consistent.
Councilmember Everett also said this will also include whatever decisions are made that the Council
make sure that City Hall treats everyone as fair as can be done. Councilmember Everett said he has
not found anything the Council could do for Mr. Faulkenberry this night.

Councilmember Feagle asked if the ordinance says a person has to have a sales tax license. Mr. Blue
said he did not know for sure. Councilmember Feagle commented that if the city manager has been
unprofessional, the Council needs to deal with it. Councilmember Feagle said she would hope Council
Page 5, October 23, 2001, Council Minutes-Regular Session

would not condone this behavior, especially from the city manager, if it did happen this way. Mr. Blue
told the Council whenever anyone comes before the Council with a grievance, by this very nature, they
are very unhappy and if they dealt with someone at City Hall and did not get satisfaction, they are
unhappy. Mr. Blue said when they communicate this to the Council, it is human nature to be upset
when you don’t get what you want. Mr. Blue told the Council to remember that when they are hearing
such for the first time, they are hearing only one side. Councilmember Feagle asked Mr. Blue’s point.
Mr. Blue commented that just because a statement is made, regardless of how fervently made, does not
make the statement true. Councilmember Feagle said she did qualify her comments by stating, “If it is
true.”

Mr. Faulkenberry asked if the Council would allow him to start the revocation process based on the
things he spoke of and the lack of proof of agency. Councilmember Everett said, in light of Mr.
Faulkenberry’s request, he has not been satisfied the vendor’s intent was misrepresented on the license
application and as a City Council he has not seen where the Council has grounds to do this. Mr.
Faulkenberry asked Councilmember Everett if he thought there was negligence on the city manager not
following procedure. Councilmember Everett said he has not talked to the city manager about this
issue and does not think he is prepared to pass judgment on the city manager. City Manager Bill
Brynes then spoke of his conversation with Mr. Faulkenberry and relayed to the Council that it was the
opinion Perry Police Officer Johns that the vendor was selling used merchandise. Mr. Brynes said the
vendor did not need to purchase a license but did so to satisfy Mr. Faulkenberry. Mayor Frith then
ended discussing stating he felt is was the consensus of the Council there was nothing to be done this
night for Mr. Faulkenberry and that the ordinance regarding this licensing concern be addressed in the
future.

AGENDA ITEM 5(B)…INTRODUCTION AND FIRST READING-ORDINANCE NO. 748

AN ORDINANCE OF THE CITY OF PERRY, FLORIDA, AMENDING CITY OF PERRY

ORDINANCE NUMBER 601 ENTITLED CITY OF PERRY LAND DEVELOPMENT
REGULATIONS, AS AMENDED, BY AMENDING SECTION 2.1, DEFINITIONS GENERAL TO
INCLUDE DEFINITIONS APPLICABLE TO TELECOMMUNICATIONS FACILITIES, BY
AMENDING SECTION 4.20.9 ESSENTIAL SERVICES, TO INCLUDE TELECOMMUNICATIONS
FACILITIES, BY AMENDING 4.20.10, EXCLUSION FROM HEIGHT LIMITATIONS, TO
EXCLUDE FROM THE EXCLUSION ON HEIGHT LIMITATIONS ANTENNAE ATTACHED TO
TOWERS AND INCORPORATED THEREWITH IN TELECOMMUNICATIONS FACILITIES,
ADDING SECTION 4.20.38, ESTABLISHING GUIDELINES FOR THE PERMITTING,
LOCATION, CONSTRUCTION AND REGULATION OF TELECOMMUNICATIONS FACILITIES,
AMENDING SECTION 2.1, DEFINITIONS GENERAL BY AMENDING THE DEFINITION OF
THE WORD STRUCTURE TO INCLUDE ANTENNAE, TOWERS, TELECOMMUNICATIONS
FACILITIES, ANCILLARY FACILITIES, AND PROVIDING AN EFFECTIVE DATE.

Councilmember Scott made a motion that Ordinance No. 748 be read by title only. Councilmember
Alexander 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 X
Page 6, October 23, 2001, Council Minutes-Regular Session

The secretary read Ordinance No. 748 by title only. Discussion began with local businessman Ward
Ketring addressing the Council on several items in the ordinance:

1. 4.20.38 Telecommunications Facilities: 4.20.38.1 Applicability #3. The provisions of this

Section shall not apply to telecommunications facilities located on property owned by the City
of Perry.
It was noted that, in this ordinance, it appears that individuals are encouraged to put their property
(towers) on city property and the City would receive a fee for lease and be exempt from safety
regulations. It was the consensus of the Council to delete Item #3 under this section.
2. 4.20.38.3 Application Requirements. #2. Proof that the applicant has a contract with a
carrier for immediate location and occupancy on the proposed telecommunications facility.
3. 4.20.38.3 Application Requirements. #4 An inventory of the site owner’s and tower owner’s,
if different, existing telecommunications facilities with the City of Perry and within three (3)
miles of the City’s limits along with a plan describing any potential future telecommunications
facility locations.
4. 4.20.38.3 Application Requirements. #5(j). The location of all telecommunications facilities
within a three (3) mile radius of the proposed telecommunications facility.
Mr. Ketring expressed concern about the elimination of keeping business private from competitors
if these sections are in the ordinance. There was discussion that a business owner could provide a
signed affidavit stating he has a contract with a carrier. It was the consensus of the Council to
delete #2, #4 and #5(j) of this section.
5. 4.20.38.3 Application Requirements. #7. Copies of inspections or reports that are required
by, and have been submitted to, the FAA and/or the FCC;
4.20.38.3 Application Requirements. #8. A copy of any permits required by the
Suwannee River Water Management District, and the Florida Department of
Transportation;
4.20.38.3 Application Requirements. #9. A copy of any permits required by FCC
regulations regarding non-ionizing electromagnetic radiation (NIER).
After a brief discussion, City Attorney Bill Blue recommended these items could be placed in the
“Enforcement” section of the Ordinance.
6. 4.20.38.3 Application Requirements. #13 (b). Proof that the applicant has a contract with a
carrier for immediate locations or occupancy on an existing tower.
It was the consensus of the Council that this item be deleted.
7. 4.20.38.3 Application Requirements. #13 (d) Copies of inspections or reports that are
required by, and have been submitted to the FAA and/or FCC; #13 (e) A copy of any permits
required by FCC regulations regarding non-ionizing electromagnetic radiation (NIER).
It was the consensus of the Council #13 (d) and (e) be deleted as duplications.
8. 4.20.38.5 Preferred Location Sites. #2 City property and structures such as water towers
shall be preferred location sites.
 Page 7, October 23, 2001, Council Minutes-Regular Session

It was the consensus of the Council that the words “City property and structures such as” be
deleted from this sentence and the sentence read as: Water towers shall be preferred location sites.

9. 4.20.38.7 Height; 1 (a), (b), (c) The height of all proposed telecommunications facility towers
shall be the minimum necessary to satisfy the applicant’s communication needs at the location
or 199 feet, whichever is less. A variance may be granted on the following conditions: (a)
Technology does not exist to permit the transmission and/or reception of the frequency that
would be broadcast by the telecommunications facility or; (b) The industry standard for the
location of towers transmitting or receiving the frequencies in question is greater than 20
miles; and (c) No such similar tower transmitting or receiving the same or comparable
frequencies exists within the City.

It was the consensus of the Council to remove this paragraph from the ordinance. Councilmember
Alexander left the meeting briefly at 8:25 p. m. and returned at 8:32 p. m.

10. 4.20.38.8 Structural Requirements. #2 All telecommunications facilities shall be inspected

at least every two years by a Florida licenses structural engineer or Florida licensed tower
construction company. The owner of the telecommunications facility is responsible for
assuring that the inspections occur, and providing the Land Development Regulation
Administrator with the written finding of the engineer’s inspection.

It was suggested that the use of the words “tower construction company” be changed to “tower
inspection company.” After further discussion, it was the consensus of the Council to delete the
first sentence of this paragraph entirely.

11. 4.20.38.11 Signage. #2 No advertising is permitted on telecommunications facilities.

Councilmember Everett suggested removing this item. Councilmember Feagle requested it be left
in the ordinance.

12. 4.20.38.15 NIER Exposure. #2 Before receiving final inspection, adequate proof shall
be submitted to the City that the communication tower complies with all current FCC
regulations for non-ionizing electromagnetic radiation (NIER). The Planning and Zoning
Board shall indicate on the site plan approval that this certification has been received.

It was the consensus of the Council that the last sentence of this item be deleted.

At the conclusion of discussion, it was noted that due to the number of changes to the ordinance, there
would need to be another Introduction and First Reading on the “cleaned up” ordinance. This item to
be brought back to the Council at the November 13, 2001 Council meeting.

AGENDA ITEM 5(C)…RESOLUTION NO. 2001-22; A RESOLUTION OF THE CITY COUNCIL

AMENDING THE GAS, WATER AND SEWER UTILITY EXTENSION BUDGETS OF THE CITY
OF PERRY, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 2001 THROUGH
SEPTEMBER 30, 2002.
Page 8, October 23, 2001, Council Minutes-Regular Session

Mayor Frith stated this resolution provides for $2,000 in each respective budget fund for extension
costs as approved by the Council at the last meeting. Councilmember Everett made a motion to adopt
Resolution No. 2001-22. 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 X

AGENDA ITEM 5(D)…CITY COUNCIL TO DISCUSS INFORMATION PROVIDED BY MR. AND

MRS. MIKE WHITTINGHAM REGARDING PROPERTY DISPUTE.

Councilmembers had previously been provided a package of information provided by Mr.

Whittingham in their weekly Council mail. Mr. Whittingham addressed the Council to say there had
been title searches of the property done in 1983 and 1996, but this really provides no clarification for
the issue. Councilmember Everett commented the issue needs to come to some resolve.
Councilmember Everett said he has a concern from the city’s perspective the City has not clarified
through legal counsel about imminent domain, as the city maintained the road for a number of years.
City Attorney Bill Blue said the property could possibly be taken by prescriptive easement. Mr. Blue
said he could not advise the Council on this issue because he has a conflict of interest. Councilmember
Scott asked if the Council could seek counsel from elsewhere since the city attorney could not give
counsel on this item. Mr. Blue said he would suggest if the Council decides to seek outside counsel,
they do so with a firm in Tallahassee that has counseled the City on other issues. After addressing the
issue, Mr. Whittingham left the meeting. Councilmember Everett commented that if the Council does
not feel its needs legal counsel, the only alternate action to take is no action and let the two property
owners take this matter to a court of law. Councilmember Everett said he wants to see some resolve
either by “no action” or the City gets legal council. The other property owner, Mr. Folsom, said he
recalls the consensus of the Council being that this is a city street and the Mayor indicating it would be
protected as a city street. Mr. Folsom told the Council Mr. Whittingham has blocked the roadway with
several barrels blocking access to the road.

There was a question of utility easements. Councilmember Everett asked if there were city utilities
under this road. Director of Public Works barney Johnson told the Council the City has water, sewer
and gas utilities there. Councilmember Everett said he feels the best course of action is to let Mr.
Whittingham take this matter to a court of law and that the Council eliminate this issue from the
Council table and agenda. Councilmember Everett said the Chief of Police can take direction from the
City Manager, if need be, in removing the plastic barrels from the property. It was the consensus of the
Council that the best course of action is to let Mr. Whittingham take this matter to a court of law and
that the Council eliminate this issue from the Council table and agenda.

At this time (approximately 9:05 p. m.), Councilmember Feagle asked if the Council could take a five-
minute break. Mayor Frith called for a five-minute break.
Page 9, October 23, 2001, Council Minutes-Regular Session

Mayor Frith called the meeting back to order at approximately 9:11 p. m.

AGENDA ITEM 5(E)…COUNCILMEMBER EVERETT TO DISCUSS PAST CONTRACTS AND

PROJECTS DONE IN THE CITY.

This item to be tabled for a future meeting.

AGENDA ITEM (6)…CITY MANAGER.

Mr. Brynes updated the Council on the Community Development Block Grant project for extension of
sewer services to United Welding Services, Inc. Mr. Brynes said the City had received six engineering
bids. Mr. Brynes said three of these proposals would be brought back to the Council for interviewing
those three engineering firms.

On another issue, Mr. Brynes said work for installing the sewer line for the new hospital should begin
on Monday or Tuesday. Mr. Brynes said a portion of Main Street (at the bridge) would have to be
closed but would only affect one homeowner and business.

Mr. Brynes told the Council Perry would be hosting the eleven-year old baseball tournament next year
at Catharin Norman Park. Mr. Brynes said the event provides an economic boost for the community.

Mr. Brynes said the Council has mentioned having a couple of workshops to discuss the budget and a
resolution amending the Community Development Block Grant budget. Mr. Brynes said each year two
budgets are prepared: one for operating expenses and one for capital outlay. Mr. Brynes began to
explain the two budgets. Councilmember Everett said his concern is the appearance of the budget and
how items would eventually show up as a budgeted item. Councilmember Everett said this is the
reason he wants to have a workshop. Councilmember Feagle said she, too, would like to have a
workshop to better understand the budget process.

Mr. Brynes told the Council the State is cutting budget monies and he could not anticipate what the
City might receive. Mr. Brynes mentioned the $515,000 in sales tax revenue the City collects. Mr.
Brynes said he does not know what affect the economy will have on this, but the amount would
probably be somewhat less. In regard to the gas tax, Mr. Brynes said there should be no effect on
paving operations, as the City just saves enough money until it can do a paving project.

Mr. Brynes said there are other items that could be effected and spoke specifically about the $300,000
the State is to give the City for the construction of a spray field. Mr. Brynes said the Legislation might
take this money back.

AGENDA ITEM (7)…DEPARTMENT HEADS.

There was no discussion at this time.

Page 10, October 23, 2001, Council Minutes-Regular Session

AGENDA ITEM (8)…CITY COUNCIL REQUESTS.

Councilmember Feagle said she had suggested that the Council review the city’s monthly financial
reports each month. Councilmember Feagle said she would like to propose when Council receives
these reports that they be discussed at the first meeting of the month. Councilmember Feagle
addressed Mr. Brynes to say that in areas where a budget has been overspent, he get an explanation
from the department head. Councilmember Feagle said, as far as workshops for the budget, she would
like to have a workshop because there are things she is not sure of herself. Councilmember Feagle said
she needs a better understanding so as to make better decisions and manage in the way Council is
supposed to manage.

Councilmember Feagle spoke of he city’s hiring policy. Councilmember Feagle said she would never
want to tell the city manager whom to hire but would like to see the City’s policy for hiring and
rehiring revisited. Councilmember Feagle said she would like to see job vacancies posted so that every
city employee can see there is a vacancy. Councilmember Feagle said when the vacancy is posted, she
would like to see the qualifications needed to fill the position. Councilmember Feagle said she would
like to see the Council look at qualifications for a Human Resources (HR) person and would like to see
someone with a degree and trained in this area of HR. Councilmember Feagle said she would like to
see this done before someone is cross-trained for this position.

Mayor Frith said this may require some changes to the City Charter and asked city attorney Bill Blue’s
thoughts on this matter. Mr. Blue said it is certainly the authority of all Council members to make
recommendations and encourage the city manager in personnel matters. Mr. Blue said, personally, his
comment would be would be that trying to make qualifications of employees to the city manager may
invade the purview of the ordinance. Mr. Blue said he does not know that the Council has the ability to
dictate to the city manager what such qualifications should be and that the Charter limits Council input.
Mr. Blue said, under Florida law, the City has all the power that the State has not taken away, but the
Council limits this by its Charter. Mr. Blue said the Charter dictates the limits of Council authority
with dealing with the city manager and people under him. Mr. Blue said there are only three or four
people who serve at the Council’s pleasure: the city manager, city attorney, city engineer and city
auditor. Mr. Blue said employees serve at the pleasure of the city manager. Mr. Blue said he does not
think the Council can tell the city manager what the qualifications should be for employees. Mr. Blue
said if people who serve at the Council’s pleasure do not do so to Council’s satisfaction, Council could
remove them.

Councilmember Feagle spoke of a problem she had heard the City had in the past, and thought that had
the City had someone more versed in that area, things might have been different. Councilmember
Everett said part of the Council’s authority is that they can make the change. Mr. Blue said such
change would have to have a majority vote of the Council and the vote of the citizens. Councilmember
Page 11, October 23, 2001, Council Minutes-Regular Session

Everett said he does not have the strong feelings like Councilmember Feagle but feels some things
need to be addressed. City Manager Bill Brynes said if the Council is willing to fund a degreed HR
person for that position, it could be done. Councilmember Feagle suggested the possibility of making
a provision and be willing to school an individual that would qualify them for the position.
Councilmember Feagle asked why the HR person also does payroll. Mr. Blue said the City has the
benefit of one person doing several jobs, unlike the County who has three people to do three jobs.
Councilmember Scott commented that to get done what she has proposed, the City is going to need an
HR person and this person doesn’t need to be the person to deal with insurance and payroll.

Councilmember Everett commented that the Council had tabled discussion of the possibility of
changing city election dates some time ago and requested this be placed back on the agenda. Mr.
Brynes said it would be on the November agenda, as supervisor of elections Molly Hendry Lilliott had
been unavailable to attend recent Council meetings.

Councilmember Everett asked for an update on Mr. Dice’s request for water extension. Mr. Johnson
said this has been taken care of and Mr. Dice has been informed he could get city water service.
Councilmember Everett asked for an update on information relating to completion plans for the City
Park. Mr. Brynes said he is working on this item and should have information available at the next
meeting.

Councilmember Everett said he has had calls about (water) rust problems in the area of Glenridge
Road and asked what could be done. Mr. Johnson said the hydrants could be flushed. Councilmember
Everett asked what could be done in the meantime to help protect the residents concern. Mr. Johnson
explained that the City notifies residents when flushing will be done and provides residents with a rust
remover. Councilmember Feagle suggested notice to residents could be put on customer utility bills.

Councilmember Everett said a suggestion came up that the City could have a fish fry for Suwannee
River Water Management District personnel to show the City’s appreciation for their contribution to
the City for the spray field project.

Councilmember Feagle said the City should give some good recognition to Perry Police Officer John
Zarate, who had rescued a woman from a burning home recently.

Councilmember Scott commended the city manager and past and present finance directors for the good
job they have done for the City. Councilmember Scott commented she has been on the City Council
for about ten years and during this period she has worked with the city manager and director of finance
persons. Councilmember Scott said whenever she had questions concerning the budget she went to the
city manager or the director of finance and feels they are fiscally responsible.

Mayor Frith said he had received an easement agreement from attorneys Smith, Smith, Moore and
Smith. Mayor Frith said the easement agreement is between the City of Perry and Ware Oil & Supply
Company, Inc., for a sewer line to new construction on Highway 19. Mayor Frith said, based upon
review of the agreement, Council approval is needed to authorize the Mayor to sign it. City Attorney
Bill Blue said there would be no cost to the City and his legal recommendation would be to approve
the agreement.
Page 12, October 23, 2001, Council Minutes-Regular Session

Councilmember Scott made a motion to authorize the Mayor to sign the easement agreement between
the City of Perry and Ware Oil & Supply Company, Inc. 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 ABSTAINED
Mayor Frith X

Councilmember Everett abstained from voting due to a conflict of interest in that he could gain from
the project. Mr. Blue advised Councilmember Everett that he must file a formal “conflict of interest”
form.

AGENDA ITEM (9)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 10:30 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date