CITY COUNCIL MEETING

MINUTES
REGULAR SESSION
224 S. Jefferson Street
Perry, Florida
August 28, 2001

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

STAFF PRESENT: Bill Brynes, Barney Johnson, Wayne Putnal, Billy LaValle 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 (3)…PRESENTATION OF CERTIFICATE(S) OF APPRECIATION TO CITY

EMPLOYEE(S) FOR YEARS OF SERVICE.

Employee Shawn Proudman of the Recreation Department was not present to receive his certificate.

AGENDA ITEM (4)…APPROVAL OF PREVIOUS MINUTES: August 7, 2001, Budget Workshop

Meeting and August 14, 2001, Regular Session and August 21, 2001, Budget Meeting.

After a brief review of the minutes, Councilmember Feagle said she needed some clarification
regarding the minutes of August 7, 2001, pertaining to discussion of a change in staff positions as
recommended by the city manager. Councilmember Feagle said the local newspaper noted a $4,000
increase in the salary of Mr. Stamos, whereas she did not recall a specific amount being discussed.
Councilmember Feagle said she understood that Mr. Stamos was originally the building inspector and
then assumed the position of Director of Community Development when that position was vacated.
Councilmember Feagle said the building inspector position is a non-management position, whereas the
Director of Community Development position is a management position. Councilmember Feagle said
as she understands it, because Mr. Stamos is not qualified to do all things in the Director’s position, the
city manager proposed shifting staff positions placing Mr. Stamos back in the building inspector
position and moving Director of Finance Billy LaValle into the Director of Community Development
position. Councilmember Feagle asked when Mr. Stamos went back to the building inspector position,
if he went back to a non-management position. City Manager Bill Brynes answered yes.
Councilmember Feagle asked about the $4,000 pay increase to Mr. Stamos. Mr. Brynes said this
information was given to the Council in a memo that meeting. Councilmember Feagle asked how the
$4,000 is justified if Mr. Stamos went back to a non-management position. Mr. Brynes explained this
is the city’s building official position and what was done was done to keep Mr. Stamos “whole” in
dollars because of the difference in (health) insurance benefits. Councilmember Feagle asked if non-
management personnel have their insurance paid. Mr. Brynes said part of employee’s insurance is
paid.
Page 2, August 28, 2001, Regular Session Council Minutes

Councilmember Everett said he is concerned about the precedent this could set for other employees—
when a big increase is given when demoted. Councilmember Scott commented Mr. Stamos was given
the raise because this is a hard-to-fill position and in order to keep Mr. Stamos employed the City had
to compensate him. Mr. Brynes said there has been no discussion that Mr. Stamos was leaving.
Councilmember Scott asked what Mr. Brynes meant by “keep him whole.” Mr. Brynes explained that
the City was paying 100 percent of health insurance for Mr. Stamos as a department head and by
making these moves would have decreased the contribution to Mr. Stamos’s insurance. Mr. Brynes
said by giving Mr. Stamos the $4,000 would continue to pay the entirety of his health insurance.

Councilmember Everett questioned whether this was fair to other employees and again voiced concern
about setting a precedent. Councilmember Everett said the Council set aside a certain amount of
money for salary increases and now someone is singled out and given $4,000 to offset something.
Councilmember Everett said from a perception standpoint, he is not comfortable about this.
Councilmember Scott asked if Mr. LaValle’s salary increased due to his added responsibility. Mr.
Brynes said Mr. LaValle did not request a pay increase.

Mayor Frith spoke and said this is a unique situation similar to the City giving large raises to the police
officers and firefighters because of the difficulty of obtaining anyone to fill these positions. Mayor
Frith said he was under the impression this is why this was being done. Mayor Frith said this shifting
of duties was a management arrangement between Mr. LaValle, Mr. Stamos and Mr. Brynes. Mayor
Frith said Mr. Brynes talked to Mr. Stamos and Mr. LaValle about their salaries and Mr. LaValle is not
asking for a raise. Mayor Frith said he thinks this falls into a management decision and the city
manager has made a decision. Mayor Frith said he has not had any other employee tell him they were
unhappy about this issue. Councilmember Feagle and Councilmember Scott said they had received
calls.

Mr. Brynes said some time ago the City hired an individual who was a temporary employee into a
supervisory position. Mr. Brynes said the lowest pay level in this division was probably $22,000 but
the City hired this individual at the very top because of what the individual was able to do. Mr. Brynes
said the City probably cut one of the City’s expenses by about $15,000 to $20,000. Mr. Brynes said
the City could contract with Tallahassee to come and do the inspections. Councilmember Everett said
this is not the issue. Councilmember Everett said his concern is what kind of precedent this would set.
Councilmember Everett said his only contention of this issue is how it is perceived and how to deal
with it when it next becomes an issue. Mr. Brynes said when and whatever may be will have to be
dealt with at that time.

Councilmember Feagle asked for clarification that since Mr. Stamos could not fulfill all the duties of
that position, Mr. LaValle, who is qualified, has been performing some of these duties. Mr. Brynes
said both Mr. Stamos and Mr. LaValle have been performing these duties. Mayor Frith said, as he
understands it, the shifting of positions was to clarify what was already being done. Mr. LaValle said
Page 3, August 28, 2001, Regular Session Council Minutes

he has been doing the commercial inspection part. Councilmember Everett asked if this is because he
(Mr. LaValle) is qualified and Mr. Stamos is not. Mr. LaValle said Mr. Stamos is not qualified in the
commercial inspection area, but that he would not go out on any inspection without Mr. Stamos. Mr.
LaValle said Mr. Stamos has been a contractor and knows what he is doing.

Councilmember Scott asked if Mr. Stamos’s salary is commiserate with other building inspectors with
cities the size of Perry. Mr. Brynes said the salary is less than the County now but somewhere in the
range of the County, with the $4,000. Councilmember Everett asked if Mr. Stamos’s daily work had
changed. Mr. Brynes said some of the planning and zoning has been moved to Mr. LaValle.

Mr. Brynes explained that the City had a building inspector and building official position.
Councilmember Everett asked if the building inspector position is being eliminated. Mr. Brynes
answered yes that Mr. Stamos would be the building official for the City. Mr. Brynes said Mr. Stamos
has been doing 100 percent of the building inspections that two people were doing, except for the
commercial. Councilmember Everett summarized saying there has been a substantial increase in an
employee’s salary over a short time; the employee had a promotion up and a rollback to some degree;
there were probably promotion monies when the employee went forward and now he has rolled back
and maintains a higher salary with lower responsibilities. Councilmember Everett said this sets a bad
precedent. Directing comments to Mr. Brynes, Councilmember Everett said, “You as city manager are
given he responsibility to make these decisions and a decision has been made. Councilmember Everett
asked Mr. Brynes if he felt he had make this decision with justification. Mr. Brynes answered yes.
Councilmember Everett commented it is the duty of a Councilmember if something does not sit right,
to question it. Councilmember Everett said where it goes from there is a matter of Council decision.
Councilmember Everett said the only thing that concerns him is that when Council talked about
salaries, everyone else was isolated to three percent increase and then someone is set aside from under
the three percent. Councilmember Feagle said it seems to be questionable in people’s minds about
what has been done.

Mayor Frith said Council is getting into micro-management again. Mayor Frith said he could not tell
what all the duties of Mr. LaValle or Mr. Stamos are because that is the way the Charter is set up.
Mayor Frith said the Council sets policy and turns the day-to-day activities over to the City Manager.
Mayor Frith said Mr. Brynes has defended a decision he has made, even though the Council may
disagree. Councilmember Everett said the City does operate under a Charter form of government, but
Councilmember could certainly express their feelings. Councilmember Scott said it is incumbent upon
Councilmembers when constituents question something Councilmembers can come and ask.

Councilmember Feagle said by no means is she trying to micromanage but when people ask questions,
there needs to be an answer. Councilmember Feagle said it is not her intent (to micromanage) but
there has been a lot of concern and questions about this issue, so this is where her concern is coming
from. Councilmember Feagle said the minutes do not reflect the $4,000 given to Mr. Stamos only that
Page 4, August 28, 2001, Regular Session Council Minutes

“some monies would be shifted to the building official.” Mayor Frith asked Councilmember Feagle if
she wanted to change the minutes. Councilmember Feagle said she does not know that they need to be
changed, she just needed clarification of the $4,000. Councilmember Scott said the minutes are
accurate as to what was said and as they read. Referring to the $4,000, Councilmember Everett said
such issue should be brought out and be part of the discussion as to exact amounts. Councilmember
Everett said he would strongly urge (the City) not to get into this practice again.

After discussion, Councilmember Scott made a motion to adopt the minutes of August 7, 2001, Budget
Workshop Meeting and August 14, 2001, Regular Session and August 21, 2001, Budget Meeting as
written; seconded by Councilmember Everett 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)…RECEIVING REQUESTS FROM THE GENERAL PUBLIC.

Mr. and Mrs. Whittingham, 1147 W. Green Street, addressed the Council regarding an issue brought to
the Council at the July 10, 2001 meeting. Mr. Whittingham said in that meeting, city attorney Bill
Blue gave an opinion and made a statement that if the City used the street and maintained the street for
that time, it becomes a city street. Mr. Whittingham said he and his wife maintain that the street
belongs to them. Mr. Whittingham said he spent some time with Mr. Blue and asked him about this
issue in a letter dated July 17, 2001. Mr. Whittingham said what concerns him is that Mr. Blue cannot
substantiate claims to that statement. Mr. Whittingham said he did further research in Florida Statutes
95.361 that states (city) may claim the road but it has to be recorded somewhere. Mr. Whittingham
said as he came to the previous meeting, no such document exists. Mr. Whittingham said the City
should produce evidence to show that the property they have paid taxes on, have a survey and a deed
belongs to the City. Mr. Whittingham said nowhere can they find this. Mr. Whittingham said he then
came to the Council and no one so far has produced evidence that there are any roads that the city
owns across their land. Mr. Whittingham said there was a road probably constructed by Lee Cyprus
and was probably used by the city and the public until about 1980. Mr. Whittingham said a bridge is
derelict and the land overgrown and they have maintained the road as theirs. Mr. Whittingham said he
comes to the Council now to ask what the current position of this issue is. Mr. Whittingham said if
such events cannot be substantiated, the Council should direct city officers to back Mr. Blue’s
statements or withdrawn them. Mr. Whittingham told the Council it is unfair to put up a situation
where land is in dispute between the City and themselves without any evidence whatsoever. Mr.
Whittingham said until such evidence is produced, he and his wife can and should be protected to
outline their property in a fair and reasonable manner. Mr. Whittingham said all members of the public
should be treated equally.
Page 5, August 28, 2001, Regular Session Council Minutes

Councilmember Everett asked if the property had been surveyed. Mr. Whittingham told the Council he
gave a copy of his survey to the city manager. Councilmember Everett asked Mr. Whittingham that if,
according to his survey, his property line is on this road. Mr. Whittingham said it is about 30 feet
beyond. Mr. Whittingham said he and his wife do not want to take anything that is not theirs and if
there is a document proving otherwise, they will abide by it.

Mayor Frith said it is his understanding there is another survey being prepared of this property. Mayor
Frith said his suggestion, his stance, is to engage an attorney who has no conflict of interest and let him
look into this matter. Mayor Frith said, as a city, there are several options but these items need to be
discussed with an attorney who has no conflict of interest. Mayor Frith said his proposal would be to
take no action this meeting and that it continue to be considered the property of the City of Perry until
someone in a judicial position tells Council it is not. Mr. Whittingham asked how a city street is
defined. Mayor Frith told Mr. Whittingham he would not argue Florida Statutes with him. Mayor
Frith said this is an item that needs to be put on the agenda and to have an attorney who does not have
a conflict of interest look at it. Mayor Frith said this meeting is not the time to discuss this issue.
Councilmembers agreed.

Mr. Folsom, the other individual with an interest in this matter, asked if he could address the Council.
Mayor Frith said he would rather not discuss this matter further until the City has an attorney who has
no conflict of interest to look at it. Mr. Folsom said if the City considers this to be a city street, he
wanted to let Council know that Mr. and Mrs. Whittingham are putting posts, stakes and cords across
the area to prevent him from entering this roadway. Directing comment to Chief of Police Wayne
Putnal, Mayor Frith said the City should proceed as if this is the City’s property and protect it as such.

AGENDA ITEM 6(A)…CITY COUNCIL TO REVISIT CITY STREET NAME CHANGES.

Mayor Frith began discussion saying the City advertised it was going to change some city street names
and solicited name change suggestions from residents of those streets. Mayor Frith said those street
names were changed but he has received several calls from residents on Magnolia Street on either side
of Highway 221 asking that the Council reconsider the change to Robertson Street on the east side and
Gunter Street on the west side. It was noted that Magnolia Street had been changed to Bowers Road.
Director of Public Works Barney Johnson told the Council there is already a street named Roberson
Street and there may be confusion with the two streets sounding alike. Another suggestion made by
residents in attendance was Hyman. Mr. Johnson said there is already a street named Hyram and the
streets have a similar sound. After some discussion, the residents requested they come back before the
Council at the next meeting with other suggestions.

Councilmember Everett asked for an update on whether there was a street in the county named Shady
Oaks. Councilmember Everett said the Council had recently changed Landry Road to Shady Oaks but
he has since been informed there may be a street in the county with this name. Chief Putnal told the
Council there is a county street named Shady Oaks. Councilmember Everett requested residents on
Landry Road be notified that the name Shady Oaks would have to be changed.
Page 6, August 28, 2001, Regular Session Council Minutes

AGENDA ITEM 6(B)…CITY COUNCIL TO DISCUSS PROPOSED ORDINANCE NO. 754.

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 10.5.2 CLARIFYING HOW
PROCEEDINGS AGAINST HAZARDOUS BUILDINGS ARE INITIATED; AMENDING 10.6
CLARIFYING WHAT NOTICE IS REQUIRED TO BE GIVEN TO PERSONS WHO POSSESS
LEGAL INTEREST IN HAZARDOUS BUILDINGS, AND THE TIMING FOR DELIVERING SAID
NOTICE; AMENDING SECTION 12.1.4 PROVIDING FOR THE CONDUCT OF HEARINGS AND
APPEALS BEFORE THE BOARD OF ADJUSTMENT IN CASES CONCERNING HAZARDOUS
BUILDINGS AND ALSO PROVIDING THAT FINAL ADMINISTRATIVE ORDERS OF THE
BOARD OF ADJUSTMENT SHALL BECOME LIENS AGAINST PROPERTY WHERE
HAZARDOUS BUILDINGS ARE SITUATED; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Brynes briefly reviewed the current process saying if a fine is to be levied for hazardous buildings,
the City has to instruct the city attorney to proceed to get a lien following a certain procedure for the
city to be reimbursed. Mr. Brynes said the proposed ordinance would allow for the City’s Board of
Adjustment to follow certain procedures for placing liens on hazardous properties and would be less
costly for the City. Mr. LaValle said staff is looking to streamline the ordinance so that the City would
not have to go to court every time to file a lien.

Mayor Frith asked Mr. LaValle if individuals could file against the property owner in small claims
court. Mr. LaValle answered yes. Councilmember Everett said he would prefer such issue remain a
civil matter, as he has a problem with government taking leaps and bounds with personal property.
Councilmember Scott said residents living next door to these places are requesting that these properties
be cleaned up. After further discussion, Mayor Frith directed this item be brought back at the
September 11, 2001, Council meeting for introduction and first reading.

AGENDA ITEM (7)…CITY MANAGER.

As requested by the Council, Mr. Brynes provided information on the breakdown of interest earned for
the City through July 31, 2001. Mr. Brynes said staff would begin putting this information in the
monthly financial statements for Council’s review. Councilmember Everett asked if this information
would become line items in the city’s budget. Mr. Brynes said this information would be there by
department when the detailed budget is prepared.

AGENDA ITEM (8)…DEPARTMENT HEADS.

There was no discussion at this time.

Page 7, August 28, 2001, Regular Session Council Minutes

AGENDA ITEM (9)…CITY COUNCIL REQUESTS.

Councilmember Feagle said she has received complaints from residents about garbage cans being left
out on the street and not being taken back in. Councilmember Feagle said she does not know how this
could be enforced. Mr. Johnson said this issue has never been brought up and that the Council has
never really said if they want to enforce this. Mr. Brynes suggested notice to residents could be placed
on customer utility bills as a reminder.

Councilmember Feagle asked for an update on safety concerns near the Dance Workshop. Mr. Johnson
said he has been unable to reach the owner but would try again.

Councilmember Everett said from his understanding of the rough drawing of the playground area at
Jerkins Park, the park was going to be backed up to the south end of the pool building.
Councilmember Everett there is a road or access beside this building. Mr. Brynes said this is just a
rough drawing and when the contractors come to install the playground equipment they will determine
the best placement.

Councilmember Scott asked Mr. Johnson if something could be done about the growth on the creeks in
town. Mr. Johnson said this is a seasonal algae that grows this time of year. Councilmember Scott
asked about aerial spraying for mosquitoes. Mr. Johnson said the County did not receive any Federal
Emergency Management Agency (FEMA) funds. Councilmember Feagle asked if the FEMA funds
were asked for. Mr. Johnson said the Taylor County Board of County Commissioners (TCBCC) would
be the ones who should have asked for FEMA funds. Councilmember Scott requested that Mr. Johnson
ask the TCBCC if they applied for FEMA money and what they are going to do about spraying for
mosquitoes.

AGENDA ITEM (10)…ADJOURNMENT.

There being no further business to come before the City Council at this time, the meeting was
adjourned at approximately 8:40 p. m.

ATTEST:

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

Recorded in Official Minute Book:

___________________________ _________________________________
Annette Anderson, Secretary Date