Mayor-Commissioner Ockunzzi called the meeting to order at 6:30 P.M.,
followed by the Pledge of Allegiance.

BACKGROUND: On October 17, 2007, the City Commission, by consensus,
with Mayor-Commissioner Ockunzzi and Vice Mayor-Commissioner Johnson
dissenting, instructed staff to seek Request for Qualifications for Legal Services.

On January 9, 2008, sealed Request for Qualifications for Legal Services were
received and opened.

On January 22, 2008, the City Commission received the ten submitted Request
for Qualifications for Legal Services and selected four attorneys for interviews.

On February 7, 2008, the City Commission interviewed four attorneys for the
position of City Attorney.

On February 12, 2008, the City Commission selected Maura J. Kiefer for the
position of City Attorney with an employment date of May 12, 2008.

Section 4, Termination and Transition, of the Contract states: In the event of
either a vote to terminate the City Attorney or the submission of the Attorney’s
resignation, both parties hereto agree to a 90 day transition period beginning
on the date the vote is taken to terminate or the effective date of the
resignation.


Assistant City Attorney Lokenauth read Resolution No. 2008-19 by title only.

Interim City Manager Taylor presented the Agenda Memorandum.

Mayor-Commissioner Ockunzzi stated that City Attorney Salzman’s Contract
calls for a 90-day transition period and suggested that the City Commission
make Attorney Kiefer “the City Attorney” effective February 26, 2008, which
would be the next meeting wherein the City Commission will approve her
Contract; and during the transition period, City Attorney Salzman be employed
per the Contract to ease the transition. He stated that he feels it should be
done this way because Attorney Kiefer will be on board when the new City
Commission is seated on March 25, 2008.

Mayor-Commissioner Ockunzzi stated it is his understanding that City Attorney
Salzman is okay with early termination, however, there will be a transition
period and stated that the City would be looking at paying ten weeks of City
Attorney Salzman’s and Attorney Kiefer’s monthly retainer fees, but feels that
would be money well spent to assure a smooth transition.

Commissioner Coppen recommended that City Attorney Salzman be the City
Attorney until the end of this City Commission, and Attorney Kiefer begin on
March 25, 2008, when the new City Commission is seated.

Commissioner Valery inquired who would be handling the ongoing litigation
cases, with Mayor-Commissioner Ockunzzi responding that City Attorney
Salzman’s Contract states that continued representation of the City by the
attorney after the 90-day transition period on any existing litigation or special
matters would be by mutual agreement.

Mayor-Commissioner Ockunzzi stated he would like for Attorney Kiefer to
review all outstanding litigation cases and make a recommendation in terms of
which ones she will be taking over and which ones she feels should be handled
by City Attorney Salzman.

Attorney Kiefer stated that Assistant City Attorney Lokenauth has advised that
City Attorney Salzman is very flexible on the 90-day transition period, and that
she does not know how much of that 90 days will be needed.

Attorney Kiefer stated she will coordinate with City Attorney Salzman to
determine how much of the 90-day transition period will be needed.

By consensus the City Commission amended Resolution No. 2008-19 as
follows:

• Section 2. The effective end date of termination the transition
period shall be no later than May 12, 2008, as negotiated by the
City Attorney.

• New Section 3. Pursuant to Section 4 of the Contract for
Professional Services, City Attorney Salzman shall relinquish his
role as the City Attorney to the incumbent City Attorney on
February 26, 2008, to implement a smooth transition of legal
representation for the City.

Ed Piniero, 1900 2nd Street, stated that the amended language is an
excellent suggestion and stated that everyone is interested in the overlapping
cost, but this is a cost that is well worth it to have a smooth transition between
the attorneys.

R. Victor Wood, 510 North Harbor North, stated he believes that Attorney
Kiefer and City Attorney Salzman can get together and get everything
accomplished by April versus May.

Motion made by Commissioner Coppen, seconded by Commissioner
Wollin to approve Resolution No. 2008-19, terminating Andrew J.
Salzman of the firm of Zimmet, Unice, Salzman & Heyman, P.A., as City
Attorney; providing for a 90-day notice, as amended.

Assistant City Attorney Lokenauth clarified that City Attorney Salzman is quite
flexible and is willing to work with whatever the City Commission decides.

Mayor-Commissioner Ockunzzi stated the City Commission has selected a very
fine attorney to replace City Attorney Salzman. He stated that City Attorney
Salzman served the City for fifteen plus years and he personally feels that City
Attorney Salzman overall has done a good job providing legal services to the
City. He stated that he is supporting the Resolution because he feels the City
Commission needs to have some unanimity of support for the City Attorney and
stated that the City Commission has not had that in a while.


Motion carried unanimously.

2. RESOLUTION NO. 2008-20. Considering the appointment of a City
Attorney; providing for contract negotiations.

BACKGROUND: On January 9, 2008, sealed Request for Qualifications for
Legal Services were received and opened.

On January 22, 2008, the City Commission reviewed the ten submitted Request
for Qualifications and selected four attorneys for interview; and

On February 7, 2008, the City Commission interviewed four attorneys for the
position of City Attorney.

Charter Section 6.4, City Attorney, states: The City Attorney shall be an
attorney-at-law duly licensed to practice law in the State of Florida with at least
three years of legal experience and at least two years experience in municipal
governmental law.

FISCAL IMPACT: Within the FY2008 Operating Budget, funds in the amount
of $72,000 have been appropriated in the City Attorney’s Budget, Budget
Account No. 001-514-000-031, for legal services.

Assistant City Attorney Lokenauth read Resolution No. 2008-20 by title only.

Interim City Manager Taylor presented the Agenda Memorandum and stated
that the Resolution appoints Maura J. Kiefer as City Attorney, identifies Edwin
Peck as Assistant City Attorney, and directs the City Manager’s office to
negotiate a contract with Attorney Kiefer.

Interim City Manager Taylor thereafter reviewed the draft Contract for
Professional Services as follows:

• Term of Contract: One Year.
• Monthly Retainer Fee: $3,100, which includes the following
services:
• Advising the City Commission and staff.
• Attending all City Commission Meetings and Work Sessions
per calendar month.
• Reviewing contracts.
• Drafting ordinances and other similar matters.
• $110 per hour for court appearances and review, analysis, and
preparation of matters in suit, including administrative and
arbitration proceedings.
• Other services not included in the retainer will be $110 per hour.
Commissioner Valery inquired why Edwin Peck is being named as the Assistant
City Attorney.

Attorney Kiefer explained that during the interview process, the City
Commission inquired who her backup would be and stressed the importance of
her attendance at all City Commission Meetings. She explained that Attorney
Edwin Peck would be her backup and would be attending the first Tuesday
meeting of each month due to her prior commitment to the City of Treasure
Island.

Attorney Kiefer stated she would recommend that the Resolution not name an
Assistant City Attorney, as that would require a separate contract and
compensation by the City.

Mayor-Commissioner Ockunzzi recommended that a clause be added to the
Contract clarifying that Attorney Kiefer is responsible for compensation to
Attorney Peck.

Attorney Kiefer stated it was her understanding that the term of the Contract
is at the pleasure of the City Commission, which is indefinitely, and not for one
year.
Interim City Manager Taylor stated that during the interview process, it was
discussed that the City Attorney would attend meetings of the Board of
Adjustments and Appeals, the Planning and Zoning Board/Local Planning
Agency as necessary, and all quasi judicial public hearings, and recommended
that this needs to be included in the Contract.

Consensus to amend Resolution No. 2008-20 as follows:

• Section 2. Edwin Peck is hereby appointed as the Assistant City
Attorney for the City of Indian Rocks Beach.

• Section 4. The effective date of employment shall be May 13,
2008 February 26, 2008.

Motion made by Commissioner Coppen, seconded by Commissioner
Wollin to approve Resolution No. 2008-20, appointing Maura J. Kiefer
as City Attorney and providing for contract negotiations.

ROLL CALL VOTE:

Valery - Yes.
Coppen - Yes.
Wollin - Yes.
Johnson - Yes.
Ockunzzi - Yes.

Motion carried unanimously.

3. ADJOURNMENT.

Motion made by Vice Mayor-Commissioner Johnson, seconded by
Commissioner Coppen to adjourn the meeting at 6:55 P.M.
Unanimously approved by acclamation.

February 26, 2008

Date Approved           William A. Ockunzzi, Mayor-Commissioner


Attest:          Deanne Bulino O’Reilly, MMC, City Clerk

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