HomeMy WebLinkAboutMinutes 03-05-1992 Special CITY COUNCIL
SPECIAL MEETING
MARCH 5, 1992
A Special Meeting of the Cape Canaveral City Council was held on
March 5, 1992 , at the City Hall Annex, 111 Polk Avenue, Cape
Canaveral, Florida. The meeting was called to order at 7 : 00 P.M.
by Mayor Joy Salamone. Pledge of allegiance was led by Mayor
Salamone.
The roll was called by the Deputy City Clerk. Officials present
were Mayor Joy Salamone; Mayor Pro Tem, John Porter; Council
Members Andy Kedzierski, Rocky Randels and Ann Thurm. Also present
were Acting City Attorney, Harry Greenfield; City Manager, Edward
Spenik; and Deputy City Clerk, Evelyn Hutcherson.
NEW BUSINESS
1. Personal Appearance by Ken Detwiler, Cape Sierra, Inc. :
Request for Bungee Jumping Permit
Mayor Salamone outlined the information contained in the
Building Officials memorandum noting this request was a
permitted activity under Section 637 . 47 (H) of the Cape
Canaveral Zoning Ordinance. Discussion followed. It was the
consensus of opinion that the bungee jump should be located on
the back lot. Mayor Salamone moved to approve the request for
a temporary permit for the bungee jump through Labor Day. Mr.
Porter seconded motion. Discussion followed. Mr. Porter
moved to amend the motion subject to approval of the hold
harmless agreement and insurance coverage by the City
Attorney. Mr. Kedzierski seconded amendment. Vote on the
amendment was unanimous. Vote on the motion was unanimous.
2 . City Attorney Negotiation and Acceptance of Contract
Mayor Salamone noted that the firm Reinman, Harrell, Mitchell
& Wattwood had been selected as City Attorney. Mr. John
Kancilia introduced Kevin Markey as his assistant. He noted
that they would both be in attendance at their scheduled
meetings at first to familiarize themselves with the City.
The terms of the current contract was discussed. Mr. Kancilia
stated that their firm agreed to accept the terms of the
current contract as it was written subject to certain
interpretations until the end of the fiscal year. He
explained their concern with the fixed retainer. He noted
that it had been their experience that either the City would
over pay for the amount of services covered by those items
under the retainer or the attorney would be under-compensated.
He noted that their firm was willing to accept the retainer as
a trial and will keep track of their time to make a
presentation to Council to determine if the fixed retainer was
a fair amount to both parties. He noted that the firm was
comfortable with the hourly rate of $75 . 00 per hour. He noted
that the City would be charged for long distance telephone
calls and federal express. If paralegal services are
required, the hourly fee would be at a reduced rate.
The hourly fee was discussed. Mr. Kancilia stated that the
hourly fee would not be portal to portal for meetings at the
City. He explained the firms billing procedure. Mayor
Salamone expressed concern over additional charges which may
be incurred and requested that the City be advised before any
additional charges are imposed.
City Council
Special Meeting
March 5, 1992
Page 1 of 2 Pages
The cost of transfer from the Amari, Theriac firm to the
Reinman, Harrell firm was discussed. Mr. Kedzierski stated
that there were five or six outstanding cases and that Mr.
Woodman had prepared all of the case files for easy
transition. Mr. Kancilia stated that if that be the case
there would be no charge for the transition.
Mr. Kancilia questioned the need of the hold harmless clause.
Discussion followed. Attorney Greenfield agreed with Mr.
Kancilia that it did not benefit the City and that he saw no
problem with removing it.
Mrs. Thurm moved for Resolution 92-08 . Mr. Porter seconded
motion. Vote on the motion was unanimous.
There being no further business, the meeting was adjourned at 8 : 00
P.M.
Approved this f/ day
of �� �/L 1992 .
o ' ,
May"
Deputy ity Clerk
City Council
Special Meeting
March 5, 1992
Page 2 of 2 Pages