2005 0512 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting May 12,2005 City of Sunny Isles Beach, Florida · Attorney: Daniel Abbott, Esq. · Resident: George "Bud" Scholl · Resident: Harvey Friedman Action: [City Clerk's Note: Taken out of order after Item 10E] Mayor Edelcup said he wanted to update the Commission before voting on this item. He said he received a phone call yesterday and met with Hans Ottinot, our former Deputy City Attorney, who had already resigned from Sunny Isles Beach to take the position of City Attorney of North Miami, and because oftheir recent election for Mayor, Mr. Ottinot is no longer interested in taking that position, and has expressed a desire to be considered or hired by Sunny Isles Beach as its City Attorney. He said the Commission has an alternative if they so desire, to impanel the group to select for someone to be City Attorney or the alternative to hire Hans Ottinot as City Attorney. Vice Mayor Thaler asked if we have any problems to put a motion out ifthe Commission would like Mr. Ottinot, and City Attorney Dannheisser said that they have printed out an RFP but have not acted on it. City Manager Russo said that the Commission should discuss this individually within the Sunshine Law because he felt there would be a potential for some big problems and it needs to be discussed individually with the Commissioners as a proper way to do it. Commissioner Brezin said she would like to have the discussion now, and have the input and the feelings of the Commission. She said that she is thrilled that Hans Ottinot who was an excellent attorney, is willing to come back to our City, that he has been very helpful to her, and experience says a lot. Vice Mayor Thaler agreed with Commissioner Brezin, and that Mr. Ottinot was unhappy that he didn't have the opportunity to take the job because he had already made a commitment. City Manager Russo said that the issue was going through a professional process on such a high level position, it is the Commission's decision, and that the issue he has is what the most urgent expertise and needs of the City are. Commissioner Goodman said that Mr. Ottinot has been here for five years and we should seriously consider him. Commissioner Iglesias said that he doesn't think we will find anybody better then Hans, however, he thinks Hans should be given the opportunity to interview, because there may be a superstar out there and should give them a chance to interview. Commissioner Brezin said that Hans has proven that he can do the job and do it effectively, and we should promote within our own ranks if someone is equal to it. Mayor Edelcup said that Mr. Ottinot has proposed that he would be available to us in 30- days at an annual salary of$168,000.00, with regular benefits that normal employees get, no housing allowance but a $5,000.00 car allowance, he would expect to get the same retirement benefit as our present City Attorney of 12% retirement system; he would agree that in his first year of his contract that if we were unhappy, that the severance would be for 8-months, and after the first year, the severance would revert to the normal 12-months ifhe were to be terminated; he is presently under a contract, he would give notice tomorrow, and be prepared to enter into negotiations with Mayor Edelcup representing the Commission, and prepare a contract and have it ready for signature by next week. Commissioner Goodman asked City Attorney Dannheisser if they were legally within their right to do this and she said that the Commission is lawfully within their right to do this. Vice Mayor Thaler moved and Commissioner Brezin seconded a motion to give Mayor ] ]