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Staying Power
By Bari Auerbach
Hans Ottinot staying on as City Attorney; City staying financially sound
The announcement that Hans Ottinot, former Sunny Isles Beach Deputy City Attorney, wanted to stay on as City Attorney came as good news to members of the City Commission concurring he is “the best man for the job.”
At the May 12 Commission meeting, Mayor Norman Edelcup explained that Ottinot, who had already taken the job of North Miami City Attorney, wanted to fill the Sunny Isles Beach City Attorney position being vacated by Lynn Dannheisser, who is moving on to become a shareholder in a private law firm.
“We [were originally intending] to create a panel to select the next City Attorney for the City of Sunny Isles Beach [but then] I received a phone call and met with Hans Ottinot, our former Deputy City Attorney, who had already resigned to take on the position of City Attorney in North Miami,” Edelcup said. “Because of the circumstances of their recent election for mayor [in North Miami] Mr. Ottinot is no longer as interested in taking that position as he was when he had left.
“[Ottinot] has expressed the desire to be considered or hired by Sunny Isles Beach as our City Attorney - so the Commission has a [choice] to either [go forward with the City Attorney selection] panel or in the alternative to hire Hans Ottinot as our City Attorney.”
“I’m thrilled that someone like Hans who is an excellent attorney is wiling to come back to our city,” said Commissioner Roslyn Brezin. “He was very helpful to me from day one…His experience certainly says a lot…and it would be an advantage to have someone who has been working with the city for [five] years.”
Vice Mayor Lewis Thaler agreed, stating, “I was sorry [Ottinot] had already taken the other job [in North Miami]. I know he was unhappy that he didn’t have the opportunity to take the job in Sunny Isles Beach because he had already made a commitment.”
Reiterating the Commission’s recourses, Edelcup stated, “The alternatives are you can give me the authority to negotiate and execute a contract to hire Hans - or say, ‘I want this panel to [consider others] for this position.’
“My opinion would be that we should seriously consider Hans,” said Commissioner Gerry Goodman.
Commissioner Danny Iglesias noted, “I don’t think we’re going to find anybody better than Hans; however, I think he should be given an opportunity to be interviewed [along with other possible candidates for the City Attorney position]. When we sit up here, we have the responsibility to make sure everyone is ‘given a shot.’ There may be some ‘superstar’ out there who has many years of development and city experience…As you know, we have the best City Manager who came from New York. I believe in an effort to give the best to this city, we should do interviews and include Hans.”
In response, Brezin said, “When you’re talking about the ‘superstar’ - as you go out there, you don’t know what you’re going to get until that person has actually served in [the position]. Here we have [Ottinot] who has worked with us over a number of years and he has proven he can do the job effectively… If there is an opening, we should promote [from] within our own ranks if someone is [qualified].”
Subsequently, Vice Mayor Thaler made a motion to hire Ottinot as City Attorney and Mayor Edlecup clarified, “The motion should be [the Commission is] giving me the power to negotiate and execute a contract with Hans [Ottinot]. I can tell you with specificity, Hans has proposed that he would be available to us in 30 days (from May 12); [and he can] probably make the June 9 [Commission] meeting.
“[He has agreed to] an annual salary of $168,000 with regular benefits employees get such as a $5,000 car allowance and the same twelve percent retirement system…[He has agreed] that in the first year of the contract that if we were unhappy, the severance would be for only eight months - and after the first year, the severance would revert to the normal twelve months if for any reason he was terminated.”
Following the Commission’s unanimous vote to proceed with plans to hire Ottinot as City Attorney, Edelcup addressed citizens who had been slated to serve on the selection panel. “We’re sorry if we inconvenienced any of the people who were asked to be on the panel…Hopefully, there will be another time and place for you to volunteer your services. I’m pleased for the city that we will at least have someone following through quickly and we won’t be without a permanent city attorney.”
North Miami ‘surprised’
According to a notice posted on the website of North Miami Councilman Scott Galvin, Ottinot’s resignation came as a “surprise.”
“Hans Ottinot, who officially began as city attorney only two weeks ago, resigned suddenly on Friday, May 13,” Galvin wrote. “Ottinot's resignation, made in a simple two-line letter, takes effect in one month, on June 13. He had been hired earlier this spring after a lengthy search to replace John Dellagloria (formerly North Miami City Attorney).
”I am disappointed that Mr. Ottinot has made this decision. He certainly had my support and I feel he would have made a fine North Miami attorney. I wish him well in his new endeavor, however. We will address how to fill the position at our next [North Miami] city council meeting on May 31.”
‘Wright’ choice
Recently hired Erica Wright is now serving as Sunny Isles Beach assistant City Attorney. Wright was formerly Assistant Attorney for the City of Miami. Born in Colorado Springs, she started with the City of Miami Attorney’s Office in 1999 and was assigned to the General Commercial Division handling contracts and other general business matters. Prior to becoming an Assistant City Attorney, she worked in private practice. A graduate of the University Miami School of Law, Wright is a member of the Dade County Bar Association, Young Lawyers Association and has served on the Board of Directors for the UM School of Law and Black Lawyers Association.
‘Fond farewell’
As Ottinot was preparing to stay in Sunny Isles Beach, City Attorney Lynn Dannheisser was on her way to becoming a shareholder in a prestigious private law firm. At the May 12 Commission meeting, she was honored for her years of dedicated service.
“We’re sad the city is losing a tremendous city attorney – and happy for [Lynn] that she’s going on to bigger and better things,” Mayor Edelcup said before presenting the following proclamation:
“Whereas in 1997, City Attorney Lynn Dannheisser was instrumental in helping incorporate Sunny Isles Beach from unincorporated Dade County; and was the city’s first employee as the City Attorney; and has served the citizens of Sunny Isles Beach for the past eight years. Through her legal expertise, the city has moved into a new maturity and is realizing a full stream of revenue. Residents are receiving full services; the city staff is fully headquartered in its new home (at Government Center); and our legal matters and processes are covered and running smoothly.
“She has accepted an opportunity to return to the private sector as a shareholder in a highly regarded law firm and she is now leaving the city. This community is grateful for her support and dedication to the City of Sunny Isles Beach throughout the years and will sorely miss her…We hereby proclaim Thursday, May 12 as ‘City Attorney Lynn Dannheisser Day’ in the city of Sunny Isles Beach.”
City staying in ‘excellent’ financial shape
Jerry Chiocca of City Auditors Rachlin, Cohen & Holtz presented the Audit Report for fiscal year 2003-2004 at the May 12 Commission meeting. “I have good news,” Chiocca said. “The City of Sunny Isles Beach is in excellent financial shape.
Discussing highlights of the Audit Report, Chiocca noted, “As of September 30, 2004, total assets were a little over $63.3 million; there were liabilities of $33.6 million; and net assets of just about a little under $30 million…of that, $4.5 million is invested in capital assets (streets, drainage, Government Center and other enhancements. We also have restricted funds of $14.1 million for capital projects and unrestricted net assets of a little over $9.7 million.
“[Looking at] the balance sheet for governmental funds, we have $26.2 million in total assets; liabilities of approximately $2 million; and fund balances of $24 million. A substantial part of that is designated for capital projects but there is $8.7 million undesignated that can be used for any lawful purpose of the city.
“The budgetary comparison schedule [shows] a balanced budget which fulfills the requirements of the state…There are total budgetary revenues of $15.2 million - and $15.7 million came in, so you had a positive variance of about $551,000. Total expenditures were budgeted for $13 million and we only spent $12 million so we had a positive variance of $935,000…Overall, we had a positive change of fund balance of approximately $1.487 million.
“The internal control of financial report says that we’ve noted no matters involving internal control finance reporting that we need to bring to your attention. In addition, the results of our tests disclose no instances of non-compliance. We feel confident of internal control structure in this city.
“During the course of our audit, the city was not in violation of any laws, rules, regulations, contract or provisions. The city did not make any illegal or improper expenditures. The city also had no deficiencies in the area of internal control regarding improper or inadequate accounting procedures or fail to promptly record transactions - and the city was not in a state of financial emergency as defined by the Florida statues.”
Taxes staying low – or lower?
Following a unanimous vote by the Commission to approve the Audit Report, Mayor Edelcup noted, “ The city’s fiscal health as we’ve seen is extremely good and we have an over $8 million surplus for a ‘rainy day,’ hurricane or any other catastrophes that could befall the city. [Speaking] with the City Manager, I asked him to look at this year’s budget to see of it’s feasible that we may be able to give some tax relief to citizens in the coming year given the fact that we are in very strong shape.
“There is a lot of new construction coming up…I know a lot of people have been burdened because of high [property] appraisals - and now there may be an opportunity to do some tax relief. We won’t know this until September, but the Commission will be working diligently with staff to see if this is at all possible.”
Staying informed
During the May 12 City Commission presentations and agenda items focused on included the following:
*Concerned Citizens of Northeast Dade made a $600 contribution to help two youths attend the city’s summer camp program
*The Commission approved the concept of placing a Sunny Isles Beach time capsule in Commission Chambers at Government Center slated to be opened in 20 years.
City Historian Richard C. Schulman explained, “On December. 17, 1998, the late Mayor David Samson appointed me as City Historian and photographer for the city of Sunny Isles Beach. Over the past seven years, it has been my pleasure to have captured, preserved and maintained the history of Sunny Isles Beach - which has been accomplished in the collection of written articles, photographs, video filming of special events, our local newspapers, magazines and important documents all representing the past and present history of our city.
“With this in mind, a decision was made by the present administration to share our past and present history with future generations through the placement of a 20 year time capsule. This capsule, which is stainless steel and 16 inches by 16 inches by 30 inches high, will be bolted on with special preservatives placed on the inside.
“It was decided not to bury the capsule into the earth or place it into poured concrete…We will enclose the stainless steel time capsule within the David Samson Chambers in a room behind the wall bearing the city seal. It will be opened on February 5, 2025.”
*The city will be celebrating it’s 8th anniversary with a festive party on Saturday, June 18 featuring a magnificent Zambelli fireworks display.
*Seniors of all denominations residing in Sunny Isles Beach are benefiting from Jewish Community Services programs offered at Saint Mary Magdalen Church. The program’s base of operations in the city will be changing in the summer due to the camp program…the new location has yet to be determined.
*At the May 12 Commission meeting, there was a discussion regarding preparations to welcome the Mayor of Netanya, Israel and her entourage for a visit to Sunny Isles Beach planned for the week of May 16. The official signing of the sister-city agreement between Sunny Isles Beach and Netanya, Israel was set to take place May 19.
The Commission also voted to expend an amount not to exceed $1,500 for the creation of a park bench with the Sunny Isles Beach and Netanya city seals. The bench will be given as a gift to Netanya, Israel.
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