HomeMy Public PortalAbout2013-05-06 Special MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
SPECIAL MEETING - MAY 6, 2013
A Special Meeting of the Bal Harbour Village Council was held on Monday, May 6, 2013, at
the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida).
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:01
p.m. by Mayor Rosenfield. The following were present:
Others Present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Councilman Jaime M. Sanz
Jay R. Smith, Interim Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Rosenfield.
3. DISCUSSION OF VILLAGE MANAGER SELECTION PROCESS:
Mayor Rosenfield explained the purpose of the meeting to gain consensus from the
Council on how to proceed with the Village Manager selection process.
Councilman Packer discussed options in the letter received from Mr. Stierheim, dated May
5, 2013. He suggested a meet and greet for the top four people, followed by a Council
meeting a couple of days later to make a decision.
Mayor Rosenfield opened to meeting for public input.
Dina Cellini - 211 Bal Cross Drive, requested information on the letter. Ms. Cellini was
provided with a copy of Mr. Stierheim's letter.
Brian Mulheren - 10245 Collins Avenue, requested that the process be started over,
since enough resumes were received. He wasn't happy with Mr. Stierheim's search and he
thought that a more thorough background search on the candidates and a meet and greet
with the public were needed. He spoke against the process being rushed, since the Interim
Manager was working well. He suggested that another firm be hired, for the search.
Dina Cellini - 211 Bal Cross Drive, recommended option two on Mr. Stierheim's letter, but
spoke against Mr. Alexander being considered, due to his negotiation with the City of South
Miami at the same time. She felt that Mr. Alexander had refused the Village's offer, by
offering a contract with South Miami. She suggested that the other top five candidates be
brought in for the meet and greet.
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Mr. Weiss clarified that the Village's negotiations with Mr. Alexander hadn't been
completed, since the Council needed to address some questions. He explained that the
Council had the ability to exclude Mr. Alexander, but clarified that Mr. Alexander had never
refused a contract with the Village, since one was not fully offered.
Councilwoman Cohen questioned if it was ethical for Mr. Alexander to negotiate a contract
with South Miami, at the same time as the Village. Mr. Weiss didn't see anything wrong
with Mr. Alexander negotiating with both municipalities. Assistant Mayor Blachar reported
that South Miami had been negotiating with Mr. Alexander for some time, which she didn't
have a problem with, but she didn't know if Mr. Alexander was the right person for the
Village. Councilwoman Cohen agreed that it was fair for someone to apply for more than
one job.
Lynne Bloch Mullen -10150 Collins Avenue, didn't think that the display on television of
Mr. Alexander was good and showed that he was looking out for himself. She spoke in
favor of taking the time to find the right man for the position.
Anamarie Kelly Stoppa - 77 Camden Drive, didn't fault Mr. Alexander for applying for
more than one job, but faulted him for not providing full disclosure regarding it. She didn't
think that Mr. Stierheim did the best job, to his ability. She didn't think that it was necessary
to have a meet and greet, since it was the Council's responsibility to select the Manager.
She spoke in favor of eliminating Mr. Alexander, from the top candidate list.
Neil Alter- 9801 Collins Avenue, voiced surprise that more resumes weren't received. He
discussed the items that Mr. Alexander had requested in his contract, with South Miami. He
suggested that the Village televise its meetings. Mr. Alter spoke against haste, since the
Council had voiced their confidence with Mr. Smith as Interim Manager.
Mayor Rosenfield explained that the Council had requested that Mr. Stierheim look at those
applicants, with knowledge of Florida and Florida statutes.
Mayor Rosenfield suggested that the Council take a hiatus from the search and for Mr.
Smith to continue as Interim Manager, at an increased salary. She explained that would
allow time to review the process and for the Council to decide on how to proceed, to make
the final decision. She agreed that Mr. Alexander hadn't done anything wrong by
negotiating with South Miami.
Councilwoman Cohen spoke against a hiatus and suggested taking the next step forward.
She spoke in favor of Mr. Smith continuing, but felt that the Village needed to accomplish
the task of finding a manager.
Assistant Mayor Blachar suggested that the search be opened up again, in lieu of a hiatus.
She agreed that Mr. Smith had done a great job, but pointed out that he was in the DROP
and was anticipated to retire in November 2014. She clarified that if the Council wasn't
satisfied with the current results, then the search should be started again.
Anamarie Kelly Stoppa - 77 Camden Drive, spoke in favor of stepping back, but moving
forward, without a hiatus. She questioned who would hire the Police Chief, etc.
Councilman Sanz suggested that more applicants be interviewed, but clarified that he was
not saying that the current top candidates would not still be considered. He requested that
the background checks be done on the applicants, prior to their interviews with the Council.
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He requested more meetings, for the Council to discuss the issue.
Assistant Mayor Blachar suggested that the Council's second choice be considered, since
everyone was not in favor of hiring Mr. Alexander. Councilman Packer felt that there had
been too much controversy regarding the search and the process. He spoke in favor of the
Council re -opening the process.
Merrett Stierheim, Village Consultant— Cannon Stierheim Productivity Management
Teamwork, discussed the memos provided to the Council, during the search process. He
clarified that the original Council direction was not to advertise nationally and to find
someone with experience in Florida as a manager and other criteria. He reported that 55
applications were received, in response to the ads placed (with the Florida City and County
Manager Association, the League of Cities, the Miami -Dade County Managers Association,
and the Broward County Managers Association) and seven to eight applicants from the
Town of Surfside short list. He noted that the applicants from around the Country were not
considered, if they didn't have knowledge about Florida. He agreed that it was logical to
have someone who was knowledgeable about Florida.
Penny Sepler -10275 Collins Avenue, spoke in favor of a nationwide search.
Councilwoman Cohen requested input from Village resident Darcee Siegel, since she was
in city government.
Darcee Siegel - 169 Camden Drive, spoke in favor of hiring someone from the South
Florida area. She explained the importance of the relationship that was made within the
local government network and that affect on the ability to get things done. She noted that
the City of North Miami Beach had hired outside of South Florida and it didn't work.
Mayor Rosenfield reported that Darcee Siegel is the Attorney for the City of North Miami
Beach.
Brian Mulheren — 10245 Collins Avenue, discussed the accomplishments of Bay
Harbor's Manager, who was from New York, but knew government. He noted that the
Village needed someone from the outside, who was not involved in Florida politics. He
spoke in favor of a national search. He pointed out that Mr. Alexander had been terminated
from Cutler Bay.
Mr. Stierheim discussed Mr. Alexander's professionalism. Mayor Rosenfield explained that
it was a mutual agreement for Mr. Alexander to part ways with Cutler Bay. Mr. Weiss
clarified that Mr. Alexander had a contract with Cutler Bay and, in order for him to receive
his severance, it was agreed that he would be "terminated," but it was part of a friendly
separation and was a negotiated transaction.
Michael Krop - 9601 Collins Avenue, spoke in favor of a national search. He didn't think
that Florida experience was needed. He spoke against any of the applicants negotiating for
another job, at the same time they applied to the Village.
Steve Greenberg - 9800 Collins Avenue, questioned if Mr. Stierheim would conduct the
national search, under his current contract. If not, he suggested that another company be
hired to do the job. He noted that there was no need to rush, since Mr. Smith would be with
the Village, until November 2014.
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Assistant Mayor Blachar discussed Mr. Stierheim's work on the search. She reported that
after the Council voted, she had received a lot of phone calls from local people, regarding
the Council's top selection. She clarified that based on the things that had been heard, the
Council had thought that it might want to change its direction. Assistant Mayor Blachar
pointed out that the Council would not be privy to that feedback with a national search, until
after that person was at the Village. She discussed Mrs. Siegel's opinion. She spoke in
favor of hiring someone locally and maybe doing the search again.
Mayor Rosenfield agreed with Assistant Mayor Blachar and spoke in favor of a local
(Florida) person.
Councilman Packer spoke against a local Florida person, due to politics, and spoke in favor
of a national search and someone with experience. He agreed that Mr. Smith was doing a
fantastic job and the Council didn't need to rush. He didn't know if Mr. Stierheim would be
willing to open up the search, under his current contract.
Councilwoman Cohen clarified that she, Councilman Packer, and Councilman Sanz would
like to expand the search nationally. She suggested seeing if Mr. Stierheim would do the
search, under his existing contract, or maybe hiring another firm. She suggested a
community meeting, after the search was narrowed down.
Councilman Packer questioned Mr. Stierheim if he would continue the search.
Mr. Stierheim noted that he had a professional obligation to the community, but pointed out
that among the 55 applicants received, there were several from around the Country. He
explained that he didn't include some qualified people, since they didn't have the Florida
experience criteria. He noted that those applicants could be looked at again. Mr. Stierheim
discussed the memos that were sent to the Council regarding the process. He pointed out
that a national search would entail receiving 900 resumes and would be a tremendous
undertaking. He recommended that the qualified applicants that had already been
submitted, without Florida experience, be looked at next, before a national search was
done.
Councilwoman Cohen suggested that the resumes should have been provided to the
public. Assistant Mayor Blachar noted that the issue with the resumes was that some of the
applicants didn't want their employers to know that they were looking. Mr. Stierheim agreed
that was a problem. He noted that once a short list was produced then those applicants
would know their resume would be public record. Mr. Weiss clarified that the resumes
would be public record, once the applicant applied for the job.
Assistant Mayor Blachar discussed how lucky the Village had been to have Alfred
Treppeda.
Doug Rudolph - 212 Bal Bay Drive, spoke in favor of the Council deciding on how the
process should proceed and for Mr. Smith to continue as Interim Manager, in the
meantime.
Lori Mobley, Village Code Enforcement Officer, commended Mr. Smith, Mrs. Horvath,
Mrs. Greenblatt, and Mr. Treppeda. She spoke in favor of Mr. Smith continuing as
Manager. She discussed the need for the employees to heal also. She spoke in favor of
hiring the right person for the job.
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Councilwoman Cohen commended Ms. Mobley for attending the meeting on her own time
and thanked her for her comments.
Ralph Herz -10185 Collins Avenue, requested that the citizens be kept involved in the
process, before a decision was made, such as a public meet and greet.
Dina Cellini — 211 Bal Cross Drive, noted that the residents didn't know about the
direction to restrict the search to Florida applicants. She pointed out that the search
contract was a set fee, whether it was a national or local search. She didn't see that it
would be more, for the Council to expand it now to a national search. She spoke in favor of
a national search. Ms. Cellini requested that the residents be kept more updated and
informed. She spoke in favor of placing the short list and resumes on the web site, etc. She
discussed her dismay in the lack of public participation at the April meeting. The Council
discussed the April 16th meeting and Mr. Stierheim's letter and recommendation.
Councilwoman Cohen pointed out that the Council did not consider the second option, in
the letter, for a meet and greet. Mayor Rosenfield clarified that any Councilmember had the
ability to make a motion approving the second option. She noted that Mr. Stierheim had
recommended that the Council approve the first option.
Councilman Sanz requested that all of the resumes be available to the public. He spoke in
favor of a national search and a more extensive background search.
A motion was offered by Councilman Sanz to conduct a national search and for the Council and
residents to be able to see all of the resumes. The motion died, due to the lack of a second.
Mr. Weiss questioned if the Council wanted to re -advertise or review the existing 55
applications.
Councilman Packer questioned if Mr. Stierheim wanted to continue with the contract.
Mr. Stierheim clarified that he had fulfilled his obligation, but would proceed. He
recommended that the 55 existing applicants be reviewed again, as well as some of the
candidates on the short list. He suggested that he select the top 10 and give those to the
Council, to decide if there were enough candidates and if the Council wanted to interview
any of them.
The Council discussed the process.
Mr. Smith reported that the Town of Surfside had narrowed down their resumes from 800
to 100, which they sent applications to.
Assistant Mayor Blachar thought it would be crazy to open it up to 800 resumes. She spoke
in favor of reviewing the 55 applications that the Village already had.
A motion was offered by Assistant Mavor Blachar and seconded by Mayor Rosenfield not to re-
advertise.
Brian Mulheren — 10245 Collins Avenue, spoke in favor of a national search, either
through Mr. Stierheim or another firm.
Assistant Mavor Blachar withdrew her motion. Mavor Rosenfield withdrew her second.
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Assistant Mayor Blachar spoke in favor of David Hebert, who was selected as the Council's
second choice and was local. The Council did not speak in favor of doing so.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to re -
advertise for a national search.
Anamarie Kelly Stoppa — 77 Camden Drive, spoke in favor of listening to Mr. Stierheim
and questioned if he advertised nationally. Mr. Stierheim advised that he didn't, but the ad
was picked up nationally by one firm. Ms. Stoppa thought there was a great start, with the
55 existing candidates from around the Country.
The motion carried (5-0).
After public input, Mr. Weiss suggested the following schedule:
1.) Provide the proposed ad (note in the ad that all resumes received are public record)
in the May Council Agenda, for approval;
2.) Mr. Stierheim will accept the resumes for 45 days after publication of the ad;
3.) Provide all resumes to the Council andmake available to the public;
4.) Mr. Stierheim will narrow the list down to at least 15 candidates;
5.) Discuss the 15 top candidates at a Council Meeting and allow the Council and
public to add names to that top candidate list. Narrow down the top candidate list to
the top six, with public participation;
6.) Bring in the top six candidates for interviews with the Council, a public meet and
greet, and a Council meeting; and
7.) Select the Village Manager.
Mr. Stierheim noted that he had fulfilled his professional obligation. He discussed the
additional work involved with the expanded search. He noted that there were 12 to 15
qualified candidates, in the 55 existing applicants.
The Council discussed the process running into the summer.
Brian Mulheren — 10245 Collins Avenue, requested that the final process be in
September/October.
Penny Sepler — 10275 Collins Avenue, spoke in favor of proceeding, whether it was
during the summer or not.
Joe lmbesi —175 Camden Drive, did not provide any comment.
Anamarie Kelly Stoppa — 77 Camden Drive, spoke in favor of moving forward, since the
Village operated year round.
Judy Cannon, Village Consultant - Cannon Stierheim Productivity Management
Teamwork, requested that the Council review and provide any changes to the basic
Village Manager requirements, as outlined in the February 8, 2013 memo (document
submitted to the Village Clerk). Mr. Weiss reported that will be discussed at the May
Regular Council Meeting.
It was the consensus of the Council to have the following process for the top six candidates:
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Council interviews on Sunday/Monday, Meet and Greet on Monday night or Tuesday afternoon
before the Council meeting, and a Council meeting Tuesday night. The selection ofthe Manager
would be at the Council meeting, after public discussion and input.
A proposed schedule will be presented at the May meeting.
Assistant Mayor Blachar requested that a letter be sent out to residents, regarding the
process, once the dates were established.
Merrett Stierheim, Village Consultant - Cannon Stierheim Productivity Management
Teamwork, discussed the amount of work that would be required, due to the additional
search. He requested that the Council think about that and it be discussed.
Dina Cellini - 211 Bal Cross Drive, spoke in favor of additional money for Mr. Stierheim,
for the additional work. She noted that if Mr. Stierheim wasn't told to limit it to a Florida
search the first time, then he wouldn't have done so. She didn't think that the profile
needed to be changed. She also had no problem with Mr. Stierheim's selection of the top
candidates and had faith in his ability. She had a problem that the search wasn't broad
enough and the lack of public participation, after the finalists were determined.
Mr. Smith will provide an addendum to the Cannon Stierheim Productivity Management
Teamwork contract, at the May meeting.
DISCUSSION OF SALARY INCREASE FOR INTERIM VILLAGE
MANAGER: Per direction of the Village Council, Mr. Weiss will provide a suggested
salary increase for Mr. Smith, retroactive to January 2013, at the May meeting.
REQUEST TO CHANGE MAY REGULAR COUNCIL MEETING
DATE: Mr. Smith requested that the regular May Council Meeting date be changed to May
288t .
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to move
the May Regular Council Meeting' from May 21 S , to May 28th, at 7:00 p.m. The motion carried (5211
-
4. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Assistant Mayor Blachar to adjourn the meeting. The
motion carried (5-0) and the meeting was adjourned at 9:18 p.m.
Attest:
Ellisa L. Horvath, MMC, ill
Bal Harbour Village Special Council Meeting Minutes 05/06/2013