2011-1004 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting October 4,20 I I Sunny Isles Beach, Florida A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Rescinding Resolution No. 2011-1750 Adopted on July 21, 2011, and Resolution No. 2011-1776 Adopted on September 15, 2011, Approving a Letter ofIntent Between the City of Sunny Isles Beach and The Weintraub Companies for the Purchase of 18080 Collins Avenue ("Alamo Property"); Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Commissioner Aelion moved and Vice Mayor Thaler seconded a motion to approve the resolution. Resolution No. 2011-1783 was adopted by a roll-call vote of 4-1 (Commissioner Scholl opposed) in favor. Vote: Commissioner Aelion ~ Commissioner Gatto ~ Commissioner Scholl no Vice Mayor Thaler ~ Mayor Edelcup yes Mayor Edelcup said that we need to have instruction from the Commission as to whether or not they want to proceed negotiating with the Dezer Letter of Intent and/or giving the opportunity to the Ocean Corporation Letter of Intent and put it up to what basically would turn out to be a contest of what is more favorable to the City. Commissioner Aelion said by allowing the reopening of negotiation with this present Letter of Intent, you should give another opportunity to another body the one that was just rescinded to come back and do a similar or equitable offer to be fair to the market. Commissioner Gatto said that they are two different approaches that need to be analyzed and to look at side by side. Commissioner Scholl said that is a fair statement by Commissioner Gatto but what he is saying is to say "we brought you down the trail one time come on back and this time we will act in good faith and we are not going to leave you at the altar if we put a no-shop clause in your Letter of Intent, again, personally he believes there is a certain way to do business and he does not like to do business this way. Mayor Edelcup said there is a extra fiduciary responsibility, when you are dealing for yourself it is one thing but when you are dealing for the City it is something else, it is sad we are in a situation like we are but at the same time we are duty-bound to have to look at what is best for the City current and long term. Mayor Edelcup said we are where we are and what we can do, if the Commission wants, is to defer any action on the Dezer Letter ofIntent until a future Commission date and we can set the date now or it can be on the next scheduled Commission meeting on October 20,2011. It was the consensus of the Commission to bring it to the October 20, 2011 meeting. Mayor Edelcup said between now and then, each Commissioner needs to read the Dezer Letter of Intent, get their comments to the City Manager/City Attorney so that they can start reviewing their comments ahead of time to get questions to them so that the Commission can hear the answers at the October 20, 2011 meeting and take it from there. Commissioner Scholl said that he thinks staff has to flush out the issues, and Mayor Edelcup said certainly we don't want to have an issue where there is a contingency on the City's part to do anything more than to close the deal and collect the cash and say goodbye to whatever problems may occur in the future with the developer developing that property, we cannot be under any further obligation and so that has to be there, and there has to be fixed dates in any Letter oflntent. He said it is up to Mr. Weintraub if he wants to partake in this ongoing saga or not, and he said he feels 10