2011-1020 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting October 20,2011 City of Sunny Isles Beach, Florida Aelion agreed and said it should be on November 9. Mayor Ede1cup said we can do it after the Ordinance regarding $10 Million Revenue Bonds. He said we can make it the Purchase documents and also the strong proviso that we heard from the City Attorney that we are released from any law suits. City Attorney Ottinot said it would be a Waiver of Release executed by both parties. Mr. Stamm asked if the Commission will be providing them with some ground rules like what needs to go in there, can we get the requirements so that we are all on the same page. Mayor Ede1cup said yes, and also the proviso that the Vice Mayor proposed was if we are expected to give anything back in the way ofTDRs, waiving of fees, or any concessions on the part of the City, that has to be defined, and the dollar amount assigned to it, so that we are sitting here on that day trying to make a decision with all the facts in front of us and not trying to find out at that particular meeting how to play all this. City Attorney Ottinot responded that the Commission has set the meeting for November 9, 2011, we will give you no later than next Wednesday, October 26,2011 at 5:00 p.m., your final revised Letter ofIntent, which he will use to prepare the draft Purchase Agreement, and that will be submitted to you by no later than Monday, October 31, 2011. Mayor Edelcup said we are not going to set the dollar amounts of any of the provisions, you have to give it your best shot. Mr. Stamm said he understood but the reality of it is, what he is trying to avoid, so that he and Mr. Schulman can properly prepare, is that he doesn't want the situation where he gives something to the City Attorney, Mr. Schulman makes a public records request, and he just knows where this is going. City Attorney Ottinot said the bottom line is, when we give a deadline, you cannot withdraw or modify your offer after submittal. Commissioner Scholl said lets just be clear about the ground rules, why don't you just tag it for Wednesday, October 26, 2011 at 5 :00 p.m., the folks hand you their documents and then the next day they can make a public records request ifthey want but they are not able to come back and modify that document, that is their best and final offer. You will then spend the following week, up until November 9, getting it into a draft contract. When we get it into a contract, if you are unhappy with the fact that we are not able to get a contract, that will weigh in on the ability of the other side to have a final deal with us. City Attorney Ottinot said that he needs the business terms in order to prepare the contract, their final best offer as Commissioner Scholl indicated. When they submit their business terms he can incorporate those business terms into a contract which will eventually be presented to the Commission for approval. There will be negotiations between us, both of them, and his goal is to use identical purchase documents. Mayor Ede1cup asked him to walk us through it, they submit to you their terms next Wednesday (October 26, 20 II), when will you turn around and deliver them their purchase documents. City Attorney Ottinot said to give him two days and he will turn around and provide them a draft. Mayor Ede1cup asked if they each get a courtesy of comments and any objections that they mayor may not have, and City Attorney Ottinot said yes. Commissioner Aelion said that he would make sure that the terms of the LOI are not amended, and City Attorney Ottinot said that they would agree that after final submittal, no modifications, this is it. Mayor Edelcup suggested that the Commission stay away from any negotiations or meetings with either of the two parties until the afternoon of November 9, 2012 in order to keep it as clean and as fair as possible. City Manager Cohen said if perhaps we should follow something akin to our bid process and have the two proposals delivered to the City Clerk and then the City Clerk would open them 18