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 at the appropriate time. Mayor Edelcup agreed and said any way that we can make it as fair as possible and that is a fair approach. Commissioner Scholl said he thinks we are creating a process that is ripe for issues, first of all in the real world you use LOIs all the time, even in a competitive process, the idea we are getting this extra layer of protection, you go to contract because it is a property purchase now, the business terms are pretty simple, if the contract mirrors the business terms of the LOI then you are done, and you are not negotiating two contracts, what happens next Wednesday, we get an anonymous letter from them that says we up it by half a million dollars. Commissioner Aelion said he understands Commissioner Scholl's concerns, it is advisable to have a purchase agreement because if we only base ourselves on the LOIs you are going to open it to possible change and interpretation, but when it is signed by the principle as an agreement then there is no way out of it legally, and so that makes it binding. Mayor Edelcup said that is the reason we pushed it to November 9 instead of next week, and so let's go with that. City Attorney Ottinot said we will need a motion to withdraw the item, and to instruct staff pursuant to the previous comments with respect to the final submittal ofthe revised Letter of Intent, and to draft the Purchase Agreement for preparation for the Commission Meeting on November 9, 2011. The Letters oflntent must be submitted by 5:00 p.m. on Wednesday, October 26, 2011, and those Letters oflntent, as the City Manager suggested, if the parties want to be present in the City Clerk's office, she will open the LOIs in the presence of both parties. Vice Mayor Thaler moved and Commissioner Aelion seconded a motion to withdraw this item. The motion was approved by a voice vote of 5-0 in favor. 101. A Resolution ofthe City Commission of the City of Sunny Isles Beach, Florida, Approving the Payment of Outstanding Invoices to Calvin Giordano and Associates, Inc. for Professional Services, in an Amount of$60,416.24 in Fiscal Year 2010/2011, and Authorize for Payments Up to $13,557.76 in Fiscal Year 2011/2012; Authorizing the City Manager to Do All Things Necessary to Effectuate the Terms of this Resolution; Providing for an Effective Date. Action: City Clerk Hines read the title, and Public Works Director Gio Batista reported that during the year staff received and discussed said invoices and services. Staff is presenting a request to approve the invoices and an extension of services for $60,416.24 for previous invoices, and $13,557.76 for services that have not been rendered but are envisioned to be necessary. City Manager Cohen said based on our discussion at the Workshop, it was clear that there was high displeasure over this but we still felt compelled to at least bring it forward to the Commission for your attention and possible action whether it be now or at some time in the future. Neither he or Mr. Batista were involved for the authorization for the vast majority ofthese items, there is a small carve-out for some ongoing permitting work that was done and there are a number of suggestions that we can talk about on how to move forward. Public Speakers: None Mayor Edelcup said his thoughts on this right now is sheer amazement that we would be receiving bills for prior periods oftime but had never gotten Commission approval ahead of time. Our Charter and Rules of Procedure require pre-approval from the Commission on all 19