HomeMy WebLinkAboutSubmittal-William Douglas Muir-Letter to CommissionersWilliam Douglas Muir
3855 Stewart Avenue
Miami, FL 33133
305.667.1767
VIA E-MAIL
Hon. Keon Hardemon, Chairman
Hon. Ken Russell, Vice Chairman
Hon. Manolo Reyes
Hon. Wilfredo "Willy" Gort
Hon. Joe Carollo
Commissioners, City of Miami Commission,
Victoria Mendez, Esq.,
City of Miami Attorney
3500 Pan American Drive
Miami, FL 33133
:,,thmitted into the 1 blic r
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July 11, 2018
Dear Commissioners and City Attorney:
I am writing not as an attorney, but as a concerned resident of the City of
Miami regarding the resolution and proposed ballot language in the resolution on
tomorrow's agenda related to the Miami Freedom Park proposal. Quoting from the
resolution: Section 29-B of the Charter is proposed to be amended in the following
particulars:
() waive competitive bidding to execute a Lease and Master Development
Agreement with Miami Freedom Park. LLC, for a total Lease term of ninety-nine
(99) years, with a minimum annual hi rent pavabie to the City of Miami equal
to or exceeding the greater of three million five hundred seventy-seven
thousand three hundred sixty-five dollars (93,577,365.QQ) or fair market value as
determined by two state -certified appraisers, for the development of a soccer
stadium, public park, technology hub, art and entertainment spaces, food and
beverage venues. and a hotel and conference center with ancillary commercial
uses. with any restrictions, reversions, and retention by the City of all other
ngbts. such Lease and Master Development Agreement requiring City
Commission approval.
The resolution proposes asking the City of Miami voter to approve the City's
entering negotiations regarding City -owned land without meeting the competitive
bidding requirement of the City Charter. The City's negotiating on the condition that
it will not entertain competitive bids weakens the City's negotiating position and
increases the likelihood that the City and its residents will be shortchanged. Fair
market value cannot be determined accurately without competitive bidding. The
consideration of competing bids is the City's best leverage in any negotiation that
would seek to return to the City fair market value for a sale or lease of its property.
The proposed ballot language fails to state that a yes vote would waive the
Charter's competitive bidding requirement, or that any negotiation would be subject
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to ratification by 4/5 City Commissioners. This omission is confusing and likely to
mislead voters if the proposed ballot language is adopted.
Section 6. The official ballot to be used at said Referendum Special Election shag be in full
compliance with the laws of the State wth respect to vote -by -matt ballots and to the use of the
mechanical voting machines or the Computer Election System and shall be in substantially the
following form:
'Official Bailor
Referendum Special Election
Tuesday. November 6. 2018
for Approval or Chsapproval of the following question:
Proposed Charter Amendment for the Lease
and development of a soccer stadium and commercial complex.
Shall Miami's Charter be amended to
authorize the City to execute a lease with
Miami Freedom Park. LLC for the
development of approximately 73 acres at
1400 Northwest 37 Avenue, for a total 99
year term. including
• Soccer stadium, 500 total hotel rooms with
conference center. retail and commercial
technology complexes:
• $20.000.000 tenant contribution paid over 30
years to develop a 58 acre public park with
amenities: and
• 53,577,365.00 annually?
Yes
No
If the voters are being asked to decide this question, they should understand
what it is they are being asked to approve including the waiver of competitive bidding
required by the City Charter for sale or lease of public land and that any deal will
also be contingent on the approval of 4/5 City Commissioners.
The proposed ballot language is so vague and ambiguous that it invites a legal
challenge that could be costly to the City and its residents. This defect in the proposed
ballot language can be cured by outright rejection of the resolution, or by the
Commission tomorrow at no cost to the City or its residents, by specifying that the
amendment to the charter would waive competitive bidding and that any contract
negotiated would be subject to approval by 4/5 of City Commission. Should the
Commission decide to send this issue to a vote, a vote by the Commission to amend
the proposed ballot language would allow the public to make an informed decision,
and decrease the likelihood of a legal challenge.
Very Truly Yours,
BY: S/William Douglas Muir
William Douglas Muir, Esq.
3855 Stewart Ave. I Miami, FL 33133
305-667-1767 I Douglas@MuirLaw.Miami