At a special meeting April 3, 2025, the City of Sunny Isles Beach Commission deadlocked 2-2 on awarding Invitation to Bid No. 250101 to Waypoint Contracting to build out the city annex in the former Tony Roma’s space, leaving the contract without approval and eligible to return to the commission on April 17.

The vote came after staff described a near-doubling of the project estimate and a recommendation to proceed with Waypoint as the lowest responsible bidder. The city manager told the commission the original estimate compiled during last year’s budget cycle was roughly $2,000,000 and that a subsequent budget amendment approved last month increased the authorized construction amount to $3,700,000 with a small contingency. “You asked me, you tasked me with making the build building department more efficient and effective,” the city manager said in opening remarks, explaining why staff sought to move forward quickly.

Why it matters: the project ties together three financial and operational strands for the city. Staff said the city has already expended roughly $200,000 on planning and design and that delaying the build could further raise costs; the lease with Crema provides roughly $168,000 in yearly revenue that the city could lose if the project stalls; and the library’s lease on the first floor may be due soon, a fact some commissioners said they did not know when earlier votes on related items were taken.

Background and staff case

Staff described a multi-step process that produced bids ranging from about $3,000,000 to as high as $9,000,000 for the conversion. When detailed plans were prepared and the project went to bid, the low responsive bid supported the $3.7 million amended budget, staff said. The city manager warned that construction prices have risen sharply across projects and that delays would likely increase the cost further. Staff also said the city has purchased temporary trailers and incurred architect fees as part of the multi-year effort to address space needs for the building department.

Library lease and community space

A substantial portion of the meeting’s debate focused on the library, which occupies the first floor of the same building. Commissioners raised competing priorities: some argued the city should preserve a restaurant or cafe component to generate revenue; others argued the building department needs a permanent, efficient space. Staff told commissioners the library’s current practice, consistent with other jurisdictions, is that municipal or county libraries typically do not pay rent and instead pay utilities; staff said the library had suggested the city convey the property to them rather than renew a lease. The deputy city manager also told the commission that constructing a new library building would require significantly more funding than is currently available in the city’s capital budget.

Legal and fiscal risk

When asked about the consequences of reversing course, the city attorney warned the commission that staff had already expended funds under existing contracts and that a decision not to proceed could put the city in breach of its lease obligations with Crema and other contractors. “You essentially would be in breach of your lease agreement, which would lead to termination,” the city attorney said, noting the city could face financial exposure if contracts and leases were disrupted.

The vote and what comes next

The motion to approve the contract with Waypoint resulted in a roll-call tie: Commissioner Viscara and Vice Mayor Lamo voted yes; Commissioner Stuyvesant and Commissioner Joseph voted no. With the mayor absent due to illness, the 2-2 tie left the motion without approval. Under the city code cited during the meeting, a tie preserves the status quo but allows the item to be reintroduced at a subsequent meeting; staff said the matter could be placed on the April 17 agenda.

Commission direction and follow-ups

Commissioners asked staff to return with clearer information about the library’s lease position and potential county involvement, and staff said they would bring a separate discussion item on the library and on the adjacent Alamo property. Staff reiterated that additional delays could increase costs and that halting the current procurement would likely require new design work and additional architect fees.

Ending

Because the motion failed on a tie, the Waypoint contract did not proceed; the commission directed staff to report back with library-lease details and related options before reconsidering the contract at a later meeting.