2007 1115 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 15,2007 City of Sunny Isles Beach, Florida and Community Development Director Robert Solera reported. Public Speakers: Cliff Shulman, Esq. Cliff Schulman, Esq. representing the applicant reported that they are requesting a 6-month extension of time for this project. He handed to the City Clerk 46 Purchase and Sale Contracts of the Project, there are 69 units in the Project, which represents $89 Million Dollars worth of sales price. He said to date that the applicant has invested $20 Million Dollars into this site with a $l3 Million Dollar purchase price, and $7 Million Dollars worth of additional expenditures to get to this point. Mr. Schulman described the process that they have gone through so far, and due to delays in obtaining the Coastal Construction Control Line (CCCL) Permit with the Florida Department of Environmental Protection (FDEP), they are requesting an extension. He said that they have received approval of all various disciplines except the structural approval which they expect soon. He said that they are in the process of the City's final review of the building plans, and that they have been through DERM, Fire, mechanical, electrical, plumbing, everything is done except structural and DEP. He said the application for the CCCL permit was determined complete as of October 10, 2007 and the permit will be issued within 90 days, and so they don't have to act on this application until January 10,2008, and their zoning expires December 8, 2007. Mr. Schulman said as part of the project they are adding sand to Samson Oceanfront Park beach and dune. He said that they are committed to the City and once they get their Building Permit they will pay the City $5.7 Million Dollars which is their bonus payment, and a $1 Million Dollar voluntary contribution as well as $3.9 Million Dollars in TDRs. He said that they have hired the coastal engineering firm of Coastal Systems, who have worked with DEP in the past to get most of the buildings that are presently in Sunny Isles Beach, and it is unfortunate that they have not been able to get through DEP in a timely fashion. Vice Mayor Thaler said he thought 6-months is an excessive amount of time, and Mr. Schulman said that DEP doesn't have to act on this until January 10, and so it is out of their control. Commissioner Goodman asked what the delay was as this is the first time for anyone that applied for a permit that did not use it within the two years. Mr. Schulman said it was caused by Hurricane Wilma and the hurricane before that one, it scared DEP and so they have increased their level of scrutiny on projects. City Manager Szerlag asked Building Official Clay Parker if there was a delay on our part, and Mr. Parker said we can't do anything until they get the Notice to Proceed, they made their application in 2005, and came back and made changes, it is a long process with DEP and they may need a 6-month extension. Mayor Edelcup said by granting longer extensions it delays the City's budgetary process in anticipation of collection of those funds for the TDRs, bonuses, etc. He said he wouldn't mind giving a short extension to the January or February meeting, anything longer than that he would like to see the developer propose to make a partial payment on the amount of money due the City. Mr. Schulman asked if the City could give them until March, as he doesn't have any money to give the City until the Building Permit is issued, at which time the construction financing will kick in and they can pay the City, as they can't touch the money they have received from buyers as it is in escrow. He said ifthey can have until March they hope to give the City the full $6 Million Dollars. 7