2007 0621 Special City Commission Meeting

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Summary Minutes: Special City Commission Meeting June 21, 2007 Sunny Isles Beach, Florida property owner fails to provide truthful and accurate information, staff is unable to properly review the site plan and protect the citizens ofthis community. Based upon the applications filed by Publix, it is clear they misrepresented the size of the development parcel submitted for approval. For example, in its initial application to the City, Publix represented the size of the property for development purposes to be 3.57 acres (attached as Exhibit "B" to the City's Response). However, Publix later claimed to own a parcel size of 17.13 acres, which included 3.57 upland, and 13.59 of submerged lands. The submerged lands were purchased by Publix after the initial application, and were part of revision to include a 140 slip marina (attached as Exhibit "D" and "K" to the City's Response). During this same period, Publix submitted another site application to the Shoreline Committee, and attested under oath that the parcel size for development purposes was 5.41 acres, which included 3.57 acres of upland and 1.84 acres of submerged land. However, the application to the Shoreline Committee contains no mention at all of a marina or of the 13.59 acres of submerged land (attached as Exhibit "L" to the City's Response). In its appeal, Publix claims they were not required to disclose the marina to the Shoreline Committee. However, as shown in Exhibit "L", the emails confirm the marina is required to be included in addition to the submerged land. The inconsistent applications filed by Publix clearly show an attempt to hide Publix' s plan to build a much larger structure on 3.57 acres. It also shows an attempt by Publix to prevent the City Commission, staff and the City Attorney from making an informed decision. The City Code does not permit such conduct and the Commission should not allow it. 2. Presentation bv Publix Supermarkets. Inc. [City Clerk's Note: Mr. Schulman submitted into the record its Appeal to City Commission dated May 3, 2007, along with all attachments. Mr. Schulman also submitted into the record the following documents: Westlaw-Metropolitan Dade County v. Florida Processing Company; Westlaw-Cherry Communications, Inc. v. Deason; Westlaw-Ford v. Bay County School Board; Email from Javier F Avino dated March 16, 2007 to Hans Ottinot, Jorge Vera, Elena Del Campillo, Robert Solera, Steve Belden, Jasmine Barnes, Jane Hines, and John Szerlag re: Site Plan Application Z2005-09 with attachments; and Copy of Check No. 009232from Greenberg Traurig in the amount of $3,000.00 for the Administrative Appeal, and a copy of a letter from Clifford Schulman, Esq. dated March 16, 2007 regarding the Appeal of Administrative Decision with attachments.) Action: Clifford Schulman, Esq., representing Publix, objected to the short period of time of 10 minutes. He said they would incorporate into the record everything included in their appeal letter dated May 3, 2007, including all the exhibits. Mr. Schulman asked the Commission to take official notice of the legal proceedings in "Publix vs. Sunny Isles Beach Case No. 0701659 CA-15", filed in the Circuit Court. Mr. Schulman objected to the City Attorney sitting in on this matter as a matter of law. According to Mr. Schulman, the appeal concerns a letter written by the City Attorney and 3