2013-0108 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida some longer term bond that would be placed in and kept for a period of time after the project's completion to create some level of comfort should there be a problem. Unfortunately, the insurance company does not place their coverage until the contractor is chosen as it is the contractor's responsibility and so he can't look at the policy to see if it is adequate coverage. They are asking Mr. Schulman to consider allowing us at their expense to bring in an independent engineering firm to do monitoring, to take the data and the information that the Defortuna's are going to provide by way of the motion sensors and the monitors. They are suggesting not to move forward tonight, but to come back at a later date. Jonathan Mofsky,Esq.on behalf of Jade Beach Condominium Association,said he echo's the sentiments of counsel for Sands Pointe. The Association has various concerns regarding the project and the direction of the building structure. This afternoon he received a letter from Mr. Schulman addressing the commitments presented which was sent yesterday to the Association. We have not had a real opportunity to review those commitments, to address those concerns as well as the other concerns of the entire Association. He is here tonight to request a deferral of these proceedings so that the Association can have an opportunity to review these commitments, address their concerns with Mr. Schulman further, and also engage experienced land use counsel to represent them in connection with this matter. Clifford Schulman said in discussing deferral, this application has been in process since September 2012,it was scheduled for December 20,2012 and it was deferred to this date,and again during that period of time we attempted to address concerns. We reached out to Mr. Kearney maybe two months ago, and we did not have any response because he was out of town. And attorneys getting hired within 24 hours, this is the second attorney for Sands Pointe that we have been contacted by, and Mr. Book did call me last night. Mr. Book is worried about the insurance,we are too,it is our project,there is a capital investment here of hundreds of millions of dollars, our insurance policy is going to be the best that money can buy because Mr. Defortuna wants to make sure that he is covered,and that same coverage will be for the benefit of both of the condominium associations. We don't get that insurance,we don't even have a GC that we picked yet, the General Contractor basically will provide the umbrella insurance as well as making sure that the insurance coverage lasts beyond the date of construction, that is what they call "payout coverage". We don't want to be sued 4-5 years later and not have insurance coverage and so that will be taken care of,and he tried to explain that to Mr. Book. Regarding the underground parking garage,Mr.Book indicates that this is new and innovative, and it is not new and innovative,it is here in Sunny Isles Beach because what we have is pedestals but it has been used quite a bit throughout the United States as well as in South Florida. Rachel Cardello, Architect, gave examples of projects that are using similar technology. John Cardello, Director, said they have also successfully executed projects in Miami Beach with below-grade parking garages on Collins Avenue,and they have built garages as far as 10 stories below-grade of several thousand cars in the companies history,they understand how to do it,and they do it successfully. Mr. Schulman said he does not agree with Mr. Book that this is minor window dressing,he knows of no other developer who videotapes and photographs before and after,and he knows of no other developer that has agreed to put in monitoring for vibration in this City,and so that is not window dressing. This has been in progress for a while, and delays cost money. Vice Mayor Aelion said the design itself being of a diagonal nature is a first in Sunny Isles 5