2014-0320 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting March 20,2014 City of Sunny Isles Beach,Florida that you will remove those boxes? What is the real issue here because at this point is the City now using the easement for emergency vehicles to go where,to service what,we want to do this right and this is not a good way to start a process by threatening to sue someone over two electrical boxes. He requested that this Resolution be taken off the table and to direct your City Attorney to work with them. He already told him that it would go to the Board and that it will probably be 30-60 days because we have to go through the process. There are units next to this easement, and the place where City staff has told his clients where you all want to put it is right in front of somebody's window. And so the concern is that they have to look at all those issues and they have to make sure their people are happy. He asked the City not to institute legal actions as it is unwarranted at this point. City Manager Russo said there is a lot to be said on this issue, and this place is not the place to do it. Assistant City Manager Evans said he was hired in January 2013 and his first meeting with Porto Bellagio was in March 2013,they met on site with Calvin Giordano and Porto Bellagio's representatives. From that point on we have marked out easements,right- of-ways, to include FPL, we have built mock-ups, we have made repeated attempts to try to get this issue resolved and expressed the urgency in trying to move this forward. Mayor Edelcup asked if there was any reason why we couldn't proceed with this and at the same time end it if there isn't an amicable agreement reached? Legal proceedings when they start usually do not end very quickly, and there is a timeframe of many months probably if we have to go the legal route. Any time during which if the party was ever to reach an agreement then you could withdraw the legal proceedings, is that correct? City Attorney Ottinot said yes, first of all this is just a Resolution permitting him and the City Manager to pursue if they are unable to work out any resolution prior to legal proceeding. One of the things he wanted to say for the record. Mr. Tucker indicated that we never made a formal demand for the relocation, for the record, this week was the first time that we received a request to have a formal letter. That request was made after he sent him a copy of this Resolution in an email to indicate that if the Commission approves this Resolution, he and the City Manager will seek or demand a request for the relocation of the utility box. Mayor Edelcup said that could be part of this whole process to send a formal demand but defer your case because the train has left the station. We are building a bridge and we need to get that easement cleared up and it is not something that is going to stop the City from moving forward. One way or another the electrical boxes need to get moved, and if it can be done without a legal battle, so be it, but if it takes a legal battle, so be it. And so he thinks it behooves the attorneys on both sides to get together if this passes tonight post haste to see if they can reach an agreement short of having to go to court. Vice Mayor Aelion asked if we can put that in the Resolution, "subject to", and City Attorney Ottinot said yes, he informed the Association attorney that we have an open door and we will meet with him whenever he wants to meet. A motion can be made to have a meeting with Porto Bellagio within the next 30 days to see if we can resolve this issue. Mayor Edelcup said to amend the Resolution to meet with Porto Bellagio up to 30 days. Vice Mayor Aelion moved and Commissioner Gatto seconded a motion to approve the resolution,as amended. Resolution No.2014-2217 was adopted by a voice vote of 5-0 in favor. 15