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CITY OF MELBOURNE, FLORIDA MINUTES – REGULAR MEETING BEFORE CITY COUNCIL APRIL 27, 2004

Mayor Buckley agreed. Mr. Contreras said at some point the “freebies” stop and perhaps this is a lesson well learned. In the future we should determine whether the questions are within the scope and if not what the cost will be.

Mayor Buckley asked if the recommendation is to hire an outside attorney. Attorney Gougelman said yes and referenced the history of the “additional costs.” They initially came to us with $50,000 in additional charges and over a year later it has reached $178,000, which is disingenuous. The firm seems quite disinterested in negotiating and he is not sure there aren’t more charges coming our way. It took them over a year to quantify the original claim.

Mr. Gougelman said the immediate recommendation is to get a good construction litigator involved now. Under the contract we are required to go through mediation and this will provide an excellent opportunity for us to get someone competent to walk us through the process. The litigator will learn our case through mediation, which will be helpful if this slips into litigation. He added that it will be expensive.

Moved by Buckley/Contreras to make a written offer to CH2MHill for $75,000 and to hire a construction litigator. Motion carried unanimously.

Attorney Gougelman informed Council that the developer of place its site plan on hold for a period of up to a year.

Prairie They

Trace would like to are considering an

alternative, non-affordable housing project with a decreased density. objections, staff intends to go down that trail.

If there are no

The City Manager reported that the truck recently stolen from the City’s public works facility has been recovered; however, the trailer is still missing.

Mr. Palmer asked for an update on the Palms Theater property, including how much money the City has invested in the property. Mr. Schluckebier said that this information would be included on the next agenda with the Palms Theater sale item.

23.

ADJOURNMENT

Moved by E. Palmer/Contreras to adjourn. Motion carried unanimously.

The meeting adjourned at 10:33 p.m.

____________________________ City Clerk – 5/6/2004

Approved by Council:

May 11, 2004

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