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ITEM: RESOLUTION NO. R2026-23 (LEGAL DEPARTMENT OUTSIDE LEGAL FEES AND COSTS)
A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL AMENDING THE FISCAL YEAR 2025-2026 GENERAL FUND LEGAL DEPARTMENT OPERATING BUDGET TO APPROPRIATE UNASSIGNED FUND BALANCE OF $75,000 FOR ADDITIONAL OUTSIDE LEGAL SERVICES; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Resolution No. R2026-23 amending the Fiscal Year 2025/2026 General Fund Legal Department Operating Budget to allocate unassigned fund balance of $75,000.00 for additional outside legal services.
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EXPLANATION: The Village retains outside law firms to assist with pending lawsuits and other areas in which special expertise is needed. The budgeted amount for outside legal counsel is $200,000 for FY 2025/2026, which typically covers routine outside legal expenses. Certain outside legal expenses have arisen that were not budgeted or which have exceeded anticipated amounts, including the recently filed Isla Carroll matters, the Brefrank matter and the Palm Beach Polo collateral attack on the 130 Violations foreclosure. Half of the expenses associated with the Brefrank matter will be recouped at the conclusion of the litigation and Wellington has filed a Motion for Attorneys' Fees and Costs in the Palm Beach Polo Matter, which we believe we are entitled to pursuant to section 57.105, Florida Statutes. Staff expects that an additional $75,000 will cover these additional legal fees through the end of the fiscal year.
Staff recommends approval of the budget amendment in order to cover outside legal services. Any unused funds will be carried over to the fiscal year 2026-2027 budget.
BUDGET AMENDMENT REQUIRED: YES
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Sufficient available fund balance exists in the general fund.
WELLINGTON FUNDAMENTAL: Protecting our Investment
RECOMMENDATION: Approval of Resolution No....
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