File #: 21-4490    Name: OUTSIDE LEGAL FEES AND COSTS – JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. AND RESOLUTION NO. R2021-31 FOR FISCAL YEAR 2020/2021 BUDGET AMENDMENT TO INCREASE THE LEGAL DEPARTMENT OUTSIDE SERVICES BUDGET A. APPROVAL OF OUTSIDE LEGAL FEES AND
Type: Discussion Item
Body: Village Council
Agenda Date: 6/8/2021 Final action:
Title: ITEM: OUTSIDE LEGAL FEES AND COSTS - JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. AND RESOLUTION NO. R2021-31 FOR FISCAL YEAR 2020/2021 BUDGET AMENDMENT TO INCREASE THE LEGAL DEPARTMENT OUTSIDE SERVICES BUDGET A. APPROVAL OF OUTSIDE LEGAL FEES AND COSTS - JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. B. RESOLUTION NO. R2021-31 - A RESOLUTION OF WELLINGTON, FLORIDA'S COUNCIL AMENDING THE FISCAL YEAR 2020/2021 GENERAL FUND LEGAL DEPARTMENT OPERATING BUDGET TO ALLOCATE FUND BALANCE OF $75,000 FOR ADDITIONAL OUTSIDE LEGAL SERVICES; AND PROVIDING AN EFFECTIVE DATE. REQUEST: Approval of continued use of outside professional legal services to assist in matters relating to the 1) PR Raintree and Greener Pastures Too, LLC and 2) Pine Tree Water Control District case; and approval of Resolution No. R2021-31 for a Fiscal Year 2020/2021 Budget Amendment in the amount of $75,000 from General Fund Reserves to increase the Legal Department Outside Services budget.
Attachments: 1. 1. R2021-31 BA Outside Legal Services
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ITEM:                     OUTSIDE LEGAL FEES AND COSTS - JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. AND RESOLUTION NO. R2021-31 FOR FISCAL YEAR 2020/2021 BUDGET AMENDMENT TO INCREASE THE LEGAL DEPARTMENT OUTSIDE SERVICES BUDGET

 

A. APPROVAL OF OUTSIDE LEGAL FEES AND COSTS - JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A.                       

 

B. RESOLUTION NO. R2021-31 - A RESOLUTION OF WELLINGTON, FLORIDA’S COUNCIL AMENDING THE FISCAL YEAR 2020/2021 GENERAL FUND LEGAL DEPARTMENT OPERATING BUDGET TO ALLOCATE FUND BALANCE OF $75,000 FOR ADDITIONAL OUTSIDE LEGAL SERVICES; AND PROVIDING AN EFFECTIVE DATE.

 

REQUEST:                     Approval of continued use of outside professional legal services to assist in matters relating to the 1) PR Raintree and Greener Pastures Too, LLC and 2) Pine Tree Water Control District case; and approval of Resolution No. R2021-31 for a Fiscal Year 2020/2021 Budget Amendment in the amount of $75,000 from General Fund Reserves to increase the Legal Department Outside Services budget.

 

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EXPLANATION:                     The Village uses outside legal counsel to assist in matters that require specialized knowledge and skill. The Village has entered into agreements with Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. to provide services relating to the PR Raintree and Greener Pastures Too matter, as well as Wellington’s action for injunction and mandamus action against Pine Tree Water Control District.  To date, fees totaling $28,182.45 and $24,580.40, respectively, have been incurred and $21,776.80 and $6,152.52 are pending payment.  Outside legal expenses are part of the overall 2021 fiscal year legal budget.  Pursuant to Wellington’s purchasing policy, legal expenses are exempt from competitive bidding requirements.  However, individual expenditures for which the cumulative totals exceed $25,000 for any single project require Council approval.

 

Staff recommends approval of continued use of outside legal services provided by Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. in an amount up to $60,000 through September 30, 2021. The attached budget amendment in the amount of $75,000 is necessary for sufficient funding in the Fiscal Year 2021 Budget for outside legal services to cover the cost of these anticipated expenditures. 

 

BUDGET AMENDMENT REQUIRED:                     YES 

 

PUBLIC HEARING:                     NO                      QUASI-JUDICIAL:                      

 

FIRST READING:                                            SECOND READING:                      

 

LEGAL SUFFICIENCY:                     YES

 

FISCAL IMPACT:                     The attached budget amendment in the amount of $75,000 is necessary for sufficient funding in the Fiscal Year 2021 Budget for outside legal services to cover the cost of these anticipated expenditures.

 

WELLINGTON FUNDAMENTAL:                     Responsive Government 

 

RECOMMENDATION:                     Approval of continued use of outside professional legal services to assist in matters relating to the 1) PR Raintree and Greener Pastures Too, LLC and 2) Pine Tree Water Control District case; and approval of Resolution No. R2021-31 for a Fiscal Year 2020/2021 Budget Amendment in the amount of $75,000 from General Fund Reserves to increase the Legal Department Outside Services budget.