Item Coversheet
Town of Miami Lakes
Memorandum
To:Honorable Mayor and Councilmembers
From:Raul Gastesi, Town Attorney
Subject:Attorney's Reports
Date:2/5/2019
Recommendation:

There are currently several matters being litigated by the Town of Miami Lakes. Some of these matters are being referred to our insurance carrier to mitigate the Town's legal expense. This report will highlight the active files, and a report of expenses incurred to date. Additionally this report will discuss the need to exercise eminent domain in order to complete the N.W. 59th Avenue Project and will discuss necessary changes to the Town's Legal Services Policy.

Background:

MICHAEL PIZZI JR. v. TOWN OF MIAMI LAKES

While the appeal process is ongoing, there have been no additional monies expended during the month of January.

(Criminal Matter)

JUAN VALIENTE V. TOWN OF MIAMI LAKES

Matter continues to be litigated. Costs and expenses are likely.

EMINENT DOMAIN

On January 29, 2019, the Town held a workshop with Town Council and Town Residents to discuss the need to proceed with an Eminent Domain process in order to allow the connection of 59th Avenue. The public purpose and necessity of this project were discussed, as well as two possible options. In order to move forward with the 59th Avenue and Eminent Domain process it is required for the Council to approve proceeding with Eminent Domain process on Option 1 or Option 2, as attached hereto as Exhibit "A" and Exhibit "B".

LEGAL REPRESENTATION POLICY

Current policy only allows legal representation of current Town of Miami Lakes Elected Officials, Chartered Officers and Certain Staff. Based on recent litigation, it is suggested to amend our Town's Legal Representation Policy to include past and presentElected Officials, Chartered Officers and Certain Staff. Attached for consideration is a Resolution with the proposed amendment as Exhibit "C."

ATTACHMENTS:
Description
Resolution Legal Defense Policy
Exhibit A- NW 59th Avenue
Exhibit B- NW 59th Avenue