| Recommendation: | It is suggested that the Town modify its current agreement for Town Legal Services with Gastesi and Associates, P.A., in order to provide the assignment of an attorney (currently Lorenzo Cobiella, Esq.) in order to provide on-site legal assistance full time to Town Council, Town Manager and Town Staff. The assignment will be from Monday through Friday, and a minimum of 40 hours a week, except for sick days, holidays, and vacation time.
During the 2018 – 2019 budget hearing process, Staff suggested, and the Council approved the allocation of $150,000 as retainer for legal services, $50,000.00 for special projects and for land-use attorney services (Nancy Stroud, Esq.) and $400,000.00 for litigation reserve. At this time, it is suggested that the $50,000.00 currently designated for special projects and land-use be transferred to Gastesi and Associates, P.A. ($150,000.00 + $50,000 = $200,000 yearly payable monthly on the 1st of the month in the amount of $16,666.67) in order to assign a full-time attorney to the Town in order to provide the following services:
- Review and/or Draft all resolutions, ordinances prior to their consideration by the Council or Planning and Zoning Board;Review and/or Draft of all agreements prior to their execution by Town Staff;
- Review and provide legal support to procurement department on all RFP, RFQ requests;
- Review and provide legal support of Planning and Zoning department; this includes review of all development, zoning, variance requests;
- Serve as Town Prosecutor of all Code Enforcement Violations;
- Assist Town Manager by providing legal counsel and provide legal assistance to Town Staff at his discretion;
- Work with Town Manager and Staff to streamline and standardize procurement process and agreements;
- Work with Town Manager and Human Resource to create sound policies and procedures;
- Provide Town Council with routine updates on legal matters;
- File an Answer and Monitor foreclosure litigation (any additional action in such matters is considered litigation);
- Attend Council and Mayoral briefings with the Manager;
- Continue ongoing work with Staff on
o N.W. 59th Avenue Project;
o Zoning Overlay;
o Finalization of Trademarks;
- At the Town Manager's and Human Resource direction, provide continual education and training to Council, Mayor, Manager, Staff, Town Committees;
- Assist all workshops, special calls, council meetings. Provide open door policy
- Serve at the pleasure of the Town Manager, Mayor and Council.
- Occasionally meet with a Town resident to assist staff in resolving an issue (at the sole and absolute discretion of the Town Attorney).
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