HomeMy WebLinkAbout01 26 1989 Sebastian Council OKs Referendum Research6A. Thursday, January 26, 1969, Vero Beach, Fla., Press -Journal
Sebastian River Am.
• Grant • Micco-Little Hollywood 0 Barefoot Bay • Sebastian • Fellsmere a Roseland • Vero Lake Estates
Sebastian. Council ' OKs,
Referendum Research 1
By PATRICIA DiLALLA
Sebastian Bureau Chief
In the latest action revolving
around the czritroversial airport
referendum, Sebastian City Coun-
cil voted 3-2 to authorize research
into the legality of the referendum
language at a minimum cost of $3,-
000 in legal fees.
The authorization includes hiring
an outside expert in aviation law.
Council took the action despite
City Attorney Charles Nash's cau-
tion that the report "will just be an
opinion."
Mayor Richard Votapka, who re-
quested the authorization, and
Councilmen Peter Vallcne and
George Metcalf voted in favor, and
Vice Mayor Ken Roth and Coun-
cilman Bob McCarthy voted
against the motion.
City Manager Robb McClary said
the money to pay the legal fees
would come from the airport fund,
but that he would have to check
whether the city has to go through
the procedure of requesting pro-
posals from outside attorneys
before hiring one, as McCarthy
asserted was required.
Nash estimated he would need
15-20 hours of research time, and
that an outside expert's charges
would amount to "a couple thou-
sand dollars.' =: a charge of $60
an hour, the city attorney's legal
bill Will amount to $90041,200.
Nash said going out for proposals
would not be necessary if he could
find an attorney willing to do the
work for under the statutory limit)
bf $2,000.
At the Jan. 4 meeting, Nashr
raised the possibility that the lan-
guage of the airport referendum
may violate federal and state con.
+ stitutions.
The referendum proposes to limits
how the city raises money to oper-.1
ate the airport, as well as impose a
landing fee and put into effect a"
noise ordinance. 1'
Although council voted at its
meeting to place the referendum'
on the election ballot, it has set up
a meeting Feb. 21 with officials of;
the 'Federal Aviation Adminis
tration to discuss the legality issue.a
As he has stated in the past. the,
mayor said be wants a legal opin,, .
ion so the voters can make an.
informed decision on election day.
Votapka also questioned what„
the city's liability would be if the.
referendum passes and someone'
brings a lawsuit.
Opponents of the referendum''
probably would seek a declaratory
judgment, Nash said, to have ar'
judge determine whether the char..;
ter change should be enforced. p
"It probably is not much in terms
of damages," Nash said. IJ
In arguing against the mayor's;
request, McCarthy said there is no,
way of knowing what the vote wily,
be on the referendum. "If it Isl
unconstitutional, let (the oppo-
nents) hire a lawyer," he said.