HomeMy WebLinkAbout01 27 1989 Opinion requested on airport referendumOpinion requested on airport referendum
By George Ricker
By a 3-2 vote, the Sebastian City Council
instructed City Attorney Charles Nash to draft a
written opinion on the legalityand constitutionality
of the airport referendum, which will be on the
ballot March 14.
Councilman Robert McCarthy and Via Mayor
-Kenneth Roth voted against the motion.
"I think citizens need to know, before they vote
on this, if it is "liken to lead to litigation and
potential liability to the chy," Paid Maya Richard
Votapka.
Concerns were expressed by John Evans,
attorney for Citizens Airport Watch, about the
wisdom of having the city attorney draft a written
opinion on the matter before it goes to the voters.
Speaking at Wednesday night's mating, Evans
observed that, whatever the attorney's opinion, the
referendum was a the ballot, would be voted on
and would likely be a matter of litigation anyway.
However, Councilman George Metcalf
suggested the axmcil would be better served
listening to its own attorney than taking the advice
of someone who has no responsibility to the city.
Nash suggested if the charter change is approved
.by voters, those who think it is unconstitutional
will be likely tochallenge it in court
"I don't believe the city would be exposed to
Additional liability," he said... , .
However, under questioning by Votapka, Nash'
agreed there might be some potential damages
arising out of such litigation. "it would depend
upon whether people have damages to claim," he
said.
Councilman Pena Vallone wondered how much
it would cost the city for Nash to conduct his
Sebastian Sun Week of January 27. IRRA Po.10-A
Airport (from 1-A)
City Manager Robb McClary suggested it would be his
intention to charge the airport enterprise fund for the cost
ofthe legal investigation. He said he would have to
investigate whether the city's bidding procedure would be
triggered by the project.
"7 still think we should wait until after the results of the
referendum. Let the people who are saying it is
'Unconstitutional worry about taking it to court,"
McCarthy said
Vallone said he wanted the information, ,but was
concerned about the cost and whether the city might itself
be "clouding the issue" by having Nash write an opinion
on the subject
investigation and wiv Cher it would help the city.
Noting he would want the assistance of a legal
expert on aviation matters, Nash said the cost of that
expert opinion would probably, be about $2,000.11
estimated his own participation would requiTeis
minimum of 15 or 20 hours of work. Nash receivE9
$W an hour fee general legal services to the city.
McCarthy tooted the total price of the
investigation would trigger the city's bidding
.procedure.: :
"I don't know where we will get the money topay
for this," he said. "We are already over budget on
auamey's fees." *"
City Manager Robb McClary suggested it would
be his intention to charge the aitportenterprise fund
for the cost of the legal investigation. He said he
See Airport Page )0-A
"We already have a meeting scheduled with the FAA
(Federal Aviation Administration);' Roth observed. "It's
on the ballot. I say let the chips fall where they may."
"I think the voters need to be informed about this,"
Votapka insisted. He noted it appeared the city was going
to have to spend money on legal fees anyway. "We need
to get an opinion to let the voters know what is in the best
interests of the city," Votapka added.
Nash suggested the City Council has the right to see that
the city's property is protected.
"You will still be getting only an 'opinion,'" he
reminded the councilmen before they voted.