HomeMy WebLinkAbout04 21 1989 Council hires DC attorney. Volume ll,1\'.a,mber8 April 21, 1989
(LISPS 1506)
Council '''hi res
D.C. attorney
,,:
By George Ricker
The Washington, D.C.; law firm of Cutler & Stanfield
has been hired by the Sebastian City Council to represent
the city in airport.matters related to passage of the charter
amendments, commonly referred to as the "airport refer-
endum," last month.
Eliot Cutler, one of the principals of the firm, was in
attendance at a special City Council meeting called by
Vice Mayor Robert McCarthy at 1:30 p.m. Thursday
the express purpose of interviewing Cutler and consider
ing,whether or not to hire his firm.
Cutler told the City Council itwill costbetween $25,000
and $50,000 to prepare the ordinances that are required by
the referendum and to downy other legal.work that may be
required to implement them.
He said that estimate did not include the cost of repre-
senting the city in the event of any litigation.
It also did not include the hifing of,a noise consultant
and an economic consultant to do studies at the airport.
Cutler advised the City Council he believed the airport
referendum was entirely defensible without hiring either
of those consultants, but said he felt they would give the
city a much stronger case.
Sebastian City Attorney Charles Nash said he con -
cuffed in that opinion.
It,will cost about 00,000 to have thetwostudies
conducted, Cutler told the City Council.
The decision to authorize the consultant studies and to
hire the Washington attorneys followed a two-hour meet-
ing in which Cutler was questioned cldsely by Council-
man Frank Oberbeck and Mayor Richard Votapka:
Cutler said he had been retained by Citizen's Airport
Watch (CAW) and had aided the organization in drafti
,the charter amendments, ,which the CAW champion
during the last election.
He said his firm's relationship with the CAW wot
have to bd severed before Cutler & Stanfield could repi
sent the city.
In answer to a question from Nash, Cutler said his fii
would be prepared to discuss with the Florida Bar Ass
ciation and the American Bar Association the question'
whether it would be appropriate, necessary or suffick
for Cutler & Stanfield to. issue a statement, whether or r,
they should issue an opinion that they are not engaged
the "unauthorized practice of law" in Florida.
Nash explained that he raised- the issue only because
member of Cutler's firnxis licensed to practice law
Florida, and as Seb+astian's' city attorney, he was cc
cerned about protecting the interests of the city.
Cutler declined to offer an opinion about whether 1
fees could legally be paid outofthe airport enterprise fur
He said it seemed appropriate on its face, but he t
question would more properly be answered by tihe ci
attorney or other legal counsel.. ,
The vote to retain Cutler.R Stanfield was 4-1 wi
Oberbeck dissenting. He alto cast the lone dissenting vt
granting on an amendment to the main motion, authori
ing the hiring of the. con-ulwnts Cutler had recommends
Votapka, who has been voting with Oberbeck on aitpt
matters, said he felt the city and the City Council h
limited options, and that was why he was voting w:
McCarthy and councilmen Lloyd Rondcau and Roh
McCollum.