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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.