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Home My WebLink About09 21 1989 City Seeks Delay of Lawsuit6A, Thursday, September 21, 1989, Vero Beach, Fla., Press -Journal City Seeks Delay -Of Lawsuit By PATRICIA DiLALLA Sebastian Bureau Chief Twelve days before the city is re- quired to respond to a judge's order relating to the airport law- suit, Sebastian City Attorney Charles Nash told the city he cannot represent it in that action. Nash withdrew Tuesday afternoon because of a legal opin- ion he rendered earlier this year that the proposed charter amend- ments might not be legal, City Manager Robb McClary told coun- cil at Wednesday's special budget hearings. Nash felt he could not adequately defend the city in a matter on which he issued a contrary legal opinion, McClary said. Councilman Lloyd Rondeau re- acted angrily to Nash's action. "I don't see what good Nash is doing us," Rondeau said. "He can't defend us against the FAA and can't defend us in this action. I don't know why we need him." City voters approved the referen- dum, which imposed a landing fee and noise restrictions and cur- tailed sources of income to operate the airport, in the March election. Nash did not attend Wednesday's meeting and only informed McC- lary of his decision the day before. McClary individually briefed the Sebastian OKs Budget By a vote of 4-1, Sebas- tian City Council approved the proposed millage rate and budget for fiscal 1990 without change at Wednesday's special meeting on the budget. Coun- cilman Frank Oberbeck was sole vote against adoption. The millage rate has been es- tablished for the second year in a row at 6.644 mills, The general fund budget was set at. $3,869,46G. Oberbeck said he is not satis- fied that there was no increase in the millage rate, since the city had taken more revenues councilmen on the problem before the meeting. McClary said he would have ready at next week's council meet- ing a recommendation on who the city should hire as special counsel in the lawsuit brought by resident Burt Snell. Nash now is trying to get Snell, through his attorney, to agree to a delay so the city can find someone to represent it, McClary said. If Snell does not agree, then Nash from new construction aver last year. "1 don't think it was very dif- ficult to hold the taxes as it stood," Oberbeck said, "I would have liked to see a roll back.' Oberbeck repeated his earlier complaints against salary in- creases for department heads. Councilman Lloyd Rondeau, on the other hand, said he thought the budget should be modified to give the depart- ment heads the original raises suggested by the city manager during the budget workshop will ask Circuit Court Judge Paul Kanarek for an extension, he said. McClary said he did not know why Nash waited so long to with- draw. On Aug. 28, Kanarek signed an alternative writ in mandamus that ordered the city to either adopt an ordinance implementing the air- port charter amendments or show cause why it should not. The city was to have 20 days to respond from the date the city councilmen were served with a copy of the writ. The councilmen, however, were not served until Sept. 11, and the clock did not start running until that date. The city must file a re- sponse by Oct. 2. In a flurry of legal motions, Snell filed a complaint to force the city to adopt the charter amendments, which had been put on hold in favor of a standstill . agreement with the Federal Aviation Admin- istration. The city asked the court to dismiss the suit claiming Snell had no legal standing to bring it, and Snell filed a request to amend his complaint. When Kanarek allowed Snell to amend his complaint, that changed the city's defense, McClary said. "The motion to amend put our defense in a position where lack of standing may not be appropriate and the matter ultimately may be tried on its merit," he said. On Jan. 25, council asked Nash to research the legality of the ref- erendum language. In a lengthy written opinion Feb. 20, Nash wrote that, in his opinion, the proposed amendments were subject to challenge on numerous grounds and the city likely would face numerous lawsuits from par- ties adversely affected by the re- strictions.