HomeMy WebLinkAbout12 22 1989 Tsamatoules instructed to draft agreement with SnellSEBASTIAN SUNS
Volume II, Number 42 December 22, 1989 (USPS 1506)
2 sections 26 pages 25 cents
Tsamatoules instructed to
draft agreement with Snell
By Glenn McLaren
Sun staff reporter
City Manager Robb McClary has
given the go ahead to Nick
Tsamoutales, special legal counsel to
the city, to prepare a proposal that
would .produce a "standstill agree-
ment" in the suit brought by Burt
Snell against the Sebastian City
F Council.
The possible agreement was dis-
cussed at a meeting Monday between
Snell and his attorney, Burney Carter
and Mayor Richard Votapka,
McClary and Tsamoutales.
McClary's proposal includes
Snell's withholding of legal action
concerning his suit centered around
operation of the Sebastian Municipal
Airport until 90 days after the city
receives the upcoming compatibility
study that should be completed in
approximately 10 months.
In return the city would agree not
to spend any additional amounts
from the airport enterprise fund for
legal expenses, except in order to pay
legal fees to Eliot Cutler or defend
the airport from a new suit if one were
filed.
Snell's suit had asked for an in-
junction against expenditures from
the airport fund for legal fees as well
as.calling for the city to repay those
monies already taken from the fund
to pay over $106,000 in legal ex-
penses for Cutler's preparation of
ordinances approved in the March
charter amendment referendum and
his efforts in negotiating an agree-
ment with the Federal Aviation
Administration (FAA).
According to McClary, the city
may need to call on Cutler for his
advice concerning the compatibility
study and its compliance with the
requirements set by the FAA as part
of the city's agreement in principle,
or standstill agreement, with the fed-
eral agency.
The city entered into that agree-
ment after the FAA threatened to
initiate action to revert control of the
airport back to the federal gover-
ment if the city took final action to
adopt the ordinance imposing noise
restrictions and user fees at the air-
port.
See Lawsuit on page 11-A
Lawsuit (from page 1-A)
Once the city had agreed to with-
hold final adoption of the ordinance,
the FAA said it would fund up to 90
percent of the cost of a new study of
the airport, one which it hoped would
create the basis for compromise be-
tween airport proponents and oppo-
nents. Excluded from the proposed
funding was the money the FAA al-
ready had paid toward the prepara-
tion of the airport master plan, which
had been the chief cause of much of
the agitation against the airport.
Current projections indicate the
FAA will pay approximately
$150,000 toward the cost of the
$200,000 planning study, and the
airport enterprise fund will pay the
balance of about $50,000.
In calling for Tsarhoutales to pre-
pare the proposal, McClary stated
that he had spoken with each of the
council members.
"I feel that it would be supportedby
the majority of the council," said
McClary, adding that he would not go
forward unless he felt the measure
would meet with their final approval.
Votapka said that the decision to
defer legal action is the best solution
for the city at this time.
"We won't drain anymore monies
from the city's airportenterprise fund
due to special legal expenses," he
stated.
Vice Mayor Robert McCarthy said
that the proposal was "long overdue."
Though Snell could not be reached
for comment, his attorney confirmed
the negotiations and his client's inter-
est in a possible agreement.
According to Carter, his client
would still be able to pursue the in-
junctive and repayment issues after
the study is completed, and he has
reviewed any new operating propos-
als that may be presented.