HomeMy WebLinkAbout04201989City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
MINUTES
SEBASTIAN CITY CO~CIL
SPECIAL MEETING
THURSDAY, APRIL 20, 1988 - 1:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
LISTED BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
PURPOSE: INTERVIEW AND CONSIDER ENGAGEMENT OF ELLIOT
CUTLER, CUTLER & STANFIELD, ATTORNEYS-AT-LAW, WASHINGTON,
D.C., FOR PURPOSE OF REPRESENTING THE CITY AS SPECIAL
LEGAL COUNSEL RELATIVE TO AIRPORT MATTERS
Mayor Votapka called the special meeting to order at
1:30 p.m.
2. The City Manager led the Pledge of Allegiance.
3. ROLL CALL
Present:
Vice Mayor Robert McCarthy
Councilman Lloyd Rondeau
Councilman Frank Oberbeck
Councilman Robert McCollum
Mayor Richard Votapka
Also Present:
City Manager, Robert McClary
City Attorney, Charles Nash
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Male
Also Present:
Elliot Cutler, Attorney-at-Law
John Potter, Attorney-at-Law
The City Manager introduced Attorneys Elliot Cutler
and John Potter.
4. PUBLIC INPUT
Mayor Votapka opened public input at 1:35 p.m.
George Metcalf, 425 Pine Street, objected to the
hiring of outside attorneys and questioned amount and
source of funds for proposed representation.
Harry Beller, objected to retaining the services of
Cutler & Stanfield.
John Evans, 11155 Roseland Road, supported retaining
the services of Cutler & Stanfield.
Mayor Votapka closed public input at 1:50 p.m.
INTERVIEW ELLIOT CUTLER
Attorney Cutler answered questions addressed to him
by Councilman Oberbeck, Vice Mayor McCarthy,
Councilman Rondeau and Mayor Votapka regarding the
engagement of his firm. Attorney Cutler stated that
although controversial "it is a set of charter
amendments which I believe can successfully be
defended". He went on to say that Phase I of the
process, implementation of the amendments, would cost
approximately $25,000 to S50,O00, and could not give
a quote for Phase II, defense. Discussion continued
on previous cases handled by the firm. Attorney
Cutler said that although not licensed by the State
of Florida to practice law, his firm has handled
three cases in the state, is currently engaged in a
fourth and in such cases would retain local counsel
if the matter is heard by a state court rather than a
federal court.
Attorney Nash recommended that Attorney Cutler, if
engaged by the City, give the City, for its
protection, an opinion that the firm is not engaged
in the unauthorized practice of law in Florida.
Councilman Rondeau was excused from the meeting from
2:30 p.m. to 2:31 p.m.
Attorney Cutler said his firm would have to be
released as counsel to Citizen's Airport Watch if
engaged by the City to alleviate any ethical
conflict; regarding landing fees, that it is
important that the City undertake an analysis of the
economics of the airport for the purpose of
establishing a fee in excess of five dollars; a noise
study may have to be undertaken, although it is not
essential, to provide the best defense against any
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challenge; and that the consultant fee would be
approximately $10,000 which he proposed be done under
subcontract to his firm.
Councilman Oberbeck was excused from the meeting from
3:00 p.m. to 3:05 p.m.
Discussion took place on use of airport funds for
airport charter amendment implementation. Attorney
Cutler advised that on its face it looks fine but
suggested that it bears examination by Attorney Nash
or someone else on behalf of the city.
Attorney Cutler said his firm typically works
through the offices of the Chief Administrative
Officer in cases such as this.
CONSIDER ENGAGEMENT OF CUTLER & STANFiELD, ATTORNEYS-
AT-LAW, FOR PURPOSE ~F REPRESENTING THE CITY AS
SPECIAL LEGAL COUNSEL RELATIVE TO AIRPORT MATTERS
MOTION by McCarthy/McCollum
I move we engage Elliot Cutler, Cutler &
Stanfield, Attorneys-at-Law, Washington, D.C., for
the purpose of representing the city as special legal
counsel relative to airport matters.
MOTION by McCarthy/Rondeau
I move we amend the main motion to include
hiring a special consultant on noise and economic
financial consultant relative to airport matters in
regard to charter amendments.
ROLL CALL: (amendment)
Vice Mayor McCarthy - aye
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeay - aye
Mayor Votapka - aye
MOTION CARRIED 4-1 (Oberbeck - nay)
ROLL CALL: (main motion)
Councilman McCollum - aye
Councilman Oberbeck - nay
Councilman Rondeau - aye
Mayor Votapka - aye
Vice Mayor McCarthy - aye
MOTION CARRIED 4-1 (Oberbeck - nay)
Mayor Votapka adjourned the special meeting at 3:25
p.m.
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Approved at the
Kathr.~ M. 0'~alloran, City Clerk
· 1989 /I~~ Council Meeting.
R±chard B. Votapka, Mayor
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