AVALON SOUTH City votes to utilize its own lawyers

Warren's law director said he would have been happy to step aside.
By AMANDA C. DAVIS
VINDICATOR TRUMBULL STAFF
WARREN -- City council has voted 6-4 to not hire outside legal counsel to fight the lawsuit filed by the operator of its municipal golf course.
Tony Joy Jr., who has operated Avalon South golf course since the 1980s, is suing the city, contending breech of contract and seeking an injunction to stop the city from evicting him from the course.
Some lawmakers said it's a conflict of interest if the city law department handles the lawsuit because city attorneys helped draft Joy's lease agreement and have held political fund-raisers at the course.
Councilman Doc Pugh, D-6th, the legislation's sponsor, said the city law department did not enforce Joy's lease agreement.
The city says Joy defaulted on rental fees for three years, county property tax and loan payments to a bank.
Council voted recently to pay off the $345,000 remaining on Joy's $425,000 loan obligation.
How they voted: Council members voting against the measure were Susan Hartman, D-7th; Gary Fonce, D-at-large; Dan Polivka, D-at-large; Virginia Bufano, D-1st; Alford Novak, D-2nd; and Bob Marchese, D-at-large.
Several of them said outside legal help would be too expensive.
Those voting in favor were Pugh; John Homlitas, D-3rd; Brendan Keating, D-5th; and Bob Holmes, D-4th.
Law Director Greg Hicks said he welcomes a chance to turn over the case because of the volume of work his office handles.
He met with Joy's lawyers as recently as Wednesday and noted some issues might be worked out soon. He didn't elaborate.
Auditor David Griffing said the 2002 budget doesn't have money set aside for outside counsel; the city would have had to borrow it.
Homlitas pointed out it could also be a conflict of interest because law department officials could be called to testify if the case goes to court.
Council also introduced legislation to enter into a contract with the state auditor's office to evaluate the performance and financial status of Avalon South and determine whether a financial or performance audit is needed for 2001.
A financial audit from 2000 listed a $330,000 finding for recovery against Joy.
Pugh and Holmes have suggested there might be improprieties regarding Avalon and want the state to untangle the financial mess.
Others say an ongoing FBI investigation into city contracts, demolition projects and Avalon South could turn up possible wrongdoing.
davis@vindy.com
XWarren is making it a little easier for Dan Cadle to keep the doors open to his Riverside Square building, the former St. Joseph Health Center. B1