122085-Special SessionMINUTES 2 7 3
City Commission, Sanford, Florida
December 20,
The City Commission of the City of Sanford, Florida, met in Special Session in
the City Manager's Conference Room in the City Hall in the City of Sanford, Florida, at
11:45 o'clock A. M. on December ~20, 1985.
Present:
Absent:
Mayor-Commissioner Bettye D. Smith
Commissioner John Y. Mercer
Commissioner Milton E~ Smith~
Commissioner David T. Farr
City Attorney William<L. Colbert
City Manager Frank A. Faison
City Clerk H. N. Tamm, Jr.
Commissioner Bob Thomas
The meeting was called to order by the Chairman.
The Chairman announced the meeting had been called to hear a report from Mr.
Colbert and his staff regarding the wastewater effluent disposal site litigation.
Mr. Colbert explained that all the depositions have,been taken from the City Staff
and he challenged Mr. Ken McIntosh, Senior partner in the firm of Stenstrom, McIntosh,
Julian, Colbert & Whigham, P.A., with the City pleadings and requested Mr. McIntosh to give
the Commission his opinions..
Mr. McIntosh~reported on the progress of the Yankee Lake case as good, actions of
the City as sound, and that the City necessarily exercised the :power of'eminent domain.
Also that the case was bifurcated as to Phase One of which being necessity of
taking and Phase Two being full and just compensation. ....
The Case Management Conference will be held December 23,'1985 in Melbourne,
Florida at which all attorneys will be present.
Mr. McIntosh explained the case had taken an unusual turn because the three judges
in Seminole County had reclused themselves. The Chief Judge of the 18th Judicial Circuit
has assigned Senior Judge Thomas Waddell, as the presiding judge pr-operly appointed.
Further in his opinion, the Bar and Jurists throughout Florida looks upon Judge Waddell as
being most qualified. Mr. McIntosh explained having worked with Judge Waddell over twenty
years, he is a strict constructionist, and will give this case a fair and impartial
decision, and there would be no reason to seek intervention of the Chief Judge of the
Supreme Court of the State of Florida to assign to someone outside the circuit.
The Commission expressed confidence with City Attorney Colbert and Attorney
McIntosh.
There being no further business, the meeting was adjourned.
ATTEST:
c---/ / CITY CL~/
U- ~A Y O R
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