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020386-Special Session MINUTES City Commission, Sanford, Florida 296 February 3, __19 86 The City Commission of the City of Sanford, Florida, met in Special Session in the Commission Chambers in the City Hall in the City of S'anford, Florida, at 10.-00 o'clock A. M. on February 3, 19865. Present: Mayor-Commissioner Bettye D. Smith Commissioner John Y. Mercer Commissioner Milton E. Smith Commissioner David T. Farr Commissioner Bob Thomas City Attorney William L. Colbert City Manager Frank A. Faison City Clerk H. N. Tamm, Jr. The meeting was called to order by the Chairman. The Mayor stated she had called the meeting on the recommendation of the City Manager and the City Attorney for the purpose of amending the minutes of the Special MeeLing of November 8, 1985, to accurately represent the vote of each member of the City Commission on Resolution No. 1427 on the official record of that meeting. The City Manager advised that written notice had been hand delivered to each Commissioner more than twenty-four hours in advance of the meeting; that the Notice had been posted at City Hall and on the outside of other public buildings in the City; that the press had been advised of the meeting and the local radio station had been announcing the meeting on Sunday and Monday. The City Attorney reported that pleadings and legal memoranda filed on Friday afternoon January 31, 1986, raised an issue not previously disclosed. The issue concerned the technical point of whether the City failed to comply with the Statutes requiring the vote of each member to be entered on the official records of the meeting. The City Attorney stated the proceedings and minutes of November 8, 1985, appear to comply with the City Charter, but arguably fail to fully comply with the Statute. The question could be eliminated by amending the 0'fficial minutes of the NoVember 8, 1985, meeting nunc pro tunc so that the minutes would speak the truth, i.e.,i~the official minutes would reflect that each member of the City Commission in attendance at the meeting had voted yea concerning the passage of Resolution No. 1427. The courts have held such an amendment is clearly proper and has the same effect as if regularly done. The City Attorney and the City Manager jointly recommended that the minutes of the November 8, 1985, meeting be amended to reflect that each City Commissioner in attendance voted yea concerning the passage of Resolution No. 1427. After discussion, Commissioner Farr moved that the minutes of the Special City Commission meeting held on November 8, 1985, be amended nunc pro tunc to speak the truth by recording the vote of each commissioner on Resolution No. 1427 as follows: Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Absent Yea Yea Yea and that the City Clerk be directed to make appropriate entries on the official minutes of that date. The motion was seconded by Commissioner Mercer and a roll Call vote was taken as follows: 297 MINUTES City Commission, Sanford, Florida February 3, 19 86 Commissioner Mercer Commissioner Smith Commissioner Farr Commissioner Thomas Mayor Smith Yea Yea Yea Yea Yea Whereupon the City Clerk was instructed to immediately prepare the minutes of the meeting of February 3, 1986, for review and adoption by the City Commission. After a brief recess, the City Clerk returned and distributed the minutes of the meeting to the City Commissioners. Commissioner ~-~ 3, 1986, seconded by Commissioner moved to approve the minutes of the meeting of February ~o~ and a roll call vote was taken as follows: Commissioner Mercer Commissioner Smith Commissioner Fart Commissioner Thomas Mayor Smith There being no further business, the meeting was adjourned. ATTEST: ~qA Y 0 R ~ ~ C~LT~¥- cLERK F