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