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• 3 <br /> 1 <br /> 2 Mr. McDonald reported further that: <br /> 3 *at the EPA meeting he and Mr. Childs had attended the previous <br /> 4 night, he had talked to Mr. Skallerud who had told Mr. McDonald <br /> 5 it had been at the direction of the New Brighton Council that he <br /> 6 had not answered his letter; <br /> 7 *he had received no official notification of that Council action <br /> 8 but was considering approaching the Special Master to draw his <br /> 9 attention to the fact that New Brighton was not cooperating with <br /> 10 St. Anthony as Short had directed; <br /> 11 *said he sensed Mr. Skallerud was "a little bit troubled on how he <br /> 12 was going to defend New Brighton' s actions. " <br /> 13 Councilmember Ranallo said he perceived New Brighton didn' t want to <br /> 14 cooperate with St. Anthony at all. Mr. McDonald said he didn' t know if <br /> 15 he could push the issue further but at least if a final decisions turns <br /> 16 out to be bad for St. Anthony, the City would have gone on record as <br /> 17 having never been given it. That way, the City could never be accused <br /> 18 of waiting too long to seek the information it needed. <br /> 09 Councilmember Makowske asked whether Special Master Short was the son <br /> 20 of Robert Short. Mr. McDonald said he was and added that he had <br /> 21. previously been a Federal Magistrate working for federal judges , but <br /> 22 have given up those duties to manage his family estate. However, the <br /> 23 Special Master does take special cases, including some environmental, <br /> 24 which Mr. McDonald had worked with him in the past. <br /> 25 Mr. McDonald backtracked by saying Briggs and Morgan had submitted a <br /> 26 discovery motion about six months ago related to the restrictive action <br /> 27 Honeywell was taking connected to releasing pertinent documents. The <br /> 28 magistrate at that time had been a different person than Brian Short and <br /> 29 ruled in favor of St. Anthony. The ruling was appealed to Judge Renner <br /> 30 who also ruled in favor of the City, forcing Honeywell to turn over the <br /> 31 documents St. Anthony was looking for. At the same time, the discovery <br /> 32 hearing had been held the defendants asked for the appointment of a <br /> 33 special Master because they perceived the need for someone who would <br /> 34 give individualized attention to the issues, he said. The City had been <br /> 35 worried about having to pay further costs for another judge because he <br /> 36 charges the parties for any work he does. These costs are capped at <br /> 37 $50,000 with St. Anthony having to pay 7-1/2% (or about $3 ,600.00) . <br /> 38 Mr. McDonald indicated he thought there were real advantages in having <br /> 39 Short for the Special Master, including the fact that he is a very <br /> 40 decisive person and could give more attention to the case than the <br /> 41 previous magistrate, who had too many other cases. The first judge had <br /> W2 not wanted to take the class action case which is still pending and now <br /> 3 the City has Short, who has established a time schedule and is pushing <br /> 44 <br />