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HomeMy WebLinkAboutIII (A) Acceptance and Approval of MInutes of the Regular Meeting held Novemeber 7, 1995 and Canvassing Board Meeting of November 8, 1995 AGENDA 11-21-95 -� Item III A . C MINUTES OF THE CITY OF OCOEE CITY COMMISSION MEETING HELD November 7, 1995 CALL TO ORDER Mayor Vandergrift called the regular meeting to order at 7:30 p.m. The Rev. Arthur Dasher, West Orange Christian Service Center, delivered the prayer and Mrs. Frances Watts led the pledge of allegiance. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift, Commissioners Foster, Glass, Gleason, and Johnson. Also present were City Manager Shapiro, City Attorney Rosenthal, Administrative Services Director Beamer, City Engineer/Utilities Director Shira, Personnel/Employee Relations Director Psaledakis, Building/Zoning Official Flippen, Planning Director Wagner, Police Chief Mark and City Clerk Grafton. ABSENT: None PRESENTATIONS Certificates of Recognition were presented to Eagle Team Teachers: Debbie Nostro, Laurie Boculac, Lue Bastin, and Mike Boculac for assisting 150 seventh graders in turning a run down graffiti covered building on Ocoee-Apopka Road into a community project, collecting donated materials and painting the building. Anti-Litter Campaign Contest for Elementary School Children-Recognition of Winner and Honorable Mention to Other Contestants in the City of Ocoee. Commissioner Glass presented the following awards to Ocoee students who took part in the contest with their letters to a family member regarding what they can do to solve the litter problem: Sally Davignon, Windermere Elementary School 5th grader, was awarded a$100 savings bond and the following eight winners received a $50 savings bond: Regina Chung, Spring Lake Elementary, 4th grade Danielle Miller, Ocoee Elementary, 2nd grade Sara Rew, Clarcona Elementary, 5th grade Jose Rivera, Ocoee Elementary, 3rd grade Joseph Scott, Windermere Elementary, 3rd grade Felicia Spangler, Spring Lake Elementary, 4th grade Jennifer Tejada, Windermere Elementary, 5th grade Britni Wilson, Clarcona Elementary, 5th grade. Certificates of Recognition and a reusable lunch bag printed with the anti-litter slogan were sent to the remaining 29 finalists. Plaque of Appreciation - Commissioner Foster. Mayor Vandergrift presented a Plaque of Appreciation to Commissioner Foster for his many years of service to the community and especially for his years as Commissioner. Commissioner Foster spoke briefly thanking citizens for the honor of representing them. Christian Service Center The Rev. Arthur Dasher gave the history of the West Orange Christian Service Center and listed the services that will be under one roof since, through the generosity of the Dr. Phillips L-tA Ocoee City Commission Regular Meeting Llu November 7, 1995 Foundation, they have been able to purchase the Tru Value Store on Taylor/Franklin Streets. He said the new name will be "The Life Center" and he asked for volunteers, both in the service center and for the barbecue they are holding December 2 beginning at 11:00 a.m. RECESS 8:15 P.M. TO 8:26 P.M. CONSENT AGENDA The consent agenda consisted of items A, B, C, D, E, F, G, H, and I. Mayor Vandergrift pulled item E and F for discussion. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve items A, B, C, D, G, H. and I of the consent agenda. Motion carried 5-0. A. Acceptance and Approval of Minutes of the Regular Meeting held October 17, 1995 and Final Budget Special Session of September 20, 1995. B. Acceptance and Authorization for Mayor and City Clerk to execute Architectural Contract with Jim Swickerath for Lakefront Restrooms. C. Approval and Authorization to purchase additional FCIC II/NCIC 2000 Computer Workstation along with the one authorized August 15, 1995 from Forfeiture Fund for a not-to-exceed cost of $5,500 (2 for 1 price offered). D. Approval and Authorization for Mayor and City Clerk to execute an Interagency Agreement between Ocoee Police Department and Orange County SHOCAP. G. Approval and Authorization for Planning Director Russ Wagner to serve as primary voting member and Planner Abra Dow as alternate voting member of the Orlando Urban Area MPO's Transportation Technical Conunittee. H. Approval and Authorization for Final Fund Transfers for FY95. I. A. •royal and Authorization for Waiver of All Rezonin' and S'ecial Exce'tion Fees Related to the First Church of the Nazarene, Inc. E. Approval and Authorization for Mayor and City Clerk to execute Agreement re: City Manager Shapiro's Contract. Following a discussion clarifying that the payment to Mr. Shapiro's retirement fund would be based only on the salary paid and that Mr. Shapiro wished to be able to receive calls from prospective employers during regular working hours, Commissioner Gleason proposed that a selection process be started to prepare for Mr. Shapiro's replacement. Commissioner Glass indicated that might be premature as Mr. Shapiro has not yet been employed elsewhere and staff could carry on in the interim should that happen eventually. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve and authorize the Mayor and City Clerk to execute the Agreement re City Manager Shapiro's Contract as presented. Motion carried 5-0. F. Approval and Authorization for Mayor and City Clerk to execute Interlocal Emergency Water Interconnect Agreement with Orange County. 2 r1 ° n r-2 'u Ocoee City Commission Regular Meeting November 7, 1995 Mayor Vandergrift asked if the flow is both ways with this water interconnection. City Engineer Shira responded that the flow direction is presently toward the City and the County will put in a meter going the other direction as funds allow. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve and authorize the Mayor and City Clerk to execute the Interlocal Emergency Water Interconnect Agreement with Orange County as presented. Motion carried 5-0. COMMENTS FROM CITIZENS/PUBLIC Mr. Jim Sills, representing the Lions Club, asked that the FDOT be contacted to close the roads for the Christmas parade on December 2 at 10:00 a.m.. Mayor Vandergrift, seconded by Commissioner Glass, moved to authorize staff to request permission to close the roads for the parade. Motion carried 5-0. PUBLIC HEARINGS ORDINANCE No.95-27,AMENDING ORDINANCE No.93-18 REGARDING PERSONNEL RULES AND REGULATIONS PERTAINING TO EDUCATIONAL INCENTIVES. This Ordinance was presented by title only for the second reading and public hearing. Personnel Director Psaledakis gave the staff report and advised that this amendment (1) provides that the elected/appointed members of the Educational Committee should be selected on an annual basis , (2) ends the requirement for repayment of part of the incentive funds for grades B and C, and (3) contains various changes in the routine process of applying/notifying, etc. She pointed out also that the selected Commissioner and employee committee members should be replaced or reappointed. The public hearing was opened. As no one wished to speak, the public hearing was closed. Commissioner Foster, seconded by Commissioner Johnson, moved to adopt Ordinance No. 95-27 as presented. Motion carried 5-0. FIRST READING OF ORDINANCE No. 95-28, RELATING TO SIGNAGE. SECOND READING AND PUBLIC HEARING WILL BE NOVEMBER 21, 1995. This Ordinance was presented by title only for the first reading and public hearing. The public hearing was opened. The question was raised regarding the effective date, and City Manager Shapiro advised that staff really needed some lag time between adoption and effective date in order to prepare the paperwork and that an effective date of January 1, 1996 would provide that needed time. Mayor Vandergrift, seconded by Commissioner Gleason, moved to amend Section 11 of Ordinance No. 95-28 to change the effective date to January 1, 1996. Motion carried 5-0. 3 T �, Ocoee City Commission Regular Meeting November 7, 1995 Mr. R.P. Mohnacky, 1820 Prairie Lake Boulevard, asked if there would be any warning to citizens about the changes in the rules. City Manager Shapiro advised that an information packet would be sent to developers/businesses, etc. to make an easy transition. Building Official Flippen said that the City generally does not fine offenders immediately, only repeat offenders. Code Enforcement Chairman Sills confirmed that offenders are given ample time and opportunity to comply before they are brought before the Board to be fined. The public hearing was closed. Mayor Vandergrift announced that the second reading and second public hearing would be held November 21, 1996 in the commission chambers at 7:30 p.m. OTHER BUSINESS LEASE/PURCHASE OF MOTOROLA 800 MHz RADIO SYSTEM. City Manager Shapiro advised that this radio system is state of the art and will mean that the City will no longer have communication problems. He explained that Orange County did not have room for the City of Maitland on their system, so that city purchased their own and a meeting is scheduled for November 13 to determine if the City of Ocoee will be able to purchase 1/3 of their system. In response to Mayor Vandergrift's question about the $4.00 surcharge voted on to cooperate with Orange County to help pay for this system, Administrative Services Director Beamer responded that it has been used to pay for the Fire 800 MHz system and it would be switched to the Police system. R. P. Mohnacky asked if there will be a lot of towers and suggested using satellite. Mr. Eric Wapole, Motorola Account Manager, responded that technology has not advanced that far yet and the City will be using towers already in place for the County. INTERLOCAL AGREEMENT WITH ORANGE COUNTY. Commissioner Foster, seconded by Commissioner Johnson, moved to a I 'rove the O.erational Assistance Agreement between the City of Ocoee and Orange County and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. COMMUNICATIONS SYSTEM AGREEMENT. Commissioner Johnson, seconded by Commissioner Glass, moved to approve the Communications System Agreement between Motorola, Inc., by and through its Land Mobile Products Sector, and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. SOFTWARE LICENSING AGREEMENT. 4 C F, L Ocoee City Commission Regular Meeting ..J Lu L-L1 (J' U November 7, 1995 Commissioner Gleason, seconded by Commissioner Foster, moved to a. .rove the Software License A•reement between Motorola, Inc. and the City of Ocoee and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. SERVICE CONTRACT. Commissioner Glass, seconded by Commissioner Johnson, moved to approve the Service Agreement with Motorola Communications and Electronics, Inc. and authorizing execution by the Mayor and City Clerk. Motion carried 5-0. RESOLUTION No. 95-22, LEASE/PURCHASE AGREEMENT. This Resolution was presented by title only. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve the staff recommendations set forth in Ms. Beamer's memorandum dated October 30, 1995, i.e., (1) approve the transfers from Water Contingency ($8,143.67), Wastewater Contingency ($8,143.67) and Stormwater Contingency ($813.06) to the respective Capital line items for the purchase in full of their equipment; (2) accept the lease with Riverside National Bank with the terms being five years at an effective annual rate of 5.828% and quarterly payments in advance of $41,0089.37; (3) approve Resolution No. 95-22; and (4 authorize the Mayor and City Clerk to execute all the necessary documents. Motion carried 5-0. RESOLUTION No.95-23,LEASE/PURCHASE AGREEMENT FOR 1995/1996 LODAL EVO-MAG- 20 SIDELOADER, SOLID WASTE. This Resolution was presented by title only. Administrative Services Director Beamer gave the staff report and said that this purchase will enable the City to complete the cart system city- wide in February. Mayor Vandergrift, seconded by Commissioner Gleason, moved to approve the staff recommendation in Ms. Beamer's staff report dated October 30, 1995, i.e., (1) approve the lease/purchase agreement with Riverside National Bank for five years at 5.828% effective annual interest rate and quarterly payments in advance of $6,634.54, (2) approve Resolution No. 95-23 and leasing agreement, and (3) authorize the Mayor and City Clerk to execute all of the necessary documents. Motion carried 5-0. WITHERS MAGUIRE HOUSE Change Orders 1&2 to Mitchell Building Contractors, Inc. for Phase III. Administrative Services Director Beamer gave the staff report and requested approval of the change orders. She said that the total cost of the renovation of the interior was $208,791.30. Commissioner Gleason, seconded by Commissioner Glass, moved to accept the previously authorized Change Order 1 in the amount of$2,726,30 to Mitchell Building Contractors, Inc., and (2) approve Change Order 2 to Mitchell Building Contractors, Inc. for $1,813.00; (3) authorize the Mayor and City Clerk to execute Change Order 2; (4) approve the transfer of $3,121.69 from FY96 001-511-4620 to Fund 607; and (5) close-out Phase III of the Withers- Maguire Renovation with completion of all the proposed tasks. Motion carried 5-0. 5 LiU Ocoee City Commission Regular Meeting November 7, 1995 APPROVAL OF MAINTENANCE AGREEMENT WITH MITCHELL BUILDING CONTRACTORS IN THE AMOUNT OF$4,878. Commissioner Gleason. seconded by Commissioner Foster, moved to approve the Maintenance Agreement with Mitchell Building Contractors, Inc. for a not-to-exceed the amount of $4,878.00. Motion carried 5-0. RESOLUTION NO.95-24,ESTABLISHING OCOEE HISTORICAL COMMISSION AS CURATOR OF THE WITHERS MAGUIRE HOUSE MUSEUM AND AUTHORIZING THEIR ROLE IN MAKING RECOMMENDATIONS IN OTHER HISTORICALLY SIGNIFICANT AREAS. Ms. Beamer noted that Resolution No. 85-4 recognized the Ocoee Historical Commission, Inc. as the official body designated to be responsible for making recommendations for the restoration of the Withers-Maguire House, and that this Resolution would enlarge the scope of their responsibilities to include curator of the Withers-Maguire House as a museum (grant requirement). City Attorney Rosenthal read the title of the Resolution. Mayor Vandergrift, seconded by Commissioner Gleason, moved to adopt Resolution No. 95-24 as presented. Commissioner Glass raised the question of whether the Ocoee Historical Commission was affected by the Sunshine Law at all meetings. City Attorney Rosenthal responded that they were when they were acting in an advisory capacity to the City Commission, but not when they were pursuing their other interests with the Historical Commission and he had provided them with a memorandum advising them of that fact. Commissioner Glass expressed concern that the Historical Commission would be subjected to the rigors of operating under the Sunshine Law unnecessarily, and suggested deleting Section 4. City Attorney Rosenthal proposed deleting Section 4 as suggested and taking the time to review the Financial Disclosure Law and the Sunshine Law and come back at a later date with an appropriate resolution. Ms. Beamer advised that many of the accomplishments achieved in the last few years had been made possible because of the efforts of the Historical Commission and those efforts had saved many dollars and staff time. Mrs. Betty Ervine, president of the Historical Commission, said she understood the Sunshine Law and the Financial Disclosure, but she felt it was important for them to be officially designated so they can advise the Commission regarding other properties that should be considered historical sites. Commissioner Glass. seconded by Commissioner Gleason, moved to amend the Resolution to delete Section 4. Motion carried 5-0. Mayor Vandergrift then called for the vote on the original motion to adopt Resolution No. 95-24 as amended and motion carried 5-0. Commissioner Glass. seconded by Commissioner Gleason, moved to bring back the issue of Section 4 for action no later than the first meeting in January (January 2, 1996). Motion carried 5-0. WITHERS-MAGUIRE HOUSE MUSEUM OPERATION AGREEMENT BETWEEN THE CITY OF OCOEE AND THE OCOEE HISTORICAL COMMISSION, INC. Ms. Beamer reviewed the particulars of the Agreement. Commissioner Glass, seconded by Commissioner Gleason. moved to approve the Withers-Maguire House Museum Operation 6 c ` C r J .JJ Ocoee City Commission Regular Meeting November 7, 1995 Agreement with its exhibits and attachments by and between the City of Ocoee and the Ocoee Historical Commission, Inc. and authorize execution by the Mayor and City Clerk. Motion carried 5-0. Mayor Vandergrift recognized the members of the Ocoee Historical Commission, Inc. who were present. DISCUSSION ON USE OF THE WITHERS-MAGUIRE HOUSE AS A MUSEUM. Ms. Beamer had provided the plaque that will be attached to the House and it was displayed for the camera to project. Ms. Beamer then introduced Nancy Maguire who talked about the use of the House. Ms. Maguire then announced open house Friday, December 15, 5:00-7:00 p.m. for the West Orange Chamber of Commerce and Sunday, December 17, 2:00 - 5:00 p.m. for the general public. Commissioner Glass, seconded by Commissioner Gleason, moved approval of the Curator's approach to accession for the Museum collection and direction for the Curator to proceed. Motion carried 5-0. City Attorney Rosenthal noted that the deletion of Section 4 in Resolution No. 95-24 would require corrections in the title and some of the whereas clauses and he would make those adjustments consistent with the amendment. STAFF REPORTS Mr. Rosenthal announced the seminar covering the Sunshine Law, Public Records, quasi-judicial communications, ex-parte communications, and new Property Rights Act for the Boards on Monday, November 13 at 7:00 p.m. in the Commission Chambers. COMMENTS FROM COMMISSIONERS Commissioner Johnson: 1) Said he thought it inappropriate that the assistant fire chief position was being offered at such a low salary that it could not be found attractive by current employees and he suggested moving it up to the next grade in salary. City Manager Shapiro responded that moving it up would skew the pay scale for other departments and he would prepare a review for Commission. 2) Congratulated Commissioner Gleason on his reelection and said he would save his words for Commissioner Foster until the next meeting. Commissioner Foster: Said he would save his two hour monologue for the next meeting. Commissioner Glass: 1) Said the pedestrian crossing signal ordered for Silver Star/Bluford intersection was ready but installation had been delayed because Orange County's bucket truck is out of service. 7 Ocoee City Commission Regular Meeting U L�1 LI u November 7, 1995 2) Condolences (not what he said but a publishable substitution for it) to Fla. State fans and congratulations to Coach George Welsh at the University of Virginia Cavaliers (his Alma Mater). 3) Announced the basketball game to promote awareness of the Anti-Litter Campaign between the City and Middle School Staff Thursday, November 9 at 7:00 p.m. Commissioner Gleason: 1) Reported that Silver Glen residents are concerned re: street problems that should be corrected by the developer before the residents take over the streets December 31, 1996. City Manager Shapiro said that the Homeowner Association representatives should meet with him on site and then he would have a meeting to determine what action should be taken, 2) Last Saturday local scouts placed bags at front doors for citizens to fill with food (canned and dry goods) and they will pick them up next Saturday morning. 3) Asked if a tentative date has been set for the drainage workshop. Mr. Shapiro responded that he would get the information to Commission in about 5 days. 4) Expressed appreciation to citizens who voted/helped/volunteered in the election, and, noting the small turnout, said something has to happen to stir citizens from their apathy. Mayor Vandergrift: 1) Announced that the Charter Study is coming up soon. 2) Reported that he had visited West Orange High School for a luncheon for students from Moldova and they had given him a gift that is on display in the lobby in City Hall. 3) Noted that elections date must be set for next year. 4) Complimented staff and the Historical Commission and staff and the 800 MHz radio system. 5) Announced the public hearing for Health Central tax district Wednesday at 3:00 p.m. City Manager Shapiro announced the Veteran's Day Program Saturday, November 11 at 11:00 a.m. at the gazebo and that there would be a massive sanitation pickup as well for those citizens whose regular pickup days are Monday and Thursday. ADJOURNMENT The meeting adjourned at 10:20 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 8 (� jj AGENDA11-21-95 jItem III A jJIJ j MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD NOVEMBER 8, 1995 CALL TO ORDER - Mayor Vandergrift The Canvassing Board was called to order at 12:10 p.m. by Mayor Vandergrift in the Ocoee Commission Chambers Conference Room. The roll was called and a quorum declared present. PRESENT: Mayor Vandergrift and Commissioner Glass. Also present were City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton, Deputy City Clerk Green, Commissioner Gleason and Mrs. Gleason, and Sentinel Reporter Jim Stratton. ABSENT: Commissioner Johnson. COUNTING OF ABSENTEE BALLOTS City Clerk Grafton reported that thirty two (32) absentee ballots had been requested from the Supervisor of Elections' office for this election. (See attached list which was read into the record). Twenty five (25) absentee ballots had been returned to the Supervisor of Elections' office and one (1) had been returned to the City Clerk's office making a total of twenty six (26) absentee votes to be considered. She reported that in District 2 of the eight (8) absentee ballots requested, six (6) had been returned, and that the Supervisor of Elections' office had questioned two (2) of the signatures: Mary A. Hill's signature did not match the signature on file and Mr. R.E. Wetherington's signature was unusual and had been placed on line 1 instead of the space provided. Upon comparing the signatures with the photocopy of the file signatures provided by the Supervisor of Elections, consensus was reached that Mrs. Hill's signature should be accepted as valid, but Mr. Wetherington's should be rejected as invalid, leaving five (5) absentee ballots accepted as valid by the Canvassing Board to be counted for District 2. In District 4 there were twenty four (24) absentee ballots requested and twenty (20) had been returned. The ballot submitted by J. T. Hogan had no voter signature on the outside and was rejected for that reason, leaving nineteen(19) valid ballots for District 4. None of the remaining signatures in the District 4 absentee ballots had been rejected by the Supervisor of Elections office and they were accepted as valid by the Canvassing Board. City Clerk Grafton read the list of ballots accepted as valid which follows: District #2: Frank R. Fuller, Mary P. Hill, William E. M. McCallister, Jr., Beatrice B. Miller, Tanya C. Miller, John P. Richardson, and Mary E. Wetherington. District #4: Eric Barnett, Daniel B. Butler, Frederick Godwin, Katherine Hayes, William P, Hayes, June Kleier, Robert E. Kleier, Joseph P. Lenkowski, A. Marshall, Virginia H. Marshall, Marcus Mininger, Betty T. Peeples, Lloyd C. Peeples, Angela M. Saul, David C. Williams, Linda J. Williams, Robert Douglas Wilson, Margaret H. Zurakowski, and Paul Zurakowski. The ballots were divided into districts, opened by the Board and separated from the identifying envelopes. The envelopes were put away and the ballots were then stirred and removed from the secrecy envelopes. Mayor Vandergrift read the votes from the ballots while Commissioner Ocoee City Commission Canvassing Board November 8, 1995 Glass, City Clerk Grafton and several others marked separate tally sheets. At the end of the reading the tally sheets showed the following distribution of absentee votes: District #2: Scott Anderson 0 Robert "Papa" Duquette 1 Mike McEvers 3 Robert W. (Bob) Williams 1 5 votes cast District #4 Jim Gleason 15 Richard T. Roderick 4 19 votes cast CERTIFICATION OF ELECTION RETURNS. The tapes from the voting machine were compared and found to be alike, both showing that the machine was closed at 7:11 p.m. and totals were printed, that 751 votes had been cast, with 750 valid ballots and 1 ballot undervoted in District #4. The totals were then read into the record. The table below shows the results of the election to be certified by the Canvassing Board. MACHINE INVALID OFFICE VOTE ABSENTEE ABSENTEE TOTAL COMMISSION SEAT #2: Scott Anderson 98 0 - 98 Robert "Papa" Duquette 51 1 - 52 Mike McEvers 19 3 - 22 Robert W. (Bob) Williams 94 1 - 95 SUBTOTALS 262 5 - 267 actual Outstacks 0 - 1 TOTALS 262 5 1 268 attempted • 2 E Ocoee City Commission Canvassing Board November 8, 1995 MACHINE INVALID OFFICE VOTE ABSENTEE ABSENTEE TOTAL COMMISSION SEAT #4: Jim Gleason 374 15 - 389 Richard T. Roderick 114 4 - 118 SUBTOTALS 488 19 - 507 actual UNDERVOTE 1 - 1 TOTALS 489 19 1 509 attempted District #2 262 5 1 268 District #4 489 19 1 509 GRAND TOTALS 751 24 2 777 City Clerk Grafton read a letter from Candidate Mike McEvers challenging the count of the machine vote and requesting a recount, as he believed that the voting machine may have been out of calibration from being transported to the election site. He stated that more people than indicated by the count had stated to him that they had voted for him. City Attorney Rosenthal read the statutory criteria in terms of whether or not the Board should order a recount, i.e., "if the returns from any precinct are missing, if there are any omissions on the returns from any precinct, or if there is an obvious error on any such returns. Also, if one-half of one percent, or less, of the votes are cast, in terms of the difference between the candidates, which would not be the case here. If a protest is filed by a candidate or a qualified voter prior to the time of adjournment of the Board, the protest must allege an error in the returns. Upon receipt of the protest, when the electronic equipment is used, which is the case here, precinct records and election returns may be examined. This is discretionary. If there is a clerical error, such error shall be corrected by the Board. If there is a discrepancy which could affect the outcome of an election, the Board may recount the ballots on the automatic tabulating equipment. The issue is whether the Board feels any information has been presented which would fall into any of those categories authorizing a recount." Mayor Vandergrift asked about the testing process for the record. City Clerk Grafton stated that she had been present at the testing at the Supervisor 3 fin [-U Ocoee City Commission Canvassing Board November 8, 1995 of Elections' warehouse and the machine used in this election had tested accurately. She stated further that it was the custom to hold the testing at that site and then transport the machines by truck to the polls and she had not been advised that such transporting had ever caused a machine to malfunction. City Attorney Rosenthal pointed out that, should this Board decide to reject the protest, Mr. McEvers would have the right of appeal to the Circuit Court and such appeal would require an allegation of fraud. Commissioner Glass noted that Mr. McEver's protest did not contain any allegations of any specificity and there was nothing to indicate that anyone observed any tampering or jolting/jiggling of the machine. Commissioner Glass, seconded by Mayor Vandergrift, moved to reject the challenge. Motion carried 2-0. City Clerk Grafton read into the record the final tally as stated above. Commissioner Glass, seconded by Mayor Vandergrift, moved to certify the election as official. Motion carried 2-0. ADMINISTRATION OF OATH TO COMMISSIONER DISTRICT 4. Commissioner Gleason was sworn in by City Clerk Grafton. ADJOURNMENT The meeting adjourned at 12:35 p.m. APPROVED: Attest: City of Ocoee Jean Grafton, City Clerk S. Scott Vandergrift, Mayor 4