HomeMy WebLinkAboutItem III (A) Acceptance and Approval of Minutes of the Regular Meeting held December 6, 1994, and Canvassing Board Meeting held November 30, 1994 AGENDA 12-20-94
Item III A
MINUTES OF THE CITY OF OCOEE BOARD OF CITY COMMISSIONERS
REGULAR MEETING HELD December 6, 1994
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:30 p.m. in the commission
chambers. Commissioner Foster led in the prayer and Mrs. Frances Watts led in the
pledge of allegiance to the flag. 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, Planning
Director Wagner, Recreation Director Beech, Fire Chief Strosnider, and City
Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS - None
CONSENT AGENDA
The consent agenda consisted of items A and B. Commissioner Gleason, seconded by
Commissioner Glass, moved to approve the consent agenda as presented. Motion carried 5-0.
A. Acceptance and Approval of Minutes of the Regular Meeting held
November 15, 1994, and Work Session held November 15, 1994.
B. Approval and Authorization to reimburse Titan APS, Inc. $19,000 from the
proceeds of the 1993 Series A bond issue for water line oversizing from 8" to
12" for Shoal Creek Subdivision.
COMMENTS FROM CITIZENS/PUBLIC
Mr. R. P. Mohnacky, 1820 Prairie Lake Boulevard, asked about the ditching along Prairie
Lake Boulevard following the heavy rains. City Manager Shapiro advised that there had been
more water in the pipes than they could contain and the pressure blew out the railroad tracks.
Public Works is replacing the grass, the railroad is replacing the tracks, and there will be a
report in writing available in a few weeks. Mr. Mohnacky also asked that research be done
about the water still running under Sherwood Oaks. Mr. Shapiro advised that this would have
low priority compared to the other problems around town.
Commissioner Vern Combs, 310 Sabinal Street, thanked Commissioners and staff with whom
he had worked during the last six years, as well as his supporters in the recent campaign.
Commissioner Combs addressed a few remarks to the Mayor. He also said that a young man
had made some strong statements to him regarding a charter change and Commissioner Combs
stated for the record that as long as he lives there will not be a charter change to do away with
the City Manager position.
Ocoee City Commission Regular Meeting
December 6, 1994
PUBLIC HEARINGS
City Attorney Rosenthal advised that item VI C, a resolution abandoning and vacating a portion
of Lake Lotta right-of-way, had been advertised as a public hearing, but was inadvertantly
placed under Other Business on the agenda. That item was moved to this position in the
meeting.
RESOLUTION NO. 94-34, ABANDONING AND VACATING A PORTION OF LAKE
LOTTA RIGHT-OF-WAY.
This resolution was presented by title only. The public hearing was opened. As no one wished
to speak, the hearing was closed.
Mr. Harold Scherer, representing the land owners, said that the southerly portion of the strip
had not been annexed into the City and so was not included in the request to vacate, but that the
northerly portion goes down to the water line of the lake and that is the portion to be vacated.
The question was raised whether by abandoning this right-of-way this portion would be a used
as an access road from the proposed multi-family area of the Lake Lotta P.U.D. City Manager
Shapiro responded no for the record, as there will be no out-road at all for the Mall or multi-
family area to Good Homes Road.
Mayor Vandergrift, seconded by Commissioner Foster, moved to adopt Resolution No. 94-
34, abandoning and vacating that certain fifteen foot unnamed road right-of-way abutting the
eastern property line of Tract 17, Orlando Groves Association Lake Lotta Groves Subdivision,
as presented. Motion carried 5-0.
OTHER BUSINESS
ST. PAUL'S PRESBYTERIAN CHURCH - REQUEST FOR REFUND.
Planning Director Wagner presented the staff report, explaining that it had been the City's
custom to waive fees for church sponsored rezonings and special exceptions, but that due to the
need for a prompt review of their request to build a modular classroom building on their site,
St. Paul's Presbyterian had paid the fees rather than wait several weeks to request a waiver.
Commissioner Foster, seconded by Commissioner Johnson, moved to refund all fees related
to the St. Paul's Presbyterian Church Special Exception amendment as requested. Motion
carried 5-0.
RESOLUTION NO. 94-33, AMENDMENT TO STATE-WIDE MUTUAL AID
AGREEMENT.
This resolution was presented by title only. Fire Chief Strosnider gave the staff report and
explained that this resolution would modify the Statewide Mutual Aid Agreement by providing
that each county or municipality would be exclusively responsible for its own workers'
compensation claims when responding to another entity's emergency/disaster call.
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Ocoee City Conunission Regular Meeting
December 6, 1994
Commissioner Gleason, seconded by Commissioner Glass, moved to adopt Resolution No. 94-
33, amending the State-Wide Mutual Aid Agreement, as presented. Motion carried 5-0.
GRANTS FOR NON-PROFIT ORGANIZATIONS.
City Manager Shapiro explained that it has become the policy to invite non-profit organizations
to submit their requests for funds at the same meeting rather than submitting them individually
throughout the year. He pointed out that $7,500 had been budgeted for this item and the total
amount requested by those who responded to the invitation was $15,555.
After individually reviewing the list and making suggestions for donations, consensus was
reached to allocate the funds in the following manner:
Christian Service Center $ 500.
We Care Crisis Center 500.
Ocoee Middle School-
Student Achievement Program ----
Ocoee Elementary School-
Button Assembly Program ----
Toys for Tots 600.
Citrus Council of Girl Scouts, Inc. 1,500. (all girl scouts)
Boy Scouts (all boy scouts) 1,500.
Ocoee Kids, Inc. 700.
American Legion #109 300.
Seniors First 1,000.
West Orange Girls Club 500.
YMCA 250.
West Orange High School Band 400.
TOTAL $7,350.
There was discussion about granting the schools money for projects, as both Ocoee Elementary
and Ocoee Middle School had made requests. Commissioner Gleason asked why Spring Lake
Elementary was not included. City Manager Shapiro advised that they had not responded to
the letter that was sent out to those who had requested funds in the past, while Ocoee
Elementary and Ocoee Middle School had. Commissioner Glass noted that it was possible that
the elementary schools in Windermere, Clarcona, Tildenville and Maxey in Winter Garden
should be included as they serve Ocoee children as well and were not on the list because they
had not asked for funds previously. Commissioner Johnson said that the funds should go to
Ocoee students in whatever school they are enrolled. City Manager Shapiro said that he could
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Ocoee City Commission Regular Meeting
December 6, 1994
poll the schools and determine the number of Ocoee students served in each school and distribute
whatever amount commission decides upon per capita.
Mr. Ray Cooper, 46 Coral Key Drive, Mr. Bart Rostiser, 90 Circle Key Drive, and Mr.
Harold Switzer, 609 E. Lakeshore Drive, each addressed Commission regarding the grants.
Commissioner Gleason seconded b Ma or Vander ift moved to a I 'rove the amount a.reed
us on above with the su. .lemental amount su. ested b Ci Mana er Sha.iro to be s rorated
amongst the schools based on the population of Ocoee students in the schools with the total not
to exceed $9,500, and with the additional $2,000 not already budgeted to come from General
Fund Contingency. Motion carried 4-1 with Commissioner Foster voting "No."
Commissioner Glass, seconded by Mayor Vandergrift, moved to amend the above motion to
read that, at the discretion of the Commission after the information has been provided by Staff,
the matter of the amount granted to each school may be readdressed. Motion carried 5-0.
ELECTION OF MAYOR PRO TEM.
Commissioner Gleason, seconded by Commissioner Foster, nominated Commissioner Johnson
to serve as Mayor pro tern for the next year. Motion carried 5-0.
APPOINTMENTS TO BOARDS.
CODE ENFORCEMENT BOARD - NEED TWO ALTERNATES.
Commissioner Johnson, seconded by Commissioner Gleason, moved to appoint Mrs. Linda
Santo to serve as an alternate on the Code Enforcement Board to complete Mr. Eric Barnett's
unexpired term which will expire September, 1995. Motion carried 5-0.
Commissioner Foster, seconded by Commissioner Johnson, moved to appoint Mr. John
Linebarier to serve as an alternate on the Code Enforcement Board to complete Mr. Scott
Glass's unexpired term which will expire October, 1995. Motion carried 5-0.
STAFF REPORTS
There were no staff reports at this time.
EMERGENCY ITEM:
HACKNEY PRAIRIE ROAD.
City Engineer/Utilities Director Shira presented a staff report giving the background regarding
the City's responsibility to construct the part of Hackney Prairie Road from Clarke Road east
to the eastern boundary of Prairie Lake P.U.D. He explained further that Silvestri has proposed
to build this part of the road, with funding provided by the City. The feasibility of extending
a sanitary sewer eastward from Clarke Road along Hackney Prairie Road to the eastern boundary
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Ocoee City Commission Regular Meeting
December 6, 1994
of Prairie Lake P.U.D. to serve projects proposed to be built to the east of the Prairie Lake
P.U.D. is also under consideration. City Attorney Rosenthal explained that the reason this issue
has emergency status is that the current contractor is working in the area and needs a decision
before the next regular meeting.
Mayor Vandergrift declared this to be an emergency item.
In response to Mr. Shira's request, Commissioner Foster, seconded by Commissioner
Johnson, moved (1) to authorize the Mayor and City Clerk to execute the First Amendment to
Development Agreement with Silvestri Investments of Florida, Inc. as prepared by the City
Attorney; (2) to authorize expenditures from the Road Impact Fee fund in an amount not-to-
exceed $233,264.75 for the construction of that portion of Hackney Prairie Road; (3) to
reimburse Imperial Partnership, Ltd. $35,218.66 for costs incurred with REPS for the design
of that portion of the road; and (4) to authorize staff to contract with REPS for the design of
a sanitary sewer extension along Hackney Prairie Road in an amount not-to-exceed $10,000,
subject to an agreement for reimbursement of this cost to the City by one or more benefited
developers. Motion carried 5-0.
COMMENTS FROM COMMISSIONERS
Commissioner Johnson:
1) Thanked both family members and citizens who supported his campaign.
2) Asked that animal control be addressed and that citizens be provided with the County
number to call when needed. City Manager Shapiro explained that for the City to have
its own animal control would cost upwards of $200,000 annually.
3) Asked that mosquito control be addressed. City Manager Shapiro advised that even if
the County agent sprayed daily, the mosquitoes would still be a problem and the County
has provided some material to be distributed which citizens could obtain by calling 877-
8420.
4) Said that during his campaign he had heard rumors and he wanted citizens to call him
for clarification of some misconceptions.
5) Noted that someone had asked for regular citizens meetings and he pointed out that there
are already two citizens meetings scheduled each month, on the first and third Tuesdays.
6) Asked that an appreciation dinner be scheduled during the season for the volunteer
boards. Mr. Shapiro said that it is not in the budget for this year but should plan for it
next year, and possibly it could be done in the spring with a mid-year budget adjustment.
7) Suggested establishing an appreciation/recognition dinner or reception for the
incoming/outgoing Commissioners as well.
8) Remembered that Commissioner Combs owes him a dinner for a bet made a year and
a half ago on the Tennessee/Florida game. Commissioner Glass made it clear that the
debt does not transfer with the district seat.
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Ocoee City Commission Regular Meeting
December 6, 1994
Commissioner Foster: No comments at this time.
Commissioner Gleason:
1) Said that the Christmas parade last weekend was truly American, and thanked the Lions
Club, Police Department, Fran Gosnell, Jim and Cathy Sills, Jim Beech and Bruce
Nordquist for their efforts to make it a success.
2) Announced Toys for Tots December 16 and invited citizens to donate toys and dollars
through the Police Department to this worthy cause.
3) Coventry Lane and Prairie Lake Boulevard are out for bid and having them finished will
be a great relief for those residents.
4) Has been asked again to bring up the unfenced retention pond in the Hammocks which
does not drain and stays covered with algae. Has contacted the attorney for the
developer as the homeowners association does not yet have control and they said they
would look into it. Asked that City look over their shoulder and be sure something is
done. Mr. Shapiro said he thought it had been taken care of, but would give official
answer.
5) Congratulated the candidates who won and said he expects to have a good working
relationship for the betterment of the community.
Commissioner Glass:
1) Thanked his campaign workers, especially wife Kathie and daughter Megan, and
expressed appreciation for those friends and neighbors who voted for him.
2) Mega ditto to Commissioner Gleason's remarks about the Christmas parade.
3) Asked that in the future those asking for charitable contributions give a breakdown on
how funds were used in the past, how many Ocoee citizens are benefitted by the funds
received and the percent of overhead cost, as those facts would help in making a decision
regarding donations.
4) Asked the Christmas light judges to contact him for access to Wesmere.
5) Advised constituents that they could call Commissioners either at home or at City Hall
and leave a message on voice mail for them.
6) Noted that Commissioner Johnson did not move to honor volunteer board members until
after he was off the Code Enforcement Board, and he promised to remember.
7) Asked to be kept informed regarding the drainage issues. Was very impressed with the
presentation prior to the last Commission meeting.
Mayor Vandergrift:
1) Asked for a work session/town meeting in January, possibly on a Saturday morning, to
hear citizens and get them involved in a plan.
2) Wants a work session each month as there is a need to consider, among other things,
improvements to the downtown area.
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Ocoee City Commission Regular Meeting
December 6, 1994
3) Thanked supporters in his campaign and repeated his statement from his acceptance
speech that he has opened his door to all.
4) Asked for an early report on the storm damage. Mr. Shapiro advised that this County
was not declared an emergency by FEMA.
5) Announced Florida Jubilee Celebration on January 3 in Tallahassee.
6) Christmas parade will be broadcast December 13 at 5:00 p.m. and then again after the
Commission meeting broadcast.
7) West Orange High School Band will have an ensemble playing Christmas music
immediately prior to the meeting December 20 and also at a break during the meeting.
8) Asked if a school crossing guard for Spring Lake Elementary could/should be supplied
before the mid-year as proposed. Mr. Shapiro said that the guard would be for 6
students crossing. After a brief discussion about the options, Commissioner Gleason
was charged with the duty of contacting the School Board about permitting the buses to
transport the children, possibly from a pickup site in Coventry if they could not pick
them up within the two mile range from school.
ADJOURNMENT
The meeting adjourned at 10:05 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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AGENDA 12-20-94
Item III A
t` MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
NOVEMBER 30, 1994
The meeting of the City of Ocoee Canvassing Board was called to order at 12:05 p.m. in the
commission chamber conference room for the purpose of certifying and announcing the results
of the 1994 election for 3 offices: Mayor, District No. 1 Commissioner and District No. 3
Commissioner. Mayor Vandergrift called the roll and declared a quorum present.
PRESENT: Mayor Vandergrift, Commissioner Foster, and Commissioner Gleason. Also
present were City Manager Shapiro, City Clerk Grafton, Assistant City Attorney
Zelkowitz, Candidates Helderman, Glass, and Incumbent Commissioner Johnson.
City Clerk Grafton presented the envelope containing the tapes from the ballot machines to
Mayor Vandergrift and then announced that there were 1750 ballots cast, with one ballot un-
processable, making the total votes counted 1749. The results on the tapes were then
announced aloud. (See chart below.)
Mrs. Grafton submitted the absentee ballots to the Canvassing Board for consideration,
explaining that of the 60 ballots returned there were two that were voided and several ballots
to be examined by the Canvassing Board for decisions regarding their eligibility to be counted:
1) District 1: There were 13 ballots returned, of which 2 had been voided (explanation is
in paragraph no. 5). The ballot returned by Karen W. Carson had been rejected by the
Supervisor of Elections office because the signature did not match the one on file.
However, as the signature had been witnessed by two employees in the City Clerk's
office after seeing identification, Mrs. Grafton suggested that the Board may wish to use
that evidence to approve the ballot for counting. Assistant City Attorney Zelkowitz
advised that, if there is any question on any of the absentee ballots, they should remain
unopened, because once they are opened the only way to go back and change things is
to have another election. If it is unopened, and an elector challenges it, they can get a
judge to make a decision to open it.
Commissioner Gleason, seconded by Mayor Vandergrift, moved to not open the questionable
ballot cast by Karen W. Carson. Motion carried 3-0.
2) District 2: There were 6 ballots returned.
3) District 3: There were 25 ballots returned. The ballot cast by Teresa Eastham and
witnessed by her parents, Wanda and Everette Eastham, was rejected by the Supervisor
of Elections office because the signature did not match the one on file. Also, the ballot
cast by Edith M. Bennett was returned to the Clerk's office by Mr. Bennett and at that
time Mr. Bennett said that he had signed the ballot envelope for Mrs. Bennett.
Commissioner Gleason, seconded by Commissioner Foster, moved to not open the
questionable ballots cast by Teresa Eastham and Edith M. Bennett. Motion carried 3-0.
4) District 4: There were 16 ballots returned. The ballot cast by Kermit Bushur had no
signature on the envelope and so was not considered valid.
Ocoee Canvassing Board Meeting
November 30, 1994
Conunissioner Foster, seconded by Mayor Vandergrift, moved to consider the unsigned ballot
of Kermit Bushur not valid and to reject it as illegal. Motion carried 3-0.
5) District 1&4: There had been a question regarding which district William Pitt Varnes
and Reba Varnes resided in. They had been told by two Commissioners and so believed
that they lived in District 1, and had been given absentee ballots for that district,
(pending receipt of an opinion from the City Attorney) even though the list from the
Supervisor of Elections office showed that they resided in District 4. However, upon
reviewing the districting ordinance and the map, Assistant City Attorney Zelkowitz had
rendered his opinion that their residence was in District 4. Absentee ballots for District
4 had then been delivered to Mr. and Mrs. Varnes to replace the original ballots and the
original ballots had been voided. No action was needed on this and none was taken.
The envelopes were opened, keeping the ballots separated by districts, and when all ballots had
been separated from the envelopes, City Clerk read from each ballot how the vote was cast.
Each board member was provided with a tally sheet showing the results from the voting machine
printout with space to record the absentee ballots and calculate the total number of votes cast
for each candidate. Mayor Vandergrift abstained from recording the count as he was a
candidate. The results are as follows:
MAYOR
CANDIDATES: VERN COMBS S. SCOTT VANDERGRIFT
DISTRICT Rejected No Vote Total
PCT#
1106 Absentee: 7 1 1 2 void 2 13
Machine Count: 190 276 466
2106 Absentee: 3 3 6
Machine Count: 105 149 254
3106 Absentee: 12 10 2 1 write-in/ Lester Dabbs 25
Machine Count: 251 183 2 436
4106 Absentee: 8 7 1 16
Machine Count: 239 354 593
ABSENTEE VOTES: 30 21 4 5 60
MACHINE TOTAL: 785 962 1 un-processable 2 1750
TOTAL: 815 983
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Ocoee Canvassing Board Meeting
November 30, 1994
CANDIDATES Absentee Machine Count Total
COMMISSION DISTRICT #1
John Boyd: 5 176 = 181
Brian Golden--withdrew 11-14-94 1 -0- = 1
Carmen H. Helderman: 0 22 = 22
Rusty Johnson: 3 268 = 271
TOTALS: 13 absentee -2 void -1 reject-1 no vote = 9 absentee + 466 = 475
COMMISSION DISTRICT #3
Raymond P. Cooper: 7 120 = 127
Scott A. Glass: 16 307 = 323
Machine Count Undervote -- 9 = 9
TOTALS: 25 absentee -2 rejected = 23 absentee +436 = 459
City Clerk Grafton read the results listed above to the audience. Commissioner Foster,
seconded by Commissioner Gleason, moved to certify the results of the election as presented
above. Motion carried 3-0.
Mayor Vandergrift announced that, by virtue of having received the majority of the votes cast
in their respective campaigns, Mr. Vandergrift is the Mayor, Commissioner Johnson has retained
his seat as District No. 1 Commissioner and Mr. Glass is Commissioner for District No. 3.
Although the agenda called for the administration of the oaths of office, this was done in the
commission chambers following the adjournment of the Canvassing Board meeting.
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Ocoee Canvassing Board Meeting
November 30, 1994
ADJOURNMENT
The meeting adjourned at 12:40 p.m.
Approved:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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