III (A) Approval and Acceptance of Minutes of City Commission Regular Meeting of March 4, 1997 and Canvassing Board Minutes of February 26, 1997 AGENDA 3-I8-97
Item III A
MINUTES OF THE OCOEE CITY COMMISSION REGULAR MEETING HELD
MARCH 4, 1997
At 7:15 p.m. just prior to the meeting, the candidates elected in the February 25
municipal election - Mayor S. Scott Vandergrift, District 3 Commissioner Scott Glass, and
District 4 Commissioner Nancy Parker- were sworn in by City Clerk Grafton. There
were no speeches made at this time.
CALL TO ORDER
Mayor Vandergrift called the regular meeting to order at 7:00 p.m. in the commission
chambers. Pastor Lance Laird, First Baptist Church of Ocoee, led in prayer and Mrs. Frances
Watts led in the pledge of allegiance. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson, Glass, Johnson, and Parker.
Also present were Interim City Manager Shapiro, City Attorney Rosenthal,
Special Counsel Barice, Recreation Director Beech, Planning Director Wagner,
Senior Planner Home, Capital Projects/Concurrency Analyst Resnik, and City
Clerk Grafton.
ABSENT: None
PRESENTATIONS AND PROCLAMATIONS
SERVICE AWARD - 5 YEARS POLICE DEPARTMENT - STEPHEN G. MCCOSKER. Officer
McCosker was on duty and could not be present to accept this award.
LYNN WALKER WRIGHT- KENJEN PROPERTY
In a letter dated March 3, 1997, Ms. Wright advised that she would not be present at this
meeting and she reserved the right to appear at a later date.
CONSENT AGENDA
The consent agenda consisted of item A. Commissioner Glass. seconded by Commissioner
Anderson, moved to approve and accept the consent agenda as presented. Motion carried 5-0.
A. Approval and Acceptance of Minutes of City Commission Regular Meetings of
January 21 and February 18, 1997.
COMMENTS FROM CITIZENS/PUBLIC
Mayor Vandergrift welcomed Commissioner Parker to her first meeting after the election.
Former Commissioner Gleason, 856 Hammocks Drive, addressed each member of the
Commission in turn and then thanked the residents of District 4 for allowing him the honor of
serving as their commissioner.
II
Ocoee City Commission Regular Meeting
March 4, 1997
PUBLIC HEARINGS
SECOND READING OF ORDINANCE No. 97-08, RELATING TO A MORATORIUM ON TOWERS
AND ANTENNA SITES.
City Attorney Rosenthal read the title only of Ordinance No. 97-08 and announced that, as
his firm represents a company that would be affected by action taken on this item, he would
declare a conflict of interest. Accordingly, Senior Planner Horne advised that Special
Counsel Carole Barice was present to represent the City on this issue.
Senior Planner Home gave the Staff Report and explained that the Planning Department has
determined that the City needs a sixty day extension to the moratorium to develop regulations
to suit Ocoee's needs since the proposed structures will be visible and obtrusive from nearly all
areas of the City. Staff would like to use the additional moratorium period for further reviews
with industry representatives and City consultants prior to bringing the matter back before the
Planning and Zoning Commission and the City Commission.
The public hearing was opened.
Mark Schuh, Cypress Real Estate Services, representing AT&T Wireless Services, reminded
the Commission of the two previous meetings that he had attended regarding the time frame on
the moratorium on towers and antenna towers; and asked that if the moratorium was
lengthened, not to include collocation of antennas on existing towers.
Linda Davidson, LCC International, agreed with Mr. Schuh's request, but added that any
structure tall enough to be able to put panels on top of should not collocate with antennas as
well.
George Cohen, American Portable Telecom, concurred with the comments made by Mr.
Schuh and Mrs. Davidson.
City Manager Shapiro explained that the reason the City wasn't allowing collocation is
because there was nothing on the books to assure the structural integrity of existing towers.
Mr. Schuh replied that industry would not overload existing towers.
Special Counsel Barice said that a draft of the ordinance was nearly ready and should be
complete soon.
The public hearing was closed.
Commissioner Anderson. seconded by Commissioner Parker, moved to adopt Ordinance
2
Ocoee City Commission Regular Meeting
March 4, 1997
97-08 so that Staff may continue to study this issue and come back with a proposed ordinance
before May 16, 1997. Motion carried 5-0.
COMPREHENSIVE PLAN AMENDMENT, SECOND READING OF ORDINANCE No. 97-09.
City Attorney Rosenthal read title only. Concurrency Analyst Resnik presented the Staff
Report and explained the changes made in response to DCA's objections.
CPA 97-1-1:
DCA's primary objections were that (1) the basis for assigning LOS should be by a road's
functional classification, not ownership, and (2) that the proposed amendment deviated from
the mandatory LOS standards for roads included in the Florida Intrastate Highway System
(FIHS).
In response to these concerns, State Road 50 as a principal arterial will remain with a LOS D.
Silver Star Road, and all other state and county facilities that are either minor arterials or
collectors, will now have a LOS E. The Florida Turnpike and the East-West Expressway,
which are classified as principal arterials but carry mandatory FDOT LOS standards because
they are FIHS facilities, will have a LOS C and LOS D, respectively. All City-maintained
roads will remain at LOS D. Based upon telephone conversation with DCA staff, these
additional changes should resolve their concerns.
CPA 97-1-2:
DCA objected to providing only a general description of boundaries for Activity Centers,
rather than specific boundaries for each Activity Center. DCA staff requested data and
analysis to show the cumulative impacts of Activity Centers on facilities and services and
stated that the City should establish specifics for each Activity Center on the maximum amount
of each land use type to be included, densities and intensities to be allowed, how development
codes may be waived, and under what conditions.
In response to these concerns, City Staff believes most of the DCA objections are moot
because the original Comprehensive Plan, which has been found to be in compliance by DCA,
already includes four (4) Activity Centers which do not have definitive boundary lines
specified anywhere in the Comprehensive Plan. The map outlining these centers is termed
"Activity Centers General locations Map." City Staff is not proposing any new land use
changes and therefore, does not believe new data and analysis is necessary. The additional
language referring to the general boundaries of Activity Centers as being within "one-quarter
mile radius of the Activity Center's main intersection or any parts of any subdivisions or
parcels within the one-quarter mile radius as well as any logical extensions beyond those
boundaries" was meant to clarify existing text which defines an Activity Center as the "impact
zone of a major intersection." Subsequent changes were also made to the text to change the
3
11 (1 .7
�H
Ocoee City Commission Regular Meeting
March 4, 1997
term "Special Strategy Areas" to "Special Overlay Areas" to better clarify its intent, and the
names of the three types of Special Overlay Areas were also clarified throughout the FLUE.
After discussing the proposed text amendments in detail with DCA Staff and offering to
amplify on some of their concerns in the ORC response, this amendment should be found to be
in compliance.
CPA 97-1-3:
This amendment updates the Future Land Use Map to include several recent annexations and
one small scale amendment. DCA had no objections to this amendment and it remains as
previously approved by the City Commission.
The public hearing was opened. As no one wished to speak, the public hearing was closed.
Commissioner Anderson, seconded by Commissioner Glass, moved to (1) approve
Ordinance No. 97-09 which ADOPTS the Comprehensive Plan Amendments upon finding said
Amendments to be consistent with the Ocoee Comprehensive Plan and the requirements of the
JPA Agreement, (2) authorize execution of Ordinance No. 97-09 by the Mayor and City Clerk
and (3) designate the Director of Planning as the person to transmit a letter to DCA outlining
all required information as specified by Florida Statues for the adoption of a Comprehensive
Plan Amendment. Motion carried 4-0. (Commissioner Johnson was not present.)
OTHER BUSINESS
PROJECTS FOR PROPOSED I C SALES TAX.
Interim City Manager Shapiro gave the Staff Report, explaining that for the last several
months the cities of Orange County have attempted to coordinate a list of projects for each
jurisdiction that might be funded by a one cent increase in sales tax. He presented a
recommended tentative list of projects to be jointly funded with the County. Mayor
Vandergrift said he had been asking for a central park trail and a large 200 acre park on a lake
like the one on Lake Apopka. He also discussed partnering with the school system to build
buildings and parks. Mr. Shapiro said to keep in mind that some of those are impact fee
projects. Commissioner Glass concurred with Mayor Vandergrift's comments regarding
partnering with the school system and Mr. Shapiro advised that it would be possible to amend
the list to include $5,000,000 to partnership with the school system.
Commissioner Anderson, seconded by Commissioner Glass, moved to pass the list on to the
County as amended by adding $5,000,000 to include school partnership, making the total
Recommended Sales Tax Projects Fifteen Year Projection $62,500,000. Motion carried 5-0.
PROPOSED LEGISLATIVE ISSUES FOR OSCAR JUAREZ/THREE CITY MEETING.
Interim City Manager Shapiro announced that the City of Apopka would be the host of the
4
Ocoee City Commission Regular Meeting
March 4, 1997
next Three-City meeting which will be held March 6, 1997, at 7:00 p.m. at the City Council
Chambers. Mr. Shapiro reviewed a list of issues of common interest to the cities he had
prepared to send to Mayor Land for the agenda, then asked for any additional items
Commission wished to have discussed. The list included the following items:
1. a flyover at Maguire Road and Old Winter Garden Road
2. the priority order for support of the Western Beltway
3. regarding the compromised position of the Six Cent Gas Tax offer by the City of
Orlando and Orange County
4. position on the muck farm buyout program
5. support of the final funding of the IFAS Consolidated Research Center located on
eastern edge of Lake Apopka
6. regarding the manner for describing property when annexing
7. regarding Fire Pension Plan (ISO) FS 185.08
8. Mandated Impact on Trim Process
Commissioner Glass suggested adding an item regarding the fact that Florida Statutes require
the coordination of planning between local school hoards and local government to ensure that
plans for the construction and opening of public educational facilities are facilitated and
coordinated in time and place with plans for residential development, concurrently with other
necessary services, and they have not been doing it. He said that he would fax a statement to
Mr. Shapiro the next day to be included in his message to Mayor Land for the agenda.
Mayor Vandergrift said that he would like to include his long pursued issue regarding the
annexation of enclaves.
Mayor Vandergrift, seconded by Commissioner Anderson, moved to add Commissioner
Glass's statement regarding coordination between the local school boards and local government
and Mayor Vandergrift's item regarding annexation of enclaves to the list to he forwarded to
Mayor Land. Motion carried 5-0.
(Later in the meeting the above motion was amended to exclude item 3 in order to hold
separate discussion on that issue.)
MAGUIRE ROAD/EXPRESSWAY FLYOVER.
Interim City Manager Shapiro gave the Staff Report, advising that several weeks ago he and
members of the City of Ocoee met with Commissioner Freeman, the City of Winter Garden,
and the Town of Windermere to discuss the transportation network in the West Orange area.
In particular, the Maguire Road/Roberson Road/535/Beltway Corridors. Also at the meeting
were the developers in the area, the City's Lobbyist, Oscar Juarez, members of the Orange
County Public Works Staff, and the Executive Director and Assistant Director of the
5
Ocoee City Commission Regular Meeting
March 4, 1997
Expressway Authority. As a result of the meeting, the Expressway Authority suggested that
the best possible solution to connecting the expressway to the West Orange area would be to
build a flyover road beginning at Old Winter Garden Road and Professional Parkway and
ending at Tomyn Road. Without much planning, the estimated cost was somewhere between
four and six million dollars.
Ken Hooper, Vice President of PEC, displayed a map of the City showing a tentative design
for the flyover.
R. P. Mohnacky asked if Windermere would be included in paying for this project because
they would be benefiting from it. Mr. Shapiro explained that Windermere is not enthusiastic
about any change.
No action was taken on this item as it was included in the Three-City list.
LOCAL GAS TAX DISTRIBUTION.
Interim City Manager Shapiro advised that he has major concern over the verbiage in the
1997 Orlando-Orange County Interlace] Agreement on Local Fuel (Gas) Tax Distribution as it
would diminish the new revenue from being pledged as revenue for a bond issue and he would
like for them to explain just what they are saying and why.
Commissioner Glass, seconded by Commissioner Anderson, moved, as a procedural matter
to pull this item out of the previous approval (item VI B Three-Cit Meetin• .ales 4 and 5 of
these minutes) so that no action was taken on item 3 of that list, and hold separate discussion.
Motion carried 5-0. Commissioner Glass declared a conflict of interest on this issue as he is
an employee of the City of Orlando. See attached declaration.
Former Commissioner Gleason addressed this issue.
After considerable discussion, Commissioner Anderson, seconded by Commissioner Parker,
moved to recommend that Apopka, Ocoee and Winter Garden urge Orange County to delete
the last sentence of Section Six from the current draft of the 1997 Orlando-Orange County
Interlocal Agreement on Local Fuel (Gas) Tax Distribution. Motion carried 4-0 with
Commissioner Glass abstaining.
STORY ROAD/KISSIMMEE AVENUE/MARSHALL FARMS ROAD/MAGUIRE ROAD INTERSECTION
IMPROVEMENT PROJECT: ADAM PURCHASE AGREEMENT, PARCEL#113.
City Attorney Rosenthal gave the Staff Report, explaining that Parcel 113 is the last piece of
property needed by the City to complete the Story Road/Kissimmee Avenue and Marshall
Farms Road/Maguire Road Intersection Improvement Project. Parcel 113, owned by Mr. And
6
,i Ali j
Ocoee City Commission Regular Meeting
March 4, 1997
Mrs. Alain Adams, is located on the west side of Maguire Road north of the Sysco Foods
property. Given the likelihood of favorable negotiations with the Adams, the Real Estate
Consortium was instructed to make no determination as to any damage to the remainder
property, sparing the expense of hiring a traffic engineer. Staff recommended the approval of
the purchase agreement executed by the Adams for Parcel 113, and the execution of all closing
documents pursuant to the terms of the Purchase Agreement.
Mayor Vandergrift, seconded by Commissioner Anderson. moved to approve the attached
Purchase Agreement executed by the Adams for Parcel 113. and further authorizing the
execution of all closing documents pursuant to the terms of the Purchase Agreement. Motion
carried 5-0.
RESULTS OE BID FOR SALE OF SURPLUS PROPERTY.
City Attorney Rosenthal gave the Staff Report, explaining that pursuant to the direction of the
City Commission, Mr. Shapiro, Mr. Shira, and he met with Tom West to discuss the possible
future use of a portion of the bid property in connection with an extension of the West Orange
Trail. In connection with these discussions, Mr. Shira advised that a 60 foot wide right-of-
way adjacent to the railroad right-of-way should be obtained in order to be consistent with the
width of the former railroad right-of-way on other lands owned by the City. After discussing
several options with Mr. West, it was agreed, in concept, that the best approach would be for
the City to reserve in the deed of conveyance an unconditional right to repurchase, for a term
of three years, the aforementioned 60 foot wide strip. Staff recommended that the following
be taken:
That the Honorable Mayor and Board of City Commissioners award Ocoee Site No.2,
identified as 102 West Ohio Street, to Tom West for a bid purchase price of $84,100 with the
condition that the deed of conveyance reserve in favor of the City of Ocoee a right to
repurchase, for a term of three years, a 60 foot wide strip of land adjacent to the railroad right-
of-way with the repurchase price being on a gross square foot basis based upon the gross
square foot purchase price paid by Tom West for the subject property and with the final
documentation for such right of repurchase being acceptable to the City in its discretion.
Commissioner Anderson, seconded by Commissioner Glass, moved to award Ocoee Site
No.2, identified as 102 West Ohio Street to Tom West for a bid purchase price of $84,100
with the condition that the deed of conveyance reserve in favor of the City of Ocoee a right to
repurchase as recommended by Staff.
Commissioner Glass then noted that the City Charter requires a public hearing prior to the
sale of property valued at $100,000 or over. Following a discussion regarding the actual value
of the property, Commissioner Anderson, seconded by Commissioner Johnson, moved to
7
Ocoee City Commission Regular Meeting
March 4, 1997
amend the above motion to reflect a finding by Commission that the fair market value of Ocoee
site #2 is less than $100,000. Motion lost 3-2 with Commissioners Anderson and Johnson
voting "aye."
Commissioner Glass, seconded by Commissioner Parker, moved to table the motion and
direct staff to advertise for a public hearing on March 18. Motion carried 3-2 with
Commissioners Anderson and Johnson voting "no."
PROPOSED VACATION AND CLOSURE OF PALM DRIVE NECESSITATED BY THE WESTERN
BELTWAY.
Director of Planning Wagner gave the Staff Report and explained that in order to plan for the
most effective future local transportation network, the Expressway Authority has
accommodated the City of Ocoee by redesigning the Western Beltway to provide a new bridge
over Pine Street. Based upon future plans of the City, Wurst Road is to be extended westward
to Ocoee-Apopka Road. By further extending this roadway along the Pine Street corridor to
East Crown Point Road, a critical collector roadway connection will be provided for the
developing western portion of the community. Without this crossing, there would be a two
mile barrier to local traffic between Silver Star Road and Fullers Cross Road. Past plans for
the Western Beltway have provided for a bridge over Palm Drive; however, this roadway
provides little in the way of additional capacity for the city-wide transportation network due to
its close proximity to Silver Star Road. So as to preclude any complications with the design
and construction schedule of the Beltway, the Expressway Authority is requesting the City to
take formal action on this matter so that the vacation and closure of Palm Drive may be
accomplished in a predictable and timely manner. Accordingly, a Public Hearing will need to
be scheduled with adequate public notice to undertake this action.
Commissioner Johnson objected to the closing of Palm Drive.
Mayor Vandergrift, seconded by Commissioner Glass, moved to direct Staff to schedule a
public hearing for April 1, 1997 regarding the proposed vacation and a closure of Palm Drive
when it is necessitated by the construction of the Western Beltway. Motion carried 5-0.
STAFF REPORTS
Interim City Manager Shapiro reported that he had received a letter from Jim Swickerath
regarding the timing to get the lakefront bathrooms in, and said he would provide that
information to Commission. He reported also that the wetlands have been defined at the A. D.
Mims recreation area site and a report will be given at the March 18 meeting.
COMMENTS FROM COMMISSIONERS
Commissioner Johnson:
8
Ocoee City Commission Regular Meeting
March 4, 1997
1) Commissioner Johnson. seconded by Commissioner Anderson, moved to appoint
Mayor Vandergrift to represent the City on the Chamber of Commerce Board of
Directors. Motion carried 3-2 with Commissioner Glass and Commissioner Parker
voting nay.
2) Asked for a report on the Ocoee Hills Road lights. City Manager Shapiro advised that
Florida Power is to present a system and price.
3) In response to the person who had written letters regarding the pictures he had removed
from his office wall, he said he had put a letter on file regarding the pictures.
Commissioner Anderson:
1) Announced the Golf Tournament at Green Valley on Sunday morning to benefit The
Big Orange Games.
2) Announced the Big Orange Games May 3 at 8:45 a.m. at the Ocoee Middle School and
said that volunteers should call 656-3103.
Commissioner Glass:
1) Noted that a Cross Creek citizen who called on the RSVP line requesting trees be
planted had been instructed to put the request in writing. City Manager Shapiro will
advise staff member who wrote the response that it was an inappropriate response.
2) Advised that the residents near Tiger Minor Park had requested a gate at the Geneva
Street entrance.
Commissioner Parker:
1) Announced the RSVP number 656-2218.
2) Advised that she will not always be this quiet.
Mayor Vandergrift:
I) Asked the pleasure of the Commission regarding when to take the next step in the city
manager hiring process. Consensus was to wait until after the run-off election is
completed.
2) Reported potholes on Johio Shores Drive.
3) Read a letter from Barbara Pennington reporting the status of the Ocoee Middle School
in the Odyssey of the Mind competition. City Manager Shapiro asked if it would be
appropriate to contact Mrs. Pennington and provide shirts for the students participating.
Consensus was to direct Mr. Shapiro to do so.
4) Said he had asked for Scrub Lake to be stocked with fish and Recreation Director is
aware of it.
5) Wants a sign up at the recreation center when completed.
9
Ocoee City Commission Regular Meeting
March 4, 1997
ADJOURNMENT
The meeting adjourned at 10:00 p.m.
APPROVED:
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
10
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
1 COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I AST -NAVI IIRST NAAIE-MIDDLE NAME NAME OFHo ARD COl1NC IL.COAIM SS ON, -AL THOHITY,OR COAT VIITrLL
�: LASS SCG ,aj L,q j9Ocoee Cl/ r„,mini,-
VAILING -ADDi*>5 THE [MAXI). COUNCIL COMMISSION. AUTHORITY.OR COMNIIrTEE ON
WHICH I StRVI: IS A UNIT OIG
at _,-,gip t 441 Zeu- ✓CITY COUNTY I OIHLR LOCAL AGENCY
I.ITT aCOLINI 1'
MANIC OF I'OLITICAI.SUBDIVISION'
_ OCOeC O1f7 1 Oi-G2e
DAIT ON WHICH A 01E OCCURRED MY I'OSI I'IILN IS;
i/yi47 SELECTIVE AIPOINFIVE
WHO MUST FILE FORM 813 -
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of imerest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly Acting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your imerest in the measure on
which you are abstaining from voting; and
WITHIN U DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office \IUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file ;his form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
tI I IIRM III IIL146 PAGE I
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within U days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST, /
I, -Cat A C/-7Acc , hereby disclose that on ///ttERbc I 7` 19 y7 •
(a) A measure Caine or will come before my agency which (check one)
inured to my special private gain; or
inured to the special gain of C ty e{ U'G*I , by whom I am retained.
(b) The measure before my agency and the nature of my interestin the measure is as follows:
2t« act D Loci,/ G9, T x /lift, Lai,. :r✓✓0/r a prowl
.1lr, (L'`a / ,NT d / te_ G e 61..717 7- ex- .j ot&
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A7 ._7 /59 2
Date Filed Signature
! NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1I2.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000.
CE IORNI 98- 10.86 PAGE 2
AGENDA 3-18-97
Item III A
MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
FEBRUARY 26, 1997
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:05 p.m. in the Commission
Chambers Conference Room. The roll was called and a quorum declared present.
PRESENT: Mayor Vandergrift, Commissioners Anderson and Johnson. Also present were
Interim City Manager Shapiro, City Attorney Rosenthal, City Clerk Grafton,
and Deputy City Clerk Green.
ABSENT: None
To establish the proper procedure for this Board, City Attorney Rosenthal explained that
when the motion to certify the vote for the Mayor's office is made, Mayor Vandergrift
should abstain from voting as there was a conflict of interest in that one race, and, as all
members were present, there was a quorum to act without his vote. However, as the Charter
expressly provided that the Mayor was a member of the Canvassing Board he should vote on
the other elections.
City Clerk Grafton introduced June Condron from the Orange County Supervisor of
Elections office and Carol Stogsdill, Elections Clerk, who were present in the audience. She
then read the results from the tabulators used in the election as follows:
Tabulator 1 Tabulator 2 Total
Machine Count 403 291 496 1030 2220
Dist. 1 Dist. 2 Dist. 3 Dist. 4
Mayor
Jim Gleason 75 66 205 558 904
Ben Griffin 36 23 45 52 156
S. Scott Vandergrift 291 202 244 420 1157
Commissioner District 1
Danny Howell 158
Lance Laird 107
John Linebarier 134
Commissioner District 3
Scott Glass 321
Alfred Luck 164
Commissioner Anderson, seconded by Commissioner Johnson moved to approve and
accept the report re_ardin. the votes as counted b the tabulators as presented. Motion
carried 3-0.
Ocoee Canvassing Board
February 26, 1997
Counting of Absentee Ballots.
City Clerk Grafton reported that the Supervisor of Elections office had handled the absentee
ballots for this election and that there were 125 absentee ballots requested. 101 of those had
been returned to that office prior to February 25 and 4 had been returned to the City Clerk
on February 24 and February 25 before 7:00 p.m. The signatures of those 4 had been faxed
to the SOE for verification of signatures. The 101 absentee ballots had been delivered to
City Clerk Grafton at 7:00 p.m. on February 25 by Supervisor of Elections Cowles in a
sealed box signed by Pat Fletcher and Lille Chambers from that office. The box was placed
in the City Clerk's vault for safekeeping until this meeting. All 105 of the signatures had
been verified by the Supervisor of Elections clerks and found to be valid, i.e., the signature
matched that on file and was witnessed, also the witness had included an address, with the
exception of one which had neither been signed nor witnessed on the outside envelope.
City Attorney Rosenthal announced that the 4 ballots received by the City Clerk had been
date/time stamped, and the signature of the voter on each ballot had been witnessed and also
showed the witness's address. Ma or Vander.rift seconded by Commissioner Johnson
moved to accept the 4 absentee ballots to be included in the count as presented. Motion
carried 3-0.
The 101 ballots from the sealed box were counted to assure that all were accounted for.
Ma or Vander rift seconded by Commissioner Anderson, moved to consider the unsigned
absentee ballot not valid and not accept it. Motion carried 3-0. (101 + 4 - 1 = total
number of 104 absentee ballots to count)
Mr. Rosenthal then checked the ballot envelopes for addresses and confirmed that each
voters' signature had been witnessed and also showed the witness's address. One envelope
had been delivered unsealed. Consensus was reached that such unsealing could have
happened in the post office personnel's handling of the mail, and, as the voter's privacy had
not been violated, the vote would be included in the count. Another ballot was returned
without being enclosed in the secrecy envelope. Commissioner Johnson seconded by
Commissioner Anderson moved to include this ballot in the count as it was still possible to
protect the voter's privacy. Motion carried 3-0.
All members removed the ballots from the envelopes, however, Mayor Vandergrift did not
assist in removing the ballots from the secrecy envelopes. Prior to the removal of the ballots
from the secrecy envelopes the ballots were sorted into districts to facilitate the count. City
Clerk Grafton called out the votes for each candidate while Commissioner Anderson
observed and all members kept a tally of the votes as they were called out. Ballot cards #3
were for Districts 2 and 4, cards #4 were for District I and card #5 was for District 4. The
count was as follows:
2
Ocoee Canvassing Board
February 26, 1997
Mayor District 1 District 3 Districts 2 & 4 Total
Jim Gleason 5 8 47 60
Ben Griffin - 1 3 4
S. Scott Vandergrift 9 4 27 40
District 1
Danny Howell 4
Lance K. Laird 7
John Linebarier 3
District 3
Scott A. Glass 14
Alfred Luck --
Certification of Election Returns.
Upon combining the tabulator count with the absentee count Commissioner Anderson.
seconded by Commissioner Johnson. moved to certif the count in the mayor's election to
be as follows: Jim Gleason 964, Ben Griffin 160, S. Scott Vandergrift 1,197.
Motion carried 2-0 with Mayor Vandergrift abstaining.
Upon combining the tabulator count with the absentee count Commissioner Anderson,
seconded by Commissioner Johnson moved to certify the count in the District 1 election
to be as follows: Danny Howell 162 Lance K. Laird 114, John Linebarier 137.
Motion carried 3-0.
Commissioner Anderson seconded by Commissioner Johnson moved to hold a run-off
election between Mr. Howell and Mr. Linebarier as the had received the highest number of
votes but neither candidate received a majority. Motion carried 3-0.
Upon combinin' the tabulator count with the absentee count Commissioner Anderson,
seconded b Commissioner Johnson moved to certify the count in the District 3 election
to be as follows: Scott A. Glass 335 and Alfred Luck 164, and declare Mr. Glass the
winner by virtue of having received the ma orit of votes cast. Motion carried 3-0.
Commissioner Johnson seconded by Commissioner Anderson moved to declare S. Scott
Vandergrift the winner in the mayo_r's race by virtue of his having received the majority of
the votes cast. Motion carried 2-0 with Ma or Vander.rift abstaining_
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Ocoee Canvassing Board J u
February 26, 1997
Adjournment.
The meeting adjourned at 12:57 p.m.
APPROVED
Attest: City of Ocoee
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
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