03-14-2007 Canvassing/Audit Board Minutes MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
MARCH 14,2007
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:10 p.m. in the office of
the Supervisor of Elections, 119 W. Kaley Street. The roll was called and a quorum
declared present.
ROLL CALL: Mayor Vandergrift, Commissioner Anderson, Commissioner Keller.
ALSO PRESENT: City Clerk Eikenberry, Recording Clerk Moseley, City Attorney
Palmer, Supervisor of Elections Representative Lonn Fluke, Mayor
Candidate Randy Freeman. Also present was observer Victoria Laney.
ABSENT: None.
SOE Representative Lonn Fluke ran the Logic and Accuracy Test, which was
witnessed by Commissioner Keller, Commissioner Anderson, and Mayor Candidate
Freeman. He explained the procedures and instructions that were to be followed and the
SOE staff ran the certificate envelopes through a machine to open. Commissioner
Keller and Commissioner Anderson reviewed the Master Report with expected results
and verified the report by initialing.
SOE Representative Lonn Fluke said that the ballot envelopes were separated by
precinct and they began separating the certificate (outer) envelopes from the secrecy
envelopes, then the ballots from that for District 4. City Clerk Eikenberry verified the
total of empty envelopes matched the number of ballots pulled and the total was 67*.
One HAVA envelope was received and was given to SOE employee Linda Tanko to
research for acceptability. *The HAVA envelope was approved by SOE later in the
meeting, making the total ballots 68.
The board began separating the certificate (outer) envelopes from the secrecy envelopes,
then the ballots from that for District 1. City Clerk Eikenberry verified the total of
empty envelopes matched the number of ballots pulled and the total was 31.
The board began separating the certificate (outer) envelopes from the secrecy envelopes,
then the ballots from that District 2. Commissioner Anderson inquired about one
certificate envelope that had the letter 'x' as a signature. SOE Employee Linda Tanko
took the envelope to verify the signature on record for acceptability. City Clerk
Eikenberry verified the total of empty envelopes matched the number of ballots pulled
and the total was 61, plus the 1 envelope being verified*. *the envelope was accepted
later in the meeting, making the total ballots 62.
The board began separating the certificate (outer) envelopes from the secrecy envelopes,
then the ballots from that for District 3. City Clerk Eikenberry verified the total of
empty envelopes matched the number of ballots pulled and the total was 53.
Ocoee Canvassing Board
March 14,2007
Supervisor of Elections accepted the certificate envelope with the questionable `x'
signature. The said the citizen's signature was questioned last year and they renewed it
on record with an `x' this year, due to age and illness and the inability to sign as they used
to. This ballot being accepted would make District 2 total 62 votes.
City Clerk Eikenberry said that four absentee ballots were questionable would now be
reviewed one at a time:
1) Christine Joan Wostak—ballot was not signed.
2) Freddie L. Kennedy—ballot was not signed.
Commissioner Anderson, seconded by Commissioner Keller, moved to reject the ballots
for Christine Wostak and Freddie Kennedy for lack of a signature. Motion carried 2-0,
with Mayor Vandergrift abstaining.
3) Tera Jan Johnston—voter has two signatures on file, neither match.
Commissioner Anderson, seconded by Commissioner Keller, moved to reject the ballot
for Tera Johnston. Motion carried 2-0, with Mayor Vandergrift abstaining.
4) Jennifer Lynn Knoll—returned undeliverable.
Commissioner Anderson, seconded by Commissioner Keller, moved to reject the ballot
for Jennifer Knoll. Motion carried 2-0, with Mayor Vandergrift abstaining.
SOE Representative Lonn Fluke explained that the HAVA envelope in question had
been researched the voter had requested an absentee ballot by phone and they mailed her
one. The voter then came into the SOE office with her identification and voted, rather
than waiting for the mailed ballot. SOE accepted the signature. This would make the
amount of ballots for District 4 total 68.
SOE Representative Lonn Fluke ran the absentee ballots through the machine and two
(2) ballots were required to be duplicated. He instructed the Canvassing Board of the
procedures to follow regarding duplication. Commissioner Anderson and
(IW Commissioner Keller proceeded with the duplication process.
2
Ocoee Canvassing Board
March 14,2007
Commissioner Anderson, seconded by Commissioner Keller, moved to accept 214
absentee ballots as approved by the Supervisor of Elections. Motion carried
unanimously.
City Clerk Eikenberry read the absentee ballot totals as follows:
214 Total ballots
69 Candidate Freeman
145 Candidate Vandergrift
City Clerk Eikenberry announced that they had two (2)provisional ballots, one was
accepted by SOE and one was rejected.
1. Salvatore D. Benardo, District 1 —Accepted by SOE
SOE Representative Lonn Fluke said the voter's name did not appear on
the list at the precinct, however, the voter's address was verified to be in
that precinct and his signature did match that on file.
Commissioner Keller, seconded by Commissioner Anderson, moved to accept the
provisional ballot received by Salvatore Benardo. Motion carried 2-0, with Mayor
Vandergrift abstaining.
2. Laura Gleason, District 2 —Rejected by SOE
City Clerk Eikenberry explained that this voter lives on Spring Lake
Terrace and thought she was annexed into Ocoee. However, previous
owner only annexed portion of land and her portion was not part of that.
Voter has been paying Ocoee taxes. Commissioner Anderson stated his
opinion that, if she is paying Ocoee taxes then she should be able to vote
in Ocoee elections.
Commissioner Anderson, seconded by Commissioner Keller, moved to accept the
provisional ballot received from Laura Gleason. Motion carried 2-0, with Mayor
Vandergrift abstaining.
Commissioner Anderson asked the City Attorney to make a note for a future
Commission meeting to pursue annexing Laura Gleason's property into Ocoee to avoid
future confusion.
SOE Representative Lonn Fluke ran the Final Logic and Accuracy Test to determine
the machine was still working properly and the report was verified and initialed by
Commissioner Keller and Commissioner Anderson.
3
Ocoee Canvassing Board
March 14,2007
City Clerk Eikenberry asked for a motion to certify the election results.
co, Commissioner Keller, seconded by Commissioner Anderson, moved to accept and
certify the election with a total number of ballots cast of 2276, to declare Scott
Vandergrift as Mayor, and to declare Rusty Johnson for District 3 and Gary Hood for
District 1. Motion carried 2-0, with Mayor Vandergrift abstaining.
City Clerk Eikenberry read the following tallied results for precinct, early voting,
absentee, and provisional:
Candidate Freeman: 780 Votes, 34% of total ballots cast
Candidate Vandergrift: 1496 Votes, 66% of total ballots cast
Total Ballots Cast: 2276
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Adjournment.
The meeting adjourned at 1:34 p.m.
APPROVED
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Vandergrift, S, Scott Ocoee Canvassing Board
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
2625 Cedar Bluff Lane WHICH I SERVE IS A UNIT OF:
K�€CITY ❑COUNTY 0 OTHER LOCAL AGENCY
CITY COUNTY
Ocoee, Florida Orange NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 14 , 2007 )Q ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
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 interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on 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
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband,wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this 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. (Continued on other side)
CE FORM 8B-EFF.1/2000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, S. Scott Vandergri f t , hereby disclose that on March 14 , ,20 0 7
(a)A measure came or will come before my agency which(check one)
X inured to my special private gain or loss;
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative, •
inured to the special gain or loss of by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
The cavassing board voted to accept or reject certain absentee and
provisional ballots for an election in which I was candidate for Mayor.
1flarcn 14 , aoo7
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2