TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Workshop

Wednesday
November 20, 2003
COMMUNITY CENTER

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A workshop of the Town Commission of the Town of Melbourne Beach, Florida was called to order by 
Mayor Walters at 7:55 p.m. on Thursday, November 20, 2003 in the Community Center.  

Present:  

Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Wilson

Others Present:  

Town Attorney Gougelman
Town Clerk Masny

Mayor Walters asked Town Attorney Gougelman to discuss the process the Town Commission should follow to fill 
the vacant Commission Seat.

Town Attorney Gougelman stated that prior to figuring out this process, Mayor Walters’ seat on the Town Commission 
needs to be discussed and stated that Commissioner Walters will move up to serve as Mayor until the November 
election and at that time, will revert back to being Commissioner-At-Large and complete his regular term and the 
Town will hold an election for the position of Mayor.  Town Attorney Gougelman stated that with regard to the 
position that is open right now, you are looking to appoint somebody, but since you come back to that seat at 
a later time, the appointment is only good until the general election.  

Town Attorney Gougelman stated that the Town Commission has 30 days to make the appointment to the Town 
Commission and that 30 days started last evening with former Mayor Crispen’s resignation.  Town Attorney 
Gougelman stated that if the Town Commission decides to hold an election rather than make an appointment, 
the charter really does not see the Town Commission doing this, it sees you trying to make an appointment. 

Commissioner Guglietta commented that there will be a general election for the two (2) Commission seats in 
November 2004, plus a special election.  Town Attorney agreed that this is correct.

Mayor Walters asked if all Commission members agreed with the Town Attorney’s opinion regarding how to proceed.  

Commissioner Guglietta stated that the Town Commission will make a decision to appoint someone to replace 
Commissioner Walter’s seat while he is serving as Mayor, until the next election.  Town Attorney Gougelman 
stated that at this point Steve Walters is Mayor, until November 2004.  
Mayor Walters stated that if the three of us can agree, we can make an appointment and we will not have a special 
election, if we cannot agree, we are forced to hold a special election.  Mayor Walters stated that if we do agree to 
the appointment, this person will serve until the November 2004 election, and, at that time he will revert back to his 
Commission seat to fill the remaining two (2) years of his term. 

IT IS THE CONSENSUS OF THE TOWN COMMISSION THAT IF THE TOWN COMMISSION AGREES TO AN 
APPOINT TO THE VACANT TOWN COMMISSION SEAT, THE PERSON APPOINTED WILL SERVE UNTIL THE 
NOVEMBER 2004 ELECTION, AND, AT THAT TIME, MAYOR WALTERS WILL REVERT BACK TO HIS 
COMMISSION SEAT TO FILL THE REMAINING TWO (2) YEARS OF HIS TERM.

Bill Stacey, 601 Hibiscus Trail, stated that the Town had previously had two (2) Commissioners resign to run for 
mayor.  Town Attorney Gougelman responded that if Mayor Walters decides he wants to run for Mayor next 
November, he can, but he will have to resign to run.     

-       REVIEW OF RESOLUTION NO. 702 (Commissioner Walters)
Mayor Walters stated that the agreement of the previous Commission was when a member of the public addresses 
the Town Commission, the Mayor determines if an answer is necessary and he would  like to change this so that 
any Commissioner who wishes to address the question may respond.  The Town Commission discussed changed 
to be made on Page 5, Section 7, Paragraph (B) to delete the last two (2) sentences.  

Commissioner Price commented the many people spend several minutes speaking on items at meetings and 
discussed the idea of obtaining a timer that makes noise to time speakers at a limit of three (3) minutes.  

Roberts Rule’s of order 10th Edition.  382. Rules against the chair participating in debates.  
If the Mayor feels he has to say something, he has to pass the gavel and cannot get it back until the motion is complete.  

Mayor Walters discussed that if something is said and he wants to take part in a debate what he should do and 
Town Attorney Gougelman stated that Roberts’ Rules of Order cannot silence the Mayor or Commissioners and 
suggested that if the Mayor believes he is going to get rolled up into a debate, he should pass the gavel.  It was 
discussed that if any member of the Town Commission feels the Mayor is entering the debate and feels he should 
pass the gavel, they need to call for a point of order.  

Town Attorney Gougelman commented that the Town Commission could amend Page 7. Section 10., by adding a 
paragraph (c). to read, “When the Mayor has placed an item on the agenda for debate, the Mayor shall pass the 
gavel to the Vice Mayor.”

Martha Remark, 707 Atlantic Street commented that when people address the Town Commission, they turn around 
and talk to the audience and not the Town Commission, which is disrespectful and commented that the Town 
Commission should remind people to address the Town Commission and not the audience.   The Town Commission 
discussed the idea of seating the Town Clerk, Town Attorney and Town Manager at either end of the Town Commission 
and putting the podium near the film screen is located.  The Town Commission discussed the idea of replacing the 
microphones and/or speakers in the Community Center, possibly using wireless microphones.

The Town Commission discussed that during a meeting when a Commissioner “calls the question”, there should be 
a pause in discussion for a few seconds, and if any Commissioner wants to continue debate he should indicate so, 
and the Mayor should make the ruling to continue and if not, the Commission should take the vote.  

There being no further business, the workshop adjourned at 8:55 p.m.

____________________________________
STEVEN O. WALTERS, MAYOR



____________________________________
CYNTHIA E. MASNY, CMC
TOWN CLERK


 Note:  a mechanical recording has been made of the foregoing procedures of which these minutes are a 
           part and is on file in the office of the Town Clerk.

PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, THE TOWN HEREBY 
ADVISES THE PUBLIC THAT: If a person decides to appeal any decision made by the 
Town Commission with respect to any matter considered at its meeting, he will need a 
record of the proceedings and that for such purpose, affected persons may need to insure 
that a verbatim record of the proceedings is made, which record includes the testimony 
and evidence upon which the appeal is to be based.  This notice does not constitute 
consent by the Town for the introduction or admission into evidence of otherwise 
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not 
otherwise allowed by law.