TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - Special Meeting
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Monday
December 1, 2003
COMMUNITY CENTER
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A special meeting of the Town Commission of the Town of Melbourne Beach, Florida was called to order by
Mayor Walters at 7:06 p.m. on Monday, December 1, 2003 in the Community Center. Mayor Walters also
led the Pledge of Allegiance
Present:
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Mayor Walters
Commissioner Guglietta
Commissioner Price
Commissioner Wilson (arrived 7:13 p.m.)
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Others Present:
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Interim Town Manager Smith
Seventeen members of the public
Town Clerk Masny
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I. DISCUSSION AND POSSIBLE ACTION REGARDING PROCEDURE TO FILL VACANT TOWN COMMISSION SEAT.
Mayor Walters stated that according to the Town Charter, the Town Commission has 30 days to fill the vacancy
on the Commission or call a special election to fill the vacancy. Mayor Walters asked for public comment on the
agenda item.
Kathy Kett, 411 Magnolia, commented that expediting filling the position would be the best thing to do for the
Town and appointing Ms. Riemer, who received over 500 votes would be a good thing overall for the Town given
all of the upheaval.
Molly Allenbaum, 415 Avenue B, commented that she agreed with Ms. Kett's comments.
Leslie Hoskovec, 526 Avenue B commented that she wishes the Town Commission will go ahead and allow
the public to have a vote, we voted you people in and we would like a chance to vote the next one in, to stand
behind what the Town wants.
John Frates, 1950 Atlantic Street commented that Tricia Riemer has earned the position by her votes and the
seat should be given to her.
Dennis Gough, 1706 Orange Street commented that the Town should have another election to let the people
made the choice whom they want, it’s the fair thing to do.
Julie Kinzer, 502 Atlantic Street commented that she is in favor of a public election and in light of all the recent
newspaper coverage that this Town has had that we should steer clear of any favoritism and let the public decide.
Tricia Riemer, 607 Riverside Drive commented that we had an election and she was eligible for third position if
one had been available and the Town Commission should let the public decide because you are up there to do
what the public wants.
Mayor Walters closed the meeting to public comment.
Mayor Walters read into the record from the Town Charter what the process is for filling the vacant Town
Commission seat. “When a vacancy occurs, other than that of Mayor, the remaining Commission members
may select, by the affirmative vote of not less than a majority of the remaining membership, a person to fill
the vacancy. Such an appointed person shall be a qualified elector in the Town, as specified in this Charter,
and shall serve until the next general municipal election, at which time a candidate will be elected to serve a
term equal in time to what would have otherwise been the time remaining in the term of the Commissioner-at-
Large whose office has become vacant.”
Mayor Walters stated that the Town Commission can either appoint someone to fill the vacant seat or hold a
special election and asked Town Clerk Masny for an idea of how much the cost would be to hold a special
election and Town Clerk Masny responded about $3,500 to $4,000. Mayor Walters verified with Town Clerk
Masny that the term would be through November 2004.
Commissioner Guglietta asked if we have a special election, we are talking about filling the Mayor’s seat and
not the Commission seat. Interim Town Manager Smith stated that the Town Charter states that in the event
the office of Mayor is vacated, the Vice Mayor assumes the position until the next general municipal election,
which would be next November. Interim Town Manager Smith stated that it would be an election to fill the
Commission seat that is vacant.
The Town Commission briefed Commissioner Wilson regarding the events of the meeting up to the point
of his arrival.
Commissioner Guglietta stated that it will take 90 days minimum for a special election with 8 months in
the position, and they will just be learning the position.
Mayor Walters asked if the Town Commission wants to spend the money for a special election or should
the Commission try to appoint someone to fill the vacancy because if we cannot agree on an appointment,
by majority vote, which is three (3) out of four (4) of us, then we are going to have a special election and
he would at least like to try to come to an agreement for an appointment for those eight (8) months to
save that $3,500 of taxpayers’ money.
Bill Hoskovec, 526 Avenue B, commented from the audience that he does not think that Commissioner
Wilson was privy to everything that was said before he arrived and stated that all of the citizens present
wanted to have an election.
Interim Town Manager Smith stated we had four (4) citizens who recommended an election and three (3)
that recommended appointment. Ms. Kinzer, 502 Atlantic Street requested clarification from the audience
that three (3) wanted the appointment of Tricia Riemer.
Commissioner Guglietta explained a scenario where there was a vacancy on the Town Commission and
Commissioner Wilson had recently lost an election and he put in a resume to be appointed to the Town
Commission and Commissioner Wilson was appointed to fill a seat. Commissioner Guglietta explained
that the person who comes out second or third in an election is going to be the person to be appointed.
Commissioner Price stated that the only good reason to go to election is that no matter whom the Town
Commission appoints, it will be controversial. Commissioner stated that he agrees that if you run in an
election and lose, you have no absolute right to be appointed and we have had a round of controversy in
Town and the least controversy will be to hold an election and this will be the choice of the citizens.
Commissioner Price stated that the idea of saving time and money by appointing someone to the seat makes
sense because there is a lot of business of the Town to be transacted in that time.
Mayor Walters stated that in the last election the residents said they are not willing to waste money, they want
their money wisely spent can see spending the money to have someone on the Commission for about eight (8)
months. Mayor Walters stated that he would at least try to appoint someone and allow everyone who wants to
apply do so.
Commissioner Guglietta requested to make a comment and stated that before he left his home today, he received
three (3) or four (4) telephone calls from residents and that is tired of people saying what is in his mind because
nobody knows what he is thinking about. Commissioner Guglietta stated that Florida Today printed that we
were going to fire Bill Hoskovec, and nobody asked him if he was going to fire Bill Hoskovec, nor was he going
to tell anybody what his feelings were. Commissioner Guglietta stated that he is taken back when people
telephone and tell him that the Town Commission already has in its mind what is going to happen because
he does not
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER PRICE THAT THE TOWN COMMISSION
APPROVE AN ELECTION TO FILL THE VACANT TOWN COMMISSION SEAT.
VOTE AFTER PUBLIC COMMENT, COMMISSIONER GUGLIETTA, AYE. COMMISSIONER PRICE, AYE.
COMMISSIONER WILSON, NAY. MAYOR WALTERS, NAY. MOTION DEFEATED.
Oxchitl Ross, 1106 Atlantic Street commented and asked if there is any way to poll the residents to get more
people’s input on spending the money for an election? Mayor Walters responded that the Town Commission
only has 20 days to decide and then it will be decided by Charter.
Sharon Abdon, 520 Avenue B commented that there have been several situations where open Commission
seats have come up without going to election. Ms. Abdon commented that no matter what the Town Commission
does in this situation, it will wind up a bad/guy good/guy situation. Ms. Abdon stated that you are looking at an
election to turn around and hold another election, and maybe you should bring in other candidates and maybe
if Tricia Riemer only lost by so many votes, she should be appointed. Ms. Abdon asked if the Town Commission
is making a decision based on the fact that a group of people walked out or on the Town? Or is it because Florida
Today is watching us now?
John Frates, 1950 Atlantic Street asked how did Commissioner Walters get to be mayor? Mayor Walters
explained the process as in the Town Charter.
Commissioner Price commented that once you place a person on the Town Commission, they have a 1/5
voice in whatever happens to the Town and even for one (1) month, that person can change the direction
of the Town. Commissioner Price stated that no matter who we choose to fill this seat, it will be controversial
as there will always be some who will say no, no, no and some will say yes, yes, yes. Commissioner Price
stated that if we have the election, we did not chose them, the Town did, in a democratically run election.
Mayor Walters stated that his point is that, if we can’t pick someone, we are going to election so let’s try to
pick someone, if we can’t we have to go to election. Mayor Walters stated that to not try, people are going
to say we are wasting $5,000 of the tax payer’s money and the Town Commission has always appointed
someone to fill a vacancy.
Commissioner Price verified with Interim Town Manager Smith that there was only one (1) election, rather
than appointment in such a situation, and it was due to the fact that there were two (2) vacancies on the
Town Commission and according to the Town Charter, you cannot have more than that and a special
election was called.
Mayor Walters stated that the Town could ask the Florida Today Newspaper to put an announcement in
the “Local Briefs” that the Town Commission is looking for a candidate to serve until November and we
would like them to submit a resume or application to the Town Clerk within seven (7) days. Mayor Walters
stated that once we receive the resumes, we can go through them at a public meeting and their supporters
can speak. Mayor Walters stated that if we can’t decide, we will go to election. Commissioner Price
requested that a notice also be placed on the Town bulletin board.
COMMISSIONER GUGLIETTA MOVED, SECOND COMMISSIONER WILSON THAT THE TOWN COMMISSION
APPOINT AN INDIVIDUAL TO SERVE ON THE TOWN COMMISSION WITHIN THE NEXT 18 DAYS.
VOTE: AFTER DISCUSSION, ALL AYES. MOTION CARRIED.
Mayor Walters opened the meeting for public comment regarding the motion.
Leslie Hoskovec, 526 Avenue B commented that if this motion fails, we will have to go to an election and
waste another month.
Martha Remark, 707 Atlantic Street asked if the motion was to select someone by the 18th only from
resumes? The Town Commission indicated that this is correct.
John Frates, 1950 Atlantic Street asked for clarification from Mayor Walters how he was Vice Mayor and
is now Mayor.
Tricia Riemer, 607 Riverside Drive asked if she can receive copies of resumes prior to the meeting and was
advised that she could ask for a public record’s request for copies or review them at Town Hall in the
designated reading file.
Ann Downing, 801 Pine Street commented that she thought to fill the position, the Town Commission had
to either decide to hold an election, if not had to appoint. Ms. Downing asked for clarification regarding
the first motion.
II. ADJOURNMENT
COMMISSIONER WILSON MOVED, SECOND COMMISSIONER PRICE TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:52 p.m.
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STEVEN O. WALTERS, MAYOR
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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.
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