Town ofMelbourne Beach SPEACIALTOWN COMMISSION MEETING COMMUNITY CENTER = 509 OCEAN AVENUE  AUGUST 30, 2022 at 6:00 p.m.  MINUTES  Commission Members: Mayor Wyatt Hoover Vice Mayor Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commissioner Marivi Walker StaffMembers:  Town Manager Elizabeth Mascaro Town Attorney Cliff Repperger Town Clerk. Amber Brown    1. Call to Order  Mayor Wyatt Hoover called the meeting to order at 6 p.m.  2. Roll Call  Town Clerk Amber Brown conducted roll call Commission Members Present Mayor Wyatt Hoover Vice Mayor Joyce Barton Commissioner Sherri Quarrie Commissioner Corey Runte Commissioner Marivi Walker Commission Members Absent  StaffMembers Present Town Manager Elizabeth Mascaro Town Attorney Clifford Repperger Town Clerk Amber Brown  None  3. Pledge of Allegiance and Moment of Silence Mayor Wyatt Hoover led thel Pledge of Allegiance  4. Public Comments  After beingacknowledged by the Mayor, members ofthe public should state their name and address for the record. The Commission encourages citizens to prepare their comments in advance. Each individual will have three (3) minutes to address the Commission on any topic(s) related to Town business, not on the Agenda.  Steve Walters 416Sixth_Ave  Steve Waltersspoke about the two choicesfrom the Town Attorney toj proceed with the November election, or have a special election. He is not inj favor of having a special  election because it is too much work andi money.  Ali Dennington 413Surfrd  Ali Dennington spoke about there being more than one issue with candidate qualification. The agenda and packet didi not include the Town.Attorney's letter SO she objects to any discussion of his opinion. She believes there was an illegal sunshine meeting that happened if each commissioner spoke with the Town Attorney in    succession about the same issue. She spoke about three commissioners not being able Mayor Wyatt Hoover spoke about each candidatel being voted on individually and when that commissionerisupi fort the vote then that commissioner will recuset themselves from  to vote on this because it would affect their race.  the vote.  5. New Business  A. Confirm Qualified Commission Candidates and order names tol be printed on the Mayor Wyatt Hoover spoke about one at large commissioner seat for at two-year term which Marivi Walker is running, and two at large commissioner seats for three-year terms which Joyce Barton, Corey Runte, and Steve Walters are: running. Town Attorney Clifford Repperger spoke about the Loyalty Oath issue that a candidate has raised regarding another candidate who filed the Candidate Oath after getting signatures. See Town Code 13-2(e) which requires a Campaign Treasurer/Designation ofCampaign Depository form and the loyalty oath be filed prior to collecting signatures. Also, see' Town Code 13-6Time and Method of Candidate Qualification. The Candidate Oath and the Loyalty Oath are: not the same thing. In 2011 the State repealed the requirement regarding the Loyalty Oath, however, the Town Code was never updated. Since then other than former Mayor Simmons a separate Loyalty Oath has not been part oft the election packets. Neither the election code nor State Statute requires a Loyalty Oath be filed prior tocollecting signatures since the repeal. None of the candidates filed a separate Loyalty Oath. The options are to waive the code requirement of thel Loyalty Oath for all candidates or determine all ofthe candidate's packets are deficient. Which would then cause three vacancies after the election and  November 8, 2022, Municipal Election Ballot  require a special election. Further discussion ensued  Town Attorney Clifford Repperger spoke about another issue that was raised regarding separating the regular term seats from the vacancy seat. Hei reviewed his previous opinions on this and thati is how hel has interpreted the Code ini the past. He alsos spoke with previous Town Counsel Paul Googleman, and' Town Counsel Bowman from Palm Shores whol has identical verbiage, and both agreed with his assessment. The Town Charter does not address this specific situation. It only addresses when there are  multiple vacancies. Further discussion ensued her candidate packet.  Commissioner Marivi Walker recused herself from the vote pertaining to qualifying  Steve Walters 416 Sixth. Ave    Steve Walters spoke about the concern whether the Commission is voting on having a Mayor Wyatt Hoover spoke about this being the standard course ofa action to qualify Town. Attorney Clifford Repperger spoke about the advertisement for this election which specified there would be two separate races that each candidate would have to  November election or a Special Election. the candidates for the regular election.  pick one.  Ali Dennington 413SurfRd  Ali Dennington spoke about there being a lot ofother options that were not included in the attorney's letter. Ms. Walkerspaperwork was done properly. Corey Runte  andJoyce. Barton should be disqualified.  Jim Simmons 409Avenue. B  Jim Simmons spoke about there being a misinterpretation oft the Sunshine Law. The Sunshine Law is to prevent others. from being a conduit to communicate between the other Commissioners. The way the Code is currently written no previous serving commissioner can serve within 365 days. Typically there are only 364 days between the November meetings. He would suggest the Code be changed to say term rather than 365 days. He stated he was afraid the Loyalty Oath issue would arise when he ran which is why he had a separate Loyalty Oath and hand-wrote that it was turned Commissioner Corey Runte made amotion to approve the candidate package for Marivi Walker; Commissioner Sherri Quarrie seconded; Motion carried 4-0.  in.  Marivi Walker abstained from thevote.  Mayor Wyatt Hoover stated the next candidate package is for Vice Mayor Joyce  Barton.  Ali Dennington 413SurfRd  Ali Dennington spoke about the 2010forms which had two oaths. The top part has the Loyalty Oath and at the bottom has the Candidate Oath. Local law says you have to do one. sentence prior to getting signatures and she did not SO she is disqualified.  They consolidated thej forms. Steve Walters 416 Sixth. Ave    Steve Walters. spoke about the Loyalty Oath and the Candidate Oath being the same  thing.  Tina Coppick 505Avenue. B  Tina Coppick spoke about the character, loyalty, and complahmemts@layee  Barton.  Adam Meyer 214Surfrd  Adam. Meyer spoke about rules are rules and they need to bej followed and that some  type ofoath is important. Gail Gowdy 215Ash. Ave  Gail Gowdy spoke about having nothing negative to say about. Joyce, but rules are rules. The Town.Attorney has given wiggle room and she uoulntyelcomfportahle  with it. A new precedent should not be started.  Kathy Tesi 2005 Neptune Dr  Kathy Tesi spoke about legal counsel being here to advise and keep the Town on the straight and narrow. There is a clear legal opinion that should bej followed. She is in  favor ofJoyce's packet moving,forward.  Frank. La Grassa 412 First Ave  Frank La Grassa spoke about the Town. Attorney having the biggest steak in this and Town Attorney Clifford Repperger spoke about being extremely confident in his  we: should: stick with his opinion.  opinion and that it would withstand anyone challenging it.  Further discussion ensued candidate packet  Vice Mayor Joyce Barton recused herself from the vote pertaining to qualifying her  Commissioner Corey Runte made a motion to approve the candidate package for Joyce Barton as presented; Commissioner Marivi Walker seconded; Motion  carried 4-0. Vice Mayor Joyce Barton abstained from the vote.  Mayor Wyatt Hoover stated the next candidate package is for Steve Walters.    Ali Dennington 413 SurfRd  Ali Dennington spoke about. Marivi Walker, Steve Walters, and Corey Runte doing both a candidate oath and a loyalty oath which are combined in onej form. That Loyalty Oath exists and it is one statement and they are combined into one. statement. There is a 19964 Attorney General opinion on the Loyalty Oath. The only thing the Loyalty Oath must have is one. statement which is Iwill uphold the U.S. Constitution and the Florida Constitution. The. 2010 document had both ofthe oaths on one document and now it is still one document and the sentences are together.  Steve Walters 416Sixth Ave  Steve Walters spoke about every time the Town has been in trouble it is because someone did not follow the rules or broke the law and it has cost thousands ofdollars. He spoke about Jim Simmons saying he would only have, 364 days, but the Code: says he wouldn't take office till the next Commission meeting which would be over 365  days.  Jim Simmons 409 Avenue. B  Jim Simmons spoke about not saying Steve Walters did not have, 365 days but had the Code not shifted the swearing-in to the December meeting, because the voting day Town Clerk Amber Brown spoke about her role with elections and how the Loyalty Oath issue was brought to her and after looking into it we do not have a Loyalty Oath which State Statute: specifies word for word what it is. She then brought it tot the Town  iss sO late, then he would not have. had, 365 days.  Attorney for his opinion and this is where we: are at now.  Commissioner Corey Runte made a motion to approve the candidate package for Steve Walters as presented: Commissioner Marivi Walker seconded; Motion  carried 5-0.  Mayor Wyatt Hoover stated the next candidate package is for Commissioner Corey Commissioner Corey Runte recused himself from the vote pertaining to qualifying his Town Attorney Clifford Repperger spoke about an issue that was raised regarding Commissioner Runte's residency. He: read what the Town Code states. This issue was raised when Commissioner Runte sold his home on Hibiscus Trail in May 2022 and is in the process of completing his new home on River View Lane. Commissioner Runte iscurrentlyi in a temporary lease situation outside oft the Town jurisdiction while his home is being finished. He presented the Voter Residency Guidelines for Florida which aret the same for candidates. Locating somewhere temporarily does not  Runte.  candidate packet.    establish residency, and Commissioner Runte's intent is to reside within the Town of Commissioner Corey Runte spoke about still having a lease on the Hibiscus Trail home and has stayed there since selling it. He has every intent on staying in Melbourne Beach. His pay stubs come to Melbourne Beach, he is thel legal owner of properties in Melbourne Beach, and has two active leases one on Fifth. Ave and one on the Hibiscus Trail home, his family has spent many nights at properties within Melbourne Beach from his mother's place on Fifth tol his brothers place on Magnolia to friends on Surft to his property on River View. All ofhis utility bills, mail, registrations, insurance, driver's license, property taxes, mortgage, bank accounts, and credit cards are all to 402 River View Lane. He spends many nights on vacation and outside of the county Mayor Wyatt Hoover spoke about the Voter Residency Guidelines for Florida on legal residence- homeless. Let the residents choose whom they want tol be the elected  Melbourne Beach.  does that mean he loses his residency.  officials.  Further discussion ensued Steve Walters 416. Sixth. Ave  Steve Walters spoke about never hearing an attorney's opinion SO adamant for an elected official that's already up there. Court opinions in recent years say your residency is where you lay your head. Presented Commissioner Runte's Willingness to Serve Statement and Campaign Treasurer. Form which are. signed under penalty ofperjury. Provided copies ofCommissioner. Runte's voter registration information Mayor Wyatt Hoover spoke about several pieces of misinformed information being Commissioner Corey Runte spoke about multiple incorrect statements. He owns multiple properties within the' Town of Melbourne Beach and has spent many nights at properties within the' Town, and multiple nights in Costa Rica, Mexico, and North Carolina. It's very clear that he signed the documents with full integrity and full  allo ofwhich have his address on River View. Lane. presented that contradict thej presented documents.  clarity.  Ali Dennington 413SurfRd  Ali Dennington spoke about the Town. Attorney giving an opinion while his firm worksf for Commissioner Runte's company which is a huge conflict. Commissioner Runte signed multiple documents under penalty of perjury that he resides at the River View Lane property. Presented a case with the same scenario andfound they  violated ethics code Bloomfield US City ofSt. Petersburg.    Commissioner Corey Runte spoke about spending many nights at his property on  River View Lane.  Jim Simmons 409 Avenue B  Jim Simmons spoke about many. people who have gone awayfor school or the military and maintained their residency at their parent's house. He checked with the Supervisor ofE Elections and DMVwhen he was away and they said no he does not  change it.  Neal Tompkins 2004Neptune Drive  Neal Tompkins spoke about not being an attorney or having an opinion on that, but would like the voters to decide. sO please let all the candidates stay in.  Further discussion ensued  Commissioner Marivi Walker made a motion to approve the candidate package for Corey Runte; Vice Mayor Joyce Barton seconded; Motion carried 4-0. Vice  Commissioner Corey Runte abstained from the vote.  6. Adjournment  Vice Mayor Joyce Barton moved to adjourn; Commissioner Marivi Walker  seconded; Motion carried 5-0. Meeting adjourned at 7:38 p.m.  ATTEST: hB  Nut HCouN Wyatt'Hoover, Mayor  Amber Brown, Interim Town Clerk  VEMOURNE  o  ED 1883