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Leader whose home was disputed can run again

By SHEILA MULLANE ESTRADA
Published January 15, 2006


MADEIRA BEACH - A commission deadlock over John Wolbert's eligibility to run for re-election means that he will do just that, even though he is physically living in Seminole.

At issue was whether Wolbert is really a resident of Madeira Beach.

On Thursday, Commissioners Martha Boos and Art Thomas said a resounding "no."

But when Mayor Charles Parker and Commissioner Arnold Alloway said "yes," the 2-2 split (Wolbert was not allowed to vote) was the same as if the commission had not voted at all.

And under the city's charter, if Wolbert "certifies" on his election forms that he is a resident, the town must accept it.

The audience was filled with mostly Wolbert supporters, but a few, including former Commissioner Roger Koske, were vehemently opposed to letting Wolbert on the March ballot.

Late last year, Koske sued the city to force Wolbert off the commission. Now he says he may file ethics charges against Parker and Alloway for violating the city charter provision requiring candidates to live in the city for two years.

The issue began when Wolbert moved to Seminole after his Madeira Beach home was severely damaged by Hurricane Frances in 2004.

Part of the Wolberts' roof was torn off in the storm, allowing rainwater into the home and eventually collapsing ceilings. Subsequently, mold spread throughout the home, forcing the Wolberts to leave. FEMA rules prevented repairs and forced the home to be demolished, Wolbert said.

Unable to find affordable quarters in town, the Wolberts bought a home in Seminole until a new home on his property in Madeira Beach can be built. He maintains the Madeira Beach home as his official and legal residence. Wolbert said reconstruction of his home has started and he hopes to be living in it by fall.

Until the hurricane, Wolbert had lived in Madeira Beach for about 15 years, served on the City Commission from 1996 to 2000 and was re-elected to the commission in 2004.

Now he plans to seek re-election again.

The city's attorney, Michael Connolly, told commissioners Thursday that he could find no court rulings or state opinions that would indicate that Wolbert is not a resident of the town.

Connolly said a homestead exemption granted to Wolbert on his Madeira Beach property "persuaded" him that Wolbert is indeed a resident of the city. "Who am I to opine otherwise?" said Connolly to loud applause from residents in the audience.

The commission discussion frequently became heated.

Thomas argued that Wolbert had a choice to repair his home or find another place to live in Madeira Beach.

"I don't doubt for one minute that you are going to move back there, but you don't live there now," said Boos, who repeatedly told audience members not to interrupt her. "You're supposed to be quiet," she told residents at one point. At another she told then not to "laugh" and to "respect" her views.

"The voters of the city should have the right to determine if they want John Wolbert or not," said Mayor Parker.

Alloway said the commission should let the voters decide the issue at the ballot box.

Koske told commissioners they were "passing the buck" on deciding Wolbert's residency. "I believe you people should follow the rules."

After the meeting, Koske said he was considering further court action to force Wolbert off the ballot.

[Last modified January 15, 2006, 01:47:20]


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