TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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WEDNESDAY
August 6, 2002
7:00 p.m.
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 Wille at 7:17 p.m. on Thursday, July 25, 2002 in the Community Center.
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Guglietta
Commissioner Walters
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Others Present:
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Attorney Gougelman
Town Manager Hoskovec
Town Clerk Masny
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I. DISCUSSION AND POSSIBLE ACTION ON THE TOWN ATTORNEY’S RECOMMENDATION REGARDING
HIS OPINION DATED JULY 24, 2002 ON THE APPLICABILITY OF FLORIDA’S RESIGN TO RUN LAW –
SECTION 99.012 FLORIDA STATUTES AND SECTION 2.01 MELBOURNE BEACH TOWN CHARTER.
(VICE MAYOR SMITH AND COMMISSIONER WALTERS)
Mayor Wille asked Town Attorney Gougelman to summarize what the options are regarding the resign to run law.
Town Attorney Gougelman stated that Section 99.012 Florida Statutes is also known as the Resign to Run law and
stated that if a Melbourne Beach Commissioner, whose term does not end in November decides to comply with this
law and resigns to run, is the vacancy to be filled by election in November or is it to be filled by appointment of the
Commission and would the present or the Commission elected in November make the appointment? Town
Attorney Gougelman stated that the Resign to Run law allows charter counties and any municipality to fill a
vacancy as prescribed by its Charter. Town Attorney Gougelman referred to an unpublished Dade County Division
of Election's opinion and the conclusion was that the Town has a choice to either hold the election or fill the vacancy.
Town Attorney Gougelman stated that Commissioner Crispen's letter is consistent with the Resign to Run law.
Town Attorney Gougelman recommended that the Town Commission consider holding an election to fill
Commissioner Crispen's vacancy to be consistent with the previous opinion of the Division of Elections.
Town Attorney Gougelman stated that other questions regarding the law are: If an election is held, is the term until
the completion of Commissioner Crispen's term or until the next general election? Town Attorney Gougelman
advised that it would be to the completion of Commissioner Crispen's term. Town Attorney Gougelman stated that if
the Town Commission decides to appoint someone, to fill the vacancy, the newly seated Commission would appoint.
Town Attorney Gougelman stated that if another Commissioner resigns, the Resign to Run law will not come into
effect as it has to be tendered 10 days prior to qualifying, the resignation would be effective immediately and the
present Commission could appoint someone to fill that seat, but presumably, the Commission would want to hold
an election in November.
Mayor Wille asked if there is an additional cost to add another seat on the ballot in November? Mayor Wille was
advised that there would be no additional cost. Commissioner Crispen asked what the cost is to hold a special
election? Town Clerk Masny stated about $3,500. Commissioner Walters stated that he would like to allow
residents to fill the Commission seat.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO PLACE COMMISSIONER
MARK CRISPEN'S SEAT ON THE BALLOT FOR THE ELECTORS TO CHOOSE A REPLACEMENT FOR THE
REMAINDER OF HIS TERM.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters stated that if someone were to resign on the last day of qualifying, there would not be
time to qualify and put the seat on the ballot, so the Commission would probably have to appoint someone.
Town Attorney Gougelman stated that the Town may be able to have an additional qualifying period. It was
discussed that the Supervisor of Elections be contacted regarding extending the qualifying period.
Commissioner Guglietta verified that the Town Charter states that there cannot be any more than two (2)
Commissioners in the appointed positions. Commissioner Guglietta stated that if on the last day of qualifying,
he decides to run for Mayor, turns in his resignation and packet to qualify and is immediately off the Town
Commission, does he still has time to get his name on the ballot? Town Attorney Gougelman stated that the
Supervisor of Elections will have to let the Town know how many days we can extend the qualifying date.
Vice Mayor Smith stated that if another Commissioner resigns to run for Mayor, they have to resign and qualify
for Mayor by August 27th. Town Attorney Gougelman stated that this would be true for the Mayor seat and
Commissioner Crispen's seat. Town Attorney Gougelman stated that if someone resigns from the Commission
to run for Mayor, they would still have to qualify on that last day. Town Attorney Gougelman stated that the
election and qualifying period for that seat has not been called yet and advised that the Town could probably
talk to the Supervisor of Elections and possibly hold a special qualifying period and hold a special election,
coterminous with the November election.
Commissioner Crispen stated that he would think this vacancy would be filled by appointment of the new
Commission after the November election. Town Attorney Gougelman stated that the vacancy would be
created immediately.
II. APPOINTMENT OF A MEMBER TO SERVE ON THE SPACE COAST LEAGUE OF CITIES WATER AND
SEWER COORDINATING COMMITTEE.
Town Manager Hoskovec stated that the County Commission had a meeting and voted down the previous
legislation to create a water/sewer district and the Space Coast League of Cities has been in the process of
creating their own group to work with the County on possible legislation and the Town has a position to fill
on this committee. Commissioner Guglietta volunteered for the Committee position. Town Attorney Gougelman
stated that the Town should also appoint an alternate to the committee. Mayor Wille stated that he would
volunteer to be the alternate committee member.
COMMISSIONER CRISPEN MOVED, SECOND VICE MAYOR SMITH THAT COMMISSIONER GUGLIETTA BE
APPOINTED TO SERVE ON THE SPACE COAST LEAGUE OF CITIES WATER AND SEWER COORDINATING
COMMITTEE AND THAT MAYOR WILLE SERVE AS THE ALTERNATE COMMITTEE MEMBER.
VOTE: ALL AYES. MOTION CARRIED.
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER GUGLIETTA TO HOLD A BUDGET
WORKSHOP ON EITHER MONDAY, AUGUST 19TH OR TUESDAY, AUGUST 20TH AT 7:00 P.M.
VOTE: ALL AYES. MOTION CARRIED.
III. ADJOURNMENT
COMMISSIONER WALTERS MOVED, SECOND COMMISSIONER CRISPEN TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:32 p.m.
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ROBERT D. WILLE, 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.
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