TOWN OF MELBOURNE BEACH
MINUTES
TOWN COMMISSION - SPECIAL MEETING
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THURSDAY
August 29 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 7:00 p.m. on Thursday, August 29, 2002 in the Community Center. Mayor Wille also led the
Pledge of Allegiance
Present:
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Mayor Wille
Vice Mayor Smith
Commissioner Crispen
Commissioner Walters
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Others Present:
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Town Manager Hoskovec
Candidate William G. Stacey
Resident Sherri Quarrie
Town Clerk Masny
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I. DISCUSSION AND POSSIBLE ACTION REGARDING THE VACANT COMMISSION SEAT CREATED
BY COMMISSIONER GUGLIETTA’S RESIGNATION (VICE MAYOR SMITH AND COMMISSIONER WALTERS)
Vice Mayor Smith deferred to the Town Attorney Gougelman to update the Town Commission on the agenda item.
Town Attorney Gougelman stated that the question is, now that Commissioner Guglietta has resigned, do we have
an election? Do we appoint somebody? Are the two (2) people who filed for Commissioner Cripsen’s seat
automatically elected? Town Attorney Gougelman sated that the answer is in the Town Charter and the Town
Commission has to do what it says and in what order it says. Town Attorney Gougelman stated that the Charter
tells the Town that the vacancy exists now because Paul Gugleitta resigned August 27, 2002 and the Commission
has 30 days to agree on an appointment to serve until the next municipal election, which would be November 2003,
or go ahead and hold an election.
Town Attorney Gougelman pointed out that Section 2.04 of the Town Charter basically says that if you cannot fill
the vacancy within 30 days, a special election will be held. Town Attorney Gougelman pointed out that it would
be a special election to fill the remainder of the term of that vacant Commission seat. Town Attorney Gougelman
stated that the Town Commission could open qualifying tomorrow morning and close is at Noon on September 6,
2002 to please the Supervisory of Election’s schedule and have the seat on the November 5, 2002 ballot. Town
Attorney Gougelman stated this qualifying period would be for Commissioner Guglietta’s seat and not Commissioner
Crispen’s seat.
Town Attorney Gougelman stated that the Town Charter does not allow the Town Commission to take those two (2)
candidates who qualified for Commissioner Crispen’s seat and place them in the two (2) vacant seats.
Mayor Wille asked Town Attorney Gougelman to review the alternatives. Town Attorney Gougelman stated that
the Town Commission has two (2) alternatives:
1. The Town Commission can come to a conclusion within the next 30 days as to whom you would like to
appoint to serve until November 2003; or
2. The Town Commission can hold a special election, and if so you could call the special election to coincide
with the November election or hold it another date
Commissioner Walters stated that we have to hold qualifying until Noon on September 6th and this will give the
clerk time to get the names to the election’s office before they close. Commissioner Walters stated that if we
decide to hold the election in November, the residents would have four (4) days to pick up packets and get them
back in.
Mayor Wille pointed out that there will be different candidates because the two (2) that qualified for Commissioner
Crispen’s seat will be in the general election and there will now be two (2) separate elections held on the same date.
Town Attorney Gougelman pointed out that the easy way to explain this to someone is that the qualifying period
for the Crispen seat is closed.
Commissioner Walters questioned if Bill Stacey and Donnie Price, Sr. can qualify for Commissioner Guglietta’s
seat as they are qualified for Commissioner Crispen’s seat? Town Attorney Gougelman stated they could if they
withdraw from filing for Commissioner Crispen’s seat. Commissioner Walters stated it is his goal to let the people
decide who the Commissioners are. Commissioner Walters verified that if only one (1) person qualifies for
Commissioner Guglietta’s seat, they will fill the seat while the other two (2) have to run for Commissioner
Crispen’s seat.
Mayor Wille opened the meeting up for comments from members of the audience.
Candidate Bill Stacey, 610 Hibiscus Trail commented that he goes strictly by the book and the book says we
have an opportunity to apply for one (1) seat, it does not matter if another one comes along the way. We were
all to file by a certain date and all three candidates for this position had their packets a minimum of 30, 40 to 50
days, and we all knew the qualifying time. Mr. Stacey stated it may look funny if we hold a special election and
what happens if the first person gets 500 votes, the second 400 and the person who runs for Guglietta’s seat gets
300 votes and this person wins Guglietta's seat?
Paul Guglietta, 318 Third Avenue commented that the Town Commission has a short period of time to qualify one
person for the Commission seat and stated that he does not feel the Town will get more than one (1) candidate
to run for seat. Mr. Guglietta stated that this person will serve the two (2) years but, if the Commission decides
to appoint, they will serve one (1) year. Mr. Guglietta apologized for putting the Town Commission in this situation
and advised that he believes the only way he sees this seat should be filled is by election.
Vice Mayor Smith stated that she had a couple of telephone calls from residents asking what will happen, and
she has advised that the Commission can either appoint or hold special election.
VICE MAYOR SMITH MOVED, SECOND COMMISSIONER CRISPEN TO OPEN QUALIFYING FOR FORMER
COMMISSIONER GUGLIETTA'S SEAT THROUGH 12:00 P.M. ON SEPTEMBER 6, 2002, WHICH WILL CREATE
A SPECIAL ELECTION TO TAKE PLACE ON THE SAME DAY AS THE GENERAL MUNICIPAL ELECTION,
NOVEMBER 5, 2002.
VOTE: ALL AYES. MOTION CARRIED.
Commissioner Walters commented that he does not feel that the Commission could all agree on whom to appoint
to this position and that he agrees with the Commission that the Town should hold a special election to fill the seat.
Mayor Wille pointed out that all candidates will have the same amount of time to campaign for the elections.
II. ADJOURNMENT
COMMISSIONER WALTERS MOVED, SECOND VICE MAYOR SMITH TO ADJOURN.
VOTE: ALL AYES. MOTION CARRIED.
The special meeting of the Town Commission of the Town of Melbourne Beach, Florida adjourned at 7:25 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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