HomeMy Public PortalAbout1993-01-12 Special MeetingCOUNCIL L MINUTES
SPECIAL MEETING - JANU,AR.Y 12, 1993
The special meeting of the Bat Harbour Village Council was
held on Tuesday. January 13. 1993 in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:05 a.m.
by Mayor Stern. The roll was called and those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirsch(
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Carole Sherouse Morris. tillage M+tnager
Jeanette Horton, tillage Clerk
Richard J. Weiss,. Village Attorney
As a quorum was determined to be present. the meeting
commenced.
Resolution:
1 Resolution was read. by title. by the Village Clerk callings for
a special election to propose a charter amendment. The amendment
would allow the Village elections to he held on a date other than
the first Tuesday of April by a majority rote of the Village
Council.
The village Clerk explained that Metro Dade County Code. ArticITi 5,
which states in order for a Charter question to be on the ballot of
a county wide election, the governing bade must authorize this
ballot question not less, than 60 days prior to the election. she
further esplaT ned the election date has been once again changed by
the courts to March 16 thus the necessity of this special meeting.
Assistant Mayor Hirsch! requested the attorney check the Bai
Harbour Code See. S--, date of notice, which requires the posting
of a Notice of Election 60 days prior to the election. He further
stated that he ;s very disturbed with the Clerks office, in that in
planning ahead, this religious issue was not foreseen. Therefore,
the Village could have had the question of a charter amendment
placed on the :November ballot. Assistant Mayor Hirsch] questioner,
also what are the reasons for receiving an absentee ballot. Mrs.
Morris requested Mrs. Smith contact the Supervisor of Election:
office and request this information be faxed to the Village.
Councilman Boggess questioned the cost of an election. The Clerk
replied that the cost of the April b. 1993 election would be
approximately $5,000. Councilman Boggess further stated that the
Village should have the election as planned and later change the
Charter. Assistant Mayor Hirsch] questioned Mr. Weiss if a .fudge
1.60
LOU!:I .liars;ge the e lect io❑ date:. MI. Weiss replied ;n ooin
that there is no legal reason for a judge to change the ele,.t:or
data. Hu further stated that a judge could say that nu Is dui of
his jurisdiction to change this •late. Assistant Mayor dirschl
stated that the present Resolution is very vague. and. people Gi l
think that those in power could make rules any way they wish. Mr.
Weiss erplarned the reasons loi the language in the ballot.
Councilman Blank referred to an artie.le in the Miami Herald where
the judge changed the runoff date to :April 20th. stating the
original date was the last day of Passover and that it fell toy
close to Good Friday. Mr. Weis; stated the difference was that thy
original election was a special election sot by Judge Graham and
therefore he had the right to change the date. Mr. Weiss stated ii
is a matte' of money and that the Council has within their ,rh;litr
to have a specHtl election for the charter question. as well as a
special election to elect the Council. Councilman Blank slated it
the election is held on April 6th, the Village would lose 5u votes.
Mrs. Morris explained to the Council that she was informe.0 that
religious reasons is one of the re:.rt;on• ibtain on absentee
ballot. She further staled that ;absentee ballots rote aiarii-rhc
upon request by reiephone• mail or :n person.
Mr. Weiss staled that if the Council did nothing at this time, the
Village could have a stand alone election tin February 16. l9-i3.
The Clerk explained that under state statute. there would still be
time to advertise. Mitt. Morris stated that a special stand alone
election would cost approximately $7.500. councilman Boggess
stated that this item is of little general interest and therefore
may or may not pars. Assistant Mayor Hirsch) questioned if ,i
certain percentage of voters, is necessary for the ballot question
to he approved. Mr. Weiss replied the majority plus one of those
voting.
Councilman Boggess stated that this issue is not of such over -
riding importance that the Council should continue with this issue
at this time. He further stated that at some future time, if the
Council should desire. the charter question could be included with
the regular election. At this time. the Council will only confuse
the voters and candidates. and therefore he is in favor of dropping•
the issue. Councilman Blank stated his concern in reference to the
media. Mrs. Morris explained that a statement to the media would
he that the Council, after much deliberation, has concluded that
there was inadequate time to provide for approval of an amendment
to the Charter by the electorate. Councilman Taplin questioned if
a letter could be mailed out explaining this matter to the voters.
Mayor Stern suggested that a letter be sent to each registered
voter. she further staled the letter should include the fact that
the Village election is April 6th, which is Holy Week and a Jewish
Holiday. If for any reason you feel you would not be able to come
to vote. please request an absentee ballot on the form attached.
Special Council fleeting 1/12./03
motion was offered by Councilman Boggess to adopt thi-,
Resolution. The motion failed for laLk of a second.
,A motion was offered that a letter be sent to all registered
voters. stating the Village election is April 6th v,htch is holy
Week and a Jewish Holiday. if for auv reason you ,+'ould be unable cc
vote. please request an absentee ballot, by Councilman Boggess and
seconded by Councilman Blank. A motion to amend was offered Ly
Assistant Mayor Hirsch] and seconded by Councilman Taplin that an
open letter to the public he published in the Neighbors section of
the Miami Herald. The motion carried as amended, with the vote as
follows: Mayor Stern aye: Assistant Mayor Ilirschl ayc: t'ouncrimai:
Blank aye: councilman Boggess aye: councilman Taplin aye.
Mr. Weiss advised that at the next Council meeting. Council will
have to rescind the Resolution calling for a special election and
repeal the Ordinance. He further suggested that Rabbi Lipskar and
Dr. Rees he contacted.
3. Other_-_Bu;_..iness_ Councilman Boggess reported i.o the
Council that he. Mrs. Morris and Sam Pocle met with Richard Shack
of the Amphitheater Development. Ir. Shack has tentatively
accepted an invitation to appeal at the January 19th Council
meeting. Mayor Stern stated she received a letter from David
Wolpin. City Attorney of North Miami. requesting to appear before
the Council at the January meeting. Assistant Mayor Firschl
reported that with Mrs. Morris and Mr. Poole, he also has met with
the North Miami sound engineer, city attorney and Councilman Howard
Preruer. Mrs. Morris stated that Mr. Shack will he bring a model of
the amphitheater to the meeting.
Jogging Path:
Mrs. Morris reported that she has heard from the Department of
Natural Resources. They are requesting submittal of certain
information before consideration of the Village's permit
application for repair to the jogging path. The information they
have requested is a dimensioned site plan showing detailed
information. A proposal to prepare such a plan, as submitted from
the consulting engineers. Craig A. Smith & Associates. is in the
amount of $6,265. She further explained that the costs associated
with repair of the path are subject to reimbursement by the Federal
Emergency Management Agency. Therefore, at this time she requests
the Council's authorization to proceed.
A motion was offered by Councilman Boggess and seconded by
Councilman Blank to authorize the expenditure of $6,265 in order to
proceed with the required dimensioned site plan. The motion
carried. with the vote as follows: Mayor Stern aye; Assistant Mayor
Hirsch] aye: Councilman Blank aye; Councilman Boggess aye;
Councilman Taplin aye.
Special Council Meeting 1/12/93 3
t. adiourn_ There being no further ba iness to come heforc
the council. a motion was offered by Assistant Mayor Hirsch! and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (5-0l. and the meeting adjourned at 0:55 a.m.
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Mayor Fit/el le ',tern/
.attest:
'Jeanette Horton.CMC/AAE
Pillage Clerk
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