Loading...
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. -4 Mayor Fit/el le ',tern/ .attest: 'Jeanette Horton.CMC/AAE Pillage Clerk Special Council Meeting 1/12/03 4