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HomeMy WebLinkAboutM-79-0085Mayor Fevre: same purpose to 20 Votes. WIltittUPON the City tisfi ion went into a lrief letess at 1:10 P.M. for purposes of having bttneh, reootivetiug at 2 t 55 P.M., with all members of the City Cot►iaissiort found to be present. All right, ladies and gentlemen, we are back it session for the Let me very quickly put this it perspectiite. We have now gone Mrs. Gordon: Mr. Mayor,.., Mayor Ferret ...it niy opinion, I don't think that we can go IItuch longer. I think what we ought to do, if it's the will of the majority here is to go for maybe a maximum... Mrs. Gordon: Mr. Mayor, excuse me for interrupting you but I just want you to know before you come to a conclusion that I have some information that I'd like to relay. Mayor Ferrer I will be happy to recognite you for that purpose as soon as I finish my statement. I think that we ought to have maybe 3, 4, a maximum of 5 more votes. If we can't come to a conclusion in 5 votes, then I think that I will change my position and go along with Father Gibson on the...to appoint a Committee My only request would be that we would nominate for that Committee people that will be able to meet this afternoon, not that we can conclude it this afternoon, but let these people who are knowledgeable in the community come to a fairly quick nonclusion in their recommendations. If they can do it in the next 4 or 5 or 6 hours, I will be happy to call another Commission meeting this evening at 7:00 pm to see if it can be concluded and, if not this evening, then tomorrow at 8:00 in the morning, and if not at 8:00 then at noon, and so on. We have until Friday. Now, why would I like to do it before tomorrow. We've got some very, ve- ry important matters to come up before this Commission tomorrow and I think it is important that we have a full Commission for whatever important matters come before us`. Now, the argument has been made on this that how can we expect some- body who's completely unacquainted with the issues to vote, and I think that is a valid statement. I think, however, that at least that person can begin getting involved in the process and it may be that that person would say -I would like to respectfully request the Commission not to come to a conclusion on this particular matter until I've had further time to get to it, and that's a valid request, and I certainly would honor that. Now, absent some kind of an agreement between now and midnight Friday night it is my opinion that before we let midnight strike Friday night that we should then call for an election in May and that we should appoint somebody to serve interim between now and May 8 Now, there is some question as to the legality of it. Let me speak to the legality of it and how that...if I'm wrong, I'm wrong. The legality of it would be as follows. The person who is, appointed on an interim basis would agree to resign on the 8th of April, at which time we would then call for an election in 30 days, which may be made to coincide with the Metro election. I want to make it perfectly clear that that per- son could very well renege on his promise to resign on April 8 and if that were the case, we would be stuck with that person on the Commission until the November elec- tion. I doubt however that anybody would have that kind of presumption to make a public commitment to resign on April 8 and then stay on until November. Now, absent that I see no other alternative except to go for a Special Election and if we do not come with a clear cut recommendation from the Committee, if we cannot come to an agreement by Friday at mid -day, as far as I'm concerned, Iwill...this vote will lock itself in for a Special Election, that's my position. Mrs. Gordon. Mrs. Gordon: Mr. Mayor, I found a very curious thing happening today in the ballot- ing, There have been more than one occasion where three Commissioners have voted for the same candidate butnot on the same ballot. I believe that we ought to put the written ballot now aside and start a verbal discussion and nomination and selection. I believe that if we don't do that we cannot possibly hit the same bal- lot, with the same candidate at the same time and it's just turning into a farse. i would respectfully request that we begin a verbal nomination process. Mayor Ferret Of course, I have no problem in opening this up for discussion if that's the will of the majority of this Commission, however, I would like to very specifically, point Put the following and I don't have the figures in front of me, On the first ballot the only person that has been the recipient of rho votes of three members of this Commission has been Mr, Pemetrio Perez, since I have only voted for Pemetrio Perez .and Armando I.acasa,, On the first vote Father Gibson opened with a vote for pe ►otr o Perez, On the fourth vs talRos€ Gordon voted for Pemetrio Fevrg, After having gone 7 votes and Mrs, Gordon, if you observe, had mh voted for all of the recommendations *as 1 remetber,,,ot Most of them, anyway.* of thekeel tstate Advisory hoard which had specific recottiendationa, With the eItception I think of ` Mr, Pere, who was not on that, if I recall correctly,' th en the point was abundantly clear to me that there was a pattern established as far as Mrs. Gordonwas concerted, I mean a§ far as the votes, Not, father Gibson followed a sitilar though trot tkaet pattern obviously with different people because otherwise there would have been two votes, nobody had two Votes at that point other than Armando Latasa, NOW, fttit the 8th votessince t wattli. it was obvious to me that Lacasa did not have the majority3I then chose the person of those who had been voted upon previously who had gotten two votes who I could agree withjand that person was Dehetriti ere so on that Vote I voted for Defetrio Perez, Now, observe what happened on the 9th Vote. Oh the 9th Vote Rose Gordon voted for betnetrio Perez and so 'did I, Now, on the loth Vote Rose Gordon and I again voted for Demetrio Perez, those were the only two Votes he got, It was now apparent to me after those three votes that that was not follow- ing the pattern that I thought it tight follow and sojtherefore)t then went back to Armando Lacasa, I stayed with Armando Lacasa through the 17th Vote. Again, in the last three votes -18, 19 and 20- I again did the tame thing again and with the saute results. As far as I'm concerned, you know, this has been a pattern that I followed on two occasions, I'm perfectly Willing to open this up for dis- cession but I just wanted to make that comment on the record. Mrs. Gordon: I would like to then nominate verbally Detnetrio'Perez. Mr. Plummer May we a11...Rose, may we all have our observations? Gordon: Yes, okay. Mr. Plummer Here again, even though thine had been somewhat stated before, Mr. Mayor, I voted in the negative of Father's motion prior but I think at this point we are dead -locked and I'm willing to give a try if. Father's recommendation can get us off dead center. That does not exclude the point that I have tried to makeithat is,that I need sufficient time to go back and talk to other people. Now, I personally don't feel that we should continue b alloting but I will, of course, abide by the rules of this Commission if they wish to continue. As a Commissioner I will adhere to the majority's rule but I personally don't feel that more ballots is the answer at this point. Mayor Ferre: Father, do you still feel that way? Mrs. Gordon: Mr. Mayor... Mayor Ferre: Excuse me, Mrs. Gordon, Father do you still feel that way? Father Gibson: I feel the same way about the Committee now as I did before. :Mayor Ferre: All right, then I will change my decision and I will go Mrs. Gordon: Mr. Mayor, I object, I put a nomination on the table... Mayor Ferre; Mrs. Gordon... Mrs. Gordon now, a nomination does not require a second, consequently I call for a vote on my nomination. Mayor Ferre; Mrs, Gordon is making a parliamentary move to force, her vote and I vote no, I'll be the first to vote, -- my vote is no...when there is an enforcement of a situation I'll be happy to comply with that because of the request that Father Gibson previously made which didn't have any.support until Mr.. Plummer made his position and I want tomake sure that it's very clearly under, stood where I stand, We are not going to play games around here, Mrs, Gordon,' Mrs. Gordon; Mr, Clerk, please call the roll. It is not out of order, because it was made before your conversation, sir, Mr, Plummer; What is the motion we are voting on? Mrs, ,Gordon; The motion was to place the nomination of Aemetrio Perez and that does not require a second, Mayor Ferre; She's playing games,. Mrs, Plummer; Fine. Mr. Plummer! Pint. I just wanted to knew what I was noting on, I clic% t hear the motion, Mayor Ferre: There is a motion.'this does not need a second fora nomination. Cal the toll The follotaitig totion was introduced by COMMitaifter Gotdon: A MOTION OFFICIALLY NOMINATING IAMBTAIO Pak2 TO PILL TAB VACANCY CREAM BY THE RESIGNATION OF COMMISSIONER MANOLO REROSC AYES: Commissioner Rose Gordon NOES: Commissioner (key.) Theodore R. Gibson Vice Mayor ,I. L. Plummer Mayor Maurice A. Fevre* ON ROLL CALL: *Mayon Ferte: For the reasons stated, 'I vote no. Rev. Gibson: Mr. Mayor, I would like tofagainiurge this Commission to appoint a group of Latin citizens who would take this list of names and cote back with three of the people..or the names of three people and do not say to us who would be the first, second or third choice, but these are three people that weiin.this community believe you can live with, Each of us will have the tight to appoint somebody to the Committee. The Committe, I believe, if indeed earnest, can work all night. if need be, notify the Mayor when they are ready, and ask the .Mayor to call for a meeting,or we could agree that first thing tomorrow morning the Committee would make its report. I want to make a commitment before. Any three people brought back by that CommitteeI will be willing to support That is a motion. Mayor Ferre: There is a motion, is there a second? Mr. Plummer: I'll second the motion, Mr. Mayor and once again I want to..so there is no misunderstanding. umber one, that I'm not bound by the report they make, and number two, it does not preclude my right as a Commissioner to speak individually with the persons being considered, and I guess that's it. Mayor Ferre: All right, now, Father there is a motion that you've made and Plummer has seconded. Is there further discussion on the motion? Mrs. Gordon: Yes, on discussion, Mr. Mayor. Mr. Plummer: Excuse me....I'm sorry, go ahead. Mrs. Gordon No, that's all right. Mr. Plummer: All right, Mr. Mayor, Mr. Grassie makes a point that maybe when it is appointed.. each one, that an alternate in case that person could not make it...let me also indicate, Mr. Mayor, that it is fully my intention, fully my intention that that Committee will abide by the Sunshine rule, that that Com- mittee will meet in open, public meetings and that if it is not the intention of that motion, then I will vote against it. I don't want any questions and I put it up front and let it be known that if that's the way I've got to operate, that's the way they've got to operate. Rev. Gibson; I will accept that as the intent of the motion. Mr. Plummer; Fine. Mrs, Gordon Mr. Mayor?.,Discussion? Mayor Ferre; On discussion, Mrs. Gordon, Mrs, Gordon; I would like to say in all deference to Father Gibson, J.L. who- ever., Mayor Ferro; And whoever. Mrs. cordon; ,,,you are whoever, After 20 ba1Lots,I don't find the need there that I found this morning before we east the first sine, i felt then that Father had a request that had some merit, I feel now that there has been enough airing o€ the candidates, At this time I'm not in favor of a Committee assignment, I don't think that it iP tb@ proper way to Proceed. I think we are close to a :gone:ae-e;? eceept it RAY het oe the eone1eeion that some Pe©g1e want; So, I will therefore vote ,against the motion when my name is galled. Mayor Fet1et Further dieousbioh, tail the toil. The followting Motion wtaa introduced by editiMit§it5fter tibsoni rho moved its adoptibtl: MOTION NO; 794 A MOTION To CREATE A COMMITTEE FOR THE PURPOSE Off` E iALUATINd RESUMES AND LETTERS of INTEREST of PERSONS SEEK1N0 APPOINTMENT TO SEAT IV of THE CITY COMMISSION ON AN INTERIM BASIS AND INSTRUCTING SAID COMMITTEE To SCREEN THt AFORESAID RESUMES AND SUBMIT THREE NAMES TO TUE CITY COMMISSION POR CONSIbtRATION AND FURTHER INSTRUCTING TRAT TUE SAIb 'COMMITTEE SHALL NOT RANK SUCH THREE NAMES, Upon being seconded by Comissioner plutir, , the Motion was passed and adopted by the following vote- AYES: Commissioner (Rev) Theodore R. Gibson Vice Mayor J. L. Plummer, Jr. Mayor Maurice. A. Ferre NOES: Commissioner Rose Gordon Mayor Ferret All right, now, we'll start with you Mr. Plummer, who do you want to nominate? Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: Rev. Gibson: Mayor Ferre: Father Gibson:. Mayor Ferre: My nomination to the Committee, Mr. Mayor, is Mr. Juan del Cerro. And your alternate? I'll have to think about that. All right, Mrs. Gordon,' and Father Gibson who do you Want? Mr. Mayor, I want to nominate Mr. Carlos Arboleya. All right, Mrs. Gordon?..Any alternate Father Gibson? I have to have time to think about that. Mrs. Gordon? Mrs. Gordon: I would nominate Adam Jimeno and the alternate Alicia Casanova. Mayor Ferre: All right. I will nominate Mr. John Laseville and the alternate will be Manuel Vazquez Now, we need the alternates for Father Gibson and Plummer,in case the individuals who have been nominated cannot accept and as soon. as you can do that, I think the way to do this is to leave this open, and for you to submit the name to the Clerk. Mr. Plummer: Mr. Mayor, I'll try to do that. Mr. del Cerro is present and hehas indicated that he will definitely be there so`I don't feel the urgency for=an alternate, but I will come up with one.. Mayor Ferre; I will try to verify with John Laseville..•And, when you call, Mr. del Cerro here? Mr. Plummer: Yes, Mayor Ferre; Juan, can you meet today? Mr, Juan del Cerro: Yes. Mayor Ferre: Adam Jimeno is here? Can you meet today? Mr, Plummer; Starting say at sic o'clock? You know, to give the people ample time to get here, Mayor Ferre; Mr, Laseville, I've just nominated you to be my representative to this Committee, Can you meet today? Could you accept? Then you can meet today, That leaves Carlos Arholeya, gev, Gibson. Ices, I'm trying to get him right now, (PAUSE) Mr, Plummer; What are we waiting for? mh Mayor` Fettel for rather'dibson to verity Carlos Arboleya. (t,ON0 PAtMM ) Mayor tette: Ladies and gentlemen, 1 think that there is some confusion and if you all sit down 1 Will try to clarify Vas asked the question whether or not it is legal for an Advisory Committee to select the candidates The Advisory Committeewill trot select the tteXt Cotntnissionet, the Advisory Committee will advise, that's what advisory cotnttittees do, they ate advisory it ttatUre NOW, the second question that has code is about the residency in the City of Miattti. Mt. Knott there is no requirement that t knots of in the Charterthat any advisory cohtttittee for any purpose such as this must reside Within the boundaries of the City of Miami. Is that correct? Mr. Knott Yes, sir, the Charter provides for certain committees, boards and. commissions and it sets out the requirements With respect tb residency and the City Commission has the option to impose, or not to impose requil"ements of that nature, When it did appoint boards pursuant to its power. Mayor FerreAll right, I think that's clear now, so we have both of the guess tions that have beets now posed clarified. We are waiting now for Mr. Arboleya to give us his answer and then come to a conclusion. Do you want to take a five minute break? All right, then we'll take a 5 minute break while we heat from Mr. Arboleya, Now, ladies and gentlemen we have now an answer from. Mr. Arboleya. The answer is that he will accept. All right, the decision is that Carlos Arboleya will accept and he can meet at 4:30 PM. Now, Mr John Laseville, are you here? Is Mr. Juan del Cerro...can you meet at 4:30 PM? Mr. Adam Jimeno, can you meet at 4:30 PM? All right, then the only one we are missing is John Laseville. Will somebody find John Laseville? (INAUDIBLE COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: All right, obviously, if he is here, he can meet is 4:30 PM and so that the Committee will meet, I would hope these Chambers publicly deliberate on their recommendations me when they have finished and once that is done I will call mission meeting. I would like to ask your time availability. tonight? Mr. Plummer: Yes. Mayor Ferrel Would you rather meet in the morning? Mr. Plummer: If I have my choice I'd rather meet in the morning but I'm avail- able at any time between now and midnight Friday. we will in an hour, which here at least in Now, they will advise for a Special Com Are you available Mayor Ferre: Mrs. Gordon, what are your time preferences? Mrs. Gordon: Mr:. Mayor, I would prefer we do it this evening. If you think that the Committee'will be ready'this evening then we could -do it this evening., Mayor Ferre: I:'can't tell what the Committee is going to do.,.may I have your attention, please, members of the Committee that are:here, Mr. Adam Jimeno, Mr. Laseville, Mr, Juan del Cerro, all right, the three of you, and Mr. Arboleya: Would you, if you can, select a Chairman amongst the four of you and, if not, then each of you will take the Chairmanship every half-hour or something if you cannot come to an agreement, You are instructed'by this Commission to deliberate and come back with three recommendations_without any order or preference, Three individuals that are acceptable to you as the recommendations that you will make to this Commission. When you have done that, whoever,,,the four of you or one of you, whoever is selected Chairman, I will be in my office or at my home and you will let me know, if'you would please, and then I will tell the Clerk and the Clerk will call. the Commission, Now, my question again is, when will you be available? Mrs. Gordon; 1 will be available at any time, Rev, Gibson; Anytime you say, sir. Mayor Ferro: All right, do you have any preferences?,,pivmmer says he prefer 1omorrpw morning. JAN j'7 1911 Mr, Plutatier: Yes and iet e teli you why, i've 'got d rot of teading t$ tohigiit Y Mayor Ferret All tight 4 Mr, lummdtt Mr, Plummer: ,11 would like to have bore titre. key, dibsioh: td try guest, Mrs. Gordon: t would like to respectfully retittd you that we have for tomorrow, Mayor Ferret At what tithe do we 'start tomorrow? Mrs, Gordon: And 1 cannot come iti before 9:00 o'cioek. Mayor Ferret Theft it Will have to be tonight, J.L. Mr, Plummer: No, it can be tomorrow between 12:00 noon and 2:00 pm. Mrs, Gordon: We have a dedication tomorrow, Mayor Ferret We have a dedication tomorrow, as I recalls an important one up in the Cultner area. UNIDENTIFIED SPEAKER: Little Havana, Mayor Ferre: ..or Little Havana, also an important area, have to be tonight; Mrs. Gordon: I would think that this is important enough do it today.... We ought to meet tonight, we are not sure come up with any recommendation that we would be willing to that we would get a majority vote on those recommendations, we can't make, and we may have to decide at some point that pecial lection and We need time to prepare for that. would itnagine it'd that we ought to the Committee will accept, number one,, that's an assumption we have to have a Mayor Ferre: I agree with that. All right, so I don't think it to put any time constraints on any of you. Mr. Plummer Definitely not. Mayor Ferre: You meet at 4:30 and hopefully... Mr. Plummer: Mr. Mayor, please let me interject my thoughts. Mr. Laseville made a comment that you've got your own free time but tonight. I don't want you under that kind of a time constraint. If it is convenient that you can finish what you feel is the job needed to be done tonight, that's fine, but I don't want you under any time pressure. Mayor Ferre In other words, you do your work as best you can and if you can't come to a conclusion you come back and tell us that. If you come to a deadlock, if you come to a point that you don't think that this , please let me know. All right, good luck, best wishes and see you later on. All right we now go into recess until we call a Commission meeting. (BRIEFLY THEREAFTER) Ladies and gentlemen, I think Commissioner Gordon has made a'valid recommenda- tion, Mr. Plummer, members of the press, and Father Gibson, I will now call a Special Session at 9:00,pm this evening to see if there has been any further ad- vance. Now, that does not mean, I want to snake it very clear, following Flummer's recommendation, that this Committee may not come to a conclusion, if that is the case then we'll break up immediately, If they have come to a conclusion then we can follow the process, in that way you'll know at what time we are going to meet and discuss, WHEREUPON the City Commission went into Recess at 3;35 P.N., reconvening at 9,•10 P.M. with all members of the City. Commission found to be present, Mayor Ferre; All right, Mr, Arboleya, you were the Chairman of the Committee that met, deliberated and game up with a recommendation. Would you give Us the results of ;your deliberations, 1 0 f, Arboleya t Members of the Cot tiesion, you charged us with a fesposaia bi1ity Ehit3 afterhoon, t evaluated 20 faded; the Cotmmittee stet, we have teat oorded statements throughout the meeting, they are in your City tanager': office. Out of the 29 names which were presented, two were cross -residents of the City of Miami, therefore, 27 were eligible. We conducted the elitttination by first reviewing all 27 names to begirt from scratch, which we thought was cur obligation as the mandate of the Com iseion so indicated► to the first elimination process 12 names remained, in the second eiitninatian process b trades remained. The final recommendation of this Con ittee tit you are three states for consideration which you may or may not choose as you so add fit: However, the Committee feels that in the process'that you charged us with we have been careful it these teeatitmendations and We would appreciate the considerate tiott of these names as the decisive note is cast. The three names that We prey sent to you are in no order of any preference] ate itt'no order Of merits, t Will utili2e the alphabet so as my modus of presetting them to you. The fitst nate is Fladio Attaesto, the second frame is Willy GOrt, and the third name is Armando Lacasa. Those ate the three names that the Committee appointed by this Commission came up with as the result of the meeting held this afternoon.. Mayor Ferret Thank you very touch, Mr. Arboleya, for taking from your business schedule, and I'd like to thank the other members of the Advisory Committee for the work that you've done today. All right, I would imagine that the proceedings are that we have now voted 20 tithes, this is the 21st ballot and I guess at this time, unless there is any further discussion, I will assume we would now start voting again. Mr. Plummer: Mayor Ferre: Mrs. Gordon: Are we starting over with a new numbering? I would put 21. There won't be any confusion that way. TWENTY-FIRST BALLOT Mr. Ongie: Results of the Commissioner Gordon: Commissioner Plummer: Mayor Ferre: Commissioner Gibson: Mayor Ferre: Well, now we Mrs. Gordon: You fellows twenty-first ballot: Mr. Gort (1) Mr. Lacasa (1) Mr. Perez (1) Mr. Armesto (1) go to the twenty-second ballot stick to the Committee.. (UNIDENTIFIED INDIVIDUAL MAKES A STATEMENT OFF THE PUBLIC RECORD) Mayor Ferre: No, no, no, this is not a public hearing.. (UNIDENTIFIED INDIVIDUAL): No, no, no Maurice... do it again. Mayor Ferre: Can we get somebody to escort this gentleman outside at time. All right., this is a civic meeting in a democratic process. Okay at this time we are up to the twenty-second vote. TWENTY-SECOND BALLOT Mrs, Gordon: Fellows, come on, let's stop playing games. Mayor Ferre: Is that the twenty second? Mr. Ongie: Coming up, Mayor Ferre; No, this is twenty third coming up, Rev, Gibson: No, the twenty second, Mr. Ongie; On the twenty second ballot; IrMoglIr Commissioner Gibson; Mayor Ferre Com- missioner Plummer; CPAWiesipner Oor'don; Mr, Arnesto, (1) Mr, Lacasa (2) Mr, .Port (1) ,TRatrkittikb_lAttOt Mt, Ohgiet On the twenty'thitd Comissioner cordon: Mayor . Pert e & COMMisaiOnat Plummet: Commissioner Gibson: ballot: Mr, dort (1). Mr► tacasa (2) Mt. Armesto (1) Mayor Ferre: Is this twenty-four how? Mr► Ongie: Twenty-four coming up. Mayor Ferret I think that...let's go one mote time and if we deadlock again then let's have some discussion, okay Mr. Ongie: On the twenty-fourth ballot Commissioner Gordont Mr: Mayor Ferre & Commissioner Plummer: Mt. Commissioner Gibson: Mr. Gort (1) tacasa (2) Armesto (1) Mayor Ferret A11 right, is that the third time in a pattern? Mr. Ongie: Yes row that we have that Mayor Ferre: Well,,_let's go one more ballot, which is the twenty-fifth and then we'll talk a little bit, okay? TWENTY-FIFTH BALLOT: Mr. ongie: On the twenty-fifth ballot: Commissioner Gordon: Mr. Gort Commissioner Gibson: Mr. Armesto Mayor Ferre & Commissioner Plummer: Mr. tacasa Mayor Ferre: All right, now, ladies and gentlemen, that means that..T think that's the fourth vote in a row that's absolutely the same. I would surmise from that, that we are getting ourselves into kind of fixed positions at this time, and I'm open for any suggestions. Do you want to vote one more time Do you want to discussiit?, or do you want to adjourn and start again' tomorrow? I, for one, I am about ready to call for an election. I would vote for the electoral process and...(APPLAUSE)..Obviously, after 25 votes it's quite evident that...I would like to make a statement which I'm going to say in English and then. I'm going to repeat it in Spanish because a lot of people in the Cuban community, in the Latin community that are -here, I want toexpress my opinion to all of you. First I'll say in English and then I'll say it in Spanish. I think that we deadlocked, which is evidently the way we -are going at this point. It's my opinion that if we can't come to an agreement, we are going to have to go to the electoral process. Now, the cleanest way to gol to the electoral process is an immediate election in 30days from Friday, or`45 days mean, after 30 and no later than 45:, The second way is as it was discussed somewhat this morning, which is somewhat complicated because we would have to appoint somebody on a temporary basis who would resign April 8th so that we could go in tandem with the May 8th election the county evidently will have, and if they don't have that election -and Dan Paul I understand is going to have a Petition floating around to be signed- and if he gets that around we might have to tandem without an election.,And if we don't do it that way, we just will call for-:a:Special Election, So those are the alternates,,. mrs,. GordonWhy you have set the parameters that they have to resign on April 8th and not on the day that a person running for a seat,,.,in other words, why couldn't the person fill the seat until maybe the 8th? Mayor Ferre, Poessn't it have to be a vacancy for their being elected? sR Gordon, IQ,, he would autdmatioali.y tender his resignation effective the 8th of May and the C iuiiss on would not have to be without a Coummisaioner for a month? Mayor Petre. Mr. City Attorney? Mt, Knox: The tit:dation has become whether or rot ea May 8th, Oh the day of the election, if a vacancy bCCurs. ,tt:5w, again, I guess if sotieone tenders a resignation which is effective on May 8th, argue -city as of 12t01 A.M. on May 8th there will be a vacandy Oh the Cotission which tray be filled by a Special Eleetift, the difficulty with that position is that if that position bedOtes vacant Oh May 8th then we have to go back to the procedure in which we are now, under the Charter, such that the Coissieti would have 10 days within which to appoint sotebody and if they fail to do it then an election Lust be held in 30 to 45 days after that, Mayor.Fette! In other words, what you Ate saying is that to be perfectly safe Of this you would have to have a resignation when?.., Mt. Knox: Weld have to count the days, but the resignation would have to take place, and the City Commission would have to fail to appoint an individual to fill the resignation within 10 days, and then we start counting 30 to 45 days. Mayor Ferret Oh, no, no, no. so in other words, what you need is forty days from May 8th and by the time you get with that you are meetings until March...' right? So, in other words, whatever arrangements we take now would only be until the end of March and then:the person would then have to resign at the end of March, we'd have to go through a l0-day period, then call for a Special Election 30 days later to coincide with May 8th, Mr. Knox: Yes, sir. Mayor Ferret That's not a very happy solution either. Mr. Plummer: Mr. Mayor, may I offer one opinion? I have been told that a Special Election would in fact --Mr. Clerk you'll correct me, I'm sure, if I'm wrong-- would cost the taxpayers of this community $100,000, am I -in the ballpark? Mr. Ongie: The figure is about $80,000, I got the information yesterday. Mr. Plummer: All right. Mayor Ferre: What? I'll tell you, $80,000 isn't -even though it's an awful lot of money- but in view of what's involved here $80,000 is not going to make a break situation for the City. I'd rather not have to go to that expense, but on the other hand, we've already gone to 25 times and we can't come to an agree- ment, I don't think there is any alternate than to go to an election. And I would strongly recommend that even if somebody gets selected, if we vote again tonight or tomorrow, you know, whoever is going to get that seat after 25 votes is obviously not going to have a very clear mind of this Commission, to put it mildly. The only one who has voted absolutely consistently is J.'L. Plummer. And certainly I haven't, and I'm the first to admit it, you know, so I' guess the point is whoever gets the mandate, it's not going to be a very clear mandate from this Commission. And'I really think that for the welfare of the City and. the good reputation of the City I don't see that there is really any choice but to go to an election, and let it be decided in a public.... That's the first time that that's happened in the City of Miami but perhaps it's taking a little time to realize the reality of where we are. I'd like to make a statement which I started to, first in English and then in Spanish, like Cuban -American friends .. here, because I don't want there to be any mistakes as to where 1 think we are going, It we go to an electoral process, in my opinion, especially where it's tied into the no -stoke' ballot,; or into Mr Paul's resolution which he is now circula- ting in which there will be a ballot if he $ets the appropriate number of votes,. of signatures, with regards to land trusts and the use of the City land for private leases, I think you are going to have en awful lot of negative votes coming out, It is my considered, humble opinion, that it Will be a very difficult oampaign for somebody who is not very well organised, and l think that the Cuban, the Latin community has a very strong chance of losing that seat, I'm not say- ing that there will be other candidates,.you know, this is a democratic process and when there is an election, a lot of people have just recently ran for legis- lative seats who have spent a lot of Money and a lot of effort, who are fairly well known, and I absolutely guarantee you that I know of two or three who will run in this election, And I now of two or three that are going to be very hard to boat, And remember this is a plurality race, there is no.eecond round, So, for ekample, t Watt to point this but, if there are , or 4, or 5 Latin., Americans, or Cuban..Aniericatis who tint for offices and there is 2 at 'Macke., arid one Ang o-gakon 1 dofilt ttad to tell you whet the result is going to be. Now, 1 would like to ask which Otte of you here aid all these groups that you represent is going to guarantee that only 1 or 2 Latins or Cuban- Americans is going to rut/ (MAYCk EEC `titAMSLA` ES into sEA iIEE11IS PkEVIOUS STATEMENT) ; "Yo quiero repetirlo en Espanol pare tie t e se pierda eXaotatefte to qUe yo he dicho aqui, bespues de 25 votos at i the trice que Vamos a Uti proceso electoral, Yo creo qUe no queda otro reiedic porque aun de recibir Uh VOW eh las proximal eleediones, en las pratitias seleccioties, pues yo creo que est iiidividuo to Va a tenet Ur Mandato muy claro, quiet sea la persona. Asi clue, yo creo que pars el`bien= estar public() de la Ciudad, es preferible que tosotios vayainos a un proceso electoral. Ahora, a mi la preocupacion que yo sietnpre he tenido en el proceso electoral es de que Wen me garantiza a rill que 3, 4, 5 o 6 Cubanos-Ainericanos y Latinos to se Vayan a pustular? fo conozco ya aqui a 4 que ine lien dicho que vat pase to qUe pace y van Bueno, van 4 o 5, ahora, si la comunidad negra aqui postula 2 o 3 candidatos, o 1, y aqui los Anglo-Sajones postulan 1 candidato, yo to creo que tengo que.decirles a Uds. quiet Va a ganar eta eleccion cuando es una eleccion de p 1 u r a l i d a d, no es una eleccion donde hay una segunda vuelta. Vamos a estat muy. claros, asi es que yo quiero que Uds. sepan to que se esta jugando aqui. Pot eso, mis queridos hermanos, es que yo queria ampliar el consejo municipal en las ultimas elecciones. Ya Uds. vet pot que yo tenia la razon en eso, y ahora estamos pagando las consequencias de eso, y Uds. que estuvieron en contra de eso pues vi'van con su con- ciencia porque vainos_a un proceso muy delicado ahora." (APPLAUSE). Rev. Gibson: Are we on 26? Mayor Ferre: Do you want to take one more vote? Mrs. Gordon, do you want to take one more vote? Mrs. Gordon: I already have 26 and 27 filled in. Mayor Ferre: Now, wait a minute, there is a move over here to take one more vote, Mr. Plummer, are you in agreement? Mr. Plummer: I don't have no ballots. Mayor Ferre: Mr. Plummer doesn't have any ballots TWENTY-SIXTH BALLOT: Mr. Ongie:. On the twenty-sixth ballot: Commissioner Gordon and Commissioner Gibson: Mayor, Ferre and Mr..Plummer Mrs. Gordon: Do it again. Mayor Ferre: Well, I guess we have some movement here. Mr. Gort Mr. Lacasa TWENTY-SEVENTH BALLOT: Mr, Ongie: On the twenty-seventh ballot; Mrs, Gordon and Commissioner Gibson: Mr, Gort (2) Mayor Ferre and Com- missioner Plummer; Mr, Lacasa (2) Mayor Fero; What number was this? Mr. Ong.e: That was twenty .seven= JAN17iT9 • Mayor Ferret This is 28► Mr, Ongiet Yes, sir. Mayor Ferret I'll tell you what, Rose, let's keep on voting until 80 to. see if this thing is stuck again and then at that point I really think there is not much point just talking anyway. Mrs, Gordon: Maurice, let's just stay here until we reach a conclusion. (APPLAUSE) Mayor Ferre: All right. What was that, 28? TWENTY: EIGHTH BALLOT: -,Mr. Ongie: On the twentyeighth ballot: Commissioner Gordon and Commissioner Gibson: Mayor Ferre and Com- missioner Plummer: TWENTY-NINTH BALLOT: Mayor Ferret All right, we are on twenty-ninth. Twenty-ninth ballot: Mr . Ongie: Commissioner Gordon and Commissioner Gibson: Mr. Gort (2) Mayor Ferre and Com- missioner Plummer: Mr. Lacasa (2) Mayor Ferre: All right, I'll tell you, let's go one more and then let's open it up for discussion and then I, again, I'm going to make my speech again, I guess. THIRTIETH BALLOT: Mayor Ferre This is the thirtieth. Ongie: Thirtieth ballot: Commissioner Gordon and Commissioner Gibson: Mr. Gort (2) Mayor Ferre and Mr. Plummer: Mr. Lacasa (2) Mayor Ferre: All right. Rev, Gibson; Mr. Mayor, Mayor Ferre; Father Gibson, Rev, Gibson; Mr, Mayor and members of the Commission, I want to acknowledge that of all the members of the Commission I suggested the committee process, I believed in it then and I believe in it now. I trust those of you who are here as well as those Of you who are not here saw it in my vote earlier in the day that I went perhaps all of the "would-be" persons who would probably be elected, I made a commitment, when you gave the the Committee, that I would be bound by three names. I have been bound by it, I was thinking that $80 000 is an awful lot of money to spend in times like these where people don't have and, in view of that, I would hope to be Ole to vote again and I'll just tell You right off, I'll switch my vote knowing. I :mean, the candidate is not mine, but I Just can't see spunding $80,000 in times like these when in a few months you till have to lay off some aeveral hundred 'CETA paapie, l just fihd it difficult to take,. ,l run a church and i have to mite whey and it ish't easy and insshuth as i don't vans to do it, l juat hate to eee us tpehd $8O,0bO for an e1 tiou, (APPLAbSE) THtkIY .tlftgl_ tAL ,O :_ Maybe Pertet This is out thirty=fi'tst Vote. (tNAUMELE STATEMENT MADE OPP THE PUELIC RECORD) Mayor Ferret Yes, 1 guess so, after tahat Father Gibson has said. Mr. Ongie: The thirty-first ballot: Cofttmissioner Gotdont Mr► Gott (1) Mayor Ferre, Commissioner Plummer and Cotnmissionet Gibson Mr. Lacasa (3) ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned'at 9:45 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk JAN 1 `7. 1979 tgttE 1'oN the City COMMissififi Wear inti Etitt tetess at ll30 p,M. ffit putposee of having Loath, teoottvetiing at 2:55 NM,, With all fiett►bett of tote City CoMMitaidft fottttd Lb be present. Mayer Petrel All tight, ladies attd gentiaMett, We ate back it aesaion for the sate put°pone. tat the vary 4uiekly put this itt petapettive. toe halve nit gone tfi 20 votes.. trs. Gordon: Mt. Msyot, l .. Mayot 1erre: .,.in my opinion, I don't think that we can go much longet. I think what we ought to do) if it's the will of the Majority hete is to go fot maybe a maximuti , . Mts. Gordon: Mr. Mayor, excuse tie fot interrupting you but I just want you to know before you come t0 a conclusion that I have some infotttlatiott that I'd like to relay. Mayor ferret I will be happy to recogttite you for that purpose as soon as I finish triy statement. I think that we ought to have maybe 3, 4, a tnaximum of 5 more Votes. If we can't come to a conclusion it 5 Votes, then I think that I will change my position and go along with Father Gibson on the...to appoint a Committee.' My only request would be that we would nominate for that Committee people that will be able to meet this afternoon, not that we can conclude it this afternoon, but let these people who ate knowledgeable in the community come to_a fairly quick conclusion in their recommendations. If they can do it in the neat 4 or 5 or 6 hours, I will be happy to call another Commission meeting this evening at 7:00 pm to see if it can be concluded and, if not this evening, then tomorrow at 8:00 in the morning, and if not at 8:00 then at noon, and so on. We have until Friday. Now, why would I like to do it before tomorrow. We've got some very, ve- ry important matters to come up before this Commission tomorrow and I think it is important that we have a full Commission for whatever important matters come before us. Now, the argument has been made on this that how can we expect some- body who's completely unacquainted with the issues to vote, and I think that is a valid statement. I think, however, that at least that person can begin getting involved in the process and it may that that person would say -I would like to respectfully request the Commission not to come to a conclusion on this particular matter until I've had further time to get to it, and that's a valid request, and I certainly would honor that. Now, absent some kind of an agreement between now and midnight Friday night it is my opinion that before we let midnight strike Friday night that we should then call for an election in May and that we should appoint somebody to serve interim between now and May 8 • Now, there is some question as to the legality of it. Let me speak to the legality of it and how that...if I'm wrong, I'm wrong. The legality of it would be as follows. The person who is appointed on an interim basis would agree to resign on the 8th of April, at which time we would then call for an election in 30 days, which may be made to coincide with the Metro election. I want to make it perfectly clear that that per- son could very well renege on his promise to resign on April 8 and if that were the case, we would be stuck with that person on the Commission until the November elec- tion. I doubt however that anybody would have that kind of presumption to make a public commitment to resign on April 8 and then stay on until November. Now, absent that I see no other, alternative except to go for a Special Election and if we do' not come with a clear cut recommendation from the Committee, if we cannot come to an agreement by Friday at mid -day, as far as I'm concerned, I will...this vote will lock itself in for a Special Election, that's my position. Mrs. Gordon. Mrs. Gordon: Mr. Mayor, I found a very curious thing happening today in the ballot - /Jig, There have been more than one occasion where three Commissioners have voted for the same candidate but not on the same ballot. I believe that we ought to put the written ballot now aside and start a verbal discussion and nomination and selection. I believe that if we don't do that we cannot possibly hit the same bal- lot, with the same candidate at the same time and it's just turning into a (arse. 1 would respectfully request that we begin a verbal nomination process. Mayor Ferre; 0f course, I have no problem in opening this up for discussion if that's the will of the majority of this Commission, however, I would like to very specifically point out the following and I don't have the figures in €ront, of me, On the first ballot the only person that has bean the recipient of the votes of three members of this Commission has been Mr, Dernetrio Perez, since l have only voted for.Pemetr.o Fore; and Armando Lacasa. On the first vote Father Gibson opened with a vote for Pemetrio Perez, On the fourth vote Rose Cordon voted for Pemetrio Perez, After having gone 7 votes andf Mrs,'CQrdon, if you observe, had JAN I 7 197, voted for all of the recoehdatiots 1 re ietnber3 r�or most of them, anyway of 'ths Real estate Advisory board which had specific terommttdatiots, with the ekceptiat 1 think of Mr, teret§ who was trot an that, if 1 recall correctly theta the poittt was abuttdattly clear to me that there was a pattern established as far as Mrs, dordot was eottcerted, 1 meat, as far as the votes, Note, Patter Gibson Lail -Wad a similar though not etatt pattern obviously with different people because otherwise there would have been two votes, nobody had two Votes at that point other than Armando taoasa, Now, from the 8th votersince 1 was. it was obvious to tt that Lacasa did tot have the majority, I theft chose the petrsoti of those who had been voted upon previously who had gotten two Votes who I could agree with,and that Berson was Detnetrib Peter so on that vote i voted for Detnetrio' Perez, Now, observe what happened on the 9th vote. O i the 9th Vote Rose Gordon voted for betnettio ere and so did Ic' Now, oh the loth Vote Rose tsordoti and I again voted for Detmettio terez, those Were the only two votes he got.It was trot apparent to the after those three Votes that that was not follow, ittg the pattern that I thought it might follow and soytherefOret)I then went back to Armando Lacs I stayed with Armando tacasa through the i7th vote. Again, in the last three votes -18, 19 and 20- I again did the same thing again and With the Same results. As far as I'in concerned, you know, this has been a pattern that I followed on two occasions, I'm perfectly willing to open this up for dis- cussion but I just wanted to make that cotntnent on the record. Mrs. Gordon: I would like to then nominate verbally Demetrio Perez. Mr, Plummer: May we all...Rose, may we all have our observations? Mrs. Gordon: Yes, okay. Mr. Plummer: Here again, even though mine had been somewhat stated before, Mr. Mayor, I voted in the negative of Father's motion prior but'I think at this point we are dead -locked and I'm willing to give a try if Father's recommendation can get us off dead center. That does not exclude the point that I have tried to makeythat is,that I need sufficient time to go back and talk to other people. Now, I personally don't feel that we should continue b a llo t ing but I will, of course, abide by the rules of this Commission if they wish to continue. As a Commissioner I will adhere to the majority's rule but I personally don't feel that more ballots is the answer at this point. Mayor Ferre: Father, do you still feel that way? Mrs. Gordon: Mr. Mayor... - Mayor Ferret, Excuse me, Mrs. Gordon, Father do you still feel that way? Father Gibson: I feel the same way about the Committee now as I did before. Mayor Ferre: All right, then I will change my decision and I will go along.. Mrs. Gordon: Mr. Mayor, I object, I put a nomination on the table... Mayor Ferre: Mrs. Gordon.... Mrs. Gordon now,a nomination does not require a second, call for a vote on my nomination. Mayor Ferre: Mrs. Gordon is making a parliamentary move to iforce her vote and I vote no, I'll be the first to vote, -- my vote is no...When there is an enforcement of asituation'I'11 be happy to comply with that because of the request that:Father Gibson previously made which didn't have any support until Mr. Plummer made his position and I want to make sure that it's very clearly under- stood where I stand, We are not going to play games around: here, Mrs. Gordon. consequently I Mrs. Gordon; Mr. Clerk, please call the roll. It is not out of order because it was made before your conversation, sir, Mx, Plummer What is the motion we are voting on? Mrs, Gordon; The motion was to place the nomination of Demetrio.Peru and that does not require a second, Mayor Ferre; She's playing games, its, Plummer; Fine wh 1 7 ten Mr. Pluttatert Ride heat the potion, i dust Wanted to kiaw What tSiasotittg , i didn't Mayor Petrel There is d motion. t this does trot steed a deoohd for d nothitidtioh. Cali the'roli. The follot ing Main was introduced by Coti iliasiotef Gordon: A MOTION OPFICIALb t MOMINATI iC bEM'ETRIO P RRZ TO FILL THE VACANCY CRRATEO By THE RESt@tATION OF COMM1SStOMER MAMMA RE M O. AYES: Cotntnissioner Rose Cordon NORM: Cotntt►issioner (Rev.) Theodore R► Gibson Vice Mayor J. L. Mutter Mayor Maurice A. Perre* OIL ROLL CALL *Mayor Ferret For the reasons stated, I vote no. Rev. Gibson Mr. Mayor, I would like to againfurge this Commission to appoint a group of Latin citizens who would take this list of names and come back with three of the people..or the names of three people and do tot say to us who would be the first, second or third choice, but these are three people that weiin this community believe you can live with. Each of us will have the right to appoint somebody to the Cotmittee. The Committe, I believe, if indeed earnest, dan work all night if teed be, notify the Mayor when they are ready, and ask the Mayor to call for a meeting,or we could agree that first thing tomorrow morning the Committee would make its report. I want to make a committnent before. Any three people brought back by that Committee I will be willing to support. That is a motion. Mayor Ferre: There is a motion, is there a second? Mr. Plummer: I'll second the motion, Mr. Mayor and once again I want to..so there is no misunderstanding. umber one, that I'tn not, bound by the report they make, and number two, it does not preclude my right as a Commissioner to speak individually with the persons being considered, and I guess that's it Mayor Ferre: All right, now, Father there is a motion that you've made and Plummer has seconded. Is there further discussion on the motion? Mrs. Gordon: Yes, on discussion, Mr. Mayor. Mr. Plummer: Excuse me....I'tn sorry, go ahead. Mrs. Gordon: No, that's all right. Mr. Plummer: All right, Mr. Mayor, Mr. Grassie makes a point that maybe when it is appointed.. each one, that an alternate in case that person could not make it...let me also indicate, Mr. Mayor, that it is fully my intention, fully my intention that that Committee will abide by the Sunshine rule, that that Com- mittee will meet in open, public meetings and that if it is not the intention of that motion, then I will vote against it. I don't want any questions and I put it up front and let it be known that if that's the way I've got to operate, that's the way they've got to operate. Rev, Gibson: I will accept that as the intent of the motion. Mr, Plummer: Fine, Mrs, Gordon; Mr. Mayor?,.Discussion? Mayor Ferre; On discussion, Mrs, Gordon, Mrs. Gordon; I would like to say in all deference ever... Mayor Ferre: And whoever, Mrs, Gordon; ,,,you are whoever, After 20 ballots,' don't find the need there that I found this morning before we cast the first PPP: I felt then that Father had a request that had some merit, I feel new that there has been enough airing of the candidates, At this time I'm pot in favor of a Committee assignment, I don't think that it is the proper way tp proceed. I think we are close to a conclusion e4cept it way not be the conclusion that .some people want, so, I will therefore vote against the motion when my ne=ae is :called, 04)1 Meyot ate: Votther di cttsbio%, tell the ton. The foiiowitig totio i itttodueed by COMMitgiofter dibeohtaho moved its Adoption: MOTION NO. 10,4 A MOTION TO CREATE A COMMITTEE POR THE PURPOSE OP :VALUATING RESUMES AND LETTERS OP INTEREST OP PERSONS SEEKING APPOINTMENT TO SEAT IV OP THE CITY COMMISSION ON AN INTERIM BASIS AND INSTRUCTING SAID COMMITTEE TO SCREEN THE APoRESAtD RESUMES AND SUBMIT THREE NAMES TO THE CITY COMMISSION FOR CONSIDERATION AND PORTHER INSTRUCTING THAT THE SAIL) COMMITTEE SHALL NOT RANK SUCH THREE NAMES. Upon being seconded by Comissioter Plummer, the motion Was passed and adopted by the following vote AYESt Commissioner (Rev,) Theodore R. Gibson Vice Mayor J. L. Mutter, Jr. Mayor Maurice A. Ferre Commissioner. Rose Gordon NOES: Mayor Ferret All right, now, we'll start with you Mr► Plummer, who do you want to nominate? Mr, Plummer My nomination to the Committee, Mr. Mayor Mayor Ferre: And your alternate? Mr. Plummer: I'll have to think about that. Mayor Ferre: All right, Mrs. Gordon, and Father Gibson who do you want? Rev. Gibson: Mr. Mayor, I want to nominate Mr. Carlos Arboleya. Mayor Ferre: All right, Mrs. Gordon?..Any alternate Father Gibson? Father Gibson: I have to have time to think about that. Mayor Ferre: Mrs. Gordon? Mrs. Gordon: I would nominate Adam Jimeno and the alternate Alicia Casanova. Mayor Ferre: All right I will nominate Mr. John Laseville and the alternate will be Manuel Vazquez. Now, we need the alternates for Father Gibson and Plummer,in case the individuals who have been nominated cannot accept and as soon as you can do that, I think the way to do this is to leave this open, and for you to submit the name to the Clerk. Mr. Plummer: Mr. Mayor, I'll try to do that. Mr. del Cerro is present and he has indicated that he will definitely be there so I don't feel the urgency for an alternate, but I will come up with one. Mayor Ferre I will try to verify with John Laseville. . .And, when you call, is Mr, del Cerro here? Mr. Plummer Yes. Mayor Ferre, Juan, can you meet today? Mr. Juan del Cerro: Yes. Mayor Ferre: Adam Jimeno is here? Can you meet today? Mr, Plummer: Starting say at six o'clock? You know, to` give the tilne to get here. Mayor Ferro; Mr, Laseville, I've just nominated you to be my representative to this Committee. Can you meet today? Could you accept? Then you can meet today. That leaves Carlos Arbole a, tev. Gibson; Yes, I'm trvinp to get hint right now, (PAUSE) Mr, Plummer; that are we waiting for? people ample mh Volti 17IDS son to verify z arl'o§ Arbo1eya� (LON@ PAU g) Mayor Verret Ledies and geflatten, i think that there is t cde eo tfuaioti and if you all ait down l will try to clarify whatis,l was caked the question Whether or not it is legal for an Advisory Cottittee to se1eet the oatdidate. The Advisory COffinittee will hot tdiett the felt Com ►issioner, the Advisory Coftttittee will advise,'that,s what advisory cats ittees do, they ate advisory in Mature, Now, the second question that has code is about the residency in the City of Miami. Mr, Itnok there is no re4uitefent that 1 kfow of ih the Charter that any advisory cotlltliittee for any purpose such as this tttust reside within the boundaries of the City of Miethi, Is that correct? Mr. tnolc: yes, sit, the Charter provides for certain cotnniittees, boards and commissions and it sets out the requirements with respect to residency and the City Commission has the option to impose, or not to impose requirements of that nature, when it did appoint boards pursuant to its power, Mayor Ferre: All right, I think that's clear now, so we have both of the ques.- tions that have been now posed clarified. We are waiting now for Mr, Arboleya to give us his ansutet and then we will come to a conclusion. Do you want totake a five minute break? All right, then we'll take a 5- minute break while we hear froth Mr. Arboleya. Now, ladies and gentlemen we have now an answer from Mr. Arboleya, The answer is that he will accept. All right, the decision is that Carlos Arboleya will accept and he can meet at 4:30 PM. Now, Mr, John Laseville, are you here? Is Mr. Juan del Cerro...can you meet at 4:30 PM? Mr. Adam Jimeno, can you meet at 4:30 PM? All right, then the only one we are missing is John Laseville. Will somebody find John Laseville? (INAUDIBLE COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: All right, obviously, if he is here, he can meet in an hour, which is 4:30 PM and so that the Committee will meet, I would, hope here at least in these Chambers publicly deliberate on their recommendations. Now, they will advise me when they have finished and once that is done I will call for a Special Com- mission meeting. I would like to ask your time availability. Are you available tonight? Mr. Plummer: Yes. Mayor Ferre: Would you rather meet in the morning? Mr. Plummer: If I have my choice I'd rather meet in the morning but I'm avail- able at any time between now and midnight Friday. Mayor Ferre: Mrs. Gordon, what are your time preferences? Mrs. Gordon: Mr. Mayor, I would prefer we do it this evening. If you think that the Committee will be ready this evening then we could do it this evening.. Mayor Ferret I can't tell what the Committee is going to do...may I have your attention, please, members of the Committee that are here, Mr. Adam Jimeno, Mr. Laseville, Mr. Juan del Cerro..all right, the three of you, and Mr. Arboleya. Would you, if you can, select a Chairman amongst the four of you and, if not, then each of you will take the Chairmanship every half-hour or something if you cannot come to an agreement. You are instructed by this Commission to deliberate and come back with three recommendations without any order or preference. Three individuals that are acceptable to you as the recommendations that you will make to this Commission. When you have done that, whoever..,the four of you or one of you, whoever is selected Chairman, I will be in my office or at my home and you will let me know, if you would please, and then I will tell the Clerk and the Clerk will call the Commission, Now, my question again is, when will you be available? Mrs, Gordon: I will be available at any time, Rev, Gibson; Anytime you say, sir, Mayor Fer'r'ei All right tomorrow morning, mh do you have any preferences ,,Plummer says he prefers JOOI?191 Mr, Plume t tonight and let Me toil Mayor `erre t All right you why, i'Ve got a lot of reading t Mutter! ! Mr, Putter: Id Mould like to have more time. ttev, Gibson: Be my guest, Mrs. Gordon: I would like to respectfully retnitid you that we have for tomorrow. Mayor Ferre At what tithe do We start tomorrow? Mrs. Gordon: And I cannot come in before 9'OO oclock. Mayor Ferret Then it will have to be tonight, J.L. Mr. Plummer: No, it can be tomorrow between 12:00 noon and 2:00 pm. Mrs. Gordon: We have a dedication tomorrow. Mayor Ferre: We have a dedication tomorrow, as I recall, an important in the Culmer area. UNIDENTIFIED SPEAKER Little Havana. Mayor Ferre: ..or Little Havana, also an important area. have to be tonight. Mrs. Gordon: I would think that this is important enough do it today ... We ought to meet tonight, we are not sure come up with any recommendation that we would be willing to that we would get a majority vote on those recommendations, we can't make, and we may have to decide at some point that pecial lection and we need time to prepare for that. an agenda one up. would imagine it'd that we ought to the Committee will accept, number one, that's an assumption we have to have a Mayor Ferre: I agree with that. All right, so I don't think to put any time constraints on any of you. Mr. Plummer: Definitely not. Mayor Ferre: You meet at 4:30 and hopefully... Mr. Plummer: Mr. Mayor, please let me interject my thoughts. Mr. Laseville made a comment that, you've got your own free time but tonight. I don't want you under that kind of a time constraint. If it is convenient that you can finish what you feel is the job needed to be done tonight, that's fine, but I don't want you under any time pressure. Mayor Ferre In other words, you do your work as best you can and if you can't. come to a conclusion you come back and tell us that. If you come to a deadlock, if you come to a point that you don't think that this , please let me know. All right, good luck, best wishes and see you later on. All right we now go into recess until we call a Commission meeting. (BRIEFLY THEREAFTER) Ladies and gentlemen, I think Commissioner Gordon has made a valid recommenda- tion' Mr. Plummer, members of the press, and Father Gibson, I will now call a Special Session at 9:00 pm this evening to see if there has been any further ad- vance, Now, that does not mean, I want to make it very clear, following Plummer's. recommendation, that this Committee may not come to a conclusion, if that is the case then we'll break up immediately, If they have come to a conclusion then we can follow the process, in that way you'll know at what time we are going to meet and discuss. WHET EUFON the City Commission went into Recess at 3;35 P.M,, reconvening at 9;10 P,M. with all members of the City Commission found to be present, 14aycr Ferra: All right, Kr, Arpcleya, you were the Chairman of the ,comp ittee. that met, deliberated and came up with a recommendation. Would you give us the results pf your .deliberations, it's fair Mr. Arboleya t Metnbets of the Cottttnission, you charged Ua with a responsi= t i1ity this afternoon, we evaluated 29 haties, the a tttmittee 'Met, we have tee Corded statements throughout the meeting, they are itt your City Mattageris office. out of the 29 hates which were presented, two Vat rots residents of the City of Miami, therefore, 27 were eligibles We conducted the eiitiibation by first reviewing all 27 bates to begin froth scratch, which we thought was out obligatith as the mandate of the COMtnissith so indicated. In the first elitbittation process 12 hates remained, in the second elimination process 6 hates remained. The f ittal recotttnendation of this Cot thittee to you are three Manic§ for tonsideTtiott which you tray or hay riot choose as you SO see fit. However. the Cotntnittee feels that in the process that you charged us with we have been careful it these recoulttendations and we would appreciate the considera- tion of these battles as . the decisive Vote is casts The three hates that we pre Sent to you are in no order of arty preference, ate in tto order of merits. I Will utilize the alphabet SO as my tnodus of presenting there to you. the first name is Eladio.Armesto, the second name is Willy Gott,'arid the third name is Armando tacasa. Those are the three names that the Committee appointed by this Co mission catt<e up with as the result of the meeting held this afternoon. Mayor Ferret Thank you very touch, Mr. Atboleya, for taking from your business. schedule, and I'd like to thank the other members of the Advisory Committee for the work that you've done today. All right, I would imagine that the proceedings are that We have now voted 20 tithes, this is the 21st ballot and I guessi at this time, unless there is any further discussion, I will assume we would now start voting again. Mr, Plummer: Are we starting over with a hew.numbering? Mayor Ferre: I would put 21. Mrs. Gordon: There won't be any confusion that way. TWENTY-FIRST BALLOT Mr. Ongie: Results of the Commissioner Gordon: Commissioner Plummer: Mayor Ferre: Cotnmissioner Gibson: twenty-first ballot: Mr. Gort (1) Mr. Lacasa (1) Mr. Perez (1) Mr. Armesto (1) Mayor Ferre: Well, now we go to the twenty-second ballot, let's do it again. Mrs. Gordon: You fellows stick to the Committee. (UNIDENTIFIED INDIVIDUAL MAKES A STATEMENT OFF THE PUBLIC RECORD Mayor Ferre: No, no, no this is not a public hearing.... (UNIDENTIFIED INDIVIDUAL):. No no, no Maurice... Mayor Ferre: Can we get somebody to escort this gentleman outside, at this time. Ali right., this is a civic meeting in a, democratic process. Okay at this time we are up to the twenty-second vote. TWENTY-SECOND BALLOT Mrs. Gordon: Fellows, come on, let's stop playing games. Mayor Ferre: Is that the twenty second? Mr, Ongie:. Coming up,. Mayor Ferre No, this is. twenty third coming Rev, Gibson; No. the twenty second, Mr, Ongie; On the twenty second ballot; } pMMiSSi ►net' Gibson; Mayor Ferro # Com- missioner Plummer; Commissioner Gordon; up. Mr, ArmestP, (1) Mr, ?.aoase (2) Mr, Gort (1) JANI719i INBNIXtTHIttl tALLOt Mt, Otgiet On the twenty third ComffilaSioner Gordon: Mayor Vette & Comfaissioner Plummer: Commissioner Gibson: I`i Et4T?, 4OUIt` i..:= 110T:_ Mayor Ferret is this twenty-four now? Mr. Ongie: Twenty-four coining up Mayor Ferret I think that...let's go one more time and if.we-deadlock again teen let's have some discussion, okay? ballot: Mr, Gott (I) Mr, 1Adasa (2) Mr, Artdsto (1) Mr. Ongiet On the twenty-fourth Commissioner Gordon: Mayor Ferre & Commissioner Plummer: Commissioner Gibson: Mayor Ferret All right, is that pattern? Mr Ongie: Yes, sir. Mayor Ferre: Well, let's go one more ballot, which is the twenty-fifth and then we'll talk a little bit, okay? ballot: Mr. Gort Mr. Lacasa, Mr, Armesto the third tithe in a row that we have that TWENTY-FIFTH BALLOT: Mr, Ongie On the twenty-fifth ballot: Commissioner Gordon: Mr. Gort (1) Commissioner Gibson: Mr. Armesto (1) Mayor Ferre &Commissioner Plummer: Mr, Lacasa (2) Mayor Ferre: All right, now, ladies and gentlemen, that means that..I think that's the fourth vote in a row that's absolutely the same I would surmise from that, that we are getting ourselves into kind of fixed positions at this time, and I'm open for any suggestions. Do you want to vote one more time? Do you want to discuss it?, or do you want to adjourn and start again tomorrow? I, for one, I` am about ready to call for an election. I would vote for the electoral process and,..(APPLAUSE)..Obviously, after 25 votes it's quite evident that...I would like to make` a statement which I'm going to say in English and then I'm going to repeat it in Spanish because a lot of people in the Cuban community, in the Latin community that are here, I want to express my opinion to all of you, First I'll say in English and then I'll say it in Spanish. I°think that we deadlocked, which is evidently the way we are going at this point. It's my opinion that if we can't come to an agreement, we are going to have to go to the electoral process. Now, the cleanest way to go to the electoral process is an immediate election in 30 days from Friday, or 45 days or, ..,I mean, after 30 and no later than 45. The second way is as it was discussed somewhat this morning, which is somewhat complicated because we would that we couldgo in tandem with the y 8th electionnuld resign y April8thso have to appoint somebody on a temporary basis who w May the county evidently will have, and if they don't have that election -and Dan Paul I' understand is going to have a Petition floating around to be signed- and if he gets that around we might have to tandem without an election. And if we don't do it that way, we just will call for a Special Plection, So those are the alternates.,, Mrs, Gordon; Why you have set the parameters that they have to resign on April 8th and not on the day that a person running for a seat,,,,in other words, why couldn't the person fill the seat until maybe the 8th? Mayor Ferro: Doesn't it have to be a vacancy for their being elected? Mrs, Gordon; NQ,, he would automatically tender his resignation effective the 8th of May and the Commission would not have to be without a CPMMig4tP44r for a vanth? Mayor Petrel Mr. City Attorney? Mr. knox: The questiot has becefe whether of not on May 8th, on the day of the elections if a vacancy occurs►.bows again, 1 ghat if'sotheohe tenders a resignation which is effective Oh May 8ths atguedly as of 12101 A.M. oh May 8th there will be a vacancy of the 0otttuiasion which lay be filled by a Special Election. The difficulty with that position is that if that position becotnes Vacant on May 8th then we have to go back to the procedure in which We are Wows under the Charter, such that the Conimissiott would have 10 days t' ithitt which to appoittt soinebbdy and if they fail to do it thenAt election bust be held itt 30 to 45 days after that Mayor Ferre: In other taordss what you are saying is that to be perfectly safe ott this you would have to have a resignation when?... Mr. Knox: We'd have to count the days, but the resignation would have to take place, and the City Cotitnission would have to fail to appoint an individual to fill the resignation within 10 days, and then we start counting 30 to 45 days. Mayor Ferret Oh, no, no, no. So in other words, what you need is forty days from May 8th and by the time;you get with that you are meetings until March... tight? So, in other words, whatever arrangements we make now would only be until the end of March and then the person would then have to resign at the end of March, we'd have to go through a 10-day period, then call for a Special Election 30 days later to coincide with May 8th. Mr. Knox: Yes, sir. Mayor Ferret That's not a very happy solution, either: Mr. Plummer: Mr. Mayor, may I offer one opinion? I have:been told that a Special Election would in fact --Mr. Clerk you'll correct me, I'm sure, if I'm wrong-- would cost the taxpayers of this community $100,000, am 1 in the ballpark? Mr. Ongie: The figure is about $80,000, I got the information yesterday. Mr. Plummer: All right. Mayor Ferre: What?. I'll tell you, $80,000 isn't -even though it's an awful. lot ofmoney- but in view of what's involved here $80,000 is not going to make a break:situation for the City. I'd rather not have to go to that expense, but on the other hand, we've already gone to 25 times and we can't come to an agree tent, I don't think there is any alternate than to go to an election. And I would strongly recommend that even`if somebody gets selected, if we vote again tonight or tomorrow, you know, whoever is going to get that seat,after 25 votes is obviously not going to have a very clear -mind of this Commission, to put it mildly. The only one who has voted absolutely consistently is J L. Plummer. And certainly I haven',t,and I"m the first to admit it, you know, so I guess the point is whoever gets the mandate, it's not going to --be a very clear mandate from, this Commission. And I really think:that for the welfare of'the City and the good reputation of the City I don't see that there is really any choice but to go to an election, and let it be decided in a public.:.. That's. the first time that that's happened in the City of Miami but perhaps it's taking a little time to realize the reality of where we are. I'd like to make a statement which i started to, first in English and then in Spanish, like Cuban -American friends here, because I don't want thereto be any mistakes as ---to where.1 think we are going.' It we go to an electoral process, in my opinion, especially where it's tied into the no- smoke, ballot, or into Mr, Paul's resolution which he is now circula ting,in which there will be a ballot if he gets the appropriate number: of, votes.. Of 'signatures, with regards to land trusts and the use of the City land for private leases. I think you are going to have an awful lot of negative votes coming out, It is my considered, humble opinion, that it will be a very difficult campaign for somebody who is not very well organized, and 1 think that the Cuban, the Latin community has a very strong chance of losing that seat. I'm not says jng that there will be other candidetes..you know, this is a democratic process and when there is an election, a lot of people have gust recently ran for legisr lative seats who have spent a lot of money and a lot of a€fort, who are fairly well known, and 1.abs01-utely guarantee yo0 that I now of two or three who w 11 run in this election. `And 1 know of two or three that are going win very herd to beat, And remember this is a plurality race, there is no seeond round, So, A 1979 tot estample, 1 want to point this out; if there are 15 or 41 oti 5 Latina' Abaricans, of CubangtAhericahs Who tuft for office, and there is / of 3 Fucks, and One A igioaSakon 1 don't treed to tali you that the result is going to be. Now, l would like to ask whieh one of you here and Al these groups that you represent is going to guarantee that only 1 or 2 Lstins or Cuban- Americans is going to run (MAYOR PERK TRANSLATES SLATES INTO SpANf3 ; ETS PREVIOUS STAT NT) : uYo quiero repetir10 eh Espanol pata que to se pierda exactathefte to que yo he dieho aqui. Uespues de /5 votos afii the lute que vamos un proceso eleotcrai. Yo cten que no queda ottro tettedio pntque aun de tecibir un Voto eft las prokitnas elecciones, en las ptoxit►ias seleccioneS, pugs yo tteo gtle ese individuo no va a tet.er un mandato tnuy+ claro, quien sea la persona. Asi que, yo creo 'que Para el bier- estar publico de la Ciudad, es preferibie que nosotros vayatnos a ut proceso electoral. Ahora, a mi la preocupacioti que yo siempre he tenido en el proceso electoral es de que quiet the garantiza'a mi que 3, 4, 5 o 6 Cubanos-Americanos y Latinos no se vayati a postulat? to conozco ya aqui a 4 que me haft dicho que van pase 16 que pase y Van Boeno, van 4 0 5, ahora, si la comunidad negra aqui posttila 2 o 3 tandidatos, o 1, y aqui los Anglo-Sajones postulan 1 candidato, yo no creo que tengo que decirles a Uds. quien va a ganar esa election cuando es una eleccion de p l u r a 1 i d a d, no es una:eleccion donde hay una segunda vuelta. Vamos a estar tnuy claros, asi es que yo quiero que Uds. sepan to que se esta jugando aqui. Pot eso, mis queridos hermanos, es que yo queria ampliar el consejo municipal en las ultiinas elecciones. Ya Uds. ven por que yo tenia la razon en eso, y ahora estatnos pagando las consequencias de eso, y Uds. que estuvieron en contra de eso pues vivan con su con- ciencia porque vamos a un proceso muy delicado ahora."� (APPLAUSE). Rev. Gibson: Are we on 26? Mayor Ferrer Do you want to take one more vote? Mrs. Gordon, do you want to take one more vote? Mrs. Gordon: I already have 26 and 27 filled in. Mayor Ferre: Now, wait a minute, there is a move over here to take one more vote, Mr. Plummer, are you in agreement? Mr. Plummer: I don't have no ballots. Mayor Ferre: Mr. Plummer doesn't, have any more ballots over here. TWENTY-SIXTH BALLOT: Mr. Ongie: On the twenty-sixth ballot: Commissioner Gordon and Commissioner Gibson: Mr. Gort (2) Mayor Ferre and Mr Plummer: Mr. Lacasa (2) Mrs. Gordon: Do it again. Mayor Ferre: Well, I guess we have some movement here. TWENTY-SEVENTH BALLOT: Mr, Ongte; On the twenty-seventh ballot; Mts. Gordon and Commissioner Gibson; Mr. Gorr (2) Mayor Ferro and Com- missioner Plummer; Mr, losegsa (2) Mayer Terre; What number was this? Mr, Ongie; That was twenty-seven, a JAN 11 197 Mayor Pate: This 3s 28. Mt, O giet Yes, sit. Mayor Pate: I'll tell you what: Rtose, let's keep on voting until 36 to see if this thing is stuck again and then at that point l really think there is not fuch point just talking anyway. Mrs. Gordon! Mautite3 let's just stay here until we teach a conclusion. (APPLAUSE) Mayor Fetter All right. What was that, 28? TWEt TY EIGHTS# 'BALLOT: Mr. ongiet On the twenty-eighth ballot: Commissioner Gordon and Commissioner Gibson: Mayor Ferre and com- missioner Plummer: ism. imb TWENTY-NINTH BALLOT:_ Mayor Ferre: All right, we are on Mr. Ongie: Twenty-ninth ballot: Commissioner Gordon and Commissioner Gibson: Mayor Ferre and Com- missioner Plummer: Mayor Ferre: All right, I'll tell open it up for discussion and then again, I guess. THIRTIETH BALLOT: Mayor Ferre: This is the thirtieth. Mr. Ongie: Thirtieth ballot: Commissioner Gordon and Commissioner Gibson: Mayor Ferre and Mr. Plummer: Mr. Gort (2) Mr. Lacasa (2) twenty-ninth. Mr. Gort (2) Mr. Lacasa (2) you, let's goone more and then let's I, again, I'm going to make my speech Mayor Ferre: Rev. Gibson: Mayor Ferre; All right. - Mr. Mayor. Father Gibson, Mr. Gort (2) Mr. Lacasa (2) Rev. Gibson; Mr, Mayor and members of the Commission, I want to acknowledge that of all the members of the Commission I suggested the Committee process, I believed in it then and I believe in it now, I trust those of you who are here as well as those of you who are not here saw it in my vote earlier in the day that I went perhaps all of the "would-be" persons who would probably be elected. I made a commitment, when you gave me the Committee, that I would be bound by three names, I have been bound by it. I was thinking that $80,OQQ is an awful lot of money to spend in times like these where people don't have and, in view of that, I would hope to be able tP vote again and I'll just tell you right off, I'll switch my vote knowing, I mean, the candidate is not mine, but I Just can't sae spending $gQQ00 in times like these when in a few months you will have to lay off BOtne several hundred CE'A peoplel just fit%d it diff ioult to teas. , , , i ruts a church and i have to raise whey acid it isn't easy and ihasttuch At i dof't want to do it, i just have to see tis spend $8b00b for an eleotioti► (APPLAUSE) `PHiH -ttast BALLott Mayor Ferret This is our thittp=first Vote, (ii4AUbIELE STATEMENT MAbE OAF THE PUELIb nun) Mayor Ferret yes, l guess so, after Out Father Gibson has said: Mr, Ongie: The thirty-first ballot: Commissioner Gordon: Mayor Ferre, Commissioner Plummer and. Comiiiissioner Gibson:ii..i......oil i. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 9:45 P.M. Mr. Gott (1) Mt. Lacasa (3) ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk MAURICE A. FERRE Mayor (S E A L) JAN 1 7 1979 IIC-3 DADE COUNTY CODE (1) All such proposals are consistent with the need to minimize flood damage, (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood damage, and, (3) Adequate drainage is provided so as to reduce the exposure to flood hazards;; and (e) Require new or replacement water supply systems and treatment plants and .sanitary sewage plants and sys- tems to be; designed to minimize or eliminate infiltration of flood waters into the systems and plants and dis- charges from the systems and plants into flood waters, and require onsite waste water disposal systems to be located so as to avoid impairment of them or contamina- tion from them during flooding. (Ord. No. 74-48, § 3, 6-18-74) Sec, 11C-4. Development within HFH Districts. (a) Existing uses located on land in an HFH District which isbelow the elevation of the regulatory flood shall not be expanded and no building ;permit referred to in section 11C-3 of this ,chapter may be issued therefor unless the provisions of subsection (b) hereof are complied with; however, this shall not preclude routine maintenance of existing structures or im- provements thereto which are less than substantial improve- ments, as herein defined, which do not increase the physical size of said structure. (b) No newconstruction or substantial improvement shall be undertaken and no building permit referred to in section 11+ may be . issued therefor upon any lands within HFH Districts which are below the level of the regulatory flood unless said new construction or substantial improvement: (1) Is located landward of the reach of the mean high tide; and (2) Is elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that Supp. No. 127 280.80 § 11C-4, § 11C-4 DEVELOPMENT: FLOOD DISTRICTS 11RC: the lowest portion of the structural .members ` of the lowest floor (excluding the pilings : or columns) is elevated at or above the regulatory flood level; and (3) Uses no fill for structural support; and hasthe space below the lowest floor free of obstructions or constructed. with breakaway walls intended to collapse under stress, without jeopardizing the structural support of the structure so that the impairment of abnormally high. tides or wind driven water is minimized; such tempo- rarily enclosed space shall not be used for human habi- tation ; and (4) A registered professional engineer or architect must certify that the structure is securely- anchored to ade- quately anchored pilings or columns to withstand _ ve- locity waters and hurricane wave wash. (c) No mobile homes, except in existing mobile home parks and mobile home subdivisions shall be placed within this. zone:. (d) No man-made alterations of mangrove stands or sand dunes which would increase potential flood damage shalt be permitted. (Ord. No. 74-48, § 4, 6-18-74; Ord. No. 7T-32, § 2, 5-17-77) Sec. 11C-5. Development within GFH Districts. (a) No new construction or substantial improvement, of any residential structure shall be permitted in GFH Districts„ and no building permit referred to in section 11C-3 of this chapter shall be issuedtherefor, unless said new construction or sub- stantial improvement has the lowest floor (including base- ment) elevated to or above the level of the regulatory flood, (100-year flood). (b) No new construction or substantial improvementof any nonresidential structure shall be permitted in GFH Districts,, and no building permit referred to in section I1C-3 of this chapter shall be issued therefor, unless said new construction or substantial improvement has the lowest floor (including basement) elevated to or above the level of the regulatory Supp. No. 127 280.81 DADECOUNTY CODE (1) All such proposals are consistent with to minimize flood damage, (2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, or constructed to minimize or eliminate flood :damage, and, 13) Adequate drainage is provided so as to reduce the exposure to flood hazards; and 1e) Require new or replacement water supply systems and treatment plants and .sanitary sewage plants and sys- tems to be designed to minimize or eliminate infiltration of flood waters into the systems and plants and dis- charges from the, systems and plants into flood waters, and require onsite wastewater disposal systems to be located so as to avoid impairment of them or contamina- tion from them during flooding. (Ord. No. 74-48, § 3, 6-18-74) Sec. 11C-4. Development within HFH Districts. (a) Existing uses .located on land in an HFH District which is below the elevation of the regulatory flood shall not be expanded and no building permit referred to in section 11C-3 of this chapter may be issued therefor unless the provisions of subsection 1(b) hereof are complied with; however, this shall not preclude routine maintenance of existing structures or im- provements thereto which are less than substantial improve- i nents, as herein defined, shich do not increase the physical iiize of said structure. (b) No mew construction or substantial improvement shall be undertaken and no building permit referred to in section 11043 may be issued therefor upon any lands within HFH 13istsricts which are below the level of the regulatory flood unless said new construction or substantial improvement: (1) Is located landward of the reach of the mean high tide; and (2) is elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that £upp. Vo. a27 280.80 DEVELOPMENT: FLOOD DISTRICTS - 1 11C-S the lowest portion of the structuralmembers of the lowest floor (excluding the : pilings or columns) is elevated at or above the regulatory flood level; and (3) Uses no fill for structural support; and has the space below the lowest floor free of obstructions or constructed with breakaway walls intended to collapse under stress without jeopardizing the structural support, of the structure so that the impairment of abnormally high tides or wind driven water isminimized;; such tempo- rarily enclosed space shall not be used for human habi- tation ; and (4) A registered professional engineer or architect must, certify that the structure is securely anchored to ade- quately anchored pilings or columns to withstand ve- locity waters and hurricane wave wash. (c) No mobile homes, except in existing mobile home parks and mobile home subdivisions shall be placed within; this zone. (d) No man-made alterations of mangrove stands or sand dunes which would increase potential flooddamage shall. be permitted. (Ord. No. 74-48, § 4, 6-18-74; Ord. No. 7T-32„ § 2, 5-17-77) Sec. 11C-5. Development within GFH Districts. (a) No new construction or substantial improvement of any residential structure ` shall be permitted in GFH Districts, and no building permit referred to in section 11C-33 of this chapter shall be issued therefor, unless said new construction or sub- stantial improvement has the lowest floor (including baases ment) elevated to or above the level of the regulatory flood (100-year flood)._ (b) No new construction or, substantial improvementof any, nonresidential structure shall be permitted in GFH Districts., and no building permit referred to in section 11C-3 of thin chapter shall be issued therefor, unless said new construction or substantial improvement has the lowest. floor (including basement) elevated to or, above the level of the regulatory Stipp. No. 127 280.81 i i Mr. Amos Benjamin President, Yacht Harbour Condominium Association 2901 South Bayshore Drive Coconut Grove Miami, Florida 33133 Dear Mr, Benjamin Thank you for sending me a copy of the resolution passed by the Yacht Barbour Condominium Association in opposition to the proposed Jamestown Center project. I expect that this matter will come before the City Commission sometime in January or February of neat year. At that time I will make a determination taking into account the various ramifications of this most complex question Again, thank you for forwarding a copy of the resolution. Sincerely, Nhurice A. Ferre 7frkyitinkyli) YACHtHAR old . ,COMM N U,U,M_,ASSO Z A`i O L OAtb ,.01D tt C1=ORSJIM MG, A discussion concerning the proposed high rise condominium complex to be developed by Dr. Robertson at the corner of South Bayshore Drive and Mary Street was had at the regular meeting of the Board of Directors of the Yacht Harbour Condominium Association, Inc., held on Wednesday, October 18, 1978. After discussion, the following motion was duly made, seconded and unanimously adopted: "BE IT RESOLVED that the Board of Directors. representing the Yacht Harbour Condominium Association, Inc., goes on record as being opposed to the granting of any variances whatsoever to the application for variances made by Dr. Robertson as proposed to the City of Miami Planning and Zoning Board at the meeting held Wednesday, October 18, 1978, Plat 1027 Jamestown Center. "BE IT FURTHER RESOLVED that copies of this resolu- tion be sent to the developer, his attorney, his architect, and all members of the City of Miami planning and zoning Board, all members of the Miami City Commission and the Honorable Mayor of the City of Miami, Maurice Ferre" I certify that the above is a true copy of the resolution passed by the Board of Directors of the Yacht Harbour Condominium Association, Inc. PUVVErt ui A`tfbiliktt KottuhiltInca 130 i&ickmeals That H. It, Ct ARK, as Personal PepresetitaL-ive Of the Estate of StJSAN t , COE, and individually, and CAROL H. CLARK, his wife, as the residuary beneficiaries of said estate ha vs made, constituted and appointed, and by these presents do make, constitute and ap= point AMOS BENJAMIN, as their true a td lawful attorney for theta and in their name, lilacs and stead to represen then in any governmental hearings, to preserve, dedicate and convey to the use etaas road their reversionary interests in and to the street as Clark Court, adjacent to real property described as: we ille dqy and ycar.lait abavc written, My com n psio xpi.res s seal s the hundred' and Lot 13 of LAMOREAUX'S SUBDIVISION, Plat Book 6, Pagea1 0 , and also described as Lot 13 of LAMOREAUX' S Township 54 South, Range i�rsoti in Section 21, 41 East, Plat Book 38 at Page 39, Public Records of Dade County, Florida, and to bring legal action to accomplish sane. giving and granting unto AMOS BENJAMIN , said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as they might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirm- ing all that AMOS BENJAMIN, their said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. In Witness Whereof, Alvd dayof seventy-nine. Sealed and delivered44°Pin the presence o 7.4e24..ma have hereunto set January pateof FLORIDA County of DADE Be it Known, 'That on the thousand nine hundred and seventy Not If ry l'U1) I It. our hands and in the year one thousand nine H. R. CLARK , Pershli Represen'tatjiv of Estate of Susan H. Coe, Deceased and individually. dull of annunry nine , before me, 'SUSAN I;, DURRE' lls tssi l 1i'i the Spite •,f Ir 1 t t' 1 tall I►tt11J cullllttl+t,i6Nsett Itll,l oom'll, ,1N1Fitlll4/ to ihd 4i4 1'ssl4, 61-4i -' 04- 4 01•'tdo personally came and appeared H. R. CLARK and CAROL H, CLARK, ' to ins personally 1111111/d,/� .f known, and knot -on to me to be the same ,person; s described in and who executed nth! rh v ,rrl;ttnlr/l01r1,7it the 0.01110 ponirr of nt;►riiiiet) to be and deed, ,; , ,!,, )n 1;estimPOY tierco(, t have hereunto subscribed my' name and a/'ixed any €ea191,...,. �,. v 1,�I1 ';,1 Via - .. lit: '. , MORRIS E, WHITE HENRY BURNEtT JAMEs L.HURLEY RICHARb S. 9ANICK PHILLIR.W. KNIGHT WILLIAM C. NORWOOb HAROLb L, WARD JOHN C. StRICKRoot G EORGE B. rots, JR. FRANK J, MARstoN A. BLACKWELL STIEGLIt2 FREb R. OEER ENRIOUE JOVA MICHAEL J. CAPPUCIO CHARLES L, HUME LAW OFFICCS ittiWtittinttAttAatttilettLEV4BANIC A PROFESSIONAL ASSOCIATION STUART AL� II1t+N JOHfi El,§O DREG ii.+,A@$E KARL CONNELL WILLIAM B. MILLIKEN RONALD P. WEIL ALAN S. Poco,t11q, THDMAS F, MAdfIN C. DOUGLAS SKINNER A, RobGER TRAYNOR, JR. CURTIS CARLSbN i" 1" THOMAS M,TOMORYNs MICHAEL J. MURPHY ltMtitt-tt January 151979 Ralph G. Ongie, City Clerk Clerk of the City of Miami Commission 3500 Pan American Drive Miami, Florida 33133 --COOT FOWLER tis9 -IgOsl WALtER HUMKEY iI912-I9341 FIFTH FLOOR" CITY NATIONAL BANK SUILbING 25 WEST FLAGLER STREET MiAMi, FLoRibA 33130 TELEPHONE 1305) 358.6550 CABLE ADDRE55:"FOWNITE� rELEx:510-215 CITNABANK,MI. Dear Mr. Ongie: I thank you very much for your notice of the City of Miami)s commission meeting to be conducted on Thurs- day, January 18, 1979 at 8:00 p.m. in the City Hall at Dinner Key referable to the "Jamestown Center" appeal. Prior commitments require me to be in Hawaii during that week, and as such, I will be unable to attend. I recently submitted proxies to the zoning board duly received by me in reference to Yacht Harbour residents (as distinguished from owner/non-residents) who are in opposition to the petition. I would appreciate your procuring the copies from the zoning board. I am en- closing herewith two additional proxies recently received. I would very much appreciate it if you would present this letter and the proxies so that they can be ad- vised of our strong opposition to the appeal under- Mr. Ralph 0. Oftg .e Page Two January 15, 1979 taken by the ",Jamestown Center'representatives. Thanking you for your assistance and courtesies, I am' Very truly yours, h' l PWK/c encs. Dictated but'not read cc: Mayor Maurice A. Ferre'. Commissioner J. L. Plummer, Commissioner Rose Gordon Reverend' Theodore Gibson Knight I c»�1a:It,\1'iuxr:, 131:xtxj:•r•r, IIr ti.HY, H.t?Ictc KNI(:I1T A PROFESSIONAL ASSOCIATION tt4OW . ALL MEN t3y THtSE PRESENTS, That the undersigned ineinber of YACHT tAt2$OtJR CONDOMINIU.d ASSOCIA`IIOtV, a Florida corporation, hereby constitutes and appoints t.'HILLIP t3. I{NIGHT, with full power of substitution, to act and vote at any annual, special or other meeting of membersof said association for to consent to any action of members in lieu of a meeting concerning any proposals in opposition to zoning variances seeking to erect an eighteen story building, add a disco type of club, and close streets in the vicinity of 'Yacht Harbour Club, and any variations thereof, and to appear and represent the undersigned before any governmental body holding zoning hearings considering said variances and register the undersigneds' opposition to said variances; hereby confirming upon said proxy and his substitutes, or any of them, authority to vote and act as fully as the under- signed could do if personally present; hereby ratifying and confirming all that said proxy or substitutes, or any one of them, may lawfully do or cause to be done by virtue hereof. This proxy shall remain in full force and effect until revoked in writing by thei undersigned. DATED this .' day of October, 1978. Lci Member (Unit t •i P11OXY I{NOW ALL MEN EY THt8t PREHENTS, That the undersigned member of YAC1IT .HAR$OUR CONDOMINIUM AOsoCIATION, a Florida Corporation, hereby constitutes and appoints PHILLIP W, I NICHT, with full power of substitution, to act and Vote at any annual, special or other meeting of members of said association Or to consent to any action of members in lieu of a meeting concerting ly proposals in opposition to zoning Variances seeking to erect an eighteen story building, add a disco type of club, and close streets in the vicinity of Yacht Harbour Club, and any variations thereof, and to appear and represent the undersigned before any governmental body holding zoning hearings considering said variances and register the undersigneds' opposition to said variances; hereby confirming upon said proxy and his substitutes, or any of them, authority to vote and act as fully as the under- signed could do if personally present; hereby ratifying and confirming all that said proxy or substitutes, or any one of them, may lawfully do or cause to be done by virtue hereof. This proxy shall remain in full force and effect until revoked in writing by the undersigned. DATED ' this day of October, 1978. l Oct .. j ) (2 Member (Unit #