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HomeMy WebLinkAboutCC 1973-04-12 MinutesCITY OF MIAMI SPECIA1 COMMISSION MINUTES OF MEETING HELD ON APRIL 12, 1973 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL MINUTES OF SPECIAL MEETING CITY COMMISSION OF MIAMI, FLORIDA On the 12th day of April, 1973, the City Commission of Miami, Florida met at its regular meeting place at City Hall in said City in special session to consider business of public import. The Meeting was called to order at 9:15 O'Clock A.M. by Vice Mayor Gordon who announced that the purpose of this special meeting was to select a person to fill the post of Interim Mayor of the City of Miami during the absence of Honorable David T. Kennedy. THE FOLLOWING MEMBERa OF THE COMMISSION hERE RESENT: MESSRS, PLUMMER, REBOSO, REVEREND GIBSON AND MRS, iORDON, 1, OPENING STATEMENT Vice Mayor Gordon: Good morning Ladies and Gentlemen. The special City Commission Meeting is now in session. We will begin as we always do with an invocation and I will call on Father Gibson to lead us in prayer and follow that with a pledge to the flag. 'Rbverend Gibson: Let us pray, our Father and our God, we come this morning with heavy hearts and seriousness of purpose and honesty of intent. Our jab this morning especially is to choose for the people of this community, a leader, in the position of Mayor. We ask that those of us who are priveleged to cast our ballots in the interests of the people, will do itwith openess of heart, seriousness of mind and honesty of intent and purpose. We ask also that after we would have performed our duties and responsibilities, that we will be able to face each man, on this Commission as well as our fellow men in the community, bar none, saying, we have done our very best, frail as we are, human as we are. We hope however, that what we will do will be pleasing in your sight, is your servants prayer, amen. Thereupon followed the pledge of allegiance to the flag. Mrs. Gordon: Ladies and Gentlemen. The purpose of this meeting as you know is to select an interim Mayor to fill the slot that Mayor Kennedy is not in at this moment. Therefore we will set up the rules of procedure for the nomination for Mayor. The nominations do not require seconds. Its Tr.y opinion that the Commissioners shall present their choice into nomination and that the ballots be written and given to the Clerk for reading. If this is agreeable with the other Commissioners, I would like to ask that. Mr. Rothstein, City Attorney: Madam Vice Mayor, each of the ballots should be initialed with the name of the Commissioner so that the votes would be identified afterwards. Mrs. Gordon: Yes and numbered if there is more than one. I now would like to ask Father Gibson to chair for this moment so that I may place into nomination, a man who I have given a great deal of thought upon this nomination and I would like to read to you a statement that I made yesterday to the press because I feel that each and every one of,you and my fellow Commissioners should hear this sothat you may understand my reasoning in making this nomination. I read: Since learning of the situation which concerns Mayor Kennedy, I have been concerned as all of you have been with the interim appointment, that it should go to a person who fulfills certain qualifications. First, the acting Mayor should be a person of unimpeachable character. Second, the post should go to someone with an intimate knowledge of the City of Miami and its problems. Third, this should be a person who does not seek further political office in the City and will not use this temporary post APRIL 12, 1973 simply as a springboard to future political gain, but will do a cons:ientous job for the City. Fourth, the acting Mayor should be a person who has not in any way been tainted by any charges of wrongdoing in his business or public life at any level of government and lastly, but really most important of all, the acting Mayor should be a person who has demonstrated leadership and who has a real feeling for humanity and the underpriveleged in our community. I am happy to announce to you as I stated yesterday, that at this special Commission Meeting I will nominate such a person and have prevailed upon one of the most highly respected persons in Miami, Sidney Aronovitz, to allow me to offer his name in nomination and I hope that my fellow Commissioners will not pass up this chance to fill the acting Mayor's post with such an excellent civic leader. Sidney Aronovitz served with distinction as a City Commissioner and for the past several years, he has done an outstanding job for this community as Chairman of the Dade County Housing and Urban Development Board, better known as little HUD. He has been in the forefront, many movements for the betterment of Miami and Dade County, he is a highly respected member of the Bar, he has never been defeated for public office. Mr. Aronovitz told me when I asked if I could nominate him that he was not seeking the job but he would serve if selected under these conditions: First: He hopes and believes as I do, that Mayor David Kennedy will be acquitted of the charges against him and that as soon as that occurs, Mr. Aronovitz will relinquish the Mayor's seat to Mr. Kennedy. Second: In the event that the charges against Mayor Kennedy are not disposed of prior to the November City Elections, Mr. Aronovitz, will not under any circumstances, seek election as Mayor, but leave the post for other candidates to fill, Third: That he will make no deals, secret or otherwise, for selection as Acting Mayor and will take the post only with no strings attached to it . 1 am satisfied, that Sidney Aronovitz, is the best possible choice for the post and I am happy that he will allow his name to be placed in nomination. He will be an excellent custodian of the public trust. I nominate Sidney Aronovitz for the Mayor in the interim period of time. Mr. Rothstein: Madam Vice Mayor, the Senior member of the Commission remaining would be the one who would take the chair, as opposed to Reverend Gibson. Mrs. Gordon: There is no slight upon you Mr. Plummer. I would gladly ask you to take the chair. Mr. Plummer: We have heard the name of Sidney Aronovitz proffered for the term of Acting Mayor of the City of Miami. Before any other thing transpires, I did not see fit, to call a press conference, but thought it was only fair and I am not making a nomination at this time, I am making a statement. That I so inform my fellow Commissioners, as to J. L. Plummers feelings. I made a statement yesterday to my fellow Commissioners, and I want for the record, to make that statement this morning. That statement is as follows: We, within the City of Miami, have been faced with the knowledge that our Commission collectively had the obligation to appoint an interim Mayor for the City of Miami to replace the Honorable David T. Kennedy. I would be less than candid with you and the public, if I did not acknowledge the fact that there have been great pressures upon me as a Commissioner to accept the appointment as Interim Mayor. Equally, I would be less than candid with you if I did not acknowledge that there APRIL 12, 1973 have been great pressures upon me as a Commissioner to nominate other individuals for the interim position of Mayor of Miami. After a great deal of thought and soul searching and discussion with my wife and family, I have come to the following conclusions. No. 1: I am not at this time, a candidate for the interim Mayor of Miami and further will not accept the nomination or a draft for such a position. No. 2: I believe it is my duty as a Commissioner and the duty of my fellow Commissioners, to select a person Man or Woman for the position of interim Mayor who is qualified by reasons of experience and dedication and most importantly, a belief in the viability of the City of Miami. No.3: We must realize that this is an interim appoint- ment and as an appointment, we will not determine the length of the term but the Courts of Florida. No. 4: At this time, I have not made up my mind as to person who I will support at the special meeting this morning. Finally, I wish to thank those people who have called upon me to offer their advice and their counsel. This is a statement which I supplied to each and every Commissioner present here today. I now ask if there are any further nominations? Mrs. Gordon: Mr. Plummer, I'll take the Chair back, I have made my nomination. I will now continue chairing the meeting. Are there any further nominations? Mr. Reboso: I would like at this moment to place the name of Maurice Ferre for Interim Mayor of the City of Miami. Mr. Ferre, a Bachelor of Architectural Engineering from the University of Miami. He is a member of the Board of Directors of the First National Bank. A Trustee of the United Fund. A Trustee of the University of Miami. A Trustee of Barry College. A member of the Board of Governors of the Greater Miami Philharmonic Society. He was the fund raising chairman in 1967. He was a member of the Downtown Development Authority from 1966 to 1968. He is a member of the Board of Directors of the Miami Heart Institute. He is a member of the Dade County Chamber of Commerce. He is the President of the Council for International Visitors. He is a member of the South Florida Council of Boy Scouts of America. A member of the Florida Council of 100. A member of the Inter -American Center Authority. He is President and Director of Maule Industries. Mr. Ferre served as a Legislator from 1967 to 1969 in the House of Representatives and he was a member of this City Commission from 1967 to 1970. Mr. Ferre, in my opinion is an outstanding citizen and it is a great honor for me to place his name in nomination for Interim Mayor of the City of Miami. Mrs. Gordon: We have the nomination as you have heard of Mr. Ferre and as I have said, in my previous statement when I spoke of the type of person we whould select as Interim Mayor of Miami. This should be a person completely above reproach in his business and public life and one who is not tainted by any charges of wrongdoing. With regard to Mr. Ferre, while I like him very much personally I have read from time to time, various charges being made against him or his company and I would like to know more about the status of these cases. For instance, I recall reading that Mr. Ferre and his company were accused of being involved in a price fixing conspiracy to raise the cost of concrete and this action caused the City of Miami as well as other governmental units and individuals to pay more than they should have for concrete. I believe this was in the federal courts and may still be there. Then there were stories in the newspaper some time back about Mr. Ferre's company being cited for some 8 or to violations of Dade COunty Pollution laws by causing both air and water pollution in Miami. APRIL 12, 1973 I believe this was in Metropolitan Court. I want to know if he was found guilty of these acts against the environment. Finally, and just recently, even this morning, I read of charges of Income Tax Violations against Mr. Ferre and his family by the federal government. The morning paper specified 28.6 million. Now, he may be completely innocent of all these charges but before I' would vote to select him as Interim Mayor of Miami, I want to know specifically that none of these charges are pending and I want to know about the disposition and whether there were any convictions, fines, or settlements involved and what they were. I would hope that our City Attorney would research this and report back to us on the matter at our next meeting and to ask the Attorney General Robert Shevin for a written opinion on these very important matters and whether or not, we should appoint someone to this post as Acting Mayor if all these matters have not been resolved. I therefore feel that since this nomination has been made and since I have made this statement, which hurts me deeply, I did not want to have to do this, I feel that this meeting cannot continue with the nomination before us. If any of our Commissioners want to speak to this matter at this moment, I would like to hear from them. Mr. Rothstein. Maam, the only way that can be brought on the floor is be a motion to defer. Mrs. Gordon: I would motion to defer. Mr. Rothstein: You have to give up the Chair for that Maam. Mrs. Gordon: Mr. Plummer, you have the Chair and I move to defer. Mr. Plummer: There is a motion on the floor by Mrs. Gordon to defer. Is there a second to that motion? Reverend Gibson: Mr. Chairman, I hate deferring this matter because the business of the City ought to go on. I realize there are difficulties with our existing laws but in the interest of fair play and certainly for the best interests of the people of this community, I want to say for the record I had not heard this nor have I been aware of these charges. I would like to ask before we go further, when you say defer, for how long? Mrs. Gordon: To the next meeting, is all that we could, Mr. Commissioner because - Mr. Plummer: Are you asking the chair or are you asking Mrs. Gordon? Reverend'Gibson: I want anybody who could give me the proper answer. If it must come from you or the City Attorney. Mrs. Gordon: Let the attorney answer: Reverend Gibson: You or the City Attorney, I am willing to receive it. Mr. Plummer: Father Gibson, I will answer you and if .the City Attorney disagrees with me. he can speak for himself. We are a Commission that rules by majority. This Commission will set the next date if that is what you are requesting. Mr. City Attorney, if you disagree, please state so. Mr. Rothstein: Unless there is a specific date set, it would then be deferred to the meeting of next Thursday. If there is a specific deferral date set beyond that, or before that. Mrs. Gordon: I would defer this until the next regularly scheduled meeting which is April 19th. v Mr. Plummer: Are you making that a part of your motion? APRIL 12, 1973 `'Mrs. Gordon: Yei it is. Mr. Rothstein: And I would remind the Commission that there is a 10 day limitation from 5 o'clock yesterday in which this Commission must choose a temporary Acting Mayor or it automatically goes to a special election. Mrs. Gordon: You have your work laid out for you Mr. Rothstein and you know that the next scheduled meeting falls within the 10 days, so therefore, we are on safe ground. Mr. Rothstein: Yes, that is what I was pointing out. Father Gibson: All right, I second the motion. Mr. Plummer: Mrs. Gorden, for the sake of clarity, since I heard 2 or 3 different statements made by you, I will ask you to repeat your motion and in particular that point that you made as to the investigation to be done by the City Attorney or Mr. Shevin, the Attorney General. Mrs. Gordon: I am asking the City Attorney to do the investigation. I am asking the City Attorney to get a written opinion on his findings from the Attorney General. Mr. Plummer: Your motion, as I understand it - Mr. Rothstein: Just a second please. If I may, the Attorney General of the State of Florida is only allowed to give opinions on the law of the State of Florida or communities withi.n the law of Florida so that for the purposes of asking the Attorney General, you have to define if I understand correctly, is what you want to know, if any of these actions preclude Mr. Ferre from taking this post, is that your question? Mrs. Gordon: Exactly. Whether or not these cases that may or may not be true. Whether they have or have not been resolved. Whether it be fitting and proper for us, as a City Commission, to make such an appointment. Mr. Rothstein: Well Maam, the Attorney General and myself can only tell you if its legal. The Commission will have to decide - Mrs. Gordon: We will accept your opinion of legality, thank you Mr. Rothstein. Mr. Plummer: Now most importantly, Mr. Clerk, do you understand the motion Sir, would you read it back please? Mr. Southern, City Clerk: As I understand it, its a motion to defer the nomination of Mr. Ferre and I wanted clarification as to whether or not this was to defer all nominations. Mr. Plummer: I will ask Mrs. Gordon to please clarify it once again for you. Mrs. Gordon: Would you repeat again, what you said? Mr. Southern: As I understood it there was no reference made to the nomination of Mr. Aronovitz and I wondered if you wanted that included also in your deferral. To defer the entire matter. Mrs. Gordon: The Commission will defer all matters pending before it, this morning to our next regular seheduled meeting which is on the 19th. Mr. Southern: I see, pending an investigation by the City Attorney and an opinion by Mr. Shevin into the matters you have outlined, yes, I understand. Mr. Plummer: Its understood? Mr. Southern: Yes. APRIL 12, 1973 4 411) Mr. Plummer: The motion is made by Mrs. Gordon, seconded by Canon Gibson, is there any discussion. Reverend Gibson: Question. Mr. Plummer: Question on the motion, Mr. City Clerk, call the-•r611. Mr. Southern: Mr. Plummer? Mr. Plummer: I vote yeas Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? Reverend Gibson" Yes. Mr. Southern: Mrs. Gordon" Mrs. Gordon: The vote is yes. Reverend Gibson: Mr. Chai : nian, who do 1 ash nu , you or Mrs. Gordon? I want to ask a question. Am I to assume that this does not preclude ner close the door for further nominations. 1 have the Y-Wt now since, let me make sure, I am going to put it simply. If on Thursday, Theodore Gibson decides he 'wants to nomi1Latc` Joe Domes, :._ could do so. Mrs. Gordon: Father Gibon, :es Sir, cu entitled.- From this point on this meeting this eet n:, c,;.= (.ft . c ..t c d because the nomination needed some clr ri t'ic-.tion ar, i wc. could go no further with this balloting because c :c' hug the clarification and cannot have it this morning. Ladies and Gentlemen, we c,c.v.t c :_ha:.,: V r1 fur being here this morning. This meeting is :l i u'ned . ADJOURNMENT: THERE BEING, NO FURTHER BJSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT: 9:140 O'CLOcK A,M, ATTEST: H. D. SOUTHERN CITY CLERK RALPH G. ONGIE ASSISTANT CITY CLERK ROSE GORDON VICE MAYOR