Flamingo Meeting, Monday, April 1st, 5:30 pm -- About the Naming of Flamingo Park Tennis Center

Meeting Notice
Flamingo Park Neighborhood Association
Monday, April 1, 2013, 5:30 pm
At The Seymour, 945 Pennsylvania Avenue

Flamingo, the historic, urban residential neighborhood in South Beach from Fifth to Lincoln Road, from Washington Av to Alton Rd.  All Residents, Property Owners and other stakeholders are invited to attend and participate.

  At 5:30 pm -- Naming of Flamingo Park Tennis Center.

This matter returns for consideration. Following, please note Miami Beach Tennis Players Association request, Background Information on previous FPNA action, and response regarding the naming. Aaron Sugarman has prepared the attached timeline, as well. He is organizing additional material for distribution and will lead the discussion. We hope that this matter can be presented, discussed and resolved within one hour.

Thereafter  --  Other Matters

Naming of Flamingo Park Tennis Center -- Background Information:

In early 2012, this matter was brought to our attention by Gayle Durham and then by Aaron Sugarman. It was fully discussed at our January 2012 meeting when we adopted and forwarded the following position to the City:

Dear Mayor and City Commissioners:

At its meeting on January 9, 2012, the Flamingo Park Neighborhood Association unanimously voted in support of a proposal, pursuant to City Code section 82-503, to name the new Flamingo Park Tennis Center "The Flamingo Park Tennis Center". We request that the Neighborhood's Committee add this proposal to their agenda at their earliest convenience, pursuant to city code section 82-503 (2).

Background:

It came to the attention of FPNA that a sign was posted outside of the existing tennis center with a rendering of the new tennis center that reads Future Home of Flamingo Park Holtz Tennis Center. We feel that it is inappropriate to both re-name the tennis center without following a public process, and to move the Holtz name from the demolished stadium to a new tennis center funded wholly with public monies (not Holtz money).

City Code Section 82-503 states that "public facilities and plazas should not be named, or renamed, for living persons unless such persons are over 100 years of age unless the naming or renaming is in exchange for a monetary donation pursuant to Section 82-505."

Since the existing Flamingo Park Tennis Center was not named for Holtz in prior years, and since the new Tennis Center has not been funded by Holtz, it seems inappropriate if not in violation of the City Code to name our new tennis Center after Holtz. It may be appropriate to post a photo of the former Holtz Stadium within the tennis center on a wall, or affix a plaque to a bench on the site of the former stadium bearing his name, if the Commission wishes to continue to honor the Capital Bank funding of the original Stadium.

Subsequently in March, 2012 we wrote to Kevin Smith –

Kevin –

I want to thank again for joining us at the Flamingo Park Neighborhood Meeting on March 5th. I have been asked to draw your attention to an additional matter that did not come up at the March meeting but was substantially discussed at our January meeting, where the following action was unanimously taken:

Dear Mayor and City Commissioners:

At its meeting on January 9, 2012, the Flamingo Park Neighborhood Association unanimously voted in support of a proposal, pursuant to City Code section 82-503, to name the new Flamingo Park Tennis Center “The Flamingo Park Tennis Center". We request that the Neighborhood's Committee add this proposal to their agenda at their earliest convenience, pursuant to city code section 82-503 (2).

Later in March 2012, we received the following opinion from Raul Aguilar:

In response to Dennis Russ’s e-mail to you (which also copied the Mayor and City Commissioners), below is the opinion that we provided Ms. Gayle Durham, regarding the history behind the naming of the Tennis Center. As you know, this is not a new issue. We have previously opined on this matter to you, as well as members of the public, on several occasions.

To summarize, the current City Naming Ordinance was not in effect in 1983, when the City Commission adopted Resolution No. 83-17343 which, in exchange for a monetary donation from Mr. Holtz, agreed to name the tennis stadium facilities—in perpetuity- the “Abel Holtz Tennis Stadium.” In 2000, at the request of Mayor Gelber, Mr. Holtz voluntarily agreed to change the name to the “Flamingo Park/Holtz Tennis Center.”

Proposed Resolution -- Draft 3/28/2013
Flamingo Park Neighborhood Association (FPNA)

Whereas, “the City Commission wishes to insure that citizens of the City of Miami Beach and other concerned members of the public be afforded an opportunity to participate in the process of selecting names for public facilities and streets located in the City of Miami Beach” (Ord. 89-2655); and

Whereas, “the City Commission deems it in the best interests of the general welfare of the City of Miami Beach and its citizens to adopt procedures for the naming of public facilities and streets located in the City of Miami Beach” (Ord. 89-2655); and

Whereas, City Code Section 82-501(a), states that “No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article.”

Whereas, City Code Section 802-503 (a)1 provides that “any person, organization, association, corporation or other entity… may propose a name for a new public facility, or may propose renaming an existing public facility, at any time by submitting a proposed name in writing to the committee”; and

Whereas, City Code Section 802-503(a)2 provides that “within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same for the naming, or renaming, of the public facility…”; and

Whereas, on March 20th, 2012, the Flamingo Park Neighborhood Association by unanimous resolution submitted a proposal to the Neighborhoods Committee to name or rename the new 100% publicly funded tennis center - the “Flamingo Park Tennis Center”; and

Whereas, a year later, on April 1st, 2013, the Flamingo Park Neighborhood Association recognized that “a reasonable time after receipt of the proposal” has already passed; and

Whereas, time is clearly of the essence, and the tennis center is nearing completion; and

Whereas, the present name proposed by Staff for the tennis center, “Flamingo Park Holtz Tennis Center”, was not ratified or approved of by the City Commission as required by City Code; and

Whereas, the original 1983 naming agreement for the Abel Holtz Stadium and Flamingo Park Capital Bank Tennis Center was between Capital Bank Corp. and the City of Miami Beach, with name changes subject to approval by both Capital Bank and the City of Miami Beach; and

Whereas, in December 1994, City Attorney Feingold stated that any contract limiting the City’s absolute sovereignty over public property, particularly parks, could be void, and that it might be necessary for the City to “disclaim the [1983 naming] contract and reassume its authority inherent in the City’s sovereign power”; and.

Whereas, in March 1995, correspondence from Daniel Holtz, President of Capital Bank, indicated that it was the Capital Bank Board of Directors that voted to approve name changes, not Abel Holtz; and

Whereas, in March 1995, Mayor Seymour Gelber indicated to both Daniel Holtz and City Manager Roger Carlton that any name change proposed by Capital Bank, even at the request of Mayor Gelber, had to be approved and ratified by the City Commission; and

Whereas, in June 1995, by Ord 95-2998, the City Code was amended to prohibit naming or renaming public facilities for living persons unless they were over 100 years old; and

Whereas, in 1997, Capital Bank Corp. was sold to Union Planters Corp. in a stock swap deal, the Capital Bank Board of Directors was dissolved, and the Holtz family could no longer negotiate contracts on behalf of Capital Bank; and

Whereas, on August 8th, 2000, when Abel Holtz and City Manager Jorge Gonzalez (appointed 8/21/2000) signed an agreement naming a new proposed publicly funded “Flamingo Park Holtz Tennis Center”, such agreement ignored the fact that the 1983 naming contract between Capital Bank and the City could no longer be re-negotiated by Abel Holtz on behalf of Capital Bank, and the City Manager could not approve of naming or renaming the tennis center without Commission approval; and

Whereas, the City Commission never approved the name “The Flamingo Park Holtz Tennis Center”; and

Whereas, Section 82-503 of our City Code, as amended in September 2000, states "public facilities and plazas should not be named, or renamed, for living persons unless such persons are over 100 years of age unless the naming or renaming is in exchange for a monetary donation pursuant to Section 82-505"; and

Whereas, neither Abel Holtz or the Holtz family has donated to the construction of the new publicly funded tennis center in Flamingo Park.

Therefore, the Flamingo Park Neighborhood Association hereby request that the Neighborhoods Committee consider our proposal for naming/renaming the new publicly funded tennis center in Flamingo Park as “The Flamingo Park Tennis Center” at its next available committee meeting, per City Code Section 802-503 (a)2.

We also request, to avoid any public embarrassment over this naming process to the Holtz Family or any other individuals, that Staff please refrain from installing any new “name” signage on the tennis center until the City Commission has approved of and ratified a name for the new facility, per the procedures outlined in our City Code.

DRAFT 3/28/13

FDOT will convene Alton Road Project Meetings

South Beach Meeting, Thurs, Mar 21, 6pm, PAL Building in Flamingo Park at Jefferson Ave

Middle Beach Meeting, Tues, Mar 19, 6pm, at the Miami Beach Golf Club, 2301 Alton Road

The Florida Department of Transportation will host these two identical Public Information Meetings about the Alton Road Construction Project, from 5th Street, through Dade Boulevard, and up to Michigan Avenue; Project Schedule: April 1, 2013 to Summer of 2015; at an estimated Project Cost of $32 Million. These meetings are intended to describe both the work to be undertaken and the necessary Lane Closure and Detour Information.

We expect this meeting to be highly structured by the Florida Department of Transportation, without providing opportunity for significant input into the project. It does not appear that this is a forum for discussion about the project.

Flamingo Park Neighborhood Association has expressed significant opposed to the FDOT plan for the reconstruction of Alton Road and sought support and assistance from our public officials to require the Florida Department of Transportation to more adequately address concerns of surrounding neighborhoods with the project. Of course, Alton Road reconstruction is a once in 50 year event to properly address the multiple needs of all user groups – multi modal mobility options for pedestrians, bikers, autos, and transit users, contribute to a functional environment for business and with trees, landscaping and street furniture foster an attractive and safe neighborhood for our residents and visitors.

We can do better!

Attached is a copy of the FDOT Fact Sheet describing the Project.

We also attached a copy of our Statement in Opposition to the plan for your information. We urge your attendance at one of these meetings to become fully informed about FDOT’s adopted plans. We regret we were not able to achieve fuller discussions with FDOT and a better plan for Alton Road.

The next meeting of the Flamingo Park Neighborhood Association will be Monday, April 1, 2013, 5:30pm, at The Seymour, 945 Pennsylvania Avenue, Miami Beach.
All residents, property owners and other stakeholders are invited to attend and participate. Flamingo – our historic, urban residential Neighborhood in South Beach – from Fifth Street to Lincoln Road, from Washington Avenue to Alton Road.

The Mayor and City Commission confirmed the move of the Property Management Facilities and Parking out of Flamingo Park

At its meeting on Wednesday, the City Commission overwhelmingly confirmed the balanced plan adopted five years ago that has already limited towing operations in the Sunset Harbour Neighborhood, that has already funded the acquisition of property and construction of a garage with retail space in the Sunset Harbour Neighborhood, with a continued commitment to redevelop City property in the Neighborhood and permit the removal of Property Maintenance Facilities from Flamingo Park.

Denis Russ expressed the following remarks on behalf of The Flamingo Park Neighborhood Association: 

Kudos, Bravo, and many thanks to the Mayor and City Commission for their action in confirming the full program, adopted in 2008 -- to decrease towing operations by purchase of Tremont property, to invest in parking garage and retail serving Sunset Harbour residents and businesses, to redevelop City property in the vicinity, and to remove the Property Management facilities from Flamingo Park for the benefit of park land, trees, landscaping, and all God's children.  Thank you so much! 

Our item was called sometime after 11pm.  A hearty band of Flamingos and WAvNA and Biscayne supporters stayed the course -- including Jack Johnson, Tammy Tibbles, Paul Janas, Gayle Durham, Christine Florez and more.  Because of the late hour there was limited public testimony, but Tammy very well articulate the case and Jack was at the podium when the Commission overwhelmingly supported the motion by Deede Weithorn to confirm......and seal the original deal.

Based upon the superb job that Aaron Sugarman did in ferreting out information from the public record, we were able to submit the following messages prior to the Commission meeting:

March 9, 2013  -- Dear Mayor Bower and Commissioners:

At its meeting on March 4, 2013 the Flamingo Park Neighborhood Association voted unanimously to oppose any change in plans adopted by the City Commission some five years ago that would delay removal of the Property Management Facility from Flamingo Park. We understand that this matter will be considered by the Commission at its meeting this Wednesday, as Item R7K, Commission Memorandum Attached .

The matter was heard and we thought recommended for discussion by the Commission Neighborhood’s Committee, Committee Memorandum Attached. Removal of these facilities from the Park has been a very high priority of our Association for many years. It makes no sense for these facilities to be located in our city’s central park.

Substantial discussions and analysis were undertaken in 2007 and 2008, involving both how to remove Property Management from Flamingo Park and also how to improve traffic, parking, congestion and the impact of towing operations in the Sunset Harbor Neighborhood. A carefully balanced solution was adopted with near unanimous agreement by both neighborhoods and by the City Commission in July 2008, as reflected in the Report from the Special City-wide Projects and Finance Committee, attached of June 18, 2007. Proposed resolution involved purchase of Tremont Towing property, construction of a building for parking and retail and construction of an additional building for operation of the Property Maintenance Department, which would meet the needs of department operations, employee and department vehicle parking, reduced adverse towing operation impact, and importantly for Flaming removal of the Property Maintenance facilities from Flamingo Park.

Now, after almost five years of program implementation, after the City allocated and spent considerable funds in developing all required plans and having accomplished probably seventy-five percent of the adopted program, with the Tremont property purchased and towing operations reduced, with the parking and retail building number one having already been built, and with us on the threshold of the removal of Property Management Facilities from Flamingo Park……now, it is suggested that these facilities be relocated elsewhere, perhaps behind the Dade Boulevard Fire Station, perhaps in the Forty-First Street Neighborhood.

Clearly, this proposed re-re-location will entail substantial delay in the removal of Property Management facilities from Flamingo Park. Accordingly, we oppose this proposed change and urge the Mayor and Commissioners to oppose it as well.

March 12, 2013 -- Dear Mayor Bower and Commissioners:

This will reiterate our request that no change be made in plans adopted by the City Commission some five years ago that would delay removal of the Property Management Facility from Flamingo Park.

As noted in the 2008 Commission memo, three important benefits were cited in the Administration’s recommendation as adopted by the Commission:

To facilitate relocation of the property Management Facility and
redeveloping of a city-owned property; To encourage neighborhood
revitalization by increasing public parking and providing an opportunity to better serve neighborhood retail demand; and To remove and relocate a non-conforming use from the Tremont Towing site.

In supporting the project at the time, the Flamingo Park Neighborhood Association noted

It is our understanding that, with the City’s approval and partnership, this project would perfectly serve the needs of Flamingo Park and Sunset Harbor neighborhoods, and would increase the usefulness of property already owned by the City, located across the street from the proposed site. The planned structure would bring much-needed parking to Sunset Harbor businesses, and would house the City’s fleet of Property Management and employee vehicles.

The Townhomes at Sunset Harbour Condominium Association also noted at the time:

Our Board feels that this project will be a catalyst to the future redevelopment of the Sunset Harbour Neighborhood and will provide much-needed additional parking for the existing businesses and restaurants in this area. The parking structure will enable potential development of future projects in that it may provide the necessary parking to meet their requirements, thus avoiding massive parking pedestals for these projects. Another great advantage to this project is the ability of the City to relocate Property Management out of Flamingo Park which will provide much needed additional grant space for all residents and visitors to enjoy.

We urge that there be no delay in the removal of Property Management facilities from Flamingo Park.

The Final Result: 

We won this one.  No change in plans.  The Commission voted to confirm the program, without change.  The Property Management facilities will be moved from Flamingo Park to the new Sunset Harbour garage and the City property across the Street from there.

Relocation of Property Management Facilities in Peril

March 9, 2013


Mayor Matti Bower and Members of the
City of Miami Beach Commission
1700 Convention Center Drive
Miami Beach, Florida 33139

Item R7K – Relocation of Property Management Facility

Dear Mayor Bower and Commissioners:

At its meeting on March 4, 2013 the Flamingo Park Neighborhood Association voted unanimously to oppose any change in plans adopted by the City Commission some five years ago that would delay removal of the Property Management Facility from Flamingo Park. We understand that this matter will be considered by the Commission at its meeting this Wednesday, as Item R7K, Commission Memorandum Attached .

The matter was heard and we thought recommended for discussion by the Commission Neighborhood’s Committee, Committee Memorandum Attached. Removal of these facilities from the Park has been a very high priority of our Association for many years. It makes no sense for these facilities to be located in our city’s central park.

Substantial discussions and analysis were undertaken in 2007 and 2008, involving both how to remove Property Management from Flamingo Park and also how to improve traffic, parking, congestion and the impact of towing operations in the Sunset Harbor Neighborhood. A carefully balanced solution was adopted with near unanimous agreement by both neighborhoods and by the City Commission in July 2008, as reflected in the Report from the Special City-wide Projects and Finance Committee, attached, of June 18, 2007. Proposed resolution involved purchase of Tremont Towing property, construction of a building for parking and retail and construction of an additional building for operation of the Property Maintenance Department, which would meet the needs of department operations, employee and department vehicle parking, reduced adverse towing operation impact, and importantly for Flaming removal of the Property Maintenance facilities from Flamingo Park.

Now, after almost five years of program implementation, after the City allocated and spent considerable funds in developing all required plans and having accomplished probably seventy-five percent of the adopted program, with the Tremont property purchased and towing operations reduced, with the parking and retail building number one having already been built, and with us on the threshold of the removal of Property Management Facilities from Flamingo Park……now, it is suggested that these facilities be relocated elsewhere, perhaps behind the Dade Boulevard Fire Station, perhaps in the Forty-First Street Neighborhood.

Clearly, this proposed re-re-location will entail substantial delay in the removal of Property Management facilities from Flamingo Park. Accordingly, we oppose this proposed change and urge the Mayor and Commissioners to oppose it as well.

Sincerely,

s/ Denis A. Russ

Denis A. Russ
For the Flamingo Park Neighborhood Association

Denis Russ -- 305-672-4782 -- Denis@MiamiBeachCDC.org
Miami Beach Community Development Corporation
Since 1981 -- Building & Sustaining Community -- Unique, Vibrant, Diverse

Flamingo Neighborhood Meeting -- Monday, March 4, 2013, 5:30pm

--  MEETING NOTICE  --
Flamingo Park Neighborhood Association

Monday, March 4, 2013, 5:30 pm

at The Seymour, 945 Pennsylvania Avenue

Historic, Urban Residential Neighborhood in South Beach
All residents, property-owners, and other stakeholders are invited to attend and participate

AGENDA

1. Short Term Rental – Status Report -- active, fair, and effective enforcement of the City's ordinance passed in June 2010 prohibiting rentals of less than six months in the Flamingo neighborhood.
2. Flamingo Park – Removal of Property Management Facilities -- Possible delay in removal of Property Management from Flamingo Park.  Sunset Islands and  Sunset Harbor Neighborhoods are pushing back on relocation of facilities into their neighborhood. Proposed relocations: Dade Blvd Fire Station Property; 41st Street Garage. To be considered at City Commission Meeting – March13, 2013.
3. Garage Parking for residents at low / reduced costs -- At the Neighborhood / City Affairs Committee meeting on Feb 19th, they indicated an interest in making no cost / reduced cost garage parking available to City residents – which would be useful in the Flamingo Neighborhood, perhaps West Avenue and other Neighborhoods as well.
4. Other Matters:

Report from Miami Beach United – Mark Needle
CIP Projects – Sixth Street; Sixteenth Street
Florida DOT: Alton Road Reconstruction Project

  

Earth Day / Arbor Day in the City of Miami Beach -- Saturday, April 27, 2013

Fly Your Flags at Earth & Arbor Day Miami Beach


Saturday, April 27, 2013
Lummus Park, 10 - 9 Street Beach, Noon - 4PM

The City of Miami Beach invites individuals and organizations to participate in the Native Flag Eco-Art Project in celebration of Earth Day.

This project, designed by Xavier Cortado (FIU Artist-in-Residence), gives participants an opportunity to create a flag that depicts an eco-action they pledge to engage in to support the environment. The participant will then plant their flag in a parade line on the shoreline and proclaim, "I hereby reclaim myself for nature."

If you are interested in participating and/or sponsoring, contact the Parks & Recreation Department at 305.673.7730. Event Facebook page.