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
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