Loading...
HomeMy WebLinkAboutCC 2019-05-08 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com * I N C 0 R P CBATE0 � 1B 9fi \0 It 1 Meeting Minutes Wednesday, May 8, 2019 9:00 AM Special Meeting City Hall City Commission Francis Suarez, Mayor Ken Russell, Chair Wifredo (Willy) Gort, Vice Chair Joe Carollo, Commissioner, District Three Manolo Reyes, Commissioner, District Four Keon Hardemon, Commissioner, District Five Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Minutes May 8, 2019 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Present. Chair Russell, Vice Chair Gort, Commissioner Carollo, Commissioner Reyes and Commissioner Hardemon. On the 8th day of May, 2019, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The Commission Meeting was called to order by Chair Russell at 9:27 a.m., recessed at 9:34 a.m., reconvened at 10:36 a.m., recessed at 12:11 p.m., reconvened at 2:36 p.m., recessed at 4:12 p.m., reconvened at 4:22 p.m., and adjourned at 7.27p.m. Note for the Record. Commissioner Carollo entered the Commission chambers at 9:28 a.m., Commissioner Reyes entered the Commission chambers at 9:28 am., and Commissioner Hardemon entered the Commission chambers at 10:47 am. ALSO PRESENT. Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd R Hannon, City Clerk Chair Russell: Good morning, everyone, and welcome to the May 8, 2019 special meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Joe Carollo, Manolo Reyes, Keon Hardemon; Wifredo "Willy" Gort, the Vice Chair; and me, Ken Russell, the Chairman. Also on the dais are Emilio Gonzalez, the City Manager; Victoria Mendez, the City Attorney; and Todd Hannon, the City Clerk. This special meeting will be opened with a prayer by Commissioner Gort, and then we'll say the pledge of allegiance. Please rise. Vice Chair Gort. Good morning. (Invocation and pledge of allegiance delivered) ORDER OF THE DAY Victoria Mendez (City Attorney): Chairman, I will read the procedures to cut down on the time right when you come back, okay? Any person who is a lobbyist, including all paid persons or firms retained by a principal to advocate for a particular decision by the City Commission, must register with the City Clerk and comply with the related City requirements for lobbyists before appearing before the City Commission. A person may not lobby a City official, board member, or staff member until registering. A copy of the Code section about lobbyists is available in the City Clerk's Office, or online at wwmunicode.com [sic]. Any person making a presentation, formal request or petition to the City Commission concerning real property must make the disclosures required by the City Code in writing. A copy of this Code section is available in the City Clerk's Office, or online at wwwmunicode.com [sic]. The material for each item on the agenda is available during business hours at the City Clerk's Office, and online 24 hours a day at wwwmiamigov.com [sic]. Any person may be heard by the City Commission through the Chair for not more than two minutes on any proposition before the City Commission, unless modified by the Chair. If the proposition is being continued or rescheduled, the opportunity to be heard may be at such later date before the City Commission takes action on such proposition. The Chairman will advise the public when the public may have the opportunity to address the City Commission during the public comment period. When addressing the City Commission, the member of the public must first state his or her name, his or her address, and what item will be spoken about. A copy of the agenda item titles will be available at the City Clerk's Office or at the podium for your ease of reference. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. A video of this meeting may be requested at the Office of Communications, or viewed online at wwwmiamigov.com [sic]. No cell phones or other noise - City of Miami Page I Printed on 1112512019 City Commission Meeting Minutes May 8, 2019 making devices are permitted in chambers; please silence those devices now. No clapping, applauding, heckling, or verbal outburst in support or opposition to a speaker or his or her remarks shall be permitted. Any person making offensive remarks or who becomes unruly in Commission chambers will be barred from further attending Commission meetings and may be subject to arrest. No signs or placards shall be allowed in Commission chambers. Any person with a disability requiring assistance, auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of the deliberation of the agenda item being considered at noon. The special meeting will conclude at the deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda, whichever occurs first. Please note, Commissioners have generally been briefed by City staff and the City Attorney on items on the agenda today. Mr. Clerk, would you like to swear in everyone to also cut down the time? Todd B. Hannon (City Clerk): Thank you, Madam City Attorney. Good morning, ladies and gentlemen. If you'll be speaking on today's item, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony. Commissioner Hardemon: Thank you. Thank you, Madam City Attorney. For the record, the meeting is in recess. Later... Chair Russell: Good afternoon. Welcome back from recess, from lunch. We are picking up where we left off for the completion of public comment. Who here is left to speak for public comment? Who here would like to speak? If you could approach either of the two lecterns, and I'll ask the Clerk, in case there's anyone here who has not yet been sworn in -- Is there anyone here who has not yet been sworn in who would like to speak? Anyone who would like to speak who will be speaking at the lecterns? I'll let the Clerk take that up. Mr. Hannon: Good afternoon, ladies and gentlemen. If you have not had the oath administered, may I please have you stand and raise your right hand? Again, if you'll be speaking on today's item and you have not had the oath administered, may I please have you stand and raise your right hand? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony. Mr. Hannon: Thank you, Chair. Chair Russell: Commissioner Carollo. Commissioner Carollo: Thank you, Chairman. Since I have not spoken until now, I'd just like to put in the record for Jennings that I did meet with Mayor Gimenez. I met with -- Unidentified Speaker: Hello? We can't hear you. Commissioner Carollo: Let me try again. Since I have not spoken yet, I want to put into the record for Jennings that I did meet with Mayor Gimenez and I met with his assistant on this matter, also. I don't know if I met with anyone from the other side that I could think of now, but those are the only people that I remember having spoken to. Chair Russell: Thank you, Commissioner. Commissioner Carollo: Thank you. City of Miami Page 2 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 SPECIAL MEETING ITEM(S) SPA RESOLUTION 5653 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING THE APPEAL FILED BY MICHAEL SPRING, Department of SENIOR ADVISOR, OFFICE OF THE MAYOR, DIRECTOR, Planning DEPARTMENT OF CULTURAL AFFAIRS, MIAMI-DADE COUNTY ("APPELLANT") AND REVERSING/AFFIRMING/MODIFYING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL, PURSUANT TO SEC. 23-6.2(b)(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS FOR THE RESTORATION OF AN EXISTING STRUCTURE AND NEW CONSTRUCTION OF A THREE HUNDRED (300) SEAT THEATER, A PARKING STRUCTURE, AND EXTERIOR SPACES WITH LANDSCAPING TO A PROPERTY LOCATED AT APPROXIMATELY 3500 MAIN HIGHWAY, MIAMI, FLORIDA, A LOCALLY DESIGNATED HISTORIC SITE AND KNOWN AS COCONUT GROVE PLAYHOUSE WITH THE FOLIO NUMBER 0141210450140. ENACTMENT NUMBER: R-19-0169 MOTION TO: Adopt with Modification(s) RESULT: ADOPTED WITH MODIFICATION(S) MOVER: Joe Carollo, Commissioner SECONDER: Manolo Reyes, Commissioner AYES: Gort, Carollo, Reyes NAYS: Russell, Hardemon Note for the Record: A motion was made by Chair Russell, seconded by Commissioner Hardemon, to grant in part and deny in part the appeal filed by Michael Spring, which FAILED by the following vote: AYES: Chair Russell and Commissioner Hardemon; NOES: Vice Chair Gort, Commissioners Carollo and Reyes. Chair Russell: Good morning again. We are back in session. Thank you very much for your patience. We do have a quorum, so we will begin directly with SP.1. This is the appeal of the HEP (Historic & Environmental Preservation) Board decision regarding 3500 Main Highway, the Coconut Grove Playhouse. So did the City Attorney read the statement already? Good So we're set to go. Basically, here's how we're going to do today: We're going to open for public comment first on the item; anyone who'd like to speak. If there's any elected officials here who'd like to speak who need to get on with their business, as well, I welcome them and I'll recognize them. Everyone will have two minutes to speak. If you'd like to loan your time to someone else that has a little more to say, I'm okay with that. I really would like its to control any emotional response from the audience to anything that anybody says at the lectern just for fairness and that goes for applause, and that goes for negative, as well; that way, we can be as efficient as possible, and the Commissioners can do their work in hearing this appeal. Do we have people outside trying to get in? We're above capacity of Commission. About how many, would you say? Another 50 to 20. And they -- there are people that would like to speak, I assume. All right. So as you speak, you either need to take an open seat in the Commission chambers, or please step out into -- let someone else come in, and that way, we can keep working through everybody, and nobody will be stuck in the hot sun. I believe we have speakers set up outside so you can keep track of what's City of Miami Page 3 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 happening, but we really want everyone to get their moment and their chance. After public comment is closed, that'll be the last time that the general members of the public are able to speak on this issue. From that point, the City basically will set the table for what we're dealing with today. The appellant will make their case, and then the Commissioners will ask questions of staff and the appellant, and anyone they'd like to hear from. And at that point, we will make our decision. So are we all clear? We do still have a quorum. We're ready to get started. Commissioner Gort. Vice Chair Gort: A Jennings disclosure. I've met with the parties from both sides, in favor and against it, and I think I met with over 20 different individuals. Chair Russell: Sure. And the same disclosure for my part. I've met with everyone from all sides of this issue. But, of course, we're dealing with the facts that are presented before us today, and that leaves us in an unbiased situation. Commissioner Reyes: I would like also to disclose that I have been approached by members of the community on both sides and I received information, written information supporting their position, and so many that I cannot enumerate, I mean, name all of them. But that I have spoken with members of the community that were in favor and against this issue. Chair Russell: Thank you. So before we begin the comment from the general public, are there any elected officials who would like to be recognized or speak? Mr. Mayor, would you like to address the dais or the public before we get into public comment? Okay. All right. If that's the case, we'll go ahead and start with public comment. Do you need to swear everyone in, Todd? Todd B. Hannon (City Clerk): It was already handled earlier this morning. Chair Russell: And the folks outside? Mr. Hannon: Well, whoever was in the chambers; so we'll just have to take them as they come in. Chair Russell: So if the Sergeant -at -Arms could let anyone know who is on their way in, they need to be sworn in before they speak publicly. Obviously, the Clerk won't know who has been or has not been sworn in. All right. So in the spirit of efficiency, anyone who'd like to speak on this issue for or against the appeal, please approach either of the two lecterns. Please be ready and stacked right behind the next person so that after they complete their two minutes, the next person go on up. If you would please state your name; you don't have to state your address, but you can if you'd like. It's helpful to us if you state clearly whether you are in favor of or against the appeal, but that's up to you, and you have your two minutes to address this body. Please don't speak to each other or to the audience, but just address the Commission, and speak through the Chair. And so, we'll start over here, Mr. Amandi. Fernand Amandi: Fernand Amandi, 3250 Mary Street, in Miami, 33133. Thank you to the Mayor, to the City, and to the Commission for allowing me the opportunity to address all of you. I know you all are here to make a decision today and I know many of you think of it as a difficult decision, but I thought it was important to share with you what the most important stakeholders in the City, as it pertains to the playhouse question, believe on this issue. Our firm, Bendixen and Amandi, was asked to conduct a poll of the residents and voters in Commission District 2, which is where the playhouse debate is centralized and focused. We put the question as to whether or not they thought the County plan, as it's on the table now, was something that they would support or not. And I'm here to share with you that from the vantage point of the residents and voters of District 2, which includes City of Miami Page 4 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 all of Coconut Grove, there really is not a difficult decision, but an easy decision. 78 percent; 78 percent, which is more than three quarters of the voters, overwhelmingly support the County plan, as presented. In the interest of transparency, I'm going to read you the very question we read them so that people can't say later, "Well, you didn't get the information," so I'll do this very quickly. "The Coconut Grove Playhouse, which has been closed for the past 12 years, has been the subject of various proposals to renovate and reopen the facility. Miami - Dade County currently has a proposed plan, which has been funded, calling for a 20 million, 300 -seat, state-of-the-art theater, to be operated by local theater company, GableStage, in partnership with MU's (Florida International University's) drama program. The current playhouse's historic front building will be preserved and restored to its original 1927 look. The rest of the site will be torn down and rebuilt to accommodate modern productions, while also preserving historical design elements of the original theater's architectural integrity. The newly restored playhouse will house administrative offices, dressing rooms, set design and rehearsal space, and features a landscaped open-air promenade alongside the building, connecting Main Highway to Coconut -- to West Grove. " Chair Russell: Thank you, Mr. Amandi. Mr. Amandi: "Do you support or oppose Miami -Dade County's plan to redevelop the Coconut Grove Playhouse?" When we asked that question a month ago, the answer was, 78 percent said, 'yes. " A year ago when we asked that same question, it was 77 percent. In the -- Chair Russell: Mr. Amandi -- Mr. Amandi: -- Grove alone, it was 74 percent. So as you can see, there really is no debate when it comes to the residents and the voters. Thank you for your time. Chair Russell: Thank you. Mayor Francisco Suarez: Mr. Chair? Chair Russell: Please, when you hear the sound, that means you have 30 seconds, and that is your time to wrap up. Mayor Suarez: Mr. Chair? Chair Russell: And I would like to ask if anyone is here on behalf and speaking and working with the appellant, you're going to have much, much more time to make your case if you wait until the actual appellant makes their case, and you won't be pressured to be under the two minutes. But everyone here -- Unidentified Speaker: (UNINTELLIGIBLE.) Chair Russell: I'm sorry; you couldn't hear something? Unidentified Speaker: (UNINTELLIGIBLE.) Chair Russell: Oh, there's --yes, there's a beep at the 30 -second point. You can't control the volume, but, yes. But I'll let you know, as well. I'll let you know, as well. Commissioner -- sorry, I apologize. Mr. Mayor, you're recognized, of course. Mayor Suarez: I have to -- we have to increase your salary at the next Commission meeting, Commissioner. Thank you for that. No, I just want the audience to know that I have to leave at about 11:15. I will becoming back. But I know the audience is always very sensitive to elected officials listening to their perspective, and I don't want them to get the impression that I'm not listening or that I'm not fully informed City of Miami Page 5 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 of what's going on. I have to leave at 11:15. I just want the audience to know so that I don't later get emails and text messages, "Why did you leave?" So that's all. Thank you. Chair Russell. Thank you, Mr. Mayor. I'm going to alternate lecterns. Please stand right behind the person who is speaking so you can move right up and go ahead, and begin speaking. Good morning, Mr. Sanchez -Resnick. Hank Sanchez -Resnick: Good morning. Hank Sanchez -Resnick. I live at 3259 Gifford Lane, Coconut Grove. I am in support of the County plan, and I'm also a member of the Coconut Grove Village Council. We did a very thorough study of the various plans, and we support as a council the County plan. One thing we did was we crunched the numbers. We said, "What kind of theater is going to be viable in that location?" And we came up with the conclusion that a 300 -seat theater will be absolutely okay, and has a good chance of making it, whereas a much larger theater probably is going to have problems. So I just want to urge you to approve the County plan today. Thank you very much. Chair Russell: That was less than a minute. Thank you very much, Hank. Nathan Kurland: I'll take Hank's extra minute. Chair Russell. Mr. Kurland. Mr. Kurland: Nathan Kurland, 3132 Day Avenue. Commissioner, ladies and gentlemen, neighbors and friends, during a time in which citizen apathy and un- involvement is rampant, we can look at ourselves and be proud that we are this energized. Starting this meeting at 10:35 reminds me of a line by Dave Barry, who said, "In the City of Miami, you can invite someone for a July 4th barbecue. As long as they arrive by New Year's Eve, they're on time. " On May 12, 2006, during its 50th anniversary season, the Playhouse, LLC (Limited Liability Company) closed the theater, with a debt of more than $4 million; May 12, 2006. For those of you who care and who counted, this is 4,741 days without a playhouse. Let me repeat that number: 4,741 days. We have no excuse, because to add injury to insult, there have been two GOB (General Obligation Bond) bonds in existence since 2004, whose sole purpose was to rebuild our theater. 2006, I had the honor to serve as Chair of the Give it Back Committee, which is why I have this yellow button on. Our purpose was to convince the LLC to work with the County to negotiate the debt, clear the title; rescue the memorabilia, which had been left to rot; and give the clear -- and give the title back to Miami -Dade County, before the State exercised its reverter clause. We were successful in all of those demands. We are now working toward a common goal. We wish to have our theater returned. But more importantly, we wish to have a self-sustaining theater returned. And in that regard, I am absolutely in favor of the County's plan to build our theater. Thank you. Chair Russell: Thank you, Mr. Kurland. Good morning. Julian Kreeger: If it please the council, my name is Julian Kreeger. I'm a resident of Coconut Grove. My ojFce is in Coconut Grove. I am the President of the friends of Chamber Music, which is a concert series, which brings to Miami internationally -known performers for chamber music and piano music, and I've been President for the past 34 years. I think Coconut Grove desperately needs a good concert hall. I think 300 seats in the County plan would be ideal, and I want to urge you to approve it without further delay. Chair Russell: Thank you very much. Good morning. Linda Cardinal Schneider: Good morning. My name is Linda Cardinal Schneider. City of Miami Page 6 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 I'm an author and a playwright, and I reside at 325 Ives Dairy Road, in Miami. I've addressed this board several times on behalf of the City's plan to renovate the Coconut Grove Playhouse, and on behalf of Mr. Joe Adler, who plans to offer educational programs for children, "K" through 12; and for adults, a master's degree, in conjunction with FIU. I had to travel to England to attain my education in theater, but I predict that people will travel to Coconut Grove for the same opportunity. We owe it to our community to offer the opportunity to experience, learn, experiment, and produce profound theater in a professional environment that will increase their world views and decrease their prejudice of those working on stage, behind the scene, and in the audience. So I would urge my friends on the board to make our community a cultural center of love and acceptance. And that's all I can say; is to remind you of the reasons that I've given in the past. Thank you so much for this opportunity. Chair Russell: Thank you very much. Did you hear the "beep"? Rebecca Curtis: Please. Commission, Dr. Rebecca Curtis, 3613 Bayview Road. I'm a resident of Coconut Grove, and I also have an office here. I bought my house five years ago, down the street from the playhouse, expecting the playhouse to open again. My office in New York City, where I was practicing through December of the past year, was 10 minutes from Broadway. And I had patients in every aspect of the theater. I'd like to make three points: One regards the financial situation of theaters in the United States today, which it seems like many people here are ignorant of, unless they're in the theater. I'd also like to make a point about historic preservation, because I do not see the interior of this playhouse as comparable to the Taj Mahal or (UNINTELLIGIBLE), or a place people will pay to have tickets in the daytime, like the Gary Auditorium in LA (Los Angeles). And I also would like to address whatever possible motivations there may be that are nefarious of people who may come here who may have hopes, but it's demolished; and that maybe a real estate developer will put something else there, or other theaters that are in competition. And in regard to the financial business of a theater, investing in theater is one of the most risky investments anybody can make. It's one -- people in the top, .11 percent make when they love a particular production, and most fail. They are not these Broadway musicals that you may have heard of. Speaking of Broadway, for example, the Helen Hayes Theater has a maximum capacity of 597 seats. I won't say, because I respect people who disagree, but I think there is something of a playhouse delusional procedure going on among some people who are picturing the glories of the past before Netflix and all of the competition. Chair Russell: Thank you very much. Ms. Curtis: Okay. Chair Russell: Thank you. David Kuriat: Hi. I'm David Kuriat. I'm an actor and educator at 1107 Southwest 114th Lane Circle, in Miami, Florida. I'm speaking on behalf of Sylvan Seidman (phonetic), who's been at many of these meetings, but he's out of the country right now, and he asked me to say this, with apologies to Bob Dylan: How many votes does it take before the reasonable decision stays, and how many years does it take until people can see more good plays? The answer, my friends, is not blowing in the wind. It is, for one last time, in your hands. Please approve the County plan that has been examined and approved by so many levels over so many years, and now needs only your approval. This plan is rejected in the hopes that some amorphous plan for a much larger theater can rise out of the Coconut Grove rubble. There will be many more years of inaction; and not only the answer, but probably the structure itself will be blowing in the wind. Thank you. City of Miami Page 7 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Thank you very much. Good morning, Steve. Steve Dloogoff Good morning. Steve Dloogoff, 3418 Franklin Avenue, a member of -- a resident of Coconut Grove for 30 years, and a member of the Coconut Grove Village Council. I urge you to consider and accept the County plan that Michael Spring and Joe Adler have developed for the Coconut Grove Playhouse. Anything larger is not economically feasible, and I think that the education part that they have presented will certainly be an enhancement to Coconut Grove. The Coconut Grove Village Council has researched and absolutely supported the County plan. Thank you very much. Chair Russell: Good morning, Monty. Monty Trainer: Monty Trainer, 3390 Mary Street, Coconut Grove. I'm here to speak on behalf of the County's application to the playhouse project as a way of credibility as far as I'm concerned. I'm President of the Coconut Grove Arts Festival. I'm President of the Coconut Grove Chamber. I sit on the board of the Business Improvement District for Dade County -- for City of Coconut Grove. I'm Chairman of Dade County Days, and we go to Tallahassee every year. Chair Russell: They can't hear you, Monty. If you could -- thank you. Mr. Trainer: Thank you. I get to start over again? Chair Russell: No, you're -- we hear you. Mr. Trainer: I'm Chairman of Dade County Days, and we go to Tallahassee every year and lobby on behalf of Dade County for culture, art, and any other things that affect Dade County culturally speaking. I'm also Chairman of the -- and founder of the event that we have at New Year's Eve that attracts 100,000 people downtown for 30 years. I started Monty's Restaurant -- a few of you may have been there -- in 1969, which was over 50 years ago. And then, I built the Village Inn, Monty's Village Inn, in 1973. Now, all these things that I was doing in the Grove, the playhouse was really a big part of it, and I used to have cast parties after every show. And then, I was part of the group that -- with the Players Reparatory Theater that went to the Coconut Grove Playhouse, and we started with the Reparatory Theater. Anyway, I don't think that people are really aware of just how great the Cultural Affairs Council is in Miami -Dade County. With the South Dade Cultural Affairs, what we've done there, 38 -million -dollar budget on schedule. We did the African Heritage Art. I thought you gave me another two minutes. Chair Russell: No, you're almost there. Mr. Trainer: But if you could see what we do at the Cultural Affairs -- I've been on the Cultural Affairs Council now for 14 years. I was the Mayor's appointment at one point, so I really appreciate that. We do so much. What we do for Dade County as far as maintaining the artist and the integrity of what we're trying to accomplish in art and cul -- we are a Cultural Council, and we do perform. And we've got an opportunity here with Miami Parking Authority with Art Noriega. That's a national model. The Cultural Affairs Council is a national model, and why we don't take advantage of it -- Chair Russell: Thank you. Mr. Trainer: -- and we got Joe and -- Joe Adler, who's artistically awarded every year. Chair Russell: Thank you. City of Miami Page 8 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Trainer: Thank you. Chair Russell: Thank you. Good morning, Carol. Carol Lopez -Bethel: I'm Carol Lopez -Bethel. I reside at 3907 Loquat Avenue. I feel like a voice in the wind, being the first to say that I oppose the appeal. The people of the City of Miami voted for restoration -- not demolition -- 14 years ago. And this is what should happen, and why you should consider either Richard Heisenbottle's plan or something to restore the entire building; not destroy it. That is the will of the constituents. I will say I was not one of the people who received that survey that went around. I believe that the Miami Herald also published some questions about the authenticity and the conduct of that survey that returned 78 percent results in favor of the County plan. I never received it; I don't know anyone who lives in Coconut Grove who did. But nonetheless, I've used my time. I've said what I had to say. Please preserve what little there is remaining of Coconut Grove in Coconut Grove. Each day, we see more and more of Coconut Grove removed. We now have -- we have one access in coming in on Main Highway. We have now another hotel coming up on the other side of Green Street's. The entrance to Coconut Grove will become a canyon; a canyon. Coconut Grove is being destroyed, bit by bit. Save something of it. Thank you. Chair Russell: Thank you, Carol. Ms. Lopez -Bethel: I appreciate it. Chair Russell: Good morning. Gail Garrison: Hi. Good morning. My name is Gail Garrison. I'm a theater director, and I have been in the community since 1992. I worked at the Grove when I first came here. For those of you who haven't been inside -- the inner inside of Coconut Grove -- it was falling apart then inside. It was moldy then. It was not a place necessarily to be saved, but it could have been redone then. It was ignored then. As a person who's worked in this community, from Jupiter to here in Miami, and worked at GableStage, also; and at FIU, because we do get around in theater, I can tell you what a really exceptional idea it is for the community to create this space, to save the part that is historical, just the outside, to bring back the best parts again -- the proscenium -- to keep some of what was there, and bring it back. But we're in another world now. Let's respect the world and this community, and bring education and arts back where it belongs. I am for this County proposal. It has been vetted many, many times. And I am here today, once again, to support it. Thank you. Chair Russell: Thank you for your comments. Abraham Hoffman: My legal name is Abraham Hoffman. My stage name is Avi Hoffman. I wrote this several meetings ago, and I've driven from Northwest Broward, two hours each way, every single one of those meetings. I'm here to speak in support of Joseph Adler and Grove Stage [sic]. Although I'm known by some here as a local actor who has worked with Joe on multiple highly -acclaimed productions since 2003, I have also achieved substantial recognition for my work around the globe. In the past three years alone, I was nominated for a New York Drama Desk Award as best actor in the play, Death of a Salesman. I received a Congressional Recognition Award from the Honorable Congresswoman Debbie Wasserman Schultz. I was inducted into the Bronx Jewish Hall of Fame, and I was personally invited to the Vatican to meet His Holiness, Pope Francis; all for my lifetime work in promoting Holocaust awareness, Jewish culture, and theater. I taught a theater course at UM (University of Miami), and I perform regularly all over the world, including my recent sold -outperformance at Carnegie Hall, and my upcoming trip to the Fourth International Theater Festival in Romania. I tell you City of Miami Page 9 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 all this so that you will believe me when I say that in my expert professional opinion, the work Joe Adler has done at GableStage is world-class, and that he will bring this same expertise and high quality to Grove Stage [sic], allowing this proposed theater to become a nationally -respected destination, and a highly successful regional theater. I say this from my own personal global perspective, having worked at major cultural institutions and theaters worldwide. I am friends with many Broadway producers and theater luminaries, several of whom have seen our work, and often used; that Joe's production were sometimes equal to or better than the original New York versions. In other words, we're privileged to have him in our community, and I'm proud to call him my friend. And pending your affirmative decision, I look forward to working with him and seeing all of you at the new Grove Stage. Chair Russell: Thank you very much. Mr. Hoffman: Thank you. Chair Russell: Good morning. Barbara Stein: Good morning, Commissioners. Good morning, audience. My name is Barbara Stein. I'm the Executive Producing Director of Actors Playhouse, located in the Historic Miracle Theater in Coral Gables. I speak to you today with 31 years of experience of doing my job; of building a theater company, of managing it for 31 years, and of being the force behind the renovation and the revitalization of the Historic Miracle Theater, which was a showcase movie house in 1948; converted to a four-plus house in the '80s; and we've since converted it over the last 24 years into a three -stage performing arts center. There's a very tight balance between historic preservation and moving forward for the purpose of what you're intending to do. And I know your intention is to rebuild a beautiful space, to have economic prosperity in the community, because I can tell you that building and restoring the Miracle Theater into a performing arts center was the catalyst for the revitalization of downtown Coral Gables, which now has over a hundred restaurants, lots of retail, a museum, and an arts cinema. I urge you to consider the County plan. I know -- I've seen the plans, and I know your architect on record, who has really seriously looked at the historic elements that needed to be preserved in this building. There's a real tight balance between that, because I dealt that when we rebuilt and renovated. And the ultimate goal is the outcome of this beautiful, beautiful theater being preserved and coming back. I'd also like to address the fact of 300 seats. We have a 600 seat and a 300 seat, and a 100 black box in the Miracle Theater. I could tell you we wish we were performing in the 300 seat all year long. This community cannot support another larger performing arts space. We have the beautiful Arsht Center, which I understand scrambles to fill seats in this community, as well. We want to preserve what we have here. There's a bit of a big investment in this community it centers around and we need to make sure that we preserve the integrity of these spaces, and the economic benefit to the community. Chair Russell: Thank you. Ms. Stein: Thank you. Chair Russell: Good morning, sir. Kenneth Kurtz: Good morning. My name is Ken Kurtz. I live at 12900 Southwest 81st Avenue, in Pinecrest. I designed scenery for the Coconut Grove Playhouse and lighting from 1969 on up to the days of Jose Ferrer. Really? Chair Russell: There you go. Thank you. City of Miami Page 10 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Kurtz: Okay. And I can tell you I loved working in the building, but I could never love the building. I don't see anything worth saving in that building, except its fagade. It did have the best balcony in town, but its backstage was rot -- was a lousy, hard -to -work -with thing. And I thoroughly applaud the new plan Arquitectonica's plan, preserving the one wonderful thing out of the old theater, which was the double proscenium, but here was the problem: The old double proscenium had walls, ceiling between the two prosceniums. We died to get lighting through there, or even enter actors through there, or do something through there. The new one, there's one proscenium behind, free standing as the other proscenium. We can move scenery, lighting, costumes, orchestra, anything in through there, and it really makes what was a pig -- a sow's eye or -- whatever the thing -- whatever the cliche is. It takes something in the old building that really wasn't wonderful; makes it wonderful, as a centerpiece of the new idea, and I applaud it, and I hope you vote for it. Chair Russell: Thank you very much. Good morning, Mr. Fein. Alan Fein: Good morning. I am Alan Fein. I am the immediate past Chair of the Arsht Center Board. I am the former Chair of the Cultural Affairs Council for the County. And perhaps one of the things I'm very proud of is that I chaired the City of Miami's committee to find an NBA (National Basketball Association) team for Miami. And I worked with the Mayor's father, and we were obviously successful. And I am now one of the shortest people in the world with an NBA Championship ring. I'm here today to speak in favor of the County plan. At the time I was helping the City get the Heat, my wife was the Public Relations Director at the Coconut Grove Playhouse, and she asked me to pass on her thoughts today, because every morning when she went there, she had to wipe the asbestos off of her typewriter, and then deal with the mold. And everyone there knew they were in a sick building. And I can't imagine what it's like after it's percolated for another 15 years. It's got to go. It's got to go. It cannot be saved, and the new plan is great in that regard. Putting aside my citizen's hat for a minute, as a lawyer, I've read the legal argument about why this appeal must pass, and I think it's overwhelming. I had the opportunity to speak with this Commission a year or so ago about another time when I thought, legally, the City had to take a certain action. And coincidentally, you had to deal with that issue today, and I think the advice I gave you at that time turned out to be prescient. Finally, I just want to speak to -- as a nonprofit theater producer. My wife produces theater in Dade County, and I can tell you that there's no way that you could fill 700 seats with -- 200 nights a year, 140,000 new seat -- butts in the seats. It cannot be done. Chair Russell: Thank you. Mr. Fein: The plan, coming from my friend, Mike, I appreciate what he's trying to do, and I appreciate all the time and money he's put in, but -- Chair Russell: Thank you. Mr. Fein: --I simply can't agree with the plan. We need to move on -- Chair Russell: Understood. Mr. Fein: -- at this time. Chair Russell: Thank you, Mr. Fein. Good morning. Larry Fields: Good morning. My name is Larry Fields. I'm the Executive and Artistic Director of Fantasy Theater Factory at the Sandrell Rivers Theater, here in Miami, 6103 Northwest 7th Avenue. I am here to speak in favor of the County's plan, as well. And I really hope that we're registering something, because, you City of Miami Page 11 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 know, before me, you've hada number of other people who are experts in this field, who are people who run theaters, who are active in the cultural community. They all come down on one side, and that's not by accident; that's not some sort of bizarre coincidence. It's because we know; we know what it takes, and what it's like to have to fill -- in my case, 200 seats -- and it's absolutely true; times have changed. We are not the snow bird, New York retiree community that we once were. 700 seats will fail. It will fail. Let's be clear about that. And how do we know? Because it already did, all right? So I really hope that we are going to look at this in a clear-eyed kind of way; not be victims to nostalgia. I want to speak just -- you know, the County's plan is the only viable plan. It's the only plan that has the money and the funding behind it. And the HEP Board, when it first approved the plan, made the right decision. Things got a little weird after that. So I sincerely hope that this board will approve this plan. It is the best of all worlds. It restores that front building back to its original glory, and it provides us with a new, beautiful state-of-the-art theater, one that will work. And I just want to say something about historic preservation. What's there? And let's imagine for a moment that this other plan were to be able to happen -- and I don't think it would, but let's imagine that it did. What are they actually going to be restoring and preserving? You're talking about a shell of a building and a building that didn't work very well to begin with, and you're talking about it being gutted. So it's not the same chairs where all the people sat; it's not the same stage, which is probably rotted through. We're talking about a Hollywood-esque recreation of something that will look like it was authentic, but it really isn't. I know I'm out of time -- Chair Russell: Thank you. Mr. Fields: -- and I thank you for your time, and I really do hope that you will listen to the voice of these people here. It's overwhelming on what we need to do. Thank you very much. Chair Russell: Thank you. Good morning, Mr. Fernandes. Marcelo Fernandes: Good morning. Marcelo Fernandes, 3523 North Bay Homes Drive. I'm the Chair of the Coconut Grove Village Council, and as my day job, a developer and real estate contractor. And as my other Commission members have said, we promote the County plan, and passed a resolution thereof. And what -- we must say that all our members took a really deep dive into this. We met with Mr. Heisenbottle. We met with Mr. Spring at their office numerous times, and really studied this. And it came down to a couple things for me. One is, the pro forma put together by Mr. Heisenbottle was really well done. They analyzed five or six different regional theaters throughout the country that were successful. And I took a deep dive. We did a spreadsheet about, you know, the income and expense, to make sure this doesn't happen again, and we're not here in a few years. And they have a really well thought-out plan, but it required about an $8 million annual budget, which some of was endorsed by funding from donations, but majority, obviously, ramped up to be ticket sales. And ticket sales required over 240 days of matinees of a thousand people coming into the Grove, in and out. I just didn't think we have the infrastructure to sustain that kind of traffic volume, number one. So that was the one reason why I believe it -- you know, if we start also looking back at other people that are doing this in Miami, they can't sustain that kind of volume. And secondly, most importantly, if this doesn't pass, what's Plan "B"? If this does not pass here today, I can tell you the State owns that property and doesn't really care what happens here in the Grove. So if we don't have a plan backing up Plan "B," we're not going to have anything done and this thing's going to go on the selling block, and we're going to see everything gone. So if you don't have this done going forward, please make a Plan "B" that you guys can fund and direct. Thank you very much. Chair Russell: Thank you, Marcelo. Good morning. City of Miami Page 12 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Carlos Malamud: Good morning to you. My name is Carlos Malamud, 1100 Biscayne Boulevard, 3903, Miami, Florida 33132. And I come here to ask you to please vote for the County's plan. I moved from San Diego. I'm new to Miami. San Diego, as many of you know, it's an incubator theater city, and I was on the board and I was on the Executive Committee, and at the same time, I chaired the Nominating Committee of the Old Globe Theater; one of the most important 16 regional theaters in the United States. It was very hard for us sometimes to fill up the seats. So again, I urge you to please vote for the County. Thank you so much for your time. Chair Russell: Thank you. Good morning. Jean Blackwell Font: Good morning. My name is Jean Blackwell Font. I live at 6830 Southwest 45 Lane, Miami, Florida 33155. I'm the Director of Programs and Events for the Arts and Business Council of Miami. We work with over 500 arts groups in Miami to support sustainable, cultural -- the sustainable, cultural ecosystem, which generates around $1.4 billion in Dade County through advancing high -impact partnerships between businesses, entrepreneurs, and the arts. As Miami's only organization that leverages -- I got a phone call (UNINTELLIGIBLE). Excuse me. As Miami's only organization that leverages the arts for economic vitality, we support the County's plan as the only viable plan, and we ask that you do vote in favor today. Thank you. Chair Russell: Thank you. Good morning, sir. Keith Rouse: Keith Rouse, self-employed freelance of film video, with the (UNINTELLIGIBLE) for 12 years; the Miami Jewish Film Festival, 17 years; and 23 years with live music at Luna Star Cafe, in North Miami. We are not New York, we are not London, but we are GableStage and we are live theater and we should support live theater and we need live theater, and why not Coconut Grove? This was a wonderful theater. We still can retain the outside. I'm in favor of the County proposal. Please think about it. Keep us alive, will you? Chair Russell: Thank you, sir. Good morning. Tony Scornavacca: Good morning. My name is Tony Scornavacca. I was born at Jackson Memorial Hospital. I grew up in Coconut Grove. My father was an artist in the first Coconut Grove Arts Festival. My mother was a nurse at Mercy Hospital. She was on staff when the hospital opened in 1950, as an operating room nurse. I have deep roots here in the community. This building, Coconut Grove Playhouse, needs to be restored as closely as possible to its original state. That is the best thing for the residents of Miami -Dade County and the City of Miami. We have Freedom Tower on Biscayne Boulevard; we have Vizcaya. That's about it. For someone to suggest a mixed-use project for the Coconut Grove Playhouse is beyond me. The building is on the National Register of Historic Places. The conversation should end there. The building -- (Applause) Chair Russell: Please. Mr. Scornavacca: -- should be restored. 700 seats -- when I was a busboy in 1975 at the Taurus, normally, I'd make $10 a night in tips. Theater nights, 30, 40 bucks. Why? Place was full. It brought vitality to the area, business, and economic benefit. And keep in mind, we all know there weren't nearly as many affluent people living in Coconut Grove at that time; it was mostly hippies and artists, like my dad. So now it will easily sustain a theater of 700 or probably a thousand seats. We need to save that historic building as closely as possible to its original state. Thank you. City of Miami Page 13 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Thank you very much. Good morning. Allison Hockman: Good morning. My name is Allison Hockman. I live at 2843 South Bayshore Drive. I've been an attorney in this area for over 30 years. I am a Coconut Grove resident for over 15 years. I am also a member of the Dade Heritage Preservation, and a board member of GableStage. I just felt it my duty to urge this Commission, which I thank very much for allowing all of these open forums, and allowing all sides to be discussed to support the project. Thank you. Chair Russell: Thank you. Good morning. Pauline Winick: Morning. Pauline Winick, Executive Vice President Emeritus of the Miami Heat. I ask for your support for the previously agreed upon County proposal. Please affirm the appeal. I have decades of experience in the theater; been operator of large public spaces as a consumer and as a reviewer of plays and theaters throughout South Florida. The 300 -seat interior is a good fit for the theater and the community. 300 seats is the right number. It is respectful of the Grove's heritage as a place for pedestrians, while maintaining a village atmosphere. The partnership of the City, the County, and with Florida International University will return great theater to Coconut Grove. Our students will be able to learn all aspects of theater arts, including carpentry, lighting, costuming and sound, and they will then have an opportunity to earn the first advanced degree in theater offered by FIU. Please affirm the appeal. Thank you. Chair Russell: Thank you very much. Good morning. Arva Moore -Parks: Hello. My name is Arva Parks. I live at 1240 Southwest 17th Terrace, and I am a historian and author; been involved in preservation for many, many years. I may be one of the only people in the room -- or the only person -- that attended the Coconut Grove Theater. To tell you how long ago it was, I saw "Lassie Comes Home" there, so that was a long time ago. I also was a member of many of the playhouses -- all of them, I guess -- so that I know the theater very well. When I went into the theater recently when all of this discussion began again, I was shocked at how much remained of the original material. I have done a lot of work on Richard Kiehnel; Kiehnel and Elliott, the most important, really, architect of the 1920s. He also -- they also did the Olympia. And when the Coconut Grove Theater opened, it was like second only to the Olympia. It was a really, really big deal for Miami. The miracle of it all is that the interior survived and it's still there, and it could easily be restored. I'm also a bit concerned today that everybody's talking about the playhouse or this or that, or the other. What our job is, is to talk about the building. The Preservation Board deals with buildings, not with use. And you never know down the road that there may be a use that is very -- that's very different than what we're thinking of now. I also am very concerned about the white box. It's totally out of character with the theater. I think we have an obligation, because it's on the National Register, to follow the Department of Interior Standards and think about the building, and how important it is to our community. Thank you very much. Chair Russell: Thank you, Arva. Good morning. Abigail Mahoney: Good morning, Honorable Commissioners. Abigail Mahoney, acting Executive Director with the Coconut Grove Business Improvement District. Unidentified Speaker: (INAUDIBLE.) Ms. Mahoney: Canyon hear me now? Good morning, Honorable Commissioners. Abigail Mahoney, acting Executive Director with the Coconut Grove Business Improvement District, located at 3390 Mary Street, in Coconut Grove. The Historic Coconut Grove Playhouse is located at the gateway entrance of the City of Miami Page 14 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Coconut Grove Business Improvement District's southernmost boundary, and plays an intrinsic role in the revitalization of Coconut Grove's commercial core. Since 2015, the BID (Business Improvement District) has allocated $3 million to contribute to the construction of the much needed parking garage associated with the development of the playhouse. The BID Board passed a resolution stating its support, because it believes that it is in the best interest of the property owners, businesses, residents, and patrons of Coconut Grove, and the City that the playhouse project move forward, as proposed by the County. Thank you. Chair Russell: Thank you very much. Good morning. Allen Cox: Allen Cox, Dinner Key. I yield my time to Melissa Meyer. Irene Munroe: Good morning. Irene Munroe, 3164 Mary Street. I yield my time to Melissa Meyer. Chair Russell: They have a -- I think they have a little presentation they want to give, and they're trying to bank some time; is that correct? Richard Heisenbottle: Mr. Chair, if you'll indulge me for a moment, we need a little clarification here. There are a whole host of opponents and expert witnesses that would like to testes against the County's appeal. And the question is, should they proceed now, as the general public; or should they wait until after the County has made its presentation? Chair Russell: Unless they believe they have an intervenor status that they will be granted through special damage above and beyond the general public, this is the time to speak. There's no guarantee they'd be granted that. What is before us today is an appeal of the HEP Board decision of an application of one party. There actually is no second party to this; even though many residents, advocates and historians, and architects have gotten together to show there is another vision, there is not equal footing of time, to put it clearly, in this forum. So as a general member of the public, everyone has two minutes, but I do want to give the generosity of saying if you have others who would like to contribute their time to you, we'll give the additional time so you can -- Mr. Heisenbottle: So expert witness testimony should occur at this time, as well? Chair Russell: Expert -- only if you are called as an expert witness. Mr. Heisenbottle: Who's going to call you as an expert witness if -- Chair Russell: Exactly. Mr. Heisenbottle: -- the other side is not exactly going to call me as an expert witness. Chair Russell: There is no other side that is -- Mr. Heisenbottle: The appellants -- Chair Russell: -- he has standing in this forum. Mr. Heisenbottle: Okay. Dennis Kerbel: Mr. Chair? Chair Russell: Just a moment. Who is --? City of Miami Page 15 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Kerbel: Sorry; over here, Mr. Chair. Chair Russell: Yes. Mr. Kerbel: Good morning, and I'm sorry that this is my first introduction to you on this matter. My name is Dennis Kerbel. I'm an Assistant County Attorney, representing the applicant, Miami -Dade County. And on this point about experts and who else can appear, I think, Mr. Chair, you're on the right track. There isn't - Chair Russell: Thank you. Mr. Kerbel: -- another aggrieved party, we agree with you. The thing that I wanted to object to most strenuously is the notion that another plan or some other design is going to be presented to this board. At least the last time I checked -- Chair Russell: There has been no motion made. There's nothing to object at this point. Mr. Kerbel: Well, he's got his PowerPoint set up, and I'm entering an objection. Chair Russell: Which he is allowed to give during his time as a member of the general public. And I have been clear about this in previous hearings, as well. We are dealing with one application here, and one appeal of a HEP Board decision of that application. But you, as a general member of the public, have full right to show us what you'd like. We're welcome to offer the screen, but we take it as general public comment, which -- Mr. Kerbel: Okay. I just needed to lodge the objection for the record. Chair Russell: Understood. Mr. Kerbel: Thank you, Mr. Chair. Chair Russell: Noted. Thank you. Mr. Heisenbottle: And Mr. County Attorney, just for the record, the presentation that you're about to see is not Richard Heisenbottle's presentation. Chair Russell: How many minutes do you need to -- Mr. Heisenbottle: It's not mine. Chair Russell: -- Mr. Heisenbottle, the -- I believe people were yielding for Ms. Meyer; is that correct? How many minutes is it you'd like to speak? Five minutes. And already, two people have offered their time to you, so you have an extra minute beyond that. Melissa Meyer: Yeah. Chair Russell: You're welcome. Ms. Meyer: It'll be almost six minutes. Chair Russell: Yes. Are you ready to proceed or--? Ms. Meyer: We're ready. I'm -- Chair Russell: Who's "we"? City of Miami Page 16 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Marlene Erven: My name is Marlene Erven. I'm a Grove resident, 30 years, 3066 Washington Street, Miami, Florida. I represent -- we're the group of grassroots residents. We'd like to put on a little PowerPoint and presentation, two minutes each, to explain our position to you on this issue. Chair Russell: And that's within the five minutes that Melissa needs; is that correct? Ms. Erven: It has nothing to do with Richard Heisenbottle. Chair Russell: Oh, understood. Ms. Erven: Okay. I'm sorry. Chair Russell: He was asking is it --? Ms. Erven: Our group is lined up on each side behind me. Chair Russell: I understand. So the two of you -- Ms. Erven: Okay. He just went -- came in to speak ahead of me. Chair Russell: Right. So you would like -- so you have six minutes; am I correct, Mr. Clerk; that two people have donated? Ms. Erven: We have six minutes. Chair Russell: Melissa Meyer has asked for five, but if two people are -- Unidentified Speaker: (INAUDIBLE.) Chair Russell: Okay. Thank you very much. Ms. Erven: Okay, as part of our presentation, correct. Chair Russell: Yes. Ms. Erven: All right. And so, I'd like to introduce John Nordt and give my two minutes to him to do the first couple slides. Thank you. Chair Russell: So, wait. Just so we're clear on time, this is an additional donation of time? That's why I'm asking, what is the total amount of time for this presentation? Who is donating their time so we know upfront? John Nordt: It's six minutes. Chair Russell: Oh, that's within the six minutes. Got it. Ms. Erven: (UNINTELLIGIBLE) donating two minutes and (UNINTELLIGIBLE). Chair Russell: And is Melissa speaking separately? So you're speaking for six minutes, Melissa's speaking for six minutes, and that means -- Ms. Erven: No, we were -- sorry. We were instructed that before each speaker, if we had someone to donate time to (INAUDIBLE). Chair Russell: Right. What -- I'm trying to get it all, so I don't interrupt you every two minutes is that four people have now donated their time; two people are speaking. That gives you the 12 minutes total that you need between the two of you. City of Miami Page 17 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Ms. Meyer: Yes. It's going to be John, then Andy, and then myself. Mr. Hannon: Chair, we're not getting this for the record. Ma'am, if you could speak closer, right into the microphone. Ms. Meyer: John is speaking first, Andy second -- Chair Russell: Are these separate presentations -- Ms. Meyer: Me, third. Chair Russell: -- or it's all within the same --? Okay. I'm understanding what's happening here. So this is not his expert testimony. This is a -- these are members of the public who would like to address this Commission -- Ms. Meyer: Yeah, we -- Chair Russell: -- and the general public, and they've put together a presentation. Ms. Meyer: So that we won't be repeating ourselves over and over again. Chair Russell: And I really appreciate that. And the total amount of time needed for the -- all speakers within this group of the public is how many? Andy Parrish: 12; six apiece; six here, six there. Chair Russell: 12 minutes. I believe we've found enough people to donate their time. Those people will not be speaking, as well, though, today, correct? Thank you. I really appreciate the organization of this. It's going to make it much better and efficient, and I definitely want everyone to have their time to be able to say what they'd like to say. And I apologize for the limitations that we have for efficiency. So, Mr. Nordt, good morning. Mr. Nordt: John Nordt, 3580 Royal Palm. I grew up here, fifth generation Miami. This is an historically significant building. It's on the National Register of Historic Places. It's the State of Florida (UNINTELLIGIBLE) significant architectural elements are intact. And a facade is not a separate building. We don't want to amputate part of it. There's a quick timeline. The voters approved 20 million bond to restore the Coconut Grove Playhouse. The City's HEP Board designated the entire exterior in 2005, despite the misquotes that were heard earlier. I'd like to mention in passing, the St. Stephen's Historic Chapel was demolished in 2012 -- it was a hundred years old -- through some misunderstanding, shall I say? Then the County engaged GableStage to manage a 300 -seat theater, reducing the seats by 73 percent. Then the -- 2017, the City -- the HEP Board granted certifications of appropriateness to the County plan, except for demolition; except for demolition. And this is something that's been pushed forward with a misnomer. So therefore, we go to 2017. Two residents appeal the HEP decision. The City Commission upholds the appeal and made substantial changes to the County plan. The Appellate Court dismissed the residents, and the County continued application of an erroneous DR (designation report). 2019, Department of Interior grants CGP (Coconut Grove Playhouse) designation on National Register of Historic Places, the entire exterior of the building. The City HEP Board in 2019 disapproves demolition of any of the exterior, upholding 2017 decision, and upholding the 2005 decision, which is very clear, and anything to the contrary is not true. In 2019, the playhouse entrance to the Historic Bahamian District has been contemplated. Thank you very much. This is the actual statement the voters approved $20 million for in 2004, and I'll read it very slowly. "The General Obligation Bond funds would complement other funding to reconstruct the Coconut Grove Playhouse, restore its structural integrity, and add to its performance in educational City of Miami Page 18 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 capabilities. " It does not mention "demolition. " And that's what the voters voted for. And there's a problem here if it goes the other way, against the voters. And the 20 million may still be out there, but thankyou very much. Chair Russell: Thank you. Who is speaking now? Mr. Parrish. Andy Parrish: Honorable Commissioners, there's a handout I'm giving to the Clerk to circulate to all of the Commissioners. My name is Andy Parrish. I live at 3940 Main Highway, in a 1909 restored house in Coconut Grove. I was the Chair of the HEP Board on October 5, 2005, and the board voted 8 to 0 to designate the entire exterior; exterior of the playhouse as historic, which I shall prove by reading from the court reporter transcript of the board meeting, which you've just been handed for the record. "The County's proposal is based on an erroneous designation report prepared by the then -board consultant Eleanor Uguccioni," who, at that public meeting, testified on Page 5 of that transcript that she had made a critical mistake in the report. That mistake is why we are all here today. The designation report was never corrected, as it should have been, after the board's decision. And based on Mr. -- Mrs. -- which was -- in that designation report and based on Mrs. Guccioni's testimony, that's what the board based its vote. So I'm going to read a little -- just a short piece from that transcript, on Page 5. This is Eleanor Uguccioni testing before the board, as the board's outside consultant. She said, "I also was a bit chagrinned at myself, because at the end of the report, I made the statement that only the south and east fagades are distinctive, which has led, I think, to people assuming that I am saying that only in the east/south fagades are important, and therefore, we don't need to worry about the building envelope itself. I want to make clear that my intent, why I wrote that -- again, I'm not sure why -- but my intent was certainly to include the entire building in the historic designation report. " Then on Page 36, Jerry Marston (phonetic), who was also one of the board -- it was a very, very good board. Tim Barber was on it; Jerry Marston. Mr. Marston says, "I just need to ask one question: Do we have anybody on this board who would like to speak as a champion for the notion of designating only the facades?" And Ms. Solera (phonetic), one of the architects on the board, said, "no," and others joined in. And then, finally, at the very end of the meeting, my vote was -- and I prefaced it by saying, "My clear" -- and this is on Page 70 -- "intention is to vote for the complete designation of the structure itself, of all sides of the structure. " There was some discussion about the parking lot and everything. We had to include that, because it was part of the folio. So for 14 years, as your appointees -- your appointees -- the HEP Board has done its duty and voted to save the entire exterior of the historic and iconic playhouse; just the exterior. Meanwhile, the County has refused to compromise one inch in its plan to demolish approximately 90 percent of this structure. And based on the evidence I just read into the record, it is high time for a compromise; a compromise that restores and preserves the entire exterior of the Historic Coconut Grove Playhouse. Thank you very much. Chair Russell: Thank you, Mr. Parrish. That was six minutes? Mr. Hannon: Yes, sir; that was the first six minutes. Chair Russell: Good morning. Ms. Meyer: Good morning. Hello. My name is Melissa Meyer, 3161 Ohio Street. I am an AIA (American Institute of Architects) associate, a lead AP in building design and construction. I have a bachelor's and a master's degree in architecture, and I have been an architectural designer and Coconut Grove resident for 25 years. As an adjunct professor at Miami Dade College School of Architecture and Interior Design, I have taught architectural communications, theory of architecture, architectural materials and construction; and architectural design studios, in which we utilize our local historic landmarks to inform the design City of Miami Page 19 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 process. In 2009, loose rules and intentionally misleading language led to the unnecessary demolition of St. Stephen's 1912 Chapel that sat just 600 feet from our nationally -designated historic playhouse. Parishioners and donors confirmed that loopholes and bad advice on how to obtain approvals for a demolition permit by intentionally obscuring the intent to demolish in the City's permit application process left the general public virtually unaware of the pending demolitions. The entire tragedy was extensively documented in these Miami Herald articles by Andres Viglucci and Beth Dunlop, in which George Hernandez, Arquitectonica's preservation architect, identifies and highlights the very gaps in the City Commission's demolition permit application process that he is helping the County and Arquitectonica exploit today. It was George's criticism of the City's project approval and demolition permit application process that led to this 2009 resolution by Miami -Dade County's own Historic Preservation Board, in which the County proclaims, and I quote, "Its strong opposition to the unnecessary destruction of Miami's most historic structures. This resolution vows to support a more ambitious system of educating our citizenry about the buildings that constitute the cultural, historic, and architectural legacy of this area, and the rich history associated with it. " Throughout the application process in which public updates and notices regarding our historic playhouse, Arquitectonica and the County repeatedly misused the terms, "rehabilitation, restoration, and preservation, " while intentionally omitting the word, "demolition. " The City's loose rules and gaps in the demolition permit application process may have been easy to exploit in 2009, but today, in 2019, social media is being used to get the truth out; that's why City Hall is full today. Coconut Grove is not falling for it this time, and Arquitectonica and the County have suddenly begun updating their project descriptions to include words like, "tear -down" and "demolition. " Compromised of crushed (UNINTELLIGIBLE) limestone and a lime -based cement, the concrete block that was used to build the playhouse in 1926 is larger, denser, and has a greater compressive strength than the block that is manufactured today. The Dade County pine floor joist and the roof trusses are as strong as concrete, and they are literally irreplaceable, because Dade County pine is almost extinct; that's why Coral Gables Congregational Church, also designed by Kiehnel and Elliott, has lasted 97 years; that's why El dardin, down the street from the playhouse at Carrollton, also designed by Kiehnel and Elliot, has lasted 101 years, and that's why a fully - restored playhouse will last beyond its approaching centennial anniversary -- well beyond its approaching centennial anniversary -- if you deny this appeal today. I have reviewed Arquitectonica's plans. The re proposed front fagade, the only remnant of the original playhouse, which is a single building, not to -- what I find in their design falls extremely short of the guidelines established by the National Park Service for Restoration. The reuse of the double proscenium arch Solomonic columns, fountain, and concrete grills would amount to mere shards, fragments, bits and pieces that have been torn from their original context, resulting in an ironic and mournful display of kitsch. The proposed promenade and courtyard surrounded by retail space that Miami -Dade County is calling "a compromise," appears to be a recreation of Cocowalk, which had a design life of less than 25 years, and has already been demolished. Appointed by you, the City Commission, because they profess the expertise and the special training required to make informed decisions, the members of the HEP Board have only two mandates: To promote the preservation of the City's heritage by identifying and designating properties of major significance, and closely monitoring alterations to them. They have done their job. The HEP Board did not deny restoration, as stated in the County's appeal. They denied the demolition of our playhouse that is on the National Register of Historic Places. For our City Government to function efficiently and effectively, you must allow the process to work. The Mayor and City Commission must not undermine those who they, themselves have appointed. Under your guidance and leadership, the demolished St. Stephen's 1912 Chapel can be the sacrificial lamb that inspires us to uphold Miami -Dade County's 2009 resolution to oppose the unnecessary demolition of Miami's most historic landmarks. By denying this appeal, you can say, "No to loose rules and misleading City of Miami Page 20 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 language, " and set a new precedent; one that respects the rights of the voters and taxpayers of Miami -Dade County, and finally sets a good example for the next generation. Chair Russell: Thank you. Ms. Meyer: Thank you. Chair Russell: Thank you very much. (Applause) Chair Russell: No, please. Thank you. I appreciate your -- Gloriana Calhoun: My name is Gloriana Calhoun. I'm a Coconut Grove resident. I live at 3665 Park Lane. And to clary that there's no confusion, I'm going to read what adjunct professor of architecture, Melissa Meyer -- and she states that, "There's no confusion about the 2004 voter mandate to use our tax dollars for complete restoration of our playhouse. There is no confusion about the 8 to 0 vote at the 2005 Historic and Environmental Preservation Boards to include the exterior" -- "entire exterior of the playhouse, and to correct the erroneous designation report. There is no confusion about the unanimous vote by the State Historic Review Board to nominate our entire playhouse, including the interior, for the National Register of Historic Places. And there is no confusion about the recent assertation [sic] by the State of the significant architectural elements within the historic theater are intact and in very good condition, underneath removable layers of plywood, drywall, and plaster that were installed during the multiple renovations over the years; hence, the unanimous vote. There is no confusion about the precise guidelines for complete restoration that are specifically outlined by the National Parks Service for the restoration of the buildings that are on the National Register, such as our Coconut Grove Playhouse. And there is no confusion about our playhouse being a single building and not two buildings. There is no confusion about the HEP Board's recent 6 to 4 against demolishing our playhouse. There is no confusion about the inappropriateness of demolishing our historic playhouse site, and ignoring the gateway to Miami's first Bahamian community. There is no conclusion" -- or "no confusion about the State being responsible for the playhouse property and its intent to preserve this precious historic cultural resource. There's just no confusion. " Thank you. Chair Russell: Thank you very much. Maria Freed: Maria Freed. I'm here as a private citizen. I own several residences in Coconut Grove. My main residence is 3055 Washington Street, Coconut Grove, Florida 33133. And I'm here to remind you that the County's plan is not restoration. The County plan violates the Secretary of Historic Guidelines for Historic Properties. The Dade County plan foregoes $2 million in special category grants; those simply won't be available. And other local, State, and Federal historic funds will not be available for construction or into the future. The demolition, most of it, does alter the designation of this building. I have here that I'd like to share with the Commissioners a letter from the Florida Department of State, written by Jason Aldridge, Deputy State Historic Preservation Officer, in which he highlights some of the deficiencies and some of the outcomes of this decision. I'd like to share that with you. Thank you. Chair Russell: Thank you very much. You have copies to pass out? Nadine Johnson: My name is Nadine Johnson. I live at 2915 Catalina Street, in Coconut Grove. My friend and neighbor reported to me about a call that he received from a pollster from Bendixen Amandi International. I was taken aback to City of Miami Page 21 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 hear that their poll question, directed to District 2 residents, via phone, regarding the County proposal, was to, and I quote, "Renovate our Historic Playhouse to be run by the struggling GableStage Theater Company. " The last I checked, "renovate" does not mean "demolish. " The poll stated, and I quote, "That the current playhouse's historic front building will be preserved and restored to its original 1927 look. " As a patron, sustainer, and supporter of our historic playhouse, I can tell you that is not and never has been a front building at the Coconut Grove Playhouse. The playhouse has always been a single monumental historic landmark, heart and soul of the old Grove Village that put our community on the map. The poll stated that, and I quote, "The newly restored playhouse will have administrative offices, dressing rooms, set design, and rehearsal space." The last time I checked, "newly restored" does not mean "demolish. " The poll went on to ask, "Do you support or oppose Miami -Dade County's plan to redevelop the Coconut Grove Playhouse?" Please tell me how you would answer. Were the County's poll questions well -constructed, clear, and not reading -- leading or otherwise biased? According to the American Association for Public Opinion Research Standards for taking polls and accurate and legitimate polls, and I quote, "Avoids ambigui" -- "all ambiguity, confusion, and vagueness, and targets a population that the sample is meant to represent. Respondents have a chance to be selected, and are given accurate time to answer, according to their own research and informed decision-making. " A social media poll that we posted was conducted for 30 days prior to the relevant HEP Board meeting. 422 people participated in this poll. 96 percent of participants favored restoration of our historic playhouse. Only 3 percent favored demolition of the playhouse. Chair Russell: Thank you very much. Max Pearl: Max Pearl, 11850 Southwest 73rd Avenue. I was named-- I was -- County submitted a records request in which I was included. My emails were -- it was -- I guess I was accused of colluding with the HEP Board, and I would like to know if I can, as a result of that, be considered an intervenor and be allowed extra time; being accused of colluding with City officials. Chair Russell: I believe you can address the situation, but intervenor status is granted by very specific legal rules; not necessarily that you were mentioned in -- or accused of something. It has to express a specific damage greater than that of the general public of the application; that the application or the appeal, the situation at hand is causing greater damage to you than the general public; not necessarily the accusation made in a -- Mr. Pearl: In that case, may I ask something -- a different question, then? I have what might arguably be considered the most perfect expert witness. Mr. Zev Buffman is waiting to hear from the --from all of us on the phone. He's willing to give his expert testimony. I do not want him to be included in my two minutes. I don't want to yield my two minutes to him; although he's deserving of it. But I think being the CEO (Chief Executive Officer) of the playhouse in the '60s and 70s -- you would -- we wouldn't be here today if it weren't for Zev Buffman and what -- he made the history happen there, and I think to hear from him is -- it's a waste of time, perhaps -- Chair Russell: What's a waste of time? Mr. Pearl: It would -- well, it would be counterproductive not to hear from him. Chair Russell: Not to hear from him; I understand. He's very welcome to address, and if we can technologically do it, I'm open to that. Mr. Pearl: Well, I did it at the HEP Board hearing, and we heard him perfectly by putting the phone up to the -- City of Miami Page 22 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: That's fine. And --that's absolutely fine. Mr. Pearl: And then following his -- Chair Russell: And he's not as an expert witness, he's -- because nobody's calling him as an expert witness. Mr. Pearl: I understand. Chair Russell: This is as a general member of the public. Are we okay taking this on record in that way, Mr. Clerk? I know they did that at the HEP Board meeting. Mr. Hannon: I'll defer to the City Attorney, but we would need to administer the oath. And can we verb the person's identity speaking by phone? Normally, we have the testimony done in person, or someone reads the testimony on their behalf. John Greco (Deputy City Attorney): This is public comment. If the -- it's within the discretion of the Chair to allow, you know, this individual to basically speak at public comment. We can facilitate it, you know, with regard to having someone appear by phone and be given an oath. Chair Russell: I'm open to it. But you're yielding your time to him, so we expect to hear from him for four minutes; is that correct? Mr. Pearl: No. With all due respect to the Commission, I'd like to not yield my two minutes to him; although he's worthy. Commissioner Hardemon: Not any of it? Chair Russell: I understand now what you're saying. Mr. Pearl: It would be as if he were here in person; instead, he's on the phone. And following him, I would give my two minutes if that's okay with the Chair. Chair Russell: That's absolutely fine with me. Mr. Pearl: Thank you, sir. Chair Russell: And so, you need to swear him in over the phone. Okay, is Mr. Buffman on the phone? Mr. Pearl: Before I begin, I need to pass out some papers to you. Chair Russell: Give them to the Clerk, please, and he'll pass them out; to the Clerk. Commissioner Hardemon: Mr. Clerk, the swearing in that you do is not for public comment; it's for those who will be speaking on the item, so it's for testimony. Mr. Hannon: In a quasi-judicial setting. Commissioner Hardemon: Right, but not for public comment. Mr. Hannon: Yes, for public comment. Commissioner Hardemon: You do -- Commissioner Hardemon: They're putting oath -- they're testifying under oath as to what they are saying as being true and correct. City of Miami Page 23 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: But my question is, those who are coming for public comment are not necessarily testifying; although they're speaking on the issue, they're not testing. I know we take everyone at the same time. We just have everyone stand, which is a general thing, but as I understood, public comment is not necessary to -- Chair Russell: Swear in? Commissioner Hardemon: --for them to be sworn in. Mr. Hannon: I'll defer to the City Attorney. Commissioner Hardemon: Right. Mr. Greco: To the extent that a person speaking at public comment was giving fact -based testimony that could be considered as competent substantial evidence, it would need to be sworn. So as I understand it, the swearing in is to -- covers at the beginning, covers all the people speaking, whether or not it's during the evidentiary portion or as public comment. Chair Russell: So we'll do this en masse. If there's anyone who's come into the building at this point who hasn't spoken yet but hasn't -- wasn't here when we swore in the original group, we can include you at this point, as well; correct, Mr. Clerk? Mr. Hannon: Good morning, ladies and gentlemen. If you have not had the oath administered, may I please have you stand and raise your right hand, if you have not had the oath administered? The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony. Mr. Hannon: Thank you, Chair. Chair Russell: Thank you very much. Good morning, Mr. Buffman. Are you on the line? Mr. Pearl: Zev? Are you there, Mr. Buffman? Zev Buffman (via telephone): Yes, I am. Chair Russell: Can the Clerk pick that up? You're good? All right. Mr. Buffman, good morning. You have two minutes to address the dais and the public. Thank you. Mr. Pearl: Zev? Mr. Buffman (via telephone): Yes. Mr. Pearl: You can begin your comments. You have two minutes. The Commissioners are here. Mr. Buffman (via telephone): Okay, very good. Okay. Thank you for listening to what I have to say. Coconut Grove Playhouse is really very much apart of my life, as some of you or many --all of you know. I owned it in Miami for 37 years after it was bankrupt and shuttered, and formed a (UNINTELLIGIBLE) when it used to be a theater to give it 1,200 seats to make it (UNINTELLIGIBLE) to operate and not rely constantly on grants from various organizations. The key point I want to make in my two minutes is that the size theater -- City of Miami Page 24 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Pearl: Hello, Zev? Are you there? Zev, are you there? Mr. Buffman? Chair Russell: Hold the time for him. Mr. Buffman: Hi. Mr. Pearl: Okay, he's there. Continue, please. Mr. Buffman (via telephone): Okay. Yeah, to continue, there are a number of theaters that were forgotten and left to die, such as the Capital Theater in Clearwater, which is now a hundred years old. l personally (UNINTELLIGIBLE) restored it to a size that is 750 seats, and it is doing 150 performances, 150 paid performances per year, steadily, for the last four years since the job was completed. The Parker Playhouse in Fort Lauderdale, same size as (INAUDIBLE) -- Mr. Pearl: It's gone out. Zev? Mr. Buffman: Yeah. Mr. Pearl: Go ahead, continue. Mr. Buffman (via telephone): The Parker Playhouse in Fort Lauderdale was left to die, and then recently, in the last two years, three years, has gone back to performing concerts and other very, very profitable events, and is now doing over 100 events -- Mr. Pearl: Looks like the call dropped. He's hitting the facetime bags. Chair Russell: All right. The two minutes are up, so. Mr. Pearl: Okay. Chair Russell: But I think we get the gist of what he's saying. Mr. Pearl: I think you got the gist of it. He gave the testimony; it's on record with the previous HEP Board, March 5 hearing. If you want to read, you can check the record regarding his testimony at that time. If I may proceed with my own comments? Chair Russell: Yes, please. Mr. Pearl: I'd like to have the clock -- okay. I'd like to start off with a quote from Walt Whitman, a famous poet from the 19th Century. This is a quote from Mr. Whitman: "Of the empty and useless years of the rest" -- "with the rest me intertwined, the question, oh, me, so sad, recurring, what good amid these, oh me, oh life? Answer: That you are here, that life exists, an identity; that the powerful plague goes on, and you may contribute a verse." Messrs. Commissioners, what will be your verse that you will contribute to history today? How will history remember you, all of us, what decisions are made today? More accurately, will history even be remembered? Before I begin the other comments, I want to talk about -- make two points. The insensitivity that Arquitecton -- the County is claiming about the (UNINTELLIGIBLE) modifications over the years that rendered the building undeserving of being saved, my question is, if those insensitivities were so terrible, then what about the insensitivity of demolishing the majority of the playhouse? The history was not made in the facade; it was made in the auditorium. So we're going to con -- they're going to ask to continue these insensitive modifications of the theater in what would be the ultimate of modifications. Will we be as passionate if a demolition is sought of the 300 -seat plan in 30 years from now, 50 years from now? Will we --? That's the question you need to ask. Will we City of Miami Page 25 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 be this passionate? Will we all be packing this City Hall if they ever decide 50 years from now to demolish the Grove Stage -- whatever they want to call it -- that theater? 21 of the last 23 years that the playhouse existed before it closed, it was responsible for 40 percent of the economic impact on the overall Grove economy. 150,000 people attended annually. These are in the County records; I don't make these numbers up. You can verify them with the County economic records for the playhouse. The County claims that retail, garage will support the theater, but what will support the retail? What will -- we've got boarded retail all over Coconut Grove. What if the retail fails? Then what will you be stuck with? An unsustainable 300 -seat theater, as Mr. Buffman testifies, as Mr. Howard Rog -- who was a Howard -- Broadway producer who is here, is about to testify? Vic Myrick of the Asolo Theater makes the following claims: He said his background -- I'm reading his letter -- "My background for almost 60 years has been on the operations and production of live theater. I have written architectural programs for new and remodeled theater spaces. I have actually toured several production of the Asolo Reparatory Theater to the Grove Playhouse back in the '70s and '80s. I speak to you about my experience as an operations manager about the size of the County's proposed theater space. Theaters with less than 300 seats are usually successful when connected to some kind of subsidized larger organization. I have read a little of the current history of the City's attempt to -- the County's attempt to do something with the old playhouse. I will give you my perspective. One paid consultant has told you that a 300 -seat theater would be less expensive to operate. I believe you will find that it takes about the same number of permanent staff to manage a 300 -seat theater as it does a 900 -seat theater. You need an artist -- artistic director, a manager, managing director, a finance officer, box office and operations manager, to name a few. Yes, air conditioning, heating, ventilation will be higher; and yes, you will have to fill seats. But 300 seats will forever limit your income potential. Your only choice to increase income after the 300 seats are filled will be to raise prices and cut expenses; a sure way to put yourself out of business. The Asolo Theater started out as a 360 -seat theater, 60 years ago. Within 20 years, we could no longer sustain our operation, and we built a 500 -seat theater. This year, we will add 30 seats, raising a potential half a million dollars in ticket sales. " Chair Russell: Thank you, Mr. Pearl. Mr. Pearl: Thank you. Chair Russell: Next speaker. Jennifer Howard Zub: Okay. Hold on. My name -- good morning -- is Jennifer Howard, and I'm a licensed interior architect with a master's in architecture. We, the people, are here today to open the door of the Trojan horse that is rolling into our neighborhood, posing as a restoration and small theater project. If it wasn't for the bold black letters up there that remind you it's a playhouse, this would be a mall. Okay. This is a picture of the fagade. You need to see up close the handling of the restoration, the missing pediments, the random medallion, the tacky white awnings; no thought, whatsoever, in the treatment of historic detail. This is not a firm who handles historic preservation. This is what a real historic preservation architect would do. This is what real restoration looks like. This is a building worthy to greet its visitors at the Historic Charles Avenue and Main Avenue Highways; a building to bridge cultures, not behead them. Their beheaded building and sloppy details will never be remembered. This is the Eidson- Heisenbottle plan. The Eidson-Heisenbottle plan has a 700 -seat theater, plus a 200 -seat black box theater. They have approximately 8,500 square feet of supporting shops, et cetera, and storage. The County's plan has only a 300 -seat black box theater, with approximately 13,000 square feet of miscellaneous supporting spaces. You tell me what's going on here. For all the angry residents here to support the County, tell me, when was the last time a mall increased your property value? Look at the details here. These walls made of metal cages, filled City of Miami Page 26 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 with rubble, probably from the demolished playhouse; the dark alley leading to the West Grove. Is this the welcoming arm? Friends, there is another plan, a thoughtful plan, the Eidson-Heisenbottle plan. And we offer the GableStage, a real venue; not using them as a pawn to build a mall. Commissioners, you cannot keep purveying the Grove as an extraordinary place to be when you keep erasing all there is worth being. Your signatures will be indelibly written in history for the demolition of this building. Chair Russell: Thank you. Ms. Zub: Notre Dame burned down, they are rebuilding it, and so can we. Thank you. Chair Russell: Thank you very much. (Applause) Chair Russell: No applause, please. Thank you. Next speaker. Steve Massey: Hi. My name is Steve Massey, a Miami native. I live in the Avatar, across from the playhouse. I'm hereto summarize our group's presentation. Just coincidentally, I acted in the old playhouse, in the regional production of Child's Play when I was in high school. I will say that it was two weeks and it was packed, and they're great memories. And the playhouse, just personally, for me, is part of my lifelong Miami and Coconut Grove experience. To sum up our positions, only the restoration of the entire building satisfies the voter mandate that was passed in the bond issue. The bond issue stated the Coconut Grove Playhouse was to be restored in its structural integrity, and add to the performance and educational capabilities. Just leaving a faqade does not satisfy what the voters voted for; it's really clear. Okay? So we think that there'll be potentially loss of money by not satisfying the State requirements on historic preservation. There's been testimony here that the building is structurally sound, just like the other buildings that were built at the same time, with the same structural elements. The erroneous DR must be corrected to reflect the actual HEP vote that was to restore the entire exterior of the playhouse. And another note: If you look at what happened to South Beach, historic preservation and economic development go hand in hand; not a faqade as an excuse to build another mall. That's not what Coconut Grove needs. We need to bridge the cultural gap between the East and the West Grove. And we think the restoration of the entire playhouse is the first step to do this. Congressman [sic] Wilson has said she sees a plan to integrate the multicultural aspects of the East and West Grove as essential to creating a unique new cultural experience. We -- you can now create something unique in the United States by restoring the playhouse, by not doing the old flim flam that we're -- we've seen in the past. We can't bring back the old chapel, we can't bring back Jimmy Buffet's Coconut Grove Drugstore, but we can restore the playhouse. Chair Russell: Thank you. Mr. Massey: We can do this, and we can make something really unique. We can be an inviting thing to the West Grove and the East Grove, and we can -- it's our job -- it's your job as the City. Your interests and our interests are not necessarily aligned with the County; that's why the City exists; that's why you guys exist here. Chair Russell: Thank you, Mr. Massey. Mr. Massey: So I urge you to approve the HEP Board designation, and let's restore the entire theater. Thankyou. Chair Russell: Thank you. So if I could just break for a moment. We are at noon City of Miami Page 27 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 right now, where the Commission traditionally breaks for lunch. I would like to know about how many public speakers we have left so that we can make a decision on how to proceed. We have a lot more left, yeah. Unidentified Speaker: We have one more slide. Chair Russell: Okay, yeah, I understand that. But I just -- we have a choice as a Commission to break now -- they have one more slide, one more speaker -- and then come back at 2 o'clock, reconvene public comment, and then take up the appellant's argument, and complete the hearing. I don't -- Unidentified Speaker: (INAUDIBLE.) Chair Russell: And I apologize, and that's why I've been trying to move everyone so quickly, as rude as it seems, to have efficiency. But what's the will of this Commission? Commissioner Carollo: We need a break. We can never expect (UNINTELLIGIBLE). Chair Russell: All right. We're going to break for lunch right after listening to one more speaker, so they can finish their presentation as a group. And what time you guys want to come back? 2? Commissioner Carollo: It's after 12. 2:30. Chair Russell: 2:30? Commissioner Carollo: (UNINTELLIGIBLE) Chair Russell: That gives us a two-hour lunch, right? Commissioner Carollo: Approximately. Chair Russell: We have work to do, as well. Unidentified Speaker: (UNINTELLIGIBLE.) Chair Russell: I understand, but that's -- we always reconvene at 2 o'clock on Commission to complete the meeting. So what we'll do is we'll allow the final speaker of this group, then we'll break for lunch. We'll convene at 2, complete all the public speakers, because there -- it seems as there will be well over an hour more ofpublic comment, and then we'll go into the appellant's case. Malikah Zeraus: In conclusion, in reference to this forum, I'm going to cite what Melissa Meyer has quoted. "Making the entire playhouse even more significant is the fact that it is a theater, a building topology that, by default, encompasses the evolution of Miami's social, cultural, and fashion scene. It is the quintessential Zeitgeist of Coconut Grove." If you destroy that, you destroy the very soul -- did you hear that? -- soul -- okay? -- of the Grove. If you destroy it and try to reinvent it, by demolishing it, you will fail, because it's impossible to reinvent something that took nearly a century to evolve. Thank you very much. Chair Russell: Thank you for your comment. Mr. Hannon: Chair, I'm sorry. Ma'am, if I could just get your name for the record, on the microphone? Ms. Zeraus: My name is Malikah Zeraus. Do you need my address? City of Miami Page 28 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: No. Mr. Hannon: No, thank you. Chair Russell: Thank you very much. I apologize for those of you who we haven't gotten to so far. We will reconvene public comment at 2 p.m. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner Hardemon. Commissioner Hardemon: Is there any way we can allow the young lady who has the doctor's appointment to speak for her two minutes? Chair Russell: If there's any will of this Commission, I'm glad to oblige. Commissioner Hardemon: All right. Chair Russell: It's -- Commissioner Hardemon: Just the doctor's appointment. I understand, because my Chief of Staff always goes to doctor's appointments, and I'm happy to have him here, so just in case you don't make it back. Chair Russell: Thank you, Commissioner Hardemon. Joanne Bander: I appreciate it. I'll be very quick. I'm Joanne Bander, 500 Alhambra Circle, Coral Gables, Florida. I was a board member for many years of GableStage. I was Kay Sorenson's first appointment to the Miami -Dade County Historic Preservation Board. I sat for 10 years, more or less, including the whole battle over the Sears Tower. I come here with a different voice. I come with a voice of theater and the realities. I'm not here to address the physical presence. I'm a great fan of the Coconut Grove Theater. I was there regularly from the time we moved to Miami in 1973 until it was destroyed. But it was not functional when the hurricane took it down. It was economically a disaster. It could not continue. There's a reality about the economics of theater in Miami -Dade County that has to do with how many seats a theater can have and make it, including with a strong board, and good civic participation and donations, and do the kind of interesting, quality, gutsy theater that we need. The Arsht does fine on road shows, bringing Broadway road shows. We need a theater that is constructed and dedicated to the kind of theater that has many of us skipping here and going to New York; the kind that brings Tony Awards; the kind of really exciting, dynamic, contemporary theater. A small theater is what is called for; the number of seats that was very carefully considered from an economic viability. No one else has addressed that. Thank you very much. Chair Russell: Thank you very much. We are in recess until 2 p.m. Thank you very much. Later... Chair Russell: So the oath has been administered. Everyone here who'd like to speak, please approach. And if you could separate to both lecterns, we'll be more efficient. Each of you has two minutes to speak. If anyone would like to donate their time to someone else, just before that person speaks, just raise your hand so we know, but that'll preclude you from speaking, and you can offer your two minutes to somebody. Let us know your name. You don't have to let us know your address. It's helpful if you let us know your position on the issue, so sometimes it's hard to parse that sometimes within somebody's comments, but you're very City of Miami Page 29 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 welcome to speak your mind. So please use both lecterns, and I've only got one person to speak over here. If there are others who would like to speak, please line up, and you're very welcome, sir. Good afternoon. Bruce Leslie: Thank you. Good afternoon. Thank you for the opportunity to speak with you. My name is Bruce Leslie. I am the Executive Director of City Theater, and I was the General Manager of Coconut Grove Playhouse in the late '90s. I was there when the building started failing, which led to the path we are now on. I was there when a chunk of concrete fell off of the ceiling during a performance in our (UNINTELLIGIBLE) Room Theater. I was there when the engineers told us that the Charles Avenue side of the building was structurally compromised and that we needed immediate shoring to prevent collapse. I think we can all agree that the building needs major work. Theater is a business. Most often, you'll hear about the art and people's experiences, but it is a business. It has employees, vendors, bills to pay, bank accounts, and everything else a normal business has, except perhaps profits. So rather than talk about the building, I'd like to give you a peek behind the curtain regarding the business at Coconut Grove Playhouse, to hopefully assist you with your deliberations. I arrived at the playhouse in 1994. During the fiscal year ending 1993, the year before I arrived, the playhouse lost $270,000. In 1994, the year I arrived, it lost $160,000. In 1995, we lost $300,000; in 1996, another $200,000. Finally, in 1997, we generated a surplus. Yet, during this time, we had some of our best known productions: Don't Stop the Carnival, the (UNINTELLIGIBLE) Avenue Triangle, Presenting Mr. Green, and the Late Show with David Letterman; although technically, that was a rental. Our business model was to bring in stars, people with general name recognition; people like Hal Holbrook, Eli Wallach, Bea Arthur, Jack Klugman, Tony Randall, Jimmy Buffet. But we also participated in co productions. This is where two or more theaters pool resources to mount a production, and then the shows are performed in each of the theaters. One down side of this model was that we didn't hire enough local talent. We often brought directors, designers, and actors from out of town. Wholly, this business model was not sustainable. The playhouse closed in 2006 with $4 million in debt. At that time, Lucy Arnaz, a star, was to perform in Sonia Flew, playing at Coconut Grove Playhouse, followed by Parker Playhouse in Fort Lauderdale, in co production. Chair Russell: Thank you. The two minutes are surpassed. Mr. Leslie: Really? Chair Russell: If you want to just wrap -- Mr. Leslie: Oh, okay. So -- Chair Russell: Time flies. Mr. Leslie: -- I encourage you to support the County's plan, because I think it's well thought, and they considered both artistic and business aspects when developing the plan. Thank you. Chair Russell: Thank you. Sorry to cut you off. Unidentified Speaker: (INAUDIBLE.) Chair Russell: I'm sorry? You'd like to donate your two minutes to--? If you all could let me know that beforehand, it's very helpful. Sir, if you wanted to finish up, that's fine. I apologize. Mr. Hannon: Could I get the person's name who's donating their two minutes? City of Miami Page 30 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Did you hear that? Rosalyn Stuzin. Please go ahead. Mr. Leslie: Thank you. So the playhouse closed in 2006. Also, in 2006, the Adrienne Arsht Center opened. And in 2011, the South Miami -Dade Cultural Arts Center opened. These new facilities and their programming have put additional pressure on a business model like we ran. For example, today's the opening of The Lion King, at the Arsht. National tours are more economical than even the co - productions that we would do. So in conclusion, I hope you will remain committed to keeping theater at the playhouse. I also urge you to support the plan put together by GableStage, Miami -Dade County, and FIU. This plan has been well developed, considering both artistic and business needs in its formulation. This plan will also provide another benefit of supporting the local theater industry. Thank you. Chair Russell: Thank you very much. Hello. Genessa Goldsmith Proctor: Hello. My name is Genessa Goldsmith Proctor, and I would like to cede my time to Stephen Neal. I would hope that -- Unidentified Speaker: Couldn't hear you. Ms. Proctor: I would like to cede my time to Stephen Neal, and I would hope that the board would vote in favor of what I believe is a compromise. Chair Russell: Thank you. Stephen Neal: Hello. My name is Stephen Neal, 501 Northeast 107th Street. I hold a master of fine arts degree in stage directing from FSU (Florida State University). I'm a proud member of Actors Equity Association, Screen Actors Guild, and the Theater faculty at FIU. My wife and I made South Florida our home in 1984 for three primary reasons: I found work as an actor in the Florida Shakespeare Festival; there was an abundance of professional theater, film, and television work available; and I harbored a hope that someday, I would be an actor in the company of the world-famous Coconut Grove Playhouse. Although that didn't happen yet, I did pay some dues by working in the playhouse for a few years, in a variety of backstage capacities. I urge you to allow this plan to move into the construction phase so we can bring our flagship regional theater back to life. Please take a moment to consider why the playhouse earned its international reputation in the first place. One, Coconut Grove is an ideal location; two, the theater is instantly recognizable because of the iconic wing -shaped facade that is an asset; three -- this is where I want you to think literally outside the box -- while a theater building is an important asset, a theater building without a company to create magic in it is exactly what the playhouse has been for the past 13 years, a useless and derelict skeleton. Producing theater companies are the beating hearts and lifeblood of theater. To be successful, the theater building, the company's mission, and the business plan need to be a good fit; that's where the playhouse failed, as you just heard just now. The stage house and auditorium became too big, and at the same time, too small to serve its original mission of bringing Broadway to the Grove, and ofpaying the bills. The Arsht Center has taken that mission over anyway, so the mission and the building for the new playhouse must be downsized. GableStage can trace its roots back to the Shakespeare Festival, performing on the magnificent grounds of Vizcaya. That company persevered through many downsizing changes to become eventually GableStage. They brought in Joe Adler and started staging award-winning, cutting edge, bill paying theater. Now we have a chance to merge this resilient and nationally -recognized company with the most valuable asset --the historical assets of the playhouse. I can tell you from my many experiences backstage that they are not to be found in the cement, the plaster, and the wood of the playhouse stage house. They can be found in its rich production history; the work of thousands of men and women who created 50 years of City of Miami Page 31 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 unforgettable productions for South Florida audiences. That had very little to do with the building, but everything to do with what theater really is; that's why the playhouse is so important. If Joe Adler could work magic within the severe limitations of that converged -- converted hotel room, meeting room, just imagine what great theater he can create in a building that is designed and constructed specifically to serve his mission. This exquisitely detailed plan is grounded in common sense, vividly imaginative, culturally sensitive, and financially feasible. It restores and reveres the most significant and recognizable architectural elements of Kiehnel and Elliott, and brings the beating heart of live, world-class theater back to the Grove. Please don't let this plan of 13 years and over a million dollars in the making be destroyed. I urge you to let us make it a reality by 2022, so we can have a partnership with FIU, and produce the first master's degree program. Thank you very much. Chair Russell: Thank you. Hello. Joanne Kacin: My name is Joanne Kacin. I live directly across from the playhouse in Camp Biscayne. I wish to yield my time to Sally Stern. Chair Russell: Thank you. Sally Stern: Thank you. Just as a rebuttal to the last two speakers -- Chair Russell: You need to move the microphone to your face, please. Ms. Stern: Oh, I'm sorry. As a -- Chair Russell: Yeah, you don't need to hold it; just -- Ms. Stern: As a rebuttal to the last two speakers, we're here for preservation, not for business plans. We're talking about history. Honorable Commissioners, I'm standing before you today to ask you to uphold the ruling of your self-appointed Historic and Preservation Board to save the Coconut Grove Playhouse from demolition; preserve all of the building, inside and out; and preserve our architectural history for our City, our State, our citizens, and for posterity. You can make a difference today and do the right thing. Please uphold the ruling of the HEP Board and vote for preservation, and against demolition. Please remember the voters, your constituents voted for a 20 -million -dollar bond issue to, quote, "reconstruct and restore the Coconut Grove Playhouse." Nowhere in the bond issue does it say that these funds are discretionary. The bond issue is the voters' way of telling their government how and where they want their money spent. I'm asking -- no -- I'm imploring you to fulfill the voters' wishes and the will of the people to preserve Coconut Grove Playhouse according to the preservation plan, and fulfill your duty to your voters and the letter of the law. As representatives of the people, you will maintain their trust and respect by following their wishes. There is a correlation between the salvation of Coconut Grove Playhouse and Grand Central Station, which was a cause celeb for Jackie Kennedy. Both buildings were designated historic by the State, and both had the City Government try to overturn the ruling. Fortunately, the City of New York lost in a Supreme Court case in 1978, Penn Central Transportation Company v. New York City, Number 77-444, which states, "An historic designation by the State cannot be overturned by a City Government." This law still stands. When Jackie Kennedy took up the cause for the Grand Central Station, she said during its struggle, quote, "If we don't care about our past, we can't have very much hope for the future." We've all heard that it's too late, it has to happen, but I don't think that that's -- it's inevitable -- but that's not true. I think that if there's a great effort, even in the eleventh hour, then you can succeed, and I know we can. We didn't vote for another failing shopping center, restaurants, expensive condos, or offices, as in the current Arquitectonica plan, which is not a preservation plan. We want a fully City of Miami Page 32 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 restored theater, fact; tourist restaurant, demolished. Now new restaurants have failed, one after another. Currently, it's an ugly eyesore; Cocowalk, out of business, demolished; Mayfair failed, mostly empty; Commodore Plaza, failed. The 2019 retail facts, these giants are downsizing or out of business -- going out of business: Macy's, Henry Bendel's, Lord and Taylor, Zales, Kays, Jared's Jewelry, Starbuck, J. Crew, J.C. Penney, Kohl's, Gap, Victoria Secret, Sears, to name a few. This government body can choose to follow the will of the people and not misappropriate government funds and preserve the gem of our City, the Coconut Grove Playhouse, and refuse to be part of another failed plan that would summon the death now of Coconut Grove. In conclusion, imagine Miami Beach, without deco; the grand canals in Venice, without mansions; New York City, without historic theaters lining Broadway; and Coconut Grove, without the original Coconut Grove Playhouse. And I want to finish with a quote from Jackie Kennedy: "Isn't it cruel to let our City die by degrees, stripped of all its proud moments until there's nothing left of her history and beauty to inspire our children?" Thank you. Please save Coconut Grove Playhouse -- Chair Russell: Thank you. Ms. Stern: -- our history, and vote against demolition. Thank you very much. Chair Russell: Thank you for your comments. Is there really only two more people here to speak? Anyone who'd like to speak, please approach both lecterns and be ready to speak, one after the other; that way, we'll get through a little more efficiently. Please go ahead. Miguel Abadia: Good afternoon. My name is Miguel Angel Abadia. Mayor Gimenez [sic], Chairperson Russell, Commissioners, ladies and gentlemen, we heard many times the term that Miami and South Florida is a melting pot. Well, that's very true. It is a melting pot of different cultures. Just alone in this room, if you look around, you see people from so many places. As I look at you, the Commissioners, I see one, two, three Hispanic descent; Anglo; Afro American. Chair Russell: Japanese. Mr. Abadia: Ilium? Unidentified Speaker: Japanese. Mr. Abadia: Oh, sorry. Well, moreover, Japanese. Commissioner Hardemon: I'm Negro. (Applause) Chair Russell: I was the Japanese. Commissioner Hardemon: I know. I was surprised, too, but I learned it later on in life. Mr. Abadia: Two minutes have gone now? Chair Russell: Wait, wait, we'll give you a few extra seconds there. Mr. Abadia: Okay. Chair Russell: That was our fault. Sorry. Mr. Abadia: You must be asking, "What is the point?" Well, the point is that the City of Miami Page 33 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 County's plan does not and will not work. With all your due respect, Mayor Gimenez, the County's plan is a selfish plan with no inclusion, no multilingual, nor multicultural concept. It does not ung cultures. And most of all, it is not restoration. It's demolition, it is destruction, anything but theater. Retail, garage, restaurants, condo, a breezeway; oh, yes, and a 300 -seat theater, just because the contract with the State requires it. Well, that is not the legacy of the Coconut Grove Playhouse. You know, as an actor, a producer, a Spanish TV (television) host, an artistic director for the past 45 years, and having worked at the Coconut Grove Playhouse with the marvelous Jose Ferrer, I can assure you that there is an alternative plan, a feasible plan, with a magnificent concept, and that would be the Coconut Grove Foundation, the Eidson-Heisenbottle Center for the Arts -- Chair Russell: Thank you. Mr. Abadia: -- a full cultural experience, making it once again, our beloved Coconut Grove Playhouse, a true and magnificent cultural center, good for all of us -- Chair Russell: Thank you very much. Mr. Abadia: -- and not just a few. Chair Russell: Thank you. Mr. Abadia: Thank you, sir. Chair Russell: Thank you for your comments. Mr. Abadia: Thank you. Chair Russell: Hello. Clark Nobil: Hello. Good afternoon, members of the Commission, and to the ladies and gentlemen present here. My name is Clark Nobil. I'm a lifelong resident of Dade County. For over 15 years, before it closed, my wife and I were front -row - seat season ticket holders on the first Sunday matinee of each play at the original Coconut Grove Playhouse. Each time there was a play, we'd come to the Grove, watch the play, eat dinner at a nearby restaurant, window-shop along the way, and end up buying something at one or more stores. We'd repeat this activity over a half dozen times a year. All that fun ended when the playhouse folded, and so did our extra spending in Coconut Grove. Frankly, I'd like to see that change sooner rather than later, and I'm sure Coconut Grove merchants would also agree with me. However, after all the heated rhetoric and divisiveness of the last four years, it's now time for the City of Miami Commission to start a much-needed healing process, and even more importantly, to preserve the existing bond ratings with Moody's and Standard & Poor's. A unanimous vote by this Commission in support of the existing County plan would send a clear message to buyers of current and future City of Miami municipal bonds. The clear, unmistakable message would be that the City of Miami, along with Dade County and the State of Florida, can be a reliable, progressive partner in a rare and distinctive multiple-public-nonprofit- private-partnership ultiplepublic-nonprofit- privatepartnership project. Would Moody's or Standard and Poor's upgrade their ratings on Miami City bonds immediately following the Commission's unanimous approval of the County plan? Perhaps not, but we can all be 100 percent certain that bond investors would be much happier to see if this passes unanimously rather than split across partisan lines. So in your final deliberations before your vote, I would urge each Commission member to consider one thing: The sooner this new playhouse and adjacent stores open, the sooner Coconut Grove's downtown revitalization will be boosted; it's that simple. So, please, let's not delay this important project any longer. Vote unanimously to move it forward. Let's City of Miami Page 34 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 demonstrate how united the City of Miami can be on this vital project. Chair Russell: Thank you. Mr. Nobil: I thank everyone here for their time. Chair Russell: Thank you. Hello. Colleen Stovall: Hi. My name's Colleen Stovall and I lived in Coconut Grove for over 30 years, and I have spoken to many people about the issue of restoration of the Coconut Grove Playhouse. Some people say it's impossible, unaffordable; there's too much mold, too much damage, and it's just impossible. I'm sorry, I don't believe it. My neighbors and I don't believe it. And the neighbors who spurred the development of the following lovingly restored historic theaters across our country don't believe it, either. Some of these theaters have sat empty for over 40 years; some are large; some are small; some cost a very small amount to restore; some cost, you know, millions and millions of dollars. This is the list, a very short list: The Ambler Borough, the Collingswood, the Colonial, the County, the Ohio Theater; the Fox Theater, Atlanta; the Fox Theater, Toussaint; the Fox Theater, Visalia, California; the Starlight; the Goodspeed; the Capital; the State Theater; the King's Theater; the Silver Theater; the Uptown Theater; the Hanover Theater; the Colony Theater; the Palace, the Princess; and the Gem Theater; the Comet, the Grand, and the Orpheum Theater; the Cozy Theater; the Flame Theater; the Canby Theater, all 11 in Minnesota; the Heights Theater; the Lansdowne Theater; the St. George; Emerson Colonial; the Ace Hotel Theater; the Embassy; the Alameda, and the Norfolk. I could go on, but I just wanted to remind you that it's not impossible. It's all about will; political will, and the will of the neighbors. Thank you very much. Chair Russell: Thank you. Bruce Turkel: Good afternoon. Hi. My name is Bruce Turkel. My office was in the Grove for over 30 years. And believe it or not, I'm not here to talk to you about a theater, or architecture, or historic preservation. There's too many experts here for me to do that. I'm here to talk to you about what I know about, which is all of you, because what I do is build brands. I build brands for the City of Miami; I build brands for Miami Beach; I build brands for Bacardi, for Discovery Channel, and lots more. And what I know is that what happens today is going to impact your brands, your legacies. This is what people are going to remember about you when you go out in the public and try to accomplish things -- and let's face it -- when you try to be re-elected. Now, it's important to know that the public's memory is not very long, and it's not even that good. You could argue that people couldn't name the five people on this Commission; six people, with the Mayor. They can't tell between the Mayor Suarez and the Commissioner Suarez. They don't know the difference between the City of Miami and the County. But what they do know is this building. If you vote to support the County's plan, the building will be an icon that you will all be proud of- it'll be your legacy. If you vote "no, " and kick it down the - - kick the can down the road, what'll happen is the building will revert to the State; that's the only thing that can happen. And no other State organization will take it on, and it will be sold as surplus property. And then what will happen is that a condo will be built there -- a real big one -- so it can see over Camp Biscayne to the water, and that's what you'll be remembered for. Legacy is a very important thing; it lasts a long time. Vote 'yes, " restore the theater with the County, and that will be your legacy. Thank you. Chair Russell: Thank you very much. Barry White: Good afternoon. My name is Barry White, 1001 Southwest 129th Terrace. The HEP Board got it right. They rejected this plan, because it is and City of Miami Page 35 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 would be a total failure, economically, architecturally, theatrically, and as an act of historic preservation. And it is in violation of Federal historic preservation standards, and would not qualms for Federal funding. This proposed plan would not fulfill the function of the playhouse as an economic driver for the area. Economically, it is a gross underuse of the location. It is too small to attract significant numbers to the Grove; and even worse, those who do come would be encouraged to eat and shop there instead of in the neighborhood. The current configuration of the playhouse of 1,130 seats with a small cabaret theater would be much better economically and historically, and there are dozens of 1,100 -seat theaters throughout the nation, regional theaters, and hosting touring companies. The South Dade Cultural Center has 964 seats and a small black box theater. The proposed 300 -seat theater could not possibly produce enough income to support the facility, or generate enough patronage to be anything more than a museum and a cultural artifact. With more seats and no competing elements, and with more parking, the playhouse could fill the nearby restaurants and shops, and draw hundreds of thousands of patrons. The current plan would never draw more than a hundred thousand per year. Someone said that Miami cannot support (UNINTELLIGIBLE). What I really want to tell you is why the theater failed. Arnold Middleman was the Producing Executive Director. Equity Players at the theater realized that he was altering the shows coming from Broadway. The gentleman who spoke before who was at the theater did not mention the production of Broadway shows, because they were barred, blackballed by New York from having productions. So when that happened, that -- and that board should have fired him on that day. At the time that happened, there were busloads of people coming from Broward. And it did not fail for lack of patronage; it failed for catastrophic mismanagement of its board. And it can work. Chair Russell: Thank you. (Applause) Chair Russell: No applause, please. Thank you very much. Hello. Alexis Snyder: Good afternoon. I'm Alexis Snyder, Chief of Staff in the office of the United States Congresswoman Fredericka Wilson, and I'm here to read a letter on her behalf. And Quincy Cohen from our office has yielded his two minutes to me. I'd like to read her letter. "Chairman Russell and City of Miami Commission, I write to you regarding the pending plans to renovate the Historic Coconut Grove Playhouse. In an effort to move forward towards reaching a compromise, I've communicated with representatives from both sides of this issue, hoping to reach an agreement beneficial to everyone; particularly, to the Bahamian American community. Unfortunately, as of today, that compromise has not been achieved. Additionally, I sincerely regret that the proposed development plans in its current state will likely result in the Coconut Grove Playhouse losing its National Register designation, which is so rare, and should be coveted. This will be a tremendous loss to the Coconut Grove community, the City of Miami, and the State of Florida. Unfortunately, however, the necessary funding stream is currently out of reach of the parties negotiating to preserve the historic structure and designation. I am encouraged, however, to say that I am moving forward with both the City of Miami and Miami -Dade County to make my quest for Bahamian inclusion a reality. Thank you, Commissioner Russell, for your willingness to provide the Bahamian Heritage Initiative, Miami -Dade County, and the Coconut Grove Playhouse Foundation with the much-needed deferral to consider the importance of including Bahamian history and culture in this project. Thank you, Commissioner Gort, for your input and for hearing our cry. Thank you, also, Mayor Gimenez, for accommodating our small request to include the Bahamian Cultural Arts Center within the Coconut Grove Playhouse development plan, and our larger request for the museum and the Bahamian Village. We all know the history of Miami and the important role Bahamians played in the establishment and founding of Miami. My City of Miami Page 36 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 grandparents were an integral part of the first Bahamian settlers in Miami and Coconut Grove. I owe it to them and all of the Bahamian diaspora to preserve their legacy and heritage, and to tell their story to our children and generations yet unborn. As Chairperson of the Bahamian Heritage Initiative, I look forward to working with you in achieving the goals and vision. Sincerely, Fredericka S. Wilson, Member of Congress." And I'd like to yield the rest of my time, which is probably about two minutes, to Rowena Poitier-Sutherland, who is the Director of Culture for the Commonwealth of the Bahamas, and the founder of the Bahamas Artists Movement. Chair Russell: Thank you. Rowena Poitier-Sutherland: Honorable Commissioners, I am here today, not in my capacity as Executive Director on a position of the Government of the Bahamas, but rather as a cultural practitioner. Allison Cohen has also yielded her time to me. My name is Rowena Poitier-Sutherland. I am from the Island of Freeport, Grand Bahama. I've flown in from Nassau, Bahamas, to be here today with you. I am a Bahamian, the founder of the Bahamas Artists Movement, lecturer at the University of the Bahamas, a cultural and creative industries practitioner, and a part of the Poitier legacy, dating back to 1913 in Coconut Grove. On the drive here, I saw the walls that my great -great Uncle James Poitier built. Growing up in the Bahamas, we would always hear about our proud legacy in Coconut Grove. We knew of my Uncle Sidney Poitier's journey. This has been a beacon of inspiration for an entire nation. Today I am saddened to see that little of my ancestors' blood, sweat, and tears remain. However, I am encouraged by the opportunity to restore the Coconut Grove Playhouse, a physical representation of my forefathers' contribution to the development of Coconut Grove, as they built it with their own hands. Honorable Commissioners, as mentioned earlier, this building can be a cultural bridge. In 2002, the path of my family's names -- I followed the path of my family's namesake, Sir Sidney Poitier. I began my own journey in the United States. I was blessed to have the opportunity to pursue a bachelor's and master's degree in the arts here in America, and to pursue a career in acting. I am forever grateful for this opportunity, as it changed my life, and it is a rare opportunity for many in my country. Since this time, I have dedicated my life to two things: One, the advancement and protection of Bahamian Culture; two, artists and creative industries development, particularly for youth. In 2012, I founded a company called BAM, the original name being the Bahamas American Movement, and later changed to the Bahamas Artists Movement. Since this time, we have worked closely with American creatives to provide arts education, and exchange opportunities between countries. We were also honored to receive support and encouragement from Sir Sidney Poitier, and include on our advisory board the likes of Mr. Danny Glover, and many great Americans and Bahamians, excited about creating international spaces for arts education inclusion -- and inclusion. This will be so in the Bahamas, in Coconut Grove, and around the world. In 2016, I began conversations with Ms. Cornelia Dozier, Director of the Greater Miami Host Committee, regarding the development of Coconut Grove Bahamian Village. This was and still is an exciting prospect. The creation of such a village will highlight the beautiful Coconut Grove story and heritage, and give creatives from the Coconut Grove area and the Bahamas a platform to learn, to work, to pass on the great story of how Coconut Grove came to be. Honorable Commissioners, many from around the world are invested in preserving the historic integrity of the Coconut Grove Playhouse. This is an integral part of our shared heritage; our story. There is a proposed plan to sustain the playhouse that should be considered for implementation. This building, Commissioners, is a cultural bridge. Honorable Commissioners, I am here today to observe what is said, and on what side of history you will fall. This is a part of your collective story. The artistic community is watching; the cultural community is watching; the Bahamian people are watching; and indeed, the world, Commissioners, are watching. I thank you for this opportunity. City of Miami Page 37 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 (Applause) Chair Russell: Thank you. Please, no applause. Did you get the name of the last person that donated the time for the two minutes? There was additional -- Ms. Poitier-Sutherland: Allison Cohen. Chair Russell: Thank you. Thank you very much. Hello. Emilia Adams: Hello. Chair Russell: If you -- oh, you have a hand-held mike? Ms. E. Adams: Yeah. Chair Russell: It sounds like it. All right. You can stand wherever you like. Ms. E. Adams: Hello. My name is Emilia, and I'm in second grade at Carrollton, and I am proud to say that I was a resident in Coconut Grove since I was born, and I support the playhouse. Scarlet Adams: Hello. My name is Scarlet. I'm in second grade in Carrollton. What do I say next? Chair Russell: Okay. Ms. S. Adams: And I support the playhouse, and I think it's magical to me, and it makes my life change. Chair Russell: Thank you so much. I will allow applause for that. (Applause) Chair Russell: Well done. Would you like someone else to go before? That's all right, if you need more time. You're ready? Cornelia "Corky" Dozier: I got it. Good afternoon, Commission, Chair, Mr. Chair, Commissioners. My name is Cornelia "Corky" Dozier. I celebrate 50 years as a professional performing and visual, as well as media artist, as well as an entrepreneur. I am very proud, indeed, to have served as a consultant for the NEA, as well as the State of Florida Department of Cultural Affairs for the vital State Theaters Exchange and Network; particularly looking at strategies and diversity, and inclusion. Just recently, Congress amended the National Historic Preservation Act in 2016. It amended it with an area that's very important, indeed, when we talk about our community of Miami. They amend it because of inclusion, diversity. The preservation movement is deeply committed to telling the full story of our nation's history, and seeks to identify, acknowledge, and protect previously undervalued places and underrepresented communities in order to capture the full breadth and diversity of our nation. Historic preservation has demonstrated an unparalleled capacity to realize and revitalize cities, neighborhoods, communities; foster vibrant economic and social activity, and generate jobs, and spur tourism. Historic preservation is more than brick and mortar. That's an important thought, because we need to pay attention to cultural significance. This is about people; this is about the use of properties, the use of land; it's not just about buildings. The human element is crucial. I remember serving as the Chairman of Community Support for the Performing Arts Center, and during that time, I -- and I must say that I have yielded time from Mr. Richard Fendelman and yielded -- Chair Russell: Yes. We have it on the record. City of Miami Page 38 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Ms. Dozier: Okay. Chair Russell: You still have three minutes and 30 seconds left. Ms. Dozier: Okay. And during that time as Chairman of Community Support, we talked about existing facilities; that before we built a Coco -- the Performing Arts Center that we have downtown that we would talk about existing facilities. Well, the Coconut Grove Playhouse is an existing facility. Existing facilities are wonderful, because it gives you the opportunity to create regional opportunities for actors and musicians, and performers to create local talent opportunities, and through their works, to tell the stories of their communities that they live in. That's the most important aspect. The Coconut Grove Playhouse stands as a cultural hub for the creative residents of Coconut Grove and the world. It's been a cultural tourism destination with a dynamic diverse community, energized through a creative spirit, abundant and creative economic opportunity, and infused with passion for the arts. The playhouse sits in the center of the first Bahamian settlement in the South Florida mainland. To the east, by the water, white Bahamians, the Beasleys, developed their property, which is now known as The Barnacle. To the west, on the other side of Main Highway, other white Bahamians, like William Frow and E. W Stirrup, an African-American Bahamian, developed properties. The Coconut Grove Playhouse sits on property that was once owned by E. W Stirrup. The Coconut Grove Playhouse was built by Bahamians in that community, who lived, by the way, in the black Bahamian gateway workforce community adjacent to the theater on Charles Avenue. When I came here from Broadway as the lead in Don't Bother Me, I Can't Cope for the Coconut Grove Playhouse, I also came as an Actors Equity representative for the union, and found out very quickly that the black talent that we had that had come from Broadway, from a professional perspective, was not being welcomed. They could not stay in the hotels. They could not -- they were not to be served in restaurants. And with that in mind, I approached then Mr. Bob (UNINTELLIGIBLE) and said, "Is there a discrimination action that we should take?" And he said, "What can we do?" And I came to you. Many of you were apart of that time and experience when I came. I came to the Commission for the City of Miami, and led by Bahamian American Commissioner Reverend Theodore Gibson, the Coconut Grove Playhouse became the first theater to be integrated. How wonderful to see that time, because that integration led multicultural theater experiences; not just Spain -- not --just not African-American, but Hispanic American experiences, Asian American experiences; so many were brought to the theater. But most importantly, most importantly, new audiences, new consumers came into the theater. The idea of working with the Coconut Grove Playhouse Foundation is one that I embrace, because the Coconut Grove Playhouse is my home. From the playhouse, I created the Coconut Grove Children's Theater, a three -time Emmy Award-winning corporation for public broadcasting; best children's theater in the United States entity. Chair Russell: Thank you, Corky. Ms. Dozier: And with that in mind, I look to work with our community to develop this vision as a performing arts center, rooted in culture and creativity, and I have - Chair Russell: Thank you -- Ms. Dozier: I can't --? Chair Russell: -- but I believe the time is up. We've done six full minutes of speaking, so we don't -- we actually don't have time for the -- Ms. Dozier: Just two minutes. Can I get two minutes from someone? City of Miami Page 39 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: -- video. How long is the video? Ms. Dozier: It's a video. Chair Russell: How long? Ms. Dozier: Exactly two minutes. Chair Russell: It's a two -minute video, so I'd say if there's someone who's willing to yield their -- Unidentified Speaker: (INAUDIBLE.) Chair Russell: Thank you very much. What's your name, please? Unidentified Speaker: (INAUDIBLE.) Chair Russell: Thank you. (Video Presentation) Ms. Dozier: That's the Coconut Grove Bahamian Village that's incorporated as a part of the entire presentation plan -- Chair Russell: Thank you. Ms. Dozier: --from the foundation. Chair Russell: Thank you very much. Hello. Freddie Young: Well, it's hard to follow that. I'm Dr. Freddie Young, born and raised at 3767 Percival Avenue, and an active member of the NAACP (National Association for the Advancement of Colored People). And I'm here because we have always fought for the rights of individuals, and the right to maintain our culture, and to be involved with saving our communities. And I ask you to really consider your plans, and take into consideration the importance of Bahamian culture and involvement. And as you notice, not members of the community are here, and mainly because they have been before you many times and have not been listened to, and African-Americans have not been someone that you valued of their involvement. So we ask that you really reconsider and maintain and save the playhouse. Thank you. Chair Russell: Thank you very much. Mr. Poitier. Jeffrey Poitier: Commissioners, my name is Jeffrey Poitier. I am from Nassau, Bahamas. I'm here to represent the Poitier family, both in the Bahamas and in Coconut Grove, and the national community of actors. My family's relationship with Coconut Grove Playhouse began in 1913, when my grandfather, Reginald Poitier's cousin, James Poitier, Sr., moved from Cat Island, Bahamas to Coconut Grove. According to his granddaughter, Evelyn, James Poitier, Sr. was a laborer, like many Bahamian men of his generation. He was involved with the original construction of the playhouse. His granddaughter, who still lives in the house at 3738 Oak Street, said that her father, James Poitier, Jr., along with others, built the churches and many houses that still stand today in Coconut Grove, and Coral Gables. The significance of the playhouse in the history of Coconut Grove is unsurpassed. Built in 1927, it had successful seasonal runs for nearly 100 years. The playhouse hosted the most notable theatrical performers and productions over the decades, including the world premiere showing of Tennessee Williams' Sweet Bird of Youth; the US (United States) premiere of Samuel Becketts' Waiting for the City of Miami Page 40 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Dough, and even the taping of the Late Show, starring David Letterman. This historic facility was recognized by the National Register of Historic Places, and the State of Florida indicates that the significant historical elements are intact, and that the facgade is not a severed building. In 2006, the playhouse closed its doors, a victim of poor governance and oversight. Today the Playhouse Foundation stands ready to return the playhouse to its past glory. Chair Russell: Thank you. Mr. Poitier: The foundation consists of a diverse group of local residents, arts patrons, preservationists, and community activists who are committed to restoring the Historic Coconut Grove Playhouse to its past greatness, and putting it back on the national theatrical map. Chair Russell: Thank you, sir. Thank you very much. Mr. Poitier: I have more to go. Chair Russell: I apologize, but we are well past two minutes at this point. Mr. Poitier: Thank you, Commissioner. Chair Russell: Thank you very much. Lisa Remeny: Good afternoon, Commissioners. I'm Lisa Remeny, Miami native, visual artist, and resident of Coconut Grove. I'd like to remind you -- and I probably don't have to -- but the people of the City of Miami voted for restoration, not demolition, 14 years ago. That is what should happen, and this is why you should consider Richard Heisenbottle's plan to restore the playhouse completely; not destroy it. That is the will of the people, and that is what should happen. Thank you very much. Chair Russell: Thank you very much. Hello. Guillermo de la Paz: Hi. Good afternoon. Guillermo de la Paz, Charles Avenue. I support and I encourage the Commission to vote in favor of this plan. It's the only plan and budget that we have in front of us in the last 13 years. In real estate, you need two things to move forward; land and money. They have both. Residential land in Miami -Dade County is gone unless that we move the line on the Everglades. Residential land in Coconut Grove is selling between 90 to $100 a square feet. If we don't get it done this time, we're going to ended [sic] up with 26 condo building in that area. Thank you. Chair Russell: Thank you. Mr. Poitier: Mr. Juan Turros is donating his time to me -- Chair Russell: Thank you. Mr. Poitier: --so that I can finish. Chair Russell: Did he already speak? I'm sorry, I can't hear anybody, so. Mr. Poitier: Pardon me? Chair Russell: The person who's donated their time, are they here? Mr. Poitier: Yeah, he's here. City of Miami Page 41 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Unidentified Speaker: He stepped out for a second. Mr. Poitier: That's his wife. Chair Russell: Okay. He's got it. Thank you very much. Please continue. I apologize. We're just trying to be fair to everyone with time. Mr. Poitier: I understand. Chair Russell: Thank you. Mr. Poitier: The foundation consists of a diverse group of local residents, arts patrons, preservationists, and community activists who are committed to restoring the Historic Coconut Grove Playhouse to its past greatness, and putting it back on the national theatrical map. To that end, Dr. John Nordt, along with Corky Dozier and other concerned citizens contacted me to help in their preservation efforts for the playhouse. I then contacted several influential people, such as Actors Philip Michael Thomas, Bill Cobbs, Robert Duval, and Tony Award-winning Broadway Actor Toni Chisolm, who have generously agreed to support me in the preservation effort. In addition, I contacted Rowena Poitier, who is the Director of Culture for the Bahamas Government, to travel to the US to represent the Bahamian people's interest in preserving this historic Coconut Grove Playhouse. Thank you. Chair Russell: Thank you, sir. Brian May: Mr. Chairman, Brian May. I'm here as a Coconut Grove resident in my own behalf today. I'd just like to say to you that I urge you to support the appeal that's before you. I urge you to please move forward with the plan that's on the table. I don't begrudge any of the comments or input that you received today. I think a lot of valid points were made. I think a lot of the points that were made probably don't have to do with the item that's before you, and can likely be addressed in any programmatic way going forward, within the confines of the plan that's on the table. And most of all, I would say to you that the time is really now to move forward. The playhouse has been shuttered for the last 13 years. And so, you have to ask yourself, "If not this, where does that leave us?" And I think where it leaves us is kind of back to square one, because I don't think -- I think if you don't move forward today and support the appeal, that funding is likely going to dissipate, the time will pass, and a lot of will to move forward and a lot of will to get it done will be missed, and an opportunity will be missed. So I hope today that you will please move forward; that you will support the appeal and allow something to take place at the playhouse, which I think will be meaningful, and I think also have historic significance. So thank you. Chair Russell: Thank you very much. Anthony Vinciguerra: Anthony Vinciguerra, from 3325 Charles Avenue. I live just a little bit over 400 feet from the playhouse, and I know we all care about it. It's going to affect us right next to the playhouse immediately. But something -- as a resident of the West Grove for the last 15 years, watching the loss of the historic Bahamian community in the West Grove, the architecture, the culture, the people, has been incredibly sad for me. As a white guy moving to the West Grove, I was very cognizant of where I was moving, and so honored to live in a historic community like that, and it's been incredibly sad to see that loss. So I think the words that have been said about connecting the playhouse to the West Grove and supporting the Bahamian community are incredibly important. But I also understand that the issue you're voting on is really whether or not the County plan respects the historic integrity of the playhouse, and it's clear. The HEP Board says it doesn't; the State of Florida says it doesn't. I know my home, which is a historically -designated house, if I asked to have three quarters of it demolished, City of Miami Page 42 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 (UNINTELLIGIBLE) the City would say, "No way, because it's no longer a historic building." So it's pretty clear. I know that's the issue really being brought on today, so I ask you not to grant the appeal, because it simply is not historic preservation. The HEP Board, for those of us that were here at the meeting, asked the County and Arquitectonica to go back and just come up with another plan that respects the integrity of this historic building, and I don't think that's too much to ask any of us. Thank you so much. Chair Russell: Thank you very much. Elizabeth Ponce: Hi. My name is Elizabeth Ponce, and I'm here to talk about marketing. I went to Boston College, and I find it sad that we're comparing apples and oranges. This is a unique theater, just like this hand, gentlemen; you see, that's unique. This is different. If we assume that there is no market in the future for such a wonderful, fantastic place, where are we, you know? We need romance back. We need gentlemen with suits and ties. We need those days. I believe that you all are an example to the millennials, you know? If we have records back, if we have the Jonas Brothers recreating Miami Vice -- please, please, this is a unique place. I need five votes, gentlemen; five votes, because this is about the truth. And my house burned down to the ground in Princeton, New Jersey, and I am going to speak with power. Me and my daughter have been gypsies for the past 10 years. We landed in this fantastic place called Coconut Grove. You cannot separate the theater from the trees and the birds, and the romance. So, hopefully, you'll see that this is our one and only theater; that we can market this place in a fantastic way. And I hope and pray today that magic is here. And thank you for your service to Florida -- Chair Russell: Thank you. Well done. Ms. Ponce: --and the United States ofAmerica. Chair Russell: Thank you. No applause, please. Thank you so much. Ms. Ponce: And please -- this is my alma mater, Boston College. Chair Russell: Thank you. Kathy Parks Suarez: Good afternoon. My name is Kathy Suarez, and I live in the South Grove at 4035 Battersea Road. So many great arguments. The West Grove is my favorite place, and it's not been respected. The iconic playhouse has been sitting for far too long. We know the County has money. I've been fair. I've looked at everybody's plans. I don't have a life. This is all I do, is community stuff, and I don't get paid to do it. I've looked at it objectively. I've looked at it up and down and all around, and I wanted the playhouse saved. But save what, for who? I keep hearing about what you're going to do for the West Grove. Nothing's being done for the West Grove. Grand Avenue is the -- it's just demo by neglect. And the playhouse is being demo'd by neglect. What is it we're saving? We know the County has the money. We also know that the State can auction it off, and it's the last piece of dirt left in Coconut Grove to build high-rise with water views. When is it going to stop? When are we going to make decisions, and when are we going to start making good financial decisions that benefit everybody? We're spending money irresponsibly. I'm a businesswoman, and we're not running the City like a business, and it's getting really scary. I hope and pray whatever decision wins -- and I'm in favor of the County at this point, because I know they have the money. And I think a 300 -seat theater is sustainable. But I certainly hope the West Grove has some inclusion in this; I just fear not. Thank you. Chair Russell: Thank you very much. City of Miami Page 43 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Rick Gonzalez: Good afternoon, Mr. Chairman and Commissioners. I have a slight cold, so excuse me, but I'll try to do my best. My name is Rick Gonzalez, and I happen to be an expert in Florida historic preservation. And I also grew up on 17th Avenue, right down the street, so I'm here for many reasons. I'm also on the Florida Historical Commission. I am the architect that reviews all the National Register listings before they go up to Washington, D.C. (District of Columbia). I've been doing that for 10 years as a volunteer. I'm an architect 30 years, with REG Architects, in West Palm Beach, Florida, my headquarters. I'm also the past President of the Florida Trust for Historic Preservation. We had our conference here five years ago in the City of Miami; one of the best conferences that we had. Thank you for that opportunity back then. And I also have two blogs with over 1,500 followers on issues that affect Florida historic preservation and Florida historic places, like the Coconut Grove Playhouse. The HEP Board of the City of Miami did their job on March of 2019. Competent and substantial evidence was presented at that hearing. Arguments were made from both sides. That board did not say that they wanted to demolish this building and keep the southern facade and the eastern facade. They said, "We want to save and re -salvage, and reuse this wonderful historic building." The (UNINTELLIGIBLE) with whom I work with, Mr. Tim Parsons, sent a letter -- an email -- in 2017 November -- I have copies -- and also, an email this past couple of months where seven of the 10 standards of the Secretary of the Exterior [sic] were violated by this proposal that the County is putting forward to you today. You're at a crossroads. You can either be known as the people that decided to save this beautiful building so that when it does have a hundred years of history behind it -- and I can visualize that celebration. I'd love to come down to it -- people can say, "This Commission saved that building." I urge you to save this building. And I'm here to answer any questions if you need me to. Chair Russell: And just to clary -- tell me your name again; I'm sorry. Mr. Gonzalez: Rick Gonzalez. Chair Russell: Rick Gonzalez. You are currently with the Florida Department of State, or you were with the Department of State? Mr. Gonzalez: I am -- I have my own firm in West Palm Beach, and then I volunteer as a Historic Commissioner on the Florida Historical Commission. And I'm also the architect on the National Review Board. We review all the applications. Chair Russell: Got it. You review the applications as the State recommends to the National Register? Mr. Gonzalez: Correct. We have to -- before they go up to Washington, Tallahassee has to do a review of each building that comes from the State of Florida. Chair Russell: Thank you. If you don't mind sticking around, there may be -- Mr. Gonzalez: I will. Chair Russell: --some questions for you. Thank you very much. Mr. Gonzalez: Yes, Iwill. Thankyou. Chair Russell: Are there no further speakers left? What are you looking for? Could I get some help from IT (Information Technology), please? There's a PowerPoint presentation. Is it on this computer that's at this lectern? Lewis "Mike" Eidson: I don't know. I -- the computer IT guy left and said there City of Miami Page 44 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 was nobody here, but I can go without it. Chair Russell: Two minutes? Mr. Eidson: Yeah. Well, I've got (INAUDIBLE) -- Chair Russell: I just need to make sure the Clerk has your name, whoever is donating their time, and that they haven't already spoke and don't intend to, and just want to quantify it now so I don't interrupt you. How many people are we talking about here? One? Unidentified Speaker: (INAUDIBLE.) Chair Russell: If you'd just approach the Clerk, please, and so I know how many there are. So we're looking at two people donating their time, which totals six minutes, including yours. Mr. Eidson: Good afternoon. My name is Mike Eidson, and I'm an attorney in Coral Gables at Colson Hicks and Eidson. I live at 501, Apartment 501, Park Grove Condominium, about three blocks from here. And I've been living in this area for about 45 years, and I'm very proud to call Miami my home. And I -- about 25 years ago, I got involved in arts administration, and I have been working in that ever since as a -- you know -- a vocation. I -- it's what I like to do. I love working with artists. I like giving back to the community that's been so good to me. I have been fortunate to be very successful here, and I have founded an organization called the Coconut Grove Playhouse Foundation -- which is what people have been talking about when they say, "the foundation" -- to study whether or not it's feasible to return an important national theater here to Coconut Grove in the Coconut Grove Playhouse. And we've concluded after doing five years of study, including a report that was done by AMS Planning and Research, a national theater, if it's -- you have a 700 -seat theater properly managed, it will be successful. We had somebody up here just a minute ago talking about what it was like at Coconut Grove Playhouse. It wasn't managed right; that's why it went out of business. There are great regional theaters all over the country that do very, very well. We've studied those, and they're in places that have great performing arts centers, like the Arsht Center. I was the Chairman of the Board and the President of the Miami City Ballet for nine years. After that, I served five years as the Chairman of the Adrienne Arsht Center. I've been in an executive position therefor 10 years. I started there practically from the beginning of that. If you recall, people said, "Theater won't work down there. The Arsht Center won't be successful." And I think we're one of the finest performing arts centers in the country today. The ballet is now the fourth largest and most successful ballet company in this country, and among the top 10 in the country. And I talk about that because I've heard so much today about why great theater won't work here; why a great national theater like we've had for decades won't work. And I'm here to tell you that we've studied this from coast to coast. I've been to 15 cities. I've talked to people from the east coast to the west coast to London to study their business plans. And we have got our business plan in the PowerPoint I was going to show you, and we will absolutely be successful if we restart great theater here again. We need to preserve this building. And I want to tell you a minute about the business plan -- about the three parts of what we want to do to Coconut Grove Playhouse; what we would like to do if we had an opportunity. First of all, we're asking for a public/private partnership. We believe that's the way that this should be. It should be run with private sector money invested in it. This is different than the performing arts center. The performing arts center is a roadhouse. This here is a creative space. This is a space for everybody in this community. It's not just for District 2; it's for every single district sitting up here. And it will create jobs and income, and opportunity for children, young people, and adults to come down here and be entertained, and to learn about theater, learn about music, learn about all the arts. City of Miami Page 45 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 We have three buildings involved here. First, we are going to restore -- we suggest restoring the Coconut Grove Playhouse completely and modernizing that, and bringing it back to its 1925 condition. About 20 years ago, there was a building next door to a property I own in Coral Gables called -- it's now Books 'N Books. Most of you probably know that building. That's a 1923 building. That building was scheduled to be demolished. I came in there and saved the building, and built an office building next to it, because I believe in preservation. That's now, I think, one of the most exciting places in Coral Gables, and that's an example of what preservation is all about. That could have been torn down. It wasn't considered important. But we got the original plans and we rebuilt it. We can do that with the Coconut Grove Playhouse. The second is a small theater to the left side of the Coconut Grove Playhouse for Joe Adler. Our plan includes a space for him. We really don't have any argument here about Joe Adler. Joe Adler's a fine director. We have a 200 -seat theater to 225 -seat black box theater right next to the reserve theater for him to use until he retires. On the other side, the most exciting part of this, I think, is the conservatory that we've designed. It's a three-story building. If the first story is -- the first story is for a Bahamian museum, Bahamian/Cuban museum, whatever we decide to do there. We're going to have a diverse board. We suggest a diverse board, representing all of Miami -Dade County. Number two, we would have a museum for the history of Coconut Grove. This is a great community. We've been here for over a hundred years. There's a lot to see, a lot to do. There are tourists that come through here, local people that could use that. The second floor, that was the most exciting. It's six studios; studios that would be used by people for all the arts and for community activities, so it'd bring people down here 365 days a year. The current plan has that theater -- it's active 30 weeks a year, and a lot of those are dark, because they're doing rehearsal. How many people do you think that's going to attract down there by itself? Not many. What we really have is a little theater in the middle of a shopping center. I don't want any commercial activity down there. We don't have any in our plan. Everything is for the arts; it's to bring this community together; it's to include -- and that's why we had people who were talking about the West Grove. Those people have been left out for a hundred years. They've looked at the back of this. We think that we should have programs for everybody in Miami. People should be coming down here, not because this is a great theater in the Grove; because it's a great theater in Miami. We're the only city in the United States -- does not have an important regional theater; the only one. There's 75 around this country. We can afford to have an important regional theater in this country that brings down imported stars. There was some testimony about Coconut Grove's condition before it ran into management problems and went bankrupt. From 1994 to 2004, they had a 1.3 million -dollar surplus. I've got the statistics right here in front of me. (UNINTELLIGIBLE) was their Chairman of the Board compiled. Now, how are we going to pay for these three buildings? Oh, the third floor is classrooms. It's a whole floor of classrooms. This is the --what I would call the liner for the garage. It's this conservatory. This is $42.5 million. Where did we get the figure? We had Skanska International that built the science museum gave us an estimate of the cost of doing -- of preserving history -- this 100 -year-old building we've been hearing about; the small theater, which is typical around the country, with a large theater, and this conservatory, $42.5 million. The City of Miami does not have to put any money into this in order for us to be able to afford this. This is a big city. We're supposed to be looking forward. We're a global city. We're a first-class world- class city. Chair Russell: Mr. Eidson -- Mr. Eidson: We can't afford the $20 million, okay. So where is the 42.5 --? Chair Russell: Yeah. You're -- because the time is up, but I have a feeling -- Mr. Eidson: One more minute. City of Miami Page 46 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: -- everyone here is actually very curious to know -- Mr. Eidson: I've been working on this for five years, okay? Chair Russell: -- where the additional $20 million would come from. Mr. Eidson: I've put $1 million in this last night. I believe in this. I put $2 million in this myself. I've already spent a million dollars. I put another million dollars in it last night. I've got two more million dollars in my pocket. We had 11 million. Some of those people walked away, because this has taken so long. Why has this taken 13 years? It's not because of anything that I did. It's not anything that the people who support this did. But for $42.5 million, we can afford it. We have right now, including the four -- we have the money to do this, and we can raise the rest through a capital campaign. I've raised over a hundred million dollars in the last 25 years in this community. Through the Adrienne Arsht Center, we raise 6 million a year. I've been therefor 10 years; that's 60. Miami City Ballet, nine years; 6 million a year. We have a $20 million budget now. We have 53 dancers. We're traveling now at the Kennedy Center; we went to London; we went to New York; we went to Paris. We can do that with this theater. We can create new theater that goes to Broadway. The La Jolla Theater, a little theater out there in San Diego, about the size of what we want to do here, had six plays on Broadway last year; six plays last year, bringing in money so that they can create and give jobs to people. This will create -- a large theater complex like this should be able to generate $25 million a year in economic activity for this community. It will pay for itself. This is an investment that you can make in the future for our people here. This is a 100 - year decision. This is a magnificent piece of property. This is a once-in-a-lifetime opportunity. Let's go for it. Let's be a great city now and let's be ambitious, and do the right thing. Thank you very much for listening to me. Chair Russell: Thank you. (Applause) Chair Russell: No, no, please, please everybody. Please hold your applause. Thank you very much. Is there anyone else who would like to speak publicly at public comment? Is there anyone else here who would like to speak? Are you going to speak, sir? Bob Kovacevich: Yes, I am. Chair Russell: Okay. And you're going to speak? I'm sorry? Come to the microphone. Mr. Heisenbottle: Yes, of course, I'm going to speak, and Bob's going to speak first here. Chair Russell: Okay. Two minutes apiece. Mr. Heisenbottle: No. Bob, I believe, only needs two minutes. Bob, you could use that microphone if you want. But I've had three people give their time to me, so I have a total of eight minutes, and I may yield some of that to -- first Bobby; first Bob. Chair Russell: You have that on record, Todd, the people who are donating their time to Mr. Heisenbottle? Mr. Hannon: I just need the names. Mr. Heisenbottle: Lourdes Tester, Meghan Pace, and Denise Torros. And if we City of Miami Page 47 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 need (INAUDIBLE). Chair Russell: If you need to, okay. So that's four people, eight minutes; that gives him a total of 10. Mr. Heisenbottle: Let's -- Chair Russell: Were they going to speak? Mr. Heisenbottle: --just say that we've got the rest of this covered, I think. Chair Russell: Okay. But we'll put eight minutes on for now and -- we're just about to lose quorum here. Mr. Heisenbottle: Okay. Bob, you -- do you want --? Mr. Chairman, do you want Bob to go? Chair Russell: Yes, I did, but let me just make sure we've got quorum. They're here. They were just having coffee on the side. Please. Mr. Kovacevich: My name is Bob Kovacevich. I live at 2907 Red Bug Lake Road - - hard to believe -- in Winter Park, Florida. I've been a nonprofit organization consultant since 1978, studying how it works and how it doesn't work. I am the -- I am poised to advance the campaign for the foundation and for the restoration of the playhouse. And what I've handed out to you is my resume, which includes several hundred nonprofit organizations internationally that I have successfully launched major campaigns for, using a best practices formula that the for-profit sector has used for many decades, and that is to -- before they go to market with a new product or service, they develop a prototype. And in the case of this particular project, the prototype is the vision of what the foundation has relative to the playhouse. And back to the for-profit sector, after they've developed a prototype, they identify people who are likely users of that product or service and they give that product to them to use, and they ask them to evaluate it, to asset it, all the right things, the wrong things, all of the nuances associated with the product. They want to make sure that they hit a homerun on the first pitch. They also ask them, "If the product were to be perfect, how much would you pay for the product?" And that's the same process that I applied to the nonprofit sector successfully since 1978. What we find out in the studies that I conduct is: To what degree is the vision compatible with the audience? That's everybody in the community. And to what degree is it fundable? And the second thing that I passed out to you, it's titled, "Example of Multi -Million -Dollar Campaigns. " There at 15 multi -million -dollar campaigns that are listed in this document, and the first one starts with the $120 million campaign that we managed for the Museum of Science and Industry, in Tampa, Florida. It's up and running. It was a small -- relatively small museum in the beginning. It now is the largest museum in the State of Florida. It attracts over 200,000 people to the museum every year. And within this, there's also a significant number of theaters that we manage, helped turn the corner on their vision. And again, I'm ready and poised to help advance the initiative for the foundation. Chair Russell: Thank you very much. Mr. Kovacevich: Thank you. Chair Russell: So that was the -- that was a different time; that was his two minutes. Mr. Heisenbottle has the donated time. Mr. Heisenbottle: Mr. Chairman? City of Miami Page 48 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Yes. Mr. Heisenbottle: The point of Bob is the foundation has already engaged Bob to begin this sort of work; that Bob has a track record -- an amazing track record of fundraising. The point of all that is the City of Miami should never come out of its pocket for $1 to support this theater. This should be done on -- the taxpayers have already given enough. This should be done with private sector money and it's possible, and we got the team built to do it. That aside, Commissioners, Mr. Mayor, my name is Rich Heisenbottle, and I'm President of RJ Heisenbottle Architects, with offices at 2199 Ponce de Leon Boulevard, in Coral Gables, Florida. Many of you know that I've provided expert testimony before this Commission on numerous occasions in the past, and that I served as Commissioner Gort's appointment to your Preservation Board for over 10 years. Today, I again submitted my resume to the Clerk as an expert, and I'd ask the Chair if he would graciously give me a little more time. I think we're okay timewise. As an expert on historic preservation matters, along with my colleague, Rick Gonzalez, who spoke earlier, and Arva Moore -Parks, the renowned historian, both of them spoke earlier, provided clear and competent testimony and evidence to your HEP Board that your HEP Board did not err in denying the County's application for a Certificate of Appropriateness. They did not err, because, beyond the shadow of a doubt, they heard clear and competent testimony -- the same clear and competent testimony that you've heard and that you're hearing now -- that the County's plan does not meet the Secretary of the Interior Standards and Guidelines for the restoration and rehabilitation of historic structures. This testimony is the legal criteria required for all approval of a COA (Certificate of Appropriateness) under Chapter 23 of the City of Miami Code. It's not whether we like 300 -seat theaters or 700 -seat theaters, or whether he's nicer than he is. It always comes down in preservation law to whether or not you meet the Secretary of the Interior Standards. That was the charge of your Preservation Board, and that is your charge today. Commissioners, this is a very special day. Today each of you has the opportunity to change the course of history; to save the Coconut Grove Theater. You have the opportunity to right a wrong that has been perpetuated throughout the City of Miami by well- intentioned, but gravely mistaken representatives of Miami -Dade County and their professional consultants. That wrong, that misrepresentation is that the County plan for the playhouse is somehow a restoration project. Nothing could be further from the truth. That the playhouse remained shuttered for so long, we all know and would probably agree is civically indefensible. In 2004, County residents envisioned the theater's glorious rebirth when we voted for the reconstruction of the Coconut Grove Playhouse to restore its structural integrity, and add to the performance and educational capabilities. But sadly, for its own convenience, perhaps, Miami -Dade County chose to undertake a massive demolition and new construction project; a garage, retail and office development, with an ancillary 300 -seat theater, cloaked in the misrepresentation that this is somehow a historic preservation project. Why the County proceeded in that manner I'm not sure, but when the product was first submitted to the State of Florida for a special category preservation grant and deemed ineligible by the State Historic Preservation Officer, Mr. Spring certainly should have known that he was doing something improper. Tim Parsons, the Director of the Division of Historic Resources of the State of Florida, the Historic Preservation Officer made it abundantly clear. In November 2017, he wrote Mr. Spring and advised that, quote, "This project, as presented in the application and associated attachments, including the architectural drawings, has not conformed to the Secretary of the Interior Standards, and if carried out as proposed, it would not comply with the following standards for rehabilitation," and there's 1, 2, 4, 5, 6, and 10. Heck, that's nearly all of them. Rather than respond to Tim Parsons by revising the plan to conform to the standards, which is what we all normally do -- it happens to me, as well -- the County continued to proceed with the same concept and tried to move heaven and earth to justify that this demo -- this demolition plan. They will tell you that the exceptional architectural, artistic, cultural, and historic importance is gone, and City of Miami Page 49 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 that the -- what was originally -- or of its latest iteration -- 1,130 -seat theater should be torn down and replaced by a new 300 -seat theater. This is the -- excuse the word -- arrogance that has resulted in a second letter from the State of Florida to your Historic Preservation Officer, Warren Adams, on March 1, 2019; a year later. Tim and his staff have to repeat themselves again and restate that the revised plans again fail to meet the Secretary's Standards. And then in a show of continued arrogance, instead of returning to the HEP Board, which is what everyone else in the City of Miami does when they have a problem, we decide we're going to come to the Commission and ask the City Commission for an appeal. We're going to try to override the HEP Board. I think that's certainly very, very unfortunate. The playhouse still possesses the integrity of design, setting and workmanship, and it still has major significance in the City of Miami's historic, cultural, aesthetic, and architectural heritage. By the way, copies of the memo from the State Historic Preservation Office, the highest Preservation Officer in the State of Florida, with an amazing staff of very competent preservation architects and scholars, those memos and those -- and e -letter are in your packet today, and should be considered a permanent record of why this does not meet the standards. The entire Kiehnel and Elliott auditorium is restorable within the guidelines of the US Secretary of the Interior Standards for the rehabilitation of structures, and should be eligible for State and Federal grant funding. So what can this Commission do to make a difference? What can you do to change the course of history? Well, you have three options, but let's talk only about two. You can tell the County to go back to the HEP Board when you have your plans that meet the Secretary of the Interior Standards. I don't personally recommend that. Or, as I do recommend, you can offer a compromise COA that will meet the Secretary of the Interior Standards; allow the County and FIU to proceed with the construction of the new garage and the front liner building; allow the County to proceed to restore the front fagade of the playhouse, in accordance with the Secretary of the Interior Standards, and as directed by your very competent Historic Preservation Officer; allow the County to proceed with construction of a 200 -seat theater for GableStage, who, after all this time, certainly deserves their theater, but that 200 -seat studio theater, the size theater they originally expected to get, should be situated on the property adjacent to the historic theater. You can suggest that the County embrace a public/private partnership with the Playhouse Foundation and the Bahamian surrounding community, and allow them to raise the funds necessary to restore the historic main stage Playhouse Theater as a multicultural Broadway of the south that it deserves to be. In this compromise, everyone in this room gets what they want. The Playhouse Foundation and the Bahamian community have a plan that truly meets the requirements of the Secretary of the Interior Standards and one that restores the playhouse's structural integrity, and adds to its performance and educational capabilities; one that will allow the State of Florida and Federal funding opportunities to go forward; a plan that also embraces all segments of our community, not just one. This is what the public voted for in 2004, when they approved that bond issue. Are you brave enough to change the course of history today, gentlemen, to tell Miami -Dade County what to do? Because in my opinion, that is your charge. Be sure that it meets the Secretary of the Interior Standards. Chair Russell: Thank you. Mr. Heisenbottle: The legacy of the playhouse, the heart and soul of Coconut Grove needs to continue; most certainly, not as a 300 -seat theater with an old facade in the midst of a retail and office development, but as a restored historic theater, continuing in its legacy of theatrical and artistic excellence. Chair Russell: Thank you, Mr. Heisenbottle. Mr. Heisenbottle: Thankyou very much. Chair Russell: Thank you. City of Miami Page 50 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 (Applause) Chair Russell: Please hold your applause. Thank you. Chair Russell: Hello. Carmen Pelaez: Hey, everybody; so much agreement today. I heard a lot of agreement. Commissioner Gort, you asked for a compromise; Playhouse Foundation's got it. Mr. Adler and all his fans get a home for him to make his award -- Carbonell award-winning theater; they get it right away. That's a compromise. The parking garage can happen. The money can be there. We've got literally -- Chair Russell: Did you -- state her name? Ms. Pelaez: -- a fundraiser -- Chair Russell: I'm sorry; I didn't catch your name. Ms. Pelaez: Oh, sorry. Carmen Pelaez. Chair Russell: Thank you very much. Ms. Pelaez: I'm famous in my own head, so sometimes I forget I'm not actually famous. We literally have an expert in raising money; that's raised hundreds of millions of dollars that can do this for us. Today we decide if we are a city of standards, if we respect our laws, or if we're going to be backwater. I hate to put it that way, you guys, but that's what I'm hearing. TCG (Theatre Communications Group) comes next month. Thousands of theater makers come next month. All of my friends have asked me already to take them to the playhouse. For those of you that don't care about theatrical history, you don't think art matters, I got one word for you: azucar. Everybody knows that's Celia Cruz, and everybody knows that's Cuba. Art matters. Luis Santero had his plays at Coconut Grove Playhouse. I told my family's story of exile from that stage, and I took it to New York and Los Angeles, because on my resume, it said, "Coconut Grove Playhouse, " because every important Twentieth Century artist of color and Anglo and Hispanic, and Asian worked there. They did diversity before it was a thing. The Foundation is offering a public/private partnership. Investment equals accountability. Nobody wants free money. I want to hold people accountable. I want to participate. And I'm sorry; if a 300 -seat theater that works half the year is going to bring so much investment and is going to work so well, let's add a few more seats in; that's more restaurants, more gift shops. When I was in that theater, I stayed there, I lived there. It was magical. Buses came in. Restaurants were full. People got to hear theater in their language; they deserve that. Mike Gibson is experienced; Heisenbottle is experienced Your HEP Board is brilliant. I've seen them argue for an hour and a half about a potted plant in front of a house. They have standards as well; they should. Commissioner, everybody should have standards. If we were going to get on a plane right now and the mechanic said, "Well, we got five out of the six checklist things that aren't quite working, but we think it's going to be okay. Let's just take off. Let's just take off. " Commissioner Hardemon: They said it on my last -- Ms. Pelaez: You'll never take off. Commissioner Hardemon: -- plane ride. Ms. Pelaez: Okay. City of Miami Page 51 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: We took off. Ms. Pelaez: You -- Well, I would have gotten off, because my dad was a pilot. If the mechanic doesn't say, "Six out of six; we're ready to go, " I'm not taking off. Why do we have to take off? There's compromise. There's money. There's goodwill. Coconut Grove Playhouse was the most important artistic institution in Miami before the arts got here, before Art Basel and everything, and nobody said Miami could be an artistic city. You guys have the opportunity to say, "We are on a global stage. We are international. We will not go back. " Past is prologue. We can do this, "Porque somos Miami." Chair Russell: Thank you very much. Ms. Pelaez: "Porque somos Cubano, " Bahamian, Haitian, Anglo, Japanese, black, white. And we need a stage for everybody; for GroveStage; for all the brilliant Cuban theater that's happening that every time Igo, it's sold out. And I'm sorry; if you say your theater doesn't sell seats, you're not programming right. We can do this. (Applause) Chair Russell: Thank you. Ms. Pelaez: We can do, Commissioners. Thank you. Thank you for your time. Thank you. We can do this. Commissioner Reyes: Ms. Pelaez, you're a great actress. Ms. Pelaez: No. But you know what? I don't have to act when I'm telling the truth, Commissioner. (Applause) Chair Russell: Thank you very much. Commissioner Reyes: You're a great actress. Ms. Pelaez: Thank you. Chair Russell: Thank you. Hold your applause, please. Thank you. Are there anyone -- is there anyone else here for public comment, before we close public comment on this important item? Going once. Going twice. What will happen at this point -- because I'm going to take two minutes, so I can use the men's room, because it's been a long afternoon of public comment, but I don't want to miss a thing. So the next thing we'll do, the City will set the table for exactly what we are doing here. They basically explain how we got to where we are, and the rules of the road of what our Commission is voting on today. The appellant will then present their case for exactly what they're appealing, what they're trying to achieve through this action, and the elements. They obviously filed a letter, but they're open to make their case today in any way they want. This is a de novo hearing, so they can go back as far as they want and look at this board as the decider from this point forward. So is there no person here left for public comment? I really don't want to shut anybody out who didn't hear me and wants to come back later but won't be able to. All right. We're going to close public comment Thank you all very much for your advocacy. You've been absolutely incredible and civil, which I thank very much. And we're just going to break for four minutes; literally, four minutes --five minutes, and we'll be right back here; five minutes. Thank you. Later... City of Miami Page 52 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Thank you very much. We are back in session and ready to take up our first item, SP. 1, at 4:22 in the afternoon. This is our only item for the evening. This is an appeal for the Historic Environmental Preservation Board decision regarding 3500 Main Highway, the Historic Coconut Grove Playhouse. So Francisco or Warren, if either of you would like to sort of set the rules of the road here, or give us a little background, that would be helpful. Thank you. Francisco Garcia: Certainly, sir. What I would like to do is to first introduce myself,• Francisco Garcia, Planning Director; and my colleague, Warren Adams, the Chief of Preservation Office. And I think it would be appropriate for him to enter into the record the analysis and report that was presented to the HEP Board, perhaps a bit of a history to recap what got us here and how we got here, and then certainly answer any questions you may have. Chair Russell: Thank you. Should be on. Warren Adams (Preservation Officer/Planning): Can you hear me? Chair Russell: Yes. Mr. Adams: Yes. Historic Preservation Officer. Would you like a history, a brief history of how this has come about and how we have ended up this particular --? Chair Russell: In a nutshell, the very basics, especially having to do with what we're going to be dealing with today -- Mr. Adams: Sure. Chair Russell: -- as an appellant board. Mr. Adams: Okay. The property was designated as a historic site in 2005 on the local register. As you've heard, there was some confusion over what was actually designated. The Historic Designation Report says only the south and east facades have historic significance. The Designation Report did not designate the interior of the building. As you heard, it appears that the intention potentially was to designate the entire structure; however, the Designation Report was never amended to reflect that. Move forward to 2017, and that was when the County submitted effectively a concept master plan of what their proposals were for the site, and this application was specifically for partial demolition, partial restoration, and new construction. So the plan actually showed that the auditorium area would be demolished and the front building would be restored and a new auditorium, and a new parking garage would be constructed. This was presented to the Historic Preservation Board, and this was actually approved by the Historic Preservation Board; however, it was approved with conditions. The resolution actually says that the approval was for a partial demolition. However, there were conditions included in there. This approval by the board was ultimately appealed by two residents, and it was brought to the City Commission. The City Commission granted in part and denied in part, and -- Commissioner Hardemon: One second, please. Mr. Chairman -- Mr. Adams: --the -- Commissioner Hardemon: -- can I ask a question? Mr. Adams: -- appeal -- Chair Russell: Yes. Commissioner Hardemon has a question. City of Miami Page 53 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: Are you going to get into any of the minutes that were given to us regarding --? Mr. Adams: I can get into -- I believe some of them were already read into the record— Commissioner Hardemon: Yes. Mr. Adams: -- but I do have the minutes from the designation meeting or the minutes from the -- Chair Russell: The 2005 was the only one where minutes were read, I believe. Mr. Adams: I have some of these minutes here. If you want me to read them into the record -- Commissioner Hardemon: No. I just -- I want to understand how the actual minutes apply to what you're presenting to us. That's all I want to understand. Mr. Adams: The minutes from the 2005 designation meeting? Commissioner Hardemon: Yes. Chair Russell: Yes. Mr. Adams: The minutes from the 2005 designation meeting appear to suggest that the intent of the board was to designate the entire building, rather than just the two fagades that are mentioned in the Designation Report. However, the report was never changed to reflect this. Commissioner Hardemon: Right. Chair Russell: Is it -- Commissioner Hardemon: So -- and the minutes -- Chair Russell: Oh, I'm sorry. Commissioner Hardemon: -- were adopted -- Mr. Adams: Yes. Commissioner Hardemon: -- with the idea that it was the entire building? Mr. Adams: That's what the minutes suggest. Commissioner Hardemon: But the report came out as if it was just the facade? Mr. Adams: Yes. Commissioner Hardemon: Was the report something that was ever adopted as well, or is the report just produced? Mr. Adams: The Designation Report was adopted. Commissioner Hardemon: So the report was adopted after the minutes would have been approved? Mr. Adams: Yes. City of Miami Page 54 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: So those on the board would have had an opportunity to read the actual report and make comments saying, "We intended to adopt the" -- or ` preserve the entirety of the structure; not just the fagade"? Mr. Adams: I was not here, but I would presume that people had a chance to read the report prior to the meeting. Chair Russell: In that same vein, Mr. Adams, what -- is the relevance that -- is the relevance the report and whether the report is amended, or the vote of the board? Because the -- we receive reports, but then we cast our vote as a board, and that's the -- is that the binding decision, or is the report the binding decision? Mr. Adams: Yes. Chair Russell: I thought the report is staffs recommendation -- Mr. Adams: Yes. Chair Russell: -- but the vote of the board is what seals the deal. Mr. Adams: I think that'd be a question for Legal as to what actually carries the weight. Chair Russell: Counsel is conferring with counsel. John Greco (Deputy City Attorney): Your question, Mr. Chair, was whether or not it's the testimony at the hearing or the actual report that's binding? Chair Russell: No. The vote of the board overrule the report, which is the recommendation up to the board, which is the binding decision? Is it the vote of the board or the report that's submitted? Mr. Greco: Well, first of all, I only have three pages of this report, and they're all - - Page 5, Page 36, and I can't tell what the last page is, so it's sort of hard in a vacuum for me to tell exactly what happened, but obviously, if there's clear intent on behalf of the board to modem a report, then that would be the end result, but I can't -- I honestly can't tell that from the three pages that I -- Chair Russell: I've read the entire minutes, and those voting were stating during their vote that they are voting to designate the entire structure; not the interior, but the entire structure. But in the report, you mentioned something that -- the report stated that only the south and east facades were historically significant. Was it architecturally significant or historically significant? Mr. Adams: Architecturally significant. Chair Russell: Right. And I -- because I think many might agree that the rear structure is not as architecturally significant, but the question then comes in, Is it historically significant enough to be designated with the whole?" And it seems as though the intention of the board in 2005 was to designate the entire structure. It doesn't mean you can't demolish an entirely designated structure; you just need to come for a Certificate of Appropriateness. So I don't know how important that fact is at this point. It may be trivial to the fact that they are coming -- they came for a Certificate of Appropriateness to demolish that structure, and then the HEP Board at this time can decide whether that's appropriate or not, correct? Mr. Adams: Yes. Chair Russell: All right. So then that brings us from the 2005 up to their seeking City of Miami Page 55 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 these -- the COA, which then brings us to what? Mr. Adams: The COA was approved by the board with conditions. This was back in 2017. And there was at this point, after this had been done, that I joined the City. So all of this had been done obviously prior to me starting here. And an appeal against the board's approval was submitted by two residents, which was brought to the City Commission. The City Commission granted in part and denied in part the appeal. The Commission made some recommendations, and this was ultimately appealed by the County to the Circuit Court, and I don't know if Legal would like to give some background on that appeal by the County. Mr. Greco: With regard to the appeal, the -- there were two issues -- really, there was actually one core issue, and the Court decided two issues. One was whether or not the two individuals had standing, and the Court found that they did not have standing, because you had to apply the special injury test, and they did not meet the standards for that test. The Court also found that the interior of the playhouse was not designated. So at this point in time, that's the law of the case. I will note that during the proceedings that lead up to that appeal, I read all the transcripts that were in the last few years on this case, and I think there was unanimity in the fact that, on both sides that the interior had not been designated. And I would also point out that under the rules that govern HEP, designations of the interior have to be done in specific detail on the report. Chair Russell: So it would be your recommendation that we not make any ruling or direction to the applicant or to the appellant with regard to the interior? Mr. Greco: Yes. Chair Russell: It's been settled under higher --? Mr. Greco: My recommendation would be that that has -- Chair Russell: Understood. Mr. Greco: -- already been decided by the Courts. Chair Russell: And that has to do with number of seats, saving presidium or elements; all of that's not within our preview at this juncture? Mr. Greco: Correct. Chair Russell: Okay. Commissioner Hardemon: One more second. So with the minutes that refer to the structure, are you saying that "structure" means the exterior walls, including a roof, and not the interior? Or is structure to be taken as the --from the minutes; not from the ruling, but from the minutes as the interior plus all of the exterior walls? Mr. Greco: That's probably, in part, a question for Historic Presentation, because now you're getting into the details of what that statutes means on a historic preservation level, but certainly, in terms of the specific items inside that were the subject of this hearing previously, I would say that those are outside the bounds of what the Commission can do. But in terms of what "interior" means, if it extends to the walls -- or the shell, I guess, is really what we're talking about -- I would (UNINTELLIGIBLE). Mr. Adams: I would argue that the interior and the exterior walls are two separate things. I would argue that you have the four walls, which includes the interior of City of Miami Page 56 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 the building. Commissioner Hardemon: Say that again. Mr. Adams: I would argue that the exterior walls are different from the interior of the building. So you have four exterior walls effectively and a roof, and you have the elements on the interior of the building. Commissioner Hardemon: So are you saying that the four exterior walls and a roof would be a structure? Is that what you're saying? Mr. Adams: Yes, possibly. If you're talking about structural, there may be some interior walls that are structural as well, but in terms of historic preservation, I would say the exterior walls and the roof, yes. Commissioner Hardemon: And what if there are interior pillars that hold up the roof? Mr. Adams: Well, again -- and it was recogni -- or it was stated that, you know, when the original designation was done that the interior had no significance, and that again was -- Commissioner Hardemon: But by "interior, " you're saying stage, chairs, things of that nature, or -- I mean, are you describing what would be something that would essentially hold up a structural component? Mr. Adams: My understanding is that the determination was made that the interior of the building -- everything in there was notprotected. Commissioner Hardemon: Understood. Chair Russell: So -- thank you -- and then -- so we're past a higher court overruling what this body did at that point. Where did we go from there? Mr. Adams: Well, that then puts you back to the Historic Preservation Board's approval, because, effectively, the appeal was negated. In 2018, the building was added to the National Register of Historic Places. The building was added by the Division of Historical Resources. They actually prepared the Designation Report and submitted it for review. So that was then added to the National Register in October 2018. And then not long after that, and as directed by the Preservation Board, the County submitted effectively what were costs to finalize plans. The original plans in 2017 were more of concept; this is what we would like to do. But the application submitted in 2018 was for the finalized plans. Now, the application submitted in 2018 did not include an application for demolition, and the County's premise was that the demolition had been approved in 2017, as was stated in the resolution that was issued in 2017. So the application was for restoration of the front building, construction of a new auditorium, and construction of a parking garage and exterior spaces. Chair Russell: But how can they do construction of an auditorium without demolition? Commissioner Reyes: That's right. Mr. Adams: Well, the County was of the opinion that the demolition was approved in 2017, per the resolution. Chair Russell: Do you have that resolution handy? City of Miami Page 57 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Adams: I do. Chair Russell: I believe it was one of the last two or three conditions of the resolution that states the intention of the HEP Board with regard to coming back and what that means. Could you clam that for us, what the HEP Board --? Mr. Adams: Yeah, and this is what I was actually leading to. So my review was based on the premise that the demolition had been approved as the County had applied for that, which was restoration of the front building, construction of a new auditorium and construction of a parking garage, and that's what we moved ahead with and recommended approval of. The 2017 resolution stated: "The resolution of the Miami Historic and Environmental Preservation Board, approving with conditions an application for a Special Certificate of Appropriateness for the master site plan to include the partial demolition of an existing structure, the reconstruction of a theater, and the new construction of a parking garage with residential units at the individually designated historic site known as the Coconut Grove Playhouse. " And the board were of the opinion that two of the conditions that they have imposed at this time did not actually approve the demolition. And the two conditions that -- and they refer to were Condition Number 11: `No demolition permit will be issued until the plan comes back to the HEP and is approved; and Condition Number 12: "The concept that is being approved in this plan is in concept only. The HEP has the preview to require different configurations, heights, setbacks, et cetera, for the development of each individual" (UNINTELLIGIBLE). Chair Russell: Could you read Condition 13 as well, please? That seems to be relevant. Mr. Adams: Condition 13 is: `All the buildings will come collectively in one application to the HEP. " Chair Russell: So meaning, it seems their direction is that on -- when -- I know it's not traditionally done this way, to come twice for an item. It was sort of a sneak peek where they test the waters, and then they came back, but they were directed to come back with regard to all buildings collectively? Mr. Adams: Yes. Chair Russell: And their subsequent application did refer to the new auditorium as well, correct? Mr. Adams: Yes. Chair Russell: So they were addressing all of the structures on the site, what they intended to do? Mr. Adams: The recent application, yes. Chair Russell: Got it. And that's what was denied by the HEP Board? Mr. Adams: That's what was denied. Chair Russell: And that's what they're here to appeal? Mr. Adams: That's -- the argument being, was the demolition effectively approved in 2017, or was it still open for the HEP to actually come back and effectively deny the application, because it did not meet the -- -- in their opinion, it did not meet the Secretary of the Interior Standards? City of Miami Page 58 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Thank you. And that brings us to today, where now I will hand it over to the appellant to present their case. Commissioner Reyes: Can I ask a question? Chair Russell: Of course. I apologize. Commissioner Reyes: Sure. Chair Russell: Is there anyone who'd like -- before --? And after they present, we will definitely go into discussion, ask questions of our staff -- Commissioner Reyes: That's right. But just -- Chair Russell: -- anyone we want. Commissioner Reyes: -- want to -- I want to clarify, because I've been hearing that the history of the auditor -- of the theater and the auditorium, and all that, but I don't know if I'm correct or not. Had that auditorium been -- it's the original one from the -- since it was built, or it was remodeled and rebuilt during the later years? Mr. Adams: The auditorium has been remodeled from its original (UNINTELLIGIBLE). Commissioner Reyes: So it's not the original historic one, right? Chair Russell: No, the interior. Mr. Adams: The interior. Commissioner Reyes: The interior. The interior hasn't -- is not -- has not -- is not the original? Mr. Adams: There are elements from the various periods, but it was all (UNINTELLIGIBLE). Commissioner Reyes: But it is not precisely the same that it was built before? Mr. Adams: No. Chair Russell: No. Commissioner Reyes: It has gone through renovation and addition and subtraction; whatever it is? Mr. Adams: Yes. Commissioner Reyes: Okay, okay. I just wanted to make sure that it's not the original building. Chair Russell: But the exterior of the -- Commissioner Reyes: The exterior, yes. Chair Russell: -- was not altered. Commissioner Reyes: Exactly. City of Miami Page 59 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Adams: The exterior, there have been some additions added over time. Commissioner Reyes: That's right. Mr. Adams: But the original theater, effectively, is still there within the -- Commissioner Reyes: I just want to clarify in my mind that that is not the original building. Chair Russell: No. It is the original building -- Commissioner Reyes: No, no. The auditorium -- Chair Russell: -- but the interior has been changed many times. Commissioner Reyes: The interior has been changed many times. Chair Russell: And we're not dealing with the interior here at all today is basically what I understand from our City Attorney. Commissioner Reyes: But -- Chair Russell: That is off limits to us because of the (UNINTELLIGIBLE). Commissioner Reyes: You mean the interior or the auditorium? The auditorium -- Chair Russell: The interior of the auditorium. The interior of the entire structure is not for us to direct or decide, or grant or deny. We are simply -- Commissioner Reyes: But if we don't demolish the interior of the auditorium, how are you going to build a new one? Chair Russell: You could -- well, theoretically -- Commissioner Reyes: I mean, that is -- Chair Russell: -- what we're talking about is the exterior -- Commissioner Reyes: -- a question. Chair Russell: -- structure and whether (UNINTELLIGIBLE). Commissioner Reyes: The exterior structure that -- what -- from what I have gathered is going to be preserved, the fagade and all of that. The exterior is going to be preserved. That's what is proposed, right? Chair Russell: No. Commissioner Reyes: And -- well, then I'm confused, because that's what heard. Chair Russell: The exterior structure of the theater will also be demolished in the County plan. The entire building will come down -- Commissioner Reyes: The whole building will come down? Chair Russell: -- of the theater. Commissioner Reyes: Okay. City of Miami Page 60 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: The front lobby building, which is attached, but you could see it as a separate -- Commissioner Reyes: Okay. Chair Russell: -- there is a joining there. Commissioner Reyes: Okay. Now let me hear what you're going to do, and what are you going to demolish, and what you're going to keep. Dennis Kerbel: Yes. Commissioner Hardemon: But before you get into your demolition plan, I want to - - I don't know if this is -- if I missed the Jennings disclosure period, but I'd like to disclose that I've met with various parties regarding this issue, so I -- which include the presenters; Mr. Springs, our County Mayor, our City Mayor, et cetera. So we've talked about this issue significantly, so I want to make sure I put that on the record so that it's very clear that we've heard from other individuals and individuals regarding this matter. Chair Russell: Commissioner Gort had a comment or question. Vice Chair Gort: The -- when you addressing the minutes, are you talking about the minutes of the meeting that tookplace on December 14, 2017? Mr. Adams: Sorry? Vice Chair Gort: When you addressed the minutes -- Mr. Adams: Right. Vice Chair Gort. -- because we had another appeal in 2000 -- December 14, 2017. Mr. Adams: That was the appeal which I think we discussed. Vice Chair Gort. Right. Mr. Adams: It was appealed by two (UNINTELLIGIBLE). Vice Chair Gort. (UNINTELLIGIBLE) -- is this whatyou're addressing? Mr. Adams: That is my -- Chair Russell: No. Vice Chair Gort: This -- No? Okay. Chair Russell: We addressed the minutes of the 2005 designation. Vice Chair Gort: Well, I'll ask the questions later (UNINTELLIGIBLE). Chair Russell: Okay. All right. Any other questions for Warren -- Mr. Adams -- before we proceed with the appellant? Good afternoon. Mr. Kerbel: Good afternoon, Mr. Chair, Commissioners. Dennis Kerbel, Assistant County Attorney, with offices at 111 Northwest 1st Street. I am proud to represent Miami -Dade County on this great project. Before I get into my comments, I do want to address a couple of the preliminary matters that it seems the board was interested in, just so that we're all clear about what we're talking about here. City of Miami Page 61 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 First, Mr. Adams had mentioned what we applied for in this application. I just wanted to point out that in our application form, we did check off "demolition, " but he's correct that our contention is that it was previously approved. I'll get into that later. The other thing I wanted to point out is the proposal is to completely restore the iconic front building, to demolish -- and to demolish the rear -- what had been the auditorium building, so I wanted to make sure that everybody was clear about that. And I asked for the transcript and the minutes of the 2005 designation. We agree and have proceeded under the conclusion that the entire site was designated historic. We --our rate of it --and I think counsel confirmed this --only the iconic front building was declared architecturally significant. There was no architectural significance to the rear building; our plans have proceeded accordingly, and as has been confirmed, the interior was not preserved in that report. And so, our view is, with all due respect to former member Parrish, that transcript did not mean what he thought it meant, and we are not contending that the entire site is not designated. We agree that the whole thing was designated, but we think that our plans are consistent with the designation. So we are here to ask you to correct the manifest error of the Historic and Environmental Presentation Board when it rejected the County's plan to restore the Coconut Grove Playhouse. I'm joined by several others, who I will introduce in a moment, but first, County Mayor Carlos Gimenez would like to address you and provide a few remarks. Chair Russell: Thank you. Good afternoon, Mayor. Mayor Carlos Gimenez: Thankyou very much. Carlos Gimenez, Mayor ofMiami- Dade County, 111 Northwest 1st Street, Miami. That's my business address. However, I've been a resident of Coconut Grove for 26 years, so I'm pretty familiar with what goes on in the Grove. I want to thank you for scheduling this special meeting to focus on the Coconut Grove Playhouse. I want you to know that I spoke with Congressman [sic] Frederica Wilson on Monday of this week. We agreed to work together to creatively address her ideas for a Bahamian Cultural Center in Coconut Grove. However, today, there is only one issue before you today. I'm here to request that you grant our appeal and overturn the Historic and Environmental Presentation Board's decision, denying us, Miami -Dade County, the ability to move forward with our project to restore the Coconut Grove Playhouse. And if anybody knows my history, especially here in Miami -- in the City of Miami, they know that I love history. And actually, during my time as City Manager, we were able to save historical structures in the City of Miami; move them to parks when they were scheduled for demolition. And there's really no greater example of my love of history and history of this City than this chamber that we're in today. If you go outside, there is a plaque that talks about the restoration of this chamber; my name's on it. I was the City Manager when this project started. We restored this great chamber to get back the historical aspects of what this used to be. This used to be the PanAm Flight Center. This is where you bought your tickets, et cetera. There used to be a globe that sat right there. We didn't restore that. We didn't restore that because if we had, it would have destroyed the functionality of this chamber, because it has a new purpose now, which is to be a -- the City Hall. Ifyou look up there, there's a blue line, and then above thatyou'll see like a gray -- blue/gray, pink. Actually, that was a walkway. That was open. We didn't restore that either. On top -- the windows that you see up there, I was the guy that discovered them. They were hidden behind drywall. And this dais that you see here was all Formica. So the original also did not have, I don't believe, this wall back here. And so, the reason I'm saying is that, yeah, I love history. I also love functionality. And the facts of the matter is that we're trying to restore what's architecturally significant for this playhouse, but the playhouse itself -- the auditorium, the inside, which we already have heard is not significantly -- is not historically significant, does not work. The shell will not work for a new theater, but that's why we've come forward with our plan. There's only one plan for the Coconut Grove Playhouse. People may come and say, "We have this plan. We have that plan. We have this other plan. I've got this great thing. I've got all City of Miami Page 62 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 these" -- I have all these estimates of how much it's going to cost, " and that would have been a great -- it was really great speech, and it would have moved me, had I not heard it for four years about how they were going to raise money and how -- you know, "Don't worry; we'll raise the money, and we'll get a 700 -seat theater, and we can do all these things. " Well, this Commission, back in December of 2017, gave that gentleman 90 days to raise $20 million. How much did he raise? Zero. That same gentleman came tome about four years ago, having the same plan -- By the way, he was going to tear down the playhouse. He was going to build a new 700 -seat theater and a 300 -seat theater. It wasn't anything about restoring the playhouse; it was just a 700 -seat theater. This was what the aim has been all along. And so, in the interest of compromise, I said, "Sure. You know, I have no problem in building a bigger theater. We only have the money to build a 300 -seat theater in this plan. This plan, we can actually accomplish, and we need to reactivate the theater in Coconut Grove. But if you're able to raise a couple million dollars, we will pursue side-by-side planning and drawings and architecturals, which gives you time to raise the money to bring the bigger project in. " You want to guess how much money was raised? Okay. Do I have to say it? Nothing. Nothing was raised. And so, I've been listening to this for four years; promises after promises after promises that, somehow, we have this great plan that they can come and bring to fruition. There's an old saying, "Fool me once, shame on you. Fool me twice, shame on me. " I've heard this story before, when the Arsht Center was being built. The original estimate for the Arsht Center was supposed to be about $200 million. The private sector was supposed to raise a lot of money. And it wasn't supposed to be on us, the public, to bear the brunt of the Arsht Center. It ended up costing $500 million. Now, as Commissioner, I voted for the increased funding. Why? Because it was half -way built. And so, they had us. And I also think that the Arsht Center is a great thing for this community, so I would have voted for it anyway, and I did vote for it; and I was a champion of that, and I got criticized for it, for making that vote. In this occasion, I will not go that far. We have $23 million; 15 million was voted on by the people of Miami -Dade County in 2004; 15. Five million is actually CDT (Convention Development Tax) money that we put away, and we have about 2 million that came from a foundation grant, and then we have also income from the parking that's happening there. There's about $23 million. The County and FIU are the only ones, the only ones, with a 99 year lease for this property. We're the only ones with more than the 23 million required to accomplish this project; the only one with money on the table, willing to spend it. And this is the only plan that has an adopted and valuable business plan to operate the playhouse that requires no government subsidy, no government subsidy. Every other cultural institution that we have around here requires government subsidy. I think the Arsht Center requires about 6 million, 7, $8 million a year. Our own Cultural Center down in South Grove -- South Dade, how much? $3 million a year. And so, these are not, you know, cheap things to run. These cultural centers actually -- and cultural facilities actually cost money, but you know what? I believe in it. I believe in them. I think they're vital to our community. They're vital to our quality of life, and it's worth the investment. We have developed a beautiful project that accomplishes all of these -- all of the goals that we established for the playhouse. It restores the entire 1927 front building, it celebrates the playhouse historic architecture, and it brings back the historically significant use to the site of great theater. You can take a look at the picture here. I don't know if you guys can see it -- the Commission can see it. On the left is what the playhouse looks like today. As you can see, what we're going to do, we're going to restore it back to its 1927 -- not only look, but color. That's actually the original color back in 1927. That is the architecturally significant portion of the playhouse. That is what we identify as the playhouse. Make no mistake; this is a historic preservation project. The City's Historic Preservation staff -- the City's, your staff, as well as the County's -- have analyzed the project and find it complies with historic preservation principles. In addition, our project also revitalizes the important gateway, the downtown Coconut Grove, and addresses the long-standing needs of the businesses in the Grove. This place has been shut down for 15 years? I think it's been shut City of Miami Page 63 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 down almost as long as I was a Commissioner, back in 2004. And so, we received, you know, important input from many stakeholders, and used these suggestions to make our project better. Our door was always open. Our door was always open. We had countless meetings with people that wanted something different. We always listened to them. But at the end, you got to put your money where your mouth is. And you know what? Not one cent came. Now, the project connects to and welcomes the West Grove and protects the integrity of the adjacent residential neighborhood. On these "before" and "after" pictures, you can see what residents of the West Grove see today and how our project will transform these views. So on top, you can see this is Images 2 and 3. These are from Williams and from Charles Avenue. This is what it looks like today. And what we're talking about is that white building on top. That's where the auditorium is right now; which, by the way, is not the original, because it's been added to. There's added elements to that that were not part of the 1927 auditorium; they had to. They had to change it, because it was originally built as a silent movie theater and then converted to something else and then converted to something else, and then converted to something else. On the bottom, that's the view that our residents will see. It is designed with plazas, landscaping, and paseos to be a seamless part of the village ambiance in the Grove. There's another image coming up; it shows you the village, and it shows you what it will look like; much better than what we have today. And for all these reasons -- You know, there is massive, popular support for this project. There have been very -- some very, very vocal opponents of our project, but I don't believe that they represent what the majority of residents in the Grove want. And you may have seen, you know, what Ben Dixon, his poll that he -- I guess he voiced it before; I wasn't here, but I understand that he put it before you. And by the way, that was not in way, shape, or form endorsed or paid for by -- or commissioned by Miami - Dade County. Maybe some people think it was, but it wasn't. We had nothing to do with that poll. In the survey of likely voters in District 2, conducted in April, 78 percent said they supported the County's project to redevelop the Coconut Grove Playhouse. That's 78 percent. The County/FIU Plan has been endorsed by the Coconut Grove Business Improvement District, the Coconut Grove Village Council, and the Dade Heritage Trust Board of Directors. The Knight Foundation has awarded the County $2 million for this specific project. Your own regulatory boards, including your Urban Development Review Board and the Planning, the Zoning and Appeals Board, have approved this project. We've been trying to get this project approved for more than two years, and we faced a number of roadblocks, none of which were of our making. It's roadblock after roadblock after roadblock, but we have persisted, because it's the right thing to do, and we want to see this project get done in this community. Today, it's the last opportunity that we have to make this a reality. We're not here to be further delayed. We're not compromised, or have any new conditions placed on the project. We've been at this for along, longtime. And every time we say, "yes," another hurdle gets put in our way. And I'm sorry; again, fool me once, shame on you. Fool me twice, shame on me. Over the past two years, we have listened hard, and we have made changes to make the project better. We are ready to go; make no mistake about it. If this project does not move forward today just as proposed, your -- the $23 million that we have are in jeopardy. We're also -- the lease that we have is in jeopardy too, because we have certain timetables that the State has placed before us to get something done here and move forward. And it's not just something done; something great done here. You know, I did commit to you that if you approved our appeal, we will submit our completed architectural drawings to your Building Department for a permit and bid the project for construction as quickly as possible. Choice is simple: Approve our project or nothing happens. Believe me, nothing will happen to this playhouse for years and years and years to come. It's no exaggeration. As suggested, the State will sell the property to the highest bidder. And your next decision, years from now, will be framed by a building demolished by neglect and the developer ready to replace it with the highest and best use. You can bet that it will not be a theater. You know, approve our project. Please approve our project, and history is celebrated, theater is returned to the Grove for City of Miami Page 64 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 our families and kids, and businesses in the Grove will benefit and thrive. Thank you very much. (Applause) Chair Russell: Please, hold your applause. Thank you, Mr. Mayor. Mr. Kerbel: Thank you again, Commissioners, for the opportunity to bring this appeal to you. Now I'm going to explain the legal basis of our appeal, and then I'll turn it over to Jorge Hernandez, who is our Historic Preservation Architect, who will present the plans for the project. Mr. Hernandez will show that the County's plan not only meets the standards of your Code for a Certificate of Appropriateness, but also that the County's plan is the right one from the perspectives of historic preservation and community involvement. And for all the talk that we've had today, the plan is entirely consistent with a $50 million -- $15 million bond referendum that the voters approved back in 2004. That is also, of course, not one of the factors that is properly before you today under the Certificate of Appropriateness standards. Michael Spring, the Director of Cultural Affairs; Sarah Cote, the County's Historic Preservation Chief,• and representatives from FIU, the Miami Parking Authority, and Arquitectonica are also on hand today to answer any questions. As your attorney had previously mentioned, your charge today is really a narrow one. This is not a zoning hearing. This is not a decision to approve a lease. This is not a procurement decision. We have heard the concerns from Congresswoman Frederica Wilson and others regarding creative tourism, community and economic development, workforce opportunities, education, training, and entrepreneurship, and the desire to commemorate the Bahamian community. These are all worthy goals. The Mayor -- you've heard the Mayor commit to working on programmatic matters to address, in particular, the Representative's concerns, but this very narrow historic preservation hearing is not the appropriate forum within which to address those issues. And we understand why many people want to make this proceeding about more than it is. This is an important project in so many ways. And people have nostalgia for the playhouse. We have acknowledged that, we have accepted it, and we have, as the Mayor mentioned, incorporated that community input in formulating our plans. But again, the only question that is legally before you is, "Does the County's plan to restore the Coconut Grove Playhouse meet the specific standards for a special Certificate of Appropriateness under your historic preservation ordinance?" When reviewed under the applicable standards, and only the applicable standards, free from non - historic preservation considerations that others have attempted to insert into this proceeding, there's no question that it meets those standards. This is a great project that restores great dramatic theater to Coconut Grove in a new facility that is sensitive to the West Grove and the surrounding properties that fully restores the architecturally significant front building, and that honors the historic use of this site as a working theater. The Court has already decided that it violates the law to use this proceeding, the Certificate of Appropriateness process, to try to regulate the interior of the building, and as we have previously discussed, that is beyond the scope of what had previously been designated. So to expand the hearing now to consider these additional issues that have been raised would also be even more contrary to the legal standard that you're charged with enforcing. And as the Mayor noted, there is no other plan. This board does not have a choice among alternatives. It is, quite frankly, outrageous that in the middle of a quasi-judicial hearing, someone else, who has no legal right to the property, has taken it upon himself to submit additional alternative plans for this board to consider. There is no other plan. No other plan has received preliminary approval from the HEP Board to demolish the auditorium building. No other plan has been reviewed and approved by the City's Coordinated Review Committee. No other plan has been reviewed and approved by the City's Urban Design Review Board. No other plan has been reviewed and approved by the Planning, Zoning and Appeals Board. No other plan has $23 million in the bank; not pledges, but cash. No other plan is City of Miami Page 65 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 supported by the Coconut Grove Business Improvement District and the business owners. No other plan is supported by the Dade Heritage Trust. No other plan has received the endorsement and funding from the Knight Foundation. And finally, no other plan has the professional recommendation of both the City Historic Preservation staff and the County Historic Preservation staff. We also had heard -- not in this proceeding, but earlier in the week, in the news reports -- suggestions about bifurcating the parking garage from the theater, and we just want to remind you, consistent with the condition that Mr. Adams read, this is a packaged deal. What is before you is a theater, plus the garage, and they're not severable. The County and FIU's lease with the State is to develop a theater, and the parking garage is only a supporting element. So we are here today because the HEP Board denied the County a final Certificate of Appropriateness to complete the very project that the HEP Board gave preliminary approval to nearly two years ago. In April 2017, the HEP Board approved the County's plan to restore the playhouse, and that resolution, as Mr. Adams had noted, expressly approved an application to include the partial demolition of an existing structure, the reconstruction of a theater, and new construction of a parking garage at this location. So while that approval had the condition that we return to the HEP Board with final design plans, in our view, the HEP Board already decided that demolition of the auditorium building was appropriate. The only question was, "What was it going to look like when we were finished?" The approved plan did call for the complete restoration of the iconic front building, but it also very clearly included demolishing the auditorium, and it's important to repeat that. So that's what we did. In March 2019, we went back to the HEP Board for final approval. The purpose of that HEP Board hearing should have been to review the finer points of the County's detailed plans, which were premised on that prior approval to demolish the auditorium building and replace it with a new theater. And we know our final plans contain no more demolition than what in the master plan that the HEP Board approved in 2017. But rather than actually consider the historic preservation merits of our detailed plans, the HEP Board did an about face and, instead, demanded that the County preserve the auditorium building. Our appeal letters lays this out in more detail, why it was legally improper, but I'll give you the highlights, and there are four main reasons. First, the HEP Board engaged in improper reconsideration of that April 2017 permission to demolish the building. The HEP Board's own Rules of Procedure provide that a decision granting a Certificate of Appropriateness cannot be considered where, as here, the applicants expended considerable money in detrimental reliance upon the prior approval, or if reconsideration would violate the applicant's due process rights. Both things have happened here. Over the last two years, we have spent over a million dollars of public funds to develop the final plans and to obtain all the required City approvals in reliance on the HEP Board's prior permission, which included replacing the auditorium building with a new state-of-the-art Twenty -First Century dramatic theater. And at this point, for the record, I'd like to introduce, and for your perusal, a brief spread sheet that shows the $1.1 million of expenditures that the County has incurred since the 2017 approval. As previously mentioned, these plans have been through multiple public hearings through the City's land use process. And so, therefore, the HEP Board's own rules prohibited it from revisiting that 2017 approval to now require the preservation of that auditorium building in its entirety. Second, the HEP Board improperly attempted to regulate the interior. That's the only reason to talk about preserving the exterior shell. And now refusing to approve our plan because it does not preserve the existing auditorium building, the HEP Board did indirectly what the Court in the prior appeal said could not be done directly; they required the County to preserve the interior of the auditorium. There's no other reason. This shell has no architectural significance; it's beyond dispute, and Jorge Hernandez explained this ably to the HEP Board in great detail. Only the Kiehnel & Elliott design front building retains architectural significance and integrity, and the County's plan fully restores that front building, that iconic building, to its 1927 glory. By contrast, the auditorium building has no architectural significance. What made it significant was the theatrical use, and City of Miami Page 66 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 there's no justification for mandating that the auditorium building be kept, except as an improper proxy to regulate the interior. But as your counsel noted, the Court held that the interior is beyond the scope of regulation now. And finally -- this can't be repeated enough -- in terms of the historic use of the site, the historically significant use will be restored under the County plan. The County is replacing a theater with a theater. Third, the HEP Board applied the wrong law. The HEP Board should have accepted the expert opinions of both the City and County's Historic Preservation staff that the County's plan meets the Secretary of the Interior Standards. Instead, the HEP Board looked for a contrary opinion; that of the State Division of Historical Resources, DHR. We would note -- and we had gone through more extensive discussions about this below -- DHR does not have jurisdiction in this area. And in any event, DHR applied the wrong legal standards, because its analysis was based on the National Register of Historic Places submission, not the governing 2005 Local Designation Report. The National Register is undoubtedly a great honor; we are blessed with it, but it is not law. And it is legally improper to base your decision on the National Register document, because the National Register is not the governing regulation. Why does it matter? What's the difference? The difference is that the DHR opinion and the National Register document dealt with the interior, which is beyond the scope of the regulations that govern this proceeding. Simply, DHR was wrong, and they made that wrong opinion based on -- not based on the law that actually governs here. I had previously mentioned, but I want to repeat it in this context. You've heard from former HEP Board Member, Andrew Parrish, who appeared at numerous hearings to introduce the transcript of the 2005 hearing, but whatever the transcript includes, there's no question that the final action of the HEP Board was to approve the Designation Report, and there's no question that that report did not preserve the interior. That's what the Court found, that's now the law of the case, and as counsel has instructed -- has advised, that is the law that you are bound to follow. And as Jorge Hernandez explained to the HEP Board, his year-long, methodical and detailed research confirmed that leaving out the interior was the correct result. The interior, long ago, lost whatever historical integrity; not structural integrity. You've heard people say that we're trying to demolish this, because it lacks structural integrity; we're not. What we're saying is that it lacks historical integrity, and Jorge Hernandez' very detailed, methodical research, which we will spare you the details of, unless you really want to hear it, confirmed that. But even on its own terms, DHR's analysis is wrong, as the County's Historic Preservation Chief, Sarah Cote, explained to the HEP Board in the appeal materials that are submitted to you here, as well. Essentially, to comply with DHR's opinion, we would have to reconstruct the original 1927 silent movie house interior design, but that configuration has not existed for 60 years. In other words, DHR would make the County create a Disney World-esque replica, and that may be many things, but it is not historic preservation. So it was improper to deny the application based on DHR's legally and factually wrong analysis, to disregard the recommendations of the City's own professional staff, and to fish around for a contrary opinion. And other than that opinion, there is no competent substantial evidence in the record counter to the County's plan. And finally, the HEP Board violated the County's due process, because as we've spelled out on our appeal letter, the Vice Chair was biased, and the leadership of the Vice Chair tainted the entire proceeding. My colleague and I have been accused of acting improperly for extensively questioning the Vice Chair about the communications she disclosed at the outset of a hearing. My colleagues' questioning was soft-spoken and methodical, and he was at all times respectful. If the exchange seemed uncomfortable, it was because what the Vice Chair had done was improper. She was sitting as a judge, as you all are here today. The law required her to be impartial, to consider our application with an open mind, and to base her decision only on the materials that were presented during the hearing. But what our questioning revealed was that over the life of this application, she had been engaged in a continuous, long-standing, and inappropriate series of communications with objectors outside of the hearing, and her communications were only with the objectors. She was conspiring with the City of Miami Page 67 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 people that opposed this project to find ways to undermine it. She even spent a year communicating with DHR to get their opinion; the opinion that she then, on the eve of our first round at the HEP Board in February before we were deferred, she then asked the HEP Board to request from DHR, knowing full well what was in it. And then she used the letter, which DHR then submitted, as the basis for her motion. There is simply no version of due process that allows the judge to conspire with objectors to torpedo the matter that that judge is deciding. And so, we did not relish the opportunity, but it was our obligation to pursue that due process violation, and make sure that it was clear on the record to preserve the rights that we had to an impartial hearing, because we are here before you like any other applicant. Commissioner Hardemon: So you don't object to any of the communication that we've had with objectors and supporters of your application? Because, you know, we were --just made a Jennings disclosure, so I just want to make sure that I get you on the record effectively saying that you don't object to any of those communications. Mr. Kerbel: Yes, Commissioner, that's a hundred percent correct. We do not object to the fact of the communications. What we objected to was the nature and extent of what we had learned about. And so, yes, that's why we have not made any other objections against any other board member. These were unique and troubling, and it is a manifest error that only this board can now correct. So these are the principal legal reasons why we've taken this appeal. But just as importantly, we want you to see the plans for the project, and to hear from Jorge Hernandez, our Historic Preservation project expert, about the merits of the County's plan to restore the playhouse, and why it's not only consistent with your standards, but it is the right plan for this community. In the interest of time, we would like to incorporate by reference the entire record that we made below at the HEP Board, so as not to have to repeat it here, but we are happy to answer any questions to that level of detail. And with that, I will turn it over to Mr. Hernandez, and the rest of our team will be available for any questions. Chair Russell: Before we go to the actual plans themselves, you raised several things that I'd like to address -- and maybe my colleagues have some questions as well -- with regard to the appeal, and -- let's address those first, I think, before getting into the plan, just to make sure we're all on the same page of what it is that we are deciding. I guess I can start from the last part going back. You had mentioned that the Vice Chair conspired with DHR to torpedo your application; is that correct? Mr. Kerbel: With DHR, but more importantly, with the Heisenbottle Group. We have records reflecting that she had had communications, and particularly with Mr. Gonzdlez, and we had gone into that with detail over the course of the year before the hearing. Chair Russell: And were these communications more than finding of fact and asking questions, or was it trying to influence? Is that the accusation? Mr. Kerbel: Yes. Chair Russell: Which? Mr. Kerbel: It was -- it's the latter. It was trying -- it was her trying to encourage their participation to counter -- to object to our project. Chair Russell: And you -- so you have evidence of Lynn Lewis directly writing to DHR and suggesting to them the way they should opine? City of Miami Page 68 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Kerbel: We have -- what we have is an email from Lynn Lewis. Originally, in her position, she wrote not as a member of the HEP Board, but as a private citizen, asking for their opinion. We introduced this into the record below, but I have a -- my copy of it here. And then we later have -- she has constant communications with DHR about this project. She has then a motion that's made in February of 2019 from -- in front of the HEP Board to ask the HEP Board to solicit an opinion from DHR. It was a blanket motion; one we, of course, had no objection to. We didn't have any objection to the asking of the opinion. But then after the hearing, at a time at which we could no longer opine or object, or comment, we discovered through those -- through a public records request that she had pre -written questions, very loaded questions, that she then submitted to Mr. Adams and asked him to send those questions to DHR, and those are the questions that DHR then answered in their opinion. Chair Russell: Oh, so she did it through the Preservation Officer? Mr. Kerbel: Well, at the last part. The original communications were between her and Mr. -- and Dr. Parsons and numerous people at DHR. I can get the names for you. Chair Russell: Got it. Commissioner Gort. Vice Chair Gort: Let me -- I have to tell you, sometimes -- Lynn Lewis my appointment to that board, she's a very dedicated person. She use -- been in Miami all her life, and she loves this City. Sometimes I might not agree on some of her opinions, but I can tell you, she's a great person, and she does a great work for the City of Miami. Mr. Kerbel: Commissioner Gort -- Vice Chair Gort: So -- and I want to make sure we don't have misunderstanding. Mr. Kerbel: -- this is in no way personal. This is in no way personal. We regretted having to do that, but we needed to make the record for the appeal. Vice Chair Gort: Just like we do here; we receive information from everyone, and we might receive something here, which I don't. I'm welcome to give my phone to anybody, and they can look at it Chair Russell: Try to seek fact. Vice Chair Gort: But we get facts all the time. I mean, now we ask all kinds of questions that we need to ask. Sometimes -- I mean, I have some documents in here that's going to help me, and I had to get it from the City Attorney's -- City Clerk's Office. Chair Russell: So beyond the reputation of a board member, for us, it's important to clear the air, and I want to understand whether or not a board member should have recused them self [sic], and so we can ask a couple questions here. But beyond that, this is a de novo hearing, so in a sense, it becomes a little bit irrelevant, the vote and the vote count at the HEP Board level that brought us here, except for the fact that it became a denial and that you are here, but we are hearing this de novo. So whether or not her vote counted or shouldn't have counted, at this point you are before us, and we can make the decision de novo, of new. Mr. Kerbel: Yes, and we are not disputing that. And Commissioner Gort, to your point, again, it's not the fact of the communication. This was not personal, but the extent -- and I have been practicing in this area, advising the County Commission on matters like this for over 16 years, and the extent of those communications is City of Miami Page 69 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 beyond anything I had ever seen. Chair Russell: It's a pretty strong accusation, so I just want to clarify from our City Attorney or our Preservation staff, whoever was present at those meetings, if they believe or -- I don't know if he should opine on that -- the Vice Chair, should they have recused them -- was there a conflict of interest or a bias --? Denise Galvez Turros: Can I say something? Chair Russell: We al -- Ms. Turros: I'm on the HEP Board; I was there, and I just want to dispute what he's saying, just really quickly. Chair Russell: No. Ms. Turros: She never used any of that information to influence anybody -- Chair Russell: Just a moment. I'm sorry. Ms. Turros: -- (UNINTELLIGIBLE) here to say that. Chair Russell: We haven't entered you into the record, and I don't think it's the right -- Ms. Turros: Okay. Chair Russell: I know you want to defend a fellow board member. Ms. Turros: With your permission. Chair Russell: I understand, but let me ask -- our staff is, I think, the more appropriate way. I apologize. Mr. Adams: The board had requested that I reach out to the State to basically ask how the proposal may affect the National Register's standing of the building. The building was -- the application for the National Register was submitted by the State, and it was approved and added to the National Register. So I feel it's appropriate that if a Historic Preservation board member has questions regarding the National Register standing of a building that those questions are submitted to the State for an answer, and that's why I submitted those questions. Chair Russell: Understood. Thank you. So let's not deal with the Vice Chair (UNINTELLIGIBLE) situation, because I don't think -- at the end of the day, I think it's important to have aired this, but we're not getting into the specifics of what those correspondences were. I'd like to move on. Mr. Kerbel: I want to make just one final point about this, and it goes to Commissioner Gort's concern. The other reason is, it's not the fact of the communications; the extent of the communications was only with objectors. That was the other thing. She -- we had offered to take on a site visit. We had offered publicly available information. We were the only people that she sent a note to the City Attorney saying, "This is a quasi-judicial matter. I should not read this outside of the hearing. " So she refused our information, which was a public website, but she felt free to coordinate with objectors, and it was -- the extent of it was the reason why. I agree with you; I don't want to belabor it. It is part of our appeal for preservation of the record. Chair Russell: I feel like it may be one of those things where we're throwing a bit City of Miami Page 70 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 of the kitchen sink -- Vice Chair Gort: Yeah. Chair Russell: -- to try to get it before us, but at the end of the day, I don't believe - - I don't have a finding that she should have recused herself or that she had improper communication through our staff. The next question I have, you said that the County relied on the decision of the HEP Board to spend $1.1 million. In the 2017 decision of the HEP Board -- and I know this is way before -- but I'd like you to read it so that you can tell me why you feel that this implied that you had full rights to demolition and -- so that that didn't need to come up again. I -- Number 11 and Number 12 of the conditions of the HEP Board resolution, could you read those for me? And tell me your interpretation of those as to why you feel that demolition was a done deal. Mr. Kerbel: Well, I'll read them first, and then I'll answer. Chair Russell: Thank you. Mr. Kerbel: Condition 11: "No demolition permit will be issued until the plan comes back to the HEP Board and is approved. " And what was the other one you wanted me to read; Number 12? Chair Russell: 12. Mr. Kerbel: "The concept that is being approved in this plan is in concept only. The HEP Board has the purview to require different configurations, heights, setback, et cetera, for the development of each individual building. " Chair Russell: So doesn't this basically mean that until you come with a final plan and that final plan gets total approval, nothing is truly approved, including the demolition? Mr. Kerbel: Well, in terms of -- I disagree with that in part. We did not have the right to go pull a demolition permit, but because we had a resolution expressly approving the demolition of the structure, we then went and spent considerable public money to develop detailed plans that were premised on the fact that the demolition had been approved in concept. Had the board denied that application and said, "You cannot destroy" -- `you cannot demolish the rear building," we would have reconfigured -- I don't know actually what we would have done at that point, because our business plan with the State called for a 300 -seat theater. Commissioner Hardemon: Mr. Chairman? Chair Russell: Yes, Commissioner. Commissioner Hardemon: Help me understand this. So when I look at the resolution, everything that's in upper case letters, I read it almost like a title, because it kind of gives you the purview of where things are going. I understand it is a complete resolution, because there is not much after that, but the vote. And then -- but the second page is really an explanation, because it's the exhibit for what is included on the first page. Right? Because this says, A resolution of the Miami Historic and Environmental Preservation Board approving with conditions. " And then it says, "attached herein" -- well, "heren" -- I think there's a misspelling of the word -- of "herein. " Mr. Min: Sometimes "all caps" does that. Commissioner Hardemon: So -- yeah. It's hard to read it. "Attached herein as City of Miami Page 71 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Exhibit A. "' Right? And so, when you look to Exhibit A, Exhibit A is the Miami Historic and Environmental Preservation Board Resolution Number HEPB-R-17- 023, Exhibit "A." And so, there is a resolution approving, with conditions, an application for Special Certificate of Appropriateness for the master site to include the partial demolition of an existing structure. You're saying that the existing structure is the theater. Mr. Kerbel: The rear auditorium building. Commissioner Hardemon: Okay. Mr. Kerbel: Correct. Commissioner Hardemon: So what is the partial demolition of it? Is that one wall? Is that two walls? Is that the interior? Mr. Kerbel: Partial -- well, as we've previously discussed, the interior was beyond the point of regulation here. Partial demolition because we are preserving the front -- the iconic front building. We weren't proposing to demolish the entire structure, so -- Commissioner Hardemon: So -- Mr. Kerbel: --that's -- Commissioner Hardemon: -- but then it says, "The reconstruction of a theater. " Is there a difference between the reconstruction of a theater and the construction of a theater? Mr. Kerbel: Well, it required us to put a theater back there, which is what we're doing, and we are reconstructing the front building. Commissioner Hardemon: So by reconstructing the front building, does that mean completely tearing it down and then building a new front building? Or does that mean just putting -- or actually taking the existing front building and improving it? Mr. Kerbel: We --the plans that we had submitted that were approved by the HEP Board -- Commissioner Hardemon: But the plans -- Mr. Kerbel: --called -- Commissioner Hardemon: --weren't approved, right? Mr. Kerbel: Well, the -- I should say the concept. There was a site plan that was attached to this; that was the concept that we had asked them to approve. Commissioner Hardemon: So all that you gave them was a site plan? Mr. Kerbel: Well, it's a -- yes, because the idea that had generated from City staff was rather than come in with a complete application all at once, it was, "Come in with a concept so that the board can see what you're planning on doing in broad strokes before you then go through the detail." The detail is what we're here about today. Commissioner Hardemon: Right. And so, because the detail is what you individually came back to them with? City of Miami Page 72 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Kerbel: Yeah, that's what that Condition 11 required us to go back with. Commissioner Hardemon: And the -- how many structures are there on that parcel? Mr. Kerbel: Let me have the actual architect -- Historic Preservation Architect answer that. Jorge Hernandez: So the -- Can you hear me? Commissioner Hardemon: Yes. Chair Russell: Your name, please? Mr. Hernandez: Yes. Jorge Hernandez, 337 Palermo Avenue. So the first submittal, which we called the `Alaster Plan," was submitted because it is a complex project. Commissioner Hardemon: Well, let me direct you a little bit. How many structures are there on the parcel? Mr. Hernandez: There are --there is one structure which has three separate parts. The nature of these parts are so autonomous that we have given them terms, like the `front building, " the "lobby, " and the "auditorium. " But there is -- Commissioner Hardemon: So -- and that's kind of counter -intuitive to me -- Mr. Hernandez: Wait. Commissioner Hardemon: -- because if someone said a -- Mr. Hernandez: No. Can I finish? Yes. Then there is a commercial structure, which was never part -- it's not in that drawing. There's a commercial part -- structure to the right of the wing building, which was never part of the playhouse during the period of significance. Then there are multiple additions around the back of the auditorium, which Commissioner Reyes referred to, which were not part of the original 1927 Kiehnel & Elliot building. And there was a series of hyphens or connections between some of the original buildings, some of the 1950s buildings, and some of the 1980s buildings that attached everything. So it's a rather -- that's why we submitted the master plan. It's a complex quilt of structures. Commissioner Hardemon: The master plan was submitted in the beginning? Mr. Hernandez: 2017, and it included not just site plans, but it included elevations and perspectives. Commissioner Hardemon: So the part that baffles me is that -- what you described to me are a number of buildings. Mr. Hernandez: Hm-hmm. Chair Russell: Right? Which I would assume a building is a structure. I mean, your statement is that there is one structure, but then you described multiple buildings. So to me, it sounds like there are multiple structures. Mr. Hernandez: There are, except at one point, after the period of significance in the '80s and '90s, all of them were glued together in a haphazard way, and they were all used for the function of Coconut Grove Theater. City of Miami Page 73 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: Of a theater? Mr. Hernandez: Of a theater. Commissioner Hardemon: Right, but that's -- Mr. Hernandez: Yes. Commissioner Hardemon: -- but (UNINTELLIGIBLE) -- Mr. Hernandez: But they're a complexion of different structures from different times -- Commissioner Hardemon: Okay. Mr. Hernandez: -- in addition to those structures, and so on and so forth. Commissioner Hardemon: So when I read this resolution -- I'm just trying to have an understanding of the resolution -- it says, A site plan to include the partial demolition of an existing structure" -- Mr. Hernandez: Hm-hmm. Commissioner Hardemon: -- comma -- "the reconstruction of a theater" -- comma -- "and the new construction of a parking garage with residential units at the individually designated historic site and known as the Coconut Grove Playhouse, located at approximately 3500 Main Highway. " And so, this in no way gives me any direction for what's described; the number of different structures that are there; what structure was granted the partial demolition. I don't know. You know, I'm just reading it from the -- Mr. Hernandez: No, I -- Commissioner Hardemon: -- text. And so, when I turn to Page 2 of it, and I look at what's written here, and it says that -- it says, in clarification of what's on Page I -- I bring my attention -- I bring everyone's attention to Number 11, which is what the Chairman was reading earlier -- "No demolition permit will be issued until the plan comes back to HEP Board and is approved. " Then it says, Number 12, "This concept is being approved, and this plan is in concept only. The concept that is being approved in this plan is in concept only. The HEP Board has the purview to require different configurations, heights, setbacks, et cetera, for the development of each individual building. " And so, you know, it's like, at best -- it's almost as if we're saying, "We agree with you that this site needs to be redeveloped. And so, go out and start the process and then come back. " What I'm -- "Come back to us with a more defined plan. " That's what I'm reading from this resolution. And in fact, where it says -- and what I consider to be the title, which is the front page -- where it says, there's a partial demolition of an existing structure, when it's further clarified, there's -- there is no -- it says explicitly that no demolition permit will be issued until the plan comes back and is approved. Mr. Hernandez: So that submittal, the 2017 submittal, had, along with the text, 16 pages of drawings, and we can share those with you, because a picture is worth a thousand words, and the words and the drawings made it very clear what the proposal was, but Mr. Spring may have something to add to that. One second. Michael Spring: Michael Spring, Miami -Dade County. We actually worked very closely with your Historic Preservation staff in regard to the 2017 meeting, because we knew that before we embarked on designing a project, we wanted to be very clear about the project that we were proposing, so that we would not surprise the City of Miami Page 74 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 HEP Board at the end of this process with a fully designed project with demolition that they had never seen before. So the drawings that we submitted were very explicit about what was going to be demolished, what was going to be restored and saved, and what the project would consist of,• hence, the 16 drawings that were submitted with the submission, as well as our testimony at that HEP Board meeting in 2017. There was no confusion about what we were proposing. We were proposing the demolition of the auditorium, the construction of a new 300 -seat theater, and the full restoration of what we referred to as the "historic front building. " That was what we proposed, that's what the HEP Board reviewed, and that's what the resolution reflected in regard to their action. All that -- There was a concern at the time by the HEP Board, and I believe it was an unfounded concern, but nonetheless, there has been a significant amount of paranoia about this project; that in the middle of the night, the County would apply for a demolition permit, which we assured them -- I assured them on the record that we would not, but that was added as a condition; that we would not apply for a demolition permit until we came back with more detailed drawings so that they could see the details of how we were going to restore that front building, and incorporate elements from the existing theater into the new theater. Commissioner Hardemon: So what part of the partial -- the partial demolition that's explained here, what was your understanding of what the partial demolition was going to be for? Mr. Spring: My understanding of what we put on the record was that we -- Jorge Hernandez explained to the HEP Board at that meeting that the structure that you see there now on the Coconut Grove Playhouse site is a building made up of three components; the front building, the lobby, and the auditorium. We were very clear that we were going to demolish the elements that were characterized as the lobby and the auditorium. The lobby would become that plaza, crescent-shaped plaza between the front building and the new theater, and then the auditorium would be replaced by a newly constructed theater, 300 -seat theater. Commissioner Hardemon: And so, the third -- that third -- you said the lobby, the theater, and -- there was another building. So the third building would be preserved? Mr. Spring: The front building would be preserved and restored to its 1927 state. Commissioner Hardemon: The front building, or is it the front facade? Mr. Spring: Front building. We were very clear about that, and our drawings were clear about that, as well. Commissioner Reyes: Excuse me. Sir? Chair Russell: So I -- I'm sorry. Commissioner Reyes: Yes, sir. Yes. I want to clary. I asked that question a little while ago -- Mr. Spring: Yes, sir. Commissioner Reyes: -- and they -- I was informed that the whole thing was going to be demolished. And now, from what I understand, the -- what is the front building, which is the facade, what I see here, is going to be preserved and restored. Mr. Spring: That's correct. City of Miami Page 75 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Reyes: So the only thing that is going to be demolished is the auditorium, which has been rebuilt time after time? Chair Russell: It's never been rebuilt. Commissioner Reyes: Or have been remodeled. Chair Russell: Added to. Commissioner Reyes: Or added to. Well, it's not the original 1927 auditorium. Mayor Gimenez: If may? IfI may again? Chair Russell: Mr. Mayor. Mayor Gimenez: In -- on your monitors, you're going to see a picture. Commissioner Reyes: Yes, sir. Mayor Gimenez: On the left is the Coconut Grove Playhouse as it is today. On the right is the Coconut Grove Playhouse as it looked in 1927, and it will look once we restore it. So there are elements that we have to construct on the building, because there were elements that were taken away through subsequent, you know, renovations, et cetera. Some of the comments that we hear is that some people took -- you know, you see that, I guess -- I don't know what you call it; I'm not an architect. The thing in the middle. Chair Russell: Fenestration. Mayor Gimenez: The what? Chair Russell: Fenestration. Mayor Gimenez: Whatever. Great. I love it. Chair Russell: I've learned -- Mayor Gimenez: Okay. Right. Chair Russell: -- through this process. Mayor Gimenez: Learned some new --what is that again? Chair Russell: Fenestration. Mayor Gimenez: Fenestration? That's what it is? Commissioner Reyes: (UNINTELLIGIBLE) sound -- Mayor Gimenez: Sounds great; looks even better. So the -- because there was a modernistic time, and so (UNINTELLIGIBLE) "that looks like it's 1920, so let's" -- Commissioner Reyes: Yes. Mayor Gimenez: -- "take it away. " All right? So that's the color. That's how it will be restored. So there are additions that are put back to that building. That is a building that wraps around. That is what I have known all my life as the Coconut Grove Playhouse. It is not -- when you go around the back to look at the theater or the auditorium, there's nothing that I see as architecturally significant. It has got a City of Miami Page 76 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 bunch of add-ons to it that were not even part of the original 1927 structure. And so, what everybody in the world sees as the Coconut Grove Playhouse is that. Commissioner Reyes: Okay. Mayor Gimenez: That will be restored. Commissioner Reyes: Okay. Chair Russell: Thank you. Commissioner Reyes: And I have another question that -- I don't know. I'm trying to get -- I wasn't here when all this happened, you see. Remember that I've been here only for a year, and I know this been going on for four years, and I just want to make -- I mean -- How much? 13 years. I mean, it is -- Jesus Christ. It's been closed -- it's about time that we do something about this, okay? Chair Russell: So I just -- Commissioner Reyes: Hold on a second. Chair Russell: Please. Go ahead. Commissioner Reyes: Yes. From what I heard, you see, the -- you went before the Historic Preservation Board, and the Historic Preservation Board gave you -- it was an understanding. They gave you permission, or they approved on the demolition of the auditorium, right? Mr. Spring: That is our understanding. Commissioner Reyes: Auditorium that I already -- it is clear that it is not the original auditorium, because it has been -- Then there was an appeal, right? Mr. Spring: Correct. Commissioner Reyes: And Francisco, then what happened; the Historic Preservation Board changed, right? The members changed? Mr. Garcia: Two additional steps, Commissioner. The appeal that you were referring to came to this Commission. Commissioner Reyes: Okay. Mr. Garcia: And the decision of the Commission itself was appealed. Commissioner Reyes: And the decision of the Commission was for the demolition of the auditorium? Mr. Garcia: No. Commissioner Reyes: I mean, to continue with the previous -- Mr. Garcia: The Commission -- Commissioner Reyes: -- uphold the previous decision of the Historic Preservation Board? Mr. Garcia: The Commission -- and I am going to summarize briefly, and there can be additional details -- but essentially placed additional requirements on the City of Miami Page 77 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 project. That itself was then appealed, and the Court -- Commissioner Reyes: Could you please define what additional -- those -- did the additional requirement have anything to do with the demolition of the --? Mr. Garcia: I think the City Attorney will be glad to chime in. Mr. Greco: Commissioner, the -- what this Commission did after the original -- the 2017 HEP decision was three things: One, it directed that there be a 600 -seat theater, unless certain amount of money was raised; in which case, it would revert - Commissioner Reyes: Unless either -- 600 if no money was -- I mean, up to an amount of money that have to be raised, right? Mr. Greco: Exactly. Commissioner Reyes: If that wasn't been raise, then -- that money was not raised then it will come -- it could be -- Mr. Greco: To the County's requested 300. Commissioner Reyes: Okay. Mr. Greco: That was number one. Commissioner Reyes: Okay. Mr. Greco: Number two -- Commissioner Reyes: Yes, please continue. Mr. Greco: -- it required that the -- certain interior elements be preserved; the proscenium arches, cherubs, and Solomonic columns. Commissioner Reyes: Okay. Mr. Greco: Number three, it directed that the -- all the buildings be -- the structure be maintained. Commissioner Reyes: The whole building -- Mr. Greco: Yes. Commissioner Reyes: -- including the -- Mr. Greco: Yes. Commissioner Reyes: -- auditorium? Mr. Greco: Yes. Just the structures, the shells. Commissioner Reyes: The structure. Mr. Greco: So on appeal to the Circuit Court, the Circuit Court found that the appellants -- the individuals did not have standing. And so, because they didn't have standing, the appeal couldn't have come to the Commission. Commissioner Reyes: Okay. City of Miami Page 78 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Greco: But the Court also said that the -- in the original report, the interior was not designated, so that that was off limits for remand. Commissioner Reyes: Okay. Now, I'm understanding that up to there. Right? And then, after that, I mean, the Court said that -- I mean, go -- that went back to the original one, right? Mr. Greco: Yes. Commissioner Reyes: And then what happened? It went back to the Historic Preservation Board? Mr. Greco: Correct. Commissioner Reyes: And the Historic Preservation Board has -- the composition of the Historic Preservation Board have changed, as I do understand. That they -- then they found that the demolition of the auditorium wasn't permitted. If the Court had said that it doesn't have any validity, why they are going to do it -- do that? That's something that I don't understand. Mr. Garcia: Right. And I think the simple way to explain it is, as I think was alluded to before by the appellant, is that this process was engaged as a two-step process. First, the County went to the HEP Board in the hopes of obtaining an approval in principle, a Certificate of Appropriateness in principle -- Commissioner Reyes: And they got it, right? Mr. Garcia: -- to approve, essentially, the site plan and the approach, given the complexity of the project, and that ran the route that was just described. And it was always understood from the beginning that they would have to come back for a final approval. Commissioner Reyes: Okay. Mr. Garcia: The HEP Board's denial of the presentation for the final approval is was -- what's before you on appeal today. Commissioner Reyes: Yes, but that denial came after we went to court? Mr. Garcia: That's correct. Commissioner Reyes: I mean, after we went the Court. And the Court said that the original decision was standing, because they didn't have grounds for appeal, right? Mr. Greco: Correct. Commissioner Reyes: So that --for all practical purposes, the second opinion is the one that we are -- is on appeal now? Mr. Greco: Correct. Commissioner Reyes: I mean, the second opinion, that it was based on whatever criteria was used by that board at the time? Mr. Greco: Correct. Commissioner Reyes: Okay. Which is overruling the previous board. For all practical purposes, you are -- the previous board says, "You are allowed to demolish it. " And then they come and they say, "No. " They are overruling the City of Miami Page 79 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 previous board. I mean, that's -- in -- Chair Russell: So -- Commissioner Reyes: -- my hometown in Victoria de las Tunas, that would have been the -- that's the case, you see. If I say something and somebody say something else, you're overruling me. Chair Russell: Right, and that is the contention of the County. Commissioner Reyes: Okay? Chair Russell: But where Commissioner Hardemon was going, I believe, and what I'd like to clarify for liability purposes, basically, I feel that we're under a threat here that -- and the HEP Board was, as well -- `Agree with us, or you may owe us $1.1 million, because we were acting on your directive as a HEP Board to go ahead with the plan. " I believe, and it would be my finding -- I don't know how this board feels -- but Conditions 11 and 12 basically absolve that board of any commitment to the County that they should -- they're basically telling them, "Proceed at your own risk. This has not been completely approved. You must come back to us in full, and no demolition permit will be granted until a total plan is approved. " So at least from a -- this board may -- once we get into the meat of your plan, you know, it may or may dis -- may agree or disagree with where you're going -- Commissioner Reyes: With all due respect -- Chair Russell: -- but I think, at least in my perspective, what the HEP Board's initial look at your plan --you've got --you went forward. You didn't get a total "no, " but there certainly wasn't a total "yes. " They -- when the plan came back to them -- and Commissioner Reyes's point is that was a new board, as well -- Commissioner Reyes: That's right, but -- Chair Russell: -- with new folks, which felt completely against it. Commissioner Reyes: -- what I'm saying -- and I'm not addressing the expenditures, which I think -- I mean, if they incurred those expenditures due to the decision of the first board, I don't know if they took a chance or they were right. That's something for the Courts to decide. But what I'm saying is that this new board -- you see? -- overruled the previous board that had given their blessing for the demolition of -- that is my understanding. And I don't understand what criteria was used. Mr. Kerbel: And Commissioner -- and Commissioner Reyes and Commissioner Russell, if I could respond to both of those issues. In raising this point, we're not saying that the City is on the hook for $1.2 million. What we're saying is, as Commissioner Reyes pointed out, the -- in 2017, the HEP Board said, "You may demolish, "period. Commissioner Reyes: Yes. Chair Russell: No. Mr. Kerbel: They said, "You have to come back with detailed plans so that we see what you're going to put there in its place, " but that approval said, "You may demolish. " We presented 16 pages worth of plans that showed what was going to be demolished, what was no longer going to be there and what was going to be -- City of Miami Page 80 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Got it. Mr. Kerbel: -- retained. And so, while I agree -- Commissioner, we don't challenge the fact -- Mr. Chair, we don't challenge the fact that we had to go back with drawings, and that it was not a complete approval to just go ahead and knock down the building. I don't think it would be fair to characterize that resolution as anything other than the 2017 HEP Board saying, "You may demolish. You have to come back, but you may demolish. " And then the 20 -- and so, that's why the reconsideration rule is very important, because in -- the HEP Board's own rules say, If we've previously granted you permission to do something, we can't retract it once you've relied on it. " And so, we raised the $1.2 million argument to say, "We relied on the fact that the HEP Board had said, `You may demolish. "' Commissioner Hardemon: Mr. Chairman? Chair Russell: It seems to me that you read up to where you wanted to read. "You may demolish, period" is not what it says. It says, "You may demolish, " comma, "if and when we give you total permission to do so; if we approve of the entire project, which we have not yet. " I mean, that seems to be what they're really saying. Mr. Kerbel: Well -- (Applause). Chair Russell: No, no, no, please. This is not -- I'm not trying to grandstand here. I want to be clar -- make a very clarifying point that there wasn't full approval, not even implied approval. It was a step on the road. Mr. Kerbel: Mr. Chair, I think it was more than that, though, because basically, what the HEP Board said was, "You may proceed and spend money in designing a building that replaces that auditorium building. " Chair Russell: Yes. Mr. Kerbel: And if they had not said that, we would not have spent the money to go then, design the plans -- Chair Russell: Understood. Mr. Kerbel: --and what we're presenting for you today. Chair Russell: They didn't say, "No; over our dead bodies. " They said, "We'll consider it, go spend money, come back; we may like it; we may not. " Mr. Kerbel: Well, "We may not like what you replace it, but the fact that you're going to replace it, "I really do think is beyond the scope of what's properly before this board. I -- Chair Russell: Okay. Fair difference of interpretation. Mr. Kerbel: You have your counsel; we have our disputes. Chair Russell: Let's keep moving on to the meat of the actual application. Commissioner Hardemon: Wait, wait, wait. Mr. Kerbel: And at which point -- City of Miami Page 81 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Hardemon: Before we get there, I have a question, because I know we're discussing what's beyond the purview of this board. What is within the purview of this board? Mr. Greco: So the considerations for a Certificate of Appropriateness are, number 1, following the Section 23-6.2 of the City Code, which I will state, is that "The proposed work shall not adversely affect the historic architectural or aesthetic character of the subject structure, or the relationship and congruity between the subject structure and its neighboring structures and surroundings. In addition, decisions relating to alterations or new construction shall be guided which US Secretary of the Interiors, standards for rehabilitation and guidelines for rehabilitating historic buildings." I would also point out that, as we have discussed extensively, there is an interplay between what the conceptual plan that the HEP Board approved in 2017 and the conditions that were placed on that approval, which have been discussed in paragraphs 11 and 12 of the attachment to the HEP resolution. So those are your guidelines, and not the interior. I think we've said that already. Chair Russell: So I would like to get into the -- Well, Commissioner Hardemon, do you have further questions on that? The -- because from my finding, the HEP Board made a legally sound decision on -- it's come to us at this point and, we may or may not agree with them, but I don't find that they acted out of order or in conspiracy, or that they shouldn't have been able to make the ruling the way they did. I find the HEP Board's decision to have been a legally sound decision. Now, whether this body agrees with it or not is where we go forward from here de novo. Mr. Kerbel: Understood. We obviously, for purposes of the record, disagree with that. Chair Russell: I understand. Mr. Kerbel: But we will now if -- with your permission, we'll let Mr. Hernandez get into what should have -- better -- what should have been the showpiece here, which is the plans. Mr. Hernandez: So I can begin while he's pulling up the slides. Jorge Hernandez, 337 Palermo Avenue. I'm an architect with an expertise in preservation, and a professor at the University of Miami School of Architecture. I would also like to thank Melissa Meyers for mentioning my involvement earlier during her testimony in trying to stop the demolition of St. Stephens hundred -year-old worship center. I did that from the sidewalk many years ago with Arva Moore Park and Dolly McIntyre. And, yes, Andres Viglucci did come forth and cover it in the article, and that's another way of saying that I've been involved in the advocacy of the history of this community for over 35 years, and I've got the blood on the sidewalk to prove it, so. Anyway, this project is a historic preservation project and preservation planning. It aims to restore and rehabilitate the most significant historic elements of this site, and interpret these to tell the complete story of this place. The plan enlists the valuable and viable historic assets of the site, along with new structures, in returning live theater, the site's most historic use, to this beloved corner of Coconut Grove. Together, historic and new buildings form a partnership in defining a network of spaces; green, accessible, public realms of a vibrant urban campus for theater here in the Grove. The assessment of the integral historic elements, the entire front building -- that is, the entire front building; not the faqade. The complete and entire building -- which I have repeatedly said for over four years, a facade does not keep the rain out; a faqade cannot be entered to purchase something or eat something; it does not sustain life. So it's the entire front building, which, as the Mayor said, is everything all of us have ever seen of the Coconut Grove Playhouse. In fact, if you look at every image that was shown here today and every image I've ever seen of the playhouse, and every image that City of Miami Page 82 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 has ever been shown in any of these deliberations, there are no historic images from the '20s, '30s, '40s, '50s, '60s, '70s, '80s, '90s, 2000s, up to today, that show any other image, except for the one that's up on your screen; none in all of my review of the photography of this structure. Both the County and those not in favor of the County plan only keep showing this image, because this is the face and likeness, and public image of the entire site. It's the nature of theaters. Theaters are a room and a facade; an interior and an exterior. And in this case, the facade is not just a fagade -- which is why we call it the front building -- it is the wall of the faqade and a depth of 30 feet, where you will see in just a brief moment many different functions occurred over time. So I'm sorry for that distraction. But the assessment of the integral historic elements was a product of a year-long process of research in local and State libraries and archives, and City and County records offices, field measurements and documentations, and scientific testing; both by the structural engineer, Douglas Wood, who has an impeccable reputation in historic structures; and the conservator, Rosa Lowinger, who are apart of the team, along with me and Arquitectonica. I am a sub to Arquitectonica. This process separated fact from fiction, this year-long process, and revealed many layers, multiple layers of history which were lost or altered or ruined, and then some nostalgically falsified -- additions that nostalgically falsified and confused the visitor as to what the 1927 architecture is, and these nostalgic falsifications happened after the period of significance. As you will see, these discoveries guided the recommendations that informed this preservation plan, the County's Historic Preservation Plan for this Coconut Grove Playhouse. This plan involved the (UNINTELLIGIBLE) collaboration of public and nonprofit entities; Miami -Dade Cultural Affairs Department, Florida International University, Miami Parking Authority; and Joe Adler and his nonprofit, GableStage, and public monies to return live theater and varied arts educational programming to this site. Over the last two years, two different Preservation Officers of the City of Miami -- the standing officer and the previous one -- using their professional judgment, endorsed the plan to their board. Both Preservation Officers recommended in their staff recommendations in favor of this plan, compliant with Chapter 23. We are here to answer questions. And I will now give a brief overview of the attributes of the project. Because of the questioning, I think also that it'll be useful if I pull out some imagery from the previous presentation to the HEP Board, the one that we're hearing the appeal for here. And we can do the whole presentation, or I can pluck other images to answer your questions. Chair Russell: Up to you. Mr. Hernandez: Okay. So in speaking about the playhouse, it is useful to refer to this slide. It encapsulates the history of the playhouse in four chapters. The building was opened in the first years of 1927 as a silent movie screen theater. It is designed, as you have heard, by the master architects, Kiehnel & Elliot. It is a master work of 1927 Spanish Revival architecture, and it is listed in the local designation and in the national designation for the architectural significance associated with that edifice of that time. So architectural significance belongs only to the fabric of the 1927 building. That chapter came to a close in 1955/56, when Alfred Browning Parker, another master, a mid-century modern master, did renovations to that playhouse for George Engle, a prominent businessman in Coconut Grove. They opened the Coconut Grove Playhouse. The listing, both locally and in the National Register, is for the events; not the architectural mastery by Alfred Browning Parker, but the events that occurred there. Why? For two reasons: One, local scholarship shows that it is not in signature work of Parker, A "; `B, " it was not included in his compendium of his complete life's work, which he collaborated on; and more importantly, most of Parker's work has subsequently been ripped out. So if Parker ripped out all of Kiehnel's work or most of Kiehnel's work, then what happened here afterward is that in the 1980s -- late '70s and '80s, all of Parker's work was then subsequently ripped out. So that period of time, which is Chapter 3, 1977 to 2006, is when the Coconut Grove Playhouse became a City of Miami Page 83 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 nonprofit theater. Before that, it was a for profit theater. As a nonprofit theater, those third iterations of changes that ripped out all the significant fabric of Parker's work occurred. And the last chapter, we all know is the chapter covered after it was shuttered. Okay? If we keep referring to these, I think it'll clarify a lot of the questions of what is architecturally significant, not architecturally significant, culturally significant, and so on. Thank you. So this is the 1920 -- an early image of 1927 of that building, an image which you're more than familiar. It is an absolute signature work of Richard Kiehnel. The building is much more ornamented and robust in its design and its exterior. You'll see that in a second. It has the full range of architectural imagery and elements that you see from this period; the pediment in the center, the parapet that is formed like a baroque pediment, then the crenellations on the sides, the fenestration, the doors, and so on. If you notice very carefully, there're a series of storefronts; three on the right-hand side, four on the left-hand side. Those were shops. This building was always a mixed-use building; always, except for the period -- the second period. There were shops there, and there continued to be shops there until 1956. This is what is architecturally significant in every board that has reviewed and assessed this place. This is what's architecturally significant. This is a post-war image; very interesting one. You see the Central Gable has been cut off, but the crenellations, which are those little rectangular articulations of the parapets, remain; all of the windows, the fenestration, remains in its current location; all of the details, all of the molding remain. If you look again at the ground floor, the four storefronts to the left are taken by an insurance company, and the right hand three storefronts have been altered. There is a wooden bay window, like a saddle bag, that's propped outside of the storefronts, and it's become a soda fountain. So there were always other uses and functions here. It was always a mixed-use building. This is a photograph after the Parker and Engle years. It's a mid-century photograph. And the -- again, now that the parapets have been cut off completely, the crenellations, the windows unfortunately were replaced with jalousie windows -- there's window air conditioners -- but most importantly, those storefronts were blocked off. And the storefronts were blocked off because the business model -- we've been hearing a lot about business models -- for Engle and Parker was about dinner theater. So they needed to get the person to walk in and stay in, and they wanted them to use the restaurant that Engle built as part of the theater and the bar that Engle built as part of the theater so that all of that could sustain the cash of operating the theater. In spite of closing up -- the partial closing up of the storefronts and the other changes that I've mentioned, everyone agrees that the exterior of this front -most building still retains sufficient evidence, sufficient associations with the 1927 period, and it is, without doubt, a work of Mediterranean Revival by the hand of Kiehnel, Richard Kiehnel, who is a designer of Kiehnel and Elliot. And that's what we're -- yeah, that's what we're bringing back. We are restoring the facades and rehabilitating that entire building, and we are restoring the -- rehabilitating the original functions of that building, so the front will have storefronts. And off the sidewalk, in the spirit of Miami 21 and enlightening the sidewalks of Coconut Grove, will be retain and different configurations as the market warrants, and then above it will be the offices. There were always offices to manage the theater. For a small time in the mid-century, there were some apartments there too, but there was always retail and offices above, and that's what we're bringing back to that image, which has always been the lead and iconic image on every photograph of this site, of this historic site. So there are a number of images that I brought, that I've shared all along the way in this voyage, and there's one missing one that I'll add at the end, because I thought -- some of your questions have prompted me to wish I had included it. But these are plans of the building. The original plans for the building by Kiehnel and Elliot are lost. They were not in the County records. They were not in the City records. They were not at the University of Florida archives. They were not at the University of Miami archives. And everybody that's done any work on these buildings will agree that they have never shown up. With the plans that I did find at the University of Florida archives were the plans of Alfred Browning Parker, who, when he made his changes, had to document what he found. City of Miami Page 84 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 And from those documentations, I could draw the original plan of Kiehnel, but it would be speculative to know that we have material and specific fabric; completely speculative to restore the Kiehnel interior. So everything that is tainted in blue, the dark blue is what Parker added. So to the Commissioner's point, Commissioner Reyes's point, there have been accretions, like barnacles, around the body of this building, added over time. One of them is at the top left, and the other one is between the light blue of the left-hand wing of the -- or the downward wing of the front building; and this triangular building, separate functional building that used to house an air conditioning -- a primitive form of air conditioning equipment. So the dark blue is what was most radically changed. The light blue still involves changes, because among the many things that Parker did is he changed the slope of the floor. So there is a buried floor from 1927 under the existing floor that every one of us remembers from going to plays there. And he did that to change the angle of the floor of a silent screen movie theater to a live play theater. It wasn't a sufficient change because -- but it was the only one he could afford to implement. As a result of that, many of the elements of the interior have ended up buried, partially under the new concrete floor, and the old floor is buried, as well. The front building, which you can still see here as the two wings in the configuration, was completely changed; the exterior and the interior. And the crescent lobby, the next space, was changed; the original stairs were ripped out and another stair configuration was placed in. And then there's that middle belt of dark blue in the plan; that was a compression. Parker compressed the Kiehnel building by one- third of the length of the auditorium, and he did that because he needed to get more dining and drinking space. It was part of the business plan. When he compressed that interior third, two of the four bays of Solomonic columns, which you'll see in a second, were relegated to spaces like where the urinals are in the men's bathroom. Before then -- Yes? Chair Russell: If we've agreed not to direct or offer a ruling on any interior, is it necessary to go through the full interior as the evolution (UNINTELLIGIBLE)? Mr. Hernandez: I'm not going through the full one, but you'll find out why I'm doing this in a while. Chair Russell: Okay. If it's relevant, sure. Mr. Hernandez: Thank you. Yes. Thank you, though, for the question. So that's the extent of everything Parker touched. If you look just to the top of the north wing, the one that's headed up Main Highway, you will see a detached rectangular building. So when I answered your question, Commissioner Hardemon, about the different complexities of different -- That older structure was never part of the playhouse until the '80s. After the '80s, it was glued into the playhouse with a hyphen, gutted, and then more of the workings of the playhouse were put in there. Okay? But that is not in any of the designations, local or National Register listing, and it's not significant. So all of these things had to be demolished to get back to a level of clarity, physical clarity. So in 1982, an architect, Richard Schuster, of Ferguson Glasgow Schuster -- some of you may remember that firm -- was hired to do changes to what Parker had done, and also to document change. And so, that is scheduled here in green; although, really, some of it, you can't see it, but the bathrooms on the bottom of the lobby are green and blue overlay. So what happened is that in the latter years of the 70s, early '80s, and onward, changes were being constantly made throughout the interior of the playhouse and the exterior. Chair Russell: Question: The separate structure that got hyphenated and attached in the '80s, you say, how old was that structure? Is that original, but it was detached? Or is that -- it came along at some point? Mr. Hernandez: It was never original to the playhouse. It is an old structure. City of Miami Page 85 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: How -- Mr. Hernandez: Probably about --from the same period or a little older. It was -- Chair Russell: --from the same period of the--? Mr. Hernandez: Of the 1927 Kiehnel -- Chair Russell: Oh, so you believe that is a 1920 structure, as well? Mr. Hernandez: Structure. Chair Russell: But it wasn't attached; it was attached (UNINTELLIGIBLE). Mr. Hernandez: It was always an independent shop, owned by an independent person. In the '80s, it was purchased, gutted, and attached, as you can see there, to the playhouse. And then the other thing of note is that the bottom wing, the back wall of the bottom wing -- you'll see a photograph -- was supported by a metal armature, and that wall was completely undermined. So now the physical configuration starts to be compromised within the interior. The clarity of the reading of the wing is gone. So we go back to a picture of the interior of the Kiehnel hall, and if you compare this to the exterior, it's fairly -- well, it's very elegant, and it's certainly generously sized, but it's fairly austere in comparison to the exterior of the building. There are four --you only see three in this picture -- white paired columns that support double arches. If you see the beam of light at the first column from the stage up -- the photographer is standing at the stage -- that is about the level of compression that Alfred Browning Parker did when he pulled that back wall of the auditorium in. That's the level of change in compression. He also got rid of some of the Solomonic columns, and he covered over the vault and changed it and cut into it, as he needed to, for lighting and trusses, and all sorts of the workings of contemporary theater. This is some of the result of what happened. Now this was not done by Parker, I must say. This was done in the '80s, okay? Although Parker did have columns in some of the lady's bath -- well, powder room, yes. Chair Russell: That's not a lady's room. Mr. Hernandez: Like, I'm going to powder my nose. " Yes. No, that's not the lady's powder room. Yes. So what happened is that not only were certain elements dispensed with in all of this work, but the remaining elements were relegated to spaces where they lost their dignity and their meaning, and they remained therefor decades and decades of years. Then the arch you see that that column supports, you would think -- because it's over a 1927 column -- might be a 1927 arch; it's not. Many of the 1927 arches were cut away. All of the 1927 arches were semi -circular arches, "medio puntos." All of these arches are elliptical or oval arches. It is a very complex deciphering, and a person that doesn't either really know or understand historic architecture, i.e., the general public, can easily be fooled that these elements that conspire to appear like 1927 elements are, when, in fact, they are not. This would probably be a good place to pause and answer your question. You know, we've heard a lot about, "Where's the structure? Is the structure in legally?" Although I'm not going to talk about legalities, it seems that everybody came to an accord. The entire structure was -- on the local designation was deemed historic. The interior was not included in the local designation. The elements of significance -- architectural significance in the local designation of the facade, we're saying it's more than the facade. We want to bring back the entire front building. But this is a quote from the National Register Bulletin of the Secretary of the Interiors that has to do with how to evaluate the integrity of a historic property, and I will gladly give you the reference. So, if you look up on your phones, "How to evaluate integrity of a historic property on the National City of Miami Page 86 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Register" and read, you will come to this quote. And the quote says -- It's funny, because the first example was a concert hall. The quote says, "A historic concert hall, if it were to lose its interior, would lose its value as a historic structure, " end quote. And you have seen the degree -- Chair Russell: Who said that? I'm sorry. Who said that? Mr. Hernandez: What? Chair Russell: Who said that? Mr. Hernandez: That's on the National Register Bulletin of how to evaluate interiors relative to integrity of a historic structure. So this is the government -- the Feds regulating through the Secretary of the Interiors. Chair Russell: Right. Mr. Hernandez: Okay? So the first example, textbook, is that: If a historic concert hall were to lose its interiors, it would lose its value as a historic structure, " end quote. Chair Russell: I mean, can't you take that one step further to work against the case that demolishing the theater would also lose its integrity as a historic theater? Mr. Hernandez: If it has none already, because it's lost its interior. There are buildings that -- the passage refers to buildings for which the exterior is more important, like a skyscraper -- obvious, right? -- because a skyscraper has multiple floors, and the structure -- the sculptural structure of a skyscraper is the thing that's most prominent. Chair Russell: Yeah. Mr. Hernandez: And then the passage then does the opposite; makes an argument for types of structures, typologies of structures, for where the interior is paramount in the integrity. So if it's -- according to this passage, if it's lost its interior, it's lost its historic value. Chair Russell: Right. Mr. Hernandez: This is an example of Case "B, " where it says -- Chair Russell: (UNINTELLIGIBLE) I think it's already lost its (UNINTELLIGIBLE) ? Mr. Hernandez: It's already lost (UNINTELLIGIBLE). Chair Russell: And to your point, even if we save the exterior structure of the auditorium but we don't fully restore the interior -- Mr. Hernandez: Yes. Chair Russell: --the -- Mr. Hernandez: And -- Chair Russell: --you haven't complied with whatever those national standards for historic theaters would be? Mr. Hernandez: Well, yes; any buildings, yeah. City of Miami Page 87 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Yeah. Mr. Hernandez: Correct. But more to the point is by the time you purge away the accretions, the barnacles, then what do you have, really? Chair Russell: Understood. Mr. Hernandez: Yes. You have sort of an old movie house that's been compressed twice. Sothis is other evidence of what has happened. This is why I'm focusing on the interior when Parker made the changes to Kiehnel. Kiehnel had these decorative concrete elements throughout the interior, and what you see is a industrial sheet metal perforated wall, assembled like you would an industrial structure, and painted, with afire hose cabinet cut into it; clearly, not -- and I am a fan of Parker, but I think in his case, this was an act of expedience, obviously; clearly not a signature of his work, which is why it's been excluded. It's not because of the hand of Parker that this is included, but rather because of the events of the American stage that happened here that this was included. And this is the last one that I showed you, where in the '80s, a metal armature was put up to prop up a wall above so that this wall below, this load-bearing wall, could be demolished; therefore, making two previous zones of the building -- interior spaces of the buildings and actual structure walls of the buildings morph into this scenario, which used to be called the Encore Room. Okay? But this is -- these three slides -- I presented many more to the HEP Board -- are endemic of the history of change over time for this historic resource. So let me just briefly present the plan; the plan, as it stands a second time, that we submitted it; not the original time. And we have a comparison of the two, as well. So the site, as we all know, is an irregular site. It's bound by Main Highway, Charles Avenue, Williams, Abitare, and then the alley, which is here, called "Thomas Avenue, " because it was a named alleyway. And you can see that the site is loaded -- well, first and foremost, the site is framed by green space, and the plan actually pulls back more than the distances of the required setbacks. So that buffer, that green buffer between sidewalks, wherever they occur, and the buildings is actually greater than what the Code requires; and obviously, in consideration for the residential neighborhood to the west and to other adjacencies. So there's this notion of framing all of this site in green, what you see here; even Thomas Avenue is planted. And then there's this strategy of thinking of this site as having two geometries. There's the geometry to the upper right, which is rectangular, and therefore is the best place for the parking garage; and there's the geometry of the lower left, where the theater -- the Coconut Grove Theater is now, today; the existing structure is today. You can recognize the wing shape of the historic front building in its entirety. It is rehabilitated and used in its entirety; not the fagade; the entire building, all three floors of it. And because behind it was the new auditorium space, then we did what is recommended in preservation, which is to distinguish the historic and the new; and we did it in the easiest way, which is to provide space between them. So there is a garden -- there's a planted courtyard between the historic front building and the new 300 foot theater, which is that square rectangle -- I mean, square box with the rectangle behind it. So if you look at that white rectangle just behind the auditorium space, that's the fly stage, and it has four little rectangles on top of it that's mechanical equipment. The importance to that is that the fly stage, because of the scale of this 300 -seat theater, can be pulled further away from the West Grove. So the highest element of the site, which is the fly stage, at its correct dimension for the right use today, 62 feet; not the 52 feet -- or the 52 feet that exists. At 62 feet, it's pulled back from the West Grove; not fly stages. When you look at the first house, right on the intersection of Williams and Abitare, that first house is almost equidistant. The corner of the house is equidistant to the fly stage as the entry to the five --front building is to the fly stage, more or less. That buries the highest element in the center of the plot, guarding it from the historic view, from the sidewalk on Main Highway, and guarding it from the neighbors of the West Grove. Okay. So that was the strategy, but more importantly, the theater was placed on the diagonal, City of Miami Page 88 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 because part of our memory of the site is to enter that front building and walk along the diagonal axis generated by the corner until we entered the space of performance. So, in essence, the original procession through the site and the experience of that procession through the site also has been preserved -- restored. And then to the right of the theater are support spaces, and to the top of the theater are support spaces. It should be noted that, again, from meeting -- not only many comments given here over the two years -- and it's been a long process, but it has been a process where many people were able to say what they thought of the project, and when we could, we listened and incorporated it. So this entryway off of Charles is for the trucks that don't come frequently, but they come every time the show changes. You can see that it's pulled off of Charles in --within the first lot, let's say, from Main Highway; and the truck can service the back of the stage, do a three-point turn, and the curb is configured so the truck must take a left out and back into Main Highway; therefore, no trucks are going to enter the neighborhood of the West Grove. It is protected from the trucks of the neighborhood of the West Grove. And then there are the spaces. There is the pocket park at the nose, at the top, right behind the parking garage. At the nose of this thing, that's an open green space, like a pocket park, given over to the community; places of interpretation -- of opportunities for interpretation for the Bahamian story, the important Bahamian history of this site. And then there is the second space, which is long linear space between the parking garage structure and the theater, per se, which actually is -- we call it a "paseo. " It links for the first time ever Main Highway and Williams and Abitare. So we were speaking about a gateway to the Bahamian village. This is -- you'll see a rendering. This is a completely acceptable, wonderful, great gateway, because you can travel back and forth. There's no gates that's not closed, and it will have spillover cafe tables from that restaurant, which is a trapezoidal building, and we'll for the first time get rid of the barbed wire and the tall chain- link fences. Then there are two little plazas on either side of the ends of the wing buildings; one looks up Main Highway and the other one up Charles Avenue. This is the result of the geometry. The one that looks up Main Highway is more active. The one that's on Charles Avenue is less active; although now, with the Stirrup house restored, and the bed and breakfast moving in, people can go from the old Calamari through the garden of the Stirrup house into the Charles Avenue Plaza and into the site and cross -- it becomes a network of connections, in a sense, that this corner fosters through the Grove. Chair Russell: Just a question. Mr. Hernandez: That's more of the same -- Yes. Chair Russell: Just a question. So in order to build this garage, you need that office building that was added -- that was attached later to be removed? Mr. Hernandez: Yes, absolutely. In order to build -- not the garage. In order to build the plaza that we speak of, the commercial building that was attached in the '80s and for a while was a bar called "Coco Lopez, " will be removed. And in all of the reports, it is not apart of the integral fabric, and in fact, it is seen as negative and ruining the pseudosymmetry of the fagade. Chair Russell: But it doesn't -- so it doesn't interfere with the garage; just the plaza? Mr. Hernandez: Well, a corner of the restaurant and the plaza. You see where the plaza is on the right-hand side of the winged building? Chair Russell: Yes. Mr. Hernandez: Its footprint is probably --you see, there's a tree in the middle of - - what -- appears to be three trees? City of Miami Page 89 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Yes. That's the hyphen, though, isn't it? Mr. Hernandez: That's where the hyphen is. Chair Russell: So then the building is -- Mr. Hernandez: And the build is -- Chair Russell: -- north of that. Mr. Hernandez: -- where the two trees is [sic], so its footprint is partially on the plaza, partially on the trapezoidal restaurant, and partially on the core of the parking garage. Okay? So it's in between there. So, yes. The answer is `yes." But also, I should say that except for the commercial and office programming that is in the front building, which the front building always had historically, then the rest of the commercial is what's predicated by Miami 21, and we have approval from the Planning Board for that reason. In other words, there's no more commercial here than what is required by Miami 21 to, A, " provide activity on the sidewalk through restaurants and cafes; and `B, " screen the structure of the parking garage with office uses or appropriate uses. So it's a liner for -- as Miami 21 calls for. And that pretty much summarizes the plan as we know it. Another -- the last reason -- and I'd like to end on this -- which I keep going back to as a kind of marker through the presentation, is that is now the rendering of the built -- five - story building on Main Highway, which built not as of right, not a part of this project. The garage, what you see there, is a four-story building; originally, it was a six -story building, and through conversations that happened in this hall and outside of this hall with many people, we in fact have been able to take the garage down to four stories. It is 52 feet high. So the parapet of the playhouse -- not the one that is, you know, articulated in the sky, but the standard line of the parapet is 39 feet, 6 inches tall, then the garage is 50 feet, and then that other structure I think is upwards of 60. Chair Russell: Which other structures? Mr. Hernandez: The white one. You see the white one -- Chair Russell: Yes. Mr. Hernandez: -- off the site? Chair Russell: Understood. Mr. Hernandez: So what's happening is, what Miami 21 calls for is a transition of scale down to the historic structure, essentially. Chair Russell: Yeah. So you're -- the way you refer to the structures is the auditorium -- you called it the auditorium. Mr. Hernandez: Yes. Chair Russell: The front building, or do you call it the -- the front building? Mr. Hernandez: Front building. Chair Russell: What do you call that side building that was hyphenated? Mr. Hernandez: Well, that -- I don't even put that in the equation, because it was never part of the period of significance. It came in the 80s. City of Miami Page 90 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: The hyphenation came in the '80s. Mr. Hernandez: And there's -- Oh, and the structure came in the '20s. Chair Russell: What was (UNINTELLIGIBLE) -- Mr. Hernandez: Was there since the '20s. Chair Russell: -- how do you refer to that building, just so we're talking the same language? Mr. Hernandez: Well -- yeah. The nomenclature is tough. Chair Russell: Was it an office -- (UNINTELLIGIBLE). Mr. Hernandez: It was a commercial structure for a while; housed a bar named "Coco Lopez. " Chair Russell: Okay. We're going to call it the "Coco Lopez. " Mr. Hernandez: Okay. Chair Russell: Thank you. Mr. Hernandez: Okay. All right. So these are the views; some of which you've seen. So this is a view so you can see the campus -like quality of the site, and this does have to do with preservation at another level, which many people talk to today; not the narrow part of preservation that this appeal may be about, but the notion of community preservation and being a project that's open. So this is the view of the first plaza, and that's it in its current iteration. An earlier rendition was shown of it today, but that earlier rendition was from the first submittal, the master plan submittal. This view is of the final submittal, which is the final COA, with all the details worked out. So you see the -- that Fabian wall of archaic structures; the (UNINTELLIGIBLE) is gone. There is space around it for people to congregate. The new building is pulled back from the historic front building, and in many ways, it's deferential to the front building. Chair Russell: This is my view walking from Coco Walk in the north. I'm heading down Main Highway, and this is what I -- go back to the one you just had. Mr. Hernandez: It's where the arrow is showing. Chair Russell: Correct, correct. So if your intention is for people to continue to use the diagonal on the main original entrance to the lobby, isn't this now the new path of least resistance as you're walking along the sidewalk to go in this courtyard and into the theater from there? Mr. Hernandez: Yeah. Unless you're a historic nut, like you are, Commissioner -- because I was at the site with you and me -- and you say, I'm going to take an extra two steps because I want the ceremonial entry. " So it's like whether you enter the kitchen door or the living room door in your house. Chair Russell: Right. Mr. Hernandez: One does notpreclude -- Chair Russell: So if you 're interested in the historic building, you'll go to that? Mr. Hernandez: -- the other. City of Miami Page 91 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Otherwise, you'll bypass that. Mr. Hernandez: No, no. One does not preclude -- Chair Russell: (UNINTELLIGIBLE). Mr. Hernandez: They're just options. On any given day, you can take one route or another one. Chair Russell: I understand. Mr. Hernandez: Because it is like a campus, a mini urban campus. Chair Russell: Got it. Mr. Hernandez: Okay. So, you know, I wanted to make the point that, you know, it is a deferential building. It's very simple. Its lines are very simple. It's letting the ornamentation of the historic structure take preference. And its main vehicle for aesthetic expression is the cladding with the local oolite stone of Miami -Dade County and Coconut Grove. It is a structure that is essentially glass doors into the restaurant -- that's the restaurant -- and that oolite line. So there's a very simple language of architecture, but is respectful by complementing; not by competing or even engaging in some of the historic elements. This is the second view, more close now to the -- what I call the "planted court, " and that appears like that. The lobby would be able to be open on fair-weather events, so you could spill out from the lobby to the public space, down the breezeway. There's the breezeway that enters from the corner in the kind of historic diagonal entry. This is the next sort of the sort of signature spaces; the paseo, or we can call it the gateway to the West Grove. And you see the side of the new theater on the left -- it's planted out -- a restaurant, and then the parking garage structure, which, at mid -block, is blocked with a screen, with a painted metal screen that has green like a landscape on it. This is where -- a view of where the cafe tables could be placed. And if you were to keep walking -- if that couple in the photograph keeps walking, they get to the intersection of Williams and Abitare. And then the last one is this view of the opposite little plaza on Charles, which is where the rehearsal space is, and again, you just see here kind of silent architecture, coral stone cladding, layered in strata, much like the way it was done -- is found in the geology and laid by the workmen, many of them of Bahamian descent. So then we go to the inside, because even though the inside is not protected, as I said, Secretary of Interior says, if an interior -- if interior is lost, the significance of the structure is compromised. I'm paraphrasing what I was reading before. And also, because the HEP Board and many people in this community said, "Wait. But what about the proscenium arch? Wait. What about this?" So we did some careful analysis of all these elements. The double proscenium arch that we showed each of you that went on the tour is going to be, in fact, incorporated into the new edifice. We can take the actual artifact out and reuse as the double proscenium arch for the new 300 -seat theater. So these are pieces that will carry the memory and tell the story of the site's long and varied history. There will be vitrines that display -- there are fragments available -- once they're extracted from the building, the existing structures that's going to be demolished, and they will also be in vitrines that will have interpretation. We will include also on the wall to the right, and in other locations, monitors, because there's a lot of story of the mid-century that is actually part of the Louis Wolfson Film Archive of the Miami Dade College. So there's actually a lot of film footage that will be included there, playbills, other memorabilia that covers the history; not only of the architectural significance, but then of the cultural significance of the theater. This is just another shot of the lobby, showing the doors open to the space between the historic front building and the new 300 - seat theater. And these just show the amount of documentation, field documentation, and records that we did on all the important significant elements of City of Miami Page 92 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 the front building. Our staff documented all of this. You can see there the sections of the corners of the interior of the auditorium; the Solomonic columns, with a rendition of how much of the columns are buried; these fish fountains that we're also extracting from their buried concrete and putting into the vitrines, and so on. So there's been an extensive amount of work of recovering of some of that material memory for interpretation purposes. These slides, the Mayor shared with you, and I wanted to just end with that one, if I may. That is the -- on the left is the presentation made on 2017 of the master plan, and on the right is the presentation made now, 2019. Chair Russell: Got it. Mr. Hernandez: And you can see that, to answer a number of the questions, that, yes, the plan changed and evolved, but the amount of demolition proposed in 2017 - - that is the demolition of the existing theater -- remain the same. That's what we relied on. But the passageway into the West Grove, the three-point turn was improved by moving that shed away from there, and many other smaller items of refinement that, unfortunately, we did not get the chance to review at the HEP Board in fullness, because we did somewhat, and then the argument went back to the issue of the extent of demolition. Available for questions. Chair Russell: Thank you very much. Mr. Adams, I have a question or two for you, and then if -- if the appellant has made their full presentation? Thank you. Mr. Kerbel: That concludes our presentation. That's all I wanted to say. Chair Russell: Warren, you kind of inherited this mid -way --midstream, I guess. Mr. Adams: Yeah. Chair Russell: There was a previous Preservation Officer on the initial rulings; you kind of came in -- Mr. Adams: Yes. Chair Russell: -- in the middle of this. It's been said a few times here today that you approve of the County plan. Would you say that's an accurate statement? Mr. Adams: What I reviewed and approved was the restoration of the front building, the construction of the new theater, the construction of the parking garage, and the site improvements. As the County said, the premise was that the demolition had been approved in 2017. Chair Russell: And so, when you came to make that assessment on this second iteration or application, as you mentioned earlier today, the application by word did not refer to the demolition but really just the other plans, the --? Mr. Adams: The record of intent did not refer to the demolition; however, I do concede that the box on the application form was checked. Chair Russell: Yeah. Mr. Adams: I just find it a bit strange that if the demolition had been approved, why either reapply for again or (UNINTELLIGIBLE)? I think the applicants knew that the demolition would not be reviewed by me. Chair Russell: Understood. Has anyone officially, even in the HEP Board or at this body, has anyone asked you your opinion regarding the auditorium; preservation or demolition of the auditorium structure? City of Miami Page 93 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Adams: No. Chair Russell: Do you have an opinion about that? With regard to its -- the historical integrity of the theater, how crucial is that rear auditorium? Mr. Adams: I think the reason I've never given an opinion is because I have wanted to find out if the 2017 application, if the demolition was approved then. If the demolition was approved then, my opinion wouldn't come into it. Chair Russell: Uh-huh. Mr. Adams: If the demolition was not approved then, obviously, my opinion would come into it, because they would have to come back and apply for the demolition if it was not approved in 2017. Chair Russell: From what we've discussed today, I am of the opinion that the HEP Board in 2017 said, "You may continue to look at this. You're on a path, but you do not have approval for demolition. We haven't" -- 'you cannot apply for a permit, and we could deny this entire thing," is my interpretation of this. If you hold to that, what is your assessment of the historic integrity, including the rear building? Mr. Adams: I would concede that the architectural significance -- Chair Russell: Right. Mr. Adams: -- is the front elevation. But in my opinion, there is historic significance with regard to the rest of the building, with regard to the contribution to the theater industry in the development of Miami. But this really comes down to if the demolition was approved in 2017, my opinion doesn't really come into it. But if -- Chair Russell: Understood. Mr. Adams: -- I was pushed, then does the rear building have historic significance? I would say, "Yes, the architectural significance is for the front of the building. " Chair Russell: Got it. So that even falls in line with the 2005 opinion, where it said the architec -- or the significance -- the architectural significance are those front structures, and anyone who walks around it would agree with that. There's no fenestration or crenellation, or anything on the rear, but the -- you're saying that, in considering historic preservation, it's not just about the architecture -- what -- especially in -- maybe in a theater, there's more to it in -- that the rear has a contributing factor? Mr. Adams: In many cases, there's more to it than just the architecture. Chair Russell: Got it. Commissioner Reyes: Sir? Chair Russell: Commissioner Reyes. Commissioner Reyes: And I want to clarify this. That is your opinion. Your opinion --you interpret that -- Chair Russell: Yes. Commissioner Reyes: -- that way. And let me ask Legal. Sir, what is your City of Miami Page 94 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 interpretation to the decision that was on '17? And I want to hear Francisco, also. Chair Russell: Was demolition approved in 2017 or not? Mr. Greco: Well, the -- in the attachment to the decision, it specifically says that "No demolition permit will be issued until the plan comes back to the HEP and is approved, and that the concept that is being approved in this plan is in concept only, " and it left the door open for HEP to require different configurations, height, setbacks, et cetera, for the development of each individual building. Chair Russell: Got it. Commissioner Reyes: Okay. Francisco -- Mr. Kerbel: Mr. Chairman, may I comment on -- Chair Russell: Yes. Mr. Kerbel: -- a question you had asked earlier? Just in terms of why I checked the box for demolition if we had already been approved. Simply, in an abundance of caution. Perhaps we anticipated this sort of discussion happening. And so, our view had been we don't need to restate it, but we read that -- those conditions and that approval to say more than simply, "You may come back with drawings. " What they say is, "You may design your building premised on our approval to demolish that rear building, because that rear building does not have any architectural significance. " And in terms of -- and I think part of the discussion that we're having here is, "What is integrity? What is significance?" And we agree that the significance, the historic significance, is the use as a theater. We are restoring that. Chair Russell: One last question for you, and then I am going to pass the gavel and make a motion. Do you have any renderings -- or was there ever a plan that did include total restoration that you delved into and then said, "Okay, that's not going to work, so we need to go this direction?" Or did you start -- is this the plan that you started with? Mr. Kerbel: Let me have Jorge Hernandez comment on that in more detail, because he did it. But when he began his research, he did not come into the plan with the idea of, `Let's knock it down and start over. " He did his research premised on the idea that maybe there is something that can be saved, and he came to the conclusion independently, but in line with the 2005 designation, that demolition -- complete demolition of the rear building was appropriate, but I'll let him speak for that. Mr. Hernandez: Yeah, I was going to essentially repeat the same thing. I mean, I came in with no prejudice to this situation. Chair Russell: Mm-hmm. Mr. Hernandez: And I spent one year in the building and at all of the archives I could find, and they waited for me. The team waited for me; sometimes frustratingly. But when I said, It is my professional opinion " -- and I read you the pertinent quote of the National Register Bulletin -- that this building has lost its integrity, doesn't mean it's lost its historic import; it's lost its integrity. The way which we continued its historic import is by the annexation of those (UNINTELLIGIBLE) fabrics into the interpretation and new spaces. This is a sheet of the submittal, the --for the second HEP submittal, which very clearly showed in blue the elements that were being rescued for this notion of interpretation, the whole front building, and then the other pieces inside. City of Miami Page 95 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Chair Russell: Thank you very much. We're short a few Commissioners, but we do have a quorum. Is Commissioner Hardemon nearby? Any other questions from other Commissioners? Commissioner Reyes: Yes. I have questions for Mr. Garcia. Francisco, in your opinion, do you agree with the project that the -- or you don't -- you don't agree with the project of--? Mr. Garcia: That is a broad question. Commissioner Reyes: (UNINTELLIGIBLE) yes or no. I mean -- Mr. Garcia: Right. I know you always prefer to answer -- `yes" or "no" answers, and I think what is fair and correct to do is just simply rely on the record that has been presented to you; staff analysis and the record that the City has presented to you, the Preservation Office and the Planning Department by extension, recommends approval of the project presented by the County, subject to the conditions manifest on the record. I'd like to add one possible explanation as to how to better understand and put in context the apparent discrepancy between the first approval by the HEP Board and the -- and whether or not that demolition element was included. It is typical -- and I think it was part of a narrative of the appellant -- it is certainly typical and within the purview of the HEP Board to want to ensure that they reserve as much leeway as they possibly can for future considerations of items before them, and it would certainly be in keeping with their actions to try to preserve the building for as long as they can to prevent premature demolition, because once the building is demolished, the building can no longer really feasibly be reconstructed. Commissioner Reyes: But -- Mr. Garcia: And so, you know, I'll say briefly, it is very much consistent with how the Historic and Environmental Preservation Board operates to -- when faced with an application in the abstract, a conceptual application, to provide favorable guidance and to encourage the applicant to proceed further, but reserve the right to finally approve the demolition until that point in time in which they are willing to commit to -- Commissioner Reyes: Sir -- Mr. Garcia: -- a plan submitted Commissioner Reyes: Excuse me, but I don't want you to justify the action of the HEP Board or -- Mr. Garcia: I'm not. Commissioner Reyes: -- other board. My question is the following: You see, given all the -- what you have heard and what the County has presented, the plan, and the years that we have been -- I mean, that this had been closed, and the merit of the project itself, do you agree with it? Are you in favor of -- I mean, you recommended that we go and adopt the -- accept the County plan? Mr. Garcia: Our recommendation is to -- Commissioner Reyes: Okay. That's fine. Now, the only thing that I wanted to hear was your recommendation; that's it. Mr. Garcia: Our recommendation is to support the -- City of Miami Page 96 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Reyes: Okay. Mr. Garcia: -- plan presented by the County, and there are conditions attached to it -- Commissioner Reyes: Thankyou. Mr. Garcia: -- in our staff report. Commissioner Reyes: Thankyou, sir. Mr. Garcia: My pleasure. Chair Russell: Commissioner Gort. Vice Chair Gort: I've been very quiet, but I just want to give a little history. I came to Miami in 1952; many of you were not born at that time. I visited West Grove back in '67, when I was a student at Miami High, and I was elected for the first time in City Commission citywide in 1993. Being Citywide Commissioner, I had to deal with Coconut Grove and all the neighborhoods within the City of Miami. Let me tell you, I've been hearing this same thing now --I went away in 2001. I stay away for 10 years. I'm coming back; I'm hearing the same arguments once and once again. We got to make a decision today, people, because, let me tell you, if we don't take a decision today, this is going to stay forever the way it is. Chair Russell: I agree. I agree. I'd like to do so with a little more robust of a board, so we have the -- I know that the Commissioners do care about this; they spent the whole day here. So I know we've got one in the men's room, but for me, I believe in consensus. I believe in compromise. And Commissioner Gort said this the last time at the deferral, that he wanted to see the sides get together. And I know there is only one side that we're meant to contemplate here today; it's the applicant; it's who becomes the appellant, and the plan that they have, but I don't know that they've ever considered or been willing to consider the other plan. And since there's no other side at this lectern, there's no cross-examination, because there is no intervener who has another plan, it just simply hasn't been considered; instead, you've got a cobbling together of residents, historians, and architects who are yelling to be heard in the two minutes that they can piece together that there is another option that hasn't been considered. But I don't believe that we are held to the State's DHR standards, but we do need -- we are -- it is within our purview to care about it and what the effects of our decision have on our National Registration status. And one of the statements in that letter from the DHR on March 2019 was, "Since the playhouse is a State-owned property" -- the provisions of Section 267.06128, Florida Statutes, related to the resolution of adverse effects -- "apply to the proposed project, this directs State agencies to determine that no feasible and prudent alternative to the proposed demolition or alteration exists, and where no such alternative is determined to exist to assure that timely steps are taken either to avoid or mitigate the adverse effect. " And the letter goes on basically to say that, "The plan, under its current plan, would lead to the removal from the national designation; that it's not consistent with a lot of these standards, " but that there is potential opportunity for it to be acceptable if every other plan has been considered, but it doesn't seem that they ever were. I believe the County had a plan from the start which involved the demolition of the theater, and partial demolition is an option, preservation, but only after you have exhausted all options of restoration, I believe. But I'm not going to send us away here with just a "no. " We have to come to a decision. I believe we have to come to a compromise. And I'm going to pass the gavel to Commissioner Gort and give this a try. Maybe it sticks; maybe it doesn't. Maybe I get a second; maybe I get a third. But I believe we need to come together, and I believe we need to move forward, because there are no villains here. There's a lot of practical plans here that the County has made, but City of Miami Page 97 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 somebody has to be the champion for preservation; somebody has to care about this. And the other reason I passed the gavel is because if we get this wrong, that gavel is going to become the wrecking ball that takes down the last remaining, major historic structure in Coconut Grove that we care about. But the County does have a plan. They do have a budget. They are moving forward with something here, and it's not all bad. So if the compromise is we look at where we do agree, or where all sides do agree, everybody believes in the total preservation of that front structure, that front building. The compromise has been made on the garage, and I do have to give absolute credit to the County; they've absolutely changed their plan to be more in scale in the massing with the surrounding buildings. But I don't believe in the demolition of the auditorium. Commissioner Hardemon, you missed it while, I believe, you were out that our own Preservation Officer believes that it has historic integrity with that auditorium in place, that it has significance, and removal of it has an effect; it has an impact. We are here today to make this decision, which I believe would allow the County to move forward with the preservation of the front building, with the construction of the garage, but we got to keep talking on this auditorium, because I believe preservation is where it should go. The only structure that I could see meriting partial demolition or demolition would be that Coco Lopez Building, which would preclude you from building the garage appropriately, or the plaza next to it, and the retail and restaurant. So it would be my motion to approve the appeal in part with regard to the plan that has to do with the preservation of the front structure and the building of the garage, and the demolition of that building that we call the Coco Lopez building, but to deny in part the appeal with regard to demolition of the auditorium structure. I'm not speaking to what goes on inside, how many seats, who the operator is, who the architecture is. This is simply a hearing about historic preservation. This is not a romantic notion. No matter how much I care about it or what I feel about it; we have a legal responsibility to historic preservation here, and if we get this wrong, we get it wrong forever. It's coming up on its hundredth birthday, and I believe there is a way that we can all work together, and the County can achieve its goals without demolishing the rear theater. So that would be my motion, and I do hope for a second -- Commissioner Reyes: Mr. (UNINTELLIGIBLE) -- Chair Russell: -- and maybe even a third. Vice Chair Gort. There's a motion. Is there a second? Commissioner Hardemon: I'll second. Chair Russell: Thank you, Commissioner. Vice Chair Gort: Second. Commissioner Reyes: Mr. Chair? Vice Chair Gort: Discussion. Under discussion. Commissioner Reyes: Mr. Chair, I heard you, Commissioner Russell, but we're not talking here about destroying the whole building. What we're saying is that we're going to preserve the main part of the building, and there's going to be a new -- brand-new and functionable auditorium. But you also mentioned that there is no other alternative that has been considered. Well, from what I heard -- and I want Mayor Gimenez -- they have been -- have you been approached by somebody else? And what had happened when there were some other people that they were saying that they have a plan, and they were going to get money and funds and all that? What had happened to that? Because I -- the only proposal that I have seen, it is the County. I haven't seen any other proposal. I have seen -- "Well, we are going City of Miami Page 98 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 to raise 140 million" -- "40 -some million. " Why haven't you done it? Been 13 years with that, and nobody has done anything on it. Mayor Gimenez: Commissioner, if I can answer your question, let me repeat what I said when I got up the first time. I -- it was an impassioned speech. I was very impressed. I would have been very impressed had I not heard it for four years. So to say that we have not looked at alternatives is flat out wrong. We've been talking to those people, the same people, for years, and we've been very open. If you can raise the money to do what you want to do, " because it'll undoubtedly cost a heck of a lot more, "we'll be willing to listen to you. " This same Commission, you all, in December of '17, asked the same people, and gave them an ultimate, and said, "Raise $20 million by April. " They raised nothing. And so, we're going to be going back to the same well again; a compromise. First of all, we are not here to build a parking structure. We're not here to just rehabilitate something that's not the theater. Our charge is to bring back world-class regional theater to Coconut Grove. This compromise does not do that. It doesn't assure anything, because it says we can rehabilitate the front building, which I'd love to do, exactly what we wanted, which is the -- what people think is the Coconut Grove Theater, and build a parking garage. That's not our charge. Our charge is to bring back a theater. You know, one of the images that we don't look very much to is actually what is that theater, and what does it look like? And it's not a very attractive piece of architecture right now. The proposal that we have is funded. We have been at this for years and years and years. We have absolutely had our doors open to other proposals. We have not shut the door on them. We have looked at a 700 -seat theater. This same group came with a 700 -seat theater, which, by the way, would have demolished the structure. They would have demolished the auditorium. They had no plans to keep the auditorium, until now it becomes a vehicle to delay us one more time. And we -- like I said, our charge is to bring back theater to Coconut Grove. This is the one plan, the only plan that is viable, that restores the architectural features, that restores what we consider to be Coconut Grove Playhouse back to its 1927 look and feel, and functionality of the front building. It will bring back a 300 -seat theater; modern theater that actually works. It will have a new parking structure. It will connect to West Grove. It'll have parks, it'll have green spaces, and we can get it built. Unfortunately, Commissioner, for four years now, the other group has not shown the financial capability to build anything. They have not shown the financial capability to raise anything, any amount of money; although they say they can raise hundreds of millions of dollars; you know, tens of millions of dollars. We have asked them -- not one cent has been added to this project from anybody else but Miami -Dade County. I would hope you take that in consideration and approve our appeal. Commissioner Reyes: And -- Vice Chair Gort: Thank you, Mr. Mayor. Commissioner Reyes: -- to end, I just want to make one thing clear. With all due respect, Commissioner, in Spanish there is a saying, "No se puede cadar bien con Dios y con el diablo." You see? You -- I mean, what we have here is the only -- either you accept that or you go against it, but you cannot say, "Okay. Partially, yes; partially, no. " You see? You cannot serve two masters the same way, and that is my opinion. You either are with it or you're against it, but -- That's it. Vice Chair Gort: Thank you, Commissioner. Commissioner Carollo: Well, so -- Vice Chair Gort: Any further discussion? Commissioner Carollo: -- that, Commissioner -- City of Miami Page 99 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Vice Chair Gort: Commissioner Carollo -- Commissioner Carollo: -- Hardemon could understand -- Vice Chair Gort: --you're recognized. Commissioner Carollo: -- what was said -- Thank you. Commissioner Hardemon: I heard, "diablo. " Commissioner Carollo: Yeah. I don't want you to think something else was said. This is -- let me give you the more politically correct translation. "You can't serve two masters at the same time. " Commissioner Hardemon: At the same time, okay. But certainly, "diablo" does not mean that. Commissioner Carollo: Well, to some people it does. Commissioner Reyes: That's right. Commissioner Carollo: But I've heard a lot here today. I heard a lot the last time we met in December on this issue, where we gave an -- "A" amount of time for the $20 million that I heard here was going to be raised. I'm going to tell you the one thing that has concerned me the most today here that I've heard from anyone, and that is the nice chap; the gentleman with the $2 million that he claims he's got in his back pocket. I hope that we could afford, Mr. Manager, to send a couple of those police officers that we have with military rifles to get him home safely, because having announced to the world that he's got a couple of million dollars in his back pocket does concern me if he could get home or not. This is Miami, but in any city in the world, that could be a problem. Having said that, I do wish he would have been more successful at raising some of that 20 million early on, which wasn't the case. You know, everyone has their talent. He's more successful in fundraising for people running for office and getting elected, but that doesn't translate always into being able to be a good fundraiser for projects like this. I have heard many fine arguments. I think they're coming all from sincere people. But I'm also a realist enough -- and I'm not going to go into my own history with the playhouse; that's not what's at issue here, but what I am is a realist. And what I see is that if we don't do something today that maybe might not be what everybody wants, but it's certainly going to be something that we're going to feel proud of, it's going to keep the true historic part of the playhouse there, and it's going to improve that whole area of the Grove instead of leaving it as the eyesore that it is now. If we don't do that today, it's not going to happen at all. So I'd rather have a well - thought -out plan that on the financial side is going to work than have nothing at all that is not going to help that part of the Grove in one bit, and this is why I would be voting against your motion, Commissioner. Chair Russell: Understood. Commissioner Gort. Vice Chair Gort: As I was stating before, I served here from '93 to 2001. This conversation and in different plans have been in front of us for 10 years, when I was here for eight years. I went away 10 years. I come back in 2001. I'm hearing the same arguments, the same people with a different proposal. I don't think it's our intention to not declare a -- maintain the historical part of this theater. I think it's very important. We need to do something. I mean, we've had an RFP that went out in the '90s. Some people answered the RFP. We were in court. I don't know how many times we've been in court delaying whatever new idea came up, and that's what I'm telling you. I've seen this. This is the same pictures. I remember, we used to have meetings, late '90s. We used to have it at the theater. Sometimes City of Miami Page 100 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 you got to be very careful where you walk through, because of the structures that were there when you were in the meetings. You know, let's get realistic. I think we all want to maintain our history, and I think we voted for a lot of the (UNINTELLIGIBLE) places to maintain it historical, and this continue -- this can continue to be a historical site, like always, and it should be. And that's the reason why I don't want to delay it anymore. Chair Russell: Commissioner -- I mean, Vice Chairman. And just to clary my motion, I'm not looking to delay or say -- when I said, "Let's keep talking. " By denying the actual portion of demolition, it forces the County to simply adjust that part of their plan to include the original shell and structure. They can change the - Vice Chair Gort: Yes. Chair Russell: --interior to their will. Well, they got to comeback --that's not something the HEP Board weighs in on, but they would need to keep that structure. Beyond that -- and something that was brought up at the last iteration of this appeal, the last meeting, it was stated that the -- this couldn't be bifurcated. We couldn't take half the plan and split it; it would mess up the lease with the State. I've done some research, and I don't believe that to be true. I -- they have not have -- they do not have an approved plan with the State right now. What we agree with them and what they put forth is what will be presented to the State. For them to phase this and start the garage tomorrow, which everyone in the Grove needs right now, would give the time for further fundraising to help do the full plan that would involve preservation of the back building, as well. They can also begin now with the funding they have, without bifurcating, changing the lease, or anything, and start meeting deadlines on the front structure. There are plenty of 1920s buildings out there that are doing just fine, and you know why? Because people keep the air conditioning on, they fix the roof, and they don't let vandals in their homes. We are being pushed into a urgent decision to save this building, because it has experienced demolition by neglect by its current leaseholder, by its tenant, and I don't think that's an excuse for us to say, "Well, we've just got to do whatever they want at this point. " I don't think the threats about the money, I don't think the insulting accusation on our board member, I don't think any of those are appropriate, and I don't think it's part of my motion. All we're talking about is the historic preservation and a compromised plan that allows them to move forward now and do what's important for this community in terms of preservation and the garage, and they can -- they -- but they have to preserve the back building. That's my motion. And they can move forward. Vice Chair Gort: Move it. Chair Russell: This doesn't cripple them, this doesn't stop them, and it doesn't send it back to the drawing board. Vice Chair Gort: Its moved, and it's been second. Any further discussion? Chair Russell: Can I get a -- Commissioner Hardemon: Roll call. Chair Russell: -- roll call for this? Vice Chair Gort: Sure. Yes, Mr. Mayor. You're recognized. Mayor Gimenez: Further comment? Vice Chair Gort: Mr. Mayor, you're recognized. City of Miami Page 101 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mayor Gimenez: If I can comment? Thank you for your indulgence. With all due respect, Mr. Chairman, it sounds very good, except you don't have the money, we don't have the money to save the shell. So when you look at the entire plan -- this has always been about the financing. The money is not there to save the shell. Even if it were there to save the shell or the auditorium component, it does not work for modern theater. The fly -- what do you call those -- the fly tower, all right, would be -- would have to be elevated, because the current fly tower isn't tall enough. The elements -- there are elements that have to go through the roof, the ceiling, and there are truss members there. It doesn't work. That theater will not work in its current -- in the current auditorium, and there's not the money to do it. And so, again, it's -- I know it's -- you have a good intention, but it doesn't pass the -- it doesn't --financially, it doesn't work. Vice Chair Gort: Thank you. Any further discussion? Commissioner Hardemon: One last (UNINTELLIGIBLE). Vice Chair Gort: Yes, sir. Commissioner Hardemon: I would say that I admire our Chairman's zeal for historic preservation and there's a lot of discussion about -- and obviously, what's been presented to us most -- about what has been historically significant regarding this site is this front building. I think, after much discussion, we've come to the agreement that there are more than one structure -- there's more than one structure on this site. And, you know, I think there is -- there was a bit of ambiguity in what structure was it that was needed to be partially demolished in the resolution that the HEP Board passed. This is especially true where we're describing that there are multiple buildings and -- in fact, one of the buildings, which is the front facgade -- which includes the front facgade, that when most people think about the theater, they see, I would have thought that that would have been what was going to be partially demolished, but it is not. I mean, I think in --just in plain reading of things, there was not even a true -- especially in -- once we've gone through -- and the details of it all -- we've -- we look at Paragraph 11 on Page 2, there is, in fact, no demolition permit, and that's probably why the County or the -- those bodies did not partially demolish any of these structures, because I found in what I've seen is that any time there's a demolition permit, they get to demolishing, because having a building there that could possibly be stopped by a body like this from being demolished, because we have an interest in necessarily preserving structures is not in your best interest. You -- the moment you get the approval, you use it because you could, you know. If you don't believe you have the approval, you could lose it. So, you know, I look at the demolition of this thing. Its very interesting concept. So I really do admire the Chairman and what he's trying to do. We have a structure in Overtown that is about 400 seats, that is a historic theater, and it's called the Lyric Theater, and but for some work from really, I mean, a historian in our community, that theater would be gone. At the time that it was rescued -- and this was with the help of Miami -Dade County and Mr. Michael Spring, so I will acknowledge that. This is a theater that was saved, but what's interesting about it is that -- and, you know, things have been added onto it. We have some ojfice spaces, where the Southeast Overtown/Park West Community Redevelopment Agency houses itself today. It has a wonderful outside courtyard area, where we have events out there. It is a space that is now giving people a reason to come back to that space, and had it been lost, it would be tragic. And there are a number of structures like that that are in Overtown that we have preserved; the Clyde Killens Pool Hall. I believe that the X -Ray Clinic is going to be next. The Lawson E. Thomas building has been stabilized, and we look to redevelop that space. Chair Russell: Dorsey. Commissioner Hardemon: Of course, the -- Yeah, the Dorsey Library. I mean, City of Miami Page 102 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 that's a wonderful project that we've kept. The people call it the Black Police Precinct, but I think what was most unique about it was that you had a black judge that was in that space, so it was the first black courthouse, where you -- you know, you had a black judge presiding over issues for black people; where you had people who were not considered policemen, but they were of color. They call patrol, but I think (UNINTELLIGIBLE) they called them at that time. They were allowed to make arrests, and put their arrestee on a bicycle and brought them to the jail there, until the City of Miami recognized that they could no longer keep officers separate because of their color, and the City of Miami just didn't have the budget to keep it going. And so, they allowed police officers to -- black police officers, or patrolmen, to join the police force. You also have the church that's on 3rd Avenue. You know, that was a historic preservation project. Right now it is one of the venues in Overtown that provide training to the residents, so they can learn hospitality skills and such. So you have structures that have a fiscal role, I think, in the community, but then you also have structures that have just a historical significance role. We just finished also renovating and preserving the -- our first black millionaire's home -- right? -- in Overtown. I mean, this gentleman owned Star Island. It would have been named after him, had it not been taken, I guess, from Miami -Dade -- by Miami -Dade County. So, you know, these are wonderful things that I think when people understand what they truly mean to a community, they're going to drive tourism, they're going to drive traffic, they're going to drive people to a space. And I'm not saying that this space is a space that people need to be drawn to, but I'm sure it would be appreciated. And so, when I look at all of this, I can understand why the Chairman would want to preserve, but I also understand why our County Mayor and his staff want to use the dollars that they've had -- that they've collected to restore, to build new structures, to add a life, to give this space some opportunity to really do something positive. I mean, there are many spaces I believe, for instance, in parts of my district that need that type of support. I'm an advocate for it, actually. So when I think about some of the things that the County has done or is doing in parts of my district, where we don't have a strong base for commercial development or for theater, or for all these things, and, you know, instead, we're getting buildings that are going to provide -- and I don't know; Mayor probably doesn't want to hear anything about dogs and cats -- but free spading and neutering in neighborhoods where -- you know, I can't buy a dog collar, but can get one for free, and I think those types of things don't do anything beneficial for a neighborhood that is -- should be on the rise instead of on a further decline. And so, I welcome the construction of new structures. Instead of building a place to where I'm giving things out for free, I'll build a structure that has a two-story commercial element and let people with small businesses move in them, because they can't afford to build the structures on vacant land I think those are the things that we need to be doing; really trying to use spaces to reinvigorate a community. (UNINTELLIGIBLE) obviously, the Grove is not one of those places that necessarily has lots of vacant lots that need -- well, I'll put that differently. The Grove is a space that people want to live. The Grove is a space where the land value is steadily increasing. The Grove is a space where I think people will continue to come, no matter which way that this building or these buildings are constructed. And so, I've never been to the theater. I don't even know it was a space for black people back in the day. Chair Russell: It was not. Commissioner Hardemon: I can imagine so. Maybe if you -- could you park cars? Maybe you could park cars. Chair Russell: They could build it. The Bahamians built it but were not allowed in it until 1974. Commissioner Hardemon: Okay. I've heard of spaces like that before. So, you know -- but it's -- but you had people of color come here and describe how City of Miami Page 103 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 important it is, the architecture was to the community; how important it was to have that theater there, even though they couldn't participate back in the day when it was, I guess, significant to the community that visited it. In fact, I think I remember one of the presentations -- in the presentation they -- the whites who were actors were performing in black face, right? All these things still lead someone who is of color to say that I was significant. The building was historically significant. The structure was historically significant. " And so, that's why I think that I'll lend my support to the Chairman, because I think it's an opportunity -- Now, the Mayor says that I know for a fact -- and this is the difference between I think the last time I heard about this and the first time. The Chairman says that he's not saying on the inside how many seats you need to have, how it needs to be built out. He's saying that the structure itself, the outer structure, should include the preservation of the old -- I guess that -- it would be the theater. Chair Russell: Auditorium. Commissioner Hardemon: Oh, the auditorium? Okay. The last time I heard about this, they were saying that the auditorium had to hold so many seats, and then that was not financially feasible. But I don't think the research has been done to determine whether or not just the structure, which has been described on the record are outer walls, possibly a roof -- I could imagine it, because at the -- in the Lyric Theater, the roof was not there. So what was, you know, structurally important there were the walls. That's what made it what it was. And then there was a facgade on one of the walls that was put by one of the lawyers -- Oh, no. It was the -- or maybe the architect that, you know, was easily recognized as what -- the theater entrance, et cetera. So I don't think that much of what the Chairman is asking is a hard lift, and I think it has to come back to -- it probably has to go back to the HEP Board to determine what is the next step, because we've given some direction towards it. And so, at least at this juncture, where there hasn't been any significant, real, true research into what it will cost to keep the walls of the theater, I'll vote with the Chairman. Mr. Kerbel: Commissioner, may I respond? Vice Chair Gort: Excuse me. You got to go through the Chair. Mr. Kerbel: Sorry. Through the Chair. Vice Chair Gort: My understanding, the presentation today has shown that the middle part of the theater has had some --a lot of changes taking place. That's one of the reasons that we discuss it; that they lost some of the historical value, the middle of the shell, because all the different change that have taken place. Unidentified Speaker: That's right. Vice Chair Gort: So -- Commissioner Hardemon: But that's -- Vice Chair Gort: (UNINTELLIGIBLE) -- Commissioner Hardemon: -- why Mr. -- that's what I was describing. When I saw the pictures and everything that was described on the record, where the seats -- how the seats were added, and the columns were moved, and you had a second balcony that was added, it really perverted the interior, but as I heard on the record, we're not here to discuss the interior; we're just talking about the exterior structure. So I think that was like a -- almost like a fine-tuning of what the argument was about, and I just -- that's what I heard. You know, I'm not nee -- I City of Miami Page 104 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 think that's something that we all should consider, but surely, I mean, we're allowed to vote the way that we want. Commissioner Reyes: And I'm going to go a step forward -- I mean, farther [sic]. The Chairman is basing his decision and his motion on the opinion of the HEP Board. And right here we have -- there have been -- I mean, have been determined that it's not the original; it's not the original auditorium that has been renovated, that had been changed, and all of that. And I don't know what criteria does the HEP Board has, and I'm going to ask them. That they say that it has so much historic value, okay? Whatever -- whoever is going to come in there and is going to renovate there, they will have to turn it down, because according to engineers, it is not feasible to do it. I think that what has been presented is logical and it is manageable; also, I think it's sustainable. And one thing that I'm very afraid of is - - and I want to have the commitment from the County that the City of Miami will not subsidize any operation of that theater -- I mean, the playhouse, because as you well know, every time that the City of Miami, we have engaged in any, any ownership of any venue, theater, James L. Knight, we had always subsidized it, and you know that too, because -- Mayor Gimenez: Yes. Commissioner Reyes: -- the County is subsidizing the Arsht Center, you see. Mayor Gimenez: Yes. Commissioner Reyes: I mean, how much -- Mayor Gimenez: You are, too. Commissioner Reyes: Huh? And I am too -- Mayor Gimenez: You are too. Commissioner Reyes: -- because with my taxes, I'm subsidizing it. Mayor Gimenez: No, no. I'm saying the City is, too. Commissioner Reyes: That the City too, but -- Mayor Gimenez: I think the global agreement has the CRA giving to the -- Commissioner Reyes: Paying taxes to subsidize all of that. And I want something to be built that is sustainable, that it is attractive, and I am very much for historic preservation for those buildings that have history and should be preserved, and they're functional. You see? Mayor Gimenez: We -- Commissioner Reyes: I'm all for it. Mayor Gimenez: -- will stipulate that -- Vice Chair Gort: Excuse me, excuse me. Thank you, Commissioner. You're recognized, sir. Mayor Gimenez: -- the City -- the County will not be reaching out to the City for any operational support if the County's plan is approved. Commissioner Carollo: Call the question, Mr. Chairman. City of Miami Page 105 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Vice Chair Gort: Okay. Thank you. Roll call. Todd B. Hannon (City Clerk): Roll call on Item SP. 1: Commissioner Carollo? Commissioner Carollo: No. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Nope. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: For. Mr. Hannon: Commissioner Russell? Chair Russell: Yes. Mr. Hannon: Commissioner Gort? Vice Chair Gort: For the reasons stated before, no. Mr. Hannon: The motion fails, 2-3. Commissioner Carollo: If I can make a motion of approving the County's request. If I need to word it in any other way, Mr. City Attorney? Mr. Greco: It would be a motion to reverse the decision of the HEP Board and approve the County's Certificate of Appropriateness, pursuant to Chapter 23. Commissioner Carollo: Okay. Mr. Garcia: And may I request that the conditions that were set forth in the record be added? I don't think there are any objections from the applicant. Vice Chair Gort: Right. Can we have some amendments to make sure that it's maintained historical? Mr. Garcia: They're on the record, sir. Vice Chair Gort: Okay. Commissioner Carollo: Okay. So there's a motion; you heard the City Attorney. It will be with the amendment the Planning Director stipulated that the Mayor offered. Is there a second? Commissioner Reyes: Yeah, second. Commissioner Carollo: There's a second. We've done all the discussion we can, and we got a long day tomorrow, also. Commissioner Reyes: Yes, sir. Commissioner Carollo: Can we call the question? Commissioner Hardemon: But you know I like seeing you here, Commissioner Carollo. Why not talk more? This is the only time we can talk in person, you know. Let's do this. City of Miami Page 106 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Commissioner Carollo: I appreciate that, my Chairman. You're my favorite Chairman out of all the Chairmans [sic] we got here. Commissioner Hardemon: He says that to all the Chairmans [sic], don't worry about it. Commissioner Carollo: That's an in-house joke. Commissioner Hardemon: That's what he told me (UNINTELLIGIBLE). Commissioner Carollo: That's an in-house joke. Chair Russell: My only concern -- and I just have one comment. You did get a second, correct? Commissioner Carollo: Yes. Chair Russell: Seconded. Discussion, Vice Chair? Vice Chair Gort: Sure. Chair Russell: The bond that was approved, if it's -- if the wording in the ballot was "reconstruct" and "restore, " does this plan follow that, and is it open to challenge that this bond is being allocated to reconstruction and restoration if demolition is the plan? Mr. Kerbel: As I mentioned in my presentation, our view has long been that this project is completely consistent with the bond referendum. Commissioner Carollo: Well, as I found out coming back to the City, any fool that wants to throw money away could challenge anything, and I see that happen all the time. Commissioner Reyes: I would like -- Commissioner Carollo: Even for mental anguish, they want $10 million these days, because they stay up all night, they claim. Commissioner Reyes: Can I make an amendment that if it is accepted, that the City of Miami will not incur any costs of operations or construction? Commissioner Carollo: Well, that was offered by the County, but if you want to -- Commissioner Reyes: I want to make it clear. You know, it's trust, but verified. Mayor Gimenez: We agree. Commissioner Reyes: That's it. Okay. Commissioner Carollo: So the amendment will be -- Mayor Gimenez: I'm sorry. Excuse me. Is the Miami Parking Authority included in that? Because they're apart of this deal. Commissioner Reyes: No. Miami Parking Authority is an independent agency. Mayor Gimenez: Fair enough. I'm talking City of Miami, any operational -- Commissioner Reyes: City of Miami operational -- City of Miami Page 107 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mayor Gimenez: -- construction -- Commissioner Reyes: -- construction will not incur a single penny. Mayor Gimenez: We agree to that. Commissioner Carollo: Okay, I accept the amendments. So it should be the amendment as stated by Commissioner Reyes, along with the proffer by Mayor Gimenez for the County, that they will bear all the costs. So this way, it's clear from us and it's clear from them; it's clear to everybody. Chair Russell: Thank you. Commissioner Carollo: Call the question. Chair Russell: There's been a motion and a second. For no further discussion, I'd like a roll call, please. Mr. Hannon: Do you have the gavel back now? Chair Russell: I do. Mr. Hannon: Okay. Thank you; just want to make sure. Roll call on Item SP. 1: Commissioner Gort? Vice Chair Gort: Yes. Mr. Hannon: Commissioner Hardemon? Commissioner Hardemon: Against. Mr. Hannon: Commissioner Reyes? Commissioner Reyes: Yes. Commissioner Hardemon: Commissioner Carollo? Commissioner Carollo: Yes. Mr. Hannon: Commissioner Russell? Chair Russell: No. And that was "against" or a `yes"? I couldn't -- Commissioner Hardemon: I don't say ' yes. " Chair Russell: You said 'yes " or you said "against"? Commissioner Hardemon: I never say 'yes. " Chair Russell: Oh, you said -- you say 'for " or "against, " is that correct? Commissioner Hardemon: That is correct. Chair Russell: So that was marked as an "against. " Mr. Hannon: Motion passes, 4-1. Chair Russell: No, no, 3-2. `Against" is what he said. City of Miami Page 108 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Mr. Hannon: You said "against. " Commissioner Hardemon: That's what I use. Chair Russell: He never says `yes, " and he never says "no. " He says `for, " and he says "against. " That's why I asked for a clarification. Commissioner Hardemon: You've been with me for six year; just six years. Mr. Hannon: Okay. Motion passes, 3-2. Chair Russell: Thank you very much. Mayor Gimenez: Thank you for your time. (Applause) SP.2 ATTORNEY-CLIENT SESSION 5843 UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA Office of the City STATUTES, A PRIVATE ATTORNEY-CLIENT SESSION WILL BE Attorney CONDUCTED AT A SPECIAL MIAMI CITY COMMISSION MEETING TO BE HELD MAY 8, 2019, AT 9:00 A.M. THE PERSON CHAIRING THE CITY OF MIAMI SPECIAL COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY-CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC AND FLAGSTONE DEVELOPMENT CORP. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 9:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEN RUSSELL, VICE- CHAIRMAN WIFREDO "WILLY" GORT, AND COMMISSIONERS JOE CAROLLO, MANOLO REYES, AND KEON HARDEMON; CITY MANAGER EMILIO T. GONZALEZ; GONZALO DORTA, ESQ.; MATIAS DORTA ESQ.; LAURA BESVINICK, ESQ.; AND JULIE NEVINS, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE-CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY-CLIENT SESSION, THE SPECIAL COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE SPECIAL COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY-CLIENT SESSION. RESULT: DISCUSSED Chair Russell: Good morning. I'd like to welcome County Mayor Carlos Gimenez. Thank you for being with its this morning; you're very welcome. And at this time, the City Attorney will read the statement with regard to the shade meeting we have to do, yeah? City ofMiami Page 109 Printed on 11/25/2019 City Commission Meeting Minutes May 8, 2019 Victoria Mendez (City Attorney): Thank you, Chairman. I'll read the procedures after while you're all going up just to save some time, but this is the script for the attorney-client session. Mr. Chairman and members of the Commission, pursuant to the provisions of 286.011(8), Florida Statutes, at the City Commission meeting of April 25, 2019, I requested an attorney-client session, closed to the public, be held for purposes of discussing the pending litigation in the matter of Flagstone Island Gardens, LLC (Limited Liability Company) and Flagstone Development Corp. versus City of Miami, Case Number 17-13829 CA 44, pending in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade County, to which the City is presently a party. The subject of this meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. The meeting will begin at approximately 9:30, and will conclude approximately one hour later. The session will be attended by the members of the City Commission, which include Chairman Ken Russell, Vice Chairman Wifredo Gort, Commissioners Keon Hardemon, Joe Carollo, and Manolo Reyes; City Manager Emilio Gonzalez; Attorneys Gonzalo Dorta, Mattias Dorta, Laura Besvinick, and Julie Nevins. A certified court reporter will be present to ensure the session is fully transcribed, and the transcript will be made public upon conclusion of the litigation. At the conclusion of the attorney-client session, the regular Commission meeting will be reopened, and the Chairman will announce the termination of the attorney-client session. Thank you. Chair Russell: Thank you, Madam City Attorney. And so, just to translate all that, we'll be back as soon as possible. The Commission is going to meet in shade. That's where the Commissioners deal with legal strategy with our counsel and Administration, but that shouldn't take too long, I hope, and I appreciate your patience, but then we'll have full time to address the main issue of the day. Thank you very much. We'll be back soon. NMI MEN film ►yil;IQIl►[L7 ADJOURNMENT The meeting adjourned at 7:27p.in. City of Miami Page 110 Printed on 11/25/2019