BHA News, Vol. XV, No. 1 Spring 2005
Brickell
Park Secure? Developer’s Plan Could Resolve Legal Limbo
The saga of Brickell Park, the City of Miami,
the Brickell family and the fate of the historic narrow patch
of green on Biscayne Bay seems to be on its way to resolution.
Several players are involved, but it was The Related Group’s
vision for the entire area that brought the matter to the table.
As the new owner of the Brickell Point Sheraton
property, The Related Group wants to see preservation of the
public, struggling-to-be-park parcels to the north and south.
The Related Group’s plan seems to be a way to assure public
access to them long into the future, while at the same time ensuring
condo residents clear views in both directions.
“We think there’s a unique opportunity
to change this quadrant for the betterment of everyone,” Bill
Thompson, executive vice president of The Related Group, said
of their “Icon Brickell” plans at 495 Brickell Avenue.
To the north is the 95,000-square-foot property
along the south bank of the mouth of Miami River where the archeological
Miami Circle is located. Believed to be the remains of a structure
built by the Tequesta Indians, debate remains among archaeologists,
public officials and others over how to best preserve the Circle
and exhibit it to the public. Whatever form the site takes, the
land is now government-owned and will not be commercially developed.
And to the south is Brickell Park, control
over which has been the subject of legal dispute between the
Brickell family and the City of Miami for years. The 2.2-acre
park has been threatened with development, however, human remains
found there seemed to have largely doused developer dreams. At
the same time, even with the little amount of green space Miamians
have in the area, the park is under-utilized and its maintenance
badly neglected over the years.
Situated in the middle, is the 5.1-acre 495
Brickell Avenue property. The 598-bed Sheraton will give way
to The Related Group’s three towers of mixed-use development
including 1,800 condo apartments, retail, restaurants, perhaps
a hotel and some office space. As part of their plan, The Related
Group wants to construct a baywalk along the Biscayne Bay seawall
from within the park, through their development, around Brickell
Point and the Miami Circle to Brickell Bridge. They’d like
to get First Presbyterian Church to the south of Brickell Park
on board as well which would complete the baywalk from 7th Street
to the Brickell Bridge.
The Related Group approached both the Brickell
family and City officials with the idea of the company picking
up the tab to create the public baywalk. In exchange, the Brickells
reportedly got “several million dollars” and the
company is asking the City for a temporary construction easement
on a portion of Brickell Park. They’ve also asked for the
deeding of 8,000 square feet of Brickell Park to improve the
turning lane and traffic capacity at their property entrance
and to straighten a property line. In addition to constructing
the entire baywalk, The Related Group would re-landscape the
park and deed it to the City in perpetuity.
The City is in full agreement with the plan,
and both the Brickell Area
Association and BHA have endorsed The
Related Group proposal.
The Related Group has many high-rise luxury
condominium developments currently underway or soon to break
ground, however this is the largest. Other Related projects include
One Miami, consisting of 900 units; Lofts Downtown and Lofts
II with 200 and 500 units; The Plaza at 851 and 901 Brickell
Avenue with 1,000 units; 500 Brickell Avenue with 630 units,
and 50 Biscayne with 550 units. The Mark Yacht Club on Brickell
Bay, a BHA member association, was developed by The Related Group
and completed in 2001.
The company’s plan for 495 Brickell
Avenue is for three condo towers ranging between 45 and 60 stories.
The average unit square footage will be about 1,200. The first
building might be brought to market this spring and break ground
in late 2005, Mr. Thompson said. Timing on subsequent towers,
and the decision about whether to include 100 hotel rooms in
the front building will be determined according to market factors
at the time.
“We’ll build them as fast as we
can sell them,” he said. “We have the financial clout
to go to banks and do it. We have a reputation for building things
quickly because time is money. Could be accelerated or delayed.”
He said they would be selling the units in
the $400 per square foot range, which is still a good deal compared
to coastal properties in other major U.S. metropolitan areas,
which he said can go for $1,000 per square foot.
The latest City of Miami large-scale development
report shows some 57,000
condominium units in the
development pipeline with 37,000 of them in the Downtown
NET area and Coral Way NET
area. With the this latest
project, The Related Group is responsible for more than 10 percent
of
the 57,000-unit Miami total.
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Latest
Traffic Study – The Be-All and End-All of Traffic Studies – Underway
by FDOT
When you review what this association
has reported about transportation
and traffic improvement in
the Brickell area over the
past 10 years, there’s a lot
of excitement reflected in
BHA News stories. But in
just about every case, for
some reason or another, the
cause for excitement never
quite panned out, or maybe neighbors have just
grown weary of waiting. The
two-waying of Eighth Street.
The “Don’t
block the box” intersections. Increased signalization or
other ways to slow traffic
down. None of those things
have happened and cars keep
zooming by.
So, when the
Florida Department of Transportation invited everyone to an open “kick off” meeting
in February to present their plans for yet another study, many
found excitement hard to
come by. Clearly it meant that
all the plans residents had heard about, liked and expected,
were being reconsidered all over again.
At the same time more residential
units are being constructed and traffic in and through the area
is increasing on a daily basis.
But, this study, the expectant
audience of 60-75 people were told, is to be the granddaddy of
all studies.
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FDOT representatives presented their plans for a study to
develop a plan to improve
Brickell Avenue |
“I know many of the various bodies have studied this to
death, but now we’re going to conduct a comprehensive study...it
will have legs,” Andre Goins, P.E., FDOT’s project
manager said.
Get in on the Research
The
Project Development and Environment
(PD&E) Study is looking
at ways to improve Brickell Avenue, for 1.7 miles, from SE 25th
Road to SE 4th Street (Brickell Bridge). It is important to note,
however, that all changes or enhancements considered cannot be
in conflict with the restrictions imposed on the thoroughfare as
US 1, a federal highway. Pavement surfacing, safety, access, signalization,
landscaping and street lighting are all being examined in a process
that is slated to be complete in November. The study, FDOT explains
in their literature, combines an “integrated effort involving
engineering analysis and environmental
evaluation... and a pro-active
and continuous public participation program.”
That’s
where neighbors come into the picture. The FDOT is inviting any
interested residents to participate on one of its
community advisory committees.
Mr. Goins urges those who are interested in finding solutions
to participate.
“Be on the front end, so you can have a positive experience
with the FDOT,” he said. “You’ll be our sounding
board.”
|
|
Andres Goins, P.E. |
Miami Police Chief John
Timoney |
Police
are on the Scene
Miami
Police Chief Timoney was at the kick-off to show his department’s
support of the FDOT efforts.
He said the police are conducting
their own study as well, and pledged to be part of the solutions,
even if that means more police
forces need to be deployed
for traffic control.
“Where
you can’t get ahead with technology or more space,
you need traffic officers
on the ground level,” Chief Timoney
said.
Chief Timoney
also shared a surprising
statistic. He said that when he came
to Miami a few years ago,
Miami was the only city in American where
people got killed by cars
more than by guns and knives.
In
response, he said the Miami
Police took on a serious
enforcement effort and issued “tens
of thousands of summons
so that it decreased from
75 to 63 to 52 deaths per year
by automobiles.
The Urban
Environment is More than
Just Cars
FDOT officials promised
they wouldn’t be looking at the issues from just
the motorists’ perspective,
but also from the vantage
point of pedestrians and others using
Brickell Avenue and
arterial roads.
“All of
these studies are aimed at bringing about a
balance. We want to ensure that the vehicular flow is better, but also enable
the urban
environment to thrive.”
Anyone interested
in participating on a citizen’s committee is asked to contact Andre
Goins to learn more: (305) 470-5208 or
andre.goins@dot.state.fl.us
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 PRESIDENT'S COLUMN
by T.
Sinclair (Tory) Jacobs
Who’s the boss? You are!
Where does BHA get its Agendas? From its members. Directors and
Members at Large. Usually at Board Meetings. Often by email. BHA
members raise issues, cite problems, make suggestions and seek
quality of life improvements.
Brickell condominium
owners sometimes approach
through their own condo’s Board Representative, but quite
often contact BHA’s
Communications Director or
other BHA officers with their
ideas and requests. We are
easily approachable.
Each member condominium association appoints its representative
to the BHA Board and these representatives automatically become
the BHA Directors. Annually, at the February Board of Directors
Meeting, the Board elects officers to serve for a year.
The matters that most often engage the BHA Board relate to neighborhood
needs and governmental relations since public officials are usually
positioned to serve these needs, solve our problems and improve
our quality of life.
The BHA Board is not concerned with individual condominium association
management or governance, or relations between adjoining members.
In the past, on several occasions, the BHA Board did try to facilitate
joint purchasing of supplies and services to effect cost savings.
Each attempt failed to get sufficient support, most likely a reflection
of everyone having their own priorities and sets of circumstances.
To broaden BHA’s
community involvement, an Associate Membership classification
was established
which is open to neighborhood
property owners that are not condominium associations. Associate
Members
include churches, hotels and
developers active in the Brickell
Neighborhood. We also maintain an exchange membership with the
Brickell Area Association which
represents the interests of
the Brickell business and professional
communities.
Our residents, our Board members are all invited to
suggest subjects for Board
and Executive Committee meetings, petitions and for articles in
the quarterly BHA News. We will endeavor to
book presenters at the meetings
who are well qualified to enlighten us and who may be helpful in
solving the specific problem at hand.
We will renew
our commitment to tackle issues that confront our community,
continuing to fulfill our mission to protect and enhance
Brickell’s quality of life. So, you see, you are the boss.
Speak up!
LET US HEAR FROM YOU
. . . |
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Commissioner
Gimenez Shares Outlook and Plans
Commissioner Carlos A. Gimenez, elected to the Miami-Dade County
Commission in November, shared his concerns and vision with BHA
directors at their January meeting. Infrastructure to accommodate
the growth in the Brickell and Downtown areas was top of mind for
neighbors who wonder how all the new people filling the high rises
are going to get around on already-clogged roads. They wonder where
children are going to go to school.
|
| Miami-Dade
Commissioner Carlos A.
Gimenez whose
district includes a large
portion of BHA member associations. |
“There
is a need for more schools,” Commissioner Gimenez agreed. “The
original influx in this area
was folks without kids, but
I think a lot of younger families are attracted to the city.”
He pledged
to work for solutions, saying “I ran on getting closer ties to the
school system so that when development happens,
that infrastructure happens.”
Commissioner
Gimenez was optimistic about positive
changes coming about
in the Downtown area, also referred to as the Central
Business District. New
amenities are being established
and he said that he believes
the area will soon reflect a better mix of
stores of interest to
residents.
“I’m
fairly confident that in five to 10 years Flagler and Downtown
are going to
look differently. Not just tourist shops, but places for residents. It’s
already happening on the south side of the River.” [The City
of Miami broke ground recently on its “Flagler Streetscape” Downtown
core enhancement project.]
Commissioner
Gimenez has three weighty committee
assignments. He is
serving on the Infrastructure and Land Use Committee, the
Intergovernmental
Cultural Affairs Committee and
is chairing the Transportation
Committee.
The Brickell
Neighborhood PAC supported Commissioner
Gimenez’s candidacy last fall. BHA
had a strong working
relationship with
him and his staff when he served as Miami City Manager.
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LEGISLATIVE WATCH
Condo Ombudsman Lacks Resources
for the Job The
Condominium Ombudsman job to arbitrate disputes involving condo
associations
and owners was established
by the Florida Legislature last spring. BHA supported
the creation of the position
with the proviso that it be adequately funded. But, that didn’t
happen, the half a million dollars in funding didn’t go
with the department’s formation and there aren’t
six staffers. There’s just one reportedly overwhelmed Ombudsman,
Virgil Rizzo.
Dr. Rizzo, a
retired physician and attorney
from Fort Lauderdale, was appointed by Governor
Bush to speed up the process
of investigating complaints and resolving
disputes among boards and
owners, out of court. But,
the final State budget failed to allocate adequate funds for
the
office.
Soon after Dr. Rizzo took
on his new role at the beginning
of 2005, reports in the media discussed
the lack of resources he
had to handle hundreds of
emails and calls every week.
Historic Weakness
Lack of resources was considered
a large part of the problem
before this position when
the responsibility rested
with the Division of Florida Land Sales, Condominiums and
Mobile Homes (DFLSCMH),
which
was historically and notoriously
slow in arbitrating condo
clashes. The division got “the
new Ombudsman Office to cut the turnaround time in half,” Senator
Margolis told BHA board members
in June.
“The ombudsman
will train condominium boards and represent groups
of condominium owners to try to alleviate any problems before they go to court,” Senator
Margolis said. “Everyone
is going to have an opportunity
to be heard more rapidly.”
In the past,
there have been different
perspectives as to whether inadequate
funding, too few staff,
lack of training, poor management
or lax enforcement
caused such an inefficient
and ineffectual DFLSCMH. Some have suggested
that the division’s responsibilities have been conflicting,
too diverse and cumbersome,
and that was a cause
of its bureaucratic crawl. The promise was the new ombudsman
office would be able to
resolve disputes faster
without court involvement
for Florida’s
more than one million
condominium units.
The 2005 Session
The ombudsman role,
along with 20-some
other new measures,
were put forth by Representative
Julio Robaina in the
2004 legislative session. He cited findings
of condominium boards
out of control and run like dictatorships in his travels
around
the state. Only a
few
of the original measures
proposed were adopted
by legislature last
year, but reports
are Representative
Robaina has condominiums
on his agenda again
this year. It was reported by The Herald that he said he
will
be advocating for
adequate
funding for
Dr. Rizzo’s office, as well as giving him subpoena
powers. He’ll be championing this measure in the
session currently underway.
None of the
BHA Board members had heard
about or participated
in the hearings
that precipitated the Robaina
bill last year. The Condo
Ombudsman can be reached
in Tallahassee at (850)
922-7671
or by e-mail at
Virgil.Rizzo@dbpr.state.fl.us
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Construction
Noise Out of Range?
If you have
complaints about construction noise, please contact a NET Administrator,
either Eddie Padilla for the Downtown NET
or Haydee Regueyra for
Coral Way NET.
The NET Administrators
will want to know the
time, day and source of the noise.
While time waivers
are granted to developers for cement pours that have to
be continuous in order to
be successful, Eddie
and Haydee said they want to hear about other
early or late noise problems
so they can monitor
each developer’s performance and compliance with
City ordinances.
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Seeing Double?
BHA Receives Two Awards for Service
from Brickell Area Association
Brickell Homeowners Association President
Tory Jacobs was proud to
receive two awards on behalf
of BHA from the business group, Brickell
Area Association. One
award
was for the BHA’s continued commitment to the Southside
Elementary School’s annual holiday toy drive. The other
award was for BHA’s ”many years of support and
service to the Brickell business
community. ”
The Toy Drive recognition
read: “The super conscious self
is like a genie within you
who, when called upon,
performs beyond the limits
placed upon your natural
or normal self. Strive for
the best; settle for nothing
less--your contribution
has touched the lives of
many."
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Area
Developers Share Their Visions
with BHA
BHA
Directors met with developers in the
Brickell area to hear about
their plans and progress on their mixed-use and condo projects.
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George
Giebel, of Constructa,
developers of Mary Brickell
Village |
Evangeline
Gouletas, developer of
Skyline on Brickell,
and the condominium component
of Mary Brickell Village |
Mary
Brickell Village is
slated for its grand
opening in October
or November. The property
will consist of retail
stores, restaurants
and
entertainment options
including a Publix
Gourmet Market, P.F.
Chang’s,
The Oceanaire Seafood
Room, Blu la Pizzeria
de Sole, an upscale
Bally Total Fitness...80-some
tenants slated to start
arriving in summer.
There
will be valet parking
and a 1,000-car garage
to accommodate shoppers
and dinners. The residential
part of Mary Brickell
Village is being developed
by Skyline Equities Realty. |
|
|
Rick
Cortez, Sales Manager
for Isola Island Residences
on Brickell Key |
Joel
Hoffman, Executive Director
of Vizcaya, provided
the perfect grand backdrop
for the evening. |
|
|
NET
Administrators Eddie
Padilla and Haydee Regueyra
explained how they work
with developers to try
to minimize disruption
to residents. They stressed
that for noise or other
concerns relating to
projects they should
be contacted. |
BHA
Chairman Herb Bailey
and Alan Ojeda of Rilea
Group, developers of
Park Place at Brickell |
|
BHA
Officers with Mayor Manny
Diaz at Vizcaya (from
left to right): Mac Seligman,
Berdie Archer, Tory Jacobs,
Ernesto Cuesta, Mayor
Diaz, Al Maloof, Herb
Bailey |
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BHA Legal
Counsel Team
Melvin
F. Frankel has graciously
agreed to take on the role
of BHA General Counsel. He is taking on the pro bono job after
15 years of legal
leadership from BHA founder
Henry Taylor, who has left
the Brickell area and moved to Miami Beach. Mr. Frankel will
be backed up
by Attorney Ron Smith who
has been a stalwart supporter
of BHA for many years.
Along with serving as pro bono Deputy General
Counsel for several years,
Mr. Smith has served as the
BHA representative to the Airplane Noise Abatement
Task Force, with several
years of dogged attendance and devotion on
a frustratingly slow moving
assignment.
BHA extends
its sincere thanks and
appreciation to Henry Taylor for all his years at
building
the organization and providing
sage advice, and thanks
Mr. Frankel and Mr. Smith
for stepping up to the plate to assist BHA neighbors.
The next issue of BHA News
will provide an in-depth
look at both volunteers,
and life in the legal lane. back to top
Bikes
on Brickell Limitation Under
Consideration
BHA passed a resolution a year ago
to limit bicycles to the
sidewalks of the west side
of Brickell Avenue only and
prohibit them on the east
side. The resolution was made in an attempt to
improve the safety of the
sidewalks for the many walkers,
strollers, joggers and others
using the same path. City of Miami
officials supported the resolution
and have adopted a similar
ordinance for parts of Southwest
Eighth Street.
Miami Commissioners were just about to pass
a similar ordinance for Brickell Avenue when Miami-Dade
County officials and David
Henderson, who is in charge
of bike paths throughout the county, asked for a time-out. It
seems that
the east side, with the wider
sidewalks, was made that
way as part of the official county bike path. The county has
an interest, and
a financial investment, in those
sidewalks. Discussions
are underway...
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Brickell Area Gets New Police Commander
BHA welcomed
the new Miami Police commander
for the Coral Way NET area, David A. Rivero. Prior to this assignment
to Coral Way
NET, the largest area in terms
of geographical boundaries,
Commander Rivero was assigned in Little Havana, “a challenging
area,” as
he described it.
Commander
Rivero said that last year
in Miami there was an overall
7% decrease in crime and that this year the figures
are already down 20% in
comparison.
He said he wants
to hear from Brickell residents
of any particular problems
that need special
attention and that he would
make use of overtime
funds if needed to address
a particular problem area. He also said
he will be reaching
out to those that are victims
of crime.
The Commander
encouraged anyone wanting
to get in touch to send an email
to him at david.rivero@miami-police.org
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It’s
Time to Run
The
annual event where companies
compete on the streets of Miami is scheduled for Thursday, May
5, at 6:45 p.m. in Bayfront
Park. The Mercedes Benz
Corporate Run is a certified 3.1 mile
road race/walk open to
employees of corporations, government
agencies and financial
institutions. Each company may enter an unlimited number of runners
and teams,
and all levels of runners
are encouraged to participate.
Participants
receive a souvenir t-shirt
and post-race refreshments and everyone who enters the
race is eligible to win
a Mercedes-Benz C230 sports
sedan or ML350.
For registration
and information, as well as complete contest
rules and restrictions,
visit www.footworksmiami.com or call 305-666-RACE
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Downtown Core Improvements Begin
On March 8,
the City of Miami broke ground on a Downtown core capital improvement
project, the “Flagler Street Marketplace
Streetscape Project.” This effort includes the conversion
of Flagler Street from one-way
to two-way traffic, resurfacing and improvements to sidewalks,
traffic signage and signals, trash
receptacles, enhanced landscaping
and street uplighting. ADA ramp enhancements will also be made.
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Past Issues of BHA News
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