Past BHA News
BHA News, Vol. XII, No. 2 Summer
2002
Candidates
Forum 2002
All neighbors concerned with the future
of our neighborhood are welcome and encouraged to come to this
12th Annual Forum. Commissioner Jimmy Morales will discuss ballot
items including the Transit Tax, early childhood initiative and
County charter amendments. Our State Representative Gus Barreiro
is up for reelection, as is U.S. Congresswoman Ileana Ros-Lehtinen.
Plus, meet your neighbors and enjoy refreshments!
This 12th annual Candidates Forum is cosponsored
by Miami Roads Neighborhood Civic Association, Brickell Area
Association, South Miami Avenue Homeowners Association and BHA.
Thurs, Aug. 29, 7:00 pm. Immanuel Lutheran
Church, 1770 Brickell Avenue
Election Days: September
10; November 5
Bus
Bench Advertising: BHA Protest Sparks Citywide Objections
Bus benches are now a hot issue, literally
and figuratively, after the BHA presented a special agenda item
at the July 25th City of Miami Commission meeting. Bus benches
manufactured similar to a skillet: black and metal. Bus benches
with offensive, visually polluting advertising appendages that
scream commercialism in the midst of a residential neighborhood.
Bus benches that block sidewalks, impair visibility and seem
to be going in wherever the most advertising can be sold.
They've made the front and editorial pages
of The Herald, Channel 4's evening news, and coverage in the
Brickell Post. The outcry has, thankfully, spurred City of Miami
Mayor Diaz to ask for a moratorium on the whole plan. (Click
here for Mayor's correspondence.)
Brickell homeowners made their case at
the Commission meeting when neighbors voiced their objections
to the bus bench advertising panels that have been installed
along residential Brickell Avenue.
"In the past month, I have had more
complaints from residents about this topic than any other,"
BHA Secretary Mac Seligman told the Commission in his remarks,
which Commissioner Johnny Winton echoed.
Homeowners find the large four-by-six-foot
panels an affront not only to aesthetics, but also to pedestrians,
joggers, cyclists and others using the sidewalks. One bench and
panel in front of Brickell Townhouse blocks more than half the
sidewalk. Questions were raised about safety, the panels' compliance
with American with Disabilities Act guidelines, and how blind
people using canes could possibly anticipate and navigate the
panels' appendages, unexpectedly encountered in the pathway.
An Evening to Remember
As the discussion unfolded, most of the Commissioners agreed
that the large advertising panels are unsightly for residential
neighborhoods. But then other questions arose, and the debate
was propelled to a very public spotlight.
Who is deciding the placement, installation
timeline and district priorities? Commissioners asked. Commissioner
Arthur Teele asked why the new benches were not yet installed
in his district, which is comprised predominantly of low-income,
transit-dependent residents who currently don't have any benches
for waiting.
Sarmiento Outdoor, the Latin America-based
company awarded the contract for the new benches, was asked to
produce a locator map and installation plan for the 1,500 benches
planned throughout the City of Miami. Six hundred of that total
were not to have advertising.
Brickell was to be one of three areas
to get the noncommercial version of the new benches-sans ad panel-according
to what BHA directors, Commissioner Johnny Winton and others
at a January 10, 2002, Commission meeting heard and understood.
But according to the official resolution language by City Attorney
Alejandro Vilarello, there were only two excluded areas: Coconut
Grove and the Upper East Side, even though Commissioner Winton
said his intent and what he thought he proposed in the January
resolution included residential Brickell as an excluded area.
For some reason, the Commission seemed stymied on a way to rectify
the situation to enact their true original intent.
Take a seat? No way! Residents rise
up
Then the benches themselves came under fire when Commissioner
Teele questioned the efficacy of metal benches in hot South Florida.
Commissioner Teele, with transit credentials at the national
level, asserted that cities choose materials other than metal
for bus benches, and asked Sarmiento to name the cities for which
they have created benches that use metal. Sarmiento's surprising
response was that this was the first time they are installing
bus benches; their work in the past was limited to other kinds
of street furniture, such as bus shelters, in Latin America.
To make matters more contentious, it turns
out that one district, that of Commissioner Angel Gonzalez, will
be getting 200 wooden benches instead of the metal ones. Commissioner
Teele asked how that decision was made and by whom, but never
really received an answer, although Commissioner Gonzalez said
he would share the preferred wooden versions with Teele's district.
After an hour of debate, further discussion
on the matter was postponed until later in the evening when the
Sarmiento representatives were to return with their city-wide
bench locator map and installation plan. They never reappeared,
so another meeting was scheduled for August 22.
In the days subsequent to the discussion on the metal construction,
bus riders, commissioners and the Mayor have given the benches
the seat test. Indeed, the benches are too hot to sit on to no
one's surprise (except apparently to Sarmiento).
BHA Saw It Coming
The Brickell Homeowners Association voiced its opinion at its
Board meeting with city staffers, Sarmiento and its lawyers in
January 2002, where the homeowners were clear that the commercial
advertising would be very unwelcome in the Brickell residential
corridor. BHA Directors thought their objections were just a
restatement of what had already been agreed upon, as they were
confident that residential Brickell had been excluded from the
advertising version of the benches at the City Commission meeting
a week earlier. But somehow "Brickell" never made it
into the City's official resolution language.
BHA passed its own resolution to again
go on record with its opposition to the advertising panels. The
resolution was shared with City Commissioners, City Manager Carlos
Gimenez and Assistant City Manager Frank Rollason, as matter
of course. (Click
here for Resolution.) Soon after its passage, the benches
began to appear in residential Brickell, complete with large
panels with not so attractively designed ads.
Backlash Against the Advertisers?
The latest black mark in the bench debacle is just that, black
marks. Graffiti has found new canvasses in the 24 square feet
of surface space the advertising panels provide. Advertisers'
messages were obliterated by black paint on two of the panels
in early August. But somehow, it didn't seem like the work of
typical taggers. There are no symbols or attempts at artistry
in these select sprayings, making one speculate that it's the
work of frustrated residents rather than graffiti gangs. City
officials removed the graffiti about a week after it appeared,
on the second day of Herald headlines covering the topic again
when City Manager Carlos Gimenez announced his resignation.
Frustrated by City officials who don't
protect the rights of homeowners, residents have rumbled about
boycotting the advertisers as a way to send a strong message.
The advertisers are primarily local businesses with which residents
have no beef otherwise. It's interesting to note that the record
shows the advertisers were to be major, national companies bringing
big bucks to the city according to what BHA Directors were told
by city staffers and Sarmiento at the BHA Directors' January
meeting.
Emails
from City Hall
Excerpts from email correspondence shared
by Mayor Diaz with BHA
--Original Message---
From: Diaz, Manuel A. (Mayor)
Sent: Sunday, August 04, 2002 10:07 AM
To: Gimenez, Carlos
Subject: FW: bus benches
Importance: High
Mr. Manager:
Throughout this process, a number of concerns and issues have
been raised both by the citizenry and our elected officials.
Staff response to many of these concerns has been inadequate.
Frankly, the impression we are giving the world is that we have
no control over this process. We need to put a stop to this,
and I would therefore suggest that we take a step back, revisit
the entire process, and place a moratorium on this matter until
appropriate answers are given and a true big picture can be articulated
to all concerned.
At present, it would appear that the process
is strictly revenue driven, i.e. Sarmiento's desire to generate
advertising revenues and our desire to collect fees from Sarmiento.
To continue on this course is to guarantee a lost opportunity
for the city to provide a much needed service to our residents,
while at the same time using benches as an integral part of our
efforts and commitment for the beautification and revitalization
of Miami.
The e-mail below is but a sampling of
the various e-mails I have received from constituents. While
some of Mr. Slattery's suggestions may or may not be possible,
he clearly articulates the kind of criteria that we should be
using throughout this process. I am confident that we could enlist
the help of many of our citizens and local urban designers to
assist us in this process.
In addition to continuing to receive constituent
e-mails and letters, we found out last week that no benches had
been installed in Commissioner Teele's district. Moreover, during
a Clean Up Miami outing in the Omni area last Saturday, Commissioner
Winton and I saw the problem at ground level (Bisc. Blvd. between
14 St. and 20 St). First, we experienced what it is like to sit
on a black metal bench in Miami in the middle of summer. How
can this type of material and color possibly have been approved
for use in Miami?
Second, on one block, a black, exposed
bench was located within 15 feet of a shelter with no bench.
A block away, a black bench had a "makeshift" shelter
that was located within 10 feet of a regular shelter with a bench.
No rhyme or reason, no logic, no supervision and control. It
would also appear that the location of the benches had no relationship
to actual bus stops.
I have serious concerns about this entire
process. Do we have a specific plan indicating the actual locations
of the benches placed or to be placed? Is anyone physically confirming
the locations? Why don't the benches have split seating? Is sidewalk
use for all, especially the handicapped, being adversely affected?
Are we, in fact failing to comply with local and state laws and
ordinances?
There are many questions that need to
be answered before proceeding on our current path. But, perhaps
the most fundamental of all...what is our vision for our city?
Our answer to this question should drive our actions on this
issue.
The City Manager Responds
--Original Message---
From: Gimenez, Carlos
Sent: Tuesday, August 06, 2002 10:20 AM
To: Diaz, Manuel A. (Mayor)
Subject: RE: bus benches
Mr. Mayor:
I agree with a lot of your concerns and will impose a moratorium
on the installation of benches until we clear all of this up.
As you are aware, there is no consensus on this issue. Some Commissioners
do not want the benches in certain areas with advertising, others
just want the benches.
As indicated in today's article, the problem
of the heat can be fixed by the manufacturer. I will convene
a meeting with Public Works and Sarmiento to resolve these issues.
Lastly: Revenue WAS NOT and IS NOT the
driving factor. The new look was the driving factor.
President's
Column By T. Sinclair (Tory) Jacobs: The Bus Bench Fiasco...what it teaches us about vigilance and discrimination
Some years back when bus shelters with
their colorful ad panels were first installed along residential
Brickell Avenue, there was a modicum of complaints focused on
commercial encroachment, but the then-consensus seemed to be
acceptance, with recognition that there was a price to be paid
for the protection provided by the shelters.
Now, along comes Sarmiento installing
bus benches, not shelters, with four-foot by six-foot advertising
panels overhanging our sidewalks. And Sarmiento executives ask
"Look at the advertising on the shelters how can you complain
about our signs?"
The answer, of course, is give an inch,
they take a mile or don't let the camel get his nose under the
tent. It is vigilance constant, continuous vigilance. We
did not take a stand when the bus shelters were installed. Now,
it is just a little bit harder to protect our turf.
We have fought to protect Residential
Brickell, to be sure. We fought to keep a private residence from
being converted into a doctor's office. And lost. We fought to
prevent the Nolan-Harris House from being converted into an office
building through historic preservation designation. And lost.
We sought the City's enforcement of zoning ordinances preventing
enlargement of the UTD Towers' social hall into a venue for large
union business meetings. And lost.
We have had a few successes, but that
is another column. The point here is that we must protect our
neighborhood. We have something of value and there are those
who would try to encroach.
The City's Zoning Code Discriminates Against
Condominium Residents
The City's Code prohibits outdoor advertising in areas zoned
R 1 and R 2 - single-family residential neighborhoods - but not
in areas zoned R 3 and R 4 where the high-rise condominiums are
located. Thus, Brickell Avenue between 15th Road and 26th Road
is not currently protected.
Why should condo residents not be afforded
the same protections as single-family residents? We pay property
taxes. We landscape our front yards. We do not want billboard
advertising along our sidewalks. Our neighborhoods are residential,
too. But the City's code recognition differentiates.
Actually, the City is renting out our
right-of-way. We create the value and the City is capitalizing
on it to our detriment.
We ask only for fairness. Keep those signs
out of our neighborhoods!
Traffic
Update
We checked in with Commander Frank Fernandez
of the Miami Police Department for an update on the traffic improvement
efforts in the Brickell area discussed in the last issue of BHA
News.
Several of the initiatives to alleviate
the congestion and construction-related tie-ups have been successfully
implemented, Commander Fernandez reported. On the positive side,
the needed "internal mechanisms" within the City have
been put in place, he said.
There is now active coordination of construction
work and street blockages among the various City of Miami Departments
involved in planning and permitting for those developments. Public
Works and other departments regularly communicate with Commander
Fernandez so that the police can be ready to respond to construction
activities that impact traffic by helping direct traffic and
keep disruption minimized whenever possible.
The message about alternate routes has
gotten out through flyers and publications, he said, so that
people are aware and advised of ways to avoid tie-ups.  A variable message sign has been
installed on Southwest Eighth Street before Miami Avenue to encourage
eastbound drivers to use Miami Avenue instead of Brickell Avenue
to go north into Downtown and points beyond.  The
Commander reports that more drivers are heeding the sign and
taking the less-traveled Miami Avenue route. The Miami Police
Department is included in the sign's five-screen series of the
message. Most likely, this is because the City of Miami is footing
the bill for the sign, about $3,000 for a month and a half of
use, even though typically this would come under the County's
jurisdiction.  Commander Fernandez
says solutions were needed and County officials were just moving
too slowly.
The long back ups and delays on Southeast
Eighth Street coming off of Brickell Key have been greatly alleviated
with the traffic signal timing adjustments, one of the first
changes implemented, the Commander said.
"Block the Box" Blocked
It looks as though it's time to abandon one of the strategies
that seemed to hold great promise, the "don't block the
box" plan. Modeled after the concept in New York City, this
program proposed for the Brickell Avenue and Southeast Eighth
Street and Seventh Street intersections would levy heavy fines
against drivers who block the intersection while stalled in traffic.
A box would be painted around the intersection clearly delineating
its boundaries.
The problem is the Florida Department
of Transportation doesn't like the concept. The sign itself isn't
an official sign in the agency's inventory, and because Brickell
Avenue is part of U.S.1, FDOT says that a federal permit would
be needed, which takes a minimum of a year.
At this point Commander Fernandez said
that one has to ask, "Is it worth it and will we get the
results we're looking for?"
FDOT did install new, official signs reminding
drivers not to block the intersection. Not nearly as catchy as
the alliterative "don't block the box" slogan, the
"do not block the intersection signs" have nonetheless
been effective, according to the Commander, with the problem
in this area decreasing significantly. The Miami Police are now
giving tickets for blockers, however, as it is a traffic violation
even without the campaign.
A Smarter Way
The Commander is undaunted by FDOT's rebuff, and instead is advocating
for a "smart sign," like the one on U.S.1 heading north
at 17th Street. It proved itself quite useful by advising drivers
of the closed MacArthur Causeway during the Bad Boys movie shoot
that had Miami Beach commuters in an uproar in early August.
Better than a painted box, the smart signs
present "endless things we can do," Commander Fernandez
said. The smart sign message can be changed quickly to reflect
whatever's happening up ahead.
The Commander will be presenting this
idea for considerationat the next Traffic Coordination Committee
meeting and recommending its location be the Southeast Eighth
and Brickell Avenue intersection.
It's All
on the Web
The Brickell Homeowners Association's
website content and traffic has grown steadily since the site
was launched two-and-a-half years ago. From the organization's
first document, its bylaws, to current calls to action, the BHA
website has become an integral part of the organization's communications
to constituents, elected officials and the greater global community.
Along with timely information, meeting
minutes and newsletters dating back to 1995 make it possible
to track the efforts of BHA, which often involve governmental
entities and long processes. (Read that: Check back in time and
you'll find in the written record unkept promises, unfulfilled
commitments and the BHA's dogged pursuance of solutions to issues
that seem to drag on forever.) While humans may forget, the electronic
archive stands as digital sentry to safeguarding our quality
of life.
News
Around the Neighborhood
"Munch" Guide Coming
The Downtown Miami Partnership is compiling a new publication
of menus from 35 restaurants in the Downtown Miami and Brickell
area. Slated for completion this fall, the DMP plans to distribute
the guide in office buildings and to condo residents as well.
For news about the organization's work in Downtown Miami, see
the DMP website at www.downtownmiami.net.
Downtown Miami Website Makes Debut
A new website showcasing Downtown Miami has been launched at
www.downtownmiami.com.
With comprehensive listings in many categories from accommodations
to shopping and transportation, it's a resource for anyone looking
for the Downtown lowdown.
Tunes in the 'Hood
Gordon Biersch has launched a weekend music program with happy
hours on Friday nights featuring a rotating set of local Latin
pop and modern jazz bands. On Sundays over brunch, the restaurant
and brewery features jazz along with special brunch selections
and a make-your-own Bloody Mary Bar. For more information contact
Gordon Biersch at (786) 425-1130.
Feedback After the Finish
Most Brickell neighbors are very aware that car racing will be
coming to Downtown Miami Oct. 4-6 with the launch of the annual
Grand Prix of the Americas.
The event is expected to be a bit bumpy
this first year, Robert Geitner of the Downtown Miami Partnership
said, but race organizers, CART, "want to work with groups
to minimize undue stress on people." CART will be hosting
a post-race Town Hall-type of meeting to hear feedback after
the event on what worked, what didn't and what solutions can
be found.
With a 15-year contract with the City
of Miami, CART wants to make the event popular, not problematic,
and will be open to suggestions, Mr. Geitner said. The meeting
is expected for sometime in mid- to late-October. The BHA will
publish the date and time on its website, brickellhomeowners.com.
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