Brickell Homeowners Association

Construction Sprawl: Five+ years later, "take back the streets" ordinance passed by City

It was back in November 2001 when BHA passed a Resolution objecting to construction sprawl. It was formally presented to the City Commission in January 2002. The resolution’s themes were pedestrian safety and taking back the streets and sidewalks usurped by contractors.

After hearing BHA’s concerns, the Commission instructed City staff to look into the problem. But it languished and nothing was done.

Fast forward to 2007. BHA addressed this issue with its new District 2 Commissioner, Marc Sarnoff, who agreed that this is a serious problem, not only a matter of inconvenience and quality of life, but of public safety. Commissioner Sarnoff presented the ordinance May 10th and at BHA’s urging, the Commission passed it unanimously as an Emergency Ordinance, bypassing the need and delay of a second reading.

Slowly neighbors should see less use of sidewalks and streets by contractors, less construction sprawl and more protected pedestrian walkways adjacent to construction sites. This is required in other cities; Miami should have the same standards. Word on the street is, however, at the time of this writing in late June, that the contractors are balking, not wanting to incur the costs associated with planning for and protecting the public. •

Photo: President Tory Jacobs showed up at City Hall to present to the Commission's May meeting with the 5-year-old resolution exhibit first used in 2002, showing its age and weariness awaiting real action by the City.

Excerpts of BHA comments from January 2002 presentation to the City about Construction Sprawl, still applicable today

"...We would like to see the City take a holistic approach to development. Rather than just consider each individual project, recognize the cumulative impact of all the proposed development.

We would like to see the City approve only development that can be supported by existing infrastructure.

Finally, we call on the City to find the means to coordinate the work of all entities digging up the streets and sidewalks or blocking same with construction and filming equipment to minimize disruption to the public’s use of these facilities. We would like to see police, flagmen and/or traffic aides on hand to enforce regulations and facilitate traffic movement.

Obviously, this will be no easy task … coordinating the several juristrictions and entities involved, FDOT, the County, the several utilities. But, the City must control by whom, when and where use of our streets and sidewalks is impeded...."

A Brickell Avenue Streetscape Plan that should have been completed two or three years ago. Potentially life-saving traffic calming for the Brickell Key Bridge delayed for almost as long.

These two big projects for the Brickell neighborhood, along with countless others throughout the City of Miami, citizens learned June 21st were delayed because City staffers responsible for the work were busy working on their own freelance construction projects on City time. We're not talking a little bit of time, or just a few employees. The investigation revealed that 85% of the 11 employees' time at their City jobs was spent on non-City work as determined by computer tracking devices. Ten of the 11 were in the City's Capital Improvement Programs (CIP) department and one was in the Zoning department.

"These people were supposed to be improving your City," Commissioner Marc Sarnoff said. "This is not good government. We need more transparency."

The 11 are accused of doing construction design and planning work for outside companies on City time using City computers and equipment, and even going so far as to brazenly visit the construction sites in City vehicles. Their City job titles ranged from CADD Operator to Project Manager, with an average City base salary before benefits of $69,270; two were paid more than $100,000. All but one was hired by the City more than seven years ago; two were on the City payroll for more than 30 years and recently retired.

State Attorney Katherine Fernandez Rundle has charged them with racketeering, theft and organized fraud. The Herald reported that indeed they were organized; they called their enterprise “The Firm.” They face 23 to 95 years in prison and the loss of the City pensions.

Not surprisingly, among the accused was one staffer BHA worked with in trying to get the Streetscape Plan moving. Those interactions were so fruitless and frustrating, that BHA complained about her to superiors last year.

"In all the years since 1990 that we've been interfacing with the City on behalf of Brickell neighbors, we have never made a complaint about a particular staff person's performance," President Tory Jacobs said. "But Maria E. Lopez, with whom we had to work on the Streetscape project, seemed utterly incompetent, unresponsive, and any information she gave was totally unreliable. Now we see why she couldn’t give our project any attention."

Hardly a month goes by, or a BHA Board meeting concludes, without someone asking, often incredulously, why can't we slow down the traffic on Brickell Avenue? Afterall, it’s a neighborhood street where thousands of residents live, and the sidewalks are often full of walkers, joggers, pets, strollers and bikers. Yet, there are few signals to slow vehicles down, enforcement seems spotty, and cars are left to speed along our main street (except of course when construction sprawl or congestion has traffic at a crawl). Why should it be so hazardous for us to get onto Brickell from our driveways, they ask, and so scary to slow down to enter a driveway with the speeding vehicles tailgating?

Indeed it is a hard-to-believe situation. And hard to comprehend. With so many newcomers to the area, and with many old timers getting fed up, we thought it worthwhile to reprint our column from several years back on why it is as it is with our beloved Brickell Avenue. We present this explanation so that neighbors understand what we’re up against, and understand the challenges the dual identity of Brickell Avenue presents as we advocate for our Streetscape Plan, including crosswalks, signals and signage, and other improvements to our neighborhood main street.

Miami is often called The Magic City. Much of Miami's magic comes from Brickell, now a world-class street name in a league that includes Peachtree in Atlanta, Rodeo Drive in Beverly Hills, Fifth Avenue in New York and Champs-Elysees in Paris.

Brickell's closeness to Biscayne Bay adds to its distinction, as few of these dream streets run along such a beautiful shoreline.

Brickell does have something of a dual personality: the financial center of the Americas to the north and the elegant condominium towers to the south. The Brickell Neighborhood is indeed a great place to work, a great place to live and a great place to dine. And it is transforming into a great place to shop.

Of course, Brickell is more than the name of a street; it is a thriving neighborhood. The name conjures up an image of the ultimate in urban living, an image that seems to be irresistible to developers who continue breaking ground for ever more elegant towers. Some wonder where the people will be coming from to fill them. Actually, they're coming from all over the world, as well as from right here in our backyard. Our newest residents include people trading up as they prosper, and people moving in from the far reaches of Miami-Dade, tired of long commutes.

There is a shadow over Brickell, however. The dark cloud comes about because Brickell is something else, as well: it is a Federal Highway, US 1. And as such, is governed by the Federal Highway Administration rules and regulations administered locally by the Florida Department of Transportation (FDOT). The Federal Highway Administration controls the flow of federal highway dollars to each state and it is a powerful bureaucracy. So, while we see Brickell as our main artery, the all-powerful regulators see it as part of the national highway system; their overriding concern, after safety, is moving as many vehicles as quickly as possible.

This is why we are unable to have traffic signals and traffic calming devices installed. North of the River on Biscayne Boulevard, there are traffic signals at every intersection and Biscayne Boulevard is also US 1. (They must be grandfathered.)

Brickell traffic will improve from a combination of mass transit and circulatory bus route additions, more pedestrian-friendly crosswalks, better traffic movement patterns including more efficient use of bridges and tunnels, and better signalization. Police trained in moving traffic, and control of public space utilized by contractors as they build the new towers, are also needed for an improved conditions.

Even FEMA (Federal Emergency Management Administration) has relaxed its flood control elevations for "downtown Brickell" to facilitate a more pedestrian-friendly environment. Now, we must find a way to encourage FDOT to use its power, professionalism and access to federal funds to join in the support of Brickell's conurbation. It would appear to require a change in mindset. [See "Agenda for FDOT" below of concerns BHA is presently working on with the agency.]

These are the items BHA leaders have been pursuing with Florida Department of Transportation officials and will continue to advocate for on behalf of neighbors:

Resurfacing of Brickell, asphalt, not concrete
Crosswalk for Brickell at 25th Road, between bus stops.
Signage for four crosswalks south of 15th Road.
Traffic signal between bus stops at Immanuel Lutheran Church, 1770 Brickell and UTD Towers at 1809 Brickell
Recognizing Brickell and Biscayne Blvd. as major urban thoroughfares rather than part of the US Highway system. (Combine US 1 with I-95 through the City.)
Traffic calming on Brickell Avenue/speeding problems
Intersection of Brickell and 26th Road, gridlock when events on Key Biscayne, need protected pedestrian crossing to access Alice Wainright Park from north side of intersection.
Intersection of Coral Way & 15th Road (now Broadway). FDOT December, 2002 Intersection Study recommended remedial action. Nothing done as of yet.

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Naming Rights: Brickell Avenue Gets Historic Designation; Brand, History Preserved

Governor Charlie Crist signed legislation June 14, 2007, declaring Brickell Avenue a state historic road and prohibiting the Brickell Avenue name to be extended beyond its Miami River north boundary. This act will forever quash the efforts of the developers of Met 2 office tower just north of the river who were looking to cash in on the cachet of the Brickell Avenue name by extending it up Southeast Second Avenue.

The victory was led by the business leaders of Brickell Area Association who have been battling the brand dilution, not to mention historical inaccuracy, such a name extension would create. Brickell Homeowners Association and Dade Heritage Trust also took stands against the name extension.

The BAA was well prepared for the 2007 Florida Legislative session after narrowly seeing the close of the 2006 session without last-minute legislation slipped in to extend the Brickell name, aided by the strong lobbying efforts of the developers.

The legislation also symbolizes a victory for historical preservation and accuracy. Miami Historian Arva Parks McCabe explains that it would not have made sense for the area north of the river to be called “Brickell” as that was Julia Tuttle’s territory. The river was always the geographic dividing line among these two leaders in Miami’s founding in 1896.

The state historic designation of the roadway recognizes that Brickell Avenue, stretching from Miami River south to 25th Road, has distinct cultural, historic, architectural, recreational, natural and/or scenic resources value.

Although the battle has been won, neighbors should still check out www.savehistoricbrickell.com, the website created for the effort. It may take your connection several seconds to load, but it’s worth the loads of information and the beautiful historic images of Brickell.

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Guest Column By Joan Tumpson, Brickell Resident:
Trees are a Neighborhood Asset & How You Can Save Them

Perhaps you like me have felt helpless seeing yet one more of the majestic trees that once lined Brickell being cut down, or brutalized with a "hat-rack" trim. You assumed that if the tree was on private property, there was nothing you could do. WRONG!

Lucky for us, the City of Miami has strict laws limiting or prohibiting the removal or overly-aggressive trimming of trees whether or not on private property. The City seeks to protect, preserve and restore the tree canopy here, and has laid out a wonderful Ordinance to enforce this policy: Zoning Ordinance Article No. 8.1.

I live at 2180 Brickell, directly to the South of 2110 which had been sold and its buildings leveled in the last two years. Several huge, old Mahogany trees remained on the property. These trees have been a joy for me during the 25 years I have lived next door.

By accident, then, I saw a small, posted notice attached to the property's iron gate, stating that the new developer had been granted permission to cut down five of these trees, unless someone, within 10 calendar days of the posting of the notice, appealed. I stumbled a bit, but after a number of phone calls and visits to city agencies, I appealed and at this point, the official decision is to save three of the five otherwise doomed Mahoganies.

This is how I learned about the process and I urge you to read on and to be vigilant as well, for saving a tree confers grace and benefits our neighborhood, our city and our neighbors.

First, it is not true that because a tree is on "private property," it can be cut or abused at the order of the owner. The owner must obtain a permit from the city to cut down, move or "effectively remove through tree abuse" most trees. If new construction is contemplated, the Zoning Department must first determine that no tree-removal permit is required before a building permit can be issued. And a permit is required to trim more than 25 percent of a tree's canopy.

If you see a tree being cut or trimmed, ask to see the permit. If no permit is available, call our NET office (Liza Walton at 305-329-4750) or the Department of Code Enforcement at 305-329-4770, and report the activity. They are wonderful people, will send someone to stop any improper activity and/or tell you what to do.

As for me, I saw the notice on a Friday, and had only five days to act. I called our Net Office and from there, called and visited Code Enforcement (at 1300 S.W. 12th Avenue and then Ms. Providencia Velazquez at the City Planning Department, Historic and Environmental Preservation Board, 305- 416-1459). Ms. Velazquez was extraordinarily helpful, and I am grateful to her to this day.

The process was not difficult. I went to Code Enforcement (thank you Code Enforcement Officer Del Valle for your help and direction), reviewed the developer’s application for a permit (Tip: I took my camera and photographed some of the plans which are too large to photocopy), then wrote a brief letter stating I was appealing the decision to allow the developer to cut down the trees and why.

I took the "appeal" (only two pages) to City Planning Department Office, filed it and then went in search of an arborist. This is a tree expert who will look at the trees, form a professional opinion, put it on paper and come to the hearing to testify. I was extraordinarily lucky to find Arborist Lisa H. Hammer. (lisaahhammer@bellsouth.net) Lisa was painfully fair and had appeared many times before HEP Board hearings. She knew the territory and was respected by the community. She was great.

Finally, some of my neighbors and our association president were kind enough to come to the hearing itself and testify. The entire process was very impressive – the Board Members were genuinely interested and very fair. I think my primary contribution to saving the three trees was the decision to say little myself and let Lisa Hammer do the talking.

It is not hard and you can save and/or protect a tree if you see one in jeopardy. My best advice is to call any of the people mentioned above, or just call me at 305-856 2114 immediately. One cannot delay, for once the tree is destroyed, it is gone. Email: tumpson@aol.com

BHA thanks and congratulates Joan for going “above and beyond” to protect our neighborhood assets!

City of Miami-Trees-Permits and Fines, more detailed information, June 2007. (20 KB PDF)

Brickell Church Hosts Memorial Day Event

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Canine Courtesy: Enforcement, education to be key in effort

The BHA Task Force for Canine Courtesy headed by Claudia Bruce and hugely assisted by NET Administrator Liza Walton investigated getting disposal bags and receptacles installed along Brickell Avenue in the continuing quest to improve the situation for walkers, joggers and other residents running across dog waste on the public sidewalks and greenways.

A myriad of roadblocks make getting the dispensers installed impossible, even if the association were to pick up the tab for their purchase. Instead, properties are being encouraged to do as the Four Seasons Residences and other condos have done, and make the bags available to residents on their way out of the buildings for dog walks.
The combination of education (signs) and enforcement (police writing citations for those who violate the ordinance and do not pick up after their pets) will be used.

The letter reprinted here is being sent to Property Managers to share with their residents.

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Cornerstones of Faith: Beth David Congregation: Miami's Pioneer Synagogue

Along canopy-lined Coral Way sits a striking architectural treasure featuring a large dome and six supporting columns. It’s the synagogue built in 1949 for the Beth David Congregation, Miami’s pioneer synagogue originally founded in 1912 and representing an important part of our neighborhood’s cultural and historical roots.

What’s behind the remarkable edifice is equally as impressive. Contained within are the 1,000-seat Falk sanctuary, a bimah (platform for Torah reading and prayer service) of Brazilian mahogany, the peaceful Scher prayer chapel, a chandeliered Spector ballroom, two state-of-the-art school wings and computer lab, the Simons library, the Traurig reception hall and the historic Beck Museum of Judaica. The museum includes in its impressive collection a Persian Torah from the 1600s, a travel-size Torah from Bavaria, a Hungarian prayer schedule with moveable clock faces and pop-up Rosh Hashanah cards from pre-war England and Germany.

Steeped in tradition, Beth David provides full-service programs for more than 450 families and strives to be a welcoming place for strengthening Jewish identity and heritage, while continuously evolving to meet the needs of the fast-changing surrounding neighborhoods. Programs and services are led by the new leadership team of Rabbi Hector Epelbaum, Cantor Julie Jacobs and Education Director Debbie Hafetz.

Rabbi Hector Epelbaum joined the Beth David Congregation in fall 2006, and has served in pulpits in the U.S., Israel and Argentina.

"Beth David is a place to find meaning and purpose; a place to find God through our worship and our social experiences; a place to gather together to form a religious community, to sanctify life, to perform deeds of caring compassion and philanthropy; a place where we can acquire the knowledge and the desire to live as learned and committed Jews," Rabbi Epelbaum said. "Beth David is more than a synagogue, more than a house of prayer. Beth David is a place where tradition and values inspire us to live modern and meaningful lives. Beth David is the most exiting way to renew the holy and to make holy every new challenge."

In addition to his work at Beth David, Rabbi Epelbaum is a board member of the Israeli Cultural Institute for Miami and Puerto Rico, Vice President of the Greater Miami Rabbinical Association, chaplain at the Hebrew Home of Miami Beach, a columnist for Diario Las Americas, and was recently named by Mayor Manny Diaz as part of his Faith-Based Advisory Council.

Beth David programs designed to encompass the religious, social and cultural needs of the congregation are offered to all those interested in participating. These include concerts, speakers, and live music with traditional prayers, as well as a unique program to attract young Jewish professionals in the Brickell, Roads and Coconut Grove Neighborhoods: Rock Shabbat followed by speed dating. An Early Childhood Center enrolls children 18 months to 5 years old and the Jewish Day School serves grades kindergarten through 5th.

"Downtown Miami and the Brickell neighborhood are undergoing tremendous transformation with new businesses, new condos, and many new residents,” remarked one congregant. “Beth David Congregation strives to attract and suit the needs and ideas of the people, as well as maintain the years of Jewish tradition."

Cantor Jacobs described the musical events taking place at Beth David: "We have concerts throughout the year from Florida Grand Opera recitals, Jewish Symphony Orchestra, Cantorial, and Klezmer. In the planning stages are a cultural arts program that will feature local talent from Jazz to Jewish to Latin, and benefit concerts to support causes such as Autism research."

A creative Congregational School provides classes for children and their families to enrich their Jewish identity through worship, study and community, and a teen program is also provided.

"The beauty of the educational programming at Beth David Gordon Schools is that the quality of the academic curriculum is matched by the quality of the Jewish values that are transmitted," Education Director Hafetz said. "Our students are not only learning information, they are learning how to live good lives."

Unique and progressive Friday night Shabbat services have been added and are highlighted by a variety of themed nights such as "Tot Shabbat" (Happy Feet). A Spanish speakers' service with prayers in Hebrew and sermon in Spanish is offered, and a Miami-suited Shabbat Passion features a live band setting of traditional prayers to Latin rhythms.

In the planning stages for next year are a congregational mission to Israel to celebrate Israel's 60th birthday, the Rock Shabbat Service for young Jewish professionals, an elementary school production of "Annie" and a Summer Theatre Camp.

Beth David is affiliated with the United Synagogue of Conservative Judaism and retains the practice of traditional Judaism while addressing the needs and aims of modern Jewry.

Beth David Congregation is located at 2625 SW 3rd Avenue, Miami, Florida 33129, Tel: (305) 854-3911. Email info@bethdavidmiami.org. Web site under construction www.bethdavidmiami.org

Cornerstones of Faith is an occasional series by BHA News on the Brickell area’s houses of worship.

Coral Way NET Office Relocated

A fire at the Coral Way NET offices at 1300 SW 12 Avenue has displaced the office staff due to damage. Liza Walton and the NET staff have temporarily relocated their offices to Simpson Park, 55 SW 17th Road, until repairs are completed, anticipated this fall. In the meantime, their phone number, 305-329-4750, and hours of opertaion (M-F, 8-5) remain the same. No one was injured in the fire.