Scenic Miami Call to Action on Billboard Ordinance

Big Support: Norman Braman has written all County Commissioners in support of scenicmiamidade.org and opposing Comm Bruno Barreiro's legislation to let cities opt out completely of county sign ordinance; he also requested that Comm. Barreiro withdraw the legislation. (see letter also TAKE ACTION on this issue before Wednesday.)

Big Victory: Federal Highway Administration rebukes Miami for illegal mural ordinance (click on link at www.scenicmiamidade.org to see letter)

Big Coverage: Three articles in the Miami Herald in last week

Big Fight: Keep our County Sign Code intact.

Tell our City and County commissioners and adminstrators that we do not want cities writing their own billboard ticket (more Miami rogue ordinances??) Another city, West Miami, has bowed to the outdoor advertising industry and allowed a massive electronic LED digital billboard which blights that city as well as west Coral Gables.

We oppose Comm. Bruno Barreiro's legislation to let cities completely opt out of the County sign code.

The next vote is in the Infrastructure and Land Use Committee at 2 pm Wednesday July 13 at the Commission Chambers, Stephen P. Clark Center, 111 NW 1st Street, The Commissioners say they like to see people in the chamber so please attend this meeting and make your opinion known. Members: Chair Edmonson, Barreiro, Diaz, Jordan, Monestime, and Sosa.

UPDATE: Billboards. By Barbara Bisno

• County Committee defers to 7/13, wants a compromise. See summary.

• New Alert - City of Miami Commission, 6/23, vacant storefronts plastered with ads in neighborhoods, tell them to vote "no" or amend drastically. Please go to our site and then click "take action" to voice your objections.

Billboard on I95 in Miami Ruled Illegal

The photo above is from google maps. This billboard has been the subject of an ongoing lawsuit. The building is empty and its revenue comes from its use as a billboard.

According to reporter Andres Viglucci who has been following the case:

Now an appeals court has handed the county a clear-cut victory that may put an end to the legal fracas, ruling that the signs must come down.

The decision by a three-judge panel of the Third District Court of Appeal, issued Wednesday, also represents a boost for billboard opponents mustering a campaign to stop the proliferation of ads along the city’s expressways.

Ernie Martin has been heading the UEL committee on this issue. Barbara Bisno, a longtime UEL member and a future recipient of an UEL orchid June 15th, is one of opponents that Viglucci referred to. Bisno, a co-founder of Scenic Miami-Dade, said:

This is a great decision for our community in our effort to secure and preserve a safe environment and our natural beauty. The county sign ordinance is a major protection for all residents from visual pollution.

Come see her and other billboard activists get their orchids on June 15 and perhaps think about joining Barabra's Group.

Take Action at City Commission Meeting April 21st.

Take Action Now

The Miami City Commission meets this Thursday, April 21, to consider an emergency billboard ordinance amendment (to be adopted on one reading) and two resolutions which favor more billboards in Miami.

The “emergency” cited is a pending state bill which limits the city to no more than a $500 permit fee for any outdoor advertisement, including billboards, murals and “media towers.”

The resolutions favor one billboard company, allowing it to take down one billboard to get a new one, instead of 4/1 or 2/1 as now required.

Please let the Commissioners know you oppose this ordinance and these resolutions by taking action today, For more information and to take action go to Scenic America.

These matters were originally considered by the Miami City Commission on April 14. Commissioner Frank Carollo stopped the vote on 4/14. For an analysis of the discussion on April 14, please see the attached letter by Grace Solares, long time activist in the Roads neighborhood (slated for a billboard pursuant to the proposed ordinance), president of Miami Neighborhoods United and vice president of the Roads neighborhood association.

April 14th City of Miami Commission Meeting - Call to Action

Dear Friends:

This is a call to action in regard to a new billboard ordinance and two resolutions coming before Miami City Commission this Thursday April 14 either in late morning or early afternoon.

Here’s what we are asking that you do:

1) Go to Scenic Miami Dade and then click “take action.” You can add to the message we have up on the web – we have provided a short message: “stop adding billboards in Miami.” Your message will go to City officials as well as County commissioners because we are also gearing to fight an ordinance proposed by Bruno Barreiro to let cities opt out of the County sign ordinance – which means the city could then do whatever it wants without fear of enforcement of the county ordinance which has many, many limitations on billboards. First hearing before County Commission committee is June 15 at 2:00 pm. More anon on that but please put it on your calendar. Please send this email to everyone in your network, including organizations and friends. We want the public officials flooded with emails.

2) We need people to speak at the Miami City Commission on Thursday, April 14. The ordinance consideration is a public hearing and we should mention resolutions at that time as well. Resolutions do not require public hearings and Chairman Gort may or may not allow public comment. I am leaving for a long ago scheduled trip on Wednesday, April 13. I will be sending an email raising the points below, but we need speakers to put them on the record. Please advise me ASAP if you can speak on Thursday April 14 in late morning or early afternoon.

Contact:
Barbara K. Bisno
Scenic Miami, Inc.
ScenicMiami.org

barbaraforprogress@gmail.com

SB1570 was voted on yesterday.

SB1570 will end a 15 year old requirement that billboard companies pay for state owned trees destroyed along our roadways. The bill also reduces the current requirement to surrender TWO nonconforming billboard permits for each new billboard view zone created by chopping down our publicly owned trees on our right of way.

Billboard Regulations; Revises requirements for an application for a permit to remove, cut, or trim trees or vegetation around a sign. Requires that the application include a vegetation management plan, a mitigation contribution to a trust fund, or a combination of both. Requires the Department of Transportation to provide notice to the sign owner of beautification projects or vegetation planting. Creates the tourist-oriented commerce signs pilot program. Exempts commercial signs that meet certain criteria from permit requirements, etc.

It passed in committee 3 to 2.

LED Billboards -Take Action Before March 2nd Meeting

There is a special City of Miami Commission meeting scheduled at 8 am Wednesday March 2 at Miami City Hall to consider another settlement agreement to place a billboard in the Roads area of Miami in Comm. Frank Carollo’s district (District 3). The residents oppose the billboard as it will have a negative impact on their neighborhood. And, of course, it adds to the visual pollution overtaking our beautiful city. There is now a website set up on the issue:

if you click on scenicmiamidade.org and then the “take action” tab, you can send a message to all the Commissioners and their staff as well as the Mayor and the City Manager in opposition to the billboard --- with one click.

The special meeting is not a public hearing so emails and phone calls (see website) are your best bet in influencing the Commissioners. Some of us are planning on attending the meeting and your presence will be noted, but you probably will not be able to address the Commission.

Do We Want Dozens of LED Lighted Billboards in the City of Miami's Downtown?

This is on Thursday's agenda:

Resolution (RE 8 on agenda) which allows 14 new LED billboards with exhibit lists of 11 new LED locations and 38 old billboards to be taken down or replaced with LED signs – unclear from exhibits exactly where 14 new ones will go within 38 old locations – apparently up to Clear Channel outdoor advertising company to choose. There is also RE 7 (allowing a billboard on the city of Miami police headquarters).

Resolutions will probably be heard between 10 am and noon, tomorrow in City of Miami City Commission Chambers. Some activists are trying to get it deferred.

New City of Miami ordinance proposed for converting regular billboards to LED billboards all along 95 and 395.

Second Vice President of the Urban Environment League said about the proposed light intensive billboards proposed by Mark Siffin Media Towers:

"It is time to take a firm stand. Many of our current and former friends in government have been blinded by the revenue potential for good municipal purposes. Revenue for a good purpose is not worth selling out for a universally known blight."

Here is partial copy of a new Sign Ordinance to be heard Thursday, January 27th unless it is postponed. Hit on the page to enlarge it.



This is most of the text that will be added with the ordinance:

The Siffin Proposed Dual Mega-Media Towers by Beatriz Baldanrice

The examples Siffin’s use to justify his sign, well not really himself, he speaks thru others, his willing “supporters”, like Times Square, London, Tokyo, etc; none of these places as well as many other major cities have the intrusive impact that his project has.

In Time’s Square for example the signage is confined in an area that goes from 42nd St to 45th St flanked by 7th Ave on the west and Broadway Ave on the East. With the renovation of 42nd St., the signage has extended along 42nd Avenue between 7th and 8th Avenues. In either case no sign is above any building height.

On the other streets surrounding this area the only other signs are the theater and hotel marquees. And on Broadway Ave as well as 7th Avenue beyond 42ns ST South and 45th St North there are no more illuminated signs. It can be seen in the photos that beyond these limits are dark.


Times Square facing south


Times Square facing north


Tokyo, Same thing happens; the illuminated signage is restricted to a restricted commercial area, and never going above existing structures.


London, Piccadilly Circus-The illuminated signage is restricted to the Piccadilly Circus surrounding buildings and not to all of the building, because no signage is allowed on buildings of historical significance.


Paris at dawn, no visible signage and the tallest structure still is the Eifel Tower


I can go on and on, no mayor cities on the world have the signage Siffin has proposed to do. All these places have their own character and history like we do, Miami is a great place, we have our own character, and we do not need, in my opinion an oversize advertising icon to pollute our city. Miami is not Las Vegas.


And just as a comparison, the Washington Monument with 555 feet high, it is about the same height, once these LED intermittent light structures are in place. These full blast illuminated structures three times and twice wide each than the Washington Monument, is what we will see in the night Miami Skyline if this project gets build.

Flatrion Building, NY, at 287 Feet height is roughly 100 feet shorter than the proposed signs. Now, imagine this full blast and with intermittent lights all night.

Disappointed with The Side Show at The UEL Dinner By Fran Bohnsack

The UEL Dinner on November 17th on the proposed 25 to 35 story Media Towers (developer Mark Siffin) became a circus in itself.

The forum had a mixed panel to discuss the issue -- With Mr. Siffin himself on it. Nonetheless, the Siffin camp found it necessary to bring protesters to the event, holding signs and chanting in favor of the project. People who were attending simply to learn more about the public policy aspect of the project were made to feel uncomfortable as they walked the guantlet of protestors who seemed determined to inhibit thoughtful dialogue. The developer also filled the room with supporters who did not pay for dinner, but did hiss when something was said against the project. Miami rudeness at its finest!

The UEL has not taken a position for or against the project as our membership is divided. However, an open dialogue should not have been used by the developer's camp as a chance to shut down dissenting opinions. In addition, the developer offered very little of substance to the discussion.

Whereas I am normally very pleased with the quality and substance of UEL's programs,
this one left me with a bad taste -- so much so that I am contemplating asking the UEL Board to
reconsider our policy of free admittance to the program portion of our monthly dinners
I would like to know what others think.

The UEL Dinner on the Advertising Towers Near the Arsht Center

About 75 people attended the dinner forum on Economics vs. Visual Pollution: Mega Ad Towers and Public Media in Miami-Dade's Future.



Miami Dade County Commissioner Carlos Gimenez makes a point that media towers might have a place in downtown, the question is where are they appropriate. Gregory Bush, Moderator, looks on.



Mark Siffin listens as Dusty Melton makes a point about Miami Dade County signage law.



Gregory Bush, Mark Siffin and Eston "Dusty" Melton.

RSVP Today for the UEL Dinner!

Proposed City of Miami Media Towers, Subject of UEL Dinner November 17th

Don't miss the discussion Wednesday, November 17th. We have a panel on both sides of the issue. Frank Rollason, UEL Board member, thinks the towers have merit to help the financially strapped city and he wrote a blog post here in favor of the towers on August 12th. Others are not so kind saying the light will be too bright from the towers and that they will be a garish addition to the Performing Arts Center area. Our panel will present both sides and let you decide. We have Dusty Melton, a consultant involved with billboards issues for years who will be arguing the legality issues of signage. The Developer Mark Siffin will make his case for the towers. County Commissioner Carlos Gimenez will round out our panel.

Hit on the invite below to enlarge it and reserve for the dinner today!

Bill Brinton to Speak on Billboards November 12th

Miami on the Move is holding this event:

Latin Cafe 2000, 2501 Biscayne Blvd (25th Street), Miami, on Friday, November 12th, 8AM-9:30AM

Bill Brinton, Prominent Jacksonville Lawyer, Expert on Zoning and Billboards, and Board Member of Scenic America will discuss the recently approved 40+ story electronic "Media Towers" by developer Mark Siffin.

Bill Brinton, a tireless fighter for sane billboard policy in Florida and around the country, has kindly agreed to talk to us about the two uber giant mega electronic billboards that are slated to be built atop the Adrienne Arsht Center's new garage complex. He will discuss the fine points of billboard law, the appropriate approval process and/or the lack thereof, and his organization Scenic America, founded to limit billboard pollution in our cities and along our highways. For those interested, Bill will stay afterward to discuss how to start a local Scenic America chapter.

Please join us for this important meeting that will take place Friday, November 12th, 8AM-9:30AM.

UEL Dinner November 17th.

Hit on image to enlarge it.

My View on the Media Towers. By Frank Rollason

Most of the opposition I hear to the towers revolves around the process – not enough public input/debate, developed in backroom deal, pushed through too fast, does not comply with County ordinance. While there may be some validity in these points, let’s look at the project on its merits rather than the process.

It is in the 24-hour Entertainment District – where this type of installation should take place if it is to take place at all. It is being funded by private funds from a guy who arguably is looking for a way to salvage an investment that went south with the market – no different than you or I would do with our own personal investments. The community gets a parking garage for the PAC – parking that was overtly omitted due to funding constraints by the County to ‘resolve later’ – you try to do that with any private mom and pop business or restaurant that requires parking – good luck!

Should the towers become non-marketable or unprofitable; the parking garage will long survive after the towers are removed. The investor/developer (Mark Siffin) gave up the approved MUSP for two much taller residential towers which would have increased the traffic on the Boulevard and the surrounding streets; he also gave up the Walmart big box project. So, all in all, I look at it and say, why not?

Why not let a private developer construct an idea with his own money which he contends will bring some life and security to a slum and blighted area (don’t forget, this is located within the Omni CRA – a CRA that has done nothing to eliminate slum and blight since its inception in 1986 – now being used as a piggy bank to pay off the PAC construction bonds and fund the City’s portion of the Port Tunnel project). Think about it, we have much worse issues on the horizon than to fight a battle that is basically over – the market will control it and who knows, maybe, just maybe the idea will work and we will see some people on the streets who will generate a base for some businesses/restaurants to flourish!

South Florida Business Journal report on Billboards

South Florida Business Journal:

South Florida Business Journal - by Oscar Pedro Musibay

The city of Miami’s decision to opt out of county rules prohibiting new billboards along the highway may open the door to more signs, if a federal lawsuit succeeds.

The Miami-Dade County code gives municipalities like Miami the ability to opt out of a county lockdown on new billboards along the highway. The opt-out clause has come under scrutiny as a result of a federal lawsuit budding billboard entrepreneur Santiago Echemendia filed against the city, alleging discrimination. In addition to the lawsuit, the topics of billboards, murals and other forms of outdoor advertising have become hot as prominent developer Mark Siffin seeks city approval for a pair of large electronic billboards proposed near a downtown Miami highway.

Echemendia’s attorney, Tom Julin, a partner at Hunton & Williams , claims that the city is discriminating against his client by selling permits to the highest and most powerful bidders, specifically CBS, Clear Channel and Carter. The three companies have had a monopoly on new billboards and control many of the signs that have transformed the visual landscape near highways and their adjacent neighborhoods.

But, a proliferation of new signs is unlikely, even if Echemendia succeeds, most sign experts agree, because of state restrictions including a minimum distance requirement between signs.

The foundation for Julin’s argument is based on the fact that the city negotiated settlements with each of the companies that required them to take billboards down before getting new permits. In addition to removing billboards, CBS and others also paid, and are paying, the city millions of dollars for the right.

The Miami City Commission tried to tie up years of piecemeal regulation by opting out of the county prohibition in September 2009, making some illegal signs legal. But, that didn’t change the city’s rule that new permits had to be approved through settlements.

When Echemendia and his company, South Florida Equitable Fund, approached the city to play by the same rules as the large companies with settlements, he was rejected. South Florida Equitable Fund v. City of Miami was filed April 1 in U.S. District Court for the Southern District of Florida. South Florida Equitable’s managing partners are Echemendia, chairman of the Local Government Law Group in the Miami office of Tew Cardenas LLP , and Orlando-based Thornton Harkley.

Waiting for the judge’s interpretation
Julin said it’s unlikely that a bunch of billboards will crop up if his client wins.

He added there are a few possible results under this scenario. These include the judge directing the city to treat South Florida Equitable the same as the other companies with settlements, directing the city to change its rules because it doesn’t allow for a level playing field or declaring the restrictions unconstitutional.

“We are not simply here to remove all the restrictions on signs,” he explained. What Echemendia is seeking is to have the rules “interpreted and applied in a way that will treat all sign companies the same way.”

Judge Ursula Ungaro directed the parties to file summary judgment motions, which they did on June 11.

Deputy City Attorney Warren Bittner said the city has a policy of not commenting about ongoing litigation. However, Miami’s motion for summary judgment makes clear that the city is relying mainly on procedural issues, in part tied to standing, to defend itself.

Lobbyist Dusty Melton, who has worked on sign regulations at both the city and county, insists that the county, which is the overriding authority on the sign code, has rules that still govern new billboards, despite the city’s opting out. He said the city’s history of piecemeal approval of billboards and its indifference to illegal signs has fueled Echemendia’s case.

“I believe Mr. Echemendia makes a strong argument in seeking equal treatment by the city of Miami,” Melton said.

omusibay@bizjournals.com | (954) 949-7567

Planned Media Towers along Biscayne Boulevard (Excerpt from the Florida Business journal)

“The electronic billboards planned for a garage next to downtown Miami’s performing arts center would be the equivalent of 25 and 35 stories tall, according to Edie Laquer, the developer’s spokeswoman. Some early reports had described the towers as 20 stories tall atop an eight-story garage.

On June 2, the spokeswoman said both would sit atop a 100-foot-high garage, which would bring the tops to 35 and 45 stories above street level, based on 10 feet per story.

Some residents oppose developer Mark Siffin’s idea.

‘Mr. Siffin made a bad bargain at the height of the real estate market, and now cannot make anything work in the property without placing completely inappropriate large, garish, brightly lit advertisements in the middle of our developing arts and residential district,’ area resident Barbara Bisno said in a letter to a county commissioner. ‘Are we all to suffer so he can complete his contract for sale?’”

“Siffin does not own the site where the project would be built. He has a $190 million contract with McClatchy Co. to buy a roughly 10-acre site that includes the garage parcel. The developer has given McClatchy $16 million so far toward the purchase. The overall City Square project includes the garage and a 640,000-square-foot retail complex.”


Read more here

The Towering Electronic Billboards - Google Translation of El Nuevo Herald Article.

This is a follow-up to our May 6th article on LED Billboards proposed for the Arsht Center Area.
Towers of Babel: visual pollution in the downtown
By DANIEL ROTH SHOER (Google Translation of article written in Spanish)

Be careful, monsters coming to devour electronic urban aesthetics of Miami.

They come dressed as cherubs and promise paradise. But if we open the doors to bring their families and our identity - and security - jeopardized.

Monsters are two giant electronic billboards and bright advertising more than 20 stories high on a seven-story garage adjacent to the Arsht Center in downtown Miami, which not only dull the majestic architecture of the theaters, but also become to the city in a bad copy of Las Vegas.

What Happens in Vegas better stay there.

The towers have been presented with a tempting incentive: a large covered parking for those attending the theater that now must pay $ 20 valet parking''or `` $ 10 and $ 15 outdoor parking spaces nearby.

By the way, luckily this cultural institution, built with public funds was made to enjoy ALL the Miami culture. Yes, the poor too, who at these exorbitant prices Metromover have to come in and sit so high in the audience that the dancers look like ants. But that is another matter.

Mayor Tomas Regalado wrote a letter in January in favor of this project developer Mark Siffin. If he is wise, will change his mind. Otherwise it is placed at the side of the lobbyists and power groups.

Here are some reasons to consider.

In principle, the City of Miami has no power to pass whatever the colossal structures in 1985 and Miami-Dade County established an ordinance known as the Code of Miami-Dade Banners, whose regulations must also be respected by municipal governments.

The ordinance specifies that fences are not permitted on the roofs of the buildings by the hazard if it were to lash a powerful hurricane. In addition, to install an automatic electronic fence, the property must have at least 10 acres of land. The content of advertisements must be limited to services and products offered in the building, and believe that these towers are not going to announce `` park''to be seen from miles away.

Moreover, it is prohibited for messages on and off intermittently, and expand from a central point to the rest of the screen, which should be up to 750 square feet and 20 stories tall.

The codes were updated in 1994 and 2000, to cope with a flood of illegal ads began to pollute the urban landscape. Municipal governments like Miami a pact alliances with billboard companies, which produce millions of dollars in ads.

These provisions were designed by leaders accountable and aware that excessive installation of fences along roads, as well as murals on buildings, destroyed the distinctive character of a community appearance.

There is full evidence that confirms that the digital billboards, especially those that seem huge announcement televisions and change every six seconds, represent an unnecessary risk to drivers. Therefore, in various parts of the country, local governments have chosen to protect public safety by banning or restriction of these banners.

Siffin argues that his project will benefit the City because they generate more revenue, and the Arsht Center by attracting an audience that does not attend because you can not find parking spots. The glow of the towers also serve to illuminate the neighborhood preventing crime (where is the police?) And promote a cosmopolitan flavor to the area, with the exception of the theaters and residential towers, is not pleasant for pedestrians.

However, the towers digitized clash aesthetically with the historic and architectural elements at great distances, and will become the dominant visual element should be the Arsht Can not say that this was the Miami equivalent of the Sydney Opera House?

I do not object to build a multilevel parking, because that should be included when the theaters were designed. What I find incongruous is the mega advertising structures since it does not harmonize with the rest of the city. Even in South Beach, which is our tourist Mecca, are permitted.

It is very easy to want to be what is not. The downtown Miami is not - nor wants to be - the strip of Las Vegas or Times Square. Give green light to the construction of the towers of advertising to invite other developers want to do the same. So many lights shine, we only lack the light itself.