Tuesday, March 18, 2014

Our Mayors Are Blind to Illegal Signs. Guest Blog by Peter Ehrlich, Jr.

In our metropolis awash with hundreds of brazenly illegal, commercial advertising signs, it's really no wonder that Miami-Dade County Mayor Carlos Gimenez and City of Miami Mayor Tomas Regalado once again are turning their blind eyes to the latest outrageous lawbreaker: The Miami Children's Museum.

The two mayors' contempt for the rule of law is shameful. And so is the Children's Museum's arrogance, as well as that of the so-called "civic leaders" responsible for its governance.

The museum, built on property leased from the City of Miami on Watson Island, recently installed three giant, programmable signs on two of its exterior walls – two signs facing eastbound MacArthur Causeway traffic, the third facing westbound traffic.

The signs, whose images change every few seconds, are manifestly illegal under the county's Sign Code. Both mayors know that, because Mayor Gimenez's own County Attorney Robert Cuevas told them in a forewarning, April 2012 written memorandum.

The countywide Sign Code contains 10 simple rules that determine whether a programmable sign is legal or is illegal. And those regulations apply throughout every city, not just in Miami. Both mayors know that, too.

One rule requires that programmable signs advertise only products and/or services available on the sign's premises. Another rule requires that the size of the property on which the sign is located – in this case, the size of the museum's property leased from the City of Miami – be at least 10 acres.

Among other advertisements recently, the museum's signs have blasted commercial messages for cruise-ship vacations, air travel abroad, resort stays in the Dominican Republic, and tickets to a technology exposition. None of those goods and services is available for purchase at 980 MacArthur Causeway, the museum's street address.

Moreover, the museum's building footprint is well under one acre in size. With modest outdoor patio and yard areas, the museum's entire leasehold property is enormously smaller than the minimum 10 acres required by the Sign Code.

The rules are simple. The violation of law is undeniable.

What's a community to do about this obvious and insulting lawlessness by The Miami Children's Museum? What's a community to think of the countywide mayor and the Miami mayor who turn their noses up at a law they are sworn into office to uphold?

Several options present themselves:



1. Tell members of the Code-violating museum's governance structure to obey the law. According to the museum's website, the executive committee's chairman is Jeffrey Berkowitz and the board of trustees chairman is Alan Potamkin.

Also serving in governance positions are Madeleine and Micky Arison, Jeff Bartel, Marcus Bach-Armas, Patricia Baloyra, Sandy Batchelor, Ana Bond, Irma and Norman Braman, Don Browne, Linda Coll, Marianne Devine, Michelle Diener, Lucia Dougherty, Sheila and Lawrence Forman, Pat Frost, Lilia Garcia, Jennifer Boin Getz, Sam Getz, Barbara Havenick, Florence Hecht, Gerri Helfman, Adolfo Henriques, James Jones, George Knox, Erika Koopman, Rahul Kothari, Richard Lampen, Kirk Landon, David Lawrence Jr., Randall Lee, Judy and Donald Lefton, Robert M. Levy, Adam Malamed, Jill and Robert Mark, Janet Moreira, Tracy Mourning, Melissa Netkin, Jonathan Nitkin, Leslie Pantin Jr., Adrienne Pardo, Beverly Parker, Wayne Pathman, Evan Reed, Gary Reshefsky, Stephen Riemer, Susan Rosenthal, David Samson, Lisa Schejola-Akin, Laurinda Spear, Mijanou Spurdle, Samuel A. Terilli Jr., Robert Traurig, Kelley Werner and Jody Wolfe.

Simply ask all of these people why The Miami Children's Museum is knowingly and blatantly violating the law. The violation is outrageous. Ask them whether the museum's adults are setting a good example for the law-abiding children of our community, whom they purport to serve. And tell all of these people that they should be as ashamed of themselves as our two mayors should be ashamed.

2. Contact your own county commissioner. County Commissioner Barbara J. Jordan was concerned enough about news reports last year regarding the museum's signage intentions that she requested a formal county attorney evaluation. Part of County Attorney Cuevas' April 2012 memo to Commissioner Jordan, her commission colleagues and Mayor Gimenez stated:

"If it were determined that a municipality [such as the City of Miami with regard to The Miami Children's Museum] is not properly interpreting or applying the Code, the County Commission or the Mayor could authorize that appropriate action be taken to require any city permitted or authorized signs not in compliance be made to comply with the Code or be removed."

Ask your county commissioner what she or he intends to do about the Children's Museum's clear violation of the County Code, and how soon they are going to act to unplug those three signs.

3. Ask yourself whether this is pay-to-play politics, once again, at Miami-Dade County. According to Mayor Gimenez's own website for his 2012 re-election, he launched that entire campaign effort on October 15, 2011 at the home of Jeffrey Berkowitz . . . yes, the very same, top leader of the Code-snubbing, law-breaking Miami Children's Museum.

Is the museum getting a free pass on its County Code violations because of the chummy, personal and very political relationship between Mr. Berkowitz and Mayor Gimenez?

You think?


Peter R. Ehrlich Jr. is a director of Scenic Miami-Dade County (www.scenicdade.org), an affiliate of Scenic America.


23 comments:

Lily said...

This guy has got my attention. I like him. Is he running for office? I will donate to his campaign and work for him.

Anonymous said...

Violating the sign code is just the tip of the iceberg. The strong mayor format annihilated all opposition to Mayor Gimenez, As strong mayor he is free to dictate with or without reason and anyone who opposes him is either laid off, demoted or transferred by his yes men. Unless the citizens of this community wake up and see the assault on our public monies by politically connected consultants and lobbyists, we will continue to hand out millions in tax monies to the friends of our strong mayor.

Barbara said...

Mr. Ehrlich's comments should awaken our community to the illegal activities supported by the politicians , who cater to their big campaign contributors in the outdoor advertising industry.

Let your mayors and commissioners know you will make your disapproval known at the ballot box.

One candidate running for county commissioner in Dist 8 - Katy Sorenson's old district - is Daniella Levive Cava. She has my support - I hope yours too - pls contribute to and volunteer for her campaign and then vote for her.

Anonymous said...

He should run for Sarnoff's seat.

Anonymous said...

Peter Ehrlich is one of the founders of Scenic Miami and Scenic Miami-Dade. Scenic Miami fights visual pollution in our community. The public should be informed there is now a fourth illegal LED billboard on the Children's Museum on Watson Island. Watson Island was chosen by billboard companies because Miami Beach residents and tourists use that route to enter and exit Miami Beach.

Anonymous said...

LED billboards, especially illegal LED billboards are disgusting. Studies have shown the bright lights distract drivers and lead to accidents. The billboards definitely make any community look low class.

Anonymous said...

The key word is "ILLEGAL." These LED billboards are illegal and unless they become legal, they are ILLEGAL. And of all places, four of them are on the Children's Museum. Those unique, angular aesthetically pleasing walls are now defaced with distracting, unapplicable illegal LED signs. What a terrible example to the children of residents and tourists who witness such ugly and illegal signage!

Anonymous said...

If you have lived in this town for quite a while you will recognize this individual. Alberto San Pedro, the formerly named Hialeah corruptor of the late '70s, owns the rights to several lighted signs in the city of Hialeah. Obviously, under the tutelage of Hialeah Mayor Carlos Hernandez, but as illegal and environmentally unfriendly as those lighted signs found in the rest of the county.

Anonymous said...

Whether Mr. Ehrlich decides to run for office in the future is immaterial. What is important NOW is for the many outraged Miamians to take action. We need to send e-mails and letters, make the phone calls, attend meetings, etc. The saying "Strength in numbers" surely applies.

Anonymous said...

I believe that these leaders want to bring a little bit of Las Vegas tawdry charm o the subtropics.

Anonymous said...

1- When Mayor Gimenez refuses to allocate sufficient budgets to county departments through restoration of property taxes, this forces the organization into PPP and privatization. He's cut over 12% from 2011-13 benefiting companies and not residents.

2- How much supplemental income is gained by these signs?

3- Track the personnel budget of the county, it's in a nose dive (except in the Mayor's $5.5 million budgeted office.)

Anonymous said...

Carlos Gimenez ran a campaign to become Mayor. During his campaign he promised to enforce the "laws on the books". Once elected Gimenez broke his promise.

Anonymous said...

I wonder if this 501C corporation is paying Federal Income Taxes on the profits from this commercial enterprise?

Anonymous said...

Profit? There is no profit in trying to make elected officials obey the law.

Anonymous said...

Peter pleeeeeaaaaassssse, look at the candidates you have endorsed in the past. Then you complain once they are in office? You can't have it both ways my friend. Start endorsing "new" candidates instead of kissing ass at city hall.

Anonymous said...

Children do not choose their parents.

Anonymous said...

A just as important question: where did MCM get the money for this? They barely have enough money to maintain their current exhibits or start new ones.

Anonymous said...

Since they're illegal, can we make a citizens arrest and tear them down on our own if the law refuses to respect the law?!? Its insane how all these illegal billboards remain. Maybe a kickstarter for graffiti artists to help take care of them....

Anonymous said...

The LED billboards on the Children's Museum are a total insult to the City of Miami Beach. The Beach's tourists blame Beach politicians and the Beach's residents hate billboards. But Jeff Berkowitz is the main problem. Berkowitz and his buddy Gimenez. Lots of blame to go around.

Anonymous said...

Miami is run by and for the beneifit of business. Untill more people get engaged in neighborhood associations and take action on City Wide Issues, we we get more of the same. Miami lacks City Wide Cohesion. Steve Hagen StevenMIA@aol.com

Anonymous said...

here we go again: corruption=Carlos Gimenez. when, if ever, will Rundle place him in a cell?

Lazaro said...

"Alberto San Pedro, the formerly named Hialeah corruptor of the late '70s, owns the rights to several lighted signs in the city of Hialeah"

Ooh, that must explain it! I don't know if it is owned by the same guy but last year they erected this huge light up billboard next to the Palmetto Expressway a few blocks behind Westland Mall in Hialeah. It's right next to a residential building and I'm sure the people there must be going crazy with that flashing light shining all night through their bedroom windows. Every time I drive by there all I can think of is what kind of animal allowed that lit up monstrosity to be built there. Granted, the building is already in a horrible location facing the Palmetto but that light flashing on it is just beyond ridiculous. It lights up the whole Palmetto facing side of the building. I can only hope they are rentals and not condos because even in Hialeah I don't think anyone would want to buy those condos anymore. I really hope the owners of the building got a say in the construction of the billboard or some compensation for their lost property value. Although knowing how things work around here they probably just built it without telling anyone in the neighborhood knowing that once it was up they weren't going to take it down. I bet the poor people in that building probably don't even have the knowledge and much less the resources to do anything about it anyway.

Anonymous said...

It is July, 2015 and Mayor Carlos Gimenez continues to look the other way as out-of-town companies with the help of local lobbyists violate the County Sign Code. Voters are fed up with
visual pollution.