Reprinted from BHA News, Winter 1996
Brickell Avenue Surface:The Final Word is Not Good

Brickell Homeowner directors got the latest news on the Brickell Avenue pavement resurfacing job. It was not good.

While bad news may not surprise most who have been following the ongoing saga of the new checkerboard roadway, a glimmer of hope remained in our last report in November that something could be done to improve the patchwork appearance of Brickell.

The hope rested with Dr. Jamshid Armaghani, state pavement evaluation engineer with the Florida Department of Transportation in Gainesville.

Dr. Armaghani responded to Brickell residents' pleas to search for possible remedies to the mismatched cement. The aggregate for the new concrete slabs was not matched to the pinkish hue of the weathered Brickell Avenue cement when repairs were made last year, leaving most mistakenly thinking that the job was not done, that surely "finishing touches" remained. Dr. Armaghani researched paints, bleaches, acrylic toppings and chemicals that could create a uniform appearance.

No Solution
In a memo dated Jan. 17, 1996, to Jose Gomez, director of operations for FDOT District VI, Dr. Armaghani wrote that his national search for remedies used elsewhere found no potential solutions for Brickell Avenue.

"These surface treatments may be suitable for sidewalks and driveways of homes and office buildings," he wrote. "However, their use on city streets will be disastrous with respect to pavement color, longevity of these applications, and most importantly, safety of driving public.

"Our test records show that the frictional resistance of pavement surfaces is reduced drastically to an unsafe level whenever paints or thermoplastic lane markings are used on pavements along the wheel paths," Dr. Armaghani wrote.

The only thing Brickell area residents can hope for is a blending over time. Dr. Armaghani estimates that time to be between two and five years. In the meantime, it's checkerboard square.

Abreu's Response Leaves Questions Unanswered
Readers may recall that a letter published in the last newsletter from BHA president Tory Jacobs asked several specific questions. The letter was sent to the FDOT's District Secretary Jose Abreu, and dealt with aesthetic considerations, communication between FDOT and the association, and the schedule for additional repair work.

Abreu's response is not specific to BHA concerns but rather sets forth the broad scope of FDOT's responsibilities.

"Inevitable?"
In a response that directly addresses Brickell residents' displeasure with the job, the FDOT chief in Tallahassee, Secretary Ben. G. Watts, said that the "mismatch in color between the new and the old pavements was inevitable and could not have been avoided."

Previously, FDOT officials had said that they did not even consider color matching as a factor in the planning of the job and admitted at least they should have tried.

The Bottom Line
The only viable solution is to repave the entire street, both the old sections and the newly replaced slabs. Not only would it be extremely difficult to induce the Sate to fund the project, discussions with BHA members suggest that the majority haven't the tolerance to go through the mess, inconvenience and increased traffic accident rate.

While the median landscaping issue has come to a somewhat satisfactory resolution, Brickell Homeowners Association directors are still trying to work with the Florida Department of Transportation on resolving the rehabilitation project that left Brickell Avenue looking like a "broken checkerboard."

Added to the dilemma of fixing the eyesore, communication from FDOT continues to have its highs and lows. (See letter to District Secretary that follows.

Residents continue to voice their disappointment while BHA directors search for way to improve the appearance of the roadway. A Florida International University professor, Dr. B.N.O. Attoh-Okine, and FDOT experts from outside of South Florida have been called in for guidance. Short of redoing the entire Avenue from 15th to 25th Road, which would be tremendously expensive and inconvenient (again) for residents, the experts say that possible remedies are extremely limited.

Resurface? Redo?
The roadway cannot simply be resurfaced with a layer of nice, black asphalt, because the asphalt would crack over the concrete base and require frequent, costly maintenance, the experts agree.

Paints, plastics or other coatings, such as those used for driveways or patios, would not stand up under all the traffic traveling Brickell, which is officially part of US Highway 1. (Brickell traffic is expected to increase significantly when the Brickell Bridge reopens.) Additionally, such a coating may make for a slippery safety hazard by decreasing road friction, experts warn.

Adding a whole new layer of uniform concrete would require first grinding down the current concrete, making for another lengthy, and messy, construction project.

Testing the Law
BHA Directors are presently reluctant to test FDOT's compliance with the amendment to Florida Statute F.S. 336.045, effective April 8, 1992, which calls upon FDOT to develop standards and criteria for road design, construction and maintenance, specfically including appropriate aesthetics. According to FDOT's District VI Director Jose Abreu, no formal standards and criteria have been developed to date. FDOT has acknowledged that they should have at least addressed trying to match the new cement and aggregate to the old, but it was simply overlooked.

FDOT representatives told BHA directors at their October meeting that they will consider expanding their quest for possible solutions by testing some new products on the market. Dr. Jamshid Armaghani, FDOT's chief pavement engineer from the State Materials Office in Gainesville, is researching products and other states' experiences, but said he needs authorization from this FDOT district before he can conduct actual tests.

FDOT representatives did not attend the November BHA Board of Directors meeting and report any progress, but have promised a report back to BHA Directors in January 1996.

Structurally Sound?
While aesthetic concerns remain unresolved, Dr. Armaghani reported that in his study conducted in October he found that Brickell Avenue is structurally sound. He said that the longitudinal joint down the middle is a deliberate, "orderly crack" and the roadway exceeds today's strength requirements. He said the new concrete slabs added were also sound, although he recommended joint fillers for between the slabs for a quieter, more comfortable ride.

Earlier Dr. Attoh-Okine had raised questions about the structural soundness of the road, but upon conferring with Dr. Armaghani, he reported his concerns were answered by Dr. Armaghani, whom he considers the foremost "expert in the country."

Dr. Armaghani explained that the roadway created in the mid-1930s on the coastal ridge is well built and includes a layer of steel under the concrete. Only six percent of the 35,000 lane miles of state highways are concrete.

Median Landscaping Improved
The Florida Department of Transportation appropriated an additional $30,000 toward the improvement of the median landscaping project that fell short of many residents' expectations. The additional funds covered about 90 more trees, which met most of the requests of the BHA ad hoc committee headed by Roberta Slonim and Fran Zion.

Enrique Nunez, landscape architect with the City of Miami Public Works Department, developed the specifications based on the committee's recommendations.

The landscaping has been completed but will continue to be monitored by FDOT and is still under warranty. The City of Miami Public Works will contract with a private vendor to maintain the planted areas when the FDOT contractor is released.

BHA Hears from Police
In response to the BHA's request for assistance from the City of Miami Police Department in keeping vehicles off the newly planted Brickell Avenue medians, Chief Donald Warshaw sent out an Official & General Bulletin, Aug. 29, 1995, that stated:

"No Parking On Brickell Avenue Medians: The medians along Brickell Avenue are being renovated and landscaped by the Department of Transportation at a great cost to the taxpayers. The City of Miami will become responsible for the maintenance and care of the medians. Therefore, it is requested that no vehicles (including utility company trucks) park on the medians. Officers are to take enforcement action against any violators to ensure that the medians are not destroyed due to parking."

November 30, 1995

Jose Abreu, P.E.
District Secretary, District VI
Florida Department of Transportation
1000 NW 111 Ave., Rm 6207 C
Miami, FL 33172

RE: Brickell Avenue Pavement Rehabilitation

Dear Jose:

On September 15, 1995, we sent to you by messenger Dr. Attoh-Okine's Survey Report of Highway Surface Condition on Brickell Avenue from S.W. 15th Road to S.E. 25th Road, along with a covering letter asking you to call with your comments.

As you know, Dr. Attoh-Okine of F.I.U. is a member of the FDOT Pavement Research Advisory Board. We had asked Dr. Attoh-Okine for recommendations at to what, if anything, could be done to improve the appearance of Brickell Avenue pavement . . . to remedy the patchwork, checkerboard look of the roadway. To our surprise and dismay, Dr. Attoh-Okine identified some structural problems with the newly installed slabs.

Though we did not get your direct response, we were advised by FDOT staff that there were no structural defects.

On Friday, November 17, 1995, a minimum of six new concrete slabs were installed in the 10 blocks of Brickell Avenue between 15th and 25th Roads. In fact, the barricade at Brickell and 15th facing north read "ROAD CLOSED" with no notation of "Local Traffic Only." We have two problems with this:

1. If there were no defects, why were the slabs replaced?

2. FDOT District VI staff had assured Brickell Homeowners Association that they would be represented at our monthly board meetings until the project was

completed and that we would be advised in advance of all construction work.

FDOT was not represented at our November 15th board meeting and we were not informed of the weekend barricades and concurrent pavement repairs.

We are sorry that it appears that District VI staff have not been able to live up to their commitments to Brickell area residents.

We were very appreciative of FDOT's Gus Graupera bringing Dr. Jamshid Armaghani of FDOT's State Materials Office in Gainesville to our October Board Meeting. Dr. Armaghani was most understanding of our concerns regarding the mismatched pavement coloration and agreed to explore solutions, including the testing of various paints, stains, coatings and bleaches as suggested by BHA members, provided the tests were approved by District VI. He also suggested testing use of a joint filler to provide a quieter, more comfortable ride.

Since the October 18th meeting, District VI staff has not found time to follow through with Dr. Armaghani.

Jose, awhile back, we agreed that there had been some communications problems between FDOT/District VI and the Brickell residents. We thought we had overcome the problems and established not only good communications, but also a climate of goodwill and mutual respect. During the "honeymoon" period you were most gracious in funding enhancement of the median landscaping.

At this time, it appears that the honeymoon is over. Must it be so? Must the Brickell Homeowners Association change its name to "Checkerboard Square" Homeowners Association?

Sincerely,
T. Sinclair (Tory) Jacobs, President, BHA

When asking residents if they like the work on Brickell Avenue their typical reaction is noncommittal, until they are told that the road repaving is complete and the landscaping only has sod to go. Then they become alarmed at what's been done. . .

It's the old "good news-bad news" clichè. The good news is that the noisy, disruptive trucks and heavy equipment are gone at last from Brickell Avenue. The bad news is, they're not coming back.

Somehow, the Florida Department of Transportation and the City of Miami's view of this beautification project has not come close to matching the vision of Brickell area residents. Both FDOT and the City say they've done exactly what they set out to do, that the results are according to plan and residents should not be displeased.

Many residents, including BHA board members who have met monthly with officials in charge of the job and have made residents' views known all along for more than a year, feel strong action should be taken by Brickell residents now. Accepting this as final is unacceptable, many feel. (See column, next page.)

Residents are disappointed in the landscaping and don't see the canopy effect they were promised. They see small trees, many of which look sick and about to die. They don't see design consistency, or the "...tropical and colorful landscaping [with] trees to fill in the canopy effect and flowering plants to add color" as promised when the project began last summer by Enrique Nunez, the City of Miami's landscape architect on the project.

The Landscaping: Does It Just Need Time?
The BHA formed a Median Committee with landscape architect Richard Rogers, who is in charge of Miami Airport landscaping, as a member. The committee met several times with FDOT Project Director Gus Graupera and provided a list of concerns and recommendations. They reported they could never get a meeting with the key person, Enrique Nunez. They have not heard back on their recommendations which were to have been forwarded to him.

Among the concerns the committee cited, one of the most perplexing had to do with trees that were already planted, pulled out of the ground and then left to die. Prior to the new planting, residents had been upset and dismayed by the removal of large, seemingly healthy trees, particularly one at 15th Road.

The work is still in progress, however, with workers still on the project, Nunez said. Trees will take time to fill in.

Ana Gelabert, a landscape architect and now the City of Miami's Downtown N.E.T. administrator, originally created the median plan. She said the tree sizes were as large as could be transplanted without high risk of failure.

"The trees are a nice size," Gelabert said. "You are comparing them to the [full-grown] trees that are still there."

The subcontractor for the landscaping provided a guarantee to FDOT of one year for the trees and six months on some plants, after which the City of Miami will take over maintenance. The BHA committee cited concerns about some ground cover used that will require frequent trimming for traffic visibility. Will the maintenance be adequate after the guaranties expire?

The leaky pipe irrigation system activated by solar cells will provide the correct level of water for maintenance, Nunez told BHA President Tory Jacobs.

This Part of the Problem Won't Grow Away
While work continues on the landscaping, the roadway is the major sticking point, since FDOT says it is complete. Many residents mistakenly think there is a "top coat" to come. What is there is not a base; it's the new road.

"The patchwork look, the mismatched cement?" residents ask. FDOT says that it's all permanent. And it turns out that the cement will not cure to match in "a year" as residents were once told by the FDOT. Apparently matching the new cement to the old was not a factor that PJ Constructors, FDOT's contractor on the job, was asked to consider when choosing the concrete mix.

Is the FDOT Negligent?
BHA directors are investigating what recourse, if any, they would have against the FDOT. A Florida Statute enacted in 1992 addresses the "uniform minimum standards for design, construction and maintenance" of county road systems. It says that designs for roads shall provide "the appropriate aesthetics based upon scale, color, architectural style, materials used to construct the facilities, and the landscape design and landscape materials around the facilities."

BHA directors have made an inquiry to Jose Abreu, district secretary of FDOT here in Miami, as to what aesthetic standards were considered in the Brickell Avenue job. BHA wrote to Abreu in late July explaining the feelings of the residents:

"Brickell Avenue from the new bridge to Rickenbacker Causeway is one of Miami's prime thoroughfares, traversing the premier high-rise residential community and our world-class international financial district.

"But the street's appearance in no way lives up to the neighborhood. It is an eyesore, with permanent jagged cracks running through the center of the pavement. It looks like a broken chess board.

"Brickell Avenue must be redone to aesthetic standards consistent with the area it traverses."

BHA is awaiting a response.

Reprinted from BHA News, Summer 1995
Column: "Beautification Plan Was a Lie" By Fran Zion, Esq.

Over one year ago as Miami prepared to host the Summit of the Americas and the Superbowl, the City of Miami and the Florida Department of Transportation announced the commencement of a project, "The Beautification of Brickell." The plan included repairing and repaving the street surface of Brickell, adding new trees and foliage, and installing a porous pipe irrigation system down the center median. Brickell was to be restored to its pre-Hurricane Andrew splendor.

The beautification of Brickell was a lie! Why? Because what you see is what you get!

The Street
The street surface is to remain as is. The contractor was not asked or required by FDOT to mix a concrete that, when cured, would match the old concrete. Therefore, we have been left with an ugly patchwork mess. FDOT has said it will not spend the funds to resurface the street or make the surfaces match.

The Median Landscaping
Where is the foliage that was supposed to be the glorious centerpiece of the plan? When asked, FDOT said they had an approved plan that BHA residents saw, and if we are not happy with the small, dead trees and haphazard planting it is our own fault. However, when we ask to review what was approved, those plans are no longer available to us.

A professional landscape architect has reviewed the residential area's trees and ground cover. He has confirmed that the ground cover is the type that requires extensive maintenance. He gave suggestions for a lush, low maintenance ground cover and full trees that will provide a canopy. You ask, the City's response? The City planner and FDOT have said, mind your own business; we're going to do it our way. If no one likes it when it's finished, then let the residents spend their own hard-earned dollars to change it.

The foliage design of Brickell Avenue has been chopped in two. The business section runs from the new bridge to 15th Road. That section has been designed by a privately hired landscape architect. The residential section, from 15th Road to 25th Road has been left to the whim of the FDOT and City planner.

Does this mean the business district should not worry about their foliage? Wrong! While their private architect's plan is impressive, the entire street is to be maintained by the City of Miami. Let me ask you, have you seen how high the grass is lately? Can anyone see over the grass? Where exactly are the City crews? These are the people that are to maintain our neighborhood.

This should not only scare but infuriate you. These guys are spending our tax dollars and destroying our property values. In comparison to the private grounds of the condos that line Brickell Avenue, "The Beautification of Brickell" is only a reminder of the destruction of the beauty that originally brought us to this area.

The residents of Brickell Avenue contribute 9.3 percent of the total residential tax revenue for the City of Miami. The average property value on this street is at least $150,000. If we allow the FDOT to walk away from this project without responsibility to this area, it will send a message to treat the rest of South Florida likewise and eventually we shall be ashamed of it all.

We have the power to send a message to the elected officials and others involved. This is our neighborhood. If we don't care, no one else will.

What Should You Do?
Get mad. Get involved. Lend your voice through sharing your support. If you care, let the FDOT and the City of Miami know before they finish spending your money and leave you with a blighted neighborhood. Call or write to:

Locally:

Jose Abreu, P.E. Phone: 470-5197

District Secretary, District VI

Florida Department of Transportation

1000 NW 111 Ave.

Miami, FL 33172

 

Jim Kay Phone: 579-6865

City of Miami Public Works Department

275 NW 2nd St.

Miami, FL 33128

 

In Tallahassee:

Buddy Marucoux Phone: (904) 488-6721

Assistant Secretary of Transportation/District Ops.

605 Swanee St.

Tallahassee, FL 32399

Please include in your letter "State Project #87030-3514 Repaving SR5/US1" and provide me with a copy of correspondence you send. If you have questions or suggestions, please contact me:

Fran Zion, Law Offices of Vargas & Zion

9350 S. Dixie Hwy., PH 2, Miami, FL 33156

Phone: 670-9994. Fax: 670-0948