Cover Story
Chronicling a Movement
Ultra Must Go. No More Abusing Bayfront Park and Thousands of Downtown residents. NO MÁS!
[The article Chronicling a Movement has been combined with the commentary Let Parks Be Parks and the editorial Enough Is Enough to present a broader picture of the battle for safeguarding Bayfront Park for downtown residents. It is presented in three parts and an epilogue.]
Part I
For urban residents nature means parks. Great cities are known for their open spaces, like London’s Hyde Park or New York’s Central Park. President Theodore Roosevelt observed, “The nation behaves well if it treats its natural resources as assets which it must turn over to the next generation increased, and not impaired.”
Bayfront Park should be one of those world landmarks, and guarantee residents their inalienable right to green-space. “Really,” said a tourist, in awe, “this park has no comparison.” He was talking about the blue moon just above his reach. He was lucky, to be in the right place at the right time.
Downtown residents are not as lucky. In the first 4 months of 2018, Bayfront Park was either closed to the public or in a state of disrepair for 95 of the 133 days. To many who live in the vicinity, this is more than an affront; it is a violation of the charter that created the Bayfront Park Management Trust (BPMT) in 1987. The BPMT’s express purpose is to “manage and maintain all aspects of Bayfront Park for the purposes of ensuring maximum community utilization and enjoyment.”
Here is the tricky part: the trust must also “encourage the fullest and most active participation and cooperation of private enterprise.”
The two mandates, both essential to the park’s survival, are manifestly at odds. It is difficult to fathom what kind of magical balance between a public park and profit-generating venture was imagined back in 1987, but just over thirty years later, it appears to have been doomed from the outset. Bayfront and Museum Park are the only parks in Miami not funded by the City, and the absence of public funds forces the BPMT to yield to whoever wields the cash.
And cash-wielders include mega-festivals that lay siege to the Park — not a figure of speech: during the biggest events, over one hundred and fifty thousand concertgoers might occupy Bayfront, with all the noise and inebriation one might expect.
Adding to this, the city closes all the northbound lanes of Biscayne Boulevard during mega-events, forcing traffic through other downtown avenues and streets not equipped for the massive influx. Thousands of residents get trapped in their apartments or flee the city, incurring onerous expenses.
Businesses, too, are affected, as downtown Miami becomes virtually inaccessible to both employees and customers. Emilio Calleja owns a restaurant in Bayside Market and has quantified the effect: His restaurant suffers a 40 percent decrease in business during mega-events.
Doing the Numbers
For the fiscal year starting October 1, 2017, and ending September 30, 2018, the Miami City Commission approved and adopted a resolution for the annual budget of the Bayfront Park Management Trust in the amount of $10,176,705.00, to provide for operations, maintenance, and Capital Improvements.
Most of that budget is allocated for special events, with only a third of it earmarked for regular park operations, administration, and maintenance. In other words, by kicking out mega-events, Bayfront Park can be maintained and managed for an estimated $3 million.
“The City Commission allowed dozens of developers to build residential communities in downtown Miami,” observes Cristina Palomo, former President of the Downtown Neighbors Alliance. “Recognizing downtown as a residential district by granting development permits, the Commission must also allocate the resources that every city allocates to residential areas — including the resources needed to develop and maintain green spaces.”
Securing $3 million for a thriving community one wouldn’t think prohibitive — not considering downtown residential properties constitute over $1 billion of Miami’s property tax base, and downtown residents generate over 200 million in financial impact. “Under reasonable circumstances, it wouldn’t be,” says one resident, “but unfortunately, along with our beautiful surroundings, we’ve also got politicians.”
A Human Account
“The dawn of a new day breaks over this beautiful city and I, exhausted and bleary-eyed, make my way out of bed. Bayfront Park was not kind to me last night. I managed to sleep a whole three hours, average these days. With my six-month-old in tow, I head across the street for our morning walk. As I survey my surroundings, a few things are brutally obvious. The ground is covered in debris and trash, signs that last night’s event was a successful one. In the areas where grass should grow, the fallow land and dead foliage take on a burnt mustard hue. Interspersed are piles of vomit, discarded beer cans and smatterings of feces. I had always considered that Bayfront Park should represent the best of what this city has to offer. It is perfectly located and surrounded by limpid, crystal clear blue water. In what should be a place to celebrate the diversity of the city, a place to enjoy time with our families and friends and be surrounded by the magical interplay between land and sea, what we have instead is a true embarrassment. Bayfront is a place unfit for residents.”
And repressing anger, Matilda Kalaveshi, points out that downtown Miami is a thriving community of thirty thousand residents, “a neighborhood!”
Before the Commission
Anger can lead to idle complaining or action — as in political activism. On May 24, Some 30 residents appeared before the City Commission to demand that the city fund Bayfront and, in the colorful words of Reverend Pedro Martinez, stop “prostituting the Park.”
Cristina Palomo states:
“Bayfront and Museum Parks are Miami’s premier parks with 62 acres and over 2 million visitors per year. While also serving as an international tourist destination, for thousands of residents in adjacent communities, these parks are an integral part of our living space. They are the playgrounds for our toddlers, where we exercise or walk our pets, and where our kids learn to ride their first bikes. These parks are the only green space we have available. But what we, as residents, have found out is that access to the parks is increasingly limited.”
Matilda Kalaveshi’s turn:
“My husband and I moved to downtown five years ago and invested in an area of Miami that is trying to reinvent itself and revivify. It is not the cleanest, safest or prettiest. However, we invested in the hope that this city and its leaders realized the value of a well-developed downtown area. It is a simple fact that if you live in this part of Miami, your personal wellbeing and that of those around you is unfortunately tethered to Bayfront Park.
“As a resident, it has been made clear to us that the concerns of downtown residents are secondary to the politics governing this misguided monolith. The relationship with park management to this point has been unsavory for the residents, as we have been forced to swallow a bitter reality. Wellbeing is not a concern of those who represent us. In this part of town, we suffer on a daily basis.”
Asked for specifics, Matilda recounts how she has to place her toddler in her stroller so she can sleep in a closet because that is the only place noise is somewhat mitigated.
Science against Demagoguery
Downtown resident Itai Benosh wonders if realtors should be forced to disclose, just as cigarette packages have cancer warnings, that living by the park is harmful for your health, especially if you are part of the increasing trend of families with children moving into the area (a trend highlighted in the recent demographic study done by the Downtown Development Authorities). Benosh is a man who deals in facts, so he is not merely expressing an opinion. He has come armed with science to prove his point.
“In 2018, Ultra executives claimed to have the world’s best sound engineers and would direct noise away from residential communities. The 50 Biscayne Board of Directors decided to put that claim to the test. They retained a top acoustics engineering firm to conduct a study at 50 Biscayne before, during and after the 2018 Ultra, with noise measurements taken at multiple locations throughout the property. The study confirmed that noise and vibration levels significantly exceed standards set by the World Health Organization, the US Center for Disease Control and others.”
Other points he highlights from the study:
“The disruptive nature of these intrusive bass sounds can disturb the peace, quiet and comfort, and consequently seriously degrade the quality of life, and cause negative health effects for residents.
“Sound levels produced by Ultra are high enough and persist long enough to cause hearing damage for residents located at the Associations’ common elements, including the pool deck, and on private property.
“Sound levels consistently exceed the WHO health criteria of 70 dB, which indicates the likelihood that the Ultra noise will produce other negative health effects, related to hypertension and ischemic heart disease.
“The noise induced vibration of windows and blinds and other building features such as light fixtures caused rattling to be noticeable. A comparison with criteria developed by NASA for the potential damage to housing structures due to rocket takeoffs show that the Ultra event can cause levels of noise which exceed the NASA guidelines. According to the NASA criteria, these high levels of noise are likely to vibrate nearby buildings, causing minor damage to the fixtures, finishes and possibly the structure. This was confirmed by observations that the building was perceptibly vibrating during the Ultra event.
Benosh concludes, “When residents describe the experience as “earthquake-level,” please take it at face value. That’s exactly what it feels like.”
Time for Change
“Here we are in 2018, as a city vying for the likes of Amazon, and negotiating a ten-year contract with F1 which arguably will put us on the world stage,” adds Cristina Palomo. “But if we want to truly become that world-class city we have to put our money where our mouth is and make it truly great by investing in our most prominent public spaces. These are our premier parks, a testament worldwide to Miami’s beauty, and we too, like Miami Beach with South Pointe Park, must have a world-class open space that leaves a lasting impression on visitors from around the world no matter what time of the year they visit our city.”
The morning after appearing before the City Commission, Matilda Kalaveshi couldn’t help feeling a sense of helplessness: “I have reached out to anyone who will listen including two commissioners, a mayor, a noise compliance team, Bayfront Park Management and have made little progress. Last night we aired our grievances, but, again, a promising invitation turned sour. It became clear that the meeting was not about us but more of an opportunity for commissioners to openly continue an ongoing feud regarding park management and funding in front of interested and concerned citizens. The meeting concluded with one commissioner walking out. Given these circumstances, I can’t help but think we are pawns in this chess game, where disruptors like Ultra and other entities ultimately reign and unabashedly impose their will.”
In Life, As in Chess, Forethought Wins
Our feuding commissioners might have mistaken citizens for pawns in their power struggle. But downtown residents aren’t disposable entities, and once again have risen to the challenge. In today’s world, every fight starts and ends with a lawyer. A group of downtown residents retained the services of Dubbin & Kravetz, a local litigation firm, to battle over the future of Bayfront Park. Hiring a lawyer might seem an insignificant tactic, but chess masters insist that big moves — those that propel a series of checks leading to mate — start with one small serious threat.
PART II — July
Commentary by Matilda Kalaveshi:
September 13 will be the day when the City of Miami Commissioners will cast their vote regarding the renewal of Ultra Music Festival. The long-awaited decision, initially set for July 26th, holds a lot of weight for us downtown residents, as the consequences are real, palpable and potentially far-reaching. Will it ultimately prove to be a poisoned chalice or will it be the aqua vitae residents of this neighborhood desperately need to slake their thirst?
The last couple of months have been filled with meetings, agendas, social media posts and advocacy with our commissioners. All done with one goal in mind, saving our park and neighborhood from the abuse it has been put through during the past years.
If we are to be optimistic about those casting votes, then this day will be the manifestation of a united community demonstrating to the Commission a commitment to fight for our rights and for a better downtown. We can’t afford to be pessimistic. Cautiously hopeful. Screw your courage to the sticking place. We await our turn in front of the commission with an open mind and a committed spirit.
It will be the day when we will know if we need to look for hotels and flee our apartments come March 2019, or if we can, for the first time in a long while, abide in our own homes on what is known as the dreaded “Ultra weekend”.
It will be the day when our commissioners will become heroes in standing for what is right instead of buckling under rapacious corporate greed. It will be the day when we can all move on to other important and pressing issues.
Part III — September
Editorial by Amal Solh Kabbani:
Enough is enough. No mas! The time has come for downtown residents to reclaim our green space. Our parks should serve as green spaces for the community, not a cash cow for the city, as stated by Commissioner Ken Russell. Private mega-events should be directed to appropriate venues outside high-density residential areas. Please join your neighbors on September 27 at City Hall to demand in unison: Stop private mega-events at Bayfront Park and vote NO on a contract renewal for Ultra!
The contract that will be brought for a City Commission vote on September 27 lacks the limits and protections sought by downtown residents, including shorter park closure and rehab periods, stricter noise limits, a minimum distance between stages and residential communities, and other protections the DNA judges necessary.
These demands are not arbitrary. For downtown residents — tens of thousands, including families with children — nature means parks. But Bayfront Park was closed to residents for five of the first six months in 2018. Mega-events like Ultra not only exile residents, they pose serious public health threats. Noise is so high that hearing can be permanently damaged. Sound levels consistently exceed the World Health Organization’s criteria of 70 dB, which indicates the likelihood that the Ultra noise will produce other negative health effects, related to hypertension and ischemic heart disease. When residents describe the experience as “earthquake-level,” it’s not hyperbole. That’s exactly what it feels like. I know, I live across the street from Bayfront Park.
Unreasonable Demands?
Here are the two pertinent officials on record: Commissioner Russell stated in a Downtown News op-ed: “Our parks are not profit centers — they are amenities for our residents to enjoy.” And Commissioner and BPMT Chairman Joe Carollo stated that he has plans for alternative revenue sources that will replace or exceed the revenue generated by Ultra without causing any of the noise, disruption or park closure associated with it.
Epilogue: Downtown Miami Wins!
September 27, 2018.
Ultra No Más. Not in Bayfront Park. The City of Miami Commission voted unanimously not to renew the Ultra Contract.
A community working together can move mountains, and this was not just any mountain. Ultra paid an army of lobbyists to influence our elected officials. But today reason prevailed: Mega-events can’t coexist with residential enclaves. Events that threaten residents’ health and well-being must never be allowed. Ultra can and should find an appropriate place in our vast Miami.
Today, downtown extend its gratitude to a dedicated team of warriors who fought relentlessly and to the five City of Miami Commissioners.
And it’s quite fitting to close this chapter of Downtown Miami’s history recalling an exchange at the outset of the monumental battle — not hyperbole here — between a somewhat overwhelmed downtown resident and Itai Benosh:
“Fighting for Bayfront Park, doesn’t it seem like a very uphill battle?
With everything that had been happening, it was starting to dawn on the resident that maybe it could be time to simply go and live elsewhere.
Benosh replied:
“Every battle that I have ever fought in my many years in the army was fought uphill, on a moonless night, in the fold of the map, and then it started raining. C’est la vie, mon ami. Downtown Miami has such great potential. I can see an amazing, vibrant urban core right around the proverbial corner. But yes, it will require time, effort, a lot of willpower, and many visionaries who aren’t afraid of an uphill battle, on a moonless night, in the fold of the map, when it starts to rain.”
