Civics 101: The Evolution of a PAC

Angry. Frustrated. Disillusioned. These are the sentiments of many Brickell Homeowners Association Directors and residents after the most recent blow by City of Miami Commissioners overruling the will of BHA neighbors for the benefit of one or a few.

BHA residents may recall these earlier defeats at City Hall:

- Union meetings drawing hundreds of people, cars and congestion in otherwise residential Brickell are allowed by Commissioners despite their own zoning laws and massive disruption to neighboring residences.

- A plastic surgeon is granted a special exception to the zoning ordinance and allowed to buy a private residence to open up shop on otherwise residential Brickell (story below).

- While residents sleep, a huge gate is erected to block access to the primary thoroughfare for Wainwright Park users, residents and others, in essence granting the rich and famous a private street in Miami.

Déjà vu
The union. The plastic surgeon. "Sly-gate." BHA Directors discussed how the same sequence is common in all these situations:

The BHA Board, representing 29 members and some 5,000 households, takes a stand and communicates the viewpoint to City of Miami officials.

Often City of Miami zoning codes favor the stand of BHA, and City of Miami planning and legal staffs often advise City politicians in favor of the BHA side.

The special interest side hires one of a select few legal firms or lobbyists that always seem to be involved in these matters.

City Commissioners vote against the BHA, supporting the wishes of the one organization or single individual.

It Gets Worse
But now, the newest jab from Commissioners intro-duces a whole new, unsettling dimension. They've gone beyond eroding quality of life (not to mention pummeling faith in government). Now Commissioners are taking their victories from Brickell residents in check or money order form. Make the first one payable to the City of Miami, for a mere $160.00.

That's the pricetag for the arbitrary "Fire Rescue Tax" on condo owners to help the City out of its financial mess. Effective October 1 and billable January 1998, Brickell condominium residents will be invoiced a $160.00 annual tax. (Single family households in Miami will also be billed $160.00, but this will be offset by the City forgiving previously charged garbage feesin essence free garbage pick up. Condominiums receive no garbage services from the City, but rather are required to contract with private companies for garbage service.) Many worry that this newest, lucrative tactic of increasing City coffers will not end with this first tax.

That's Not What They Taught In School
BHA Directors have been investigating the central question: How can these things happen? The answer that most can't stand to hear: Politics.

It seems that while the BHA employs top-notch legal counsel in these matters (one BHA attorney was recently named circuit court judge), somehow the other sides' advisors seem to have more clout with the elected officials. They seem to deal with City officials on a regular basis and have an ongoing dialog, a "give-and-take," about what interests each side. For the attorneys, a.k.a., lobbyists, this would be their client's interests. For the elected officials, it's getting re-elected.

When choosing who to tax, Commissioners chose the group they thought would be less watchful, less vocal than say, single-family households. Brickell has a diverse, international constituency and is only a part-time residence for many homeowners. Many residents are not available, eligible or even registered to vote. Although votership is strong among registered voters in BHA precincts, (two-thirds voted last November), the politicians assessed there was less political clout on the condo side. Never mind that Brickell Homeowners already pay 10 percent of the residential property taxes for the City of Miami but only represent five percent of the population. Never mind that Miami Police report that the Brickell area generates the least amount of emergency calls in all of Miami. Never mind the irony of taxing Brickell for a service they're never likely to use.

BHA Directors are troubled that the fair representation process hasn't worked. The BHA approach has been a grassroots effort in which the association democratically determines the collective will of its homeowners on matters of common concern and represents this stand to those government officials empowered to make the final decision. But that hasn't worked.

Letters, petitions, open dialog and calm interchange with the proper authorities haven't worked. Turning members out to City meetings to make their opinions known hasn't worked.

Standing firm in beliefs about quality of life issues through legal battles to the end with outstanding legal counsel doesn't work.

BHA residents ask, "So, what's it take?"

Time To PAC It In
In the 21st century version of neighborhood politics, a Political Action Committee is the way many go about looking out for their interests. PACs are no longer the exclusive domain of the big-time players in big-stake politics. It's the way it's done even at the local level.

The Brickell Homeowners Association voted to support the formation of a Political Action Committee to be set up independently of the BHA in partnership with neighboring civic groups. The purpose of the PAC is to watch out for the interests of area residents in matters of local government and to support and endorse candidates who fairly represent these interests. Revoking the "Fire Rescue Tax" is at the top of the agenda.

Other neighborhood homeowners groups, such as the Northeast Dade and the Kendall Federation, have already gone the PAC route and are considered successful and powerful, Oscar Rivero, an attorney specializing in this arena, told the BHA. Mr. Rivero summed it up to Brickell residents last April in a discussion of ways to fight City Hall, "Two things motivate politicians: money and votes."

Information about the formation of the Political Action Committee, which is set up as an entirely separate entity from the Brickell Homeowners Association, is being mailed to area residents. It includes details about the goals and mission of the PAC and ways homeowners can get involved and make their views known to local elected officials.

The Brickell PAC organizing committee is asking for contributions of $100 to fund the formation of the PAC and to take on the first issue. If the PAC is successful in killing the $160.00 Fire Rescue Fee, "a $100 contribution to the Brickell PAC will save you money," the committee explains.

Brickell residents need not be registered or even eligible to vote to participate in the PAC Anyone with an interest is invited to become a member of the Steering Committee which will elect the PAC officers and board members.

The BHA, with a seven-year track record as the watchdog for residential Brickell community interests, is sponsoring the PAC and plans to invite neighboring homeowner groups to participate.

?PORQUE UN COMITE DE ACCION POLITICA DE BRICKELL?

Por Joe Guerra, BHA Director

Para mucho de los residentes que han vivido muchos anos en nuestro vecindario, la decisíon de la ciudad de Miami de imponerles a los dueños de condominios un "Impuesto para rescate de incendios" fúe la última gota de agua que lleno el vaso. Usted se recordaran que este impuesto era una manera que los Comisionados idearon a fin de recaudar ingresos adicionales una vez de conocer públicamente el estado caótico de las finanzas.

Es de admirar, los Comisionados piensan muy alto al calcular $160 adicionales por unidad, este impuesto tanto en condominios como en apartamentos recaudará aproximadamente un millon de dolares más al presupuesto de la Ciudad unicamente de nuestro vecindario! Y que sabemos lo que idiaran para el proximo año. ó el siguiente.

La mayoría pensamos que este impuesto no es justo. Por lo cual el Directorio Ejecutivo de la Asociacion de Dueños de Brickell votó para establecer un Comite de Acción Politica (PAC) una organización creada para protejer unicamente los de rechos de los residentes de Brickell. . .

. . .si eres dueño o alquila tu apartamente.

. . .si puedes votar o no.

Uno de las metas priomordiales del PAC es la de impedir Impuestos extraordinarios tal como el de $160 "Rescate de Incendio" Es la manera que todos podamos expresar nuestro sentir con hechos que nos afectan directamente nuestro hogar en Brickell. Es la manera de apoyar y endosar a candidatos, la cual es el método seguro de llamar su atención.

A fin de ser exitoso, el PAC necesita el apoyo de los residentes de Brickell. Con el apoyo y/o participacion de los residentes, el PAC de Brickell será la fuerza politica necesaria para la protección de neuestros intereses en la Alcaldía/Municipalidad. Por Favor pienses, al recibir nuestra carta y tarjeta, la manera en la que Ud. puede ser util o pueda ayudar. Ayuda al PAC antes que la Alcaldía/Municipalidad o sus oficiales se apropien de su dinero a traves de Impuestos adicionales or extraordinarios.

President's Column By T. Sinclair (Tory) Jacobs
Found Money?

The City of Miami is looking for new tax revenue in all the wrong places. . .in our pockets!

A prime example is the recently enacted City "Fire Rescue Fee," starting this January at $160 per year for each condominium unit. This "fee" is a flagrant attempt to circumvent the ad valorem tax cap.

Your BHA Board of Directors, recognizing the Brickell community's need for a stronger political voice, voted to support the formation of a Political Action Committee. The cover article and the Mission Statement in this BHA News issue tell the story. (En español, page 11)

The success of this program is up to all of us.

We can continue to be the City Commission's golden-egg-laying goose that can be plucked at will and otherwise ignored. Or, we can write our checks and encourage our neighbors to write theirs.

We will not be making charitable donations. . .we'll be looking out for our welfare.

Isn't it high time that someone looked out for the Brickell Community? Now. . .that someone is you!

The BHA Board is mailing a solicitation letter to all condominium unit owners. We're looking for a $100 contribution, though, of course, we'll take more from those who feel strongly and can afford it, and we'll happily accept smaller contributions.

We are mailing to resident owners and nonresident owners, even owners whose primary residence is offshore, because all owners, and renters, too, have a vital stake in the Brickell Residential Community. We must protect our turf!

And now, for the first time, even those who are not eligible to vote in Miami will be politically empowered. . .they will have a political voice through the Brickell PAC!

This is a great opportunity for those of us whose schedules do not permit us to support our Brickell community by participating in meetings, etc., to be a part by just mailing a check.

And for those of you who send $100, if we are successful in killing the $160 "Fire Rescue Fee," you'll still be $60 ahead.

NOW is the time for all good men and women to come to the aid of their Brickell home. . .and their investment.

Please mail checks made out to: Brickell PAC Organizing Committee, c/o Brickell Homeowners Association, 195 SW 15th Road, Suite 203, Miami, FL 33129

Plastic Surgeon Snubs Nose at Commission's Resolution: Doctor Violates Ordinance, Removes Tree

In a move that seems to indicate little regard for the rules that came along with the "Special Exception" granted to him by Miami Commissioners last spring, the plastic surgeon at 1900 Brickell removed a tree in the front of the property without obtaining a permit and in direct violation of the resolution governing his use of the property.

When the City of Miami Commission allowed the doctor to open up shop in the residential Brickell area despite vigorous dissention from the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association, they did include a few little restrictions. One of these restrictions said that the exterior could not be changed without prior Commission approval at a public hearing.
The City has cited the doctor for tree removal and will handle that matter administratively. The BHA is awaiting word on the City's response to the violation of the resolutions accompanying the Special Exception to the zoning ordinance.

The City's law department did issue an initial report, however, that explained the City can rescind the special resolution if the "City Commission finds that there has been a violation of any conditions, restrictions or limitations in the resolution."

In addition to recision, the City reported, ". . .any one violating or failing to comply with requirements of the zoning ordinance 'shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars.'

"Upon demonstration to the City Commission that the property owner has violated any term, condition or limitation set forth in the City's Zoning Ordinance, Special Exception Resolution or in the Recorded Declaration of Restrictive Covenants, the City may file civil, criminal or equitable legal proceedings against the property owner."

Editorial Note: Even if the Face Ace didn't know you're not allowed to cut down trees (an environmental and civic "no-no" known to most), surely he remembers there is a legal battle still going on over his commericalization of the property along otherwise residential Brickell. And, he's got to remember that the Comissioners, while accommodating his single request against the will of scores of neighbors, did ask for a few face-saving concessions. Apparently these are five faces the surgeon doesn't care about lifting. Anyways, it's just a little egg on the Commissioners' faces, nothing they haven't been able to wipe aside before.

The Gate's Open at Alice Wainwright Park, for Now

Residents of Brickell and surrounding neighborhoods are awaiting the County's decision on the controversial gate at Alice Wainwright Park.

Supporters of the gate in the exclusive Cliff Hammocks Association said the primary reason for installing the gate was crime prevention, and originally promised it would be closed for only a few hours in the middle of the night. However, before the City Commission they requested permanent, 24-hour closing, a notion which created a public uproar.

Scores of residentswalkers, joggers, skaters, cyclists and others who use the routesaid putting a gate on a public right of way is unacceptable. The City kicked the issue over to the County saying it was really their call. A report is expected from the County this month. In the meantime, the gate remains chained and locked, open.