Fire Rescue Fee: Reasonable or Dangerous Precedent? Neighbors Fear Floodgate Opened

For some, the battle of the Fire Rescue Fee is settled. The final amount of the fee seems much more palatable than the proposed $160 a year a mere $24 for condominium and single-family owners.

The tax is also being imposed more equitably than originally proposed condo, apartment and single-family owners will all pay, rather than just condo and apartment owners.

Further, the fee is being used for capital improvements of the fire rescue service (new trucks and renovated stations), and will end in five years, Commissioner JL Plummer said, which some find reassuring and reasonable.

But for many, the battle of the Fire Rescue Fee is far from over. The legal challenges have begun by a number of parties who contend the fee is an additional tax, "an end run around ad valorem taxes," illegal and unconstitutional. Any amount, even one penny, levied in this way is unacceptable, opponents contend.

The Coalition of Real Estate Owners and Organizations, CREOO, and Taxpayers and Tenants United For Fairness, TTUFF, have filed suit and vowed to fight all the way to the Florida Supreme Court. It may become a class action suit.

The Brickell Homeowners Association worked with these groups to help defeat the tax back in late February. When the City Commissioners reinstated a reduced fee in April, the coalition came together again.

The implications of this Fire Rescue Fee "affects anyone in the city and in the state," Judy Clark, a TTUFF leader said.

When the Florida Legislature passed the bill in 1996 allowing "special assessments" the floodgate was opened. "Any municipality or county can charge anybody anything and can use it for any purpose," Ms. Clark said. "Any fee, any time, no cap, no limit."

Indeed, that does seem to be the way the language of the law reads. (See side-bar.)

Are there really limits?
Opponents of the fee say that some of the reassurances residents have been told are not actually the case: The $24 per year amount could actually go up to $48 per year. The Commission did not specify in the language of the ordinance that the collected revenues would only go for capital improvements, Ms. Clark said. Plus, the five-year sunset can be lifted anytime with a vote by the Commission, she said.

Clearly it is Commissioner Plummer's intent that the new revenue be used for new rescue vehicles and that it is "guaranteed for five years only."

Ten new rescue trucks have been ordered and another 10 will be ordered, Commissioner Plummer reported to BHA Directors May 20th. Those trucks respond to 70,000 calls a year. They need to be upgraded and kept current to keep the excellent service they provide, the Commissioner said.

Pay and Protest
In the meantime, where does this leave homeowners?

Homeowners should pay the fees while the case makes its way through the legal system, Sheila M. Anderson, a CREOO leader, advised. The legal victory may be a number of years down the road and refunds would be made then. If the fee isn't paid, an owner could have a lien filed against his or her property, she explained, which no one wants.

Residents interested in joining the suit are invited to call Ms. Anderson at (305) 579-0022.

West's Florida Statutes Annotated - Title XII. Municipalities
Chapter 170. Supplemental And Alternative Method of Making Local Municipal Improvements

170.201. Special Assessments

(1) In addition to other lawful authority to levy and collect special assessments, the governing body of a municipality may levy and collect special assessments to fund capital improvements and municipal services, including but not limited to, fire protection, emergency medical services, garbage disposal, sewer improvement, street improvement, and parking facilities. The governing body of a municipality may apportion costs of such special assessments based on:

(a) The front of square footage of each parcel of land; or

(b) An alternative methodology, so long as the amount of the assessment for each parcel of land is not in excess of the proportional benefits as compared to other assessments on other parcels of land.

(2) Property owned or occupied by a religious institution and used as a place of worship or education or by a public or private elementary, middle, or high school shall be exempt from any special assessment levied by a municipality to fund emergency medical services if the municipality so desires. As used in the subsection, "religious institution" means any church, synagogue, or other established physical place for worship at which nonprofit religious services and activities are regularly conducted and carried on.

Courtesy of Atlas, Pearlman, Trop, Borkman, et al

Condo Owners To Pay For Illegal Dumping in Miami and More for Their Private Haulers

To the dismay of many residents, two other revenue measures passed by the City of Miami Commissioners will be financed by Brickell homeowners, along with other condominiums and businesses throughout the City.

The City's new "Supplemental Waste Fee on Commercial CU's" will help finance the cost of picking up illegally dumped garbage throughout the City, a 65,000-ton annual problem. The new fee is based on Certificates of Use. For a BHA condo association, this amounts to $144 per year plus $5 per unit. For large condominium associations such as Brickell Place I with 552 units, that's an unanticipated $3,000 check owners will need to write to the City.

What Garbage?
At first, some BHA residents thought this fee surely must not apply to them, never having encountered illegally dumped garbage on their condo property. But that's not what it's for. The fee is for garbage dumped anywhere in the City of Miami, regardless of who is the victim.

The Brickell Homeowners Association voiced its opposition at the May 26th City Commission meeting and asked whether it is legal to assess condominiums a tax designed for commercial businesses. Mayor Carollo instructed the City Attorney to research it.

A Third Jump
In another measure, the City increased the excise tax they charge commercial waste haulers from 15% to 20%, a 33% increase. The private haulers will undoubtedly make up this loss in fees by increasing the rates they charge their condo association customers.

The reaction of one resident expressed the sentiment of many over the new Fire Rescue Fee, the new fee to cover illegally dumped garbage and the increase in excise tax to private haulers serving condos: "We're getting screwed in three ways by the City and without even a single kiss."

President's Column By T. Sinclair (Tory) Jacobs
It isn't over 'til the fat lady sings. . .

On March 31st at City Hall, we celebrated. BHA had led the fight to kill the Fire Rescue Fee. With strong assistance from the coalition we had helped assemble, the Commission voted four to one not to levy what had become an unpopular fee.

But on April 28th, under strong pressure from the Governor's Financial Oversight Board and unexplainable editorial support by the Miami Herald, the Commission voted four to one to impose a much reduced Fire Rescue Fee and to assess it equally against single-family residences and condominium unit owners while also increasing the garbage pickup fee for single-family homes.

Though opposed in principle to any Fire Rescue Fee as an end run around the ad valorem tax cap, the BHA Board of Directors voted not to fight this reduced tax at City Hall because we did not want our position to be misunderstood in the community.

When the City is beset with serious financial problems, it hardly seems becoming for us to complain about a $2.00 per month fee that appears to be imposed fairly.

The BHA board's decision regarding the April 28th Commission meeting in no way precludes our being parties in a legal challenge of this tax masquerading as a fee. It is a dangerous precedent that can easily escalate and proliferate to other services.

The fat lady hasn't sung yet. . .and we must maintain our vigilance.

* * *

News of the PAC's formation led to the coalition that successfully reduced the Fire Rescue Fee.

The first scheduled election since the PAC was established was the June 2nd vote to fill the Miami-Dade County Commission District 5 vacancy created by Bruce Kaplan's resignation. (BHA members residing on Brickell Key are in District 5.) It was decided not to become involved in this election because there were only 12 days between qualification and election day and also because it did not appear to be an issue-based campaign.

The Brickell Neighborhood PAC Steering Committee will review all of the ballot items scheduled from September to November and consider appropriate involvement.

In the meantime, there is no doubt that community awareness alone of the PAC's existence has had a salutary effect.

If you have not yet contributed to the PAC, please consider sending your $100 check (or whatever you can afford) to:

Brickell Neighborhood PAC

c/o Brickell Homeowners Association, 195 SW 15th Road, Suite 203, Miami, FL 33129.

(If you choose to send more than $100, please include your occupation as required by the statute.) The Brickell Neighborhood PAC's policy is to limit donations to no more than $1,000 per person or corporation in any one year.

The PAC protects your pocketbook, your investment and your neighborhood.

Please Note: The BHA is represented in the City of Miami by Commissioner JL Plummer whose district encompasses Brickell Avenue and Brickell Key. The Brickell Neighborhood PAC does not anticipate involvement with the possible special election for the commission seat of recently removed Humberto Hernandez, whose district is outside of the Brickell area.

New Publication Promotes Brickell

The Brickell Area Association has produced a colorful, 12-page brochure about the Brickell area to encourage new business and residential growth. One section, "Windows on the world of luxury living," describes the "incomparable life of luxury...enjoyed by Brickell's diverse population of young professionals, empty nesters, and international businesspeople."

The brochure paints a beautiful picture of life and business in our neighborhood and is expected to prove to be a valuable marketing tool. Contact the Brickell Area Association to learn more. www.brickellarea.com

BHA Recognized for Community Involvement

The Brickell Homeowners Association was recently awarded a Miami Police Department HEROS award for outstanding community involvement in 1997. Miami Police Officer Jeffrey Giordano, who serves as the Neighborhood Enhancement Team liaison to the BHA, presented the HEROS award, which stands for Helping Enforcement Reach Our Streets.

Aircraft Noise: Residents Urged To Report Disturbances

In the ongoing battle to control aircraft noise levels, especially in residential areas like Brickell, Miami International Airport is setting up a special telephone line for residents to report disturbances. The line is intended to help airport officials identify airlines which are not abiding by the recommended noise abatement procedures.

The Brickell Homeowners Association has been participating in the monthly meetings of the MIA Noise Abatement Task Force, comprised of citizens, business executives and airline and airport officials. The group is working with MIA to address ways to ensure that airlines comply with recommended procedures.

Much of the control of aircraft noise has to do with how steep the plane makes its arrivals and departures and whether it waits to make its turns over water or neighborhoods. While there are Federal Aviation Association regulations in place, it often seems to boil down to technique and common courtesy on the part of the pilot.

Jeff Bunting, who heads the noise abatement effort at MIA, worked with BHA to install aircraft noise monitoring devices at The Palace and Bristol Tower earlier this year. These devices established a baseline noise level with which to compare over time.

To help in the effort, residents are asked to report disturbing noise incidents with the following information. The report can be called in, faxed in, or mailed to Jeff Bunting's attention. Although the form below need not be used, it covers the pertinent data Bunting seeks. It isn't expected that all people will be able to identify the aircraft, but "any kind of information is helpful," Bunting said.

Culture an Important Ingredient in the "Brickell Boom"

News has been good in the Brickell residential and business districts, as seen with increasing newspaper articles about new development in the area. High rise, multiuse buildings are replacing what have been long-vacant parcels of land, taking advantage of the beauty of the area and the convenience of location. While often not without some disagreement and inconvenience, most agree that the new surge in development activity is positive for area residents, property owners and businesses. New shopping venues, restaurants and other amenities greatly enhance the quality of life.

Brickell residents are also fortunate to have a number of cultural attractions within minutes of their doorsteps, offering a place for family outings, activities for children and cultural events for adults.

Following is a sampling of area attractions.

Miami Art Museum, 101 West Flagler Street, downtown. Members and children under 12 free, adults are $5, seniors and students $2.50. Tuesdays are free with contributions welcome. Telephone: (305) 375-3000. This Museum offers a variety of continually changing exhibitions, programs and events for art lovers and casual observers alike.

Miami Museum of Science and Space Transit Planetarium, 3280 South Miami Avenue. Adults are $9, students and seniors $7 and children 3-12 $5.50. Members and children under 3 are free. Open every day. Telephone: (305) 646-4224. This venue offers interactive activities for every age, from star gazing in the Planetarium to playing virtual hoops basketball in the galleries. Smithsonian Expeditions exhibit, Wildlife Center, changing traveling exhibits, live science demos and more. www.miamisci.org

Miami Seaquarium, 4400 Rickenbacker Causeway. Telephone: (305) 361-5705. Open daily 9:30 a.m. to 6:00 p.m. Adults: $19.95, Children 3-9 $15.95, plus tax. Just over the bridge, this marine attraction features shows all day long ideal for the entire family. The Seaquarium offers a summer camp program with six week-long programs, three day-long camps and one overnight adventure to choose from, July 17 to August 28. Children can learn whale training technique, enjoy excursions along the shores of Biscayne Bay and join in efforts in conserve oceans or even become a marine researcher.

Simpson Park, 55 Southwest 17th Road, 10 a.m. to 5 p.m. Telephone: (305) 856-6801.

Vizcaya, 3251 S. Miami Ave. Open to the public daily from 9:30 a.m. to 4:30 p.m. Telephone (305) 250-9133. Vizcaya Museum and Gardens is an Italian Renaissance-style villa and formal gardens built in 1916 as the winter residence of industrialist James Deering. The house has 34 rooms of antique furnishings and decorative arts and the grounds include over 10 acres of formal gardens and fountains.

The Wallflower Gallery, 10 NE 3rd Street, downtown. Open weekdays, 10 a.m. to 5 p.m. and 12:30 to 8:30 p.m. on Thursdays. Telephone: (305) 579-0069. With the goal of making "capricious yet 'good art' available to an appreciative audience" this private gallery begun in 1977 prides itself in creating eclectic and innovative exhibitions. The styles of work range from African to figurative sculpture to pop and impressionism in a variety of mediums: painting, printmaking, charcoal, watercolor, copper foil and photography.

Simpson Park Manager Recognized for Excellence

Simpson Park keeps getting better thanks to the work of its Manager, Pat Quintana, who has made great strides in improving the park since she took the helm less than three years ago.

Vagrants, gang members, drugs and the ravages of Hurricane Andrew had all but condemned the native hammock before she took over. But now the park is safer and cleaner than it had been for years. Native vegetation has been restored, a fence has been added, and activity abounds with school groups, garden clubs, environmental organizations, youth groups and volunteers replacing the undesirables.

Ms. Quintana's work was recognized May 12th when the City of Miami named her Outstanding Employee of the Year.

"Not only has she been an environmental advocate, but she's also an advocate for children and education," BHA President Tory Jacobs said. "She's always providing opportunities for children at our neighborhood Southside Elementary School to enjoy and learn from the park."

The Brickell Homeowners Association has often endorsed Ms. Quintana's efforts for grants and funding that have enabled renovations and new program development.

Her latest efforts include successfully obtaining funds to add an elevated boardwalk, signage and Americans with Disabilities Act-compliant bathrooms. She obtained the money from the State of Florida and through local ADA support. She's hoping to also obtain matching funds from the Safe Neighborhood Parks Challenge Grant to restore the pond and create a learning laboratory at the park for Southside students who will help maintain the pond.

Students can participate in a summer camp at the park, which includes environmental field trips, arts and crafts, recreational field trips and other activities.

Ms. Quintana credits her success to the "overwhelming support" she's received from others also dedicated to the betterment of the community, including the BHA.

Brickell area residents are encouraged to visit the eight-and-a-half-acre historic park located two blocks west of Brickell Avenue at 55 Southwest 17th Road (off South Miami Ave.). Those interested in Summer Camp are invited to call Ms. Quintana at (305) 856-6801.