9th Annual Candidates Forum Set for August 24, 2000
As Brickell residents approach the mid-point of summer and a winding down of the vacation season, those who remain in town are aware that summer's end brings a fall election to the Brickell Neighborhood.

This timing signals an opportunity for residents to make important gains in the standing of their homeownership by preparing for an election that can impact the residential cost and quality of our neighborhood.

With that thought in mind, residents are encouraged to attend the annual Candidates Forum, an empowering step to help further shared goals for the Brickell community.

Sponsored by BHA and two important associate organizations, the Miami Roads Neighborhood Civic Association and the Brickell Area Association, this year's August 24th forum will begin at 7:00 p.m. at the Immanuel Lutheran Church, located at 1770 Brickell Avenue.

The races of greatest importance to BHA residents this fall are at the County level: Miami-Dade County Mayor, and Commissioners for Districts 5 and 7, currently occupied by Bruno Barreiro and Jimmy Morales, respectively. The BHA area falls in both districts.

The Candidates Forum enables residents to see, hear and decide firsthand who is the best representative to elect for our neighborhood. Candidates will be given five minutes each to present their platforms, then they field questions from the audience. The primaries are September 5th, the day after Labor Day.

Voices Join "Save Brickell Park" Effort; New Concert Series to Enliven Fridays in the Park
After great public outcry, forces are mobilizing to save Brickell Park from being sold and developed, although exactly what can be done is uncertain. The City of Miami settled its suit with the Brickell family by agreeing to sell the property and split the proceeds 50-50, a resolution that many residents and businesses in the area have found far less than satisfactory.

While homeowners, business groups, preservationists and historians have been trying to persuade the City Commission to reverse its decision, the City can't simply rescind its court ordered agreement.

How Did We Get To This Point?
The Brickell family deeded the narrow strip of green just south of the Brickell Bridge to the City in the 1920s. The gift came with the stipulation that the property always be used and maintained as a park.

When the City began talking about selling it more than a decade ago, the Brickells proceeded to exercise the reverter clause of their agreement. When the City failed to respond within the legal time limit, the Brickell family's current claim was established.

To settle the long ongoing legal skirmishes, last winter the Miami City Commission voted to approve a settlement with the Brickells to sell the property and split the proceeds. (The vote was four to one with Johnny Winton voting against the sale.) The court approved that settlement and gave the property listing to a real estate firm to sell; they have 18 months to find a buyer.

The price tag the park might fetch has been debated, as a number of impediments to development exist on the 2.5-acre site. Poor access, zoning restrictions, the issue of State ownership of the bay bottom and the strong possibility of human remains buried on the site are among the drawbacks that make it less than ideal for a commercial developer. There's lots of hurdles before breaking ground.

Is There Any Hope?
What can possibly happen at this point that could save the park, aside from a wealthy philanthropist buying the the Brickells' interest out and reestablishing that the property always be a park?

Some are just hoping and praying a buyer doesn't come fourth and the City can reopen negotiations with the family.

Others have suggested the City admit its legal negligence (in essence the City missed a court filing deadline) and use the City's self-insurance pool to pay the Brickell family the portion they would gain through the park sale.

Bringing Music and Activity to the Park
In the meantime, the Save Brickell Park Coalition has planned a concert series for every other Friday in the Park, from 12 noon to 2 p.m. A variety of music is scheduled for the coming months. Beginning on August 11, the series runs through December 15th and will include Latin Jazz, Caribbean steel drums and classical music. Food and beverage carts will be on site, making it an ideal event for people working and living in the area who are looking for something different to do over the lunch hour.

The Brickell Area Association, the City of Miami Parks Department and the Downtown NET office are the organizing groups, and each concert is being underwritten by a Brickell business. A few of the days are not yet sponsored; interested businesses are invited to contact Jean Whipple by calling (305) 532-4906.

President's Column by T. Sinclair (Tory) Jacobs: Are we getting our money's worth?

Not from the City, not from the County, but from our contributions to the Brickell Neighborhood PAC?

Let's go back to 1997. The City enacted a "Fire Rescue Fee" of $160 levied on every condominium unit and on all single-family homes, however, the tax was offset for single-family residents by a $160 credit on their garbage pick-up fees.

We formed a Political Action Committee - the Brickell Neighborhood PAC - and went to work. In March 1998, the City Commission (four to one) killed the "Fire Rescue Fee." However in April, in response to pressure from the Financial Oversight Board, the Commission imposed a much-reduced $24 fee assessed equally against single-family and condominium residences.

Even though a $2 per month fee per household wasn't onerous, there was considerable concern over the precedent being established as an end-run around the ad valorem tax cap. Our PAC helped spearhead the formation of TTUFF, a coalition to challenge the constitutionality of the "Fire Rescue Fee."

TTUFF Just Won Its First Battle!
In June, the Fourth District Court of Appeal found a similar "Fire Rescue Fee" in North Lauderdale illegal (see story page 8). Meanwhile, Miami's fee has escalated each year to its current rate of $61 per household. The new court position however, could mean eventually that the City has to refund all fees collected since imposition in 1998millions of dollars each year.

There's More...Serious $$$ More!
In March 1998, the City Commission enacted a "Supplemental Waste Fee" levied against all "commercial establishments" with specific designation of condominium units as "commercial." This imposed a fee of some $5 per unit payable by each condominium association.

Now, you might think that just telling the powers-that-be that condos, by zoning definition, are not "commercial" would resolve the misunderstanding, but this is not the way bureaucracy works. It required a new City Ordinance. Then, it actually took more than a year to secure refunds from the City, many over $2,000 per condo association.

Have we established that condos are not "commercial?" Let's hope so, but we just cannot be certain. Constant vigilance is required to protect our pocketbooks and the residential character of our neighborhood.

If you agree that Brickell Neighborhood PAC deserves your continued financial support, now is a good time to reach for your pen and checkbook and completing the PAC Support and Involvement form. We look forward to hearing from you.

Brickell Neighborhood PAC Tackles County Races
The Brickell Neighborhood PAC is asking BHA residents to lend their support and involvement to the Political Action Committee by making a contribution to the donation-supported group. Serving as neighborhood watchdog of local government, the PAC is at work for the fall election, surveying and querying candidates, and eventually endorsing those that will best represent matters of importance to the Brickell neighborhood.

By making a financial contribution, residents enable the PAC to leverage their interests by persuading the majority of Brickell voters to rely upon their conclusions and vote their convictions. The PAC has proven to provide the best opportunity to effect the outcome of the September 5th election, therefore residents are urged to be generous in considering a PAC contribution.

Also, it is important to remember that the PAC empowers homeowning taxpayers with a vested interest in our Brickell neighborhood but who are not eligible to vote. It provides a voice in the election process.

Success Under Our Belt
The Brickell Neighborhood PAC's involvement last year in the City of Miami election proved to be a valuable investment by garnering a very important result ­ the election of the Brickell-endorsed candidate, Johnny Winton, to the City Commission.

Those who have been reading the newspaper and watching TV know that Johnny Winton has been able to bring several Brickell concerns to the forefront of the City's attention, concerns which especially affect our quality of life. Traffic quagmires on our home stretch of roadway, proposed waterfront development at Dinner Key and Bicentennial Park, the cleansing of the Miami River and the sale of Brickell Park are just some of the issues that our Commissioner has chosen to tackle.

Now residents have the opportunity to strengthen his impact on these issues ­ and our issues ­ by adding to the number of elected officials who share our vision of Brickell. Brickell can use its PAC to shape the results of the County races, but needs the help of residents to do it.

We Must Remain Vigilant With the PAC
As in the past, help is needed to stop the proliferation of unfairly imposed fees like the Fire Rescue Tax placed on homeowners in 1998, or the supplemental waste fee that was unfairly levied against condominiums until PAC and BHA activists defeated it.

Just as we won on these issues, the Brickell Neighborhood PAC can win us better representation in government by doing its work NOW. By supporting PAC efforts to screen and evaluate candidates, residents' concerns for where we live are translated into an action plan for our neighborhood.

To achieve continued success, our PAC needs your support. Please join the PAC by completing the involvement form, and if you are able, make a contribution. Funding and involvement are THE keys to the PAC's effectiveness.

Lighting, Other Enhancements Considered for Brickell Medians
While plans for the improvements to the Brickell medians are being developed and word about the outcome of the beautification grant application to the Florida Department of Transportation is awaited, BHA Directors are considering potential extensions to the project. Current plans call for the irrigation system at the median ends to be replaced and the medians replanted.

One possibility to further enhance the roadway and promote the residential atmosphere of Brickell Avenue is to add visible source lighting on sidewalks, such as acorn style lamps. Lighting enhances safety and makes a dramatic statement. Visible source lighting has also proven to be an effective element in calming traffic. Coral Gables has added it to its Miracle Mile medians, and Brickell Key has added it to the bridge serving as the island entrance.

Hopes are high that this median beautification project will significantly enhance the beauty and residential ambiance of the neighborhood. It was only five years ago in 1995 that the medians were replanted and the leaky pipe irrigation system installed, which has never really worked properly.

Then, as in now, BHA representatives actively participated in the planning process and attended numerous meetings with the City and its chosen landscape designers. Yet, the final outcome was disappointing and residents felt that much of their input was not heard. Some questions, like why certain healthy looking, large trees were cut down, could never be answered.

Then, after the landscaping work was complete, delays at City Hall with contracting for regular maintenance meant disaster for the new plantings. Lack of timely trimming and feeding, along with the faulty irrigation system, literally killed the beautification effort.
At their meeting in July, Directors of the BHA agreed to consider additional measures they may take to help in achieving a truly grand roadway that announces one of Miami's most elegant neighborhoods. Sometimes that means private support for those improvements government just can't do.

On Brickell Key, the Master Association installed new lighting fixtures and landscaping to achieve similar enhancements to the bridge that serves as the island's entrance.

Controversial Fire Rescue Fee Struck Down
This judicial ruling just in on a special assessment in North Lauderdale nearly identical to Miami's "Fire Rescue Fee." The word: illegal.

This has been BHA's belief, and the legal position of the warriors at BHA ally, TTUFF (Tenants and Taxpayers United For Fairness, Inc.), ever since the City enacted the fee in 1998. TTUFF's subsequent class action suit against the City of Miami has been slowly making its way through the legal process, while in the meantime, Brickell residents and all other homeowners in Miami have been paying an annual Fire Rescue Fee, now up to $61 per household.

The mid-June Fourth District Court of Appeal's finding, however, determined that the fee imposed by the City of North Lauderdale was not a valid special assessment.

All the Way To the Top
"The case has been certified for hearing to the Florida Supreme Court as a matter of "great public importance," TTUFF reported, "a major victory for opponents of illegal taxes disguised as special assessments."

The case hasn't yet made it to court in Miami, however, this legal precedent in North Lauderdale has spurred TTUFF to ask the City to discuss how to rectify the situation.

"The City of North Lauderdale's special assessment is identical to the City of Miami's special assessment," TTUFF attorney Eric Lee wrote to City Attorney Charles Mays in late June. "The City of Miami's special assessment includes a provision for emergency medical services. The Fourth District found: 'as a matter of law, the emergency medical services component of the integrated fire rescue program at issue in this case did not provide a special benefit to the assessed properties,'" Lee advised.

Refunds Could Break the Bank
Miami's motion for dismissal will be thrown out, Lee asserts, and with the seeking of class certification "the implications of this decision on the City of Miami are enormous."

In consideration of not pursuing refunds for the years the tax has been collected, TTUFF would like to see the City agree to put a Charter change on the ballot that would mean all future special taxes are possible only if they gain voter approval at the polls. The City has not yet responded to this notion.

Assessments like the Fire Rescue Fee have become means for governments to increase revenues without exceeding constitutionally mandated property tax caps. As stated the TTUFF Web site by its president, Peter J. Clancy:

"A new and pervasive form of taxation without representation has arisen in Florida. Under the guise of special assessments and user fees, local governments have found a remarkable new tool to circumvent constitutional millage caps ... and they are using it!"    

TTUFF expects the City of Miami's Motion To Dismiss and Summary Judgement to be denied in early August. After that, City of Miami depositions will begin at which City officials will be questioned on their knowledge of facts and circumstances leading to adoption of fire fee special assessment.

While questioning its constitutionality from the beginning, readers may recall that BHA initially battled the inequity of the Fire Rescue fee, assessed differently for single-family and condo homeowners. Eventually, BHA prevailed to win a more equitable levy, however, BHA directors never gave up the battle over the legality of the fee, seeing it simply as "an end-run around the ad valorem tax."

Many agree with TTUFF's synopsis of the fee: "The fire rescue special assessment is no more than a convenient means of generating new revenue for the City's general fund. Of the $11 million raised in the current fiscal year, only $4.2 million went directly to the Miami Fire Rescue Department for equipment purchases. The remainder went into a general fund used to run City government."

For more details, see TTUFF Web site.

Power Tower Plan Sparks Concern
A plan to bring additional electrical power to the Brickell area has BHA Directors, City Commissioner Johnny Winton and business leaders concerned.

Florida Power & Light Company has permits to install new transmission lines and poles from the plant just north of Miami River at Second Avenue to the substation behind the Brickell Village Publix at the 14th Street/15th Road/Second Avenue intersection.

It's a relatively short distance - only about 10 blocks, after going under the river. The problem is with the massive towers that must be erected to carry these transmission lines. Towers that stretch 105 to 110 feet highthe height of an 11-story building. Some 23 or 24 of these structures are planned along Second Avenue.

The business interest group, the Brickell Area Association, holds the position that all power lines should be buried, a method preferable to unsightly above-ground lines that pose a great threat during storms. However, FPL says that the Public Service Commission in Tallahassee dictates that the primary factor for deciding how lines should be installed is cost, not aesthetics. Safety and reliability also seem subjugated to cost.

In this case, in our very-built-up environment, overhead lines are simply cheaper to install than underground.

Not the First Time Questioned
Readers may recall an effort five years ago by Brickell residents to convert unsightly power lines along the west side of Brickell Avenue to an underground system (BHA News, Summer 1995). Along with enhanced aesthetics, many believed that underground lines would be better than overhead lines, given our experience with downed lines after Hurricane Andrew. FPL told BHA Directors at the time however, that surprisingly, maintenance problems and costs are about equal between the two.

"Wind is the enemy of overhead lines, where water and corrosion are the enemies in underground systems," FPL Manager Ralph Calleja had said.

Between the logistics, the projected costs and the need for 100 percent consensus among all property owners involved, the effort to beautify Brickell by burying lines died.

When new housing developments of eight homes or more are built, the utilities must go underground. Obviously, it's considerably less costly and easier to do before anyone lives there and the area is built up.

The BHA will continue to monitor this matter and do its best to help seek a better solution.

Air Quality: It's Still Free and Safe
It's safe to breathe when you head out your door along Brickell Avenue. That's the word from the County's environmental watchdogs who took carbon monoxide samplings along the roadway when residents voiced concerns.

DERM (Department of Environmental Resources Management) sampled the air from three spots on Brickell, during the morning and afternoon rush hours, from both sides of the road (in front of the Palace, Brickell Place and Brickell Townhouse). They reported that "carbon monoxide concentration levels at all three locations had significantly lower values than those set by the National Ambient Air Quality Standards." Whew!

Neighborhood Matters: 1900 Brickell Ave.
The matter of 1900 Brickell Avenue will again go before the Planning and Zoning Board and then the City of Miami Commission. BHA is challenging the signage announcing a spa at the location. The use of this property which was one of the last remaining single-family homes on Brickell Avenue is part of the ongoing effort to safeguard the residential ambiance of Brickell Avenue and prevent commercial encroachment in the neighborhood. BHA's position is that both the sign and the new use of the facility are in violation of the original covenants of the agreement granting zoning variances to the plastic surgeon several years ago.

Recently a Brickell resident of 10 years responded to BHA's Website survey attributing the "plastic surgeon office eyesore" as one of the top three examples of how "the quality of life in the neighborhood has gotten worse" in the time he has lived here.

Retail/Hotel Development on Track
Developers closed on the final purchase of land at the end of July for the open-air retail and hotel development planned for the 900 block of South Miami Avenue. Constructa Development Manager Phillip LaBarre said they are now in the "design development phase," but still plan to break ground in October. The project has been renamed to "Mary Brickell Village." Plans include stores, restaurants and a 12-story hotel tower.