Town Attorney pushes Code changes help CCA

We got more and more curious since our recent Plat Note Delegation Request Rigged article and started to go over some more historical footage of the October 2010 Town Council Meetings.  As we reviewed the meetings, it seems Mr. Keith Poliakoff, the Southwest Ranches Town Attorney, is constantly making last minute additions to the Agenda and pushing the Council to approve things in a rush.  It really makes you wonder, who is running our Town?

During the October 6, 2010 meeting, we observed near the end during the Town Attorney comments that the town clerk stopped taking the minutes.  The subject of CCA was brought up at time stamp 3:32:30 of the meeting.   Mr. Keith Poliakoff said that he met with CCA and that they said there were "unique housing opportunities within the town."  One would be think that they were talking about Section 8 low income housing. Certainly, most residents had never heard of CCA, never mind knew for what the initials stood.  Even when you spell it out -Corrections Corporation of America- unless you're in law enforcement, you wouldn't think they were in the business of prisons.

He goes on to tell the small audience that Council Members Doug McKay and Aster Knight had attended this meeting and hung out in the back of the room, but did not speak; they just "happened to be at the Town Hall".  We wonder if Mayor Nelson was at this meeting, as well, as he seems to sit in on all of the contract negotiations with Town Attorney Keith Poliakoff.   Does this go against sunshine meeting laws?  We'll worry about this later.

He continues to tell the Council that a lot of modifications to the 2005 agreement between CCA and the Town are required.  That the Town would "essentially be requesting a grant from the Federal Government" and that "we'd be bringing in a partner (CCA) who would actually be running our facility."  This portrays it that the Town would actually own the jail.  In addition, he adds that the Town would need to "take the security risk level out of the contract."  The 2005 contract did not allow for maximum security prisoners to be held at the facility in question.  Mr. Keith Poliakoff states that "when it's an illegal alien, they could be there for a multitude of reasons, so we would have to take the security risk out."

He instructs the Town Council, that the "Town had to write to ICE stating that they would be interested in the detention center."  In addition, "Everyone in the Town is going to have to contact Congresswoman Debbie Wasserman Schultz to tell her we really want this."  It's interesting that he's said this to a near empty room.  So, does the council get to vote on them writing a letter?  No, Mr. Keith Poliakoff went ahead and wrote it for them.  We wonder, should and can that be done by the town attorney without direction from Council Members?

We then viewed the October 20, 2010 meeting.   Again, this item is the last item on the agenda, Item number 11 which changes ULDC (section 55-080) where it discusses "Manufacturing and Industrial District" which Mr. Keith Poliakoff points out, "effects all the penal institutions in the Town." The changes were to delete the limit of beds and increase the square footage allowed. The full text with deletions noted in strike through is shown below taken off the agenda from October 20, 2010 meeting:

055-080 - (H) Penal Institutions and correctional institutions.
                       (1) The minimum distance separation is two thousand five hundred
                             (2,500) feet from any plot in an agricultural or rural district.
                       (2) The maximum size is seven hundred fifty (750) beds and one                              hundred thousand (100,000) square feet of gross floor area.
                       (3) The minimum plot size is twenty (20) acres.

Mr.  Keith Poliakoff then goes on to tell the Council that this change "gets away from the restriction on the beds and the square footage." Again he touts that the Council "would have to approve the site plan anyway," just like he did in the December 2010 meetings and "if it's not approved, it would prohibit us from applying for the ICE proposal."  We have to wonder if this this rigged too?  See Plat Note Delegation Rigged?  Emails dated September 30, 2012 between Sam Poole (CCA's atty), Michell Mellgren (Town Planner) and Keith Poliakoff show that this is being done at the instruction of CCA's attorney Sam Poole.  This email is very interesting as a normal homeowner has to wait an average of 10 months for a permit, yet CCA can come in and request the town code to be changed!!  WOW!

He then discusses the letter he received back from ICE in which it said that they (ICE) would like Southwest Ranches to submit a proposal to them.  We’re not sure, but since when do you reply to an RFP (request for proposal) and they write back a letter inviting you to give them a proposal. Wouldn't that have been what you were doing when you originally responded?  Mr. Keith Poliakoff then asserts his position that "this has to be adopted to make sure that we are in line for the possible GRANT OPPORTUNITY."  A GRANT OPPORTUNITY? Since when is an IGSA (Inter-Governmental Service Agreement) considered a GRANT OPPORTUNITY? Note, that such an important item is the last item on the agenda, that there weren't many people present and that there was NO PUBLIC COMMENT on this item or any real discussion.   It passed UNANIMOUSLY! Nelson, Knight, Fisikelli, McKay and Breitkreuz all voting “YES!”

The Town Attorney’s got more spin than any politician we've seen! Where does the Town attorney end and the Lobbyist begin?  Guess that comes with the territory, when you have a lawyer whose firm also doubles as a lobbying firm for your town. That one way to tweak the situation of the federal government wanting to put one of the largest immigration detention centers in the state (to possibly house the BULK of all the state of Florida's illegal immigrants) and he spins it as a GRANT OPPORTUNITY? We have to wonder if he's practicing as a lobbyist for CCA or as the Town's Attorney?  Where do his loyalties lie? 

With all that we have seen in the October 2010 and subsequent meetings, we have to wonder who exactly is running the town- the elected town council members or the unelected town attorney?  One way to start cleaning house is to vote on Tuesday, November 6, 2012.

Sam Poole RemovingBedLimit&SqFt

Plat Note Delegation Request Rigged??

More "inaccuracies" discovered at Town Hall...

At the December 15, 2010 meeting under Attorney comments, the Town Attorney Keith Poliakoff brings forward CCA request to increase the plat note on the prison parcel to allow 2200 prisoners from 1500 that the Town Council had originally approved in the 2005 agreement.  This wasn't on the agenda...  the public didn't have any clue it was being brought forward.

More loopholes to allow CCA to keep increasing and increasing the bed count so they get the most amount of profit.  WOW!  Once CCA got that 2005 contract passed, they knew it was just an easy plat note amendment away to keep increasing their profits. We already know from emails sent by Mayor Jeff Nelson that he is keen on getting more and more money for the Town regardless of the ill effects!

Letter to the Town Council on Suing Pembroke Pines

Poliakoff's Selective Truths!

Dear Mayor, Council and Administrator:

It is highly disappointing that the five of you recklessly voted to sue Pembroke Pines last night.  This was entirely based on the stated premise that you were doing so purely to recover financial damages allegedly suffered by Pines' alleged interference in your beloved prison.  This is a prison that required YOU to enter into a third party contract with ICE to OWN enforcement and removal so that CCA could exercise THEIR property rights, by the way.  There is NO established jurisprudence in the USA which supports an obligation of a municipality to enter into a third party contract (IGSA) so that a resident may exercise their property rights.  The property rights argument is specious and hollow in light of the NEED for an IGSA that Poliakoff HID from you for months.

You are acting against the more reasoned advice from me, Mr. Falletta and Mr. Hughdahl to strenuously consider Poliakoff's deficient mathematics where he's convinced you all that your damages are $2MM a year.  I cited CCA's own public statements while YOU allowed him to get away with citing a contract that every one of you knew was obsolete.  Even Sam Poole said this was an embarrassing "marketing contract" that would have to be rewritten.  CCA has repeatedly claimed you would receive $400K for beds and $300K for ad valorem per year.

Well, let's do the simple math based on the existing "John Canada Marketing Contract" anyway.  Poliakoff claims that the receipts will be $2MM for the bed fee as well as ad valorem.  However, he's selectively ignoring germane parts of that very contract which says that the town owes CCA a $100k/year "maintenance fee" back which straight away reduces Poliakoff's amount to $1.9MM.  Do you allow your attorney whom we pay dearly for to hoodwink you so easily?

Next, the contract EXPLICITLY states YOUR obligation to help CCA maintain their AG exemption on the property.  This clause effectively eliminates the $350K Poliakoff cited from ad valorem taxes.  This now brings the total revenue potential down to $1.55 MM based on the bogus "marketing contract" that we knew was being rewritten as he stated so multiple times.  It is outrageous that you all lack the critical thinking skills to challenge these lies by Poliakoff.

Next, Poliakoff's $2MM was based on the estimate of FULL occupancy 365 days per year.  This is an inexcusable assumption which is just as much a pipe dream as anything else surrounding this prison.  You have not asked for ANY evidence as to how CCA will maintain 100% occupancy every day of the year.  I would think an 80% occupancy is aggressive.  I'll give you that optimistic assumption though so the $1.55 MM scales down to $1.24MM in lost REVENUE.

Now, let's look at the other side of the lost revenue.  What are the COSTS associated with this revenue?  We were told my Mr. Holligsworth that you are all businessmen and trustworthy.  Thus, you know that NET PROFIT = REVENUE - EXPENSES.  Poliakoff lied to you by omitting even the stated expense in the contract itself.  So, it's clear that you have blindly ignored the expense side of those sparking dollar signs you see in your eyes and your irrational hatred of Pembroke Pines AND of your own residents who oppose this prison.  There's no judge in the world that is going to let you get away with this fuzzy math, even if that judge has worked for Becker Poliakoff one time in his or her life.

No, you do not have the fiscal discipline to keep Poliakoff's spending in check.  You do not have the critical thinking skills necessary to analyze claims nor do you have the ability to listen to your reasoned residents or think through the ramifications of your actions (kids being picked up on Griffin road all due to your actions closing roads as a Christmas gift).  In fact, last night you shut us out of the process going forward and WE RESIDENTS on polar opposite ends of the prison issue are bringing you issues to look at and QUITE FRANKLY A CRITICAL ANALYSIS OF POLIAKOFF'S HOODWINKING OF YOU ALL.  Steve, you shut us out in the NAME of openness.  That's an Orwellian perversion.

Steve, you often chide "bad government" and did so last night when you described your outrage at the school bus situation.   The fact is that YOU are government too.  The council's decision making has been based on woefully understudied facts or awareness of consequences.  You all don't even consider that there were expenses associated with Poliakoff's $2MM claim, for example.  You use your power in government to harass residents, break public records law,  and allow the Mayor and Attorney to personally call out residents and besmirch them with lies.  This is classic abuse of power and you are party to it.

Do the right thing.  Stop this enrichment of Becker Poliakoff now.  Our legal bills for our 2200 households are outrageous.

Here's one last challenge to YOUR repeated claim that the town's viability is and always has been dependent on the development of that CCA property.  If that's the case, why would you all hang your hat on a contract that explicitly deprives the School Board of ad valorem receipts through an abuse of an AG exemption?  But, funny, the Mayor announced that there would be an ad valorem roll back this year on the very eve of the defeat of the prison.  Your claims are specious and demonstrably so.  It doesn't make sense to reduce property taxes at the same time you just lost "$2MM a year" from the CCA deal.  Do you ever stop and think about the big picture of what you are saying?

Regards,
Bill Di Scipio

Do you think Keith Poliakoff is giving the Town bad advice?  Chime in on the discussion HERE!

School Buses and the Road Closures do not equal SAFETY

We weren't planning on blogging about this, but since we advocate for the community and this issue came up we felt compelled to let everyone know.  Since the road closures went up there has been alot of upset people on both sides, Southwest Ranches AND Pembroke Pines. The Town Council has said that they were closing the roads for "Public Safety" as they voted to close them at an emergency meeting without sufficient notice to the effected residents.  However, now the Broward County School Board has pushed the bus stops to be on a dangerously busy Griffin road.

Janine Stanwood from Local 10 did some coverage on it last night.
http://www.local10.com/news/Gates-keep-school-buses-out-of-Southwest-Ranches/-/1717324/16203062/-/uesd70z/-/index.html
And then John Turchin did another story today after hearing what the Town had to say.
http://www.local10.com/news/Southwest-Ranches-blames-Broward-for-bus-problems/-/1717324/16214212/-/13k8iqiz/-/index.html

What we can't understand is WHY wasn't the Town Council working with the School Board to make this transition painless PRIOR to school starting? They sent a letter... THAT'S GREAT!  But, what are they doing to be proactive for the children in the Community?? Are they THIS out of TOUCH?  This is just a continued "business as usual" of the Town not being IN FRONT of an issue and getting things done for the PEOPLE that live in the Town.  Is the Town just using the School Board bus woes in their favor??  For someone that is an assistant principal (Jeff Nelson), he sure has NO CONNECTION at the School Board for our Town.  Way to put children's safety first Jeff!  Is it going to take someone's kid getting hurt and then a huge lawsuit against the Town before people WAKE UP?!!

You can decide at the Ballot Box in November!  Make sure you are registered to vote!

Jeff Nelson... Leadership of Southwest Ranches?

In addition to being the Mayor of Southwest Ranches, Jeff Nelson works at Cypress Bay High School where he is an assistant principal.  Cypress Bay High School is one of the many schools in Broward County.  The Broward County school system is in dire straights from a combined overspending and the decrease in tax receipts from falling home prices.  They have had to lay off teachers and do alot of cutting back on extras and certain enrichment courses in this tough economy. 


Why is this connection so important?  Well, while acting on the Town Council, Jeff Nelson was one of 4 votes approving a deal with the Corrections Corporation of America (CCA) in 2005 (Knight Absent/Abstained).  In this deal, it enabled the multi-billion private prison firm to claim an agricultural exemption that cost Broward County School's ALOT of money!  While the agricultural exemption is a legal exemption that many farmers use, in this incidence it clearly shows how developers abuse this exemption by renting cows to place on the property thus avoiding taxes.  The snippet from the contract is below.

Since the private prison firm purchased the property in 1998 and this marketing contract with the Town wasn't approved until 2005, it has been a total of 8 years since the Town Council had their hand in approving this "ag exemption".  So for 8 years, Jeff Nelson was party to helping a multi-billion dollar private prison corporation dodge paying much needed tax dollars for our schools and teachers.  Is this fair??  According to them they are taking a legal tax break and did nothing wrong.  Which legally they did just what the law required them to do.  But is this a justified use of the ag exemption?  News 10's Bob Norman did a great story on the tax evasion/rent a cow from Bergeron here.

Let's calculate how much the schools would have gotten if CCA didn't get the agricultural exemption.

Because of the 2005 CCA-SWR Contract,
Broward County Lost $480,000 ($60,000 x 8 years)

VS. what CCA paid $24,000 ($3,000 x 8 years)
(numbers taken from Bob Norman's report above)

So, from where we are standing, Jeff Nelson was a party to $456,000 being ripped off the students of Broward County by voting for the Town to support this tax exemption.  How can any teacher or school employee support such a fraudulent use of the agricultural exemption??    Over the past 14 years CCA has owned the property, they have used this exemption to avoid paying net $804,000 (60,000 x 14 years - $36,000) total in taxes. 

What kind of leader is this?  We feel actions speak louder that words in this scenario.  Jeff Nelson may be an assistant principal, but he surely showed us who he advocates for with this vote, and it isn't kids nor the community surrounding the prison parcel. 

Do you feel Jeff Nelson should continue to be Mayor of Southwest Ranches??  We will leave you to make up your mind in November.

The entire CCA contract can be downloaded here.