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