A proposal for a non-binding straw ballot to decide if Miami Lakes residents want the Town to pay the mayor’s legal bill for his criminal case sparked a political firestorm and could have led to another court battle and more fees.
The opposition for Councilmember Frank Mingo’s proposed straw ballot during the November election centered on a disdain for taxpayers footing another legal bill should Mayor Michael Pizzi file a third lawsuit against the town for conceivably violating his civil rights since he may be entitled to the money following his acquittal.
Pizzi and Miami Lakes are mired in a legal dispute over his lawsuit demanding the town pay $2.5 million in attorney fees incurred from his public corruption trial, but the two sides agreed to abate the case for six months while the city pursue its insurance carrier to pay his bill.
But Mingo had second thoughts about putting the town’s taxpayers in harms way of another legal battle and rescinded his legislation, though it appeared he had the support of his fellow council members at last week’s Town Council meeting.
Mingo said his proposal wasn’t politically motivated against Pizzi.
“I want the people of Miami Lakes to weigh in and gives us an idea where they want us to go,” he said. “My intention is not political but to get the input from the people of Miami Lakes. I see he’s trying to get the money for his lawyers, and that tells me it’s all about one thing, money.”
Mingo said $2.5 million constitutes 15 percent of the town’s budget and Miami Lakes may have to raise taxes and cut services to balance next year’s spending plan.
“It’s sad the people of Miami Lakes would be silenced on an important issue,” he said.
Pizzi said Mingo’s straw ballot idea was politically motivated to try to keep him out of office, albeit he has yet to file papers to run for re-election in November.
The mayor said the results would’ve been predetermined had it been placed on the ballot.
“Nobody wants to pay attorney fees under any circumstances,” Pizzi said. “So you know how they will vote. This is a legal issue that should be decided in the court of law.”
Pizzi said the abatement for his criminal case should have eased some tension but Mingo’s straw ballot brought back old wounds.
“We agreed to an abatement in good faith and this item gets out on the agenda,” Pizzi said. “Talk about lack of good faith.”
During the heated debate which lasted over 60 minutes, Mingo and Pizzi exchanged words over the legal fees and proposed straw ballot which the mayor called misleading and disingenuous.
“This is part of a political strategy to make sure Michael Pizzi, who may run for office, be able to make attorney’s fees and criminal case a central issue in the campaign,” Pizzi said. “It’s absolutely absurd and intellectually dishonest.”
Mingo took a verbal swipe at the mayor following his intellectually dishonest comment.
“When I’m called intellectually dishonest, my gloves come off,” Mingo said. “I have never been arrested by the FBI for talking money in a closet. So, if there’s anyone who has a cloud over him, it’s you, not me.”
Before Mingo pulled his proposal for a straw ballot, most of his colleagues seemed to support his idea.
Councilmember Tony Lama said the straw ballot couldn’t be politically motivated since Pizzi hasn’t opened up a campaign account to run in November’s election.
“This is not interfering with an election cause Mr. Pizzi has not filed papers,” Lama said. “This is not politically motivated, we want to make the right decision and find out where residents sit.”
Councilmember Ceasar Mestre, who is running for mayor, said the Town Council is under a lot of pressure to resolve the legal matter once the abatement is over.
“I would like to know what they want us to do themselves because we have to make some decisions,” he said.
But residents who weighed in on the contentious straw ballot request didn’t embrace it.
Harry Bolinger said a straw ballot would just add to the town’s legal problem.
“We keep fighting the same battle for over a year and we’re getting deeper,” said Bolinger, who was a police officer for 27 years. “Working in law enforcement, I have seen people acquitted and entitled to reinstatement, back pay and attorney fees. It’s the law.”
Maria Kramer indicated the approval of a straw ballot pales in comparison to a judge’s decision on whether Miami Lakes should pay Pizzi’s legal fees.
“In the United States government, the court supersedes city, state and federal governments,” she said. “So no matter what the voters pass, if the courts say we have to pay the mayor’s legal fees, we are enjoined to have to the pay the mayor’s legal fees.”
Roosevelt Bradley said he couldn’t support Mingo’s proposal because it would drag taxpayers into a politically motivated campaign.
“I’m not in support for money to pay for political ads,” said the former Miami-Dade Transit director.
Ken Harris Robins, a civil rights attorney who Town Attorney Raul Gastesi said assisted Pizzi in his reinstatement settlement against Miami Lakes, said the straw ballot would have violated the mayor’s civil rights.
“He was acquitted of a crime and entitled to get paid by the city that benefited from the services by that mayor,” Robins said. “Don’t tamper with the ballot.”
In other Town Council News:
• Council members gave their final approval for an ordinance to amend the current budget totaling a $7,814,088 increase in the town’s spending plan from $29,799,989 to $37,614,076. The amendment further increases the budget by $679,809 (of which $666,809 represents one-time revenues from the Dunnwoody Lake Development and grant awards, and $13,000 of net transfers between funds), bringing the total budget to $38,293,855.
The amendment also includes an additional $45,000 to upgrade the Wi-Fi in the town’s parks, and an additional $650,000 in money generated by the new mobility fee from Lennar Homes Corporation’s residential development at N.W. 87 Avenue and 154 Street.
The modified budget funds some traffic-troubled spots at Windmill Gate Road ($50,000) and the Palmetto Expressway and N.W. 67 Avenue ($30,000), the Greenways and Trails Striping Improvements ($15,000), and the Town’s Dog Park construction additional funding ($50,000).
• Lawmakers approved a resolution to adopt the mobility fee for the Dunnwoody Lakes property where Lennar Homes Corporation is planning to build a residential community at N.W. 87 Avenue and 154 Street.
Lennar Homes purchased the tract from the Lowell Dunn family last year and Miami Lakes subsequently approved the corporation’s plans to build 256-single-family homes and 226 townhouses on the parcel.
The mobility fee of $657,807 replaces the town’s old method of developers paying for a traffic study to help improve traffic flow on the town’s roadways.
The new concurrency program allows developers to pay the town a fee based on the daily trips near their development projects and Miami Lakes would use the money to improve mobility for residents.
Town Manager Alex Rey said the mobility fee for Lennar Homes can help make roadway upgrades to meet traffic concurrency as required in a 2011 development agreement between the town and the Lowell Dunn family, which paved the way for opening up N.W. 87 Avenue to alleviate traffic gridlock on the west side.
Traffic improvements include adding a southbound left-turn lane at N.W. 82nd Avenue and 154 Street, building an exclusive westbound and eastbound right-turn lane at N.W. 82nd Avenue and N.W. 154 Street; construction an additional eastbound through lane on N.W. 154 Street from N.W. 79th Court to N.W. 77th Court; constructing an additional southbound left-turn lane at N.W. 154 Street and 79 Avenue; and erecting an exclusive northbound right-turn lane at N.W. 138 Street and 87 Avenue.
In addition, Council members approved a resolution for the final plat for Lennar Homes’ building plans.
• Council members approved a resolution to oppose any entity’s efforts to opening up N.W. 170 Street at Interstate 75.
• Council members approved a a three-year agreement with the Miami Lakes United Soccer Club with an option for two (1) year extensions to use Miami Lakes Optimist and Royal Oaks parks.
The new accord calls for the club to maintain a minimum of a 50 resident participation ratio in its recreational programs and a minimum of a 25 percent resident participation ratio in its travel and competitive programs, and the program should maintain a non-resident registration fee that is at a minimum 25 percent higher than the resident registration fee.
• Council members approved a resolution to accept and certify of the results of the May 17 special mail-in ballot election in which residents overwhelmingly approved 10 town charter amendments.
• Lawmakers approved Council member Manny Cid’s proposal for town staff to draft Declaration of Principles of Inclusion for individuals with Autism and other kids with special needs.
Cid said the town should follow Coral Gables’ lead and adopt similar principles including accommodating children and adults with autism and other special needs in all aspects of town sponsored events and activities.
• Lawmakers approved Cid’s proposal to direct town staff to fund the Black Olive Tree Removal program for the next fiscal year. The town would set aside $75,000 a year to underwrite the program.
Cid said most black olive trees in the town have been considered to be a nuisance because of their stain-causing leaves and berries, and aggressive root structure which tends to lift sidewalks and wrap around utility lines. The town has approved a 15 year replacement program for the removal of the estimated 3,040 black olive trees, said Town Manager Alex Rey.