Water wars: Oliver Gilbert pits Miami Gardens vs. North Miami Beach

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County commission could intercede this week

It would seem they are talking about oil instead of water.

A long-running battle between the cities of Miami Gardens and North Mami Beach over who controls the flow of agua to a lot of Northwest and Northeast Miami-Dade residents — and the surcharges that come with that control — has come to a boil in recent weeks with allegations of lying and greed.

On one side, we have Miami-Dade Commissioner Oliver Gilbert, the former mayor of Miami Gardens, who seems to be on a holy war with neighboring North Miami Beach over a 25% surcharge NMB charges for providing water to customers in the Gardens. He has introduced a county ordinance that would regulate the city’s utility. Gilbert says he is doing it for the people, the little viejitas who live on a fixed income. But he sounds more like a power-hungry bully on an ego trip. He really misses being the commission chairman, or the city mayor.

And Ladra can’t help but wonder if he’s really doing this for the biggest property owner in the area — the Miami Dolphins’ owner Stephen Ross, who also owns the Hard Rock Stadium, which must have a scary water bill, and has given tens of thousands in contributions to Gilbert and his political action committee, Common Voices. Because the savings for residents would probably be small. But for the stadium?

On the other side, we have North Miami Beach Mayor Michael Joseph, who has presented a plan to give people outside the city some relief – giving back people “their own money,” as Gilbert says — but insists the surcharge is there to pay for years of infrastructure expenses, debt and maintenance that can’t be just on the backs of his residents. Even though the dollars admittedly go into the general fund to help the city of 45,655 people (2024 figure) balance its budget.

Joseph is a scrappy guy with political potential to watch. He was ousted as commissioner by his colleagues in 2023 — because he missed three meetings in a row — but reinstated by the courts. Before that, he led a commission boycott of meetings because the former Mayor Joseph Defillipo, was accused of living outside the city and Joseph did not recognize him as mayor.

Read related: Miami-Dade: Oliver Gilbert spanks Rob Gonzalez on ‘my airport’ comment

These two cities have been suing, legislating, and lobbying over the Norwood Water Plant for years. Miami Gardens even won a $9 million settlement from North Miami Beach last year. Lawmakers tried to settle the fight in Tallahassee this spring, with a new law, which would require municipalities using a water or sewer plant located within the boundaries of another municipality, to charge the consumers in the municipality where the plant is located at the same rate as the consumers within its own municipal boundaries. So, basically, the NMB wouldn’t be able to charge a surcharge outside their city if they didn’t charge it inside.

It was obviously written for Miami Gardens. House Bill 11 was introduced by State Rep. Felicia Robinson, with Senate Bill 202 introduced by Sen. Shevrin Jones — both of whom represent Miami Gardens. Gilbert celebrated. “This is more than just a legislative victory, it’s a moral one” he said. And he often sounds like a preacher from the 1950s.

Then Gov. Ron DeSantis vetoed it, saying it was a local matter. In other words: It ain’t the state’s job to referee a municipal water fight.

But the legislative activity seems to have gotten the water roiling again. There’s been a flurry of new back and forth op-ed pieces by Gilbert and Joseph trying to garner support for their respective positions.

The two sides couldn’t be further apart as evidenced at a recent Miami Gardens Council meeting where Joseph showed up with his version of “an olive branch” — in this case, “olive trees” — to sell his city’s new water discounts. Seniors, disabled vets, deployed service members, and widows of first responders could get 10% off their bills, up to $100 a year. Plus a little $50 kickback if you sign up for autopay. He also plugged his We Care to Share program, which helps people behind on their bills.

Miami Gardens Mayor Rodney Harris politely thanked him, saying they could sit down later to talk partnership. Joseph, ever the diplomat, replied, “One thousand percent.”

But the warm fuzzies dried up quick when Gilbert just strolled up to the podium like he owns the place. He wasn’t called on, like Joseph was. In fact, he interrupted a council member when he just took the mic and mocked Joseph for leaving right after his speech. “Oh, that’s just tragic,” Gilbert said sarcastically.

Read related: Miami-Dade passes final $12.9 million budget — sans transit fare increases

Then the former county commission chairman ripped Joseph’s plan to shreds. A $100 discount? A $50 credit? “Basically giving you back your own money,” Gilbert scoffed, pointing out that North Miami Beach has been skimming millions every year from Gardens residents through surcharges. “We’ve been fighting now for the better part of two decades to bring water fairness to Miami Gardens.”

Gilbert urged the city council members and residents to show up at County Hall Thursday, when his new ordinance gets a final vote. The measure could force municipal utilities to prove their surcharges actually go back into the water system — not into the general fund to pay for other goodies — or face fines and maybe even county takeover. Gilbert calls the current system “taxation without representation.”

Joseph calls the county ordinance government overreach with “guns blazing.”

“It’s a solution looking for a problem,” that “unfairly targets” North Miami Beach, Joseph said. No other municipal water utility — not Hialeah, not Homestead — would be regulated. “This ordinance not only threatens our ability to deliver critical services, it also raises serious operational and governance.”

Joseph, other council members and the city’s attorneys say that only the state has jurisdiction over the North Miami Beach water utility, which is regulated and has won awards. And somehow the county wants to put it under the same jurisdiction that was issued a federal decree in 2013 because the Miami-Dade Water and Sewer Department had violated the Clean Water Act? The decree with the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection required the county to spend $1.6 billion over 15 years to upgrade its collection process and wastewater treatment plants and eliminate sanitary sewer overflows.

Ew.

The argument apparently hinges on a state law that Gilbert says the municipal utility is violating. “Follow the law,” Gilbert thundered at the at the Miami Gardens meeting last month. “In order to provide water service outside city limits, they have to have an agreement withy the city. You’d be an absolute fool to negotiate against something that’s the law right now, that they’ve been breaking for two decades.”

But he must be reading the law wrong. Because there is no “shall” in Florida Statute 180.19. It says “a municipality which constructs any works as are authorized by this chapter, may permit any other municipality and the owners or association of owners of lots or lands outside of its corporate limits or within the limits of any other municipality, to connect with or use the utilities mentioned in this chapter upon such terms and conditions as may be agreed between such municipalities, and the owners or association of owners of such outside lots or lands.”

The italics are Ladra’s. Because the key word is “may.” This gives the city some leeway, no?

The ordinance already passed at the county’s infrastructure committee Sept. 8, with a 4-1 vote. Only Commissioner Micky Steinberg, who represents other cities that are serviced by NMB water who are not complaining, voted no. Could that be because the other cities — including Miami Gardens, by the way — also tack on their own, additional 10% surcharge on top? So they, too, are using the NMB water bill as a revenue source for their own general fund.

Funny Gilbert, who is also the biggest champion of giving $46 million of our dollars to FIFA for World Cup activities, didn’t mention that.

Read related: Miami-Dade could cut back services, give millions to FIFA for World Cup

That committee meeting was even more heated than the Miami Gardens one, with the county commissioner accusing the city electeds of being less than honest. He said that they had told state legislators that North Miami Beach needed the surcharge to pay for upgrades and just the water system.

“I’m glad that wasn’t repeated by the elected officials before this body because I would have filed an ethics complaint,” Gilbert bellowed from his tower. “You can’t stand in public as an elected official and just lie.”

And Ladra has a feeling that one is going to come back and bite him in the, um, bowtie.

“Everyone who says this is going to affect their ability to maintain the water system, that’s an absolute lie,” Gilbert said.

At one point, Gilbert even tried to give legal lessons to attorney Kendall Coffey, representing North Miami Beach. Yes, the same Kendall Coffey who as U.S. Attorney headed the largest federal prosecutor’s office in the country. Gilbert tried to insinuate that Coffey wasn’t being completely honest in his presentation. “There’s this thing called candor to the court. You can’t tell the court about some of the cases and ignore the cases against you.

“When you’re a litigator, that’s important. Because you get disbarred if you don’t have candor with the court.”

That’s especially rich since Gilbert has let his own legal license lapse. Ladra doesn’t know why. He did not answer phone calls or respond to questions on an email sent to his staff. But Gilbert is not eligible to practice law in Florida, according to the Florida Bar. Is that why he’s reading the law wrong?

So here we are. The Governor punted. North Miami Beach is dangling discounts. Miami Gardens and Gilbert want county enforcement. And the people paying the bills? They’re still stuck in the middle, praying somebody — anybody — will finally turn off the political spigot.

  Miami Gardens, Michael Joseph, North Miami Beach, Oliver Gilbert