Mayor Keith James Court Ordered To Give Depositio
Two TV stations WPBF 25 and WPTV 5 News have recently reported stories on the problem the City is having finding a company to run the newly refurbished Sunset Lounge, and both stories are included. Below you will find excerpts from both 25 & 5 news stations. My comments in italic.
WPBF 25 News Terri Parker Investigative Reporter
Judge orders West Palm Beach Mayor Keith James to give deposition in Sunset Lounge lawsuit.
The city filed a protective order motion saying James had no direct knowledge of firm’s disqualification to run the venue.
A judge has ordered Mayor Keith James to give a deposition in the lawsuit filed by Vita Lounge, LLC over its disqualification to run the Sunset Lounge, saying the company is entitled to discover what role James played in pushing them out.
As Vita Lounge LLC goes forward with its lawsuit against West Palm Beach for disqualifying the company from running the historic Sunset Lounge, lawyers tried to shield James from testifying by filing a motion for a protective order.
James voted in June for the Miami company Mad Room Hospitality to run the newly renovated, $16 million Sunset Lounge, saying he thought Mad Room was better equipped to take on the big job than local contender, Vita Lounge LLC.
But Vita won the vote. Two days after Vita secured the bid to begin negotiations, James sent an email to the city attorney questioning whether Vita had violated the “cone of silence” by giving an interview about the Lounge to WPBF 25 News.
And now that Vita is suing, the city didn’t want James to explain what made him question Vita’s actions — questions that led to their disqualification.
When Vita filed to take James’ deposition last month, city lawyers filed a protective order, including a signed affidavit from James, saying in part: Please read the entire story below.
But Judge John Kastranakes questioned that – saying, according to a court transcript:
“One could legitimately question the veracity of that statement given the emails. Why shouldn’t the Plaintiff be able to depose the mayor as to what caused him to send that? How did he get wind of that?”
Vita’s lawyers are implying James was searching for a pretext to disqualify Vita so his choice, Mad Room, could take over, which is what happened.
Mad Room said it is no longer interested in the job, and the trial with Vita will be tentatively scheduled for late October.
The Sunset Lounge remains empty, costing taxpayers an estimated $30,000 a month according to city staff.
https://www.wpbf.com/article/judge-orders-west-palm-beach-mayor-keith-james-to-give-deposition-in-sunset-lounge-lawsuit/41253470
WPTV 5 News Michael Buczyner The Channel 5 stories mention three people interviewed for their story, Robbie Littles, a former City Commissioner, Rodney Mayo, Local business owner and Lia Gaines, a staunch advocate for African Americans.
Ballooning costs, inability to find operator hamper West Palm Beach’s efforts to revive historic Sunset Lounge.
The city of West Palm Beach and its community redevelopment agency are creating a new African American cultural tourism destination.
The publicly-funded redevelopment of the Sunset Lounge in the city’s historic Northwest neighborhood hopes to “pay homage to the rich jazz and Black history of the area.
“This was the entertainment hub,” Robbie Littles said. “It was the only place the good top-shelf Black entertainers could perform.”
Littles recalls musical memories he made at the Sunset Lounge as a young man.
“We sat out on a hood of cars at night when the big entertainers were here and listened to it,” he said. “At that point in time, for Black folks, this was the only place for us to go.”
Mayor Keith James and CRA Director Christopher Roog declined multiple requests for an interview to answer WPTV’s questions about the project, including the cost.
Local business owner Rodney Mayo told Contact 5 that he recently toured the Sunset Lounge.
“I was concerned where all the money went but once you walk in, you’re like, ‘This is where it all went,'” Mayo said. “They really didn’t skimp on anything. It’s really all first-class finishing.”
The city wouldn’t allow our cameras inside the renovated venue to see how the dollars were spent, despite multiple requests. Why was Mr. Mayo allowed to tour the Sunset Lounge and Channel 5 was not?
When pressed why and a spokesperson told Contact 5 that the city is planning an “open house for the community” once they receive a certificate of completion from the building department.” I would find it hard to believe Channel 5 bought the reason. Hopefully they verified a certificate of completion has not been issued.
Mayo said he considered applying to operate the Sunset Lounge but doesn’t think it’s viable.
“Dinner theaters are kind of done. They don’t exist anymore for a reason because it’s a bygone era,” Mayo said. “You cannot bring back the past or recreate the glory, sometimes you have to adapt to what the current market is and the current market is not what they are building.” I respectfully disagree with Mr Mayo’s statement. At the end of the story please read about 30 Dinner Theaters in Florida.
Mayo believes for the Sunset Lounge to shine, the CRA should go back to the drawing board and develop a new plan.” OMG seriously?
That has people like Lia Gaines concerned about what it could mean for the future of the historic Northwest neighborhood as cranes pierce the horizon and development creeps closer.
“They have no place else to expand to, so they have to come north,” Gaines said.
“It’s still the area closest to downtown,” Littles added. “It’s still the area closest to the water.”
And as Littles looks on to the future, he’s hopeful for new musical memories at the Sunset Lounge and the historic Northwest neighborhood he knows so well.
Entertainers like Ella Fitzgerald and Louis Armstrong graced the Sunset Lounge dating back to the 1940s and 1950s, making it a “premier African American entertainment” venue at a time of racial segregation.”
At the time it’s all the African Americans could claim as “theirs” and should be returned to them, and Vita Lounge, LLC, a black owned, local business should be allowed to operate the lounge. Just common sense.
The CRA recently estimated operating costs for the Sunset Lounge at around $26,000 a month to maintain the building. Staff gave a figure of $30,000.00 to WPBF 25 news, and $26,000 to WPTV 5. Staff should have a meeting and agree on a figure. I’m going to use $26K and if correct James has cost the taxpayers since June a total of $104,000.00.
A spokesperson told Contact 5 that the city is expected to issue a new solicitation for the operation of the Sunset Lounge in the near future.
30 Dinner Theaters in Florida
https://www.tripadvisor.com/Attractions-g28930-Activities-c58-t117-Florida.html
The end
Public Comment
November 5, 2021, Story published in WPB Watch, and a comparison will be made between Cohen Brothers development of the Tent Site and City property discussed at the City Commission meeting held 9/6/2022.
“The Tent Site is a piece of city owned property that has been dormant and a terrible eye sore for 24 years, until the Cohen Brothers has a vision to build “West Palm Point”
It’s the end of the meeting and Commissioner Peduzzi, James was absent, asks the City Clerk if there are any comments emailed to the City. Well, yes there are. In fact there are 77 comments to be read. Due to the amount the Clerk is advised to just read the names and addresses, and if they are in favor or opposed to the project. I listened and wrote every name and address down.
All 77 comments were opposed to the project, and if that’s not surprising to readers this should be. The vast majority who opposed live in my area, District 2, called the Villages and live many miles from the Tent Site.
Sept. 6, 2022 City Commission Meeting.
8.4. “Resolution No. 240-22 finding that City property located at the corner of Quadrille Plaza Drive and Clematis Street is not needed for City purposes, declaring the property as surplus, and authorizing the conveyance of the property through negotiation of the sale with NL 512, LLC.” Who are they?
Mr. Rodney Mayo sent email to the City on Tue, Sep 6, 2022 @ 4:24 am, and can be read below. If you own and love a dog as many of us do, please take the time to read the email. The picture was included with Mr. Mayo’s email. Click to enlarge.
“Dear Commissioners,
Although I do not oppose the sale of this strip of land in hopes that it will be put to a better use I must express my disappointment over our repeated attempts over the past 4 years to utilize this public property as an art installation and most recently a dog park.
In 2019 we first approached the CRA who claimed ownership and control over this strip of land. We proposed an art wall installation similar to the Wynwood Walls in Miami’s art district. We offered several different proposals at no cost to the city or the taxpayers. We just wanted to create an inviting environment for residents and visitors to downtown. As the entrance to the 500 block from the east, that strip of land is the first thing people see heading west. We have tried over the years to make the 500 block a destination by creating entrance planters, weekend street closures and events. We offered all the usual criteria , safety plan, liability insurance, agreement to remove and restore the lot. We asked the DDA for help to get it approved but was told it was CRA property and they could not help.
After some time waiting for approval we were told we could not use the lot and that the CRA had plans they could not disclose.
We then approached the CRA and the DDA together to create a dog park on that site. Again paid for by private business and at no cost to the city, CRA, DDA or taxpayers. After a few months of getting bounced around we were finally told that the lot belonged to the city and we would have to contact them. I am confused as to why for 3 years we were told by the CRA the lot was under their control.
We proposed a dog park with irrigation, dog bag dispensers, obstacle course, seating and shade. We offered to do this as a pop up with no strings attached. If the lot was sold or needed for another use we would remove everything and restore to its current state. (Currently the lot is not maintained, it is half sand and mud, there is no irrigation and the hedges are dying.)
We were told no by the city representative.
Even if this lot sells or goes under contract to a private entity the time frame for construction is Atleast 12-18 months away.
We would like the opportunity in that time, for what ever time, to create a pop up dog park for our community. The lot currently is used as an impromptu dog park, we would just like the opportunity to beautify , maintain and perhaps save a puppy or 2 from the barrage of sand spurs that currently exist.
After all this is taxpayer property and it would be nice if the taxpayers could actually benefit from it before it is disposed to a private developer.
Sincerely
Rodney Mayo
Subculture Group”
9/6/2022 Discussion by City Officials on the piece of surplus land.
The area under discussion is the red section on the right. Click to enlarge.
Jennifer Ferriol, Director of Housing and Community Development, made the presentation for Resolution No. 240-22.
James: “Now we have a number of items that came from the portal and have been distributed to you Commissions. Madam City Attorney, are we obligated to read these out loud with comments coming from the portal?” City Attorney: “You have the comments in front of you so you can read them and take into consideration as you make your decision. We will keep the comments as public record.”
Residents who took the time to email the City with their comments and submit them by 2pm requesting a dog park were ignored, their name, address and comments were not read out loud for their opinion as was done at the Cohen Brothers project when 77 residents asked the City to deny their project. It appeared to me James did all he could to keep Cohen Brothers away from the Tent Site.
We don’t know how many emails were sent, and I will go out on a limb and suggest all emails were in favor of a temporary dog park. Did City Commissioners have the time to read residents emails in the Portal before making their decisions?
The Parcel proposed for surplus is 25’ wide and when Commissioner Fox asked the length of the property. Ms. Ferriol admitted she didn’t know but would have an answer when they meet for the second vote.
So, who is NL 512, LLC. See definition of LLC below.
NL 512, LLC is a Florida Domestic Limited-Liability Company filed On August 25, 2022. The company’s filing status is listed as Active and its File Number is L22000372131.
The Registered Agent on file for this company is Jones Foster Service, LLC and is located at 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401. The company’s principal address is 285 Banyan Boulevard, West Palm Beach 33401 and its mailing address is 285 Banyan Boulevard, West Palm Beach, FL 33401.
The company has 1 contact on record. The contact is Navarro Lowrey, Inc. from West Palm Beach FL.
NAVARRO LOWREY, INC. 285 Banyan Boulevard West Palm Beach, FL. 33401
“Navarro Lowrey is a focused commercial real estate provider that owns, develops, leases and manages commercial real estate properties from its corporate headquarters in West Palm Beach, Florida.”
What is the meaning of a limited liability company?
“A limited liability company (LLC) is a business structure in the U.S. that protects its owners from personal responsibility for its debts or liabilities. Limited liability companies are hybrid entities that combine the characteristics of a corporation with those of a partnership or sole proprietorship.”
Jones Foster Service, LLC filed On August 25, 2022 with the Florida Department Of State Business Registration, 13 days before the City Commission met to decide on a piece of surplus City owned property. If I didn’t know better I would think Jones Foster or Navarro Lowery had a heads up. I’m sure it’s just a coincidence both have the same business address: 285 Banyan Boulevard. Will the City request an appraisal and accept bids on the land, or has the decision been made?
https://www.bizapedia.com/fl/nl-512-llc.html
The end.
Possible reason the WPB CRA Is Losing Millions!
Below is a section of the City’s IA (Internal Audit) the City’s watchdog who reports on waste, fraud and abuse was release June 22, 2020, and is the first report issued. The audit is ongoing.
“Community Redevelopment Areas are established by local governments to carry out redevelopment activities that include reducing or eliminating blight, improving the economic health of an area, and encouraging investments.
The WPB CRA works with residents, property owners, businesses, developers and other community organizations to foster redevelopment within the CRA Districts.”
CRA Funding:
The primary funding source available to the CRA consists of Tax Increment Revenues. Tax Increment Revenues are a unique tool available to cities and counties for redevelopment activities and are used to leverage public funds to promote private sector activity in the targeted redevelopment areas.
4. Contract Procurement can be read on page 14.
First Contract:
“After a competitive bidding process, the City entered into an agreement with RMA to staff the CRA with an initial term of three years that was extended by an additional two years, for a total of five years, thereby exhausting all available extensions.
The contract was executed in December 2013 and was scheduled to expire in December 2018. However, in 2016, the Palm Beach County Inspector General’s Office (IG) issued Investigative Report No. 2016-0002 that included a review of the procurement process for this contract. We reviewed the IG report and the City’s procurement documents related to this contract. We found that the IG report was sufficiently reliable to provide an independent assessment of the procurement process for this first contract. A copy of the IG report including the related documents can be found in the Attachments section of this report. We note that the IG report recommended reviewing the contract and taking appropriate action. Thus, we focused our efforts on assessing the procurement of the second contract.
Second Contract:
We reviewed the documents related to the second contract with RMA and found that in September 2018, a new contract was executed between the City and RMA without going through a competitive bidding process and was approved by the Commissioners. We found that the contract value after five years was about $6.4 million to a single vendor. This contract was brought before the City Commissioners for approval in August 2018, as Resolution No. 242-18, which did not meet the Procurement Code requirements. Specifically, the requirements not met were placing an RFP/RFQ for vendors to competitively bid on the contract. We found that the supporting documents did not clearly indicate that 1. New competitive bids were required to obtain a new contract, and 2. The Commissioners were being asked to waive this particular requirement. We acknowledge that it is within the Commissioners discretion to waive procurement requirements, however, requests made to Commissioners should be clear and transparent, particularly in high-dollar contracts to single vendors.”
“Rasing questions about contract awarded to RMA”
By: Niels Heimeriks Posted at 3:19 PM, Sep 28, 2016 and last updated 3:20 PM, Sep 28, 2016
“A report by the Palm Beach County Inspector General’s Office released today is highly critical of the city of West Palm Beach, its former spokesperson Elliot Cohen and a city contractor in charge of redevelopment.
The Inspector general concludes that former city spokesperson Elliot Cohen disclosed classified information to the public; that he used his position and city resources to run his private side business, and that he improperly had a side job with a city contractor.
But the county watchdog goes even further, saying that Cohen misused his position to solicit business for his private firm.
As a result the O.I.G. brings into question whether the more than $3 million the city has paid RMA was wasteful, or even fraudulent spending, and recommends the city review its contract.”
Below is the story written by WPTV Chanel 5 Niels Heimeriks
Jon Ward was the Executive Director of the Community Redevelopment Agency before Mayor James replaced him with city employee Christopher Roog, although RMA employees are still on the job.
I placed a PRR (Public records Request) for information on how much money the City actually paid out for the still closed Sunset lounge, and received an invoice for $150.00 for the information, which I am not willing to pay.
“Jon Ward, executive director of the Community Redevelopment Agency, noted that several significant projects are getting underway, after years of studies by urban design consultants.”
https://rma.us.com/just-in-west-palm-beach-digs-into-clematis-street-makeover/
What is the hourly salary?
Urban Design Assistant $105.00/Hr; Urban Designer 1 $115.00/Hr; Urban Designer 11 $125.00/Hr; Sr. Urban Designer $150.00/Hr; Director- Urban Design & Planning $185.00/Hr.
A reader of WPB Watch also placed a PRR and received the response below which was shared with me, and I am now sharing with readers. Click on the picture to enlarge.
