Brightline & Positive Train Control

What I have learned about Brightline death train was witnessed by me while traveling Banyan Blvd. heading for City Hall. A few years ago the traffic light turned from green to red, bells rang, lights flashed and the crossing gate came down followed by the Brightline train. I can honestly tell readers I was shocked and frightened by the train’s speed.

The train passed, the crossing gate was raised, the traffic light turned green and people were off traveling over the tracks when the traffic light turned yellow then red. STOP! People trying to make the light stopped at the red light leaving cars behind them sitting firmly on the rail tracks. Foolish, foolish, foolish, but does not deserve the death penalty.

If you repeat a lie enough times it becomes a fact. Brightline claims people stand on the tracks to commit suicide. I don’t by it. If someone is depressed enough to want to end their lives there are easier ways to do it than standing on railroad tracks waiting for a train traveling at 80 miles an hour, and unable to stop.

Lets examine walking to your destination. Your walking when suddenly the crossing gates come down in front and behind you. Your standing between the two when you hear a train barreling down the tracks and your in the way. If your young and in good health you may manage to cheat death. If your my age good chances are you meet your maker, ready or not.

Brightline is testing runs from Cocoa to Orlando where trains will travel at 125 MPH. If people are not safe with speeds of 80 MPH what chance do they have at 125 MPH?

Why the speed? Common sense tells us the faster they travel, the more trips they make equals more money. Greed can’t see the blood left on the tracks.

It’s time for City, County and State leaders to step up and say enough is enough. You can’t speed through my City, County or State. Time for politicians to stop telling us they love us and start showing us.
Below are excerpts from stories written be media and I have enclosed the link if you care to have more information. The dates are important to the story, along with important facts concerning PTC (Positive Train Control.) If underlined please pay close attention.

WPTV Channel 5  12/19/2017

“Brightline plans to install Positive Train Control technology that could have prevented Amtrak crash. Amtrak confirms that technology could have prevented this derailment in Washington State was installed, but not active when the train left the tracks and crashed down on interstate five.
Positive Train Control slows down a train automatically when going too fast. This train was traveling at 80 miles an hour in a 30 mile-per-hour zone.

When Brightline launches its high speed service to Fort Lauderdale and Miami in a matter of days, those trains will not have positive train control either. Safety and speed are two reasons why leaders on the Treasure Coast oppose extending Brightline to Cape Canaveral, and then to Orlando.

Brightline plans to install Positive Train Control before Congress’ 2018 deadline, but in Martin County engineers worry that if that deadline gets extended that trains that one day travel through the Treasure Coast will not have the important technology.”

https://www.wptv.com/news/region-martin-county/brightline-plans-to-install-positive-train-control-technology-that-could-have-prevented-amtrak-crash

Treasure Coast Palm     May 7, 2018

“Clock ticking to install safety improvements for Brightline trains. The speedy Brightline trains will present a unique hazard when they begin zipping through Treasure Coast communities. But unless Florida East Coast Railway gets its act together, the fast trains could be even more perilous.

By the end of the year, Florida East Coast Railway — which owns and operates tracks between Miami and Jacksonville, including the main corridor through our region — is supposed to install important safety upgrades known as “positive train control.” The technology, which uses GPS and other technologies to monitor train positions, can automatically slow or stop trains to prevent collisions. A 2015 congressional order instructed Florida East Coast and 40 other railroads to implement PTC by Dec. 31, 2018.

As of the last quarter of 2017 — the most recently available report — Florida East Coast reported that none of 69 trains had received PTC upgrades; no PTC track improvements had been completed; and only 24 of 347 employees had received PTC training.

By the end of the year, Florida East Coast Railway — which owns and operates tracks between Miami and Jacksonville, including the main corridor through our region — is supposed to install important safety upgrades known as “positive train control.”

https://www.tcpalm.com/story/opinion/editorials/2018/05/07/clock-ticking-install-safety-improvements-brightline-trains/585793002/

Florida Politics Feb. 24,2022  “Higher-speed train safety on agenda of Florida officials Brightline has had 58 deaths including 3 in past 10 days. Representatives of South Florida’s higher-speed railroad, other train lines and local governments met with federal safety officials Wednesday to begin working out plans that they hope will decrease the number of fatal collisions between locomotives, cars and pedestrians. Brightline has had 58 deaths since it began operations in 2017, including three in the past 10 days, giving it the nation’s worst fatality rate per mile, according to an ongoing Associated Press analysis that began in 2019.

Other Florida railroads are not far behind. None of the deaths have been found to be the fault of Florida’s railroads or their crews, but that doesn’t mean the rail lines and federal, state and local governments can’t find mitigation strategies that work, said James Payne, who oversees the agency’s grade-crossing safety program. South Florida’s commuter service Tri-Rail has the 13th-worst fatality rate and the Florida East Coast freight line is 15th-worst out of more than 800 U.S. railroads, according to the AP analysis. Most of the fatal accidents have been caused by drivers going around crossing gates, pedestrians trying to beat trains and suicides.”

https://floridapolitics.com/archives/500251-higher-speed-train-safety-on-agenda-of-florida-officials/

Chanel 5 WPTV Oct. 12, 2022 “Driver dies after freight train hits vehicle in downtown West Palm Beach. A  76-year-old woman has died after her vehicle was hit by a freight train Wednesday in West Palm Beach. The crash occurred shortly before 5:30 p.m. at the railroad crossing along Quadrille Boulevard and Fern Street. West Palm Beach police said the driver, a woman in her 60s, was extricated from the vehicle and rushed to a hospital in “very critical condition,” where she later died. The crash occurred shortly before 5:30 p.m. at the railroad crossing along Quadrille Boulevard and Fern Street. Witnesses said several ambulances were at the scene. One person described the incident saying the train “plowed into a car.”

https://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/downtown-freight-train-crash-10-12-22

Please let this be the last death caused by speeding trains. May God hold her in the palm of His hand, and her family and friends find peace in the aftermath of her tragic death. Speed kills! Stop the insanity!
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Taxation by Citation

It appears Florida turned out to vote in the mid-term elections for Governor, US Congress, US Senator, Attorney General, Florida Chief Financial Officer among others.

WPB residents will once again go to the polls in March 2023 to vote for a Mayor and two City Commissioners.

One of the smartest men I ever met, I called him dad, was an avid reader and followed politics with a passion. Something happened in the city I grew up in and my parents, along with many others were outraged by a decision/policy made by city officials. One statement my dad made was if you’re going into politics and you screw up do it at the beginning of your term because the public has a short memory. I believed him, and still do.

So your street floods, has potholes, fees and taxes are rising, people struggle to pay their utility bill, over development, people can’t find affordable homes to buy or apartments to rent, gridlock driving and crime is up to name a few problems facing WPB. Who do you turn to for help? Certainly not the Governor or the other four mentioned above. You turn to elected city leaders. Hence the problem.

The four years Mayor Keith James has been in office, in my opinion, he has made decisions that have hurt residents and businesses alike. The story below concerns changes made to the city’s parking structure and I realize it’s “old news” but I ask readers to take the time to review the information taken from the city website and I hope readers become upset as we did when it first made the news. The City website does not mention that before this new administration on-street parking on Sundays and holidays was free, now you pay. They doubled the fee and set a two hour limit on parking. When asked, James said it was to keep traffic moving. When asked, Sandy said he found a new and more expensive way to reach into your pockets.

Below is information from the city, any comments or opinions by me are in italics, and if underlined a word or two it’s to bring to your attention.

Parking Locations:

“Terms of Use: This data is provided for reference only. Any reliance on the information contained herein is at the user’s own risk.”     That sentence from the city website, are they telling us we can’t rely on information the city supplies. We use it at our own risk?

With more than 3,600 parking spaces, City of West Palm Beach Parking Services has plenty of parking options to offer you the convenience, affordability and safety to enjoy your visit.

Metered Spaces:
About 1,500 on-street metered parking spaces are offered throughout the downtown in the area between Clearwater Drive and Flagler Drive, and Eucalyptus Street and Okeechobee Boulevard! The meters are solar powered ‘smart meters.’ The rates are determined by parking demand in three zones, A, B, and C.

Rates & Payment:    

Garage Rates:
$1.00 for the first two hours, $2 for each additional ½ hour
Maximum daily rate: $20.00
Saturdays & Sundays (excluding special events): $5.00 all day
Holidays (excluding special events): $5.00 all day
Special event rates: Up to $40.00

Monthly parking permit with 24/7 access (Check for garage availability): $100.00 plus tax

Downtown residential parking permit (Not offered in City Center Garage, Proof of residency required): $80.00 plus tax.

Metered Rates:  Parking rates at meters vary between $1.00 and $2.50 per hour, depending on location.

High demand, on-street meters in Zone A: $2.50 per hour (2-hour maximum).

Additional on-street meters in Zone B: $1.50 per hour (4-hour maximum).
Additional on-street meters in Zone C: $1.00 per hour (6-hour maximum).

Parking Permits: The City of West Palm Beach offers monthly garage, lot and on-street parking permits for purchase:

Garages:      
Residential Parking Permits: $80.00 plus tax (City garage permits for West Palm Beach residents who do not have parking at their facility)

General Parking Permits: $100.00 plus tax (City garage permits for the general public, but excluding residents who do not have parking at their facility)
Discount for Hospitality Workers: $50.00 plus tax (Businesses that employ hospitality workers may purchase monthly garage parking permits on a space available basis, at a discount of 50% of the market rate, for eligible employees with proof of employment as a hospitality worker.

Off-Street Parking Lot Permits: $50.00 plus tax (Monthly permits available to the public for parking in the following parking lots: Palm Beach Post Centennial Park Lot, Howard Park Lot, and Fishing Club Lot).
On-Street Parking Permits: Purchase and renew your On-Street Parking Permit with our Online Permit Management System.

Permit Locations and Availability:
Location Available                         In Use                                  Waiting List
400 Block of Gardenia St.                7                                                  14
Okeechobee Lot                                 55                                                  4

Above shows two locations Gardenia and Okeechobee. It appears the city did did not allow enough spaces for Hospitality Workers. So when their shift is over, been on their feet for hours, it’s dark out, how far must they travel to retrieve their cars?

Citations & Fines: The City of West Palm Beach Parking Administration offers four options to pay your citation.
Online: Click here for the Parking Citation Payment Portal. If your citation is over 35 days old or if you have more than 3 citations, contact Parking Services for assistance at (561) 822-1500.
By Mail: Pay the amount due and make full payment by mail. Send check or money order made payable to the City of West Palm beach with your ticket. Do not send cash. Send to: City of West Palm Beach Parking Services, P.O. Box 31240, Tampa, FL 33631-3240.
By Phone: Call (561) 822-1500 In Person:

Fines:
Expired Meter: $35.50
2nd Offense within 6 months: $75.00
3rd Offense within 1 year: $150.00
Non-Moving Violations: $60.00
2nd Offense within 6 months: $75.00
3rd Offense within 1 year: $150.00
Disabled Parking: $250.00
Stopping, Standing and Parking in Restricted Areas: $75.00
Truck Parking Violation $150.00
Late Fees: $25.00
Immobilization Fee: $50.00

Google explains  “Vehicle immobilization is something the police use to stop a vehicle from moving. Police officers have the power to immobilize your vehicle when they stop you. They also have the power to move the vehicle, or tell you to move it so they can fit an immobilization device.”

Crossing Guard Surcharge (added to each citation): $3.00         Is this even legal?

Appeal A Parking Citation:

“To request an appeal hearing for a traffic citation issued by the City of West Palm Beach, you must do so within fourteen (14) calendar days.”
The City has 8 steps to be taken if you wish to appeal a parking citation.

Important Information:
Do not pay your fine at this time if you are appealing it (you will be required to pay the court later if the citation is upheld).
You waive the right to pay the current amount of the civil fee (parking fine) to the City of West Palm Beach when the citation is forwarded to the Clerk of Circuit Court.
If the citation is upheld, it may be subject to additional fees and costs.
Only those appeals filed correctly, and written within the time allowed will be processed.
Postal delays or electronic equipment failures will not be considered a valid excuse for an untimely appeal request
https://www.wpb.org/government/parking-administration

“Cities and towns nationwide use their power to enforce traffic, property code and other ordinances to raise revenue rather than solely to protect the public. And, as this report finds, a wide range of state laws may enable or even encourage such taxation by citation.”
https://ij.org/report/municipal-fines-and-fees/

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Mayor James 2nd. Attempt To Change FCOE Outcome!

July 29, 2020   State of Florida Commission on Ethics. James decision.  See below page 3

“The Commission rejected the recommendation of its Advocate and found probable cause to believe West Palm Beach Mayor KEITH JAMES misused his position to urge the award of a no-bid security contract to a company operated by one of his friends.”

FCOE James 7-29-2020

July 31, 2020  PB Post:  Below is an excerpt from the PB Post. Entire story below.

“State ethics panel finds West Palm Mayor James possibly at fault in no-bid deal

The Florida Commission on Ethics, rejecting its investigator’s recommendation, found probable cause that Mayor Keith James “misused his position to urge the award of a no-bid security contract to a company operated by one of his friends.”

The decision is not a finding of guilt but it means the commission found the case merited further review,  trial before an administrative judge or settlement talks with the board.

No additional action along those lines has been scheduled yet, said C. Christopher Anderson III, executive director and general counsel of the commission. If James is found to have violated state ethics law, he could face fines of as much as $10,000 per violation or removal from office.

The West Palm Beach case arose after the award of a $7.9 million citywide security guard contract last September to Professional Security Consultants without competitive bidding. The Palm Beach Post reported that James and other city officials socialized with Willie Perez, the firm’s regional director.”

https://www.palmbeachpost.com/story/news/local/2020/07/31/state-ethics-panel-finds-west-palm-mayor-james-possibly-at-fault-in-no-bid-deal/42000069/

April 22, 2022   STATE OF FLORIDA COMMISSION ON ETHICS

PUBLIC SESSION AGENDA           James  Page 2
CONSIDERATION OF COMPLAINT DISMISSAL
A. Complaint No. 19-180GPS/RGM
In re KEITH JAMES (WEST PALM BEACH)
Elizabeth A. Miller (Advocate)    Ms. Miller is an attorney who works for the State of Florida Commission on Ethics and investigated the complaint, and found no probable cause to investigate.
Atty. Ron Meyer (R)         Ron Meyer represents Mayor Keith James
Adam Giddens (C)           Mr. Giddens is the complainant   (Giddens Security)

FCOE Agenda 4-22-2022

April 22 2022  Florida Commission on Ethics     Video runs 2:09:41

James case begins @ 9:43 and finishes @ 57:29. James attorney, Ron Meyer speaks to the Commission from 48:42 to 53:24. Commissioners end the James case @ 57:24. If you view the video you will hear the term DOAH which is a acronym for Division of Administrative Hearings. According to Google

(“DOAH is a state agency that employs full-time Administrative Law Judges to conduct hearings in most cases in which the substantial interests of a person are determined by an agency and which involve a disputed issue of material fact.”)

Motion to Dismiss: Commission found Probable Cause to investigate.
Mayor Keith James case goes quickly when enough Commissioners finds Probable Cause to continue the investigation. Other Commissioners disagreed and a conversation begins with Commissioners attempting to change the minds of Commissioners who voted they found probable cause. The meeting ended with Mr. Meyer addressing the Commissioners, and no minds were changed.

https://www.youtube.com/watch?v=RzHNL9uY6ok 

My concern is how Mr. Meyer is paid for his service defending Mayor Keith James. I can think of 3 possibilities. Mayor James is paying his own way, the taxpayer is footing the bill or it’s paid out of James re-election campaign.

The good news is the lawsuit against James is tentatively scheduled for the end of November 2022. I’ll keep readers posted.
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The Last Straw?

When you received your water bill in Oct. 2022 you also received an insert which reads.

Single – Use Plastic Straw Ban. If it’s underlined it’s to draw readers attention to what I consider important.

WPB is taking action: Ordinance 4836-19 is in effect

“As part of the City’s effort to reduce plastic litter, beautify our community, protect native fauna, and lessen the economic impact of litter abatement, the sale, use and distribution of single-use plastic straws and stirrers in the City of West Palm Beach is prohibited. Do your part to help – kindly remind businesses that these items are not allowed in our city. Violations are considered Class 111 and may incur $125 fine per occurence .{SIC} Our goal is not to collect fines, but to keep plastic out of the environment. For more info or to report a violation, please email Sustainability@wpb,org. Visit wpb.org/plasticfree to find a guide to the ordinance along with recommended and allowed alternatives.”

The city wants you to report violators. When I read that my mind went straight to a city employee named Jason McCarty, a city employee who was deputy chief of information technology and was fired in 2021 for smoking marijuana — even though he been authorized by his doctor to use it legally for medical reasons.

McCarty, a 50-year-old father of two was tested last month after two employees from the city’s risk management department thought he acted suspiciously as he walked past them during lunch, claimed to smell pot near his car and reported him.

McCarty denies smoking pot at work. He had held his job for five years and had a spotless record, but the city has a strict policy against marijuana use, even when used legally and outside working hours.

In 2019, the city revised page 13 of its 15-page employee drug-use policy to read, “The use of marijuana by city employees, including medical marijuana, with or without a prescription, is prohibited.” A prescription is not accepted as a valid explanation for an employee’s positive drug test result.
The policy also says any employee who reasonably suspects a co-worker of illegal drug use and doesn’t report it can be fired.

So the city wants me to report if McDonald or Wendy’s uses plastic straws when I order a soda, city employees who don’t report a co-workers can be fired. Wasn’t that a one time requirement in Nazi Germany?

Of course it’s about the $125 fine, along with doubling parking fees, raising fees for outside dining.

If you believe City employees, and I do, they are working under hostile working conditions and many employees endure the offensive conduct as it becomes a condition of keeping their job. People have difficulty trusting each other and work in an environment that a reasonable person would consider intimidating, hostile or abusive.

If the city wants to keep plastic straws and bottles out of the environment go to Tallahassee and ask that plastic bottles in Fla, have a return policy. Simply done?
Buy a case of water with 24 bottles, and pay a one time deposit of $.05. 24X5 = $1.20. Return the bottle to the store and receive $1.20 in return.

You will not find anyone walking down the street or along the ocean tossing nickles around, especially in these times when administration is raising fees. Next will be a cover charge to attend City Commission Meetings.
Halloween coming, please remind children NOT to eat their treats until parents inspect the candy. Bad people out there. Keep kids safe. Read channel 5 story below
https://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/west-palm-beach-fires-employee-over-legal-medical-marijuana-use

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WPB Loses Two More Valuable Employees!

More fallout from the Sunset Lounge, this time the City has lost two valuable employees,WPB Procurement Official Paul Bassar, and Kathleen Walter, Communication Director.

Keith James was sworn in as Mayor in 2019 and Frank Hayden was the City Procurement Officer for many years until he was re-assigned to the Office of Economic Opportunity.

James & Johnson then hired Nathaniel Rubel and shortly after Paul Bassar. In three years the City has had three Procurement Officers, now looking for a forth. An employee who wishes to remain anonymous mentioned “they were pushing Paul to do something with those bids he didn’t want to do so he just resigned and from what I understand went back to work for the Federal Government.”

Who is Paul Bassar.? Obviously a man of integrity.

Education:
University of South Carolina Bachelor’s degree: Interdisciplinary Study.

Strayer University: Master’s Degree: Public Administration.

“Paul Bassar As a Senior Procurement Analyst my primary responsibility is to provide customer service in the area of contract administration (both pre-award and post-award) and day-to-day guidance, both written and oral, to a wide variety of senior leaders, managers, team leaders, and users throughout Consular Affairs.”

Aug. 3, 2022 A letter sent to Mr. Ben Bush, Co- Owner of Mad Room Hospitality, LLC from WPB Procurement Official Paul Bassar.

“It has been brought to my attention that Mad Room Hospitality, LLC, violated the terms and conditions of the RFP and the City Code of Ordinances by contact with the Mayor and a City Commissioner.”

The Mayor being Keith James, and Commissioner Peduzzi.

The story was written by Terry Parker, Investigative Reporter for channel 25 (WPBF) after Vita attorney Malcolm Cunningham obtained emails from Mad Room to James and Peduzzi, thanking them for their support; which Cunningham pointed out was also a violation of the city code prohibiting any contact until the contract was executed. Parker’s story can be read below, and if you are interested in reading the the emails between the parties which WPBF has included please click on the link “Read the letter here:”

https://www.wpbf.com/article/second-firm-sunset-lounge-bid-disqualified-lobbying-west-palm-beach-mayor/40863190#

 

Who is Kathleen Walter? In my opinion a woman who has been there, done that, and can’t do it and longer.

Kathleen Walter hired by Mayor Jeri Muoio in Dec. 2016 as the Cities Communication Director.

Below is an excerpt from the PB Post, and the entire story can be read below.

“West Palm Beach has named WPEC Channel 12 reporter Kathleen Walter as the city’s new communications director.

Walter, a Smith College graduate, also worked for WPTV, WPBF and News Max, and served as public relations director for Hospice of Palm Beach County and communications director for the Dori Saves Lives Foundation.

She earned a bachelor’s in English from Smith College, and graduated magna cum laude from Florida Atlantic University with a master’s in political science.

Walter’s bio on the WPEC website lists her as an investigative reporter, anchor and political analyst who has interviewed heads of state, including Presidents Bill Clinton and George H.W. Bush, as well as legislators and presidential candidates Hillary Clinton and Mitt Romney.”

https://www.palmbeachpost.com/story/news/2016/12/25/mayor-picks-tv-reporter-kathleen/6985542007/

I sincerely wish Mr. Bassar and Ms.Walter the best life has to offer in moving forward with their lives.

The end

Sunset Lounge Open House

The event was held on Saturday 10-8-2022 @ 11:00 AM and there were to be 2 showings.

A presentation by Dr. Alisha Winn on “Historical background” and she spoke on the “Styx” when people of color lived on the island of Palm Beach and what became of them. A story on the Styx can be found at the end of the story and draw your own conclusions as to which version is believable those of African Americans or the Palm Beach Historical Society’s version.

Looking around an elderly gentleman caught my attention by the name of Arthur L. Freemon, who walked with the aid of a walker, and he was on the dance floor swaying with music only he could hear and a serene smile on his lips. I made it a point to introduce myself and we spoke for a while. I asked if he attended the Lounge when it was opened and he shared a story with me and gave permission for me to share with readers. His story.
Mr. Freemon was in the service and on some type of training mission when the day was over some of his friends were planning a trip to the Sunset Lounge to unwind and invited him to go. He declined saying he was tired and just wanted to go home. His friends insisted, and he again declined the invitation and went home.
He was home for a short time when a knock on his door found his friends outside asking him to join them saying don’t make us come in and take you out by force. He relented and joined them for a trip to the Lounge. My next question was “did you have a good time?” He responded “it was the best night of my life, I met my future wife that night, and we danced the night away, and that was 47 years ago.” The Sunset lounge held good memories for Mr. Freemon and he was excited it was about to be reopened.

The picture above shows the 2nd. floor where diners ate while watching the dancers below them and the space under the 2 centered windows is where the band set up.

Happy residents at the Open House checking out the dance floor. Double click pictures to enlarge.

 

Jade Jarvis, Anchor/Reporter for Channel 25 (WPBF) has written a story concerning the City’s Open House for the Sunset Lounge and reads in part:
Saturday, community members in West Palm Beach got their first look at the renovations inside the historic Sunset Lounge since they started back in 2019.

The project is several years in the making and officials said there’s still a ways to go before it can open its doors officially.

“It’s been a long time in the making, but this is a location that wasn’t just a music venue. And it wasn’t just a lounge. It was really a place that meant so much to the community and was a place that gave people a sense of purpose and place,” Christy Fox, a West Palm Beach city commissioner, said.

The entire story is below and when you open the link you will find 2 more links and I encourage readers to take the time to read Previous Coverage on “Judge orders West Palm Beach Mayor Keith James to give deposition in Sunset Lounge lawsuit” and “Vita Lounge LLC files lawsuit against West Palm Beach for disqualifying it from running historic Sunset Lounge”
https://www.wpbf.com/article/community-members-invited-inside-sunset-lounge-for-sneak-peek/41565457

Below is a story on the Styx and includes quotes from former City Commissioner Richard Ryles, Everee Jimerson Clarke and Derrick McCray. Clark and McCray are decedents from folks who lived in the Styx.
https://cbs12.com/news/local/the-folklore-surrounding-the-styx-of-palm-beach

“Officials said construction project fees estimate to be $16 million.”

As hard as I tried I couldn’t see where 16 Million was spent and it’s reassuring to me that  the City’s Internal Auditor is continuing to audit the project.

The Sunset Lounge is extremely important to the African American community and the City needs to step up and do the right thing by finishing the project so older residents can stroll down memory lane as they did Saturday and the young  can began making their memories.
The end

Coffee With A Cop 10/5/2022

The event was held at the new Salento Coffee Shop (formerly Dunkin Donuts) in the City Hall Courtyard. I noticed colorful chairs and tables outside and hope they are there to stay.

City Commissioners made an appearance along side the Police Officers and talked to residents who voiced concerns, and thanked them for their service. They were there to listen and listen they did. The event was a success with approximately 100 residents coming and going.

 

The highlight for me was meeting an old friend “Moose”

Moose, a Bloodhound, was donated to the WPB Police Dept. when he was 3 months old and I remember thinking at the time will he ever grow into his large ears, nose and feet? He did! Moose and his “mom” Officer Jen Hardiman entertained many visitors who wanted to pat him and ask questions. Moose goes home every evening with Jen and helps locate kids and senior citizens who wander away from home, and there have been success stories. Moose got thirsty and bent down to get a drink of water when I noticed his ears floating in the water and started laughing when Mom Jen pulled out a towel and started wiping his ears and face. They make great partners and Jen keeps in shape walking him. Moose showed me his best side (profile) and my apologies for chopping off Jen’s head. I should not be allowed to use a camera—–ever. Double click to enlarge pictures.

I met some nice residents and one woman by the name of Shannon Hunihan was introduced to me and she is the Chief Marketing Officer for Mint ECO Car Wash and the company washes the Police Cars for free. No charge, obviously a supporter of our first responders. We had a conversation and she told me the great deal offered to all with a dirty car. I will take advantage of a good deal and will share with readers they have 3 locations listed below along with monthly deals.

Southern Blvd & Dixie HWY   316 Southern Boulevard, West Palm Beach, FL.
Okeechobee & FL-Turnpike West     1950 Golden Lakes Blvd, West Palm Beach,
Indiantown & I-95     220 Maplewood Drive, Jupiter, FL.

I included their website for convenience and there are great values to be had, such as:
Shine Package Plus $35.00/month   unlimited trips to the car wash.
Shine Package $30.00/month           unlimited trips to the car wash.
Clean $20.00/month                           unlimited trips to the car wash.
If you bring your car in 10 times a month, they will wash it, no additional charge.
https://www.mintecocarwash.com/

Speaking of cars, my only disappointment with the event was being able to park on Clematis street near the event. The City has removed many metered and handicapped parking spaces and what is left is hard to come by. There was a Police car and a WPB city van parked in metered spaces along with undercover police cars. I complained so lets see what happens.

 

 

 

 

 

If you have been following the stories on the Sunset Lounge the City is having an open house.

Historic Northwest Community Meeting & Sunset Lounge Open House

Historic Northwest Community Meeting & Sunset Lounge Open House
Date: 10/08/2022   11:00 AM – 3:00 PM
Location: Sunset Lounge
609 8th Street West Palm Beach, Florida 33401

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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.

https://www.wptv.com/news/local-news/investigations/ballooning-costs-inability-to-find-operator-hamper-west-palm-beachs-efforts-to-revive-historic-sunset-lounge#:~:text=Ballooning%20costs%2C%20inability%20to%20find%20operator%20hamper%20West,for%20the%20publicly-funded%20renovation%20now%20tops%20%2416.4%20million

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.”

CRA Audit 6-22-2020

“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

https://www.wptv.com/news/region-c-palm-beach-county/west-palm-beach/inspector-generals-report-slams-west-palm-beach-elliott-cohen-and-private-contractor

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.

 

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