Meeting went into Recess
Meeting Reconvened
Tammy Good, Project Manager, presented the item and provided a brief presentation to include an aerial view of the site located at 2699 North Federal Highway. She displayed some existing photographs of the current site. She then showed the proposed site plan, which includes 48 parking spaces with a porch for drop off during inclement weather. The building will be LEED certified and the site size is 1.07 acres. There is a proposed floor plan, with a lobby, reception desk, offices, and conference room. The assembly space will hold 250 people theater style and 120 banquet style with a fixed platform stage and then back of house amenities.
Ms. Good stated that they did a competitive bid solicitation and the project was advertised for 30 days. Six bids were received and staff is recommending the lowest bidder to Shiff Construction & Development Inc., who is a local Pompano Beach contractor, so their bid base plus the $500,000 city contingency brings the contract amount of approximately $4.5 million. The project duration is established by the contractor of 420 days to substantial completion. Finally, she displayed a proposed rendering - a bird’s eye view of the project.
Ron Boehl, Cresthaven, Pompano Beach, FL, indicated that the money was in place to build this building. Subsequently, they lost the first proposed location to the Race Trac service station. Nevertheless, he stated that the Civic Association has been requesting a place to meet for many years, so the residents need this center, which was promised over a long period of time. He said Vice Mayor Burrie has worked hard to get this center built, as well as some of the residents and members of the Civic Association. Therefore, he urged the City Commission to approve the item.
Rhonda Eaton, 3400 Northeast 13th Terrace, Pompano Beach, FL, concurred with the previous speaker that this has been something Vice Mayor Burrie has been working on ever since she got into office, which is over ten years. She urged the City Commission to approve the item and provided her reasons. She said Cresthaven does not have a civic center; however, the Highlands have a nice one. Also, there is the McNair Civic Center and gymnasium, there is the Pat Larkins Center, the Skolnick Center, and there are a number of communities that have a center. She said the proposed center will benefit the entire city. Furthermore, the Emma Lou Olson Center is overcrowded and so they need more space for Cresthaven residents and all of district 2. Therefore, she urged the City Commission to vote yes for the item.
Michelle Carrion, 2980 NE 12th Terrace, Pompano Beach, FL, spoke in support of the Civic Center, and mentioned that the plans have been in the making for many years. She said she has been involved with many different sport activities over the years and had to go to the Emma Lou Olson Center for these activities. In fact, when they could not use that center because it was full, and Kester Park could not accommodate them, they would end up doing their cheerleading practices in one of the coaches’ yard in Cresthaven. She said there is a need to have more civic centers throughout the City, the summer programs need to be expanded throughout the city instead of just at certain civic centers to make it easier for people to access. The Civic Association needs a place to meet that is close and free to hold their meetings. She said sometimes they have to meet in a bar, which is not ideal for a lot of the residents of the area. Therefore, she urged the City Commission to approve the item.
Carrie Pereira, Project Coordinator, Di Pompeo Construction Corp., 2301 NW 33rd Court, Pompano Beach, FL, stated that she attended the pre-bid meeting where city staff urged and highly recommended the use of local small business enterprises (SBE) contractors. They mentioned that the Commission monitors the uses of the SBE. In fact, she said staff had indicated that if at the end of the bid tabulation a local contractor was a little higher than a non-local or if the other bidders used a higher percentage, the Commission would look to hire the local contractor as more percent and use of the SBE. She said they were just a little higher than that, however, they used the higher local participation and the higher SBE goal than Shiff Construction. They used local SBE subcontractors as highly urged, encouraged and stressed; therefore, this made their pricing a little bit higher than the others, had they used their typical subcontractors. Therefore, based upon what was stated at the pre-bid, Ms. Pereira felt the Di Pompeo Construction should be awarded the bid. She also provided documents to the City Commission for their information.
John Di Pompeo, Jr., provided a number of examples of their qualifications which was stated in the handout he provided to the City Commission. He said there seems to be a continuity for his organization to come in as second lowest. He said the spreadsheet indicates that Shiff Construction has submitted to complete 85 days longer and approximately 93 months longer than any of all the other contractors proposed. In addition, he said they provided 26% for local participation, which is above the 15% the City requested. Also, for SBE minority, Shiff gave 11% but they gave 19%.
Finally, Mr. Di Pompeo said they have been around and operating in Pompano Beach since 1972, but over the years he has become disenchanted with bidding for jobs in the City since he seems to come in second most of the time. Therefore, he urged the City Commission to take another look at their bid even though they came in just under $9,000 different from the recommended lowest bidder.
Mayor Fisher asked if the city’s local preference ordinance was in place when the job was bid.
Otis Thomas, General Services Director, responded that it was not yet in place. He explained this happened approximately one month ago prior to the ordinance being adopted.
Tom Bogdan, 1482 NE 30th Street, Pompano Beach, FL, stated that he has been residing in Cresthaven since 1996, and stated that the area needs a community center. Thereafter, he provided several reasons how the residents, to include children, in the neighborhood would benefit from having such a center. He urged the City Commission to vote yes for this project.
Corey Thompson, 2160 NW 4th Street, Pompano Beach, FL, stated that he is pleased to see a project like this being done for Vice Mayor Burrie for all the services she has provided over the years to the City, as well as it is a way of thanking her for all that she has done. Therefore, he would love to see the project get approved and move forward.
Vice Mayor Burrie appreciated the kind words from Mr. Thompson, but said she fought for the community center to be in the area but it was the residents who offered to name it after her. The center is needed and was promised even before she got on the Commission. The fire station had taken away the small center and promised that they would get the residents another community center, which has never happened. In sum, after waiting many years, it is time not only for the residents in Cresthaven but those in the Highlands and everybody in the City and District 2 on the northern end of the City, to have a place where the children can go, and the elderly can have programs.
Justin Shiff, 2725 NE 23 Court, Pompano Beach, FL, stated that he has an office in Fort Lauderdale and a satellite office in Pompano Beach. He provided background information on his activities in the City of Pompano Beach and confirmed that he has been residing in the City for the past six years. He explained that he has also lost bids to Mr. Pompeo and can appreciate his disappointment of not being awarded this project. He said the project site is just across the street from where he resides and he would be proud to build this facility in Ms. Burrie’s name. In addition, Mr. Shiff clarified the days he projected to complete the job which include pre-construction services. He said if 60 days is taken off that timeframe he could complete the project in less time. Furthermore, he said he has one of the highest participation rate with small businesses, in Broward County and he is committed to the project and local participation. Finally, Mr. Shiff stated he uses local businesses and Pompano Beach residents first in his jobs.
Vicente Thrower, 1890 NW 6th Avenue, Pompano Beach, FL, stated he is pleased to see the City looking at utilizing the local preference. Mr. Thrower can attest to what Mr. Shiff has done with Ms. Ely’s house and there is a proven track record. He is pleased to see the center getting off the ground and congratulated Vice Mayor Burrie on this effort.
Comr. Hardin stated this project is long overdue, and as Vice Mayor Burrie mentioned earlier it is not about the name going on the building it is about the facility for the residents. He provided a brief background information about the area prior to them being annexed into the city. He said certain commitments were made to those residents in the northern end of the city and is pleased to see this project moving forward.
Comr. Moss echoed Comr. Hardin’s comments, and stated that Vice Mayor Burrie and her community deserve the center and it has been promised for a very long time. If the center is half as successful as the Skolnick Center has been it would be a plus for the community. He supports this effort and he believes they chose a very nice name for it.
Comr. Sobel provided some opposing thoughts. He said the City is doing a lot of wonderful things and notwithstanding the good things, there are some things that could be done much better. He said there are a number of things around this particular project that disturbs him, including the cost of $6 million for the project that includes the land purchase with a 44 parking space capacity is not in the best interest of the residents as a whole. He said this is an example of how not to operate a business or a municipality in general. Comr. Sobel indicated the following problems he has with the project:
Ø This was conceived more than 15 years ago and the purpose and needs were not documented.
Ø This is the first time this is coming before the current commission for any action. This is now requesting approval of approximately $6 million for this project, and a $4.5 million price tag.
Ø The project was on the unfunded G.O. Bond list in 2017 for about $5.6 million.
Ø It is unknown who approved the design and the specs for the project.
Comr. Sobel stated that without discussion from the Commission and without full disclosure, without total residents’ input other than a handful of campaign supporters, without a clear study of the necessity and the purpose, it suddenly got removed from last year’s G.O Bond list and totally fully funded. In part, it was funded from moneys that was already allocated and approved through other city capital projects for approximately $1,348,000. However, somewhere during the last year, “somebody decided behind closed doors, in the dark of night let’s make a decision to unfund those projects and take millions of dollars out of other funds, the general fund, the parks acquisition fund, the capital projects works fund and to fully fund this $4.5 million price tag.” He opined it is max favoritism, inequity, and has a lack of any strategic planning. He said times have changed from more than fifteen years ago. There is no information in the backup on the 34 bids that took place. For the abovementioned reasons Comr. Sobel stated he is opposing the project based on the project itself.
Additionally, Comr. Sobel commented on the naming of the center. He said he admires, appreciates and enjoys working with Vice Mayor Burrie, as well as appreciate her years of service with the City, but wrong is wrong. He said to criticize this project based upon the fact that it is named in her honor makes it sounds like he is criticizing the Vice Mayor and nothing could be further from the truth. He believes no sitting public official should ever be allowed to have a building named after them, especially while they are sitting in office and while they are running for a higher office. He thought it was against the law in Florida, in most cities it is to name a public building after some that is still alive. He said the number one reasons out of the top ten reasons not to do something with regard to naming a public building or university is to name the building after somebody who is still living. In fact, currently there is a proposed Florida constitution amendment, proposed to go on the ballot in November 2018. There will be a new section of article 10 of the state constitution to prohibit the naming of public buildings, programs or other facilities after municipal, county or state elected officials unless certain requirements are met. Under the state’s constitutional proposal, if passed, those criteria are that the individuals are either no longer alive or not until they have left public office. It is extraordinary to think about the fact that the naming of the building while the Vice Mayor is still in office and running for higher office, and whatever position she would run for office, the City Attorney would have to file a $4.5 million in-kind political contribution on behalf of the City of Pompano Beach in order to comply with the Florida Election Laws. Comr. Sobel concluded he cannot support the project for the reasons he mentioned earlier.
Vice Mayor Burrie clarified that when she was elected into office the first thing the residents in her community requested was a community center, which she placed it on a wish list, when the former City Manager William Hargett was in place. She said money was available then to fund the center, however, where the money went is unknown to her. A preliminary design was requested at the time, which is done with everything even before it appears before the City Commission. Nevertheless, a piece of property was identified finally, and activity has gone from there. So, the design was approved.
Additionally, Vice Mayor Burrie stated that as far as the naming of the building after her and her seeking higher office, qualifying for Mayor is not until the first week in June. It is true she has opened a campaign account but so has Mr. Sobel and Mr. Hardin. Secondly, the E. Pat Larkins and the Herb Skolnick Centers were named while they were alive and in office, therefore, the city has a history of doing that.
Finally, Vice Mayor Burrie said whether the legislature passes the question or not in November 2018, it is a proactive law not a retroactive law so it cannot be changed. Notwithstanding the naming of the center, the people in Cresthaven deserve a community center after waiting over seventeen years for it.
Comr. Perkins agrees that the Center is long overdue and has been discussed for over fifteen to twenty years. District 2 is long overdue for the center and she supports it. However, she wanted it noted that all the districts are not treated fairly all the time. But this is one district that deserves this particular center, so she will support it.
Mayor Fisher stated he had the privilege to sit on the Commission for approximately seventeen years. He commented on both Cresthaven and the Highlands together as the northern end of the City that desperately needs a center. This is an exciting moment for the City to be able to move this forward. Construction issues and the bids concern him. He is sorry Mr. Di Pompeo lost out on the bid, as he has worked very hard in the City. Nevertheless, the bid specs must be done and while $9,000 is not a lot of money, the process was done.
Additionally, Mayor Fisher mentioned that to use words like “behind closed doors” and “favoritism,” and “those decisions were made and deals were made behind closed doors,” he must emphatically say that is just outrageous for someone on the dais to actually say that about this or past Commissions. He said everybody is campaigning and it seems like everybody is jockeying for campaigning and is using this as a “bully pulpit” to do so. To make statements like that is disingenuous to the residents.
Comr. Hardin stated that numerous times statements are made about funding of various products, and questions come up about where the funding is coming from, where that funding go, what happened here, and how do you find the money. However, he said there is a process that works in government. Staff is tasked with certain responsibilities, which is their job. If they can collect funds together, which they have done and have been tasked to do. The Commission has ruled they want to move the project forward, and is voting on the funding at this meeting. Comr. Hardin said there is “no hocus pocus here” because staff found the funding in various accounts. It is not stealing, or misappropriation and it does not happen until the Commission approves it. He said, some commissioners may not be happy with the fact they could not control every aspect of something that goes on in the city. However, it is completely above board and staff is doing what they are tasked to do. He thanked staff for finding the funding and bringing it before the City Commission to vote on it and to allocate it. He said the City Commission allocate funding, and outside of a certain threshold, which the city manager has signing ability, all funding is approved by the City Commission. Funds are accumulated in other accounts and brought together for this purpose.
Comr. Sobel recalls the attorney from Holman Ford about two months ago telling him that the City would eventually be buying the property that would attach to the rear of the Charlotte Burrie Civic Center project. This will be another added and unknown cost to the residents in the nearly $6 million project if it happens in the future. In fact, on February 13, 2018 Comr. Hardin motioned, advocated and voted for a related zoning variance, not understanding that it was wrong to be working for money for the zoning applicant at the same time, but to his credit he filed a conflict of interest form and did not vote at the second reading, on February 23, 2018. He said that pertains to more of the circumstances surrounding how this building is moving forward and whether or not it is being done in a way that is in the total best interest of the residents as a whole.