Secret Understanding with the HIDDEN HAND in Port Orange Government.


Ted Noftall
9:12 PM (11 hours ago)

to Greg, Margaret, Robin, Bob, Dennis, don, Drew, Mayor

I am unable to determine from your answer if you  followed  poor advice regarding those ‘procedural mis-steps’,     OR   if you received good advice and rejected it.
Accordingly I would ask 2 further questions.

  •   Exactly what  advice was given by the City Attorney and by Mr. Flagg regarding the  methodology  followed in the RFQ    prior to its release.
  •   Exactly which design  were you attempting to get  ‘signed and sealed after the fact,’    AND  WHY  would the City as owner of the YMCA building be relying on designs prepared  by  other than a licensed  design professional  able to  sign and seal his or her own designs in the State of Florida  ??

Offering to accept responsibility for these  ‘procedural mis-steps’  is neither a noble gesture, nor  is it  what taxpayers need.   What is needed is a comprehensive  understanding  as to  why the missteps took place in the first place.   It is one thing if  the answer is that  City Attorney’s  and Mr. Flagg’s   understanding of State Statute was horribly wrong in this instance.
It is another thing altogether however if  their judgment was overruled by the Mayor or former Manager in their enthusiasm to cram and jam what they believe is best for City taxpayers,  AS THEY DID  with the $ million dollars  that was wasted on operating the Gamble property several years ago because they knew what was best for the rest of us in that instance also.
The speed with which this half baked  proposal has advanced,  and the lack of deliberative attention to detail,  in both the questionable RFQ design and the equally questionable pro-forma financials,  betrays  a secret understanding reached by the Volusia Flagler YMCA and a  hidden hand —  that this proposal was going to go through on the nod.
I hope you will enthusiastically provide the disclosures necessary  to allow all of us to understand where exactly those  ‘mis-steps’ occurred.
Ted Noftall

—–Original Message—–
From: Kisela, Greg []
Sent: Tuesday, October 29, 2013 8:01 AM
To: Ted Noftall; City Council
Cc: DeptHeads; ‘Teresa Rogers’;; Cinefro, Tom; Flagg, Frank; Barnes, Chris; Fenwick, Robin
Subject: RE: Plans Stamping By Any Other Name l
The YMCA in 2012 prepared a schematic design and cost estimate to expand the Port Orange facility.  Those renderings and documents were shared with the elected officials in late 2012 and early 2013 to start the conversation on modifying their lease.  In July, the City Council referred the financial review of the YMCA to the Audit and Finance Board for their recommendation. They also authorized the release of the design build request for proposal (RFP).  I tasked Public Works, specifically Frank Flagg, to finalize the design package.  Mr. Flagg as a licensed general contractor has responded to many RFP’s and solicitations for design build as well as traditional bids for projects.  Mr. Flagg worked with City and YMCA staff to prepare the package.  Included in the package was the schematic design prepared earlier by the YMCA and other components necessary for the proposers on the RFP to submit for this project.  After the RFP was released the City Attorney advised me that the competitive consultant negotiation act required the RFP package to be signed and sealed by a licensed architect.  We retained an architect to accomplish that requirement.   Subsequently we were challenged that the packaged needed to be signed and sealed before the release of the RFP and determined if was in everyone’s interest to cancel the RFP.    I accept responsibility for these procedural missteps.
If the City proceeds with an expansion or renovation of the Port Orange facility we will be in privity with a properly licensed design professional and builder. The design build team selected will prepare the necessary design documents for permitting and construction. They will be held legally accountable for meeting the codes and requirements to build or renovate  the facility.   Although the RFP package maybe the starting point for the plans and specifications the final documents will contain detailed design calculations necessary to permit and accomplish the project.
Greg Kisela
City Manager

2 thoughts on “Secret Understanding with the HIDDEN HAND in Port Orange Government.

  • October 30, 2013 at 9:24 am

    Let me try again to explain the process that we used to prepare and release the RFP.
    Frank Flagg did exactly what I asked him to do. He took the schematic design prepared by a licensed architect retained by the YMCA coupled that with other program needs at the YMCA and prepared the RFP package for release.
    After the RFP was released, the City Attorney advised me that pursuant to state law the RFP package was required to be signed and sealed by a licensed architect. We believed we could cure that defect by retaining a licensed architect to review the package and if correct, sign and seal the package. That was accomplished and an addendum was issued with the signed and sealed package.
    We then received an objection that stated the package had to be signed and sealed prior to the release of the RFP. The City Attorney reviewed that objection and found that we did have some exposure if we proceeded. Subsequently I terminated the RFP to avoid any further delays and complications.
    My mistake was I assumed that the City Attorney had reviewed the package prior to its release and she had not done that.
    I am not aware of a “hidden hand” or any influence by the Mayor and/or former Manager.
    Greg Kisela
    City Manager

  • October 31, 2013 at 8:45 am

    Thank you Greg,
    Who prepared the original schematic design for the YMCA and why wasn’t that design signed and sealed at that time ?.
    Did the Architect retained by the YMCA subsequently sign and seal his original design, and the rest of the RFP in an attempt to bring it into compliance, OR was a different Architect retained for that purpose and if so why, and who was that Architect ??.
    I am having a hard time understanding why legal would not have reviewed the YMCA RFP prior to its release, and would ask what do you mean “you assumed that the City Attorney had reviewed the package prior to its release and she had not done that “
    Was she tasked by anyone to your knowledge with conducting such a review ?
    Should she have known on her own to review any RFQ with an estimated budget of $ 1.3 million ??
    Are you meaning to suggest she was somehow negligent in failing to conduct a legal review of this RFP ???
    Ted Noftall


Leave a Reply

Your email address will not be published.