Oops again ?
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to: Ted,Noftall
I just reread the Halifax Paving documents the Mayor referred to at the 15-minute “mini-meeting” on June 30th. WOW! That’s a lot of missing dirt–about 7,000 trucks worth at 20 yards a truck.
What’s even more interesting is that the new agreement with Halifax reads more like a Restitution Agreement than any Amendment to a Contract that I have ever read. Restitution implies wrongdoing and Halifax certainly admits that it has been derelict in paying the City what it is owed (over $488,000 at the end of 2013 and climbing still). The fact that they owe us a half million dollars means they either:
1) took our dirt with our permission (borrowed it) and fell behind on the payments, or
2) took our dirt without our permission (stole it) and got caught.
I’m not sure which is worse. If the City knowingly or unknowingly let the contractor get that far behind in their obligations it indicates, at best, gross mismanagement or extreme incompetence. If the City unknowingly let the contractor walk off with 7,000 loads of dirt it indicates, at best, gross mismanagement or extreme incompetence. It’s hard to imagine that much dirt being moved over that long a time (since before 2005) without someone at the City giving their permission or at least a wink and a nod.
The question is who, and when, and why. Of course, if we ask these questions we will be accused of being “negative” and focusing on problems rather than solutions. Oh well. Before any solution can be found we need to define the problem and if the pursuit of reality produces negative results then that is just the way it is. Reminds me of President Harry “Give ‘em hell Harry” Truman. He said he never gave anyone hell, he just told them the truth and it felt like hell.
Problem is, when you make people uncomfortable, they strike back. It’ll be interesting to see if this snafu can somehow be blamed on activists meddling where they don’t belong. Watch out.
Mike Gardner
618 Ruth St
Port Orange, FL 32127
386-527-1959
manddgardner@cfl.rr.com
I am hesitant to say anything about this reclaimed lake dirt deal. The details as I was told was on a need to know basis and I didn’t need to know. What I was told by the utilities director at that time was it was a deal cooked up by the good old boys Who’s names I won’t mention but I’m sure you know who I’m talking about. First of all was the excavation of the lake even bid out? Was it approved by council? Where is the original contract/agreement with the scope of work and where was the dirt supposed to go and for what use? Maybe an FOI request would be in order. I was told the company that was doing the excavation was going to dig out lake A for a certain amount of dirt in in lieu of dollars. They dug out about maybe 2/3rds of the lake took most of the dirt and left with the lake unfinished. Was there a performance bond? I was assigned to keep an eye on things. When they built the berm they were supposed to root rake the large organic materials out of the dirt that was used to build the berms so that over time as it decayed it would not leave voids causing weakness in the berm. I took pictures of logs and roots that had been pushed into the berm and showed them to my boss. He went to his boss and told him. After word got out that I was watching things too closely I was called in to city hall and told that I was a trouble maker and to keep my mouth shut.
R, Woodman—Thanks for the information.
I think you are right, that FOI requests will be the only way to get any facts on the matter. In a May 3, 2005 Change Order, referenced in the current City documents, Halifax Paving agreed to build a second, 100-acre lake with berms, outfalls, and road repair in exchange for fill dirt. Quentin L Hampton found the exchange to be fair and reasonable and in keeping with the existing contract for the first lake, therefore no bid process required. I wonder if QLH also inspected the “dirty” berm you saw and reported to your boss? I do not believe there was a performance bond since that is the focus of the meeting today at 1:30.
Since it is not otherwise stated, I assume Halifax is still responsible for delivering a completed lake by Dec 31, 2014. Seems like that might be overly optimistic given the past rate of progress.
I guess what bothers me most is that the City’s interests have taken a back seat to the interests of Halifax for a long time and that state of affairs is continuing today. For nine years they have been hauling dirt off City property and presumably selling it at other sites. Now we are told they are hauling dirt off City property and selling it at Trader Joe’s site and will be allowed to do so until no more dirt is needed there. Only then will they go back to work for the City. I wonder if maybe P & S Paving or D & W Paving would like the same deal next time they bid a job?
Everyone knows that Halifax Paving is a long-standing, family-controlled construction business in this area and, as such, would naturally have long-standing business associations with other local construction companies. (How’s that for dancing around the issue.) Those associations might even benefit the City if properly managed but that does not appear to be the case here.
Mike Gardner
618 Ruth St
Port Orange, FL 32127
386-527-1959
manddgardner@cfl.rr.com
A different company dug the first lake. That was bid out. Can a change order be done from one company that completed their contract to another company under different terms? It looks like two different/separate projects.
R. Woodman–
Thanks again for the info. I reread the 2005 agreement with Halifax and it never says they had anything to do with the first lake construction, only that they had a contract to haul fill dirt! Will have to FOI the contract for the first lake construction. So how did they get the contract to build the second lake? Good question. Far as I can tell, it was not bid.
Does anyone know the status of the second lake? Finished? Abandoned? (Jason Yarborough offered to give me a tour once but I think that window of opportunity has shut.)
This whole deal smells worse now than it did initially.
Mike Gardner
618 Ruth St
Port Orange, FL 32127
386-527-1959
manddgardner@cfl.rr.com
How do we know that it was only 7,000 truck loads that were absconded. Maybe it was 10,000 or more truck loads. .Remember some on city staff cant count too good.
The person counting the truck loads was an employee of the company that was hauling the dirt.
R. Woodman–
That smell I mentioned above is getting worse.
Mike Gardner
618 Ruth St
Port Orange, FL 32127
386-527-1959
manddgardner@cfl.rr.com
The bond for this dirt deal is available on the city website. It appears incomplete missing signatures, dates, seals etc. Is there claim that this is a valid document or is it proposed to occur? Any experts that could clarify that would be appreciated.
Thank You
Incoming2–
The Mayor, one Councilman, the President of Halifax Paving, a City Engineer and three members of the public attended the Special Meeting between the City Manager and the City Attorney held Thursday at 1:30. The bond you saw on the website was discussed at the meeting as was a revised Amendment to the Agreement with Halifax. A couple minor problems were found and it was decided to table any finalization of the bond and agreement until the City Council meeting July 17th. No citizen comments were taken and citizen questions were only allowed with respect to the motion to table.
A good time was had by all.
Mike Gardner
618 Ruth St
Port Orange, FL 32127
386-527-1959
manddgardner@cfl.rr.com
Mike thanks for the update on the bond meeting. Seems like the cart is ahead of the horse. I would think the bond would be secured prior to commencement of work. Thank you again for the update.