CAN YOU HANDLE THE TRUTH?

truth3.
Good Evening Mr. Harden
Cc to city council
Sent 11 24 14
Subject Berm Issue near Dunlawton Ave.
 
Mr. Harden perhaps you can correct me where I am wrong.  The information that I have, which may be in error, prompts me to believe that something unethical has gone on in the change order about the Berm and perhaps illegal. I do not ask you to answer those suspicions of mine but ask you the following:

  1. Is it true that Mayor Green, the City Attorney and City Manager Kisela knew about the Grubs demanding to stop building an intended complete berm because the Grubs owned the property?
  2. Is it not true that none of the three mentioned above notified the city council of such a problem in fulfilling the original contract for the full berm?
  3. Is it not true that according to the city attorney there was a deadline for closing the project and this deadline was due to the request to be sent into the St. Johns River Authority to approve the project?
  4. Is it not true that the St. John’s River authority, in addition to the Port Orange City Council was never advised that the original plans to build a larger berm was reduced to a smaller berm?
  5. Are there specific figures in the records or contract as to how much the construction company would receive for building the larger berm?
  6. Was the money reduced in the contract for not building the original bigger berm a fair amount in comparison to building the larger berm?

 
I thank you for helping us through another yet transitional period of city managers.  I have found you forthright and honest in answering questions as they have arisen . Although I wish you would remain as a permanent city manager, I can fully appreciate why you might not want to remain as a city manager for Port Orange.  My best to you in whatever your plans are for the future. We needed you here in Port Orange maybe 10 or 15 years ago, but I for one am glad you are here now, while some of us are still finding out about a lack of transparency and perhaps honesty.
Sincerely – thank you, hank springer
From Hank Springer
386 852 3178
poimages@outlook.com
www.popdradiolog.com



David Harden response to Hank in italics
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Mr. Harden perhaps you can correct me where I am wrong. The information that I have, which may be in error, prompts me to believe that something unethical has gone on in the change order about the Berm and perhaps illegal. I do not ask you to answer those suspicions of mine but ask you the following:
1. Is it true that Mayor Green, the City Attorney and City Manager Kisela knew about the Grubs demanding to stop building an intended complete berm because the Grubs owned the property?
I understand that the Mayor was involved in some previous efforts by the City to acquire the Grubbs property. I have not found any documents that suggest he was involved in the right-of-way dispute which arose in July-August of 2013. The City Attorney has stated that she was never consulted about this dispute. She has also searched her files and found no evidence to the contrary. I cannot speak for Mr. Kisela, but again the e-mail traffic does not suggest that he was made aware of this right-of-way problem. All the emails I have seen are between Mr. Gianinni, Mr. Griffith, Linda Johnson, our right-of-way agent and Sliger & Associates, our surveyor on the project.
2. Is it not true that none of the three mentioned above notified the city council of such a problem in fulfilling the original contract for the full berm?
Mr. Gianinni and Mr. Griffith have both told me that the City Council was never informed that the berm had been deleted.
3. Is it not true that according to the city attorney there was a deadline for closing the project and this deadline was due to the request to be sent into the St. Johns River Authority to approve the project?
The St. Johns River Water Management District permit is both a construction and operating permit. The construction portion of the permit is valid for five years after the permit is issued, or until 2016. The operating portion of the project continues indefinitely. The deadline was for closing out the FDOT grant. That deadline was April 30, 2014.
4. Is it not true that the St. John’s River authority, in addition to the Port Orange City Council was never advised that the original plans to build a larger berm was reduced to a smaller berm?
It is my understanding that they were not informed of the change until recently.
5. Are there specific figures in the records or contract as to how much the construction company would receive for building the larger berm?
The bid documents only included the shorter berm, so there is no way for us to know how much more the contractor would have charged for building the longer berm. Also, the bid for the project does not show a separate price for the berm. That cost is lumped into total prices for Excavation, Grading and Embankment; Furnish & Install Sod; and Asphalt Road Removal and Repair.
6. Was the money reduced in the contract for not building the original bigger berm a fair amount in comparison to building the larger berm?
Again, since only the shorter berm was bid, it is not possible to answer this question.
I thank you for helping us through another yet transitional period of city managers. I have found you forthright and honest in answering questions as they have arisen . Although I wish you would remain as a permanent city manager, I can fully appreciate why you might not want to remain as a city manager for Port Orange. My best to you in whatever your plans are for the future. We needed you here in Port Orange maybe 10 or 15 years ago, but I for one am glad you are here now, while some of us are still finding out about a lack of transparency and perhaps honesty.
Sincerely – thank you, hank springer
 

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