"… the wanton disregard shown by entities in receipt of Port Orange taxpayer funds …"
Ted Noftall
Attachments3:51 PM
to Robin, David, Margaret, Bob, Scott, Drew, don
Thank you Robin,
I recognize that the problem is not with your department, but I have to tell you that the wanton disregard shown by entities in receipt of Port Orange taxpayer funds as regards their required compliance with the public record Statutes of Florida is disgusting.
At this point it is difficult to understand how either the Manager or the Attorney are adequately safeguarding taxpayer interests from the sorts of lawsuits the Attorney and former Manager assured Council were just waiting to happen if Council failed to jack-up all of its volunteer boards with an onerous compliance ordinance less that 1 year ago.
Equally nauseating disguising is the willing suspension of dis-belief required to conclude that the secrecy surrounding the gold course financials is not even remotely related to the desire on the part of some to cram and jam taxpayers with a hastily conceived $ 1.6 million golf course renovation absent any due diligence analysis what-so-ever.
Ted Noftall
for responsible government – 2016
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—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Monday, January 12, 2015 2:28 PM
To: Ted Noftall
Cc: Bob Ford
Subject: RE: FOI Cypress Head Golf Course Audit
I have Matt Jones, Assistant City Attorney, working on this with me. There were some thoughts by others that maybe there were exemptions to the workpapers but there is not. We are gathering the records as requested from Kemper Sports and James Moore.
As soon as I have them, I will get them to you.
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
******************
From: Ted Noftall [mailto:Ted@tednoftall.com]
Sent: Monday, January 12, 2015 11:26 AM
To: ‘Fenwick, Robin’
Cc: Bob Ford (rford37@cfl.rr.com)
Subject: FW: FOI Cypress Head Golf Course Audit
Thank you Robin,
But I am not sure how or why a simple FOI request is still ongoing exactly a month after it was made. ( See Dec 12th e-mail below )
If there was no written communication between the City and Kemper and the Auditor during the dates requested someone at Kemper and James Moore needs to needs to say so clearly.
Otherwise they need to provide you with a copy of same.
It seems like we are reinventing the wheel here.
Ted Noftall
for responsible government – 2016
************************
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Friday, January 09, 2015 3:52 PM
To: Ted Noftall
Subject: FW: FOI RE Cypress Head Golf Course Audit
Ted,
Here’s the email from James Halleran. I thought I had asked them before the holidays but when following up today, I couldn’t find an email to them. Sorry for the delay.
Have a great weekend.
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
*********************
From: James Halleran [mailto:James.Halleran@JMCo.com]
Sent: Friday, January 09, 2015 12:03 PM
To: Fenwick, Robin; Zach Chalifour
Subject: RE: FOI RE Cypress Head Golf Course Audit
Ms. Fenwick,
All correspondence was via e-mail.
Thanks
James Halleran, CPA
Visit our Website
121 Executive Circle, Daytona Beach, FL 32114-1180
Ph: (386) 257-4100 ext. 4434 | Cell: (386) 562-0002
Email: James.Halleran@JMCo.com
Join us on Facebook Join us on LinkedIn
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From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Friday, January 09, 2015 11:32 AM
To: Zach Chalifour; James Halleran
Subject: RE: FOI RE Cypress Head Golf Course Audit
Good morning,
Below is a public records request that I received from a citizen. Please provide me with any records you have to fill the request. Please be advised that I have pulled all emails to/from any City email address (port-orange.org) so you do not need to do that. However, if there was any other correspondence mailed, faxed, etc. to a City employee and/or to Kemper employees, please forward that to me as soon as possible. If there was nothing outside of the emails, please let me know that as well.
State and local laws allow us to charge a reasonable fee for filling public records requests that take over 30 minutes to fill. So please track your time and let me know if I need to charge Mr. Noftall.
Please do not hesitate to contact me should you have any questions or concerns.
Thank you.
ROBIN L. FENWICK, CMC
CITY CLERK
*********************************
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Friday, January 09, 2015 11:32 AM
To: Zach Chalifour; James Halleran
Subject: RE: FOI RE Cypress Head Golf Course Audit
Good morning,
Below is a public records request that I received from a citizen. Please provide me with any records you have to fill the request. Please be advised that I have pulled all emails to/from any City email address (port-orange.org) so you do not need to do that. However, if there was any other correspondence mailed, faxed, etc. to a City employee and/or to Kemper employees, please forward that to me as soon as possible. If there was nothing outside of the emails, please let me know that as well.
State and local laws allow us to charge a reasonable fee for filling public records requests that take over 30 minutes to fill. So please track your time and let me know if I need to charge Mr. Noftall.
Please do not hesitate to contact me should you have any questions or concerns.
Thank you.
ROBIN L. FENWICK, CMC
CITY CLERK
CITY OF PORT ORANGE
*****************
—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Tuesday, January 06, 2015 11:13 AM
To: Ted Noftall
Subject: RE: FOI Cypress Head Golf Course Audit
See attached.
ROBIN L. FENWICK, CMC
CITY CLERK
********************
—–Original Message—–
From: Ted Noftall [mailto:Ted@tednoftall.com]
Sent: Tuesday, January 06, 2015 11:08 AM
To: ‘Fenwick, Robin’
Subject: RE: FOI Cypress Head Golf Course Audit
Thank you Robin,
Can we get a copy of the FY 2015 Budget Susanne is referring to in her item 2 response below. I believe that Budget is prepared by the month and for the year in total.
Ted
*******************
—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Tuesday, January 06, 2015 10:04 AM
To: Ted Noftall
Subject: RE: FOI Cypress Head Golf Course Audit
Here is Susanne’s reply, along with the attached document that was sent out:
Robin,
The only communication on the subject of the proposed renovations was done verbally during the onsite audit. There are two points of discussion that the proposed renovations were brought up.
1. Accounts receivable were lower than prior year (FY2013). That was due to the annual pass billing being adjusted for the five month closure. See attached letter that was mailed with the annual pass billing which indicates that the annual pass billing would be updated should the renovations not take place and the course be open.
2. Budget for FY2015 was provided to the auditor and again there were significant differences between FY2014 Budget and FY2015 Budget and it was explained that there were proposed renovations and adjustments to the budget were made to accommodate the possible closure of the course.
Susanne Snider
Controller
Kempersports Management Inc.
ssnider@kempersports.com<mailto:ssnider@kempersports.com>
(386) 316-3415 cell
The Golf Club at Cypress Head Palm Harbor Golf Club
6231 Palm Vista Street 100 Cooper Lane
Port Orange, FL 32128 Palm Coast, FL 32137
(386) 756-5451 phone (386) 986-2588 phone
(386) 756-5452 fax (386) 446-6768 fax
www.cypressheadgolf.com<http://www.cypressheadgolf.com/> www.palmharborgolfclub.com<http://www.palmharborgolfclub.com/>
I have not heard from James Moore yet but will follow up.
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
CITY OF PORT ORANGE
1000 City Center Circle
Port Orange, FL 32129
TEL: 386-506-5563
FAX: 386-756-5290
***********************
From: Ted Noftall [mailto:Ted@tednoftall.com]
Sent: Saturday, December 13, 2014 10:52 AM
To: ‘Fenwick, Robin’
Subject: RE: FOI Cypress Head Golf Course Audit
Good morning Robin,
The e-mails you attached do not include any communication between Kemper and the Auditor.
Did you request both Kemper and James Moore & Company supply any communications they exchanged in connection with the golf course audit ??
Ted Noftall
for responsible government – 2016
*******************
—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Friday, December 12, 2014 1:44 PM
To: Ted Noftall
Subject: RE: FOI RE Cypress Head Golf Course Audit
Here are the few emails that we found.
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
CITY OF PORT ORANGE
************************
—Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Friday, December 12, 2014 1:16 PM
To: Ted Noftall
Subject: RE: FOI RE Cypress Head Golf Course Audit
I have asked all Department Heads to provide any records they may have. I will be in touch soon.
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
CITY OF PORT ORANGE
*****************
From: Ted Noftall [mailto:Ted@tednoftall.com]
Sent: Friday, December 12, 2014 12:55 PM
To: ‘Fenwick, Robin’
Subject: FOI RE Cypress Head Golf Course Audit
Thank you Robin,
I am not sure how this got twisted as it did but let me apologize anyway.
My interest with the Sept 30th 2014 golf course audit recently released by Kemper or the Auditor dealt with the note to the financial statements detailing the up-coming course closure and how the Auditor came to understand the projected renovation cost.
Accordingly I am requesting a copy of all communication between the City, Kemper, and James Moore & Company from September 15th 2014 through November 30th 2014
This should likely consist of fewer than a dozen e-mails.
Thanks
Ted Noftall
******************
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Thursday, December 11, 2014 3:55 PM
To: Ted Noftall
Subject: FW: Cypress Head
Below is the link for the emails you requested. Please let me know when you have downloaded the document so that I can delete the link on my end.
Thanks,
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
**************************
From: Hicks, James
Sent: Thursday, December 11, 2014 3:49 PM
To: Fenwick, Robin
Subject: Cypress Head
https://www.dropbox.com/s/xq9lyfkd11fcfhk/Cypress%20Head.pdf?dl=0
James Hicks
Information Technology Manager | City of Port Orange
Desk: 386.506.5545 | Cell: 386.547.9622| jhicks@port-orange.org
4 Attachments
Preview attachment Golf Audit.pdf
PDF
Golf Audit.pdf
Preview attachment 20141223145229092.pdf
PDF
20141223145229092.pdf
Preview attachment 2014-2015 Cypress Head Budget Detail.pdf
PDF
2014-2015 Cypress Head Budget Detail.pdf
Preview attachment 2014-2015 Cypress Head Budget Summary.pdf
PDF
2014-2015 Cypress Head Budget Summary.pdf
Talking about a wanton disregard for taxpayer funds that might be of interest to Ted and other citizen watchdogs, and could be the subject of a future F.O.I., here is one for the record. As you may already know, when someone resigns from a position, as opposed to being fired or layed off they are not eligible for unemployment compensation. When someone files for unemployment compensation, the unemployment bureau will contact the previous employer to verify the circumstances under which the employee that has filed for benefits left their previous employment.
If you remember the past public utility director, Jason Yarborough who resigned his position with the City of Port Orange this past year he is now, compliments of the FCCMA the interim Administrative Manager for the City of Lake Helen Florida. For the short period of time that Jason was an FCCMA MIT (Manage In Transition) he apparently applied for complementary unemployment benefits even though he officially resigned from his previous position with the City of Port Orange as Public Utility Director. When I say complementary benefits, I mean benefits compliments of someone in the Administrative Services Department of the City of Port Orange that supplied Jason with corroborative information to the Bureau of Unemployment that resulted in Mr. Yarborough receiving over a thousand dollars worth of unemployment benefit compliments of the taxpayers of Port Orange.
Remember that unemployment benefits are not paid out to individuals that have resigned from their previous position so it would be interesting what was told the Bureau of Unemployment Compensation by Port Orange Administrative Services and by what authority was anything communicated to them other than Mr. Yarborough had voluntarily resigned his services with the city of Port Orange. If anything other than this was in fact communicated to the Unemployment Bureau I wonder if this would constitute defrauding the government, as well as defrauding the taxpayers. I am certain that this information is available through F.O.I. request through the Bureau of Unemployment and also through the City Of Port Orange.
Whoever authorized information being released to the Unemployment Office and whoever is in charge of Administrative Services that is responsible for any communication other than about Jason Yarborough resigning from his previous position that resulted in fraudulent benefits being paid to him at the taxpayers expense may have committed a crime.
Should this be whitewashed and swept under the rug as usual, or is this serious enough to perform the requisite F.O.I.’s to determine if their is any justification for taxpayers having to foot the bill for these benefits which may have been obtained fraudulently with the cooperation of Port Orange administrative staff?