Showing posts with label kitchen corruption. Show all posts
Showing posts with label kitchen corruption. Show all posts

Saturday, March 17, 2018

I think I need to apologize about the earlier Marinwood Fire Department posts

Pointless Picture designed to get your attention.


I think I need to apologize.  I may have caused some  confusion. Early posts reference "prevailing wage contracts" which should have been labeled "DIR contractor contracts"   I have since corrected the posts.  While I believe the law is clear that DIR Contractor procedures are not required for Small projects under $25,000,  the Marinwood CSD IS REQUIRED to pay prevailing wages on contracts above $1000.   The Marinwood Fire Department has a bid for less than $8000 for wood cabinets, granite countertops and installation.  Only if they desire to put in new lighting and move plumbing, will they need to hire an electrician and plumber. Still with the savings, the Marinwood CSD can do this, buy a new $6500 Wolf Range* to replace their current one and still the project is less than $25,000. 

Please see the official press release from the Department of Industrial Relations HERE

*I am not certain that any appliances will count towards the remodeling project $25,000 maximum value since I believe they will be considered separately.

Friday, March 16, 2018

Marinwood CSD Meeting March 2018 More Melodrama and Financial Mismangement



Marinwood Fire Department still doesn't have a kitchen.  Chief Roach cites that John Pope has not submitted bid and "he had no other bids" ignoring the written bid from The Granite Expo that will save Marinwood CSD at least $50k.   Former CSD Director Bill Hansell has been hired as the architect to design plans for a maintenance shed which is situated in the stream conservation setback of 100 feet.  Neighbors stood loudly in protest of the project in 2017 when the CSD presented "ideas for feedback".  The CSD directors have chosen to ignore the feedback and bulldoze ahead despite legal, environmental and citizen opposition.  And then there is the ridiculous expenditure for a custom design vs.low cost architect designed prefab structures used by government agencies worldwide..  Tax Revenues are up significantly due to the recovering real estate market yet the pace of expeditures by the CSD is even faster.  Serious overhaul of financial management is necessary to tame the out of control beast.

Wednesday, March 14, 2018

A misunderstanding about the Marinwood Fire Department Kitchen is Corrected.





From Marinwood CSD Director, Eric Dreikosen  on 3/14/2018

Dear Stephen,

With all sincerity, I would genuinely like to know why you feel the threshold for paying prevailing wages on public works projects is $25,000?  Please cite the specific government code you believe supports this and I will gladly research it further.

Respectfully,
Eric







From Stephen Nestel on 3/14/ 2018:

Dear Eric, Chief Roach, Marinwood CSD board members, Marin IJ staff and Marinwood Taxpayers:

You are correct to be concerned about following government contracting law, especially after so many missteps during the kitchen bidding process. When the problem with Kitchen arose in February 2017, you did not know that Governor Brown had changed DIR law to allow small projects under $25,000 on January 10, 2017 to take effect on July 1, 2017.  

Keeping current on changing laws can be challenging, however in May 2017,  I believe you acknowledged the law would be changing on July 2017.  You have persisted with a misunderstanding of the law insisting that the contract could only be satisfied with a DIR approved contractor at a great cost to the district .Only ONE CONTRACTOR, who coincidentally a personal friend of the Chief and Marinwood CSD member was considered qualified.  

This is false.  Contractors on small public works projects DO NOT have to be DIR contractors but they need to pay prevailing wages and keep records.  That is quite a different interpretation than the one reported to the board.  It seems to me that reason the small projects exception was created was to allow small districts to get projects done without a cumbersome DIR contracting process.  The DIR contractors are not interested in these small projects either.  

All the law says is that if the project is less than $25,000 is we do not have to adhere to the DIR process.  If we pay more than $1000 in wages, we must pay "prevailing wage".  This seems fair to me.  We will pay union wages and get the job done quickly by contracting this directly.  The electrician and plumber will likely charge union wages anyhow.  The cabinets are manufactured in a factory (just like the one's that DIR contractor would provide) and are not a factor and the only other labor is the delivery and installation by Granite Expo.  

I have no idea if Granite Expo is a union shop.  My guess is that it is not.  In this case,  I suggest we get a bid from them on labor and recalculate it for "union rates" and offer to pay them a higher wage rate if you feel this is necessary.

Marinwood CSD and FD will comply with the DIR law by paying fair wages and will also get a good price from the granite expo, get the kitchen installed by April 15, 2018 and save taxpayers thousands .

Lastly, I hasten to point out that the district regularly employs/contracts people at "non union" wages all the time.  Pool maintenance, delivery sales people, air conditioner repair, grounds, cleaning, etc.  I personally don't think this project is exceptionally different.

So let's make this project happen. Go to www.thegraniteexpo.com  today and pick out the exact cabinets and countertops and sign the order.  The firemen will be happy, you'll save money and make the Marinwood CSD district proud.

Sincerely




Stephen Nestel

Marinwood









From California Department of Industrial Relations Website HERE

Are there any exceptions to the registration requirement?
Contractors who work exclusively on small public works projects are not required to register as a public works contractor or file electronic certified payroll reports for those projects. Contractors are still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. Additionally, awarding agencies are not required to submit the notice of contract award through DIR’s PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
  • $25,000 for new construction, alteration, installation, demolition or repair  
  • $15,000 for maintenance

Tuesday, March 13, 2018

Here is why the Marinwood Fire Department Kitchen is not required to register as a public works contract.

From California Department of Industrial Relations Website HERE

Are there any exceptions to the registration requirement?
Contractors who work exclusively on small public works projects are not required to register as a public works contractor or file electronic certified payroll reports for those projects. Contractors are still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. Additionally, awarding agencies are not required to submit the notice of contract award through DIR’s PWC-100 system on projects that fall within the small project exemption. The small project exemption applies for all public works projects that do not exceed:
  • $25,000 for new construction, alteration, installation, demolition or repair  
  • $15,000 for maintenance
Even the Marinwood CSD is allowed to save money on small contracts as of July 1, 2017.

An Open Letter Presented to the Marinwood CSD and taxpayers on March 13, 2018


Dear Chief Roach, Erick Driekosen ,  Marinwood CSD Board members and Marinwood CSD taxpayers:


As promised, here is a quote for the Marinwood Firehouse Kitchen with all wood cabinets, granite countertops and an all stainless steel Frigidaire appliances.  Installations are generally booked 30 days in advance. The Marinwood Firefighters could have their new kitchen as early as tax day, April 15th.

Cabinets & Delivery $3599.26
Garnet Tops              $564.82
Installation Labor      $3800.88
Appliance Bundle     $1944.18

Total Cabinets, Granite Countertops with All New Appliances including installation $9909.14

Price does not include incidental electric and plumbing and wallboard repair.


This quote is under the DIR limit of $25,000  and  leaves over $15,000 for plumbing, electrical and/or savings for other Marinwood CSD projects

Quotes received on 3/13/2018 from www.thegraniteexpo.com    They have a massive showroom with many choices. The quotes are for midrange all wood cabinetry and granite.  A personal visit to their showroom  can provide you with first hand experience with their quality.  They are the number one wholesale/retail provider of kitchens in Northern California.

1368 40th Street
Emeryville, CA 94608

(510)652-8882

The district can save over $50,000 in taxpayer funds  from the previous DIR proposal and invest the savings in new playground equipment, an outdoor stage, a new maintenance shed,  or add to our cash reserves.

Its easy, inexpensive and a popular choice for contractors and homeowners.  Why not save the taxpayers money?

Sincerely,


Stephen Nestel
Marinwood, CA

P.S.  As a special bonus, I am including a quote for a 24' steel maintenance shed for $11,520. that is used by municipal parks departments the world over.  There is no need for a custom shed when serviceable sheds can be had for a fraction of the cost of an architect designed shed.  No need to spend $100,000s on a utility structure. It can be hidden behind a berm and planting next to the fire house.


The firefighters will get their "Martha Stewart" kitchen makeover at a fraction of the previous estimates.

Saturday, February 24, 2018

A Heated Exchange between ME and Chief Tom Roach concerning the Marin IJ Article on the Kitchen






Stephen Nestel
 

Feb 19 (4 days ago)
to EricTomBillIRVINGIzabelaLeahJeff, bcc: Linda, bcc: Bill
http://www.marinij.com/government-and-politics/20180219/marinwood-firefighters-at-boiling-point-over-kitchen-disrepair

I could not believe this article in the Marin IJ which will definitely be read by lawsuit happy lawyers intent on extracting fees from the CSD.

As you are well aware, the contracting process has been difficult and the latest iteration only INCREASES liability because it attempts to straddle government contracting regulations without fully complying. In addition, the world has been notified by Leah's quote the district is now prepared to spend “whatever it costs to get the job done.” .  It is a very reckless statement that surely will cost the district.  She should immediately qualify this to the public or step down from the board.

The board should IMMEDIATELY withdraw any construction agreements above $25,000 which will place the project under government contracting laws.  

Better to have a $25,000 kitchen than a $87,000 kitchen and a $200,000 lawsuit.

Let's use some commonsense.  The chief is about to retire, we need to concentrate on a mergers with SRFD or another agency before he leaves us.  This distraction will only take time and money away from far more pressing issues.

============

troach troach@marinwood.org

Feb 20 (3 days ago)
to meedreikosendipietrosheailschwartzizabela.perryleahegreenjnaylor567
There is no current bid for $25,000.  That company is no longer interested in working with the District.  And as far as I know there is no $200,000 lawsuit nor do I know of anyone threatening such a lawsuit.  I am working with a licensed registered contractor to come up with a reasonable bid to complete the project.  Stephen, your half truths and threats are doing very little to help the District complete business and will only further delay the project.  

Tom Roach

====================

Stephen Nestel 

Feb 20 (3 days ago)
to TomEricBillIRVINGIzabelaLeahJeff, bcc: Linda, bcc: Bill, bcc: Brad, bcc: gklien
The district is wide open for a lawsuit given the administration of this project.  Of course, $200,000 lawsuit is simply just a guess what it could cost with an aggressive lawyer determined to milk the district.  The discussions are already in the public record where collusion, ignoring government contracting law and willingness to overpay for work is there for the world to see.  

You, Chief Roach are particularly vulnerable.  I am merely informing you to stop before walking into the alligator swamp.  Again, I suffer insults from you instead a measured evaluation of the facts.   Several contractors, I know will be willing to do it under the $25k limit.  Someone suggested that Granite Expo in Emeryville could do it under $20k.  Did you even explore this option?   The whole project, from the "emergency mold" until today, seem to be forced upon the district.  A serviceable kitchen could be had for FREE but the insistence on a luxury kitchen with favored contractors is the only one deemed acceptable by the Marinwood CSD.

If you ignore the facts, then regrettably this issue could become much, much larger.

Ms. Green can proclaim, "We will pay whatever it takes" but the district must back it up with our taxes.  Wouldn't it be better to secure the retirements of employees first?

Like many taxpayers in the district,  I don't have a trust fund or a six figure pension to look forward to.  Instead,  I see a deep sea of red ink from feckless spending. And spending means taxes.  

For the sake of the district, take positive action.  Go to Granite Expo today and get a quote.  If it is under $25k,  pull the trigger.  You'll show the public, that you are a good steward of taxpayer's money,  a leader for the department and will be remembered fondly in your retirement. 

Do the right thing.


A Request to Correct the Lies in the Marin IJ story about Marinwood Fire Station goes unheeded.


An Open Letter to the Publisher of the Marin IJ requesting a correction to the Marinwood Fire Department Story.


http://www.marinij.com/general-news/20180219/marinwood-firefighters-at-boiling-point-over-kitchen-disrepair

I was shocked today at the above story about the Marinwood Fire department kitchen for its glaring omissions that were undoubtedly missed by Mr. Klein through the careful presentation of the story by Marinwood CSD staff and board members. It completely glosses over the glaring incompetence and indecision of the board and unethical and likely illegal contract practices.

I have filmed each meeting of the Marinwood CSD and can prove the following.

1.) A "mold emergency"  was discovered by Chief Roach in February 2017 which resulted in gutting the firehouse kitchen. Chief Roach had assumed that the mold was toxic BEFORE taking aggressive mediation.  Most people would have use a bucket of warm water and bleach first. 

2.)  Once the kitchen was gutted, the Chief requested an aggressive/expensive remodeling with luxury appliances, stone countertops, etc.  He received a bid of $24,999,  just a dollar less the amount required for government contract law to pay prevailing wages.  Looking at the bid, the public and a few board members remarked that the job could be done cheaper and a designer was hired to make a estimate.  Indeed, low end cabinetry would have cost the district about $5000 and could be installed in a matter of weeks.

A PRIVATE donation for the $25,000 was offered and REJECTED by the Marinwood CSD and Firefighters.  They wanted a better kitchen.   It would have been FREE to the taxpayers. Eric Dreikosen claimed they could not accept a donation for the kitchen because it was not prevailing wages.

3.) The fire department was displeased with the FREE Kitichen and insisted on high end luxury appliances, custom cabinetry, and moving plumbing and electrical which added tens of thousands to the cost.  One firefighter board member boasted that his oven cost $5000 and the firefighters deserve the same quality.

4.) The general manager, Eric Dreikosen, made the inaccurate claim that the job MUST meet government PREVAILING WAGE contracting law and only qualified contractors could bid.  The prevailing wage law is only required for contracts more than $25,000. The cost escalated to $85.000 to $118,000 BUT APPLIANCES WERE EXTRA.  The bids included work such as "soffit removal" when there wasn't any soffits to remove.  The bids was hastily written and totally inflated.  

5.) Next the board reduced the specifications. No stone countertops, stock cabinetry, etc and STILL the cheapest bid was $67k  but the bidder dropped out.

6.) The Chief and a board member personally knew the contractor from neighboring fire department and previous work.  They negotiated PRIVATELY with a personal friend in violation of Government Contract Law.

7.) After warning from the district lawyers, they finally put a bid out to the public and received meager response.  Again the board tried to privately negotiate in violation of public bidding process.

8.) Finally, the board agreed to $87k but the Chief assured the board that he has a personal relationship with the contractor and "everything will be okay"

9.) In today's Marin IJ, Leah Kleinman-Green proclaims "we will pay whatever it takes" to complete the job in an outrageous disregard of her fiduciary duty to Marinwood CSD taxpayers.
Leah Kleinman Green, Acting President of the Marinwood CSD Board "will pay whatever it takes". Of course all this means WE TAXPAYERS will pay "whatever it takes" Her reasoning is that she recently spent one million dollars renovating her 3 person office for the business she inherited.



Marinwood taxpayers have been screwed. There was never a "prevailing wage" requirement for a small $25,000 cabinet and countertop replacement. They would have been installed in a few weeks. Quality appliances suitable for our three man crews could be had for a few thousand dollars. 

This story is about feckless mismanagement, indecision, possible bid rigging and collusion and massive waste of time and resources.

Our firefighters deserve better. The public deserves better.  The resources should be directed to pay the arrears on our pension obligations not wasting it on mismanaged projects and legal liabilities.

I can provide FULL video of the meetings, the admissions of ignoring government contract law REPEATEDLY, ignorance of the law, collusion with bidders, the knowledge of  more competitive alternatives, the offer and rejection of the private donation and misquoting numerous laws.  

I ask that a rebuttal or retraction of the story in light of the missing information in the Marinwood Kitchen fiasco.

Editor"s Note: Neither the Marin IJ editor Robert Sterling or the writer Gary Klein,  even gave a courtesy response.  The sad truth is that the Marin IJ will seldom tackle controversy unless it is to attack its perceived enemies. The only truth about Marin politics is published by citizen journalists.  What a sad state of affairs for the county and the Marin IJ.

Monday, February 19, 2018

Marinwood firefighters at boiling point over kitchen disrepair


Marinwood firefighters at boiling point over kitchen disrepair


Marinwood fire Capt. Ryan Brackett examines the firehouse kitchen on Friday. The kitchen has been partially demolished since a mold abatement project early last year.
Marinwood fire Capt. Ryan Brackett examines the firehouse kitchen on Friday. The kitchen has been partially demolished since a mold abatement project early last year. Alan Dep — Marin Independent Journal

Spices and condiments line a hallway bookshelf at the Marinwood fire station.
Spices and condiments line a hallway bookshelf at the Marinwood fire station.Alan Dep — Marin Independent Journal
Marinwood fire Chief Tom Roach says the firehouse kitchen is not only a functional necessity, it’s the meeting room, social hub and general focal point of activity for the staff.
Yet for the past year, the kitchen has been in a state of disrepair, with no faucet, no sink, an aging stove, a broken broiler and exposed wall studs. For running water, the staff uses a utility sink next to the laundry machines.
Last week the firefighters got some promising news: the Marinwood Community Services District board authorized Roach to seek a contractor for a renovation. But the project’s completion could still be months away.
“It’s gone on longer than it should have,” Roach said.
The problem began in February 2017, when black mold was discovered in the kitchen. The mold abatement work required the demolition of half the kitchen, including the countertop, sink, dishwasher and some cabinetry.
The mold company provided an estimate to rebuild the kitchen, but the contractor did not meet the prevailing wage requirement and legal standards for a public works project, according to a report by Eric Dreikosen, the district manager.
Over the next months, the district pursued qualified contractors, got a project design from an architect and budgeted $60,000 for the work, Dreikosen reported. However, the informal estimates the district received far exceeded the budget.
By August, the district did receive an informal proposal that was within budget, but that plan was not resubmitted when the district issued formal requests for proposals in September. Instead, the district got one sealed bid for $87,000 and another for $118,000.
By then it was October, and the Marin firefighters’ union got involved. Bob Briare, president of the International Association of Fire Fighters Local 1775, sent a letter to the board demanding action.
“We have had to suffer through one excuse after another as to why there has been absolutely no progress made in having new facilities installed,” Briare wrote. He noted that the firefighters had requested an allocation for a kitchen upgrade in 2015 and 2016, even before the mold discovery.
Briare suggested the district was dragging its feet as “retribution” during contract negotiations and a lawsuit alleging overtime underpayment. The litigation has since been settled.
SQUARE ONE
In November, the board increased the project budget to $77,000 but could not get the lowest bidder to drop the price. The board rejected both pending bids.
In December, the board modified the project to potentially lower the cost, and sent out another request for proposals. No bids came in.
Dreikosen wrote a memo to the district board ahead of its meeting Tuesday, advising that the project drew no bids. He listed two possible courses of action: one, that the board authorize the district to seek informal bids; two, the board issue another formal request for proposals.
He recommended the first option, saying it was legal because the earlier process had ended without a bid.
The board members agreed. “They encouraged staff to move as quickly as possible,” Dreikosen said Wednesday.
The market for qualified contractors is tight, especially for smaller jobs, because of homeowners repairing storm damage from last winter plus the ongoing disaster reconstruction in the North Bay fire zone.
Roach said he thinks he has a contractor who will take the job. The district staff has to bring a proposal to the board for approval.
Briare, the union president, said he hopes the project will finally get done but he is anxious about whether the board will “really drop the hammer” on a deal.
“It’s embarrassing,” he said. “It’s gone on long enough.”
Leah Green, president of the Marinwood Community Services District board, said the project delay had nothing to do with the earlier labor conflicts.
“We did the best we could with the information we had at the time,” she said.
Green said the district is now prepared to spend “whatever it costs to get the job done.”
The Marinwood district’s annual budget is about $6 million to provide fire protection, park maintenance, recreation services and street lighting for about 5,000 residents. The fire department has 11 full-time employees, about 25 volunteers and an annual budget of about $2.5 million.
Roach is nearing retirement and the district has been studying consolidating its fire service with another department in Marin.

Friday, December 15, 2017

Marinwood Fire Department: How To: $500 DIY Kitchen Remodel while waiting for Martha Stewart



The Marinwood Fire Department INSISTS they have a new "Martha Stewart Kitchen" makeover.  The original estimate cost was $5000 but rose to $100,000 quickly as demands for luxury appliances ($5000 oven,  $4500 Viking Range, Custom stone countertops) and Contractor's with ties to the Marinwood CSD and the Fire Service "competed for bids".   The Marinwood CSD altered the contract to "reduce costs" but still the bid was way out of budget range. One very generous resident offered to DONATE THE ENTIRE COST of the Kitchen up to $25,000.  The Marinwood CSD refused the gift.  Now the CSD is insisting on using special "government contractors" at 4 times the original bid cost when a VERY SERVICABLE kitchen can be done quickly for well under $25,000. 

It is absurd.

So, as a public service, I am posting this video for Marinwood CSD.  This is how REAL PEOPLE innovate when budgets are tight. It may contain a few ideas they can use to freshen up the kitchen while awaiting their "Martha Stewart Kitchen" to arrive.

Friday, September 8, 2017

Marinwood CSD Reveals Illegal Government Contracting



August 31, 2017 Marinwood Fire Chief reveals a "pattern and practice" of ignoring legally required "RFP Government Contracting" practice at the Marinwood CSD.  In 2016 the fire department ordered a $500,000 fire engine that arrived 3 months late with equipment problems requiring $50,000 in change orders and service delays. The vendor was not penalized. The law requires government notice of purchasing above a certain amount in a sealed bid format. This helps assure the best bid price for the taxpayers. 

At issue is the Fire Department "Martha Stewart" kitchen makeover where the Marinwood CSD has REFUSED a $25,000 donation so that it can spend $60,000 of taxpayer funds for a kitchen remodel. An initial estimate has the total cost for cabinets at $4000 yet the district wants to spend FOURTEEN TIMES the amount. The preferred contractor has two sons in the fire service and a personal relationship with one of the Marinwood CSD board members. '

At this special meeting, the Marinwood CSD DID NOT POST THE MEETING 24 hours in advance as REQUIRED BY LAW. When confronted with photographic proof they did not comply they IGNORED it. 

Legal action will be needed to stop routine corrupt practices of the Marinwood CSD as they have no shame or sense of decency.

Why would the Marinwood CSD REFUSE a $25,000 gift that could fully pay for a new kitchen?