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Here’s The Scoop….The Town Manager …OH, YES SHE CAN….AND YES SHE DID REMOVE BSO CHIEF GOODING…

June 26, 2009 by Barbara

IT MAY BE ALLOWED……….BUT IT WAS DEFINITELY A DOUBLE STANDARD!….

Dear Readers…many are asking could  LBTS Town Manager Colon really have LBTS -BSO Chief Gooding “reassigned”?…The answer is yes!…This writer obtained a copy of the LBTS-BSO contract a few months back…and in it (see below) she has that power!…BUT isn’t it something that she chose to exercise such powers pertaining to Chief Gooding…and has remained mute and taken no action on the many VFD infractions and insubordination she is aware of!….In this writer’s opinion…this action was personal!…Chief Gooding spoke up in public  at the 6/23/09 Commission meeting…http://lbts.granicus.com/MediaPlayer.php?view_id=2&clip_id=238…repeating what we hear he said to the Manager in private when she “pulled the rug out” on the BSO plans for their new digs at the 2 million dollar Public Safety Complex. It is said the Manager was all for the project …every step of the way…even assuring the BSO that any monies required over the $284,000 in the confiscation fund would be taken care of….Then instead of negotiating  she gave him her “ultimatum” of a cell and a Sally port…period!…There is no way she would make this move without the “blessing” of the Vice Mayor and his BFF…to think otherwise is unimaginable with the 2010 election looming!….We hear that it was planned with the full knowledge that the Mayor and Comm. Dodd would not be in town….Calls tonight to the “Gang of 3” (we hear) are bringing …from Comm. Clottey feigned ignorance until after the action …with flashes of anger …Comm. Silverstone (we hear) has shut off his phones…and the Vice Mayor (we hear) is saying he “didn’t vote for the action”…knowing full well no vote was required!…NONE HAVE CALLED FOR AN EMERGENCY MEETING!…That speak volumes!…

Remember Readers, this is the Manager who has balked at her contract requirement for an annual review…which she is already in breach of  having not had one in 2008 and now that we are in the 2009 budget season, when will it be done this year? … (Will the “Gang of 3” try and quash it at the June 30,2009 Round Table meeting?)…..as it states on page 6-15.0 “The Commission shall review and evaluate the performance or the Employee at least annually IN ADVANCE of the adoption of the annual operating budget.”..

Can you all imagine …a McIntee Police Department?…Just think about it…something is done to your property in the wee hours…and who are you going to make an incident report to…the person(s) that may have been the vandals?….Scary stuff….real scary stuff!….

AGREEMENT BY AND BETWEEN KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY, FLORIDA AND THE TOWN OF LAUDERDALE-BY-THE-SEA FOR POLICE SERVICES

ARTICLE XV (page 15)

DISTRICT COMMANDER /CHIEF

15.3 In the event the Town Manager becomes dissatisfied with the performance of the District Commander/ Chief, the Town Manager shall provide notification to BSO. Thereafter, representatives of  BSO and the Town Manager shall meet and discuss possible remedies of the problems experienced by the Town Manager. BSO agrees to act in good faith in resolving any problems experienced by the Town Manger. The Town Manager MAY REMOVE the District Commander/ Chief AT ANY TIME WITHOUT CAUSE.

TOWN ORDINANCE…..

ARTICLE V.  TOWN OFFICERS AND EMPLOYEES

Sec. 5.5.  Town Manager–Powers and duties.

The Town Manager shall be responsible to the Town Commission for the proper administration of all affairs of the Town coming under the Town Manager’s jurisdiction, and the Town Manager’s powers are and they shall be:
(1)   To see that the laws and ordinances of the Town are enforced.
(2)   To appoint or remove all subordinate officers and employees.
(3)   To exercise, control and direct supervision over all departments and divisions of the municipal government under the classified service, except where otherwise provided.
(4)   To see that all terms and conditions imposed in favor of the Town or its inhabitants in any public utility franchise are faithfully kept and performed; and upon knowledge of any violation thereof, to call the same to the attention of the Town Attorney, whose duty it is hereby made to take such legal steps as may be necessary to enforce the same.
(5)   To attend all meetings of the Town Commission, with right to take part in the discussions, but without having a vote.
(6)   To recommend to the Town Commission for adoption such measures as the Town Manager may deem necessary or expedient in the interest of the Town.
(7)   To keep the Town Commission fully advised as to the financial conditions and needs of the Town and at the proper time to submit to the Town Commission for its consideration an annual budget.
(8)   To advise and consult with all officers and official heads of the several departments of the Town relative to the affairs of such department, and to make recommendations to the Town Commission respecting such departments as the Town Manager may see fit.
(9)   To perform such other duties as may be prescribed under this Charter, or may be required of the Town Manager by motion, direction, ordinance or resolution of the Town Commission.
(10)   To prepare and submit to the Town Commission an annual financial audit of its accounts and records, completed no later than six (6) months after the end of its fiscal year by an independent certified public accountant retained by the Town Commission and paid from its public funds.
(11)   To sign all checks, warrants, bonds and agreements issued by the Town of Lauderdale-By-The-Sea.
(12)   To assist the Town Commission to develop long-term goals for the Town and strategies to implement these goals.
(13)   To encourage and provide staff support for regional and intergovernmental cooperation.
(14)   To promote partnerships among the Town Commission, staff, and citizens in developing public policy and building a sense of community.
more to come….
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Here’s The Scoop….3/24/09 LBTS Commission Meeting #2…Choice…Was Our Choice…

March 25, 2009 by Barbara

WE HAD A CHOICE THIS TIME AROUND….
waste

Initially the Mayor tried to do the right thing…to move around the agenda…and allow the 5 waste companies to make their presentations during presentations…limiting them to 5 minutes…while also attempting  to prevail upon the Commission to have 2 five minute time slots for discussion …BUT…the Vice Mayor wasn’t having any…he and his “Bro” Jimmy only wanted public comments first…and….although the Mayor pointed out the obvious…that the public may well want to reserve their time to speak after the presentations….Nope…the Vice Mayor acting as if he suddenly woke up…(later when the RFP did get moved up…after the break…we saw he was still asleep at the wheel)…McIntee said 5 minutes was not nearly long enough…using  Comm. Dodd’s assertion..(that he (McIntee) had previously “reamed” him for)……that after all this was the most important decision the dais would make for years!…Does this guy ever come up with anything on his own?…Rounding out the new 3-2 on the dais…”gal pal” Comm. Clottey said they should “stick with the agenda as is”…Sadly her “slippery slope” is continuing……becoming increasingly magnified as the evening wore on….

After a 10 minute break….the Commission paid heed to a motion brought forth this time by Comm. Dodd…to move up the RFP….more amiable (maybe they had a cup of “Joe”)…to the Mayor’s original time limits…offered up again with leniency if need be….they began…each company came to the podium to do their final “sell” …to close the deal…in the order the RFPs were received by the Town…

Our new Town Atty. said our Town law firm had a conflict of interest…and in “an abundance of caution”…she brought in the Town Atty. from Lauderhill to take her place…Mr. Earl Hall…who had expertise in this area…and was up to snuff  with the “packet” on the RFPs before us….

1. Waste Management- Our current and longtime contractor…a familiar face at the podium …showing his comfort in this position…the gentleman spoke of the years of experience his company offered…the consistency ,hard work and continuity…he spoke from the letter sent to all LBTS residents the week prior (previous post….scoops category)…That Waste Management makes 13,000 collections each week …3 times a week (2 pickup/1 recycle)…and with the years of service…”How many calls” were received …for a problem…( insinuating few)….His company spent time on safety training their drivers…with a simulator…they screen their employees …and their customer service…their people are their “best assets”…He spoke of their recycling…that we (LBTS) were not buying “widgets” here…Waste Management asked for no “bail out money”…there was no “bait and switch”…when fuel costs climbed they held their rates…we ( LBTS and WM) have a good relationship…He spoke of the RFPs having “costly additions” included that did not apply to our town which  skewed the numbers as a result…( previous post…the 1st bid meeting)…Ending with the “earned trust” and “confidence of your residency”…”no transition” was required…Waste Management was “ready to serve”….

2. All Service-First this company wanted to clear up an assertion made at public comments…”Republic does not own any landfills”…He spoke that All Service was  on the  public stock exchange…located recently to Phoenix Arizona…staffing was the same as Waste management…good people there for 20-25 years…their “employees are the greatest”…and they service Westin,Coconut Creek and Miramar…their references stand for themselves…They spent 2 weeks”surveying” the city…not hearing many complaints…bulk was an issue…and agreed with Waste Management that the RFP “matrix scale” had some “valid concerns”…They should be judged on consistency and references…with recycling “education” required…offering up legislation to come…2010- 30% mandated recycling/2020 could increase to 75%…In the end he said “the bid was put together good”…it “mirrored other cities.”…

3. Waste Pro-The gentleman apologized …saying he didn’t know they would be giving a presentation…proceeding to speak of what their proposal offers…”the best combination service”…serving 85 municipalities…with excellent references…Regaling in their previous experiences of coming into cities after Waste Management…such as Tallahassee and Port St. Lucie…”we do things differently”…with commercial business…different cans…..that do not corrode and unlimited bulk pick-ups…loaded on with 1 truck..with 3 men to service it…not 1…saying their “bid package stands on its own”…

4. Choice Environmental-The President came forward…saying in no uncertain terms…Choice “was the lowest price qualified bidder”….they attended the pre- bid (previous post…scoops category)…had done “extensive surveys”…that the city staff had made themselves available…to “save the residents and businesses money” the commission “should award to the lowest responsible  bidder pricing”…they “can’t touch our pricing”…that Choice “deserves to get the contract”…They are headquartered in Broward County…and ” based on what Choice has done we will save in excess of $2 million dollars”…They will work with the city…they have experience…they are business owners that formed a company…not nationwide…that every container size is ready…and LBTS “fill in” with their service to Fort Lauderdale…They are “comfortable with the bid”…from the pricing perspective…and a full term (5 year contract)…will bring us a 35% reduction…large savings…compared to other bidders saying they are all good companies…They are ready to go…the transition in Fort Lauderdale came with fewer complaints than there were before they took over…offering us an “economic stimulus”….

5. Southern Waste Systems- The V.P. Of Municipal Marketing stepped up to say their company was privately held…with 11 transfer stations…being the largest recycler…with 200 years of “collective” experience….A state of the art processing location 5-8 miles from the city…invaluable during catastrophic times…as well as offering toilets for events….the bid process documents were front and center with this company …asserting a myriad of problems in the RFP materials that should be re-addressed for the opportunity to come back with lower pricing…He told the Vice Mayor he was correct this was the “most important decision (again…it was said by Comm. Dodd…who was lambasted for micro-managing the staff…looks like they all owe him an apology….don’t hold your breath)…He ended with imploring the dais to think about a re-bid…saying the “city owes the residents a lower bid”…

Attorney Earl Hall took the time to explain the difference between a bid and an RFP ( Request for proposal)…A bid is like buying paper..and looking for the best price…an RFP is asking for proposals…the actual document was “very clear”…it says the “award of the agreement”…is at the “sole discretion to best accommodate the Town’s needs”…and perhaps the proposers have concerns over the “matrix”…but the Town can choose to reject any and all proposals…included in the RFP general instructions….

Public Comments were opened up…with one north end resident asking for specifics..how many times a week…for pick-ups and for bulk…How much percentage to get to the ceiling…and an ongoing “humanitarian response” offered to us as well…A business owner spoke of using Choice for his home in Fort lauderdale.. giving them kudos…Yann Brandt spoke again about the process to be competitive…and to remember single stream recycling as an addendum…A woman from Tradewinds…spoke of recycling..wanting an increase in use…and awareness…as well as relating she had been denied an extra recycling bin form Waste Management…Spiro Marchelos owner of Athena spoke of rising costs and mishaps to property…saying it was time for a change…This writer spoke of the bid process…the RFP problems…and my preference for Choice Environmental …Louis Marchelos spoke of recycling …problems with the Pier and Waste Management…with no help from the company…requests for a recycling program “fell on deaf ears”…

The Commission…as previously posted …3/24/09 meeting #1…the Vice Mayor was up 1st…with his “dog and pony” show…Here’s the responses…from the “five” at the podium…(Think Simon Cowell interviewing the Idols)…

Choice- average age of trucks-3.2 years…to less than 1 year…size 32 cubic yards….will hold 96 totes with it…biggest city servicing- Fort Lauderdale-recycling…23,000+ homes…terminal in Pompano…35 trucks…dumps are interlocal as required to be in Broward County…1 toter for every resident…would go for a shorter contract…915 res. trash toters…1830 recycling bins…

Southern Waste- Avg. age of trucks 2 yrs…compact 28 yards…largest town serviced Pahokee (Palm Beach County)…7000….2 brand new trucks…terminal sin Pompano and dDnia Beach…72 trucks…providing 955 96 gal. toters…multi-family unclear ..1000-2000..stating “each one gets one”…would accept a shorter contract…

Waste Management- avg. age 3-7 years…150 trucks…biggest town serviced Coral Springs…terminal located on Powerline…provides toilets…clarified his presentation 3 day pick-ups after the VM said they picked up 2 days a week.. He said 2 pick-up days /1 recycle day…….then spoke about the “supplemental requirements”…would accept a shorter contract…

Waste Pro- Largest serviced city Jacksonville…a portion= 75,000 and Port St. Lucie…truck size can hole 129 cubic yards…new trucks…have 30 trucks…terminal in Pembroke Pines…

All Service- 250 employees …avg. age of  employees is 29 ….turnover 5 out of a 100…no toilets…but could get them from Waste Management!…(producing a large laugh)….would take a shorter contract…3 years…

Commissioner Clottey asked about tree limbs…explaining how they needed to be bundled and sized for pick-up presently…all agreed the pick-up would remain the same…no offers of  a “claw”…

This was the point where Silverstone hopped the McIntee de-rail the process train…asking the bidders if they had a problem re-bidding….Choice stepped up to the microphone to say they would indeed have a problem with it…it would now become “OK…see if you can beat the Choice price!”…Waste Management and Southern said  it should be done…

Commissioner Dodd inquired on the “weighting system”…the percentages for arriving at the totals…offering up a fairer evaluation…would these bidders change it all…the response was a collective “no”….replying it would add to more confusion…saying residents should keep the larger percentage as it is shown…

The Mayor asked about any major changes to the RFP and what that would entail…the Atty. said the Commission would have to reject all and start over…

This is where what certainly sounded like a  “threat” came to light… when the Vice Mayor…said he wanted time…(2 weeks) to go to each company’s office…where they would provide registrations for their trucks…and if they lied…you all know the rest of his spiel……He said “everybody loves Waste Management”…and the residents…(non-kool-aid drinkers) just cringed and shook their heads saying “speak for yourself”…

The Town Manager explained again as she had at prior meetings  to the “2-Hats” the extension they were working on and the schedule…The Atty. explained it was not correct for the VM to do what he proposed asserting that the proposers should only be dealing with “one source” from the Town…

Then to add to the fray…Commissioner Clottey hot off some weird assertions previously made before at the CIC Town Hall meeting…insisting  “people feared retaliation” for calling BSO…now spoke to the the companies telling them of her disappointment with them…calling them “used car salesman”…quickly producing an audible groan among her constituents and a grumble among the companies sitting in the seats…Continuing  on she said to those wanting to re-bid “It’s a little late to sing that song”…HUH?…

Commissioner Silverstone offered up a difference of opinion and wanted to choose 3!….

The Town Manager clearly losing her patience..explained the scoring system…. the grid and the option to throw it out!…

The Mayor made her statement..thanking them all…the proposers and the staff…speaking of the criteria…and LBTS being unique…explaining further the scoring and how it would work….Each Commissioner was given a sheet…with the names of the 5…and asked to number them 1 to5…1 being the 1st choice…

The percentages…. where each company stood prior to the  Commissioner’s 30% added in for the final  total…

The numbers …lowest score is 1st place…next lowest 2nd place…and so on to the highest which it the “biggest loser”…

In order of received RFPs…by the Town…

Company……………………….Before the Vote…………………After the Vote……Commissioner’s score-(Mayor Abstained)…….Total-(Comm score)

……………………………………………………………………………………………………(CD-Dodd/CC-Clottey/VM-McIntee/CS Silverstone)

Waste Management……………….16…………………………………19.25……………CD-4/CC-5/VM-2/CS-2……………………………………….3.25

All Service…………………………….11…………………………………14.75…………….CD-3/CC-3/VM-5/CS-4………………………………………3.75

Waste Pro…………………………….10…………………………………13.25…………….CD-2/CC-4/VM-4/CS-3………………………………………3.25

Choice…………………………………..8………………………………………9………………CD-1/CC-1/VM-1/CS-1……………………………………….1

Southern Waste…………………….15………………………………..18.75……………….CD-5/CC-2/VM-3/CS-5……………………………………..3.75

Choice won….Commissioner Dodd made the motion for the Town Manager to start negotiations…1st with Choice..if that fails…the with 2nd place winner -Waste Pro…and in the unlikely occurance of that negotiation failing…. the 3rd place winner All Service…

This is where the Vice Mayor “flexed his muscle” one more time after the Manager said she would like input from the Commission for negotiations….starting today…McIntee said he wanted new trucks…he was serious….Comm. Clottey wanted toilets for special events…and the Town Manager said she had “mandates” from the Mayor..(no word on what those were)….Commissioner Dodd sent his in today….including asking for smaller toters (96 gallon) if possible for those that don’t want or need them that big…and to redefine how many per multi-family home…rather the newly proposed (by the Town)…of one 96 gallon toter and recycle bin per unit!…

more to come………

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