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News: August 2002 |
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Contractor 'Un-Fired' by Ballfield Committee
By Dan Sapir and Dennis Randall
(August 2 7, 2002) As predicted by the Observer days ago, Pottle Street Ballfield general contractor Kevin's Landscaping was reinstated about a week after he was "fired" by the Ballfield Committee. The Committee met at 6:00 pm this evening (August 27) at the Pottle Street fields. The carefully scripted meeting began with Committee member Peter Opachinski providing a mini-tour of a small section of the complex pointing out elevation level variations. He then pointed out the several acres of ballfields that Kevins's Landscaping had been working during the seven days since his termination.It was pointed out that Kevin Leone, owner of the landscaping company had seven days in which to wrap up operations after termination. The Ballfield Committee marveled over the quality of the work done during the last seven days and wondered if Leone could now provide the timeline for completion. Leone said he had no problem with a October 20 completion and offered no resistance to that assurance being backed up with a liquidated damages clause of $500.00 per day past deadline. Leone did say that it would have to be done with the Committee understanding "The must understand the needs and demands that I require to complete this job." He pointed out the necessity to work one area at a time rather then hopscotch about the entire 11-acre site.
Additionally he expressed the hardship created by working around over 600 irrigation heads and a like number of fence posts. He said each obstacle would have to be hand raked and that was not part of the original contract. When Leone bid the job, there were no obstacles with which to contend. The Committee asked that he submit a change order, which could amount to several thousand dollars. It would appear that there are additional change orders in the offing which were not elaborated on. The meetings seemed quite anti-climactic compared to the thunder and bluster evoked by Ballfield Chair Tex Alexiades when he condemned the contractor and referred to the relationship with Leone and the town as a divorce. "We're not going to be married anymore". Apparently Alexiades is willing to live in "municipal sin". The firing of the contractor took a back seat to all the posturing visible by Alexiades and Opachinski to make it all look normal, routine and benign. This represented a stark contrast to the litany of complaints and deficiencies enumerated by Alexiades earlier in the week. Actions tonight still do not explain criticism of Leone's work throughout an extended period of time. The Committee's management style is to treat terminations as warning letters. Nowhere in the Committee's Minutes, prior to the termination, do you find a hint of displeasure with Leone. Opachinski said he has had numerous discussions with Leone relative to deficiencies. The Observer pointed out that Opachinski is merely a solitary committee member and should have put the matter on the table, in a public meeting. Committee members need a wakeup call. Their function should be more than background scenery; folks who are called to the meeting table to affirm the actions of the few. On a motion by Tony Borrelli, seconded by Richard Cretinon, the predicted post nuptial agreement reconciling Kevin's Landscaping and the town was formally sealed on a 9-0 vote. We should point out, that there was nothing in all this embarrassing hoopla that could not have been worked out in a public meeting or with a warning letter. Whatever issues were biting at a couple Ballfield Committee members seemed to be full of sound and fury signifying nothing…except bad judgment. It was clear from the outset that the Leone termination wouldn't fly…and as we learned this evening…it didn't. In the future, damage control will be the name of the game. The Committee can ill afford drawing a line in the sand from which they are forced to back away. None of the bravado on display this evening changes the fundamental flaws of the process to date. For now, the scapegoat of choice has been taken off the disabled list and has rejoined the team with a signing bonus. However, there is still a position to be filled and we suspect the Committee will be holding auditions in the near future, until their selection is announced, you can expect the project to keep a low profile. Pottle
Street Spin Control By Dan Sapir and Dennis Randall (August 24, 2002) The Pottle Street Ballfield spin doctors are already hard at work. There is a suggestion that Kevin's Landscaping is a bad contractor and that similar work elsewhere is "sub-standard". Weymouth was highlighted as a case in point. A quick reality check with Weymouth Director of Public Works Bob O'Connor reveals quite the opposite. O'Connor told the Observer today, that Kevin's Landscaping was the successful bidder for a municipal ballfield project involving two soccer and one baseball field. "I was impressed with Leone and am pleased with his work to date" said O'Connor. He said that he was alerted to the issues in Kingston by Gale Engineering who is involved in both community projects. Spin doctor's alleged that Leone was behind schedule and would leave Weymouth school children without a playable field(s). O'Connor dismissed such rumors and said the project in Weymouth is not a school project and has no impact on school sports. Another rumor is in circulation, perhaps in anticipation of a reconciliation. Word is that Kevin Leone is "begging" for reinstatement an the opportunity to complete the contract here in Kingston. By spreading this scuttlebutt, the Committee positions itself in the best possible light. Leone is made to look weak while the Committee is placed in a position of benevolence if and when they back off the termination. The drama will continue to unfold when the Pottle Street Ballfield Committee meets tomorrow (Tuesday) evening. We will be there. Follow this website for on-line updates. Ballfield Committee May Strikeout on Firing (August 24, 2002) Although the official word from the Pottle Street Ballfield Committee is that primary contractor Kevin's Landscaping has been fired from the project, we'll believe it when we see it. As was broken in the Observer on-line story last week, the Ballfield Committee voted to terminate the contract and have advertised for a landscaper. Why are we skeptical?
The highly publicized termination came soon after the disclosure that Leone used a Pottle Street hydrant to hydroseed areas of the field. It was reported that no meter was utilized and no backfill valve was attached. Current information shows that no seeding took place and a field worker indicated that a portion of the field was being wet down to control dust. Ballfield Committee members were quick to point out a host of problems with Leone which they say were ongoing for a long period of time. Their criticism, specifically by Ballfield Chair Ted Alexiades was particularly cutting. Although Leone will not speak to the press, informed sources reveal that conditions at the field would make it virtually impossible for anyone to complete the job according to specifications. Some of the issues affecting the timely completion of the fields include:
A check with contacts in the Worcester area describe Kevin Leone as a hard working professional who started the business while a sophomore in high school. He survived the hard times of the early 90's and the company grew to be one of the largest in the area. One particularly annoying issue is the constant flow of traffic through the site by customers getting to the paintball business that serves as an abutter. The owner has a legitimate right-of-way and we have observed many vehicles driving across fields being raked. The committee has refused to deal with the right of way issue in a timely or forth coming manner. (In fact Alexiades ordered the right-of-way to be blockaded with a locked gate and adorned with a blizzard of "No Trespassing" signs.) No public meeting should ever be held at a location that is remote, not handicapped accessible, and marked with "Pass At Your Own Risk" and "No Trespassing". All these impediments were in play when the Committee met at the unfinished fields Monday night. The Committee could have held a site walk and then convened a public meeting at the Reed Building. To conduct a termination under these conditions, with the absence of Leone is laughable. One could conclude that Kevin's Landscaping was being set up as a scapegoat for whatever flaws exist or would surface in the future at the ballfields. The project is riddled with so many deficiencies and discrepancies that a scapegoat would appear to be an absolute necessity. The Leone roast already has a familiar scent. Dick DiBenidictus, the project's original engineer received a similar sendoff when he was summarily dismissed. He may yet be resurrected to explain other flaws (even though they never happened on his watch). A particular concern is the availability of sufficient water at sufficient pressure. We wonder if the field's irrigation system actually works properly. THE DILEMMA If we are correct that Leone will stay on, it can only mean that the Committee has done a reality check and realize that they have tenuous grounds upon which to terminate. Generally contracts of this magnitude provide far more in-depth protocols before severance. Leone never struck us as a shrinking violet. Council who will be guiding all the moves that will surely follow must certainly represent him. Watch for a meeting of the Ballfield Committee to occur this next week. They will probably evoke Executive Session so they can undo in secret what they did in public. When Ted Alexiades was pleased with our most recent coverage, we knew that there must be something yet to be determined about this story. The firing was clearly a calculated move in Alexiades' chess game. How to win back board position will be a problem for him - especially if the other pieces begin to move independently. The Observer has been the beneficiary of inside information from numerous sources and, as a result, have filed several Freedom of Information requests with Town Administrator Kevin Donovan. We are particularly interested in information that would support or refute the decision to terminate Leone's contract. WHAT TANGLED WEBS We are still wondering how a termination can be made at a time when the Chief Procurement Officer (Kevin Donovan) is out of town on vacation. Donovan left Kingston at 2:00 last Monday, about four hours prior to the termination vote. By 4:00 the next afternoon an advertisement for bid was submitted to the Central Register in order to make deadline for publication this Wednesday. Who authorized that submission or its language? It sounds to us like the deal was in place prior to any public decision and vote. For whatever reason, Leone was blackballed. The water hydrant gaffe provided a convenient excuse for what was already planned. What we saw was classic Ted. He saw an opportunity, moved on it and stampeded a reluctant committee into an uneasy vote which will now be examined in detail. One would conclude, that if a new contractor was actually ever hired, Leone would probably be forced into slapping an injunction against the town to stop all work. How else could he preserve the "evidence" necessary for an effective defense? No independent authority has had any opportunity to inspect the grounds and make a pronouncement as to the work quality Alexiades has called the termination a divorce and said "we're not going to be married anymore". It appears, however, that the partner is still occupying the bedroom. Make no mistake about it, Alexiades will not be happy with anything short of a complete victory on this matter and he will not get it. What will be interesting is what kind of spin he will place on the post-nuptial agreement he will be forced into. WHAT NEXT? When contacted by the Observer this evening, Alexiades said "He has seven days to vacate the property, I don't expect anything different." As far as Ted is concerned "Leone is only there to get in as much billable time as possible." According to Ted, the contract carries a seven day termination notice. The story however, is far from over. It will continue with one of the next Ballfield gatherings, which could be called as an "emergency" meeting. They are clearly in more of a pickle then Leone. Their allegations against Leone have raised public questions that demand public answers. The public has a right to know, in detail, the specifics of the so called problems and what have we done about them. Has there been a trail of communication from each side in this matter? We have seen none of the problems Ted has eluded to ever appear in the Minutes of the Committee. If there is no acknowledgement of problems, how is a remedy possible? Follow this website as the onion unravels. ---------------------------------------- Yet Another
Pottle St. Ballfield Project 'glitch' By Dan Sapir Commission policy requires a $750 deposit for the use of a water meter and backflow prevention device. "Especially when doing hydro-seeding" according to Svenson who said a malfunction from the seeding truck could send seed and fertilizer sucking back into the hydrant. "That’s also our drinking water" said Svenson who explained that the metered water use would be charged along with the equipment costs. "Whatever may be left is returned to the applicant." When caught, the operator said he thought it was ok because it was a municipal project. Svenson told the Observer that the cost should be part of the contractors obligation and have already been worked into the job bid. "Besides, they have a well down there. A generator and some labor could provide their water, but tapping a hydrant is easier." This is just the latest in a year-long string of events that have subjected the Ballfield Committee to sharp criticism. For more detailed information and updates, log on to www.kingstonobserver.com. |
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