2012-08-27_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John
Common Council Meeting
Monday, August 27, 2012
Location: Common Council Chamber
Supplemental to Agenda
11.3 Press Releases (Councillor Fullerton)
11.4 Disclosure of Lawsuits Underway or Being Contemplated by the City (Councillor
Fullerton)
11.5 Disclosure of Lawsuits being Advanced against the City (Councillor Fullerton)
11.6 Authority to Commence Lawsuit on behalf of the City (Councillor Fullerton)
12.4 City Manager: Contract No. 2012 -26: 900mm Diameter Water Transmission
Main Electromagnetic Inspection — Forest Street to Reversing Falls
12.5 City Manager: Contract No. 2012 -24: Harbourview Subdivision — Seaward
Crescent Well House Upgrades
12.6 City Manager: Appointment of a Heritage Officer Pursuant to the Heritage
Conservation Act
12.7 City Solicitor: Outside Legal Services Fees
13.2 Saint John Development Corporation: Meeting Request for September 10, 2012
The City of Saint John
August 27, 2012
Dear Mayor Norton and Fellow Councillors:
Subject: Press Releases
feel that it is vital that the Mayor and Common Council are all totally informed of all important
matters that are going on in the City. We should not hear these "on the street" or learn of them
from the media.
MOTION: That all Press Releases and the like (barring emergencies) be sent to the Mayor and
all members of Common Council at least one day (24 hours) prior to them being released to the
media. Emergency Press Releases (such as boil water orders) will be sent to the Mayor and all
members of Common Council simultaneously with the Media.
Respectfully Submitted,
Susan Fullerton
Councillor
(received via email)
; RUNI 101— ' I' C7. Box 1971 liil Jti�ttl, try zPia a E L L`i I v�wru.ti din9 tahoi.caz I .La 197 � tint John, N.-B. t r��tc o� F�L 411
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The My of saint John
August 27, 2012
Dear Mayor Norton and Fellow Councillors:
Subject: Disclosure of all Lawsuits Underway or Being Contemplated by the City
I feel that it is vital that the Mayor and Common Council are all totally informed of all important
matters that are going on in the City. We should not hear these "on the street" or learn of them
from the media.
MOTION: That all lawsuits presently underway or being contemplated by the City be disclosed,
in detail, to Mayor and all members of Common Council immediately, and that this is done in
each and every instance going forward.
Respectfully Submitted,
Susan Fullerton
Councillor
(received via email)
S rtNIT 1'n I ii 110. Box 1971 SaintJahn, NB Candle P-L4L1 I r WW.Sd11tj0 h�1xa I C.^ 1971 Saint.1ohn, N..A Canada EL4L1
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The City of faint John
August 27, 2012
Dear Mayor Norton and Fellow Councillors:
Subject: Disclosure of all Lawsuits being Advanced Against the City
feel that it is vital that the Mayor and Common Council are all totally informed of all important
matters that are going on in the City. We should not hear these "on the street" or learn of them
from the media.
MOTION: That all lawsuits currently being advanced against the City, and all lawsuits being
contemplated against the City, of which the City is aware, be disclosed, immediately, in detail,
to the Mayor and all members of Common Council, and that this is done in each and every
similar instance going forward.
Respectfully Submitted,
Susan Fullerton
Councillor
(received via email)
W ff
1JNT 10.R?e P.O. Box 11971 Saint John, NB Canta& LPL 4L1 I vVwW.saintjohJ1xa I C.f? 1471 Saint John, NA. Canada E2L41-1
The City of Saint John
August 27, 2012
Dear Mayor Norton and Fellow Councillors:
Subject: Authority to Commence Lawsuit on behalf of the City
I feel that it is vital that the Mayor and Common Council are all totally informed of all important
matters that are going on in the City. We should not hear these "on the street" or learn of them
from the media.
MOTION: That City Staff be directed to explain to Council who has the authority to commence a
lawsuit or similar action on behalf of the City, and other related information.
Respectfully Submitted,
Susan Fullerton
Councillor
(received via email)
SALIN'1' I (AI N PCI. Ek).- 1971 C: wAa EA 4 1
ww%,/-s&FAjohn.tai I C.V 1971 Sabit, hhn, N- R- Ciwda FA 4L I
REPORT TO COMMON COUNCIL
M &C2012 -217
August 21, 2012
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
The City* of S?a[ Phia
SUBJECT: Contract No. 2012 -26: 900mm Diameter Water Transmission Main
Electromagnetic Inspection — Forest Street to Reversing Falls
BACKGROUND
The 2012 Water & Sewerage Utility Fund Capital Program includes funding for the detailed
inspection of the 900mm concrete pressure pipe (CPP) water transmission main from Forest
Street to the Reversing Falls Bridge.
The work to be done under this contract includes the supply of all necessary labour, materials
and equipment for the completion of the work which consists generally of:
Electromagnetic inspection of the concrete pressure pipe
• Internal HD CCTV video of all piping
• Analysis and report of findings
• Repair and modifications to various valve and access chambers
• Removal and replacement of various bolts, gaskets and fittings at access chambers
Restoration of disturbed grounds and streets at access points.
TENDER RESULTS
Tenders closed on August 21, 2012 with the following results:
1. Keel Construction Ltd., Grand Bay - Westfield $359,509.50
The Engineer's estimate for the work was $388,477.00.
ANALYSIS
The tender was reviewed by staff and it was found to be formal in all respects. Staff is of the
opinion that the tenderer has the necessary resources and expertise to perform the work and
recommend acceptance of their tender.
M &C2012 -217
August 21, 2012
Page 2
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2012 Water & Sewerage Utility Fund
Capital Program. Assuming award of the Contract to the tenderer, an analysis has been
completed which includes the estimated amount of work that will be performed by City forces
and others.
The analysis is as follows:
Budget
Project net cost
Variance (deficit)
$250,000.00
$394,253.72
$144,253.72
The original project budget was prepared with very preliminary information. During the design
phase a detailed engineering review of the pipeline chambers was conducted and it was found
that they were in need of more repair work than originally anticipated, so the scope of the project
was increased to account for the conditions found in the field. On July 16, 2012 (M &C 2012-
188) Staff reported the 1500mm and 1350mm Diameter Concrete Pressure Pipe Electromagnetic
Inspection contract had a positive budget variance of $154,249.12. The funding offset will come
from this previously awarded pipeline inspection project.
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract 2012 -26: 900mm Diameter Water Transmission Main
Electromagnetic Inspection - Forest Street to Reversing Falls be awarded to the tenderer, Keel
Construction Ltd., at the tendered price of $359,509.50 as calculated based upon estimated
quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
Respectfully submitteA,
Dean Price, P. Eng.
Municipal Engineer
vI
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
Brian Keenan, P. Eng.
Engineering Manager
4 V1
atrick Woods, CGA
Manager
REPORT T COMMON COUNCIL
M &C2012 -219
August 22, 2012
His Worship Mayor Mel Norton
& Members of Common Council
Your Worship and Members of Council,
SUBJECT:
CONTRACT NO. 2012 -24:
HOUSE UPGRADES
BACKGROUND
HARBOURVIEW SUBDIVISION
The City of Saint John
SEAWARD CRESCENT WELL
The 2012 Water & Sewerage Utility Fund Capital Program includes funding for the upgrading of
the Seaward Crescent Well House in the Harbourview Subdivision, including design and
construction management services. This upgrade will allow for the chlorination of the water
supplied by the Seaward Crescent Well.
This work consists generally of the supply of all necessary labour, materials and equipment for
installation of the new well house components at Seaward Crescent including chlorine
disinfection, pressure tank, process piping, valves, chemical metering pumps, instrumentation,
controls, yard piping and civil works.
TENDER RESULTS
Tenders closed on August 22, 2012, with the following results:
1. Fairville Construction Ltd. $246,283.50
2. Galbraith Construction Ltd. $266,069.80
3. Terraex Inc. $298,856.75
4. Gulf Operators Ltd. $320,434.10
The Engineer's estimate for the work was $263,600.00
M & C 2012 -219
August 22, 2012
Page 2
ANALYSIS
All tenders were reviewed by staff and were found to be formal in all respects. Staff is of the
opinion that the low tenderer has the necessary resources and expertise to perform the work, and
recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
This contract involves work that is to be charged to the 2012 Water & Sewerage Utility Fund
Capital Program. Assuming award of this contract to the low tenderer, the following analysis
has been completed which includes work that will be carried out by City Forces and others.
Budget
Project net cost
Variance (surplus)
$430,000.00
$31 5,757.11
$114,242.89
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract No. 2012 -24: Harbourview Subdivision Seaward Crescent
Well House Upgrades, be awarded to the low tenderer, Fairville Construction Ltd., at the
tendered price of $246,283.50 as calculated based upon estimated quantities, and further, that the
Mayor and Common Clerk be authorized to execute the necessary contract documents.
-fiv✓' Kevin O'Brien, P. Eng.
Municipal Engineer
Wm. Edwards, P. Eng.
Commissioner
Transportation and Environment
Brian Keenan, P. Eng.
Engineering Manager
f J. atrick Woods, CGA
y Manager
REPORT TO COMMON COUNCIL
M & C — 2012 -218
August 22, 2012
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
niin
The City of saint jbhn
SUBJECT: Appointment of a Heritage Officer Pursuant to the Heritage Conservation Act
INTRODUCTION
Section 54 of the New Brunswick Heritage Conservation Act provides that:
For the purpose of assisting a heritage board in carrying out its duties, the council may
appoint a heritage officer who shall carry out the duties assigned to him or her under this
Act or the by -laws under this Act.
DISCUSSION
Ms. Sarah Herring, one of the City's planners, will be providing support to the Heritage
Development Board (HDB) until such time as a replacement is found to fill the position of
Heritage Architect /Analyst. This is necessary to ensure that Certificates of Appropriateness can
be issued and appropriate follow -up on conditions adopted by the HDB takes place.
RECOMMENDATION:
It is recommended that Common Council appoint Ms. Sarah Herring as a Heritage Officer for the
City of Saint John pursuant to Section 54 of the New Brunswick Heritage Conservation Act.
Respectfully submitted,
_/ �11 0,z 70, � _ L A
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
atrick Woods, C.G.A.
Manager
The My of Saint ]oLn
August 21, 2012
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Outside Legal Services Fees
City Solicitors Office
Bureau de Pavocat municipal
Common Council at its open session meeting of the 9th day of July,
adopted the following resolution:
That Council direct City Staff to disclose all legal fees
(excluding those connected to the Ferguson trial) that have
been charged to us by outside firms, during the years 2007,
2008, 2009, 2010, 2011 and up to June 30 of 2012. The
details of these expenditures are to include: name of firm,
name of lawyer, date of work, description of work done,
requested by whom, on what file and total bill.
This report has been prepared as a result.
The information contained herein is based upon the amounts charged to
the Outside Legal Counsel Budget in the City Solicitor's office for the
years in question. Those amounts are comprised of two categories of
expense:
1. Charges for legal services which are documented by invoices
received by this department, and
2. Expenses which, for a variety of reasons, were charged to the
Outside Legal Counsel Budget though they were not for legal
services.
The detailed breakdown of the information is set out by year in Schedule
"A" with one exception. That exception is the legal service expense
associated with the P3 Procurement Proposition for the Peel Plaza
(q.;�f
SAINT JOHN
RO. Box 1 971 Saint john, NB Canada E2L 4L1 I w ww.saintjohn.ca " CA 1 971 Saint john, N. -8. Canada E2L 4Li
Common Council
August 21, 2012
City Solicitor
Page 2
Project. In the latter case, the assessment of the merit of a P3 approach
to the proposed development required the generation of considerable
contractual documentation together with the associated legal groundwork.
The legal services attributable to that project were invoiced to this
department but were paid from the capital budget for the project. The
legal expenses associated with the P3 Peel Plaza Proposition are set out
separately by year in Schedule "B ".
The amounts charged to the Outside Legal Counsel Budget for each of
the years 2007 through 2011 are as follows:
2007
$30,475.00
2008
$83,389.19
2009
$209,369.01
2010
$91,310.95
2011
$57,492.56
Total charges to the Outside Legal Counsel Budget for 2012 to August 1,
2012 are $13,267.09. Of that amount, $7,335.53 is actually attributable to
legal services, the balance being for translation services provided by the
University of Moncton.
You will see in examining Schedule "A" that a significant portion of those
amounts were in fact not paid for outside legal services. For example, in
2009 when the amount charged to the Outside Legal Counsel Budget was
greatest ($209,000) approximately 60% of that amount ($122,000) was
made up of non -legal service charges. That circumstance can occur when
the operating department to which the matter relates does not have a
budget for the expense in question and as a matter of convenience from
an accounting perspective, that expense is charged to the Outside Legal
Counsel Budget. The year 2010 provides another good example of that
sort of arrangement: A settlement of $72,500 was paid in a personnel
matter that year and rather than being charged against the operating
budget of the employee's department, or the HR budget, it was charged to
the Outside Legal Counsel Budget. The City's share in the cost of an
Arbitration Panel in a lease dispute, being $6,355.04 was also charged to
that budget. The total charges to the Outside Legal Counsel Budget for
2010 was $91,310.95 when in fact only $12,738.02 was actually for
outside legal services.
Common Council
August 21. 2012
City Solicitor
Page 3
The amounts expended on outside legal services for the years in question
(with the exception of the Peel Plaza P3 Procurement Proposition which is
dealt with separately) for the years in question are as follows:
2007
$30,475.00
2008
$83,389.19
2009
$90,554.30
2010
$12,738.02
2011
$31,358.37
2012
$13,267.09 (to August 1)
Three files have accounted for the majority of those expenses —
proceedings involving Debly Enterprises and two personnel matters. The
percentage of outside legal services costs attributable to those three files
in each of the years in question is:
2007
33%
2008
76%
2009
85%
2010
43%
2011
90%
The balance of the outside legal expense costs were attributable to more
than 20 discrete matters.
In the case of the legal services required in conjunction with the Peel
Plaza P3 Procurement Proposition we conducted an RFP in recognition of
the fact that this engagement would be very substantial both in terms of
the extent of services to be provided and the associated cost. The details
of those costs ($486,204.58) are as indicated set out in Schedule "B ".
From the outset of that engagement we were very attentive to assuring
that we would capitalize upon the opportunity to acquire a measurable
level of in -house competence in this area which will undoubtedly be useful
in the future.
There are a number of factors which can give rise to the engagement of
outside legal services. The three most prevalent, though not the only, are:
1. the requirement for extensive familiarity and a corresponding depth
of experience in an area of law which we very seldom, if ever,
encounter. The P3 Procurement Proposition is a good example;
Common Council
August 21, 2012
City Solicitor
Page 4
2. the anticipated time commitment required by a file would make it
impracticable to undertake the work while maintaining the expected
level of service which the department provides to Common Council
and the administration. The Debly Enterprises proceedings
represented a time commitment of that dimension; and
3. when in my assessment it is warranted to obtain a comment from
someone with a specialized focus in their practice upon a position
or opinion which we have developed in an area with which we do
not normally deal.
The information provided makes it abundantly clear that the expenditure
for outside legal services varies greatly and it is dependent upon initiatives
undertaken by the City from a policy perspective as well as initiatives
taken by others with whom the City deals. The engagement of outside
legal services occurs only when, in my view, to do so is reasonably
necessary to serve the best interests of the City.
Respectfully Submitted,
.....:....
J
John L. Nugent
City Solicitor
SCHEDULE "A"
OUTSIDE LEGAL FEES
Actual
Total of
Fees Billed
Disb
HST
Total Sill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid *
2007
$30,475.00
$30,821.93
$176.00
$1.90
$177.90
Gowling Lafleur
City of SJ V.
Application for leave to Supreme
Henderson
Amalgamated
Court of Canada - Agency Fee
Transit Union
Local 1182
$425.00
$4.28
$60.10
$489.38
Stewart
JGP
Personnel
Review of relevant circumstances of
$617.50
5.28
87.19
709.97
McKelvey
1.25 @ $340
Matter #1
resignation; Opinion regarding
$3,100.0
119.06
450.67
3669.73
J. Gordon Petrie,
1.9 @ $325
employee's demands; related
$4,142.50
128.62
597.96
4,869.08
Q.C.
8.75 @$325.26
matters, meeting with Council;
Clarence
CLB
advice re Human Rights Complaint
Bennett
1.75 @
$145.11
$1,243.33
$174.07
$1,417.40
Kenny &
4.9 @ $250
Pension Board
Consultations with Lynda Farrell;
Murray
Issues
Response to motion; Preparation of
RLK
Opinion.
$125.00
$67.47
$19.25
$211.72
Gorman Nason
Pro Co Hockey
Registration of a Judgment under
Frank P. Hamm
Inc.
the PPSA of NB
$1,813.00
$114.80
$269.89
$2,197.69
McInnes Cooper
MT
Debly
Defence and Counterclaim against
Matthew Hayes
7.4 @$245
Enterprises
suit from Debly Enterprises
Limited
$1,494.50
$1.68
$209.47
$1,705.65
McInnes Cooper
Contract Review - Revision of
Matthew Hayes
Division 6, General Specifications
$1,163.25
$437.45
$224.10
$1,824.80
Stewart
KBM
Debly
Advising re claim against Debly
McKelvey
1.5 @$350
Enterprises
Enterprises Limited arising out of
Ken McCullogh
JMTP
Limited and
defects and deficiencies to Rothesay
Janet Thompson
3.45 @$185
ADI Ltd.
Avenue rehabilitation.
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
Price
$900.00
$19.51
$128.73
$1,048.24
Stewart
2.6 @346.15
Debly
Discovery
McKelvey
Enterprises
Ken McCullogh
Limited and
ADl Ltd.
$4,448.00
$229.20
$654.81
$5,332.01
Stewart
FCM -$320
Conflict
Review relevant legislation,
McKelvey
DL -$160
Opinion
preparation of research memo;
Fred McElman
further research and preparation of
D. Lamont
opinion
$3,409.00
$332.61
$279.94
$2,317.05
Barry Spalding
$200
City of Saint
Undertakings and setting down for
($1,704.50)
Donald V.
John ats Titus,
trial, Pre -trial brief, settlement
(1/2 paid by
Keenan
Terrance
insurer)
$8,206.50
$146.80
$1,166.45
$9,519.75
Barry Spalding
$250
Pension Plan
Opinion re Pension plan and
David O'Brien
Matters
ongoing litigation also a "teach -in"
NM MacPhee
on "qualified privilege" re
defamation law re municipal
councillors
TOTAL
$25,416.58
$1,480.04
$3,724.67
$30,621.29
2008
$83,389.19
$87,463.27
$ 1,780.00
$ 60.59
$ 257.68
$ 2,098.27
Stewart
KBM
Debly
Affidavit of Documents arranging
$ 7,000.00
$ 141.75
$ 928.43
$ 8,070.18
McKelvey
6.5 @ $350
Enterprises Ltd.
discovery; Preparing Supplemental
$ 1,577.00
$ 21.00
$ 207.74
$ 1,805.74
Ken McCullogh
45.75 @360
and ADI Ltd.
Affidavit of Documents reviewing
$18,000.00
$2,860.71
$2,711.89
$23,572.60
Jeff Burgess
JB
answers to undertakings; Issues re
$10,000.0
673.69
$1,387.58
$12,061.27
Janet M.
1.5 @ $85
expert; Proposed press release; etc.;
$38,357.00
$3,757.74
$5,493.32
$47,608.06
Thompson -Price
JMTP
Discovery scheduling; Revising
101.0 @190
Affidavit of Documents;
Reviewing documents of Debly and
CSJ and delivery of documents to T.
O'Neil; Preparation for discovery;
Preparation of abridged affidavits;
Year
Actual
Amount
Paid
Total of
Invoices
Fees Billed
Disb
HST
Total Bill
Law
Firm /Lawyers
Hourly Billing
Rate
File
Work Done
Attend discovery; Responses to
undertakings
$1,500.00
$ 25.17
$198.27
$1,723.44
Stewart
JGP
Personnel
Review correspondence,
$1,005.00
$ 27.34
$134.20
$1,166.54
McKelvey
4.0 @ $375
Matter #1
documentation; preparation of
$4,020.00
$137.73
$540.50
$4,698.23
J. Gordon Petrie,
3.0 @ $335
correspondence, documentation;
$4,271.25
$218.05
$583.60
$5,072.90
Q.C.
12.0 @$335
meeting with Common Council;
$ 167.50
$ 9.70
$ 23.04
$ 200.24
.5 @ $335
Settlement proposal assessment
$ 420.00
$ 9.05
$ 55.78
$ 484.83
1.25 @ $336
and response, etc.
$1,500.00
14.98
$196.95
$1,711.93
4.5 @ $333.33
$12,883.75
$442.02
$1,732.34
$15,058.11
$428.50
$55.71
$484.21
McInnes Cooper
MH
Debly
Amended defence; Research re
Matthew Hayes
1.3 @$245
Enterprises
second discovery
BP
Limited
21.0 @$110
Online
research
.10 @$100
Account
discounted by
$2154.29 as
student was
used to
complete file
$2,020.50
4.55
263.26
2,288.31
Barry Spalding
DGO
Pension Plan
Supplementary opinion; Attend
David O'Brien
6.4 @ $250
Matters
Council
N. MacPhee
NMM
2.9 @ $145
$395.00
20.15
53.97
469.12
Cox & Palmer
RFG
Dexter
Build to Lease Contract; Offer to
Raymond F.
1.2 @ $300
Construction
Lease and Lease
Glennie
Associate
Company Lease
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
.2 @ 175
864 -898 Dexter
Road
$1,975.00
$13.40
$258.49
$2,246.89
Cox & Palmer
FOL 9.9(@$300
Saint John
Opinion re trust agreement;
$1,110.0
27.30
$147.85
$1,285.15
Franklin 0.
GWO .3 @$320
Horticultural
Reviewing draft Deed of Gift
$3,085.00
$40.70
$406.34
$3,532.04
Leger
Associate
Association -
Gerald W.
.2(@$35
Emera
O'Brien
Brunswick
Pipeline Co.
$1,890.00
.82
$245.81
$2,136.63
Morrison Pierce
6.3 @ $300
City of SJ re
Peruse documents, telephone
Barry Morrison
Keith Rowe
discussions, etc.
$289.50 -1/2 =
$37.64 - Xt _
$327.14 (pay
Lawson
City of SJ re
Costs with respect to generating the
$144.75
$18.82
Y2)
Creamer
Keith Rowe
Joint Book of Essential References
163.57
$8,500.00
$178.10
$1,128.15
$9,806.25
Cox & Palmer
FOL
The Hardman
Reviewing Colliers International
Franklin O.
24.2 @ $300
Group re
proposal; Review Letters Patent re
Leger, Q.C.
RFG
Development
Saint John Port Authority; Role of
Raymond
3.7 @ $300
of Coast Guard
legal counsel; Preparation of memo;
Glennie
EAK .2 @$240
Site
Review draft consulting services
Elizabeth Kelly
JR .3 @$80
agreement with Colliers
Jennifer
SP .3 6D100
Rockwell
Assoc .2 @$35
Sarah Percival
Associate
$1,327.50
$543.00
$174.53
$2,045.03
Gorman Nason
Purchase from
Closing details, etc.
Ralph D. Poley
Jeffries
$352.58
$1.40
$46.02
$400.00
Barry Spalding
117 Union
Negotiations with City Hall Lori Roy
Howard A.
Street
Spalding
$1,940.00
$45.50
$258.12
$2,243.62
Clark Drummie
Waste Water
Reviewing agreement, research,
Terrance W.
Treatment
meeting Terra Bradford and Koren
Hutchinson,
Contribution
re status
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
Q.C.
Agreement
$300.00
$39.00
$339.00
C. Dwight
Adjudication
PI #00361022 -406 Bay Street,
Allaby
Saint John, NB
TOTAL
$71,479.83
$5,178.73
$9,915.39
$86,573.95
2009
$209,369.01
$145,057.50
$3,852.50
$ 2.68
$ 501.18
$ 4,356.36
Stewart
1GP
Personnel
Meetings and working on proposals,
$5,058.75
$ 45.99
$ 663.62
$ 5,768.36
McKelvey
11.5 @ $335
Matter #2
pension issues, counter - proposal;
$4,100.00
$ 11.34
$ 534.47
$ 4,645.81
J. Gordon Petrie
14.25 @ $355
Pension plan discussions; Research
$6,413.75
$ 45.68
$ 839.73
$ 7,299.16
Andrew
11.5 @
re Pension issue, Rule 16 and
$8,000.00
$163.20
$1,061.21
$ 9,224.41
McMackin
$356.52
Municipalities Act, cases; Meetings
$5,680.0
107.01
752.31
$6,539.32
15.25 @$355
and Research re pension issues;
$33,105.00
$375.90
$4,352.52
$37,833.42
22.25 @359.55
Meeting with representatives;
16.0 @ $355
Drafting tentative agreement,
AM
release, etc.
22.25@ $44.94
$2,600.00
$96.96
$350.60
$3,047.56
Stewart
JGP
Personnel
Telephone conference re mediation;
$ 275.00
$ 35.75
$ 310.75
McKelvey
7.75 @
Matter #1
Attendance at application re conflict
$2,220.00
$23.77
$291.69
$2,535.46
J. Gordon Petrie
$335.48
and bias; Proposal re settlement;
$1,507.50
$ 7.00
$196.89
$1,711.39
Clarence
.75 @ $366.67
Attend Council; Confer on
$1,950.00
$97.70
$266.20
$2,313.90
Bennett
6.25 @
resolution of complaint; Fiduciary
$ 355.00
$ .95
$ 46.27
$ 402.22
$355.20
responsibility
175.00
LL97
23.01
199.98
4.0 @ $355
$9,082.50
$228.35
$1,210.41
$10,521.26
5.5 @ $354.55
1.0 @ $355
.5 @ $350
CLB
.5 @ $175
$15,552.00
$ 975.25
$2,148.54
$18,675.79
Stewart
KBM - 28.65
Debly
Responses to undertakings; Prepare
9 856.50
2 075.66
$1,551.19
$13,483.35
McKelvey
@$375.00
Enterprises Ltd.
and attend discovery; Preparing
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
$25,408.50
$3,050.91
$3,699.73
$32,159.14
Kenneth
JMTP — 36.70
and ADI Ltd.
responses to undertakings
McCullogh
@$131
Janet
Thompson -Price
$2,500.00
$78.40
$335.19
$2,913.59
Barry Spalding
10 @$250
Pension Plan
Review CA decision; Review N.
David O'Brien
Matters
MacPhee opinion; review of
previous opinion and documents;
Prepare for Council meeting
$15,283.00
$185.32
$2,010.88
$17,479.20
Barry Spalding
NMM
Representing
Opinion addressing Consent Order;
N. MacPhee
55 @$145
City in
Motion
J. Barry, Q.C.
JPB
Litigation —
M. Aresenault
22.05 @$330
Access to
MA .30 105
Closed Session
Minutes
$6,779.00
$118.98
$344.90
$7,242.88
John Emery
Engineer
Forensic
Geotechnical
25 @$156
Engineering
Engineering
Geotechnical
Services for the
Limited
Engineer 5 @
City of Saint
$140.00
John regarding
Pavement
the Rothesay
Engineer
Avenue
160)$52
Reconstruction
Senior
Project Phase 3
Technical
Contract No.
5.5(@$68
2005 -02
Engineering
Assistant 11
@$52
$1,757.25
$228.44
$1,985.69
Stewart
$335
Firefighters
Interest arbitration and report to
248.50
32.31
2 80.81
McKelvey
Negotiations
Council; Outhouse Arbitration
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
2,005.75
$260.75
$2,266.50
William Goss
Award
$1,865.00
$18.55
$244.86
$2,128.41
Cox & Palmer
6.1 @$300
Letter of
Opinion on insurance issues
Doug Evans
.2 @$35
Opinion
Associate
$500.00
$65.00
$565.00
Gorman Nason
3.23.2 a
Clean
Research case law and Charter
Peter MacPhail
Environment
issues
Act
$2,850.00
$169.50
$ 392.54
$3,412.04
Clark Drummie
11.4 @$250
Arbitration
Arbitration under Lease - Reversing
$1,500.00
$ 195.00
$1,695.00
Willard Jen° °
Falls Restaurant & 056975 N.B. Ltd.;
$3,500.00
46.75
461.08
$4,007.83
Attend Arbitration Board Hearing;
$7,850.00
$216.25
$1,048.62
$9,114.87
Attending meeting of Arbitration
Board in preparation for hearing;
Attend Arbitration Hearing
$5,945,00-
$59.80- Y _
$780.62-
$6,785.42- Y2=
Cox & Palmer
19.7 @ $300
Arbitration
Attend arbitration Hearing; Various
%= $2,972.5
$29.90
%= $390.31
$3,392.71
Raymond
consultations
Glennie
$16,000.00
$2,080.00
$18,080.00
Price
80 @ $200
Arbitration
Review Grant Thornton report;
Waterhouse
Attend arbitration as expert
Coopers
$75,000.00
Settlement Funds re Arbitration
$994.00
$129.22
$1,123.22
Stewart
2.8 @ $355
Milford
Options
McKelvey
McBrien
William Goss
TOTAL
$199,345.25
$4,302.56
$16,172.39
$219,820.20
2010
$91,310.95
$17,178.22
$ 710.00
$ .60
$ 92.38
$ 802.98
Stewart
2.0 @ $355
Personnel
Human Rights Complaint, insurance
$1,065.00
$ .73
$138.54
$1,204.27
McKelvey
3.0 @ $355
Matter # 1
issues; Correspondence and
$ 800.00
$ .45
$104.06
$ 904.51
Gordon Petrie
2.25 @
consultations with Ross Haynes and
$1,330.00
$ .29
$172.94
$1,503.23
$355.56
J. Nugent
L,575.00
21.25
$337.52
2 933.77
3.75 @
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
$6,480.00
$23.32
$845.44
$7,348.76
$354.67
7.25 @
$355.17
$72,500.00
$72,500.00
Settlement Funds re Personnel Matter #1
$1,875.00
$243.75
$2,118.75
Clark Drummie
7.5 @ $250
Arbitration
Arbitration under Lease - Reversing
$1,000.0
130.00
$1,130.00
Willard Jenkins
4.0 @ $250
Falls Restaurant and 056975 NB Ltd.
$2,875.00
$373.75
$3,248.75
Meeting with Arbitration Board and
finalize arbitration decision; Review
decision, meeting Board finalize
explanation
$1,434.00-
$2,355.10-
$492.58-
$4,281.68-
Cox & Palmer
1.9 @ $300
Arbitration
Arbitration under Lease - Reversing
%= 717.00
1/2= $1,177.55
1/2= $246.29
1/2= $2,140.84
Raymond
7.9 @ 320
Falls Restaurant - Consultations with
$ 1,664.00-
$ 44.75 - %_
1222/14 -1/2
$ 1,930.89 - Y
Glennie
W. Jenkins and Mr. Allaby re
y = 832.00
22.38
=$111.07
= 965.45
preparation of Arbitration Decision
$1,549.00
$1,199.93
$357.36
$3,106.29
$75.00
$13.75
$11.54
$100.29
Kenny Murray
Providing research materials from
Digdon
NB Law Library
Donovan
$3,307.50
$300.00
$468.98
$4,076.48
Barry Spalding
14.7 @ $225
City of SJ V. SJ
Research, drafting opinion re appeal
Chantal
Fire Fighters'
issue
Thibodeau
Assoc., Local
771
$468.00
$5.00
$61.49
$534.49
Cox & Palmer
3.6 @130
By -law
Review file, attend Provincial Court
Kristen Murphy
Enforcement
$600.00
$78.00
$678.00
Kenny Murrary
Picking up documents, having them
Digdon
copied and served
Donovan
TOTAL
$87,854.50
$1,542.00
$2,196.56
$91,593.06
2011
$57,492.56
$44,946.88
$7,803.00
Translation of An Act to Amend the city of Saint John
4185.00
Pension Act and Notice of Legislation - City of Saint
o This figure reflects the HST partial rebate
Actual
Total of
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Amount
Invoices
Firm /Lawyers
Rate
Paid
$11,988.00
John Pension Act
$1.335.00
$3.15
$173.96
$1,512.11
Barry Spalding
4.45 @ $300
Potential
Review and amend agreement,
David O'Brien
Litigation
review case law re injunctions
$ 302.00
$ 39.26
$ 341.26
McInnes Cooper
Tax Matter
Opinion, generation of
$ 516.00
$ 67.08
$ 583.08
Henry Visser
.1 @ $440
documentation
$1,376.00
$178.88
$1,554.88
Bruce Russell
4.9 @ $430
$2,194.00
$285.22
$2,479.22
Hugh Wright
.1 @ $430
$ 8,262.70
$ 117.00
$1,089.36
$ 9,469.06
Stewart
Debly
Preparation re witnesses, review
$13,416.50
$ 79.00
$1,754.42
$15,249.92
McKelvey
Enterprises Ltd.
evidence, opinion; Notice of
2,023.50
$1,144.92
402.15
S 3,570-57
Kern McCullogh
26.70 @
and ADI Ltd.
Motion and affidavit, analysis of
$23,702.70
$1,340.92
$3,245.93
$28,289.55
$284.09
claim summary, undertakings,
2.4 @ $400
Notice of Trial and Trial Record,
4.4 @ $420
attend motion, notify witness
Janet
2.90 @ 233.62
Thompson-
55.2 @ 224.76
Price
.4 @ $125
Alison Eustace
.7 @ $195
Vanessa Patton
.3 @ $130
Claire Gillivan
$14,146.19
$14,146.19
Payments to AON Hewitt
TOTAL
$53,365.89
$1,344.07
$3,705.11
$58,415.07
o This figure reflects the HST partial rebate
Personnel Matter #1 $37,797.21 + settlement in the amount of $72,500.00
Personnel Matter #2 $37,833.42
Debly Enterprises and ADI Ltd. $113,611.69
SCHEDULE "B"
OUTSIDE LEGAL FEES -- PEEL PLAZA PROJECT
Fees Billed
Disb
HST
Total Bill
Law
Hourly Billing
File
Work Done
Year
Firm /Lawyers
Rate
2009
$ 44,000.00
$ 26.75
$ 5,723.48
$ 49,750.23
Stewart McKelvey
DJS 608.65 @
Peel Plaza P3
Reviewing RFQ materials, Review revise RFP, Review Project
$ 58,350.00
$ 138.00
$ 7,603.44
$ 66,091.44
Darrell Stephenson
$395
Process
Agreement; Research governing legislation; Memo re Project
$ 42,120.00
$ 260.56
$ 5,509.47
$ 47,890.03
Greg Harding
GGH 225.8 @
Agreement; Research property law and air space parcels; Research on
$ 77,300.00
$ 209.20
$10,076.20
$ 87,585.40
Jeff Burgess
$200
property underground and process to convey such property; Memo re
$ 53,354.00
$7,033.30
$ 7,850.35
$ 68,237.65
James Murphy
JB 25.9 @ $160
assigning risk on building design; Numerous meetings with City,
$ 18,000.00
$ 85.31
$ 2,351.09
$ 20,436.40
Neal Leard
JDM .4 @
Project Group, Deloitte; Management system requirements; Work on
$ 31,500.00
$ 475.82
$ 4,156.86
$ 36,132.68
lain Sinclair
$359.85
Project Agreements; Work on Schedules; Work on RFQ Evaluation,
$ 14,200.00
$ 58.00
$ 1,853.54
$ 16,111.54
Jamie LeMesurier
NLL 220.1 @
Project Agreement; Cost Sharing; Work on MOU between Province
$ 27,600.0
$5,945.10
$4,360.86
$ 37,905.96
Misty Watson
$290
and City; Design specs for garage; Technical Specs; Development of Air
$366,424.00
$14,232.04
$49,485.29
$430,141.33
RIS .6 @ $159.92
Space Rights; Review and revise Parking Garage specs; Review Police
JFL .5 @ $334.98
Station specs; Insurance schedule; Worker on Lender's Direct
MW .6 @ $120
Agreement; Work on Compensation on Termination Schedule;
Prepare for and attend Proponents' meetings; Reviewing and revising
MOU; Project Schedules and Extensions; Dispute Resolution
Agreement; Roadway and Plaza Specs
2010
$26,860.00
$ 422.00
$3,546.66
$30,828.66
Stewart McKelvey
DJS 70.1 @ $420
Peel Plaza P3
Negotiations Process; Reviewing Agreement and Schedules, Dispute
$14,000.00
$ 90.76
$1,831.80
$15,922.56
Darrell Stephenson
GGH 17.9 @ $220
Process
Resolution Agreement; Various correspondence and meetings with
$40,860.00
$2,362.49
307.12
2,669.61
Greg Harding
NLL 23.8 @ $310
Project Group, City; Closing Agenda
$2,875.25
$5,685.58
$49,420.83
Neal Leard
KBM .6 @
Ken McCullogh
$307.85
$1,990.00
$12.00
$260.26
$2,262.26
Stewart McKelvey
DJS 13.65 @ $420
Tender for
Reviewing Tender Package and Documents; Reviewing CCDC Contract
$3,860.0
16.25
$503.91
$4,380.16
Darrell Stephenson
KBM .3 @
Police
and supplementary condition
$5,850.00
$28.25
$764.17
$6,642.42
Ken McCullogh
$400
Headquarters
j a SAIN7JOHN DEVEL0PMENTC0RP0RAT"10N
P.O. Box 7200, Saint John, New Brunswick ER 456 Tel. 506 -649 -6066 Fax: 506 - 649 -6068
His Worship Mel Norton
and Common Council
15 Market Square
C.P. 197'1
Saint John, New Brunswick
E2L 41-1
RE: _Meeting Request for September 10, 2012
Dear Mayor Norton and Common Council;
August 24, 2012
The Saint John Development Corporation, operating as Saint John Waterfront
Development would like an opportunity to address Common Council (in closed session)
to present an update regarding Fundy Quay (former Coast Guard site) re- development
in the City of Saint John.
This meeting will provide Mayor and Council with an up -to -date status report on the
current situation and the go forward strategy.
Kent Ma—Unttre
General Manager
F