Loading...
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 A. r 5 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 t 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