Inflation drives up pavement costs on Park Avenue and Commonwealth

By Mark Squibb/September 16, 2022

New asphalt along Park Avenue and Commonwealth Avenue will end up costing the City a little more than anticipated.

“Whenever we have to do a job like this, there are some adjustments in quantities and cost, and in this particular case there is a contractor change order, and there are different parts to this one, so we’ll do them separately,” explained councillor Isabelle Fry during last week’s meeting.

The first part of the change order included a clause for liquid asphalt cost adjustment, resulting from an increase in liquid asphalt pricing from the time of the award of the contract. The adjustment resulted in an additional charge totaling $24,706, HST Included.

The second part of the change order was to correct a cross connection of storm sewer leading into a sanitary manhole, at a cost of $7,569, including HST.

The third and final part was for materials testing, such as compaction and asphalt testing, at a cost of $3,345, including HST.

Council approved the change order at a total cost of $35,602, HST included.

The cost of the original contract with Modern Pavement was $548,446.

St. David's smart tech accessible playground taking shape

By Mark Squibb/September 16, 2022

As completion of the St. David’s accessible playground grows nearer, members of Mount Pearl council say they are pleased with the progress.

“So, the topsoil, grading, and concrete walkways are complete, and playground structures are being assembled on site,” said councilor Isabelle Fry during her capital project status report at last week’s public meeting. “The rubberized surface is to be installed probably the first week in September. So that one is coming together and that’s one that we’re all really proud of.”

The upgrades, which include smart technology, improved lighting, and the addition of two new gender-neutral washrooms, were announced in August, 2021, and were funded by the federal and provincial governments.

Both governments chipped in about $150,000 each, while the City covered the lion’s share – over $661,000.

“I’m very excited about the St. David’s smart, accessible playground,” said councillor Mark Rice. “I drove up there and had a look and it’s a lot bigger than I realized it was going to be. It’s phenomenal work, a phenomenal job done, both the engineering and the design. Hats off to our engineering department and … if you want to see how an accessible playground should be done, visit our playground up by St. David’s field. It’s a phenomenal job.”

Since work began, the City has approved a number of change orders related to the project, including creation of a green belt connection between St. David’s Park and the smart accessible playground location ($8,515), addition of an adult change table ($39,417), enhancement of the small play structure to be fully wheelchair accessible ($28,955), addition of three independent ground-based activity panels ($17,666) and the relocation of a storm sewer and catch basin to accommodate the new playground at a price of $40,990, with calculated adjustments at a cost of roughly $20,940, for a total of $61,880, amongst others.

City hires "owner's advisor" to oversee construction of new civic centre

By Mark Squibb/September 16, 2022

The City of Mount Pearl has taken steps towards the construction of a new community centre.

The City issued a limited call for proposals on June 7 for companies interested in overseeing the project. That closed on July 15, and attracted three bids.

Last week, council unanimously voted to award the contract to Wood Environmental and Infrastructure Solutions to develop a design-build Request for Proposals for construction of a new civic centre, splash pad, ice rink and site upgrades at a bid price of $552,895 (HST Included).

Wood Environmental will act as the “owner’s advisor” and will work with the City to review the concept and finalize the scope of work, draft an RFP for design-build proposals, manage construction and contract administration for payment, certification, and progress updates.

“I think this is a great initiative for the City of Mount Pearl,” said councillor Mark Rice. “I think going out to RFP and getting a consultant and a design-build is really good, because you hit all the key points.”

He noted that a lot of buildings, such as Park Place and the Gloria Pearson Centre, are aging and not up to snuff.

Director of Public Works Gerry Antle said that through the design-build process, the City will be able to  consider efficient design, energy efficiency, climate change measures, and other features.

Deputy Mayor Nicole Kieley said going the route of hiring an “owner advisor” was an example of ‘measuring twice, cutting once.’

“We’re going in with eyes wide open,” said Kieley. “And I think that it’s important for any large facility or endeavour that we are taking on that we have our eyes wide open, and I do appreciate and support the consultation process that needs to follow.”

Council estimates the design-build RFP will be issued in November and awarded in April of 2023. The design will be finalized in November 2023, and construction will begin in June 2023 and carry through until December 2024. The facility is expected to be completed between January 2025 and January 2026.

“This is not going to happen overnight, but we have started,” said councillor Isabelle Fry.

Councilor Bill Antle also threw his support behind the project, adding he is looking forward to seeing the end results, while councillor Chelsea Lane said families are excited, in particular, about the new splash pad and ice rink.

“As a young mother here in the community, I know I’m looking forward to it, and I’m sure that our residents are truly going to be so excited to have this addition to the City,” said Lane.

CUPE 2099 president defends decision to picket councillor's homes

By Mark Squibb/September 9, 2022

CUPE 2099 local President Ken Turner has defended picketers’ decision to picket councillors’ homes saying that if councillors won’t come cross the picket line at City Hall, than picketers will bring the picket line to them.

“We did have picketers at councillors’ residences because the councillors were not at work, they chose to do their council meetings at home and not at the City Hall,” said Turner. “So, if they are going to work from home, and not come to City Hall, where the picketers are, then we’ll go to where they’re doing their work, which is at their home.”

Turner said the picketing outside councillors’ homes has been effective.

“It’s got councillors talking to their managers again, and hopefully we’ll see some movement and we’ll get back to the table,” said Turner.

When asked if the tactic might intimidate or antagonize neighbouring residents, Turner said he didn’t believe that to be the case — though he allowed it might be a nuisance.

“We’re not around the other residents, we’re not in front of other people’s homes,” said Turner. “But yes, I could see that it would be irritating, but if the councillors are not going to go to work, and leave us with no other alternative, then we’ll legally picket, because it is a legal, secondary picket, and yes, residents are going to be disturbed, and I would think if they’re neighbours, they’re going to ask their councillors to go back to work, because that’s where they belong.”

Turner acknowledged that yes, it was the picketers themselves who chose not to show up to work some ten weeks ago, and instead hit the picket lines.

“Our concern is getting our workers back to work, and if council won’t come to us at the worksite, then I guess we’ll go to their worksite— which in this case is their homes,” concluded Turner.

Strikers target councillors in their homes, upsetting families, neighbours

By Mark Squibb/September 9, 2022

During this week’s council meeting, which was held virtually, online, picketers could be heard shouting outside councillor Isabelle Fry’s home.

“That is so disrespectful,” said Mayor Dave Aker. “Our union is out there during this proclamation blaring out of a microphone at somebody’s house. That is terrible.”

At the time, Fry was trying to speak to a proclamation recognizing September as Ovarian Cancer Awareness Month. The proclamation was in coordination with Women of Hope, an ovarian cancer support group formed by Susan Glynn, who died in July, 2021 following a courageous six-year battle with ovarian cancer. Glynn was a familiar face in the council chamber, and a close friend of Fry.

The picketing by the City’s striking municipal workers seemed to die down after the proclamation.

During the round table discussion at the end of the meeting, council returned to the matter of folks picketing outside councillor’s homes.

“We all deserve to be treated with respect and dignity,” said Deputy Mayor Nicole Kieley, adding both sides need to acknowledge each other as human beings first and foremost. “I’ve been picketed at my own home, and I’m hearing today of colleagues being picketed, and that can be very difficult, especially if you’ve got neighbours who are senior citizens, or are individuals who have children. Please, be mindful that these are places where people are living. Everyone deserves respect during this time.”

Councillor Bill Antle added his thoughts.

“I certainly respect our strikers and our employees,” said Antle. “They certainly have the right to strike, and they certainly have the right to picket. But last Friday, around 10 o’clock in the morning, I had picketers show up at my house. And they were there for about an hour and a half, and they had bullhorns, they had loudspeakers, they had boomboxes, the cars were blowing horns, they were generally making a nuisance in the neighbourhood for an hour-and-a-half.”

Antle said his wife, who he reminded folks is not an elected member of council and has no say in City affairs, was home at the time, and was quite upset by the incident.

Antle said the protesters showed up again Tuesday morning, 10:30 a.m. sharp — this time while he and his wife were watching their grandchildren, aged five, four, and three.

“My grandson was here this morning and he was scared,” said Antle. “He was scared because the picketers were on my street, yelling, ‘Come out!’ And I’m not trying to get upset, but he was saying, ‘How come these people on the street are calling for you to come out?’ He was scared, so we put him in the back bedroom so he couldn’t see.”

He estimates there was about 25 to 30 strikers on his street – which he said is populated mostly with senior citizens— calling for him to come out.

Antle said the tragedy in Saskatchewan this past weekend, in which police hunted for the culprit of a stabbing rampage that left 10 people dead and 18 wounded, was upsetting enough for senior citizens in his area, without the added confusion caused by protesters.

“All they could hear was someone on a loudspeaker saying, ‘Come out, you’re going to be safe, come out,’” said Antle. ‘If you want to picket City Hall that’s your right… but the seniors didn’t do this.”

Councillor Mark Rice agreed with Antle, noting that strikers picketed his home as well.

“I was on strike twice with NAPE,” said Rice. “I was a NAPE union member for 22 years and I was on the negotiating team with NAPE, so I know what it’s all about, sitting at the table looking at management and sitting on the other side looking at workers. And I think right is right and wrong is wrong, and the longer this dispute goes on, it’ll get more complicated. I think it’s time to get back, and sit down and have a sensible conversation (instead of) being radical and being disrespectful. My neighbours came over to me Friday morning and they said, ‘How could you ever put up with stuff like that?’ And I said that they had the right, and the street was public City property, but it bothers a lot of people, and it bothered me as well. The longer this goes on, the worse it’s going to get.”

Mayor Dave Aker also shared a story about strikers protesting outside his home.

“Last Friday, my wife was home alone and we had to call the RNC and the Municipal Enforcement over, basically so she could get out of her house to go to work,” said Aker. “I think there’s some innocent people getting caught up in this. Like Councillor Antle, I do respect people’s right to picket but I think people should just think, for a second, about what they’re doing.”

He encouraged citizens to ignore the protesters as best as possible, and to not engage with them.

“My neighbours reported today that engaging with them is very difficult, and I want to say to people, please, don’t engage, try and ignore as best as possible,” said Aker. “It’s very, I won’t say dangerous, but it can be very concerning from a physical and mental point of view if you engage with some of the protesters.”

The mayor thanked the RNC and Municipal Enforcement officers for their work trying to keep the peace, and noted the City has made the union a “very reasonable” offer.

He encouraged folks on both sides to “just get along a little better.”

“I don’t mean that we have to be very loving with each other, I’m not trying to say that, I just want to make sure that we remain safe and respectful.”

As the strike in Mount Pearl drags on with nary an end in sight, the City has to date spent almost $70,000 on video and security services related to the dispute.

The Pearl previously reported that during an August 9 council meeting, council approved payment of two invoices, one priced at $24,880 and one priced at $19,029, for a total of $43,909, payable to Provincial Investigative Services for video and security services.

Deputy Mayor Nicole Kielly, during that August meeting, explained the costs were reflective of video surveillance costs associated with the labor disruption, and that the services were “instrumental in ensuring the safety of our workers crossing picket lines and performing the work of our City during this time.”

During this week’s meeting, council approved an additional invoice of $25,836 for video surveillance, made payable to Provincial Investigative Services.

Kent lauds ruling as City prepares to appeal

By Mark Squibb/September 2, 2022

Two weeks ago, Supreme Court judge Justice Alexander MacDonald ruled the City of Mount Pearl breached former CAO Steve Kent’s privacy by reading his Facebook messages in which he allegedly colluded with two City councillors while on paid leave during an external investigation into his workplace conduct.

The City of Mount Pearl will appeal that decision.

“We do respect the court’s decision, but council sat down with our legal team and reviewed it, and we believe that the activity that was reported was very unethical and shouldn’t take place in any workplace, especially with a confidential and private investigation (ongoing]) so we have given notice to the parties that we will be appealing,” said Mayor Dave Aker.

He said the City filed the appeal last Wednesday, and that it is now the court’s responsibility to set a court date.

The Pearl spoke with Aker on Tuesday, and on Wednesday the City issued a press release stating it was appealing the decision.

“We maintain our position that the City was fully justified in seizing and reviewing the messages in question,” read the release. “In this circumstance, Mr. Kent was on administrative leave and under investigation on complaints of workplace harassment, while inappropriately communicating with councillors having public duties regarding the investigation. Accordingly, the City filed a notice with the Court of Appeal of Newfoundland and Labrador, that it will be appealing the decision.”

The City claims Kent left his city-owned iPad unlocked and Facebook Messenger app open, so that messages popped up on the screen and could not be avoided.

The former CAO was placed on a paid leave of absence in October 2020, pending an external investigation into alleged workplace misconduct. Former councillors Andrew Ledwell and Andrea Power were sacked from council in June 2020 for allegedly feeding Kent information on the investigation via Facebook messages. Both Ledwell and Power have filed Supreme Court appeals over their dismissal from council.

In lieu of an interview, Kent sent a statement to The Pearl regarding the City’s decision to appeal.

“The Supreme Court ruling was clear and logical,” said Kent. “And now, while City workers stand on picket lines and citizens are deprived of services, it is terribly disappointing that the City is continuing to spend public money on this without any attempt to resolve or admit mistakes were made.”

Kent decried the City’s use of taxpayer money in the courts, specifically referencing Mayor Dave Aker and councillor Jim Locke, and implored other members of council to “ask questions, to stop this activity, and to end the distraction so you can focus on running the City of Mount Pearl.

“We learned in Kindergarten not to snoop,” said Kent. “The City violated my rights by doing just that. And now, the City, at the beleaguered citizens’ expense, wants to keep this foolishness going.”
Kent resigned from the CAO’s position last June, just ahead of the City’s plan to fire him. He has sued the city for constructive dismissal and breach of privacy. Mount Pearl, in turn, has filed a countersuit.

MacDonald’s decision, should it stand, is likely to impact the outcomes of Ledwell’s and Power’s appeals.

“I can’t speak for Justice MacDonald, but he kind of indicated that in the decision that how you treat the Facebook messages at this point in time will have an impact on the appeal filed by the two former members of council,” said Aker.

That appeal is currently scheduled for November but may change as the City has appealed the privacy breach decision.

As to the external harassment investigation into Kent’s workplace conduct, Aker said the final report is yet to come.

“The final report is not in, but the investigation did proceed,” said Aker. “I’m not at liberty to say (when the report will be published). It’s with the investigator. All I can say is that there will be future reporting on it. But I can’t give you any more details and I really don’t know the exact timeline.”

The ongoing legal battles have entailed considerable costs.

Back in August, 2021, the City claimed that legal fees relating to Kent’s dismissal and the subsequent fallout came in at just over half a million dollars.

The notice of appeal filed by former councilors Andrea Power and Andrew Ledwell to date has cost $54,062; the investigation into former CAO Steve Kent, which remains ongoing, has cost to date $231,372; dismissal of the CAO and councilors, including a wrongful dismissal claim, have cost $162,637; an investigation into remarks by Mayor Dave Aker, precipitated by an allegation made by former councillor Power, which Antle said turned up empty, cost $54,087. Other consultant fees cost $10,522.

The City now says legal fees related to the notice of appeal for Power and Ledwell now total $134,000.

“We are accountable to our taxpayers, and at the end of the day, we are also accountable to our workplace,” said Aker. “And, as an employer, we must be willing to protect the safety and well being of our employees, and some of that is the motivation behind some of the court activity and legal fees that have been spent.”

As to whether Kent, Ledwell, or Power will have an opportunity to sit once again at the Mount Pearl council chamber, should they desire to, Aker said the future is not his to predict.

“I can’t speculate, but factually, the two former members of council are, after two years are up, eligible to run again in a future election,” said Aker. “Mr. Kent resigned at the end of the day, so I don’t think he’s going to return to employment with the City, as we have a new CAO. So, those are the facts, and really, I can’t speculate as to which direction things will go down the road.”

The Mount Pearl based Dave Pretty Agency Selects softball team are provincial champions after winning the provincial 60-plus championship this past weekend. The team went 2-1 in round robin play before winning their semi final game 14-12. Members of Mont Pearl council extended their congratulations to the players during this week’s council meeting. In the back from left to right, are Joe Perry, Mike Kavanagh, Karl Baker, Gerald Smith, Harvey Sheppard, Brian Cooney, Willie Power and John Browne. In the front are Byron Ridgley, Barry Quinlan, Randy Purcell, sponsor and co-captain Dave Pretty and co-captain Tom Myrick.

RNC seek public help in property damage investigation

The Royal Newfoundland Constabulary (RNC) is requesting the public’s help in relation to a property damage and theft investigation in Mount Pearl.

On Monday, August 8, the RNC responded to the report of a commercial break and enter where several cranes and computer operating systems were damaged. One crane had the computer stolen. This incident is believed to have happened on Dundee Avenue between 4:30 p.m. on Friday, August 5, and 8:00 a.m. on Monday, August 8. The items were in a secured yard at the time.

The RNC is continuing its investigation into the damages and are appealing to anyone who may have witnessed the incident, or were in the immediate area, to them at 729-8000, or to remain anonymous, through Crime Stoppers at 1-800-222- 8477.

City sells land to developer

By Mark Squibb/August 26, 2022

The City of Mount Pearl is a little smaller but a little richer after council voted to sell a piece of land to a developer during this week’s public meeting.

“City staff met with the developer, Emerald Atlantic, on July 6, 2022, to discuss the sale of a portion of city land and associated memorandum of understanding (MOU),” said councillor Mark Rice. “A preliminary development concept plan was discussed as well.”

The Planning, Engineering and Development committee recommended moving forward with the sale of the land, which is sits just behind the Team Gushue Sports Complex ballfield near Emberley Place, in the amount of $46,000. As part fo the sale agreement, the City will sign an MOU with the developer, and the developer is required in turn to submit a formal development application for review as part of the MOU.

The motion passed unanimously with no further discussion.

Neither the exact dimensions of the land, nor the developer’s intent, were discussed.