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.

Get the permit, says Fry

By Mark Squibb/August 26, 2022

Thinking of building a new shed or doing some exterior renovations? Mount Pearl councillors say get the permit now to save yourself a headache later.

Councillor Isabelle Fry took a moment during this week’s public meeting to remind folks to get their permits in place before getting to work.

“Permits are required for things like building a shed, a driveway, exterior renovations, roofing, practically anything,” said Fry. “And the reason for that is so that the City can ensure that the work is inspected and that it is done within our regulations.”

Fry said that if someone completes a job without a permit, it may not pass a City inspection and they may be forced to tear it down and start back at the beginning.

“So, I just want to remind people, that the reason we have building permits and that type of thing is more so for the protection of residents.”

Director Gerry Antle added the City checks for things like building code compliance in the interest of safety.

Fry admitted that before she was elected to council, she did not understand the importance of permits.

Councillor Jim Locke added that when folks apply for permits up front, it can save them headaches later on.

“By putting the plan before our qualified staff, they get assurances that what we’re doing is within our regulations, so they know it’s built right and it’s in the right location,” said Locke. “So, if they ever decide to sell their property, they can rest assured that everything is compliant, which will allow the sale of the property to go through smoothly.”

He also said that permitting isn’t a ‘money grab.’

“The cost of a permit is not expensive,” said Locke. “So, if your paying $15,000 or $20,000 or $8,000 or $5,000 to do your renovations, the nominal fee that we charge for permits is not going to determine whether or not you proceed with your project, but it’ll certainly give you an assurance that your developing within our regulations and guidelines.”

Council approved 19 such residential construction permits during the meeting, including for fences, decks, accessory buildings, roof and sanitary line repairs, landscaping, and construction of a new family home – a total of about $495,000 worth of work.

City opts for design/build approach on 'a big piece of work'

By Mark Squibb/August 26, 2022

The City of Mount Pearl, during this week’s public meeting, awarded a $7 million contract to Dexter Construction Company Ltd., for the upgrading of a portion of Farrell Drive.

Upgrades include water, sanitary/storm sewer, asphalt, curb, and sidewalk replacement along Farrell Drive between Holden Street and Evans Place.

“The goal of this project is a complete reconstruction of Farrell Drive (approximately from Holden Street to Evans Place) and replacement of all infrastructure within the limits of the property right-of-way,” said councillor Mark Rice. “This includes all design, supply of construction materials, removal of existing infrastructure, and construction of new.”

Rice went on to say that the benefit of a design-build is that, unlike the traditional approval in which the City would enter separate agreements with both a consultant and a contractor, the City will enter into an agreement with just a design-builder.

“This leads to a more efficient project as the contractor responsible for construction is also responsible for the design of the project,” said Rice. “Overall, the design-build approach to projects has been beneficial to the City.”

Council voted unanimously to award the contract to Dexter for the bid mount of $7,096,765, HST included.

“This is a big piece of work,” said councillor Jim Locke. “This is quite a piece of infrastructure. I’m delighted with the design-build approach, we successfully used that on some other street work, and also the Campia Gymnastics project on Old Placentia Road, and it worked very well. I found it very efficient, it limited our change orders, allowed us to control our budgets a little better.”

Locke then asked about the beginning and end dates for the project.

Director of Infrastructure and Public Works Gerry Antle explained that before shovels go in the ground, a design will be submitted to the City for review.

The design process alone, said Antle, could take several months. He added that depending on the reviews, certain parts of construction may start sooner than later.

“Again, that’s the benefit of the design-build, you can do certain aspects as we approach different parts of the work,” said Antle, who noted the overall timeframe of the project is about two years.

“That may be optimistic, because it depends on what we find when we open up the ground, as well as weather conditions,” he added.

Deputy Mayor Nicole Kieley asked for further details on the project, especially as it relates to the City’s asset management plan.

Antle explained that this particular section of Farrell Drive is at the end of its service life (which is up to 75 years.) Antle also noted the work will be designed with climate change in mind.

The request for proposals closed on June 8, and the City received two bids.

City Hall releases staff and workers' year-to-date pay totals

By Mark Squibb/August 19, 2022

In light of a recent ATIPP request, the City of Mount Pearl announced it has released salaries for all City staff – including striking CUPE members — going back to mid-2020.

“The City of Mount Pearl has chosen to exercise proactive disclosure in response to an Access to Information and Protection of Privacy (ATIPP) request received last month for the earnings of all City employees, including wages and overtime,” explained Deputy Mayor Nicole Kieley during last week’s meeting. “And as a municipality we remain open and transparent to our taxpayers and as such as made the decision to proactively disclose all wage information.”

Kieley said the City released the gross pay, including total pensionable earnings and total additional earnings for 2020, 2021, and 2022 year-to-date.

However, only part of 2020 is reported, said Kieley, due to a switch to a new payroll system and reporting limitations within the prior system.

“As stated previously, Mount Pearl has a competitive and attractive total compensation package, and we value the work of all employees,” said Kieley.

Documents released by the City show the Director of Engineering & Sustainable Development, the City’s highest paid employee, earned a gross income of $117,606 from January 1 until July 26, 2022. Two other City employees earned over $100,000 in gross income by July 26, 2022: The CAO earned $108,333, while the Director of Recreation & Community Safety earned $107,178.

If you do a search of those positions on the City’s website, you may not find them exactly as recorded on the payroll documents. This is because, according to City staff, the City restructured its departments in 2022. So, for example, the position listed on the payroll document as Director of Engineering & Sustainable Development is listed on the website as the Director of Planning, Engineering, and Development. The website, said City staff, has the accurate position titles.

In 2021, the Director of Engineering & Sustainable Development earned $203,974, the Director of Recreation and Community Safety earned $185,314, and the CAO earned $154,561.

The documents show in 2022 show hourly wages for public works staff and some office staff, including accountants ($32.76), lead hand mechanics ($36.12), mechanics ($34.39), recycling collectors ($30.43), lead hand water and sewer workers ($34.39), water and sewer workers ($30.43), equipment operators ($30.43), arena attendants ($29.18), animal control officers ($29.33), lifeguards ($22.89), and others. The document details whether the position is part time, full time, and temporary, or seasonal.

Councillor Jim Locke suggested the City disclose employee wages on an annual basis.

Mayor Dave Aker noted many salaries are in the $20 to $30 an hour range, and that most employees work about 37-and-a-half hours a week.

Director of Corporate Services Cassie Pittman agreed that office workers typically work 37-and-a-half hours, while the majority of public works and full-time aquatic employees work 40 hours.

“So, then you can add on to that over time and you can add on to that as well another 20 to 25 percent for benefits,” noted Aker. “Both the deputy mayor and councillor Locke referred to the fact that some of the cost that the City bears is not just the wages that go to our employees, but what we call payroll burden, the City’s share of the matching contributions for pensions as well as for health and dental. And we have other things we pay as well. We pay shift premiums and the shift differentials and overtime.”

Aker then asked what typical overtime rates were.

Pittman explained that anything over 40 hours a week would be double time.

“So, for example, if a member of the public works team gets called in on the weekend, typically that would be a double time call out,” said Pittman. She then circled back to Aker’s comments about total cost compensation. “We worked in about a 37 percent increase, so, in addition to wages, our total cost of compensation is 37 precent higher than wages to account for things like our pension contribution, benefit contribution, and total cost of employment.”

Aker asked Pittman about wage increases.

“I don’t think our management staff have had any increase in the last two years; what has been the increase given to CUPE the last four years?” asked Aker.

 “This contract, 2018 to 2022, was a four percent overall wage increase,” said Pittman. “So, the most recent increase would have been July 2022, which was a two percent on the tail end of this currently expired agreement. We’ve been in a manager wage freeze for the last two years, so our management wages have been frozen, as we attempted to work with some challenges on the City’s revenue stream.”

Aker said that up to 2022, the City’s wage increases have outpaced inflation rates.

Councillor Bill Antle applauded the disclosure but noted that salaries of council members were not included. He asked that those salaries, including council expenses, be included.

“As councillors or as mayor, we don’t get a pension,” added Antle. “I want to make sure that that’s clarified in this piece of information.”

Councilors concerned over costs of empty bus rides

By Mark Squibb/August 19, 2022

During last week’s public council meeting, the City was in receipt of an invoice of $51,438 from MVT Canadian Bus for bus services in June, including Go-Bus and paratransit routes.

In June, explained Deputy Mayor Nicole Kieley, the City paid for 110 paratransit trips, 380 GoBus trips, and 67 ‘no-shows.’

Those no-show charges caught the attention of councillor Isabelle Fry.

“So, we’re charged for no-shows?” asked Fry. “Seems like an awfully high number to me… I’m concerned for two reasons. First of all, I know a lot of times, when residents are looking to use the GoBus, there are some frustrations when the GoBus is more than an hour — or two, or three — late. So, if a resident wants to go to an appointment, they book a GoBus accordingly, and if the GoBus doesn’t show up in time, you miss your appointment or you find alternate arrangements. Is that considered a no-show at that point?”

Fry said her second concern was that the City was spending money on bus trips even if there was nobody onboard.

“This is something that we need to look further into,” said Fry, who added she believed the City of St. John’s was looking into that exact same matter already.

Mayor Dave Aker said he believed the number of no-shows hovered at around five percent.

“But I think it’s built into the contract that if the bus moves, somehow it has to be paid,” said Aker. “So, MVT gets reimbursed. But I take councillor Fry’s concerns. You know, you never like to see a bus being paid for by taxpayers’ money that’s going empty.”

Director of Corporate Services Cassie Pittman said the matter is under review, and any further information uncovered can be sent back to council for consideration.

In June, said Pittman, there were 41 paratransit no-shows and 26 Go-Bus no-shows.