City of Charlottetown settles lawsuit with Chandler Architecture for $45,000
CHARLOTTETOWN, P.E.I. — The Metropolis of Charlottetown has agreed to pay a neighborhood architectural agency $45,000 in a lawsuit over awarding the design tender for a 3rd fireplace station.
Final yr, council awarded the tender for $328,000 to SableArc Studios to produce design and consulting providers.
Nonetheless, Chandler Structure, which completed with the very best general rating among the many six corporations that bid for the contract, sued the town. As an alternative of getting the matter play out in court docket, the town reached a monetary settlement earlier this previous spring.
Council was to have been knowledgeable of the main points throughout the common public month-to-month assembly on Sept. 12. Nonetheless, simply earlier than that assembly was to have adjourned, Mayor Philip Brown tried to have the matter mentioned in a closed session beneath part 119(f) of the Municipal Authorities Act (MGA), which covers discussions of current and anticipated authorized proceedings.
Coun. Bob Doiron then questioned whether or not that dialogue ought to happen privately, or, as a result of the authorized matter council was about to speak about had already been resolved, it ought to happen in public.
Brown mentioned it was a monetary difficulty so the dialogue must be in personal.
A movement was placed on the ground to maneuver right into a closed session, however earlier than council might vote on the movement, Coun. Alanna Jankov additionally requested why it needed to happen privately.
“If the settlement is already completed and all we’re doing is recognizing one thing about it, it’s already public,” Jankov mentioned.
Council then agreed to debate the matter publicly after councillors Mitchell Tweel, Jankov and Doiron opposed the personal dialogue.
Rationalization
On the Sept. 12 assembly, Donna Waddell, interim chief administrative officer (CAO), defined that on Might 1, she advisable to the finance committee in a closed session {that a} settlement be provided to Chandler Structure within the quantity of $45,000.
Waddell added the choice to make the settlement public took place on account of a Freedom of Data and Safety of Privateness Act (FOIPP) request. SaltWire Community had submitted a FOIPP request final month on the matter.
Waddell additionally acknowledged she initially erred on solely issuing the advice to the finance committee and never council, as is required beneath the MGA.
“I apologize I didn’t comply with the brand new MGA however, as a substitute, adopted earlier apply,” Waddell mentioned, referring to how the method was adopted earlier than the MGA was launched in 2017. “That is my error. I ought to have come to council. That was my inexperience with the MGA.”
For context, Waddell was the town’s long-time company affairs director earlier than retiring in 2016, simply earlier than the MGA was launched.
Doiron mentioned all of this might have been prevented if council had awarded the tender to Chandler Structure within the first place.
“I’m very pissed off we’ve got to spend this more money after we ought to have adopted the method to start with,” Doiron mentioned, referring to the very fact when it got here to this specific bid, Chandler Structure had the best general rating among the many corporations that bid.
SaltWire contacted Invoice Chandler, who owns Chandler Structure, on Sept. 15 to get his response to the settlement.
“All I must say is that it’s unlucky that it needed to come to a lawsuit,” Chandler mentioned in an e-mail. “I hope sooner or later, the town will comply with its personal guidelines when awarding contracts so that everybody is handled equally and pretty.”
Dave Stewart is a reporter with the SaltWire Community in Prince Edward Island. He may be reached by e-mail at [email protected] and adopted on Twitter @DveStewart.
