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| This the actual payment schedule from the original contract |
Councillor Keith Hull has been consistent with his votes, ever since he voted against the $12 million dollar purchase of the 2 Sprung Structures way back on August 27th, 2012.
He voted against the $550K add on therapy pool; he voted against the $600K in pool upgrades for the Clippers; he voted against the $100K for the construction of a paved path entrance being moved from Lorne street to Hamilton street; and last night he voted against spending $800K on site upgrades for Central and Heritage parks.
Hull has also been voting against the accounts payable amounts being given to BLT construction to pay for this project. He first did this with the 2nd scheduled payment to BLT, back in December 2012, and has voted against each payment since.
At last nights council meeting, Councillor Sandy Cunningham finally had enough. Cunningham questioned Hull’s decisions, wondering if it was not in fact illegal to vote against paying money you had agreed to in a contract. Cunningham has asked the clerks office to get legal advice on this matter.
Now I don’t know Hull’s motive for voting against the payments. I can only assume that he is doing so on principle. He was publicly against the initial decision, and he has a chance to reiterate his stance each time there is a vote to spend more money.
I can also assume that he knows he will be defeated 8-1, each time he votes to not make a payment to BLT, therefore, the way he votes is moot, and simply give him the chance to stand up for what he believes was the wrong decision.
Cunningham’s outburst made me think of two things. First, if it is in fact “illegal”, as Sandy wants to know, then wouldn’t that be the case in denying any of the accounts receivables? If that is true, and it is illegal to not pay them, then why bother making them part of the agenda in the first place?
The second thing I wondered is, was last night’s payment, and the several previous payments. actually part of the “contract”. I’ll explain what I mean.
Several weeks ago, I submitted an FOI, asking for all of the payments made for the recreation facilities projects. I knew what the payments “should be”, as the original contract laid out 5 payments to be made at specific intervals over the lengths of the project.
When I received the information from my FOI, something didn’t jive. The payments being made were not what was spelled out in the contract. So, I emailed the town for clarification.
“I’m hoping you can simplify something for my. The original contract w/ BLT, called for 5 payments (3 draws). 3 consecutive payments of 25% each, followed by 15% and finally 10%. Since then, there have been the 2 change order for the therapy pool, and the pool upgrades.
Now I see that there have been 5 payments made to date, from the town to BLT
Aug 30, 2012 $3,099,725.24
Dec 17, 2012 $2,479,780.19
Feb 7, 2013 $1,115,901.09
Mar 13, 2013 $1,115,901.09
Apr 12, 2013 $1,514,356.80
I’m just trying to match-up what got paid for when. If the 1st 2 payments were for 25% each, should the amounts be the same. Assuming the change orders needed to be paid upon request, which payments are for what?
If you could tell me what each of those 5 payments was for, that would be a huge help, and also, if you know the remaining payment schedule as well.
The town got back to me very quickly.
As per your request,
Aug 30, 2012 $3,099,725.24 – This was a deposit $2,743,119.68 plus HST $356,605.56
Dec 17, 2012 $2,479,780.19 – Second draw 25% less 10% holdback – $2,194,495.75 plus HST $285,284.45
At this point the project managers (Ron Martin and Paul Waddell) agreed to an amended payment schedule of $1,097,247.87 less 10% holdback for each of 5 months.
Feb 7, 2013 $1,115,901.09 – 3rd draw $1,097,247.88 less 10% holdback plus HST $128,378
Mar 13, 2013 $1,115,901.09 – 4th draw $1,097,247.88 less 10% holdback plus HST
Apr 12, 2013 $1,514,356.80 – 5th draw $1,097,247.88 less 10% holdback plus HST ($1,115,901.09) + 1st draw pool tank upgrades $116,795.20 less 10% holdback plus HST $13,665.04 +1st draw therapy pool $275,000 less 10% holdback plus HST $32,175
There are two payments of $1,097,247.87 remaining on the main contract to be paid in May and June. That would leave the holdback of $1,097,247.87 to be paid after completion.
Pool upgrades – total change order is $583,976. We are paying 20% each draw. We have paid one in April( which related to March) and will pay $116,795.20 less 10% holdback May through August. That would leave a holdback of $58,397.60 to be paid after completion.
Therapy Pool – total change order $550,000. We are paying as work is completed. At this time I do not know the full schedule for this work order.
So, I may have just saved the town some pretty expensive legal fees, as well as answering Councillor Cunningham’s question. The payments Councillor Hull has been voting against, as not part of the original contract. Councillor Hull has never voted against a payment that was in the original contract.
In fact, it makes me wonder if anyone on council actually knew what the payments were going to, when they voted for them.
Cheers
Steve
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enough is enough 
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