Sackville legion president ‘disgusted’ by vandalism in Memorial Park

Posted on June 24, 2019 by brucewark

Doreen Richards, President of Branch 26 of the Royal Canadian Legion standing next to the painted-over Ferret armoured military vehicle

The Sackville detachment of the RCMP is trying to find out who spray painted lewd images of penises on both sides and the top of an armoured military vehicle last weekend in the town’s Memorial Park.

Alf Walker, first vice-president of the Sackville branch of the Royal Canadian Legion, reported the vandalism to the RCMP about 11 o’clock Saturday morning and a town crew was soon dispatched to paint over it.

Legion President Doreen Richards says she’s disgusted that someone would commit such an act.

“I was pretty upset about it,” she adds. “People should have more respect for anybody’s property, let alone the veterans’.”

Richards, who has served as president of the Sackville legion since 2012, firmly rejects any suggestion that putting military equipment in Memorial Park glorifies war.

“It’s history,” she says. “Our fathers, grandfathers, uncles all fought for us and we should respect that.”

She suggests that the military exhibits in the park are useful for teaching younger people about the sacrifices made in war by previous generations.

Legion supports Cougar donation

Richards says the legion strongly supports displaying an armoured vehicle known as a Cougar in the park.

“We’re kind of excited that it’s coming,” she says, adding that the Cougar was a military service vehicle useful for rescuing people from floods and fires.

In February, town council voted to accept a Cougar as a donation from the 8th Canadian Hussars, a regiment that was closely associated with Sackville from 1848 until 1997.

After an outcry from people opposed to installing the Cougar in Memorial Park, the mayor and councillors agreed to hear presentations on the issue at their next meeting on July 2nd.

Richards says the legion will be making a presentation of its own.

“I’m going to fight to get this put in the park,” she promises. “From what I’ve heard around town and different places, everybody is for it. There’s just a handful of people that don’t want it,” she says.

“I think it’s a great thing.”

Posted in Town of Sackville | Tagged , , , | 5 Comments

Unveiling of Lund monument highlights 30th anniversary celebration of Waterfowl Park

Posted on June 23, 2019 by brucewark

Kenneth Lund (L) and Mayor Higham unveil monument to Daniel Lund as Al Smith looks on

Mayor John Higham and Kenneth Lund officially dedicated Daniel Lund Park on Saturday as part of the 30th anniversary celebration of the Sackville Waterfowl Park.

They unveiled a monument to Daniel Lund, who assembled nearly 20 acres of marsh, meadow and woodland that he willed to the town on his death in 2013 under the federal Ecological Gifts Program.

Lund’s younger brother, Kenneth, spoke to about 75 people who had gathered for the dedication ceremony. He said that Daniel originally planned to erect a heritage windmill on the site. The windmill would have been in honour of his grandfather, who fought in the American Civil War before becoming a lumberman.

“A windmill would have been marvellous,” Kenneth Lund said, “but I think and he thought too that a much better result was to have this as part of Sackville’s marvellous and wondrous Waterfowl Park.”

Daniel Lund’s bequest expands the area of the 55-acre Waterfowl Park by more than a third.

Childhood memories

Kenneth Lund remembered how 80 years ago, he and Daniel and their friends played in the woods and meadows that were then owned by the Doncaster, Campbell and Wheaton families, and how his brother bought the land they had loved as children.

“And so, it is with feelings of great pleasure that I think of these lands,” Lund said, “meadows and grassland, uplands, such as you’re standing on, and land with trees that love to have their feet in the water, to add to and give a much wider habitat and walking area for the people of this community.”

Daniel Lund monument near TransCanada Highway showing heritage windmill (click to enlarge)

New trail

Al Smith, who serves on the Waterfowl Park Advisory Committee, said that this summer, the town will build a walkway leading from the Lund monument to a new bridge connecting with the TransCanada trail that runs through the Waterfowl Park.

Louise MacKinnon, outgoing president of the Sackville Rotary Club, presented a cheque for $25,200 to Mayor Higham to pay for construction of the bridge.

Meantime, Smith said that next year, there are plans to build a trail in Daniel Lund Park through “some pretty interesting woodland habitat with fairly mature aspen and oak trees” to connect with the park entrance just off Squire Street.

“That will add a huge dimension to the Waterfowl Park that will certainly be very much valued by birders,” Smith added.

He said that in two years, the committee hopes a small rain shelter with interpretative signage will be built near the monument as a final addition to Daniel Lund Park.

Louise MacKinnon and fellow Rotarians presenting cheque to Mayor Higham

Last August, town council approved spending $15,000 partly to restore an old trail Daniel Lund himself had built. The trail, called Dan’s Way, leads to the Lund monument from a small parking area on Squire Street.

For earlier coverage, click here.

Posted in Environment, Town of Sackville | Tagged , , , , | 2 Comments

Sackville postpones installing military vehicle in Memorial Park after residents voice opposition

Posted on June 20, 2019 by brucewark

Cougar armoured vehicles maneuvre in a field during a military exercise in Alberta. Cougars, which were equipped with a 76mm gun and a 7.62mm machine gun, were in service from 1976 until 2005

Mayor John Higham has directed town staff to postpone installing an armoured military vehicle known as a Cougar in Sackville’s Memorial Park until town council hears from people who are speaking up against the installation.

Higham says most councillors agreed to the postponement until they hear any new information the opponents may present at town council’s next meeting on July 2nd.

“Although I’m not a jaded politician, I know every topic has multiple views,” the mayor said during a telephone interview. “It’s always a question of, have we heard everybody yet and if we haven’t, what have we missed?” he added.

“We’re seeing some very strongly held opinions on both sides of this equation, which is a little bit unusual, but not to be unexpected when it deals with remembering people who passed away in the armed forces in our service,” Higham said.

Legion will be heard too

Mayor John Higham

The mayor mentioned that the Sackville Legion will also make a presentation to council on July 2nd.

Council agreed to accept the Cougar in February after defeating a motion by Councillor Shawn Mesheau to postpone the decision for a month pending consultation with the Legion.

Mayor Higham says that when he and town staff met separately with two senior executives of the Legion soon after the decision in February, the executives were quite happy to have the Cougar installed in the park as a memorial to soldiers who died in the Second World War and as a symbol of Sackville’s once close relationship with the 8th Canadian Hussars, a reserve armoured regiment.

The Hussars C Squadron and its regimental band were based in Sackville until 1997.

Cougar’s the wrong symbol

Sackville resident Alex Thomas, who helped organize a protest against installing the Cougar in Memorial Park (see CBC coverage here) says he’s very much in favour of commemorating the contributions of the 8th Hussars in the Second World War.

“We don’t feel that this modern machine of warfare adequately and accurately memorializes those men who served,” Thomas says. “It actually serves to glorify war rather than to reflect and honour those who served.”

Cenotaph in Sackville’s Memorial Park honours war dead. Opponents to the Cougar call the cenotaph a more fitting memorial to the fallen

Thomas explains that the 55 Hussars who died in Italy and the eight who died in other parts of Western Europe during the Second World War did not use Cougars, so it’s the wrong memorial for that era.

Thomas points out that the most recent use of this armoured vehicle was during the Oka crisis of 1990. He adds that a lot of Canadians look back on that use with shame.

“I think there’s a lot of human rights violations that have been identified coming out of the Oka crisis and in this age of reconciliation, I really think we need to be careful that we’re not putting symbols of indigenous oppression on pedestals in our parks,” Thomas says.

‘Wrong message’

Peter Higham, whose house on Squire Street is adjacent to Memorial Park, says installing a gigantic Cougar war machine sends the wrong message.

“It’s too close to the glorification of war rather than remembering and being aware of the futility of war,” he says, adding that exhibits in the park already represent the various branches of the armed services.

Peter Higham standing next to the Vimy oak sapling that would be dwarfed by the Cougar

Higham points out that the Cougar is nearly four times the size of the armoured vehicle, known as a Ferret, that the Hussars donated in 1994.

He argues that the cenotaph, not machines that belong in a war museum, should be the focal point of the park.

Higham also notes that plans originally called for the Cougar to be placed beside a Vimy Ridge oak sapling that the Sackville Rotary Club planted in 2017.

“The sapling represents a kind of rebuilding, a regeneration rather than the negative aspects that are associated with these vehicles,” he says.

“I also consider that putting yet another war machine in the park is sending out the wrong message to any visitors to the town,” he adds, “and I think it could be taken very negatively by First Nations as well.”

Posted in Town of Sackville | Tagged , , , | 15 Comments

No objections at public hearing to small Sackville pot grow-op

Posted on June 17, 2019 by brucewark

Planner Tracey Wade

Sackville moved a step closer to getting its first legal marijuana growing operation last week when town council held a formal public hearing on a proposal to set up a 2,150 square-foot cannabis greenhouse off Main Street near School Lane in Middle Sackville.

No one appeared before council to speak for or against the proposal put forward by Sackville residents Danny Fillmore and Sari Weinberg.

The couple have applied for permission to grow organic cannabis under a federal licence on agricultural land at the rear of their property.

Planner Tracey Wade told council that at a meeting last month, the Southeast Planning Review and Adjustment Committee (PRAC) passed a recommendation that Sackville change its zoning bylaw to permit such small-scale cannabis cultivation in areas that are zoned as agricultural/conservation.

“Cannabis cultivation generally is considered to be similar to the growing of other crops,” Wade told council. “It’s a growing of a product for human consumption, so it’s really hard to distinguish it between corn or other things.”

Wade added that the micro-cultivation of cannabis in a greenhouse with a 200 square-metre growing area would have a similar impact as a dairy barn whereas larger-scale or “standard” cultivation would not be appropriate in an agricultural zone.

“Standard cultivation, given that there’s no limit to size, the recommendation from staff is that it’s still considered more appropriate to be set up in an industrial zone,” she said.

Danny Fillmore and Sari Weinberg have applied for town approval to set up a marijuana growing greenhouse behind their home in Middle Sackville

In answer to a question from Councillor Shawn Mesheau, Wade acknowledged that one member of PRAC from the Cap-Pelé area voted against recommending a change in the zoning bylaw.

“I don’t even think it’s a formal application yet, but there’s talk about one of the largest outdoor cannabis growing operations being set up near Cap-Pelé, it’s a very sensitive topic,” Wade said. “We kept having to steer the discussion back to the issue of micro-cultivation in one specific zone,” she added.

Mesheau asked if there had been any concern about issues such as odour.

“The discussion was about that but again, the comparisons that were being made were some of the major operations in Quebec where there have been a lot of complaints,” Wade answered. “Again this is a micro [operation], so it’s limited in size and scope.”

According to Global TV News and the French-language newspaper L’Acadie Nouvelle, the Moncton-based company Solargram Farms is proposing to establish an open-air marijuana grow-op on 65-acres of land near Cap-Pelé.

Meantime, Sackville Town Council is expected to give first reading or approval-in-principle to the zoning change at its meeting next month with final approval likely in August.

To read earlier coverage, click here.

Vote on deputy mayor

Town council held its annual election for deputy mayor last week. Bruce Phinney nominated Shawn Mesheau for the post, while Joyce O’Neil nominated Ron Aiken, who has held the position for the past year.

In a show of hands, Mesheau received two votes, his and Phinney’s, while the other councillors voted for Aiken who will continue to serve as deputy mayor until the municipal election next year.

Posted in Town of Sackville | Tagged , , , | 3 Comments

Backgrounder on why Warktimes was wrong about children as young as six being allowed to ride ATVs on Sackville streets

Posted on June 14, 2019 by brucewark

Mayor John Higham

During the public question period at Monday’s town council meeting, Mayor John Higham raised concerns about the accuracy of a Warktimes report that quoted a spokesman for New Brunswick’s off-road vehicle enforcement unit.

On May 20, the spokesman told Warktimes that children as young as six could be operating smaller-sized, all-terrain vehicles on designated Sackville streets after the provincial minister of public safety gives final approval to a bylaw that town council passed last month.

When I asked if I could quote him by name, he replied that I should identify him as “a spokesman for off-road vehicle enforcement” and gave me his direct office number to call if I had any further questions.

His new information led me to post the following update to a story first published on May 17.

UPDATE: Last week, I called the New Brunswick off-road vehicle enforcement branch to check on age restrictions for ATV riders operating on designated town streets. A spokesman for off-road vehicle enforcement returned my call on Monday morning, May 20th. When I explained to him that as I understood it, the minimum age to operate an ATV on town streets would be 14, he corrected me saying that under provincial regulations children as young as six could operate an ATV on town streets provided they have a proper-sized ATV (ATV not exceeding 70cc). He explained that in effect, the town bylaw extends the trails to the designated streets, so the regulations that apply in the woods, also apply on the streets. Click here to view those regulations. The spokesman added however, that off-road enforcement officers rarely see children under age 15 riding their own ATVs on the trails. Younger kids usually ride as passengers on a parent’s ATV, he said. But, he stressed that under the regulations, the minimum age is indeed six. (Note: All ATVers from ages six to 16 must pass an approved safety course and be supervised by an adult, over 19, who has also taken a safety course.) I have updated the following piece to include the new information.

Journalist Bruce Wark

On May 29, I received this e-mail from Sarah Williams, communications officer for the provincial department of public safety:

Mr. Wark, 

Thank you for the opportunity to clarify some items in your post “Sackville Town Council approves ATVs on busy streets” … When it comes to all-terrain vehicles the Off-Road Vehicle Act designates drivers on managed trails as being 16 or older.  It does allow youths aged 14 and 15 years to enjoy those same privileges on managed trails provided they have successfully completed an approved all-terrain vehicle safety training course and are driving an all-terrain vehicle that is prescribed as appropriate for a person of that age. The youths must be in the clear view of a person who is 19 or older and who has also successfully completed an approved all-terrain vehicle safety training course. Your story references children as young as six being allowed on the road. This is not the case. Regulations under the Off-Road Vehicle Act only permit youth over the age of 14 to operate off-road vehicles on a managed trail, like the one being proposed by the Town of Sackville.  The Minister of Public Safety has not yet approved this by-law and ministerial approval is required under the Act. The act is accessible at:http://laws.gnb.ca/en/showfulldoc/cs/O-1.5//20190527 The regulations are accessible at: https://www.gnb.ca/0062/acts/BBR-2009/2009-51.pdf

Sarah Williams Communications Officer / Agente des communications Department of Public Safety / Ministère de la Sécurité publique

During Monday’s question period, Mayor Higham asked if the department of public safety had contacted me about the accuracy of my story. I said I had received an e-mail from a communications officer and explained that I had made repeated calls to the enforcement spokesman’s number leaving messages on his answering machine asking him to call me back for clarification, but no calls had been returned.

Deputy Mayor Ron Aiken pointed to section 19.31 of New Brunswick’s Off-Road Vehicle Act, which states:

Operation of off-road vehicle on a closed course by young person

19.31 Subject to the conditions prescribed by regulation, an off-road vehicle may be driven on a closed course by a person who is under the age of sixteen years if the closed course is operated by an organization accredited by the Registrar.

Deputy Mayor Ron Aiken

“It states quite explicitly in there [the Act] that anyone under 14 can only ride an ATV on a closed course,” the deputy mayor said referring to Section 19.31. He also referred to provincial regulations governing closed courses.

I responded that I had read the Off-Road Vehicle Act.

“I never go by my own interpretation of a law without checking with someone who knows what the words mean,” I said. “And that’s what I did.”

I have since found the online document Standards for Recreational-Use Closed-Courses which clearly supports the deputy mayor’s position:

In practical terms, a recreational-use closed-course is an area which is designed and managed to provide a safe, controlled environment where properly trained off-road vehicle users 6-13 years of age can operate age-appropriate off-road vehicles…

Q. Where can 6-13 year olds legally operate an off-road vehicle?

A. Persons 6 to 13 years of age inclusive may ONLY operate an age- appropriate off-road vehicle on a recreational-use closed as defined in the regulation.

To read the entire document, click here.

Warktimes regrets having published an incorrect story. If the minister of public safety approves the town bylaw, the minimum age for operating ATVs on Sackville streets will be 14 as long as young riders under age 16 have passed an authorized safety course and are supervised by someone over 19 who has also passed such a course.

I have corrected my earlier story.

Posted in Town of Sackville | Tagged , | 2 Comments

Treasurer says Sackville might have to raise taxes to pay for flood control project, but only in ‘worst-case scenario’

Posted on June 13, 2019 by brucewark

Treasurer Michael Beal

Sackville Treasurer Michael Beal told council on Monday night that while a tax increase might be needed to finance the Phase III completion of the Lorne Street flood control project, it would only be required as part of what he called “a worst-case scenario.”

Beal was speaking shortly before a majority of councillors voted to seek more money from the federal and provincial governments for Phase III. The town estimates it would cost $4.6 million with 40% of that money ($1.84 million) coming from the federal government.

The treasurer said that under his worst-case scenario, Sackville’s share would be 33% or $1.52 million, but if the province agreed to pay 33%, the town would need to contribute only $1.24 million. Beal’s worst-case scenario also includes borrowing money at 5% interest even though the town’s last financing cost less than 2.5%.

“I don’t want to say at this point in time that we could do this with a potential of no tax increase,” he said. “What my projections show is that in a worst-case scenario, it’s 33% municipal funding, 5% borrowing and our tax base stays relatively neutral, we could have to look at a one to one-and-a-half cent tax rate increase.”

(Last year, when the town raised taxes by one cent to $1.56 per $100 of assessment, it meant that a homeowner whose property was assessed at $100,000 paid $10 more per year in taxes.)

Beal said, however, that many factors are at play that could eliminate the need for a tax increase — factors that include the town’s share of the costs falling to 27%, borrowing costs under 5%, continued growth in the town’s tax base, lower than estimated Phase III construction costs and the use of money from the capital reserve fund that is left over from Phase II.

“If all goes well and [these] factors come into play, then again, we would not have to increase any tax rate,” Beal said.

Holding ponds, but no new aboiteau

Town Engineer Dwayne Acton

The Phase III project would include a 20,000 cubic metre (cm) storm water retention pond in the old Pickard Quarry as well as a 40,000 cm pond behind the community gardens on Charles Street along with ditches and piping to carry storm water through the industrial park to a provincially owned aboiteau on the Tantramar River near the town’s main sewage lagoons.

Town Engineer Dwayne Acton told council that the addition of the two new retention ponds would add to the 40,000 cm pond now under construction as part of Phase II giving the town the 100,000 cm capacity it needs to handle a one-in-one-hundred year storm.

Phase III does not include plans for a bigger aboiteau to discharge water into the river because all aboiteaux in the area are owned by the provincial Department of Transportation and Infrastructure (DTI).

“We feel that DTI need to step up to the plate and upgrade their infrastructure to be able to handle the flow and the water that we [would] be sending towards a potentially new aboiteau,” Acton said.

He added that even if DTI didn’t come through with a new aboiteau, the retention pond in the quarry, the two larger ones east of Lorne Street and a series of deep ditches would be able to handle the water from major storms.

Although a majority of councillors voted in favour of seeking the federal and provincial money under the Investing in Canada infrastructure program, Sackville will be competing with other New Brunswick municipalities for the $5 million that the province has allocated as its share of the program.

For a timeline on how the Lorne Street flood control project has evolved since 2016, click here.

Posted in Town of Sackville | Tagged , | 5 Comments

Phinney calls for dismissal of senior town staff as Sackville councillors debate future of flood control project

Posted on June 11, 2019 by brucewark

Councillor Bruce Phinney

In a 6-2 vote Monday, Sackville Town Council approved applying for more money to complete Phase III of the Lorne Street flood control project at a cost to the town of between $1.24 and $1.52 million.

If the application is successful, the rest of the project’s estimated $4.6 million cost would come from the federal and provincial governments.

The Phase III project would include a retention pond in the old Pickard Quarry, now owned by Mount Allison University, as well as a 40,000 cubic metre pond behind the community garden on Charles Street along with ditches and piping to carry storm water through the industrial park to a provincially owned aboiteau on the Tantramar River near the town’s main sewage lagoons.

In expressing his opposition to the project, Councillor Bruce Phinney called on the town to replace Crandall Engineering, the Moncton-based consulting firm that so far, has led the design and oversight of all three phases of the Lorne Street project.

“I have no faith in Crandall Engineering,” Phinney said, adding he’s also starting to have concerns about the town’s senior staff.

“I’m actually even making a recommendation that Mr. [Jamie] Burke, Mr. [Dwayne] Acton and Mr. [Phil] Handrahan be removed from the employment of this town and find somebody to replace them as well.”

When Mayor John Higham warned Phinney that his words carried no immunity and that legal action could be taken against him, the councillor responded that he was recommending replacement of the Senior Manager of Corporate Projects, the Town Engineer and its Chief Administrative Officer because their mistakes cost $525,000.

Phinney was referring to the discovery of 14-thousand tonnes of contaminated soil and other materials on land the town acquired on an “as is” basis from CN Rail in order to dig a 40,000 cubic metre retention pond that is still under construction as part of Phase II of the flood control project.

To read a transcript of Phinney’s remarks, click here.

Mayor explains need for Phase III

Mayor John Higham

Mayor Higham prefaced the debate over whether the town should apply for more funding to complete Phase III by reminding councillors that in 2014, CN Rail had threatened to sue Sackville because of flooding.

Although CN withdrew its threat then, the mayor described the company as “very litigious” believing that the courts would side with it if flooding caused a shut down that would disrupt its whole system.

“Any train that’s stalled here affects basically a supply line that goes across North America,” Higham said.

“If we’re lucky and it’s only for an hour or two, that’s significant, but it does delay a whole variety of other trains for an hour or two. So, if it’s going to be a day or two, recall this is going to be tens of millions of dollars of potential liability. Tens of millions of dollars.”

The mayor suggested that insurance would cover the town’s liability only if it invests in flood control projects designed to handle one-in-one-hundred-year storms.

“The reality of the insurance industry is if you do not build to what is a one-in-one-hundred year event that you’re aware of and know of, then your insurance doesn’t apply because you consciously chose not to build to the acceptable standard of the day,” Higham said.

To read a transcript of the mayor’s remarks, click here.

Fire insurance

Councillor Bill Evans

In supporting the motion to seek more funds for completion of Phase III, Councillor Bill Evans said the town would be preparing itself for a worst-case scenario, flooding that may never happen.

“Most of the time, it’s going to look like we don’t need this,” Evans said. “The retention ponds will be empty most of the time and even when there’s significant rainfall events, they’re not all going to be full,” he added.

“This is preparing for the worst case. So I just want to make that point to all the people who say ‘we don’t need to do this’  because it’s like I had a house for 40 years and had fire insurance for 40 years and never got a penny, so I guess that was a big mistake having fire insurance. I don’t think so.”

Councillor Shawn Mesheau, who voted with Phinney against the motion to apply for more Phase III funds, suggested that council was being pressured into making a quick decision.

Town manager Jamie Burke responded that the town didn’t know the cost-shared, funding program would be going ahead until May 7th when the province invited municipalities with “shovel-ready” projects to apply by June 28.

Tax increase?

CAO Phil Handrahan sounded exasperated at the criticism of town staff saying that he and the department heads have always worked hard in the best interests of the town and its citizens following directions given to them by the mayor and council.

“You people were elected to make the decisions and be accountable to the public. We’re here to do what you want us to do and you direct us to do it. That’s all we’re trying to do,” Handrahan said.

CAO Phil Handrahan

The CAO picked up on Treasurer Michael Beal’s financial analysis showing that although it’s unlikely, council might have to raise taxes to cover its share of the costs of the flood control project.

“It pushes us financially. It doesn’t fit with where we hoped to be,” Handrahan said. “It might mean a tax increase in a year or two, but our financial position compared to other municipalities and our borrowing capacity, we’re in very good shape in Sackville,” he added.

“If it scares you, don’t do it,” Handrahan told council. “Sit back and do nothing and we’ll just see what happens because you’re right, we haven’t had a flood in a few years, but you had three of them in my first two years here that weren’t supposed to be the one-in-one-hundred, but it shut us down and there was lots of criticism and complaints,” he said.

To read a transcript of the CAO’s remarks, click here.

Bill Evans was the only councillor to respond to Bruce Phinney’s call for the dismissal of senior staff. To read his comments, click here.

To read the motion that was approved by Deputy Mayor Ron Aiken, Councillors Allison Butcher, Andrew Black, Joyce O’Neil, Bill Evans and Michael Tower, click here.

Posted in Town of Sackville | Tagged , | 22 Comments

Cool clear water: EOS testing new rain-friendly asphalt in Sackville

Posted on June 6, 2019 by brucewark

Town workers “depaving” parking spot beside Bill Johnstone Memorial Park

Town workers used a backhoe this week to rip up pavement and dig soil from a parking space on Ford Avenue beside Bill Johnstone Memorial Park. Then, they filled the hole with gravel to prepare for the installation of permeable asphalt that allows water to seep through it unlike the conventional kind that directs rain water into storm drains.

Parking spot and storm drain area filled with gravel

The “depaving” project was sponsored by EOS Eco-Energy, the non-profit group that promotes community-based ways of fighting climate change while adapting to it. The town contributed the preparation needed, while EOS and its other funding partners are paying Dexter Construction around $5,000 to install about 10 tonnes of the permeable asphalt.

EOS co-ordinator Kelli-Nicole Croucher explains project during “learning day” on Tuesday

On Tuesday, EOS Watershed Co-ordinator Kelli-Nicole Croucher conducted tours of the project for more than 50 government officials, planners and members of environmental groups who were visiting Sackville as part of a “learning day” on climate adaptation organized by the New Brunswick Environmental Network and paid for by the federal and provincial governments.

Workers installing permeable asphalt on Wednesday

As the new permeable asphalt went down on Wednesday, Croucher said she was excited to see Sackville’s first installation of it.

“It will allow the water cycle to continue as it should,” she said. “The water can infiltrate down into the ground so it’s recharging ground water and the one-metre fill that’s under this permeable asphalt also acts as a filter, so it’s actually removing contaminants and any pollutants,” she added.

“Once that water is entering the groundwater or going into the storm sewer system and then out to our water bodies, it’s actually improved,” Croucher said, adding that the filtered water helps maintain the health of the watershed.

She said EOS chose this particular spot for its permeable asphalt pilot project because water pools on the surface here during rain storms.

Croucher describes the test project to CBC reporter Tori Weldon

Croucher acknowledges that at the moment, permeable asphalt is more expensive than the conventional kind, but says the project is both a test to see how it works as well as a demonstration project for public viewing.

“We’re expecting a lot of rain tomorrow, so it will be great to see how it performs right off the bat,” she said, referring to the Thursday forecast predicting steady rain.

Permeable asphalt appears to pass its first rain test on Thursday (click to enlarge)

Croucher says EOS and the town will monitor the new asphalt for a year to see how well it works.

For more information, click here.

EOS staff at asphalt event. L-R: Amelia Moore, Amanda Marlin, Kelli-Nicole Croucher, Eric Arbeau

Posted in Environment, Town of Sackville | Tagged , , , , , , | 3 Comments

Questions raised about discovery of contaminated materials during ‘learning day’ tour of Sackville’s new flood control project

Posted on June 5, 2019 by brucewark

Town engineer Dwayne Acton conducting tour of St. James St. flood control pond

More than 50 land-use planners, government officials, academics and members of environmental organizations visited Sackville Tuesday to learn about the town’s climate change adaptation projects including the new $2.5 million flood control pond that is still under construction.

The event, which was billed as Learning Day: Natural and Nature-Based Climate Adaptation, was organized by the New Brunswick Environmental Network and paid for by the federal and provincial governments.

Town engineer Dwayne Acton and senior manager Jamie Burke delivered a slide presentation on the Lorne Street flood control project at the Sackville Commons and then led participants on a tour of the 40,000 cubic metre storm water pond that is part of Phase II of the project.

“We tried to keep the natural features, groves of trees that were native to this area,” Acton told tour participants as they stood beside the pond on the south side of St. James Street. “We tried to create our own naturalized retention pond.”

He said any additional costs of keeping the natural features were “minimal, minimal,” adding that the pond’s service roads would double as walkways connecting to the town’s extensive trail network.

Acton pointed to an excavator on the west side of the pond that was loading creosoted rail ties and concrete onto a truck that would haul them along with soil laced with petroleum, aromatic hydrocarbons and heavy metals to a disposal facility in Memramcook.

As reported earlier, disposing of the contaminated materials is adding an extra $500,000 to the cost of the project.

Acton explained that the town originally planned to drain storm water to a second larger pond.

Plans had to be changed after bids on the original one came in at $6 million, double the original budget.

“But then we were able to acquire a lot of land from CN which turned out to be a bit of a mess,” he said, referring to the discovery of the contaminated materials on the railway’s property.

View of pond from where tour participants were standing

When someone wondered whether CN was motivated to give up the land because the company would benefit from a flood control project near its tracks, manager Jamie Burke responded that the town hasn’t figured out “what really motivates them,” adding that CN had an old office building that he probably wouldn’t want to put his dog in, so that when the town offered to buy a more modern building in the industrial park, CN agreed to swap the land for it.

The group laughed when Burke went on to say, “They said ‘OK, you do that for us and we’ll give you the rest of the property as is, where is.'”

When a participant asked about CN’s financial responsibility for removing the contaminated materials, Burke said: “They own property all across the country and their properties are contaminated across the country, so they don’t want to get into the contaminated land business.”

He added that CN told the town the storm water would have to be stored on the north side of its tracks.

“So despite the federal government, the provincial government, the town of Sackville making improvements to protect not only our own municipality, but a piece of national, critical infrastructure which is the train track,” Burke said, “they have yet to contribute any money to the overall project other than partnering in the land exchange.”

When another participant asked whether the town had exercised “due diligence” in acquiring the CN land, Acton responded that six or eight bore holes had been drilled to test the soil.

Later, after the group had moved to the other end of the pond near Crescent Street, Burke said that good communication, including his regular updates on the town’s website, are key to maintaining public support.

He acknowledged that there is still opposition to the town’s approach from a small and persistent group, but suggested half jokingly that the critics might be silenced when Sackville eventually wins awards for its flood control project.

Posted in Environment, Town of Sackville | Tagged , | 15 Comments

Sackville manager says onus was on the town, not CN, in property swap

Posted on May 30, 2019 by brucewark

Coun. Michael Tower

Sackville manager Jamie Burke says the town was in a difficult position when it was negotiating with CN to acquire just over 6.7 acres from the railway for the construction of a big flood control pond south of St. James Street.

He was responding during Monday’s special council meeting to a question from Councillor Michael Tower who asked whether municipal officials made any attempt to find out from CN what they had buried on the property.

The town has since discovered about 14-thousand tonnes of soil laced with petroleum, aromatic hydrocarbons, heavy metals and other contaminated materials that will cost taxpayers half a million dollars to clean up.

“Everybody in town knew that CN had junk in that thing and you had enough warning from everybody around town about it,” Tower said.

Burke responded that he was the main person involved in the land transactions with CN.

“CN was in a duty to disclose if they had any contamination on the property,” Burke said. “They did not disclose that they had any.”

He added that since CN had an office on the property and still needed one, the town offered to trade the AutoPlus building it acquired at 124 Crescent Street.

As part of the deal, CN indicated it would give its old property to the town on an “as is” basis.

“We had conversations with CN’s real estate team as we were going through the process,” Burke said. “They were not interested in any type of geo-technical investigation being done on that property.”

He said that when the contamination was discovered, the town asked CN for any information it had about what might have been stored on the site, but the company said it had no information in its files.

Town manager Jamie Burke

“This has been a difficult, difficult situation from the very start,” Burke said. “It is an unfortunate situation and, as we’ve said from the very start, thankfully the budget allows us to be able to remove the [contaminated] material; removing the material, we still think, it’s the right thing to do.”

Mayor John Higham asked Burke to respond to his summary of the situation in which the mayor said: “CN had no interest in providing the land if there was an option to look for contaminants before exercising that option.”

“I can’t say specifically that they’ve indicated that they weren’t interested in that, but I’d be very surprised if they would have permitted a geo-technical investigation of any sort,” Burke answered, “because what happens is that sometimes when you find contamination on your property, there’s then an obligation for you to clean it up.”

Burke added that CN needed a new office and offered the land behind Atlantic Towing on Lorne Street where its old one sat on an “as is, where is” basis.

“‘You need to get us an office because we have an office in that area where we [the town] want to put the pond,” Burke said summarizing CN’s position.

“The onus was on the municipality,” he concluded.

To listen to this two minute and fifty second segment of Monday’s town council meeting, click on the media player below:

Posted in Town of Sackville | Tagged , | 24 Comments

More contaminated soil found at Sackville flood project; clean-up costs rise to $500k

Posted on May 28, 2019 by brucewark

Excavation continues on flood project that includes a 40,000 cubic metre pond where an estimated 14-thousand tonnes of contaminated soil and other toxic materials have been found

Sackville Town Councillors were summoned to a special meeting at noon on Monday where they were asked to approve spending another $125,000 to dispose of 5,000 more tonnes of contaminated soil discovered last week during the excavation of a flood control pond south of St. James Street on land that was used as a railway yard for more than a century.

Last month, council  approved spending about $400,000 to dispose of 9,000 tonnes of soil laced with petroleum and aromatic hydrocarbons as well as heavy metals. At the time, officials described the contaminated area as a “pocket” on property the town bought from CN Rail on an “as is” basis.

Town engineer Dwayne Acton explained on Monday that an additional 5,000 tonnes of soil mixed with various materials including buried concrete, creosoted wood and a six inch terra cotta water main would now also have to be trucked to the Envirem Organics disposal site in Memramcook.

Both Acton and Pierre Plourde of Crandall Engineering — the company that is overseeing the flood control project — warned however, there’s no way of knowing for sure whether more contaminants will be discovered as excavation continues.

‘Just a pocket’

Coun. Allison Butcher

Councillor Allison Butcher sounded uncharacteristically angry as she questioned the original use of the word “pocket” to describe the contaminated area that had not been discovered during drilling for soil testing.

“I know people had asked before why didn’t we find these [contaminated soils] when we were doing the bore holes and I was thinking, well, it’s just a pocket,” Butcher said. “Well, this is a freakin’ big pocket,” she added, her voice rising in apparent frustration.

“When does it become not just the town needing to pay for this bump in our road,” she said, “and when does Crandall chip in or when do we stop needing to keep paying and paying and paying?”

Butcher suggested that Crandall should have foreseen the contamination when it originally assessed the project and should now share at least some of the clean-up costs.

Crandall engineer Pierre Plourde responded that in civil engineering projects, contractors such as Birch Hill Construction, are paid for every tonne of soil they remove and truck away based on amounts that are sometimes higher and sometimes lower than originally estimated.

He explained that some aspects of the project, such as installing pipes under the CN tracks, cost much less than expected.

“It goes both ways,” Plourde said. “We’re managing the contract as a whole, but when you look at it, some items will be higher, some items will be lower…It’s a unit bid contract as opposed to a lump sum contract.”

‘Money pit’

Coun. Shawn Mesheau

Councillor Shawn Mesheau  said he agreed with Butcher that Crandall Engineering should take some responsibility for the project’s rising costs.

“This is becoming a money pit,” he said. “CN is known not for taking care of its properties and as we dig we find more and I’m just wondering what type of liability that Crandall has here.”

Mesheau said that even though the town is paying only 25% of the costs, it’s still taxpayers who are footing the bill and there’s no guarantee that more contamination won’t be found.

“The fact is is that the due diligence wasn’t done on this piece of property to ensure that we aren’t up against this again,” he said. “There’s a lot of balls that have [been] dropped here and I’m sorry, but as a councillor sitting here and going to be requested to spend another $125,000 of taxpayers’ money and we’re still not sure? That concerns me.”

Mayor defends ‘due diligence’

Mayor John Higham

Mayor John Higham said that until the contaminated soil was discovered, the town had no indication that it might be on the excavation site.

He noted that the province had not flagged it on its listing of potentially contaminated land.

“You’ll recall that in the parcels [of land] that we brought together, there was only one plot that had a flag of a potential, probable contamination and we chose not to purchase that site,” Higham said. “CN was not flagged as a probable contamination at that [provincial] level.”

The mayor added that bore hole testing conducted by independent engineers showed no contamination and the full environmental impact assessment conducted by the province did not flag contaminated soil as a potential problem.

“If there’s a question about due diligence, I think it’s important that the community understands just how much has gone into that,” Higham said, “and that’s how we got here, [there] was no evidence whatsoever through all of those steps and all of those independent looks.”

CN’s the ‘villain’

Deputy Mayor Ron Aiken

Deputy Mayor Ron Aiken said he was critical of Crandall when the flood control project had to be redesigned because bids for the original project came in at double the costs that had been projected.

But he suggested that having spent part of the weekend digging for a buried septic tank on his own lawn, he realizes it would take time to find and remove contaminated soil.

“The real villain here is the CN Rail who indiscriminately buried large tonnes of toxic junk and now we’re expected to clean it up,” Aiken said. “I realize going after CN is a completely fruitless exercise because they have more lawyers than we do.”

Aiken agreed with other councillors, including Michael Tower, who said that in spite of the costs, the town was doing the right thing by removing the contaminated soil.

4-2 decision

In the end, the deputy mayor seconded Councillor Tower’s motion to allocate $125,000 to dispose of the contaminated soil.

Councillors Andrew Black and Joyce O’Neil also voted for the motion, while Councillors Butcher and Mesheau voted against.

Councillors Bill Evans and Bruce Phinney could not attend Monday’s noonday meeting.

To read the town’s latest update on the contaminated soil, click here.

Posted in Town of Sackville | Tagged , , | 21 Comments