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Councillor angered over Saint John's failure to stop train whistles

Saint John council has not succeeded in stopping the use of train whistles at two east side rail crossing, seven years after it first raised the issue.

The delay is frustrating some city councillors, including Coun. Gerry Lowe, who said he often hears from people living near the crossings at Rothesay Avenue and nearby Thorne Avenue.

"I just can't understand why it drags and drags and drags," Lowe said.

"In Moncton, the whole city is whistle free, yet we have to go through this."

Traffic on the two crossings has increased dramatically since a new crude oil rail terminal opened near the Irving Oil refinery in 2012.

Trains and partial trains now move back and forth regularly.

Lowe said they sound their horns three times before crossing each of the roads, which are just a block apart. The two crossings already have automatic traffic barriers to stop motorists.

Standing in front of his St. Catherine Street home, Sean Flynn said he is losing patience.

"I feel like I'm in the seventh circle of hell," said Flynn.

"It has contributed to a lot of sleepless nights. And I'm not alone there. We have elderly people along this street."

Flynn said it is impossible to open his windows because of the noise.

City sees agreement imminent

Liability in event of an accident is one issue with eliminating the use of whistles. But a staff report says the city can assume all liability under its current $50-million insurance policy.

According to the report, the municipality is ready to provide NB Southern Railway and the Department of Transportation and Infrastructure with an indemnity "against all actions or claims related to the absence of train whistling."

"In terms of timeline, I really see this happening within the coming month," said Phil Ouellette, the executive director with the city manager's office.

"I do think that everybody is trying their hardest to get this completed."

But, Mary Keith, a spokesperson for NB Southern, did not offer a timeline in a brief statement to CBC News.

"Transport Canada, as part of the required process, has just completed its review and report," said Keith,

"We are continuing to review the information and the potential implications on other railroads operating on this line. We understand that this is an urgent topic for the City of Saint John and we will continue to keep this a priority."