Saint John council holds special west side water meeting tonight, open house Thursday
Saint John city council is holding a special meeting in council chambers tonight to update the public on the west side water problems that have prompted a class-action lawsuit.
The city will also host an open house with a panel of water experts on Thursday at St. Mark's United Church from 4 p.m. to 6 p.m., and 7 p.m. to 9 p.m., Mayor Don Darling announced late Tuesday afternoon.
West side resident and former Fundy Baykeeper David Thompson raised concerns about the open house. He contends the city should instead hold another community meeting, like the well-attended one held earlier this month.
"The public has to have an opportunity for everyone to hear the same message," said Thompson.
Open houses tend to involve one-on-one discussions. "They aren't going to come away educated on the global problem," he said, noting some people might be experiencing broken pipes, while some have plugged filters and others have skin rashes.
"When people go to a public meeting, they can hear what all their neighbours are saying."
It's also easier for the media to report on public meetings, Thompson added.
It was a full house for Tuesday's council meeting, which started at 7:30 p.m.
The meetings come after the city was officially served with notice last Friday of a class-action lawsuit filed on behalf of west side residents.
The lawsuit accuses the city of negligence and breach of contract, and calls for compensation for leaking pipes and other damages the plaintiffs blame on a new well-drawn water system.
None of the allegations in the statement of claim have been proven in court and the lawsuit has not yet been certified.
The city has 20 days from date of service to file a statement of defence.
About 100 people have registered to join the action so far, said Charles Bryant, one of the lawyers who filed the suit "in response to public demand."
Property owners Frances Brownell and Cheryl Steadman are listed as the two representative plaintiffs in the statement of claim, filed with the Court of Queen's Bench on Feb. 14.
Once the city files its response, the class-action lawyers will focus on gathering information about "scope of damages, the scientific determination of the cause(s), and details of the decision making processes about the west-side water sources."
"Our hope is to move as quickly as possible through what is typically a relatively slow process, so west side residents aren't left hanging too long," said Bryant.
About 5,600 customers on the city's west side had their water source switched over to the South Bay Wellfield instead of the Spruce Lake Reservoir in September as part of the Safe Clean Drinking Water project.
Water from the underground aquifer is mineral-heavy and hard.
At least 107 customers have filed complaints of leaking pipes and the mayor faced an angry crowd of about 350 people during the last community meeting, held on Feb. 8. One man said repairs have cost him $16,000.
Other complaints have included water heater problems, irritated skin and stained dishes.
Saint John Water has said it suspects changes in the chemical composition of the water is causing mineral descaling of older pipes, exposing leaks. It has launched an investigation, but has said it could take months.
Saint John Water commissioner Brent McGovern will provide a media update on the situation Wednesday at 11 a.m.
Ratepayers shouldn't foot the bill
Some residents at the Feb. 8 meeting had threatened to take legal action if the problems weren't resolved soon.
The mayor, who lives on the west side, along with Ward 1 Coun. Greg Norton and Coun. Blake Armstrong, said at that time any compensation would be paid by ratepayers.
"We find this response unacceptable and will explore other possible sources of funds — such as the city's insurance policy against litigation," the class-action lawsuit's website states.
"If it is determined that the city is responsible for some compensation to west side residents and business owners that is not covered by insurance, it will be up to city lawyers to seek damages from responsible parties through their own litigation process."
The statement of claim alleges the city failed to:
- Adequately test, analyze and/or review the distinct chemistry of the new water source and condition of the water pipes before, during and after the switchover.
- Adequately design, construct, inspect, repair, maintain, operate and supervise the water supply and distribution system.
The lawsuit is seeking damages to cover existing and future costs of repairing structural damage, and repairing or replacing pipes, appliances and other equipment.
It also seeks to have the pipes, appliances and equipment of every lawsuit member tested at least twice during the next year, as well as compensation for reduced property values and for mental, emotional and psychological harm.
