WANTED: CONSTRUCTION POLLUTION CONTROL IN JAMAICA

SUPPORT OUR PETITION FOR CLEAN AIR STANDARDS IN JAMAICA NOW!!!

Despite claims from the National Environment and Planning Agency, NEPA, that there exists a construction site management protocol and air quality standards which regulate the pollutant levels emanating from construction sites, the vexed issue of construction pollution continues virtually unchecked in most neighbourhoods in Jamaica, with ongoing construction activity. Investigations have revealed that current air quality standards in Jamaica are outdated and are really geared towards monitoring industrial pollution, while NEPA itself has a serious capacity issue in terms of monitoring construction dust emissions. Indeed, further investigations have failed to unearth any construction site management protocol in existence at NEPA aside from instructions that construction sites must be appropriately hoarded. This has led to a scenario whereby the Trafalgar Council, in light of intolerable pollution levels in the vicinity of construction sites in Seymour Lands, Trafalgar Park and the residential sections of New Kingston has in recent times sought to engage individual developers in an effort to foster some semblance of order in the process. This has led to the development of Heads of Agreement with individual developers seeking to standardize construction site management best practices and mitigate pollution levels. Some of the issues normally included are as follows:

1. The Developer undertakes to use one or a combination of the following methods must be used to maintain dust control on all disturbed soils and Construction Sites, including all access routes and staging areas:

(a) The soil shall be maintained in a sufficiently damp condition to prevent loose grains of soil from becoming dislodged; or

(b) The soil shall be crusted over by application of water; or

(c) The soil shall be completely covered with clean gravel or treated with an approved Dust Suppressant.

In (a) and (b) above, this can be achieved by the use of water sprayers at such

intervals to dampen exposed areas as well as to facilitate wheel washing of all on-

site vehicles before they exit the site

The Developer undertakes to adhere to the following dust mitigation guidelines where practicable:

1. Reducing the size of the staging area;
2. Disturbing only a portion of the overall site at one time;
3. Paving roadways as soon as possible;
4. Constructing block walls as soon as possible;
5. Planting perimeter vegetation with a view to stabilizing loose soils at the beginning of the project;
6. Limiting the number of ingress and egress points;
7. Paving parking lots as soon as possible;
8. Stabilizing the portion of the construction site not being actively worked for the period of time it is vacant; or
9. Confine import haul traffic to compacted or paved routes where possible, to avoid picking up soil and rock in tyre treads.

1. The Developer undertakes to enclose and engage in the routine dampening of fine particle materials on-site

1. When winds occur that cause fugitive dust emissions, despite adhering to all best management practices, all construction activities must cease immediately, except water trucks which should continue to operate; Water trucks/pulls should continue to operate under these circumstances unless wind conditions are such that continued operation of watering equipment cannot reduce fugitive dust emissions or visibility is limited to an extent that it is hazardous to continue operating equipment.

1. The Developer or its assignee undertakes that under no circumstances shall construction material be stored outside the site perimeter

1. The Developer or its assignee undertakes to dispose of all construction waste in the approved manner dictated by the Government of Jamaica;

1. The Developer or its assignee undertakes to proceed expeditiously with the process of landscaping as soon as practical completion is effected so as to reduce the likelihood of loose soils and dust nuisance.

1. The Developer or its assignee undertakes to utilize all reasonable methods to minimize and/or eliminate instances of drug usage or the use of calumnious language on its work site.

1. The Developer undertakes to restore the roadway in the vicinity of development to at least the condition that it was in prior to the commencement of construction

Whereas, it is acknowledged that this is an untidy and highly inefficient approach to regulation, in light of NEPA’s inaction to date, there has been little option left to the affected citizenry as cases of respiratory illnesses in the communities of Seymour Lands Trafalgar Park and the residential sections of New Kingston have jumped considerably. However, whereas lobbying efforts will continue with NEPA and the KSAC, persons are being invited to directly contact Dr Leary Myers, Chief Executive Officer, NEPA (lmyers@nepa.gov.jm) and KSAC Chairman Mayor Desmond McKenzie (ksacoffice@ksac.gov.jm) to emphasize the need for a construction site management protocol and more modern air quality standards particularly as it relates to construction dust management. This as we collectively strive to Protect Our Community…One Home at a Time.

HELP! Fire Danger In New Kingston...

Road	No. of Apts. / Townhouse Complexes	Total Fire Hydrants	Defective Hydrants	Working Hydrants
Musgrave  Close	1	1	0	1
Musgrave Ave	1	2	0	2
Linstone Crescent	4	4	0	4
Gladstone Avenue	2	1	0	1
Montrose Road	1	0	0	0
Hopefield Avenue	10	6	5	1
Hilcrest Avenue	4	2	0	2
Clieveden Avenue	8	0	0	0
Clieveden Close	1	1	0	1
Donhead Avenue	6	5	3	2
Seymour Avenue	4	2	1	1
Tyndhurst Avenue	5	1	1	0
Seaview Avenue	7	1	1	0
Worthington Terrace	3	2	0	2
Worthington Avenue	8	2	1	1
Haining Road	4	1	1	0
Pawsey Road	1	1	0	1
Lords Road	1	3	1	2
Oval Road	1	0	0	0
Musgrave Avenue	1	1	0	1
Comlin Bank Avenue	1	0	0	0
Braemar Avenue	4	1	0	1
Upper Braemar Avenue	1	0	0	0
Upper Musgrave Avenue	2	0	0	0
Argyle Road	3	0	0	0
Upper Montrose Road	0	2	2	0
Windsor Avenue	0	1	1	0
Fairway Avenue	1	0	0	0
Kensington Avenue	9	0	0	0
Seatonhurst Avenue	3	1	0	1
Gary Close	2	1	0	1
Brompton Avenue	5	0	0	0
Brompton Terrace	0	1	1	0
Retreat Avenue	2	1	0	1
Lady Musgrave Road	11	5	3	2
Total	117	49	21	28

The communities of Seymour Lands (commonly referred to as the Golden Triangle) and the residential sections of New Kingston are at serious risk from fire. The nearby community of Trafalgar Park though not highlighted here, faces similar challenges. This, as a survey conducted by the Trafalgar Council on December 13, 2008 has revealed that approximately 43 percent of the fire hydrants which are supposed to service the communities are defective. Further some 27.4 percent (32 out of 117) of apartments and townhouse complexes have no discernible access to any public fire hydrant. Whereas no particular competence is claimed regarding whether or not these hydrants deemed as being defective are still able to provide some semblance of service, defective in this context is identified as those hydrants which have no caps, are obviously broken or are skewed at angles perhaps after being damaged in a vehicular accident. For the remaining hydrants, there is an assumption for the purposes of this discussion that given that they all have caps in place and have no obvious damage, they suffer from no other defect and are thereby deemed to be working. In any event, the communities are grossly underserved in terms of fire hydrant placement and in fact the current 49 hydrants that have been placed are deemed to provide less than 20 percent of the requisite coverage. This, on the basis that international fire codes dictate, that hydrants must be placed within 250 feet of any building to be protected. However, in Jamaica the more recent acquisitions of fire trucks (commencing in 2006) which have been characterized as “state of the art”, are fitted with hoses that are at maximum 200 feet long. Hence, the placement of fire hydrants must as a matter of common sense, be no more than 200 feet from any building to be protected in Jamaica. This is obviously not happening in the communities in question.

This matter is compounded further, when it is recognized that these “state of the art” fire trucks are equipped with 36-foot ladders. These ladders are only able to facilitate fire fighters in buildings no more than 3-storeys high and cognizance must be taken of the fact that in recent times the Town and County Planning Authority (TCPA), which receives its technical support from the National Environment and planning Agency (NEPA), and the KSAC (local authority) have approved several 4-storey apartment complexes in the communities being described here. The height of a single storey ranges between 10 and 12 feet, so that a 4-storey building would be 40 to 48 feet high not including the roof and hence a 36-foot ladder would be of little use on the top floors or roofs of many of these densely populated structures in the event of a fire. Indeed on Braemar Avenue and Argyle Road in Seymour Lands, there are 4 such buildings but Braemar Ave only has one (1) seemingly functional fire hydrant and Argyle Road has none. An even more frightening scenario obtains on Kensington Avenue in New Kingston where 9 multi-storey apartment and townhouse complexes have been built with the majority being 4-storey structures and there isn’t a single fire hydrant. It must be noted, that whereas emphasis is being placed here on the high density apartment buildings and townhouse complexes, there are still a considerable number of single dwelling houses in these communities, which in the main are completely unprotected.

This issue is further compounded when it is recognized that the authorities have unilaterally altered the density ratios in the community from 30 habitable rooms per acre to 50 habitable rooms per acre where there is access to a central sewage line and have also altered the setback distances to no more than 5 feet per floor. Further, though the site coverage standards set by NEPA, dictate that for apartment and townhouse complexes no more than 33 1/3 percent of the land should be used for structures and for single dwelling houses no more 50 percent can be used, this is treated with impunity with site ratios routinely approaching 75 percent, particularly for the apartment and townhouse complexes. Indeed, the plot ratios are so high that it is estimated that the 117 townhouse and apartment complexes identified in the Trafalgar Council survey, boast an average of 35 units per complex. So there are approximately some 4,095 such units in the communities surveyed with an estimated occupancy of 12,285 persons. This is even more worrisome when cognizance is taken of the fact that there are a number of schools in the community where the functionality of the hydrants is suspect, notably those on Hopefield Avenue and Hilcrest Avenue. In other words, given the proximity to adjoining properties, the overbuilding and the high densities involved, a single fire can have catastrophic consequences on the neighbourhoods, with there being no clear mitigation strategy in place.

It is therefore clear, that the authorities must, as a matter of urgency conduct a comprehensive audit of the fire hydrants in the communities described and effect repairs to those that are damaged and make arrangements to install the requisite number of hydrants to provide full protection to the communities. There is also need for a forensic audit of the building approval mechanism as the provision of fire hydrants form part and parcel of infrastructure requirements and it speaks volumes about the integrity of an approval process involving the TCPA, NEPA and the KSAC whereby, for example 8 apartment and townhouse complexes are approved and built on Clieveden Avenue in Seymour Lands and 9 similar complexes are approved and built on Kensington Avenue in New Kingston respectively, with absolutely no public fire hydrant provision being made.

Mayor McKenzie Disappoints

The Trafalgar Council is expressing alarm at the advertised participation of KSAC Mayor Desmond McKenzie in an outdoor concert / street dance as a music selector in the midst of a residential community. Indeed, the “free” dance which is billed as Vintage Rhythms is being sponsored by KLAS Sports Radio and boasts popular selectors such as Wee Pow (Stone Love) and Gladdy (Wild Bunch Disco) with special guest artiste Boris Gardener, will clearly attract a mammoth crowd, thereby creating a horrific nuisance for the townhouse and apartment complexes in the immediate vicinity. Indeed KLAS held a similar party on September 9, 2008 at its Haining Road offices which reportedly created a severe noise disturbance for a considerable period of time and this pattern will no doubt be replicated at this upcoming function. The concerns of the residents in this regard have been consistently articulated and it is therefore with consternation that the Mayor’s participation in and thereby tacit endorsement of a function which by its very nature will be in breach of the Noise Abatement Act is noted. This as Section 3.4 of the Noise Abatement Act stipulates that:

Subject to subsection (2) and section 5, no person shall, on any private premises or in any public place at any time of day or night:

(a) sing, or sound or play upon any musical or noisy instrument; or
(b) operate, or permit or cause to be operated, any loudspeaker, microphone or any other device for the amplification of sound ,in such a manner that the sound is audible beyond a distance of one hundred metres from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity …

The consternation of the afflicted residents is compounded when it is recognized that the KSAC has a critical part to play in the approval process for such functions, but its function as the local authority is now compromised by the participation of its Chairman, Mayor McKenzie in an activity which on its face will be in breach of the Noise Abatement Act.

A tribute to Alton Ellis, a true reggae pioneer, is laudable but such a function has no place in a residential community. However, the involvement of Mayor McKenzie as a music selector at a function of this nature creates quite the conundrum as his office remains a critical component of the regulatory framework but his actions would seemingly posit him as part of the problem and not the solution.

Jamaican Government to Seize and Sell Lands for Unpaid Property Taxes

“We are going to seize anything of worth that you may have for the value of the outstanding taxes and if that is not enough we are going to take the body to court”. That’s the most recent threat leveled by Acting Commissioner of Inland Revenue, Viralee Lattibeaudiere, as she addressed a recent joint press conference at the KSAC. Mrs. Lattibeaudiere also disclosed that persons would be recruited for training as bailiffs and that space would be rented to store seized goods. The Acting Inland Revenue Commissioner also advised of the Governments intention to reactivate the Quit Rents Act under which persons properties would be seized and sold for unpaid property taxes. "This is how serious we are going to get. I urge individuals to heed the Minister's call to pay up arrears. It will not be business as usual," she warned.

Quit Rent is a form of levy or land tax imposed on freehold or leased land by a higher landowning authority, usually government or its assigns. Some governments have now abolished the quit rent system and relieved those with a nominal quit rent obligation from the requirement to pay it, replacing quit rents with a uniform system of land tax. However in other countries, such as Malaysia, quit rent remains an important means of raising revenue from landowners. A full copy of the Quit Rents Act is provided below:

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NEPA, KSAC….BOTH SIDES OF THE SAME COIN

How can the Government of Jamaica establish a radio station in the midst of a residential community and yet the agencies which are supposed to have oversight responsibility for illegal land uses and zoning breaches claim to be unaware more than 3 years after the fact? That’s the case with KOOL FM which the Government of Jamaica established on Braemar Avenue in the heart of the Golden Triangle one of the oldest residential neighbourhoods in St Andrew in flagrant violation of not only the zoning laws but the restrictive covenants governing the community. Further, the National Environment and Planning Agency, NEPA, and the Kingston and St Andrew Corporation, KSAC, gave approval for the construction of a four-storey apartment complex next door to the radio station. Ironically the four-storey building (itself a breach) continues to be overshadowed by the Transmission Tower of the radio station.

This comes on the heels of loud and persistent complaints from the citizens, which the agencies in question continue to seek to frustrate, while patronizingly claiming to be desirous of a process of on-going dialogue. However, in light of the recent revelation that the Government of Jamaica had previously issued a directive to NEPA to ignore all breaches committed by other Government agencies, the delays relating to enforcement and efforts to frustrate the citizenry by both NEPA and the KSAC are now explained. Indeed, the process has been totally compromised and has opened the floodgates of corruption which has been apparently extended beyond just Government agencies to friends or other connected persons.

Will the Bruce Golding led Government of Jamaica now have the courage the commission a forensic audit of the entire approval process as impacted by NEPA and the KSAC?

Thank You Minister Vaz! We Always Suspected…..

The National Environment and Planning Agency NEPA in Jamaica, has been operating under a directive not to prosecute other government agencies for breaches! This was recently revealed by Minister of State in the Office of the Prime Minister Daryl Vaz and subsequently confimred by NEPA. That NEPA occupies such a significant role in the approval process, confirms that Jamaica’s building approval process is now so hopelessly compromised that only the scrapping of NEPA and removing Parish Council input from the process can hope to restore even a modicum of integrity to the process. This as the obviously complicity of the Local Authorities (Parish Councils and the KSAC) in this corrupt approval process cannot be ignored. Further, the fact that the Local Authorities with more than a working knowledge of the patently obvious corruption of the process, remained silent, particularly in light of the howls of protest from their constituents as part of nearly every citizens lobby group in Jamaica is a further indictment of that body. Indeed, if not for the public disclosure of Minister Vaz the truth would never have been revealed. For that Jamaica owes Daryl Vaz a debt of gratitude!

Indeed many citizens lobby groups, including the Trafalgar Council, have for years been regaled by anecdotes of blatant corruption in the approval process involving bribery, backdated approvals, the mysterious transfer and development of Crown Lands to name but a few areas of graft and corruption associated with the approvals process. However, even the most cynical amongst those groupings are most likely shocked by the notion that the corruption had in fact received the formal blessing of Central Government.

There is therefore need for a comprehensive investigation, inclusive of full forensic audit into the building approval and enforcement processes in Jamaica. Indeed, examples of questionable approvals and enforcement has spanned decades and affects all parishes. In the case of the Golden Triangle and the residential sections of New Kingston, there are several examples of construction projects being given approval to construct for example studio apartments, only to have them later converted to one and two bedroom apartments. There has been illegal construction of basements and the state stipulations about setbacks, reserved green space and plot ratios remain largely academic. However in each case there would have to be a multi-agency review of plans coupled with site inspections bolstered by Surveyors and Architects reports coupled with the interventions of other industry professionals, so it remains inconceivable that obvious breaches would remain undetected. Indeed so pervasive has been this activity that the Trafalgar Council has on the basis of the Planning and Development manual published in 2007 by NEPA, declared “Most New Construction in Golden Triangle is Illegal”.

This is equally evidenced in other parts of the Corporate Area with multi-storey dwellings and commercial buildings being constructed with absolutely no setback and yet were only detected when construction was either completed or near completion. To make matters worse those projects were constructed in the midst of busy thoroughfares teaming with motor vehicles and pedestrians on a daily basis, who recognized the breaches, yet the regulatory bodies claimed to be oblivious until it was functionally too late. Equally in terms of enforcement, several blatant breaches have been reported over periods of time spanning decades with minimal to no action being taken. While cognizance is taken of a lack of agency capacity, the inordinate delays in investigation and the failure to follow-up raises serious issues about the integrity of the process. For example, the addresses of commercial buildings boasting large signage displays and operating on popular roadways in the midst of residential communities, suddenly cannot be located by personnel from regulatory agencies to serve enforcement notices or investigate breaches.

Similarly, in terms of several new constructions on the North Coast of Jamaica, setback ratios are routinely breached and issues such as sewerage disposal are so ineptly dealt with that questions regarding the process of oversight must be raised. Again the breaches are so glaring that it would be impossible for them not to be determined by the regulatory bodies.

This lends credence to the oft-quoted aphorism that “…it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done”. In fact Lord Chief Justice Hewart in his ruling further advised that “Nothing is to be done which creates even a suspicion that there has been an improper interference with the course of justice”. Whereas these comments form the basis for the precedence, under English Law, establishing the principle that the mere appearance of bias is sufficient to overturn a judicial decision, prudence would dictate that the Local Authorities, NEPA and the Town and Country Planning Authority among others be guided by its far reaching applicability and implications.

This therefore raises the issue yet again as to the role of the political directorate in the approval process particularly at the local level. Indeed, there is a view that politicians at the local level across the island, have too much influence over the process and the prevailing ethos is such that it can actually foster corrupt activity, if persons are so minded. In this vein, Prime Minister Golding’s suggestion that a single entity be established to treat with building approvals may well be part of the solution, however in the interim, it seems only appropriate that a radical staff restructuring exercise be embarked upon involving employees associated with building approvals and enforcement in the regulatory bodies and that political personnel populating the crtical planning committees be rotated off these bodies. Indeed at the level of membership of the Town and Country Planning Authority and the NEPA Board, it would seem appropriate that such appointments be limited to 12 months, preserving the integrity of the process and again reducing even the perception of corruption.. These entities all have substantial power and in the absence of functional oversight can become corrupted and hence the approprate system controls must be instituted to preserve the integrity of the process.

For too long have accusations been levelled about corruption and cronyism regarding building approvals in Jamaica and its therefore timely for a full forensic audit to be conducted and a dispassionate determination of the truth made. In the event corruption and graft is discovered, those responsible would be expected to be punished to the fullest extent under the law. In the interim is the Office of the Public Defender likely to intervene on behalf of the tens of thousands of Jamaicans who have been victimized by decades of corrupt activity associated with building approvals sanctioned by the State?

No! Prime Minister Golding

Surprisingly, one of the most hotly debated issues in Jamaica this week has been the suggestion endorsed by Prime Minister Bruce Golding that persons who are found to be without their drivers licences are to be arrested and put in jail. This is not a new suggestion and indeed has been voiced, with hitherto no political support, by varying members of the Jamaica Constabulary Force (JCF) for several years. However, Prime Minister Golding has now given currency to this proposal and surprisingly there is a significant body of public support for this draconian strategy. This may well be driven by partisan support for the newly installed but embattled Golding regime or merely reflects the level of desperation being experienced by a frightened populace in the midst of a crime wave. Whatever its antecedence, the ease with which Jamaicans are willing to cede their constitutional rights including their most fundamental right of freedom is truly disconcerting. This is particularly poignant as there are simple and far less intrusive techniques available, particularly technological solutions, to the security forces to bolster their overall effectiveness in solving crime. Further, the JCF does not enjoy the trust of large segments of the Jamaican populace who regard the Police Force as a corrupt and woefully inefficient institution which is more prone to abuse any such latitude, rather than use it as it was theoretically intended.

Simple Solution
Each Police vehicle should be equipped with a computer, so that when persons are stopped in their so-called spot check if the person does not have on his/her person a drivers licence, the mere provision of a name and address should allow that person’s particulars inclusive of their photograph to be readily accessed. This is by no means novel and already obtains in several countries. Hence there is no reason for denying anyone their liberty over a drivers license. Further, Jamaica’s past is checkered with examples of failed attempts of controlling criminal activity with draconian measures. A case in point was the State of Emergency which was declared in 1976 and arising out of which was the dreaded Red Fence and Wire Fence where several persons liberty were denied them in a indiscriminate manner. However by 1980 Jamaica’s murder total soared to 800 persons perpetuating an upward trend which has continued to present even though most of the tenets of the Suppression of Crimes Act are still in use. However what that time period has facilitated is widespread abuse of citizens rights by the Police – unlawful detentions, physical abuse, warrantless raids, extra-judicial killings etc. Similarly, the deficiencies in Police investigative techniques are legendary with a noted example being the presentation of an illegal handgun to a Senior Superintendent of Police on stage at a Reggae Festival by an artiste who himself was wanted for questioning involving a criminal matter in another parish. According to the Senior Superintendent he was unaware that the artiste was wanted by the Police. Similarly, the case of Mr Joel Andem leader of a notorious gang who was at the top of the Police most wanted list. However upon his capture the Police waited almost one week to prefer any charges as there was no outstanding warrant for his arrest.

The simple fact of life in Jamaica is that there is no real will to tackle crime as persons have often advised in colloquial terminology that “…in Jamaica real bad man don’t hide”. This is seemingly borne out by the fact that some of the most notorious persons who have been arrested or killed in recent times were living comfortably in their homes in plain view usually in very affluent neighbourhoods. Further, in several inner city communities guns are openly brandished particularly after dark, drug houses are well known and in one case even had a flag on its roof to advertise its location to its patrons and potential clientele. Indeed, generally speaking an air of lawlessness obtains. Is it credible therefore to continue to claim that only the Jamaican Police remain oblivious to these developments and therefore require extreme measures to treat with the issues at hand?

Indeed, the argument posited by Prime Minister Golding of “straight to jail” for someone who perhaps changes a handbag or a pair of pants as the case may be and genuinely misplaces their drivers license is ill-advised and could well be construed by its critics as contempt for the principles and practices of a modern democracy. If the authorities are truly interested in cracking down on drivers licenses all they would have to do is establish some sort of electronic linkage between the tax collectorates and the Police and when persons go for renewals, if there are outstanding warrants for the person in question, arrangements can be made for their immediate arrest. However, in an environment where motorists who have committed a traffic infraction are routinely given the option of “write or left” – meaning either the police personnel writes a ticket or the traffic offender leaves a bribe, there is need for extreme caution in increasing the latitude of the police. Further, the recent initiatives involving the gang leaders in August Town highlights the extent of the moral decay in Jamaica. In that arrangement which obviously had the assent of the Police which had at least one representative at the ceremony, the gang leaders were allowed to keep their illegal weapons and there was a public signing of a truce of sorts. In the context of the foregoing, the Prime Minister would be minded to be guided by the age-old maxim “Power corrupts…Absolute power corrupts absolutely.” Jamaica has a acknowledged problem with crime, however there is no need for citizens rights to be further compromised because the State refuses to tackle the real issues at hand.