Homeowners along future Cross Town Trail in Fredericton feel ignored by city
Argyle Street residents cite safety concerns, city says ‘feedback is being considered’
"The whole process has failed us," said Melissa Deap, who has been living on the north side of the 100 block of Argyle Street for the past 17 years.
That's where one of a few new sections is planned to complete the Cross Town Trail — a multi-use recreational trail across the city's south side at the base of College Hill.
"I feel like I should have been a part of the consultations," said neighbour Jill Walker.
This is an example, from the City of New Orleans, that the City of Fredericton has posted of what it has in mind for Argyle Street. (City of New Orleans)
But under the current approach to notifying the public, a person would have to be in the habit of following city council meetings, social media or reading newspaper ads to happen upon many planned changes to neighbourhood streets before they're decided.
Both women said they're disappointed to have missed a public meeting about the trail plans last fall because neither of them knew it was happening.
"Apparently there were several votes taken throughout that meeting. And it was considered a positive thing that was going to happen," said Deap.
A few days later, council approved the conceptual trail route, which includes their street.
Deap says she should have been part of consultations for the planned bike lane on her street. (Jennifer Sweet/CBC)
The open house about the Cross Town Trail plan was advertised in several ways, according to the city.
It was posted on the Engage Fredericton online portal. There were several other digital notices and newspaper ads about it, and it was promoted through the Fredericton Trails Coalition and at a city mobility committee meeting, said city spokesperson Shasta Stairs, in an emailed response.
But many of the residents of about 20 homes along the proposed route did not see any of those notices and no mention of it was made directly to them.
It's a surprise to some that there's no requirement for the city to do so.
"It affects us directly," said Deap. "I would have appreciated a notice in our mailbox."
Residents of the 100 block of Argyle say they’ve been told it might become a one-way street with parking, or continue to be a two-way street, but have no parking. It currently has parking on one side only — the north side, where the bike lane is supposed to go. (Jennifer Sweet/CBC)
Infrastructure work is different in that way from things like new buildings or zoning changes.
For the latter, the Community Planning Act says direct notice must be given to people within a radius of 100 metres.
Mail-outs happen 10 days before going to a planning advisory committee meeting, said Stairs. The public can comment at that stage and has another chance later when it proceeds to a council meeting.
Capital projects like the trail work, on the other hand, are generally discussed in public during fall budget meetings and again in spring by the mobility committee, she said. But direct notices only go out to people who live nearby after the projects have been designed and tendered.
The City of Fredericton plans to complete the Cross Town Trail by building new trail on Smythe, Argyle and Aberdeen streets. (City of Fredericton)
"It seems that the process has gotten to the point where it's been approved and they're not really considering that anymore," said Deap, adding that she is so troubled by the situation that she's thinking about moving.
Her main concern about the plan for her street is the safety risk of having bikes and scooters zooming past her driveway and about 10 others between Northumberland and Smythe Streets.
Most of the trail is on an old railway bed. This will be the only section crossing so many residential driveways.
Walker, who runs Bluebell Montessori School, is also concerned the bike lane will cause safety and parking issues for her 27 students and their families.
Deap also wonders what it will mean for garbage, snow removal and the streetscape.
Dr. Caroline Lubbe-D'Arcy is one of the few Argyle Street residents who attended last fall's open house.
There are about a dozen driveways on the north side of Argyle Street. (Jennifer Sweet/CBC)
Lubbe-D'Arcy said she found out about the meeting on the Engage Fredericton website, but only about a day before it happened. She said she tried to spread the word, but some neighbours had other commitments and she didn't have time to reach everyone.
She said there should have been more notice.
Over the past 23 years, Lubbe-D'Arcy said she's received "all kinds of notices," from the city — about planned developments and things going on at the exhibition grounds, such as a liquor licence application by William's Seafood Restaurant.
She said it's unfortunate no direct notice was given about this project, which affects her and her neighbours more directly.
The trail plan is "just not safe," she said, due to the number of driveways and parked cars.
The Cross Town Trail will go along the first block of Argyle Street. (Jennifer Sweet/CBC)
Lubbe-D'Arcy is originally from the Netherlands, where biking is a very popular way to get around.
She said she's in favour of completing the Cross Town Trail, but she'd rather the section on her block was routed on the old rail bed, which crosses a townhouse development owned by Colpitts Developments. There's plenty of room for a trail along a utility easement, she said.
The city said it's not pursuing this option because it would involve acquiring "a considerable amount of land" from several private properties, eliminating "several" backyards, driveways and parking spaces, and removing "numerous" trees, fences and utility poles.
Staff are expected to "formalize" the design of the Argyle Street bike lane by February.
"Community feedback is being considered," said Stairs.
Dr. Caroline Lubbe-D'Arcy is one of the few Argyle Street residents who attended last fall's open house.
Lubbe-D'Arcy said she found out about the meeting on the Engage Fredericton website, but only about a day before it happened. She said she tried to spread the word, but some neighbours had other commitments and she didn't have time to reach everyone.
She said there should have been more notice.
Over the past 23 years, Lubbe-D'Arcy said she's received "all kinds of notices," from the city — about planned developments and things going on at the exhibition grounds, such as a liquor licence application by William's Seafood Restaurant.
She said it's unfortunate no direct notice was given about this project, which affects her and her neighbours more directly.
The trail plan is "just not safe," she said, due to the number of driveways and parked cars.
Unfounded, again: 2nd complaint against Fredericton councillor carries $18K price tag
Complaint against Coun. Cassandra LeBlanc deemed unfounded by external lawyer
Aidan Cox · CBC News · Posted: Aug 22, 2023 7:00 AM ADT
8 uniformed security officers hired to patrol trails, downtown Fredericton
2 officers will be on duty between 6 a.m. and 1 a.m., seven days a week, until November
Isabelle Leger · CBC News · Posted: May 09, 2023 2:20 PM ADT
While there certainly was opportunity to provide input, it sounds like the city deliberately keeps it as low-key as possible, but doing just enough to avoid the accusation of doing so.
She said she's in favour of completing the Cross Town Trail, but she'd rather the section on her block was routed on the old rail bed, which crosses a townhouse development owned by Colpitts Developments. There's plenty of room for a trail along a utility easement, she said.
The city said it's not pursuing this option because it would involve acquiring "a considerable amount of land" from several private properties, eliminating "several" backyards, driveways and parking spaces, and removing "numerous" trees, fences and utility poles.
Graham McCormack
Reply to Le Wier
None of the people interviewed were left out of the process.
Le Wier
Reply to Graham McCormack
“Both women said they're disappointed to have missed a public meeting about the trail plans last fall because neither of them knew it was happening. “The article didn’t say the homeowners who are being directly affected were spoken to about the trail by someone from the city. If someone from the planning office met with the homeowners at the new trail location, and explained what was going to happen and addressed the homeowner concerns on the spot maybe it would have been better received.
David Amos
Reply to Graham McCormack
Do you recall what you have posted about this topic in the past?
Reply to Graham McCormack
As weather warms, advocates call on City of Fredericton to finish 'dysfunctional' trail
Gaps in Crosstown Trail pose safety risk for children, cyclists, says area resident
Aidan Cox · CBC News · Posted: Mar 21, 2022 6:00 AM ADT
Reply to David Amos
"It's a world-class trail system because they've taken extraordinary time and expense to make sure that all of the segments of the former rail corridor have been preserved for trail development."
The gaps in the Crosstown Trail are an issue the Fredericton Trails Coalition has also been pushing the city to fix.
"The way the Crosstown Trail is right now is quite dysfunctional," said president André Arseneault.
Arseneault is also cognizant of the land ownership issues, and for that reason said he'd be happy to see the gaps connected even if they don't follow the old rail bed.
André Arseneault is the president of Fredericton Trails Coalition, and said there's more people using the trails now. (Gary Moore/CBC)
"From the trail coalition's perspective, what we want is... a clearly marked safe trail-like way to get from... one point to the other on the Cross Town Trail," Arseneault said. "We're not as committed to what I'll call the historical footprint [of the rail line]."
Aside from the land ownership issue, Arseneault said using the former rail line would require creating a diagonal crossing at a street intersection. Such a feature would be unsafe and discourage people from using it, he said.
"So what we said to the city two years ago was, 'OK, it's time to fix this, and it's time to find a solution to get from point A to point B safely and clearly so that we bring the quality of that trail up to standard of the remainder of the trail [network]'."
Reply to Graham McCormack
Reply to Graham McCormack
Reply to Tony Lewis
Unfounded, again: 2nd complaint against Fredericton councillor carries $18K price tag
Complaint against Coun. Cassandra LeBlanc deemed unfounded by external lawyer
CBC's Journalistic Standards and Practices34 Comments
JOhn D Bond
Filing a complaint is everyone's right. Where is the vetting process to discern from the frivolous and something of substance.
Where is the accountability for those that launch this type of action.
Michael Milne
The complaints are obstruction by law
Greg Miller
How about the city using its own lawyers and the good people of Fredericton declining to vote for councilors they are dissatisfied with in future elections. "Code of conduct" -- really? We're talking about elected officials!
Rusty Shackleford
"before leaving to start her own business as a wardrobe consultant and personal shopper." Seems she brings a lot to the table.
Sarah Brown
Reply to Rusty Shackleford
Your post has invaded Cassandra LeBlanc’s privacy. This is no one’s business
Rusty Shackleford
Reply to Sarah Brown
Please elaborate. Do tell.
Reply to Sarah Brown
Privacy? It's part of a posted bio. Try again champ.
Dennis Atchison
Almost too funny (but it is not) to identify a major problem is "lack of communication" ... this would apply to many council people and staff. Think of how the apartment block approval by Neill Farm "changed" , but the neighbourhood new nothing about the switch. Currently, consider the mess with the Strawberry U-Pick off Sunset Drive ... continuous one year lease for thirty years for the Walkers with the City (City owns the 25 or so acres) to grow and supply food. Past three years the Walkers have tried to get the City to transfer the lease to a new operator ... City drags its response over all this time ... new operator cannot get the funding unless he has a lease (Bank asking for a five year lease). City doesn't respond ... doesn't respond ... and so on and now time has run out for the Walkers. And yet, there are survey stakes on the property now. Lack of communication??? So sad it is almost funny ... the community always finds out after the decision is made ... the root problem in Fredericton is process ... and the powers that be continue to work behind the scenes ... and the community continues to be left out of the loop, yet have to live with the decisions made. So it goes ...
Toby Tolly
I assume that new trail is going directly through a private company''s parking lot?
doesn't sound safe
I will bike the current route
Tony Lewis
Reply to Toby Tolly
A developer was given a piece of land on the trail, against the spirit of the gift of the rail lines. They then gated it. The thoroughfare can still be accessed through a gate, but it’s not advertised as a gate for trail users.
Toby Tolly
Reply to Tony Lewis
ah
thanks
Bobby Fisher
They need to get a kangaroo court like BC so they can run her through the ringer on some unfounded complaint, BC is full of them.
Danny Benny
time to start sending the bill to the complainers.
Bobby Fisher
These people who placed the unfounded complaints should have to pay the tab for rest of the tax payers, either have a legitimate complaint or keep it to yourself.
MICHAEL O'DELL
Reply to Bobby Fisher
Agree
Kyle Woodman
Same people that complain about everything but will never run for council.
Rusty Shackleford
Founded or not, it is the perception of her constituents that she's not doing her job. Perhaps she should try to fix that rather than hiding behind lawyers.
Bobby Fisher
Reply to Rusty Shackleford
Obviously she is doing her job, the complaints are unfounded and dreamed up, next.
robert brown
why is the city spending money on lawyers when they should be able to handle complaints themselves?
Dee MacDonald
Sounds like all that needs happen is the mayor steps up and dismisses there complaints, problem solved.
Markus Strats
Doesn't Fredericton have an ombudsman?
Murray Brown
Reply to Markus Strats
Sadly, that would work like the provincial or federal ombudsman, where they are right even when they’re wrong, and you are always wrong.
Markus Strats
Reply to Murray Brown
It's supposed to be an impartial/independant position, but I hear you.
Murray Brown
The headline appears to suggest that the complaints regard one councillor, yet there was also a complaint against the mayor that resulted in legal fees. The fact that there are complaints is no surprise. There is plenty to complain about. Let’s spend money on our broken sidewalks before we start ‘improving’ our trails.
Deidr Jens
As for the connector, it would make far more sense to build it along the Lawrence Close road (where the original rail line would have been). It doesn't cut across anyone's driveway and is shorter, would cost less to build.
André Vautour
Reply to Deidr Jens
I'm sure they would have if they could. Problem is, the City no longer owns the land, and the from what I understand, the owner of that land is not interested in selling it back to build the trail there. That is partially why this has taken this long to get done.
Matt Steele
The code of conduct complaint in this story makes very little sense . If I read it correctly , some folks were upset that a walking trail was being built near their houses , and they felt that the Ward Councilor should have stopped it ; but did they not stop to think that other citizens wanted the trail there , and that the Councilor has to represent everyone's best interest , and not just the " vocal " minority . The Mayor should never have let the complaint proceed , so the waste of tax dollars is on her .
Fred Dee
That is an issue with complaints!! People can complain, there are massive costs for some of the complaints yet those who complain just to complain do not get BILLED !
This has to change!
Douglas James
Putting the emphasis on the financial cost of complaints under the municipal code of conduct is a disservice to citizens. In this case, the complaint might legitimately have been deemed "vexatious or frivolous" and the complaint tossed before it went to an outside party although that wording seems more designed as a chilling effect to stifle complainants who, themselves, may believe their arguments are valid. One good thing I see from this story is that Fredericton City Council is at least open and transparent when dealing with complaints such as this, unlike Saint John which is handling such matters entirely in secret sharing no information that might potentially embarrass the Mayor of any city councilor. That disservice to democracy is far worse. Cities need independent Integrity Commissions to decide if complaints are valid and then to investigate them AND not just recommend a particular action but have the authority to impose a penalty as provided by the Code.
Andrew Clarkson
Maybe better send the bill to the complainants!
Douglas James
Reply to Andrew Clarkson
Sure, and soon there would be no oversight of elected representatives and no effective way to hold a council accountable. Great alternative!
Andrew Clarkson
Reply to Douglas James
So you have never heard of a court case where the defendant has been awarded damages?
Joe Chamberlain
Reply to Andrew Clarkson
These people didn't sue, they filed a complaint with the city. It was the mayor who referred the mater to a lawyer. There are no defendants...
Douglas James
Reply to Andrew Clarkson
The problem with democracy is that people are so ill informed that they can't understand the principles behind it.
8 uniformed security officers hired to patrol trails, downtown Fredericton
2 officers will be on duty between 6 a.m. and 1 a.m., seven days a week, until November
Brad Cameron, the city's assistant director of public safety, organized the pilot project involving security guards employed by GardaWorld.
"They'll engage with the public on the trail system to talk about respectful use of the trails, they'll assist police by reporting crime and report on new tent encampments to police," Cameron told the CBC's Information Morning Fredericton.
One supervisor and eight officers will patrol on foot and on e-bikes.
Two officers will be on duty between 6 a.m. and 1 a.m., seven days a week, and the project will run from April until November.
"We'll leave police to deal with crime and drugs, and these people will be out engaging with the residents right on the street," he said.
Brad Cameron, the city's assistant director of public safety, said community safety officers will not be armed are trained in de-escalation techniques. (Jeanne Armstrong/CBC News)
They're known as community safety officers and have the authority to enforce bylaws, but Cameron said ticketing should be seen as a last resort.
They will not be armed in any way and are trained in using de-escalation techniques, he said.
Luc Levesque began training as a community safety officer last month, which he said involved "verbal judo" lessons.
"That was probably the most important lesson we got so far, being able to interact with people without things getting volatile because you have to tell people things they don't want to hear," said Levesque.
He said the goal of any interaction is to "end up friends" by the end of it.
Levesque said that training has already been put to good use on a couple of occasions while on the job, including one incident when someone was biking too fast.
"You try to turn it around into a better interaction, and spread some positivity — some etiquette and courtesy — back into this area here," he said. "And I think it will spread without having to enforce."
Community safety officer Seth Hajdu said he hasn't written any tickets in his first few weeks on the job.
He said the goal right now is to issue warnings to prepare Fredericton residents and to make them aware of the officers' presence.
Hadju said the officers will be spending a lot of their time talking to people living in tent encampments about city bylaws and making sure they're following the rules, but they also want to keep track of those in need of food and housing.
"When dealing with the homeless, our main goal is to clean up the streets and not just treat the homeless like crap," said Hadju. "We need to give them respect."
He said the officers will notify those living rough of services that could be of use to them.
"Unfortunately, you see a lot of junk and garbage along the trail system, so these folks will report that to our parks and trees team for timely pickup," said Cameron.
Where it began
Cameron said this project comes as a result of open houses held by the Fredericton Police Force, involving residents and members of the business community.
"We heard loud and clear concerns around graffiti, which seems to be everywhere, theft, vandalism, trail safety and some concerns about those living rough," said Cameron.
He said the project was modelled using the City of Moncton's approach, when it hired community officers to enforce bylaws, including noise, tall grass or unsightly property complaints.
Cameron said the city will monitor the project's success by tracking interactions and tickets, but he expects nearby residents and business community members will let the force know if the project is working.
Last fall, council learned the estimated cost of the pilot project would be $600,000, said Coun. Ruth Breen, vice-chair of the public safety committee.
With files from Information Morning Fredericton
Fredericton councillors to consider spending $1.3M for more cops, private security
$700K would go to hiring 4 police officers, $600K to creating 'community safety services unit'
Chief Martin Gaudet told the city's public safety committee recently the force needs to hire four new police officers, along with two more civilian employees to accommodate an anticipated increase in the city's population caused by local government reform.
"The job's not getting any easier, any safer or any less complicated," Gaudet said, noting the city will gain about 4,500 residents when the municipal boundary is officially broadened as of Jan. 1, 2023.
"The annexation will require additional officers, and in the current state that we're in and what we've observed and what we've heard, these officers will be well-received when they arrive."
Fredericton Police Chief Martin Gaudet says four new police officers are needed to accommodate the increase in calls it expects to receive when the city absorbs about 4,500 new residents through local government reform. (CBC)
The new hires would cost the city $700,000 in 2023.
Gaudet presented alongside Brad Cameron, the city's assistant director for public safety and communications, who told councillors his department wants to pilot a new "community safety services unit" from next March to November at a cost of $600,000.
Cameron said the pilot would involve contracting six to eight people from a private security firm to patrol the city in rotating pairs from 6 a.m. to 1 a.m. daily.
They will not be armed, but will be uniformed and have the authority to issue bylaw tickets while on patrol primarily on the city's multi-use trails, downtown and on the north-side's commercial district along Main Street, Cameron said.
"We would expect them to establish a relationship with the [business improvement area] business owners, [conduct] trail patrol, identify and track graffiti, assist in identifying tent sites," Cameron said.
They would also provide a presence in the area of Regent and Prospect streets, along with serving as a deterrent to vandalism, theft and graffiti, he said.
Fredericton police have dismantled four tent camps across the city this year, and Cameron says the new community safety officers would help monitor and notify police of camp locations. (Aidan Cox/CBC)
Last month the city held two events it branded as "community safety open houses" to let residents share their concerns around crime and public safety with police and other city officials.
Cameron said the idea for the pilot project came from feedback during those events.
"The feedback we received … was fairly clear. There's some growing unease about feeling safe in our city," he said.
Some councillors against proposal
The pitches by Gaudet and Cameron come as councillors finalize the details of the city's 2023 budget.
The two resolutions on both of the requests were approved following a vote by committee members and will go before all councillors for a final decision at a budget meeting later this month.
But not all councillors were on board with the proposals, including councillors Margo Sheppard and Ruth Breen, who voted against them.
"I wish I could feel better about this — I really do, because I recognize there are concerns in the community," Breen said.
Coun. Ruth Breen says she's concerned the community safety officers won't have adequate training to carry out the tasks that will come with the job. (Ruth Breen/Facebook)
"I'm deeply concerned about outsourcing the community safety officers. I think we lose a sense of control of the training, and I think the community skills that are going to be required of those people are expansive, and I would just like us to have more control of that."
Breen also described hiring four new police officers next year as "jumping the gun," considering the city has not received guidance from the provincial government on how many new officers would be needed to police those annexed areas.
Mayor Kate Rogers approved the resolutions, and before voting said councillors have heard successive police chiefs say more officers were needed to police the city.
"Because of the [fiscal] restraint we've had to show in years past, we haven't been able to maybe provide the coverage that police chiefs have felt [was needed]. This year, potentially we're going to be able to do that," she said.
Rogers said for the community safety services unit, there's "always a balance" that needs to be struck between addressing concerns around safety, while not doing so in a way that threatens people.
Fredericton finally sees way to finish 'weakest link' in trail system
Cross Town Trail to be completed by constructing new trail on Smythe, Argyle, Aberdeen streets
The Cross Town Trail is supposed to take users from where the Lincoln Trail ends in the downtown's southeast end, to the start of the Valley Trail in the southwest.
However, most of the blocks that make up the Cross Town Trail did not get the same treatment as the other 120 kilometres of former rail lines that were converted to trail in the 1990s.
At Thursday's mobility committee meeting, Sean Lee, the city's assistant director of operations and engineering, laid out how the gaps will be filled over the next few years by creating new trail sections on streets such as Smythe, Argyle and Aberdeen.
The new trail connections, however, largely won't be built on lands that were once rail lines. Much of that land has been sold and developed in the past 20 years, Lee said.
"So we're working with the constraints that have developed over time."
The plan to complete the Cross Town Trail would see Smythe Street narrowed from where the Valley Trail Ends behind Atlantic Superstore, in order to install a separated trail on the eastern side of Smythe Street up to Argyle Street.
The path would then continue on Argyle Street with the construction of new trail on its northern side to take users to Northumberland Street, where a piece of existing trail already connects to Westmorland Street.
The trail will then cross Westmorland Street and cut diagonally up to Aberdeen Street. From there, the trail will fork, with one section continuing along Aberdeen, crossing York Street and taking users north along Carleton Street and into the downtown.
The second path will go in a southeastern direction, cross York Street, and continue along a piece of land just south of N.B. Liquor. It will then take users east toward Regent Street, with a crossing to connect it to the eastern end of the Cross Town Trail.
The City of Fredericton plans to complete the Cross Town Trail by building new trail on Smythe, Argyle and Aberdeen streets. (City of Fredericton)
"We've created, I guess overall, a safe system with safe crossings that are very intuitive," Lee said.
"It's also a reflection of how our downtown is structured. So we have a very urban downtown now … so we're trying to give people more opportunity to be able to get around and get around without having to have a vehicle."
Lee said an exact cost for the project hasn't been calculated yet, but is estimated will be between half a million and $700,000 over a few years.
Those costs would include paving, concrete, separating posts, crossing signals and realigning street curbs.
Lee said parts of the trail that cross busy streets such as Smythe, York and Regent, will be outfitted with crossing lights, and quieter streets such as Northumberland likely won't be.
He said almost all of the city's 2023 active transportation budget will be directed to starting work on the new trail sections, with the entire project expected to take two to three years to finish.
Councillor, advocate pleased with plan
The Cross Town Trail passes through Coun. Cassandra LeBlanc's ward, and she said pushing for its completion was one of her top priorities when elected last year.
"We're densifying our urban core, so having an intuitive trail system that people can enjoy... I think is incredibly important as we move forward, and I'm really, really happy that we're finally taking steps to get there," she said.
Coun. Cassandra LeBlanc says getting the Cross Town Trail completed was one of her biggest priorities since getting elected to council last year. (Aidan Cox/CBC)
The Fredericton Trails Coalition is largely credited for pushing the city to turn the former rail lines into multi-use trails back in the 1990s.
Coalition president Andre Areseneault was at the meeting Thursday and said he's pleased with the plan put forward.
"It was really a key solution to fixing the what I'll continue to call was the weakest link, right? So it's going to be great. People are going to be able to stay on the trail system and get around the downtown."
He said it is "unfortunate" the Cross Town Trail won't follow the old rail line, but he "felt very strong" that coming up with a timely solution was more important.
Michael Cain
Fredericton to review handling of code-of-conduct complaints after spending $15K on one
External legal counsel had to be hired to help city deem complaint unfounded
At Monday evening's regular council meeting, it was revealed the city had to consult outside lawyers to help conclude that the complaint against Rogers and Ward 10 Coun. Cassandra LeBlanc was unfounded.
According to a staff report, Mark D'Arcy made the complaint, alleging the two failed to be "transparent" during council's consideration of a proposal by Colpitts Development for its property at 390 York St.
The complaint alleged they also failed to be transparent during council's consideration of changes made to the residential town plan secondary municipal plan.
Discussion about the complaint Monday evening led Coun. Steven Hicks to ask what the complaint cost the city to deal with.
Steve Hart, the chief administrative officer, said external legal counsel cost about $15,000.
"That is in addition to staff time, which we have not costed for this activity," Hart said.
Deputy Mayor Greg Ericson said the complaint came to him with "hundreds" of pages of documents attached to it, which he felt he didn't have the expertise to make a decision on whether it was founded or not.
Deputy Mayor Greg Ericson says the goal of the review is to help the mayor and deputy mayor determine whether complaints are founded or unfounded. (CBC)
Ericson said D'Arcy had also declined any attempts to have the complaint settled informally.
That prompted Ericson to refer the decision to external lawyers.
Ericson said he's now engaged in an "informal" review with the city clerk to find out if there are ways for a "layperson" like himself to be better equipped to determine whether a complaint is founded or not.
"The intent is to create better governance for the city … to make sure that when either the mayor or the deputy mayor is ruling at the outset as to whether a code-of-conduct complaint is vexatious or not, that we do it with tools that are [of] better service to the residents than just common sense," he said.
Ericson said the intent of the review is to reduce the chances that external legal counsel will have to be consulted in order to save the city money.
"In time with some more experience, we shouldn't have too much of a problem dismissing without cost, the vexatious and unfounded complaints, because I have a little better experience determining what is, you know, connected to evidence and connected to the violations of our code-of-conduct bylaw."
Complainant stands by allegation
Contacted by phone Monday night, D'Arcy said he was disappointed by the decision to have his complaint deemed unfounded.
D'Arcy alleged Rogers and LeBlanc failed in January to reveal information to the public that had to do with how the development by Colpitts would impact the Cross Town Trail.
Mark D'Arcy filed a complaint alleging Mayor Kate Rogers and Coun. Cassandra LeBlanc failed to be transparent during council's consideration of a proposed development on York Street. (Shane Fowler/CBC)
D'Arcy said he had concerns the development would affect the trail, and the two should have been obligated to share what they knew about the future of the uncompleted trail.
"For them to say it's unfounded is ridiculous," D'Arcy said. "We're dealing with a situation that should have been resolved more than 10 years ago."
The city has said an announcement about the completion of the Cross Town Trail will be made later this year.
Garth Hood
This is a complaint about transparency yet there is zero transparency in the city process & decision.
Where is the city report on this complaint? Should we now allow judges to make decisions without written rulings? Without a written justification this is essentially a kangaroo court.
Why aren't city officials talking about democracy & transparency here? Only about about costs. Do they also worry about the costs of holding public Council sessions each week? There is always a cost to transparent democracy.
Further, when officials don't like the costs of democracy they just change the rules that they themselves instituted. And the process to make change is an "informal" one? Shouldn't it be an open, transparent & public one?
I am also concerned that city officials feel that they can publish the name of any citizen who complains. Isn't this a privacy violation? Is there a list of all legal costs that the city has had - with private names and/or companies attached - so we can decide if this one seems unreasonable in protecting democratic structures? Why just a release of this individual when the normal comment is: "We can't comment because of privacy concerns?"
If we do need to change the procedure how about developing one that is intrinsically transparent & democratic? One that isn't based on "lawyering up" and "informal" discussions but on public accountability. We could have a public jury made up of randomly selected citizens deciding on these matters. Both sides could put forth concerns and the jury of Frederictonians could decide and make recommendations. This would save on lawyer costs yet also allow a transparent & democratic complaint process.
Rosco holt
Why are taxpayers paying for this?
Garth Hood
Reply to Rosco holt
Because the city developed this process. Without a citizen complaints process government officials can do whatever they want whenever they want.
The city can choose a different process. Let's hope if they do that the new one is more transparent & democratic than the current costly process.
Rusty Shackleford
They'll spend $100, 000 training themselves to save the $15,000 legal fees. Then they'll be voted out and have to spend another $100,000 on the new councillors.
André Vautour
What a waste of taxpayers money!
The December 2021 PAC report (page 16/159) clearly showed how the trail was going to go through that particular development. How more transparent is the City expected to be?
https://www.fredericton.ca/sites/default/files/pdf/december_8_2021_pac_package_web.pdf
JOhn D Bond
If this was a court case, the plaintiff would be liable for the expenses of the court and the defendant. Why isn't this person liable for the cost from the unfounded claim. We really need to get to where if you claim or charge someone with something and it is unfounded that the taxpayers pick up the tab for that plaintiff.
Frank Dee
Reply to JOhn D Bond
True. But in this case the defendant has found himself to be not liable through his own legal team. So not exactly the same thing
Dave Jones
Reply to JOhn D Bond
True, but I think that the 'unfounded' result was at a cost of $15,000. Paying an "external" source to investigate a complaint and paying the "external" source $15,000 would yield a result exactly as the Payee wished which is for complaint to be unfounded. If the complaint paid for his own legal resource to determine validity of complaint, then an pretty sure that the complaint would be "founded" at same cost of $15,000. Oh, the world we live in!
Garth Hood
Reply to JOhn D Bond
Except that there is no court here. The city has provided no written ruling. Should we now allow government decisions by decree?
JOhn D Bond
Reply to Garth Hood
People challenging stuff they don't like that. That it was unfounded , meaning no substance, D'arcy should reimburse the city the costs. This is not about decisions by decree. This is about levelling unfounded complaints that were found to be false. So again he should pay. It is shameful that people can make claims that are not accurate, have the city spend money to determine the veracity and then the complaint is off scot free. Precisely why we have so many issues.
As weather warms, advocates call on City of Fredericton to finish 'dysfunctional' trail
Gaps in Crosstown Trail pose safety risk for children, cyclists, says area resident
But try using it to get from one end of Fredericton's south side to the other, and you'll find portions of narrow gravel paths, spots where cyclists need to leave the trail for the roadway, and one odd island of trail, which abruptly begins and continues for one block before suddenly coming to an end.
It's known as the Crosstown Trail, and for years the city has said it would develop it to the point where users can walk or bike the roughly two kilometres from the University of New Brunswick to the New Brunswick Provincial Exhibition grounds.
But that hasn't happened, and now local advocates are pushing the city to finish it before someone gets hurt.
"I'm sick at the thought of having to run outside here at Smythe Street and Argyle [Street] and dial 911 for a serious injury from a cyclist trying to figure out how to get from the Valley Trail to the lone segment of the Crosstown Trail," said Mark D'Arcy, who lives at that intersection.
Mark D'Arcy lives near the western end of the Cross Town Trail at the corner of Smythe and Argyle streets, and says he's worried someone will get hurt trying to navigate the incomplete trail. (Shane Fowler/CBC)
"This is a safety issue and someone will get seriously injured or killed. It's just a matter of time, and these segments have to be completed."
The trail's completion isn't just a concern for cyclists.
Randy Dickinson is an accessibility advocate and has navigated that part of the downtown in his power chair.
He said it's risky and inconvenient to have to repeatedly go from sidewalk to trail and back to sidewalk in order to use the route.
Making it worse, he said, is a lack of signage directing users on how to properly connect to either the Valley Trail in the west end or the Lincoln Trail in the east end.
Randy Dickinson, an accessibility advocate, said the Cross Town Trail is currently difficult and confusing to navigate due to it starting and ending at multiple points, along with a lack of signage. (Submitted by Randy Dickinson)
"You just sort of have to intuitively guess which way to go in order to continue your journey, you know, depending on where you're starting from and where you're headed to," Dickinson said.
"And again, this is inconsistent with the many other kilometres of trail system that Fredericton has in and around Fredericton and through the Trans-Canada Trail system, and it puzzles me greatly that the city has dropped the ball on this in the years that have passed already."
CBC News asked the City of Fredericton for an interview with someone on staff about their plans to connect the trail.
Instead, city spokesperson Shasta Stairs said in an email that staff are working on a plan that's expected to be presented to the city's mobility committee this summer.
"More detail will be available once the presentation has been made publicly," she said.
Connecting the gaps
Converted rail lines form the foundation of Fredericton's network of multi-use trails, including the iconic Bill Thorpe Walking Bridge, which used to serve as a train bridge.
D'Arcy, who's been a decades-long advocate for the continued conversion of rails to trails, said just two of more than 200 blocks of former rail line have yet to be converted to trails.
Those are along the Crosstown Trail, and include the gaps between York and Westmorland streets, and Northumberland and Smythe streets.
There are currently two gaps in the Cross Town Trail, between Smythe and Northumberland streets, and Westmorland and York streets. (Google Maps)
D'Arcy said the city should connect the gaps using the footprint of the former rail line. However, one of the obstacles is the fact that portions of those gaps have since been acquired by private owners.
D'Arcy said he's aware of that issue, but adds that the city's municipal plan states that "council shall actively seek to acquire" abandoned rail beds to be developed for public use through land dedications, easements, purchase or other methods.
"[The City of Fredericton] must stick to the same standard of care [as they did] for the other several hundred blocks of rails-to-trails conversion here in the city of Fredericton," D'Arcy said.
"It's a world-class trail system because they've taken extraordinary time and expense to make sure that all of the segments of the former rail corridor have been preserved for trail development."
The gaps in the Crosstown Trail are an issue the Fredericton Trails Coalition has also been pushing the city to fix.
"The way the Crosstown Trail is right now is quite dysfunctional," said president André Arseneault.
Arseneault is also cognizant of the land ownership issues, and for that reason said he'd be happy to see the gaps connected even if they don't follow the old rail bed.
André Arseneault is the president of Fredericton Trails Coalition, and said there's more people using the trails now. (Gary Moore/CBC)
"From the trail coalition's perspective, what we want is... a clearly marked safe trail-like way to get from... one point to the other on the Cross Town Trail," Arseneault said. "We're not as committed to what I'll call the historical footprint [of the rail line]."
Aside from the land ownership issue, Arseneault said using the former rail line would require creating a diagonal crossing at a street intersection. Such a feature would be unsafe and discourage people from using it, he said.
"So what we said to the city two years ago was, 'OK, it's time to fix this, and it's time to find a solution to get from point A to point B safely and clearly so that we bring the quality of that trail up to standard of the remainder of the trail [network]'."
28 Comments
Michael Cain
Another reason to improve the transportation system in the city. Reduce the traffic in the downtown core, both sides of river. We are supposed to promote healthy lifestyles, yet we try to make it easier to drive down town, and provide parking facilities. Speed limits could be lowered so people can actually cross the street.
Stephen Chase
Mark Darcy caused the failure of the trail connection between Smythe and Northumberland Streets. Public record will show that the landowner was ready to allow passage across the property but Mr. Darcy's actions frustrated that offer and resulted in a fence.
Kyle Woodman
Reply to Stephen Chase
He is constantly agitating in the neighborhood. Trying to get people riled up about mundane issues. He is a professional protestor.
Kyle Woodman
Mark D'Arcy. The man with all the complaints but no solutions.
Winston Gray
Reply to Kyle Woodman
Dobyou honestly believe that people complaining about things are the ones responsible to fix things?
Only people who have the qualifications as a city planner and urban mobility specialists are allowed to complain?
L o l
Kyle Woodman
Reply to Kyle Woodman
Mark D'Arcy is a well known activist who protests pretty much everything he can. He has failed several times in being elected to office so he just show up to every meeting with a list of grievances. He is counterproductive in his approach.
Greg Caddell
Way overdue to sort the trans-Canada (but not trans-fredericton) trail out in this city. It's fine to say "use sidewalks" as if that had not occurred to anyone, but sidewalks are not intended to be shared with bikes/ebikes/scooters etc.. With the price of fuel today, that traffic is probably going to increase, along with accidents where cars and light traffic cross paths. Having well-lit and marked trail crossings through only part of the city is like having car insurance only part of the time. I've seen our tax dollars spent in much worse ways than this.
Graham McCormack
Mark D'Arcy has been quiet for awhile. He must be planning another run for council or something.
Kyle Woodman
Reply to Graham McCormack
You mean another failed run.
Graham McCormack
March 21, 2022
Reply to Kyle Woodman
Exactly
Rusty Shackleford
Listened to this muppets interview this morning...I wonder if he realizes that those "poor children" he keeps namedropping will still have to cross traffic on Smythe whether there's a trail or not. Perhaps they could have used the …..SIDEWALK.....gasp!!!!
Rusty Shackleford
Just when i thought this city couldnt get any worse...these are the problems were talking about/prioritizing. Unbelievable.
Kyle Woodman
Mark D'Arcy just wants to divert people through the townhouse property (private) instead of through the public property where he lives. This man is very selfish and only thinks of his own needs. He's like a broken record of NIMBYism.
Andrew Clarkson
First world problems, oh the humanity!
Michael Cain
Pedestrians are second class citizens.
SarahRose Werner
Reply to Michael Cain
To clarify, we're treated as second class citizens. And we shouldn't be.
Brian Robertson
This is a priority?
Of right.
What else would you expect from 'advocates'.
There are much higher priorities to fill these days.
Mary Smith
Reply to Brian Robertson
I mean, do you want folks to make trails more confusing and dangerous? What are you complaining for? Just for the sake of wanting to complain about something?
Brian Robertson
Reply to Mary Smith
Trails are at best, a 'nice to have' piece of public infrastructure.
It's creation and maintenance are an elective expense.
In this time in our history, after decades of indifference to our national defense and the expansionary initiatives of totalitarian States, we need to get our priorities straight.
Johnny Jakobs
Too funny. 120km of trails all paved and perfect.
Hugh Smith
Get er done!
Rusty Shackleford
There are roads on the Northside that are impassable, yet Southsiders are concerned that part of their recreational trail is a little difficult. This city needs a different perspective....badly.
2 Comments Blocked
Winston Gray
Reply to Rusty Shackleford
The perspective you need to understand is that the Southside is much more urban than the Northside and thus it needs to have clear footpaths to accommodate the much higher foot-traffic than the Northside. A road being impassable on the Northside is not a big deal when everyone on the Northside is in a car, but when non-car owners who keep the Fredericton economic core alive have issues getting around a very urban area simply because of poor city planning, then there is a problem.
Johnny Jakobs
Reply to Winston Gray
use the sidewalk?
Roland Stewart
Reply to Johnny Jakobs
3 words and you obliterated everything he said, lol. It is what sidewalks were originally intended for.
Michael Cain
Reply to Winston Gray
have you ever been to the Northside? not everyone is in a car, nor does everyone want a car, and not everyone can afford a car, so walking is just as bad on the North side, and cycling is darn dangerous
Graham McCormack
Reply to Winston Gray
While I agree that it would be nice to see the trail system completed, what you said is a bunch of bunk.
Rusty Shackleford
Reply to Winston Gray
Re-read what you just wrote and slap yourself, son.
Councillor votes against project in own ward to make point about affordable units
Fredericton's lack of affordable housing an urgent problem, Cassandra LeBlanc says
The project planned by 527 Dundonald Holdings, which will see 34 one-bedroom units and 16 two-bedroom units, is in Coun. Cassandra LeBlanc's ward on the south side.
She said the development is needed in the area, but the need to address the affordability problem in the city has become urgent.
There was an opportunity with this project to create four affordable units through the city's bonus incentives program, LeBlanc said before council approved a zoning change to allow the development.
"I just want to remind the staff and the city council here today, and the development community of the urgency and seriousness of this situation," she said. "We also know that the economic impact of lack of housing will have on our city in areas like immigration and health care."
LeBlanc suggested developers don't find the bonus incentives attractive enough.
Currently, under the zoning bylaw, developers can get more units into their buildings if some qualify as affordable under the provincial government's affordable housing program. The program offers developers financial assistance to create housing for people on low-incomes or who are eligible for subsidized housing.
Only three developments have made use of the city's bonus zoning incentives since 2020, one on George Street, one on Hughes Street and one on Bowlen Street.
"From my point of view, in terms of why [developers are] not using the incentives it's because they don't have to," said Julia Woodhall-Melnik, associate professor at the University of New Brunswick Saint John and research director of the Housing, Mobilization, Engagement and Resiliency Lab.
Coun. Cassandra Leblanc says the Dundonald Street development is needed, but the need for affordable housing is urgent in Fredericton. (Fredericton City Hall Website)
"Look at the fact that only one councillor voted against the development. … It's great to offer incentives, but you know, why take the incentive if you don't have to and you can just make top profit off of your unit?"
Woodhall-Melnik noted that the low vacancy rates in the province's three largest cities have created a "landlord's paradise."
"They are able to be more selective about who they choose to live in their housing," she said.
Stigma stronger than incentives
Woodhall-Melnik said that through her work and research she has found there is still a stigma attached to low-income housing and a fear that those who rent through an assistance program will cause trouble for landlords or other tenants. This plays into the lack of affordable units in new buildings, she said.
"That it's almost like they feel like that piece is a disincentive, and that the incentives aren't strong enough to get them to use them, especially in a market where they really don't have to."
Instead of attempting to get developers to include low-income housing with incentives, Woodhall-Melnik said municipalities are in a good position to require more out of developers.
"We change the mindset and we say, 'You want to build in my city and take advantage of the low vacancy rates and take advantage of the lax tenant regulations. If you want these things, then what are you going to do for our city? What are you going to do for our community?' And part of that is including affordable housing units.
She praised LeBlanc for standing up.
"We need people to do that."
City buys land on north side
Council also voted this week to donate a small parcel of land on Devon Avenue to Habitat for Humanity and to purchase a 1.6 hectare piece of land on Clark Street, on the north side, for $250,000.
Mayor Kate Rogers said the land will allow the city to fulfil some "strategic goals."
"To buy a piece of land that satisfied some objectives that we have moving into the future for density in that area and development in that area. And, as we know, housing is at a shortage, and there may be an opportunity to do some development there."
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Content Deactivated
I bet this lady wants to forget talking to me before she got elected
David Amos
Reply to David Amos
BTW I also talked to Mayor Kate Rogers before she ever won a seat in the Fredericton city council
Rusty Shackleford
If I lived in her ward, I'd send her packing. Purposefully voting against something you freely admit the area needs, is asinine. Goodbye.
David Amos
Reply to Rusty Shackleford
Amen
James Risdon
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Reply to James Risdon
So where are these affordable units? They aren't in Saint John, Fredericton, or Moncton. I see that you have no idea who the people are that need affordable housing. Minimum wage in NB is currently $11.75 per hour. A full time worker makes roughly $660 every two weeks after deductions, or $1320 per month. The current median rent for a 1 bedroom apartment in Fredericton is $1400.
Do you see the problem yet?
James Risdon
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Reply to Eric Katruk
David Webb
Reply to Eric Katruk
Entry level jobs are no supposed to be a career, nor be able to support a family, let alone ones self. People are free to make life choices, such as moving to a less expensive housing, or if earned, the ability change jobs. Many go to where there is higher paying jobs and commute back and forth on rotation. To me if you are part of the multi generational welfare gang, and banging out children to supplement your income, move to some rural area where rents are less.
Nicholas Grimson
Reply to James Risdon
G. Timothy Walton
Reply to James Risdon
Poor James.
No matter how bad the rental market gets, he's still got a constant problem retaining tenants. One has to wonder just how closely his oft repeated affordable accomodations in Bathurst match reality.
David Amos.
Content Deactivated
Reply to G. Timothy Walton
Ask yourself why "Poor James" went "Poof"
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