Bylaw to be challenged at council meeting

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This article was published 17/07/2023 (808 days ago), so information in it may no longer be current.

Brandon city council is expected to put a new community standards bylaw to a final vote this evening, but not before it faces questions from a concerned citizen.

According to the agenda for tonight’s city council meeting, a member of the public will make a case against the proposed bylaw before the vote.

The bylaw would set standards residents must meet for things like snow clearing and property maintenance. But it also defines ticketable offences like panhandling and loitering, sections of the bylaw that have raised a few eyebrows and questions.

Last week, the Sun published an article where Toronto-based civil litigator Stephany Mandin and Brandon University expressed concern about the potential for the bylaw to expose the city to challenges under the Charter of Rights and Freedoms. In the same article, sociology professor Christopher Schneider said he’s concerned the bylaw’s vague language would expand the discretionary powers of police while reducing police oversight.

The presentation on the agenda from resident James Epp will likely address some of the same concerns as slides from his presentation attached to the agenda request that the city “not proceed without considering Charter compatibility.”

When council votes on the bylaw later in the meeting, they will also consider a few amendments brought up since it was last discussed. Those amendments add more detail to the sections of the bylaw focusing on snow clearing.

Also at Monday’s meeting, council will consider a request from city administration to withdraw Brandon’s request to the Public Utilities Board asking for a public hearing on proposed water and wastewater utility rate increases.

Last year, the city stated its intent to almost double those utility rates from 2023 to 2026 to help make up for deficits run in previous years and help pay for future infrastructure projects.

The first increase was supposed to take effect on July 1, but Mayor Jeff Fawcett told the Sun earlier this year that it had yet to be implemented as the city is still waiting for approval from the Public Utilities Board.

According to the meeting agenda, the board received just a single complaint from a resident regarding the proposed rate increases.

“The resident thought the increase was too high and should be spread over more years,” the agenda states.

Now the board is asking if the city still wants to hold a public hearing, which had been requested before last year’s municipal election in which a new council was elected.

“If the public hearing were to remain as a City of Brandon request, it would increase the PUB review period and delay implementation of new utility rates,” the agenda states.

“By rescinding Brandon’s public hearing request, the PUB will determine whether a public hearing is necessary and will consider the best interests of both the public and the utility in making that decision.”

While the city waits for approval for the rate increases, the agenda states that it faces lower than projected utility revenues, which will ultimately impact budgeting and plans for future capital projects.

Also at the council meeting, Brandon Pride chairperson Alyssa Wowchuk is scheduled to deliver a presentation about the organization and how Pride Week celebrations went last month.

As part of her presentation, she will request the city create a “permanent visible rainbow display” to celebrate Pride in the community.

Some suggestions listed on Wowchuk’s presentation slides include the permanent installation of a sign or Pride flag at city hall, a painted crosswalk downtown, a painted sidewalk near city hall, a painted park walking path and a new mural incorporating a pride flag.

Council will hold votes on whether to award a contract worth $138,853.90 to Watt Consulting Group to conduct a review of Brandon Transit and create a long-term plan, as well as on approving a tax offsetting grant for a transitional housing project on the North Hill being developed by the John Howard Society of Brandon and Westman Youth for Christ.

As previously reported by the Sun, council will hold first reading of a borrowing bylaw that would authorize $15 million in borrowing towards upgrades to the municipal water treatment plant.

The Manitoba Government is providing an additional $15 million towards the project on top of what it has already contributed under the condition that Brandon come up with matching funding.

There will be a special meeting starting at 6 p.m. before the regular meeting. The first two items on that agenda, listed as a real estate matter and an application to the federal housing accelerator fund, will be closed to the public.

The final item on the special agenda, an update on the Sportsplex, will be held in an open session.

Currently, the city is working on determining the future of the Sportsplex after issues with its ammonia ice plant caused its ice surface to be shut down indefinitely.

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