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Rules locked in for virtual public hearings

Change comes after St. Albert resident raised concerns over special public hearing process Monday
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Residents who make late submissions for virtual public hearings will have those submissions summarized, instead of having them disregarded.

During their regular council meeting on Monday, St. Albert city councillors officially set down the rules governing virtual public hearings.

For normal in-person hearings, if someone sends in a late submission, it would still go to council and copies would be made available to the public gallery so everyone can see it.

However, David Leflar, director of legal and legislative services, said that poses a problem for virtual meetings – thus, administration was recommending rules that would have barred late submissions. He suggested late written submissions received after 12 p.m. on the Wednesday prior to a public hearing would not be included in council’s agenda package, nor would they be forwarded to councillors.

"It's the fairest way we could think of to do it and still make sure that everyone in the public who is interested enough to show up at the public hearing will know what you as council are seeing," Leflar said. "I'm not saying it's perfect, there is no perfect solution here."

When asked by Mayor Cathy Heron if council could receive a verbal summary of any late submissions, Leflar said that was possible.

"If it's a high-level summary...yes, I can certainly do that," Leflar said.

Coun. Natalie Joly made a motion to amend a paragraph in the special public hearing process to say submissions received after the deadline would be communicated in a written summary to council.

The summary would include information on how many late submissions were received, and whether they expressed support or opposition for the matter under consideration.

That amendment passed unanimously.

The suggestion came from St. Albert resident Ken Crutchfield, who presented to council Monday about his concerns regarding the proposed rules.

To not have late submissions included in the agenda package or forwarded to council was concerning, Crutchfield said, especially as the highly anticipated public hearing for the Riverbank Landing development draws closer.

That hearing is set for June 22 at 9 a.m., meaning people who want to speak must register by email no later than 12 p.m. on the preceding Friday.

"Unless residents actually send a comment into the councillor or to the mayor and council, council will be excluded from seeing these submissions that come after the deadline," Crutchfield said.

"What's of concern to me here right now is, what about those submissions that come after the deadline date?"

At the very least, council should hear a summary of whether submissions were received after the filing deadline, and provide a general summary of what those comments might be, he said.

"Whether they're for or against, get some feedback. I find it's not acceptable that council's denied knowing the late submissions were made, and the essence of those submissions."

'Anything is possible'

Rules councillors agreed to include having people register to speak by 10 a.m. on Mondays for public hearings that start at 5 p.m. that day. When public hearings start at 9 a.m., the registration deadline would be 12 p.m. the Friday prior.

Coun. Ken MacKay noted many residents don't have access to email or aren't comfortable using virtual platforms, and asked if there were other methods for residents to send in their concerns for larger public hearings.

"I'm just trying to make it as open as we possibly can in these difficult circumstances," MacKay said. "It could be some sort of a set up at city hall where a resident could come in and tape their concern so we could have access to it?"

Logistically there are some difficulties to do that amid the pandemic, but Leflar said it could be possible for residents to videotape their own submissions and send them in to council without having to go to city hall.

"Anything is possible, and I'm open to suggestions," Leflar said.

Coun. Wes Brodhead said he liked the idea of allowing residents to use technology as a way to present their statements ahead of time.

"It sort of takes the pressure of the time constraint where people have to come in if they want to speak directly to council," Brodhead said. "We've had to work with technology (over COVID-19), let's not lose the positive that's happened here."

Mayor Heron said city offices are "pretty accommodating" to submissions using different formats.

"We will do our best to make sure everyone has an opportunity, whether it's pre-recorded on their cellphone... we will take submissions from anyone."

Having public hearings on Zoom could actually encourage more public participation than in the past, Heron said. Instead of physically being present inside council chambers, registered speakers would just have to log in virtually to say their piece.

"This might actually be something we could consider after COVID-19," she said.

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