TAMRMS#: B06
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Special Public Hearing Process
Presented by: David Leflar, Director, Legal & Legislative Services
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RECOMMENDATION(S)
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That for so long as the Council Chamber remains closed to public access due to restrictions for the purpose of reducing the risk of COVID-19 transmission, Public Hearings will be conducted in compliance with Alberta Regulation 50/2020 (Meeting Procedures (COVID-19 Suppression) Regulation) and in accordance with the following:
1. The Zoom Platform will be used to conduct Public Hearings, and the proceedings will also be live streamed on YouTube which will be accessible through the City website.
2. When a Public Hearing is scheduled to commence on a Monday at 5 PM, individuals wishing to speak at the Public Hearing must register to speak by email sent to the email address set out in the Notice of Public Hearing, not later than 10 AM on the day of the Public Hearing.
3. When a Public Hearing is scheduled to commence on a Monday at a time earlier than 5 PM, individuals wishing to speak at the Public Hearing must register to speak by email sent to the email address set out in the Notice of Public Hearing, not later than 12:00 o'clock noon on the preceding Friday.
4. Individuals who are properly registered to speak at a public hearing will receive an email from Legislative Services on or before the day of the Public Hearing including a link at which they may join the Zoom platform when the Public Hearing begins. Upon joining Zoom, an individual registered to speak will be placed into the Zoom "waiting room" and will be moved from that waiting room to the main Zoom platform when the Chair calls on them to make their submission to Council.
5. Individuals who register to speak at a Public Hearing will be placed on a list of speakers provided to the Chair, in order corresponding to the time their registering email was received. After any submissions from Administration and from the Applicant (if any) have been heard, the Chair will call upon registered speakers in the order their names appear on the list.
6. If more than 10 individuals are registered to speak at a Public Hearing, Administration will endeavor to send them an alert email as their time to speak approaches, but all registered speakers shall be responsible to monitor the progress of the Public Hearing on its electronic platform and be ready to make their submission when called upon by the Chair, regardless of whether they receive an alert email.
7. Written submissions to Council for all Public Hearings regardless of start time must be received at the email address specified in the Notice of Public Hearing by 12 noon on the Wednesday prior to the Public Hearing for inclusion in the Agenda Package. Written submissions received after that time will not be included in the Agenda package nor will they be forwarded to Council.
8. The provisions of the Procedure Bylaw with respect to Public Hearings will continue to apply to the extent possible, consistent with these special provisions for Public Hearings on the Zoom platform and consistent with the requirements of Alberta Regulation 50/2020.
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PURPOSE OF REPORT
The report is brought forward to provide Council with recommendations for special provisions to be adopted concerning the conduct of public hearings during the time that the Council Chamber remains closed to public access.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
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ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
Section 30 of Procedure Bylaw 3/2018 addresses Public Hearing processes, however, Alberta Regulation 50/2020 gives municipalities the authority to modify their normal procedures to allow for Public Hearings conducted on an exclusively electronic platform.
BACKGROUND AND DISCUSSION
Alberta Regulation 50/2020 allows municipal councils to conduct their meetings and public hearings by all-electronic means provided certain procedures for public access (and public participation in the case of public hearings) are in place. St. Albert Council and Administration have been doing this for the past two months and have worked to refine the process to a point that seems generally to work well in the circumstances. Although we all hope for a speedy return to the Council Chambers, it is unknown at this time how long it will be until both Public Health orders and the need to thoroughly clean and disinfect St. Albert Place prior to re-opening to the public, will allow this to happen. Administration therefore recommends that Council formally adopt a set of temporary procedures to cover the conduct of public hearings while the Council Chamber remains unavailable. This report addresses Public Hearings as a first priority since these are proceedings where typically the rights of individual citizens are at stake, and in which clear rules of procedure are therefore advisable. The recommended measures in this report are in line with both the evolving practice over the past two months, and the requirements of Alberta Regulation 50/2020.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
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IMPLICATIONS OF RECOMMENDATION(S)
Financial: N/A
Legal / Risk: N/A
Program or Service: N/A
Organizational: N/A
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Report Date: June 1, 2020
Author: Cheryle Wong
Department: Legal and Legislative Services
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble