Public hearing process confusing
Updated: November 04, 2009 3:16 PM
Dear Editor:
Last week’s Rattlesnake Mountain Bylaw significantly altered Summerland’s long term plan.
What occurred last Monday night was confusing. The importance of consultation was stressed by the province when the Local Government Act was amended eight years ago. Yet when Summerland’s Council proposed an amendment to our existing community plan, there was no public consultation; there was no public meeting.
The public, the school district and provincial ministries were not consulted. The public hearing that many people attended can not be considered an informational public meeting. A public hearing is a legal requirement not a choice of council.
A public hearing allows an “informed public” the opportunity to provide their comments and concerns. That process did not occur.
The provincial Community Charter (Section 100) is very clear. If a councillor has a conflict of interest, the councilor must declare such a conflict at a public meeting and explain in “general terms” why there is a conflict. Our bylaw is now adopted yet the public has no idea why one councillor was in conflict. The adopted bylaw involves a large, expensive real estate development. That is a serious omission.
Provincial requirements are clear. Information from all sources can be presented to council until the public hearing is proclaimed closed. In the spirit of fairness, following closure, no new information can then be presented to council. If established information was forgotten, staff can present this to council following closure of the public hearing.
Recent interpretations and opinions of established reports would be considered new information. In addition, for a member of council to also provide “new” information or “opinion” following closure of a public hearing is unusual.
According to Parliamentary rules, once a resolution has been moved and seconded by members of council, only then can members of council provide their opinion. To provide one’s opinion of a bylaw prior to such a resolution is unusual.
Many people left that meeting confused and I was one of them.
David E. Gregory
Summerland
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