By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
Essex Council gave two readings to the revised edition of the Town’s Delegation of Authority By-Law at the May 5 meeting.
The updated By-Law was drafted by senior directors and the CAO.
The third and final reading will be presented for consideration at a future Council meeting.
The By-Law was updated to align with the Town’s new organizational review and legislative requirements that have come into play since the previous version was adopted.
It also addresses additional requests from administration, where administration believes they are doing things on a daily basis for which they need delegated authority, Joe Malandruccolo, Director of Legislative and Legal Services, explained to Council.
The Municipal Act requires Council to have a Delegation of Authority By-Law, Malandruccolo said, adding this piece of legislation allows Council to delegate its authority to other bodies to make decisions on Council’s behalf.
This process allows for the efficient use of resources, so work can happen when Council cannot come in to sit to make a decision.
Those additions include giving authority:
• to the Deputy CAO or designate to approve capital budget overages, so long as they are $10,000 or less;
• to the CAO or Treasurer to execute and submit grant applications for grants under $130,000 without Council approval where the project will be fully funded by the grant and aligns with Council’s strategic priorities;
• Development Services to release securities related to Site Plan Control Agreements, to approve Consent to Conservation Easement Agreements made by private owners only when required by the Committee of Adjustment, approve an application under Section 36 of the Planning Act to remove a holding provision when permitted under the Zoning By-Law, to approve applications to amend the Town’s Zoning By-Law site-specifically to prohibit the construction of a dwelling on a retained farm parcel resulting from a surplus severance only as a condition of the Committee of Adjustment, Consent Approval, and to approve renewals or extensions of wireless cell towers agreements that were already originally approved by Council;
• The CAO in consultation with the Mayor and Deputy Mayor to approve sponsorships or naming rights agreements with an aggregate amount of $130,000 or less, so long as it is in accordance with the Town’s Sponsorship and Naming Rights Policy, which Council would have to pass;
• Administration to deal with special occasion and event permits, as well as approvals and exemptions relating to them. That includes the Director of Community Services approving special event permits and requests, such as road closures, noise permit exemptions, authority and restrictions regarding the use of municipal properties without seeking Council specific approval for recurring events. Initial events would be brought to Council;
• Primary authority of sanitary and stormwater works to the Director of Infrastructure Services, so long as they are in accordance with the Town’s Consolidated Linear Infrastructure Environment Approvals;
• Primary authority to the Drainage Superintendent to appoint an individual engineer at a Council pre-appointed engineering corporation, and to approve assessment of apportionment agreements;
• Allowing the Clerk’s Department to issue Short Term Rental Licences, as long as the licence application complies with the Town’s Short Term Rental By-Law.
On May 1, the Strong Mayors Act was passed by the Province of Ontario, Malandruccolo noted. That means some of Council’s decision-making authority is passed to the mayor. Provided that the delegations and decisions made by the mayor through those powers are in compliance with the Municipal Act, they will override the Delegation of Authority By-Law and Council’s Authority, Malandruccolo explained.
Councillor Jason Matyi was not sure how much more delegation Essex Council wanted to do. In speaking to instances where staff can approve Short-Term Rental licenses, how will Council know how many have been added, though there is a moratorium in residential areas currently.
Council has to be accountable to constituents and be able to be in the know of such figures, Matyi pointed out. He had similar concerns with storm sewer works and budget overages.
“I have a lot of real concerns about the transparency of this and delegating all of this out, especially at a time right now when we are already being forced to delegate some of our powers,” Matyi said.
Malandruccolo noted that in some of the areas mentioned, an annual report will be required, so Council is updated on how administration is using those delegated authorities. He further suggested talking to the director responsible for the area for any other areas of concerns Matyi may have, and to come back with any recommendations prior to the next meeting.
In addressing Councillor Katie McGuire-Blais’s concern on budget overages, Director of Corporate Services, Kate Giurissevich, said the intent is to ensure administration is not wasting resources on preparing a report on something the Town may have to pay, anyway. It is meant for nominal amounts, but staff is happy to take feedback or look at a lower dollar amount threshold.
Malandruccolo explained that the Municipal Act requires municipalities to have a Delegation of Authority By-Law as it is understood there have to be some things that have to be done efficiently and can’t wait for a Council meeting.
He added some of the additions are legislated in order to assist with things like legislative authority.
Mayor Sherry Bondy said she is not one to delegate, but if Council delegates and has communication, it is a win-win. She was happy it was not being approved fully that evening, so Council could continue to ask questions.
With hearing concerns around the table, McGuire-Blais preferred to get the document to a point where Council was comfortable before giving a first and second reading. Malandruccolo intends to gather Council input after the meeting and not present the By-Law back to Council for third and final reading until he is sure at least the majority of Council would be happy with it.
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