By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
Essex Council finally gave third and final reading to By-Law 2439 to Delegate the Duties and Powers of the Council of the Town of Essex during the July 21 meeting.
Essex Council gave two readings to the revised edition of the Town’s Delegation of Authority By-Law at the May 5 meeting. When it was first presented for final reading at the June 16 meeting, the matter was instead postponed to be voted on at the July 21 meeting.
This gave Councillors more time to forward concerns to administration.
At that time, Councillor Jason Matyi didn’t believe the Town should be delegating authority away, as the province has laid out. Municipalities should be part of the process. He did not support the by-law as it was presented last month.
He pointed out some issues he had with it, noting he believed the province has limited people’s ability to appeal. He also didn’t like that recurring events no longer had to go to Council for by-law exemptions, only new ones.
The updated By-Law was drafted by senior directors and the CAO.
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, Joe Malandruccolo, Director of Legislative and Legal Services, explained.
It also addresses additional requests from administration, where administration believes they are doing things on a daily basis for which they need delegated authority, Malandruccolo explained to Council previously.
He previously explained the Municipal Act requires Council to have a Delegation of Authority By-Law. 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 original 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.
There were changes made to the By-Law since the last meeting, Malandruccolo said. That included reverting the holding of the Zoning By-Law Amendment, and the Surplus Dwelling Zoning By-Law Amendment, which changes back to the enabling policies in the Draft Official Plan and will be dealt with that way going forward.
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