By Sylene Argent, Local Journalism Initiative Reporter, Essex Free Press
When it came time to provide third and final reading for By-Law 2439, to Delegate the Duties and Powers of the Council of the Town of Essex, it ended up being postponed until the July 21 meeting.
Essex Council gave two readings to the revised edition ofthe Town’s Delegation of Authority By-Law at the May 5 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 previously.
On May 1, the Strong Mayors Act was passed by the Province of Ontario, Malandruccolo added previously. 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.
Originally the third reading passed during Monday’s meeting. The conversation moved quickly, however.
Councillor Jason Matyi raised his hand and noted he would not support it. He doesn’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.
He then asked for a recorded vote.
Mayor Sherry Bondy was sure the Procedural By-Law allowed Council to back-track to do a recorded vote. Matyi, Councillor Kim Verbeek, Councillor Katie McGuire-Blais, Councillor Joe Garon, Councillor Hammond then all voted opposed.
Malandruccolo noted Council cannot oppose after the original one was carried.
The only option was for someone who originally voted in favour to move a motion to reconsider, which needed to be passed by two-thirds of Council. Bondy and Shepley were opposed. That passed it.
Verbeek moved to reconsider the by-law, with McGuire-Blais seconding.
Bondy asked what parts of the By-Law did Council not like, because the Town had to have a Delegation of Authority By-Law. Legally, she added, the province trumps the Town’s procedures.
She asked Council members what it was they wanted to change. McGuire-Blais wanted to look into the section on long-term borrowing agreements. She believes Council should have a say in it, and it is delegated to the Mayor in conjunction with Treasurer and Deputy Treasurer. It was clarified they only have the ability to sign, a by-law on this would come back to Council.
Matyi pointed out some issues he had with it, noting 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.
Bondy noted Council has had ample time to provide feedback on the matter.
If not passed at that meeting, Malandruccolo suggested Council set a time limit to provide feedback on the by-law, so administration could bring back something Council will want to pass.
Matyi saw this as his opportunity to provide feedback on the matter, and was doing so.
Garon liked the idea of taking a pause to take an additional look at it.
Council will have to provide comments to administration by July 7.
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