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HomeMy WebLinkAbout03/20/2020 - Special Meeting City of Niagara Falls Agenda City Council Meeting Friday, March 20, 2020 @ 1:00 PM Council Chambers Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. 3. MAYOR'S REPORTS, ANNOUNCEMENTS 3.1. COVID-19 and its Impact: Update Council on issues related to business continuity. Fallsview BIA -Covid tax relief letter to council march 2020 LLBIA - Covid-19 Impact Letter to Mayor & Council NFCHA - Financial request covid19 CITY- updates fin NFCHA - Letter to Doug Ford - Financial request covid19- latest 3 - 8 4. BY-LAWS The City Clerk will advise of any additional by-laws or amendments to the by-law listed for Council consideration. 2020-24 - Being a by-law to make amendments to the Procedure By-law. COVID-19 By-law Electronic Meetings 9 - 10 2020-25 - Being a by-law to delegate powers and duties to the Mayor and Chief Administrative Officer during the Covid-19 Pandemic and to make 11 - 13 Page 1 of 14 amendments to the Procedure By-law. COVID-19 By-law 2020-26 - A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20th day of March, 2020. 03 20 20 Confirming By-law 14 5. ADJOURNMENT Page 2 of 14 March 18, 2020 Dear Mayor Diodati & members of city council. I hope you are all staying safe during this unpredictable and disorienting time. As you may be aware, almost all of the tourism properties in the Fallsview BIA have closed after an unprecedented last week which saw room cancellations coming in at an alarming rate while bookings into March and April atrophied until they were non-existent. Each day more and more restrictions are being announced and now the border is essentially closed. I don’t think I need to tell you that this has devastated the tourist industry, our owners, staff, customers and our community. There is no income for the foreseeable future. Given the uncertainty of the trajectory of this pandemic, we are asking for the city’s help. While we know our city needs income for the community to survive, the businesses’ also need income and are in need of relief in all areas to survive. The provincial and federal government have announced some initiatives, and we expect more to come, however, at this point we are really only seeing deferrals not relief. Our losses will not be replaced. Once the pandemic has subsided and people are traveling again, it will be income moving forward, and as with SARS, it will be a slow build until the world trusts travel again. The impact of COVID-19 is already far surpassing SARS. Once people start to travel, it cannot not replace what will have been lost for however many weeks or months this emergency lasts. Deferral only moves the line forward; it does not erase it. We ask that you as the city put pressure on the various levels of government for real relief for residents and business alike. We also ask for help from you at the municipal level, such as, property tax deferrals, waiving interest, and a reduction in taxes for the year to support the city’s most significant industry. Even once recovery can begin, it will take time to re-build what has been lost. I am happy to put together a teleconference with the tourism BIA chairs and staff to discuss this with the Mayor and CAO at your earliest convenience. Thank you and we look forward to being in business again. Sue Mingle Executive Director Page 3 of 14 Page 4 of 14 March 19, 2020 Mayor Jim Diodati & Members of City Council City of Niagara Falls 6310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati & Members of City Council, Re: Crippling Impact of Covid-19 on Business & Residents Indeed, we are in unprecedented and challenging times. With conditions spiraling and uncertainty growing, the only thing that we can say for certain is that; we’re all in this together. The LLBIA applauds the creation of the Niagara Economic Rapid Response Team. However, this team should be expanded to include the Chamber(s) and the key BIA’s. Having just come off an important conference call with the OBIAA, many municipalities and regions around the province have formed, or are in the process of forming, special task forces that include, economic development, the Chamber and BIA’s. As a BIA, we represent the interest of all businesses, big or small. These are businesses that are in panic mode, are fighting for survival, and have no voice on their own. The Federal and Provincial Government has made their initial efforts to help stem some of the concerns of business. However, in isolation, these measures are not enough to save many businesses and those employed. The municipality and region need to look at immediate solutions at their disposal that can soften the blow of the first wave of Covid -19. Many municipalities have already taken measures to defer property tax collection, wave penalties and interest as a first step. Some of this cash flow loss to the municipality can be mitigated by lobbying the Province to allow the municipality to delay its’ submission of the Education portion of municipal taxes to a later date. Utilities such as hydro should drop primetime billing rates and extend collection dates and disconnection notices to further help small business and residents in the short run. The only thing that is becoming clearer every day is that we are only seeing the tip of the iceberg here in Canada. We are all in this together and we will have to deal with the rapidly changing landscape on a daily, even hourly basis. Immediate action plans need to be formed, and plans will have to continue to evolve to get us through this. This is a team effort and the LLBIA is here to help in anyway we can to navigate these troubled times. We therefore ask Council do their part and look at all options to help in the short term. Best Regards, David Jovanovic Tish DiBellonia Project Administrator, Chair, Lundy’s Lane BIA Lundy’s Lane BIA 905-401-8247 905-371-8579 Page 5 of 14 Mayor Jim Diodati & City Council of Niagara Falls March 20th, 2020 I am writing on behalf of the Niagara Falls Canada Hotel Association. I am sure you’re all aware of the cataclysmic effect that the COVID-19 pandemic has thrust on our industry. Citywide, you have seen the hotels shattered occupancy which is now less than 5%. The forecast for the next five months shows little improvement. Mr. Mayor, this is a “9-1-1” call request for your URGENT assistance. First, we are asking for your help with power and influence, of your office, to advocate for financial disaster relief support from the provincial and federal governments, (per our attached letter to the province). Within the city government’s direct purview, we are asking your assistance as follows:  Relief on paying property tax, initially for the immediate future and then waive interest and penalties for tax arrears up to one year.  Assistance in working with the regional property tax assessment office to normalize; reduce the property tax values inherent with our type of business  Assistance with the region to reduce water costs for one year  Assistance in working with the provincial and local power utility, to seek relief in costs and defer payments for one year Thank you for your considerations, Sincerely, A. D. Birrell B. Executive Director, Niagara Falls Canada Hotel Association Page 6 of 14 Doug Ford, Premier of Ontario The Honourable Rod Phillips, Finance Minister of Ontario The Honourable Lisa MacLeod , Minister of Heritage, Sport, Tourism and Culture Sam Oosterhoff, Member of Provincial Parliament March 19th, 2020 I am writing on behalf of the Niagara Falls Canada Hotel Association. As I am sure you are all aware, the recent events surrounding the COVID-19 virus has devastated the Niagara Hotel market; normally host to a vast mix of international and domestic visitors. It appears that our occupancy will dip below the 5 % mark, and this should likely endure for many months. There is no relief in sight, as the world has stopped travelling. Please understand that this is already a fragile market with its acute seasonality. Likewise, the ownership profile is comprised of small entrepreneurs, (not large reits like other markets in the country), with limited financial resources, consequently, many of these businesses are highly at risk. This market is more affected, than any other market in the country. The Hotel industry is capital and labour intensive. Hotels in Niagara provide over 25,000 full time equivalent positions, not including the secondary and tertiary positions, one of the largest employers in the peninsula. Today, 90% of the workforce has been laid off. The livelihood of our collective employees will continue to be a primary concern and as such, we need to ensure that our businesses can withstand this crisis and reinstate employment as soon as possible. I am writing to seek your assistance with these various forms of financial aid:  We are requesting liquidity in the form of cash grant, (disaster relief), to help with fixed costs, and the big overhead inherent in our industry  We are requesting funds to help maintain a core nucleus of management and staff; most have been laid off  We are asking to provide a waiver on HST payments, to allow these businesses to use this cash in hand to help survive the crisis  A grant, to help hotels with their fixed costs and allow a mechanism to keep some staff employed  Encourage city governments to waive property taxes interest free for up to a year  Any other financial assistance to these businesses to help them through this unprecedented time This is an unprecedented situation that calls for unprecedented, real financial help, that will have a major benefit to this community Thank you for your considerations, Sincerely, A. Douglas Birrell Page 7 of 14 B. Executive Director, Niagara Falls Canada Hotel Association Page 8 of 14 CITY OF NIAGARA FALLS By-law No. 2020 - Being a by-law to make amendments to the Procedure By-law. WHEREAS to help protect the health and safety of residents, the Mayor and Council and City staff during the COVID-19 pandemic, the City of Niagara Falls has suspended certain municipal programs and closed or prohibited public access to some City facilities. AND WHEREAS the Municipal Emergency Act, 2020 allows the City, during municipal or provincial emergencies, to amend its procedural by-law to allow Councillors to participate electronically in open and closed meetings and be counted for the purpose of establishing quorum. AND WHEREAS Council considers it to be in the City’s interests to curtail public and staff attendance at Council meetings and to allow Councillors to participate electronically at meetings pursuant to section 238 (3.1) of the Municipal Act, 2001. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Short Title 1. This By-law may be referred to as the “Council Meetings during an Emergency By-law”. Interpretation 2. In this By-law: “Emergency” means an emergency declared by the province or the City pursuant to sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act; “Electronic Method of Communication” means any method of electronic communication that allows a Councillor to hear and be heard at by the other Councillors and the Mayor during a Council meeting; “Procedure By-law” means City By-Law No. 2019-4, as amended; Procedural By-law 3. The Procedure By-law shall be amended as follows: (a) Add new section 6A: Page 9 of 14 6A. Attendance at Meetings 6A.1 If an Emergency has been declared by the City or the Province, Members may participate in open or closed meetings of Council through an Electronic Method of Communication. (b) Add new section 8.6: 8.6 A Member participating in a meeting using an Electronic Method of Communication shall be counted in determining whether or not a quorum of members is present at any point in time. (c) Add new section 15.7: 15.7 Notwithstanding section 15.1, if a Member is participating in the meeting using an Electronic Method of Communication, the Member may indicate their wish to speak to a matter under debate by verbally advising the Mayor of that wish. Meetings during the Emergency 4. Notwithstanding any provision of the Procedure By-law, during the Emergency, meetings of Council shall be considered meetings open to the public under section 239 of the Municipal Act, 2001, if the meeting is live streamed to a service available to the public electronically. 5. Unless otherwise approved by Council, there shall be no presentations or delegations permitted at meetings held during the Emergency except as required by the provisions of the Municipal Act, 2001 or the Planning Act or any other Act. General 6. This By-law is effective on the date of its passing. Read a First, Second and Third time; passed, signed and sealed in open Council this 20th day of March, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 10 of 14 CITY OF NIAGARA FALLS By-law No. 2020 - Being a by-law to delegate powers and duties to the Mayor and Chief Administrative Officer during the Covid-19 Pandemic and to make amendments to the Procedure By- law. WHEREAS Section 23.1 of the Municipal Act, 2001 provides that a municipality may delegate its powers and duties, subject to certain restrictions. AND WHEREAS Section 23.2 (1) of the Municipal Act, 2001 does not authorize a municipality to delegate legislative and quasi-judicial powers under any Act except those listed in subsection (2) and the legislative and quasi-judicial powers under the listed Acts may be delegated only to: (a) one or more members of its council or a council committee; (b) a body having at least two members of whom at least 50 per cent are: (i) members of its council; (ii) individuals appointed by its council; (iii) a combination of individuals described in sub clauses i. and ii.; or (c) an individual who is an officer, employee or agent of the municipality. AND WHEREAS Section 23.3 (1) of the Municipal Act, 2001 does not authorize a municipality to delegate any of the following powers and duties: (a) The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act. (b) The power to pass a by-law under section 400.1 and Parts VIII, IX, IX.1 and X. (c) The power to incorporate corporations in accordance with section 203. (d) The power to adopt an official plan or an amendment to an official plan under the Planning Act. (e) The power to pass a zoning by-law under the Planning Act. (f) The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and (7). (g) The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act. (h) The power to adopt or amend the budget of the municipality. (i) Any other power or duty that may be prescribed. Page 11 of 14 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Short Title 1. This By-law may be referred to as the “COVID-19 By-law”. Interpretation 2. In this By-law: “Delegated Body” means the Mayor and the Chief Administrative Officer or their delegates; “Emergency” means the COVID-19 pandemic; Delegation 3. The Delegated Body consisting of the Mayor and the Chief Administrative Officer shall be jointly delegated the powers and duties of Council under the Municipal Act, 2001, or any other act, subject to the restrictions prescribed by law, from the date of the passing of this by-law until the Emergency is resolved or this by-law is repealed. 4. Members of the Delegated Body may delegate an alternate to be a member of the Delegated Body in their absence or inability to perform the delegated duties. The alternate shall be approved by both members of the Delegated Body. 5. The Delegated Body shall exercise such delegated powers and duties only in the event that Council is unable to hold a meeting in the t ime frame required to consider matters that may require the exercise of municipal authority. 6. Quorum for decision-making by the Delegated Body shall be 2 members. 7. Decisions of the Delegated Body shall be approved by consensus. 8. For the purpose of addressing the Emergency, the Delegated Body may use any funds available from any budgeted item, a reserve or the City’s investments. 9. The Delegated Body may conduct, or authorize the conducting of, the procurement of those goods and services required to address the Emergency with or without the involvement of the Manager of Procurement and without employing the processes provided for in the City’s Supply and Services Policy. 10. The Delegated Body shall report the exercise of such delegated authority to Page 12 of 14 Council as soon as practicable. 11. Notwithstanding the delegation of powers and duties provided for by this by- law, Council shall retain its municipal authorities and it may continue to exercise its powers and duties under the Municipal Act, 2001, and any other act concurrently with the Delegated Body. 12. The delegation of powers and duties provided for by this By-law may be revoked at any time by Council without notice. General 13. This By-law is effective on the date of its passing. Read a First, Second and Third time; passed, signed and sealed in open Council this 20th day of March, 2020. ......................................................................... ....................................................... WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 13 of 14 CITY OF NIAGARA FALLS By-law No. 2020 - 26 A by-law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20th day of March, 2020. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 20th day of March 2020 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by-law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by-law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by-law shall be deemed for all purposes to be the by-law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Read a first, second, third time and passed. Signed and sealed in open Council this 20th day of March, 2020. .............................................................. ............................................................. WILLIAM G. MATSON, CITY CLERK JAMES M. DIODATI, MAYOR Page 14 of 14