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COUNCIL PRESENT:
COUNCIL ABSENT:
COUNCIL LATE:
MINUTES
City Council Meeting
Tuesday, April 24, 2018 Council Chambers 5:00 PM
Mayor Jim Diodati, Councillor Wayne Campbell, Councillor Kim Craitor,
Councillor Carolynn loannoni, Councillor Vince Kerrio, Councillor Joyce
Morocco, Councillor Victor Pietrangelo, Councillor Mike Strange, and
Councillor Wayne Thomson
1 IN CAMERA SESSION OF COUNCIL 4:00 P.M.
a) In Camera Resolution, April 24, 2018
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Joyce Morocco that Council enter into an In Camera session.
Carried Unanimously
Councillor Strange absent
2 CALL TO ORDER
a) 0 Canada sung by Mia Bergamo
3 ADOPTION OF MINUTES
a) Council Minutes of April 10, 2018
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Victor Pietrangelo that the minutes of April 10, 2018 be
approved as recorded.
Carried Unanimously
4 DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made
for the current Council Meeting at this time.
Page
Page 1 of 17
a) Councillor Pietrangelo declared a conflict to wire transfer # 00144-0004,
made to the Niagara Catholic District School Board, his employer and to
Bylaw 2018-43.
b) Councillor Kerrio indicated a conflict with report CAO-2018-01.
c) Councillor Thomson indicated a conflict with report CAO-2018-01.
d) Councillor Morocco indicated a conflict with report CAO-2018-01.
e) Councillor Craitor indicated a pecuniary interest to cheque number
413836, made payable to himself.
f) Mayor Diodati indicated a pecuniary interest to cheque number 414179,
made payable to himself.
5 MAYOR'S REPORTS, ANNOUNCEMENTS
a) Mayor Diodati extended condolences to Anna Morocco, a city employee,
on the passing of her grandmother, Elvira Marielli.
Mayor Diodati announced: Flags at City Hall were lowered and remain
at half-staff in honour of the 10 people who lost their live and 15 others
who were hospitalized after the tragic Toronto van attack; Paul Harris
Award Symposium; Meeting with the President of China Council for the
promotion of International trade, Mr. Zengwei Jiang and Volunteer
Firefighter recognition banquet took place.
The next meeting of Council is May 8, 2018.
6 REPORTS
a) CAO-2018-01 - Transient Accommodation Tax (a.k.a. Hotel Tax)
The report recommends the following:
1. That the City of Niagara Falls implement a Transient Accommodation
Tax of $2.00 per room per night of occupancy commencing January 1,
2019.
2. That the Transient Tax apply to all accommodation in the City of
Niagara Falls and that the program be implemented as outlined in this
report.
City Council
April 24, 2018
14 - 17
Page 2 of 17
3. The City of Niagara Falls supports the creation of a Niagara Falls
Hotel Association (NFHA) to act as the eligible tourism entity under the
regulation to distribute the funds as outlined in this report.
4. That the Transient Accommodation rate be approved for a five (5)
year term, however, after January 1, 2022 (3 years), the partners agree
to conduct a review of the Transient Accommodation Tax and related
impact on tourism and may retain a consultant to conduct an impact
study to assist in determining its effectiveness.
Doug Birrell, CEO Niagara Hospitality Hotels, representing the various
BIA's made a presentation and asked for the support of Council.
ORDERED on the motion of Councillor Carolynn loannoni, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Motion Carried
with Councillor Campbell opposed and
Councillors Kerrio, Morocco and Thomson declaring a conflict.
CAO-2018-01 Transient Accommodation Tax
7 REPORTS
a) F-2018-12 - Cancellation, Reduction or Refund of Taxes Under
Section 357 and 358 of The Municipal Act, 2001
The report recommends that Council approve the cancellation, reduction
or refund of taxes on the various accounts per the attached summary
and granted to the property owners listed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the report be approved as recommended.
Carried Unanimously
b) F-2018-13 - Monthly Tax Receivables Report - March
The report recommends that Council receive the Monthly Tax
Receivables report for information purposes.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
City Council
April 24, 2018
Page 3 of 17
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously
c) F-2018-14 - Municipal Accounts
The report recommends that Council approve the municipal accounts
totaling $50,701,824.89 for the period March 12, 2018 to April 4, 2018.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimously
d) F-2018-17 - Development Charges Exemption for Lundy% Lane CIP
Properties
The report recommends that Council initiate a Development Charges
(DC) rebate program for qualified applicant's properties within the
Lundy's Lane Improvement Area s (LLBIA) Community Improvement
Plan (CIP) area with the funding for rebates to be derived from the OLG
contribution funding in 2018-2019.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously
e) MW-2018-07 - Neighbourhood Playground Replacement Project
Update
The report recommends:
1. That park locations identified for improvements under the 2018
Neighbourhood Playground Replacement Project be accepted:
A J. McKinley Park, Carolyn Park, Grey Robinson Park, John N.
Allan Park, Lind Sommerville Park, Mount Forest Park, Russell
Park, Shirley Park and Wilson Park.
City Council
April 24, 2018
Page 4 of 17
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2. That Council award the supply and installation of playground
equipment at A.J. McKinley Park, Carolyn Park, Grey Robinson
Park, John N. Allan Park Lind Sommerville Park, Mount Forest
Park, Russell Park and Wilson Park to the preferred proponent
PlayPower LT Canada Inc for $371,990.24 + HST.
3. That the Mayor and Clerk be authorized to execute the necessary
documents.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously
PBD-2018-24 - DOW 2017-002, Request for Extension of
Commercial Building & Facade Grant Approval for 4634 Queen
Street Applicant: David Sabina
The report recommends that Council approve an extension of one year
for the Commercial Building and Facade Improvement Grant Agreement
for Application DOW-2017-002, 4634 Queen Street.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Wayne Thomson that the report be approved as
recommended.
Carried Unanimously
R&C-2018-06 - MacBain Community Centre Pool Repair
The report recommends the following:
1. That Council approve $100,000 contribution, 50% of the total
repair cost to implement the required repairs to the suspended
pool ceiling at the MacBain community Centre.
2. That Council approve amending the 2018 Capital Budget for this
project using the capital holding reserve as a funding source.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Vince Kerrio that the report be approved as recommended.
Carried Unanimously
City Council
April 24, 2018
Page 5 of 17
h) R&C-2018-08 - Naming and Renaming of Parks - Bruno Agostinelli
Jr. Application
The report recommends that Council approve the Recreation
Committee's recommendation to install a plaque in memory of Bruno
Agostinelli Jr. at the refurbished tennis court at Riverview Park.
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Victor Pietrangelo that the report be approved as
recommended.
Carried Unanimously
i) TS-2018-12 - Nichols Lane - Speed Limit Review
The report recommends that the speed limit on Nichols Lane be reduced
from 80 km/h to 60 km/h.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Joyce Morocco that the report be approved as recommended.
Carried Unanimously
8 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
a) Saint Paul High School Spirit Day — Request to permit up to 3 food
trucks on the school property and waive any licensing fees for the 1 day
event, May 23, 2018.
Recommendation: For the Consideration of Council
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Joyce Morocco that the communication be approved.
Carried Unanimously
b) Ontario Small Urban Convention 2018 - AGM this May at the
Sheraton on the Falls.
RECOMMENDATION: For the Information of Council
City Council
April 24, 2018
Page 6 of 17
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Wayne Campbell that the communication be received.
Carried Unanimously
c) Niagara Regional Labour Council - requesting that April 28, 2018 be
proclaimed as a " National Day of Mourning" in the City of Niagara Falls
and further that Council and staff be invited to attend the ceremony at
10:30 a m. at the Workers Monument at City Hall.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Kim Craitor, Seconded by
Councillor Wayne Campbell that the communication be approved.
Carried Unanimously
d) Falun Dafa Association of Canada - that the month of May be
recognized as "Falun Dafa Month" in the City of Niagara Falls.
RECOMMENDATION: For the Approval of Council
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Mike Strange that the communication be approved.
Carried Unanimously
e) Moving Transit Forward — Interim Branding Strategy and
Communications Approach
Recommendation: For the Approval of Council
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Wayne Campbell that the communication be approved.
Carried Unanimously
City of Welland Resolution — Requesting the Ontario Government to
implement reforms that would encourage the remediation of abandoned
contaminated properties.
RECOMMENDATION: For the Approval of Council
City Council
April 24, 2018
Page 7 of 17
g)
ORDERED on the motion of Councillor Vince Kerrio that the
communication be approved.
Carried Unanimously
National Congress Italian Canadians, Niagara Peninsula District —
Celebrating 8th Annual Italian Heritage Month along with Giovanni
Caboto Day would like to request a flag raising on Friday June 1, 2018
at 12pm
Recommendation: For the Approval of Council
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Joyce Morocco that the communication be approved.
Carried Unanimously
h) Taps Brewing Company - requesting relief of the noise By-law for
various events taking place in 2018 at 4680 Queen Street.
RECOMMENDATION: For the Consideration of Council
ORDERED on the motion of Councillor Mike Strange, Seconded by
Councillor Victor Pietrangelo that the communication be approved.
Carried Unanimously
Rotary Niagara Falls Sunrise Ribfest — requesting that the City of
Niagara Falls declare their 14th Annual Niagara Rotary Ribfest a
Community Event, to be held June 15, 16 17, 2018 at Niagara Square.
Recommendation: For the Consideration of Council.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Joyce Morocco that the communication be approved.
Carried Unanimously
9 NEW BUSINESS
a) Coyotes - Hallage Trail
City Council
April 24, 2018
Page 8 of 17
ORDERED on the motion of Councillor Wayne Campbell, Seconded by
Councillor Victor Pietrangelo Refer to staff and report back on the issue
of coyotes along the trail.
Carried Unanimously
b) Vacation Rental Units
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Victor Pietrangelo that staff continue to enforce the Short
term vacation rental units in residential areas, with no grace period; the
standard enforcement procedures are to be applied.
Carried Unanimously
c) Hwy 405
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Kim Craitor that the City put forward an official resolution
requesting that the province and the Region support a fully functioning
405, to include access to and from the QEW northbound and
southbound, rather than forcing traffic through the City.
Carried Unanimously
10 PLANNING MATTERS
a) Public Meeting
AM-2018-003, Zoning By-law Amendment Application
Part 1, 59R-13324
Owner: Fern Pasquale
Background Report: PBD-2018-20
The report recommends:
That Council approve the Zoning By-law amendment application to
rezone the land to a site specific Residential Single Family 1 E Density
(R1 E) zone to allow the construction of two single detached dwellings,
subject to the regulation outlined in this report.
The Director of Planning & Development provided Council with an
overview.
City Council
April 24, 2018
Page 9 of 17
Fernando Pasquale, applicant, in favor of staff report and
recommendation, he expressed a concern with a parking issue.
The Public Meeting is Closed.
ORDERED on the motion of Councillor Victor Pietrangelo, Seconded by
Councillor Wayne Thomson that the recommendation in the report be
approve; with no requirement to build a turnaround in the driveway
which would remain optional.
Carried Unanimously
b) Councillor loannoni exited Chambers and did not return.
Public Meeting
AM-2018-001, Zoning By-law Amendment Application
5888 Thorold Stone Road and part of 5900 Thorold Stone Road
Applicant Lantana Holdings Inc.
Background Report: PBD-2018-21
The report recommends that Council approve the Zoning By-law
amendment application to rezone the lands to a site specific Light
Industrial (LI) zone, to allow the expansion of the existing Chevrolet car
dealership, subject to the regulations outlined in this report.
The Director of Planning and Development provided an overview.
Robert Martin, agent for Lantana Holdings Inc, expressed no objections,
is in agreement with the staff report and recommendations.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Vince Kerrio, Seconded by
Councillor Kim Craitor that the report be approved as recommended.
Carried Unanimously
c) Public Meeting
City Council
April 24, 2018
Page 10 of 17
26CD-11-2018-001
Plan of Vacant Land Condominium
7712 Badger Road
Applicant 1962866 Ontario Inc. ( Lucy Borghesi)
Recommendation Report: PBD-2018-22
The report recommends the following:
That the 7712 Badger Road Plan of Vacant Land Condominium be draft
approved subject to the conditions in Appendix A;
That the Mayor or designate be authorized to sign the draft plan as
"approved" 20 days after notice of Council's decision has been given as
required by the Planning Act, provided no appeals of the decision have
been lodged
That draft approval be given for three years, after which approval will
lapse unless an extension is requested by the developer and granted by
Council; and
That the Mayor and City Clerk be authorized to execute the
Condominium Agreement and any required documents to allow for the
future registration of the subdivision when all matters are addressed to
the satisfaction of the City Solicitor.
Marion Girodat, 7781 Badger Road, expressed concern with the
additional traffic/noise on Badger Road.
The Public Meeting was Closed.
ORDERED on the motion of Councillor Wayne Thomson, Seconded by
Councillor Wayne Campbell that the report be approved as
recommended.
Carried Unanimously
11 RATIFICATION OF IN CAMERA MATTERS
BY-LAWS
The City Clerk will advise of any additional by-laws or amendments to the by-
law listed for Council consideration.
City Council
April 24, 2018
Page 11 of 17
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Morocco that the by-laws be given a first reading. Carried
Unanimously
2018-41 A by-law to provide for the adoption of Amendment No.115 to
the City of Niagara Falls Official Plan.
2018-42 A by-law to amend By-law No. 79-200, to delete references to
the term family and owner (AM-2018-002).
2018-43 A by-law to amend By-law No. 79-200, to introduce new
definitions and regulatory provisions to address accessory dwelling units
(AM-2012-014).
2018-44 A by-law to amend By-law No. 89-2000, being a by-law to
regulate parking and traffic on City Roads. (Stop Signs at Intersections)
2018-45 A by-law to authorize the payment of $50,701,824.89 or
General Purposes.
2018-46 A by-law to amend By-law 2002-081, being a by-law to appoint
City employees, agents and third parties for the enforcement of
provincial or municipal by-laws.
2018-47 A by-law to adopt, ratify and confirm the actions of City Council
at its meeting held on the 24th day of April, 2018.
ORDERED on the motion of Councillor Pietrangelo, seconded by
Councillor Strange that the by-laws be given a second and third reading.
Carried Unanimously
12 ADJOURNMENT
a) Adjournment of Council meeting.
ORDERED on the motion of Councillor Joyce Morocco, Seconded by
Councillor Wayne Campbell that the meeting be adjourned at 7:45 p. m.
Carried Unanimously
City Council
April 24, 2018
Page 12 of 17
City Council
April 24, 2018
JAODATI, MAY R
BILL MATSON, ACTING CITY
CLERK
Page 13 of 17
Niagarafalls
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Chief Administrative Officer
SUBJECT: CAO-2018-01
Transient Accommodation Tax
(a.k.a. Hotel Tax)
RECOMMENDATION
CAO-2018-01
April 24, 2018
1. That the City of Niagara Falls implement a Transient Accommodation Tax of $2.00 per
room per night of occupancy commencing January 1, 2019.
2. That the Transient Tax apply to all accommodation in the City of Niagara Falls and
that the program be implemented as outlined in this report.
3. The City of Niagara Falls supports the creation of a Niagara Falls Hotel Association
(NFHA) to act as the eligible tourism entity under the regulation to distribute the funds
as outlined in this report.
4. That the Transient Accommodation rate be approved for a five (5) year term, however,
after January 1, 2022 (3 years), the partners agree to conduct a review of
the Transient Accommodation Tax and related impact on tourism and may retain a
consultant to conduct an impact study to assist in determining its effectiveness.
BACKGROUND
At the Council meeting held on November 28, 2017 Council received a report on the
Transient Accommodation Tax.
Council recommended that the implementation of the tax be deferred and no action taken
until consultation has taken place with all stakeholders.
On January 16, 2018 a public meeting of all stakeholders was held. Subsequent to the
public meeting staff conducted further discussions with representatives from the various
B.I.A's.
On March 28, 2018 a further meeting was held with B.I.A representatives whereby proposal
from the accommodation sector was presented. This proposal received the support from
all B.I.A's and is reflective of the program details outlined in this report.
Page 14 of 17
CAO-2018-01
April 24, 2018
In April, 2017 the Province of Ontario passed Bill 127: Stronger, Healthier Ontario Act
(Budget Measures) 2017, which allow lower or single tier municipalities in Ontario to charge
a transient accommodation tax, also called a "Hotel Tax', upper tier municipalities, such as
the Region, are not eligible to collect funds under this regulation. The regulations (Ontario
Regulations 435/17) received approval on November 23, 2017 and came into force on
December 1, 2017.
In a letter from the Ontario Minister of Tourism, Culture and Sport, the Honourable Eleanor
McMahon, she encourages the City to consider how a new tax on transient accommodation
may bring greater transparency and consistency to the existing practices in our City
through the sharing of funds with a tourism organization, application of a uniform rate, and
clearer labelling of the charge on hotel bills. This is an opportunity for the City of Niagara
Falls to strengthen its partnership with its tourism partners to ensure that the tourism sector
continues to be competitive in Niagara Falls and in Ontario.
The legislation states that municipalities that adopt a hotel tax and have an existing
Destination Marketing Fee (DMF) program in place are required to share the hotel tax
revenue with the appropriate not -for -profit tourism organization in an amount that matches
the total revenue generated by the existing (DMF) program. Where such a program does
not exist for a municipality, at least 50 per cent of the hotel tax revenue is to be shared with
the respective Regional Tourism Organization or a not -for -profit tourism organization.
With respect to Niagara Falls at least 50% of the revenue generated must be shared with
the eligible tourism entity. The City of Niagara Falls would be required to administer the
collection of the proposed fee.
ANALYSIS/RATIONALE
The Transient Accommodation (Hotel Tax) will replace the current "DMF" programs across
the province. The stakeholders will collect the tax at the source from consumers.
In Niagara Falls there are currently 132 hotel/motels in the city with approximately 12,000
hotel rooms. The tax would only be charged on the hotel room and could not be applied to
other components of tourism operations. The tax can also be applied to short term rentals
(Airbnb, VRBO etc.) and other forms of accommodation. The only exclusion is university or
college residence accommodations.
Although there are no specifics outlined in the regulation, related to how the monies can be
spent, it is staff's opinion that monies collected from the "Hotel Tax" should be used to
support the tourism sector. Examples of this would be financial assistance for major
events, such as televised New Year's Eve, and live concerts, fireworks, and destination
marketing.
Page 15 of 17
3
CAO-2018-01
April 24, 2018
Once implemented, the Hotel Tax replaces the "DMF". This means that tourism
businesses could no longer charge a "DMF". This does not prevent a hotel from charging a
"resort fee" or "facility charge", but these would not be considered a tax.
As a result of the consultations with all stakeholders, as directed by Council, the following is
an overview of the proposed transient tax program to be implemented on January 1, 2019:
• A Niagara Falls Hotel Association (a not -for -profit organization) will be created to
provide a collective voice to address the needs of the accommodation sector. All
accommodations are eligible for membership in the Association.
• The Niagara Falls Hotel Association (NFHA), will operate independently from Council
and will be responsible to manage and disperse for tourism promotion and
destination marketing, the funds that are collected.
• The City will collect the funds and retain a portion of the tax (5 %) to administer the
transient tax program.
• The City will no longer directly fund from property tax or OLG sources any tourism
initiatives such as the Winter Festival of Lights or Niagara Falls Tourism. This will
become the responsibility of the NFHA. This includes annual fee for service requests
and one-time funding requests from OLG funds.
• Other promotions such as New Year's Eve and shows such as Kelly and Ryan and
destination marketing will be funded directly through the NFHA transient tax funds.
• The collection of the funds would commence on January 1, 2019 and monies
allocated by the NFHA would be dispersed starting in July, 2019.
Niagara Falls Hotel Association
The NFHA is proposed to be a newly created, not -for -profit organization that will act as the
eligible tourism entity under the Transient Tax legislation for the purposes of distributing
funds for such initiatives as: destination marketing, special events funding, fireworks and
funding existing organizations such as Niagara Falls Tourism and Winter Festival of Lights.
To be eligible to be a member of the NFTA you must be from the accommodation sector
since the transient tax is only collected on overnight room stays.
Page 16 of 17
The NFHA of Directors would be as follows:
• Fallsview B.I.A
• Lundy's Lane B.I.A
• Victoria Centre B.I.A
• Clifton Hill B.I.A.
• At Large
TOTAL:
4
4,404 rooms
2,018 rooms
1,917 rooms
773 rooms
3,055 rooms
12,167 rooms
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
5 seats
2 seats
2 seats
1 seat
3 seats
13 seats
CAO-2018-01
April 24, 2018
The implementation of a Hotel Tax will not have any impact on the 2018 operating budget.
In 2019, a positive impact will occur due to the elimination of funding commitments
currently contained in the operating budget. This includes payments to the WFOL and NFT.
It should be noted that once the tax is implemented (January 1, 2019), the tourism sector
can no longer charge a DMF tax This does not prevent hotels from charging fees in their
rates such as resort fees and facilities fees.
The proposal recommends the collection of $2 00 per room per occupied night. It has been
estimated that this will generate approximately $5 million in revenue on an annual basis.
The fee will be in place for a period of 5 years, subject to a review of the program after the
third year.
Currently the City provides funds to Niagara Falls Tourism in the amount of $360,000 and
the Winter Festival of Lights to the amount of $ 342,000 from the Operating Budget and
special funding of $300,000 and $400,000 from the funds received from the OLG
contribution agreement.
These funds would no longer be funded from these sources but instead will be funded from
the Transient Accommodation Tax.
In order for the City to administer the collection of these fees, additional staffing resources
will be required and included in the 2019 operating budget. Revenue to offset these costs
would come from the 5% of the funds retained.
At the end of each year the funding allotments would be reported to Council similar to the
reports Council receives on Sleep Cheap and OLG.
Respectfully submitted
Ken Todd, Chief Administrative Officer
Page 17 of 17