Committee of Whole Council Agenda

CITY OF WILLIAMS LAKE

COMMITTEE OF WHOLE COUNCIL AGENDA

RICK HANSEN BOARDROOM - CITY HALL - 450 MART STREET JANUARY 29, 2013 6:00 PM

Page

ADOPTION OF MINUTES / AGENDA 3 - 4 1. Minutes of the Committee of Whole Council Meeting held December 11, 2012

2. Adoption of Agenda

PLANNING AND OPERATIONS 5 - 9 P1. Mobile Food Vendor Project

11 - 17 P2. Airport Capital Assistance Program Application - Runway Resurfacing

19 - 20 P3. Water Main Replacement - 134 Yorston Street

FINANCE 21 - 30 1. Whistle Blower Policy

GENERAL GOVERNANCE 31 - 37 G1. Letter from Tsihqot'in National Government re Prosperity

Page 1 of 46 January 29, 2013 Committee of Whole Council

Mine

39 G2. Letter from Fish Lake Alliance re Prosperity Mine

41 - 44 G3. North Central Local Government Association re Submission of Resolutions

45 - 46 G4. North Central Local Government Association re Nominations for 2013-2014 NCLGA Executive

ADJOURNMENT 1. Adjournment

Page 2 of 46 MINUTES OF THE COMMITTEE OF WHOLE COUNCIL MEETING HELD IN THE RICK HANSEN BOARDROOM ON DECEMBER 11, 2012 AT 6:00 PM

PRESENT: Mayor K.L. Cook Councillors I.N. Bonnell, G.W. Bourdon, D.M. Hughes, SPS Rathor, L.T. Walters and S.J. Zacharias

IN ATTENDANCE: G. Goodall, Acting Chief Administrative Officer C. Bouchard, Manager of Legislative Services N. Rowat, Junior Council Member

CALL TO ORDER

1. Minutes of the Committee of Whole Council Meeting held November 27, 2012

Moved by Councillor Rathor Seconded by Councillor Zacharias

That the minutes of the Committee of Whole Council Meeting held November 27, 2012 be adopted as circulated.

CARRIED

2. Adoption of Agenda

Moved by Councillor Rathor Seconded by Councillor Zacharias

That the agenda be adopted as circulated.

CARRIED

Maureen LeBourdais, Regional Manager - Cariboo Chilcotin Region, Fraser Basin Council re 'Williams Lake Celebrating Diversity Mural Project'

Report #55-2012

Moved by Councillor Rathor Seconded by Councillor Bonnell

That the presentation by Maureen LeBourdais, Fraser Basin Council re Williams Lake Celebrating Diversity Mural Project be received, approval for the proposed mural project be given in principle, and a Staff member be authorized to participate with the working group, together with Councillor Walters.

CARRIED

Page 3 of 46 1. Minutes of the Committee of Whole Council Meeting held D... December 11, 2012 Committee of Whole Council Minutes Page 2

Adjournment

Moved by Councillor Bonnell Seconded by Councillor Walters

That the meeting be adjourned.

CARRIED

Time: 6:21 PM

CERTIFIED CORRECT:

______CORPORATE OFFICER

Page 4 of 46 1. Minutes of the Committee of Whole Council Meeting held D... P1 CITY OF WILLIAMS LAKE COUNCIL REPORT

DATE OF REPORT: January 15, 2013 DATE & TYPE OF MEETING: January 29, 2013 Committee of Whole Council Meeting AUTHOR: Cindy Walters/Liliana Dragowska SUBJECT: MOBILE FOOD VENDOR PROJECT FILE: 1-80-9 cc BL 1523 & BL 1494

SECTION 1: EXECUTIVE SUMMARY The purpose of this report is to provide Council with the results of the 2012 Mobile Food Vendors Pilot Project and discuss options to allow Staff to proceed towards gathering public input on policy/bylaw development for Mobile Food Vending in Williams Lake.

SECTION 2: BACKGROUND (if applicable) Last year, with Council’s approval, Staff initiated a Mobile Food Vendors Pilot Project for the summer of 2012. This project was designed to allow mobile food vendors in 4 designated locations in the downtown core of the City. An application process and criteria were set up to regulate this project. Some of the requirements included inspection/insurance/license requirements, costs and also stated that the mobile vending units be self contained, with their own power and water. As our current Williams Lake Business License Bylaw No. 1523 does not allow mobile vending on any City property, Council and Staff had hoped that a pilot project would give us an opportunity to review public response and fine tune any issues that may have come up during the test year.

Unfortunately the City did not have any vendors take advantage of the pilot opportunity in 2012. Staff did receive some interest from local vendors saying they were interested in setting up at a designated location but only if there was access to City power and water, as well as an option to park overnight and this was declined by Council.

SECTION 3: DISCUSSION Staff would like to move forward by taking a questionnaire around to the businesses of the downtown core to gather their input to see if there would be public support in moving forward on this project for the 2013 season.

SECTION 4: DETAILED ANALYSIS a. Financial Considerations – Cost and Resource Allocations: Council should note the project will require Staff time to poll the downtown businesses to collect information, then report back to Council and draft a policy/bylaw if there was interest.

b. Legislative Considerations (Applicable Policies and/or Bylaws): Once the public consultation is completed, if the City is to proceed with mobile vending, Staff will move forward on drafting a new policy or bylaw to regulate this proposal.

Page 5 of 46 1. Mobile Food Vendor Project Mobile Food Vendor Project Page 2

c. This project most closely supports the following ICSP Priority Areas: Lively Downtown Resilient Economy Local Food and Agriculture

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation measures) N/A

e. Environmental Considerations: N/A

f. Social Considerations: Food vendors bring positive activity to the street and add a festive, people-oriented feel that has the potential to improve public safety and downtown activity. In many cities, food vendors provide a window into many diverse cultures, introducing people to new foods and to the pleasures of spending time in the public space of the City.

g. Economic Considerations: The experience of other cities shows that food vendors attract foot traffic to commercial districts – which means increased sales and a more vibrant retail business overall. By offering low-cost, culturally diverse foods for people on the go, they typically complement – rather than compete – with sit-down restaurants and give people more reasons to frequent local shopping districts.

SECTION 5: RECOMMENDATION(S) That Council direct staff to proceed towards gathering public input on policy/bylaw development for Mobile Food Vending in Williams Lake by interviewing downtown businesses and possible food vendors and report back to Council with the results.

Respectfully submitted,

Geoff Goodall Acting Chief Administrative Officer

This report has been prepared in consultation with the following: Initials Director of Financial Services General Manager of Planning & Operations Manager of Economic Development Manager of Legislative Services Manager of Social Development AB

ATTACHMENT(S): Attachment A – Mobile Food Vendor Questionnaire 2013 Attachment B – 2012 Pilot Project Flyer

Page 6 of 46 1. Mobile Food Vendor Project MOBILE FOOD VENDORSAttachment A PILOT PROJECT 2012

The City of Williams Lake welcomes proposals from mobile vendor units to be permitted in four designated sites around the Williams Lake Downtown. The Mobile Vendors Pilot Project designated sites are proposed for Courthouse Square, Kiwanis Park, Boitanio Park and Herb Gardner Park.

For the purpose of this pilot project, mobile vendor means a person carrying on a business of selling goods and food products from an operating vehicle or detachable trailer that can be removed from the premises on short notice and is not a permanently fixture to the designated site. Mobile vending units shall not be stored at the licensed site overnight and shall be self contained units with power and water, must maintain clean work and storage areas, present a neat appearance, and provide a garbage receptacle for the use of their customers. For the purpose of this pilot project Mobile Vendors will be charged $200 per month one th top of a business license. Please note that in Court House Square an additional $20 per month parking permit will be required. Proposals will be reviewed and designated sites will be awarded according to the following Criteria and application re‐ quirements:  Mobile vending units shall be self contained units with power and water, must maintain clean work and storage areas, present a neat appearance, and provide a garbage receptacle for the use of their customers;  Must hold a valid mobile vendors business license and have paid the fee for the pilot season;  Proof of liability insurance up to $3 million with a Cross Liability Clause and the City of Williams Lake named as an insured. In addition, a willingness to sign an agreement with the City for the use of the designated mobile vending site for the 2012 season only;  Health Permit for the Mobile vending unit;  Fire Inspection, at the discretion of the fire inspector, maybe required for mobile vending unit as a part of the business license process;  Ability to obtain a criminal record check;  Experience as a mobile food vendor, readiness to open mobile business;  Use of Local Food and demonstrating how the menu is unique and original from other vending units currently operating in town (The City does not want repeat menus). CONSIDERATION WILL BE GIVEN TO THE DIVERSITY OF FOOD OPTIONS FOR THE FOOD VENDORS;  Food options do not conflict or repeat choices of local cafes and restaurants within a two block radius;  Image of the mobile vending unit. The vending unit must have a clean and well kept appearance that goes with the theme of the menu;  Environmental sustainability considerations including the use of recyclable or compostable packaging; and  In addition, list your preferred designated location in ranking order.

*Any applications received after the deadline will be given consideration if space is available at the identified pilot sites. For more Information on the Project please contact Cindy Walters, Business License Inspector for the City of Williams Lake at 250‐392‐8487 or by email at [email protected]

Page 7 of 46 1. Mobile Food Vendor Project MOBILE FOOD AND WILLIAMS LAKE 2013Attachment B (2 pgs) What is Currently Allowed under City Bylaws?

The City’s current business license bylaw does not allow mobile vending on any City property or Street. At present, The City has a side walk vendors bylaw which allows food cart vending on City sidewalks at the corner of Second Avenue and Oliver Street only.

The City zoning bylaw regulates mobile food vendors on private property only. This is done with the permission of a property owner whose land is zoned for a commercial use and whose property has a principle commercial use and building already established. The mobile business must meet all property line setbacks, have an active business licence and appropriate health permits.

The Benefits of Permitting and Regulating Mobile Vending

1. Economic vitality. The experience of other cities shows that food vendors attract foot traffic to commercial districts - which means increased sales and a more vibrant retail business overall. By offering low-cost, culturally diverse foods for people on the go, they typically complement - rather than compete - with sit-down restaurants and give people more reasons to frequent local shopping districts. Mobile Food Vending can serve as a grassroots solution to disinvestment and unemployment in many communities as mobile food vendors will likely use local businesses as suppliers. 2. Festive, pedestrian-friendly streets. Food vendors bring positive activity to the street and add a festive, people-oriented feel that improves public safety. In many cities, food vendors provide a window into many diverse cultures, introducing people to new foods and to the pleasures of spending time in the public space of the city. 3. An entry point to owning your own business. Food vending can be an ideal first business. For a modest investment, it helps an entrepreneur develop a track record and build loyal clientele. Food vending offers a point of entry to the economy and a way to learn the food service industry. Questionnaire

1. What type of interest do you have in Mobile Food Vendor Regulations? Owner of a Food Service Business Interested in Being a Mobile Vendor Downtown Business Other: ______

2. Do you feel Mobile food vending on public property is appropriate for the City of Williams Lake? Yes No - If No please skip to question 4

Page 8 of 46 1. Mobile Food Vendor Project MOBILE FOOD AND WILLIAMS LAKE 2013Attachment B (2 pgs)

3. If you are support mobile food vending in Williams Lake, what laws, regulations, programs or policies should the City of Williams Lake enact in order to encourage a thriving food truck industry?

Staff have reviewed a number of municipal polices and regulations surrounding mobile food. Listed below are some of the options for regulating Mobile Food vendors in Williams Lake. Please indicate which regulations you think are important to create for Williams Lake and any suggestions you might have. Defining Mobile Food Vendors o Self contained truck or trailer o Semi-permanent truck or trailer with access to water and power o ______ Locations for mobile vendors o City owned parking lots o Designated parking spots in the City( Suggestions:______) o On Street Parking anywhere in the community o ______ Hours of Operation o Day time only o Evenings only o ______ Mobile Vendors Menu’s o Food options do not conflict or repeat choices of local cafes and restaurants within a two block radius; o Food options cannot be repeated in the City (ie no more burger as the burger shack already serves that food option, or tacos…) o Use of Local Food o ______ Must maintain clean work and storage areas, present a neat appearance, and provide a garbage receptacle for the use of their customers; Permit fee o Monthly $______o Seasonally $______o Paid to City or BIA? ______o Other: ______ Must maintain health permit, insurance, business licence, fire inspection.

4. Do you have any suggestions or additional thoughts regarding the City of Williams Lake regulating Mobile Food vendors? ______

Page 9 of 46 1. Mobile Food Vendor Project Page 10 of 46 P2 CITY OF WILLIAMS LAKE COUNCIL REPORT

DATE OF REPORT: January 24, 2013 DATE & TYPE OF MEETING: January 29, 2013 Committee of Whole Council Meeting AUTHOR: Kevin Goldfuss, Director of Municipal Services SUBJECT: ACAP APPLICATION RUNWAY RESURFACING FILE: 1-15-14

SECTION 1: EXECUTIVE SUMMARY The purpose of this report is to provide Council with information regarding the Airport Capital Assistance Program (‘ACAP’) application to resurface the Williams Lake Regional Airport (WLRA) runway and specifically that the funder is indicating that only 5,000 feet of the total 7,000 foot runway resurfacing is eligible.

SECTION 2: BACKGROUND (if applicable) In 2012, City Council hired the services of Genivar Inc. to complete and submit a application under the ACAP to resurface the entire runway length (7,000 ft). This application was submitted on August 15, 2012.

SECTION 3: DISCUSSION City staff has had discussions with representatives from the ACAP program. Although these discussions have not been formal, ACAP staff have stated that based on the WLRA commercial air carriers landing requirements, Transport Canada will not support funding resurfacing of the entire 7,000 foot length. Based on commercial air carrier requirements Transport Canada may only be in a position to approve a 5,000 ft resurfacing. This will leave 2,000 feet that will have to be resurfaced by the City at an estimated cost of 2.5 million dollars. The total cost for the 7,000 ft resurfacing is estimated to be 7 million dollars.

The WLRA provides a broad service to the aviation community, some of which require a 7,000 ft runway. The Ministry of Forest operates their BC Air Tanker Program which is considered as a geographically strategic operating resource for the Province and the interior region. Air tanker contractors that are based out of WLRA for the fire season have expressed concern that a loss of runway length from its current 7,000 feet will severely limit operations, requiring us to download our fire retardant for specific missions and / or require us to abandon operations out of Williams Lake altogether.

The air tanker base and its associated operations are a very important to the sustainability of the Williams Lake Regional Airport and abandonment of this operation will severely limit the self sustainability of the facility as will the requirement to fund the additional 2,000 foot overlay.

SECTION 4: DETAILED ANALYSIS a. Financial Considerations – Cost and Resource Allocations:

b. Legislative Considerations (Applicable Policies and/or Bylaws):

Page 11 of 46 2. Airport Capital Assistance Program Application - Runway ... ACAP Application Runway Resurfacing Page 2

c. This project most closely supports the following ICSP Priority Areas: N/A

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation measures) N/A e. Environmental Considerations:

f. Social Considerations:

g. Economic Considerations: If the WLRA were to lose the current 7,000 feet runway this may have a considerable economic impact to the region. The WLRA may not be able to attract larger commercial carriers, retain its major tenant the BC Ministry of Forests Air Tanker Base. It may also jeopardize the operation of the BC Air Ambulance Program. If this were to occur than the WLRA revenue through leases, fuel sales and landing fees would be reduced considerably.

SECTION 5: RECOMMENDATION(S) That Council send a letter to MP Dick Harris and to MLAs Donna Barnett and Bob Simpson request a meeting to discuss the importance of the WL Regional Airport receiving 100% funding from ACAP for the 7,000 feet runway resurfacing.

Respectfully submitted,

Geoff Goodall Acting Chief Administrative Officer

ATTACHMENTS: Letter from Conair Group Inc. Letter from Helijet International Letter from Air Spray Aviation Services Letter from BC Ministry of Forests

Page 12 of 46 2. Airport Capital Assistance Program Application - Runway ...

CONAIR GROUP INC. 1510 Tower Street Abbotsford, BC Canada V2T 6H5 Telephone: (604) 855-1171 Fax: (604) 855-1185 November 2, 2012 www.conair.ca

Shea De La Mare Airport Coordinator Williams Lake Regional Airport 450 Mart Street Williams Lake, BC V2G 1N3

Dear Shea,

In response to your notice of a possible reduction in useable runway length at CYWL, Conair strongly opposes such a move.

Williams Lake Airport is a strategic retardant reload base for the British Columbia Air Tanker Program and is central to protecting key areas and communities located within the Cariboo Region.

Conair currently has 2 Convair 580 aircraft with the BC Air Tanker Program that are based at CYWL during the spring and summer months. The combination of the high altitude of Williams Lake airport (3,074 feet ASL) and high ambient temperatures in the summer greatly affect the performance of all aircraft and in particular, large heavy transport planes such as airliners and airtankers.

A loss of runway length from its current 7,000 feet will severely limit our operations, require us to download our fire retardant for specific missions and/or require us to abandon operations out of CYWL altogether. As an example, on a 26°C day, a fully loaded CV580 requires a minimum of 5,907 feet of runway for safe operations. Above 35°C, the same aircraft will require a minimum of 6480 feet.

The shortening of the runway at CYWL will have significant consequences and greatly reduce the safety of our operations out of this airport.

Thank you for your consideration of this concern.

Sincerely, Conair Group Inc.

Ray Horton Director of Operations

Page 13 of 46 2. Airport Capital Assistance Program Application - Runway ... ______helijet.com ║ 1.800.665.4354

August 15, 2012

Shea De La Mare Airport Coordinator Williams Lake Regional Airport 450 Mart Street, Williams Lake, BC V2G 1N3

Re: Runway Resurfacing – Williams Lake Airport

Dear Sir;

For most jet operators, 5,000 feet is a nice operations number if the surface is dry. However, when the surface becomes wet, snowy or icy, 6,000 feet becomes a more comfortable number.

Although more distance is always nice to have, from an LR31A operations point of view, I could not support 7,000 feet as justifiable.

You might wish to contact other commercial operators, ie Carson Air, London Air etc. or other corporate operators who use your facility and seek their input.

I have no hesitation in supporting a 6,000 foot request.

Edwin J. Houston Chief Pilot, Fixed Wing Helijet International

______Helijet International Inc. ║ 5911 Airport Road South ║ Richmond, BC ║ V7B 1B5

Page 14 of 46 2. Airport Capital Assistance Program Application - Runway ...

aviation services

November 9, 2012 Air Spray (1967) Ltd. Red Deer, AB

To Whom It May Concern:

This letter is in regard to the proposed plan to reduce the Runway length at Williams Lake.

We operate the Lockheed L188 Electra heavy tanker. At 105,000 lbs gross takeoff weight on a hot day we require a significant amount of runway. The present 7,000’ length allows us to operate at gross weight in all conditions and still retain an adequate safety margin. If the runway length is reduced it may force us to operate at less than gross weight, reducing our efficiency or under certain conditions we may have to use an alternate airport. Any reduction in runway length will certainly reduce the safety margin we now enjoy when working out of Williams Lake.

I would strongly urge you not to reduce the runway length so that all air tankers can continue operate safely out of Williams Lake and provide you and the surrounding area with the highest level of fire protection.

Sincerely,

Dennis Chrystian Chief Pilot Air Spray (1967) Ltd.

FOREST FIRE SUPPRESSION | CHARTER | MAINTENANCE HANGAR 2, RED DEER REGIONAL AIRPORT BOX 690, PENHOLD, ALBERTA, CANADA, T0M 1R0 WWW.AIRSPRAY.COM | TEL: 403.886.4088 | FAX: 403.886.2650

Page 15 of 46 2. Airport Capital Assistance Program Application - Runway ...

File: 14020/Williams Lake Airport

January 24th, 2013

City of Williams Lake Reg Ryan, Manager of Transportation and Buildings 450 Mart Street, Williams Lake, BC V2G 1N3

Dear Reg Ryan:

I am writing in response to learning that the City of Williams Lake may be reducing the runway length at the Williams Lake Airport due to paving of 5000 feet of the current 7000 that is in existence.

Williams Lake is Primary Air Attack base for the Wildfire Management Branch of the Ministry of Forests, Lands and Natural Resource Operations. We run our air tanker operations and a retardant base from this location. This is a strategic location for us as it allows us to access central fire targets more efficiently. For many years now we have based our contract ministry fleet and operate this aircraft from the airport including Electra’s, Convair 580’s, and 802 aircraft out of this airport.

We have also designated the Williams Lake Airport as one of three centralized locations to have Wildfire Management Branch’s staff meet. We bring fire fighting personnel from various areas in the Province in order to move the larger numbers of crews and personnel in contracted 737 aircraft to other parts of Canada to assist other Provinces with their fire fighting needs under our Mutual Aid Agreement. This location and the longer runway was the main consideration in this decision.

The Province has also invested substantial funds in upgrading the Williams Lake fuel system to our mutual benefit. For the ministry this was a necessary step in order to approve the efficiency in our operation. I have been contacted by Shea De La Mare of your office to solicit our input as a result of being contacted by other aircraft operating larger aircraft that is now considering Williams Lake Airport as a stop off point due to the fuel system upgrade. This mutual investment of time and resources would seem like a big step backwards if the operational length of the runway will be shortened.

Ministry of Forests, Lands Wildfire Management Branch Mailing Address: 3080 Airport Road and Natural Resource Provincial Aviation Kamloops, BC V2B 7X2 Operations Phone: 250 312-3010 Fax: 250 554-5468

Page 16 of 46 2. Airport Capital Assistance Program Application - Runway ... One our main considerations in Aviation, is safety, decreasing the length of this airport will seriously affect our aircraft operations from that aspect.

I respectfully ask that you to reconsider this course of action.

Yours truly,

Nina Barber

Nina Barber Aviation Management Specialist Provincial Wildfire Coordination Centre

Page 2 of 2

Page 17 of 46 2. Airport Capital Assistance Program Application - Runway ... Page 18 of 46 P3 CITY OF WILLIAMS LAKE COUNCIL REPORT

DATE OF REPORT: January 24, 2013 DATE & TYPE OF MEETING: February 5, 2013 Regular Council Meeting AUTHOR: Joe Engelberts, Manager of Water & Sewer Division SUBJECT: WATER MAIN REPLACEMENT – 134 YORSTON STREET FILE: 2-39-18

SECTION 1: EXECUTIVE SUMMARY The purpose of this report is to provide Council with the necessary information regarding the replacement of a 4” (100 mm) cast iron water main.

SECTION 2: BACKGROUND On January 12th and 13th City staff were called out to a broken water main at 134 Yorston Street. The water main is 100 mm in size approximately 60 years old and constructed of cast iron. City staff was able to repair the first break which took several hours under extreme weather conditions. City staff was called back the following day to find that a second break had occurred approximately 20 ‘from the first break. In addition to the second break staff was notified that water had been entering the basement of the residents located at 134 Yorston Street.

SECTION 3: DISCUSSION Under the local Government Act 288 “A municipality, council, regional district, board or improvement district, or a greater board, is not liable in any action based on nuisance or on the rule in the Rylands v. Fletcher case if the damages arise, directly or indirectly, out of the breakdown or malfunction of”

(a) a sewer system, (b) a water or drainage facility or system, or (c) a dike or a road. However it should be noted that once it has been brought to the attention of a municipality that there has been infrastructure failure, the failure should be identified and scheduled for maintenance or replacement, this will demonstrate due diligence on the owner. Due to the condition and age of the existing 100 mm cast iron water main, staff is recommending that replacement occur in 2013.

*The replacement of the water main will be done under best practices, a portion of the water main will be constructed of 150 mm PVC and the remainder will be constructed of 100 mm PVC. There are approximately 180 meters of water main, 10 residential water services and valves that will require replacement.

a. Financial Considerations – Cost and Resource Allocations: This project is not identified in the 5 year capital plan; if this project is to be completed in 2013 Council will need to direct staff to put $ 95,000 from the water fund in the 2013 water capital plan.

b. Legislative Considerations (Applicable Policies and/or Bylaws): N/A

Page 19 of 46 3. Water Main Replacement - 134 Yorston Street Water Main Replacement – 134 Yorston Street Page 2

c. This project most closely supports the following ICSP Priority Areas: N/A

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation measures) N/A

e. Environmental Considerations: N/A

f. Social Considerations: N/A

g. Economic Considerations: N/A

SECTION 5: RECOMMENDATIONS That Council allocate $95,000 from the water fund to replace the ageing 100 mm cast iron water main located at 134 Yorston Street; and further, that Council direct staff to amend the 2013 water capital plan.

Respectfully submitted,

Geoff Goodall, Acting Chief Administrative Officer

This report has been prepared in consultation with the following: Initials Director of Financial Services General Manager of Planning & Operations GG Manager of Economic Development Manager of Legislative Services CB Manager of Social Development Planner

Page 20 of 46 3. Water Main Replacement - 134 Yorston Street F1 CITY OF WILLIAMS LAKE COUNCIL REPORT

DATE OF REPORT: December 19, 2012 DATE & TYPE OF MEETING: January 29, 2013 Committee of Whole Council Meeting AUTHOR: Pat Higgins, Director of Financial Services SUBJECT: WHISTLE BLOWER POLICY FILE: 1-52-11

SECTION 1: EXECUTIVE SUMMARY The purpose of this report is to provide additional information on the draft Whistle Blower Policy and further to present a redrafted policy for Council’s review and consideration.

SECTION 2: BACKGROUND In response to the 2011 Addendum to the Auditor’s Management Letter, Council directed staff to prepare a policy that would provide a process for the disclosure of serious wrongdoing with respect to the City’s operations by its employees, and the protection from reprisals of employees for making disclosures of serious wrongdoing.

SECTION 3: DISCUSSION Further to the report presented to Council at the October 30, 2012 Committee of the Whole meeting, staff have now received comments from the City’s auditor as well as legal advice from Young Anderson.

The City auditor’s primary concern was regarding a reporting mechanism for possible wrong doing of Mayor and/or Council. In this regard, Council may wish to consider a separate Code of Ethics for elected officials.

The investigation process and the appointment of an Outside Compliance Officer was discussed with the City’s legal advisors. It was the opinion of the lawyer that it may not be necessary that there be a reporting to a third party beyond the City’s auditors or the police. Additionally, it was noted that the investigation process should be more flexible and allow City employees to conduct the investigation where appropriate.

In response to the comments received, a redrafted policy is attached that amends the process for reporting possible wrong doing and designates the Mayor and/or CAO to determine the level of investigation.

SECTION 4: DETAILED ANALYSIS a. Financial Considerations – Cost and Resource Allocations:

b. Legislative Considerations (Applicable Policies and/or Bylaws): N/A

c. This project most closely supports the following ICSP Priority Areas: N/A

Page 21 of 46 1. Whistle Blower Policy Whistle Blower Policy Page 2

d. This project potentially conflicts with the following ICSP Priority Areas (also list mitigation measures) N/A

e. Environmental Considerations: N/A

f. Social Considerations: N/A

g. Economic Considerations: N/A

SECTION 5: RECOMMENDATION That Council approve the Whistle Blower Policy as presented.

Respectfully submitted,

Geoff Goodall Acting Chief Administrative Officer

ATTACHMENTS: Attachment A – Whistle Blower Policy – Redrafted

Page 22 of 46 1. Whistle Blower Policy Whistle Blower Policy Policy No. Page 1

ISSUED: SEPTEMBER 12, 2012 PREPARED BY: PATRICIA HIGGINS, DIRECTOR OF FINANCE AUTHORIZED BY: COUNCIL TITLE: WHISTLE BLOWER POLICY

1.0 PURPOSE At the City of Williams Lake all employees are expected to maintain high levels of business and personal ethics while conducting their duties. Employees must fulfill Formatted: Highlight Formatted: Highlight their As representatives of the City, responsibilities and duties must be fulfilled with Formatted: Strikethrough honesty and integrity, and comply with the City’s Conflict of Interest Policy and all other laws and regulations. This policy aims to recognizes that it is in the public Formatted: Strikethrough interest to maintain and enhance public confidence in the City and its employees, by providing a procedure for the disclosure of serious wrongdoing with respect to the Formatted: Strikethrough City’s operations by its employees with respect to the City’s operations.; and the Formatted: Strikethrough protection from reprisals of employees for making disclosures of serious wrongdoing when such disclosures are qualifying disclosures, including prescribing the conduct of employees with supervisory or management responsibilities and members of Council with respect to the provision of protection from reprisals. This policy also aims to prevent reprisals against employees who, in good faith, Formatted: Indent: Left: 0.5" disclose incidents of serious wrongdoing. 2.0 DEFINITIONS “employee” means an employee of the City and excludes the Mayor and Members of Council; Formatted: Indent: Left: 0" “good faith” means an act which is not done capriciously, trivially, frivolously or for a Formatted: Strikethrough vexatious purpose, and this definition will be considered in determining what is bad faith under this policy;

Page 23 of 46 1. Whistle Blower Policy Whistle Blower Policy Policy No. Page 2

2.0 DEFINITIONS (cont.) “Outside Compliance Officer” is an outside agent that is responsible for investigating Formatted: Strikethrough and resolving all reported serious wrongdoing. The Compliance Officer will advise Council of the serious wrongdoing without one week of receipt. The Outside Compliance Officer is also required to report to Council as to the result of the investigation and any remedial action undertaken or recommended in the case. Further, the Outside Compliance Officer will report, at least annually, to City Council of all compliance activity since the previous report.

“reprisal” means an adverse consequence or the threat of an adverse consequence directed at an employee who has made a report of a serious wrongdoing. any of the following measures taken against an employee because the Formatted: Strikethrough employee has made a qualifying disclosure: • The dismissal, suspension, demotion, discipline, harassment of an employee • The denial of a benefit of employment to an employee • Any other disadvantaging of an employee • Or the threat to take any of the measure in the above

“serious wrongdoing” means: • A contravention of the Criminal Code, federal or provincial statute or regulation, or City bylaw; • An act or omission that results or is likely to result in the misappropriation or misuse of City funds or assets; • A contravention of the City’s Conflict of Interest Policy that results or is likely to result in profit, payment or compensation to the employee(s); • An act or omission that creates or is likely to create a substantial and specific danger or harm to the life, health or safety of

Page 24 of 46 1. Whistle Blower Policy Whistle Blower Policy Policy No. Page 3

any person; or • An act or omission that creates or is likely to create a substantial and specific danger or harm to the environment

Duty and compliance It is the responsibility of all employees to report serious wrongdoing or suspected serious wrongdoing in accordance with this Policy. An employee who fails to comply with this policy may be disciplined, up to and including dismissal. Allegations which are proved to have been made in bad faith will be viewed as a serious disciplinary offense.

Procedure for submitting a report of serious wrongdoing All reports of serious wrongdoings must • be made in writing; • be made in good faith; • identify the person making the complaint and his or her position with the City; and • identify with sufficient particularity the reasonable grounds on which the employee believes there has been or will be a serious wrongdoing. Where an employee learns of a serious wrongdoing or reasonably suspects serious wrongdoing, the employee must report it in accordance with this policy and in the following manner:

Page 25 of 46 1. Whistle Blower Policy Whistle Blower Policy Policy No. Page 4

If the subject of the alleged serious the alleged serious misconduct miscconduct involves: should be reported to: a. a departmental collegue the informant's direct supervisor

the informant's department head or b. a supervisor manager

c. a department head or manager the Chief Administrative Officer

d. the Chief Administrator Officer the Mayor

The direct supervisor or department head or manager will advise the Chief Administrative Officer of any report received under this policy. The Chief Administrative Officer may report serious misconduct to the Mayor or another member of Council. If a person is not comfortable with reporting to the person indicated above, then that person may approach another supervisor, manager or department head to report their concerns and that supervisor, manager or department head must then report the matter to the Chief Administrative Officer or the Mayor.

Investigation The Chief Administrative Officer or the Mayor, as applicable, will determine the appropriate level of investigation, who should conduct the investigation, and the appropriate response and will advise the Financial Officer of any allegation of fraud or theft. All reports made under this policy will be investigated in an impartial and timely manner. Persons, including employees or members of council, will cooperate in any investigations or alternative actions under this policy, and no person will obstruct or interfere with the Outside Compliance Officer or the Outside Compliance Officer’s agent in his or her investigation or in fulfilling his or her responsibilities under this Policy. No persons who are • aware of or ought to be aware of an investigation under this policy; and • aware of or ought to be aware of any City property that is relevant to an investigation under this Policy

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shall • destroy, conceal, falsify or otherwise alter relevant City property; or • advise, instruct, propose, or direct in any manner, any person to do anything to destroy, conceal, falsify or otherwise alter the relevant City property.

Confidentiality The City will treat all reports of serious wrongdoing in confidence to the extent possible in the circumstances and will involve only those individuals who need to be involved in order to investigate the report of wrongdoing. The City’s obligations under this policy are subject to the provisions of the Freedom of Information and Protection of Privacy Act.

No reprisals No employee who, in good faith, reports serious wrongdoing will be subjected to a reprisal or suffer any adverse employment consequences. It is the responsibility of all employees to comply with the City’s Conflict of Interest Formatted: Strikethrough Policy and report serious wrongdoing or suspected wrongdoings in accordance with this Whistle Blower Policy.

3.0 PROCEDURE FOR REPORTING SERIOUS WRONGDOINGS The City is committed to a culture where it is safe and acceptable for all employees to bring forward their concerns about violations of personal and business ethics.

The City encourages employees to disclose a serious wrongdoing with those who can address them properly. All information received from employees will be treated confidentially and the employee’s identity will be protected throughout the process to the extent possible, consistent with the need to conduct an adequate investigation.

No employee who in good faith makes a disclosure of serious wrongdoing will be subjected to a reprisal. Conversely, any allegations that

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prove to have been made maliciously or knowingly will be viewed as a serious disciplinary offense.

Often the Manager may be able to address concerns. If an employee is not comfortable speaking to their manager, or is not satisfied with the response, an employee may speak with the Manager of Human Resources, the Chief Administrative Officer (CAO), the City Auditor, or the City of Williams Lake’s Staff Sergeant or Outside Compliance Officer. All Managers of the City are required to report a disclosure of serious wrongdoing to the CAO, the City Auditor or Outside Compliance Officer as deemed appropriate.

The CAO, City Auditor or Outside Compliance Officer will determine whether or not a concern made by an employee satisfies the following inclusive and when he/she determines that the following have been satisfied, the disclosure of serious wrongdoing is deemed a “qualifying disclosure” for the purposes of this policy: • The employee making the disclosure of serious wrongdoing identifies himself/herself and his/her position with the City or his/her work title; • The employee making the disclosure has reasonable grounds to believe there has been or is about to occur serious wrongdoing by one or more employees of members of Council; • The employee making the disclosure does so in good faith;

4. INVESTIGATION OR ALTERNATIVE ACTION IN RESPONSE TO A DISCLOSURE OF SERIOUS WRONGDOING At any time after a disclosure of serious wrongdoing is made, the Outside Compliance Officer will determine whether or not it is appropriate for him/her to undertake an investigation or alternative action with respect to such disclosure

In making his/her determination consideration will be given among other things: • The length of time that has lapsed since

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date when the subject-matter of the disclosure of serious wrongdoing is such that undertaking an investigation or alternative action would no useful purpose; • Whether or not undertaking an investigation or alternative action is appropriate given the extent to which any investigation or alternative action can be or has been undertaken by other duly authorized individuals or entities, for example by: o The police under the Criminal Code o Supervisory or management staff under City policies or procedures • At any time it is the opinion that an investigation or alternative action addressing a disclosure of serious wrongdoing can be or has been undertaken by other duly authorized individuals or entities, he/she shall immediately taken such steps as are within his/her authority and practicable to: o Refer the disclosure or serious wrongdoing to the individual or entity responsible for such an investigation or alternative action; o Conduct his/her investigation or alternative action if any, so as not to interfere with an investigation or alternative action undertaken by the other individual or entity

The Outside Compliance Officer will take all reasonable steps to ensure that: • An investigation complies with City policies, procedures and other requirements; • The City’s financial interests are protected including the costs and expenses of such an investigation are minimized without hampering the ability of the Outside Compliance Officer or an appointee from completing his/her investigation; and • The City’s internal resources, including but not limited to the Finance Department and Human Resources are used.

Persons, including employees or Members of Council

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will co-operate in any investigations or alternative actions under this policy, and no person will obstruct or interfere with the Outside Compliance Officer or appointee in his/her investigation or in the performance of any of his/her responsibilities under this policy.

No persons advised of an investigation under this Policy and knowing that a City document or thing is likely to be relevant to such an investigation shall: • Destroy, conceal, falsify or otherwise alter the document or thing; or • Advise, instruct, propose or direct in any manner, any person to do anything to destroy, conceal falsify or alter any document or thing.

5. COMPLIANCE An employee who fails to comply with this policy may be disciplined, up to and including dismissal.

Page 30 of 46 1. Whistle Blower Policy Page 31 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 32 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 33 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 34 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 35 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 36 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 37 of 46 1. Letter from Tsihqot'in National Government re Prosperity... Page 38 of 46 G2 Fish Lake Alliance

a public voice for our waters

Open Letter to Mayor Kerry Cook and Williams Lake City Council January 20, 2013

Dear Mayor and Council,

We appreciate that City Council passed a motion in September, 2012, giving only conditional support to Taseko’s proposed mine at Fish Lake. Therefore, we respectfully ask that City Council await environmental approval by the CEEA Panel AND adequate consultation with First Nations before taking a final position on this project.

Given the wide range of opinions about the "New Prosperity" mine proposal among the citizens of Williams Lake, we request that City Council:

* make it clear in public statements that Council's support depends on the project’s meeting environmental standards, and full consultation with First Nations. Publicity from City Hall does not always express this caveat.

* refrain from making a submission to the federal review Panel about the suitability of the mine proposal,

* refrain from lobbying other levels of government to approve this proposal from Taseko Mines Ltd.

* investigate all sides of the issues raised by the "New" Prosperity mine proposal, including:

• the marginal economics of the mineral ore body • First Nations traditions and Aboriginal rights in the area • the full environmental and socio-economic impacts of the proposed mine

We would welcome any opportunity to share what we have learned about this project. We have been studying assessments done by scientists at Fisheries & Oceans Canada, Ministry of the Environment and some of Taseko’s own consultants, as well as the Panel’s documents identifying inadequacies in the current Environmental Impact Statement. Many of these are available at our website.

We also look forward to presenting some of this information to Council in the near future.

Please feel free to contact us with any questions.

Sincerely,

Jenny Noble for the Fish Lake Alliance

[email protected] www.fishlakealliance.ca

Page 39 of 46 2. Letter from Fish Lake Alliance re Prosperity Mine Page 40 of 46 Page 41 of 46 3. North Central Local Government Association re Submission... Page 42 of 46 3. North Central Local Government Association re Submission... Page 43 of 46 3. North Central Local Government Association re Submission... Page 44 of 46 3. North Central Local Government Association re Submission... Page 45 of 46 4. North Central Local Government Association re Nomination... Page 46 of 46 4. North Central Local Government Association re Nomination...