Regular Meeting of Council

REGULAR MEETING OF COUNCIL

TUESDAY, FEBRUARY 28, 2017, AT 6:30 PM

COUNCIL CHAMBERS, 1027 ALDOUS STREET, SMITHERS B.C.

A G E N D A

1. CALL TO ORDER

1.1 APPROVAL OF AGENDA (including Supplemental Items)

2. PUBLIC HEARING

3. APPROVAL OF MINUTES

3.1 REGULAR - FEB 14 Minutes of the Regular Meeting of Council held February 14, 2017.

3.2 SPECIAL OPEN - FEB 14 Minutes of the Special Open Meeting of Council held February 14, 2017.

4. BUSINESS ARISING FROM THE MINUTES

4.1 OUTSTANDING C.O.W. ITEMS Fairgrounds Management Agreement between Town and BVAIA - beginning of April Air Quality - end of April Small Business Task Force with SBTF members - Spring Permissive Taxation Exemption Policy Review - June Revitalization Tax Exemption - later in Council's term Ranger Park Building Upgrades

4.2 ITEM 5.1 - FEB 14 - BVSAR Delegation material from the presentation by F. Oliemans, Bulkley Valley Search and Rescue, regarding a suitable location and support for a new Search and Rescue building and facilities.

Page 1 of 204 Agenda of the Regular Meeting of Council being held February 28, 2017.

5. PETITIONS AND DELEGATIONS

5.1 EFC DEVELOPMENTS LTD. Presentation by Brent Berezowski, Business Development and Leasing Manager, EFC Developments Ltd., regarding YYD Aviation Landing partnership at the Smithers Airport (0530-05).

5.2 NWCC STUDENTS' UNION Presentation by Lenda Girard, Northwest Community College Students' Union, regarding the "Don't Close the Doors" campaign to save adult basic education (0530-05).

5.3 SMITHERS LUMBER YARD & CHAMBER Presentation by Smithers Lumber Yard, Smithers and District Chamber of Commerce, and other businesses regarding a letter from the Town regarding banner signs (0530-05).

6. COUNCIL REPORTS

6.1 COUNCILLOR ATRILL

6.2 COUNCILLOR BRIENESSE

6.2.1 FINANCE - FEB 7 Minutes of the Finance Committee meeting held February 7, 2017, for adoption (as an accurate record of the meeting).

6.2.2 FINANCE - FEB 7 - MOTIONS ONLY Motions from the Finance Committee meeting held February 7, 2017, for Council's ratification.

6.3 COUNCILLOR BROWN

6.4 COUNCILLOR BROWNE

6.5 COUNCILLOR GOODACRE

6.5.1 FFMC - FEB 9 Minutes of the Fall Fair Management Committee meeting held February 9, 2017. (There is one bolded motion for Council's consideration).

6.5.2 VISITOR STATS Visitor Statistics from the Smithers and District Chamber of Commerce for the period ending January 31, 2017 (0230-20).

Page 2 of 204 Agenda of the Regular Meeting of Council being held February 28, 2017.

6.6 COUNCILLOR WRAY

6.6.1 TRANSIT - FEB 17 Minutes of the Smithers and District Transit Committee meeting held February 17, 2017. (There are bolded motions for Council's consideration. See also Staff Reports).

6.6.2 LIBRARIAN'S REPORT Librarian's Report for February 2017 from W. Wright, Library Director, and information regarding the British Columbia Library Association Awards (7960-02).

6.7 REPORT OF MAYOR BACHRACH

6.7.1 MAYOR'S REPORT Mayor's Report dated February 28, 2017 (0550-01).

6.8 REPORT OF RDBN AREA A DIRECTOR

7. STAFF REPORTS

7.1 STAFF (A) REPORTS

7.1.1 TRANSIT COMMITTEE - TERMS OF REFERENCE Report FIN 17-24 dated February 20, 2017, from L. Ford, Director of Finance, recommending: a) approval of the new and revised Terms of Reference for the Smithers and District Transit Committee; and b) appointment of 2 additional Councillors to the Committee (1610-01).

7.1.2 TRANSIT SERVICE - FUNDING PARTNERS' AGREEMENT Report FIN 17-25 dated February 20, 2017, from L. Ford, Director of Finance, recommending approval for the Chief Administrative Officer to sign the new "Smithers and District Transit/Para-Transit Service Funding Partners' Agreement (1610-01).

7.1.3 AAP Report ADM 17-013 dated February 21, 2017, from D. Plouffe, Director of Corporate Services, recommending an Alternative Approval Process to borrow to finance the Smithers Regional Airport modernization and expansion project (4200-20).

Page 3 of 204 Agenda of the Regular Meeting of Council being held February 28, 2017.

7.1.4 FLNRO LEASE Report ADM 17-012 dated February 20, 2017, from D. Plouffe, Director of Corporate Services, recommending signing of a Lease Agreement between the Ministry of Forests, Lands and Natural Resource Operations and the Town for land at the Smithers Airport (Vault).

7.1.5 APPOINTMENT - AIRPORT COMMITTEE Report ADM 17-014 dated January 23, 2017, from D. Plouffe, Director of Corporate Services, recommending Council appoint Paul Jungclaus to the Smithers Regional Airport Terminal Modernization Committee (0360-20).

7.1.6 PORTLAND LOO Report DEV 17-002 dated February 15, 2017, from M. Allen, Director of Development Services, regarding the Downtown Portland Loo Project, and recommending: a) location; b) budget and funding source ; and c) waiving Purchasing Policy (5330-20/17-05).

7.2 STAFF (B) REPORTS

7.2.1 RECYCLING SPECIAL PROJECTS Report W/OPS 5380-20 from R. Smith, Director of Works and Operations, regarding recycling special projects (5380-20).

7.2.2 2016 YEAR END MUNICIPAL MARKERS Municipal Markers 2016 Year in Review.

7.2.3 JANUARY MUNICIPAL MARKERS Municipal Markers January 2017.

8. BYLAWS

8.1 BYLAW 1806 Report FIN 17-23 dated February 17, 2017, from L. Ford, Director of Finance, recommending "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019" be given third reading.

Third reading.

Page 4 of 204 Agenda of the Regular Meeting of Council being held February 28, 2017.

9. CORRESPONDENCE (A) ITEMS

9.1 HUMAN TRAFFICKING Email dated February 18, 2017, from C. Peters, Advocate and Speaker on Human Trafficking, urging Council to send letters to the Premier, Minister of Justice, and Solicitor General asking that human trafficking be addressed and asking for implementation/funding for enforcement of the law and for education of police and the public (0530-05).

9.2 LALAZAR SIGN Letter dated February 14, 2017, from R. Khan, Owner of Lalazar Restaurant, 3835 First Avenue, regarding a roof top sign and letter from the Building Inspector to R. Khan dated February 15, 2017 (4520-20).

9.3 4100 BLOCK 2ND AVE - PAVING Letter received February 21, 2017, from M. Goodacre, 4110 Second Avenue, advising that her daughter-in-law will be collecting signatures, on her behalf, to request paving for the 4100 Block of Second Avenue (5320-20).

10. CORRESPONDENCE (B) ITEMS - RECEIVE FOR INFORMATION

10.1 OPERATION LIFESAVE Letter dated January 31, 2017, from Operation Lifesaver advising that April 24 to 30, 2017, is Rail Safety Week (0630-010).

10.2 3% HOTEL TAX Email dated February 20, 2017, from the Ministry of Finance, advising that the Town's application for the renewal and rate increase of the three per cent tax on accommodation will take effect July 1, 2017 (6900-02).

11. CORRESPONDENCE (D) ITEMS

12. SUPPLEMENTAL ITEMS APPROVED FOR DISCUSSION

12.1 HARFENIST - RANGER PARK Email dated February 27, 2017, from A. Harfenist, 3651 Hillside Drive, opposing Ranger Park as the location for a new Bulkley Valley Search and Rescue facility (0530-05). [Addenda] 12.2 McCOY - RANGER PARK Email dated February 27, 2017, from H. McCoy opposing Ranger Park as the location for a new Bulkley Valley Search and Rescue facility (0530-05).

Page 5 of 204 Agenda of the Regular Meeting of Council being held February 28, 2017.

[Addenda] 12.3 KUMLEA - SECOND AVE PAVING Letter from J. Kumlea, 4141 Second Avenue, opposing paving of the 4100 block of Second Avenue (5320-20). [Addenda]

13. OTHER/NEW BUSINESS

14. PUBLIC QUESTION PERIOD

15. ADJOURNMENT

Page 6 of 204 Agenda Item # 3.1

TOWN OF SMITHERS

MINUTES OF THE REGULAR MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, 1027 ALDOUS STREET, SMITHERS, B.C. ON TUESDAY, FEBRUARY 14, 2017, AT 6:30 P.M.

Council Present: Staff Present: Taylor Bachrach, Mayor Anne Yanciw, Chief Administrative Officer Gladys Atrill, Councillor Leslie Ford, Director of Finance Phil Brienesse, Councillor Mark Allen, Director of Development Services Greg Brown, Councillor Roger Smith, Director of Works and Operations Shelley Browne, Councillor Ryan Coltura, Recreation Coordinator Bill Goodacre, Councillor Janice McKay, Recording Secretary. Frank Wray, Councillor. Staff Excused: Dianna Plouffe, Director of Corporate Services Keith Stecko, Fire Chief Rob Blackburn, Airport Manager.

Media Present: D. Vandenberg, Moose FM; and C. Gareau, The Interior News.

1. CALL TO ORDER

Mayor Bachrach called the meeting to order (6:29 p.m.).

Mayor Bachrach presented Lorraine Doiron and Ingo and Jean Oevermann with Council Chambers' name plaques to honour and acknowledge them for attending Council meetings regularly over the past five years, commenting at the Public Question Period section of Council meetings, and for being engaged citizens.

1.1 APPROVAL OF AGENDA (including Supplemental Items)

R17.050 Atrill/Browne THAT Council approves the agenda. CARRIED.

2. PUBLIC HEARING

3. APPROVAL OF MINUTES

3.1 REGULAR - JAN 24 AND SPECIAL OPEN - JAN 24, 31 & FEB 3 R17.051 Brienesse/Atrill THAT the following minutes be adopted: a) Regular Meeting of Council held January 24, 2017; and b) Special Open meetings of Council held January 24, January 31, and February 3, 2017. CARRIED.

Page 1 of 16

REGULAR - FEB 14 Page 7 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

3.2 SPECIAL OPEN - JAN 24 See 3.1.

3.3 SPECIAL OPEN - JAN 31 See 3.1.

3.4 SPECIAL OPEN - FEB 3 See 3.1.

4. BUSINESS ARISING FROM THE MINUTES

4.1 OUTSTANDING C.O.W. ITEMS The list of outstanding Committee of the Whole items was presented.

4.2 ITEM 5.1 - JAN 24 - PERIMETER TRAIL SIGNS The delegation material from the presentation by M. Cooke, grade 6 teacher at Walnut Park School, regarding the Interpretive Sign Project for the Town of Smithers Perimeter Trail, was presented (0530-05).

R17.052 Brienesse/Wray THAT Council directs Staff to work with M. Cooke, grade 6 teacher, Walnut Park School to allow interpretive signs along the Perimeter Trail. CARRIED.

5. PETITIONS AND DELEGATIONS

5.1 BVSAR Fred Oliemans, Bulkley Valley Search and Rescue (BVSAR), gave a presentation outlining the services provided by the not-for-profit, 35- member, volunteer Society and the challenges it faces due to outgrowing existing facilities.

F. Oliemans advised that: a) BVSAR is on call at all times and covers an area from Smithers to the Yukon border; b) there were 32 callouts in 2015 and 28 in 2016; c) BVSAR is very equipment intensive; d) there is a need for adequate, heated, efficient, consolidated storage space, so that critical response times can be shortened significantly; e) a highly-functioning Search and Rescue group is in the best interest of the Town of Smithers, as Smithers is promoted as an outdoor recreational destination; f) approximately half of the funds have been raised for a new, 4,000 square ft. (60 ft. by 65 ft.) central storage and response centre; g) BVSAR is prepared to fundraise the remainder of the $500,000 required for the new facility (excludes land); and h) grant money from the Province needs to be substantially spent by March 2019.

Page 2 of 16

REGULAR - FEB 14 Page 8 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

Bulkley Valley Search and Rescue requests that the Town enter into discussions with BVSAR as soon as possible, to be satisfactorily concluded by May 2017, with the goal being the acquisition by BVSAR of an appropriate parcel of land upon which BVSAR will construct and operate a new Search and Rescue facility. Constructing the facility beside the Ranger Park building has a number of benefits, including good radio communication. The intention would be to house Amateur Radio and PEP Air as well.

F. Oliemans invited Council to take a tour of the existing facilities prior to the next Council meeting and responded to questions regarding: a) use of airport lands or Firehall; b) parking requirements; c) how residents might respond to having the facility in Ranger Park; d) if BVSAR has asked the Regional District for support; e) the relationship between BVSAR and the Town of Smithers; and f) ongoing operations costs.

5.2 RCMP UPDATE Staff Sgt. Rob Mitchell, Smithers RCMP Detachment, provided an update on policing issues and priorities.

The presentation included the following topics: a) Staffing: Currently, positions include 16 General Duty (9 are municipally funded), 4 Traffic Services, 5 Clerical, 7 Guards and 1 Victim Services Manager (upcoming vacancy). Four members have received transfer notification.

b) Detachment Operational Update: Renovations and upgrades continue. Approved projects include shower upgrades, administration work office upgrades, improved perimeter lighting and expansion of rear parking lot.

c) 2016-2017 priorities to address community concerns: The following areas were identified: i) alcohol and drug abuse, including Fentanyl; ii) police/community relations including visibility and communication; iii) violence, especially domestic assault prevention; iv) road safety, including speeding, aggressive, unlicensed, impaired and off-road vehicle drivers; v) youth, specifically in the area of traffic offences and youth-related violence through social media.

d) Detachment Initiatives Update: The Detachment: a) identified 3 prolific offenders engaged in trafficking and property offences (2 are in jail, the other will appear in Provincial Court); b) identified 3 social chronic offenders and called upon Mental Health and Addictions to provide counselling services; c) conducted licenced premises' checks and perimeter walks; d) conducted downtown core and Bovill Square patrols; e) conducted random road blocks; f) targeted known hot spots

Page 3 of 16

REGULAR - FEB 14 Page 9 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

for traffic problems; and g) began a Secondary School program to educate youth on traffic safety and online safety and bullying. Programs will also be delivered to elementary school students.

e) RCMP Auxiliary Constable Program Update: The RCMP have decided to implement changes regarding tiered models, training standards, and uniform options. Smithers has 3 active Auxiliary Constables which is good for a community of this size. Active recruitment and training have been temporarily on hold.

f) Crime Statistics: The following Crime Trends graphs were presented: a) Persons Violent Crime; b) Property Crime; c) Crime Types - Assaults, Mischief to Property, Break and Enter - Residence, and CDSA (Drug) Offences; and d) Smithers Statistics by Offence Type.

Staff Sgt. Mitchell advised that new priorities for the fiscal year are set in March.

6. COUNCIL REPORTS

6.1 COUNCILLOR ATRILL

6.1.1 ACCESS SMITHERS - JAN 6 The minutes of the Access Smithers meeting held January 6, 2017, were presented (0360-20).

6.1.2 ARTS & CULTURE CENTRE R17.053 Atrill/Brienesse THAT the Town of Smithers invite the representatives of the Village of Telkwa and the Director of Area A of the Regional District of Bulkley- Nechako to meet to discuss the proposed Bulkley Valley Arts and Culture Centre, with topics to include the interest of Telkwa and the Regional District in being involved in the planning, construction, and long-term operation of the proposed Centre.

R17.054 Browne/Brown THAT Motion R17.053 be amended by adding the Office of the Wet'suwet'en to the list of invitees. CARRIED.

Page 4 of 16

REGULAR - FEB 14 Page 10 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

6.1.2 cont’d The main motion, as amended, was voted on with the final wording being as follows:

THAT the Town of Smithers invite the representatives of the Village of Telkwa, Director of Area 'A' of the Regional District of Bulkley- Nechako, and the Office of the Wet'suwet'en to meet to discuss the proposed Bulkley Valley Arts and Culture Centre, with topics to include the interest of the Village of Telkwa, the Regional District of Bulkley- Nechako, and the Office of the Wet'suwet'en in being involved in the planning, construction, and long-term operation of the proposed Centre. CARRIED.

6.1.3 ATRILL REPORT Councillor Atrill reported on the February 9, 2017, roundtable and presentation by BC Music Fund and Creative BC regarding support for the local music industry and urged Council to think of the music industry as part of the local economy.

6.2 COUNCILLOR BRIENESSE

6.2.1 FINANCE - JAN 31 R17.055 Brienesse/Wray THAT the minutes of the Finance Committee meeting held January 31, 2017, be adopted. CARRIED.

6.2.2 FINANCE - JAN 31 - MOTIONS ONLY The motions from the Finance Committee meeting held January 31, 2017, were presented for Council's ratification.

R17.056 Brienesse/Browne THAT Council ratifies all of the motions made by the Finance Committee at the Finance Committee meeting held January 31, 2017. CARRIED.

The following is the list of motions ratified by Council:

Motions from the January 31, 2017, Finance Committee Meeting:

Motion 1 THAT the Finance Committee recommend to Council that Council approves the Northern Hockey School’s request to hold their Summer Hockey Program from August 14-18, 2017, in the New Arena;

AND THAT the Northern Hockey School be charged a rate of $144 per hour in 2017.

Page 5 of 16

REGULAR - FEB 14 Page 11 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

Motion 2 THAT the Finance Committee recommend to Council that Council approves the base funding and cost of living allowance increase as outlined in the proposed budget to the Smithers Public Library, Bulkley Valley Historical and Museum Society; Smithers Art Gallery; and Bulkley Valley Community Arts Council;

AND THAT the approved Smithers Public Library’s 2017 combined Town of Smithers and Regional District of Bulkley Nechako funding amount be $309,609;

AND THAT the approved Bulkley Valley Historical and Museum Society’s 2017 combined Town of Smithers and Regional District of Bulkley Nechako funding amount be $71,781;

AND THAT the approved Smithers Art Gallery’s 2017 combined Town of Smithers and Regional District of Bulkley Nechako funding amount be $32,352;

AND THAT the approved Bulkley Valley Community Arts Council’s 2017 combined Town of Smithers and Regional District of Bulkley Nechako funding amount be $4,044.

Motion 3 THAT the Finance Committee recommend to Council that Council approves the Smithers Public Library 2017 Budget, including the use of $8,000 Surplus Funds for books, multimedia, technology, and other expenses, as amended.

Motion 4 THAT the Finance Committee recommend to Council that Council remove the last remaining Summer Student Parks Position wage of $13,826 from the 2017 Budget.

Motion 5 THAT the Finance Committee recommend to Council that Council approve the 2017-2021 Operating budget for Recreation and Culture, as amended.

Motion 6 THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Transportation and Transit, as amended, with the exception of the Traffic Marking Budget.

Page 6 of 16

REGULAR - FEB 14 Page 12 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

Motion 7 THAT the Finance Committee recommend to Council that Council approve using $10,000 of the Multi Materials British Columbia (MMBC) Revenue as part of the GHG Emissions Reduction Reserve transfer, to reduce General Taxation, instead of using the revenue for Recycling Special Projects.

Motion 8 THAT the Finance Committee recommend to Council that the above motion of $10,000 be used for 2017 only.

Motion 9 THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Garbage Collection and Recycling, as amended.

Motion 10 THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Cemetery Operations, as presented.

Motion 11 THAT the Finance Committee recommend to Council that Council allocate a $40,000 budget to address capacity issues in the Development Services and Finance Departments.

6.2.3 BRIENESSE REPORT R17.057 Brienesse/Atrill THAT Council sends a letter of congratulations to A. and D. Rath for hosting their 200th broadcast of "Lightning Guitar Monsters" on CICK Community Radio. CARRIED.

6.3 COUNCILLOR BROWN

None.

6.4 COUNCILLOR BROWNE

6.4.1 BROWNE REPORT Councillor Browne reported that she attended the Celebration of Life for B. Blix and the first Smithers to Moricetown bus run. She advised that the Bulkley Valley Museum will be holding a fundraising poker night on February 25, 2017, at the Old Church.

Page 7 of 16

REGULAR - FEB 14 Page 13 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

6.5 COUNCILLOR GOODACRE

6.5.1 GOODACRE REPORT Councillor Goodacre advised that he attended: a) the Fall Fair Management Committee meeting held February 9, 2017, regarding Fairgrounds infrastructure; and b) the Chamber Executive Luncheon held February 14, 2017. The Chamber will be sending a letter to the Canadian Federation of Independent Businesses to inform them of the many businesses that have headquarters in Smithers and to invite them to visit Smithers.

6.6 COUNCILLOR WRAY

None.

6.7 REPORT OF MAYOR BACHRACH

6.7.1 MAYOR'S REPORT Mayor Bachrach presented his written Mayor's Report dated February 14, 2017 (0550-01).

6.8 REPORT OF RDBN AREA A DIRECTOR

6.8.1 RDBN DIRECTOR REPORT M. Fisher, Area 'A' Director, Regional District of Bulkley-Nechako, presented his written report for January and February 2017, and answered questions from Council (0400-55).

7. STAFF REPORTS

7.1 STAFF (A) REPORTS

7.1.1 G4 SECURE SOLUTIONS Report ADM 17-011 dated January 30, 2017, from D. Plouffe, Director of Corporate Services, recommending signing of the Lease Agreement between G4 Secure Solutions (Canada) Ltd. and the Town, was presented (Vault).

R17.058 Brienesse/Brown THAT Council authorizes the Mayor and Chief Administrative Officer to sign the Lease Agreement between G4 Secure Solutions (Canada) Ltd. and the Town of Smithers for a five-year term commencing April 1, 2017, and expiring on March 31, 2022. CARRIED.

Page 8 of 16

REGULAR - FEB 14 Page 14 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

7.1.2 APC APPOINTMENT Report ADM 17-008 dated January 23, 2017, from D. Plouffe, Director of Corporate Services, recommending Council appoint one new member to the Advisory Planning Commission for a minimum term of one year and a maximum term of three years, was presented (0360- 20).

R17.059 Brienesse/Atrill THAT Council appoints Liliana Dragowska to the Advisory Planning Commission for a term of three years. OPPOSED: COUNCILLORS ATRILL AND CARRIED. WRAY.

R17.060 Brienesse/Atrill THAT C. Bruintjes be provided with a gift, for the maximum term, for serving on the Advisory Planning Commission. CARRIED.

7.1.3 SECOND AVE PARKING LOT - RDBN GRANT APPLIC Report DEV 17-007 dated February 7, 2017, from M. Allen, Director of Development Services, requesting a Council resolution to accompany the Regional District of Bulkley-Nechako Federal Gas Tax application, was presented (0400-55).

R17.061 Atrill/Wray THAT the Town of Smithers approves the submission of a Federal Gas Tax Application, in the amount of $75,000, to the Regional District of Bulkley-Nechako for constructing a public parking lot at 3743 Second Avenue in 2017; and furthermore, the Town of Smithers will enter into an agreement with the Regional District of Bulkley-Nechako, if the application is approved. CARRIED.

R17.062 Brienesse/Atrill THAT Council rescinds any previous motions directing Staff to submit an application to the Regional District of Bulkley-Nechako for Gas Tax funding to go towards the Portland Loo project. CARRIED.

Page 9 of 16

REGULAR - FEB 14 Page 15 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

7.1.4 BV ARTS & CULTURE CENTRE - AWARD Report DEV 17-004 dated February 7, 2017, from A. Watson, Planner, recommending award of the contract for the "Bulkley-Valley Arts & Culture Centre Pre-Feasibility Study", was presented (5280-02).

R17.063 Brienesse/Brown THAT Council awards the contract for the Bulkley Valley Arts and Culture Centre Pre-Feasibility Study to PUBLIC, from Vancouver, in the amount of $38,000.00 (0810-20). CARRIED.

7.2 STAFF (B) REPORTS

7.2.1 TESLA SUPERCHARGER STATION Report DEV 17-003 dated February 3, 2017, from M. Allen, Director of Development Services, providing information on Electric Vehicle charging stations, was presented (0550-01).

8. BYLAWS

8.1 BYLAW 1806 Report FIN 17-20 dated February 6, 2017, from L. Ford, Director of Finance, introducing "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019" for readings, was presented.

R17.064 Brienesse/Browne THAT Council directs Staff to come back with a new rate schedule with less of an increase in youth rates and less of a decrease in adult rates, overall resulting in a revenue-neutral position for ball diamonds and soccer fields.

R17.065 Brienesse/Atrill THAT Council postpones Motion R17.064 until Council gives readings of "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019". CARRIED.

R17.066 Brienesse/Atrill THAT "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019" be read a first and second time. CARRIED.

Page 10 of 16

REGULAR - FEB 14 Page 16 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

8.1 cont’d Motion R17.064, directing Staff to come back with a new rate schedule with less of an increase in youth rates and less of a decrease in adult rates, overall resulting in a revenue-neutral position for ball diamonds and soccer fields, was put back on the table, voted on, and CARRIED, with Councillor Wray OPPOSED.

R17.067 Wray/Brienesse THAT wherever a one percent fee increase is shown for the years 2018 and 2019 in "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019", it should be changed to a two percent increase. CARRIED.

R17.068 Brienesse/Browne THAT Council changes the refund policy (Section 13 of Schedule 'A' of "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019") by removing the pro-rated refund and by changing "Full refund if requested 24 hours prior to program start" to "Full refund if requested 72 hours prior to program start". OPPOSED: COUNCILLORS ATRILL, BROWN, DEFEATED. BROWNE, GOODACRE, AND WRAY.

R17.069 Browne/Brienesse THAT Council directs Staff to amend Section 13 of Schedule 'A' of "Bylaw No. 1806 - Recreation Fees and Charges 2017-2019" with the intent of providing less generous refund time frames. OPPOSED: COUNCILLORS ATRILL, BROWN, DEFEATED. GOODACRE AND WRAY.

Mayor Bachrach called for a brief recess (9:12 p.m.).

The meeting reconvened (9:19 p.m.).

9. CORRESPONDENCE (A) ITEMS

9.1 TUMBLER RIDGE - RAIL LINE REPAIR The letter dated January 23, 2017, from the District of Tumbler Ridge requesting a letter of support be sent to the Federal Government encouraging infrastructure maintenance repairs be made to the deteriorating Tumbler Ridge Subdivision of the CN Rail line, was presented (0530-05).

R17.070 Atrill/Brown THAT Council sends a letter offering support to the District of Tumbler Ridge regarding infrastructure maintenance repairs to the deteriorating Tumbler Ridge Subdivision of the CN Rail line. OPPOSED: COUNCILLORS BRIENESSE AND CARRIED. WRAY.

Page 11 of 16

REGULAR - FEB 14 Page 17 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

9.2 BCAFM - COUPON PROGRAM The letter dated January 20, 2017, from the BC Association of Farmers' Markets requesting a letter of support be sent to the Minister of Health for the BC Farmers' Market Nutrition Coupon Program, was presented (0530-05).

R17.071 Bachrach/Brown THAT a letter of support be sent to the Minister of Health for the BC Farmers' Market Nutrition Coupon Program. CARRIED.

9.3 COAST MOUNTAIN GM - FEE WAIVER REQUEST The letter dated January 18, 2017, from Coast Mountain GM requesting fees be waived for use of the Civic Centre parking lot for the Buick Drive charity event being held April 22, 2017, was presented (0530-05).

R17.072 Atrill/Browne THAT Council sends a letter to Coast Mountain GM denying the request to waive fees for use of the Civic Centre parking lot for the Buick Drive charity event being held April 22, 2017, and advising of Council's rationale. CARRIED.

9.4 BVCRB - FUNDING REQUEST The letter received February 3, 2017, from the Bulkley Valley Community Resources Board requesting a financial contribution to assist in the delivery of services, was presented (0530-05).

R17.073 Wray/Brienesse THAT Council denies the request from the Bulkley Valley Community Resources Board for a financial contribution to assist in the delivery of services.

R17.074 Goodacre/Atrill THAT Motion R17.073 be amended by adding: "AND THAT Council offers free meeting space, within Town Hall, to the Bulkley Valley Community Resources Board". OPPOSED: COUNCILLOR WRAY. CARRIED.

Page 12 of 16

REGULAR - FEB 14 Page 18 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

9.4 cont’d The main motion, as amended, was voted on with the final wording being as follows:

THAT Council denies the request from the Bulkley Valley Community Resources Board for a financial contribution to assist in the delivery of services;

AND THAT Council offers free meeting space, within Town Hall, to the Bulkley Valley Community Resources Board. CARRIED.

9.5 BPW HOLDINGS - PARKING The letter dated February 5, 2017, from B. Weme, BPW Holdings Ltd., regarding cash-in-lieu parking and recent changes to the Zoning Bylaw for parking in the C-1, C-1A and C-1B zones, was presented (5490- 01).

10. CORRESPONDENCE (B) ITEMS - RECEIVE FOR INFORMATION

10.1 BLACK HISTORY MONTH - CANADA 150 The email dated January 25, 2017, from Multiculturalism Outreach regarding Black History Month in Canada, was presented (0400-40).

10.2 NDI - GRANT WRITING The letter dated January 6, 2017, from the Northern Development Initiative Trust advising that the Town's application for 2017 Grant Writing Support Funding is approved, was presented (6750-20).

10.3 NDI - ECONOMIC DEVELOPMENT Letter dated January 6, 2017, from the Northern Development Initiative Trust advising that the Town's application for 2017 Economic Development Capacity Building funds is approved, was presented (6750-20).

10.4 NDI - BVCDCS The letter dated January 26, 2017, from the Northern Development Initiative Trust to the Bulkley Valley Child Development Centre Society advising that the Society's Community Halls and Recreation Facilities application was approved, was presented (6750-20).

Page 13 of 16

REGULAR - FEB 14 Page 19 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

10.5 EARTHQUAKE WARNING SYSTEM The letter dated January 12, 2017, from Weir-Jones Engineering Consultants Ltd. regarding their ShakeAlarm Earthquake Early Warning System, was presented (0530-05).

10.6 MOE - OBSCR The letter dated January 25, 2017, from the Ministry of Environment regarding proposed changes to the Open Burning Smoke Control Regulation, was presented (0400-20).

10.7 IDM MINING The letter dated January 20, 2017, from IDM Mining to the Premier supporting the Northwest BC Resource Benefits Alliance, was presented (5280-18).

10.8 FRENCH SERVICES The letter dated January 30, 2017, from the Minister Responsible for Francophone Affairs Program encouraging local governments to support the delivery of French programs and services, was presented (0400-20).

10.9 NDI - BUSINESS FACADE PROGRAM The letter dated January 26, 2017, from the Northern Development Initiative Trust advising that the Town's 2017 Business Facade Improvement application has been approved, was presented (6750- 20).

10.10 FOSSIL FUEL COMPANIES - LEGAL ACTION The letter dated January 25, 2017, from West Coast Environmental Law Association and others regarding legal action to hold fossil fuel companies responsible for climate change, was presented (0530-05).

10.11 RDBN - HWY 16 TRANSIT APPORTIONMENT The memorandum dated February 9, 2017, from the Board of Directors to the Chief Administrative Officer, Regional District of Bulkley-Nechako, regarding "Highway 16 Regional Para-Transit Service Establishment apportionment updated", was presented (0400- 55).

Page 14 of 16

REGULAR - FEB 14 Page 20 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

10.12 CANADIAN FALLEN HEROES The email dated February 8, 2017, from the Canadian Fallen Heroes Foundation regarding the Youth Remembrance Initiative, was presented (0530-05).

11. CORRESPONDENCE (D) ITEM

11.1 2016 ESEMP Annual Report, Brucejack Gold Mine Project, Pretivm Resources Inc. was presented.

12. SUPPLEMENTAL ITEMS APPROVED FOR DISCUSSION

None.

13. OTHER/NEW BUSINESS

13.1 PORTLAND LOO R17.075 Atrill/Brienesse THAT Council approves paying the full amount of $195,000, for installation of a downtown Portland Loo, with the funding source to be the Town's Gas Tax funds.

R17.076 Brienesse/Wray THAT a decision on Motion R17.075 be postponed to the February 28, 2017, Regular Meeting of Council. OPPOSED: COUNCILLOR ATRILL. CARRIED.

14. PUBLIC QUESTION PERIOD

14.1 I. OEVERMANN I. Oevermann suggested that: a) electric vehicle chargers be located at Riverside Park or on the wall at CityWest; and b) one of the Fourth Avenue garbage receptacles be moved to the Roi Theatre bus shelter.

Page 15 of 16

REGULAR - FEB 14 Page 21 of 204 Agenda Item # 3.1

Minutes of the Regular Meeting of Council held on Tuesday, February 14, 2017, at 6:30 p.m.

15. ADJOURNMENT

R17.077 Atrill/Browne THAT the Regular Meeting of Council be adjourned (10:14 p.m.). CARRIED.

Taylor Bachrach Anne Yanciw Mayor Chief Administrative Officer

Certified a True and Correct Copy of the minutes of the Regular Meeting of Council held Tuesday, February 14, 2017, at 6:30 p.m. in the Council Chambers, 1027 Aldous Street, Smithers, B.C.

Dianna Plouffe Corporate Officer

Page 16 of 16

REGULAR - FEB 14 Page 22 of 204 Agenda Item # 3.2

TOWN OF SMITHERS

MINUTES OF THE SPECIAL OPEN MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, 1027 ALDOUS STREET, SMITHERS, B.C. ON TUESDAY, FEBRUARY 14, 2017, AT 5:00 P.M.

Council Present: Staff Present: Taylor Bachrach, Mayor Anne Yanciw, Chief Administrative Officer Gladys Atrill, Councillor Mark Allen, Director of Development Services Phil Brienesse, Councillor Jane Stevenson and Penny Goodacre, Recording Secretary. Greg Brown, Councillor Shelley Browne, Councillor Staff Excused: Bill Goodacre, Councillor Dianna Plouffe, Director of Corporate Services Frank Wray, Councillor. Leslie Ford, Director of Finance Keith Stecko, Fire Chief Rob Blackburn, Airport Manager Roger Smith, Director of Works and Operations. Media Present: None.

1. CALL SPECIAL OPEN MEETING TO ORDER

1.1 Mayor Bachrach called the Special Open Meeting to order (5:03 p.m.).

2. APPROVAL OF AGENDA

2.1 Atrill/Wray S17.031 THAT Council approve the February 14, 2017, Special Open Meeting of Council agenda. CARRIED.

3. MOVE TO CLOSED MEETING

3.1 Atrill/Wray S17.032 THAT pursuant to Section 127 of the Community Charter, Council waive notice of an amendment to the Special Open Agenda by adding: 1) One item for consideration falling under Section 90.1.(g): litigation or potential litigation affecting the municipality. CARRIED.

SPECIAL OPEN - FEB 14 Page 23 of 204 Agenda Item # 3.2

Minutes of the Special Open Meeting of Council held on Tuesday, February 14, 2017, at 5:00 p.m.

3. MOVE TO CLOSED MEETING

3.2 Atrill/Wray S17.033 THAT pursuant to Section 90 of the Community Charter, this Special Open Council Meeting be closed to the public because discussions will cover the following (5:04p.m.):

1) One item for considerations falling under Section 90.1 (c): Labour relation or other employee relations.

2) One item for consideration falling under Section 90.1 (e): The acquisition, disposition or expropriation of land or improvements, if council considers that disclosure could reasonably be expected to harm the interests of the municipality.

3) One item for consideration falling under Section 90.1 (k): Negotiations and related discussions respecting the proposed provision of a municipal service that are in the preliminary stages and that, in the view of council, could reasonably be expected to harm the interests of the municipality if they were held in public.

4) One item for consideration falling under Section 90.2 (b): The consideration of information received and held in confidence relating to negotiations between the municipality and a provincial government or the federal government or both, or between a provincial government or the federal government or both and a third party. CARRIED.

4. RECESS SPECIAL OPEN MEETING

4.1 Atrill/Wray S17.034 THAT Council recess the Special Open Meeting of Council until after the February 14, 2017, Regular Meeting of Council (6:21 p.m.). CARRIED.

5. RECONVENE SPECIAL OPEN MEETING AND MOVE TO CLOSED

5.1 Wray/Browne S17.035 THAT the Special Open Meeting of Council be reconvened (10:26 p.m.);

AND THAT Council move into the Closed Meeting. CARRIED.

SPECIAL OPEN - FEB 14 Page 24 of 204 Agenda Item # 3.2

Minutes of the Special Open Meeting of Council held on Tuesday, February 14, 2017, at 5:00 p.m.

6. RECONVENE SPECIAL OPEN MEETING

6.1 Wray/Brown S17.036 THAT Council reconvene the Special Open Meeting of Council (11:23 p.m.). CARRIED. 7. ADJOURNMENT

7.1 Wray/Brown S17.037 THAT Council adjourn the Special Open Meeting of Council (11:23 p.m.). CARRIED.

Taylor Bachrach Anne Yanciw Mayor Chief Administrative Officer

Certified a True and Correct Copy of the minutes of the Special Open Meeting of Council held Tuesday, February 14, 2017, at 5:00 p.m. in the Council Chambers, 1027 Aldous Street, Smithers B.C.

Dianna Plouffe Corporate Officer

SPECIAL OPEN - FEB 14 Page 25 of 204 Page 26 of 204 Agenda Item # 4.2

EGEIVE ,,1 Sfriithevt sEP ! 2 2fi6 DELEGATION TO COUNCIL Town of Smllhcrr

Your completed delegation form, and any other written documentation you wish to provide, is required by Tuesday, the week prior to the Council Meeting to ensure that it is included in Council's agenda packages. This allows Council time to review the subject matter prior to your in-person presentation and allows you to focus on the highlights. Please deliver in person or fax to 250-847- 1601.

Regular Council Meetings are held the second and fourth Tuesday of the month in the Council Chambers at 1027 Aldous Street. Meetings start at 6:30 p.m. and doors open at 6:15 p.m. Delegations take place near the start of the meetings.

Maximum presentation time is 5 minutes followed by an opportunity for a question and answer period lead by Council. lf you are making a PowerPoint presentation (Windows Environment), please drop it off on a memory stick prior to 4:00 p.m. on the day of your presentation. A hardcopy, for the recording secretary's use, is appreciated.

( Name of presenter(s) Yn- !- C (4wt-a*s- S{¿u. 4 'tw f /) Organization: RV o---4 K,e-*s c \, e

Phone No: 25Õ8¿e7 Fax: Email:() tieu^-<-.^-t Ç."!- e t rr-acl Q-¿u (u_ - Subject matter: .,t lq-b Õc_ (Ðu\ -- arr- =( r-.) a n- €. Ae rJ r-4-L *- --u{ e-SC u bu .A UL

e -'u -l- €o. ì ( ¿ €¿

Specific request of Council (if any), i.e. letter of support, donations, etc. (tt is Council's meeting.) tl Dir/Ðs r_t DidFrN u lþen Daie: DiriCS U DirÂNO n Bldg lns El ln-Canl Date

lli n Rec. Coord. IJ Air Mgr Ë PCSO Ë Other:

'l Date of Application: 5 f? zot6 sEP 2 2t16

Signature of Applicant: L *Date -) of Council Meeting at which you wish to be a delegation: OV Ál' ¿-+ (lf the requested date is not available you will be contacted to select another date) tÇbty'¡ Your personal information is maintained in accordance with the Freedom of lnformation and Protection of Privacy Act. lf you have any Q/l? questions regarding the use of your personal information, please call the Director of Corporate Services for the Town at 250-847-i 600

\\server\pccommon\wordpro\forms\admin\delegation to council.docx 5t19116

ITEM 5.1 - FEB 14 - BVSAR Page 27 of 204 Agenda Item # 4.2

e"lq mE,GEilwfü JUL 2 2 7t16

Town o{ 8mlürrr

July 22,2016

Taylor Bachrach Mayor Town of Smíthers

Dear Mayor Bachrach and Council members;

Re: Site for new comoret¡ensive Search and Rescue facilitv

As yourself and council are aware from previous presentat¡ons to Council by Bulkley Valley Search and Rescue (BVSAR), we have been actively providing volunteer First Responder Ground and lnland Water Search and Rescue servìces in Smithers and the Bulkley Valley since the early 1-990's. Our callout volume has been steadily increasing over the years, and peaked in 2015 with a record 33 calls to which we responded. Trends for other SAR groups across the Province are similar, and callout volumes are expected to continue to íncrease.

BVSAR is a not for profit volunteer society registered under the Societies Act. Our maín funding sources are through the BC Gaming Commission grant process, and also through donations from businesses, foundations and individuals. As our callout volume íncreases, we have kept pace with an ever increasing level of sophistication, equipment, and trainíng. We are very grateful to the Town of Smíthers for the assistance that we have received over the years with the office and storage facílity at the Ranger park building and storage at the old highways maíntenance yard on Main Street, as well as for support from the Town ín many other ways.

Our challenge now is that we have outgrown our existing facilities. We no longer have enough storage space for our vehicles, nor for our ever increasing amount of rescue gear. We are currently ín a situation where vehicles and gear are stored at individual members' homes, which presents many challenges, both for ongoing maintenance, and most importantly, response time. Additíonal challenges we face are security of our assets, and our overall functionality as an effective emergency First Responder Team CAO Ü Dir/Ds ¡ Dir/FlN tr Agen Date ¡1t¿,t sz /t L D¡r/CS n DiriWO D Bldg lns tr ln€am Adnlin Asst. Ü Fire D Planner X Agenda Placemenl: Rec. Coord, tr Arr f/or tr PÇ9A tl Qihen

ITEM 5.1 - FEB 14 - BVSAR Page 28 of 204 Agenda Item # 4.2

3/¿/

ln order to decrease our response time and to make BVSAR a more effective First Responder organízation, we need to consolídate all of our vehicles, equipment, office and meeting space, and training facilities under one roof in a central location in Smithers. Our biggest challenge in doing so has always been funding, as we are a non-profit society and cannot use our main funding source for capital expenses such as the construction of a building.

ln late 20L5, the Province of BC recognized the needs of SAR groups around the Prov¡nce, and provided one time funding for the years 2016 and201-7, which BVSAR can use for capital construction purposes. BVSAR has been saving funds (where allowed) for well over a decade in anticipation of this need. With the recent 2 year cash injection from the Prov¡nce, we are within reach of being able to fund the constructíon of a new building that would meet our current and future needs. We are currently in the process of a full cost accounting of what such a facility would cost.

Prior to making a final investment decision, BVSAR would like an indication from the Town of Sm¡thers as to what arrangements can be arrived at with respect to a permanent location for such a facility, the status of the land upon which such a facility would be built, and further arrangements as to ongoing operating and maintenance costs. Our ideal location would be directly adjacent to (north of) the current Ranger Park building. This location is central, which is a key consideration for ús, as many of our members live out of town and converging to a centra¡ location results in a much faster and more efficient response to callouts. A new Ranger Park SAR facility also has great potentialto assist in centralizing emergency services, and could see significant use from other agencies such as Air Search and Rescue, Amateur radio club, regional SAR training and potential use, and Emergency Social Services. Such a facility would also be of invaluable support for an alternate town location for the Emergency Operations Center. There may even be potential to combine funding sources among different agencies and groups to contr¡bute toward the ongoing costs of a comprehensive facility. This location is also ideal for communications as it is the highest point in town, and a new BVSAR facility could potentially house an emergency power generation system for the town in the event of widespread power outage, to ma¡ntain essent¡al communication services. There are multiple opportunities that we see to combine our efforts with other agencies and providers and the Town of Smithers, to create an effective working model for a comprehensive Emergency Response and Operations Center in Ranger Park.

BVSAR executíve would like to initiate detailed discussions with the Town of Smithers. We are currently preparing a comprehensive presentation that we will be bringing forward to Council in early fall of this year. Time is of the essence for us, as a major fundraising effort will have to be launched, and construction will need to be substantially completed pr¡or to the expiration of our funding opportunity from the Province, at the end of March, 2018. We would be happy to answer any initial quest¡ons you may have, and we are more than willing to work with the Town of Smithers and different service providers to arrive at a mutually acceptable arrangement.

ITEM 5.1 - FEB 14 - BVSAR Page 29 of 204 Agenda Item # 4.2

,11

Please schedule BVSAR fon a presentation to Town Council on October t1,,2OL6.

Thank you for your prompt attention to this matter, and we look forward to present¡ng to Counc¡l

Sincerely

Fred Oliemans President Bulkley Valley Search and Rescue

O I ie ma nsfred 6 1 @ema il.corn 250-877-3224

cc Anne Yanciw, Chief Administrative Officer, Town of Smithers

Mark Allan, D¡rector of Development Serv¡ces, Town of Smithers

BVSAR Executive members

BVSAR Search Managers

ITEM 5.1 - FEB 14 - BVSAR Page 30 of 204

Page 31 of 204 of 31 Page ITEM 5.1 - FEB 14 - BVSAR - 14 FEB - 5.1 ITEM

SIXTEENTH AVENUE SIXTEENTH 3736 Asphalt Surface TITLE: RANGER PARK CONCEPT PLAN SEARCH AND RESCUE BUILDING

Plan 12656

PRINCESS STREET

Gravel Surface 60 Feet 60

65 Feet

Plan PRP13670

Parcel A SCALE: FILE NAME: APPROVED BY: DRAWN BY:

NTS

LAB Park\Search and Rescue Proposed.dwg O:\ENGINEERING\PROJECTS\2017\Search and Rescue - Ranger MAF

1992 DATE: DATE:

2017/02/22 2017/02/22 Agenda Item # 4.2 # Item Agenda Page 32 of 204 Agenda Item # 5.1

Sifiithe 0530-05

DELEGATION TO COUNCIL

Regular Council Meetings are held the second and fourth Tuesday of the month in the Council Chambers at 1027 Aldous Street. Meetings start at 6:30p.m. and doors open at 6:15 p.m. Delegations take place near the start of the meetings.

Name of presente(s) Brent Berezowski organization: EFC Developments Ltd

Phone No 587-229-6553 Fax: Email: [email protected]

Subject matter:yyD Aviation Landing partnership at Smithers Airport

Specific request of council (if any), i.e. letter of support, donations, etc. (lt is Council's practice to defer any decisions untilthe fotlowing Councit meeting.)

Date of Apptication: Februa ry 21 , 2017

Signatu re of Applicant: "Date of Council Meeting at which yo to be a delegation: February 28 tZatq- (lf the requested date is not available you contacted to select another date)

Your personal information is maintained in accordance with the Freedom of tnîormat¡on and Protectíon of Privacy Act. 11 yov have any questrons regarding the use of your personal information, please call the Director of Corporate Services for the Town at25O-847- 1600.

\\server\pccommon\wordpro\forms\admin\delegation to council.do cx 7!8116

EFC DEVELOPMENTS LTD. Page 33 of 204 Page 34 of 204 Agenda Item # 5.2

JÊN-e3-aØ17 Ø4:ISP FROI4:NI^ICCSU LOCÊL66 CFS e5ø6385436 Tû:91Ê5Ø8471É]ØI

0530-05 Striithevi r o N I L Ð ç.t- H "GAr ro. .ç_g-v,h¡ c Your completed delegation form, and any other written documentation you wish to provide, is required by Tuesday, the week prior to the Council Meeting to ensure that it is included in Council's agenda packages. This allows Council time to review the subject matter prior to your in-person presentation and allows you to focus on the highlights. Please deliver in person or fax to 250-847- 1 601.

Regular Council Meetings are held the second and fourth Tuesday of the month in the Council Chambers al 1027 Aldous Street. Meetings start at 6:30p.m. and doors open at 6:15 p.m. Delegations take place near the start of the meetings.

Maximum presentation time is 5 minutes followed by an opportunity for a question and answer period lead by Council. lf you are making a PowerPoint presentation (Windows Environment), please drop it off on a memory stick prior to 4:00 p.rn. on the day of your presentation. A hardcopy, for the recording secretary's use, is appreciated.

Name of presenter(s): Le-:'ào Ítì--o"r¿{

Organization: {9< l^./ L (vllh4ád\ r a- $st L..Ln r*¡c"n

- É't Ph one No I W F ax. I - z I o Lt I' 3 6 E ma i I : ô c,ad-Íe( 6 ño <*Á w es+t þÅ æ,*ç, c&u Subject matter: t'l'r/ ,(rt,r-(þ /3a-s,t- ?Þ13 ?ce.n.o'- (Åa

Signature of Applicant;

*Date of Council Meeting at which you w¡sh to be a delegation tr<¡ 2 b/7 (lf the requested dafe ls not avaílable you will be contacted to select another date),

Your personal information is maintainEd in accordance with the Fraedom oî Informatlon and Protectlon ol Prlvacy Act lf you have any questlons regardlng the use of your personal ¡nformat¡on, please call the Director of Corporate Servlces for the Town at 250-647-1600.

\lserveilpccommon\wordpro\foms\admin\dolegalion to council.docx 7/8/16

NWCC STUDENTS' UNION Page 35 of 204 Agenda Item # 5.2

Llt

Details of Request: Northwest Community College Students' Union, in conjunction with the British Columbia Federation of Students, are requesting to present a motion and presentation to council seeking an endorsement for our campaign Don't Close the Doors. This campaign aims to appeal to the British Columbia Provincial Government to reinstate the funding to Adult Basic Education programs at post secondary institutions.

Background:

Adult Basic Education, which until recently included tuition-free secondary school level courses, assists many residents of Smithers, including new immigrants, single parents, and young workers who didn't fînish high school.

Adult Basic Education is essential in helping people to access post-secondary school, qualify for skills and trades programs, and realize careers that pay a living wage.

In December 2014, the Province of British Columbia reversed its policy to offer free basic education to aduhs. As of January 1,2015, colleges and universities can charge for secondary school classes and as ofMay 1,2015 school districts are no longer be able to offer classes to high school graduates who would like to take classes to upgrade their marks or take classes to further their study or work.

Motion:

Be it resolved that the BC Federation of Students' campaign to save adult basic education Don't Close the Doors be endorsed and;

Be it further resolved that Council requests the Mayor to write a letter to Minister Andrew Wilkinson stating support for Adult Basic Education and requesting the Ministry to reinstate funding for Adult Basic Education programs and tuition fees be abolished on the programs and;

Be it further resolved that the lettsr be copied to the BC Federation of Students and the Northwest Community College Students'Union.

t!ffEc I a bcfs

Northwest Community College Students' Union British Columbia Federation of Students British Columbia Federation of Students - Local 14 202 -1055 West Broadway P.O. Box 76 Vancouver, BC Terrace, BC V6H 182 v8G 4A2 Phone: 604-733-1880 Phone: 250-638-5458 [email protected] Fax: 250-638-5436 Email: [email protected]

NWCC STUDENTS' UNION Page 36 of 204 Agenda Item # 5.3

t// {HJ*çHßVEå 30-05 siäît]ne:fjåñ FEg ? I 1"::?

DELEGATI N L

Name of presenter(s S¡" o rtlaYL9 LLL t-,,ú 6 ¿ *ì6Ç{ () J ¡ /'/t *-utSvri"S- F/€ f¿+ t':-Z/

S¡e4jOø-g Ñe{,--s <,ffi{r\/< k^¿ r-:b"t j ynJet 7/-> ..Å,,+níln/{,tvt- éa;s'

Specific request of Counci! (if any), i.e. letter of sr..rpport, donations, etc. (lt is Council's practice to defer any decisíons until the following Council meeting.) @qð c-z * ¿t {€"r7-<--ñ ,7\} J' {C*t¡çð{ o 1.4j" /) 4ns 4s r f<_{-u^ {J {¿('+"¿cet¿ Ø ¡}

Ç, r'? t 7-( ü€'rS i/'\ Date of Application a-/

Signature of Applicant

*Date of Council Meeting at which sh to be a delegatíon {"&< ,;&'/:z-e;, 7 (lf the requested date is not available you will be contacted to select another date).

Your personal information is maintained in accordance with the Freedom of lnformatÍon and Protection of Privacy Ácf. lf you have any questions regarding the use of your personal information, please call the Director of Corporate Services for the Town at 250-847-1600.

û40 i,I lllir,Ð$ I i ¡ti¡¡,1¡¡ Ìi Aqe¡¡i;¿1sl ,fr'lr. :*:itl \\server\pccommon\wordpro\forms\admin\delegation to ilir,'WO I I irts I i "orn"',.0þn5 llrk: Ìn C,lrn ü¡¡te ,1,,r,¡¡jr¡.i\,;,;i i I l:-ile I i r:llarr::'?i' ..:,;¡ir'ì1.rj¿1 ri,1r1,e

,?ct-: Coori i .l :ìi l,.ilül r ì iji l!r) :. i 1. ':lìi:í

SMITHERS LUMBER YARD & CHAMBER Page 37 of 204 Page 38 of 204 Agenda Item # 5.3

From: Heather Gallagher [mailto:[email protected]] Sent: February-21-17 2:22 PM To: Anne Yanciw Subject: RE: delegation to council

The Chamber is supporting Smithers Lumber Yard in its appeal to council to not enforce the banner sign regulaton that they received a letter about. I believe around eight businesses received a letter asking them to comply with the by-law. There may be a couple other businesses that will come and speak as well. The Chamber will speak in support of Smithers Lumber Yard. As to the other businesses that aren’t in compliance and have received the notice, BV Wholesale, whose sign was up for around five years, has complied by removing the sign even though they had to hire a bucket truck to remove the sign due to the icy conditions and time of year that the request for compliance was issued. The would have preferred, of course, that the letter of enforcement was not issued as they believe their banner conveyed that they supported local. I believe Mountainview has or is complying by removing its sign Boston Pizza will comply but isn’t in favour of the new regulation of filling out a permit and pay each time they change their temporary banner sign to reflect the various promotions they’re involved in. Prior to the new by-law they didn’t have to take on the task of applying for and paying for a permit - as didn’t Harley Davidson, who is authorized to put up signage supplied by their franchise on a consistent basis. All other franchise dealers will fall into this as well, like Trails North, Evergreen to name a couple, Sears etc. Many of these businesses are mandated, under their franchise agreements, to fly promotional material as supplied by the companies they’re involved with and the additional time and effort to permitting is onerous. Even though a business owner on the committee was committed to and believes in many aspects of the new signage by-law it was mentioned that, perhaps the committee didn’t think it through enough when it came to imposing permitting costs especially now that the instances of sales, promotional obligations to franchises etc. are voiced and the onerous expectations to businessowners is made apparent. Smithers Lumber Yard’s many signs are provided by sponsor companies that provide the signs to reflect the product lines offered at the lumber yard. This signage comes with sponsorship money that Smithers Lumber, in turn, uses to fund community groups in fundraising efforts. Smithers Lumber Yard may be one of the most generous sponsors in town in providing material and building products to new projects like outdoor skating rinks, skateboard parks, etc. I believe a lot of time and effort on behalf of the Town and Council was dedicated to this by-law in hopes that it would have a guideline for businesses in future. Banner signs aren’t the most attractive

SMITHERS LUMBER YARD & CHAMBER Page 39 of 204 Agenda Item # 5.3

signs to reflect Smithers’ image and it’s good that many of the businesses who received the request to remove signage, while not enjoying receiving the enforcement letter, are going to comply. The Chamber will support its members for the reason that it was our understanding that the survey question put to community members and replyed to by around 400 residents, supported that enforcement of the bylaws would be triggered by a complaint and not vigorously targeted. Timing of this, in the wake of recent attention to Smithers wasn’t the best. The Chamber has been impressed with Council’s commitment to revising parking regulations that will enhance the opportunity for downtown investment. Council and Town staff have been trying very hard to do the best job possible for its residents and has taken many positive steps to be engaging to community members in addressing business issues. We appreciate, as well, Council and staff’s decision to raise the trigger for development policies from $75,000 to $100,000. The Chamber had requested this and the Town reacted very fast in making this happen. The Chamber, at its Director’s meeting last week, discussed the Federation of Independent Business and will be writing a letter to that organization extolling the virtues of our community (and opportunities for business) as we are, and always will be, cheerleaders for the many positive aspects of our Town and certainly didn’t appreciate the national attention this brought. Anne, thanks to you and your staff for the tremendous amount of work you do for the betterment of our community. Cheers Heather Manager, Smithers District Chamber of Commerce [email protected] 250-847-5072

SMITHERS LUMBER YARD & CHAMBER Page 40 of 204 Agenda Item # 6.2.1

TOWN OF SMITHERS

MINUTES OF THE FINANCE COMMITTEE MEETING HELD IN THE COUNCIL CHAMBERS, 1027 ALDOUS STREET, SMITHERS, B.C. ON TUESDAY, FEBRUARY 7, 2017, AT 12:30 P.M. Council Present: Staff Present: Phil Brienesse, Councillor/Chair Anne Yanciw, Chief Administrative Officer Taylor Bachrach, Mayor Leslie Ford, Director of Finance Gladys Atrill, Councillor Mark Allen, Director of Development Services Greg Brown, Councillor Keith Stecko, Fire Chief Shelley Browne, Councillor Roger Smith, Director of Works and Operations Bill Goodacre, Councillor. Penny Goodacre, Recording Secretary.

Council Excused: Staff Excused: Frank Wray, Councillor. Dianna Plouffe, Director of Corporate Services Rob Blackburn, Airport Manager. 1. CALL TO ORDER

Councillor Brienesse, Chair, called the meeting to order (12:33 p.m.).

2. APPROVAL OF AGENDA (including Supplemental Items)

2.1 Bachrach/ THAT the Finance Committee approves the February 7, 2017, Finance Committee agenda and the following supplemental agenda item:

3.3.1 Report DEV 17-006 dated February 6, 2017, from M. Allen, Director of Development Services, providing potential cost savings for limiting pavement centerline markings on Residential streets (5460-07). CARRIED.

3. CORRESPONDENCE / REPORTS

3.1 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND GENERAL TAX REVENUE Report FIN 17-01 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, General Tax Revenue, and the following attachments were presented: a) General Operating Fund Overview; and b) General Property Tax Revenue Changes (1610-01).

This section was completed during the January 31, 2017, Finance Committee meeting.

Page 1 of 11

FINANCE - FEB 7 Page 41 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.2 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND RECREATION/CULTURE The following correspondence was presented:

3.2) Report FIN 17-02 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Recreation/Culture;

3.2.1) Smithers Public Library requesting combined Regional District and Town of Smithers operating funding 2017 in the amount of Scenario #1 = $310,926; or Scenario #2 = $334,499; or Scenario #3 = $337,224;

3.2.2) Bulkley Valley Historical and Museum Society requesting combined Regional District and Town of Smithers 2017 operating funding in the amount of $78,700;

3.2.3) Smithers Gallery Association requesting combined Regional District and Town of Smithers 2017 operating funding in the amount of $44,752;

3.2.4) Bulkley Valley Community Arts Council requesting combined Regional District and Town of Smithers 2017 operating funding in the amount of $4,000; and

3.2.5) Report FIN 17-19 dated January 26, 2017, from L. Ford, Director of Finance, regarding summer ice and arena fees; and following attachments: 1) Spreadsheet showing past and proposed recovery rates of the arenas; 2) Letter from Isaac Davies; and 3) Letter from Minor Hockey.

This section was completed during the January 31, 2017, Finance Committee meeting.

3.3 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND TRANSPORTATION/TRANSIT Report FIN 17-03 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Transportation/Transit, was presented (1610-01).

Page 2 of 11

FINANCE - FEB 7 Page 42 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.3 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND TRANSPORTATION/TRANSIT continued

3.3.1 TRAFFIC MARKING BUDGET Report DEV 17-006 dated February 6, 2017, from M. Allen, Director of Development Services, providing potential cost savings for limiting pavement centerline markings on Residential streets (5460-07).

Bachrach/ THAT the Finance Committee recommend to Council that Council approve removing the yellow centerline pavement markings from residential streets for 2017, and future, annual line painting program, except for 30 metres up from stop bars;

AND THAT the Finance Committee recommend to Council that Council direct Staff to prepare a Traffic Marking Policy by the summer of 2017. CARRIED.

Bachrach/ THAT the Finance Committee recommend to Council that Council remove $3,000 from the Materials and Supplies section of the Traffic Marking subsection of the Transportation Budget.

Atrill/ THAT the above motion be amended by replacing "$3,000" with "$2,500". CARRIED.

The main motion, as amended, was voted on with the final wording being as follows:

THAT the Finance Committee recommend to Council that Council remove $2,500 from the Materials and Supplies section of the Traffic Marking subsection of the Transportation Budget. CARRIED.

Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Transportation and Transit, as amended. CARRIED.

Page 3 of 11

FINANCE - FEB 7 Page 43 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.4 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND GARBAGE COLLECTION AND RECYCLING Report FIN 17-04 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Garbage Collection and Recycling, was presented (1610-01).

This section was completed during the January 31, 2017, Finance Committee meeting.

3.5 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND CEMETERY OPERATIONS Report FIN 17-05 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Cemetery Operations, was presented (1610-01).

This section was completed during the January 31, 2017, Finance Committee meeting.

3.6 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND DEVELOPMENT SERVICES, ECONOMIC DEVELOPMENT, AND TOURISM Report FIN 17-06 January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2016-2020 Operating Budget General Fund, Development Services, Economic Development, and Tourism, was presented (1610-01).

SMITHERS DISTRICT CHAMBER OF COMMERCE CONTRACT BUDGET Councillor Atrill declared at conflict of interest, as a tourism provider for the Smithers District Chamber of Commerce, and left the Chambers (1:08 p.m.).

Brienesse/ THAT the Finance Committee recommend to Council that Council approve the 2017 contract increase for the Smithers District Chamber of Commerce, to be funded by unallocated Northern Development Initiative Economic Development Funds Grant. CARRIED.

Bachrach/ THAT the Finance Committee recommend to Council that Council approve the 2017-2021 Operating budget for Development Services, Economic Development and Tourism, as amended. CARRIED. Councillor Atrill returned to the meeting (1:19 p.m.).

Page 4 of 11

FINANCE - FEB 7 Page 44 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.7 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND GENERAL GOVERNMENT Report FIN 17-07 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 General Operating Fund, General Government, was presented (1610-01).

The General Government operating budget category is comprised of the following: a) Legislative (Council); b) Administration/Finance and IT; and c) Town Office Building and General Costs.

COMMUNITY ENERGY ASSOCIATION MEMBERSHIP Browne/ THAT the Finance Committee recommend to Council that Council rescind the membership to the Community Energy Association. OPPOSED: COUNCILLORS ATRILL, DEFEATED. BRIENESSE, BROWN, BROWNE, AND MAYOR BACHRACH.

Browne/ THAT the Finance Committee recommend to Council that Council approve the 2017-2021 Operating budget for General Government as amended. CARRIED.

3.8 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND PROTECTIVE SERVICES Report FIN 17-08 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Protective Services, was presented (1610-01).

The Protective Services operating budget category is comprised of the following: a) Fire Department; b) Emergency Services; c) Bylaw Enforcement/Animal Control; and d) Building Inspection.

Bachrach/ THAT the Finance Committee recommend to Council that Council allocate $2,000 into the 2017 Emergency Social Services Budget instead of the recommended $3,945;

AND THAT Council allocate an additional $2,000 into the 2018 Emergency Social Services Budget. CARRIED.

Page 5 of 11

FINANCE - FEB 7 Page 45 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.8 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND PROTECTIVE SERVICES continued

Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Protective Services, as amended. CARRIED.

Councillor Brienesse called for a short recess (2:04 p.m.) and reconvened the meeting (2:15 p.m.).

3.9 DRAFT 2017-2021 OPERATING BUDGET - GENERAL FUND DEBT PAYMENTS, OTHER REVENUE, MISCELLANEOUS TRANSFERS TO SURPLUSES OR RESERVES Report FIN 17-09 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Operating Budget General Fund, Debt Payments, Other Revenue, Miscellaneous Transfers to Surpluses or Reserves, was presented (1610-01).

Atrill/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Annual Debt Payments, Other Revenue and Miscellaneous Transfers to Surpluses or Reserves, as presented. CARRIED.

3.10 DRAFT 2017-2021 RCMP OPERATING FUND The following correspondence was presented:

3.10) Report FIN 17-10 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 RCMP Operating Fund; and

3.10.1) Smithers RCMP Auxiliary requesting 2017 operating funding in the amount of $7,600.

Page 6 of 11

FINANCE - FEB 7 Page 46 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.10 DRAFT 2017-2021 RCMP OPERATING FUND continued RCMP expenses represent the largest expense group within the Town’s total operating budget. Total 2017 RCMP municipal expenses within the proposed 2017 budget are $1,845,623 and total RCMP municipal fees and non-tax revenue are budgeted to be $99,000, leaving a net amount to be raised through taxation of $1,746,623. The RCMP Municipal operating fund is comprised of the per member costs (as notified by the Province) for 9 municipal members, the contract prisoner expense and LAN costs, wages and benefits for 2 RCMP office clerks, 1 court liaison position and one third of the Community Prevention and Safety Officer (in his capacity of community police officer and RCMP Auxiliary) and payments to the RCMP Auxiliary. Overall the RCMP Operating budget, as presented, reflects a net $127,451 addition in RCMP Tax revenue, or a RCMP tax increase over the previous year. A large percentage of the increase is based on there not being a transfer from RCMP surplus within the RCMP budget ($82,062). The remainder of the increase pertains to increased RCMP contract costs and increase in union wages/benefits. The RCMP operating surplus at the end of 2016 is projected to be $391,458 as a result of being billed for less than 9 members through the year.

SMITHERS RCMP AUXILIARY GRANT-IN-AID REQUEST Bachrach/ THAT the Finance Committee recommend to Council that Council approve 2017 funding to RCMP Auxiliary in the amount of $7,600. CARRIED.

RCMP OPERATING SURPLUS AND TAX LEVY: Bachrach/ THAT the Finance Committee recommend to Council that Council approve the use of the RCMP Operating Surplus in the amount of $127,451 to be used to reduce the presented 2017 RCMP Tax levy;

AND THAT Council approves a 2017 RCMP Tax Levy of a 0% (zero percent) increase over the 2016 RCMP Tax Revenue. CARRIED.

Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 RCMP Operating Budget, as amended. CARRIED.

Page 7 of 11

FINANCE - FEB 7 Page 47 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.11 DRAFT 2017-2021 AIRPORT OPERATING FUND Report FIN 17-11 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Airport Operating Fund, was presented (1610-01).

The total 2017 Airport expenses within the proposed 2017 budget are $1,303,628 and total Airport Fees and Charges revenue are budgeted to be $1,755,710. Airport revenue includes the additional $10 Airport Improvement Fee revenue that is then transferred to the Airport Infrastructure reserve, totaling an estimated $310,000. There is a budgeted use of Airport Surplus for Airport special projects in the amount of $10,000.

The Airport revenue budgets have been decreased due to less landing and terminal fee revenue and less commission revenue from the sale of aircraft fuel. This year the budgeted net operating “deficit” at the Airport is projected to be $15,418.

The Airport Operating Surplus is projected to have a balance of $971,508 at the end of December 31, 2017.

Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Airport Operating Budget, as presented. CARRIED.

3.12 DRAFT 2017-2021 UTILITY OPERATING FUND Report FIN 17-12 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Utility Operating Fund, was presented (1610-01).

The Utility Surplus balance is projected to be $1,093,918 at the end of December 31, 2017.

Brown/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Utility Operating Budget, as presented. CARRIED.

Page 8 of 11

FINANCE - FEB 7 Page 48 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.13 DRAFT 2017-2021 FLEET MAINTENANCE FUND Report FIN 17-13 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Fleet Maintenance Fund, was presented (1610-01).

The Fleet Internal revenue is projected to increase as a result of increased internal equipment budgets within the Fire Department, Utility Fund and the Airport Fund.

The net amount to Transfer to regular Machinery and Equipment Replacement Reserve is larger than past year’s due to no reallocations to the Facility Capital or the Recreation Facilities reserves, which ceased as of 2016.

Browne/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Fleet Maintenance Operating budget, as presented. CARRIED.

3.14 DRAFT 2017-2021 CONSOLIDATED OPERATING BUDGET: CONSOLIDATED EXPENSES AND CONSOLIDATED REVENUE Report FIN 17-14 dated January 9, 2017, from L. Ford, Director of Finance, regarding the draft 2017-2021 Consolidated Operating Budget: Consolidated Expenses and Consolidated Revenue, was presented (1610-01).

The 2017 Consolidated Operating expenses as in the presented draft budget total $11.9M. The largest of the expense departmental categories is that of the municipal RCMP at 12.9%. In terms of types of expenses, the largest expense type category relates to wages and benefits at 42.3%. The Consolidated Operating Revenue is comprised of the following: a) property taxation; b) operating grants; c) fees and charges; and d) other grants. There has been a decrease in the overall operating fees and charges budgets, due to reductions in the 3% Franchise fee revenue from Pacific Northern Gas, reduced Recreation and Culture revenue (arena and preschool), and reduced Airport revenue budgets.

Page 9 of 11

FINANCE - FEB 7 Page 49 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

3.14 DRAFT 2017-2021 CONSOLIDATED OPERATING BUDGET: CONSOLIDATED EXPENSES AND CONSOLIDATED REVENUE continued In regards to the Operating grants there is a total increase in the consolidated grant revenue budget due to more revenue expected from the Regional District of Bulkley Nechako through the cost sharing agreement; and additional operating grants anticipated from the Union of British Columbia Municipalities. In comparison with other municipalities, Smithers remains low in General Government, Garbage Collection, and Water/Sewer Service Expenses on a per capita comparison. The Town is high on Protective Services expenses comparisons due to the RCMP contract costs.

4. OTHER BUSINESS / NEW BUSINESS

4.1 SUMMARY OVERVIEW L. Ford, Director of Finance, gave a summary overview of the 2017 Tax Revenue increases to date: General Municipal tax increase 3.41%; RCMP Municipal tax increase 0%; Road Capital tax increase 0%; Resulting Total Consolidated Municipal tax increase 2.2%.

4.2 ROAD CAPITAL PAVING BUDGET Brown/ THAT the Finance Committee recommend to Council that Council increase, throughout the 2017-2021 Five-Year Plan, the Road Capital Paving Budget by $50,000.

Brienesse/ THAT the above motion be amended by adding the wording "AND THAT the funds be designated for sidewalks." OPPOSED: COUNCILLORS ATRILL CARRIED. AND BROWNE.

Browne/ THAT the main motion be amended by replacing "$50,000" with "$25,000". OPPOSED: COUNCILLOR BRIENESSE. CARRIED.

Page 10 of 11

FINANCE - FEB 7 Page 50 of 204 Agenda Item # 6.2.1

Minutes of the Finance Committee Meeting held on Tuesday, February 7, 2017 at 12:30 p.m.

4.2 ROAD CAPITAL PAVING BUDGET continued The main motion, as amended twice, was voted on with the final wording being as follows:

THAT the Finance Committee recommend to Council that Council increase, throughout the 2017-2021 Five-Year Plan, the Road Capital Paving Budget by $25,000;

AND THAT the funds be designated for sidewalks. CARRIED.

L. Ford mentioned that the Total Consolidated Municipal tax increase would now become 2.63%.

5. ADJOURNMENT

5.1 Bachrach/ THAT the Finance Committee meeting be adjourned (3:59 p.m.). CARRIED.

Phil Brienesse Anne Yanciw Councillor/Chair Chief Administrative Officer

Certified a True and Correct Copy of the minutes of the Finance Committee meeting held Tuesday, February 7, 2017, at 12:30 p.m. in the Council Chambers, 1027 Aldous Street, Smithers, B.C.

Dianna Plouffe Corporate Officer

Page 11 of 11

FINANCE - FEB 7 Page 51 of 204 Page 52 of 204 Agenda Item # 6.2.2

MOTIONS ONLY FROM THE MINUTES OF THE FINANCE COMMITTEE MEETING HELD ON FEBRUARY 7, 2017, AT 12:30 P.M.

Motion 1: Bachrach/ THAT the Finance Committee recommend to Council that Council approve removing the yellow centerline pavement markings from residential streets for 2017, and future, annual line painting program, except for 30 metres up from stop bars;

AND THAT the Finance Committee recommend to Council that Council direct Staff to prepare a Traffic Marking Policy by the summer of 2017. CARRIED.

Motion 2: Bachrach/ THAT the Finance Committee recommend to Council that Council remove $2,500 from the Materials and Supplies section of the Traffic Marking subsection of the Transportation Budget. CARRIED.

Motion 3: Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Transportation and Transit, as amended. CARRIED.

Motion 4: Brienesse/ THAT the Finance Committee recommend to Council that Council approve the 2017 contract increase for the Smithers District Chamber of Commerce, to be funded by unallocated Northern Development Initiative Economic Development Funds Grant. CARRIED.

Motion 5: Bachrach/ THAT the Finance Committee recommend to Council that Council approve the 2017-2021 Operating budget for Development Services, Economic Development and Tourism, as amended. CARRIED. Motion 6: Browne/ THAT the Finance Committee recommend to Council that Council approve the 2017-2021 Operating budget for General Government as amended. CARRIED.

FINANCE - FEB 7 - MOTIONS ONLY Page 53 of 204 Agenda Item # 6.2.2

MOTIONS ONLY FROM THE MINUTES OF THE FINANCE COMMITTEE MEETING HELD ON FEBRUARY 7, 2017, AT 12:30 P.M.

Motion 7: Bachrach/ THAT the Finance Committee recommend to Council that Council allocate $2,000 into the 2017 Emergency Social Services Budget instead of the recommended $3,945;

AND THAT Council allocate an additional $2,000 into the 2018 Emergency Social Services Budget. CARRIED.

Motion 8: Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Protective Services, as amended. CARRIED.

Motion 9: Atrill/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Operating budget for Annual Debt Payments, Other Revenue and Miscellaneous Transfers to Surpluses or Reserves, as presented. CARRIED.

Motion 10: Bachrach/ THAT the Finance Committee recommend to Council that Council approve 2017 funding to RCMP Auxiliary in the amount of $7,600. CARRIED.

Motion 11: Bachrach/ THAT the Finance Committee recommend to Council that Council approve the use of the RCMP Operating Surplus in the amount of $127,451 to be used to reduce the presented 2017 RCMP Tax levy;

AND THAT Council approves a 2017 RCMP Tax Levy of a 0% (zero percent) increase over the 2016 RCMP Tax Revenue. CARRIED.

Motion 12: Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 RCMP Operating Budget, as amended. CARRIED. Motion 13: Bachrach/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Airport Operating Budget, as presented. CARRIED.

FINANCE - FEB 7 - MOTIONS ONLY Page 54 of 204 Agenda Item # 6.2.2

MOTIONS ONLY FROM THE MINUTES OF THE FINANCE COMMITTEE MEETING HELD ON FEBRUARY 7, 2017, AT 12:30 P.M.

Motion 14: Brown/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Utility Operating Budget, as presented. CARRIED.

Motion 15: Browne/ THAT the Finance Committee recommend to Council that Council approves the 2017-2021 Fleet Maintenance Operating budget, as presented. CARRIED.

Motion 16: Brown/ THAT the Finance Committee recommend to Council that Council increase, throughout the 2017-2021 Five-Year Plan, the Road Capital Paving Budget by $25,000;

AND THAT the funds be designated for sidewalks. CARRIED.

FINANCE - FEB 7 - MOTIONS ONLY Page 55 of 204 Page 56 of 204 Agenda Item # 6.5.1

TOWN OF SMITHERS

MINUTES OF THE FALL FAIR MANAGEMENT COMMITTEE MEETING HELD IN THE WEST FRASER ROOM, 1027 ALDOUS STREET, SMITHERS, B.C. ON THURSDAY, FEBRUARY 9, 2017, AT 12:00 P.M.

Committee Members Present: Mark Bandstra, Chairperson Ian Lawson, B.V. Exhibition Appointee Charlie McClary, B.V. Exhibition Appointee Councillor Bill Goodacre, Town Representative Cathryn Olmstead, Town Representative.

Advisory Present: Mark Allen, Director of Development Services Janice McKay, Recording Secretary Jan McClary, BV Exhibition Coordinator.

Observers: Leah Germain, Northern Saddle Club Erin Rowsell, Northern Saddle Club Lois Taylor, 4H.

1. CALL TO ORDER

M. Bandstra, Chair, called the meeting to order (12:03 p.m.).

2. APPROVAL OF AGENDA (including Supplemental Items)

Lawson/ THAT the agenda be approved. CARRIED.

3. APPROVAL OF MINUTES

3.1 FFMC - NOV 16 2016 Olmstead/ THAT the minutes of the Fall Fair Management Committee meeting held November 16, 2016, be adopted. CARRIED.

4. BUSINESS ARISING FROM MINUTES

4.1 FOLLOW-UP LIST The Follow-Up List was reviewed and updated.

Page 1 of 6

FFMC - FEB 9 Page 57 of 204 Agenda Item # 6.5.1

Minutes of the Fall Fair Management Committee Meeting held on Thursday, February 9, 2017 at 12:00 PM

5. CORRESPONDENCE

5.1 FAIRGROUNDS INFRASTRUCTURE Report DEV 17-001 dated January 23, 2017, from M. Allen, Director of Development Services, was presented.

M. Allen introduced his written report regarding Fairgrounds infrastructure. The report included an overview of what is underground, to the best of Staff’s knowledge and contained: a) an overall Fairgrounds map; b) a detailed infrastructure map; c) a preliminary listing of infrastructure and assets dated 2017; and d) a summary of electrical services and BC Hydro meters dated April 2016.

Regarding c), the list of assets is broken down into the following categories: Buildings; Water; Waste Water; Hydro; Pavement Structure; Signage; and Miscellaneous. The list will serve as a starting point for the Town’s Asset Management Plan (AMP). The AMP will begin with the water system, followed by sanitary sewer, storm sewer, roads, buildings and facilities. An AMP is: a) an inventory of what exists; b) helps inform capital plans and setting priorities; c) is often a requirement for provincial and federal grants; d) addresses life cycle costs, assesses condition and forecasts replacement; and e) is a lengthy process. New infrastructure construction is a planning and budgeting process; once constructed, the works are then added to the AMP.

It was noted that the Town’s operating budgets allocates $20,000 to $25,000 per year for Fairgrounds maintenance; and b) the capital budget paid for the cost to construct the Town-owned accessible washroom opening in 2016.

5.2 SMITHERS FAIRGROUNDS BUSINESS & LAND USE PLAN The Town of Smithers Fairgrounds Business and Land Use Plan dated December 2013, prepared by Yates, Thom and Associates, was presented.

Chair M. Bandstra asked for input regarding the Town of Smithers Fairgrounds Business and Land Use Plan (the Plan) dated December 2013, prepared by Yates, Thom and Associates.

M. Allen advised that the “full report from engineering consultants regarding the impact of provincial floodplain regulations on future development, in particular sewerage” (referred to on Page 29 of the Yates Report) has not yet been completed. Engineer E. Lilles is familiar with the Regulations and was asked to prepare a report when

Page 2 of 6

FFMC - FEB 9 Page 58 of 204 Agenda Item # 6.5.1

Minutes of the Fall Fair Management Committee Meeting held on Thursday, February 9, 2017 at 12:00 PM

the Bowmen took out a building permit for a new shed. M. Allen will provide E. Lilles with mapping and set a deadline for a comprehensive report for the Fairgrounds.

The following points were discussed:  the need to get buildings to a higher quality (i.e. barns at end of their lives)  whether or not the building permit process would trigger electrical upgrades  the number of septic fields  construction of the new Town washrooms did not require septic upgrades even though the Fairgrounds are in a floodplain, as the flow rate did not increase and the Town received Northern Health approval  the new Town washrooms will be open from April to October  the Town’s Facilities Maintenance Plan provides an analysis of Town-owned buildings and identified Johnstone Hall roof replacement as a priority  uncertainty over which electrical panels are attached to which hydro meters and billing of associated hydro costs  ownership of buildings by the Town vs. Licensees (buildings constructed by a Licensee become the property of the Town only if a Society dissolves).  The Report indicates that the Mall is in a state of disrepair. However, this is no longer the case, as the BV Agricultural and Industrial Association invested $20,000 in improving the Mall since the Report was completed in 2013.  The Town would seek grant opportunities once a plan is in place  The Fall Fair Management Committee should complete its own assessment of what needs to be done at the Fairgrounds, as the Yates’ Report is just one man’s perspective.  The Report puts out the challenge to be proactive despite limitations, because the Fairgrounds are a huge asset that is crumbling.  The Town could be the borrower and the groups could pay back the loan  Revisiting the Management Agreement makes sense – it needs to be crystal clear, for planning purposes.

Regarding the Report’s recommendation to address governance, M. Bandstra reminded the Committee that Council will be discussing governance at a Committee of the Whole meeting and that the BV Agricultural and Industrial Association has not yet responded to the question about whether or not the BVAIA is willing to open up the Management Agreement. I. Lawson advised that the BVAIA will be responding to that question in the near future.

Page 3 of 6

FFMC - FEB 9 Page 59 of 204 Agenda Item # 6.5.1

Minutes of the Fall Fair Management Committee Meeting held on Thursday, February 9, 2017 at 12:00 PM

C. Olmstead explained that affirmation from Council, that the Fairgrounds is a strategic priority, would be in order and referred to the recommendation from Page 31 of the Town of Smithers Fairgrounds Business and Land Use Plan.

Olmstead/ THAT the Fall Fair Management Committee recommends that Council addresses the following recommendation from Page 31 of the Town of Smithers Fairgrounds Business and Land Use Plan:

THAT the Town of Smithers enter into discussions with all interested parties to confirm the vision for the Community Fairgrounds as:

The Smithers Community Fairgrounds represent the community’s commitment to its heritage and agricultural past, its vibrant present, while also serving as a foundation for a prosperous future. It is a first- class venue for agricultural, educational, social, recreational, and cultural activities for youth and family-affordable activities. And its events are managed by community organizations and supported by the residents of the Town and the Regional District of Bulkley Nechako (Electoral Area A). CARRIED.

C. Olmstead made the suggestion that an annual, on-site walking tour of the Fairgrounds be conducted, so that the Fall Fair Management Committee can meet with user groups to learn what the groups have done over the past year and what their plans are for the upcoming year. It was also suggested that there could be a written report from each group, submitted in advance of the tour, and a PowerPoint presentation. M. Bandstra advised that the Fall Fair Management Committee will provide a directive, at a spring meeting, regarding a letter to the user groups.

5.3 COMMON KITCHEN The excerpt from the minutes of the Fall Fair Management Committee meeting held June 18, 2014, showing that there was no interest by Council in the recommendation to build a large, common kitchen to replace existing concessions, as recommended in the Business and Land Use Plan, was presented.

Page 4 of 6

FFMC - FEB 9 Page 60 of 204 Agenda Item # 6.5.1

Minutes of the Fall Fair Management Committee Meeting held on Thursday, February 9, 2017 at 12:00 PM

6. FOR INFORMATION

6.1 BVAIA APPOINTEES - FFMC The email dated January 4, 2017, from Jan McClary, advising that Charlie McClary and Ian Lawson have been appointed as the representatives of the Bulkley Valley Agricultural and Industrial Association, to represent the BVAIA on the Fall Fair Management Committee, and that Bonnie Volk is the Alternate, was presented.

6.2 EMAIL FROM GINA DEHOOG The email dated January 10, 2017, from Gina Dehoog, advising that she is no longer a representative of the BVAIA on the Fall Fair Management Committee, was presented.

6.3 EXCERPT - REGULAR MTG OF COUNCIL - DEC 13 The excerpt from the minutes of the Regular Meeting of Council held December 13, 2016, was presented.

6.4 ANNUAL LETTER TO USERS The annual letter dated January 2, 2017, to the users and licensees of the Smithers' Fairgrounds, was presented.

7. CALENDAR

8. NEW BUSINESS

8.1 2017 BC BIKE RACE J. McClary handed out an information package regarding the 2017 BC Bike Race and Mountain Biking Tour to take place August 8 and 10, 2017. The international group will spend two days and one night in Smithers and will camp at the Fairgrounds. An event request form will be submitted for the Committee's approval.

9. DATE OF NEXT MEETING

The annual letter to user groups asked that 2017 event request forms be submitted by March 1, 2017, for a meeting in mid-March.

J. McKay will send an email to the Committee with proposed dates.

Page 5 of 6

FFMC - FEB 9 Page 61 of 204 Agenda Item # 6.5.1

Minutes of the Fall Fair Management Committee Meeting held on Thursday, February 9, 2017 at 12:00 PM

10. ADJOURNMENT

Goodacre/ THAT the meeting be adjourned (1:11 p.m.). CARRIED.

Mark Bandstra Roger Smith Chair Director of Works and Operations

Certified a True and Correct Copy of the minutes of the Fall Fair Management Committee meeting held Thursday, February 9, 2017, at 12:00 p.m. in the West Fraser Room, 1027 Aldous Street, Smithers, B.C.

Dianna Plouffe Corporate Officer

Page 6 of 6

FFMC - FEB 9 Page 62 of 204 Agenda Item # 6.5.2 * Visitor lnfoNefwork Statistics Program January - June, 2017 lË\zi:=''¡ " - lV , lnfo Centre: Smithers District Chamber of Commerc Region: NBC Main Office X Satellite o ?t1i FEB ? o

Monthly Total Jan Feb Mar Apr Mav Jun 2017 YTD 20' 6 YfD 2û,rÂl&ndtrüffils Administrat¡on IY # of hours 153.00 153.0c i""4üfW 2088.00 # of parties 31 31 40 435S # of oarties/roamino 0 c 0 0 # of visitors 41 41 47 7774 # of visitors/roaminq 0 ( 0 0 # of buses 0 c 0 1 V'tsitor Orioin 30 0 0 0 0 0 3C 38 3299 Local Resident 21 21 24 578 BC 6 € I s00 Alberta 0 c 1 193

C)ther Canacla 1 1 2 237 Washinqton 0 c 0 72 California 0 c 0 62

Other uS/Mexico 1 1 1 383 Europe 0 ( 0 774 Asia/Australia 1 I 2 s6 Other 0 0 0 4 Nírrhls ín CommunÍtv I n 0 0 o o I 1Á 21A5 Same dav 0 0 2 524 1 3 2 3 1 070 2 3 ? 4 379 3 1 1 1 134 4-6 (1 week) 1 1 15 7-13 12 weeks) 0 c 0 29 14+ 0 c 1 34 lnformatíon Reqøesfed 5,1 0 o o o fì 5.1 55 627â Accommodation 3 2 765 o Adventure Recreation B € 966 Attractions 6 o40 Maps & Directions 5 G Ã 't131 Events & Conferences 0 c 2 118 =ood & Beveraoe 1 1 0 340 Transnortation 0 c 0 42 Shoooino 0 c 0 197 rarks 0 c 0 134 First Nations c 0 7Q 3ommunitv Services 4 4 2 21C nvestmenUMovino 3 0 3S Site Facilities leo, Washrooms) 7 I 6 764 3ther 17 1i 23 541 Com muníE SpecíJíc Info(cøtegories 14 0 0 0 0 0 14 16 2032 to be consístent øll year)

Local Mao 7 7 6 964 BC Ferries 0 0 0 2E Oomputer access 1 1 1 39€ Cuestions about Alaska 0 0 0 b.i Fishino 0 0 0 19C ú/ildlife 0 0 l0( Phone Calls 3 8 143 ,2 Emails 1 23 riohwav 37 0 c 0 120

CAO L] Di,/DS ll Di/FIt'l ü Agen Date 7 DJ/CS L] DirlWO Ll Blclg lns I ln-Cam Date: lrimin Asst. [l Fire tr Planner fl ,Agenda Placenten Rec.Coord. Ar tl Mgr H PCSO u Other;

VISITOR STATS Page 63 of 204 Page 64 of 204 Agenda Item # 6.6.1

TOWN OF SMITHERS

MINUTES OF THE SMITHERS AND DISTRICT TRANSIT COMMITTEE MEETING HELD IN THE WEST FRASER ROOM, 1027 ALDOUS STREET, SMITHERS, B.C. ON FRIDAY, FEBRUARY 17, 2017, AT 12:00 P.M.

Town of Smithers: Frank Wray, Councillor and Chair Taylor Bachrach, Mayor Leslie Ford, Director of Finance Anne Yanciw, Chief Administrative Officer Janice McKay, Recording Secretary

Regional District of Bulkley-Nechako: Mark Fisher, Director, Rural Area 'A'

Village of Telkwa: Darcy Repen, Mayor

Smithers Community Services Association: Cathryn Olmstead, Executive Director Mike Wyllie, Smithers Transit

Moricetown Band Council Lucy Gagnon, Executive Director

BC Transit (via speakerphone): Chris Fudge, Regional Transit Manager Adriana McMullen, Transportation Planner

1. CALL TO ORDER

1.1 MEETING CHAIR Councillor Wray called the meeting to order (12:03 p.m.).

2. APPROVAL OF MINUTES

2.1 MINUTES DEC 2/16 Fisher/ THAT the minutes of the Smithers and District Transit Committee meeting held December 2, 2016, be adopted. CARRIED.

3. BUSINESS ARISING

Page 1 of 7

TRANSIT - FEB 17 Page 65 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

4. DELEGATION (by phone)

4.1 EXPANSIONARY SERVICE (ADDITIONAL COMMUTER SERVICE) C. Fudge introduced his written report outlining proposed service changes for the Smithers–Telkwa service expansion. The proposed changes take into account efficiencies realized as a result of the new Smithers-Moricetown service and has allowed the key expansion priorities to be addressed without requiring as many resources as originally estimated. The proposal eliminates deadheading back to the service yard in Telkwa.

The number of service hours originally budgeted, exclusively for the expansion, was 260 hours. The proposed changes make up 250 of those hours and include the following: a) making the 3:25 p.m. Smithers-Telkwa trip consistent on all weekdays, rather than 3 days only; b) making the 9:20 a.m. Telkwa-Smithers trip consistent on all weekdays, rather than 4 days only; c) shifting the 4:00 p.m. and 4:50 p.m. Smithers-Telkwa departures to 4:30 p.m. and 5:20 p.m. respectively; and d) re-aligning to provide two trips per week to Telkwa House and Tower Road. The estimated net cost to the service would be the $5,000 originally earmarked for the commuter expansion.

Following approval of the proposed expansion and confirmation of the Provincial budget, BC Transit will initiate an Implementation Plan, which will outline the timeline required to implement the proposed expansion (possibly late Spring). Once Smithers’ Council approves signing of the Implementation Memorandum of Understanding, it will be sent back to BC Transit. M. Wyllie advised that Smithers Community Services Association (SCSA) has been contemplating the proposed changes from their perspective.

Councillor Wray thanked BC Transit, on behalf of Council, for their work and the especially quick roll-out of the Moricetown Service. C. Fudge agreed that the circumstances were unusual and put BC Transit behind regarding marketing and promotion of the Telkwa- Smithers expansion. He advised that A. McMullen will be meeting with M. Wyllie early next week to look at the expansion in more detail and to discuss roll-out.

The motion regarding this item is after New Business.

5. REPORTS/CORRESPONDENCE - 'A' ITEMS - ACTION

VARY AGENDA Councillor Wray, Chair, varied the agenda by bringing Item 5.4 forward to this point in the meeting.

Page 2 of 7

TRANSIT - FEB 17 Page 66 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

5.4 BUS INFRASTRUCTURE The email dated January 17, 2017, from M. Fisher, Area ‘A’ Director, Regional District of Bulkley-Nechako, requesting to talk about bus infrastructure responsibility, and the email dated December 22, 2016, from A. Yanciw, were presented.

M. Fisher had concerns regarding Section E of the draft Funding Partners’ Agreement (Item 5.1) which states that the funding partners agree that each funding partner is responsible for the repairs, replacement, additions and operations of Transit service infrastructure (such as bus shelters, benches, etc.) within their own specific location. It was noted that, of the seven existing shelters, only the Laidlaw Road shelter is in the Regional District.

C. Fudge and A. McMullen confirmed that the responsibility falls on each municipality, but realize that regional districts have no public works infrastructure in place.

The Laidlaw Road bus shelter issues regarding garbage removal and snow clearing were discussed.

Repen/ THAT the Smithers and District Transit Committee recommends to Smithers’ Council that Council directs the Works and Operations Staff to pick up garbage at the Laidlaw Road bus shelter on the way to Transfer Station. CARRIED.

The Transit Committee directed Mayor Bachrach and Director Fisher to have a conversation with C. Lutz, Ministry of Transportation and Infrastructure, to request that snow clearing at the Laidlaw Road bus shelter be added into the Highways Maintenance Contract.

5.1 FUNDING PARTNERS AGREEMENT Report FIN 17-21 dated February 10, 2017, from L. Ford, Director of Finance, recommending approval of the revised, new Smithers and District Transit Funding Partners Agreement, was presented.

There was discussion regarding Moricetown Band’s contribution and whether or not it should be changed from a dollar amount to a percentage of the local government share of the Smithers-Moricetown service cost, as this would eliminate future revisions to the Agreement.

Page 3 of 7

TRANSIT - FEB 17 Page 67 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

Repen/ THAT the Smithers and District Transit Committee approves the revised new Smithers and District Transit/Para-Transit Service Funding Partners' Agreement.

Fisher/ THAT the above motion be amended by adding: "upon amending Section A b) iii. of the Funding Partners' Agreement by changing the Moricetown Band Council contribution from $11,000 to 50% of the Smithers-Moricetown service costs. CARRIED.

The main motion, as amended, was voted on with the final wording being as follows:

THAT the Smithers and District Transit Committee approves the revised new Smithers and District Transit/Para-Transit Service Funding Partners' Agreement, upon amending Section A b) iii. of the Funding Partners' Agreement by changing the Moricetown Band Council contribution from $11,000 to 50% of the Smithers-Moricetown service cost. CARRIED.

L. Ford advised that she will make the change and email the Funding Partners’ Agreement to all of the partners (who may wish to take it to their Board/Council/Band) before signatures are obtained.

5.2 TERMS OF REFERENCE Report FIN 17-22 dated February 10, 2017, from L. Ford, Director of Finance, recommending approval of the revised Smithers and District Transit Service Terms of Reference, was presented.

F. Wray explained that the proposed Terms of Reference include Moricetown and that the Committee type has been correctly changed from a Select Committee to a Standing Committee of the Town of Smithers. This means that the Committee membership must include three Smithers’ councillors as voting members, as well as one representative (or alternate) assigned to represent the Village of Telkwa, Electoral Area ‘A’, and the Moricetown Band.

C. Olmstead left for the duration of the meeting (1:00 p.m.).

Page 4 of 7

TRANSIT - FEB 17 Page 68 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

Mayor Repen advised that he sees no problem with Smithers having three voting members on the Committee, as Smithers pays the majority of transit services. This spurred a discussion regarding whether or not it would be prudent to include language regarding exit terms in the Funding Partners’ Agreement, as a safeguard. L. Ford reminded the Committee that the Funding Partners’ Agreement is only a draft and that the funding partners may wish to make this, or other, recommendations.

Repen/ THAT the Smithers and District Transit Committee recommend to Smithers' Council that the revised Smithers and District Transit Service Committee Terms of Reference be approved. CARRIED.

It was confirmed that L. Gagnon could be the representative, with voting privileges for the Moricetown Band, as permitted by the proposed Terms of Reference.

5.3 ACCESSIBLE BUS SHELTER The excerpts from the minutes of the Regular Meeting of Council held January 10, 201, and the Advisory Planning Commission (APC) meeting held December 19, 2016, regarding a recommendation from the APC for an accessible bus shelter on the west side of Town, were presented.

M. Wyllie advised that A. McMullen will be taking part in a drive around next week to look at potential locations between Smithers and Moricetown for bus stops and shelters.

Fisher/ THAT the Smithers and District Transit Committee postpone discussion regarding an accessible bus shelter on the west side of Town to its next meeting. CARRIED.

6. CORRESPONDENCE/REPORTS - 'B' ITEMS - FOR INFORMATION

6.1 LETTER DATED DEC 16 - COUNCIL MOTIONS The letter dated December 16, 2016, from the Town of Smithers to BC Transit presenting motions from the Regular Meeting of Council held December 13, 2016, was presented.

Page 5 of 7

TRANSIT - FEB 17 Page 69 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

6.2 IMPLEMENTATION PLAN MOU The Implementation Plan Memorandum of Understanding from BC Transit signed off by the Town of Smithers on December 14, 2016, was presented.

6.3 EXPLORE BC BY BUS The email dated December 20, 2016, from C. Fudge, BC Transit, advising that Smithers has been identified as one of five communities to participate in the ExploreBCbyBus winter campaign, was presented (8500-01).

7. NEW BUSINESS

7.1 RIDERSHIP STATISTICS M. Wyllie presented ridership statistics for the new Moricetown service for the period January 30 to February 18, 2017. It was agreed that ridership will increase with proper promotion. Regarding the Telkwa service, M. Wyllie advised that more promotion is required to increase ridership, but people are already taking advantage of the 6:30 p.m. run to Telkwa.

7.2 RDBN CONTRIBUTION TO MORICETOWN SERVICE Regarding the motion (Page 4 of the minutes of the Smithers and District Transit Committee meeting held December 2, 2016) that Electoral Area ‘A’ be asked to contribute a $5,000 grant-in-aid per year for two years for the new Moricetown service, Director Fisher advised that, in light of past discussions today's discussion, he would like to increase the Electoral Area’s contribution and would now prefer Area ‘A’ be asked to contribute $10,000 from its Gas Tax Funds, due to the fact that capital lease costs are now eligible for Gas Tax funding.

Fisher/ THAT the Smithers and District Transit Committee recommends to Smithers’ Council that Council directs Staff to submit an application to the Regional District of Bulkley-Nechako for the amount of $10,000, from the Regional District’s Gas Tax Funds, towards capital lease costs of buses for the 2017/2018 fiscal year. CARRIED.

Page 6 of 7

TRANSIT - FEB 17 Page 70 of 204 Agenda Item # 6.6.1

Minutes of the Smithers and District Transit Committee held on Friday, February 17, 2017 at 12:00 PM

4.1 IMPLEMENTATION MOU Repen/ THAT the Smithers and District Transit Committee recommends to Smithers’ Council that Smithers’ Council approves signing of the Implementation Memorandum of Understanding to implement the proposals, as per BC Transit’s recommendation to reallocate the 250 hours previously committed for the Smithers-Telkwa commuter service. CARRIED.

8. NEXT MEETING DATE

There was no discussion regarding the next meeting date.

9. ADJOURNMENT

Repen/ THAT the meeting be adjourned (1:20 p.m.). CARRIED.

Taylor Bachrach Leslie Ford Mayor Director of Finance

Certified a True and Correct Copy of the minutes of the Smithers and District Transit Committee meeting held Friday, February 17, 2017, at 12:00 p.m. in the West Fraser Room, 1027 Aldous Street, Smithers, B.C.

Dianna Plouffe Corporate Officer

Page 7 of 7

TRANSIT - FEB 17 Page 71 of 204 Page 72 of 204 Agenda Item # 6.6.2

Librarian’s Report February 2016 Wendy Wright, Library Director

January Stats

 Circulation: 8,279  Visits: 6,131  Public Computer & WiFi Sessions: 1,555

Children’s & Youth Programming  To mark Family Literacy Week, 29 children and caregivers enjoyed community members sharing their favourite books during Community Bedtime Stories, a pyjama storytime with refreshments by the Ground2Griddle Community Kitchen. Big thanks to readers Mayor Bachrach, Shelley Worthington, Matt Herzog, Anita Clegg and Sarah Wright.

LIBRARIAN'S REPORT Page 73 of 204 Agenda Item # 6.6.2

 Family Literacy Week also saw the local Pop-Up Puppet Company visit the library to perform The Day the Stories Left the Sea. 60 people attended the show, which finished with an opportunity for children to manipulate the puppets.

LIBRARIAN'S REPORT Page 74 of 204 Agenda Item # 6.6.2

 95 children ages 0-6 and their caregivers attended Family Play Day at the Dze L K’ant Friendship Centre hall where the library ran a craft table.

Ongoing Programming & Facility Usage

 Babytime, Toddlertime, Storytime, LEGO Thursdays, the United Way’s Teen Night, Wetzin’Kwa’s Book Lovers’ Night Out, Magic: The Gathering and Book Club continues.

Reports & Funding

 The library has applied to Canada Summer Jobs for a portion of the two Summer Reading Club Students’ wages. Word of the new Indigenous Library Assistant: Summer Reading Club position has been met with enthusiasm by community organizations but we cannot advertise the position until sufficient funding has been confirmed. The library is actively seeking grants and donations for this position.

 A final report and receipts have been submitted to the Bulkley Valley Community Foundation (BVCF) for the Tech Kits: Phase Two project.

 The Friends of the Smithers Library have applied for a Canada 150 grant through the BVCF to assist with this summer’s reconciliation event.

 The Bulkley Valley Economic Development Association (BVEDA) will sponsor a one-year subscription to MAKE Magazine and 45 hours of community Computer Tutoring to ensure Bulkley Valley residents have the skills and inspiration to participate and thrive in today’s economy.

 School District 54 has generously donated books from Lake Kathlyn School to the public library and the Friends of the Library book sale. The district sees the donation as another way to put books in the hands of local children. Thanks too for the donated shelving and office equipment.

 The library’s year-end financial records have been submitted to the Town of Smithers.

Staff & Training  Sandra is taking an online course in Children’s Library Services from Langara College.  The director is taking a UBC MOOC (Massive Open Online Course) called Reconciliation Through Indigenous Education.  Staff warmed up the library with Hawaiian Shirt Day in early February.

Community Needs Assessment & Outreach  The director attended a school district forum to learn about the Aboriginal Education aspect of the new provincial curriculum.  Mme. Pesce’s grade 4/5 class from Muheim toured the library during Family Literacy Week.  The director met with the Northwest Community College librarian to discuss effectively reaching non-users of the public library. This led to connecting with Bulkley Valley Learning Centre staff to plan class tours for their students. 3

LIBRARIAN'S REPORT Page 75 of 204 Page 76 of 204 Agenda Item # 6.6.2

BCLA Announces New and Revitalized Awards -- BCLA email listserv Feb. 9, 2017

BCLA has proudly recognized member excellence with a selection of awards offered since the mid- 1980s. Recipients of BCLA awards are among the most distinguished members of the BC library community and their contributions to libraries have enduring value for our membership, our province, and our respective professions. BCLA award winners are leaders in the broadest and most significant sense of the word.

In 2016, the BCLA Board of Directors began a review of current awards. A Board Working Group was struck to focus attention on building a revitalized award program directly linked to the Association’s core values. The Working Group was asked to consider awards that recognize achievements from any point in a person’s career and thus acknowledge that significant contributions can be and are made at every stage of library community involvement. The Working Group was also tasked with incorporating avenues to recognize exceptional work achieved by people outside the library community, whose work contributes to the growth, strength and vibrancy of libraries.

The Working Group presented its findings and recommendations at the January 23, 2017 BCLA Board Meeting. By unanimous vote, the BCLA Board supported the retirement of the existing slate of BCLA awards and the adoption of three new BCLA awards.

Information about previous BCLA awards and past recipients will continue to be available on the BCLA website in recognition of the contributions these exceptional people have made to the library community.

Awards independently administered by Sections, Committees, and Interest Groups are not impacted by this Board decision.

BCLA Awards

BCLA Eureka Award This award is given to an individual or organization that has created an innovative approach to address a barrier, solve a problem, provide a powerful new insight, or introduce an original idea in the library field. This is an award for thinkers, analysers, innovators, dreamers and doers. An individual winner may have completely solved a problem or fully developed a new idea, or may have been a significant contributor to a larger team project. The winner may be an organization responsible for a considerable contribution to the library community, a contribution that helps the library community as a whole and strengthens the “idea” of library in our society. Or the recipient may not be from the library community, but has made a notable contribution to the relevance of libraries.

The BCLA Eureka Award grows out of BCLA’s commitment to analyzing, supporting and participating in the ongoing evolution of libraries and library services. It is linked to BCLA’s stated core value to support and encourage creativity and innovation.

BCLA Champion of Intellectual Freedom Award This award is given to an individual or organization that demonstrates significant advancement of intellectual freedom in the public realm for the benefit of British Columbians. This is an award for librarians and library staff that champion intellectual freedom issues in their libraries, their communities, their province or their country. The winner could also be a journalist, or

LIBRARIAN'S REPORT Page 77 of 204 Agenda Item # 6.6.2

media outlet, an organization dedicated to free speech and challenging expected norms, a lawyer, policy maker, or community leader.

The BCLA Champion of Intellectual Freedom Award grows out of the Association’s commitment to uphold the principles and tenets of intellectual freedom including the right to seek, receive, hold and disseminate information from all points of view—a foundation of a democratic society.

BCLA Building Better Communities Award This award is for an individual or organization responsible for increasing the relevancy and impact of library service through partnership, collaboration, and building trust where little had previously existed. The winner may be engaged in service delivery, professional development, marketing, or community-led library work. Achievements may originate with a library or an individual, or with a community partner.

The BCLA Building Better Communities Award evolves from the Association’s commitment to open access and inclusion. BCLA advocates for libraries and library services for all British Columbians. This includes barrier-free facilities, open and equitable access to library services, and environments free of racism, religious intolerance, and violence. BCLA believes that people, communities and organizations need universal access to information, ideas, and works of the imagination for their social, cultural, educational, democratic and economic well-being.

BCLA invites the library community, partners and stakeholders to submit nominations for the inaugural BCLA Awards. The form to submit a nomination is here: https://bclaconnect.ca/bcla-awards/ The deadline for submissions is March 9th, 2017 Awards will be announced at the Opening and Closing Keynote sessions and at the Hot Topic session of the BC Library Conference. April 19th to April 21st, 2017.

These new awards are an exciting change and addition to BCLA’s work for members. The Board hopes you will enjoy considering recipients and submitting nomination. If you have questions please contact BCLA Executive Director Annette DeFaveri at [email protected]

BCLA Awards Committee Caroline Daniels, Chair Cara Pryor Christine Middlemass Daphne Wood Annette DeFaveri

Annette DeFaveri Executive Director British Columbia Library Association 150-900 Howe Street Vancouver, B.C. V6Z 2M4 Tel: 604-683-5354

LIBRARIAN'S REPORT Page 78 of 204 Agenda Item # 6.7.1

ossa-û I

Mayor's Report for Feb 28,2017

Feb 15: met with staff of the Dze L K'ant Friendship Centre regarding the need for a downtown public washroom.

Feb 16: Delivered welcome remarks at Smithers Exploration Group's "Rock Talk" event.

Feb 16: Met with a resident regarding housing, homelessness and plans for a downtown washroom.

Feb IJ: altended the Transit Committee Meeting.

Feb 17: Delivered welcome remarks at the Farmers Institute's "Carrots to Cattle" conference gala dinner. .Wednesday Feb 2l: filmed V/itsuwit'en with Dollie Alfred.

Feb 2I: participated in a mildly humiliating "Truth or Chuck" show at The Moose, at the invitation of the departing V/ayne Carrasco.

Feb 22-23: Attended the annual BC Mayors' Caucus conference in Oak Bay.

F eb 24: Attended the Smithers Chamber's annual New Business Reception.

F eb 26: Attendi ng a surprise party to honour the achievement of a local citizen.

Feb 27: Meeting with Jim Richards who is organizing a tour through northwest BC called Nexpedition.

MAYOR'S REPORT Page 79 of 204 Page 80 of 204 Agenda Item # 7.1.1

RECOMMENDATIONS TO MAYOR AND COUNCIL

DATE: February 20, 2017 FILE: 1610-01

BY: Leslie Ford, Director of Finance REPORT: FIN-17-24

SUBJECT: Smithers and District Transit Committee- Terms of Reference

RECOMMENDATIONS: That Council approve the new and revised Terms of Reference for the Smithers and District Transit Service Committee; and THAT Council approve the appointment of 2 additional Councillors to the Committee.

BACKGROUND: At the February 17, 2017 Transit Committee the Transit committee members reviewed a Draft of the revised Terms of Reference for the Smithers and District Transit Committee. They passed the following motion

Repen/ THAT the Smithers and District Transit Committee recommend to Smithers' Council that the revised Smithers and District Transit Service Committee Terms of Reference be approved. CARRIED.

DISCUSSION: Attached is the revised Terms of Reference. There is the addition of the Moricetown Band representative. The other change is the structure of the Committee. The attached new Terms of Reference treats this Committee more as a Standing Committee now than a Select Committee. Based on the parameters within the Community Charter it was felt that this type of Committee should not be treated as a Select Committee in that it does not deal with a specific topic for a short duration. Nor does it fit under Section 143, which deals with establishing Commissions, since this Committee does not actually operate the Transit Service (Smithers Community Services does). Therefore the only remaining one

CAO Dir/DS Dir/FIN Agen Date: Feb 28/17 Dir/CS Dir/WO Bldg Ins Admin Asst. Fire Planner Agenda Placement: Staff A Dir /Rec Air/Mgr PCSO

"printed on Rainforest Alliance - FSC certified recycled paper"

TRANSIT COMMITTEE - TERMS OF REFERENCE Page 81 of 204 Agenda Item # 7.1.1

Regular Council Page 2 Report: FIN 17-24

that really fits is Section 141 on Standing Committees, thus the reason for increasing the number of Smithers Councillors representatives. Councillor Frank Wray is a current appointee.

POLICY/ LEGISLATION IMPLICATIONS:

The Committee only meets a couple of times during the year. The next meeting (unless there are special circumstances requiring an additional meeting) would be in the late fall after receiving the 2018 budget from BC Transit. Normally meetings are held at lunch so that Smithers Community Services representatives (operators of the service), BC Transit representatives and other advisory staff can attend.

The Committee can only make small changes to the service - primarily changes that do not result in amending or changing the Annual Operating Agreement (AOA) (see the Funding Partner’s Agreement attached to the following report). Their primary responsibility is to be an advisory committee to Smithers Council, since Smithers is the local government that is the signatory on the AOA.

RESOURCE IMPLICATIONS:

Meeting costs are covered through the Town’s Smithers and District Transit service budget.

ATTACHMENT: • Revised new “Smithers and District Transit/Para-Transit Service Committee – Terms of Reference”

Respectfully submitted: Approved For Submission:

______Leslie Ford, Anne Yanciw Director of Finance Chief Administrative Officer

p:\reports\2017\2017 report #24 smithers and district transit committee.doc

"printed on Rainforest Alliance - FSC certified recycled paper"

TRANSIT COMMITTEE - TERMS OF REFERENCE Page 82 of 204 Agenda Item # 7.1.1

Smithers and District Transit/Para-Transit Committee

Terms of Reference

The Town of Smithers agrees to establish a Smithers and District Transit Committee, a standing committee, under the provisions of Section 141 of the Community Charter .

a) Role of Committee The role of the Committee is to discuss local transit issues and make decisions and/or recommendations, on transit issues involving such items as fare changes, budgets and changes in transit levels of service.

b) Purpose The purpose of the Committee is to: • generate ideas on how to increase transit ridership; • make recommendations about transit fare changes; • make recommendations on budgetary funding allocation changes; and • make other decisions, or recommendations, on local transit issues as required.

c) Membership • There will be one representative (or alternate) assigned to represent the external Transit funding partners, from the following organizations. Each of these representatives will have voting privileges: o Village of Telkwa, o Regional District of Bulkley-Nechako (Electoral Area A) o Moricetown Band • Section 141 of the Community Charter states that at least half of the members of a Standing Committee must be council members, therefore 3 Smithers Councillors will be appointed as 3 additional voting members. • The following representatives may attend as advisory: o BC Transit representative(s) (in person or via phone/Skype). o Smithers Community Services representatives o Any additional staff from each of the funding partners • Mayors or Board Chairs, if not officially appointed as a funding partner representative, may attend on an “Ex-Officio” basis, but not as voting members. • Quorum will be established at 4 out of 6 representatives.

d) Meeting Chair The Chair position will occur on a rotational basis, starting in 2017, as follows: 1. Town of Smithers representative 2. Village of Telkwa representative 3. Regional District Representative 4. Moricetown Band Representative

The Chair shall preside at all meetings of the committee, maintain order, and ensure that rules of the committee are followed. In the event of an absence of a representative from the organization whose turn it is to be the Chair, members of the committee will elect a Chair at the beginning of the meeting.

TRANSIT COMMITTEE - TERMS OF REFERENCE Page 83 of 204 Agenda Item # 7.1.1

e) Meetings Members will respect the following rules of meeting conduct: • Promise of informality. Group discussion is important; everyone participates; • Provide honest, open opinions; • Agree to disagree; consensus may not always be achieved; and • Promise to stay on track and on topic.

f) Meeting Frequency The Committee will meet on average 2 times per year. One of the meetings will take place in the fall in order to provide information about upcoming Transit service budgets to the funding partners.

g) Minutes The Town of Smithers staff will prepare the minutes of all Committee meetings.

h) Delivery of Meeting Minutes The Town of Smithers will send out minutes from the most recent meeting to the committee members. Committee members will then be responsible to take the minutes to their respective Councils/Boards.

i) Motions Committee motions recommending changes that would require changing or amending the Annual Operating Agreement will be taken to Smithers Council for ratification.

j) Attendance at Meetings If a Committee representative cannot make a meeting it is their responsibility to send an alternate (elected) representative to the meeting.

p:\my documents\transit\transit terms of reference revised jan 2017.doc

TRANSIT COMMITTEE - TERMS OF REFERENCE Page 84 of 204 Agenda Item # 7.1.2

RECOMMENDATIONS TO MAYOR AND COUNCIL

DATE: February 20, 2017 FILE: 1610-01

BY: Leslie Ford, Director of Finance REPORT: FIN-17-25

SUBJECT: Smithers and District Transit Service- new Funding Partners’ Agreement

RECOMMENDATIONS: That Council approve that the Chief Administrative Office sign the new “Smithers and District Transit/Para-Transit Service Funding Partners’ Agreement” on behalf of the Town of Smithers.

BACKGROUND: At the December 6th, 2016 Transit Meeting the following motion was adopted by the Smithers and District Transit Committee:

Brienesse/ THAT the current Smithers and District Transit Committee's Funding Partners Agreement be amended to add Moricetown Band as a funding partner towards the Smithers and District Transit Service, with their contribution starting at $11,000; and that their funding contribution be evaluated after the service has been in place for more than one year. CARRIED.

At the February 17, 2017 Transit Committee the Transit committee members reviewed a Draft of a new Funding Partners Agreement. They passed the following motion

CAO Dir/DS Dir/FIN Agen Date: Feb 28/17 Dir/CS Dir/WO Bldg Ins Admin Asst. Fire Planner Agenda Placement: Staff A Dir /Rec Air/Mgr PCSO

"printed on Rainforest Alliance - FSC certified recycled paper"

TRANSIT SERVICE - FUNDING PARTNERS' AGREEMENT Page 85 of 204 Agenda Item # 7.1.2

Regular Council Page 2 Report: FIN 17-25

DISCUSSION: The current members of the Transit Committee were in favor of the new Funding agreement (see attachment), which has added Moricetown Band as an additional funding partner. It is now to be presented to each of the funding partners to be signed.

POLICY/ LEGISLATION IMPLICATIONS:

The Town of Smithers signed the Implementation Agreement for the new Smithers- Moricetown service in December 2016; and the actual service between Smithers and Moricetown commenced January 30th, 2017.

RESOURCE IMPLICATIONS:

The estimated Net cost of the Smithers – Moricetown Service is approximately $21,000 to $22,000. Moricetown Band has committed half (projected to be $11,000 this year).

ATTACHMENT: • new Smithers and District Transit/Para-Transit Service- Funding Partners’ Agreement

Respectfully submitted: Approved For Submission:

______Leslie Ford, Anne Yanciw Director of Finance Chief Administrative Officer

p:\reports\2017\2017 report #24 smithers and district funding partner's agreement.doc

"printed on Rainforest Alliance - FSC certified recycled paper"

TRANSIT SERVICE - FUNDING PARTNERS' AGREEMENT Page 86 of 204 Agenda Item # 7.1.2

Smithers and District Transit/Para-Transit Service

Funding Partners’ Agreement (Effective January 1, 2017)

A. The Town of Smithers, the Village of Telkwa, the Regional District of Bulkley-Nechako (Electoral Area A: Smithers Para-Transit Service Area) and the Moricetown Band agree to be annual funding partners of the Smithers and District Transit/Para-Transit Service.

a) The Town of Smithers agrees to sign the annual operating agreement between the Town of Smithers, BC Transit and the Smithers Community Services Association.

b) The Town of Smithers, the Village of Telkwa, Regional District of Bulkley Nechako (Electoral Area A: Smithers Para-Transit Service Area) and the Moricetown Band agree to fund the annual net Municipal Share of the annual Smithers and District Transit budgeted costs (as provided by BC Transit) as follows i. Regional District of Bulkley Nechako (Electoral Area A: Smithers Para- Transit Service Area): the maximum allowed under their current RDBN Bylaw. ii. Village of Telkwa 16% (based on the % established in the past Funding Partner’s Agreement) iii. Moricetown Band: 50% of the net Smithers-Moricetown route costs iv. Town of Smithers – the balance

In-kind Transit expenses, such as the storage of the bus by the Village of Telkwa for an estimated in kind cost of $5,000, are to be included within the annual transit budget. Costs incurred by the Town to administer the Committee are to be acknowledged during each transit budget process.

B. The funding partners of the Smithers and District Transit/Para-Transit Service agree that the voting members of the Committee have the authority to make decisions related to the operations of the Smithers and District Transit/Para-Transit service that do not require changing or amending the Annual Operating Agreement with BC Transit. This can include things such as waiving or adjusting fees for short duration special events.

C. The funding partners of the Smithers and District Transit/Para-Transit Service agree to consult with BC Transit before making recommendations on issues such as expansionary service levels and permanent fare changes.

D. The funding partners of the Smithers and District Transit/Para-Transit Service agree that the voting members of the Committee can make recommendation concerning Transit changes that require amending or changing the Annual Operating Agreement (such as permanent transit fare changes or changes in service that impact the annual budget) to Smithers Council, the signatory on the Annual Operating Agreement with BC Transit.

E. The funding partners of the Smithers and District Transit/Para-Transit Service agree that each funding partner is responsible for the repairs, replacement, additions and operations of Transit service infrastructure (such as bus shelters, benches etc) within their own specific locations.

TRANSIT SERVICE - FUNDING PARTNERS' AGREEMENT Page 87 of 204 Agenda Item # 7.1.2

Smithers and District Transit/Para-Transit Service

Funding Partners’ Agreement

Signed at British Columbia on 2017

Signatures:

______On behalf of the Town of Smithers Date approved Name:

______On behalf of the Village of Telkwa Date approved Name:

______On behalf of the Regional District of Date Approved Bulkley Nechako (Electoral Area A) Name:

______On behalf of the Moricetown Band Date Approved Name:

p:\my documents\transit\transit funding partner's agreement revised jan 2017.doc

TRANSIT SERVICE - FUNDING PARTNERS' AGREEMENT Page 88 of 204 Agenda Item # 7.1.3

REPORT TO COUNCIL

DATE: February 21, 2017 REPORT: ADM17- 013

FROM: Dianna Plouffe FILE: 4200-20 Director of Corporate Services

SUBJECT: Alternate Approval Process Dates

RECOMMENDATION:

THAT Council has given three readings to “Bylaw No. 1808 – Smithers Regional Airport Terminal Modernization Loan Authorization”, which proposes borrowing up to $3,000,000 to finance the Smithers Regional Airport modernization and expansion project;

AND THAT Council cannot adopt “Bylaw No. 1808 – Smithers Regional Airport Terminal Modernization Loan Authorization” until the Approval of the electors has been obtained;

AND THAT the Corporate Officer undertake an Alternative Approval Process to determine the opinion of the electors with regard to the matter.

BACKGROUND:

The Town of Smithers has received $4,000,000 from the Federal Gas Tax Strategic Priorities program for a Smithers Regional Airport Modernization project. This project will require the Town to borrow $3,000,000, a long term debt which requires elector approval. The debt will be serviced though airport revenue. An Alternative Approval Process is a legal vehicle for securing such assent in a more cost effective and timely manner than a Referendum.

CAO Dir/DS Dir/Fin Agen Date: February 28, 2017 Dir/CS Dir/WO Bldg Ins In-Cam Date: CAA Fire Planner Agenda Placement: Staff A Dir /Rec Air/Mgr PCSO Other:

AAP Page 89 of 204 Agenda Item # 7.1.3

Regular Council Page 2 Report: ADM 17-013

The Alternative Approval Process requires the following actions. The rationale is provided after each.

 Notification of the dates for the process o March 16, 2017 through to April 19, 2017 for the Alternative Approval Process.

 Notification of the provincial voter list as the official estimate of electors o The Town of Smithers has historically used the provincial voters list for the V0J 2N0 area for elections and referenda, and it is the simplest and most accurate calculation.

 Notification of the geographic area the approved elector properties are within o The Smithers Regional Airport is wholly owned and operated by the Town of Smithers making the V0J 2N0 area and boundary as the logical geographic area for the eligible elector properties.

Respectfully submitted by: Approved for Submission:

Dianna Plouffe Anne Yanciw Director of Corporate Services Chief Administrative Officer

AAP Page 90 of 204 Agenda Item # 7.1.4

REPORT TO COUNCIL

DATE: February 20, 2017 REPORT: ADM 17-012

FROM: Dianna Plouffe FILE: VAULT Director of Corporate Services

SUBJECT: Lease Agreement - Ministry of Forests, Lands and Natural Resource Operations

RECOMMENDATION:

THAT Council authorize the Mayor and Chief Administrative Officer to sign the Lease Agreement between Ministry of Forests, Lands and Natural Resource Operations and the Town of Smithers for a twenty-five year term commencing March 1, 2017 and expiring on February 28, 2042.

DISCUSSION:

Ministry of Forests, Lands and Natural Resource Operations have leased space at the Smithers Regional Airport since 1997 for the purpose of management and support of the Provincial Wildfire Program and other Provincial emergency response actions. The original lease expired on August 31, 2014 and Council granted a one year extension.

Ministry of Forests, Lands and Natural Resource Operations is in agreement to paying $22,988.65 for 8945m2 of leased space annually for five years. This rate is currently on par with market value for property at the Airport. The leased space will be reviewed in 2022 by a mutually agreed upon appraiser to determine future fair market value.

POLICY CONSIDERATIONS: Policy ADM 017, Contracts, Leases and Agreements has been followed in the development of this Lease Agreement.

CAO Dir/DS Dir/Fin Agen Date: February 14, 2017 Dir/CS Dir/WO Bldg Ins In-Cam Date: CAA Fire Planner Agenda Placement: Staff A Dir /Rec Air/Mgr PCSO Other:

FLNRO LEASE Page 91 of 204 Agenda Item # 7.1.4

Regular Council Page 2 Report: ADM 17-012

Respectfully submitted by: Approved for Submission:

Dianna Plouffe Anne Yanciw Director of Corporate Services Chief Administrative Officer

FLNRO LEASE Page 92 of 204 Agenda Item # 7.1.4

Page 1 of 32

INDEX PART 1 - LEASE

1. BASIC TERMS

2. GRANT OF LEASE

3. PARTS, SCHEDULES & APPENDICES

4. TENANT'S ACCEPTANCE & ACKNOWLEDGEMENT

SCHEDULE A DESCRIPTION AND PLAN OF PREMISES

SCHEDULE B ADDITIONAL TERMS & PROVISIONS

Part 2 - STANDARD LEASE TERMS

5. DEFINITIONS

6. QUIET ENJOYMENT, IMPROVEMENTS & ACCESS

7. RENT

8. PERIODIC RENT ADJUSTMENT

9. TAXES, UTILITIES, CHARGES

10. INSURANCE

11. USE & OCCUPATION

12. RULES AND REGULATIONS

13. TENANT'S OBLIGATIONS

14. ALTERATIONS, FIXTURES, IMPROVEMENTS, EXPROPRIATION

15. ASSIGNMENT, SUBLETTING, SALE OR MORTGAGE

16. INDEMNIFICATION & RELEASE

17. FORCE MAJEURE

18. DEFAULT, REMEDIES, TERMINATION

19. GENERAL PROVISIONS

APPENDIX I - RULES AND REGULATIONS

FLNRO LEASE Page 93 of 204 Agenda Item # 7.1.4

Page 2 of 32

LEASE OF PREMISES AT SMITHERS REGIONAL AIRPORT

dated for reference this _____ day of ______, 2017

BETWEEN:

TOWN OF SMITHERS 1027 Aldous Street, Box 879 Smithers, BC VOJ 2NO

(the "Landlord")

AND:

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA As represented by the Minister of Forests, Lands and Natural Resource Operations, Forest Tenures Branch, Forest Land Acquisitions PO Box 9570 Stn. Prov. Gov. 2nd Floor, 1520 Blanshard Street Victoria, BC V8W 9C2

(the "Tenant")

NOW THEREFORE the parties in consideration of the terms, conditions and agreements contained herein, hereby covenant and agree as follows:

1. BASIC TERMS

1.1 Table of Basic Terms

Item Data Commencement Date March 1, 2017 Term Twenty-Five (25) Years, commencing on:

(a) the Commencement Date (if the Commencement Date is the first day of a month); or

(b) the first day of the month next following the Commencement Date (if the Commencement Date is any day other than the first day of a month); and

expiring on February 28, 2042

Premises That part of the Airport shown in bold red and identified as Forests, Lands and Natural Resource Lease Area, a reduced copy of which is as Schedule "A"

Area of Premises 8,945 square meters, more or less

FLNRO LEASE Page 94 of 204 Agenda Item # 7.1.4

Page 3 of 32

1.2 Minimum Rent

The following Minimum Rent is payable by the Tenant to the Landlord in full on the Commencement Date and thereafter on the anniversary of the Commencement Date each Year of the Term:

YEAR PER ANNUM

Year 1 – 5 Rent for leased space will be calculated as follows:

$2.34 per metres squared plus AMC of $0.23 per metres squared for a leased space of 8945 metres squared annually for five years.

March 1, 2017 to February 28, 2018 - $22,988.65 March 1, 2018 to February 28, 2019 - $22,988.65 March 1, 2019 to February 29, 2020 - $22,988.65 March 1, 2020 to February 28, 2021 - $22,988.65 March 1, 2021 to February 28, 2022 - $22,988.65

Year 6-10 To be determined by a mutually agreed upon appraiser.

Year 11-15 To be determined by a mutually agreed upon appraiser.

Year 16-20 To be determined by a mutually agreed upon appraiser.

Year 21-25 To be determined by a mutually agreed upon appraiser.

1.3 Airport Maintenance

(a) The Landlord will perform all necessary maintenance (including snow and ice removal) of the Airport facilities, runways, taxiways, service and access roads to enable pedestrian and vehicular access and egress to and from the Premises by the Tenant, its employees, invitees and licensees and use of the Airport taxiway and runway by the Tenant PROVIDED ALWAYS that the Landlord, as operator of the Airport, will be the sole determiner as to if, when, how often and to what extent snow and ice will be removed from the Airport taxiways, runways, service and access roads.

(b) The cost of the following Airport maintenance is included in the Minimum Rent and will not be included in the calculation of Airport Fees:

(i) Airside grounds and fence maintenance for the Airport (except for airside line painting, crack sealing and asphalt repairs).

(c) The Tenant must pay its proportionate share of all other costs associated with Airport maintenance as charged by the Landlord, acting reasonably, as Airport Fees including, but not limited to:

(i) snow removal in the Tenant parking areas; and (ii) airside line painting, crack sealing and asphalt repairs on the Tenant aircraft apron.

FLNRO LEASE Page 95 of 204 Agenda Item # 7.1.4

Page 4 of 32

1.4 Airport Fees

The Tenant must pay, as Additional Rent, all Airport Fees as and when they fall due.

1.5 Use

The Tenant, and its employees, invitees or licensees may use the Premises, services and access roads only for the operation, management and support of the Provincial Wildfire Program and other Provincial emergency response actions, which include:

(a) the use of air tankers;

(b) two fuel tanks located below ground within the Premises ;

(d) open pit water storage pond;

(e) the use of a portion of an existing structure by the Tenant on the Premises for the purpose of a lounge or rest area for occasional use twenty-four (24) hours per day 365 days per year by itinerant wildfire management crews; and

(f) office space for the use of the Tenant’s employees.

and for no other purpose or purposes, whatsoever, without the prior written consent of the Landlord.

1.6 Prohibited Use

The Tenant must not use or permit the use or occupation of the Premises or any building or vehicle located on the Premises:

(a) for residential purposes on either a short-term or long-term basis; or

(b) for the purpose of storing recreational vehicles, trailers or non-aviation related equipment or vehicles.

1.7 Notices

Either party to this Lease may serve notice of any kind under this lease in accordance with Section 19.12 of this Lease to the address set out below:

Initial Address for Service Landlord Town of Smithers 1027 Aldous Street, Box 879 Smithers, BC VOJ 2NO

Attention: Chief Administrative Officer Tenant Forest Tenures Branch, Forest Land Acquisitions PO Box 9570 Stn Prov Gov 2nd Floor 1520 Blanchard Street Victoria, BC V8W

Addresses for service may be changed in accordance with Section 19.13(e) of this Lease.

FLNRO LEASE Page 96 of 204 Agenda Item # 7.1.4

Page 5 of 32

1.8 Approval

The Basic Terms set out in this Article 1 are hereby approved by the parties and each reference in this Lease to any of the Basic Terms will be construed to include the provisions set forth in this Article as well as all of the additional terms and conditions of the applicable Sections of this Lease where such Basic Terms are more fully set forth.

2. GRANT OF LEASE

The Landlord, in consideration of the Rent, covenants, provisos, agreements and conditions hereinafter reserved and contained to be paid, observed and performed by the Tenant, demises and leases to the Tenant and the Tenant leases from the Landlord, the Premises, upon the terms and conditions and subject to the provisos contained in this Lease, to have and hold the Premises during the Term.

3. DEFINITIONS, PARTS, SCHEDULES, APPENDICES

3.1 Definitions

Words, phrases and expressions in this Lease are defined in Section 5.

3.2 Parts, Schedules and Appendices

Any reference to "this Lease" or similar words is a reference to the following Parts, Schedules and Appendices, which are incorporated into and form an integral part of this Lease:

PART 1 – LEASE:

SCHEDULE A - DESCRIPTION AND PLAN OF PREMISES SCHEDULE B - ADDITIONAL TERMS & PROVISIONS

PART 2 - STANDARD LEASE TERMS:

APPENDIX I - RULES AND REGULATIONS

4. TENANT'S ACCEPTANCE & ACKNOWLEDGEMENT

4.1 Acknowledgement and Agreement

The Tenant acknowledges receipt of a copy of this Lease and agrees to be bound by its provisions.

4.2 Tenant's Acceptance

The Tenant hereby accepts this Lease of the Premises, to be held by the Tenant, subject to the conditions, restrictions and covenants set forth in this Lease.

FLNRO LEASE Page 97 of 204 Agenda Item # 7.1.4

Page 6 of 32

IN WITNESS WHEREOF the parties have executed this Lease on the day and year first above written.

Town of Smithers, by its authorized signatories:

Taylor Bachrach Mayor

Anne Yanciw Chief Administrative Officer

Her Majesty The Queen In Right Of The Province Of British Columbia, as represented by the Minister of Forests, Lands and Natural Resource Operations, by its authorized signatory(ies):

Name: Title:

FLNRO LEASE Page 98 of 204 Agenda Item # 7.1.4

Page 7 of 32

SCHEDULE A

DESCRIPTION AND PLAN OF PREMISES

FLNRO LEASE Page 99 of 204 Agenda Item # 7.1.4

Page 8 of 32

SCHEDULE B

ADDITIONAL TERMS & PROVISIONS

B.1 Conflicts

To the extent that any provision of this Schedule B conflicts with any other provision in this Lease, the provision in this Schedule B will prevail.

B.2 Cost of Field Surveys and Plan Preparation

The Landlord and Tenant agree that the Tenant will pay, as Additional Rent, all costs associated with any survey field work and plan preparation that may be required and that such survey and plan preparation work must be completed by a qualified British Columbia land surveyor identified by the Landlord, provided that the surveyor is acceptable to the Tenant, acting reasonably.

B.3 Public Notice of Disposition of Land

Under section 26 of the Community Charter, before the Town of Smithers disposes of land or improvements, it must publish notice of the proposed disposition in accordance with section 94 of the Community Charter. The Tenant agrees to pay the costs associated with such notice as Additional Rent.

B.4 Insurance

The Landlord agrees to exempt the Tenant from the insurance requirements set out in Article 10 of this Lease and the provisions, terms and conditions of the Section 10.1 will be without force or effect and will not apply to the Tenant.

B.5 Payments in Lieu of Property Tax

The Landlord acknowledges that as a matter of law, the Tenant, being a representative of the Her Majesty the Queen in right of the Province of British Columbia, is exempt from paying property value taxes and instead pays grant‐in‐lieu of taxes.

B.6 Nuisance

The Landlord acknowledges that the Tenant’s use of the Premises includes emergency operations and helicopter operations and, so long as this Lease is in good standing, such emergency operations and helicopter operations will not be considered a nuisance under this Lease.

B.7 Tenant in Possession of Premises

The Tenant is currently in possession of the Premises and accepts the Premises and any Improvements in their present condition on an "as is where is" basis in all respects including, but not limited to, the environmental condition of the Premises.

FLNRO LEASE Page 100 of 204 Agenda Item # 7.1.4

Page 9 of 32

PART 2 - STANDARD LEASE TERMS

The following provisions constitute the PART 2 – STANDARD LEASE TERMS referred to in Section 3.2 of PART 1 - LEASE

5. DEFINITIONS

In this Lease, the following words, phrases and expressions are used with the meanings defined as follows:

“Additional Rent” means all sums payable by the Tenant to the Landlord pursuant to this Lease other than Minimum Rent:

“Airport” means the Smithers Regional Airport in the Province of British Columbia;

“Airport Authority” means the Smithers Regional Airport;

“Airport Fees” means all charges and fees of every nature and kind assessed by the Airport Authority or the Landlord against the Tenant, or incurred by the Tenant or on behalf of the Tenant, whether pursuant to this Lease or otherwise with respect to the Tenant’s use of the Airport including, but not limited, to landing fees;

“Basic Terms” means those terms set out in Article 1 of this Lease, some of which are more particularly defined in this Article 5;

“Commencement Date” means the date set out in Section 1.1;

“Contaminants” means any explosives, radioactive materials, asbestos materials, urea formaldehyde, chlorobiphenyls, hydrocarbon contaminants, underground storage tanks, pollutants, contaminants, hazardous, corrosive or toxic substances, special waste or waste of any kind or any other substance the storage, manufacture, disposal, treatment, generation, use, transport, remediation or release into the environment of which is prohibited, controlled, regulated or licensed under Environmental Laws;

“CPI” means the all-items Consumer Price Index for British Columbia published from time to time by Statistics Canada or its successor or, in the event that such index is no longer published, such replacement index that most closely fulfils the same function;

“Environmental Laws” means any and all statutes, laws, regulations, treaties, resolutions, ordinances, requirements, directions, authorizations, permits, orders and other lawful requirements of any governmental authority having jurisdiction over the Airport and the Lease Area now or hereafter in force with respect in any way to the environment, health or occupational health and safety;

“Environmental Report” means an environmental report from an independent environmental consultant, designated or approved by the Landlord, verifying that the Premises are free of Contaminants or, to the extent that Contaminants have been in, on or under the Premises, verifying the nature and extent of the Contaminants in, on, under or migrating from the Premises and advising of the recommended method of containment, disposal, storage or remediation of the Contaminants in order to comply with Environmental Laws;

“Force Majeure Event” means anything beyond the reasonable control of a party, including:

(i) fire, flood, explosion, mass power failure, any other natural disaster;

FLNRO LEASE Page 101 of 204 Agenda Item # 7.1.4

Page 10 of 32

(ii) riot, war, rebellion, sabotage, vandalism and atomic or nuclear incidents; or

(iii) judicial or government decree; or

(iv) other cause beyond the control of such party

but does not include:

(v) lack of funds or other financial circumstances of a party on its ability to perform under this Lease; or

(vi) weather or other temporary interruption of less than seven (7) days;

“Improvements” means anything made, constructed, erected, built, altered , repaired or added to, in, on, under or within the Premises and attached to them or intended to become a part of them including, without limitation, hard landscaping and all necessary services and ancillary facilities, together with all replacements, alterations, additions, changes, substitutions, improvements, or repairs to them and all other fixtures, improvements, installations, alterations, and additions from time to time constructed upon or affixed or appurtenant to the Premises;

“Indemnified Parties” means the Landlord, its appointed and elected officials, officers, employees, agents, successors and assigns;

“Losses” means claims, demands, actions, causes of action, damages, losses, costs, fines, liabilities, expenses, including reasonable professional fees and costs, and other proceedings;

“Minimum Rent” means the rent set out in Section 1.2 and payable in accordance with Article 7 of this Lease;

“Notice” includes requests, demands, designations, statements or other writings in this Lease required or permitted to be given by the Landlord to the Tenant or by the Tenant to the Landlord and all writs, originating notices of motion, affidavits and any other ancillary documents in support of all legal proceedings;

“PART 1” means PART – 1 LEASE of this Lease;

“PART 2” means PART 2 – STANDARD LEASE TERMS of this Lease;

“Premises” means that part of the Airport described as the Premises in Section 1.1;

“Property Taxes” means all real estate taxes and utilities, assessments, rates and charges and other government imposition, general or special, ordinary or extraordinary, foreseen or unforeseen, of every kind (including assessments for local or public improvement and school taxes) which may at any time during the Term be imposed, assessed or levied in respect of the Premises;

“Regional District” means the Regional District of Bulkley Nechako;

“Rent” means Minimum Rent and Additional Rent;

“Rules and Regulations” means the rules and regulations attached to this Lease as Appendix I and all amendments and additions made by the Landlord in accordance with this Lease;

FLNRO LEASE Page 102 of 204 Agenda Item # 7.1.4

Page 11 of 32

“Term” means the period of time set out in Section 1.1; and

“Year” means a 12-month period commencing with the Commencement Date, if the Commencement Date is the first day of a month, and otherwise commencing on the first day of the month following the Commencement Date and ending on the day immediately prior to the anniversary of that date PROVIDED that the last Year will end on the last day of the Term.

6. QUIET ENJOYMENT, IMPROVEMENTS AND ACCESS

6.1 Quiet Enjoyment

The Landlord covenants with the Tenant for quiet enjoyment of the Premises for so long as the Tenant is not in material default under this Lease and except as otherwise provided in this Lease.

6.2 Construction of Improvements on the Premises

Subject to Section 11.2(a) of Part 2, the Tenant acknowledges that the Premises are delivered to the Tenant in an "as is" condition and any Improvement made to the Premises by the Tenant at any time during the Term to make the Premises suitable for the operations of the Tenant under this Lease will be at the work, cost and expense of the Tenant and to the satisfaction of the Landlord. If the Tenant wishes to construct additional facilities, the Tenant covenants that it will, at its own cost, design, install and construct on the Premises such Improvements in accordance with the terms and provisions of this Lease.

6.3 Licence

The Landlord, grants to the Tenant for the Term as an appurtenant part of this Lease for use by the Tenant and its agents, customers, employees, invitees and servants, in common with the Landlord and other tenants of the Landlord and their respective agents, customers, employees, invitees, licensees and servants, the non-exclusive licence to use such parts of the Airport set aside by the Landlord for roadways, taxiways, airport service roads, pedestrian walkways and all public areas of the Airport including runways as designated by the Landlord from time to time, for public access and ingress to and egress from the Premises, all subject to the terms of this Lease, the Rules and Regulations and any limitations imposed from time to time by the Landlord in respect of such use.

7. RENT

7.1 Net Lease

It is the intention of the Landlord and Tenant that all expenses, costs, payments and outgoings incurred in respect of the Premises and any Improvements or for any other matter or thing affecting the Premises, will be borne by the Tenant and, unless expressly stipulated to the contrary, the Rent will be absolutely net to the Landlord and free of any abatements, set-off or deduction of Property Taxes, Airport Fees, charges, rates, assessments, expenses, costs, payments or outgoings of every nature arising from or related to the Premises or the Improvements and, unless expressly stated to the contrary, the Tenant will pay or cause to be paid all such taxes, fees, charges, rates, assessments, expenses, costs, payments and outgoings.

7.2 Minimum Rent

Minimum Rent during the Term will be the amounts set out in Section 1.2 of this Lease payable by the Tenant to the Landlord in full, in advance and on an annual basis beginning on the Commencement Date and thereafter on the anniversary of the Commencement Date each Year of

FLNRO LEASE Page 103 of 204 Agenda Item # 7.1.4

Page 12 of 32

the Term. If the Commencement Date is not the first day of a calendar month, then the Tenant will pay on such Commencement Date as an installment of Minimum Rent for the period from the Commencement Date to the last day of that calendar month inclusive, an amount calculated by dividing the annual Minimum Rent for the Year 1 by three hundred and sixty-five (365) and multiplying by the number of days from the Commencement Date to the last day of the calendar month and such installment will be in addition to the Minimum Rent payable for Year 1 and the first regular installment of Minimum Rent for Year 1 must be paid on the first day of the calendar month next following the Commencement Date.

7.3 Pro Rata Adjustment of Rent

All Rent will be deemed to accrue from day to day, and if for any reason it becomes necessary to calculate Rent for irregular periods of less than one year or one month, as the case may be, an appropriate pro rata adjustment will be made in order to calculate rent for such irregular period.

7.4 Payments Generally

All payments by the Tenant to the Landlord of whatsoever nature required or contemplated by this Lease, including but not limited to Rent, taxes, utility charges, fees, costs and expenses, will be:

(a) paid to the Landlord by the Tenant in lawful currency of Canada;

(b) made when due hereunder, without prior demand therefore and without any set-off, compensation or deduction whatsoever, at the office of the Landlord at the Airport or such other place as the Landlord may designate from time to time in writing to the Tenant;

(d) deemed to be rent, in partial consideration for which this Lease has been entered into, and will be payable and recoverable as rent, such that the Landlord will have all rights and remedies against the Tenant for default in making any such payment which may not be expressly said to be rent as the Landlord has for default in payment of rent; and

(e) subject to an overdue charge if any such payment is not made when due, which charge will be Additional Rent equal to 12% interest per annum of the overdue amount payable, all without prejudice to any other right or remedy of the Landlord.

7.5 Additional Rent

The Tenant must pay to the Landlord all sums payable as Additional Rent in the amounts and at the times provided for in this Lease.

7.6 Airport Fees

If the Tenant fails to pay Airport Fees in accordance with Section 1.4 of this Lease, the Landlord may pay the same on behalf of the Tenant and the same will become due and be payable by the Tenant to the Landlord as Additional Rent.

7.7 Adjustment of Rent

If the amount of Rent at any time payable under his Lease is subject to a revision which is dependent upon a computation or determination to be made pursuant to any provision of this Article 7 or Article 8, but which has not yet been made, and if consequently the amount of the revision of the Rent cannot yet be ascertained (as, for example, revised Minimum Rent) the Tenant will, pending the making of the computation, continue to pay Rent equal to the amount payable in the

FLNRO LEASE Page 104 of 204 Agenda Item # 7.1.4

Page 13 of 32

period immediately preceding the date from which the revision of rent is to be computed or determined, and when the revised Rent has been ascertained, the Tenant will pay to the Landlord the amount by which the Rent as recomputed exceeds the amount actually paid during the period between the revision and the computation or the Landlord will refund to the Tenant the amount of any overpayment within thirty (30) days of such ascertainment. No interest is payable by the Tenant on the amount paid to the Landlord if it is paid within 10 days of ascertainment.

8. PERIODIC MINIMUM RENT ADJUSTMENT

8.1 Rent Review and Adjustment

(a) Following the first five years of the Term and before the commencement of Year 6 and for each subsequent five year period of the Term, the Landlord will fix and determine the Minimum Rent based on the fair market rent for premises of similar size, quality, use and location as the Premises, having regard to the terms and conditions of this Lease, but without regard to the value of any Improvements constructed by or on behalf of the Tenant. The Landlord will provide the Tenant with supporting market evidence prior to any increase in the Minimum Rent outlined above.

(b) In no event will the Minimum Rent for any Year be less than the Minimum Rent for Year 1.

(c) If the Tenant disputes the amount of Minimum Rent established by the Landlord for any Year after Year 5, the parties agree to refer the matter to binding arbitration before a single arbitrator in accordance with the provisions of the Arbitration Act of British Columbia. The rules of the British Columbia International Commercial Arbitration Centre will apply and the parties will share equally the costs of arbitration.

9. TAXES UTILITIES, CHARGES

9.1 Tenant's Taxes

The Tenant will pay promptly when due all business, sales, machinery, equipment and all other taxes assessments, charges and rates, as well as any permit or licence fees, attributable to the Premises or the Premises, business, sales, or income of the Tenant in respect of the business carried on by the Tenant from the Premises, including applicable taxes payable on Rent or any other fees payable by the Tenant.

9.2 Property Taxes

The Tenant will pay during the Term before any fine, penalty, interest or costs accrue for the nonpayment thereof all Property Taxes. The Tenant may take advantage of any provisions of law whereby Property Taxes may be paid by installments or deferred for some portion of the fiscal year to which they relate, provided that no fine, penalty or cost is incurred except accrued interest on the unpaid balance of the taxes. If the Tenant fails to pay any Property Taxes as set out in this Section 9.2, the Tenant must pay any fine, penalty, interest and expense arising from such failure.

9.3 Utilities

Should the Tenant choose to connect to municipal services described below, subject to the terms of any site servicing agreement that may be entered into by the Tenant and the Landlord concurrently with the granting of this Lease, the Tenant will, at the cost and expense of the Tenant, be responsible for the installation and maintenance of the connecting system to all utilities and services, including to the Landlord's roads, water, sanitary sewerage and storm sewerage system at the nearest point of connection (as agreed between the Landlord and the Tenant) and the

FLNRO LEASE Page 105 of 204 Agenda Item # 7.1.4

Page 14 of 32

Tenant will pay or cause to be paid when due all charges for gas, electrical, light, heat, water, telephone, garbage, sanitary sewer and waste disposal used on or supplied to the Premises through the Term.

9.4 Regional District / Town Charges

The Tenant will pay, within 30 days of demand, to the Landlord as Additional Rent, such amounts that are paid by the Landlord on behalf of the Tenant for development costs, charges, building or development permits fees, inspection fees, license fees and other Regional District and Town of Smithers’ charges applicable to the Premises provided that any such charges paid by the Landlord to the Town of Smithers will be standard charges which would be chargeable to any other owner, developer or tenant of land within the Town of Smithers.

10. INSURANCE

10.1 Tenant’s Insurance

(a) The Tenant must, during the whole of the Term and during such other time as the Tenant occupies the Premises, obtain and maintain the following insurance, in such form, with content and deductible satisfactory to the Landlord and with such companies as the Landlord may reasonably approve:

(1) liability insurance by way of one or more policies covering the risks of third party bodily injury (including death) and property damage and applying to the combined operations or activities of the Tenant carried on from the Premises which will include general liability of the Tenant and liability specific to the operations of an airport, fuel storage, fuel use and custody and control of aircraft, in an amount not less than Five Million Dollars ($5,000,000) Dollars inclusive per occurrence, or such higher amount as the Landlord may from time to time reasonably require. Where aviation insurance policies are issued separately, each such policy shall be in an amount not less than Five Million Dollars ($5,000,000) Dollars inclusive per occurrence with a sublimit for general liability of not less than Five Million Dollars ($5,000,000) inclusive per occurrence, and where a commercial general liability policy is issued separately such policy shall be in an amount not less than Five Million Dollars ($5,000,000) inclusive per occurrence, or such higher amounts as the Landlord may from time to time reasonably require for any of the separate polices. Such policy or policies must include coverage for contractual liability, contingent employers liability, owned and non-owned automobile liability with respect to the occupancy of the Premises.

(2) pollution legal liability insurance, covering the risks of gradual pollution and sudden and accidental pollution, applying to the operations or activities of the Tenant carried on from or occurring in the Premises, in an amount not less than Five Million Dollars ($5,000,000) per occurrence, or such higher amount as the Landlord may from time to time reasonably require;

(i) all risks property insurance covering the loss of all buildings, improvements, furniture, Tenant fixtures and all other contents of the Premises to their full insurable replacement value against risk of fire, lightning, tempest, earthquake, loss, theft and other risks against which a prudent owner would insure;

FLNRO LEASE Page 106 of 204 Agenda Item # 7.1.4

Page 15 of 32

(ii) boiler and machinery insurance on such boilers and pressure vessels as may be installed by, or under the exclusive control of, the Tenant in the Premises; and.

(iii) such other insurance in such amounts and upon such terms as the Landlord may reasonably determine from time to time. : (b) The policies of insurance referred to in this Article 10 must:

(i) name the Landlord as an additional insured with respect to legal liability arising vicariously from the Operations of the Tenant;

(ii) name the Landlord as an additional insured as their interest may appear;

(iii) contain a "cross liability" clause and a waiver of subrogation clause in favour of the Landlord; so that the Landlord and the Tenant may be insured in the same manner and to the same extent as if individual policies had been issued to each;

(iv) for the Tenant's benefit only, include contractual liability insurance in a form and of a nature broad enough to insure the obligations imposed upon the Tenant under the terms of this Lease;

(v) contain a provision or bear an endorsement that the insurer will give at least 30 days prior written notice of cancellation to the Landlord;

(vi) contain a clause to the effect that any release from liability entered into by the Tenant prior to any loss will not affect the right of the Tenant or the Landlord to recover;

(vii) provide that the Landlord is protected notwithstanding any act, neglect or misrepresentation of the Tenant which might otherwise result in the avoidance of a claim under such policies and that such policies will not be affected or invalidated by any act, omission or negligence of any third party which is not within the knowledge or control of the Landlord; and

(viii) provide that coverage under such policies will be primary and non-contributing with respect to any policies carried by the Landlord and that any coverage carried by the Landlord will be excess coverage.

(c) If the Tenant at any time during the Term fails to obtain or maintain or defaults in the payment of any premiums of any insurance referred to in this Article, the Landlord may, but is not obligated to, obtain and maintain such insurance as the Landlord deems advisable and the Tenant must pay the Landlord for such insurance as Additional Rent within 30 days.

(d) Upon request, the Tenant will promptly provide the Landlord with a Certificate of Insurance of all policies of insurance required under this Agreement.

(e) Prior to execution of this Lease and annually thereafter on or before the anniversary the Commencement Date, the Tenant must submit to the Landlord one of the following documents:

(i) the policy or policies of insurance, in the form and to the limits specified in this Lease;

(ii) certified copies of all policies of insurance;

FLNRO LEASE Page 107 of 204 Agenda Item # 7.1.4

Page 16 of 32

(iii) Certificate(s) of Insurance; or

(iv) an affidavit(s) from its insurance company(s) confirming that proper insurance coverage is in place conforming to the requirements of this Lease.

(f) The Tenant must not do or omit to do or suffer anything to be done or omitted to be done on the Premises which will in any way impair or invalidate such policy or policies of insurance.

11. USE & OCCUPATION

11.1 Use

The Tenant will use the Premises solely for the use authorized by Section 1.5 of this Lease.

11.2 Environmental Matters

(a) The Landlord makes no representations or warranties in respect of the state or condition of the Premises and the Tenant acknowledges and agrees that the Landlord, either itself or through its officers or agents, has not made and that the Tenant has not relied upon, any representations from the Landlord, its officers or agents as to:

(i) the suitability of the Premises for use by the Tenant;

(ii) the existence, nature or extent of any Contaminants on, in or under the Premises; or

(iii) the need to take any remedial action in relation to any Contaminants on, in or under the Premises.

(b) The Tenant hereby assumes any and all duties, obligations and liabilities arising from its use or occupation of the Premises under any and all Environmental Laws, and any costs, expenses or liabilities for any assessment or remedial action for any Contaminants on, in or under the Premises caused or contributed to by the Tenant whether during the Term or prior to the Commencement Date.

(c) If the Tenant has brought or brings or created or creates upon the Premises any Contaminants then, notwithstanding any rule of law to the contrary, such Contaminants will be and remain the sole and exclusive property of the Tenant and will not become the property of the Landlord, notwithstanding the degree of affixation of the Contaminants or the goods containing the Contaminants to the Premises, Improvements or Airport and notwithstanding the expiry or earlier termination of this Lease.

(d) The Tenant will conduct its business and affairs on the Premises in a prudent and responsible manner with all due care and due diligence, following best management practices with respect to Contaminants and complying with all Environmental Laws.

(e) The Tenant acknowledges and agrees that no additional underground storage tanks of any kind are permitted within the Premises other than those (if any) described in Section 1.5.

(f) The Tenant will ensure that any Improvements, including any storage tank systems installed upon the Premises, meet or exceed best environmental management practices and comply with Environmental Laws and the Tenant will, upon reasonable prior notice to the Tenant, permit the Landlord reasonable access to records relating to the operation and maintenance of such Improvements.

(g) The Tenant will immediately notify the Landlord, and provide to the Landlord such

FLNRO LEASE Page 108 of 204 Agenda Item # 7.1.4

Page 17 of 32

information as is available to the Tenant of:

(i) the existence of any Contaminants or any occurrence or condition on, in or under the Premises, the Improvements or any real property adjoining or in the vicinity of the Premises which could subject the Tenant, the Landlord or the Airport Authority to any fines, penalties, orders or proceedings under Environmental Laws; or

(ii) any failure of the Tenant to comply with any Environmental Laws;

(iii) any enforcement, order, investigation, litigation or other governmental, regulatory, judicial or administrative action instituted, contemplated or threatened against the Tenant or the Lease Area pursuant to Environmental Laws; and

(iv) any claims, actions, order or investigations, made or threatened against the Tenant or the Premises relating to damage, contribution, cost recovery, compensation, loss or injuries resulting from any Contaminants brought onto or created on the Premises by the Tenant or its employees, agents, contractors, subtenants, licensees or invitees or arising from the use or occupation of the Premises or the exercise of the Tenant’s rights hereunder, or any breach of any Environmental Laws arising from any of the foregoing.

(h) The Tenant will not discharge, or permit to be discharged from the Premises, any Contaminants by any person for whom the Tenant is responsible or allow any Contaminants to pass from the Premises into the sewer systems, storm drains or surface drainage facilities within the Airport.

(i) The Tenant will install and maintain at its cost, such grease, oil, glycol and sand interceptors of a type and capacity as reasonably required by the Landlord. . (j) If at any time during the Term, Contaminants are discharged on, in, under or from the Premises or there is a breach of Environmental Law arising out of the Tenant's operations which the Tenant has failed or refused to address and if, in the reasonable opinion of the Landlord, it is necessary in order to minimize any damages, expenses, penalties and related fees or costs, arising from such Contaminants, the Landlord, in addition to any other rights and remedies under this Lease, may, upon reasonable prior notice to the Tenant, enter the Premises including any Improvements on the Premises, and take necessary measures to minimize such damages, expenses, penalties and related fees and costs, and to ensure compliance with Environmental Laws, and the Tenant shall reimburse the Landlord’s reasonably incurred costs in doing so.

(k) If requested by the Landlord, the Tenant will not later than six (6) months prior to the end of the Term obtain and deliver to the Landlord, at the Tenant’s cost, an Environmental Report reasonably satisfactory to the Landlord and comprising a full closure report to determine the environmental condition of the Premises and the Tenant will remediate any Contamination identified in such Environmental Report to a standard acceptable to the Landlord, acting reasonably.

(l) Notwithstanding the foregoing subsection (l), the Landlord will hold harmless and indemnify the Tenant from any costs, penalties, or regulatory requirements arising from Contaminants that both pre-exist the Tenant’s use or occupation of the Premises and that the Tenant, the Province of British Columbia or any of its elected officials, officers, employees, agents, invitees, successors or assigns did not cause or contribute toward.

(m) The provisions of this Section 11.2 will survive the expiration of this Lease.

11.3 Airport Security

FLNRO LEASE Page 109 of 204 Agenda Item # 7.1.4

Page 18 of 32

The Tenant acknowledges that the security obligations of the Landlord and the Tenant are established and governed by the Aeronautics Act of Canada and the Canadian Aviation Security Regulations, as amended or replaced from time to time. The Tenant will comply with such Act and such Regulations and with the Landlord's reasonable security measures as provided in the Rules and Regulations, including but not limited to those relating to restricted area passes, personnel identification systems and security clearance procedures, and will pay to the Landlord on demand all charges levied by the Landlord for those security measures, which charges will be based on a reasonable estimate of the Landlord’s actual costs in that regard. The Landlord agrees to act reasonably in seeking to apportion such costs between commercial users.

11.4 Additional Rights of the Landlord

The Landlord reserves the right to grant licences, rights of way or privileges to others on, over, under, through or across the Premises, provided however, that such licences, rights of way or privileges are not detrimental to the Tenant’s use of the Premises and will not damage or disrupt permanently any Improvements, will not impose any cost upon the Tenant and will not weaken, diminish or impair the security of this Lease. The Landlord agrees to consult with the Tenant prior to any proposed grant of licence, right of way or privilege in order to ensure that the quiet enjoyment of the Tenant will not be unduly disrupted by such grant.

12. RULES AND REGULATIONS

12.1 Rules & Regulations

(a) The Landlord may amend the Rules and Regulations attached as Appendix I from time to time and provided that such amended Rules and Regulations are not inconsistent with this Lease. The Landlord will provide thirty (30) days written notice on any amendments to the Rules and Regulations to the Tenant.

(b) All Rules and Regulations now or hereafter in force must in all respects be observed and performed by the Tenant and its agents, concessionaires, contractors, suppliers, employees, licensees and subtenants and the Tenant will cause such observance and performance.

(c) For the enforcement of all Rules and Regulations, the Landlord will have available to it all remedies in this Lease provided for a breach of any provision hereof and all legal rights and remedies available at law and in equity.

(d) The Landlord will not be responsible to the Tenant for the non-observance or violation by any other tenant or person of the Rules and Regulations but the Landlord will use reasonable efforts to uniformly apply the Rules and Regulations.

13. TENANT'S OBLIGATIONS

13.1 Signs

The Tenant may erect, install and maintain exterior signs of a kind and size and in a location, all as first approved by the Landlord, acting reasonably, publicizing the Tenant's operations. All signs as well as the advertising practices of the Tenant must comply with the applicable Rules and Regulations. The Tenant must not erect, install or maintain any sign other than in accordance with this Section 13.1 unless such signage is for interior use only, provided that "interior signs" mean signs not visible or intended to be visible from the outside of a building.

FLNRO LEASE Page 110 of 204 Agenda Item # 7.1.4

Page 19 of 32

13.2 Compliance with Laws

The Tenant will carry on and conduct its business from the Premises in such manner as to comply with any and all statutes, by-laws, rules and regulations of any federal, provincial, municipal or other competent authority for the time being in force including, but not limited to, Environmental Laws, and will not do anything upon the Premises in contravention of such statutes, by-laws, rules and regulations.

13.3 Nuisance

The Tenant must not do or omit or permit to be done or omitted any act or thing that is or could damage the Airport or constitute a nuisance to or injure or impede the business or operations of the occupiers of any lands or premises adjoining or in the vicinity of the Premises or to the public generally.

13.4 Tenant's Repairs

The Tenant must maintain and keep all buildings and Improvements on the Premises in a good state of repair, excepting only reasonable wear and tear.

13.5 Inspect Premises and View Repair and Contamination

(a) The Landlord may enter the Premises at any reasonable time with 24 hours’ notice during business hours and at any time during any emergency to:

(i) inspect and view the state of repair of the Premises and any Improvements;

(ii) Inspect the Premises and any Improvements to determine compliance with Environmental Laws

and the Tenant must co-operate with the Landlord.

(b) In the event the Landlord identifies the Premises or any Improvements that require maintenance or repair, the Landlord may provide the Tenant with written notice and the Tenant must undertake the maintenance and repairs according to the notice, and subject to the terms and conditions of this Lease.

(c) In the event the Landlord identifies or suspects any Contamination on, in, under or from the Premises arising from, caused by or contributed to by the Tenant’s use or occupation of the Premises, the Landlord may require the Tenant to provide the Landlord with an Environment Report reasonably satisfactory to the Landlord and require the Tenant to remediate any Contaminants identified in such Environmental Report to a standard acceptable to the Landlord, acting reasonably.

(d) Notwithstanding the foregoing subsection (c), the Landlord will hold harmless and indemnify the Tenant from any costs, penalties, or regulatory requirements arising from Contaminants that both pre-exist the Tenant’s use or occupation of the Premises and that the Tenant, the Province of British Columbia or any of its elected officials, officers, employees, agents, invitees, successors or assigns did not cause or contribute toward.

14. ALTERATIONS, FIXTURES, IMPROVEMENTS, EXPROPRIATION

14.1 Tenant's Alterations

(a) The Tenant must not make or cause to be made any alterations, additions or

FLNRO LEASE Page 111 of 204 Agenda Item # 7.1.4

Page 20 of 32

Improvements or erect or cause to be erected any building or buildings on the Premises without first obtaining the Landlord's written consent, which consent will not be unreasonably withheld.

(b) When seeking the Landlord's consent as required by this Section 14.1, the Tenant must present to the Landlord plans and specifications of the proposed alterations, additions or Improvements, and may not commence work until the Tenant has received the written Landlord's consent.

(c) The Tenant must promptly pay all contractors, material suppliers and workmen so as to minimize the possibility of a lien attaching to the Premises or the Airport and should any claim of lien be made or filed the Tenant must discharge the same in accordance with Section 16.3.

(d) All work to be performed by or on behalf of the Tenant on the Premises must be performed in accordance with the requirements, terms and conditions specified in any consent given by the Landlord, by competent contractors and subcontractors.

(e) The Tenant must perform and comply with the following covenants and in the construction, installation, removal and replacement of any Improvements:

(i) all necessary permits and licences must be obtained and all legal requirements pertaining to the conduct of the work must be complied with;

(ii) the construction work must be conducted in a timely, good and workmanlike manner and otherwise in accordance with the provisions of this Lease;

(iii) the Tenant must properly supervise the work;

(iv) the Tenant must require any contractor engaged in the work to furnish and maintain performance bonds and commercial general liability insurance and aviation general liability insurance, written on an occurrence basis, in an amount, form and with content and deductible satisfactory to the Landlord, and the Tenant must provide copies of such performance bonds and insurance to the Landlord before the contractor may commence any work on the Premises;

(v) the Landlord and its agents and engineers and any other person designated, from time to time, by the Landlord, will at all times have the right to inspect the work and to protest to the Tenant or to its architect or engineer any default or non-compliance with this Lease, and the Tenant must forthwith deal with the protest and remedy any default or noncompliance;

(vi) the Landlord may require the Tenant at its own expense to submit at reasonable intervals certificates of the Tenant’s architect or engineer of the standing of the work, the existence and extent of any faults or defects, the value of the work then done and to be done under any contract, the amount owing to any contractor and the amounts paid or retained by the Tenant on any contract, and the Tenant must also, whenever requested by the Landlord, furnish copies or certificates furnished to it by contractors or by the Tenant’s architect or engineer in connection with construction; and

(vii) the Tenant must supply the Landlord with one complete and accurate copy in such form as prescribed from time to time by the Landlord (which may include computer diskette and/or pdf ) of the as-built drawings of any work performed by or on behalf of the Tenant no later than sixty (60) days following the completion of such work.

FLNRO LEASE Page 112 of 204 Agenda Item # 7.1.4

Page 21 of 32

14.2 Vesting and Removal of Improvements

(a) The Landlord and the Tenant agree that title to and ownership of all Improvements which are constructed or installed by and at the cost of the Tenant either before or during the currency of this Lease, and all alterations, additions changes, substitutions or repairs to such Improvements, will, at all times be vested in the Tenant who will have the right during the Term to construct, install, remove and replace such Improvements subject to Subsection 14.1(a) and provided that the Tenant, prior to or upon the termination or expiry of the Term and at the Tenant’s cost, repairs all damage to the Premises caused by the removal of such Improvements and restores the Premises to the condition it was in prior to the installation of such Improvements, despite any rule or law as to the immediate vesting of the title to and ownership of the Improvements in the Landlord as owner of the freehold. The title to and ownership of all such Improvements will not pass to or become vested in the Landlord until the expiration or termination of the Term either by forfeiture, default, or lapse of time under the terms of this Lease, in which event, all Improvements on the Premises will become the absolute property of and vest absolutely in the Landlord free from of all encumbrances and without any payment of compensation to the Tenant.

(b) Despite Subsection (a), the Landlord will have the option of requiring or compelling the Tenant, upon written notice effective as of the expiration or termination of the Term either by forfeiture, default, or lapse of time under the terms of this Lease, to remove all those Improvements designated by the Landlord in such notice and the Tenant will be bound to remove such Improvements from the Premises and repair all damage to the Premises caused by such removal, all at the cost and expense of the Tenant without any right on the part of the Tenant to seek compensation for any reason whatsoever. The Landlord will not unreasonably require the demolition of permanent structures in commercially reasonable states of repair nor where the intention of demolition is to pursue other airport development.

14.3 Expropriation

(a) If during the Term, title is taken to the whole or any part of the Airport (whether or not such part includes the Premises) by any competent authority under the power of eminent domain or by expropriation, which taking, in the reasonable opinion of the Landlord does not leave a sufficient remainder to constitute an economically viable facility, the Landlord may at its option, terminate this Lease on the date possession is taken by or on behalf of such authority. Upon such termination, the Tenant will immediately deliver up possession of the Premises, Rent will be payable up to the date of such termination and the Tenant will be entitled to be repaid by the Landlord any Rent paid in advance and unearned or an appropriate portion thereof.

(b) In the event of any such taking, the Tenant will be entitled to advance its claim for compensation for the loss of its respective interests and to receive and retain such compensation as may be awarded.

(c) The provisions of this Section 14.3 will apply in the case of expropriation unless the expropriating authority permits otherwise.

15. ASSIGNMENT, SUBLETTING, SALE OR MORTGAGE

15.1 Assignment and Subletting

(a) The Tenant may not transfer or encumber any interest in this Lease or assign this Lease or

FLNRO LEASE Page 113 of 204 Agenda Item # 7.1.4

Page 22 of 32

sublet or license the whole or any part of the Premises or part with possession of the Premises or any part thereof unless it first requests and obtains the consent of the Landlord.

(b) The Tenant must furnish to the Landlord all information available to the Tenant and reasonably requested by the Landlord as to the responsibility, reputation, financial standing and business of the proposed assignee, subtenant or licensee. The Landlord's consent to the proposed assignment, sublease or license will not be unreasonably withheld, so long as the proposed assignment or sublease complies with this Lease.

(c) Notwithstanding any assignment, sublease or licence, the Tenant will remain fully liable on this Lease and will not be released from performing any of the terms, covenants and conditions of this Lease during the Term and any renewal.

(d) If the Lease is assigned or if the Premises or any part is sublet or occupied by anybody other than the Tenant, the Landlord may collect Rent directly from the assignee, subtenant or occupant and apply the net amount collected or the necessary portion thereof to the Rent reserved under this Lease.

(e) No assignment, sublease or licence may be made or proposed other than to responsible persons, firms, partnerships or bodies corporate who are experienced and agree to carry on a business which is a permitted use under this Lease, and who undertake to perform and observe the obligations of the Tenant under this Lease by entering into an assumption agreement directly with the Landlord and by agreeing to provide all risks property and commercial general liability insurance in such form, in such amount and with content and deductible satisfactory to the Landlord.

(f) The prohibition against assigning, subletting or licensing without the consent required by this Section 15.1 will be construed to include a prohibition against any assignment, sublease or licence by operation of law.

(g) The consent by the Landlord to any assignment, sublease or licence will not constitute a waiver of the necessity for consent to any subsequent assignment, sublease or licence.

(h) Any document evidencing the Landlord's consent to any assignment, sublease, licence, mortgage charge, encumbrance, occupation, possession or transfer of the Premises will be prepared by the Landlord or its solicitors and the reasonable cost of all legal and other related professional services and expenses incurred by the Landlord (including the cost of examination, preparation, processing, negotiation, completion and administration thereof) together with a reasonable administrative charge determined by the Landlord, must be paid in full to the Landlord as Additional Rent and in any event prior to the Landlord executing the document.

(i) A certified true copy or signed original of any assignment must be delivered to the Landlord within seven (7) days of its execution.

15.2 Additional Conditions Restricting Encumbrances

(a) The Tenant may not mortgage or encumber its interest in this Lease without the consent of the Landlord, which consent will not be unreasonably withheld.

(b) No mortgage or encumbrance (by way of assignment, sublease or otherwise) of this Lease or the Tenant’s interest under this Lease or in the Premises may be made by the Tenant unless the following conditions have been complied with:

(i) the mortgagee or encumbrancer covenants with the Landlord to be bound by all

FLNRO LEASE Page 114 of 204 Agenda Item # 7.1.4

Page 23 of 32

the covenants and obligations of the Tenant under this Lease accruing from and after the date of possession as soon as the mortgagee or encumbrancer enters into possession of the Tenant’s interest, and for so long as the mortgagee or encumbrancer remains in possession and upon any exercise of any power of sale, the assignee of the mortgaged rights will covenant with the Landlord to perform all the Tenant’s obligations under this Lease arising from and after the date that the mortgagee or encumbrancer enters into possession.

(ii) A certified true copy or signed original of any mortgage or other encumbrance must be delivered to the Landlord within seven (7) days of its execution.

15.3 Sale by Tenant

The Tenant must not sell, transfer, sublet or assign any part of its leasehold interest in the Premises without having first obtained the Landlord's consent to assignment or subletting, as applicable, in accordance with this Article 15. Such approval will not be unreasonably withheld or delayed.

15.4 Sale by Landlord

The Landlord may sell or otherwise transfer all or part of its interest in the Airport and if the proposed purchaser or transferee of such interest will assume the Landlord's obligations under this Lease and agree that so long as such purchaser or transferee retains any interest in the Airport such purchaser or transferee will be bound by the provisions of the Lease, then the Landlord will, without any further act or instrument, be relieved of any obligation hereunder to the extent assumed by such purchaser or transferee.

16. INDEMNIFICATION & RELEASE

16.1 Tenant's Indemnity

(a) The Tenant will at all times indemnify and save harmless the Indemnified Parties from and against any and all Losses arising from or in any way connected to:

(i) the Tenant’s use or occupation of the Premises;

(ii) the breach, violation or non-performance by the Tenant of any covenant, term or provision of this Lease;

(iii) any injury (or death) occasioned to or suffered by any person or damage to any property, by reason of any wrongful act or omission, default or negligence on the part of the Tenant or any of its agents, concessionaires, contractors, employees, invitees or licensees in or about the Airport

except to the proportionate extent that such Losses were contributed to or caused by the negligence of any of the Indemnified Parties while acting within the scope of his or her duties or employment.

(b) The Tenant's obligation to indemnify the Landlord under this Section 16.1 Lease will survive the termination of this Lease, whether by effluxion of time or otherwise.

16.2 Release

Notwithstanding any provision of this Lease, the Landlord will not under any circumstances be liable or responsible in any way for:

FLNRO LEASE Page 115 of 204 Agenda Item # 7.1.4

Page 24 of 32

(a) any personal injury or consequential damage of any nature whatsoever that may be suffered or sustained by the Tenant or any other person, or any property belonging to the Tenant or any other person while such property is on or about the Premises or the Airport:

(i) caused by failure, by reason of breakdown or other cause, to supply adequate drainage, snow or ice removal, or by interruptions of any utility or elevator or escalator or other services, or by steam, water, rain, snow, or other substances leaking into, issuing or flowing into any part of the Premises or from the water, steam, sprinkler or drainage pipes or plumbing of the Airport or from any other place or quarter,

(ii) caused by anything done or omitted to be done by any other tenant of the Airport;

(iii) however caused, while such property is entrusted to the care and control of the Landlord;

(iv) however caused, if the Landlord, its agents, contractors or employees enter upon the Premises in the case of an emergency;

(v) resulting in any way from any act or omission by any officer, agent or employee of the Town of Smithers or the Regional District or any other competent authority related to a building permit process, construction inspection process or related processes;

(b) any loss or damage of any nature whatsoever, however caused, to books, records, files, money, securities, negotiable instruments, papers or other valuables of the Tenant;

(d) any loss against which the Tenant is obliged to insure against hereunder or has insured against.

(e) any loss or damage of any nature whatsoever, however caused to the Premises or any Improvement or property belonging to the Tenant or to any other person while such property is on or about the Premises;

(f) any business, economic or indirect loss or damage of the Tenant of any nature whatsoever, however caused; or

(g) any loss against which the Tenant is obliged to insure against under this Lease or has insured against.

16.3 Liens

The Tenant must, immediately upon demand by the Landlord, remove or cause to be removed and institute and diligently prosecute any action pertinent to, any builder’s or other lien or claim of lien for any work done or materials provided or services rendered for alterations, Improvements or repairs made by or on behalf of the Tenant to the Premises, noted or filed against or otherwise constituting an encumbrance on any title of the Landlord. Without limiting the foregoing obligations of the Tenant, the Landlord may, after such notice to the Tenant as the Landlord considers to be reasonable, cause the same to be removed, in which case the Tenant must pay to the Landlord, on demand, as Additional Rent the cost thereof, including the Landlord's legal costs.

FLNRO LEASE Page 116 of 204 Agenda Item # 7.1.4

Page 25 of 32

17. FORCE MAJEURE EVENT

A Force Majeure Event will suspend the contractual obligations impaired or affected by such event and will not terminate this Lease or any part of it and neither party will be deemed to be in default in respect of the performance of any of the terms, covenants and conditions of this Lease other than a term requiring the payment of any sum if the failure or delay in such performance is due to a Force Majeure Event. If either party is subject to a Force Majeure Event, it will give notice to the other party as soon as reasonably possible, and the parties will work together to cure any default in the Lease or other damages resulting.

18. DEFAULT, REMEDIES, TERMINATION

18.1 Default

If and whenever:

(a) the Tenant is in default in the payment of any money, whether hereby expressly reserved or deemed as rent, or any part thereof, and such default continues for ten business (10) days following notice by the Landlord requiring the Tenant to pay the same;

(b) the Tenant's leasehold interest under this Lease, or any goods, chattels or equipment of the Tenant located in the Premises, are taken or seized in execution or attachment, or if any writ of execution is issued against the Tenant, or the Tenant becomes insolvent or commits an act of bankruptcy or becomes bankrupt or takes the benefit of any Act that may be in force for bankrupt or insolvent debtors or become involved in voluntary or involuntary winding up, dissolution or liquidation proceedings, or if a receiver is appointed for the affairs, business, property or revenues of the Tenant;

(c) the Tenant fails to commence, diligently pursue and complete the Tenant’s work to be performed pursuant to this Lease or other agreement signed by the parties, or vacates or abandons the Premises, or fails or ceases to operate or otherwise ceases to conduct business from the Premises except for reasonable interruptions for maintenance, repair, and periodic seasonal or other shutdowns, or if the Tenant assigns or sublets other than as permitted by Sections 15.1 and 15.2, or fails to cure a default under Subsection 18.1(d) or moves or commences, attempts, or threatens to move its goods, chattels and equipment out of the Premises other than in the routine course of its business after fourteen (14) days following notice from the Landlord requiring that the Tenant remedy, correct or comply or, in the case of any such default which would reasonably require more than fourteen (14) days to rectify, unless the Tenant commences rectification to the satisfaction of the Landlord, acting reasonably, within the said fourteen (14) day notice period and after that promptly and diligently proceeds with the rectification of any such default to the satisfaction of the Landlord, acting reasonably; or

(d) the Tenant does not observe, perform or keep each and every of the covenants, agreements, stipulations, obligations, conditions and other provisions of this Lease to be observed, performed and kept by the Tenant and persists in such default, in the case of monetary payments, beyond the ten (10) business day period stipulated in Subsection 18.1(a) or, in the case of any other default, after fourteen (14) days following notice from the Landlord requiring that the Tenant remedy, correct or comply or, in the case of any such default which would reasonably require more than fourteen (14) days to rectify, unless the Tenant commences rectification to the satisfaction of the Landlord, acting reasonably, within the said fourteen (14) day notice period and after that promptly and diligently and continuously proceed with the rectification of any such default to the satisfaction of the Landlord, acting reasonably

FLNRO LEASE Page 117 of 204 Agenda Item # 7.1.4

Page 26 of 32

then, and in each of such cases, and at the option of the Landlord, this Lease may be terminated and the Term will then immediately become forfeited and void, and the Landlord may without notice or any form of legal process whatever forthwith re-enter the Premises or any part thereof and in the name of the whole repossess and enjoy the same as of its former estate, despite anything contained in this Lease to the contrary.

18.2 Landlord May Perform

If the Tenant fails to observe, perform or keep any of the provisions of this Lease to be observed, performed and kept by the Tenant, subject to rectification within the period set out in Subsection 18.1(d), the Landlord may, but will not be obliged to, at its discretion and without prejudice, rectify the default of the Tenant, whether or not performance by the Landlord on behalf of the Tenant is otherwise expressly referred to in the applicable section of the Lease. For such purpose the Landlord may make any payment and further or alternatively do or cause to be done such things as may be required including, but not limited to, entry upon the Premises. Any such performance by or at the behest of the Landlord will be at the risk and expense of the Tenant and the Tenant must pay to the Landlord, on demand, as Additional Rent the cost thereof together with an administration fee of 15% of such cost.

18.3 Distress

If and whenever the Tenant is in default in the payment of any money, whether hereby expressly reserved or deemed as Rent, the Landlord may, without notice or any form of legal process whatever, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment there from and or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises all notwithstanding any rule of law or equity to the contrary.

18.4 Costs and Interest

All costs, expenses and expenditures including the legal costs incurred by the Landlord as a result of any default by the Tenant will forthwith on demand be paid by the Tenant as Additional Rent together with interest, at the rate specified in Subsection 7.4(e) from the date any such costs, expenses and expenditures are incurred by the Landlord until the same are fully paid and satisfied.

18.5 Vacate Upon Termination, Survival

At the termination of this Lease, whether by effluxion of time or otherwise, the Tenant must vacate and deliver up possession of the Premises in the same condition as the Tenant is obliged to maintain the Premises and Improvements, subject to the exceptions from the Tenant's obligation to maintain and repair in accordance with Section 13.4, and subject to the Tenant's rights and obligations in respect of removal in accordance with Section 14.2, and the Tenant must surrender all keys to the Premises to the Landlord at the place then fixed for payment of Rent and must inform the Landlord of all combinations on locks, safes and vaults, if any, in the Premises.

18.6 Additional Rights of Re-Entry

If the Landlord re-enters the Premises or terminates this Lease, then:

(a) despite such termination or the Term becoming forfeited and void, the provisions of this Lease relating to the consequences of termination will survive;

(b) the Landlord may use such force as it may deem necessary for the purpose of gaining admittance to and retaking possession of the Premises and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for or in

FLNRO LEASE Page 118 of 204 Agenda Item # 7.1.4

Page 27 of 32

respect of any such forcible entry or any loss or damage in connection therewith or consequential thereupon;

(c) the Landlord may re-let the Premises or any part thereof for a term or terms which may be less or greater than the balance of the Term and may grant reasonable concessions in connection with re-letting the Premises; and

(d) the Tenant must pay to the Landlord on demand such reasonable expenses as the Landlord may incur or has incurred in connection with the re-entering, terminating, re- letting, collecting sums due or payable by the Tenant, realizing upon assets seized, including without limitation brokerage, legal fees and disbursements, and the expenses of keeping the Premises in good order, repairing the same and preparing them for re-letting.

18.7 No Waiver

No provision of this Lease will be deemed to have been waived by the Landlord unless a written waiver from the Landlord has first been obtained and without limiting the generality of the foregoing, no acceptance of Rent subsequent to any default and no condoning, excusing or overlooking by the Landlord on previous occasions of any default nor any earlier written waiver will be taken to operate as a waiver by the Landlord or in any way to defeat or affect the rights and remedies of the Landlord.

18.8 Remedies Cumulative

No reference to or exercise of any specific right or remedy by the Landlord will prejudice or preclude the Landlord from any other remedy, whether allowed at law or in equity or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Landlord may from time to time exercise any one or more of such remedies independently or in combination. Without limiting the generality of the foregoing, the Landlord will be entitled to commence and maintain an action against the Tenant to collect any Rent not paid when due, without exercising the option to terminate this Lease pursuant to Section 18.1.

18.9 Holding Over

(a) If the Tenant continues to occupy the Premises with the written consent of the Landlord after the expiration or other termination of the Term, then, without any further written agreement, the Tenant will be a monthly lessee at the aggregate of:

(i) a minimum monthly rent equal to the monthly Minimum Rent payable during the last Year of the Term; and

(ii) Additional Rent as provided in this Lease;

and subject always to all of the other provisions in this Lease insofar as the same are applicable to a month to month tenancy, and a tenancy from year to year will not be created by implication of law.

18.10 If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the Term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as Rent, an amount equal to the aggregate set forth above during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly and subject always to all of the other provisions of this Lease insofar as they are applicable to a tenancy at will, and a tenancy from month to month or from year to year will not be created by implication of law, provided that nothing in this Lease precludes the Landlord from taking action to recover possession of the Premises.

FLNRO LEASE Page 119 of 204 Agenda Item # 7.1.4

Page 28 of 32

18.11 Waiver of Rights of Redemption

The Tenant hereby expressly waives any and all rights of redemption or relief from forfeiture granted by or under any present or future laws in the event of the Tenant being evicted or dispossessed from the Premises for any cause, or in the event of the Landlord obtaining possession of the Premises or of the Tenant's goods and chattels on the Premises by reason of the default of the Tenant or otherwise.

18.12 Termination on Notice

Notwithstanding any other provisions of this Lease, either party may terminate this Lease by giving one hundred and eighty (180) days prior written notice to the other party.

19. GENERAL PROVISIONS

19.1 Approvals

No provision in this Lease requiring the Landlord's consent or approval will be deemed to have been fulfilled or waived unless the written consent or approval of the Landlord relating to the particular matter or instance has first been obtained and, without limiting the generality of the foregoing, no prior consent or approval and no condoning, excusing or overlooking by the Landlord on previous occasions when such a consent or approval was required will be taken to operate as a waiver of the necessity of such consent or approval whenever required under this Lease.

19.2 Relationship of the Parties

Nothing contained in this Lease will be deemed or construed by the parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties, it being understood and agreed that neither the method of computation of Rent nor any other provision contained in this Lease, nor any acts of the parties, will be deemed to create any relationship between the parties other than the relationship of landlord and tenant.

19.3 Sole Agreement

This Lease sets forth all of the warranties, representations, covenants, promises, agreements, conditions and understandings between the parties concerning the Premises and there are no warranties, representations, covenants, promises, agreements, conditions or understandings, either oral or written, express or implied, between them other than as set forth in this Lease.

19.4 Modification

Except as otherwise provided in this Lease, no subsequent alteration, amendment, change or addition to this Lease will bind the parties unless reduced to writing and signed by the parties. At the request of the Landlord, the Tenant must execute and deliver a modification agreement reflecting the changes in this Lease resulting from any alteration, amendment, change or addition agreed to between the Tenant and the Landlord.

19.5 No Brokerage Commission

As part of the consideration for the granting of this Lease, the Tenant represents and warrants to the Landlord that no broker or agent (other than any broker or agent authorized in writing by the Landlord) negotiated or was instrumental in negotiating or consummating this Lease. Despite the foregoing, any broker or agent of the Tenant will be paid by the Tenant and not the Landlord.

19.6 Applicable Law

FLNRO LEASE Page 120 of 204 Agenda Item # 7.1.4

Page 29 of 32

The Tenant will abide by and comply with all applicable lawful rules, regulations and bylaws of the federal, provincial and local governments and any other governing bodies and with all local police, health or fire regulations or bylaws, in any manner affecting the Airport.

19.7 Venue for Proceedings

Any proceedings taken in respect of this Lease, including any arbitration or court proceedings, will be at Smithers, British Columbia so long as such venue is permitted by law, and the Tenant will consent to any applications by the Landlord to change the venue of any proceedings taken elsewhere than Smithers, British Columbia.

19.8 Dispute Resolution

(a) Both parties will use their best efforts to resolve any dispute or difference of opinion under or in connection with this Lease by good faith, amicable negotiations on a “without prejudice” basis, and agree to provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate such negotiations.

(b) Subject to the Tenant’s right in Section 8.1 to require arbitration of disputes with respect to Minimum Rent for any Year after Year 5, if a dispute or difference of opinion is not resolved to the reasonable satisfaction of both parties within 30 calendar days after the commencement of negotiations, the dispute, upon the mutual agreement of the parties, may be submitted to binding arbitration before a single arbitrator in accordance with the provisions of the Arbitration Act. The rules of the British Columbia International Commercial Arbitration Centre, as amended from time to time, will apply. If the parties do not agree to arbitration, each party will be free to commence litigation without further notice.

19.9 Registration

Registration of this Lease is subject to the approval of the Town of Smithers approving officer. Subject to such approval, the Landlord will be responsible for the registration of this Lease in the Land Title Office, however, all costs of such registration including any survey costs and the preparation of any plans and documents necessary for such registration will be borne by the Tenant and payable as Additional Rent. Following registration, the Landlord will provide the Tenant with a registered copy of this Lease and accompanying survey plan.

19.10 Construed Covenant, Severability

All of the provisions of this Lease are to be construed as covenants and agreements. Should any provision of this Lease be or become illegal, invalid or not enforceable, it will be considered separate and severable from this Lease and the remaining provisions of the Lease will remain in force, be binding upon the parties and be enforceable to the fullest extent of the law.

19.11 Time

Time is of the essence.

19.12 Notice

(a) Any notice to be given under this Lease must be in writing and may be either delivered personally or sent by facsimile or by registered or certified mail to the addresses set out in Section 1.7 or at such other respective address as may be established pursuant to Section 1.7.

(b) Notwithstanding the foregoing, during the currency of any interruption in the ordinary

FLNRO LEASE Page 121 of 204 Agenda Item # 7.1.4

Page 30 of 32

postal service, any notice to the Tenant may be left at the address set forth in Section 1.7 and will be effective upon being so left.

(c) If no address is shown for the Tenant in Section 1.7, the address of the Premises will be deemed to be the address of the Tenant and notices to the Tenant may be left at or mailed to the address of the Premises.

(d) If any question arises as to whether any notice was or was not communicated by one party to the other, it will be deemed to have been effectively communicated or given on the day received or on the fifth day after it was mailed or sent, whichever is the earlier.

(e) Any party may at any time give notice in writing to another of any change of address of the party given such notice and from and after the second day after the giving of such notice, the address specified will be deemed to be the address of such party for the giving of notices under this Lease.

19.13 Index and Headings

The index and headings in this Lease are inserted for convenience or reference only and do not affect the interpretation or construction of this Lease or any provision of this Lease.

20.15 Number, Gender

Whenever the singular or masculine or neuter is used in the Lease, the same will be construed to mean the plural or feminine or body corporate where the context of this Lease or the parties may so require. The words "include" or "including" as used in this Lease will not be construed as words of limitation.

20.16 No Transfer on Bankruptcy

Neither this Lease nor any interest of the Tenant in this Lease nor any estate created by this Lease will pass or enure to the benefit of any trustee in bankruptcy or any receiver or any assignee for the benefit of creditors of the Tenant or otherwise by operation of law without the consent required by Section 15.1 or Section 15.2.

20.17 Successors Bound Notice

All rights and liabilities in this Lease given to, or imposed upon, the respective parties will extend to and bind the several respective heirs, executors, administrators, successors and assigns of the parties and if there is more than one party described in Section 1.1 as Tenant, they will all be bound jointly and severally by the terms, covenants and agreements in this Lease on the part of the Tenant. No rights, however, will enure to the benefit of any assignee of the Tenant unless the assignment to such assignee has been first approved by the Landlord in accordance with Section 15.1 or Section 15.2.

FLNRO LEASE Page 122 of 204 Agenda Item # 7.1.4

Page 31 of 32

APPENDIX I

RULES AND REGULATIONS

1. Refuse

(a) The Tenant must provide bear proof garbage containers that are appropriately screened and secure.

(b) The Tenant must arrange for the removal, at its own expense, of all trash and rubbish from the Airport..

2. Signs, Advertising

Subject to what is set out in this Lease to the contrary,

(a) The Tenant must apply for a sign permit for any signage to be installed and work with Town of Smithers’ staff to ensure that it complies with the Town of Smithers current Sign Bylaw.

(b) All signage must comply with the current Town of Smithers’ Sign Bylaw and must have a sign permit. The Tenant will not erect or install any exterior signs or interior window or door signs or advertising media or window or door lettering or placards without the prior written consent of the Landlord such approval not to be unreasonably withheld or unduly delayed.

(c) The Tenant may not use any advertising media that the Landlord deems objectionable to it or to other tenants, such as, without limiting the generality of the foregoing, loudspeakers, phonographs, televisions, public address systems, sound amplifiers, radios, broadcasts or telecasts within the Airport in a manner capable of being heard or seen outside any building. The Tenant may use a public address system in compliance with Airport Authority and Transport Canada requirements to make announcements to customers and personnel.

(d) Any installation requiring the Landlord's consent, which has not received such consent will be subject to immediate removal without notice at the Tenant's cost.

3. Residential Use

Overnight accommodation or residential use of the Premises, whether short-term or long-term, is absolutely prohibited without the prior written consent of the Landlord.

4. No Solicitation

The Tenant may not solicit or suffer or permit its employees or agents to solicit business in the parking areas or other common areas of the Airport and may not distribute any handbills or other advertising matter in such area of the Airport.

5. Notice of Emergency

The Tenant must immediately notify the Landlord in case of any present or imminent event or circumstance on the Premises or at the Airport that is caused by accident, fire, explosion, technical failure or the forces of nature, and that requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of a person or to limit damage to property.

6. Emergency Contacts

The Tenant must provide the Landlord with the names, addresses and telephone numbers of two authorized employees or agents of the Tenant who may be contacted by the Landlord at any time in the event of an emergency relative to the Premises or to the Airport.

7. Permits, Licences

FLNRO LEASE Page 123 of 204 Agenda Item # 7.1.4

Page 32 of 32

The Tenant alone is responsible for obtaining, from the appropriate governmental authority or other regulatory body having jurisdiction, whatever permits (such as but not limited to development approval, building, excavation permits), licences (business or otherwise) or approvals (regulatory, Transport Canada, agencies or otherwise) as may be necessary for the operation of its business, the whole to the entire exoneration of the Landlord.

8. Tenant's Work

Any work to be performed on the Premises by the Tenant or its contractors must first be approved in accordance with the terms and conditions of this Lease subject to any building or development approval requirements of the Town of Smithers and the rules or regulations of the Landlord from time to time in respect of work by tenants.

9. Airport Security

(a) Recognizing the special security concerns of the Airport, the Tenant must fully co-operate with the Landlord's requests for information or assistance relating to the Premises or any of the Tenant's employees, agents, contractors or sub-contractors and must agree to and assist in the immediate removal of any person or thing from the Premises or Airport due to any security concerns.

(b) The Tenant will provide and pay the cost of a security escort approved by the Landlord whenever access is required to restricted Airport areas by the Tenant to persons not authorized by the Landlord to enter restricted Airport areas.

(c) The Tenant must provide the Landlord with keys or other means of obtaining access to the Premises for the sole purpose of the Landlord responding to any fire, flood, airport security or other emergency in or about the Premises and the Landlord will keep the keys or other means of obtaining access in a secure manner with limited access.

(d) The Tenant must comply with all security measures instituted from time to time by the Landlord including those related to restricted area passes, personnel identification systems and security clearance procedures.

(e) The Tenant will not operate, or permit the operation of bicycles, motorcycles, dirt bikes, all terrain vehicles or any other form of recreational vehicle or conveyance on any runway, apron, parking area, approach, taxiway or road on the Airport lands.

10. Smoking

Smoking is not permitted at the Airport except at designated areas.

11. Further Rules and Regulations

The Landlord may amend these Rules and Regulations in accordance with the terms and conditions of this Lease, by alteration or addition, and such amended Rules and Regulations will be binding on the Tenant, provided that notice is given to the Tenant and such amended Rules and Regulations are not inconsistent with the Lease.

FLNRO LEASE Page 124 of 204 Agenda Item # 7.1.5

REPORT TO COUNCIL

DATE: January 23, 2017 REPORT: ADM 17-014

FROM: Dianna Plouffe FILE: 0360-20 Director of Corporate Services

SUBJECT: Appointment to the Smithers Regional Airport Terminal Modernization Committee

RECOMMENDATION:

THAT Council appoint Paul Jungclaus to the Smithers Regional Airport Terminal Modernization Committee for the duration of the Airport modernization and expansion project.

BACKGROUND:

At its Regular Meeting held December 13, 2016, Council resolved to establish a Smithers Regional Airport Terminal Modernization Committee to help oversee changes to the project. The Terms of Reference for the Committee requires one member of the public be appointed.

DISCUSSION:

Public notices were published in the Interior News seeking members for the Committee for two consecutive weeks.

The following individual has submitted an application to be appointed to the Committee:

. Paul Jungclaus

A copy of the application is attached to this report.

ALTERNATIVE:

Advertise for additional applicants.

CAO Dir/DS Dir/FIN Agen Date: February 28, 2017 Dir/CS Dir/WO Bldg Ins In-Cam Date: Admin Asst. Fire Planner Agenda Placement: Staff “A” Dir /Rec Air/Mgr PCSO Other:

APPOINTMENT - AIRPORT COMMITTEE Page 125 of 204 Agenda Item # 7.1.5

Regular Council Page 2 Report: ADM 17-014

Respectfully submitted by: Approved for submission by:

Dianna Plouffe Anne Yanciw Director of Corporate Services Chief Administrative Officer

APPOINTMENT - AIRPORT COMMITTEE Page 126 of 204 Agenda Item # 7.1.5

Torvn ofr Sm1rh-Vü

Smithers Regional Airport Terminal Modern ization Comm ittee Member Application

Applications can be submitted in person or via email to the Town of Smithers, 1027 Aldous Street, Smithers, BC VOJ 2N0, Attention: Dianna Plouffe, Director of Corporate Services, email: [email protected].

Application deadline: 4:30 pm, Tuesday, February 14,2017. GANDIDATES INFORMATION (use black pen or type information - ptease print) ( Name: ¿l t4 -Ja laa Address: B oX 7/ /- / 3 6 7 CdTlaa ¿ut,øc/ St

City k ¿u¿, Province: E.(. Postal Code: Vc¡'Í z Xa Home Phone No:25¿'8'76 -92té Work phong.,25ê- 842-lsot Cell: zz€,^ >tô-/ z//

Fax No: Email Addre.r, D Pr ft Q gec |ad. t'a - Reason for Seeking Appointment

P l¿rr 1¿ 3ce a* *a *ch *,"to¡

Special Background or Expertise

F l¿q se S.e¿ 4++o*c4 ø,eo.*

History of Community lnvolvement (Past & Present)

P (eoç |ee Êt-f*ch r^¿n-î

[-¿'cc.rs¿¿i €autf @ \l6f-.

APPOINTMENT - AIRPORT COMMITTEE Page 127 of 204 Agenda Item # 7.1.5

lf space is insufficient, please attach a separate sheef Please complete and sign "page 2" of the Application

-Page 2-

Additional I nformation

(_, t+ ou t¿ f ì'o ¿4 44 ) .k a ê1 ,,{ I ,u;//

lo// SLl +/. P, TL,r¿, /. a¿,( (-,-

It t4 cl f ¡-r1 af)o-

Declaration and Consent of the Applicant I solemnly declare that I am eligible to be appointed to the Committee indicated above, as I am not an elected official, officer or employee of the Town of Smithers. My civic address is 13 6 7 't-øtfo", u6dcl -çl- Te lk -o (.

2-o( Signature of cant Date

a I (a ct Name of Appli (Please Print)

APPOINTMENT - AIRPORT COMMITTEE Page 128 of 204 Agenda Item # 7.1.5

Smithers Resional Airport Terminal Modernization Committee

Member Application

Reason for Seeking Appointment:

I have a keen interest in airports in general. I have grown up with my Father working for Lufthansa German Airline and have travelled to Germany and England many times in my childhood and early adult life. Since then, due to me having to pay for the tickets, have not been able to travel as much. I have many found memories of travelling thru major hub airports and minor ones as well. Even spending the nights on Airport seats (due to being on standby and not getting on planes)

ln the present day, I am still VERY interested in airports and many times look online at airport and how they are doing (passenger numbers, expansion plans, etc.) including Smithers airport.

With this interest of mine in airports, I am certain I can be very useful in being on the committee with suggestions, input, and knowledge of designs and working of other airports worldwide.

Special Background or Expertise:

This question is basically answered in the "Reäson for seeking appointment" question. W¡th travelling lots as a child, my interest in airports has been and still is very high. My knowledge in other airports I have visited (and not visited) by looking online many times will be helpful with the Smithers Airport expansion.

APPOINTMENT - AIRPORT COMMITTEE Page 129 of 204 Agenda Item # 7.1.5

History of Community lnvolvement (Past and Present):

My community involvement includes:

t. Helping at St Vincents de Paul in Prince George with the drop in 2. Volunteering at Canadian Mental Health Association at the Clubhouse being a mentor. 3. Church involvements both in Prince George and presently at Telkwa CRC (run ni ng projector, Bookkeeper) 4. Helping out at Salvation Army (which became a paid position nearly 2 years ago but still have a BIG heart for the ministry) 5. Townhouse strata council member in Prince George (from afar. I own a townhouse there and I am in charge of the email communications between owners and council members)

APPOINTMENT - AIRPORT COMMITTEE Page 130 of 204 Agenda Item # 7.1.6

REPORT TO COUNCIL

DATE: February 15, 2017 REPORT: DEV 17-002

FROM: Mark Allen, Director of Development Services FILE: 5330-20/17-05

SUBJECT: Downtown Portland Loo Project

RECOMMENDATION: THAT the Portland Loo be installed on Second Avenue sidewalk adjacent to the Bugwood Bean lot, 1206 Main Street; AND THAT Council approves the $195,000 budget for the Portland Loo project to be funded entirely from Gas Tax Capital Reserve funds; AND THAT Council waives the Formal Tender requirement in Purchasing Policy FIN- 006 and approves the Selected Bid process for direct awarding the Portland Loo supply contract to Madden Fabrication, Portland, Oregon, in the amount of US$101,300 (FOB Smithers, excluding US exchange).

BACKGROUND: At the Regular Meeting on February 14, 2017, Council’s motion was to defer its decision on the Downtown Portland Loo project as follows:

R17.076 Brienesse/Wray THAT a decision on Motion R17.075 be postponed to the February 28, 2017, Regular Meeting of Council. OPPOSED: COUNCILLOR ATRILL. CARRIED.

CAO Dir/DS F/Adm Agen Date: Feb.28, 2017 Dir/CS Dir/WO Bldg Ins In-Cam Date: CA/HRA Fire Planner Agenda Placement: Staff ‘A’ Dir /Rec Air/Mgr PCSO Other: Exec Assist

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 131 of 204 Agenda Item # 7.1.6

Regular Council Page 2 Report: DEV 17-002

During the meeting, staff described three downtown locations identified as potential Portland Loo locations. These three sites include Broadway Ave. sidewalk at Bovill Square, Broadway Ave. sidewalk adjacent to the Royal Bank, and Second Avenue sidewalk near Bugwood Bean (see drawings attached). Council expressed concern on the different installation costs for each location and the effect on the proposed budget, and requested that cost breakdowns be brought forward.

Additionally, Council expressed concern that the published limitation of the winterization kit to -15 C̊ would unacceptably restrict Loo use during cold weather, and inquired as to what improvements could be made to keep the Loo accessible throughout the winter.

PURPOSE: This purpose of this report is to provide • arguments for and against each proposed location, • a comparison of estimated installation costs for the three sites, • a short description of the standard winterization kit available for the Loo, and; • a brief discussion of the additional heating system proposed by Madden Fabrication.

DISCUSSION: a) Proposed Loo Locations Criteria for the identification of suitable Loo locations include the measure of expected use, safety and security considerations, and the estimated installation cost. Relative potential use may be predicted based on pedestrian traffic volume, proximity to parking, shopping and amenities, and locations of other currently available public washrooms. Safety and security incorporates concerns such as visibility, volume of adjacent traffic, and open space around the structure. The following table summarizes these factors in a “pros and cons” format for each option.

PROPOSED LOCATION PROS CONS • Easy access for public at Bovill • Not central to the Downtown Core; A Square events. away from main shopping spots; • Eliminates the need for porta-potty could result in minimal use. BROADWAY AVE. at Bovill Square. • Potential to obstruct sight of, or SIDEWALK • Location is accommodating to the access to, Bovill Square stage. ADJACENT TO transient group tending to gather at • Relatively close to public BOVILL SQUARE Bovill Square. Use by this group (if washrooms at library and Town utilized) could result in a reduction offices. of waste in the vicinity. • Position in generally less trafficked • Location towards rear of Bovill area could expose facility to graffiti Square does not impact aesthetic or vandalism. values of the public space, and allows for future angled parking development on Broadway Ave. • Lower utility connection costs

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 132 of 204 Agenda Item # 7.1.6

Regular Council Page 3 Report: DEV 17-002

PROPOSED LOCATION PROS CONS • Still easily accessible for use • Not central to the main downtown B during Bovill Square events; core. eliminates the need for porta-potty • Location is less visible and more BROADWAY AVE. at the square. enclosed by buildings. SIDEWALK • No obstruction of Bovill Square • Possibly less trafficked area than BESIDE RBC Stage. either of the two other locations. (ROYAL BANK) (but still central).

• Most central downtown location. • Less easily accessible for Bovill C • Heavily trafficked area near Square events. shopping and coffee shops. • Porta-potty (accessible) will SECOND AVENUE • In close proximity to two existing continue to be needed at Bovill SIDEWALK NEAR public parking lots and the Square April thru October, as in BUGWOOD BEAN proposed new parking lot; easily 2016. accessible to visitors, locals, and rural residents arriving by vehicle. • Approximately equi-distant to the two existing public washrooms at the Central Park Bldg and the Library. • Away from structures (currently) / high traffic area potentially resulting in more natural surveillance and a feeling of safety for users. • Safe sight lines for drivers from the lane and on Second Ave.

Staff added optional location ‘D’ to the Bovill Square map - on the Main Street sidewalk in the landscaped area: • Most publicly visible location for • Higher cost of servicing and to D security. reconstruct existing landscaping. • More heavily trafficked area and • Not central to the main downtown MAIN STREET easily accessible to visitors & core. SIDEWALK IN locals. • Potential to obstruct safe sight lines LANSCAPED AREA • Away from structures (currently) / for drivers. NEAR BOVILL high traffic area potentially resulting • May lose a bench and garbage SQUARE in more natural surveillance and a receptacle in landscape area. feeling of safety for users. • May interfere with maintaining the storm sewer main directly underneath.

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 133 of 204 Agenda Item # 7.1.6

Regular Council Page 4 Report: DEV 17-002

b) Comparison of Estimated Installation Cost Per Location

The initial cost of one Portland Loo was estimated in October 2016 at $195,000. This includes the unit, delivery, and installation, with the following breakdown:

PORTLAND LOO COST ESTIMATE

Item: Description: AMOUNT AC Powered Base Unit w/ sink and cold 1 $96,000 weather upgrade: (US quote) 2 Shipping and Handling: (US quote) $5,300

Sub-Total (FOB Smithers, no Oregon sales tax) : US$101,300

3 CAN-USD Exchange @33% $33,500 Utility Connections - Water, Sewer, 4 $32,000 Electrical, Sidewalk Repairs: (estimate) Foundation Slab and Finish (2.4m x 3.6m): 5 $10,600 (estimate) Crane, Labour, Hookup, Other installation 6 $6,000 costs: (estimate) Sub-Total: $183,400 Contingency @ 24% (on Items 4, 5 & 6): $11,600

TOTAL ESTIMATED COST (excl. GST): $195,000

Only item 4 in the above table is variable based on the location selected. The variable component is primarily dependent on proximity and depth of available water, sewer, and BC Hydro connections. Additionally, costs of removal and replacement of existing red brick paving stones is typically less than removal and replacement of concrete or asphalt, since existing paving stones can be reused, saving material costs. The $32,000 (CDN) estimate above is based on an average installation of the Loo.

Even so, the majority of the estimated utility connection costs shown in the table above are comprised of fixed costs. A rough calculation of utility connection costs resulted in the variable cost portion at Location A (at Bovill Square) being approximately $7,000 less than the variable cost portion at both Locations B and C. The total estimated utility connection costs at Location B and C were approximately equal. The optional location D was not estimated, but it could be approximately $10,000 higher than locations B and C due to the additional utility connections distance from the lane and the required reconstruction of existing landscaping features.

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 134 of 204 Agenda Item # 7.1.6

Regular Council Page 5 Report: DEV 17-002

c) Standard Winterization Package that Ships with Portland Loo

The standard winterization package consists of a water re-circulating pump that pumps hot water through copper tubes positioned around the steel toilet bowl. Water is heated in a 2.5 gallon water heater running off standard 110V AC power. This system keeps the water in the bowl from freezing down to an ambient temperature of negative 15 degrees Celsius. Madden Fabrication believes their system may be capable of operating at lower temperatures; however, the test facilities in Oregon have the capacity to go to -15 C̊ only, and the functional temperature range of the heating system has therefore not been fully established. A limiting factor in this system is the steel’s ability to retain the heat imparted by the hot water tubes.

Additionally, the exterior hand washing station is unheated, and will need to be shut-off during the winter months. A built-in hand-sanitizer dispenser is included with the unit for use when the wash station is unavailable. The package includes a plastic toilet seat mounted on the steel bowl.

d) Enhanced Winterization Elements Proposed by Madden Fabrication

Madden Fabrication has offered to work with Town of Smithers to develop and test a winterization upgrade designed to enable functionality of the toilet in temperatures below -15 C̊ . This improvement would include a secondary heating element in the form of a heated insulating mesh designed to reduce heat loss through the stainless steel bowl. Since the enhancement is still experimental, Madden Fabrication has offered to provide the addition at no added cost. Essentially, equipping our Portland Loo with the insulated mesh would be a trial run “pilot” for their development team; in exchange we would benefit from the new technology at no extra cost to the Town.

Madden Fabrication appears committed to extending the service of their Portland Loos to colder temperatures and would have a vested interest in seeing their newly developed mesh be successful.

RESOURCE IMPLICATIONS:

The 2017 budget of $195,000 is based on the estimate outlined in the above table. The available funding source is the Gas Tax Capital Reserve, which must fund 100% of the project, as per the recommendation. The proposed $50,000 grant from the Regional District of Bulkley-Nechako Rural ‘A’ Director was withdrawn for the downtown washroom project, but instead a $75,000 grant was supported for the Second Avenue Parking Lot project.

POLICY CONSIDERATIONS:

There are no Town policies regarding permanent washroom facilities being placed on Town sidewalks. Applying the Alpine Theme Design Guidelines to the Loo have not be considered. Public safety concerns would be addressed at final placement.

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 135 of 204 Agenda Item # 7.1.6

Regular Council Page 6 Report: DEV 17-002

ENVIRONMENTAL CONSIDERATIONS:

The Portland Loo package and utility connections present no environmental concerns. Greenhouse gas emissions from electrical use are considered negligible. The optional solar panel system was not included in the package as the winterization kit requires higher electrical demands than the solar power system can provide.

ACCESSIBILITY CONSIDERATIONS:

The Portland Loo is designed, constructed and installed to universal accessibility standards. The Age-Friendly Assessment supported a year-round, accessible public washroom in the downtown core or in Central Park.

COMMUNICATIONS:

Once constructed, information on the Loo would be advertised via media releases and on the Town’s website to promote its use.

FIGURES, SCHEDULES, MAPS OR APPENDICES:

Attached: Four drawings illustrating the potential Loo locations.

Respectfully submitted by: Approved for submission by:

Mark Allen Dianna Plouffe Director of Development Services Acting Chief Administrative Officer

\\engstorage\engdata\engineering\projects\2017\_contracts 2017\2017-05 portland loo\correspondance\dev 17-002 portland loo council report.docx

"printed on Rainforest Alliance - FSC certified recycled paper"

PORTLAND LOO Page 136 of 204 PORTLAND LOO

QUEEN STREET QUEEN STREET

0 SIXTH AVENUE SIXTH

TOWN YELLOWHEAD HIGHWAY No. 16

BROADWAY AVENUE

FOURTH AVENUE

SECOND AVENUE

ALFRED AVENUE FIRST AVENUE

HALL THIRD AVENUE SIXTH AVENUE SIXTH

POSSIBLE LOCATION "A"

BOVILL LIBRARY SQUARE POSSIBLE LOCATION "D" BULKLEY POSSIBLE LOCATION "C" VALLEY MUSEUM

MAIN STREET MAIN STREET

RBC BUG WOOD BEAN

POSSIBLE LOCATION "B"

BROADWAY AVENUE

ALFRED AVENUE

SECOND AVENUE

THIRD AVENUE FIRST AVENUE PROPOSED

YELLOWHEAD HIGHWAY No. 16 MURRAY STREET 2017 FOURTH AVENUE

FRONTAGE ROAD Page 137 of 204

KING STREET Agenda Item # 7.1.6 FIRST AVENUE

TITLE: LEGEND: PROPOSED PORTLAND LOO SCALE: 1:2000 WATER LINE EXISTING EDGE OF ASPHALT CONTRACT 2017-05 PORTLAND LOO DRAWN BY: A.O.H. DATE: FEB. 6, 2017 SANITARY LINE LEGAL PARCEL / LOT POTENTIAL LOO LOCATIONS STORM LINE PP POWER POLE / LINE APPROVED BY: M.F.A. DATE: FEB. 21, 2017 KEY MAP O:\ENGINEERING\PROJECTS\2017\_CONTRACTS IRRIGATION LINE EXISTING PLANTER DRAWING PATH: 2017\2017-05 Portland Loo\ACAD\Loo Location .dwg Agenda Item # 7.1.6

PORTLAND LOO Page 138 of 204 PORTLAND LOO

BROADWAY SHELTER

491.69 V312

V309

491.69 491.65

200AC 97.40 m @ 0.04% V310 200AC 106.44 m @ 0.11%

V311 250AC 250AC S307 200AC PP PP PP

TOWN 3.8m OWNED H306 LOT STAGE

1.00m

` BOVILL SQUARE BROADWAY 492.37 D308A

Storm 300CMP

Storm

Storm Storm Storm MAIN STREET 492.53 Storm 3.12m

492.38 300CMP 60.58 m @ 0.21%

492.65 492.51 D308B D308 RIM:493.85 300CMP MAIN STREET MAIN STREET 1.00m Page 139 of 204

RIM:494.02

SCALE 1:300 Agenda Item # 7.1.6 492.43 D295 0 5 10 15 20 m.

TITLE: LEGEND: PROPOSED PORTLAND LOO SCALE: AS SHOWN PORTLAND LOO PROPOSED LOCATION "A" WATER LINE EXISTING EDGE OF ASPHALT DRAWN BY: A.O.H. DATE: FEB. 6, 2017 AND OPTIONAL "D" SANITARY LINE LEGAL PARCEL / LOT APPROVED BY: M.F.A. DATE: FEB. 21, 2017 STORM LINE PP POWER POLE / LINE BOVILL SQUARE O:\ENGINEERING\PROJECTS\2017\_CONTRACTS IRRIGATION LINE EXISTING PLANTER DRAWING PATH: 2017\2017-05 Portland Loo\ACAD\Loo Location .dwg Agenda Item # 7.1.6

PORTLAND LOO Page 140 of 204 PORTLAND LOO

Storm 300CMP

Storm

Storm Storm

Storm

Storm Storm 492.53 Storm

492.38 300CMP 60.58 m @ 0.21%

492.65 492.51 492.38 D308B D308 RIM:493.85 300CMP

RIM:494.02 MAIN STREET 492.43 MAIN STREET D295

492.40 492.41 300AC 108.10 m @ 0.21%

Storm

492.47

RBC BANK

250CMP 33.04 m @ 1.21%

1.0m 4.0m 492.87

Storm BROADWAY AVE. RIM:493.86

H206

SCALE 1:300 RIM:493.79

0 5 10 15 20 m. D215 S205

V211 250AC V210 Page 141 of 204 Agenda Item # 7.1.6 491.87 491.87 200AC 107.43 m @ 0.14% 200PVC 45.68 m @ 1.69% DS

TITLE: LEGEND: PROPOSED PORTLAND LOO SCALE: AS SHOWN WATER LINE EXISTING EDGE OF ASPHALT PORTLAND LOO PROPOSED LOCATION "B" DRAWN BY: A.O.H. DATE: FEB. 6, 2017 SANITARY LINE LEGAL PARCEL / LOT NEAR THE RBC BANK APPROVED BY: M.A.F. DATE: FEB. 21, 2017 STORM LINE PP POWER POLE / LINE O:\ENGINEERING\PROJECTS\2017\_CONTRACTS IRRIGATION LINE EXISTING PLANTER DRAWING PATH: 2017\2017-05 Portland Loo\ACAD\Loo Location .dwg Agenda Item # 7.1.6

PORTLAND LOO Page 142 of 204 Agenda Item # 7.1.6 V204

D304 FEB. 6, 2017 FEB. 21, 2017 DATE: DATE: 2017\2017-05 Portland Loo\ACAD\Loo Location .dwg O:\ENGINEERING\PROJECTS\2017\_CONTRACTS Storm M.F.A. A.O.H. AS SHOWN APPROVED BY: SCALE: DRAWN BY: DRAWING PATH:

Storm 250AC

Storm

Storm V205 LEGAL PARCEL / LOT

PROPOSED PORTLAND LOO EXISTING EDGE OF ASPHALT POWER POLE / LINE EXISTING PLANTER

400AC 101.02 m @ 0.20% @ m 101.02 400AC

300PVC 102.44 m @ 0.20% @ m 102.44 300PVC PP

Storm 250AC 101.20 m @ 0.18% @ m 101.20 250AC

Storm WATER LINE SANITARY LINE STORM LINE IRRIGATION LINE MAIN STREET

PP TOWN PARKING LEGEND: BEAN BUGWOOD 1.9m

Storm

D208

491.84 2.0m 491.13 1.0m 490.45 D293

250AC

490.52 491.27 491.11 491.13 SECOND AVE. SECOND

S804 S203 491.87 DS 491.38 PP

D305 Storm V207 PORTLAND LOO PROPOSED LOCATION "C" NEAR BUGWOOD BEAN TITLE: 20 m. 15 MAIN STREET 10 5 SCALE 1:300 0

Storm

PORTLAND LOO Page 143 of 204 Agenda Item # 7.1.6

PORTLAND LOO Page 144 of 204 Agenda Item # 7.2.1

REPORT TO COUNCIL

DATE: Feb 9, 2017 FILE: W/OPS 5380-20

SUBMITTED BY: Roger Smith, Dir. of Works & Ops. REPORT: W/OPS 17-001

SUBJECT: Recycling Special Projects

RECOMMENDATION: THAT Council receives the Recycling Special Projects report for information.

DISCUSSION: Staff was asked to provide information regarding the cost to purchase and install refundable beverage container baskets along Main Street and provide the framework for hiring a Recycling Education Coordinator on a contract basis.

The Works Department had purchased twenty of the beverage container recycling baskets last year in anticipation of providing this alternative recycling scheme throughout the community. The cost of installation of the baskets in the downtown core isn’t expected to exceed $500 and can be covered within the Works Department operating budget. A greater portion of the recycling special projects budget of approximately $9000 can therefore be put towards hiring a contractor on a short term basis. Staff is proposing a framework loosely based on the 2014 Community Recycling Liaison/Educator but with the following changes: • fewer hours per week • a shorter term • reduced time spent on public education • the remainder of the time spent on researching and reporting on opportunities to increase diversion from the waste stream • A final report with research conclusions and information on costs and resources required to implement the options

Respectfully submitted: Approved For Submission:

______Roger Smith Anne Yanciw Director of Works and Operations Chief Administrative Officer CAO Dir/DS Dir/Fin Agen Date: Feb 28, 2017 Dir/CS Dir/WO Bldg Ins In-Cam Date: CAA Fire Planner Agenda Placement: Staff ‘B’ Dir /Rec Air/Mgr PCSO Other:

RECYCLING SPECIAL PROJECTS Page 145 of 204 Page 146 of 204 Agenda Item # 7.2.2

Municipal Markers 2016 Year in Review

2016 YEAR END MUNICIPAL MARKERS Page 147 of 204 Agenda Item # 7.2.2

COUNCIL STRATEGIC PRIORITIES STRATEGIC PRIORITY FUNDING PROJECT STATUS & 2016 ACTIONS Capital Infrastructure 1 Expand our airport terminal $6M total budget Floorplan selected *$4M Federal grant Geotechnical assessment completed *$2M long term loan Hazard materials environmental study completed Building environmental study report completed New cost estimates completed Geo-exchange bore hole completed Geo-exchange conductivity testing completed Conceptual drawings completed Constructability assessment complete Concept and revised budget approved 2 Redevelop the Chandler Park fields $359K total budget Field 1 and 2 complete with rolled turf Field 3 to be considered in 2017 3 Enhance public space at Bovill Square $5K from operational budget Graded lot beside square for vendors Built pathway through landscaping Installed seasonal accessible portapoti Complete

Plans and Task Forces

4 Implement asset management planning $100K Federal grant application unsuccessful *$100K Federal grant Provincial grant application successful *$10K Provincial grant 5 Create a Central Park/Arts & Culture $40K from taxation RFP open Centre Plan 6 Create an affordable housing plan and Land held for housing project implementation strategy Partnered with SCSA on funding application for affordable housing units 7 Develop an Active Transportation Plan Unfunded 8 Create a small business task force Task force assembled and meetings held Recommendations developed and considered by COW Other projects and initiatives 9 Complete a shared history research $7500 C2C Research has been conducted project in partnership with the * 50% grant plus Town in-kind Material to be compiled Wet'suwet'en $24,804 Shared Histories Summary document to be produced and presented to community * Plus Town in-kind

10 Participate in development & $36,000 from taxes Worked with provincial, BC Transit & other community staff on implementation of a Regional Transit design and funding of the service System Assisted in creating a transit committee for the Highway 16 service

11 Facilitate mixed-use downtown dev. Unfunded 12 Reduce GHG emissions LED lights - $115K from taxes, Replaced 257 street lights with LED with $27K BC Hydro rebate Purchased ice resurfacer emitting 7Tonnes less e-CO2 than Ice resurfacer - $178K from taxes previous machine Solar project - $50K Replaced library heat pump with more efficient model *$17K grant Performed two energy modelling studies on FD Storage Building Seeking further grants for Solar PV Project on Town Hall roof 13 Implement community well being Funded through Northern Health Report card completed indicators P4HC grant Public presentation completed

14 Pursue innovative joint Unfunded Victim Services RDBN, Telkwa and Town shared funding governance/financing partnership opportunities between the town of Smithers and rural residents 15 Continually improve citizen engagement $4K annual budget Ongoing

2016 YEAR END MUNICIPAL MARKERS Page 148 of 204 Agenda Item # 7.2.2

ADMINISTRATION

MEETINGS YTD - 109

Closed Council 2 4 1 1 4 23 Special Open

Regular Council 8 Advisory Planning Commission Committee of the Whole

15 Finance

19 Transit Business Façade 4 Emergency Measures

23 Small Business Task Force Fall Fair Management

2016 EMPLOYEE MOVEMENT 16 14 12 10 8 6 4 2 0 Departed Internal Movement Joined Organization Organization

2016 YEAR END MUNICIPAL MARKERS Page 149 of 204 Agenda Item # 7.2.2

DEVELOPMENT SERVICES

BULDING PERMIT CONSTRUCTION VALUES $12,000,000

$10,000,000

$8,000,000

$6,000,000 YTD 2015 YTD 2016 $4,000,000

$2,000,000

$0 Combined Residential Commercial Industrial Institutional Total YTD 2015 $2,846,547 $1,193,550 $700,000 $439,500 5,179,597 YTD 2016 $3,783,172 $6,638,790 $700,000 $0 11,121,962

PLANNING PERMITS AND APPLICATIONS 10 9 8 7 6 5 4 YTD 2015 3 YTD 2016 2 1 0 Dev. Dev. Var. TU OCP & Subd. BOV Permits Permits Permits Zoning Applic. Applic. Applic.

2016 YEAR END MUNICIPAL MARKERS Page 150 of 204 Agenda Item # 7.2.2

DEVELOPMENT SERVICES

2016 BUSINESS LICENSE STATS 64 62 60 58 YTD 2015 56 YTD 2016 54 52 50 New Licenses YTD Cancelled/Inactive YTD

BC One Highway Use Calls Permits

2015 303 29

2016 253 23

2016 CEMETERY 50 45 40 35 30 25 YTD 2015 20 YTD 2016 15 10 5 0 Burials Memorials Inquiries

2016 YEAR END MUNICIPAL MARKERS Page 151 of 204 Agenda Item # 7.2.2

DEVELOPMENT SERVICES

COMMUNITY POLICING & BYLAW CONTROL- 4TH QUARTER OF 2016

Impoundment 5 12 Vehicle warning notices 2 Noise complaint/barking Dog at Large 3 23 2 Dog Bites Aggressive Improper Disposal of Garbage 7 Property Maint. notice Parking tickets 4 Sign Bylaw Notices 3 12 Towed Vehicles 8 Positive Ticketing

SMITHERS FIRE RESCUE

• 2016 demonstrated that Smithers Fire Rescue experiences ongoing increases in both number of calls dispatched and the number of incidents responded to. • 229 911 calls were responded to in 2016, with the top three incident categories continuing to be First Responder/Medical, Fire and Motor Vehicle. • Volunteers put in over 7,200 volunteer firefighter hours.

2016 YEAR END MUNICIPAL MARKERS Page 152 of 204 Agenda Item # 7.2.2

AIRPORT

AIRPORT PASSENGER AND AIRCRAFT MOVEMENT STATISTICS 80,000

70,000

60,000

50,000

40,000

30,000 2015 Totals 2016 Totals 20,000

10,000

0 # of # of Total # of Aircraft Scheduled Chartered Passengers Movements Passengers Passengers 2015 Totals 66,002 10,044 76,046 12,308 2016 Totals 63,020 9,477 72,497 10,108

Airport Modernization Project 2016 The airport received a $4 million Federal Gas Tax Grant towards airport terminal improvements and expansion. The Town applied for further grant funding from the Regional District of Bulkley Nechako and the BC Air Access Program.

A conceptual design was agreed upon with the total costs being $8,170,000.

2016 YEAR END MUNICIPAL MARKERS Page 153 of 204 Agenda Item # 7.2.2

RECREATION

As a Jumpstart Community Partner, the Town of Smithers administered 120 grants to kids of low-income families so the children could participate in physical activity resulting in $12,396 distributed to local sports organizations.

WORKS AND OPERATIONS

2016 was the largest year for revenue at Riverside Campground, $77,496.

2016 GARBAGE 2016 RECYCLE in Kilograms in Kilograms 650,000 180,000 625,000 175,000 170,000 600,000 165,000 575,000 160,000 550,000 155,000 150,000 525,000 145,000 500,000 140,000 475,000 135,000 130,000 450,000 125,000 425,000 120,000 400,000 115,000 110,000 375,000 105,000 350,000 100,000 325,000 95,000 90,000 300,000 85,000 275,000 80,000 250,000 75,000 225,000 70,000 65,000 200,000 60,000 175,000 55,000 150,000 50,000 45,000 125,000 40,000 100,000 35,000 75,000 30,000 25,000 50,000 20,000 25,000 15,000 0 10,000 Residential Commercial 5,000 0 2015 576,882 415,046 2015 2016 2016 601,540 383,640 Recycle 177,950 173,770

2016 YEAR END MUNICIPAL MARKERS Page 154 of 204 Agenda Item # 7.2.3

Municipal Markers

January 2017

A helicopter practices picking up, releasing and flying with survey equipment at the Smithers Regional Airport in preparation for airborne geophysical mapping in the area.

JANUARY MUNICIPAL MARKERS Page 155 of 204 Agenda Item # 7.2.3

4 Implement asset management planning $100K Federal grant application unsuccessful *$100K Federal grant Provincial grant application successful *$10K Provincial grant 5 Create a Central Park/Arts & Culture $40K from taxation PreFeasibility Study awarded Centre Plan 6 Create an affordable housing plan and Land held for housing project implementation strategy Partnered with SCSA on funding application for affordable housing units 7 Develop an Active Transportation Plan Unfunded 8 Create a small business task force Task force assembled and meetings held Recommendations developed and considered by COW Other projects and initiatives 9 Complete a shared history research $7500 C2C Research has been conducted project in partnership with the * 50% grant plus Town in-kind Material to be compiled Wet'suwet'en $24,804 Shared Histories Summary document to be produced and presented to community * Plus Town in-kind

14 Pursue innovative joint Unfunded Victim Services RDBN referendum for shared funding governance/financing partnership opportunities between the town of Smithers and rural residents 15 Continually improve citizen engagement $4K annual budget Ongoing

JANUARY MUNICIPAL MARKERS Page 156 of 204 Agenda Item # 7.2.3

ADMINISTRATION

EMPLOYEE MOVEMENT YTD 2

0 Departed Internal Joined Organization Movement Organization

MEETINGS YTD - 15

Closed Council

4 5 Special Open

2 Regular Council

Finance

JANUARY MUNICIPAL MARKERS Page 157 of 204 Agenda Item # 7.2.3

DEVELOPMENT SERVICES

BUSINESS LICENSES TOTAL ACTIVE 30 BUSINESS LICENSES 25 2016 610 2017 614 20

15 2016 10 2017

0 New Licenses JAN New Licenses YTD Cancelled/Inactive YTD

CEMETERY - JANUARY 3

2016 2017 1

0 Burials Memorials Inquiries

BC One Calls Highway Use Permits January Totals for the Year January Totals for the Year 2016 7 245 0 23 2017 14 14 1 1

JANUARY MUNICIPAL MARKERS Page 158 of 204 Agenda Item # 7.2.3

DEVELOPMENT SERVICES

PERMITS ISSUED Residential Commercial Industrial Institutional January 2016 1 2 0 0 January 2017 5 6 9 5

BULDING PERMIT CONSTRUCTION VALUES $180,000

$160,000

$140,000

$120,000

$100,000

$80,000 JAN 2016 JAN 2017

$60,000

$40,000

$20,000

$0 Combined Residential Commercial Industrial Institutional Total JAN 2016 $2,000 $0 $0 $0 2,000 JAN 2017 $68,500 $90,500 $0 $0 159,000

JANUARY MUNICIPAL MARKERS Page 159 of 204 Agenda Item # 7.2.3

DEVELOPMENT SERVICES

ENGINEERING AND PLANNING PROJECTS JANUARY

Community Vitality & Indicators

Groundwater Wells Registration

Fairgrounds Infrastructure Inventory

Portland Loo Project Planning & Location 100% Complete 75% Complete 50% Complete 2017 Traffic Marking Contract 25% Complete

2017 Capital Budget Project Scheduling

Second Ave Parking Lot Design

Central Park Plan/ Arts & Culture Centre

0 25 50 75 100

JANUARY MUNICIPAL MARKERS Page 160 of 204 Agenda Item # 7.2.3

DEVELOPMENT SERVICES

COMMUNITY POLICING AND BYLAW CONTROL

1 2 1 1 2 7 Impoundment Sign Bylaw Written Notice Vehicle warning notices Noise complaint/barking 7 Dog at Large Air Quality Advisory Notices Improper Disposal of Garbage Property Maint. notice 21 3 Parking Tickets

4 Obstructing Snow Removal

CPO PROGRAMS January Noteworthy Items: • There were sixteen written requests for service (RFS), four web 2 Healthy Choices RFS and eight Summit Planning Community Police 8 COP patrols Office RFS. • A wood burning 8 Bikes processed appliance survey identified approx. 75 Crime Stoppers Files homes and educational information was mailed 4 DARE Classes to all of these homes. 2

JANUARY MUNICIPAL MARKERS Page 161 of 204 Agenda Item # 7.2.3

AIRPORT

Smithers Regional Airport Passenger and Aircraft Movement

6,000

5,000

4,000

3,000 Jan. 2016 2,000 Jan. 2017

1,000

0 # of Scheduled # of Chartered Total # of Aircraft Passengers Passengers Passengers Movement Jan. 2016 4,340 672 5,012 476 Jan. 2017 4,585 845 5,430 484

JANUARY MUNICIPAL MARKERS Page 162 of 204 Agenda Item # 7.2.3

WORKS AND OPERATIONS

GARBAGE WEIGHT JANUARY Weight in kilograms RESIDENTIAL 90,000 RECYCLE 80,000 COLLECTION 70,000 in kilograms 60,000 2016 17,260 50,000 2017 19,430 40,000 2016 30,000 2017 20,000 10,000 0 Residential Commercial Total Volume 2016 38,140 31,100 69,240 2017 39,115 40,270 79,385

REQUEST FOR SERVICE January 2017

11 4 Miscellaneous Water & Sewer Services 3 Garbage/Recycle Flooding Problems Road/Sidewalk Troubles

11 Street Lights 12

JANUARY MUNICIPAL MARKERS Page 163 of 204 Agenda Item # 7.2.3

SMITHERS FIRE RESCUE

NUMBER OF CALLS BY TYPE

1 JANUARY 4

Fire Motor Vehicle First Responder 0 Alarm Major Event 2 8 Misc

Year To Date Firefighter Hours Number of Calls in January Incident Public Total Public Service Training Rural 11 Call Out Education Hours Town 5

307 303.5 10 620.5

JANUARY MUNICIPAL MARKERS Page 164 of 204 Agenda Item # 7.2.3

RECREATION

Arena Hours Booked - January 700

600 298 301 500

400 Civic Centre 300 New Arena 297 298 200

100

0 2016 2017

January Recreation Programs - # of Registrations

YWAM Hockey Clinic

Morning Basketball

Early Morning Workout (Jan-Apr)

Early Morning Workout (Jan)

0 5 10 15 20 25 30 35

Applications and Events

• One Jumpstart applications and three event applications were processed.

JANUARY MUNICIPAL MARKERS Page 165 of 204 Page 166 of 204 Agenda Item # 8.1

REPORT / RECOMMENDATION TO MAYOR AND COUNCIL

DATE: Feb 17, 2017 FILE:1610-01

BY: Leslie Ford, Director of Finance REPORT: FIN-17-23

SUBJECT: Recreation Fees and Charges Bylaw 1806- REVISED

RECOMMENDATION: THAT Council give Third Reading to “Bylaw 1806 - Recreation Fees and Charges 2017- 2019”.

BACKGROUND: In December 2016 staff presented a report to Council giving Council a preview of some of the changes that would be presented in a new Recreation Fees and Charges Bylaw. Staff introduced also some new fee concepts that would also be coming forward (ie hourly rates for use of fields etc). At the February 14, 2017 Council meeting Council reviewed the new presented “Bylaw 1806- Recreation Fees and Charges 2017-2019”. They made the following motions:

Brienesse/Browne That Council directs Staff to come back with a new rate schedule with less of an increase in youth rates and less of a decrease in adult rates, overall resulting in a revenue-neutral position for ball diamonds and soccer fields. Opposed Frank Wray CARRIED

Wray/Brienesse That whenever a one percent fee increase is shown for the years 2018 and 2019 in Bylaw 1806 Recreation Fees and Charges 2017-2019, it should be changed to a two percent increase. CARRIED

CAO Dir/DS Dir/FIN Agen Date: Regular Feb 28/17 Dir/CS Dir/WO Bldg Ins Admin Asst. Fire Planner Agenda Placement: Bylaws Dir /Rec Air/Mgr PCSO

"printed on Rainforest Alliance - FSC certified recycled paper"

BYLAW 1806 Page 167 of 204 Agenda Item # 8.1

Regular Council Page 2 Report: FIN 17-23

DISCUSSION:

Sections 4 through to 6: Parks and Fields: Below is a chart showing the impact that the new presented hourly rates might have on the revenue paid by the differing groups (based on similar hourly usage as in 2016). As can be seen the resulting revenue is very revenue neutral, and there is a lessening of the decrease to the adult revenues while lessening the increase to the youth groups. The factors presented are now a 4:1 ration compared to the past presented 2:1 ration (adult rate to youth, or subsidized, rate).

Hours Operating Cost Proposed Facility Organization Teams Revenue $ per Hour Revenue Diff Cost Recovery Used Cost Recovery 2017 Rate Ball Diamonds Smithers Junior Softball 11 $ 1,565.10 500 $ 3.13 $ 4.25 $ 2,125.00 $ 559.90 $ 30,000 29% Ball Diamonds Smithers Slo-Pitch 15 $ 7,119.00 390 $ 18.25 $ 17.00 $ 6,630.00 -$ 489.00 29% TOTAL $ 8,684.10 TOTAL $ 8,755.00 $ 70.90

Fields BVSS - Adult (Women/Men) 10 (6/4) $ 4,746.00 108 $ 43.94 $ 38.00 $ 4,104.00 -$ 642.00 $ 50,000 13% Fields BVSS - Youth 13 $ 1,912.60 263 $ 7.27 $ 9.50 $ 2,498.50 $ 585.90 13% TOTAL $ 6,658.60 TOTAL $ 6,602.50 -$ 56.10

TOTAL $ 15,342.70 TOTAL $ 15,357.50 $ 14.80

It is important to note that all Tournament fees set were based on 1.5 times the total day rate (since they get to use all of the park areas not just one playing field or one diamond). For the majority of the users this worked out well (and less than they have paid in past years) but for the Adult Soccer users this became much higher than what they had paid in the past (due to the new hourly rate) therefore an arbitrary amount of $350 per day was set for the Adult Soccer tournament rate, so as to not discourage use of the Chandler park fields by adult users for future tournaments.

Section 9: Bovill Square: Staff have also recommended adding an additional qualifying statement concerning Commercial Use to the definition that applies to Bovill Square: “…Any other Commercial entity that wishes to set up in, or around, Bovill Square, may have other negotiated fees, as approved by Council”

The reason for recommending the addition of this statement is that there could be more commercial enterprises than just Mobile Vendors who may wish to someday set up at Bovill Square. They would not only have to come to Council to get approval but there could be different fees established for that entity, depending on amount of time to be spent there and other factors Council may wish to take into account.

Section 11: RV Storage: Besides the 5% applied to the 2017 fees; 2% annual increases have now been applied to the 2018 and 2019 fees.

BYLAW 1806 Page 168 of 204 Agenda Item # 8.1

Regular Council Page 3 Report: FIN 17-23

Section 12: Fall Fairgrounds Fees: Besides the 5% applied to the 2017 fees; 2% annual increases have now been applied to the 2018 and 2019 fees.

RESOURCE IMPLICATIONS: The revenue generated by the new recommended field user fees may be similar to what was received in 2016, pending similar usage of the fields.

POLICY IMPLICATIONS: The Town is permitted to impose fees and charges under Section 194 of the Community Charter. Section 194 states that fees may be established by bylaw to cover all or part of a municipal service. Municipalities are required to make available, upon public request, as to how a fee is determined under this section.

ALTERNATIVES: 1. Below is an alternative set of hourly rate fees that could be used instead of the ones presented in the revised bylaw. These rates are more of a 3.33:1 ratio and produce a slight bit more revenue overall. They are not as favorable for the youth groups as the ones in the revised bylaw but are more favorable for the adults.

Hours Operating Cost Proposed Facility Organization Teams Revenue $ per Hour Revenue Diff Cost Recovery Used Cost Recovery 2017 Rate Ball Diamonds Smithers Junior Softball 11 $ 1,565.10 500 $ 3.13 $ 5.10 $ 2,550.00 $ 984.90 $ 30,000 29% Ball Diamonds Smithers Slo-Pitch 15 $ 7,119.00 390 $ 18.25 $ 17.00 $ 6,630.00 -$ 489.00 31% TOTAL $ 8,684.10 TOTAL $ 9,180.00 $ 495.90

Fields BVSS - Adult (Women/Men) 10 (6/4) $ 4,746.00 108 $ 43.94 $ 35.00 $ 3,780.00 -$ 966.00 $ 50,000 13% Fields BVSS - Youth 13 $ 1,912.60 263 $ 7.27 $ 10.50 $ 2,761.50 $ 848.90 13% TOTAL $ 6,658.60 TOTAL $ 6,541.50 -$ 117.10

TOTAL $ 15,342.70 TOTAL $ 15,721.50 $ 378.80

2. Below are the rates in the past Recreation Fees and Charges Bylaw 1785 - based on teams. Keeping “team” fees (with a % increase), as compared to the new recommended hourly rates, is also an alternative.

5 FIELD RENTAL RATES 2016 Includes both Resident & Non-Resident Teams 10% increase over 2015 (rounded) Fields: Chandler Field 1 & 2, Elks Ball Field 1- 4, Elks Mini 1, Heritage Ball 1, Heritage Rugby Field 1, Ranger Park a) Adult Teams per season per team $ 474.60 b) Youth Teams per Season per team $ 124.30 c) Adult Tournaments per day $ 317.80 d) Youth Tournaments per day $ 98.90

BYLAW 1806 Page 169 of 204 Agenda Item # 8.1

Regular Council Page 4 Report: FIN 17-23

Respectfully submitted: Approved For Submission:

______Leslie Ford, Anne Yanciw Director of Finance Chief Administrative Officer

p:\reports\2017\2017 report #23 recreation fees and charges bylaw 1806 revised.doc

BYLAW 1806 Page 170 of 204 Agenda Item # 8.1

BYLAW NO. 1806 - RECREATION FEES AND CHARGES 2017 - 2019 A Bylaw to establish recreation fees and charges for 2017, 2018 and 2019.

WHEREAS , under the authority of Section 194 of the Community Charter , Council may, by bylaw, impose a fee or charge in respect of all or part of a service of the municipality to cover costs as necessary;

NOW THEREFORE , the Council of the Town of Smithers, in open meeting assembled, hereby enacts as follows: CITATION 1. Bylaw No. 1806 may be cited as “Bylaw No. 1806 - Recreation Fees and Charges 2017 - 2019”. ADMINISTRATION PROVISIONS

2. This Bylaw repeals “Bylaw No. 1785 - Recreation Fees and Charges” and any amendments thereto.

RECREATION FEES AND CHARGES

3. a) Fees and charges to provide municipal recreational works and services shall be due and payable upon receipt of goods and/or services as specified in Schedule “A” attached to and forming part of this bylaw.

b) The Chief Administrative Officer or designate may recover any recreation fees or charges for different business activities affecting property or recreation including recreational services performed outside the municipality.

EFFECTIVE DATE: 4. This bylaw comes into effect upon adoption.

SEVERABILITY: 5. If any section, subsection, sentence, clause, or phrase in this Bylaw is for any reason held to be invalid by a decision of any Court of competent jurisdiction, the invalid portion thereof shall be severed and the decision that it is invalid shall not affect the validity of the remaining portions of the Bylaw.

BYLAW 1806 Page 171 of 204 Agenda Item # 8.1

TOWN OF SMITHERS BYLAW NO. 1806- RECREATION FEES AND CHARGES 2017 - 2019

Page 2

READ A FIRST TIME THIS 14th DAY OF FEBRUARY, 2017

READ A SECOND TIME THIS 14th DAY OF FEBRUARY, 2017

READ A THIRD TIME THIS DAY OF , 2017.

ADOPTED THIS DAY OF , 2017.

The Corporate Seal of the Town of Smithers was hereto affixed in the presence of

______Taylor Bachrach Anne Yanciw Mayor Chief Administrative Officer

CERTIFIED A TRUE AND CORRECT COPY of “Bylaw No. 1806 - Recreation Fees and Charges 2017 - 2019”

______Dianne Plouffe Corporate Officer

n:\wordpro\bylaws\bylaws frm 1750 to current\bl 1806 recreation fees and charges 2017-2019.doc

BYLAW 1806 Page 172 of 204 Agenda Item # 8.1

Town of Smithers Recreation Fees and Charges from 2017 to 2019 Bylaw No. 1806 Schedule "A"

All charges are subject to applicable taxes unless otherwise stated

2017/18 ICE 2018/19 ICE 2019/20 ICE 1 ARENA ICE SEASON SEASON SEASON a) Regular per hour $ 194.25 $ 194.25 $ 194.25 b) Subsidized per hour $ 93.98 $ 95.56 $ 97.13 c) Last Minute per hour $ 93.98 $ 95.56 $ 97.13 e) Additional Attendant per hour $ 56.10 $ 57.22 $ 58.37 f) Summer Commercial Ice (August 2017 only) per hour $ 144.00 - -

2017/18 Ice 2018/19 Ice 2019/20 Ice 2 PUBLIC SKATING & SHINNY HOCKEY - Taxes Included Season Season Season a) Tots (Ages 0-4) Free Free Free b) Child/Youth (Ages 5 - 18) per person $ 4.00 $ 5.00 $ 5.00 c) Adult (Ages 18+) per person $ 5.00 $ 6.00 $ 6.00 d) Family (minimum: one adult and 2 children) per family $ 10.00 $ 11.00 $ 11.00 e) Adult Shinny Hockey per person $ 8.00 $ 9.00 $ 9.00 per rental, per f) Skate/Helmet Rental $ 2.00 $ 2.00 $ 2.00 person

3 ARENAS - DRY FLOOR 2017 2018 2019 a) Regular (Per Arena) per hour $ 83.00 $ 84.00 $ 84.00 b) Regular - Day Rate (Per Arena - 8 hours or more) per day $ 664.00 $ 672.00 $ 672.00 c) Subsidized (Per Arena) per hour $ 41.50 $ 42.00 $ 42.00 d) Subsidized Day Rate (Per Arena - 8 hours or more) per day $ 332.00 $ 336.00 $ 336.00 e) Parking Lot Only - Exclusive Use per hour $ 41.50 $ 42.00 $ 42.00 f) Damage Deposit (event minimum) (Tax Exempt) per event $ 100.00 $ 100.00 $ 100.00 g) Damage Deposit (event maximum) (Tax Exempt) per event $ 500.00 $ 500.00 $ 500.00 h) Additional Attendant per hour $ 56.10 $ 57.22 $ 58.37 Definitions that apply to the Arenas: Ice Season The Arena Ice season starts when the ice is put into the Arena(s) and ends when the ice is taken out of the arena(s).

Regular Arena Ice Fee Community organizations, non-profit groups, individuals, or commercial entities that do not qualify under the Subsidized category (ex. Adult sport groups, hockey camps, private bookings, etc.)

Subsidized Arena Ice Fee Non-profit organization providing a public program for youth (includes local sport organizations, schools, & youth groups)

Last Minute Arena Ice Fee - Discounted rate intended to promote the rental of available ice within 7 days of scheduled booking - Booked on a first-come first-served basis - Cannot be used to replace a regular or previously scheduled booking - Bookings are final and non-refundable

Additional Attendant Fee charged for large-scale events where additional Town of Smithers employees are required (such as events that charge admission including special events/league games and/or beer gardens)

Arena Dry Floor Regular and Subsidized Rental Rates of the Arena(s) (when there is no ice) can include use of the Parking lots.

Commercial Summer Ice- 2017 The Commercial rate of $144/hr will only be charged in August 2017 to any Private Hockey School that rents ice to provide a hockey school for youth. Future Summer Ice fees will not exist - there will only be the Regular Arena Ice Rate, the Subsidized Arena Ice rate or the Last Minute Ice rate.

BYLAW 1806 Page 173 of 204 Agenda Item # 8.1

Town of Smithers Recreation Fees and Charges from 2017 to 2019 Bylaw No. 1806 Schedule "A"

BALL DIAMONDS (per diamond) 2018 2019 4 2017 Elks Park & Heritage Park 2% increase 2% increase a) Regular per hour $ 17.00 $ 17.34 $ 17.69 b) Regular (Day Rate) per day $ 136.00 $ 138.72 $ 141.52 c) Regular Tournament (Day Rate) per day per Park $ 204.00 $ 208.08 $ 212.28 d) Subsidized per hour $ 4.25 $ 4.34 $ 4.43 e) Subsidized (Day Rate) per day $ 34.00 $ 34.72 $ 35.44 f) Subsidized Tournament (Day Rate) per day per Park $ 51.00 $ 52.08 $ 53.16 g Washroom Facility Damage Deposit (Tax exempt) per event $ 100.00 $ 100.00 $ 100.00 h Washroom Facility Key Deposit (Tax exempt) per event $ 50.00 $ 50.00 $ 50.00

GRASS FIELDS - "A" Class (per field) 2018 2019 5 2017 Chandler Park 2% increase 2% increase a) Regular per hour $ 38.00 $ 38.76 $ 39.54 b) Regular (Day Rate) per day $ 304.00 $ 310.08 $ 316.32 c) Regular Tournament (Day Rate) per day per Park $ 350.00 $ 357.00 $ 364.14 c) Subsidized per hour $ 9.50 $ 9.69 $ 9.88 d) Subsidized (Day Rate) per day $ 76.00 $ 77.52 $ 79.04 e) Subsidized Tournament (Day Rate) per day per Park $ 114.00 $ 116.28 $ 118.56

GRASS FIELDS - "B" CLASS (per field) 2018 2019 6 2017 Ranger Park & Heritage Park 2% increase 2% increase a) Regular per hour $ 17.00 $ 17.34 $ 17.69 b) Regular (Day Rate) per day $ 136.00 $ 138.72 $ 141.52 c) Regular Tournament (Day Rate) per day per Park $ 204.00 $ 208.08 $ 212.28 d) Subsidized per hour $ 4.25 $ 4.34 $ 4.43 e) Subsidized (Day Rate) per day $ 34.00 $ 34.72 $ 35.44 f) Subsidized Tournament (Day Rate) per day per Park $ 51.00 $ 52.08 $ 53.16

7 NON- EXCLUSIVE USE OF PARK SPACE 2017 2018 2019

a) Regular Rate per hour $ 16.50 $ 17.00 $ 17.50

Definitions that apply to the Fields: Regular Fee Community organizations, non-profit groups, individuals, or commercial entities that do not qualify under the Subsidized category (ex. Adult sport groups, hockey camps, private bookings, etc.)

Subsidized Fee Non-profit organization providing a public program for youth (includes local sport organizations, schools, & youth groups)

Tournament Includes all fields/ball diamonds within a particular park

Day Rate Maximum charge per day when booking 8 hours or more

Non-Exclusive Use of Park Space This applies to any business/person or organization who would like non-exclusive use of a non-field green space.

BYLAW 1806 Page 174 of 204 Agenda Item # 8.1

Town of Smithers Recreation Fees and Charges from 2017 to 2019 Bylaw No. 1806 Schedule "A"

8 RANGER PARK BUILDING MEETING ROOMS 2017 2018 2019 a) Regular per hour per room $ 12.50 $ 13.00 $ 13.50 b) Regular (Day Rate - 8 hours or more) per day per room $ 100.00 $ 110.00 $ 115.00

9 BOVILL SQUARE 2017 2018 2019

a) Commercial Use Rate (4 hours or less) per half day $ 5.00 $ 5.25 $ 5.50

b) Commercial Use Day Rate (5 hours or more) per day $ 10.00 $ 11.00 $ 12.00

C) Refundable Key Deposit for Electrical Box (Tax Exempt) per event or use $ 25.00 $ 25.00 $ 25.00

Definitions that apply to Bovill Square: Commercial Use applies to Mobile Vendors who obtain approval from Council to set up in, or around (ie on the sidewalk bordering) Bovill Square. Any other Commercial entity that wishes to set up in, or around, Bovill Square, may have other negotiated fees, as approved by Council.

2017 2018 2019 10 RIVERSIDE CAMPGROUND Taxes included Taxes included Taxes included a) Campsite - Unserviced per night $ 26.00 $ 26.00 $ 27.00 b) Campsite - Partial Service (water and sewer) per night $ 30.00 $ 30.00 $ 31.00 c) Campsite - Full Service (electrical, water, sewer) per night $ 33.00 $ 33.00 $ 34.00 d) Per Tent in Tenting Area per night $ 20.00 $ 20.00 $ 21.00 per booking per e) Riverside Cookhouse event, not charged to $ 30.00 $ 31.00 $ 32.00 campers

2018 2019 11 RV STORAGE - QUONSET HUT (fall and winter) 2017 2% increase 2% increase a) Units up to 20 feet per unit $ 310.80 $ 317.02 $ 323.36 b) Units up to 25 feet per unit $ 385.35 $ 393.06 $ 400.92 c) Units up to 30 feet per unit $ 460.95 $ 470.17 $ 479.57 d) Units up to 35 feet (maximum allowed) per unit $ 535.50 $ 546.21 $ 557.13

2018 2019 12 FALL FAIR BUILDINGS 2017 2% increase 2% increase a) Quonset Local Community per hour $ 23.10 $ 23.56 $ 24.03

b) Quonset Local Community (Day Rate- 8 hrs or more) per day $ 189.00 $ 192.78 $ 196.64

c) Quonset Commercial Use per hour $ 37.80 $ 38.56 $ 39.33

d) Quonset Commercial Use (Day Rate - 8 hours or more) per day $ 300.30 $ 306.31 $ 312.44

e) Town Washroom Facility (per washroom) per day $ 89.25 $ 91.04 $ 92.86

Definitions that apply to Fall Fair Buildings Commercial Use applies to people or organizations that rent Town Facilities at the Fairgrounds for profit.

BYLAW 1806 Page 175 of 204 Agenda Item # 8.1

Town of Smithers Recreation Fees and Charges from 2017 to 2019 Bylaw No. 1806 Schedule "A"

13 RECREATION PROGRAMS Program Pricing Philosophy

Program rates will be set to cover all direct costs plus at least 10% to cover administration costs. Program rates are set by the Recreation Co- ordinator and are to be approved by the Director of Works and Operations and/or the Chief Administrative Officer. Direct costs include the following: a) Labour costs b) Material and supply costs for the program c) Facility costs – where applicable, i.e., a facility is rented to house the program

Subsidies - Programs a) Developmental Programs - activities/programs that do not initially cover direct costs may be offered at a loss in order to encourage and promote interest. It is expected that eventually these programs will break even. b) Experimental or Academic Programs - programs with limited users, but important to community and facility mandates, may be subsidized to ensure public access to specialized topics. c) Partnerships and Community Development Program - As external partners have decision making roles in these programs, Regular fees and charges may not apply.

Program Refunds - No prorated fees for registering after program start date - exception for registrations off the waitlist - Full refund if program is cancelled by the Town of Smithers - Full refund if requested 24 hours prior to program start - Pro-rated refund if requested 24 hours prior to the third class

- Refund requests for specialty programs (camps, special events, workshops, etc.) must be submitted 7 days prior to program start - No refunds provided after these deadlines without a medical note - Refunds must be requested in person or over the phone during office hours - Refunds will be returned by method of payment, with the exception of cash and debit. Fees that had been paid with cash and/or debit will be refunded by cheque through a regular Accounts Payable batch.

14 FINES AND PENALTIES Smoking at Town owned facilities or on Town owned properties:

There is absolutely NO SMOKING allowed on or in Town owned facilities or properties. Arena users, Ranger Park Centre users, and Field Users are responsible for communicating and responding to the behaviour of their participants, parents, and/or guests disrespecting this rule. If Arena or Field users do not respect this rule, organizations will be invoiced for $100 per offence.

Late Departures: Town owned facility users must vacate the property no later than ONE HOUR after their time is completed. If the property is not vacated within the one-hour time slot, extra charges will be invoiced to organization in one half hour increments.

Penalty for Late Payment: If an organization, person or group is invoiced for a fee or charge and they do not pay within 60 days of the invoice date they will be charged a 10% penalty.

15 INSURANCE REQUIREMENTS Each Arena user, Ranger Park Centre user, Fall Fair user, Field user group and/or individual is required to provide proof of insurance and name the Town as an additional insured to the Town's Recreation, Parks, and Culture Department prior to an event and/or program. If proof of insurance is not submitted before the event and/or program, the Town of Smithers has the right to refuse access to the facility.

The Town of Smithers requires a minimum of $2,000,000 liability insurance coverable of Town owned facility. The Town of Smithers retains the right to request for insurance coverage up to $5,000,000 depending on the type of event and/or program.

BYLAW 1806 Page 176 of 204 Agenda Item # 9.1

From: Cathy Peters To: [email protected] Subject: Human trafficking/sexual exploitation, youth and child exploitation in BC and every community Date: February-18-17 5:07:43 PM Attachments: Public presentations handout.docx Importance: High

Dear Councillors and Mayor, I hope this email reaches the Mayor and every City Councillor in your city/municipality. Could this be emailed to everyone on Council so that they can look up the links?

I have been raising awareness to this issue for the last 2 years since “The Protection of Communities and Exploited Persons Act” became Federal Law. I have written twice to every BC City Council and police detachment in the province (RCMP and city agencies). I have spoken with the Premier and caucus, Minister of Justice, Solicitor General, the RCMP and city police agencies.

This issue is global, and the internet is facilitating the rapid growth of this crime. Children are the targets for the growing sex trade industry. No community is immune. My goal is prevention. (The United Nations has 4 Pillars to Stop trafficking: Prevention, Protection, Prosecution, Partnerships).

I have included an attachment which is the handout I provide at my public presentations. It gives an overview of resources applicable to this issue.

My latest City Council presentation was to Courtenay City Council on December 19, 2016. Please view it and share with community stakeholders.

Please help me stop this egregious crime. Please write the Premier, Minister of Justice, Solicitor General that this crime needs to be addressed. Please ask for implementation/funding for enforcement of the law and education of police and the public.

I have included the 3 links from the Federal Ministry of Justice (in Ottawa) explaining the law; frequently asked questions document, fact sheet and Technical Paper.

http://www.justice.gc.ca/eng/rp-pr/other-autre/c36faq/

http://www.justice.gc.ca/eng/rp-pr/other-autre/c36fs_fi/

http://www.justice.gc.ca/eng/rp-pr/other-autre/protect/p1.html

The RCMP has a wallet card on Human Trafficking (from the Human Trafficking Coordination Center in Ottawa) with 5 questions on it, that can be asked in suspicious situations: Are they working and being paid what was promised? Are they being forced or pressured to work? Do they have

HUMAN TRAFFICKING Page 177 of 204 Agenda Item # 9.1

access to their identification/travel documents? Are they or their loved ones being threatened? Are they free to go where they please? If the answer is no, then call the police and report.

Please contact me for additional information. Please let me know what you are doing in your communities to address this crime. It is a lucrative crime and organized crime/gangs are often involved. BC is lagging behind in making any charges or convictions. Sincerely, Mrs. Cathy Peters

Recent videos addressing trafficking: Actor Ashton Kutcher testifies of his work to stop trafficking: http://globalnews.ca/news/3251001/ashton-kutcher-testifies-before-u-s-senate-committee-on- human-trafficking/ UK police use this video to warn youth/parents of luring online: https://www.youtube.com/watch? v=WsbYHI-rZOE

HUMAN TRAFFICKING Page 178 of 204 Agenda Item # 9.1

CANADIAN FEDERAL LAW: “The Protection of Communities and Exploited Persons Act”: Targets the demand by charging the buyer of sex; the predator, trafficker, john, facilitator are criminalized. 2. Recognizes the seller of sex is a victim; usually female and is not criminalized. 3. Exit strategies put in place to assist the victim out of the sex trade.

Know the warning signs of human trafficking in your community, at work, and when travelling. Call the police immediately. Call Crime-Stoppers: 1-800-222-8477, Kids Help Phone: 1-800-668- 6868. If a child is in danger call 310-1234 to reach Ministry of Child and Family Development.

WHAT CAN YOU DO? Educate yourselves about the issue. “Education is our greatest weapon”. Look up online: thetraffickedhuman.org. Share what you learned today. Call for change; email, call or write a letter to leaders (Municipal, Provincial, Federal) to ask them to address the problem of human trafficking/sexual exploitation/youth and child exploitation by focusing on the 2 E’s: Education of our youth and Enforcement of the law. Support anti- human trafficking policies and support exit programs for trafficked women (Salvation Army: Deborah’s Gate, Union Gospel Mission, Covenant House, REED). Connect with our youth, and encourage our girls to be strong and confident, and for our boys to be respectful. Talk about the issue of objectification of women and girls and that it is a human rights issue. Help frontline workers, NGO’s and the organizations that help survivors of human trafficking by volunteering. Raise awareness. Watch the documentaries (Google them): “Enslaved and Exploited” and “Red Light, Green Light” by Jared and Michelle Brock (2 young Canadian film makers). Read the Canadian “textbook” on the issue “Invisible Chains” by UBC law professor Benjamin Perrin. Take the online course on Human trafficking from Ministry of Public Safety in BC OCTIP (Office to Combat Trafficking in Persons). Study the effect of porn on the (developing) brain (neuroscience research); Dr. Gary Wilson. Watch the Dr. Jackson Katz TEDtalk on men, violence and silence. Check out “fightthenewdrug” website to address youth porn use and addiction.

Learn how the internet works; its strengths and weaknesses. Be computer literate. Take a “cyberspace safety” education course and share what you learn with your family. Sit and listen to your children, grandchildren, greatgrandchildren. Let them talk to you. Learn about their world. Build bridges of trust and unconditional love for your families. Be proactive and involved in children’s lives. Google: “How to stay safe online”, then share that information with your family. “Every child is one consistent caring adult away from success”.

HUMAN TRAFFICKING Page 179 of 204 Agenda Item # 9.1

(some) ORGANIZATIONS COMBATTING HUMAN TRAFFICKING: BC Office to Combat Trafficking in Persons (OCTIP) at 604-660-5199 or [email protected], REED (Resist Exploitation, Embrace Dignity), Servants Anonymous Society, Vancouver Rape Relief and Women’s Shelter, Covenant House, Children of the Street Society, EVE (Exploited Voices Now Educating), Mothers Against Trafficking Humans, Safe Online Outreach Society, Fortress Foundation (addressing porn addiction), Salvation Army (Deborah’s Gate), The Joy Smith Foundation (Manitoba), RCMP Human Trafficking National Coordination Center (Ottawa), MAST- Men Against Sex Trafficking (London, Ontario), Moosehide Campaign (aboriginal men addressing exploitation of women and girls), Sextrade 101, Defend Dignity, End Modern Slavery-Canadian Advocacy, Stop Child Trafficking, Stop the Traffick, Hope for the Sold, Face It Canada, Walk With Me, International Justice Mission, Chrysalis Network and National Human Trafficking Support Line, Shared Hope International (Washington State), Human Smuggling and Trafficking Center (Washington, DC), Coalition to Abolish Slavery and Trafficking, Free the Slaves, Polaris Project (USA), Male Renaissance Project (for men and boys).

RESOURCES/ BOOKS: “Invisible Chains” by Benjamin Perrin- the textbook for Canada on Human Trafficking. “Half the Sky” by Nicolas Kristoff- New York bestseller describing the global sex trade. “The Natasha’s” by Victor Malarek and “The John’s” by Victor Malarek- W5 award winning Canadian journalist researches the victims, and the men who use. “Pornland” by Dr. Gail Dines- New York bestseller that exposes porn culture and how it is mainstream. Google her TEDtalk; in 13 minutes she exposes what children are watching. “No Choice, No Job” by Dr. Janice Raymond- expert in global sex trade research. “Prostitution in Nevada” by Dr. Melissa Farley- a 2 year study of the prostitution culture in Nevada, USA. “Girls Like Us” by Rachel Lloyd- a memoir by a prostituted sex survivor who helps others exit the sex industry. Google online: CNN special report (2015) called “Children for Sale: The Fight to End Human Trafficking” produced by Jada Pinkett Smith. CONTACT: Mrs. Cathy Peters: [email protected]

Former inner city high school teacher (Southern Okanagan, Delta), volunteer for 5 years for 2 Federal MP’s (John Weston; West Vancouver-Sunshine Coast-Sea to Sky, Joy Smith; St. Paul/Kildonan, Manitoba), advocate and speaker on Human trafficking/sexual exploitation, youth and child exploitation, youth porn use/addiction.

It is unacceptable that women and children are bought and sold in a modern equal society.

HUMAN TRAFFICKING Page 180 of 204 Agenda Item # 9.2

,4 i¿b Ll,l Å¿t / RIEGËIVEÐ FEB 1 4 2ilil The Mayor Town of Smithers Town *d *rcü.i'arç 1"027 Aldous Street, Box 879 Smithers, BC Canada VOJ 2N0

Re: Sign for Lalazan Restaurant

I am writing to express my disappointment and surprise that the Town has directed me to remove my sign from my business through your Building lnspector Roye Lovgren.

My sign is on a small part of building that projects from the main part of the building. I have been told thatitisnotpermissíblebecauseitobstructstheviewofthemountains! Wouldyoubekindenoughto provide the rationale of how it obstructs the view of anything except the wall behind it??? tt basicaliy is aligned with the main part of the façade.

It has been only 7 months since I opened my business. A restaurant ¡s notoriously difficult to make a success...most fail within 1- year. lt is incredibly labour-intensive and expensive. However, I love the work and I am doing my utmost to make it a success. My business provídes empioyment for 3 people and two of them are off Employment insurance because of it. I myself work 7 days a week - at least 65 hours.

Forcing me to now hire someone to fix that s¡gn is another expense I can't afford and more importantly will look unattractive. Your other alternative to remove it altogether. Seriously? A shop without a sign? ! i

I would like to contríbute to this community wíthin the framework of sensible rules and regulations. Kindly show me proof of how my sign obstructs the view of the mountains.

Thank you. f,

Rahilla Khan Owner of Lalazar Restaurant

PS. Your Christmas card that was dropped off to my business had neither my name on it, northe name of my businessl The Town obviously has all this info 6

CAO tl DìrlDs rlFiN Dir/g5 l,l 0ìrM0 n tsldg lnn aÍR€nt; ,\ìrrrinAsst, I ì Fìrr¡ Ll Flannaf Other: ft6s. Qs6¡fl. ì-l Atr iVlgr fI PCSO if

LALAZAR SIGN Page 181 of 204 Agenda Item # 9.2

2/(

LALAZAR SIGN Page 182 of 204 Agenda Item # 9.2

3 /..1

PO Box 879, 1027 Aldous Street, Smithers, BC VOJ 2N0 Sîtrîther Telephone (250) 847-1600 - Fax (250) 847-1601 - www.smithers.ca

February 15,2017 Fíle: 4520-20/ 3835 First Ave

Lalazar Restaurant Rahilla Khan Box 3037 Smithers, BC VOJ 2N0

VIA EMAI L: rahilla.¡l

Dear Ms. Khan:

Re: Sign Permit Application

On June 27,2016, you submitted and paid for a Sign Permit application for a Fascia sign to be installed on your building. The permit remains unapproved because of the location of the sign.

On February 9,2017, I met you at your restaurant where we reviewed the sign together and I requested that you removed the roof top sign within two weeks. That date is February 23,2017.

You may choose to write a letter to Mayor and Council requesting that the sign remain where it is located.

The following references are from Bylaw No. 1789, Sign Bylaw

a 2.O-Defínitions: Fascia Sign means a permanent sign that displays only one sign surface and is attached parallel to or painted on the surlace of a building or structure, including any permanent building fixture, and is supported by such building or structure.

a 2.O-Definitions: Roof Line means the horizontal line joining the points of intersection of the exterior wall of the building with the roof of the building. ln the case of a building with a pitched roof, the roof line shall be at the eaves line.

a 4.O-Prohibited Signs: Prohibited signs include, but are not limited to: e) Roof signs located on and over the roof of a building or any sign that extends past the roof line.

LALAZAR SIGN Page 183 of 204 Agenda Item # 9.2

f /,1

O 8.4: Fascia Signs are permitted in all zones, subject to the following regulations o Maximum area of 10 m2 (107 sq ft) o Maximum height of 5m (16 ft) o Attached to a permanent base with a valid Town of Smithers Building Permit.

11-Enforcement: lf the Director determines that an owner or occupier of property has not complied with any provision of this bylaw, or a sign permit issued under thís bylaw, the Director may, by notice in writing, make an order directing the person to do any of the following: o Bring the sign and the property into compliance; o Repair, alter or remove a sign; and may specify in the order a date by which the person must remedy the noncompliance.

I encourage you to write a letter to Mayor and Council to argue the case for your existing sign. However, you may be interested in knowing that in Spring 2017 the Town will release a grant program specifically for signage under the Smithers Storefront Spruce Up Program in which you can apply for 50% cost recovery up to $1000 for an approved sign.

To review the entire Sign Bylaw No. 1789, go to www.smíthers.ea

Regards,

Roye Lovgren, Building and Business License lnspection

n:\development services\development 2017\other correspondenceVoye lovgren\lalazar restaurant sign 20'17.docx

LALAZAR SIGN Page 184 of 204 Agenda Item # 9.2

L3)

LALAZAR SIGN Page 185 of 204 Page 186 of 204 Agenda Item # 9.2

, . V‘ r , ‘ 1:‘~ L. L. gt“ 3}7l..-..‘1'$;

LALAZAR SIGN Page 189 of 204 Page 190 of 204 Agenda Item # 9.3

ECEIVE 5\30 )-a E tBt 21 ?t11 vl Town of Smithers Town of gm[troñ¡ Mayor and Council

Re: Petition to pave 4100 Block off 2dAvenue

Dear Mayor and Council

My name is Margaret Goodacre and I own a house on the 4100 Block of 2nd Avenue. Years ago my

husband obtained the needed signatures for a local area servicing bylaw. Unfortunately there were

problems that negated that effort so the paving never happened. My daughter in law, Mary Etta

Goodacre has offered to assist me to try once more to obtain the needed approvals from property

o\ /ners to get the road paved. This letter is to inform you that Mary Etta is acting on my behalf as I'm

nearing my gl" birthday and hope to see the road paved while I'm still alive to enjoy it. If you have any

questions I can be reached at250-847-9993. Thank you.

Sincerely Yours

Margaret Goodacre

4ll}-zdAvenue

Smithers BC

CAO t] Dir/D$ IN u Agen Date: Dir/CS n DirA/VO n Bldg lns n ln-Cam Admin Asst, tr Fire fl Planner n Age nda Placement: Req, Cootd. tl Ar u Pcso tl

4100 BLOCK 2ND AVE - PAVING Page 191 of 204 Page 192 of 204 Agenda Item # 10.1

t/z- Operolion Lifesover Opérolion Gorequtrqin 901 - 99 Bonk STreet 901 -99, rue Bonk Otlowo, Ontorio KIP ó89 Ottowq, Onforio Kl P ó89 Telephone (613) 564-8097 Téléphone (6131 564-8097 tox (óì3) 567-6726 Télécopieur (613) 567-6726 E-moil [email protected] Couniel odmin @operolionlifesover.cq obp"ot @-*- January 31,2017 I *E lFil t-Ã t:-A d.ì -. ill**{ÉutEij'lÍ,;;, uutl tt ', .l Office of the Clerk FE8 Ü Town of Smithers ?I]i PO Box 879 1027 Aldous Street Smithers, BC VOJ 2N0 Îc{sîi *f .t ,,

Dear Sir / Madam:

Canada's 1 5th annual Rait Safety Week will be held f rom April 24 to 30, 2O1Z . The purpose of this national event is to raise awareness about rail safety, and to highlight the ongoing commitment of communities such as yours, along with rail companies and their employees, in making Canada's rail network even safer

Once again this year, Operation Lifesaver is proud to be supporting the activities and events that will be taking place across the country throughout Rait Safety Week. These events will emphasize the need for railways, communities and members of the public to work together to prevent the avoidable accidents, injuries and damage caused by collisions at level crossings, and incidents involving trains and citizens.

Your council can be a powerful ally for our public awareness campaign by adopting the enclosed draft resolution to support Rail Safety Week in your community. Should you require additional information about Operation Lifesaver and rail safety, please consult

www. operation I if esave r.ca.

Thank you in advance for supporting this request and Rait Safety Week. We would greaily appreciate it if you would send us a copy of your resolution, and keep us informed of how you will be promoting rail safety in your community this year.

Sincerely,

( ? --ì

Stephen Covey Sarah President National Director (lnterim) Operation Lifesaver Operation Lifesaver

Encl. CAO rl Dir"Ds t-l DirlFli.l Li Açen Date r¡rriCS l-l Dir^iVO IJ Bldct lns n ln-Carn Daie: i,j¡1r;¡11..;31 l l Frre tr Pla¡¡¡er tl l\cr;rCa Plaæment'. Ò¡¡!i-. Reo, eoord, t,J Atr Nlgr N PCSO i.ì Oiirer, = '--

Operolion Lifesover is o nolionol roil sofety progrom, sponsored by Opérolion Goreoutroin est un progromme nolionol de sécudlé Tronsporl Conodo ond lhe Roilwoy Associolion of Conodo, lhot works ferrovioire porroiné por Tronsporfs Conodo el I'Associolion des chemins 1o sove lives by educoling Conodions obout lhe hozords of roilwoy de fer du Conqdo, qui vise ò souver des vies en informonl les Conodiens crossings ond lresposslng on roilwoy properly. des dongers posés por les possoges ò niveou ei les intrusions sur le domoine ferrovioire.

OPERATION LIFESAVE Page 193 of 204 Agenda Item # 10.1

J-lz

(Draft Resolution)

RESOLUTION IN SUPPORT OF PUBLIC - RAIL SAFEW WEEK

Whereas Public - Rail Safety Week is to be held across Canada from April 24 to 30, 2017

Whereas it is in the public's interest to raise citizens' awareness on reducing avoidable accidents, injuries and damage caused by collisions at level crossings or incidents involving trains and citizens;

Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the rail industry, governments, police services, the media and other agencies and the public to raise rail safety awareness;

Whereas Operation Lifesaver has requested City Council adopt this resolution in support of its ongoing effort to save lives and prevent injuries in communities, including our municipality;

It is proposed by Councillor

seconded by Councillor

It is hereby RESOLVED to support national Public - Rail Safety Week, to be held from April24 to 30, 2017.

OPERATION LIFESAVE Page 194 of 204 Agenda Item # 10.2

ê7ao"-o> Leslie Ford vj

From: Kelly, Evan B FIN.EX [[email protected]] Sent: Monday, February 20,2017 4:50 PM To: '[email protected]', Leslie Ford cc: Municipal and Regional District rax program DBC:EX; Kelly, Evan B FIN:EX Subject: RE: MRDT Application Approval - Smithers Dear Gladys and Leslie,

The Town of Smithers's application for the renewal and rate increase of the three per cent tax on the purchase of accommodation within the Town of Smithers under the Municipal and Regional District Tax Program has been approved. The renewal and increase will take effect on July L,2OL7 . For your records, attached is a copy of the approved Order in Council. This OIC should be available to the public on bclaws.ca within the next few weeks.

Please note that the government may send further correspondence with comments and feedback on the Town's application.

lf you have any questions about your reporting obligations, please contact Destination British Columbia at mrdt@destination bc.ca.

Regards,

.EK

Évan Kelly Strategic Advisor I Policy & Legislation Dívisicn I Ministry of Fjnance Tel. 250-387-gttg I tmail: [email protected]

9Aû ü Dir/Ds n Dìr¡PlN Ë AgonDah: F¿A ¿tr/tz Dir/CS n Dir,A/VÖ U Bklg lns a ln"tam A,clnrìn Assi. I-J Fire [] Pianner Lll Agenda Ëlaeement: Rec, Çcord, il éür Mgr Ë P0€c [i Oihor; 2/21/2017 u

3% HOTEL TAX Page 195 of 204 Agenda Item # 10.2

^/ 3 PROVINCE OF BR¡TISH COLUMBIA

ORDËR OF THË LIilUTENANT GOVERNOR IN CCIUNCIL

Order in Council No. 052 , Approved and Ordered FebfUary 17 , 2017

Ç-rr, $ *,,,r-t^, Lieuþ{tar$. Goveinor

Executive Council Charnbers, Victor ia On fhe recornmendation of the undersigned, the Lieutenant Governor, by ancl with the advice and consenl of the Executive CoLrncil" orclers that the Designafed Accommodation Area Tax Regulation, B.C- Reg.93./2013, ìs amended,

(a) etï'ective April l, 20 I 7, as set out in tlte atlached Appendix 1,

(b) eflectíve June I , 20lJ as set out in the attached Âppendix 2, and " (c) eifective July i, 20\-1, assct out in The attached Appendix 3,

DEPOSITED

February 20,2017

B.C. REG. 41 7

\ i

I I i Minister of Finance Presíding Member of the Êxecutive Council

( l.llis part is lbr admi¡ristrative purposes only and is not pcrt oltlte C)rder.) Authority under which Or¿ler is r¡ade;

Act ùnd section: Provincial Sales Täx Act, S.B.C, 2012, c,35, s. 240 Other: Qlf, l2'7/2013

January ?6.2017 2tPJ1203/24ß12

pzrgc I of 2

3% HOTEL TAX Page 196 of 204 Agenda Item # 10.2

Á.ppËNolx 1

schedule I ofthe Designated Accommodation A¡ea Thx Regulation, B.c. Reg.g3i70l3, is a mended by repealing iiem I and slbstítuting the following: Itenr Column I Column 2 umn 3 Iumn 4 Designated Rate of ,{ccornmodafion Area Designated Recipient Tax Repeal Date I City berley of ¡ m n t,2022

? Schedule 3 is arnended by adding th€ following secrion;

Kimberley

I The City of Kimberley rnay spend the money paid to it for convention centre marketing.

APPSNDIX 2

schedule I of the Designared Accommodalion,årea Tax Regulation, B.c. Reg. 93/zû13, is a¡nended by adding the following:

Item Column l Colurnn 2 Column 3 Column 4 Designated Rale of Accommodation Arca Designated Recipient Tax Repeal Date ¡9.r Cily of Salmon Arm Ciry of Salmon Arm 2% June 1,2t22

A.rpsì'¡prx 3

srihedule I ofthe Ðesignated Accommodarion Area Tax Regulation, B.c. Reg. 9312013, is amendcd by repealing items 7, 8, i5, ?5 and 35 and subsfituting the following:

liem Column I Column 2 Cclumn 3 Column 4 Designated Rate of Accommcdation Area Designated Recipient Tax Repeal Date 7 City of Kamloops City of Kamloops 3% luly 1,2422 I Cify of Kelowna City of Kelowna 3% July 1,2022 ¡5 Cify of Prince ûeorge City of Prince Ceorge 3% Iuly 1,24?2 25 District of Port Hardy District of Port Hardv 3o/s Iuly 1,2022 35 Town of Srnithers Town of Smithers J70 --.-:\-)

page 2 of2

3% HOTEL TAX Page 197 of 204 Agenda Item # 10.2

4-¿e,r/.

3% HOTEL TAX Page 198 of 204 Agenda Item # 12.1

t. "I

Dianna Plouffe

Subject: 05¿C'O5 FW: proposed BVSAR building EGigüVE

FËB 2 ? ?fliI From : Anne Harfenist I'*lg¿$r llil :i"; ti*,ir¿ei¡rs Cc: Greg Brown

Dear Mayor Bachrach,

I notice that the BVSAR has submitted a concept plan for a new building to be discussed at this week's council meeting. Although I understand the importance of the BVSAR and applaud their continued work, I am quite perturbed about the proposed location of the new building for several reasons. Ranger Park is a very well used neighbourhood park - a number of families use it on a daily basis all year round. One of the appreciated attributes of Ranger Park that draws people from further afield is the treed natural character that contrasts with the manicured and, in my opinion, more sterile character of many green spaces in town. The trees also encourage a type of unstructured play in kids who frequent the park which is different from that seen in kids on playgrounds. Construction on the specific area proposed for the building would involve destroying mature trees and would undoubtedly damage the root systems of nearby trees which could result in their premature death. Some will say that there is plenty of park and the building will only take up a small portion of the total area. However, the trees along that edge of Ranger Park shield park users from the Ranger Park building, allowing for a more natural feeling experience.

I recognise that the BVSAR prefers the central location of Ranger Park to the airport lands that were mentioned at the läst council meeting. However, there are other possibilities. For example, the building could be located in the largely unused dirt parking lot near the baseball fields on Railway or in the field along the road down to the municipal campground (although that would also alienate green space, it is a more poorly used area). ln the spirit of not being a NlMBYer, I also note that the parking lot at Ranger Park is larger than it need be and the BVSAR structure could possibly be built abutting the present building along the northish end or along the more easterly side of the lot.

I encourage you and council to offer other options to the BVSAR.

Sincerely,

Anne Harfenist 3651 Hillside Drive Smithers

'-fl\j ND ir/Ds n Dir/FiN lJ Agen Daie -) ,,ìot ri:i':Lb nD rrtuVO f-l Lìlcig lns L.I ln-C¿nt Llale... t-:,i;,*;:¡l ASSi tÌ Fi ll Pi.lrrlìot l 1 /\ir,.,r'il Pi¿ìci.;ntelti iìr:c Coord lli\ i iilrlr i i ¡,.,i.(,r t I í:ii;¡¡

HARFENIST - RANGER PARK Page 199 of 204 Page 200 of 204 Agenda Item # 12.2

From: Web Query To: Front Desk Subject: Smithers.ca Feedback Submission Date: February-27-17 9:21:36 AM

Web Form Submission Email [email protected] First Heather Name Last McCoy Name Phone * This is in reference to the proposed building for BVASR in Ranger's Park, which is on your meeting's agenda this evening. I hope that another site could be chosen. The park is very valuable to this community and other surrounding communities. Many Message people in Smithers use this beautiful park. The trees and wildlife are very valuable for our environment. There must be other places. Please do not disturb what little parkland we have. Sincerely Heather McCoy

McCOY - RANGER PARK Page 201 of 204 Page 202 of 204 Agenda Item # 12.3

Ir:)IEGIEIIVlts ,r". 1;P' }.ú lJ-ù 2 FEB 2 1 2817

Town of $mltlrers To: Mayor and Council

I fason l(umlea have just read the letter enclosed. First and foremos! I see this as a

complete conflict of interest, as Margaret Goodacre is the only Goodacre living on

the 4100 block of Second Avenue, and is having her daughter-in-law help her

conduct a petition to try to obtain signatures for paving this block. Secondly, her .

daughter-in-law is not a resident of Second Avenue and neither is her husband and

councillor Bill Goodacre. Now this was a matter bought fourth to council roughly

five years ago and was met with strong opposition from non-agreeable neighbours.

This was petitioned twice at that time, need we be reminded, and was voted out as

over 510/o of residents did not agree and all efforts were exhausted. This was an

issue that continued for roughly eighteen months and caused undue stress and

hardship for my fellow neighbours, and rnyself that were not willing to pay for the

proposed cost of the project. I have now been in contact with some of these same

neighbours again and we still feel the same as we did five years ago. The answer is

still NO! Now I would like to suggest that council not pursue this mafter any further.

Thank you for your consideration.

Sincerely,

Jason Kumlea 4'L4'1, Second,4ve. Smithers, BC.

CAO Li i,,i-,; /:: Dir/eg t-l DiilWO iJ Blrlg lng I I ln"O¡ni llale g1¡¡¡¡ ¡cs1. t_l Flre [ ] Plnnnor l-ì Ê¡¡enela Fålirnrlnt RBc, Coord, tJ Ajr Migt f,¡ PC$0 t-l 0{herr

KUMLEA - SECOND AVE PAVING Page 203 of 204 Agenda Item # 12.3

â/t

Swo-z-o lFlËcuo*E

FEB 2 t ?0t? T*rvs of Srnilhers vl Ïæn ot Smtnlr¡ Mayor and Council

R.e: PetifÍe¡n ti) påvë "litiü Bloctr üft 2dAvenue

Dear Mayor and Cauncil

fuIy narne is Margaret G*oclacre and I own a house on the 4trûû Btock of Znd Avenue. Years ego my

husband obtained the needed signatures for a iacal area servicing bylaw. Unfortun¿tely there were

pr*blenas that negated that eff*rt so the p*viag rrË1r*Í h*ppened^ hIy daughter in lar,g fufary Tr,tra

Goodacre has offered to assist me to try once raare to sbt¿in the needecl appravals &om property

or¡/ner$ to get the road paved. This letter is to infon"n you that rl4ary Etta is acting on my behalf as tr'm

nearing my 9l$ binhda,v and hope t* cee the r*ad paved irl:ile T'ra stitt alive ta enjoy it, {f you have any

questions I can bc rea*hed at 25û-847-99ç3. Tha*k you.

Sincerely Yours 7tt

Malgaret Goodacre

411ü-2il Avenue

Smithers BC

.ç\i0ir/rN tAt Ü DirJDa ü Agen oate: fr/t-å-Ê*_ti" DirlCS n D¡r/VVO tl Bldg lns n ln-Cam &imin Ae$ Ü F\rs ll Plannçr t-i Aqende Placement: Rec, CoEtd. Í ArMgr il PCSO

KUMLEA - SECOND AVE PAVING Page 204 of 204