The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:35 p.m., August 13, 2001.
	Present: Mayor Michael Coleman, Councillors Sharon Jackson, Phil Kent, Martin Lukaitis, Geoff Maxwell and Ken Newcomb. Absent: Councillor Mike Caljouw. Also Present: Mark Frame, Deputy City Clerk.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Minutes	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the following Minutes be adopted: · Public Hearing held on July 9, 2001; · Regular Meeting of City Council held on July 9, 2001; · Special meeting held on July 24, 2001. Carried.
	Delegations
Shannon Roome, Adam Johnston and Jean Hunter – Lane between Coronation Avenue and Charlotte Street	Shannon Roome and Adam Johnston of 701 Coronation Avenue and Jean Hunter of 693 Coronation Avenue appeared before Council to present a petition to close the lane between Coronation Avenue and Charlotte Street to vehicular traffic. Movd. Councillor s. Jackson Secd. Councilor M. Lukaitis THAT the 60-name petition presented to Council by Shannon Roome, Adam Johnston and Jean Hunter requesting that the lane between Coronation Avenue and Charlotte Street be closed to vehicular traffic be referred to the Public Works Committee for recommendation. Carried.
Glenn Mackie, Fire Chief – New Pumper Truck	Fire Chief Glenn Mackie appeared before Council to reiterate the Duncan Volunteer Fire Department’s view that the City should purchase the American LaFrance’s Option #2, the “EAGLE II” as opposed to the American LaFrance Option #1 recommended by Mr. Dave Williamson of Focus Business Management Solutions.
	He noted the following:
	Even with 12” being reduced from the commercial chassis, there is still not enough room to walk between trucks in the truck bays.
	The commercial cab can also hold six persons but will be crowded.
	Chief Mackie opined that the Eagle II is not the cheapest or the most expensive but is the best for the City.
	Communications
Children With Intestinal and Liver Disorders Foundation (CH.I.L.D.)	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT September 20, 2001 be proclaimed as "SUBWAY Day for CHILD" in the City of Duncan as requested in the July 9, 2001 letter from the CH.I.L.D. Foundation (Children with Intestinal and Liver Disorders); AND THAT Mayor Coleman or his representative participate in their sandwich-making event at the local Subway Restaurant, 330 Trans Canada Highway on September 20, 2001 (Thursday). Carried.
Canadian Coast Guard - Universal Shoreline Speed Restriction	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the letter dated July 13, 2001 from the Canadian Coast Guard, wherein they advise that the Universal Shoreline Speed Restriction restricts all power-driven vessels to 10/km/h (5.4 knots or 6.2 mph) while operating within 30 m (100 ft) of shore on all inland waters of British Columbia, be received, the contents noted and filed. Carried.
IWA - Forest Opportunities & Enhanced Silvi-culture Funding	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT a letter of support be sent to the Industrial, Wood & Allied Workers of Canada (IWA) supporting New Forest Opportunities and enhanced Silviculture funding in reply to their July 19, 2001 letter. Carried.
BC SPCA - Animal Welfare in BC	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the letter dated July 20, 2001 from the BC SPCA, wherein they advise of their newly initiated province-wide community consultation process to solicit public and stakeholder input into the state of animal welfare needs across British Columbia, be received, the contents noted and filed. Carried.
City of Surrey - Fire Services Insurance Tax	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT City Council support the following resolution being proposed by the City of Surrey at the Union of British Columbia Municipalities Conference in September 2001:
	“WHEREAS the cost of providing Fire Services has increased substantially over the past few years; AND WHEREAS the Insurance Industry is receiving benefits from Fire Service in the form of decreased risk of property damage by fire; AND WHEREAS the Provincial Government collects annually 4% premiums on all property insurance policies issued; AND WHEREAS revenue collected under the Insurance Premium Tax Act has been paid into the Consolidated Revenue Fund; AND WHEREAS this tax was originally imposed to cover the costs (salaries and expenses) of administering the Fire Services Act; AND WHEREAS the Provincial Government imposes a mandatory requirement of provision of a regular system of fire inspections and fire investigations on municipalities and cities; THEREFORE BE IT RESOLVED THAT the 4% Insurance Premium Tax, less costs directly incurred by the Office of the Fire Commissioner, be redirected to cities and municipalities to offset the costs of providing Fire Services.” Carried.
DBIAS - Membership Mixer – September 13, 2001	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT as requested by the Duncan Business Improvement Area Society (DBIAS), Council authorize the use of the City Hall courtyard, parking lot north of City Hall and Lois Lane for a Membership Mixer between 4:00 p.m. and 7:00 p.m. on September 13, 2001 (Thursday) subject to:
	The DBIAS holding harmless the City of Duncan from any and all potential liability claims in writing; 2. The event being covered by the DBIAS with a public liability insurance policy with coverage of $2,000,000 per occurrence and with the City of Duncan being named as an “additional insured” party on the policy (copy to be supplied to the City Administrator);
	3. Payment by the DBIAS of a $300.00 security deposit, which will be refunded if the areas and facilities are left in a clean and undamaged condition;
	AND THAT Lois Lane and the parking lot north of City Hall be closed to vehicular traffic from 3:00 p.m. to 8:00 p.m. on September 13, 2001. Carried.
Duncan United Church - Harvest Fair – September 29, 2001	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT Council authorize the Duncan United Church to stage a Harvest Fair on Ingram Street on September 29, 2001 (Saturday); AND THAT Ingram Street between Jubilee Street and the westerly boundary of 246 Ingram Street be closed to vehicular traffic from 6:00 a.m. to 6:00 p.m. on Saturday, September 29, 2001 for this purpose subject to the following terms and conditions:
	· Duncan United Church apprising the DBIA Society of the event activities. · Duncan United Church holding harmless the City of Duncan from any and all possible public liability claims. · Provision of insurance to a minimum of $2,000,000. per occurrence for this Fall Fair. · Payment of a $300.00 deposit, which will be returned to the Church if the street and infrastructure are left in a clean and undamaged condition;
	AND THAT City barricades be provided to the organizers for this event. Carried.
	Reports of Standing Committees
	Finance Committee
Warrant No. 07 – 01	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT Warrant No. 07-01 covering General Account cheque numbers 103319 – 103481 in the total amount of . . . . . $600,579.78 $2,041,155.28 Payroll Account - Payroll #14 covering cheque numbers 305 - 314 in the total amount of . . . . . . . 32,650.02
	- Payroll #15 covering cheque numbers 315 - 340 38,764.20 - Payroll #16 covering cheque numbers 341 – 351 31,654.42 GRAND TOTAL . . . . . . $2,144,223.92 be ratified. Carried.
	Parks & Recreation Committee
City Square Proposal	Councillor Maxwell noted that we are awaiting the Stantec proposal following the August 7, 2001 City Square pre-proposal meeting.
Duncan Street Hedge	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Duncan Street hedge between Trunk and Queens Roads be removed. Carried Unanimously.
	Public Safety Committee
	Councillor Newcomb reported that he attended the RCMP - North Cowichan/Duncan detachment meeting regarding a Youth Outreach Program. Mayor Hollett and North Cowichan Human Resources Manager, Roy Flower, also attended. There appears to be a service gap with the cancellation of the Youth Outreach Program in 1998. These Programs will require provincial/regional funding.
	Fire Committee
New Pumper Truck	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT City Council authorize the purchase of a new American LaFrance “Eagle II” (Option 2) pumper truck for the Fire Department in the amount of $389,507.22. Carried.
	Reports of Special Committees
Building Statistics Report - July 2001	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the Building Statistics Report for July 2001 as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
	Duncan/North Cowichan Joint Utilities Board
Chemainus & Crofton Bio-solids – Haul to Cell 6	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT as recommended by the Duncan/North Cowichan Joint Utilities Board, Council approve the July 20, 2001 request from the District of North Cowichan for the additional temporary hauling (i.e. maximum of one year from August 15, 2001) of Chemainus and Crofton waste water plants bio-solids to Cell No. 6 of the JUB Lagoons (maximum of an additional 350 cubic metres) subject to:
	The District of North Cowichan being 100% responsible for the cost of the eventual removal of these bio-solids from Cell No. 6; The District of North Cowichan keeping accurate records of all bio-solids deposited in Cell No. 6 and reporting these amounts to the JUB on a quarterly basis; The hauling of these bio-solids to Cell No. 6 is to be via the Tzouhalem Road gate. Carried.
Miscellaneous	Councillor Kent reported that he recently attended two BC Forest Discovery Centre Board meetings and advised that attendance records and revenue figures are similar to those reported in 2000. He also noted that Saturday, August 18 will be “Steam Day” at the Centre.
	Councillor Newcomb reported that on July 19, he attended a breakfast meeting at the Cowichan Valley Association for Community Living at their new office at 394 Duncan Street. This office will accommodate the Early Intervention Team (Therapists). Over the last two years, they have received almost $25,000 in donations from Ronald McDonald House to purchase much needed equipment.
	Mayor Coleman reported on the following: · On July 14, he attended the Summer Festival and noted that it was a resounding success.
	· On July 19, the Planning Committee met with CVRD representatives to discuss details of their proposed building project at 177 Ingram Street. It was a most fruitful meeting.
	· On July 25, he and several Councillors met with Wal-Mart and Cowichan Tribes representatives to review the new site plan for the proposed new Wal-Mart project on the Mound/Tribes lands. The meeting was most informative.
	· On July 25, he attended the CVRD meeting during which the problem of “broom” in the region was discussed.
	· On July 26, he greeted George Marcello of the Step By Step Organ Transplant Association on the 400^th day of his planned 600 day walk across Canada. · On August 4, Councillor Lukaitis accompanied the Mayor in the Ladysmith Parade. He expressed his appreciation to Councillor Lukaitis for his time and the use of his car.
	Unfinished Business
Canada/Ingram/Queens Intersection Traffic Study	For consideration was a letter and memo dated July 11 & 17, 2001 from the City Engineers, Stantec Consulting Ltd., and from the Public Works Superintendent. Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT the Canada/Ingram/Queens Intersection Traffic Study be considered at the September 10, 2001 Regular Meeting of City Council. Carried.
Proposed City Square Re-development	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the letter dated July 25, 2001 from Scott W. Sheets, Barrister & Solicitor wherein he comments on the proposed City Square re-development, be received, the contents noted and filed. Carried.
Health Care System	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the letter dated July 24, 2001 from the British Columbia Nurses’ Union regarding the Health Care System in BC, be received, the contents noted and filed. Carried.
Proposed Wal-Mart Development	For consideration was a memo dated August 1, 2001 from Mayor Coleman. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT as recommended by Mayor Coleman, a Sub-Committee consisting of Councillors M. Caljouw and P. Kent, Administrator P. Douville and Public Works Superintendent T. Kushner represent City Council at future meetings with Cowichan Tribes and Wal-Mart representatives regarding the proposed Wal-Mart development. Carried. Councillors M. Lukaitis and K. Newcomb dissenting.
Council Remuneration Review	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the following correspondence be received, the contents noted and filed: · Report dated July 10, 2001 from George Robbins, Susan Cawley and Bill Routley (Committee appointed by City Council); · Memo dated November 4, 1997 from the City Treasurer; · Report dated April 14, 1992 from George Robbins, Susan Younie and Dr. John Philp (Committee appointed by City Council). Carried.
480 Whistler Street – Development Variance Permit Application	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the Development Variance Permit Application of Elvira Sharma - 480 Whistler Street to construct a residential above commercial development be approved with the following variances:
	1. Reduced lot size from 560m² (6028 ft²) to 528.18m² (5685.5 ft²);
	2. Reduced rear yard setback from 7.5m (25’) to 6m (20’);
	3. Nine parking stalls plus one loading zone to eight parking stalls (payment required of $8,000 for the one parking stall shortfall);
	Reduced sizes of the parking spaces from 2.8m (9’) x 5.8m (19’) to 2.49m (8’) x 5.8m (19’); Direct access from the street to the parking spaces contrary to 4.7(b) of the Parking Bylaw; Allowance that the parking stalls be right adjacent to the street whereas 4.5(c) of our Parking Bylaw requires them to be a minimum of 1m (3’) from the street;
	Allowance that the landscaping strip be between the parking area and the building rather than immediately adjacent to the street (Section 5.3(c) of Landscaping Bylaw 1580);
	and subject to the following conditions: The guardrails being aluminum (minimum 1.5” x 1.5”) subject to the discretion of the Building Inspector. A security deposit being provided for completion of landscaping at an amount determined by the Building Inspector. Carried.
Softwood Agreement	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT the City of Duncan reiterate its position that the Softwood Lumber Agreement should be the top USA Trade Policy Issue and a major priority in seeking a stable long-term settlement and process AND THAT Council urge the federal and provincial governments to maintain a strong position in light of the recent U.S. tariff impositions. Carried.
	Bylaws
Exemption from Taxation Bylaw No. 1918, 2001	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Council give leave to Councillor M. Lukaitis to introduce “City of Duncan Exemption from Taxation Bylaw No. 1918, 2001”. Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT City of Duncan Exemption from Taxation Bylaw No. 1918, 2001 be read for the first time. Carried.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT City of Duncan Exemption from Taxation Bylaw No. 1918, 2001 be read for the second time. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT City of Duncan Exemption from Taxation Bylaw No. 1918, 2001 be read for the third time. Carried.
Equipment Replacement Reserve Fund Expenditure Bylaw No. 1920, 2001	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council give leave to Councillor M. Lukaitis to introduce “Equipment Replacement Reserve Fund Expenditure Bylaw No. 1920, 2001. Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor S. Jackson THAT Equipment Replacement Reserve Fund Expenditure Bylaw No. 1920, 2001 be read for the first time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT Equipment Replacement Reserve Fund Expenditure Bylaw No. 1920, 2001 be read for the second time. Carried.
	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT Equipment Replacement Reserve Fund Expenditure Bylaw No. 1920, 2001 be read for the third time. Carried.
	New Business
	Mayor Coleman noted that the Burma Star Annual Ceremony will occur on Wednesday, August 15, 2001 at 12:45 p.m. at the Charles Hoey V. C. Memorial Park and encouraged everyone to attend.
Special Meeting	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss property and personnel issues; AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 8:55 p.m., City Council resolved into Special Meeting.
	At 10:00 p.m., the following Motion was PUT:
	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT this Special Meeting of City Council rise and report to City Council. Carried.
Green Door – 126 Ingram Street – Stop Work Order	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT Council authorize the Building Inspector to issue a Stop Work Order on the project located at 126 Ingram Street until revised plans have been received and approved. Carried.
New Library Location	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT as recommended by the Library Subcommittee, the Council of the City of Duncan agree that the proposed new 13,000 ft² library be attached to the west-side of the Cowichan Community Centre subject to: a) Completion of negotiations with the Cowichan Exhibition Society re: bandshell/washroom access route, issues around Exhibition; b) Purchase of the Cowichan Agricultural Society’s property by the Cowichan Valley Regional District for additional parking and to accommodate access and egress to Clements Street; c) Resolution of the egress issue to Clements Street; and d) A reconfiguration of parking with proportional costs to be recovered through library capital costs. Carried.
	Movd. Councillor P. Kent Secd. Councillor Newcomb THAT the Cowichan Community Centre General Manager, Ron Austen, be directed to negotiate with the Vancouver Island Regional Library regarding the issues of the new lease for the library. Carried.
Adjournment	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT this meeting of City Council do now adjourn. Carried.
	At 10:05 p.m. the meeting adjourned.
	Michael Coleman Mayor Mark Frame Deputy City Clerk