The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., December 10, 2001.
	Present: Mayor Michael Coleman, Councillors Mike Caljouw, Sharon Jackson, Phil Kent, Martin Lukaitis, Geoff Maxwell, Ken Newcomb. Also Present: Paul Douville, City Administrator.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Minutes	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the Minutes of the Regular Meeting and Inaugural Statutory Meeting of City Council held on November 26 and December 3, 2001 be adopted. Carried.
	Delegations
Geoff Millar – Economic Development Strategy Update	Mr. Geoff Millar, CVRD Economic Development Manager, addressed Council. He said that the Cowichan Region Economic Development Commission has now received a draft copy of the Broad Goals for the Economic Development Strategy. These 20 goals or mandates will form a critical part of the EDC's direction for the next three to five years. The Commission is now proceeding with the proposed action plan, which should be in final report form by approximately mid-January 2002. Mr. Millar said that based on direction from the EDC, they conducted an extensive set of focus groups to get a solid appreciation for the various economic sectors of the region. Recruitment, retention, marketing and communication strategies and plans will be incorporated into the overall strategy. He said they are scheduling a final meeting with key stakeholders in late January or early February 2002. Mr. Millar then reviewed the 20 Broad Goals in detail and advised that they now plan to develop objectives from the Broad Goals for implementation in the years 2002-2006 inclusive. Mr. Millar was thanked for his presentation and he stayed for a portion of the remainder of the meeting.
BC Government & Service Employees Union	Representing the BC Government & Service Employees Union (BCGEU), Erv Newcombe and Doug Kinna addressed Council.
	They stated that the Provincial Government cutbacks will have profound effects on the local Cowichan Valley economy. Mr. Newcomb outlined the long list of government services available locally. The delegates noted that 1,500 government employees live and/or work in the Cowichan region. He said there would be a reduction of approximately $21 million using the usual multiplier factor if 550 people are laid off. Mr. Kinna outlined a possible tremendous amount of local services to people that will be lost (e.g. great increased risks to women and children and more overall health problems). Movd. Councillor S. Jackson Secd. Councillor M. Lukaitis WHEREAS the local government is best qualified to understand the strengths, needs and challenges of our community; AND WHEREAS the roles, rights and responsibilities of local government are still undefined in the provincial government's Community Charter; AND WHEREAS the provincial government is shifting primary support for key social services to communities and families; AND WHEREAS the provincial economy is in a fragile state and a dramatic reduction in community support services and funding will significantly increase the economic instability. THEREFORE BE IT RESOLVED THAT the Council of the City of Duncan call on the provincial government to ensure full community consultation on program reviews and funding reductions; and BE IT FURTHER RESOLVED THAT the provincial government not off load current provincial program responsibilities onto communities and families without ensuring program integrity and adequate funding; and BE IT FINALLY RESOLVED THAT any transitions in program funding or delivery be done on a schedule that is respectful to the service recipients, program providers and local economies. Carried. Councillor Newcomb dissenting.
	Communications
Provincial Cycling Network Program	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the letter dated November 21, 2001 from the City Clerk of the City of North Vancouver to the Minister of Transportation, regarding the Provincial Cycling Network Program, be received, the contents noted and filed. Carried.
Committee to Protect Our Peaceful Valley – Motor Sport Track	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT the letter received November 29, 2001 from Joan Mayo of the Committee to Protect Our Peaceful Valley, wherein they state their opposition to the proposed outdoor recreation park near Paldi, be received, the contents noted and filed. Carried.
E & N -Discontinuance of Rail Freight Operations	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT in response to the November 29, 2001 notice from the E & N Railway Co., regarding the discontinuance of rail freight operations on Vancouver Island, the Council of the City of Duncan correspond with the Regional Vice-President of the E & N Railway Co. (1998) Ltd. requesting that they apprise Council of any talks regarding the rail passenger service on Vancouver Island and requesting that we be afforded the opportunity to participate in such discussions; AND THAT a representative from the E & N Railway Co. be invited to meet with the Councils of the City of Duncan and the District of North Cowichan and representatives of the Cowichan Valley Regional District Board of Directors. Carried.
Agreement on Internal Trade (AIT)	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the letter dated November 29, 2001 from the Mayor of the City of Burnaby, regarding the Agreement on Internal Trade (AIT) and BC Municipalities, be received, the contents noted and filed. Carried.
Presentation by VI Association of Wood Processors	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT the letter dated December 5, 2001 from the Vancouver Island Association of Wood Processors, wherein they advise of a meeting at the Travelodge Silver Bridge Inn on December 18, 2001 be received, the contents noted and filed; AND THAT Members of Council make every attempt to attend this session. Carried.
	Reports of Standing Committees
	Finance Committee
Warrant No. 11-2001	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT Warrant No. 11-01 covering General Account cheque numbers 103900 – 104037 in the total amount of $256,622.91
	Payroll Account - Payroll #23 covering cheque numbers 487 - 494 and Direct Deposits in the amount of 29,679.89 - Payroll #24 covering cheque numbers 495 – 516 and Direct Deposits in the amount of 35,639.22 GRAND TOTAL . . . . . . $321,942.02 be ratified. Carried.
	For consideration were the notes of the December 4, 2001 meeting.
Cowichan Sportsplex – Water & Proposed Grant	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Councillor Ken Newcomb be excused from the debate and vote on the subject of the Cowichan Sportsplex since Councillor Newcomb is the Chesterfield Sports Society's Solicitor. Carried. Councillor Newcomb left the Council Chamber. Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the Council of the City of Duncan provide a grant equivalent to the amount of water used at the Cowichan Sportsplex (e.g. $300 to $400 per annum); AND THAT this provision be reviewed in 5 years (i.e. end of 2006). Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT the memo dated November 5, 2001 from Mayor Coleman, regarding possible sponsorship for the Cowichan Sportsplex, be referred to the 2002 Budget Review Committee. Carried.
	Councillor Newcomb returned to the Council Table.
	Public Works Committee
	For consideration were the notes of the November 28, 2001 meeting.
ICBC Safety Audit	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT Council request ICBC to provide a safety audit of Government Street between Canada Avenue and Boundary Road utilizing the $5,000 prize won by Councillor Ken Newcomb at the 2001 UBCM Convention. Carried.
	Parks & Recreation Committee
	For consideration were the notes of the November 28, 2001 meeting.
China Garden	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the "Government Street Park" name be changed to "China Gardens". (It was agreed that a short history about Chinatown be displayed at this park.) Carried.
	Planning Committee
	For consideration were the notes of the December 5, 2001 meeting.
A & P Dhut Property – 229 Evans & 437 Jubilee	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Council authorize the initiation of the Public Notification Process advising that the following Development Variance Permit provisions, regarding the proposed 3-story, 6-unit apartment building at 229 Evans Street/437 Jubilee Street, will be considered at the January 14, 2002 meeting of City Council: Variances & Conditions THAT a Development Variance Permit for a 3-story, 6-unit apartment building at 229 Evans Street/437 Jubilee Street, be issued providing the following variances: 1. Reduce front yard setback from 7.5 metres (24.6') to 4.5 metres (14.76'). 2. Reduce interior side yard setback (i.e. north side) from 3 metres (9.84') to 1.93 metres (6.33'). 3. Reduce exterior side yard setback (i.e. south side) from 6 metres (19.68') to 1.93 metres (6.33'). 4. Reduce the size of one (1) of the eight (8) parking stalls from 2.8 x 5.8 metres (9.19' x 19') to 2.4 x 4.8 metres (7.87' x 15.75') with this stall marked "SMALL CAR" subject to: a) The existing cedar hedge along Evans & Jubilee Streets being removed and replanted along new property lines due to continual sidewalk encroachment problems. (Note: City has acquired 3 metre (10') wide strips along Evans & Jubilee for future road widenings.) b) If the developers want new sidewalks constructed adjacent to new property lines along Evans and Jubilee with the completion of the building, they be responsible for the cost. c) That in accordance with Section 925 of the Local Government Act, security be provided by the owners to ensure completion of the landscaping and other related site
	works. The amount of the security is to be between $6,000.00 and $11,000.00 at the discretion of the City Building Inspector. Carried.
St. Andrew's Presbyterian Church	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council request St. Andrew's Presbyterian Church to attempt to negotiate a land swap or land purchase with School District #79 with the City of Duncan involvement to pertain to City-owned property shown as closed road on legal plans (i.e. possible new church fronting Herbert Street). Carried.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT Council authorize St. Andrew's Presbyterian Church to site two portable trailer structures on Lot 1, Section 19, Range 5, Quamichan District, Plan 30307 (531 Herbert Street) for a maximum of two years ending December 31, 2003 subject to the processing of a Development Variance Permit (Public Hearing: 7:30 p.m., January 14, 2002) for the side yard and rear yard setbacks which are 3.55 metres (11.6') rather than 6 metres (19.7'; per P-1 Zone) and for the lack of additional washrooms (Note: the required fire separations between the portables and an existing building are maintained); AND THAT this authorization be subject to receipt of a letter of commitment from St. Andrew's Presbyterian Church agreeing to this provision. Carried.
	Reports of Special Committees
Building Statistics Report – November 2001	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Building Statistics Report for November 2001 as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
Miscellaneous	Mayor Coleman reported that the CVRD Transit Committee is investigating a new and adjusted financing formula. He noted that our system is becoming one of the more successful transit operations in British Columbia and noted the dramatically rising ridership statistics.
	Councillor Caljouw reminded members of the public that the Public Works food bank drive is being staged this week from December 11 – 14 inclusive. He encouraged all residents to assist in this worthwhile project. Councillor Caljouw advised that he represented Council at the Valley Seniors Organization Christmas dinner on December 7 and that he expressed appreciation to the membership for the good work they do in the community.
	Councillor Newcomb made reference to the December 6, 2001 meeting with the First Nations Treaties Negotiating Committee. He said it was an excellent meeting that updated all local politicians on the state of the process.
	Unfinished Business
Policing in Rural Areas & Small Communities	For consideration were the following items: Letter dated November 28, 2001 from Mayor Ralph Drew, Village of Belcarra Letter dated November 28, 2001 from Mayor Linda Larson, Town of Oliver Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT in response to the November 28, 2001 letter from the Mayor of the Village of Belcarra, regarding Policing Costs, the Council of the City of Duncan advise that they support the work of the "Group of 14 Municipalities" (i.e. just under and just over 5,000 population) to have all taxpayers in British Columbia equitably contribute towards Policing Costs. Carried.
Development Cost Charges	Movd. Councillor M. Caljouw Secd. Councillor M. Lukaitis THAT the memorandum dated November 29, 2001 from the City Treasurer, regarding the continuation of Development Cost Charges, be received, the contents noted and filed. Carried.
Centennial Park Washrooms	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the memorandum dated November 29, 2001 from the City Administrator,
	regarding the Centennial Park Washrooms, be referred to the Parks & Recreation Committee for recommendation. Carried.
Craig Street Sanitary Sewer Line	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the November 30, 2001 letter from George & Annelise Friedlander, with which they provide a letter from the Green Door Society granting access to their property should sanitary sewer repairs be required, be received, the contents noted and filed. Carried. Movd. Councillor G. Maxwell Movd. Councillor K. Newcomb THAT the request for compensation for previous work on this sanitary sewer line again be denied. Carried. Councillors Caljouw, Jackson and Kent dissenting.
City Hall Ramp – North-east Corner	For consideration were the following items: Memo dated December 5, 2001 from Sgt. A. Husbands City Hall Heritage Structure Bylaw No. 1320, 1981 Memo dated December 5, 2001 from the Building Inspector E-Mail dated December 10, 2001 from the Building Inspector Movd. Councillor P. Kent Secd. Councillor M. Lukaitis THAT due to the requirements of the BC Building Code, regarding egress from floor areas, outlined in the December 5, 2001 memorandum from the Building Inspector, the ramp at the north-east corner of City Hall be retained in conjunction with the City Square project; AND THAT Cloghesy & Doak Ltd., Landscape Architects, be requested to recommend an upgrading of the function and appearance of this ramp area. Carried.
Lakes/Trunk Traffic Signals	For consideration were the following items: Memo dated December 5, 2001 from the City Treasurer Letter dated December 5, 2001 from Western Power Cable Jointing Ltd. The City Administrator reported that ICBC has agreed to provide the $9,000 shortfall recently discovered for the Lakes/Trunk traffic signal project.
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT Council authorize the Lakes/Trunk traffic signals to proceed. Carried.
Christmas Light-Up	Councillor Caljouw reported on the November 30, 2001 Duncan Business Improvement Area Society Christmas Light-Up activities. He said there was wonderful entertainment, chestnuts roasting on open fires and Santa Claus being transported off the roof of City Hall via the fire department ladder truck. He expressed appreciation to the organizers, volunteers and the fire department.
	Bylaws
Development Cost Charge Reserve Fund Expenditure Bylaw No. 1923, 2001	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT "Development Cost Charge Reserve Fund Expenditure Bylaw No. 1923, 2001" be reconsidered, finally passed and adopted. Carried.
City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council give leave to Councillor Caljouw to introduce "City of Duncan Fire Truck Security Issuing bylaw No. 1924, 2001". Carried.
	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT "City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001" be read for the first time. Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT "City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001" be read for the second time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT "City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001" be read for the third time. Carried.
	New Business
Traffic Flow & Parking Study	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the following recommendation be postponed until after the December 20, 2001 meeting with the City Engineers:
	"THAT Council commission a traffic flow and parking study of the downtown area noting the proposed construction of the new CVRD office building next to the Post Office; AND THAT a maximum of $ dollars be appropriated from the Parking Reserve for this purpose." Carried.
New Cowichan Tribes Chief – Harvey Alphonse	Mayor Coleman advised that he forwarded a letter of congratulations to new Cowichan Tribes Chief Harvey Alphonse (elected December 4, 2001). He said he also offered our full cooperation in working with the recently elected Cowichan Tribes Council.
Seasons Greetings	On behalf of Council, Mayor Coleman extended wishes to all for a happy, safe and successful Christmas and New Year's Season.
Special Meeting	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal and property matters; AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 9:00 p.m., City Council resolved into Special Meeting.
	At 9:40 p.m., the following Motion was PUT:
	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Special Meeting rise; AND THAT this meeting of City Council do now adjourn. Carried.
	Michael Coleman Mayor Paul Douville City Administrator