The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., August 12, 2002.
	Present: Mayor Michael Coleman; Councillors Sharon Jackson, Phil Kent, Martin Lukaitis, Geoff Maxwell and Ken Newcomb. Absent With Prior Notice: Councillor Mike Caljouw. Also Present: Mark Frame, Deputy Clerk.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Minutes	Movd. Councillor S. Jackson Secd. Councillor M. Lukaitis THAT the minutes of the July 8, 2002 Regular Meeting and the July 15, 2002 Special Meeting of City Council be adopted. Carried.
	Delegations
RCMP Inspector Linton Robinson	Inspector Linton Robinson addressed Council, referencing the July 2002 North Cowichan/Duncan Detachment RCMP report. He noted the following: · The overall statistics for April and May 2002 compared to the same period of time for 2001 remain constant. · Compared to the Third Quarter Report submitted in April 2002, our overall crime rate per 1,000 population has declined, but we continue to have the highest crime rate within the Island District. · For the first time, the detachment has acquired $7,000 for seasonal policing to assist in problem areas. · A total of 15 members from this detachment attended the G-8 conference in Kananaskis, Alberta. · A number of assignments to the detachment have been made, but the officers have not yet arrived and there is a manpower shortage at present. Inspector Robinson was thanked for his presentation and he left the meeting.
	Communications
Cowichan District Hospital – Laundry Facility Closure	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the report received July 15, 2002 from Concerned Cowichan Valley Citizens and the two letters dated August 1, 2002 from the Vancouver Island Health Authority be received and filed;
	AND THAT a letter be sent to the Vancouver Island Health Authority expressing concern at the loss of local jobs and requesting more information in this regard. Carried.
District of North Cowichan -Environmental Program	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the letters dated June 27 and July 11, 2002 from the District of North Cowichan regarding their Environmental Program be referred to the Finance Committee for recommendation. Carried.
Cowichan Historical Society - Reserve Account Plans	Movd. Councillor G. Maxwell Secd. Councillor M. Lukaitis THAT the July 4, 2002 letter from the Cowichan Historical Society outlining their plans for the Society's Reserve Account monies be received, the contents noted and filed. Carried.
Policing Costs in Small Communities	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the July 8, 2002 letter from the District of Logan Lake regarding Policing Costs in Small Communities be received and filed; AND THAT more information be requested from the Provincial Minister of Public Safety and Solicitor General, the Honourable Rich Coleman, regarding timing and formulas being used in Policing Cost Funding by municipalities under 5,000 in population. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT the subject of community policing funding for small municipalities be referred to the Public Safety Committee prior to the 2002 UBCM convention. Carried.
Cowichan Fringe Festival – Annual Requests	Movd. Councillor G. Maxwell Secd. Councillor M. Lukaitis THAT Council authorize the Cowichan Fringe Festival Society to use the Kenneth Street Parking Lot #2 (next to the Elks) for Venue #2 for the 2002 Fringe Festival from September 15 (Sunday) to September 22 (Sunday), 2002 inclusive, subject to:
	The Society securing public liability insurance for a minimum of $2,000,000 per occurrence and naming the City of Duncan as an “additional insured” party on this policy
	The Society holding harmless the City of Duncan from any and all possible liability claims in writing;
	Payment of $300.00 damage deposit, which will be returned if the parking lot area is left in an undamaged and clean condition.
	AND THAT the Commissionaires provide copies of this resolution and the attached July 9, 2002 letter from the Society to all of the businesses abutting this parking lot to advise them of this temporary arrangement; AND THAT the vehicle owners who park on their private property at the south-end of the parking lot be provided with on-street parking passes for this week. Carried.
Future of BC Hydro	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the following letters be received, the contents noted and filed: · Letter dated July 9, 2002 from the Office/Professional Employees' International Union, Local 378 · Letter dated July 25, 2002 from the BC Citizens for Public Power. Carried.
BC Government Energy Policy Issues	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT City Council support the North Central Municipal Association's recommendations, as outlined in their June 27, 2002 letter, at the 2002 UBCM Convention. Carried.
DBIAS – VIVA Wine Festival	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT Council authorize the Duncan Business Improvement Area Society (DBIAS) and the Duncan Farmers' Market Society to use Charles Hoey Park for the 4^th Annual Vancouver Island Wine Festival wine garden and for related events as outlined in the July 12, 2002 letter from the DBIAS on September 7, 2002 (Saturday) from 8:00 a.m. to 6:00 p.m. subject to the following terms and conditions: The DBIAS holding harmless the City of Duncan from any and all possible liability claims in writing. Public Liability Insurance to a minimum of $2,000,000 per occurrence being carried by the Society for these events with the City of Duncan being named as an “Additional Insured Party”. $300.00 Damage Deposit, which will be returned if the Park, other areas and facilities are left in a clean and undamaged condition. The Society obtaining necessary licensing for the "Wine Garden". Carried.
7^th Annual New Ventures Showcase – Cowichan Region	Movd. Councillor M. Lukaitis Secd. Councillor S. Jackson THAT the letter dated July 22, 2002 from FutureCorp Cowichan regarding the September 28, 2002 7^th Annual New Ventures Showcase for the Cowichan Region, be received, the contents noted and filed. Carried.
Western Canada Wilderness Committee – Education Report	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the letter dated July 23, 2002 from the Western Canada Wilderness Committee regarding BC Parks and Wildlife, be received, the contents noted and filed. Carried. Councillor Jackson dissenting.
Communities in Bloom – Cultural Capitals of Canada Awards	Movd. Councillor S. Jackson Secd. Councillor M. Lukaitis THAT the letter dated June 15, 2002 from the Communities in Bloom organization regarding the Cultural Capitals of Canada Program, be received, the contents noted and filed. Carried.
"BC Rivers Day" Proclamation	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the Council of the City of Duncan proclaim September 29, 2002 as “BC RIVERS DAY” in the City of Duncan as requested in the letter received July 31, 2002 from the Outdoor Recreation Council of British Columbia. Carried.
"SUBWAY Day for CHILD" Proclamation	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT September 19, 2002 be proclaimed as "SUBWAY Day for CHILD" in the City of Duncan as requested in the July 15, 2002 letter from the CH.I.L.D. Foundation (Children with Intestinal and Liver Disorders). Carried.
	Reports of Standing Committees
	Finance Committee
Warrant No. 07 – 2002	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT Warrant No. 07-02 covering General Account cheque numbers 104991 – 105149 in the total amount of $1,030,529.78 Payroll Account - Payroll #14 covering cheque numbers 2290 - 2277 and Direct Deposits in the amount of 31,592.20
	- Payroll #15 covering cheque numbers 2278 – 2290 and Direct Deposits in the amount of 33,310.07 - Payroll #16 covering cheque Numbers 2292 – 2316 38,289.10 GRAND TOTAL . . . . . . $1,133,721.15 be ratified. Carried.
Cowichan Tourism Association – 2002 Contribution	For consideration were the notes of the July 22, 2002 meeting.
	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT Council authorize the Administration to forward the previously approved 2002 $5,000.00 contribution from the Tourism Budget to the Cowichan Tourism Association as requested in the June 25, 2002 letter from the Association. Carried.
	Parks & Recreation Committee
	For consideration were the notes of the July 22, 2002 meeting.
Trees South of Rivers Edge Complex	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT as requested by the owners of the Rivers Edge housing complex and as recommended by the Public Works Superintendent, the nine(9) cottonwood root masses containing approximately twenty(20) spurs be removed from between Rivers Edge and the Cowichan River at a maximum cost of $3,500.00. Carried.
Policy – Donation Program – Parks & Streets Fixtures	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the following policy for the Donation Program for Parks and Streets Fixtures be approved: CITY OF DUNCAN PARKS & STREETS FIXTURES DONATION PROGRAM
	1. The honouring of a person or persons (living or deceased) may be made by dedicating a bench, picnic table, drinking fountain, playground apparatus, bicycle rack, light fixture, tree or other appropriate street or park fixture. Applications are to be made in writing to the City Administrator stating why the person(s) should be considered for recognition.
	Each item dedicated will have a 10cm (4") x 20cm (8") plaque affixed for viewing by members of the public. The location of the donated item is decided in consultation with the Administrator.
	3. a)For new fixtures, the total cost of the item, the plaque and installation is to be fully covered by the proponent(s). b)For existing undedicated fixtures, the proponent(s) must pay for the plaque and make a contribution equivalent to 50% of the cost of a new fixture.
	4. The City Administrator may approve such dedications and proponents may appeal to City Council if they do not agree with the decision of the Administrator.
	A donation to the City in no way constitutes ownership of an item, the land upon which it is situated or the surrounding lands.
	The City reserves the right to use the lands adjacent to these donated items as it deems appropriate, to relocate the items if conditions warrant or if redevelopment of the area occurs. All donated items become the property of the City of Duncan and receive an appropriate standard of maintenance.
	After ten years, the disposition of the donated item is at the sole discretion of City Officials. It is the responsibility of the donor to contact the City and determine the status of their donation after ten years. If for some reason the donated item must be replaced after this period or another donor is interested in replacing the item, the original donor will be given the first opportunity to replace it. The wording on the plaque is to be approved by the City Administrator. (Note: Donations to Canadian Municipalities are tax deductible and income tax receipts can be issued for all donations.) Carried.
	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the plaques for the Donation Program for Parks and Streets Fixtures be produced in bronze. Carried.
	Planning & Priorities Committee
	For consideration were the notes of the July 22, 2002 meeting.
Cowichan Lawn Bowling Club – Temporary Structure	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT in response to the June 21, 2002 letter from the Cowichan Lawn Bowling Club, Council extend the deadline for removing the temporary portable building on the eastside of the lawn bowling green inside the enclosed fenced area to November 30, 2005 to provide the Club with ample time to raise enough funds to construct a proper permanent Clubhouse structure. Carried.
DNRC - "Plan of Action - 2002"	It was noted that the Downtown Neighbourhood Revitalization Committee "Plan of Action – 2002" report is scheduled to be reviewed at the August 19, 2002 Planning & Priorities meeting.
	Councillor Kent congratulated the DNRC members for their great effort and for a very professional report.
	Fire Committee
DVFD 100^th Anniversary	Councillor Maxwell congratulated the Duncan Volunteer Fire Department members for staging a very successful 100^th Anniversary celebration.
	Reports of Special Committees
Building Statistics – July 2002	Movd. Councillor M. Lukaitis Secd. Councillor S. Jackson THAT the Building Statistics Report for July 2002 as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
Uses in Tents	Advisory Planning Commission For consideration were the notes of the July 22, 2002 meeting. Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the following resolution adopted at the July 22, 2002 Advisory Planning Commission meeting be TABLED: "THAT as recommended by the Advisory Planning Commission, City Council continue to prohibit uses in tent structures in all zones." Carried.
APC Members – Reappointments	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT the following Motion to reappoint the Advisory Planning Commission members for a further two year term be TABLED: "THAT the following individuals be reappointed to the Advisory Planning Commission (APC) effective November 15, 2002 for another two (2) year term: Rob Conway Jeffrey Downie Tracey King Kate Miller Dinah O'Keefe Jim Roome Mark Turner; AND THAT Lance Steward be reappointed to the APC effective January 23, 2003 for another two (2) year term." LOST.
	Councillors Jackson, Kent, Lukaitis & Mayor Coleman dissenting.
	Movd. Councillor S. Jackson Secd. Councillor M. Lukaitis THAT the following individuals be reappointed to the Advisory Planning Commission (APC) effective November 15, 2002 for another two (2) year term:
	Rob Conway Jeffrey Downie Tracey King Kate Miller Dinah O'Keefe Jim Roome Mark Turner;
	AND THAT Lance Steward be reappointed to the APC effective January 23, 2003 for another two (2) year term. Carried.
Miscellaneous	Councillor Maxwell apologized for missing the August 6, 2002 Mayor's Advisory Committee for Persons With Disabilities meeting.
	Councillor Newcomb reported on the following: · On July 10, the Cowichan Community Centre Commission approved the general design layout plans for the new library and lobby entrance. · On July 12, he attended the AVICC Community Charter seminar in Nanaimo. · July 14 – He attended the Summer Festival Children's day event at the Cowichan Exhibition Grounds. · On July 16, he attended a meeting hosted by the Honourable Richard Neufeld, BC Minister of Energy & Mines and the Honourable Graham Bruce, MLA – Cowichan Ladysmith to discuss the proposed future of BC Hydro and possible deregulation of electricity. · He attended the July 2002 Duncan-Cowichan Summer festival. · He recently attended the Festival Society wind-up meeting. · On August 8, he attended the Cowichan Capitals breakfast at which the following subjects were discussed: - Arena facelift - New mezzanine increases seating by 10% - Theatre upgrade should be completed by September 2002.
	· On August 10, the Cowichan Sportsplex 12-hour relay event raised approximately $65,000. The lacrosse box should be completed by Spring 2003. · A meeting of the Mayor's Advisory Committee on Race Relations has been scheduled for August 26, 2002.
	Councillor Kent noted that a soccer game was recently held at McAdam Park with the World Youth exchange students from Uruguay.
	On July 20, Councillor Kent attended the DVFD Tattoo and expressed congratulations to the organizers and the Duncan Volunteer Fire Department members.
	Councillor Jackson noted the recent passing of Dennis Hogan, Jr.
	Mayor Coleman reported on the following items: · The recent Summer Festival was a huge success. · Next year the garbage cleanup will be better and faster. · He extended congratulations to the DVFD for the successful July 20 Tattoo and 100^th Anniversary celebrations. · On August 3, he participated in the Town of Ladysmith parade. · On August 10, he attended the Cowichan Sportsplex 12-hour relay and noted that the organizers deserve congratulations. · He recently met with Sarah Morales from the Hul'qumi'num Treaty Group. · On August 12, he met with Mayor Frana Cardno of Southland District, New Zealand.
	Unfinished Business
Bylaw No. 1556 – Off-street Parking and Loading Spaces	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the letter dated July 12, 2002 from Stantec Consulting Ltd. regarding Bylaw No. 1556 – Off-street Parking and Loading Spaces, be referred to the Planning & Priorities Committee for recommendation. Carried.
Paratransit Bus Stop	For consideration was a memorandum dated July 25, 2002 from the City Administrator. Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the creation of a "15-minute parking zone" adjacent to the Tulip Deli on Kenneth Street and the relocation of the Paratransit Bus Stop to the north side of Ingram Street immediately east of the Liquidation World driveway be ratified. Carried.
	Bylaws
Security Deposit Regulations for Development Permits and Development Variance Permits Bylaw No. 1933, 2002	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT "Security Deposit Regulations for Development Permits and Development Variance Permits Bylaw No. 1933, 2002" be reconsidered, finally passed and adopted. Carried.
Duncan-North Cowichan Joint Utilities Phosphorus Removal Security Issuing Bylaw No. 1934, 2002	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Council give leave to Councillor Kent to introduce "Duncan-North Cowichan Joint Utilities Phosphorus Removal Security Issuing Bylaw No. 1934, 2002". Carried.
	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT "Duncan-North Cowichan Joint Utilities Phosphorus Removal Security Issuing Bylaw No. 1934, 2002" be read for the first time. Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor K. Newcomb THAT "Duncan-North Cowichan Joint Utilities Phosphorus Removal Security Issuing Bylaw No. 1934, 2002" be read for the second time. Carried.
	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT "Duncan-North Cowichan Joint Utilities Phosphorus Removal Security Issuing Bylaw No. 1934, 2002" be read for the third time. Carried.
	New Business
VI Regional Library Board – Weighted Vote	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT City Council support the proposed Weighted Vote formula outlined in the July 5, 2002 letter from the Vancouver Island Regional Library. Carried.
Burma Star Ceremony Thunder in the Valley Pow Wow	The Burma Star Association will be holding a ceremony at Charles Hoey, VC, Memorial Park at 12:45 p.m., Thursday, August 15, 2002. The "Thunder in the Valley Pow Wow" is scheduled for this weekend.
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 property issues; AND THAT persons other than Council Members and the Deputy City Clerk be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 9:05 p.m., City Council resolved into Special Meeting.
	At 9:20 p.m., the following Motion was PUT:
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Special Meeting of City Council rise and report to City Council. Carried.
RV Awning Damage	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT as recommended by the Public Works Superintendent, the July 5^th, 2002 "Claim for Damage" to an RV awning from Mr. J. Ramesbotton be denied. Carried.
Adjournment	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT this meeting do now adjourn. Carried.
	The meeting adjourned at 9:22 p.m. Michael Coleman Mayor Mark Frame Deputy City Clerk