The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., March 11, 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: 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 S. Jackson Secd. Councillor P. Kent THAT the Minutes of the Regular Meeting of City Council held on February 25, 2002 be adopted. Carried.
			Communications
Arts and Culture Week			Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Council of the City of Duncan proclaim April 21 – 27, 2002 as “ARTS AND CULTURE WEEK” in the City of Duncan as requested in the February 28, 2002 letter from the Honourable George Abbott, Minister of Community, Aboriginal and Women's Services. Carried.
International Day for the Elimination of Racial Discrimination			Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the 12^th Annual "Walk" to commemorate March 21 as the International Day for the Elimination of Racial Discrimination, beginning at City Hall on March 21, 2002 (Thursday) at 12:00 noon and ending at the Si'em Lelum Gymnasium, be approved by City Council. Carried.
BC & Yukon Hotels Association - Liquor Licensing Changes			Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the letter dated March 1, 2002 from the BC & Yukon Hotels Association, regarding liquor licensing changes that directly concern local governments, be received, the contents noted and filed. Carried.
Cancer Month			Movd. Councillor M. Lukaitis Secd. Councillor S. Jackson THAT the Council of the City of Duncan proclaim the month of April 2002 as "Conquer Cancer Month" in the City of Duncan;
			AND THAT the Council of the City of Duncan authorize the display of the Cancer Society Banner from the banner poles south of the Cowichan River on the east-side of the Trans Canada Highway from April 1 – 30, 2002. Carried.
Cliffs Road Compost Depot			Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the letter dated March 6, 2002 from Lee Alves, regarding the closure of the Cliffs Road Compost Depot, be referred to the Public Works Committee. Carried.
			Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the letter dated March 2, 2002 from Christine Gardner of 480 Pine Avenue, regarding closure of the Cliffs Road Compost Depot, be referred to the Public Works Committee. Carried.
			Reports of Standing Committees
			Finance Committee
Warrant No. 02 – 2002			Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT Warrant No. 02-02 covering General Account cheque numbers 104298 – 104437 in the total amount of $291,243.53 Payroll Account - Payroll #04 covering cheque numbers 2043 - 2049 and Direct Deposits in the amount of 28,438.64 - Payroll #05 covering cheque numbers 2050 – 2070 and Direct Deposits in the amount of 34,467.12 GRAND TOTAL . . . . . . $354,149.29 be ratified. Carried.
			Planning & Priorities Committee
			For consideration were the notes of the March 4, 2002 meeting.
New CVRD Office Building – Development Variance Permit			Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT Council authorize the commencement of the Development Variance Application process for the proposed new CVRD Office Complex at 175 Ingram Street (Lot A, Section 17, Range 6, VIP54328, Quamichan District, PID 017-794-242) and the parking lot at 137 Evans Street (Lot A & Lot 5, Block 17, Section 17, Range 6, Plan 2070, Quamichan District, PID 006-706-568 & 006-705-341) to consider the following variances with the Public Hearing occurring at 7:30 p.m., March 25, 2002:
			1. The loading zone provided on the Ingram Street site to be designated a dual purpose LOADING ZONE/15 MINUTE PARKING stall. 2. Vary the parking stall and maneuvering aisle sizes as follows:
	Width Length Aisle Width			Ingram Street Site 2.6m (8.5') 5.1m (16.73') 7.0m (23')	City Parking Bylaw 2.8m (9.2') 5.8m (19') 7.3m (24')	Evans Street Site 2.83m (9.3') 5.1m (16.73') 7.0m (23')
		(Evans Street Lots to be consolidated and covenant to be placed on title of Evans Street property restricting it to a parking lot for 175 Ingram Street). 3. 60% of the parking stalls at 175 Ingram Street to be reserved for client/public use. 4. Reduce the landscape buffer zone on the Evans Street side of the parking lot on 137 Evans Street from 1m (3.3') to .5m (1.64') on the condition the area have intensified plantings. Carried.
		Reports of Special Committees
Building Statistics – February 2002		Movd. Councillor G. Maxwell Secd. Councillor M. Lukaitis THAT the Building Statistics Report for February 2002 as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
Miscellaneous		Councillor Lukaitis reported on the following items: · On March 1, 2002, he represented City Council as Deputy Mayor at the BC Association of Farmers' Market Annual General Meeting. · On March 2, 2002, he represented City Council as Deputy Mayor at the Metis National Convention at the Cowichan Community Centre.
		· He recently attended the memorial service for deceased Councillor Claude Ruggieri of the Town of Lake Cowichan.
		Councillor Kent reported on the E & N Round Table meeting held in Duncan on March 5, 2002. He said that the participants of the Round Table are seeking a viable business model. A new working group was developed and will work under the name of "Vancouver Island Railroad Initiative". He noted that passenger rail service will continue to April 15, 2002 and they have promised no disruption to the rail bed until at least July 15, 2002.
		Mayor Coleman said that the passing of Councillor Claude Ruggieri of the Town of Lake Cowichan was a great loss. He noted that Mr. Ruggieri was also a Senior Administrator and Counselor with School District 79.
		Unfinished Business
Federal Rail Freight Sustainability Program		Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the following resolution be referred to Councillor Phil Kent, our representative on the E & N Round Table: "WHEREAS the discontinuation of freight and passenger rail service on the E & N Railway System on Vancouver Island is imminent and will increase the number of trucks on our roads by 12,000 to 20,000; AND WHEREAS local governments on Vancouver Island only recently learned about the new Federal Rail Freight Sustainability Program, which had the deadline of March 1, 2002 for applications; THEREFORE BE IT RESOLVED THAT the Council of the City of Duncan request the Federal Minister of Transportation (The Honourable David Collenette), the Natural Resources Minister (The Honourable Herb Dhaliwal) and the Secretary of State for Western Economic Diversification (Stephen Owen) to extend the deadline so that the Save Rail Coalition can develop and submit an application under the new Federal Rail Freight Sustainability Program." Carried.
Spaying and Neutering of Domestic Cats		For consideration was a letter received March 1, 2002 from Kristin Kivari, 6267 Parkside Place, North Cowichan, BC, along with a petition signed by 140 individuals regarding proposed mandatory spaying and neutering of domestic cats and a requested bylaw making the drowning of unwanted pets illegal.
		Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Council affirm their following resolution adopted at the October 9, 2001 Regular Council Meeting:
		"WHEREAS the Coquitlam and Surrey Bylaws apply only to cats; AND WHEREAS Section 703 of the Local Government Act reads in part as follows and does not specifically reference authority to require the spaying or neutering of cats and dogs:
		"Keeping of animals 703.(1) A council may, by bylaw, do one or more of the following: (a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept."
		AND WHEREAS enforcement of such a Bylaw would be extremely difficult; AND WHEREAS this concern expressed by Ms. Kivari is the sole one received at City Hall; THEREFORE BE IT RESOLVED THAT the October 2, 2001 letter from Kristin Kivari, regarding the mandatory spaying and neutering of cats and dogs, be received, the contents noted and filed.";
		AND THAT the March 1, 2002 letter from Kristin Kivari and the attached petition regarding proposed mandatory spaying and neutering of domestic cats and a requested bylaw making the drowning of unwanted pets illegal, be received, the contents noted and filed.
		Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the item regarding the spaying and neutering of domestic cats, be referred to the Public Safety Committee. Carried. Councillor Maxwell dissenting.
Kyoto Protocol		For consideration was a memorandum dated March 6, 2002 from Mayor Michael Coleman. Movd. Councillor S. Jackson Secd. Councillor P. Kent WHEREAS reducing greenhouse gases can have economic benefits;
		AND WHEREAS energy efficiency, building retrofits, water conservation, effective wastewater treatment and distribution, renewable energy technologies, waste reduction, better fleet management, etc., reduce municipal operating costs, help maintain community services, have a positive effect on the environment and protect public health;
		AND WHEREAS the Kyoto Protocol must be ratified by at least 55 countries responsible for 55 per cent of the industrialized countries 1990 CO emissions to come into force;
		AND WHEREAS many governments, including those of the European Union, Australia and Japan are considering ratification so entry into force can take place in 2002;
		AND WHEREAS Canada will host the meeting of G-8 leaders in Kananaski, Alberta, in June 2002 where ratification of the Kyoto Protocol will be discussed;
		AND WHEREAS in 2002, the 3^rd Earth Summit will be held in Johannesburg, South Africa, where 10 years after negotiating the Framework Convention on Climate Change, governments could decide if the Kyoto Protocol will come into force;
		AND WHEREAS 72 per cent of Canadians want the Kyoto Protocol ratified;
		AND WHEREAS extreme weather events create a financial burden for municipalities at a time when resources are scarce and responsibilities increasing;
		AND WHEREAS economic activity in rural communities relying on fisheries, tourism, forestry and agriculture could be seriously affected by the impacts of climate change; AND WHEREAS forestry and agriculture communities could benefit from the growth in new energy industries based on biomass; AND WHEREAS communities that have relied on fossil fuels are now increasing their investments in renewable energy and alternative fossil fuel technologies like carbon dioxide sequestration and coal gasification; THEREFORE BE IT RESOLVED THAT The Council of the City of Duncan endorses ratification of the Kyoto Protocol; AND THAT this resolution be communicated to our Member of Parliament, community media and the Federation of Canadian Municipalities. Carried.
Softwood Lumber		For consideration was a memo dated March 6, 2002 from Mayor Michael Coleman. Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Council of the City of Duncan endorse the draft letter to US Mayors entitled "Costs of Softwood Lumber Tariffs on US Citizens". Carried. It was the consensus of Council that since negotiations on the softwood lumber are looking productive, that this letter be held for further advice from Mayor Coleman.
City Square Stage Structure		For consideration was a letter March 1, 2002 from Cloghesy & Doak Ltd. Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Council accept the proposal outlined in the March 1, 2002 letter from Cloghesy & Doak Ltd., Landscape Architects, for Professional Design Services for the City Square Stage Structure (i.e. $4,990.00 excluding GST) noting that Stantec Consulting Ltd. will include their structural and electrical input into this structure from their already approved budget for the entire City Square project. Carried.
CVRD Local Transit Service Establishment Bylaw		For consideration was a letter dated March 6, 2002 from the CVRD. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the City of Duncan consents to the adoption of "CVRD Bylaw 2305, 2002 – Amendment to Local Transit Service Establishment Bylaw No. 1450", which would amend the apportionment of annual Transit Service costs. Carried.
		Bylaws
Animal & Poultry Regulation and Animal Pound bylaw No. 1291, 1980, Amendment Bylaw No. 1925, 2002 (Racing Pigeons)		Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT Council give leave to Councillor S. Jackson to introduce "Animal & Poultry Regulation and Animal Pound Bylaw No. 1291, 1980, Amendment Bylaw No. 1925, 2002". Carried.
		Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT "Animal & Poultry Regulation and Animal Pound Bylaw No. 1291, 1980, Amendment Bylaw No. 1925, 2002" be read for the first time. Carried.
		Movd. Councillor P. Kent Secd. Councillor M. Lukaitis THAT "Animal & Poultry Regulation and Animal Pound Bylaw No. 1291, 1980, Amendment Bylaw No. 1925, 2002" be read for the second time. Carried.
		Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT "Animal & Poultry Regulation and Animal Pound Bylaw No. 1291, 1980, Amendment Bylaw No. 1925, 2002" be read for the third time. Carried.
		New Business
2001 Fire Chief's Report		Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT the Fire Chief's Report for the year 2001, dated March 6, 2002, be received, the contents noted and filed. Carried.
Special Meeting		Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss personnel and property 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 8:06 p.m., City Council resolved into Special Meeting.
		At 9:00 p.m., the following Motion was PUT:
		Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Special Meeting of City Council rise; AND THAT this meeting do now adjourn. Carried.
		Michael Coleman Mayor Paul Douville City Administrator