The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:35 p.m., April 14, 2003. Present: Mayor Michael Coleman; Councillors Mike Caljouw, Jenny Farkas, Phil Kent, Geoff Maxwell and Ken Newcomb. Absent With Prior Notice: Councillor Sharon Jackson. 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 P. Kent Secd. Councillor K. Newcomb THAT the minutes of the Public Zoning and Community Plan Amendment Hearing and the Regular Meeting of City Council held on March 24, 2003 be adopted. Carried.
	Delegations:
Geoff Millar – Database Projects	With the aid of a handout, Geoff Millar, CVRD Economic Development Manager, addressed City Council. As recommended under Sectoral Growth in the Cowichan Region Economic Development Strategy, the Economic Development Commission is seeking to develop two comprehensive regional databases: The Cowichan Region Business Directory and the Cowichan Digital Photofile Library. The Business Directory would provide an accessible online database containing all the businesses in the Cowichan Region. This directory will be searchable by business name, by community or area, by industry and by type of business. Business information will be stored and available at a secure level.
	The Digital Profile Library database will develop the infrastructure necessary to enable the Film Liaison Office and Economic Development Commission to attract film business to the Cowichan Region. It will provide: A detailed and digitized photofile library that documents the looks and locations of the Cowichan Region in the style and format required by the industry. The digital framework (database and web site) necessary to store, organize and retrieve the photofiles and other information relevant to film location selection decisions, and deliver it effectively to industry decision makers.
	Mr. Millar advised that they have applied to Human Resources Development Canada for funding under the Job Creation Partnerships program. The cost of the project is estimated to be $250,000.00 and the application to HRDC is for $185,000.00.
	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the Council of the City of Duncan wholeheartedly support the application of the Cowichan Region Economic Development Commission to Human Resources Development Canada for funding under the Job Creation Partnership Program for the proposed development of two (2) comprehensive regional database projects: The Cowichan Region Business Directory and the Cowichan Digital Photofile Library. Carried.
	Communications:
Tourism VI – Membership Renewal	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT Council authorize continuation of our membership with Tourism Vancouver Island (2003: $566.14 including GST); AND THAT the Duncan-Cowichan Chamber of Commerce continue to represent the City on the Association. Carried.
R.D of Nanaimo - Rest Area Commercialization	Movd. Councillor P. Kent Secd. Councillor J. Farkas THAT the letter dated March 18, 2003 from the Regional District of Nanaimo to the Honourable Gordon Campbell, regarding Rights-of-Way and Rest Area Commercialization, be received, the contents noted and filed. Carried. It was noted that at the recent Association of Vancouver Island and Coastal Communities Convention, the delegates supported a motion requesting the Province to suspend the initiative to commercialize highway rights-of-way and rest stops and consult with local governments.
Farm Property Classifications	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the letter dated March 21, 2003 from the Township of Langley, regarding Farm Property Classifications, be received, the contents noted and filed. Carried.
Salvation Army - Red Shield Appeal	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT the Council of the City of Duncan proclaim May 2, 2003 as "Kick-Off Day" for the Salvation Army Red Shield Appeal; AND THAT the Salvation Army Flag be flown at City Hall during the week of May 2 – 9, 2003. Carried.
Islands Folk Festival	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the Council of the City of Duncan authorize the Islands Folk Festival to display their banner in conjunction with the 19^th Islands Folk Festival from the banner poles adjacent to the east side of the Trans Canada Highway and south of the Cowichan River July 20 - 30, 2003 as requested in their March 25, 2003 letter. Carried.
BC Seniors Games – Bid for 2005/2006	For consideration was a letter dated March 25, 2003 from the BC Seniors Games Society. Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Council of the City of Duncan endorse a joint bid application (City of Duncan, District of North Cowichan and CVRD) to host the 2005 or 2006 BC Senior Games; AND THAT a contribution of $5,000 be committed if the Games are awarded. Carried.
IWA – Changes to BC Forest Act	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the March 26, 2003 letter from IWA Canada and the April 3, 2003 letter and attachment from IWA Local 2171, regarding proposed changes to the BC Forest Act, be forwarded to the BC Minister of Forests, Hon. Michael de Jong, requesting the written comments of the Ministry regarding the IWA submissions for the further consideration of the Council of the City of Duncan; AND THAT copies be forwarded to our MLA, the Honourable Graham Bruce. Carried.
2003/04 Paratransit Annual Operating Agreement	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the Council of the City of Duncan authorize our signing officers to execute the 2003/04 Cowichan Valley Paratransit Operating Agreement as requested in the March 27, 2003 letter from BC Transit. Carried.
Link Highway Committee	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the letter dated March 28, 2003 from the Link Highway Committee be received, the contents noted and filed; AND THAT a volunteer from City Council be sought for this appointment. Carried.
Ladies Flag Football Tournament Beer Garden	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT the Cowichan Rugby Club be authorized to stage a beer garden at McAdam Park in conjunction with the Ladies Flag Football Tournament between 12:00 noon and 8:00 p.m. on June 21, 2003 (Saturday) and June 22, 2003 (Sunday) as requested in their April 1, 2003 letter subject to payment of $100.00 per day in addition to rental rates and subject to compliance with the Beer Gardens' Policy;
	AND THAT in light of the complaints received about music volume levels during previous tournaments, the event organizers (i.e. Ian Murray) be requested to ensure us in writing by June 16, 2003 of compliance with the following items: Music volume must be kept at a reasonable level. Music volume will be reduced if a request is received from residents in the vicinity of McAdam Park or City Officials. 3. The music system speakers must face towards the Cowichan River.
Red Balloon Toy Shop – Station Street Park	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT Council authorize The Red Balloon Toyshop to stage a Birthday Party in the Station Street Park on May 3, 2003 (Saturday) subject to the following terms and conditions: The Red Balloon Toyshop apprising the Duncan Business Improvement Area Society of the event activities. The Red Balloon Toyshop 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 event with the policy naming the City of Duncan as "An Additional Insured Party". Payment of a $300.00 deposit, which will be returned to The Red Balloon Toyshop if the park and infrastructure are left in a clean and undamaged condition. Carried.
	Reports of Standing Committees
	Finance Committee
Warrant No. 3 -2003	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT Warrant No. 3-03 covering General Account cheque numbers 106141 – 106281 in the total amount of $279,053.70 Payroll Account - Payroll #5 covering cheque numbers 2646 - 2687 and Direct Deposits in the amount of 42,652.07 - Payroll #6 covering cheque numbers 2688 – 2707 and Direct Deposits in the amount of 34,286.46 GRAND TOTAL . . . . . . $355,992.23 be ratified. Carried.
	Public Works Committee
	For consideration were the notes of the April 7, 2003 meeting.
Trunk Road Median – Chevron Station	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the cement median on Trunk Road east of the Trans Canada Highway be extended to the east to prevent left turns in and out of the Chevron Station and the businesses on the south side of Trunk Road across from Chevron as requested by the Cowichan Valley Traffic Safety Committee. Carried
	Planning & Priorities Committee
	For consideration were the notes of April 7, 2003 meeting.
437 Jubilee/229 Evans Street – Dhut Project	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Council authorize Amrik and Parlad Dhut, the owners of 437 Jubilee and 229 Evans, to construct a split-faced block fence rather than a hedge on the two streets facing the property lines as outlined on the plan received April 1, 2003 from Wiersma Masonry Ltd. Carried.
Parking Management Committee – Terms of Reference	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the terms of reference for the City of Duncan Parking Management Committee be adopted. Carried.
	Public Safety & Emergency Services Committee
	For consideration were the notes of the April 7, 2003 meeting.
RCMP Auxiliary Personnel	Movd. Councillor J. Farkas Secd. Councillor M. Caljouw THAT the Council of the City of Duncan correspond with the Solicitor General for British Columbia, the RCMP and the Auxiliary & Reserve Peace Officer Association of BC requesting that they make every attempt to resolve the RCMP Auxiliary personnel issue in British Columbia as soon as possible. Carried.
Fuel Spill, Ladies Appreciation and Ted Towe	Fire Committee Councillor Caljouw reported on the recent fuel spill east of Duncan. It was reported that with the quick action of the hazardous materials team from the Province of BC and our Duncan Volunteer Fire Department, the fuel spill was well contained and the Cowichan River Aquifer and water courses in the area should not be affected. The location of the spill was also outside the well protection area. A debriefing on the incident is to occur. Councillor Newcomb reported on the April 5, 2003 Duncan Volunteer Fire Department Ladies Appreciation Night. He said it was an excellent event and noted that Rob Laver was named Firefighter of the Year. This is an unusual occurrence for an officer to receive this honour, but Rob Laver was selected due to his tremendous work on the 100^th Anniversary Celebration.
	Councillor Maxwell expressed regret on the recent death of former North Cowichan Fire Chief Ted Towe. He requested that the Mayor forward a letter of condolence to the family.
	Reports of Special Committees
Building Statistics Report – March, 2003	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT the Building Statistics Report for March 2003, as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
2002 Fire Chief's Report	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT the 2002 Fire Chief's Report be received, the contents noted and filed. Carried.
	Totem Poles Committee For consideration were the notes of the April 9, 2003 meeting.
Totems Locations	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Harvey Alphonse and Kelly Antoine totem pole, donated by the Cowichan Tribes to commemorate the Totem Project (Eagle Above Whale Holding Calf (4m (14') high), be located next to the west wall of Gallowglass Books in the City Square parking lot; AND THAT this totem pole face in a southwest direction. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT the Tupari Te Whata Maori carving (Sister City Kaikohe, New Zealand; Welcoming Spirit of Sound Above Tane Hiira, the King of the Cedar Forest (3.6m (12') high) be located at the northwest corner of City Hall (i.e. Westside where previous drinking fountain was located). Carried.
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Claude Tardif carving (Sister City Montmagny, Quebec; La Fille des Dunes – Woman at the Beach (3.6m (12') high) be located in Centennial Park near the tree dedicated by the Mayor of Montmagny. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the Totem Footprints be repainted as soon as possible on the following route: · Start at the totems on the north-side of the Train Station · West on Kenneth to Government · Southeast on Government · East on Station Street to the Station Street Park and then to the totems on the south side of the Train Station. Carried. Councillor Farkas dissenting.
	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT an offer for a free Totem Book per water account be distributed with the next water bills; AND THAT the offer advise that the Totem Books can be secured at the Duncan-Cowichan Chamber Info Centre. Carried.
Miscellaneous	Councillor Caljouw reported on the following items: · On March 26, he represented Council at the Cancer Society fundraising luncheon at the Eagles Hall. He said it was very well attended and entertaining. · On April 11, he represented Council at the Cowichan Valley Volunteer Luncheon. · At a recent meeting of the Valley Seniors Organization, former Councillor Martin Lukaitis was elected President of the Society. · He attended the recent AVICC Convention in Port Alberni. He said the event was well organized and all sessions were well attended. He said that after some confusion, the delegates voted that there be no alcohol service on BC ferries. Councillor Farkas commented on the Association of Vancouver Island Coastal Communities process. She said that as a new Councillor, she was pleased with the majority of the process despite the number of motherhood issues considered in resolution form. Councillor Kent provided kudos to the Cowichan Secondary School Junior Members of Council. At the April 10, 2003 Junior Council Meeting, the participants made an excellent effort and Councillors Caljouw and Maxwell delivered delegation presentations to them.
	Mayor Coleman reported on the following items: · He attended the March 26 & 27 Municipal Finance Authority Annual General Meeting. Significant discussion ensued on forestry issues. · He and all Members of Council participated in the 2003 Budget and 5-Year Financial Plan Open House on March 31. · At the April 4 – 6 AVICC Convention, important resolutions were adopted regarding the Vancouver Island Health Authority, the future of the E & N Railway and Hydro & Power issues. · He also expressed kudos to the Junior Mayor and Junior Councillors. · On April 11, he and the Administrator met with MLA Graham Bruce regarding the future of the Margaret Moss Health Centre. · On April 12, he participated in the Disability Resource Centre Open House.
	Unfinished Business
North Cowichan/ Duncan Working Committee	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the March 24, 2003 letter from the District of North Cowichan, regarding the North Cowichan/Duncan Working Committee, be received, the contents and filed. Carried.
Unsightly Premises – 211 First Street	The Administrator reported that the owner of 211 First Street contacted him and said that he had cleaned the property. The Building Inspector will inspect it on April 15, 2003. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the memo and attachments dated April 7, 2003 from the Building Inspector, regarding the Unsightly Premises Notice for 211 First Street be TABLED. Carried.
Development Permit – 61/71 Trunk Road	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT the February 20, 2003 Development Permit application from Donald Bruce for the provision of a car wash facility at 61/71 Trunk Road be approved subject to: The effluent from the car wash being in compliance with our Source Control Bylaw. Metered 2" water service being installed at a cost of $3,700. The sanitary sewer service being upgraded to a 6" line at a cost of $1,800. Installation of a storm water collection system to the satisfaction of City Council. · The entrance and exit driveways to be constructed at the developer's cost of approximately $2,500 to $3,500. Carried.
Janitorial Services – Nightshift Janitorial	For consideration was a memo dated March 31, 2003 from the City Administrator. Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the contract with Nightshift Janitorial be renewed for two (2) years (April 1, 2003 – March 31, 2005) for $1,755.00 plus GST per month for janitorial services for the City Hall, Fire Hall, Public Works Yard, Comfort Station and McAdam Park Field House & Washrooms and for opening and closing of the Centennial Park gates. Carried.
	Bylaws:
Community Plan Bylaw No. 1762, Amendment Bylaw No. 1947, 2003 (481 Herbert St.)	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT "City of Duncan Community Plan Bylaw No. 1762, Amendment Bylaw No. 1947, 2003" be reconsidered, finally passed and adopted. Carried.
Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 1 No. 1948, 2003 (481 Herbert Street)	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 1 No. 1948, 2003" be reconsidered, finally passed and adopted. Carried.
Fees and Charges Bylaw No. 1759, 1995 Amendment Bylaw No. 1949, 2003 (Recycling and Sewer Rent Amendments)	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT Council give leave to Councillor Ken Newcomb to introduce "Fees and Charges Bylaw No. 1759, 1995 Amendment Bylaw No. 1949, 2003". Carried.
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT "Fees and Charges Bylaw No. 1759, 1995 Amendment Bylaw No. 1949, 2003" be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT "Fees and Charges Bylaw No. 1759, 1995 Amendment Bylaw No. 1949, 2003" be read for the second time. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT "Fees and Charges Bylaw No. 1759, 1995 Amendment Bylaw No. 1949, 2003" be read for the third time. Carried.
City of Duncan Financial Plan Bylaw No. 1950, 2003	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT Council give leave to Councillor Phil Kent to introduce "City of Duncan Financial Plan Bylaw No. 1950, 2003". Carried.
	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT "City of Duncan Financial Plan Bylaw No. 1950, 2003" be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "City of Duncan Financial Plan Bylaw No. 1950, 2003" be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "City of Duncan Financial Plan Bylaw No. 1950, 2003" be read for the third time. Carried.
Tax Rates Bylaw No. 1951, 2003	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT Council give leave to Councillor Phil Kent to introduce "Tax Rates Bylaw No. 1951, 2003". Carried.
	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT "Tax Rates Bylaw No. 1951, 2003" be read for the first time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT "Tax Rates Bylaw No. 1951, 2003" be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT "Tax Rates Bylaw No. 1951, 2003" be read for the third time. Carried.
Special Council Meeting	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal 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 8:35 p.m., City Council resolved in to Special Meeting.
	At 9:45 p.m., the following Motion was Put: Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Special Meeting of City Council rise; AND THAT this meeting of City Council do now adjourn. Carried.
	Michael Coleman Mayor Paul Douville City Administrator