The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., February 23, 2004. Present: Mayor Michael Coleman; Councillors Sharon Jackson, Mike Caljouw, Jenny Farkas, Phil Kent and Geoff Maxwell. Absent With Prior Notice: Councillor 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 S. Jackson Secd. Councillor P. Kent THAT the minutes of the February 9, 2004 Regular Council meeting be adopted. Carried.
	Delegations
Mary Marcotte, Chair, CVRD – Framed Print	Present to receive a framed print of "Cowichan – The First Arising" from Mayor Coleman was Mary Marcotte, Chair – CVRD Board of Directors. Mayor Coleman made this presentation in recognition of the completion of the new CVRD office complex at 175 Ingram Street. Mrs. Marcotte thanked the Mayor and Council for this presentation and indicated that this piece of art would be displayed in a prominent location at their new offices.
Governor General Certificates of Commendation	Geoff Martin and Robert Uzzell were present to receive Certificates of Commendation from the Right Honourable Adrienne Clarkson, Governor General for Canada. A Certificate was also available for Donald Gill, who was unable to be present, and will be hand delivered to him. These three gentlemen risked their own lives on July 13, 2001 to extricate a person from a burning vehicle. The Certificate of Commendation was created in 1993 to be issued to those who have made a significant contribution by providing assistance to another person in a selfless manner. Messrs. Martin and Uzzell thanked the Mayor for making these presentations and they left the meeting.
The Honourable Graham Bruce, MLA – Provincial Budget for 2004	Referencing the handout he distributed to the Mayor and Council, Mr. Bruce outlined highlights of the 2004 Provincial Government Balanced Budget. The $30.2 Billion Budget only has a $100 million cushion, but Mr. Bruce said that the actual contingency is much higher. In 2003, there was a $500 million contingency and in 2004 it is $440 million. The Budget includes no new taxes, an increase in the threshold for homeowner grants and more money for health care and education. Referring to the handout, Mr. Bruce outlined the following points among many others: · Conforms to generally accepted accounting principles. · Additional funding provided for Social Services. · Builds on a 3-year fiscal plan to develop a strong, vibrant and competitive economy. · Committed to 2010 Olympic's funding. · Forest, oil and gas sector initiatives. · Before the current government, the economy was no longer competitive and there was a fiscal track that was not sustainable. · From 2001/02 to 2003/04, the deficit rose from $1.4 Billion to $3.8 Billion. · Noting the need for balanced budgets and the need to pay down the debt, it was noted that the accumulated debt for the Province of BC is $40 Billion. · Impacts and challenges faced: September 11, 2001, volatile economy, disasters (SARS, forest fires, floods, BSE), Softwood lumber dispute, BCMA arbitration and Ministry and Crown Corporation restructuring. · The 2004 budget maintains - The lowest personal income tax rates in Canada for the bottom 2 tax brackets. - The second lowest top marginal income tax rate in Canada. - One of the lowest small business corporation income tax rates. - Sales tax exemption on production machinery and equipment. - Elimination of the corporation capital tax for general corporations.
	Mr. Bruce also outlined several other statistics and grafts and charts prior to ending his presentation. Mr. Bruce was thanked for his presentation and he left the meeting.
	Communications
Cowichan Exhibition Society – Banner Request	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT the Council of the City of Duncan authorize the display of the Cowichan Exhibition Banner from the banner poles adjacent to the east-side of the Trans Canada Highway and south of the Cowichan River from August 23 - September 13, 2004 as requested in the February 5, 2004 letter from the Cowichan Exhibition. Carried.
Bill C-57 (Westbank First Nation Self-Government Act)	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the letter dated February 6, 2004 from John Cummings, MP – Delta-South Richmond, regarding Bill C-57 (Westbank First Nation Self-Government Act), be received, the contents noted and filed. Carried.
Norske Canada – Burning Cheaper Fuel	For consideration was a letter received February 16, 2004 from Patti Goertzen of North Cowichan. Movd. Councillor S. Jackson Secd. Councillor J. Farkas THAT the Council of the City of Duncan urge the Ministry of Water, Land and Air Protection to ensure that its evaluation of the application for amendment of Permit #PA1902 and the monitoring of Norske Canada's 30-month alternate fuels trial addresses the concerns expressed at the January 20, 2003 Crofton public meeting. Carried.
Cowichan River Park	Movd. Councillor J. Farkas Secd. Councillor P. Kent THAT the letter dated February 16, 2004 from the Ministry of Water, Land and Air Protection, regarding the March 2, 2004 meeting to prepare a management direction statement for the Cowichan River Park, be received, the contents noted and filed. Carried. Councillors Farkas and Maxwell said that they would be attending this meeting at the Travelodge Silver Bridge Inn.
DBIAS - 2003 Financial Statements & 2004 Budget	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the letter dated February 17, 2004 from the Duncan Business Improvement Area Society (DBIAS), with which they provide their 2003 Financial Statements and their 2004 Budget, be received, the contents noted and filed. Carried.
	Reports of Standing Committees
	Planning & Priorities Committee
	For consideration were the notes of the February 16, 2004 meeting.
BCw Development Co.– 177 Kenneth Street	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council authorize the issuance of a Development Permit for the proposed project of the BCw Development Co. (Brant Weninger & Charlie Webb) for 177 Kenneth Street. Carried.
	Parks & Recreation Committee
	For consideration were the notes of the February 16, 2004 meeting.
Mortel Development Co. Ltd. – Proposed Strata Title Subdivision of 466 Chesterfield and 467 Beech	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Mortel Development Co. Ltd. be advised that City Council is prepared to accept and process a "Development Variance Permit" application for the proposal to subdivide two (2) existing lots (i.e. 466 Chesterfield and 467 Beech) into three(3) Strata Lots and one Fee Simple Lot noting the following items: · The Limited Common Property driveway is proposed as 4 metres (13') rather than 4.5 metres (14.7') wide. · The setback from the common property to the existing dwelling on proposed Strata Lot 1 would be .5 metre (1.64') rather than the required 1.5 metres (4.9'); AND THAT the foregoing be subject to no doorways being permitted on the north-side of the existing dwelling on proposed strata lot 1. Carried.
	Public Works Committee
Station Street Restorative Project	Councillor Maxwell advised that the owner of the Bagel Shop on Station Street is unhappy with not being notified of the start of work on the north-side of Station Street adjacent to the Green Haven Restaurant. She apparently lost her water service and had to cancel a cooking class and dismiss employees that she brought on for this event. Subsequent to the meeting, it was learned that the contractor did not anticipate having to shut off the water service, but upon excavation, a problem arose and the water did have to be shutoff for a short period of time.
	Fire Committee
Long Service Medals	Mayor Coleman reported on the February 21, 2004 Ceremony at the Duncan Fire Hall at which time Her Honour, The Honourable Iona Campagnolo, the Lieutenant Governor of BC presented long service medals as follows: 20-years Ron Monk and Rick Starke 25-years Rick Barry, John Campbell and Alvin Wallace 30-years Deputy Chief Doug Robertson 40-years Chief Glenn Mackie.
	Mayor Coleman said that this Ceremony was very well organized and very touching.
	General Purposes Committee
	For consideration were the notes of the February 16, 2004 meeting.
Fire Damage and Rebuild – 683 Charlotte Street	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Council concur with the valuation methodology determined by the Building Inspector regarding the rebuilding costs for 683 Charlotte Street (fire damage on April 7, 2003; rebuilding costs must include the upgrade costs to meet the current building code); AND THAT Bill Pangman, owner of 683 Charlotte Street, be advised that the building can only be rebuilt as a single-family dwelling (zoned R-1) and not as a 3-Plex. Carried.
Green Door Property – Outstanding Deficiencies	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT Council request the Building Inspector to work with the Green Door Society regarding outstanding deficiencies on their property at 126 Ingram Street; AND THAT if the outstanding deficiencies for 126 Ingram Street are not addressed by June 30, 2004, Council authorizes the filing of a "Notice on Title" in the Victoria Land Title Registry Office. Carried.
	Reports of Special Committees
	Pioneer Complex Committee For consideration was a letter dated February 17, 2003 from the Secretary of the Pioneer Park Complex Committee.
2004 Budget	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT as recommended by the Pioneer Complex Committee, the 2004 Budget for Kinsmen and Pioneer Parks for $196,125.00 be approved. Carried. The Administrator was asked to check on the expenditure for the X-treme Park lighting.
Miscellaneous	Mayor Coleman reported on the following items: · On February 14, he participated in the ceremony at the Cowichan Sportsplex at which time Island Savings Credit Union and Peter Baljet Chevrolet Olds made a combined contribution of $75,000. · Two meetings have been held with the Downtown Duncan Farmers' Market Society (DDFMS) and the Duncan Business Improvement Area Society (DBIAS) regarding the Farmers' Market lease. Negotiations are still proceeding.
	· On February 19, he participated in the Cowichan Economic Development Commission launch for Film Cowichan and Tourism Cowichan. · On February 21, he participated in the New Ventures Showcase, the Jubilee Garden Sod Turning Ceremony and the Long Service Medal presentations at the Duncan Fire Hall.
	New Business
Median On Trunk at TCH	Mayor Coleman asked the Administrator to ensure that some safety reflectors get installed on the median bullnose on the west-side of the Trans Canada Highway on Trunk Road.
Special Council Meeting	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss property and negotiation items; AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act). Carried.
	At 8:25 p.m., City Council resolved into Special Meeting. At 9:15 p.m., the following Motion was Put:
	Movd. Councillor S. Jackson Secd. Councillor J. Farkas 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