A Fire Committee Meeting was held in the Councillors’ Lounge, = City Hall, 200 Craig Street, Duncan, B

<= /o:p>

	The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., September 27, 2004. Present: Mayor Mic= hael Coleman; Councillors Mike Caljouw, Sharon Jack= son, Phil Kent and Ken Newcomb. Absent With<= o:p> Prior Notice= : Councillors Jenny Farkas and Geoff Maxw= ell. Also Present: Paul Douville, City Administrator.
	His Worshi= p Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Adoption of Agenda	Movd. Coun= cillor S. Jackson Secd. Coun= cillor P. Kent THAT the Agenda for September 27, 2004 Regular Council Meeting, with the follo= wing addition and amendment, be approved: Add request from Cowichan United Way to erect= a large campaign sign. Move the item regarding the Cowi= chan Lawn Bowling Lease from 9(i) on the Agenda to immediately after delegations. Carried.
Adoption of Minutes	Movd. Councillor M. Caljouw = Secd. Councillor K. Newcomb<= /span> &= nbsp; THAT the minutes of the September 13, 2004 Regular Council meeting be adopted.= Carried.
	Introduction of Late Items=
Cowichan United Way – Campaign Ba= nner	For consideration was a letter dated Se= ptember 27, 2004 from Cowichan U= nited Way requesting the display of a large campai= gn sign. Movd. Councillor S. Jackson<= /span> Secd. Councillor M. Caljouw<= /span> THAT Council author= ize the Cowichan United Way to display a temporary giant puzzle sign (2.4m (8’) high x 3.7m (12’) wide; height with support structure: 4= .3m (14’) on the Save-on-Foods property (361 Trans Canada Highway, Dunc= an, BC) from October 1 – December 31, 2004 subject to the following ter= ms and conditions (reference Section 8, Schedule “A” of the Sign Bylaw): 1. = Cowichan United Way having written permission from the owners of the property (i.e. Coronation Holdings), not only from Save-On-Foods. 2. = The sign does not block the vision of vehi= cle operators at the corner of the Trans Canada Highway and <= st1:address w:st=3D"on">Coronation Avenue nor cause any t= raffic issues. 3. = Construction of the Sign is to be of such design (e.g. wind holes) that any winds will not send the sign airborne.<= /p> 4. = Cowichan United Way obtaining approval from the City Building Inspector on the details of the sign construction and location before the sign is erected. 5. = The City of Duncan being held harmless from any a= nd all liability claims by the = Cowichan United Way in writing. 6. = The City of Duncan being named as an “Additional Insured Party” on a minimum of $2 million per occurrence liability insurance policy of the Cowichan United Way. Carried.
	Delegati= ons

James Birrell – Firefighting With Martin Mars Flying Boats	James Birrell of 44 – 6111 Sayward Road, a r= etired 36-year service aircraft engineer, addressed Council. In his September 4, 2004 letter and the handout he presented at this Council meeting, Mr. Bir= rell outlined the following: · There are only 2 Martin Mars flying boats water tankers left in the world. · They are privately owned by Timberwest and rap= idly approaching retirement due to age. · To date, there is no aircraft in the world that can compete with the Martin Mars performance in fighting forest fires. · The proposal is to redesign the existing Martin Mars and equip them with modern technology and begin manufacturing a modernized water tanker, primarily for service as a firefighting aircraft= . · When built, these redesigned aircraft will be capable of: 1. Mobilizing up to 200 firefighters and equipmen= t to remote fire locations. 2. Extinguish 8 – 10 acres on a drop every = 10 – 15 minutes depending on the proximity of the water source. 3. Fighting fires in inaccessible locations.= 4. Spraying approximately 50 acres on every drop = to cool or extinguish grass fires. 5. Spraying insecticides on pine weevil, spruce budworms, etc. 6. Fertilizing or seeding new timber growth for reforestation. 7. Transporting goods to regions without runway access.

	Mr. Birrell recommended that both the provincial and federal governments contact the governments of the western states (Washington, Oregon and California) and the Premier of Alberta to setup a coalition that each state and province have a Martin Mars water bomber so that in the event of a major fire, it would be brought under control rapidly by utilizing all these aircraft during a major fire.= On a question, Mr. Birrell indicated th= at he has not costed this project but noted that prime timber value is approximately $1 million per hectare, which is lost in a major fire.= Movd. Councillor S. Jackson<= /span> Secd. Councillor M. Caljouw<= /span> &= nbsp; THAT the Council of the City of Duncan forward the proposal of James Birrell regarding firefighting with Martin Mars flying boats to our Member of Parliament Jean Crowder, our MLA Graham Bruce, the Provincial Minister of Forests, the Federal Minister of Natural Resources and the Insurance Association of British Columbia with a request for serious consideration = of this thought-provoking concept. Carried.
	Item From Committee Reports
Cowichan Lawn Bowling Club	Movd. Councillor M. Caljouw<= /span> Secd. Councillor S. Jackson<= /span> &= nbsp; THAT the current lease with the Cowichan Lawn Bowling club be amended to extend the two (2) remaining 5-year renewal terms to four (4) 5-ye= ar renewal terms ending July 2027. Carried.
	Unfinished Business
Craig Street Brewing Company – Liquor Primary License	Movd. Councillor M. Caljouw<= /span> Secd. Councillor P. Kent BE IT RESOLVED THAT= the Council of the City of Duncan recommends the issuance of a Liquor-Primary license for the Craig Street Brewing Company at 25 Craig Street, Duncan, = BC since the proposed Brew Pub would be a vibrant and exciting addition to Downtown Duncan and a significant economic generator for the local econom= y; AND THAT the Council’s comments on the prescribed considerations ar= e as follows: · The location of the establishment -= The location is in a commercial area that is removed from nearby residences a= nd is suitable for a late night entertainment venue where some street noise = at closing time can be anticipated. · The proximity of the establishment to o= ther social or recreational facilities and public buildings - The only nea= rby social, recreational and public buildings do not conflict with the operat= ion of a late night entertainment venue. · The person capacity and hours of liquor service of the establishment - The maximum person capacity of 250 with closing hours of 12:00 a.m. Sunday through Thursday and 2:00 a.m. on Frid= ay and Saturday are acceptable. A larger capacity or later hours is not supp= orted given the few number of police on duty at that time. · The number and market focus or clientel= e of liquor-primary license establishments within a reasonable distance of the proposed location - The existing establishments are large public house establishments that focus on youthful entertainment or are nightclubs that attract patrons 19 to 25 years of age. The proposed establishment is a sm= all local pub style facility with an extensive menu and is designed to appeal= to couples wanting a quiet adult venue for socializing in their community. T= here are no other facilities with a similar focus. · Traffic, noise, parking and zoning – The establishment is not expected to negatively affect traffic patterns and noise is not expected to be an issue because of the small si= ze and early hours. The applicant has met the requirements of the zoning byl= aw with regard to zoning, road access and parking. Council has passed a Development Permit permitting the use. · Population, population density and population trends – The population for the community at 4,699 f= or Duncan, 70,000 for the Cowichan Valley and 200 within 60 metres (200 feet) of the establishment and with a growth rate of 3% supports the growth in the number of licensed establishments.<= /p> · Relevant socio-economic information – The contravention rates for surrounding establishments are less t= han the provincial average and does not indicate a problem with over-proliferation of licensed establishments in the community. The commu= nity has an unemployment and income assistance rate that is lower than the provincial average and a growing tourism industry based on eco-tourism and totem tours. · The impact on the community if the application is approved – If the application is approved, the impact is expected to be positive in that it will support the growth in tourism and offer a new social venue for residents. &n= bsp; AND THAT the Council’s comments on the views of residents are as follows: · The views of residents within 60 metres (2= 00 feet) of the proposed establishment were gathered by way of written comme= nts that were received in response to a public notice posted at the site and newspaper advertisements placed in two consecutive editions of a local newspaper. Residents were given 30 days from the date of the publicly sit= ed notice and 13 days from the date of the first newspaper advertisement, in accordance with the City’s Bylaws, to provide their written views. Residents were also given an opportunity to provide comments at the public meeting of Council held on September 13, 2004. · A total of 3 responses were received from businesses and residents. Of the responses received, 1 was in support of = the application citing the creation of additional jobs and a new entertainment venue for the area as their primary reasons. A total of 1 letter was rece= ived in opposition to the application and 1 letter was received not opposing t= he Brew Pub but concerned about possible late-night noise from the patio. The primary reason cited by the opposition was perceived noise arising from clients leaving at the proposed 2 a.m. closing time and non-compatibility with other businesses in the area. · Council does not agree with the noise conc= erns raised by some of the local residents as the proposed establishment’= ;s main doors will not be facing toward the residents’ apartments. Tra= ffic will most likely exit the downtown area on a one-way street traveling in a direction opposite to the apartment building. · Council recommends that a liquor license be issued with hours of operation ceasing at 2 a.m. on Fridays and Saturdays only. Council believes that the majority of residents in the area support= the issuance of the license provided the closing hours are no later than 2 a.= m. on Fridays and Saturdays only. The establishment will create new jobs and provide a new entertainment venue that is needed in this area. Carried.
	Correspondence
World Peace Forum	Movd. Councillor K. Newcomb<= /span> Secd. Councillor P. Kent THAT the e-mail dat= ed August 4, 2004 from the UBCM, regarding the World Peace Forum in Vancouver in 20= 06, be received, the contents noted and filed. Carried.
Crime Prevention Coordinator Position – Funding Formalization	Movd. Councillor S. Jackson<= /span> Secd. Councillor P. Kent THAT in response to the September 13, 2004 letter from the Cowichan Reg= ion Community Policing Advisory Committee, the Council of the City of Duncan advise th= e CVRD Board of Directors of their willingness= to participate in a Community Policing function subject to agreement with the proposed funding scenario for the regional function. Carried.
Waste Reduction Week<= /p>	Movd. Councillor S. Jackson<= /span> Secd. Councillor K. Newcomb<= /span> THAT October 18 – 24, 2004 be proclaimed as “Waste Reduction Week” in the City of Duncan as requested by the Recycling Council of BC in their September 1, 2004 memorandum. Carried.
Duncan Christian School<= /st1:PlaceName> – So= ccer Championships at McAdam & Rotary Parks	Movd. Councillor M. Caljouw<= /span> Secd. Councillor S. Jackson<= /span> THAT the Duncan Christian School be authorized to hold the Vancouver Island Bo= ys “A” Championships at McAdam & Rotary sports fields between 9:00 a.m. and 5:00 p.m. (fields booked for 5:00 p.m. to 7:00 p.m. by other groups) on October 19, 2004 (Tuesday) and October 20, 2004 (Wednesday) as requested in their September 21, 2004 letter subject to payment of applic= able rental rates and subject to the following: &midd= ot; &nbs= p; = The Duncan Christian School holding harmless the Ci= ty of Duncan from any = and all possible liability claims in writing. &midd= ot; &nbs= p; = Public Liability Insurance to a minimum of $2,000,000 per occurrence being carri= ed by the School for this event with the City of Duncan being named as an “Addit= ional Insured Party”. &midd= ot; &nbs= p; = $300.00 Damage Deposit, which will be returned if the Parks are left in a clean a= nd undamaged condition. Carried.
Aquannis Centre/ Cowichan Centre Condit= ions and Options Report	Movd. Councillor S. Jackson = Secd. Councillor P. Kent THAT the let= ter dated September 22, 2004 from the Cowichan Centre regarding the Aquannis Centre/Cowichan Centre Conditions and Options Report be referred to a Joi= nt Meeting of the City of Duncan and District of North Cowichan Councils. Carried.

	Reports of Committees, COTW & Commissions
	Finance Committee
Warrant No. 8 - 2004<= /p>	Movd. Councillor K. Newcomb<= /span> Secd. Councillor M. Caljouw<= /span> = ; THAT Warrant No. 08-2004 cove= ring General Account cheque numbers 108613 – 108733 in the total amount = of $500,969.75 - Payroll Account – Payroll #16= covering Direct Deposits in the<= /o:p> amount of = ; <= /span> 37,533.31 - Payroll #17 covering cheque numbers 3317–3330; & Direct= Deposits in the amount of = ; 42,683.35 GRAND TOTAL= . . . . . . &n= bsp; $581,186.41 be ratified. Carried.


	For consideration were the notes of the September 20, 2004 meeting.
St. John’s Anglican Church – Tax Exemption Request	Movd. Councillor P. Kent Secd. Councillor S. Jackson<= /span> THAT Mayor M. Coleman be excused from the discussion and vote on the subject of the St. John’s Anglican Church tax exemption request as he is a former Warden of this Ch= urch and his wife is a current Warden. Carried.
	Mayor Coleman left the Council Chamber.=
	Movd. Councillor S. Jackson<= /span> Secd. Councillor M. Caljouw<= /span> &= nbsp; THAT Councillor Kent serve as Acting Mayor for this item on the Agenda. Carried. Councillor Kent assumed the Mayor̵= 7;s Chair.
	Movd. Councillor K. Newcomb<= /span> Secd. Councillor S. Jackson<= /span> &= nbsp; THAT the Tax Exemption request dated August 27, 2004 from St. John’s Anglican Church for 447 = Tyee Street, be denied pursuant to existing City of Duncan Policy. Carried. Mayor Coleman returned to the Council Table.
Group Homes – Tax Exemption Request	Movd. Councillor K. Newcomb<= /span> Secd. Councillor M. Caljouw<= /span> = ; THAT the September 8, 2004 Tax Exemption request from the Cowichan Valley Association for Community Living for their properties at 749 Marchmont Ro= ad and 346 Campbell Street, be denied pursuant to existing City of Du= ncan Policy. Carried. =
GST Rebate	Movd. Councillor K. Newcomb = Secd. Councillor S. Jackson<= /span> &= nbsp; THAT a Reserve Fund be created for 2005 and ensuing years entitled “GST Rebate Future Reserve Fund”. Carried. Councillor Kent dissenting.=
	Public Works Committee &nbs= p;
	For consideration were the notes of the September 20, 2004 meeting.
Coronation Ave. – Removal of 2 Trees	Movd. Councillor P. Kent Secd. Councillor M. Caljouw<= /span> THAT the following = trees be removed and replaced with appropriate species and root barriers: · Two trees on Coronation Avenue uprooting the sidewalk lips adjacent to the boulevard. Carried. Council requested that the Public Works Superintendent personally discuss these trees with the adjacent residents before removing the trees.
Centennial<= /st1:PlaceName> Park – Cedar Tree Replacement<= /o:p>	Movd. Councillor S. Jackson<= /span> Secd. Councillor P. Kent &= nbsp; THAT a replacement tree species for the removed cedar tree in Centennial Park be referred to the next Parks & Recreation Committee. Carried.
	Planning & Priorities Committee
	For consideration were the notes of the September 20, 2004 meeting.
181 McKinstry – Development Variance Permit Application	Movd. Councillor P. Kent Secd. Councillor K. Newcomb<= /span> = THAT as recommended by the Planning & Priorities Committee, Council authorize commencement of the Public Hearing process for issuance of a Development Variance Permit, to permit parking in the bylaw defined front yard area of 181 McKinstry Road, based on the design proposal presented, subject to the following conditions: · That the landscape design for the property be done by a professional landscape architect, and that a professional assessment of the suitability of the existing trees, hedges and shrubs on the property be done to determine if they can be properly integrated into the overall landscape design in an aesthetically pleasing manner. · That at= the discretion of the City and the Public Works Superintendent, the curbs and sidewalks on the complete road frontage be replaced at the cost of the developer. · = That a 1.5 metre solid decorative fence be constructed along the West and South property lines, with the top portion of the fence consisting of lattice w= ork. Carried.
SmartGrowthBC	Movd. Councillor P. Kent Secd. Councillor K. Newcomb<= /span> &= nbsp; THAT the City of Duncan join SmartGrowthBC as a suppor= ting municipality for a fee of $250.00 per year (October 1/04 to September 30/05).= Carried.
St. Julian Street Parking	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the existing 2-hour parking zone on the west-side of St. Julian Street be extended to include 439 & 447 St= . Julian Street; AND THAT one Disabled Persons Parking Stall be created on the west-side o= f St. Julian Street adjacent to the driveway of 439 St. Julian Street. Carried.
	Parks & Recreation Committee=
	For consideration were the notes of the September 20= , 2004 meeting.
Rotary Park Tennis Courts	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT due to severe root damage to the playing surface, the Rotary Park Tennis courts remain closed;<= /span> AND TH= AT this item be referred to the 2005 Budget Review process pending community input and cost estimates. Carried. =
	Public Safety & Emergency Se= rvices Committee
	For consideration were the notes of the September 20= , 2004 meeting.
Video Surveillance	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the City Administrator be instructed to provide a report to Council outli= ning the feasibility and cost for surveillance cameras being placed on public property for security purposes. Carried. Councillor Jackson dissenting.
	General Purposes Committee
	For consideration were the notes of the September 9,= 2004 meeting.
Road Safety Audit – Dun= can Street/Canada Avenue Upgrade	Movd. Councillor S. Jackson Secd. Councillor M. Caljouw THAT the C= ouncil of the City of Duncan ask Stantec Consulting Ltd. to review their July 6, 2004 responses to the ICBC Road Safety Audit for the Duncan Street/Canada Avenue couplet system in light of the discussion held at the September 9, 2004 General Purposes Committee meeting attended by the ICBC Road Safety Auditor and Saeed Ahmad of Stantec Consulting Ltd. noting that Duncan Str= eet should be one-way between Trunk and Queens Roads; <= u>AND THAT Stantec Consulting Ltd. be asked to provide alternative considerations for Coron= ation Avenue and for the Queens/Ypres/Coronation corridor. Carried.
Island Harvest – Medicinal Cannabis	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT as requested in the September 14, 2004 letter from Wendy Little and Eric = Nash of Island Harvest, the Council of the City of Duncan provide a letter of support in= their bid for federal approval to expand their medicinal cannabis production facility. Carried.
	Duncan/North Cowichan Joint Util= ities Board
Water Conservation Proposal	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT as recommended by the Duncan/North Cowichan Joint Utilities Board (JUB), Council adopt the following Water Conservation Program (note: North Cowichan & the CVRD are also implementing this program): 1. All new construction to install dual flush toilets (6/3 litres flush); bylaw change required. 2. Retrofit/rebate program applicable to all existing toilets. Each area to budget yearly for toilet rebate program (i= .e. DNC are considering $10,000/year @ $75/toilet rebate =3D 133 toilets in e= ach of its three sewer systems per year starting January 2005). 3. Each sewer system to budget annually for repairs to its sewer system to reduce inflow and infiltration to their se= wer system following a standard system assessment using smoke testing, system flow modeling and monitoring and video inspection. 4. Each water system suppl= ying sewer customers connected to the JUB Lagoons system to implement a mandat= ory water-metering program. Carried.
Miscellaneous	Councillor Kent reported on a recent meeting hosted in Duncan by Norske Canada regarding the completion of the recent “Health Risk Study” and the “Peer Review Study”. He said that the studies conclude th= at the emissions from the Crofton Pulp & Paper Mill have no significant health risks. However, there was a conclusion that 4 or 5 of the substanc= es in the emission require further review. It was suggested that it is a positive position for Norske Canada to disclose all information publicly. It was also noted that the Clean Ai= rShed private review is also underway.
	Councillor Newcomb reported on the foll= owing items from the recent Union of BC Municipalities Convention in Kelowna: · The Provincial Government intends to introduce Safe Streets and Urban Trespass legislation this Fall.<= /p> · The Convention voted in favour of repealing the moratorium on oil and gas exploration. · The Convention endorsed the City of Duncan resoluti= on regarding the creation of a Health Promotion Foundation. · The Convention defeated the proposal that futu= re Conventions be held on weekends. · The Convention voted to retain the name Union of BC Municipalities.
	Mayor Coleman reported on the following items: &midd= ot; &nbs= p; On September 19, he participated in the Terry = Fox Fundraising Run and activities. &midd= ot; &nbs= p; From the recent UBCM Convention he noted that = the Premier announced that the budget for Tourism BC will be doubled and th= at there was a significant and unprecedented Federal government presence at = the Convention (i.e. a number of Federal Ministers).
Special Council Meeting	Movd. Councillor M. Caljouw = Secd. Councillor P. Kent &= nbsp; THAT the Council of the City of Duncan resolve into Special Meeting (Committee= of the Whole) to discuss personnel & legal issues; AND THAT persons other than Council Members and the City Administrator be excluded from this meeting (Section 242.3 – Local Government Act).<= o:p> Carried.
	At 9:05 p.m., City Council resolved into Special Meeting. At 9:45 p.m., the following motion was = put:
	Movd. Coun= cillor M. Caljouw Secd. Coun= cillor S. Jackson THAT the Special Meeting of City Council rise without report; AND THAT this meeting of City Council do now adjourn. Carried.
	= ; &n= bsp; = ; = = ; &n= bsp; = ; <= /o:p>
	Michael Coleman Mayor = ; &n= bsp; = ; = Paul Douville City Administrator<= /p>

Correspondence