The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:32 p.m., January 14, 2002.
	Present: Mayor Michael Coleman; Councillors Mike Caljouw, Sharon Jackson, Phil Kent, Martin Lukaitis, Geoff Maxwell, 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 M. Lukaitis Secd. Councillor K. Newcomb THAT the Minutes of the Regular Meeting of City Council held December 10, 2001 be adopted. Carried.
Parlad & Amrik Dhut – 229 Evans Street/ 437 Jubilee Street (3-Story, 6-Unit Apartment Building) – Development Variance Permit	It was the consensus of all Members of Council that the Development Variance Permit item regarding 229 Evans Street/ 437 Jubilee Street be considered at this time. Movd. Councillor S. Jackson Secd. Councillor M. Caljouw THAT a Development Variance Permit be issued for the proposed 3-story, 6-unit apartment building at 229 Evans Street/ 437 Jubilee Street (Lot 4, Block 18, Plan 2070, Section 17, Range 6, Quamichan Land District, Portion & SLY 37.88 FT LOT 3) providing for the following variances: 1. Reduce front yard setback from 7.5 metres (24.6') to 4.5 metres (14.76'). 2. Reduce interior side yard setback (i.e. north side) from 3 metres (9.84') to 1.93 metres (6.33'). 3. Reduce exterior side yard setback (i.e. south side) from 6 metres (19.68') to 1.93 metres (6.33'). 4. Reduce the size of one (1) of the eight (8) parking stalls from 2.8 x 5.8 metres (9.19' x 19') to 2.4 x 4.8 metres (7.87' x 15.75') with this stall marked "SMALL CAR" subject to: a) The existing cedar hedge along Evans & Jubilee Streets being removed and replanted along new property lines due to continual sidewalk encroachment problems. (Note: City has acquired 3 metre (10') wide strips along Evans & Jubilee for future road widenings.) b) If the developers want new sidewalks constructed adjacent to new property lines along Evans and Jubilee with the completion of the building, they be responsible for the cost.
	c) That in accordance with Section 925 of the Local Government Act, security be provided by the owners to ensure completion of the landscaping and other related site works. The amount of the security is to be between $6,000.00 and $11,000.00 at the discretion of the City Building Inspector. d) A 1.8 metre (6') high fence being constructed along the north and west property lines with a hedge planted immediately inside the fence. e) All the garbage receptacles being stored under the stairs next to Evans Street. Carried.
	Communications
Kidney Month	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the month of March 2002 be proclaimed as "Kidney Month" in the City of Duncan as requested by the Kidney Foundation of Canada in their December 5, 2001 letter. Carried.
Duncan Paving Ltd. - Donation to City Square	For consideration was a letter dated December 14, 2001 from Duncan Paving Ltd. Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT the Council of the City of Duncan express appreciation to the Duncan Paving Company, an excellent corporate citizen, for their contribution of a $5,000.00 construction credit towards the City Square Project. Carried.
Section 21 – Small Business Value-Added Forest License Program	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Council of the City of Duncan endorse the position outlined in the December 21, 2001 letter from the Vancouver Island Association of Wood Processors, regarding the need to retain Section 21 – Small Business Value-Added Forest License Program; AND THAT the resolution be forwarded to Premier Gordon Campbell, The Honorable Mike de Jong, Minister of Forests and the IWA. Carried.
Building Child and Youth Friendly Communities Workshop	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the December 21, 2001 letter from the District of North Cowichan, regarding the March 6, 2002 Building Child and Youth Friendly Communities Workshop, be referred to the Administrator to report back. Carried.
	It was suggested that Members of the Junior Council be asked to attend this workshop.
Town Crier – Year-End Report	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the December 28, 2001 annual report from Mr. Robert Alexander, Duncan's Official Town Crier, be received with much appreciation for a job-well-done; AND THAT his appointment as Town Crier for the City of Duncan be confirmed; AND THAT his expense claim of $133.86 be paid forthwith. Carried.
Ecomuseum Wind-Up	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the January 7, 2002 letter from the Cowichan and Chemainus Valleys Ecomuseum, wherein they announce the wind-up of their society effective November 30, 2001, be received, the contents noted and filed. Carried.
	Reports of Standing Committees
	Parks & Recreation Committee
City Square Project	Councillor Maxwell advised that a meeting with the landscape architects regarding the City Square project will be held prior to the end of January.
	Planning & Priorities Committee
DNRC	Councillor Kent advised that on January 9, 2002, he attended a meeting of the Downtown Neighbourhood Revitalization Committee (DNRC). He said the first draft of their position paper was tabled for comment and further input. He said they are definitely heading in the right direction and that the position paper contains useful recommendations. Councillor Kent also reported that on January 17, Council will be participating in a Strategic Planning Information Session.
	Reports of Special Committees
Building Statistics Report – December 2001	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the Building Statistics Report for December 2001 as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
	Duncan/North Cowichan Joint Utilities Board For consideration was a letter dated December 11, 2001 from the JUB Secretary.
JUB – 2002 Budget	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT as recommended by the Duncan/ North Cowichan Joint Utilities Board, the 2002 JUB Budget showing an operating amount of $363,075 and a capital improvement amount of $428,711, be approved. Carried.
	Advisory Planning Commission For consideration were the notes of the December 17, 2001 meeting.
Charge for Parking Stall Shortfall Parking Stall Dimensions	Movd. Councillor M. Caljouw Secd. Councillor S. Jackson THAT as recommended by the APC, the $8,000 charge per parking stall shortfall be retained at this time. Carried. Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT as recommended by the APC, Council maintain the current parking stall dimensions; AND THAT the required parking ratios be reviewed. Carried.
Miscellaneous	Councillor Lukaitis reported on the following items: · On January 4, 2002, he represented City Council as Deputy Mayor at the 50^th Anniversary celebrations of the Duncan Curling Club. · The Cowichan Community Centre Commission recently adopted the following policies: 1. Cowichan Community Centre Corporate Sponsorships Naming Rights Agreements Policy 2. Cowichan Community Centre Commission and Staff Involvement with Recognized Cowichan Community Centre Recreation, Sports and Cultural Associations, Groups and "Friends" of the Cowichan Community Centre Policy.
	Councillor Jackson reported that in regard to the Race Relations Advisory Committee, she is still participating in the sustained dialogue group which is currently involved in a strategic planning process.
	Mayor Coleman reported on the following items: · On January 8, 2002, he and Councillor Caljouw met with MP Reed Elley and the Mayors of North Cowichan, Ladysmith, and Lake Cowichan and the Chair of the Cowichan Valley Regional District
	Board to discuss continuation of passenger E & N rail service and improvements to the service. He said it was a very positive and constructive meeting. · On January 12, he met with new Cowichan Tribes Chief Harvey Alphonse, Former Chief Dennis Alphonse, Lloyd Axworthy and two Economic and Community Development Officials of the Cowichan Tribes. He said it was a very positive meeting with an indication that the Cowichan Tribes definitely wish to work closely with the community at large, would favour quarterly meetings with City Council and look forward to the completion of an effective services agreement.
	Councillor Newcomb advised that late in 2001, he, Mayor Coleman and Councillor Caljouw attended a session on First Nations Treaty Negotiations. He said it was very useful and informative.
	Unfinished Business
Duncan Mall/ Festubert/Trunk – Traffic Signals	For consideration were letters dated December 13 & 17, 2001 from The Gulf Pacific Group and Stantec Consulting Ltd. Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT in response to the December 13, 2001 letter from The Gulf Pacific Group, wherein they request City Council to reconsider their decision not to contribute towards the proposed traffic signals upgrade at the Duncan Mall/Festubert/Trunk intersection, a copy of the December 17, 2001 letter from the City Engineers, Stantec Consulting Ltd., be forwarded to The Gulf Pacific Group. Carried.
	For consideration was a letter dated December 20, 2001 from The Gulf Pacific Group and a memorandum dated January 3, 2002 from the Public Works Superintendent. Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT Council agree to be responsible for the following items related to the Duncan Mall/Festubert/Trunk Intersection traffic signal modification noting that the Public Works Superintendent and our Consulting Engineers, Stantec Consulting Ltd., must be invited to a pre-construction meeting organized by Bunt & Associates to ensure the upgrades are to City specifications and requirements.
	1. Traffic control during installation (approximately 2-4 hours). 2. Signage – supply and install signage on Trunk road advising motorists of the planned signalization changes. Carried.
DNRC – CVRD Office Complex	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the December 15, 2001 letter from the Downtown Neighbourhood Revitalization Committee (DNRC), regarding the proposed new CVRD office complex, be referred to the Planning – Priorities Committee. Carried.
Forestry Resolutions	For consideration was a memorandum dated December 17, 2001 from the Cowichan Region Economic Development Commission. Movd. Councillor K. Newcomb Secd. Councillor S. Jackson WHEREAS the Coastal forest industry is severely constrained by current government regulations and legislation; AND WHEREAS thousands of workers, hundreds of small businesses and dozens of Coastal and Lower Mainland communities depend on the health of the Coastal forest industry; THEREFORE BE IT RESOLVED THAT the Council of City of Duncan encourages the BC government to expedite its commitment to the restructuring of the legislation and regulations affecting the industry. As part of the restructuring, the Council of the City of Duncan urges the government to support the implementation of a transition stumpage formula on January 1^st through a modification of the MPS Hemlock pricing pilot for all species and to continue until a new agreed upon formula is put in place upon resolution of the US-Canada softwood lumber debate; and BE IT FURTHER RESOLVED THAT affected communities be included in assisting the government to resolve these issues. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson WHEREAS Canadian Western Red Cedar does not compete with US structural lumber; AND WHEREAS thousands of Canadian and US workers and communities depend on export of Canadian Western Red Cedar products to the US to provide jobs; THEREFORE BE IT RESOLVED THAT the Council of the City of Duncan encourage Prime Minister Jean Chretien to expedite actions with the US to immediately remove Western Red Cedar products from the Canada/US softwood lumber talks. Carried.
Police Cost Formula	Movd. Councillor S. Jackson Secd. Councillor M. Lukaitis THAT the letter dated December 17, 2001 from the Union of BC Municipalities to the Minister of Public Safety and Solicitor General, regarding the police cost formula, be received, the contents noted and filed. Carried.
Cowichan Sportsplex – Water Billing	For consideration was a letter dated December 17, 2001 from the District of North Cowichan. Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT Councillor Newcomb, who provides legal advice to the Chesterfield Sports Society, be excused from the debate and vote on the subject of the Cowichan Sportsplex. Carried. Councillor Newcomb left the Council Chamber. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the Council of the City of Duncan assume responsibility for payment of the outstanding water consumption at the Cowichan Sportsplex for the period ending June 30, 2001 (i.e. $638.98) and for the period of July 1, 2001 to December 31, 2001 (i.e. $279.75). Carried. Councillor Newcomb returned to the Council table.
"China Gardens" Signage	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the wording of the brief history of Duncan's Chinatown, provided by Priscilla Davis of the Cowichan Historical Society, be approved for the "China Gardens" signage. Carried. Councillor Lukaitis dissenting.
Sewage Lagoon Capital & Operating Agreement	Movd. Councillor M. Lukaitis Secd. Councillor K. Newcomb THAT Council authorize the Mayor and City Administrator to execute the December 20, 2001 Sewage Lagoons Capital and Operating Agreement between the District of North Cowichan, City of Duncan and the Cowichan Indian Band (i.e. Cowichan Tribes); AND THAT Council also authorize the Mayor and City Administrator to execute similar agreements between the District of North Cowichan, City of Duncan and the
	Cowichan Valley Regional District for Electoral Areas "E" (i.e. Eagle Heights) and "D" (i.e. Cowichan Bay). Carried.
CVRD/BCBC Owners Agent Contract – New Library	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the letter dated December 21, 2001 from the Cowichan Community Centre General Manager, regarding the proposed CVRD/BCBC Owners Agent Contract for the new Cowichan Branch of the Vancouver Island Regional Library, be received, the contents noted and filed. Carried.
VI Rail Services	For consideration was an e-mail and attachments dated January 7, 2002 from the Vancouver Island Railway Society and correspondence dated January 9, 2002 from the Association of Vancouver Island and Coastal Communities regarding continuation of rail passenger service on Vancouver Island. Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT Councillor Phil Kent represent the Council of the City of Duncan at the proposed Vancouver Island Railway Society Round Table and the Association of Vancouver Island and Coastal Communities (AVICC) Steering Committee on the future of rail services on Vancouver Island. Carried.
	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT a letter be sent to the Honourable David Collenette, the Minister of Transport Canada and the Honorable Judith Reid, Minister of Transportation for the Province of British Columbia stating that considering the pending cancellation of rail service on Vancouver Island, the City of Duncan strongly supports the initiative to develop a round table on the future of rail on Vancouver Island; AND THAT all essential rail asset and infrastructures remain intact until a full review of all options has been exhausted; AND THAT copies be forwarded to The Honourable Graham Bruce, MLA; The Honourable Reid Elley, MP; Wayne Stewart, Vancouver Island Railway Society and David Anderson, MP. Carried.
Bus Stop Pad – Charles Hoey Memorial Park	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the January 7, 2002 memo from the Public Works Superintendent, regarding a possible bus stop pad in Charles Hoey
	Park, be referred to the Public Works Committee for recommendation. Carried.
Residential Curbside Recycling Contract	For consideration was a letter dated December 27, 2001 from Active Disposal and Recycling Ltd. and a memorandum dated January 3, 2002 from the City Treasurer. Movd. Councillor M. Caljouw Secd. Councillor M. Lukaitis THAT the contract with Active Disposal and Recycling Ltd. for the residential curbside recycling program be extended for 5 years (June 1, 2002 – May 31, 2007) based on the following prices subject to Active Disposal and Recycling Ltd. verifying the unit count or using the City of Duncan billing amount (i.e. currently 1,228 properties): June 1 – Dec 31, 2002 $ .80/house/month ($9.60/year) Jan 1, 2003 – May 31, 2007 $ .91/house/month ($10.92/year) Carried. Councillor Kent dissenting.
Disabled Employees/ Volunteers Parking Permits	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the January 10, 2002 letter from Terry Wiens, Executive Director, Independent Living Resource Centre, be received, the contents noted and filed noting the following items: Following the April 20, 2001 meeting between Mr. Wiens and the Administrator, the April 26, 2001 report from the City Administrator to the Mayor's Advisory Committee for Persons with Disabilities, wherein $25.00 per month was recommended for the Disabled Employees/Volunteers Parking Permits, was provided to Mr. Wiens. At that time and until October 1, 2001, Mr. Wiens or other representatives of the Independent Living Resource Centre did not object to the recommendation. Mr. Wiens is not being targeted by our Commissionaires and would have easily avoided receiving the five (5) parking tickets if he had simply purchased the $15.00/month Disabled Employees/Volunteers Parking Permit. The City of Victoria currently charges $30.00/month for their Disabled Employees/Volunteers Parking Permits. The information about the owners of vehicles displaying Disabled Persons Placards was obtained by the Commissionaires from the Motor Vehicles Branch.
	· If disabled or elderly patients, who display Disabled Persons Placards in their vehicles, receive parking tickets for being with their doctors for longer than two hours, the tickets can be cancelled with presentation of a note from the medical clinic. Carried.
	Bylaws
City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001	Movd. Councillor M. Lukaitis Secd. Councillor G. Maxwell THAT "City of Duncan Fire Truck Security Issuing Bylaw No. 1924, 2001" be reconsidered, finally passed and adopted. Carried.
	New Business
Margaret Moss Health Unit – Lease Renewal	For consideration was a letter dated December 17, 2001 from BCBC. Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT the following recommendation regarding the proposed lease renewal for the Margaret Moss Health Unit be referred to the Finance Committee for recommendation: ”THAT the Council of the City of Duncan agree with the proposed December 1, 2001 lease amendment with the BC Buildings Corporation for the Margaret Moss Health Unit at 675 Canada Avenue, Duncan, BC." Carried.
BC Hydro Natural Gas Power Plant	Councillor Jackson advised of the following two meetings being held regarding the proposed BC Hydro natural gas power plant: Information Session Thursday, January 17, 2002 at 7:00 p.m. at the Nitinat Room in the Cowichan Community Centre. Public Hearing Thursday, January 24, 2002 at 7:30 p.m. at the Cowichan Community Centre Theatre.
398 Beech Avenue – Proposed Bare Land Strata Development	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the proposed bare land strata development of Lot 2, Section 17, Range 7, Quamichan District, Plan 7562 (398 Beech Avenue) be referred to the Planning and Priorities Committee for recommendation. Carried.
Special Meeting	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal and property matters; 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 9:25 p.m., the following Motion was PUT:
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent 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