The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., October 15, 2002.
	Present: Mayor Michael Coleman; Councillors Mike Caljouw, Phil Kent, Martin Lukaitis and Ken Newcomb. Absent With Prior Notice: Councillors Sharon Jackson and Geoff Maxwell. Also Present: Paul Douville, City Administrator.
	His Worship Mayor Michael Coleman opened the Council Meeting with a prayer and called for order.
Ballot Order – November 16, 2002 Election (Councillors)	At the close of nominations at 4:00 p.m. on October 11, 2002, Michael Coleman was the only candidate filed for the position of Mayor. If there are no challenges to this acclamation, the Chief Election Officer may declare Michael Coleman as Mayor on October 21, 2002. With the assistance of Peter Rusland, Reporter with the Cowichan News Leader, Mr. Douville then conducted the draw for the order of the Councillor candidates on the Ballot for the November 16, 2002 Election. The names were drawn from a box in the following order: Phil Kent Geoff Maxwell Mike Caljouw Kate Rossetto Martin Lukaitis Jenny Farkas Tom Duncan Ken Newcomb Sharon Jackson.
Adoption of Minutes	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT the minutes of the September 23, 2002 Regular Meeting of City Council be adopted. Carried.
	Communications:
2003 Cowichan Music Festival Scholarship – Grant	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the Council of the City of Duncan provide a $200.00 grant for the 2003 Cowichan Music Festival Scholarship for the outstanding Intermediate Student in Piano Classes; AND THAT the Mayor or his designated representative present the Scholarship cheque at the 2003 Awards Ceremony as requested in the September 24, 2002 letter from the Cowichan Music Festival Committee. Carried.
Church of Jesus Christ of Latter Day Saints - Banner	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Council of the City of Duncan authorize the display of the Church of Jesus Christ of Latter Day Saints banner from the banner poles adjacent to the east-side of the Trans Canada Highway and south of the Cowichan River for the month of December 2002 as requested in the September 24, 2002 letter from the Church of Jesus Christ of Latter Day Saints. Carried.
Together We Care Campaign	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the Council of the City of Duncan congratulate Thrifty Foods for 25 years of business success and support for Vancouver Island communities through the "Together We Care" campaign (i.e. benefits for maternity care throughout Vancouver Island). Carried.
Waste Reduction Week	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT October 21 – 27, 2002 be proclaimed as "Waste Reduction Week" in the City of Duncan as requested by the Recycling Council of BC in their September 25, 2002 memorandum. Carried.
Growing Together Young Parent Program – Waiving of Building Permit Fee	For consideration was a letter dated October 7, 2002. Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT Council agree to waive the Building Permit Fee ($245.00 plus any plumbing at $5.00 per fixture) for the proposed expansion of the Growing Together Child Care Centre at 490 Cairnsmore Street. Carried.
2003 Cowichan The Warm Land Official Visitor Guide	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Council authorize the renewal of our back cover advertisement in the 2003 Cowichan Warm Land Guide for a cost of: $2,800.00 (5% increase over 2002) plus GST of 196.00 $2,996.00 subject to: 1. The City paying the full amount in advance in 2002 when ordering the 2003 outside back cover. 2. The City receiving four(4) boxes (500 magazines) of the 2003 Guides for distribution at City Hall (note: in 2002, we received three(3) boxes – 325 magazines). Carried.
	Council asked the Administrator to contact Pink Creative Concepts regarding the Companion Publication to the Official Visitor Guide, which is distributed on BC Ferries.
Remembrance Day Annual Requests	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the September 26, 2002 requests from the Cowichan Branch (Pacific) 53, of the Royal Canadian Legion be endorsed; AND THAT a Flag Raising Ceremony be conducted at Charles Hoey, VC Memorial Park on Saturday, October 26, 2002 at 1:00 p.m.; AND THAT the Legion Members be authorized to hold their annual Tag Solicitation Days as follows: Saturday – October 26 - 10:00 am to 5:00 pm Saturday - November 2 - 10:00 am to 5:00 pm Saturday - November 9 – 10:00 am to 5:00 pm;
	AND THAT the Legion also be authorized to stage the annual Remembrance Day Ceremony and Parade at and in the vicinity of the Cenotaph on Monday, November 11, 2002 at 10:55 a.m. Carried.
Community Living Services, Fostering in British Columbia and Autism Awareness Month	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT October 2002 be proclaimed as Foster Family Month, Autism Awareness Month and Community Living Month in the City of Duncan as requested in the October 1, 2002 letter from the Ministry of Children and Family Development. Carried.
FutureCorp Cowichan - Self-Employment Program	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the Council of the City of Duncan support "in principle" the proposal of FutureCorp-Cowichan in partnership with the Community Futures Development Corporation of Central Island to Human Resource Development Canada to continue to deliver the Self-Employment Program to assist individuals, who are EI eligible, to start their own businesses noting that these organizations have been delivering this program to eligible residents of the Cowichan and Nanaimo Regions since 1989. Carried.
Veterans' Week	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the Council of the City of Duncan proclaim November 5 – 11, 2002 as "Veterans' Week" in the City of Duncan, as requested by Veterans Affairs Canada in their correspondence received October 11, 2002. Carried.
Halloween Spooktacular	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT in response to the October 9, 2002 letter from the Duncan Business Improvement Area Society (DBIAS), Council authorize the DBIAS to stage a Downtown Halloween Event in the Station Street Park from 12:00 noon to 4:00 p.m. on October 26, 2002 (Saturday) subject to the following terms and conditions:
	The DBIAS holding harmless the City of Duncan from any and all possible public liability claims. Provision of liability insurance to a minimum of $2,000,000 per occurrence for this event with the City of Duncan being named as an "Additional Insured Party". Payment of a $300.00 deposit, which will be returned to the DBIAS if the Park and infrastructure are left in a clean and undamaged condition. Carried.
Cowichan Tribes – Outdoor Recreation Park	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT the October 15, 2002 letter from Chief Harvey Alphonse of the Cowichan Tribes to the Cowichan Valley Regional District, wherein he requests further debate on the Outdoor Recreation Park be postponed until after the November 2002 Elections, be received, the contents noted and filed. Carried.
	Reports of Standing Committees
	Finance Committee
Warrant No.9-02	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT Warrant No. 09-02 covering General Account cheque numbers 105283 – 105438 in the total amount of $404,541.76 Payroll Account - Payroll #19 covering cheque numbers 2357 - 2403 and Direct Deposits in the amount of 48,211.20 - Payroll #20 covering cheque numbers 2404 – 2427 and Direct Deposits in the amount of 34,611.16 GRAND TOTAL . . . . . . $487,364.12 be ratified. Carried.
	For consideration were the notes of the September 30, 2002 meeting.
North Cowichan Environmental Program	Movd. Councillor M. Lukaitis Secd. Councillor Caljouw THAT the Council of the City of Duncan agree to participate in the District of North Cowichan Environmental Program with an annual contribution of $1,000.00 subject to:
	The City of Duncan name being introduced into the promotional material, Duncan Elementary being added to the Elementary School program, A public display continuing to occur annually at the Duncan/Cowichan Summer Festival,
	4. Public displays being arranged at Duncan City Hall just prior to the property tax payment deadline and at one or more of the Duncan Farmers' Markets (i.e. Saturday mornings north of the train station), City participation in this program to be reviewed annually. Carried.
Cowichan Community Kitchens – Grant Request	Movd. Councillor M. Lukaitis Secd. Councillor K. Newcomb THAT the August 30, 2002 grant request from the Cowichan Community Kitchens be denied; AND THAT the grants categories be reviewed for future consideration. Carried.
Queen Margaret's School – Additional Tax Exemption Request	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT the September 17, 2002 additional tax exemption request for Queen Margaret's School property from Ridgway & Company, Barristers & Solicitors, be denied. Carried.
	Planning & Priorities Committee
	For consideration were the notes of the October 7, 2002 meeting.
330 Duncan Street – Old Duncan Garage	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Council authorize the processing of a Heritage Designation Bylaw for 330 Duncan Street (Old Duncan Garage);
	AND THAT Council authorize the processing of a Development Permit and a Heritage Alteration Permit in conjunction with the Heritage designation with the following provisions:
	1. The building is considered existing legally non-conforming (i.e. Bylaw maximum site coverage is 50%; building covers approximately 60% of the property).
	The building encroaches public property on the west-side (i.e. Duncan Street frontage) by 19.4 cms. (7.64") on the south-end and 12.3 cms. (4.84") on the north-end. An encroachment agreement will be executed between the owner and the City.
	The front of the building is to be restored to its original form, which will result in an aerial encroachment of the crown detail and awnings. These encroachments will also be included in the encroachment agreement.
	Parking requirements will be waived via the Heritage Alteration Permit. Carried.
	Fire Committee
Miller Road House Fire	Councillor Caljouw reported that on the early morning of October 14, 2002, the Duncan Volunteer Fire Department fought a fully engulfed house fire on Miller Road. He said there was considerable property damage but no loss of life.
	Reports of Special Committees
Building Statistics – September 2002	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the Building Statistics Report for September 2002, as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
	Advisory Planning Commission
Proposed Heritage Plaques	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT as recommended by the Advisory Planning Commission, Council authorize the purchase of 10 "CITY OF DUNCAN HERITAGE BUILDING" bronze plaques at a cost of $66.25 each; AND THAT the Green Door Society be reimbursed $167.75 for the first "City of Duncan Heritage Building" plaque that they commissioned. Carried.
Rezoning Application – 321 Coronation Avenue (Ron Bradshaw)	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT as recommended by the Advisory Planning Commission, Council proceed to Public Hearing for a rezoning of 321 Coronation Avenue (Ron Bradshaw; legal description: Lot A, Plan 8732, Section 17, Range 6, Quamichan District) from C-2 (Office Commercial) to C-3 (Service Commercial) subject to the property owner agreeing in writing to register a covenant on title restricting the C-3 uses to the following ones and none other:
	Retail and wholesale sale of motor vehicle parts and accessories; Retail and wholesale sale of building and camping supplies; Restaurants, catering, excluding drive-in and drive-through restaurants; Office, retail and wholesale sales; Single family residential uses as an accessory to the uses outlined above. Carried.
Miscellaneous	Mayor Coleman reported on the following items: On October 9, 2002, the CVRD Board agreed to move forward with the Regional Tourism Function. The initial budget is $120,000.00 per annum. On October 4, he attended the Cancer Society vigil for Breast Cancer at Charles Hoey, VC Memorial Park. On October 10, he attended the Duncan Business Improvement Area Society renewal of their mandate meeting. On October 10, he attended the FutureCorp AGM. On October 12, he attended the Christian Reform Church 50 Years of Service Celebration. On October 13, he attended the St. Edward's Church Centennial Celebration. He asked members of Council to review the material in the Councillors' Lounge regarding the Natural Gas Strategy of BC Hydro. He advised that the CVRD has joined City Council in their protest against the closure of the laundry facility at the Cowichan District Hospital. On October 7, he participated in a TV program regarding the softwood lumber dispute and stressed that the position of local governments is much stronger than those of the provincial and federal governments.
	Councillor Caljouw noted that the Duncan Farmer's Market raised $3,500.00 for the Tour de Rock Cancer Research Program. As part of this endeavour, Councillors Caljouw, Jackson, Kent and Lukaitis had their heads shaved for celebrity participation. Total funds raised throughout the Cowichan Valley were $156,000.00.
	Unfinished Business
Natural Gas Strategy for Vancouver Island	For consideration were the following items: · Letter dated September 19, 2002 from the CVRD, · CVRD Board Resolution from October 9, 2002, · CVRD Board Resolution from September 11, 2002, · CVRD Board Resolution from August 28, 2002, · Letter dated September 19, 2002 and September 16, 2002 resolution from the Town of Ladysmith.
	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT the Council of the City of Duncan not support items 1 & 4 of the August 20, 2002 recommendations of the Round Table on the Environment; AND THAT Council support only recommendations 2 & 3 in this regard. Carried. Councillor Kent dissenting.
Cowichan Community Centre "E" Class Liquor License	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the letters dated September 26 and October 9, 2002 to and from the Ministry of Public Safety and Solicitor General, regarding the Cowichan Community Centre "E" Class Liquor License application, be received, the contents noted and filed. Carried.
Policing Costs	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the letter dated October 8, 2002 from the Union of BC Municipalities and the memo dated September 9, 2002 from the City Treasurer, regarding policing costs options, be received, the contents noted and filed. Carried.
	Mayor Coleman requested that this subject be placed on the next Council meeting agenda under "Unfinished Business".
Financial Assistance Grants Policy	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT the proposed Financial Assistance Grants Policy be referred to the Finance Committee for recommendation. Carried.
Native Court Worker Funding	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT the letters dated July 26 and October 2, 2002 to and from the Ministry of Public Safety and Solicitor General, regarding Native Court Worker funding, be received, the contents noted and filed. Carried.
Coin-Controlled Shopping Carts	For consideration were the following items: Memos dated September 26 & 30, 2002 to and from the Public Works Superintendent, Various other correspondence; No replies were received from Safeway or Wal-Mart; Overwaitea now has coin-controlled shopping carts. Note: The Public Works Superintendent says the volume of abandoned shopping carts has significantly decreased.
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the subject of shopping carts being abandoned throughout the community be referred to the Public Works Committee; AND THAT a representative of the Cowichan Tribes be invited to attend this meeting. Carried.
Unsightly Premises – 439 Chesterfield Avenue	For consideration were the following items: Memos dated September 26 to and from the Building Inspector, Letter dated September 25, 2002 to the Registered Owner of 439 Chesterfield Avenue, Pictures taken September 25, 2002 at 439 Chesterfield Avenue.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT if cleanup work at 439 Chesterfield Avenue has not occurred by the end of the current 21-day notice period, action be taken quickly by the Administration to have the property cleaned up and to add the cost to the property tax account. Carried.
	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the Planning & Priorities Committee be requested to review the Unsightly & Untidy Premises Bylaw and provide recommendations to Council if warranted. Carried.
Land Lease Agreement – Cynthia Izard	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT Council authorize the renewal of the Land Lease Agreement with Cynthia Izard of 760 Castle Street for a small portion of McAdam Park. Carried. Mayor Coleman noted a few technical errors in the Agreement, which have been modified, and Council requested that a clause be inserted that the lease not be registered.
	Bylaws
Sales of Property Reserve Fund Expenditure Bylaw No. 1936, 2002 (Duncan City Square)	Movd. Councillor M. Caljouw Secd. Councillor M. Lukaitis THAT Council give leave to Councillor P. Kent to introduce "Sales of Property Reserve Fund Expenditure Bylaw No. 1936, 2002" (Duncan City Square). Carried.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT "Sales of Property Reserve Fund Expenditure Bylaw No. 1936, 2002" (Duncan City Square) be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Sales of Property Reserve Fund Expenditure Bylaw No. 1936, 2002" (Duncan City Square) be read for the second time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT "Sales of Property Reserve Fund Expenditure Bylaw No. 1936, 2002" (Duncan City Square) be read for the third time. Carried.
Parking Reserve Fund Expenditure Bylaw No. 1937, 2002 (Duncan City Square Parking Lot and Traffic Circulation/Park-ing Study – Downtown Core)	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT Council give leave to Councillor K. Newcomb to introduce "Parking Reserve Fund Expenditure Bylaw No. 1937, 2002" (Duncan City Square Parking Lot and Traffic Circulation/Parking Study – Downtown Core). Carried.
	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT "Parking Reserve Fund Expenditure Bylaw No. 1937, 2002" (Duncan City Square Parking Lot and Traffic Circulation/Parking Study – Downtown Core) be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT "Parking Reserve Fund Expenditure Bylaw No. 1937, 2002" (Duncan City Square Parking Lot and Traffic Circulation/Parking Study – Downtown Core) be read for the second time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT "Parking Reserve Fund Expenditure Bylaw No. 1937, 2002" (Duncan City Square Parking Lot and Traffic Circulation/Parking Study – Downtown Core) be read for the third time. Carried.
Equipment Replace -ment Reserve Fund Expenditure Bylaw No. 1938, 2002 (Fire Fighting Equipment and Christmas Decorations)	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT Council give leave to Councillor M. Lukaitis to introduce "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1938, 2002" (Fire Fighting Equipment and Christmas Decorations). Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor K. Newcomb THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1938, 2002" (Fire Fighting Equipment and Christmas Decorations) be read for the first time. Carried.
	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1938, 2002" (Fire Fighting Equipment and Christmas Decorations) be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1938, 2002" (Fire Fighting Equipment and Christmas Decorations) be read for the third time. Carried.
Business Improvement Area "Fringe" Bylaw 2002 No. 1939	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT the October 10, 2002 letter from the Duncan Business Improvement Area Society, regarding renewal of their mandate for the next 5 years, be received, the contents noted and filed. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT Council give leave to Councillor P. Kent to introduce "Business Improvement Area "Fringe" Bylaw 2002 No. 1939". Carried.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT "Business Improvement Area "Fringe" Bylaw 2002 No. 1939" be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor M. Lukaitis THAT "Business Improvement Area "Fringe" Bylaw 2002 No. 1939" be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Business Improvement Area "Fringe" Bylaw 2002 No. 1939" be read for the third time. Carried.
Business Improvement Area "Core" Bylaw 2002 No. 1940	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT Council give leave to Councillor M. Caljouw to introduce "Business Improvement Area "Core" Bylaw 2002 No. 1940". Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Business Improvement Area "Core" Bylaw 2002 No. 1940" be read for the first time. Carried.
	Movd. Councillor M. Lukaitis Secd. Councillor P. Kent THAT "Business Improvement Area "Core" Bylaw 2002 No. 1940" be read for the second time. Carried.
	Movd. Councillor P. Kent Secd. Councillor M. Lukaitis THAT "Business Improvement Area "Core" Bylaw 2002 No. 1940" be read for the third time. Carried.
	New Business
2002 Christmas Holidays – December 27	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT Council authorize the closure of City Hall on December 27, 2002 (Friday) subject to all inside employees using one(1) of their vacation days on this date. Carried. Comments 1. Christmas Day 2002 is on Wednesday and Boxing Day 2002 is on Thursday. 2. All inside employees have agreed to use one(1) of their vacation days on December 27, 2002.
Special Meeting	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal, land and personnel 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 8:30 p.m., City Council resolved into Special Meeting.
	At 8:54 p.m., the following Motion was PUT:
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT the Special Meeting of City Council rise and report to City Council Carried.
St. Andrew's Presbyterian Church – Public Access	Movd. Councillor M. Lukaitis Secd. Councillor M. Caljouw THAT the October 1, 2002 letter from St. Andrew's Presbyterian Church, wherein they indicate that they would provide for public pedestrian access through the amalgamated property where their new church is to be built, be received, the contents noted and filed. Carried.
Adjournment	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT this meeting of City Council do now adjourn. Carried. At 8:55 p.m., the meeting adjourned.
	Michael Coleman Mayor Paul Douville City Administrator