The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., December 8, 2003. Present: Mayor Michael Coleman; Councillors Jenny Farkas, Sharon Jackson, Phil Kent, Geoff Maxwell and Ken Newcomb. Absent With Prior Notice: Councillor Mike Caljouw. 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 G. Maxwell Secd. Councillor S. Jackson THAT the minutes of the November 24, 2003 Regular Council meeting and the December 1, 2003 Inaugural Statutory Meeting be adopted. Carried.
	Delegations:
Green Door Society – David Coulson	Representing the Green Door Society, Chair David Coulson addressed the meeting regarding their request for property tax and heritage tax exemptions. Among other, Mr. Coulson outlined the following items: · They understand that the deadline has passed for a tax exemption for 2004 and they are aware of the provisions in the Local Government Act. · He reminded Council of the contributions that the Society and their supporters and volunteers have made to bring 126 Ingram Street to a reality. · They have raised over $400,000.00 in federal and provincial grants and volunteer expertise and in-kind materials from businesses throughout the region. · They would like Council to recognize the 10,000 ft² public garden that they are making available to the residents of the Cowichan Valley. · The commercial tenants in the building are needed on an ongoing basis. · The small offices in the building are most suitable for specialty uses. · They still wish to finish their heritage lighting, complete the wrought iron railing and reconstruct the carriage house. · They are working to correct the deficiencies recently noted by the Building Inspector. · There is a covenant on the garden portion of the property designating it for public use.
	A number of members of Council thanked the Green Door Society for their contributions to the City and to heritage development.
Green Door Society – Request for Property and Heritage Tax Exemptions	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the November 20, 2003 request from the Green Door Society for property and heritage tax exemptions be brought forward to this point in the agenda from the "New Business" section. Carried.
	Movd. Councillor P. Kent Secd. Councillor G. Maxwell WHEREAS the Green Door Society and their property at 126 Ingram Street does not comply with the tax exemption criteria stated in the Local Government Act; THEREFORE BE IT RESOLVED THAT the November 25^th, 2003 Tax Exemption request from the Green Door Society for 2004 be denied by City Council. Carried.
	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the following recommendation be referred to the Heritage Advisory Committee: ”WHEREAS Heritage Tax Exemptions can be processed to "acquire, conserve and develop heritage property" prior to projects commencing (i.e. encourage heritage conservations, not assist with operating costs of completed projects); THEREFORE BE IT RESOLVED THAT the Council of the City of Duncan not entertain a Heritage Tax Exemption for the Green Door Society property at 126 Ingram Street." Carried.
	Communications
Family Literacy Day	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT January 27, 2004 be proclaimed as "Family Literacy Day" in the City of Duncan as requested by Literacy BC in their November 21, 2003 letter. Carried.
VI Providence Community Association – Grant Request	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb WHEREAS Section 4(c) of the Grants Policy reads as follows: "Whereas the City of Duncan recognizes a large number of charitable organizations through proclamations; And Whereas the City provides recognition to charitable organizations through flying banners; And Whereas the City authorizes charitable organizations to canvass door-to-door; And Whereas the taxpayers of the City should be free to individually choose which charitable organization to which to donate; Therefore Be It Resolved That the City of Duncan not financially support individual charitable organizations." THEREFORE BE IT RESOLVED THAT the November 24, 2003 grant request from the Vancouver Island Providence Community Association for assistance in purchasing a heating system and for electrical upgrades be denied. Carried.
Valley Seniors Organization - Garbage Collection Service	Movd. Councillor P. Kent Secd. Councillor S. Jackson WHEREAS the lease between the City of Duncan and the Valley Seniors Organization (VSO) stipulates that the City is responsible for the Garbage Collection Service for the VSO property; THEREFORE BE IT RESOLVED THAT the monthly rent paid by the VSO be reduced by $123.00 on the condition that the VSO pay directly for private garbage service as outlined in their November 28, 2003 letter for the balance of this lease term. Carried. Councillor Farkas dissenting.
RCMP Community Police Office – Bottle Drive	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT Council authorize the RCMP Community Police Office to use a portion of Kenneth Street Parking Lot #1 for a bottle drive depot on Sunday, January 4, 2004 as outlined in their December 3, 2003 letter. Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT the subject of the RCMP Community Police Office bottle drive be referred to the Finance Committee with Power-to-Act. Carried. Councillor Kent dissenting.
Duncan Curling Club – Letter of Support	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Council of the City of Duncan support "in principle" the application of the Duncan Curling Club to the BC Gaming Policy and Enforcement Branch for a major capital project grant. Carried.
Simon Charlie Society – 2004 Calendars	For consideration was a letter dated December 8, 2003 from the Simon Charlie Society. Movd. Councillor S. Jackson Secd. Councillor J. Farkas THAT Council authorize the Simon Charlie Society to market their 2004 Coast Salish Art Calendars from a small display case on the front counter of City Hall. Carried.
	Reports of Standing Committees
	Budget Review Committee
	For consideration were the notes of the December 3, 2003 meeting.
Duncan/Queens and Canada/Ingram Intersections and Couplet System	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT Council authorize engineering pre-design for the signalization and realignment of the Duncan/Queens intersection, the Canada/Ingram intersection and the Duncan and Canada couplet system early in 2004. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT Council agree that all of the Capital Works for the Duncan/Queens and Canada/Ingram intersections and the Duncan and Canada couplet system be completed as one project; AND THAT the needed financing in this regard be referred to the Finance Committee for recommendation. Carried.
	Reports of Special Committees
Building Statistics Report – November 2003	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the Building Statistics Report for November 2003, as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
Miscellaneous	Councillor Jackson reported that she recently met with Tom Marek and Andrew Goudey of the Cowichan Green Community regarding the proposed Jubilee Garden. She said they have a good tentative plan along with great community support. A presentation will be made to City Council around the end of January 2004.
	Councillor Farkas reported on the recent Economic Development Commission (EDC) meeting. She advised that they dealt primarily with the 2004 budgets for the EDC and Tourism Cowichan functions. She said they are launching television ads, a website and a number of other promotional incentives.
	Councillor Kent reported on the December 4, 2003 CVRD Committee of the Whole meeting with Dr. Robert Bish. He said Dr. Bish provided much pertinent information regarding restructuring and governance reviews and local government philosophy. He said the information will be of assistance to all local government officials in the Cowichan Valley.
	Mayor Coleman reported on the following items: · On December 4, he participated in the Valley Seniors Organization Christmas function. · Also on December 4, he participated in the Malaspina University-College Donor Recognition Day activities. · Also on December 4, he attended the meeting with Dr. Robert Bish, noting discussions on mergers, amalgamations and top-down imposed situations in other jurisdictions. · He advised that he sent a letter of congratulations to Chief Harvey Alphonse on his December 4, 2003 re-election as Chief of the Cowichan Tribes Council.
	Unfinished Business
Fire Services Agreement - CVRD Electoral Area "E"	Letter dated November 18, 2003 from the Cowichan Valley Regional District. · Fire Services Agreement Between the City of Duncan and the CVRD Electoral Area"E". Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb WHEREAS the CVRD Board of Directors approved the Fire Services Agreement for Electoral Area "E" on November 12, 2003; THEREFORE BE IT RESOLVED THAT as recommended by the City Administrator, Council approve and authorize execution of the Fire Services Agreement between the City of Duncan and the Cowichan Valley Regional District for Electoral Area "E" (note: document approved by CVRD Board of Directors). Carried.
New Library Footprint – Ownership of Land	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the Council of the City of Duncan authorize officials of the Cowichan Valley Regional District (CVRD) to commence the process to subdivide the land occupied by the new Vancouver Island Regional Library building at the Cowichan Community Centre and transfer title from the City of Duncan and the District of North Cowichan to the CVRD as requested in the December 2, 2003 letter from the CVRD. Carried.
	Bylaws
Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003 (Public Works Equipment and Totem Poles Purchase)	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003" be reconsidered, finally passed and adopted. Carried.
Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003" be reconsidered, finally passed and adopted. Carried.
Business License Bylaw No. 1960, 2003	Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT "Business License Bylaw No. 1960, 2003" be reconsidered, finally passed and adopted. Carried.
Fees & Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003 (Business Licenses)	Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003" be reconsidered, finally passed and adopted. Carried.
	New Business
Court House Holdings Ltd. – Parking Lot Lease – Mortgage Refinancing	For consideration was a letter dated December 3, 2003 from Devon Properties Ltd. with a non-disturbance agreement. Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT Council authorize the Mayor and City Administrator to execute the non-disturbance agreement between the City, Court House Holdings Ltd. and HSBC Bank Canada regarding the mortgage refinancing of the Court House Complex with the tenant's interest in the parking lot lease. Carried.
Special Council Meeting	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal 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 8:15 p.m., City Council resolved into Special Meeting. At 8:45 p.m., the following Motion was Put:
	Movd. Councillor S. Jackson 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