The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., July 14, 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 June 23, 2003 Regular Council meeting be adopted. Carried.
	Communications
Duncan United Church – Harvest Fest	For consideration was a letter dated June 6, 2003 from the Duncan United Church. Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT Council authorize the Duncan United Church to stage a Harvest Fair on Ingram Street on October 4, 2003 (Saturday); AND THAT Ingram Street between Jubilee Street and the westerly boundary of 246 Ingram Street be closed to vehicular traffic from 6:00 a.m. to 4:00 p.m. on Saturday, October 4, 2003 for this purpose subject to the following terms and conditions: Duncan United Church apprising the DBIA Society and all businesses in this block of the event. Duncan United Church holding harmless the City of Duncan from any and all possible public liability claims. Provision of insurance to a minimum of $2,000,000. per occurrence for this Harvest Fair with the City of Duncan being named "An Additional Insured Third Party". Payment of a $300.00 deposit, which will be returned to the Church if the street and infrastructure are left in a clean and undamaged condition; AND THAT City barricades be provided to the organizers for this event. Carried.
Denim Pine Marketing Association	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT in response to the June 17, 2002 letter from the Denim Pine Marketing Association, the Council of the City of Duncan provide a letter of support for their funding application to the Softwood Industry Community Economic Adjustment Initiative (SICEAI); AND THAT Council decline the invitation for the City to become a member of the Association (i.e. society). Carried.
Office & Professional Employees' International Union	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the letter dated June 20, 2003 from the Office & Professional Employees' International Union, Local 378, regarding the alleged privatization and breakup of BC Hydro, be received, the contents noted and filed. Carried.
Hire a Student Promotional Event	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT as requested in the June 24, 2003 letter from the Human Resource Centre for Students, Council authorize the "Hire a Student Campout" on the lawns adjacent to the Train Station (Charles Hoey Park) on July 16, 2003 from 9:00 a.m. to 3:00 p.m. subject to: Public liability insurance coverage (i.e. minimum of $2,000,000. per occurrence, with the City of Duncan being named as "an additional insured third party"); The City being saved harmless in writing from any and all possible liability claims; Provision of a $300.00 deposit that will be returned to the Human Resource Centre for Students if the site is left in a clean and undamaged condition; The placement of tents to be done so as not to damage the sprinkler heads. Carried.
Power Smart Week	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the Council of the City of Duncan proclaim the week of July 28 – August 3, 2003 as "Power Smart Week" in the City of Duncan as requested by BC Hydro in their July 9, 2003 letter. Carried.
Flag Parade	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the memorandum dated July 4, 2003 regarding the UBCM Flag Parade at the 2003 convention be received, the contents noted and filed. Carried.
	Reports of Standing Committees
	Finance Committee
	For consideration were the notes of the July 7, 2003 meeting.
Warrant No. 6-03	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT Warrant No. 6-03 covering General Account cheque numbers 106563 – 106724 in the total amount of 1,101,512.61 - Payroll Account – Payroll #11 covering cheque numbers 2765 – 2773 and Direct Deposits in the amount of 32,531.68 - Payroll #12 covering cheque numbers 2280 – 2332, 2274 – 2779 and Direct Deposits in the amount of 543915.05 GRAND TOTAL . . . . . . 1,188,959.34 be ratified. Carried.
Revised Purchasing Policy	Movd. Councillor P. Kent Secd. Councillor S. Jackson
	THAT the Revised Purchasing Policy be adopted by City Council. Carried.
Downtown Community Police Office	For consideration was a letter dated July 4, 2003 from RCMP Inspector Linton Robinson regarding the proposed Downtown Community Police Office. Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the Council of the City of Duncan provide a 2003 grant of $1,432 to offset the property taxes on the premises to be occupied by the Downtown Community Police Office at 149 Canada Avenue; AND THAT one RCMP designated parking space be provided in front of 149 Canada Avenue and a second RCMP parking space be provided in the City parking lot behind 149 Canada Avenue. Carried.
	Public Works Committee
	For consideration were the notes of the July 7, 2003 meeting.
Inflow & Infiltration Reduction Program	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT Stantec Consulting Ltd. be authorized to proceed with the Inflow and Infiltration Reduction Program as outlined in their June 11, 2003 letter. Carried.
437 Jubilee Street – Landscaping of 10' Strips	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT in accordance with standard practices, the City request Parlad and Amrik Dhut to plant grass in the 10' strips between their fence and the public sidewalk and place landscaping rock in the area one to two feet from the cement fence at their cost; AND THAT also at their cost, Parlad and Amrik Dhut be permitted to plant high canopy trees in these 10' strips as agreed by the Public Works Superintendent subject to these trees being planted in proper tree wells and subject to them being no closer than 6 metres (20') from the corner of Evans and Jubilee. Carried.
No Right Turn on Red Light – Trunk at Coronation	For consideration was a letter dated July 11, 2003 from RCMP Inspector Linton Robinson wherein he advises that he and their professional traffic analyst, Cst. Brian Nightingale, concur with the removal of the "No Right Turn on Red Light" sign for west bound traffic on Trunk Road at Coronation Avenue. Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT Council authorize removal of the "No Right Turn on Red Light" signs for west-bound traffic on Trunk Road at Coronation Avenue; AND THAT Council request the RCMP to monitor the intersection to ensure that vehicle operators fully stop on a red light prior to turning right onto Coronation Avenue. Carried. Councillor Jackson dissenting.
Pow Wow 2003 – Banner & Bleachers	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Island Thunder Pow Wow Society be allowed to display their banner from the banner poles south of the Cowichan River from August 1 to 17, 2003 and that they also be allowed to use the bleachers subject to the following terms and conditions: 1. Provision of an irrevocable letter of credit or certified cheque for $1,000.00 to be used should damage occur to the bleachers (would revert to the Pow Wow Committee if the bleachers are returned undamaged). 2. The Public Works Superintendent being in charge of the pick-up and return of the bleachers. 3. Written agreement of Island Thunder Pow Wow Society of these terms and conditions. Carried.
	Planning & Priorities Committee
Island Savings Credit Union – 89 Evans Street – Improvements to Rear Entrance	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the Council of the City of Duncan issue a Development Permit to Island Savings Credit Union for the proposed addition and pergola at the rear of their building at 89 Evans Street. Carried.
437 Jubilee – Requested Change to Landscaping Scheme	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the owners of 437 Jubilee be advised that Council agrees in principle with their June 11, 2003 proposal to plant trees and rose bushes rather than a hedge along their north and west fences subject to their submission of a properly designed landscape layout for approval by the Building Inspector. Carried.
	Reports of Special Committees
Building Statistics Report – June 2003	Movd. Councillor G. Maxwell Secd. Councillor S. Jackson THAT the Building Statistics Report for June 2003, as prepared by the Building Inspector, be received, the contents noted and filed. Carried.
	Duncan/North Cowichan Joint Utilities Board
Proposed Federal Government Waste-Water Legislation	For consideration were the notes of the July 8, 2003 meeting of the Joint Utilities Board. Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT the Council of the City of Duncan endorse the following resolution as requested by the Canadian Water and Wastewater Association (CWWA): WHEREAS municipal governments are responsible for providing and managing wastewater collection and wastewater treatment services; AND WHEREAS municipal governments are committed to protecting water sources in the conduct of these responsibilities; AND WHEREAS municipal governments are subject to controls, regulations and sanctions of their respective provincial or territorial governments in respect of these substances and of the performance of their wastewater services; AND WHEREAS the proposed federal legislation covers substances and activities already subject to provincial or territorial control, yet impose different or additional requirements which will increase municipal operating and infrastructure costs, will result in additional legal liabilities and potential for non-compliance through confusion and complexity; AND WHEREAS the proposed federal legislation is not conditional on defined and measurable improvements in the environment; THEREFORE BE IT RESOLVED THAT the City of Duncan urges the federal government to not proceed with this legislation respecting the preparation and implementation of pollution prevention plans in respect of ammonia dissolved in water, inorganic chloramines and chlorinated wastewater effluents, and to work with the provinces and territories to establish a common standard through provincial and territorial control instruments already in place. Movd. Councillor J. Farkas Secd. Councillor K. Newcomb THAT the resolution regarding the proposed Federal Government Waste Water Legislation be referred to the next General Purposes Committee Meeting with power-to-act; AND THAT Clay Reitsma, Deputy North Cowichan Municipal Engineer be invited to attend the meeting. LOST. Councillors Jackson, Maxwell and Kent dissenting. The main motion was then PUT and CARRIED. Councillors Farkas and Newcomb dissenting.
Miscellaneous	Councillor Farkas reported on the following items: · She and Councillor Kent participated in a Heritage Round Table Meeting on June 25, 2003. She indicated a recommendation will be forthcoming to Council for a reactivation of the Heritage Advisory Committee and consideration of appointments. · On June 26, she attended the festivities hosted by the Simon Charlie Society to highlight the proposed development of the Simon Charlie property south of Duncan. Their development plans look excellent. · On July 9, she and Councillor Newcomb and Mr. Douville attended an RCMP meeting in Langford. The meeting turned out to be primarily about services offered by the RCMP and the financing and billing structure. Councillor Farkas said that we need future meetings regarding the staging and implementation of police cost financing for municipalities with populations of under 5,000 and for electoral areas.
	Councillor Kent reported on the July 5, 2003 12 Hour Relay at the Cowichan Sportsplex. He said that with the participation of the North Cowichan/Duncan Team, the whole event was very successful. There is great public support for this project.
	Councillor Newcomb reported as follows: · He said that the 12 Hour Relay raised in excess of $93,000 for the Chesterfield Sports Society. The next project planned is a lacrosse box. He also reported that Mr. Stu Pitts has decided to get on the athletic bandwagon and lose as much weight as possible over the next year. He said that pledges are being sought from far and wide on a per lost pound basis and this endeavour should produce significant funds for the society. · Regarding the July 9 RCMP meeting, Councillor Newcomb said it was important to note that local governments have the option to establish their own community police force.
	Councillor Jackson reported as follows: · She attended the Coast Salish Art Display and reception at the Duncan Museum. She referenced the many excellent pieces of Native Art that Timothy Thompson donated to the museum on behalf of his deceased mother. Councillor Jackson presented a framed print of "Cowichan – The First Arising" with a plaque from the City recognizing the Thompson family donation. · The Cowichan Tribes Pow Wow is scheduled for August 15, 16 and 17 at the Cowichan Exhibition Grounds. She said the plans are well in hand. She advised that the participation of Maori dancers from Kaikohe, New Zealand, sister city to Duncan, was still in the planning stages.
	Mayor Coleman reported on the following items: · On June 26, he attended the Federal Ministers Advisory Committee on the Softwood Industry Community Economic Adjustment Initiative (SICEAI). He said the process is proceeding well. · On June 28, he participated in the Chemainus Parade. · On July 1, he and other Members of Council participated in the Canada Day celebrations. · On July 4, he participated in the ceremony to credit local paramedics who in turn recognized a number of good Samaritans in our community. · The governance issue is still on the table with ongoing discussions occurring at the CVRD. Scheduled discussions are planned for September. · The CVRD Board has declined on the request of City Council for an appointment on the Economic Development Commission. Council will have to continue to press for an appointment. · On July 11, he participated in the Municipal Finance Authority Board Meeting. · On July 13, he participated in the Duncan/Cowichan Summer Festival Children's Day Events at the Cowichan Exhibition. He reminded everyone that the Festival activities take place in Downtown Duncan on July 18 and 19, this week.
	Unfinished Business
Cowichan Historical Society – List of Priorities	Movd. Councillor S. Jackson Secd. Councillor K. Newcomb THAT the June 30, 2003 letter from the Cowichan Historical Society, wherein they outline a wish list for the Cowichan Valley Museum, be received, the contents noted and filed with appreciation. Carried.
2003 Property Tax Collections	Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the following information outlined in the July 3, 2003 memo from the City Treasurer be received, noted and filed: "Property Taxes Levied 2003 $5,505,597 Property Taxes Collected by due date $5,113,709 Collection Rate 2003 92.9% Collection Rate 2002 92.30% Property Tax Penalty 2003 $39,188 Property Tax Penalty 2002 $41,772" Carried.
Pitney Bowes Mailing Machine	For consideration was a Request for Decision dated July 4, 2003 from the City Treasurer. Movd. Councillor P. Kent Secd. Councillor S. Jackson THAT the Pitney Bowes proposal for a DM500 mailing machine be accepted, for a total cost of $6,628.90 including taxes, and that the mailing machine be leased through the Municipal Finance Authority. Carried.
City/District of North Cowichan Water Agreement	Movd. Councillor G. Maxwell Secd. Councillor P. Kent WHEREAS the Council of the District of North Cowichan has agreed with the April 14, 2003 resolution of City Council (i.e. City to be responsible for three pressure-reducing stations in return for engineering and project supervision work being performed by North Cowichan at their cost and for providing tax exemption on City infrastructure within North Cowichan); NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Duncan authorize the Mayor and City Administrator to execute the City of Duncan/District of North Cowichan Water Agreement subject to elector approval being provided following completion of a Counter Petition in accordance with Section 334.1 of the Local Government Act as the agreement is longer than a five-year term. Carried.
Cowichan Family Life Association	For consideration was a letter dated July 8, 2003 from the Cowichan Family Life Association regarding the Cowichan & Chemainus Valley Child & Youth Committee. Movd. Councillor S. Jackson Secd. Councillor P. Kent THAT the Council of the City of Duncan correspond with the Honourable Graham Bruce, MLA - Cowichan Ladysmith, encouraging commitment to the fair-share concept under the Ministry of Child and Family Development. Carried.
	Councillor Newcomb advised that he would attend the next meeting of the Association at 3:00 p.m. on August 14, 2003 and suggest that a Member of Council may attend future meetings upon invitation.
	Bylaws
Portion of Al Wilson Grove Road Closure Bylaw 2003, No. 1956	Movd. Councillor S. Jackson Secd. Councillor G. Maxwell THAT Council give leave to Councillor Ken Newcomb to introduce “Portion of Al Wilson Grove Road Closure Bylaw 2003, No. 1956”. Carried. Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT “Portion of Al Wilson Grove Road Closure Bylaw 2003, No. 1956" be read for the first time. Carried. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT “Portion of Al Wilson Grove Road Closure Bylaw 2003, No. 1956" be read for the second time. Carried. Movd. Councillor K. Newcomb Secd. Councillor S. Jackson THAT “Portion of Al Wilson Grove Road Closure Bylaw 2003, No. 1956" be read for the third time. Carried.
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 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.
Adjournment	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT this meeting of City Council do now adjourn. Carried. At 9:00 p.m., the meeting adjourned.
	Michael Coleman Mayor Paul Douville City Administrator