The Regular Meeting of City Council was held in the Council Chamber, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., November 24, 2003. Present: Mayor Michael Coleman; Councillors Mike Caljouw, Jenny Farkas, Phil Kent, Geoff Maxwell and Ken Newcomb. Absent: Councillor Sharon Jackson. 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 K. Newcomb THAT the minutes of the November 10, 2003 Regular Council meeting be adopted. Carried.
	Delegations:
Brant Weninger – Old Duncan Garage Heritage Restoration	In recognition of the excellent and professional heritage restoration work performed on the old Duncan Garage on Duncan Street, Brant Weninger was presented with a framed print of "Cowichan – The First Arising". Mayor Coleman expressed appreciation for this project in downtown Duncan and Mr. Weninger thanked the City officials for their cooperation in this endeavour. Mr. Weninger then left the meeting.
Terri Dame – Women's Safer Futures Program	Representing the Women's Safer Futures Program/Cowichan Women Against Violence Society, Terri Dame addressed Council. She said that regionally, they are currently involved in the "Neighbourhood Links; Regional Health and Safety Project", Provincially in the "Women and Community Safety: An Integrated Strategy Project" and Federally in the Federation of Canadian Municipalities: "Increasing Women's Participation in Municipal Processes Project". Ms. Dame indicated that Duncan is 1 of 6 communities across Canada being surveyed for the Federation of Canadian Municipalities project. The project is being coordinated by the International Centre for Women's Development in Local Government. Participants in this project will be part of the implementation process and the report to the FCM is scheduled for May 2004. Ms. Dame requested that City Hall be slated as a drop-off location for the survey regarding increasing women's participation in municipal processes, which will be widely distributed. Ms. Dame was thanked for her presentation and she left the meeting.
Film Cowichan – Regional Economic Development Commission	Mr. Geoff Millar, the Manager of the Regional Economic Development Commission, introduced Louise McMurray, the project leader for the Film Cowichan project.
	With the use of a power-point presentation, Ms. McMurray outlined the following information: · Film Cowichan is a long-term initiative of the Regional Economic Development Commission with a goal of developing the film industry in the Cowichan region by attracting film, movies and commercial productions to the region. · The Film Cowichan office is now established to manage a Human Resources Development Canada - Job Creation Program and other film projects. · Under the marketing initiative, one of the major strategies is the development of the Film Cowichan location file library. · Each file is also documented with maps, compass coordinates and directions. · Through an HRDC sponsored job creation program, they are training four community relations assistants on how to create location files. · They are also developing the Film Cowichan Website and the Film Cowichan Business Directory. · Film Cowichan works closely with the Victoria Film Commission, the BC Film Commission, and the Vancouver Island Film Association to market our region through their databases and marketing resources. · In addition to location enquiries, the Film Cowichan offices gets calls for extras, actors, set designers, gaffers and assistance with locating certain items. · They are also focusing on the building of a strong infrastructure to support film activities in the region. · They will also have contact information for set designers, writers, animal trainers, hairdressers, heavy equipment rentals and studio space. · Over the past few months, Film Cowichan and the Economic Development Commission have helped attract and facilitate over $1.7 million worth of productions in the Cowichan region. Ms. McMurry requested a letter of support from City Council in this regard.
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT the Council of the City of Duncan strongly endorse "in principle" all of the endeavours of the Film Cowichan initiative of the Regional Economic Development Commission; AND THAT when requested to do so, City Council advise that they are prepared to appoint a staff resource person to assist with the Film Cowichan initiative. Carried.
Downtown Duncan Farmers' Market Society	For consideration were e-mails dated November 21, 2003 from and to Steve Miller, the recently elected President of the Downtown Duncan Farmers' Market Society. Mr. Miller was in attendance to address Council. Mr. Miller advised that the entire Board of Directors except one person was present at this Council meeting. He said the position he intends to outline regarding the location of the Farmers' Market is that of the entire Board of Directors. He advised that since early 2002, the Farmers' Market has been located near the downtown core and they have spent approximately $40,000 on marketing this endeavour. He said that 2003 saw a very vibrant Farmers' Market operated year-round and expanded into the City Square. Their intention is to carry on in the same vein in 2004. In response to negotiations with the City Agent, the Duncan Business Improvement Area Society, Mr. Miller said that the Market Society needs stability and a reasonable cost structure under which to operate. He noted that they currently have a 5-year lease for the parking lot north of the Train Station (currently paying $100.00 per week) and for the City Square (currently paying $50.00 per week). He expressed concern regarding a November 7, 2003 letter from the DBIAS indicating that a new lease must be signed by November 21, 2003 for only the City Square and Craig Street with a six-fold increase in rent. Members of Council expressed their view that it was always the intention for the Farmers' Market to be located in the City Square once the Square was fully operational. With the use of the parking lot, the City Square has not been fully utilized. It was pointed out that there is a "notwithstanding clause" in the lease permitting Council to change provisions of the lease if they deemed it appropriate. It was noted that there is room for 65 vendors in the Square, Lois Lane and the Winery Mews and 35 more on Craig Street. Mr. Miller said that the Winery Mews is unusable since it is only 11 feet wide and their tents are 10 feet by 10 feet. Mr. Millar said they do not want to leave the parking lot immediately and wish to work out a transition plan. He also advised that they have a legal opinion stating that the City does not have the authority to evict them from the parking lot. He noted that at their peak in 2003, they had 86 vendors, most of which were located in the parking lot. 35 vendors operated out of the City Square at this time. A brief discussion ensued regarding parking problems created by the vendors themselves when they did not park their vehicles in the north parking lot or on the north leg of Duncan Street. Mr. Miller suggested that Council closely consider the differences in lost parking between the parking lot and the parking available in the City Square and on Craig Street. He suggested that there was not a significant difference. It was pointed out that the DDFMS currently pays $150.00 for both locations and the proposal from the DBIAS is that they pay $300.00 per week. This is a two-fold increase rather than their suggested six-fold increase. It was stressed that City Council wants to continue to encourage a vibrant Farmers' Market in the downtown core and requested that negotiations continue between the DDFMS and the DBIAS. Mr. Miller agreed that negotiations must take place in good faith. Mr. Miller was thanked for his presentation and the majority of the DDFMS representatives remained for the balance of the meeting.
	Communications
City of Coquitlam - Age of Consent	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the letter dated October 14, 2003 from the City of Coquitlam, regarding the age of consent, be received, the contents noted and filed. Carried.
Municipal Pension Retirees Association - Group Health Benefits	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the letter dated November 3, 2003 from the Municipal Pension Retirees Association (MPRA), regarding Group Health Benefits, be received, the contents noted and filed. Carried.
February – Heart Month	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT the Council of the City of Duncan proclaim February 2004 as "Heart Month" in the City of Duncan as requested in the November 5, 2003 letter from the Cowichan Valley Unit of the Heart and Stroke Foundation of BC & Yukon; AND THAT the Foundation be authorized to display their "February is Heart Month" banner from the banner poles south of the Cowichan River on the east-side of the Trans Canada Highway for February 1 – 29, 2004 and conduct door-to-door canvassing during the month; AND THAT Members of Council make every effort to participate in the "Heart Month" fund-raising events. Carried.
Volunteer Cowichan - Wheelchair Accessibility	Movd. Councillor P. Kent Secd. Councillor J. Farkas THAT the Council of the City of Duncan endorse "In Principle" the concept of making the Volunteer Cowichan offices in City Hall wheelchair accessible as outlined in the November 5, 2003 letter from Volunteer Cowichan, noting that funding sources other than the City of Duncan may be available for this project. Carried.
BC Transit - 2004 International Youth Summit on Sustainable Urban Transportation	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT the letter dated November 10, 2003 from BC Transit, regarding the 2004 International Youth Summit on Sustainable Urban Transportation, be received, the contents noted and filed; AND THAT copies of the letter from BC Transit be forwarded to the Principals of Cowichan Secondary School, Kelsey Secondary School and Malaspina University-College. Carried.
Banner Request – Ballet Victoria	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT the Council of the City of Duncan authorize the display of the Ballet Victoria Banner from the banner poles south of the Cowichan River on the east-side of the Trans Canada Highway from January 16 – 30, 2004 as requested in the November 6, 2003 e-mail from the General Manager of Ballet Victoria. Carried.
Downtown Duncan Christmas Kick-Off 2003	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT Council authorize the street closures and other items requested in the November 7, 2003 letter from the Duncan Business Improvement Area Society (DBIAS) regarding the November 28, 2003 "Downtown Duncan Christmas Kick-Off 2003"; AND THAT copies of this correspondence be forwarded to the Public Works Superintendent, Fire Chief, Commissionaires and Janitors requesting they follow-through as outlined; AND THAT the DBIAS be requested to have a litter pick-up crew working during and following the events noting that the Public Works Department will do a major clean-up with the mechanical street sweeper, will empty the permanent garbage receptacles throughout the downtown core and will remove the temporarily sited garbage receptacles on Saturday morning November 29, 2003. Carried.
FCM - Increasing Women's Participation in Municipal Processes Project	Movd. Councillor K. Newcomb Secd. Councillor J. Farkas THAT the letter dated November 12, 2003 from the Cowichan Women Against Violence Society regarding the Federation of Canadian Municipalities (FCM) project entitled "Increased Women's Participation in the Municipal Processes", be received, the contents noted and filed. Carried. As requested, Councillor Farkas was endorsed to represent City Council in working with the Society on this project.
Social Development in the Cowichan Valley	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the letter dated November 12, 2003 from Social Planning Cowichan, regarding social development in the Cowichan Valley, be received, the contents noted and filed. Carried.
Significant Projects Streamlining Act – Bill 75	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT the memos dated November 7 & 19, 2003 from the Union of BC Municipalities and the Association of Vancouver Island and Coastal Communities, regarding the Significant Project Streamlining Act (Bill 75), be received, the contents noted and filed. Carried. It was noted that Section 874 of the Local Government Act permits the Provincial Government to override local government authority.
	Reports of Standing Committees
	Planning & Priorities Committee
TCH Corridor	Councillor Kent reported on the November 20, 2003 meeting regarding the commencement of a planning process for the Trans Canada Highway corridor in and near the City of Duncan. Representatives of the Ministry of Transportation, CVRD, the District of North Cowichan, the City of Duncan and Cowichan Tribes participated in this meeting. The Minister of Transportation, the Honourable Judith Reid, has committed to provide financial and staff expertise for this endeavour. The direction intended is to address immediate, interim and long-term issues and development goals and solutions. The consensus of the meeting was to strike a Working Committee of Staff Members and a Steering Committee of Elected Officials.
	Parks & Recreation Committee
	For consideration were the notes of the November 17, 2003 Parks & Recreation Committee meeting.
Downtown Duncan Farmers' Market Society – Lease Renewal	Movd. Councillor G. Maxwell Secd. Councillor M. Caljouw THAT pursuant to Section 13 of the current lease with the Downtown Duncan Farmers' Market Society, the Council of the City of Duncan advise the Society that they wish to have the new lease apply primarily for the City Square and Craig Street between Station and Ingram Streets (Craig Street between Kenneth and Ingram Street would be utilized first and Craig Street between Station and Kenneth Streets would be utilized later as demand warrants). Amendment Movd. Councillor J. Farkas Amendment Movd by Councillor K. Newcomb THAT the resolution end after the words "City Square". LOST. Councillors Farkas and Newcomb voting in favour. The Main Motion was then PUT and CARRIED. Councillor Farkas dissenting.
	Reports of Special Committees
TCH Corridor Steering and Working Committees	For consideration was a letter dated November 21, 2003 from the City Administrator. Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT Councillor Phil Kent be appointed to the Trans Canada Highway Corridor Steering Committee; AND THAT the City Administrator be requested to appoint a representative to the TCH Working Committee. Carried.
Miscellaneous	Mayor Coleman reported on the following items: · Regarding the vandalism that occurred to the Cenotaph on the early morning of November 11, 2003, he commended the public works crew for their quick thinking and action in camouflaging the vandalism (i.e. 8 upside down red crosses). The Public Works crew hid the vandalism with gray paint. Few people noticed this terrible defacing of the Cenotaph and it was noted that there was a very substantial turnout of the public for the ceremony. · On November 17, he met with the Directors of the Tourism Association of Vancouver Island who were staging their Board meeting in Duncan. · On November 22, he and Councillor Newcomb participated in the Black Tie Awards sponsored by the Duncan-Cowichan Chamber of Commerce. He said that this endeavour greatly encourages the entrepreneurial heart of our community.
	Councillor Kent reported on the November 13, 2003 Smart Growth BC workshop held in the Council Chambers. He noted there were several new community members present at this workshop. He also noted that Council is working on many of the problematic issues highlighted at the workshop.
	Councillor Maxwell noted that in 2004, the Duncan-Cowichan Summer Festival Society will be celebrating the 25^th Anniversary of the Society. They will be corresponding with City Council in this regard in the near future.
	Bylaws
Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003 (Public Works Equipment and Totem Poles Purchase)	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT Council give leave to Councillor G. Maxwell to introduce "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003". Carried.
	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003" be read for the first time. Carried.
	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003" be read for the second time. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT "Equipment Replacement Reserve Fund Expenditure Bylaw No. 1959, 2003" be read for the third time. Carried.
Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT the memo dated November 10, 2003 from the City Treasurer, regarding water usage rate, be received, the contents noted and filed. Carried. Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT Council give leave to Councillor M. Caljouw to introduce "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003". Carried.
	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003" be read for the first time. Carried.
	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003" be read for the second time. Carried.
	Movd. Councillor P. Kent Secd. Councillor M. Caljouw THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1958, 2003" be read for the third time. Carried.
Business License Bylaw No. 1960, 2003	Movd. Councillor G. Maxwell Secd. Councillor J. Farkas THAT Council give leave to Councillor P. Kent to introduce "Business License Bylaw No. 1960, 2003". Carried.
	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT "Business License Bylaw No. 1960, 2003" be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Business License Bylaw No. 1960, 2003" be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Business License Bylaw No. 1960, 2003" be read for the third time. Carried.
Fees & Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003 (Business Licenses)	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT Council give leave to Councillor J. Farkas to introduce “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003". Carried.
	Movd. Councillor J. Farkas Secd. Councillor G. Maxwell THAT "Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003" be read for the first time. Carried.
	Movd. Councillor K. Newcomb Secd. Councillor P. Kent THAT "Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003" be read for the second time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor J. Farkas THAT "Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1961, 2003" be read for the third time. Carried.
Special Council Meeting	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT the Council of the City of Duncan resolve into Special Meeting (Committee of the Whole) to discuss legal, personnel and negotiation 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 9:20 p.m., City Council resolved into Special Meeting. At 10:10 p.m., the following Motion was Put:
	Movd. Councillor P. Kent Secd. Councillor M. Caljouw 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