A Fire Committee Meeting was held in the Councillors’ Lounge, = City Hall, 200 Craig Street, Duncan, B

	The Regular Meeting of City Council was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC at 7:30 p.m., November 8, 2004. = ; Present: Mayor Michael Coleman; Councillors Mike Caljouw, Jenny Farka= s, Phil Kent, Geoff Maxwell and Ken Newcomb. Absent With<= o:p> Prior Notice= : Councillor Sharon Jackson. <= /o:p> Also Present: Paul Douville, City Administrator.
	His Worshi= p Mayor Michael Coleman opened the Council Meeting w= ith a prayer and called for order. = ;
	Approval of Agenda<= /u>
Agenda	Movd. Coun= cillor G. Maxwell Secd. Coun= cillor M. Caljouw THAT the Agenda for the November 8, 2004 Regular Council Meeting be approved.<= o:p> Carried. = ;
	Adoption of Minutes = ;
Minutes	Movd. Councillor K. Newcomb<= /span> Secd. Councillor P. Kent &= nbsp; THAT the Minutes of the Regular Meeting of City Council held on October 25, 20= 04 be adopted. Carried. = ;
	Public & Statutory Hearings
751 Trunk Road – Development Variance Permit	Mayor Coleman advised that the purpose of this Public Hearing was= for members of Council to hear all input regarding the proposed Development Variance Permits for 751= Trunk Road and 130 McKinstry Road and consider a= ll facts presented. He asked the City Administrator whether all legal advertising and notifications were duly fulfilled for the subject matters before this public hearing and was advised that the requirements of the L= ocal Government Act and Community Charter were fully met. It was not= ed that there were no letters received for or against the proposed Development Variance Permit for 751 = Trunk Road and no one was present to address Counc= il on the issue. Movd. Councillor P. Kent Secd. Councillor M. Caljouw<= /span> THAT Council authorize the issuance of the Development Variance Permit for 751 Trunk Road (Legal Description: Lot 1, Section 17, Range 7, Plan 13024, Quamichan District PID 004-698-045), to permit the detached carport (with= the new front addition) setback to be 5.04 metres (16.5’) rather than t= he Zoning Bylaw front-yard setback for accessory buildings of 17.5 metres (57.4’) subject to: The owner dedicating a 1.45 metre (4.76’) wide strip of property along the Trunk Road side of the property for the existing public sidewalk with the City paying the c= osts of the survey and registration in the Victoria Land Titles Office. <= span style=3D'mso-list:Ignore'>2.= The carport being finished with mater= ials and colours to match the existing house on the property.= = Carried.
130 McKinstry Road – Development Variance Permit	It was noted that there were no lette= rs received for or against the proposed Development Variance Permit for 130 McKinstry Road and no one was present to address Council on the issue.= Movd. Councillor K. Newcomb Secd. Councillor G. Maxwell THAT Council authorize the issuance of a Development Variance Permit to permit the following setback variances for 130 McKinstry Road (Rem. Lot 4, Section 16, Quamichan Distr= ict, Plan 11080 PID: 005-106-788) once proposed Lot A becomes a separate lot by way of subdivision: 1.= Exterior side-yard setback of 2.65 me= tres (8.7’) rather than 4.5 metres (14.8’) (i.e. Park Place side). 2.= Rear-yard setback of 6.15 metres (20.2’) rather than 7.5 metres (24.6’). Carried.= =
	Delegations=
RCMP Inspector Linton Robinson	In attendance to present the North Cowichan/ Duncan RCMP Detachment 3^{rd Quarter Crime Report was Inspector Linton Robinson.} Inspector Robinson outlined the followi= ng statistics for August – October 2003/2004:
		2003	2004
	Assault	&= nbsp; 127	&= nbsp; 142
	Break and Enters
	Residential	&= nbsp; 28	&= nbsp; 44
	Business	&= nbsp; 73	&= nbsp; 66
	Theft Motor Vehicles<= /p>	&= nbsp; &= nbsp; 32	&= nbsp; &= nbsp; 35
	Theft Under $5,000	&= nbsp; 273	&= nbsp; 383
	Drug Offences	&= nbsp; 29	&= nbsp; 37

	Regarding Organized Crime, Inspector Robinson advised that they have investigated 60 Marijuana indoor grow operations and have laid charges in 15 cases. He said that the number of = grow operations discovered are only 10% of what actually exists (i.e. approxim= ately 600 in the Cowichan region). He said that the network includes all of the operations from gardeners to exporters. He noted that gardeners have much more sophisticated equipment for the production of high-grade marijuana a= nd also have sophisticated surveillance protection equipment. The RCMP are working hard to insist on legislation which will allow the RCMP to seize = and sell all assets of criminal activities. As an aside, the Inspector noted = that 6 of the growers charged have assets in excess of $500,000. On a positive note, he noted that firearms recently stolen from a residence in the Cowichan Valley have been found in Nanaimo and the lower mainland. Regarding the Manpower Establishment, t= he Inspector advised that they may be getting additional funding for two (2) more provincial constables. The workload statistics for all members are dramatic and are on the increase. Regarding Victim Services, there statis= tics for the last quarter are as follows:
	&= nbsp; 2003	&= nbsp; 2004
	July &n= bsp; 265 Aug &nb= sp; 308 Sept &n= bsp; 332	July &n= bsp; 509 Aug &nb= sp; 519 Sept &n= bsp; 541
	The Victim Services Unit has assisted w= ith a higher volume of attempted suicides, suicides and next of kin notificat= ions. Regarding the Community Policing Progra= m, the Inspector said that the following programs are very active and are in operation: · Citizens on Patrol (COPS) · Coastal Watch (surveillance for drug trafficki= ng) · Speed Watch · Business Fan-Out Program (fraud and counterfeit bills).
	The Inspector advised that the Community Policing Program enjoyed 2965 hours of volunteer service time for July, August and September (three (3) offices: Duncan, Chemainus and Cowichan B= ay). In his closing remarks, the Inspector n= oted the following items: · The average case load for members at the Detachment are 331 and some members have caseloads of between 500 and 600= . · There has been an 18% increase in Criminal Code offences. · They could use five (5) more members. · There is a good working relationship with Crown Counsel. · The Restorative Justice System is being hotly pursued since the Courts cannot deal with the volume of crimes involved.<= o:p> · 50% of the criminal offences are due to domest= ic violence resulting in the dramatic increase in the caseload for Victim Services. · Six (6) members are trained for the DARE Progr= am. · The one (1) school liaison member services approximately 6,100 students. · Infrared technology is now legal for the detec= tion of grow operations. · Corrections Canada advises them about a= ny pedophiles that are released into the community after serving their sentences. He said they stay very vigilant in this regard and have obtain= ed restraining orders in some instances. Inspector Robinson was thanked for his presentation and he left the meeting.
	Report of Chief Administrative Officer
Administrative Report=	Mr. Douville reported on the following items: · The large Oak trees in = Charles Hoey Park have been pr= uned and Libra Tree Service did an excellent job. · Christmas decorating is in full gear and the “kick-off” celebration is scheduled for November 26, 2004.
	Unfinished Business
Private Ice Arena – Valleyview Shopping Centre	Movd. Councillor G. Maxwell= Secd. Councillor J. Farkas<= /p> THAT the letter dated October 26, 2004 from the District of North Cowichan, wherein they advise that they will not be providing a grant for the propo= sed private ice arena at the Valleyview Shopping Centre, be received, the contents noted and filed. Carried.
Boundary Restructure Study – Init= ial Steering Committee	Movd. Councillor J. Farkas<= /p> Secd. Councillor M. Caljouw= THAT as recommended by Mayor Coleman in his November 2, 2004 memorandum, Councillors Phil Kent, Geoff Maxwell and Ken Newcomb be appointed t= o the initial Steering Committee for the Boundary Restructure Study. Carried.


	Correspondence
Pedestrian Safety Month	Movd. Councillor M. Caljouw<= /span> Secd. Councillor P. Kent THAT November 2004 = be proclaimed as "Pedestrian Safety Month" in the City of Duncan as reques= ted by the Insurance Corporation of BC in their October 15, 2004 letter. Carried.
SmartGrowthBC	Movd. Councillor G. Maxwell<= /span> Secd. Councillor K. Newcomb<= /span> THAT the letter dated October 15, 2004 from SmartGowthBC, wherein they express appreciation for the membership of the City of Duncan, be received, the contents not= ed and filed. Carried.
Fraser River Salmon	Movd. Councillor P. Kent Secd. Councillor G. Maxwell<= /span> THAT the letter dated October 22, 2004 from John Cummins, M.P. – Delta-S= outh Richmond East, regarding Fraser River Salmon, be received, the contents n= oted and filed. Carried.
Restorative Justice Week	Movd. Councillor P. Kent Secd. Councillor M. Caljouw<= /span> THAT November 14 – 21, 2004 be proclaimed as "Restorative Justice Week" in the City of Du= ncan as requested by Correctional Service of Canada in their October 26, 2004 letter. Carried.
Warren Chapman - Tree Cutting Bylaw	Movd. Councillor P. Kent Secd. Councillor J. Farkas <= /span> THAT the let= ter dated November 1, 2004 from Warren Chapman, regarding a tree cutting bylaw for private property, be referred to the Parks & Recreation Committee= . Carried. =
National Child Day	Movd. Councillor G. Maxwell = Secd. Councillor K. Newcomb<= /span> THAT November 20, 2004 be proclaimed as "National Child Day" = in the City of Duncan as requested by the Society for Children and Youth of BC in their Novembe= r 1, 2004 letter. Carried.
Remembrance Day Sound System - Sponsor<= o:p>	Movd. Councillor P. Kent Secd. Councillor M. Caljouw<= /span> &= nbsp; THAT the letter dated November 4, 2004 from Lockhart Industries (Duncan) Ltd., wherein they advise that they wish to sponsor the sound system for the November 11, 2004 Remembrance Day services ($500.00 donation), be receive= d, the contents noted and filed with enthusiastic appreciation. Carried.

	Reports of Committees, COTW & Commissions
	Public Works Committee &nbs= p;
	For consideration were the notes of the November 1, 2004 meeting.
Disabled Persons Parking Stall – 160 Jubilee S= treet (SilverFern Doctors’ Clinic)	Movd. Councillor G. Maxwell<= /span> Secd. Councillor M. Caljouw<= /span> THAT a Disabled Per= sons Parking Stall be created on the east side of Jubilee Street north of the driveway of 160 Jubilee Street as requested by the Silver Fern DoctorR= 17;s Clinic in their October 18, 2004 letter. Carried.
	Communications Committee
	For consideration were the notes of the November 1, 2004 meeting.
2005 Official Cowichan Region Visitors’ Guide<= /p>	Movd. Councillor J. Farkas Secd. Councillor K. Newcomb<= /span> THAT Council accept the October 26, 2004 proposal from Chameleon Design & Communications (Dale Letourneau) to provide a camera ready advertisement for the back cover of the 2005 Official Cowichan Region Vis= itor Guide to a maximum of $1,500.00= . Carried.
	General Purposes Committee
	For consideration were the notes of the November 1, = 2004 meeting.
JUB Capacity Units – Cowichan Tribes	Movd. Councillor M. Caljouw Secd. Councillor P. Kent THAT as recommended by the Joint Utilities Board, the District of North Cowich= an sell 133 capacity units and the City sell 67 capacity units to the Cowich= an Tribes; AND THAT the sale price be $800.00 per unit. Carried.
Regional District Action Plan	Movd. Councillor P. Kent Secd. Councillor K. Newcomb THAT the C= ouncil of the City of Duncan support the UBCM proceeding with development of the Regional District Act= ion Plan Toolkit; &= nbsp; AND THAT Council request the UBCM to consider us for input on the discuss= ion guides. Carried.




	Advisory Planning Committee
APC Appointments	For consideration were the notes of the November 3, = 2004 meeting. Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT as recommended by the Advisory Planning Commission, the following current members of the Commission be reappointed for a further and final third two-year term effective November 15, 2004: Rob Conway Jeffrey Downie Tracey King Kate Miller Dinah O’Keefe Jim Roome Mark Turner. Carried.
Miscellaneous	Councillor Kent reported on the November 4, 2004 Open House regarding the Urban Design Guidelines for the downtown area and the Trans Canada Highway corridor. He advised that the presentation to industry representatives, realtors, substantial property owners and others from 4:00 p.m. to 6:00 p.m. was attended by approximately 35 people. The public session from 7:00 p.m. to 9:00 p.m. was attended by approximately 50 people. He noted that this was= an excellent turnout and that Council appreciates having feedback regarding = the two (2) reports. He also advised that extra copies of the reports can be signed-out at City Hall for study purposes. Public input will be received until November 19, 2004.
	Mayor Coleman reported on the following items: On October 28, he participated in the official opening of the Cowichan Centre for the Arts. October 29, he participated in the Cowichan United Way Gala noting that they= are ahead of target for their current fundraising campaign. October 31, he officiated at the Royal Canadian Legion Flag Raising Ceremony= for the start of Remembrance Day activities week. He noted that a stamp in honour of Major Charles Hoey, VC will be unvei= led at the Legion at 11:00 a.m. on November 10. He encouraged everyone to participate in the November 11 Remembrance Day ceremonies at the cenotaph at Charles Hoey Park.


	Councillor Maxwell advised that he enjoyed participa= ting in the recent Chamber of Commerce Annual General Meeting.

	Bylaws
Water Regulations Bylaw No. 1167, 1977, Amendment by= law No. 1979, 2004 (Rates Increased)	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT the memo dated October 14, 2004 from the City Treasurer, regarding 2005 W= ater & Sewer Rates, be received, the contents noted and filed. Carried. Movd. Councillor J. Farkas Secd. Councillor K. Newcomb THAT Council give leave to Councillor P. Kent to introduce "Water Regulations Bylaw N= o. 1167, 1977, Amendment Bylaw No. 1979, 2004". Carried.
	Movd. Councillor P. Kent Secd. Councillor G. Maxwell THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1979, 2004" be read for the first time. Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1979, 2004" be read for the second time. = Carried.
	Movd. Councillor G. Maxwell Movd. Councillor P. Kent THAT "Water Regulations Bylaw No. 1167, 1977, Amendment Bylaw No. 1979, 2004" be read for the third time. Carried.
Fees and C= harges Bylaw No 1759, 1995, Amendment Bylaw No. 1980, 2004 (Sewer Rates Increase= d)	Movd. Councillor P. Kent Secd. Councillor J. Farkas THAT Council give leave to Councillor G. Maxwell to introduce “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1980, 2004”. Carried.
= ;	Movd. Councillor G. Maxwell Secd. Councillor K. Newcomb THAT “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1980, 2004” be read for the first time. Carried.
= ;
= ;
= ;	Movd. Councillor K. Newcomb Secd. Councillor M. Caljouw THAT “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1980, 2004” be read for the second time. = Carried. =
= ;	Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT “Fees and Charges Bylaw No. 1759, 1995, Amendment Bylaw No. 1980, 2004” be read for the third time. Carried. =
Zoning Byl= aw No. 1540, 1988, Amendment Bylaw No. 2 No. 1981, 2004 (RM-1 Zone Amendments)	Movd. Councillor G. Maxwell Secd. Councillor P. Kent THAT Council give leave to Councillor M. Caljouw to introduce “Zoning By= law No. 1540, 1988, Amendment Bylaw No. 3, No. 1981, 2004". Carried.
	Movd. Councillor M. Caljouw Secd. Councillor K. Newcomb &n= bsp; THAT "Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 3, No. 1981, 2004" be read for the first time. Carried.
	Movd. Councillor G. Maxell Secd. Councillor P. Kent THAT "Zoning Bylaw No. 1540, 1988, Amendment Bylaw No. 3, No. 1981, 2004" be read for the second time. Carried. =
= ;	New Business
Vancouver Island Conference Centre	Mayor Coleman advised that on October 27, 2004 he at= tended a presentation hosted by the Nanaimo Council for invited representatives = from Duncan, North Cowichan and Lake Cowichan to showcase Nanaimo’s proposed Vancouver Island Conference Centre. Movd. Councillor M. Caljouw Secd. Councillor G. Maxwell THAT the Council of the City of Duncan ratify the October 27, 2004 letter from Mayor Coleman to the Mayor of Nanaimo, wherein he supports the proposed Vancouver Island Conference Centre in Nanaimo wholeheartedly. Carried.
Special Council Meeting	Movd. Councillor G. Maxwell = Secd. Councillor K. Newcomb<= /span> &= nbsp; 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).<= o:p> Carried.
	At 8:40 p.m., City Council resolved into Special Meeting. At 9:30 p.m., the following motion was = put:
	Movd. Coun= cillor M. Caljouw Secd. Coun= cillor G. Maxwell THAT the Special Meeting of City Council rise and report to City Council.= Carried.
Director of Financial Administration	Movd. Coun= cillor G. Maxwell Secd. Coun= cillor J. Farkas THAT the Mayor & Council of the City of Duncan appoint PETER DE VERTEUIL to the following positions effect= ive December 6, 2004 (Monday): · Director of Financial Administration &midd= ot; &nbs= p; Deputy Chief Administrative Officer (i.e. Dep= uty City Administrator) &midd= ot; &nbs= p; Deputy Corporate Officer (i.e. Deputy Clerk)<= /span> &midd= ot; &nbs= p; Deputy Approving Officer &midd= ot; &nbs= p; Deputy Secretary - Duncan/North Cowichan Joint Utilities Board &midd= ot; &nbs= p; Deputy Secretary - Duncan/North Cowichan Pion= eer Complex Committee;<= /o:p> And That Council acknowledge receipt of = the November 3, 2004 e-mail from PETER DE VERTEUIL wherein he accepts Council's offer of the position of Director of Financial Administration; And That Council agree to the following items for Mr. de Verteuil: 2004 = Salary of $70,000.00 noting that Council will be retaining a Consultant to develop a pay and pay raise schedule for senior non-union staff prio= r to the end of 2004 for completion of a recommendation within three (3) months, that this salary will not be reduced and subsequent increases will be on this $70,000.00 base. Six (= 6) months probationary period 2005 Holidays of four (4) weeks and commencing in 2006, he be granted one (1) additional working day of vacation with pay for each additio= nal year of service to a maximum of fifteen (15) such additional days (has a holiday pre-planned for March 14 -= April 1, 2005 (15 days). Payme= nt of CGA related dues, annual tuition or course fees in accordance with t= he current "Training Program Policy & Procedures&quo= t; under "City Directed Training"&= nbsp;(Maximum of $2,770.00 for 2005 ($550 Tuition + $920 DF2 + $565 + $735 PA1) Payme= nt of membership dues in the Local Government Management Association, the Vancouver Island Local Government Management Association and the Government Finance Officers Association of BC. (current practice) Time = spent after regular working hours at Council directed Committee and other Meetings will be banked at straight time and taken only as time off. This time off in lieu of overtime will not be taken in bl= ocks greater that two (2) days. Appli= cation of the benefits outlined in the current Collective Agreement with CU= PE Local 358. Carried. = ;
Community Advisory Committee=	Movd. Coun= cillor P. Kent Secd. Coun= cillor M. Caljouw THAT Councillor Jenny Farkas represent the City of Duncan on the Norske Canada Community Advisory Committee. Carried. = ;
Adjournment	Movd. Coun= cillor K. Newcomb Secd. Coun= cillor P. Kent THAT this meeting of City Council do now adjourn. Carried. = ; The meeting adjourned at 9:33 p.m. = ; = ;
	= ; &n= bsp; = ; = = ; &n= bsp; = ; <= /o:p>
	Michael Coleman Mayor = ; &n= bsp; = ; = Paul Douville City Administrator<= /p>

Correspondence