The following submission was made at the Kensington Public Hearing on December 7, 2009 by Gerry Sando on behalf of 51 ratepayers of Union Bay.

PROTECTING OUR MOST PRECIOUS WATER RESOURCE
SUBMISSION FOR THE KENSINGTON PUBLIC HEARING - BYLAWS 56 and 57

TO: CVRD RURAL DIRECTORS: BRUCE JOLLIFFE, JIM GILLIS, EDWIN GRIEVE

We, the undersigned, are in support of development. However, we feel it is necessary at
this final juncture to appeal to your sense of fairness to ensure the community that you will
protect our water supply. These issues have been prevalent since 1996 and still continue
today. (See attached Strong Western letter dating back to 1996 -attached to original written
submission only.)

Being landowners and partners in UBID we must ensure that water - our most precious
resource - is secured and protected.

How we can protect this valued asset is through the Master Development Agreement
(MDA)?
This newly revised legal document is of the utmost importance to Union Bay taxpayer's
financial security because it is directly related to what our tax dollars will pay for. Similarly to
running our own household budgets, we will consistently ask and expect our elected officials
to ask these required questions:

– What do we have to have?

– What will it cost? and

– Can we afford it?

We protect our valued investments with insurance. The legal content of the MDA will do that for all us taxpayers in Union Bay. It will assure us that we continue to be purveyors of our
water. We have already paid our fair share of taxes and maintenance fees for our water. As ratepayers of UBID we do not want to be held responsible for paying any costs associated with increasing the water supply or infrastructure for KIP's development.
The KIP development is contingent on our water supply. It is financially prudent of us to
ensure that our water supply is not jeopardized in any manner.

We would fully support KIP's amendments, if the CVRD ensures that the revised MDA
addresses our concerns and questions with appropriate legal water agreement and sewer
provisions. The revised MDA for KIP's development must include legal provisions within its frame to protect Union Bay landowners in the following manner:

1. it must include clearly-stated wording that states that KIP will accept financial responsibility
for any increased water supply infrastructure or any required improvements to Langley Lake
for their development.

2. with regards to KIP's water treatment and sewage, the MDA must include provisions that all
RWSS water and sewer resources in the Comox Valley are owned and operated by the public
through their local governments; and

3. it must have necessary provisions to deal with the peat problem in Langley Lake.
The peat not only creates turbidity but affects the quality of our water. KIP has agreed to
provide a filtration system to meet VIHA standards. There is no recorded effort to remove the peat since the 1980s. By dredging the lake and removing the peat it would decrease costs
associated with the upkeep for the new filtration plant and also increase the water capacity of
Langley Lake.

Mr. Grieve, being in the hardware business, is well aware, I'm sure, of the problem Union Bay
residents have had for years related to water heaters. There have been many water heater
warranties that have not been honoured due to Union Bay's ongoing water peat problem.

4. KIP's sewer system provision must be included in the revised MDA.

5. We expect that any development will pay its fair share of what these Regional Water Supply Strategy (RWSS) bylaw costs will bring.

The CVRD is presently creating a Regional Water Supply Strategy (RWSS) for the Comox
Valley. Langley Lake is considered as one of the sources for regional water and options which
are being researched for this area. The RWSS time line states that by May, 2010 a water bylaw could be in place for adoption by the CVRD. By allowing KIP 's application for amendments to proceed now, we believe that KIP will benefit financially in two ways:

Firstly they may not have to wait for a RWSS/CVRD water agreement to be made into a
bylaw. Secondly by being able to strike a water agreement with UBID, KIP could realize
substantial financial savings by not having to be mandated to adhere to the RWSS BYLAWS, and all the costs related to that process.

6. We also realize that in the 2006 Master Agreement that KIP has agreed to construct an
amphitheatre, a First Nations Interpretive Centre and to provide land for a fire hall and the
other favourable amenities that were shared during the Dec. 3rd information evening. Will
these amenities be included in the revised MDA?


We only have to read or listen to the news to realize that during this recession there have
been many examples of communities that are now burdened with huge debt loads or ongoing
costly water supply problems because of poor overall planning and budgeting.

Mr. Gillis, in your recent newspaper article you applauded our water conservation efforts and
you concluded your remarks about water for the valley with this message: We have to protect our staple of life.

Let's collectively get it right and create a thriving, sustainable and affordable community here and for the entire valley to enjoy. Let's embrace change that development will bring. Then the next generation of our children and grandchildren will be proud that we participated in this democratic process. For if we don't, we will or they will, surely pay more later.

In conclusion, we are relying on all our elected representatives to do due diligence and
create a working MDA that will protect our most valued water resource. By doing so we will not be left with unnecessary financial burdens now and into the future.

Respectfully submitted,
Gerry Sando
and 51 ratepayers/residents of
Union Bay, B.C.
(see ORIGINAL WRITTEN SUBMISSION FOR SIGNATORIES)