Wells will not seek re-election as CVRD board chair

Wells will not seek re-election as CVRD board chair

Decafnation file photo

Wells will not seek re-election as CVRD board chair

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Courtenay Mayor Bob Wells will not seek re-election as chair of the Comox Valley Regional District, he told Decafnation this week.

The 10-member CVRD board elected Wells last November by drawing his name out of a hat.

He and Area C Director Edwin Grieve each received five votes in two separate elections. Previous Chair Bruce Jolliffee drew Wells name from a hat to settle the matter.

At the time, Wells said he would only serve one year.

“I have a city to run, a business to run, and I have a family,” he said. “I have a finite capacity and nobody’s perfected cloning.”

Wells will not reappoint himself as a City of Courtenay representative to the regional board. He said Wendy Morin and Will Cole-Hamilton will be Courtenay’s full-time regional directors.

Wells believes he was effective in his year at the helm. 

No other director has announced a bid for the chair, although it is expected that Grieve will run again. Other potential candidates include CVRD Vice-Chair Arzeena Hamir and Courtenay Director David Frisch.

 

 

 

 

CVRD REMUNERATION FOR DIRECTORS, CHAIR

Municipal councillors appointed to serve on the CVRD board receive about $13,000 per year in compensation. Electoral area directors receive about $34,000, and the CVRD board chair receives about $33,000.

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MLHS issues letter of thanks to Comox Council

Mack Laing Heritage Society archive photo By George Le Masurier he Mack Laing Heritage Society this morning issued an open letter to the Town of Comox mayor and council. Here is their letter: We, the Mack Laing...

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Comox Valley sewage issue pushed,  Arnott comments called “out to lunch”

Comox Valley sewage issue pushed, Arnott comments called “out to lunch”

Comox Mayor Russ Arnott adamantly opposes Area B representation on the sewage commission  /  George Le Masurier file photo

Comox Valley sewage issue pushed, Arnott comments called “out to lunch”

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Comox Mayor Russ Arnott feigned little knowledge this week of how the Comox Councillors that he appointed to the Comox Valley Regional District Board are voting, and why.

The only item on the Courtenay-Comox Sewage Commission Tuesday, Aug. 13, was a reconsideration of its “no decision” last month, a tie vote that technically defeated a motion to allow Area B representation on the commission.

This week, the commission, with CFB representative Major Guerard in attendance, delayed taking any action on the matter until after CVRD staff present their recommendations from a year-old study on how best to restructure the regional district’s water and sewer commissions.

But the issue launched Arnott off on an opening diatribe about why the board had sent the issue back to the commission.

“Why did they send it back?” Arnott asked. “We made a decision. What’s to say whatever decision we make today won’t come back. When does this end?

“I find it disrespectful, and it leads me to wonder where the integrity of the Town of Comox votes lay when we’re a paying member and (deference is shown) to a special interest group,” he said, referring to the Curtis Road Residents Association.

That caused Courtenay Director Wendy Morin to ask for a voting record of the CVRD Committee of the Whole, which comprises the full board.

“If I recall Comox directors voted to send it back,” she said.

Comox Director Ken Grant jumped in to say he could settle the question.

“Yes, Comox did vote to send it back. It was clear we (Comox directors) were going to lose the vote, so we voted in favour to deal with it here (at the sewage commission),” he said. “We were outmuscled.”

FURTHER READING:  Our archive of stories about the sewage commission

Comox is the outlier on this issue. There is support for Area B representation on the sewage commission from Courtenay and some of the electoral areas.

Comox has two directors on the CVRD board, while Courtenay has four and Cumberland and the three electoral areas each have 1. Weighting the votes based on population gives Courtenay 18 votes to 10 for Comox.

Pushing a decision on the issue didn’t sit well with the Curtis Road Residents Association, who have been battling with the regional district over noxious odours emanating from the Brent Road wastewater treatment plant since 1985.

Jenny Steel, the spokesperson for the residents, said the CVRD Board had ordered the commission to further consider the appointment of the Area B director as a non-voting member for a temporary period of time.

“The Commission today failed to follow that direction, there was no substantive discussion at all,” she told Decafnation. “ Instead, they decided to wait for Comox and Courtenay bureaucrats to come up with their “governance study” recommendations — without any input at all from Area B.”

Steel said “the writing is on the wall … Comox councillors will continue their vendetta against any voice for Area B at the table.”

The Curtis Road residents had requested that the Area B director be permitted to participate in the discussion at the Aug. 13 commission meeting, but Steel says the CVRD did not even acknowledge that request.

Steel said the CRRA would now seek out other avenues within the government to resolve their concerns.

“We will formally lodge complaints with the provincial Ombudsperson and the Inspector of Municipalities, as well as expand our outreach to the public and press,” she said. “We do not believe Comox commissioners have acted responsibly on this issue.”

Steel went on to say that Comox Mayor Arnott’s statement that there’s a good relationship with the Curtis Road Residents was “completely out to lunch.”

Area B Director Arzeena Hamir / file photo

“Since our first delegation in April there has been no commitment whatsoever to fix the odour problems or to improve governance moving forward,” she said. “In an earlier meeting, Comox reps had proposed that one of the existing commissioners be our voice at the table – clearly an admission that Area B does need a voice.

“However, they are dead set against that voice being Director Arzeena Hamir, our democratically elected representative. Go figure.”

Hamir told Decafnation that she’s extremely frustrated by the situation and that she feels for the Curtis Road residents.

“They have put so much time and energy into resolving their problem. They read the reports more intensely than some of the elected directors,” she said. “To have the issue punted back and forth (between the CVRD board and the sewage commission) is frustrating.”

Steel echoed that comment.

“It is indeed frustrating to go round in circles on what would seem such a straight-forward and reasonable request,” she said. “Until we get this resolved we have no choice but to continue with our delegations.”

They have several outstanding issues, including the location of a new holding pond, agreement on an odour standard and covering the bio-reactors, which cause most of the odour issues.

“A Good Neighbour Agreement between Area B and Comox/Courtenay is something we’ve been working on and will bring forward to the Commission soon for consideration,” she said.

 

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Supreme Court rules in favor of CVRD in 3L Developments lawsuit

Supreme Court rules in favor of CVRD in 3L Developments lawsuit

Supreme Court rules in favor of CVRD in 3L Developments lawsuit

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Read the full Reasons for Judgment by Madam Justice Duncan

 

The BC Supreme Court has decided in favor of the Comox Valley Regional District in a lawsuit brought by 3L Developments over amending the Regional Growth Strategy.

Here’s the press release issued by the CVRD this morning.

“The Comox Valley Regional District’s consideration of an application by 3L Developments Inc. to amend the Regional Growth Strategy (RGS) was conducted in a fair and balanced way – in good faith and without malice – according to a decision by the BC Supreme Court released August 12, 2019.

“The ruling dismissed 13 claims made against the CVRD by 3L Developments Inc. regarding the management of their application for their proposed ‘Riverwood’ development in Electoral Area C. Costs were awarded to the CVRD.

FURTHER READING: CVRD denies 3L

“We were clear from the beginning of this process that the proposal by 3L Developments would be considered in a fair, open and transparent process and this validates that commitment,” said Russell Dyson, Chief Administrative Officer, CVRD. “The CVRD respects the time, dedication and thought that was placed by the courts throughout the process.”

“The court’s decision is especially important to the CVRD because it protects the Board’s process for considering an application, obtaining public feedback and decision-making.

“We heard clearly through this process strong community interest in protecting the Regional Growth Strategy (RGS), and we remain committed to our responsibility to it in order to ensure the long-term health of our community,” said Dyson. The RGS is a strategic plan that aims to establish a sustainable pattern of population growth and development in the region over a 20-year period.

“For background/history about the amendment process, and to view the Reasons for Judgment, visit www.comoxvalleyrd.ca/3l
The decision will also be posted here in coming days: https://www.bccourts.ca/supreme_court/recent_Judgments.aspx

“The Comox Valley Regional Distridct is a federation of three electoral areas and three municipalities providing sustainable services for residents and visitors to the area. The members of the regional district work collaboratively on services for the benefit of the diverse urban and rural areas of the Comox Valley.”

 

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CVRD assures Curtis Road residents, who seek BC intervention

CVRD assures Curtis Road residents, who seek BC intervention

File photo of lower Curtis Road

CVRD assures Curtis Road residents, who seek BC intervention

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Letters are flying between “fed up” Curtis Road residents and the Comox Valley Regional District over odour, drinking water wells and other issues emanating from the Brent Road sewage treatment plant.

The regional district’s Senior Manager of Water/Wastewater Services Kris LaRose has assured Curtis Road residents that construction of an equalization basin to prevent potential winter overflows from the wastewater treatment facility will not affect their shallow wells or local groundwater.

In a letter to the residents association, LaRose also said the equalization Basin (EQ) will be built into the ground, not above it, for seismic safety. And, because he only expects effluent in the EQ basin during the stormiest and wettest days of winter, LaRose added that covering the basin to eliminate odours was not financially warranted.

The Curtis Road Residents Association plans to meet later this week to review and possibly respond to LaRose’s reassuring letter. In the meantime, they have written letters of their own seeking provincial intervention.

Jenny Steel, spokesperson for the residents, said she is waiting to hear back from requests her group has made to the Ministry of Health and the Ministry of the Environment and Climate Change. They are seeking higher-level assurances that the EQ basin’s location will not affect their well water quality and quantity.

Meanwhile, Courtenay-Comox Sewage Commission Chair David Frisch and CVRD staff will meet with the residents, and their Area B representative, Arzeena Hamir, next week for a less formal conversation about the issues.

The sewage commission sets policy for a sewerage system that serves residents of Courtenay and Comox, members of the K’omoks First Nation and CFB Comox. But its treatment plant is located in Area B. Neither the Area B representative or K’omoks First Nations have a voting seat on the commission.

 

What is an EQ basin and why it’s necessary

During heavy rainfalls in the late fall and winter, stormwater seeps into the sewerage system and increases the volume of wastewater entering the plant by more than three times the average summer flow.

With population growth and increasingly extreme winter weather brought about from climate change, those winter flows threaten to overflow the plant’s current holding capacity. That could mean raw or nearly-raw sewage spilling into the Strait of Georgia, which would violate standards and regulations.

The EQ basin was originally planned for another site on the treatment plant property, further from Curtis Road, but engineers discovered conflicts with existing infrastructure and future expansion plans. LaRose says moving the location now would add “several million dollars” to the cost and delay the project for a year.

“Delay of the project to 2020 would result in another winter of increased potential of plant overflow …” LaRose wrote in his letter.

 

Why the residents are concerned

Curtis Road residents — about 80 people belong to the neighborhood association — have several concerns about the EQ basin and its location 70 meters from homeowners’ property lines.

The main concern is that any compromise of the basin’s membrane will result in a leak of raw sewage into local groundwater and residents’ drinking water wells.

In his letter, LaRose said there will be more than three meters between the bottom of the basin, including its under-drain and leak detection system, and the top level of groundwater. And he said the CVRD would take additional measures to mitigate potential leaks.

The regional district will engage an arborist to assess trees annually prior to the storm season and remove any trees that have a probability of falling on the basin and tearing the underlying membrane.

The district will also drill a groundwater monitoring well below the basin’s location on the Curtis Road side to test water quality and detect leaks. An under-drain system will be installed with sensors to collect any leakage, which will trigger an auto response to drain the basin if a leak is detected.

Residents have complained about noxious odours from the plant since it opened in the mid-1980s that are at times overwhelming. The new EQ basin will have an open surface area equal to the plant’s existing primary tanks, which were covered in a past attempt to reduce odours.

But LaRose said that due to the limited amount of time the basin will contain untreated sewage — he estimated fewer than 50 hours per year — that no cover for the basin is planned.

“The very significant expense of covering the EQ basin is not seen as warranted,” he said.

 

What residents are doing

The resident have written to the Ministry of Environment and the Ministry of Health. They want provincial intervention in the sewage commission’s plan to build the EQ basin.

They noted that “prevailing winds and gales could easily cause tall trees (rooted in sand) to topple into the basin resulting in a compromised membrane.” And they noted the risk of an earthquake.

“The mental angst of worrying about whether our drinking water is fouled is an unreasonable interference in the use of our property,” they wrote.

The residents’ goal is to convince the sewage commission to relocate the EQ basin further away from their properties.

 

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“Stinking” sewage plant wafts back onto CVRD agenda

“Stinking” sewage plant wafts back onto CVRD agenda

George Le Masurier photos

“Stinking” sewage plant wafts back onto CVRD agenda

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T he Curtis Road Residents Association will press the Courtenay-Comox Sewage Commission again next week, this time on policy issues related to their decades-long battle to eliminate unpleasant odours from the system’s sewage treatment plant.

And they have new information that British Columbia’s Local Government Act does not prohibit municipalities from including voting members on commissions who represent non-participating constituents in a service or function.

Last month, residents told the commission that recent efforts to control the odours haven’t been successful and asked that the plant’s bioreactors be covered and that a new equalization basin currently under construction be relocated. They said the EQ basin has created visual pollution and will likely intensify the odour problems.

Lower Curtis Road

At the next commission meeting on May 14, the residents will ask for a commitment on odour standards, a specific odour reporting system and for action on their request for Area B voting representation on the commission.

Jenny Steel, spokesperson for the residents association, told Decafnation that a second presentation was necessary because “10 minutes is not long enough to address 34 years of abuse.” Delegations to the commission are limited to 10 minutes.

Since the treatment plant opened in 1985, it has emanated strong sewer smells that, due to geography, flow constantly through the Curtis Road neighborhood.

The odours are so bad that the Cape Lazo properties have lost monetary value and residents have been unable to stay in their homes during times when the stink has become unbearable.

Past inaction to address the problem by the sewage commission resulted in a lawsuit, which was won by the Curtis Road residents, that compelled the commision to fix the problem and to compensate homeowners.

But the odour problems continue, partly because past commissions haven’t taken the residents concerns seriously enough, according to the Curtis Road residents. And that’s a governance issue they feel could be addressed by having Area B representation on the commission.

As long as the treatment plant remains in Area B — and there is no plan to ever move it — rural residents believe they should have a voice on the decision-making body.

This same governance issue has surfaced before, most recently over the controversy to patch the Courtenay-Comox sewerage system with a new pumping station in the Croteau Beach neighborhood, which also lies within Area B.

Croteau Beach and Curtis Road residents say that if Courtenay and Comox want to locate infrastructure outside their municipal boundaries, then democratic principles dictate those outer areas should have representation at the decision-making table.

When the governance arose at last month’s sewage commission meeting, Comox Director Ken Grant said he believes the Local Government Act — the provincial document governing municipalities — prohibited Area B representation, because those rural residents don’t participate in the sewerage service. Area B residents can’t connect to the sewerage system and they do not pay for it.

Steel believes Grant misled the commission because her research and conversations with CVRD staff indicate that changes made to the Local Government Act in 2000 gave municipalities the necessary flexibility to include non-participating voting members on commissions.

She made a Freedom of Information request to the CVRD for the Act’s sections that support Grant’s claim.

It was a bylaw (No. 650) approved by the former Comox Strathcona Regional District board — since split into two boards for the Comox Valley and the Strathcona regions — that established the sewage commission. The CVRD board could change that bylaw.

Steel said the Curtis Road Residents Association might take the issue of Area B representation on the sewage commission to the CVRD board, or they might make presentations at both Courtenay and Comox municipal council meetings.

But first, they are waiting to hear the sewage commission’s response to their April presentation at the upcoming May meeting.

 

 

 

YEAR-OLD REPORT ON GOVERNANCE GAVE NO RECOMMENDATIONS

Last year, the Comox Valley Regional District commissioned a consultant to study governance options for administration and operation of the regional water supply and sewage conveyance and treatment services.

But the report from Leftside Partners Inc. presented to the CVRD board last September made no recommendations. It only suggested some considerations for such a change and encouraged elected officials to discuss it.

Chief Administrative Officer Russell Dyson described the background for the study in a March 2018 memo to the board:

“Since June 2017, a ‘utilities commission’ concept has been considered to possibly resolve some concerns related to efficiency, accountability and effectiveness for the decision-making processes related to water and sewer services. The proposed project scope, which is described in more detail further in this report, would focus its attention on the water supply system (function no. 300) and sewage treatment service (function no. 335), recognizing that a change in the governance framework may impact just the water service, or the sewer service, or both, depending on the governance project findings and the will of the service participants.”

 

 

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