by George Le Masurier | Mar 14, 2018
PHOTO: Mack Laing cutting a Douglas fir with a Wee McGregor, a mechanical bucker, on the Comox waterfront in September 1925. — B.C. Archives
NOTE: This article was updated at 2 p.m. on Thursday, March 15
Shakesides supporters encouraged, court hearing adjourned to April
A B.C. Supreme Court hearing scheduled for this morning (March 15) to determine whether to grant standing to the Mack Laing Heritage Society (MLHS) in the Town of Comox’s application to vary one of the famous ornithologist’s trusts has been adjourned until April.
MLHS lawyer Patrick Canning had a medical emergency and could not attend. In a written statement to Supreme Court Justice Robin Baird, Canning asked for the case to be adjourned. Lawyers for the Town of Comox and the B.C. Attorney General’s office wanted to proceed anyway.
But saying he had spent time reading much of the nine affidavits submitted by Comox Valley citizens and organizations, such as Comox Valley Nature, Justice Baird said “the society has an arguable case and it should be heard.”
“I’m not pre-judging the case, I’ve just read the materials,” Justice Baird said. “There are serious issues at stake; it’s been 36 years; and, the vindication of a will.”
Justice Baird seemed to encourage the town’s counsel and the AG lawyer not to oppose standing for MLHS.
“Obviously, there has to be a hearing,” Justice Baird said. “Unless counsels can decide, upon reflection, that it’s not necessary … we can get to the merits of the case sooner.”
And later while discussing a date for the adjourned hearing, Justice Baird said again “but if counsel can come to terms (about granting standing to MLHS), let the trial coordinator know (in order to cancel time for a hearing on standing).”
When all parties agreed to adjourn to April 16 in Nanaimo, Justice Baird left with what may or may not have been an intentional whimiscal comment.
“We’ll let nature takes its course; it has been 36 years,” he said.
Supporters and opponents of the town’s petition attended the court hearing, as did four member of Comox Town Council: Mayor Paul Ives and councillors Russ Arnott, Marg Grant and Maureen Swift.
ORIGINAL STORY: B.C. Supreme Court to hear Shakesides arguments today
The B.C. Supreme Court will hear arguments this morning (March 15) in Courtenay whether to grant “standing” to the Mack Laing Heritage Society (MLHS) in a case that will decide the future of Laing’s historic home, Shakesides.
MLHS lawyer Patrick Canning will argue that nine affidavits totalling nearly 500 pages of evidence compiled by Comox Valley citizens and organizations, negate the basis of the Town of Comox’s petition to vary one of three trusts given by Laing to the community.
The Town of Comox has opposed standing for MLHS. The town hopes to shield the citizen’s evidence and exhibits from the court.
FURTHER READING: What is “standing?”
The town wants to demolish Laing’s iconic home, which he willed to the town, and use the money he also left for purposes other than those the acclaimed ornithologist intended.
The town has petitioned the court, under a specific section of the Community Charter, to vary the “terms applicable to money held in trust if a municipal council considers the terms or trust to no longer be in the best interests of the municipality.”
J-Kris Nielsen, president of MLHS, said “justice would only be served” if the court considers all the facts and evidence.
Nielsen said the nine affidavits that MLHS wants the court to see painstakingly detail how the town has misspent Laing’s money, disregarded the intention of his three trusts over a 36-year period and misstated facts to the court corroborated by its own documents.
Granting “standing” would mean the MLHS lawyer could present the affidavits to the court to consider in ruling on the town’s petition.
But, if the Supreme Court does not directly grant standing to MLHS, the affidavits may still be considered by the court.
MLHS filed a counter-petition this week challenging many of the facts in the town’s original petition, and the town must respond. Nielsen said that could get the most critical information before the court.
It’s possible the court will not rule on the town’s petition or the MLHS’s counter-petition at this sitting. It could put the matter over until its next session in July.
At issue is whether the town can demolish Laing’s home, which he gave to the Comox community for the purpose of establishing a natural history museum.
The MLHS wants the town to preserve Shakesides as a heritage site, and to create some form of a natural history museum, as Laing wished.
The town wants to build a viewing platform, despite having already built a viewing platform just footsteps aways from Shakesides, on the site of Laing’s original home, called Baybrook. The town tore down that house in 2015.
MLHS also wants the Supreme Court to order a forensic audit of the Laing trusts.
MLHS contends the town has misstated the amount of cash Laing left them after his death in February of 1982 and that the trust today should be worth up to nearly $500,000.
FURTHER READING: Town of Comox confesses, we misspent Laing’s money!; More Mack Laing articles
Comox Council and staff admitted in December to misspending Laing’s money, and have put funds back into the trust. It is now worth $256, 305.98, according to the town’s petition.
That’s a significant increase in the trust’s value from the $70,000 the town told a 2016 citizens advisory committee. The committee eventually recommended demolition, although several members disagreed and presented a contrary minority report to the Town Council.
It’s likely the committee would have made a different recommendation if it had known there was more than a quarter-million dollars available for restoration and fulfillment of Laing’s trust. And that money could have been leveraged up, including an offer of funds from Heritage B.C., which has urged the town to preserve the building.
Who was Hamilton “Mack” Laing?
Hamilton Mack Laing was a naturalist, photographer, writer and noted ornithologist, whose work from the Comox waterfront from 1922 through 1982 earned him worldwide recognition.
Laing gave his waterfront property, his home, substantial cash and personal papers from his estate to the Town of Comox “for the improvement and development of my home as a natural history museum.” The town accepted the money and, therefore, the terms of the trust.
But 36 years later, the Town of Comox has done nothing to satisfy his last wishes and mishandled the money Laing left, raising serious ethical and legal questions, which the B.C. Supreme Court may ultimate answer.
Laing moved to Comox in 1922, cleared his land and built his home from a “Stanhope” Aladdin Ready-Cut kit. In 1927, he married Ethel Hart of Portland and they established a successful and commercial orchard which included walnut, pecan, filbert, hazelnut, apple and plum trees. They also grew mushrooms and vegetables.
After his wife, Ethel, died in 1944, he sold his original home, Baybrook, and built a new home, Shakesides, on the adjoining lot.
Shakesides’ heritage value
An independent and nationally recognized heritage consulting firm issued a Statement of Significance regarding the former home of naturalist Mack Laing — known as “Shakesides.” They said the building is of national importance and that it should be saved for its historic value and for the enjoyment of future generations.
The chairman of Heritage B.C., a provincial agency committed to “conservation and tourism, economic and environmental sustainability, community pride and an appreciation of our common history,” believes the heritage value of Shakesides demands that Laing’s former home should be “conserved for … future generations” and that the Town of Comox should “use the building in ways that will conserve its heritage value.”
Heritage B.C. has offered its assistance, at no charge, to the Town of Comox, for the duration of the process to repurpose Shakesides, and pretty much guaranteed the town a provincial grant through the Heritage Legacy Fund Heritage Conservation program.
The town has ignored Heritage B.C.’s offer.
FURTHER READING: Who are the B.C. Supreme Court justices?
by George Le Masurier | Mar 12, 2018
The Vancouver Island Health Authority (Island Health) has reissued a Request for Proposals to add 120 new beds for patients requiring a complex level of care in the Comox Valley.
Island Health says it hopes to award contracts for the new beds in early May and expects they will open for patients sometime in 2020.
That’s good news for people needing complex care, and especially for their caregivers. The glaring and long-time shortage of complex care beds in the Comox Valley has distressed caregivers, and resulted in some horrific tragedies.
It’s also good news for Comox Valley Hospital workers. A workforce staffed for 129 admitted patients has been dealing with serious overcapacity issues — up to 170 admitted patients — since the new hospital opened in October.
Most of those 30-40 unexpected patients no longer need acute care, but remain in the hospital because of the Valley’s shortage of complex care beds.
It’s a problem that dates back many years, but surprisingly the new Comox Valley Hospital was planned as if it would never have patients needing an alternate level of care.
That strategy might have worked, or at least diminished the current problems at CVH, except Island Health was slow in issuing a Request for Proposals and awarding the contract for new or replacement beds. And then, it cancelled the RFP completely.
On Sept. 30, 2016, Island Health issued an RFP for 70 new or replacement residential care beds for the Comox Valley. The press release said contracts would be awarded in April 2017 and opened in 2019.
But, on Aug. 3, 2017, Island Health cancelled the RFP, shortly after its board of directors decided the four hospice beds located at St. Joseph’s should be moved to a secular facility that could provide Medical Assistance in Dying (MAiD).
Tim Orr, the director of residential services for Island Health, told Decafnation that St. Joseph’s policy not to permit MAiD was one of several factors in the decision to cancel the 2016 RFP. The new RFP requires at least one proponent to provide end-of-life services including MAiD, and house six hospice beds.
FURTHER READING: Island Health RDP press release
What’s in the RFP?
The Island Health press release says the 120 new beds may be awarded to more than one proponent, and than the number of new complex care beds awarded to each proponent will be determined in the evaluation of each proposal.
“Should the RFP result in more than one successful proponent, at minimum, one of the selected proponents will be required to provide for six community hospice care beds and allow for the provision of MAiD (Medical Assistance in Dying) on site,” the release said.
And successful proponents must provide 3.36 direct care hours per resident day, as per provincial standards.
The release also states that the “new RFP includes flexibility for greater capacity in the future, opportunities for a full spectrum of complex care including innovative models of dementia care ….”
Community reaction
The community has responded to the Island Health announcement with cautious optimism.
Our sources believe that 120 new beds will relieve the stress on the new Comox Valley Hospital, but will not provide a complex care bed for everyone in the Valley who needs one.
Because there are so many nonpaid (mostly family member) caregivers in the Valley, and because only the most in need of acute care get into the hospital, that the Valley may actually need more than 150 and closer to 200 complex care beds.
Our sources expressed disappointment that the announcement didn’t include an increase in respite beds, adult daycare programs or resources for Community Health Care, a program designed to keep people at home as long as possible.
Will St. Joseph’s apply?
The wording of the RFP press release appears to open the door for The Views at St. Joseph’s to apply for additional beds without agreeing to provide MAiD on site, which is something the Catholic church opposes on ethical grounds.
The Views at St. Joseph’s already provides publicly-funded complex care beds that are mostly occupied by patients with dementia. The Views board of directors has outlined a vision for a dementia village” similar to Hogeweyk in the Netherlands.
A private operator in Langely, B.C. just announced that it will open Canada’s first “dementia village” next year. Verve Senior Living says the project will cost patients between $6,000 to $7,500 per month, but is open to working with the B.C. government to make residence more affordable.
What’s next
Island Health will accept proposals until May 11, but does not say when the contract or contracts will be awarded. It generally takes a minimum of two years from awarding a contract to its completion.
The Island Health board of directors will meet at 1.30 p.m. on March 29 at the Crown Isle Resort ballroom. People may ask questions in advance to be answered in written form at the board meeting, or make 10-minute presentations to the board if they apply by March 15.
In other North Island Hospitals news, Dr. Jeff Beselt has resigned from his position as the Executive Medical Director for the Comox Valley Hospital and Campbell River Hospital. According to a Island Health spokesperson, Dr. Beselt stepped down to focus on his family. Island Health named Dr. Jennifer Grace, of Campbell River, the interim EMD for the region, which includes Campbell River, Courtenay, Comox and Mount Waddington/Strathcona. You can view a farewell video for Dr. Beselt here, and read reviews of Dr. Grace here.
FURTHER READING:Canada’s first “dementia village;”BC retirement home chain sold to murky Chinese ownership group
by George Le Masurier | Mar 8, 2018
This article has been updated to include Rebecca Lennox’s announcement to seek re-election.
This article has been further updated to include Bob Wells announcement to run for mayor of Courtenay
Courtenay City Council member David Frisch announced early last week that he is running for mayor.
Frisch is the second sitting councillor to enter the mayoral race, just 225 days away. Erik Eriksson launched his campaign for mayor several months ago. Then, late in the week, Bob Wells announced that he would also compete for the mayor’s chair.
That makes half of the existing Courtenay Council running for mayor. It means there are now three open seats on council and two of the mayoral candidates will no longer serve on Courtenay council.
Mayor Larry Jangula remains undecided about whether to seek re-election. In early January, Jangula told Decafnation it was “too early” to decide and that his decision will be based on his wife’s health, his own health and “an examination of who might be running.”
Jangula is out of town and could not be contacted after Frisch’s announcement.
FURTHER READING: Who’s in, who’s out for Election 2018; Eriksson announces mayoral bid
Frisch told Decafnation that he’s running because he’s the best person to keep Courtenay growing in a healthy direction.
“I’m running for mayor because I have a vision to keep Courtenay’s natural beauty, access to recreation, and affordable living for generations to come,” he said. “My focus is on fostering an inclusive community and planning for growth in a responsible way, balancing economic needs with the need for a healthy and vibrant community.”
Frisch was the top vote-getter in the 2014 election and is serving his first term on council. He received 3,671 votes, hundreds more than his nearest competitor at 3,033.
“I’ve had the privilege to serve with the mayor and my fellow councillors for four years and have learned a lot,” he told Decafnation. “When I imagine how the valley will look in another 10, 20 or 30 years, I can’t think of anyone better to create an inclusive, people driven agenda.”
By seeking the mayor’s chair, Frisch, Wells and Eriksson will give up their council seats.
“The fact that my seat as a councillor will need to filled is only an invitation for another community minded leader to step up,” Frisch said. “The people of Courtenay will take care of choosing that person and I can work with whoever that may be.”
Rebecca Lennox, another first-term council members announced on Facebook late Thursday that she would also seek re-election.
“International women’s day is here so I thought I would tell you that I have decided to run in the 2018 election,” Lennox posted. “It has been my greatest honour to serve on council these last years and I will always be so grateful of the opportunity to do so. If I am lucky enough to be elected for a second term I will continue to do my best in the role of councilor.
“I hope to see a few more ladies round the table next time as one out of seven is not a great balance,” she wrote.
And newcomer Kiyoshi Kosky, who recently sought the provincial NDP nomination, said he is running for a council position.
In an email interview several weeks ago, when Frisch was considering a mayoral run, he told Decafnation:
“As mayor, I plan to embrace the opportunities we have and lead our community to grow in an environmentally responsible way while capitalizing on our opportunities for economic growth – particularly in internet technologies, destination tourism, and retirement living,” he said.
“This includes doing as much as possible to support affordable housing options for young adults, families and seniors, as well as doing the much needed long range transportation planning to keep us all moving.
“My role as mayor will allow me to lead the city to engage with the people of Courtenay and create a long range plan particularly for sustainable development and efficient transportation.”
Voters go to the polls on Oct. 20. Candidates for the 2018 municipal election must file during a 10-day period beginning Sec. 3.
by George Le Masurier | Mar 8, 2018
The Vancouver Island Health Authority (VIHA, or Island Health) board of directors will hold their March meeting in the Comox Valley.
It’s an opportunity for Comox Valley and Campbell River residents flummoxed by the myriad errors in planning the new hospitals to ask questions or make presentations to the directors and Island Health executives.
The board will meet from 1.30 p.m. to 3 p.m. on March 29 at the Crown Isle Resort ballroom located at 399 Clubhouse Drive, Courtenay.
With the Comox Valley Hospital still running over capacity — due in large part to the shortage of long-term care beds — citizens might ask when Island Health will re-issue the Request for Proposals to build “new or replacement” beds.
Island Health originally issued an RFP for 70 “new or replacement” beds in 2016, then abruptly withdrew it last summer after deciding to move the community’s four hospice beds to a facility not operated by a religious organization.
Citizens might also ask when Island Health will correct planning errors such as the location of landing pads for emergency transport helicopters, the lack of space for storing health records and other oversights detailed in a series of articles on Decafnation.
FURTHER READING: Online forms for questions and presentations to the Island Health board
The board will only consider questions submitted in advance using an online form available on the Island Health website.
But, curiously, the board won’t speak to those questions at the Courtenay meeting. They will answer them in written form to be distributed at the meeting and uploaded to the Island Health website.
Individuals or groups planning a presentation to the board must apply using an online form at least 14 days in advance of the meeting (a March 15 deadline).
The Island Health board includes two area directors: Anne Davis, program coordinator for the Comox Valley Transition Society; and, Claire Moglove, a retired lawyer and former Campbell River city council member.
FURTHER READING: The Decafnation series on the Comox Valley Hospital
by George Le Masurier | Mar 5, 2018
This article has been updated to include a statement from NDP MLA Ronna-Rae Leonard.
There’s a new water controversy bubbling up in the Comox Valley, and once again the province has dumped another problem on local elected officials.
The B.C. government has approved a controversial groundwater licence for a water extraction and bottling operation on a two hectare property on Sackville Road in the Merville area. They did it despite a strong objection from the Comox Valley Regional District and without public consultation or regard for community concerns.
“The province does this all the time,” said Area B Director Rod Nichol. “We have to clean up the mess and look like the bad guys.”
Nichol compared the water extraction issue to the recent Raven Coal Mine battle and myriad less high-profile issues, such as highway development.
About 200 people attended the CVRD’s Electoral Areas Services Committee meeting Monday (March 5) to protest and urge the CVRD to deny the water extraction applicants a necessary zoning change. The property is current zoned rural residential and would need to be zoned light industrial.
Instead, the committee unanimously endorsed a staff recommendation to refer the rezoning application to various agencies, CVRD committees and K’omoks First Nations. The intent is to build a baseline of data about the source of water (aquifer 408) and how a water bottling operation might impact agriculture and other existing users and potential long-term effects on the surrounding watershed.
NDP MLA Ronna-Rae Leonard emailed this statement to Decafnation:
“I can understand the concerns of Merville residents, as water is a precious resource for any community. My understanding is the ministry performed a detailed technical review of the proposal and noted no concerns about aquifer capacity. I’ve also been reassured that existing well users would get priority in a drought. The project still needs CVRD zoning approval though, and as the local MLA I will be monitoring the situation closely.”
The applicants
Christopher Scott MacKenzie told the committee that he originally drilled a well for domestic purposes. But after his wife, Regula Heynck, insisted on testing and discovering the water had high pH levels (alkaline), the couple envisioned a viable family business.
MacKenzie claimed the alkaline water has health benefits and is “something the community needs … it’s really unique”
A protester disrupted MacKenzie with concerns about how neighbors’ drinking supplies might go dry. He replied that dry wells would be “hit and miss,” and that people “would just have to understand it.”
MacKenzie and Heynck have recently moved to the Valley from Ringenberg, Germany, and took out a building permit to locate a $14,613 mobile home on the property.
MacKenzie is the son of the late Keith MacKenzie, who served as president of the Courtenay Fish and Game Club after retiring as carpentry foreman from Candian Forces Base, Comox. His tours of duty included a stop in Germany.
The core issue
The province has already approved a groundwater licence that enables MacKenzie/Heynck to extract 10,000 litres per day or 3.65 million litres per year. But the CVRD must approve a rezoning application to permit “water and beverage bottling” as a principal use on the property.
Alana Mullaly, the CVRD manager of planning services, said the province has jurisdiction on what happens below grade. The CVRD has jurisdiction over what can happen above grade.
She said denying the rezoning application would not cancel the provincial groundwater license.
Without a zoning change, MacKenzie/Heynck cannot conduct water bottling operations as the principal use of the property.
But it’s unclear whether a denial of the rezoning application would mean only that they could not construct a bottling facility on the property or that they could not operate a commercial enterprise from the property even without a physical structure.
The CVRD opposed the water extraction application made to Ministry of Forests, Lands, Natural Resource Operations and Rural Development (FLNRORD) on the basis that it was inconsistent with the Rural Comox Valley Official Community Plan Bylaw No. 337, 2014, and the zoning bylaw.
There are environmentally sensitive areas surrounding the property, including many farms and Agricultural Land Reserve areas that rely on groundwater.
Area C Director Edwin Grieve warned that aquifers eventually get pumped down and he wondered what effect that would have on the water supply for nearby farms. He noted that climate changes have caused Portuguese Creek to dry up in the summer.
Grieve said the applicant deserved due process and that the gathering of more information is important.
But Grieve also said earlier that “we could save the applicant a lot of time and money and deny it now.”
What’s next
CVRD staff will refer the rezoning application to a number of agencies, First Nations and its own relevant committees. Not date was set for staff to report to the CVRD board.
If the application passes through the Area C Advisory Planning Commission, then the CVRD would hold public hearings.
In the meantime, people can express their views on the proposal to Tanya Dunlop, senior authorizations technologist, at tanya.dunlop@gov.bc.ca.
