The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

 What was once meant to grow straight and true can, over time, become rather twisted |  George Le Masurier photo

The Week: Comox Council again cancels court dates to resolve Mack Laing obligation

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Today should have been the first day of the week that finally brought resolution to the Town of Comox’s shameful abdication of its moral covenant to the late Hamilton Mack Laing.

But if you hoped that the BC Supreme Court hearing scheduled for this week (Nov. 15-18) would bring an end to the 39-year-old saga over Laing’s Trust and the future use of his heritage home, Shakesides, you will be disappointed. Again.

This is the Town of Comox, after all, where things often get messy.

It’s head-shaking, but not surprising, that the town has backed out of the latest trial dates it had scheduled to petition the BC Supreme Court for approval to alter the Mack Laing Trust Agreement. The town wants to tear down Laing’s historic homestead and use the considerable funds he left to the town for other purposes.

Five years ago, the town was in a mad rush to get to the BC Supreme Court and plead its case. But since then, the town has scheduled and canceled court dates multiple times.

Read all of our stories about the Mack Laing Trust Agreement

And now, despite the feverish pitch reached in 2019 — and the estimated $200,000 plus that it has spent on legal fees — the town still seems confused about whether to go to court or not.

The town spent most of the time from February 2017 to May 2019 trying unsuccessfully to convince two different Supreme Court Justices not to allow the Mack Laing Heritage Society to present opposing evidence at trial.

But when the town finally set a trial date for June of 2019, they canceled it at the last minute (in May). And then the town went dark for the next 31 months.

This year the town decided to revive its application to alter Laing’s Trust and asked the court to set aside four days for a trial that would have started today.

But, like a skipping record, the town council once again canceled these dates at the last minute and then hinted it might revisit its application in the new year.

 

WHY CAN’T THE TOWN MAKE UP ITS MIND?

So, what is going on with this Town Council? Why do they schedule court dates and then cancel them? Why does the town continue to incur high-priced fees charged by a Vancouver lawyer when the council is apparently undecided about what to do?

Comox voters and taxpayers have no way to get answers to these questions because the council only discusses the matter behind closed doors. Ever since the town took its three-year hiatus on this issue, all Mack Laing discussions have been held in-camera.

That means if you ask a Comox council member what’s going on with the Mack Laing court petition, they will tell you they can’t talk about matters discussed in-camera.

That’s an odd position for the town to take.

When the mayor and council were in a rush to get a court hearing prior to May 2019, the council discussed the matter openly in regular council meetings. Motions were debated and votes were taken.

The council even held a special open public meeting at the Comox Rec Centre on the topic just a month (April 2019) before putting it all on ice for nearly three years.

So now, the council refuses to talk in public about even the simplest details related to the case, such as why they schedule court dates and then cancel them or whether the town even has a plan to resolve the matter?

The council’s lack of transparency is disconcerting. Its indecision is stunning.

With every misstep, the town worsens its culpability over 39 years for not living up to the agreement it signed with Hamilton Mack Laing. The town took his money and his property but failed to live up to their end of the bargain.

It’s a shameful way to treat one of the town’s most notable and generous citizens. And their actions certainly won’t encourage any future citizen to leave anything in trust to this town.

The issue has also divided people in the community, another of the regrettable results of this debacle.

 

SO WHAT’S THE SOLUTION?

It’s simple. Go to court. Get a decision and move on. If the town fears the court will reject its application to alter the Laing Trust, then initiate some form of arbitration.

Or maybe both parties could find a way to compromise. For example, the Comox Valley Regional District provides a good model with Brian and Sarah McLoughlin Park. The McLoughlin’s former house is open for artists-in-residence from May through September.

Restoring and opening Shakesides for a similar program — perhaps with priority given to natural scientists — would avoid the problems of parking that concern the park’s neighbors. And it would come closer to Laing’s vision for his historic home on Comox Bay than another unused and unnecessary ‘viewing platform’

Whatever it decides, the Town of Comox should quit stalling and start being honest and open with the public.

 

 

 

 

 

 

 

 

WHO WAS HAMILTON MACK LAING?

Hamilton Mack Laing was an important Canadian naturalist, photographer and writer. His research has appeared in a variety of publications around the world. 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 died in 1944, Laing sold his original home, Baybrook, and built a new home, Shakesides, on the adjoining lot. On his death in 1982, Laing bequeathed the waterfront property, a sizable amount of money, artwork and other personal property to the Town of Comox according to a Trust Agreement between the parties.

In 2016, the Comox Council, led by then-mayor Paul Ives, attempted to demolish Shakesides but was stopped by the BC Attorney General. Instead, the town demolished Laing’s former home, Baybrook, and began the process to alter the LaingTrust Agreement to permit the demolition of Shakesides and to use Laing’s money for other purposes.

Over the past five years, the town, led by current Mayor Russ Arnott, has appeared in several BC Supreme Court hearings to argue unsuccessfully that the Mack Laing Heritage Society should not be allowed to present any evidence that opposes the town’s application to alter the Laing Trust. Since then the town has scheduled and canceled multiple trial dates.

The Mack Laing Heritage Society believes the town has mishandled Laing’s Trust and misappropriated funds attached to the trust.

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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...

Court will allow opposing evidence in Mack Laing case

A BC Supreme Court has granted the Mack Laing Heritage Society intervenor status in the Town of Comox’s application to alter the naturalist’s public trust. MLHS hopes the new council is open to out-of-court discussions

Town’s Mack Laing “hub” aims to influence court

The timing of the Tow of Como’x new information hub about Mack Laing seems to indicate that it will function mostly to justify the town’s controversial decision to have the terms of the Mack Laing Trust altered by the B.C. Supreme Court and to report on the outcome of the case.

Questions the Town of Comox doesn’t want asked in court

Why is the Town of Comox fighting so hard and spending so much money on lawyers to keep the Mack Laing Heritage Society from presenting evidence during a BC Supreme Court trial to decide whether the town can vary the terms of the famous ornithologist’s financial gifts in trust to municipality?

Supreme Court rules in favor of Mack Laing Heritage Society

The Mack Laing Heritage Society has won a major legal ruling in its battle to force the Town of Comox to honor trust agreements with the famous naturalist. It’s the first step in a case that will decide the future of Laing’s iconic home and clarify the status of his trust agreements.

Shakesides supporters encouraged, hearing adjourned

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 ornithologis’s trusts has been adjourned until April. But Shakesides supporters left the court session encouraged.

Local governments start their 2021 budgets; who is the CVs highest-paid official?

Local governments start their 2021 budgets; who is the CVs highest-paid official?

Comox Valley local governments are planning their 2021 budgets  |  Scott Graham photo

Local governments start their 2021 budgets; who is the CVs highest-paid official?

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It’s not coincidental that Comox Valley residents receive their property value assessment notices in January just as local governments start their annual budgeting processes. Property taxes are the principal source of revenue for most BC municipalities.

By provincial law, local governments must complete their 2021 budget as part of a five-year financial plan every year by March 31. Homeowners start to receive their property tax notices about a month later.

And even though local government budget meetings are open to the public, few taxpayers attend them in order to learn how local elected officials spend our tax dollars.

Do you know, for example, how much your municipal councillors are paid? How many municipal employees make more than $75,000 per year? Do you know what we pay the RCMP for protection services or how much each government has accumulated in surplus revenue?

Have you filled out Decafnation’s Local Government Performance Review? It’s a short survey measuring Comox Valley voters’ level of satisfaction with their local governments.

With the help of a few volunteers, Decafnation has compiled data from our local government’s financial reports and broke it down on a per capita cost and compared those numbers with two of our municipal neighbours: Campbell River and Nanaimo.

We used each government’s 2019 Statement of Financial Information (SOFI) and their corresponding 2019 Annual Report as the basis for our information. The 2020 reports are not yet available.

Readers can look through all of our collected data by clicking the links elsewhere on this page, or by clicking the links to each government’s financial reports.

 

ELECTED OFFICIALS SALARIES

All Comox Valley municipal elected officials are considered part-time positions. That includes the three mayor positions and regional district directors.

Courtenay Mayor Bob Wells was the Comox Valley’s highest-paid elected official in 2019, earning $128,465 in salary and expenses from the city and the Comox Valley Regional District. The next highest mayor or councillor earned less than half of that amount.

Courtenay Mayor Bob Wells

On top of his $71,905 mayor’s salary, Wells took home another $47,810 from the regional district in director wages, committee compensation and expenses. He served as chair of the regional district board in 2019.

Courtenay Councillor David Frisch earned the second-highest amount of $60,782 from his salary of $28,021 as a CVRD director in addition to his $25,234 city council remuneration.

However, all three electoral area directors earned slightly more than Frisch because electoral area directors receive a higher base salary as their area’s only elected representatives.

Area C Director Edwin Grieve and Area B Director Arzeena Hamir both took home $64,849 in salary and expenses, while Area A Director Daniel Arbour earned $63,3472.

Comox Mayor Russ Arnott was the third highest-paid council member in 2019 at $50,158 — $38,384 from Comox and another $11,774 from his regional district duties.

On the expenses side, the top three were Cumberland Mayor Leslie Baird who claimed slightly more in expenses ($11,000) than Comox Councillor Stephanie McGowan ($10,966) and Comox Mayor Arnott ($10,234).

But all three of those expense totals were higher than any single councillor in the City of Nanaimo (highest $10,251) and all Campbell River councillors except for Charlie Cornfield who claimed $11,782 in expenses.

 

ADMINISTRATION COSTS

In a separate spreadsheet, the Decafnation volunteers broke out some of the key administrative costs of running a local government.

One of the highlights on this spreadsheet is that all jurisdictions have increased revenues year over year, in part due to the growth of the Comox Valley.

But it also shows that tax rate growth has exceeded the Consumer Price Index for British Columbia. This is also true for Nanaimo and Campbell River. Could this be because expenses have increased faster than new growth on Vancouver Island can support?

Tax rate growth is one area where public involvement in the budgeting process can directly affect the outcome.

The chart also shows that municipal expenses — the bulk of which are labour costs — have also increased year over year and exceeded the CPI in the municipalities. But not at the Comox Valley Regional District where expenses were kept a half-point lower than the five-year CPI average.

In Comox, the five-year average shows the town’s expenses outstripping revenue by more than two percent.

 

MAKING SENSE OF SURPLUSES

One of the tricky areas of municipal budgeting involves accumulating surpluses. Provincial legislation requires regional districts and municipalities to account for surpluses differently.

Courtenay, Comox and Cumberland may accumulate “unspent surpluses” that in theory can be used for any purpose in the future. There are also reserves for an intended service, such as water and sewer reserves. These can only be used for their stated purpose, and cannot be transferred for something like road improvements.

And, there is also another type of reserves that are created by council policy and not a legislative requirement. Courtenay’s Infrastructure Renewal Reserve is one example. These types of reserves could be moved from one purpose to another, but it would require a council resolution and is not a common practice.

By contrast, the regional district may only have reserves set aside for a specific service that it provides and these are usually attached to a plan for anticipated expenditures.

As you can see in our spreadsheets, the three municipalities of Courtenay, Comox and Cumberland have a combined accumulated surplus of more than $348 million and the regional district has an additional $178 million in reserve. That compares to $305 million in Campbell River and $831 million in Nanaimo.

 

POLICING COSTS

The data shows that Courtenay clearly bears the burden of protective services in the Comox Valley. It may mean that the city has been subsidizing protective services in the other areas.

Part of this anomaly occurs because Courtenay’s population qualifies it as a city, whereas Comox has been classed as a town. Those designations may change this year. If so, Comox’s share of policing will increase and Courtenay’s share will decrease.

But it is interesting to note that policing costs increased in Courtenay last year, while they decreased in Comox and Cumberland.

The RCMP manages the Comox Valley as a single detachment. The same officers respond to calls in all jurisdictions.

Courtenay paid $9,412,733 in 2019 of the Comox Valley’s total RCMP cost of $17,869,053, or 53 percent. That was an increase of 5.5 percent over 2018 and nearly triple what the Town of Comox pays.

Comox paid $3,251,181 in 2019 or 18 percent of the total policing costs. Cumberland paid four percent and the regional district paid 25 percent.

We noted that while Courtenay pays more per capita for policing than Nanaimo, policing costs represented close to the same percentage of revenue and expenses for both cities.

 

MUNICIPAL EMPLOYEES

All local governments’ financial statements include a break out of employees paid more than $75,000 per year and those paid less.

In all three municipalities and the Comox Valley Regional District, the percentage of salaries under $75,000 is greater than those paid more. But that’s not the case in Campbell River and Nanaimo. Nanaimo’s over-$75,000 salaries are 15 percent greater than those paid less. In Campbell River, the two numbers are almost even.

 

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The Week: Take our local government survey!

The Week: Take our local government survey!

How are they doing down at the Courtenay, Comox, Cumberland, CVRD and District 71 town halls?  |  Archive photo

The Week: Take our local government survey!

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Are you satisfied with the performance of your elected officials? In less than two years — 20 months and three weeks to be exact — Comox Valley voters will again elect representatives to local municipal councils, the regional district and the District 71 school board.

We have just passed the middle of our sitting elected officials’ current terms.

And if the 2018 election is any reliable indicator, some candidates will start their campaigns for the Oct. 15, 2022 election around this time next year.

So how have our elected officials performed over the last two-plus years? What have they done well and what have they not done so well? What are the issues each council and board should address in the last half of their terms?

We’re curious about how Decafnation readers would answer those questions.

This week, Decafnation is launching its first-ever Local Government Performance Review. It’s a short survey that asks readers to rank their satisfaction with the elected officials who represent them and to specify the issues they should tackle before the 2022 election.

Readers will also have the ability to make brief comments about their rating of each councillor, director or trustee. The comments are a key part of the survey because they will help explain your responses.

It is an anonymous survey. Share it widely.

 

On the Decafnation Facebook page a few weeks ago, we asked for help from anyone experienced in building online surveys. We got lucky when Kelly Kostuik volunteered.

Kelly is a professional engineer with an MBA degree. She moved to the Comox Valley from Calgary with his family five years ago and now works as an independent consultant. That leaves him time for mountain biking, skiing, paddling, volunteering, learning new stuff and “checking things off my bucket list.”

Although he hadn’t used the Survey Monkey platform before, Kelly quickly became a whiz. He built the survey and the analytics behind it in just a few days.

 

The deep disagreements over the future of the Comox Valley Economic Development Society (EDS) will be aired starting today, Jan. 19. But not publicly.

The mayors of Courtenay and Comox, regional electoral area directors and their chief administrative officers are scheduled to begin the process of formally reviewing the regional economic development function. The review was requested by the Town of Comox.

The regional district board had already decided after last fall’s two-day special session to plot a new course for the EDS over the next year. But the Town of Comox couldn’t wait, so they triggered this formalized session allowed for under the Local Government Act.

Why did they do that? We might never know because none of the review meetings will be held in open session.

That means the public will be barred from hearing why Comox initiated the review, what their grievances are and what our public officials discuss behind these closed doors.

However, the small review group cannot make any final decisions. Whatever courses of action emerge from the review will ultimately have to be approved by individual councils. And that will be public.

Among the multiple possible outcomes from the review, the Town of Comox could serve notice of its intention to withdraw from the function as Cumberland did about five years ago. If that happens the EDS will likely collapse, leaving Courtenay and the three rural electoral areas to figure out what might rise from the ashes.

 

The Comox Youth Climate Council held their first-ever annual general meeting Saturday via Zoom. About 30 people participated, including some observers from over the maximum membership age of 25.

The CYCC is a group of dedicated Comox Valley high school, college and university students, “persistent in striving for climate action.”

The group formed last October “as a result of our feeling of responsibility and dedication to do our part fighting the climate crisis to safeguard the future of our planet and its inhabitants. Our vision is to create a space for youth aged from 13 to 25 years old from a diversity of backgrounds to come together to work for social and climate justice in the Comox Valley.”

Kalea Richardson was elected the group’s new chair after a spirited campaign speech. Although her opponent, Will Hatch, scored points for his willingness to collaborate and his praise for Richardson — “She would make a great chair…” — he fell a few votes short. Hatch will serve as treasurer of the group.

 

 

 

 

HOW HAVE OUR ELECTED OFFICIALS PERFORMED?

TAKE THE SURVEY

 

 

 

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Our recommendations in the 2022 Comox Valley local government elections

Decafnation announces its list of preferred candidates in this year’s local government elections and for the first time we identify candidates that we think show promise and provide our reasons for not endorsing the other candidates. Our endorsements fall on the first day of voting at advance polls

Comox Valley receives $9.251 million to offset COVID-19 pandemic economic impact

Comox Valley receives $9.251 million to offset COVID-19 pandemic economic impact

The new Comox Valley Regional District offices in Courtenay  |  file photo

Comox Valley receives $9.251 million to offset COVID-19 pandemic economic impact

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The Comox Valley has received more than $9 million as its share of British Columbia’s Safe Restart Grant Program.

The province distributed $425 million under the federal Safe Restart Agreement to B.C.’s local governments. This federal/provincial funding is designated to support the reopening and operational costs of facilities along with funding local emergency responses. The province allocated funds to each of British Columbia’s municipalities and regional districts.

The City of Courtenay has received $4.149 million. The Town of Comox received $3.067 million. The Village of Cumberland received $1.312 million. And the Comox Valley Regional District received $723,000. In total, the Comox Valley received $9.251 million.

The CVRD board allocated its $723,000 to a variety of uses at its board meeting this week.

Emergency operations preparedness and community support – $200,000

Promoting local food security and supporting vulnerable populations through the Comox Valley Community Foundation – $100,000

Information technology resilience to support safe work, public engagement and effective service delivery – $100,000

Rural fire department support for increased preparedness and personal preparedness equipment – $40,000

Unallocated BC Safe Restart grant program funds, totalling $283,000, will be retained for future considerations as the COVID-19 pandemic continues to impact the region. Unallocated funds would be primarily dedicated to the following projects: recreation services, rural community hall support and food aggregation and promoting local food security

“We are thrilled to see grant funding being delivered to the community level,” CVRD Board Chair Jesse Ketler said in a news release.. “Each local government received funding to invest back into community recovery and resiliency as we navigate these challenging times. At the CVRD we are focusing our efforts on supporting vulnerable populations, promoting food security and improving resiliency to deliver the services residents use daily.”

 

 

 

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CV governments apply for infrastructure funds to ease pandemic economic recovery

CV governments apply for infrastructure funds to ease pandemic economic recovery

Courtenay and District Museum building  |  George Le Masurier photo

CV governments apply for infrastructure funds to ease pandemic economic recovery

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All four of the Comox Valley’s local governments have applied for provincial funds designated to help BC communities recover from the economic impacts of the COVID pandemic.

The provincial government set aside $90 million to provide one-time, 100 percent funding for projects — up to $1 million each — that meet one of four objectives:

— Community economic resilience
— Destination development
— Unique heritage infrastructure
— Rural economic recovery

Projects will be chosen from the applications based on their contribution toward creating immediate new employment or re-employing laid-off workers. The projects have to begin before Dec. 31, 2021, and complete by March 31, 2023.

Decafnation asked each local government what they applied to do.

TOWN OF COMOX

Comox has applied to complete phase two of its marina enhancement plan. It hopes to receive funds for a new marine services building.

CITY OF COURTENAY

Courtenay city staff have worked with and supported the Courtenay Museum to renovate and build a new section onto the existing facility.

The city also negotiated with the provincial granting agency to get the Sixth Street bridge included. But the complexity and environmental aspects of the project could not meet the 2021 deadline for starting the construction.

VILLAGE OF CUMBERLAND

Cumberland applied to rebuild the village’s No. 2 dam, hydro generation and Unnamed Creek remediation project.

It has also applied for infrastructure development of water services on the Bevan Lands and infrastructure upgrades and improvement for Cumberland Lake Park. If the Bevan Lands project did not qualify for timing reasons, the village planned to also apply for renovations of the field house and washroom facilities at its Village Park.

In another application, Cumberland applied to the separate but related Childcare BC New Spaces Fund for up to $3 million to create new childcare spaces within the village.

COMOX VALLEY REGIONAL DISTRICT

The regional district submitted six applications, four to the federal infrastructure program and two to the province.

The federal applications include the Denman Island water treatment project, phase one of the Baynes Sound sewer extension project, a retrofit of the CV Sports Centre mezzanine area and a Shingle Spit boat launch project.

The provincial applications included expansion of the Seal Bay parking lot and the Merville Hall food hub project.

 

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