Hamilton Mack Laing has probably turned over in his grave more than once since his death in 1982.
Because if the famous Canadian naturalist, photographer and writer suddenly came alive today, he’d be shocked and angry at how the Town of Comox has fumbled his gift of property and cash.
When Laing died in 1982, he left the town, among other personal items, his waterfront property, his home named Shakesides, and the residue cash from his estate “for the improvement and development of my home as a natural history museum.”
Thirty-four years later, the Town of Comox has done little to satisfy the last wishes of this important literary and ornithological person. It’s shameful how the town has claimed Laing’s celebrity, but ignored his desires for a legacy.
The residue cash from Laing’s estate was $45,000, a sizable sum in 1982. His will specified that 25 percent should be used for capital improvements to his home and the remaining 75 percent should be invested to help fund the ongoing operating expenses of a natural history museum.
… an analysis of the fund by Kent Moeller, CPA, of Moeller Matthews in Campbell River, shows the trust fund should be worth $481,548 today.
But the town ignored the terms of Laing’s gift as specified in his Last Will.
The town did not spend $11,250 on capital improvements to his home. Instead, it rented the dwelling starting in 1982 , shortly after Laing died, at a curiously low rate. It’s done minimal maintenance on the house.
Nor did the town immediately invest the remaining $33,750. The town only started investing Laing’s fund in 2001, so for almost 19 years the money earned no interest.
The town has not created a natural history museum, but has profited from sales of prints of Laing’s drawings and paintings, and his collection of original Allen Brooks paintings.
This is no way to respect a noted North American naturalist.
For the last few years, members of the Comox Town Council have discussed what to do with the Shakesides house, and Laing’s original home, called Baybrook, which he sold to the Stubbs family and was later acquired by the town. The town demolished Baybrook last year, and is considering a similar fate for Shakesides.
The justification is, of course, that restoring Shakesides into a usable public facility would cost too much and, the town claims, and there’s only $76,672 in the Laing Trust Fund.
But an analysis of the fund by Kent Moeller, CPA, of Moeller Matthews in Campbell River, shows the trust fund should be worth $481,548 today. He used figures released by the town and conservatively calculated interest rates.
Moeller suggests that if the town had immediately invested all of Laing’s bequeathed cash plus the rental income, it would have nearly a half-million dollars in the trust fund.
Moellar’s analysis changes the nature of the town’s recent discussions about what to do with Shakesides and how to honor one of its legendary former residents. It’s a different argument when you’re talking about $481,548, rather than $76,672.
Shakesides could be renovated for about $150,000, according to a quote from a Comox Valley builder, and the remaining funds could continue to grow and help pay operating expenses of a natural history museum as Laing specified in his will.
There’s a solid justification for the view that the town owes the Laing Trust Fund $404,876.
The view from Shakesides
At least he got a plaque
But just as important as the fate of Shakeside’s and actuarial debate over what should be the trust fund’s present value, are the ethical considerations.
What responsibility does the Town of Comox have to follow through on the last wishes of any person who leaves a municipality cash, property or other items of significant value?
While the failure to follow through originated with the elected councillors and staff of the Town of Comox in 1982, the gift was to the town itself, not to any temporary combination of individual staff or elected representatives. That makes the town responsible, and all elected officials since 1982.
If the town had good reasons not to follow through on Laing’s last wishes, was it appropriate for them to keep the residue cash on their general ledger? Was any of the money spent improperly, for purposes that do not qualify under the terms of the trust? Moeller notes that $15,600 of unidentified capital expenses were taken from the account.
If the town decided not to respect Laing’s last wishes, should it have transferred the funds to some other community organization willing to take on the transformation of Shakesides to a natural history museum?
The Town of Comox must address these questions in its deliberations about the fate of Shakesides.
Laing was not only a prominent Comox resident, he was a generous one. He gave the Town of Comox his home, his property — now valued at over $1.6 million — and his collection of artwork, which he hoped would be used to create a natural history museum.
It’s wrong that his gift has been handled so carelessly. It’s time to atone.
When Royston and Union Bay voters overwhelmingly rejected the South Sewer Project on Saturday, they added their voices to a broadening concern about the Comox Valley Regional District’s sewerage strategy.
Consider: Some years ago, residents of the Saratoga-Miracle Beach area rejected a CVRD proposal for a system to replace private septic systems. The Village of Cumberland recently opted out of CVRD sewer planning. The SSP referendum went down, hard.
Also, a coalition of 10 Valley environmental groups, a group of affected residents and hundreds of individuals are pressing the CVRD sewage commission to halt plans for an unnecessary pump station on Beech Street. A large number of those folks turned out to a CVRD open house this week to express that view, and nearly a thousand people have signed their petition.
Such widespread resistance should mean something to the CVRD and the sewage commission.
So how will the CVRD respond, and where do we go from here?
Right now, people have lost confidence in the CVRD over sewerage. It’s credibility has been sullied by a history of bad decisions, citizen lawsuits and secretive negotiations — and by an approach that’s out of step with the response of other communities to a changing climate.
The South Sewer Project (SSP) failed for a number of reasons, but the result makes it clear that Valley voters don’t want a patchwork of sewerage systems.
Perhaps the decisive 79% (no) to 29% (yes) rejection of the SSP will jar the CVRD and its sewage commission into some fresh thinking. The failed referendum at least presses the pause button, and creates space for a new strategy to emerge.
That new strategy should encompass the entire Comox Valley. It should include the ideas of people outside the hunkered down CVRD office. It should not exclude people, or force infrastructure on neighborhoods that won’t benefit. It should be collaborative, transparent and inclusive.
It should be driven by a vision that the Valley can lead the province in sustainable wastewater management.
If the CVRD does that, it can win community support for a Valley-wide, state-of-the-art, all-overland sewerage system.
Of course, a single Comox Valley governing body could make this happen more quickly. Amalgamation could prevent a single region of the Valley — for example, the Town of Comox or Cumberland — from blocking solutions that benefit the greater Comox Valley. But that’s another topic.
For now, the CVRD has a new window of opportunity to accurately read the public mood and respond positivity.
A crowd of roughly 75 citizens peppered Comox Valley Regional District Senior Engineer Marc Rutten Jan. 17 with questions and angry statements at an open house about the HMCS Sewer Project.
At times the meeting threatened to spin out of control as residents shouted critical responses to Rutten’s remarks without being called on to speak.
A majority of the attendees appeared to reside in the Hawkins Road and Croteau Beach neighborhoods, where a new force main sewer pipe from the sea cadet facility on Goose Spit will wind through local roads enroute to connecting with Courtenay-Comox sewage pipes.
The route assumes the eventual construction of a new Comox #2 pump station to be built on a Beech Street lot, which is outside the Comox town boundary. If that pump station does not get built, then the Quadra pipe will have gone out of its way by a considerable distance, and at a much greater expense.
The Quadra route’s assumption of a new Comox pump station rankled many of those grilling Rutten during his presentation and follow-up question period. And that led to questions and critical statements about the Courtenay-Comox sewerage system, which is operated by the regional district.
Many residents argued that upgrading the Courtenay #1 pump station now, which has to be done in a few years anyway, would be cheaper in the long run.
“Why not take the longer view,” asked one resident.
Rutten tried to separate the two issues. He said that regardless of whether the Comox #2 pump station is built, the sewer pipe from Quadra would still need to be replaced.
Numerous residents responded by saying that was true, but the route of the pipe would be different, and it would not run through their neighborhood and close to many residents’ shallow wells.
They accused Rutten of being disingenuous and the Sewage Commission — made up of three Courtenay directors, three from Comox and a single CFB Comox representative — of bullying the neighborhood through a lack of communication and disrespect for their concerns.
The citizens also criticized Rutten for not considering other sewerage options for HMCS Quadra. Most of the year, fewer than 50 people work onsite. During peaks weeks of the summer, there can be nearly 1,000 cadets and staff, at the facility.
In response to a question about whether his engineering department considered other sewage treatment options, such as an onsite facility, Rutten said they did not.
He said there had been “no consideration of other options” than the one proposed.
The system designed by CVRD engineers will cost $1.78 million. Federal tax dollars will pay for the proposed system through the Department of National Defense budget.
But one of British Columbia’s most innovative designers of septic systems for residential and commercial properties, Jim Ripley of Turtle Tanks in Kelowna, has estimated the cost of a small bore sewer system for HMCS Quadra at around $250,000.
Ripley has not provided the CVRD with an official estimate nor did he have access to all of the HMCS Quadra data. He was roughly estimating the cost on numbers of users only at the request of Decafnation.
A small bore sewerage system would consist of a large septic tank and a small pump to move effluent through a small two-inch diameter pressure pipe into the Courtenay-Comox system. The small bore pipe could be slipped through the existing Quadra pipe, even though it is outdated for carrying wastewater directly.
Rutten called this option “not feasible,” but said he had no supporting data for his statement.
Small bore systems are used around the world, including Canada, to service entire villages. Ripley suggested a small bore system might also be applicable to connect Royston and Union Bay homeowners to the Courtenay-Comox system at a significantly lower cost.
Rutten started the meeting by explaining that HMCS Quadra sewage currently flows to the Comox Jane Place pump station via the town’s old outfall pipe. It was originally laid across Comox Bay in the mid-1960s and used to discharge the town’s sewage until the current Courtenay-Comox system became operational in 1985.
Many residents of Royston and Union Bay will vote tomorrow on whether to fund a new sewerage system to service their communities. This seemingly isolated decision will have a profound and long-term impact on the entire Comox Valley.
If voters approve this referendum, known as the South Sewer Project (SSP), they will create the Valley’s third separate sewerage system. The other two are the Courtenay-Comox system, also managed through the Comox Valley Regional District, and the system serving the Village of Cumberland.
On its website, the CVRD lists a fourth sewerage system for the Saratoga-Miracle Beach as a future initiative. In 2006, however, voters rejected the CVRD’s proposal for a wastewater management system for that area.
If the SSP moves ahead, it will lay more pipe in our estuaries and Baynes Sound, and commit the Valley to an uncoordinated sewerage system, perhaps forever. It will make it more difficult to achieve the ideal solution: a state-of-the-art Comox Valley-wide, all-overland sewerage system.
Of course, such an achievement would require Comox Valley jurisdictions to work together for the greater good. While that may not seem likely at the moment, it’s possible.
When the 13 municipalities and three electoral areas that comprise the Capital Regional District couldn’t agree on where to locate its new sewage treatment plant, Peter Fassbender, the minister for Community, Sport and Cultural Development, stepped in and formed a panel of experts to make the decision.
It’s not likely Fassbender would take a similar directive action here, but a nudge in the right direction could help.
Some people believe that such a major Valley-wide initiative could only happen if the municipalities amalgamate. Without allegiances to any individual community, a single governing body could focus on the entire Comox Valley.
But amalgamation presents a set of obstacles no less onerous than a Valley-wide sewerage system.
In the meantime, many failing septic systems in the Union Bay-Royston and Saratoga-Miracle Beach areas trickle untreated liquid waste into our waterways, and the Cumberland system adversely affects the Trent River watershed. The Courtenay-Comox system runs raw sewage through old pipes buried along the K’omoks estuary foreshore and pumps lightly treated wastewater into the Strait of Georgia.
So there’s an immediate benefit, albeit small, to approving the SSP. That plant would at least employ some of the modern technologies for sewage treatment. Its effluent would reach reclaimed water status, but would not be cleaned of pharmaceuticals or nitrates.
But does that advantage warrant spending tens of millions of dollars, putting miles of new pipe in our sensitive marine environment and most likely delaying the ultimate sewerage solution for many more decades?
Whatever voters decide tomorrow will have long-term consequences for all of us.
I’m done with deer.
On any given day, small herds of deer eat their way through local neighborhoods. They wander onto busy streets and stop traffic, sometimes with fatal results. They damage property, threaten people and pets, pose health risks and attract dangerous animals.
We call them “urban” deer, perhaps to trick ourselves into thinking they belong in our environment. Kind of like metrosexuals.
Why do we put up with this? If any other creature roamed our city streets with such brazen disregard for human existence, the phones of pest exterminators would ring off the hook.
Aren’t deer just rats with longer legs and better PR? Not so, for some people who see deer as lovable woodland creatures, like Bambi, and out of this misguided fantasy decide to feed them.
But gardeners lose thousands of dollars worth of plants to the voraciously hungry deer, and spend thousands more on fencing and other methods to deter them. Seiffert’s Farm lost so many crops to foraging deer that they fenced off their entire farm, at great expense.
“We need to make it socially unacceptable — just like littering.”
Other communities have mounted a variety of counter-offensives to send the deer high-tailing it out of town. So what is the Comox Valley doing?
Representatives for both the Town of Comox and the Comox Valley Regional District say neither entity has a bylaw against feeding deer, and have no plan to reduce the Valley’s urban deer population.
A CVRD representative said the deer are a provincial problem, but the B.C. Conservation Service and the Ministry of Forest, Lands and Resource Operations deny it. There is a B.C. law against feeding dangerous animals, and deer don’t qualify. The province will only help reduce urban deer populations if local governments request their assistance.
Everyone knows, or should know, that it’s harmful to feed wild animals. So let’s urge Comox Valley municipalities to pass laws that prohibit feeding deer, as Parksville, Nanaimo, Oak Bay and other B.C. communities have done.
Even the B.C. Society for the Prevention of Cruelty to Animals opposes feeding wildlife. They say feeding makes habituated wildlife more susceptible to predators and traffic collisions.
“We need to make it socially unacceptable — just like littering,” said the BC SPCA chief scientific officer.
There are myriad reasons why the Comox Valley should reduce its deer population.
Deer attract dangerous animals. Deer make up about 95 percent of a cougar’s diet, and are lured into the urban area by the easy prey of unwary deer. The area conservation officer confirmed frequent cougar sightings in the Valley.
School District 71 occasionally issues warnings about cougar sightings. Many parents who fear cougar attacks in rural and semi-rural areas stay with their kids until they board the school bus.
Letting the deer population go unchecked raises the risk of spreading Lyme disease and other tick-borne illnesses. While reported cases of Lyme disease are not as prevalent here as in the Lower Mainland and other areas, a high density of deer means more ticks and a greater risk.
Some B.C. communities are going beyond no-feeding bylaws to control their deer populations. Kimberly, a town of 10 square kilometers removed 200 deer in one cull. Cranbrook reduces its deer population by 20 to 25 annually.
A group of four Kootenay towns spent $100,000 to live-trap about 80 deer and relocated them to wilderness areas. But the experts we interviewed say this is a bad idea. Domesticated deer don’t survive long in an environment with more predators and less garden produce to snack on.
I only support culling wildlife as a method of last resort. But it would cost far less to cull the local deer population and donate the venison to Comox Valley food banks.
Whether to act, and how aggressively, depends on our community’s values. Is the current urban deer population socially acceptable? I join the chorus of those who say no.
But we’d better have this important policy debate. Because after we figure out how to manage the deer, there are about 80 gazillion feral bunnies hopping into our yards right behind them.