Monday, February 24, 2014

Bob Makie's Last Letter

Bob Mackie, President, Niagara Landowners Association
3922 Zimmerman Road
Beamsville, ON  L0R 1B2
905-563-5852

December 5, 2013

Mr. D’Amario, P. Eng., CAO
Niagara Peninsula Conservation Authority
250 Thorold Road West; 3rd Floor
Welland, ON L3C 3W2


Mr. D’Amario:
            Re: NLA Response to NPCA New Floodplain Mapping along The Welland River

Please accept this letter from me, Bob Mackie, President of the Niagara Landowners Association and our 104 members, in response to the NPCA’s proposal for new floodplain mapping along the Welland River.
  An email was sent to performance.concepts@sympatico.com, on my behalf, on November 29, 2013.  In response we received an email, dated December 2, 2013, informing us of technical details of permanent failure.  We then forwarded the same email to you on Dec. 3, 2013.  We received an immediate response informing us that you are on vacation until Dec. 16, 2013.  Today, I am sending two NLA members to hand deliver the letter in person at your office, 250 Thorold Road West, 3rd Floor.  I trust that our letter will reach Todd MacDonald by Friday, December 6th, as that is the closing date for comment from the public.
 As President of the Niagara Landowners Association and Executive member of the Ontario Landowners Association, I am informing you that Niagara residents and our 104 members are against your proposal for new floodplain mapping along the Welland River, for the following reasons:
1.  We as landowners know that you Do Not have the authority to enter private property, without a warrant or an invitation.  In the Conservation Authorities Act, it states as it does in most of Ontario’s legislated Acts, you must acquire lands to exercise your authority, or enter into an agreement with the landowner.
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2.  Only 13% of Ontario’s land mass is owned privately.  Private Property, was granted by means of a Crown Instrument or Patent Grant.  This is the only way Crown Land can be transferred over to private ownership.  Once these lands were patented, the Crown Domain or Crown Control was removed.  Municipalities and the provinces get their authority from the Crown.   
 3.  The Municipalities and Niagara Region are Corporations. They can only create and enact by-laws for their own assets, that which belongs to the municipalities.  Conservation authorities are creatures of the municipality and their authority is limited under the Property Act.  Again, municipalities and the provinces get their authority from the Crown.
4.  The NPCA has a charitable status, there are limitations that apply when a group has a charitable status.
5.  According to an article in The Tribune, dated April 29, 2013, the water levels have never reached the level NPCA calculated, when it was mapped for floodplain in 1985.
6.  The OPG’s practice of drawing water from the Niagara River, using it to feed the Sir Adam Beck Hydroelectric Power Stations during certain times; causes the water fluctuation issue.  They are responsible for eroding the banks of the Welland River.  Make them accountable.  Don’t punish landowners by devaluing their properties with higher floodplain lines.
7.  The new mapping is not mandated by the province. The NPCA staff needs to be more accountable to the tax payers for their spending and hiring of new staff.
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8.    Money in your budget should be spent on planting trees and grasses, to stabilize the banks of the river.  This will stop erosion of the Welland river banks.
Thank you,
Bob Mackie, President, Niagara Landowners Association

Culture in Niagara

The dictionary defines the word culture as:
Civilization, Society, Mores, Traditions, Customs, Way of Life, Taste, Ethos

The word 'Culture' seems to mean different things  to different people

Culture in Niagara

    Of all the contests, in all the world, when did a talent contest become a vehicle to strip the contestants out of the ownership and commercial value of their talent?

    This is a time of austerity and difficulty for artists of every stripe, yet under the banner of culture our $100K 'Niagara Culture Committee' espouses concern for Niagara’s artists while they take ownership of the fruits of the artist’s efforts, for commercial use, simply by conducting an ‘arts contest.’

    It is the ‘Culture Committee’, which is funded by the Niagara taxpayer, that is claiming to be the guardians of Niagara Artists, or in this case photographic artists. It is the ‘Niagara Culture Committee’ that has misused their stated goals of promoting Niagara Arts.

    They have abused photographic artists and the struggling photography industry by taking possession of the proud artist’s images for 'their free commercial use’.

    Regional Councillor Carlos Garcia clarified our point with his Council chamber declaration that the ‘arts contest’ images will serve the Region well for commercial promotion.'

    So far the ‘Niagara Culture Committee’ has chewed up $100,000.00 on top of the cost of Niagara Regional bureaucracy just to do 110 willing photographers out of the ‘commercial value’ of their images for the free commercial use by our $800 million corporation!

    $100,000.00 for another new taxpayer funded ‘Committee’ and just like the tax burning NEDC, nothing for ‘Culture in Niagara’ and less for the arts or artists!

    Make no mistake, the Niagara taxpayer has paid far more than any professional photographer’s fee for an outcome that must be considered as far less than supportive of the art of photography or the photographic industry.

    This conduct is evidence enough that those making their living in any artistic endeavour must never rely on the ‘good intentions’ of those living comfortably off the avails of the Niagara Taxpayer.

    Missing in their directory of artisans is Millpond Studio of Photography. Two creative generations, talented EMPLOYEES and dozens of Protege have been ignored. see: Protege Program

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The Region was offered (at Cost) 200 copies of the ‘Portraits of Niagara’ coffee table book cover price $44.95 plus extras at less than bookstore wholesale

The Niagara Region's book was to include a personalized cover title line  to promote the  Niagara Region 

The Niagara Region's book was to include an extensive right-up copy on the inside flaps of the cover

The Niagara Region's book was to include feature copy along with the other participants throughout the book

The Niagara Region's book was to include a Biography of our region at the end of the images!
Total $3000.00 

 For the sum of $3,000.00 the region was also offered 'FREE' access and 'FREE' use of all the book’s images as well as hundreds of other images not featured in the book.

There are more commercially viable images in ‘Portraits of Niagara’ than the Region garnered for their $100K
PLUS there are hundreds of images on display in the ‘Images of Niagara’ Gallery at:                                             www.prestonhaskellphotographer.com
 
Our Niagara Regional Government opted to pay $100K for a Ponzi-like ‘Scheme’ yet turn down an expenditure of $3K to participate in over 20K coffee table books 'Portraits of Niagara' extolling the charms of Niagara world-wide garnering more value in the promotion of our Niagara Region than all the pamphlets of NEDC and 5 EDO’s combined!

The consequence of our Niagara Regional Government's actions, through its Cultural Committee, was the injury caused to the Profession of Photography. Professional Photographers, with their wonderful images of Niagara, have since closed their businesses, businesses which had supported commerce in our community! Some would-be Professional Photographers, also the creators of wonderful images of Niagara, will hesitate to open a studio, hire staff, pay taxes or support any of the myriad of minutia so vital in the make-up of our society.

The sacrifice made by the Profession of Photography might have been somewhat more palitable had the tax-payer saved on their tax burden. This scheme not only cost the tax-payer an inordinate amount of money but also caused immeasurable commercial damage, which Niagara can ill-afford.

In this modern era of enlightened knowledge and understanding it should be manifest that Culture, like Commerce and the Sciences, evolves over time and circumstance! It should also be understood that Culture, like Commerce and the Sciences, cannot be created by a magic wand or by directive from any untested theory-toting intellectual desires of a committee!

Millpond Studio of Photography, the Haskell Family, and 'Portraits of Niagara' defines private enterprise and proves what imagination and effort can do without Taxpayer funding!  

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CARFAC Ontario is the association of professional visual and media artists.
Founded in 1968, CARFAC (Canadian Artists' Representation/le Front des Artistes Canadiens) has worked for 40 years on the legal and economic issues facing visual artists. We believe that artists, like professionals in other fields, should be paid for their work and share equitably in profits from their art practice. The work of CARFAC Ontario is to develop policies, publications and services that assist artists, galleries, curators, art patrons, and other stakeholders in creating an economic climate that benefits all visual artists.
http://www.carfacontario.ca/
http://www.carfacontario.ca/~carfacon/ 

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 Region approves culture plan
POLITICS: Plan designed to make Niagara a 'cultural destination' in the province
Posted By MATTHEW VAN DONGEN, STANDARD STAFF
   
Regional council unanimously passed an arts and culture plan Thursday night designed to make Niagara a "cultural destination" in Ontario.
The plan, one of the first created by a regional government in the province, will make Niagara "a place to live, learn, visit and invest," said Rosemary Hale, who headed the culture committee behind the plan.
"This is a watershed moment for Niagara."
Hale outlined the four main "creative pillars" of the plan, which include economy, places, people and identity.
The dean of humanities at Brock University emphasized the plan will have a "major impact" on Niagara's economy.
Regional staff have previously said arts and cultural jobs account for close to 10% of regional employment.
"Creative people are at the heart of any prosperous community," said Hale, a major supporter of the Brock-St. Catharines partnership to bring a performing arts school and arts centre to the downtown.
She said the plan outlines steps the Region can take to promote cultural growth, which planners identified as a major tourist draw.
"What we're going to do is promote Niagara as a cultural destination," she said.
As part of the $100,000 plan, a consultant has already mapped thousands of regional arts and culture businesses and organizations.
The next step, now that the plan is approved, is for regional staff to report on opportunities to turn the sometimes-vague recommendations into action.
Some of the suggestions include more public art on regional property, improved advertising of Niagara's arts organizations, festivals and businesses, and helping far-flung arts organizations across Niagara work more closely together.
Regional Chairman Peter Partington praised the plan, calling culture "a major driver in Niagara ... that helps build our quality of life."
St. Catharines Regional Coun. Carlos Garcia said he was excited about the plan's potential, arguing cultural and heritage tourism is "the fastest-growing tourism segment" in the province right now.
Several other councillors also called the effort progressive.
Local photographer Preston Haskell, however, made a presentation to councillors before the vote arguing against "culture bureaucracy" and criticizing a Region-sponsored photo contest because participants aren't paid.
Partington eventually ruled the presentation out of order, citing "unfounded allegations."
Council passed the plan unanimously.
To see the culture plan, visit www.niagararegion.ca.

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 Culture Committee
• Minutes • Upcoming Meetings • Terms of Reference • Contact
MANDATE:
The Culture Committee was established by the Regional Municipality of Niagara as an advisory body. These terms of reference provide further clarity on the mandate and were prepared by the Founding Arts, Culture and Heritage Task Force.
GOALS/PURPOSE
1.    To advise the Regional Municipality of Niagara regarding ways to enhance arts, culture and heritage in the fulfillment of its responsibility to its citizens.
2.    To act as advocates on behalf of the arts, heritage and cultural sectors.
3.    To develop a Cultural Policy and Strategy that is endorsed by Regional Council.
Progress Update and Future Directions: Culture Committee – Report DPD 107-2006
March 26, 2007 Focus Group Session 

Culture Committee - Terms of Reference
• Minutes • Terms of Reference • Contact
TERMS OF REFERENCE
for the Niagara Regional Culture Committee
It is recognized that Niagara has robust arts, culture and heritage sectors that can best serve our residents and contributes to a strong regional identity when supported in policy and in practice. In response, Regional Council has identified the need to focus on arts, culture and heritage as key components of an overall Niagara-wide community and economic development strategy.
MANDATE:
The Culture Committee is an established by the Regional Municipality of Niagara as an advisory body. These terms of reference provide further clarity on the mandate and were prepared by the Founding Arts, Culture and Heritage Task Force.
GOALS/PURPOSE
1.    To advise the Regional Municipality of Niagara regarding ways to enhance arts, culture and heritage in the fulfillment of its responsibility to its citizens.
2.    To act as advocates on behalf of the arts, heritage and cultural sectors.
3.    To develop a Cultural Policy and Strategy that is endorsed by Regional Council.
In order to realize these goals, the committee seeks to achieve the following:
•    Establish an ongoing analysis of all cultural assets in the region, utilizing pre-existing databases, assessments and mapping where possible;
•    Assess the need for public presentations on the capacity of the arts, culture and heritage communities of Niagara in order to articulate the potential for leveraging these assets towards community and economic development. (If/where necessary, establish a case for support that is Niagara specific ;)
•    Develop a Regional Cultural Policy and Strategy that will:
o    identify the role of the arts, culture and heritage sectors in the mandate of the Region;
o    assess how best to leverage opportunities identified within the cultural sector;
o    articulate the role of the arts, culture and heritage sectors as one of the four pillars of a healthy, sustainable community;
o    assess cultural facility needs in the region;
o    explore links between arts, culture and heritage with other sectors and industries, including but not limited to business, education, health and social services;
o    identify ways of building regional, provincial and national recognition for Niagara's diverse regional festivals, cultural facilities, events and activities;
o    assess the potential for leveraging cross-border cultural assets and opportunities;
Principles of Committee and its Work
The Committee seeks to undertake its work within a collaborative and inclusive environment and will:
•    maximize the opportunity for collaboration and partnership among various arts, culture and heritage sectors;
•    engage the community in the process;
•    acknowledge the importance of access to the arts for all of Niagara’s residents;
•    acknowledge the importance of cultural diversity;
•    ensure that all geographic areas of the region are served in the development and implementation of the policy;
•    evaluate progress and review goals on a regular basis, following the term of Council;
Composition:
The Culture Committee shall be comprised of the following voting members up to a maximum of 15-18 members:
i.    Up to three members of Regional Council to act as champions for arts, culture and heritage;
ii.    14-17 members who are citizen volunteers
Criteria applied to Regional Council’s appointment of citizen volunteers include: professional artists, craftspersons, volunteers, members of the business community, professional cultural or heritage workers, patrons, geographic distribution, and others as deemed appropriate. The term of membership shall be coincidental with the term of Council and the membership shall be approved by Council in accordance with the membership requirements in the Terms of Reference.
Officers:
A chairperson and vice-chairperson will be elected from Committee members on an annual basis at the first meeting of the new year to preside over meetings and Committee business.
Administrative Support:
The Committee will receive administrative support similar to the support provided for other Committees of Council. This will include recording of minutes, and staff support with meeting preparation.
The Committee will receive staff technical support for tasks and projects initiated by the Committee.
Meetings:
The Committee shall meet at least four times per year and may meet more frequently. Seven members of the current membership shall constitute a quorum. Meetings will be open to the public.
Committee meetings will be governed by Niagara Region’s By-law No. 7174-93: A By-law for governing the proceedings of the Regional Council and its Committees, the Conduct of its Members and the Calling of Meetings, as amended.
The Committee may, as it deems appropriate and desirable to carry out its mandate, create working groups.
Agenda and Minutes:
Staff will prepare Committee meeting agendas with input from the Chair and Committee members.
Committee meeting minutes will be prepared by staff and forwarded to each Committee member at least five days prior to the meeting at which the minutes are to be adopted. Members will advise staff in advance of any amendments that they believe are required to the minutes. Staff will then submit the minutes to Council for approval. The Chair may grant requests for discussion of items not on the agenda.
Amendments to the Terms of Reference:
Proposals to amend the Terms of Reference shall require approval by a majority of the Committee members present. Proposed amendments to the Terms of Reference shall be submitted to Council through Council for approval and shall take effect only upon the approval of Council.








Winston Churchill - Fight

“If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival.

There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.”
                                                                           ― Winston Churchill