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Thursday, December 11, 1997

19971211 Kyoto Protocol

19971211 Kyoto Protocol

KYOTO PROTOCOL TO THE

UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE

December 11, 1997

The Parties to this Protocol,

Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as "the Convention",

In pursuit of the ultimate objective of the Convention as stated in its Article 2,

Recalling the provisions of the Convention,

Being guided by Article 3 of the Convention,

Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the

Conference of the Parties to the Convention at its first session,

Have agreed as follows:

Article 1

For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:

1. "Conference of the Parties" means the Conference of the Parties to the Convention.

2. "Convention" means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.

3. "Intergovernmental Panel on Climate Change" means the Intergovernmental Panel on Climate Change established in 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme.

4. "Montreal Protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.

5. "Parties present and voting" means Parties present and casting an affirmative or negative vote.

6. "Party" means, unless the context otherwise indicates, a Party to this Protocol.

7. "Party included in Annex I" means a Party included in Annex I to the Convention, as may be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of the Convention.

Article 2

1. Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall:

(a) Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:

(i) Enhancement of energy efficiency in relevant sectors of the national economy;

(ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments under relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation;

(iii) Promotion of sustainable forms of agriculture in light of climate change considerations;

(iv) Research on, and promotion, development and increased use of, new and renewable forms of energy, of carbon dioxide sequestration technologies and of advanced and innovative environmentally sound technologies;

(v) Progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments;

(vi) Encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol;

(vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector;

(viii) Limitation and/or reduction of methane emissions through recovery and use in waste management, as well as in the production, transport and distribution of energy;

(b) Cooperate with other such Parties to enhance the individual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2(e)(i), of the Convention. To this end, these Parties shall take steps to share their experience and exchange information on such policies and measures, including developing ways of improving their comparability, transparency and effectiveness. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facilitate such cooperation, taking into account all relevant information.

2. The Parties included in Annex I shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.

3. The Parties included in Annex I shall strive to implement policies and measures under this Article in such a way as to minimize adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmental and economic impacts on other Parties, especially developing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention. The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides that it would be beneficial to coordinate any of the policies and measures in paragraph 1(a) above, taking into account different national circumstances and potential effects, shall consider ways and means to elaborate the coordination of such policies and measures.

Article 3

1. The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.

2. Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.

3. The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human-induced land-use change and forestry activities, limited to afforestation, reforestation and deforestation since 1990, measured as verifiable changes in carbon stocks in each commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I. The greenhouse gas emissions by sources and removals by sinks associated with those activities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.

4. Prior to the first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol, each Party included in Annex I shall provide, for consideration by the Subsidiary Body for Scientific and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in subsequent years. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, decide upon modalities, rules and guidelines as to how, and which, additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to, or subtracted from, the assigned amounts for Parties included in Annex I, taking into account uncertainties, transparency in reporting, verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Technological Advice in accordance with Article 5 and the decisions of the Conference of the Parties. Such a decision shall apply in the second and subsequent commitment periods. A Party may choose to apply such a decision on these additional human-induced activities for its first commitment period, provided that these activities have taken place since 1990.

5. The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article. Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use an historical base year or period other than 1990 for the implementation of its commitments under this Article. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.

6. Taking into account Article 4, paragraph 6, of the Convention, in the implementation of their commitments under this Protocol other than those under this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Parties included in Annex I undergoing the process of transition to a market economy.

7. In the first quantified emission limitation and reduction commitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percentage inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period determined in accordance with paragraph 5 above, multiplied by five. Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon dioxide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.

8. Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride, for the purposes of the calculation referred to in paragraph 7 above.

9. Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period referred to in paragraph 1 above.

10. Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accordance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party.

11. Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accordance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party.

12. Any certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.

13. If the emissions of a Party included in Annex I in a commitment period are less than its assigned amount under this Article, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitment periods.

14. Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those identified in Article 4, paragraphs 8 and 9, of the Convention. In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs. Among the issues to be considered shall be the establishment of funding, insurance and transfer of technology.

Article 4

1. Any Parties included in Annex I that have reached an agreement to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3. The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.

2. The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their instruments of ratification, acceptance or approval of this Protocol, or accession thereto. The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement.

3. Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.

4. If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization, any alteration in the composition of the organization after adoption of this Protocol shall not affect existing commitments under this Protocol. Any alteration in the composition of the organization shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration.

5. In the event of failure by the Parties to such an agreement to achieve their total combined level of emission reductions, each Party to that agreement shall be responsible for its own level of emissions set out in the agreement.

6. If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization which is itself a Party to this Protocol, each member State of that regional economic integration organization individually, and together with the regional economic integration organization acting in accordance with Article 24, shall, in the event of failure to achieve the total combined level of emission reductions, be responsible for its level of emissions as notified in accordance with this Article.

Article 5

1. Each Party included in Annex I shall have in place, no later than one year prior to the start of the first commitment period, a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol. Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session.

2. Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Where such methodologies are not used, appropriate adjustments shall be applied according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.

3. The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session. Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appropriate, revise the global warming potential of each such greenhouse gas, taking fully into account any relevant decisions by the Conference of the Parties. Any revision to a global warming potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.

Article 6

1. For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units resulting from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that:

(a) Any such project has the approval of the Parties involved;

(b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur;

(c) It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and

(d) The acquisition of emission reduction units shall be supplemental to domestic actions for the purposes of meeting commitments under Article 3.

2. The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the implementation of this Article, including for verification and reporting.

3. A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions leading to the generation, transfer or acquisition under this Article of emission reduction units.

4. If a question of implementation by a Party included in Annex I of the requirements referred to in this Article is identified in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identified, provided that any such units may not be used by a Party to meet its commitments under Article 3 until any issue of compliance is resolved.

Article 7

1. Each Party included in Annex I shall incorporate in its annual inventory of anthropogenic emissions by sources and removals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of the Parties, the necessary supplementary information for the purposes of ensuring compliance with Article 3, to be determined in accordance with paragraph 4 below.

2. Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Convention, the supplementary information necessary to demonstrate compliance with its commitments under this Protocol, to be determined in accordance with paragraph 4 below.

3. Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning with the first inventory due under the Convention for the first year of the commitment period after this Protocol has entered into force for that Party. Each such Party shall submit the information required under paragraph 2 above as part of the first national communication due under the Convention after this Protocol has entered into force for it and after the adoption of guidelines as provided for in paragraph 4 below. The frequency of subsequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the preparation of the information required under this Article, taking into account guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also, prior to the first commitment period, decide upon modalities for the accounting of assigned amounts.

Article 8

1. The information submitted under Article 7 by each Party included in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the Conference of the Parties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below. The information submitted under Article 7, paragraph 1, by each Party included in Annex I shall be reviewed as part of the annual compilation and accounting of emissions inventories and assigned amounts. Additionally, the information submitted under Article 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.

2. Expert review teams shall be coordinated by the secretariat and shall be composed of experts selected from those nominated by Parties to the Convention and, as appropriate, by intergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties.

3. The review process shall provide a thorough and comprehensive technical assessment of all aspects of the implementation by a Party of this Protocol. The expert review teams shall prepare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the implementation of the commitments of the Party and identifying any potential problems in, and factors influencing, the fulfilment of commitments. Such reports shall be circulated by the secretariat to all Parties to the Convention. The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and review periodically thereafter, guidelines for the review of implementation of this Protocol by expert review teams taking into account the relevant decisions of the Conference of the Parties.

5. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Subsidiary Body for Implementation and, as appropriate, the Subsidiary Body for Scientific and Technological Advice, consider:

(a) The information submitted by Parties under Article 7 and the reports of the expert reviews thereon conducted under this Article; and

(b) Those questions of implementation listed by the secretariat under paragraph 3 above, as well as any questions raised by Parties.

6. Pursuant to its consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter required for the implementation of this Protocol.

Article 9

1. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientific information and assessments on climate change and its impacts, as well as relevant technical, social and economic information. Such reviews shall be coordinated with pertinent reviews under the Convention, in particular those required by Article 4, paragraph 2(d), and Article 7, paragraph 2(a), of the Convention. Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action.

2. The first review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Further reviews shall take place at regular intervals and in a timely manner.

Article 10

All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, without introducing any new commitments for Parties not included in Annex I, but reaffirming existing commitments under Article 4, paragraph 1, of the Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall:

(a) Formulate, where relevant and to the extent possible, cost-effective national and, where appropriate, regional programmes to improve the quality of local emission factors, activity data and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of national inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties, and consistent with the guidelines for the preparation of national communications adopted by the Conference of the Parties;

(b) Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change and measures to facilitate adequate adaptation to climate change:

(i) Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management. Furthermore, adaptation technologies and methods for improving spatial planning would improve adaptation to climate change; and

(ii) Parties included in Annex I shall submit information on action under this Protocol, including national programmes, in accordance with Article 7; and other Parties shall seek to include in their national communications, as appropriate, information on programmes which contain measures that the Party believes contribute to addressing climate change and its adverse impacts, including the abatement of increases in greenhouse gas emissions, and enhancement of and removals by sinks, capacity building and adaptation measures;

(c) Cooperate in the promotion of effective modalities for the development, application and diffusion of, and take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technologies, know-how, practices and processes pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective transfer of environmentally sound technologies that are publicly owned or in the public domain and the creation of an enabling environment for the private sector, to promote and enhance the transfer of, and access to, environmentally sound technologies;

(d) Cooperate in scientific and technical research and promote the maintenance and the development of systematic observation systems and development of data archives to reduce uncertainties related to the climate system, the adverse impacts of climate change and the economic and social consequences of various response strategies, and promote the development and strengthening of endogenous capacities and capabilities to participate in international and intergovernmental efforts, programmes and networks on research and systematic observation, taking into account Article 5 of the Convention;

(e) Cooperate in and promote at the international level, and, where appropriate, using existing bodies, the development and implementation of education and training programmes, including the strengthening of national capacity building, in particular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, in particular for developing countries, and facilitate at the national level public awareness of, and public access to information on, climate change. Suitable modalities should be developed to implement these activities through the relevant bodies of the Convention, taking into account Article 6 of the Convention;

(f) Include in their national communications information on programmes and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and

(g) Give full consideration, in implementing the commitments under this Article, to Article 4, paragraph 8, of the Convention.

Article 11

1. In the implementation of Article 10, Parties shall take into account the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9, of the Convention.

2. In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and through the entity or entities entrusted with the operation of the financial mechanism of the Convention, the developed country Parties and other developed Parties included in Annex II to the Convention shall:

(a) Provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph 1(a), of the Convention that are covered in Article 10, subparagraph (a); and

(b) Also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incremental costs of advancing the implementation of existing commitments under Article 4, paragraph 1, of the Convention that are covered by Article 10 and that are agreed between a developing country Party and the international entity or entities referred to in Article 11 of the Convention, in accordance with that Article.

The implementation of these existing commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among developed country Parties. The guidance to the entity or entities entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the Conference of the Parties, including those agreed before the adoption of this Protocol, shall apply mutatis mutandis to the provisions of this paragraph.

3. The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, financial resources for the implementation of Article 10, through bilateral, regional and other multilateral channels.

Article 12

1. A clean development mechanism is hereby defined.

2. The purpose of the clean development mechanism shall be to assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments under Article 3.

3. Under the clean development mechanism:

(a) Parties not included in Annex I will benefit from project activities resulting in certified emission reductions; and

(b) Parties included in Annex I may use the certified emission reductions accruing from such project activities to contribute to compliance with part of their quantified emission limitation and reduction commitments under Article 3, as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

4. The clean development mechanism shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism.

5. Emission reductions resulting from each project activity shall be certified by operational entities to be designated by the Conference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of:

(a) Voluntary participation approved by each Party involved;

(b) Real, measurable, and long-term benefits related to the mitigation of climate change; and

(c) Reductions in emissions that are additional to any that would occur in the absence of the certified project activity.

6. The clean development mechanism shall assist in arranging funding of certified project activities as necessary.

7. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, elaborate modalities and procedures with the objective of ensuring transparency, efficiency and accountability through independent auditing and verification of project activities.

8. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certified project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.

9. Participation under the clean development mechanism, including in activities mentioned in paragraph 3(a) above and in the acquisition of certified emission reductions, may involve private and/or public entities, and is to be subject to whatever guidance may be provided by the executive board of the clean development mechanism.

10. Certified emission reductions obtained during the period from the year 2000 up to the beginning of the first commitment period can be used to assist in achieving compliance in the first commitment period.

Article 13

1. The Conference of the Parties, the supreme body of the Convention, shall serve as the meeting of the Parties to this Protocol.

2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

3. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the implementation of this Protocol and shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Protocol and shall:

(a) Assess, on the basis of all information made available to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effects of the measures taken pursuant to this Protocol, in particular environmental, economic and social effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved;

(b) Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol;

(c) Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol;

(d) Facilitate, at the request of two or more Parties, the coordination of measures adopted by them to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol;

(e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions by the Conference of the Parties, the development and periodic refinement of comparable methodologies for the effective implementation of this Protocol, to be agreed on by the Conference of the Parties serving as the meeting of the Parties to this Protocol;

(f) Make recommendations on any matters necessary for the implementation of this Protocol;

(g) Seek to mobilize additional financial resources in accordance with

Article 11, paragraph 2;

(h) Establish such subsidiary bodies as are deemed necessary for the implementation of this Protocol;

(i) Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and

(j) Exercise such other functions as may be required for the implementation of this Protocol, and consider any assignment resulting from a decision by the Conference of the Parties.

5. The rules of procedure of the Conference of the Parties and financial procedures applied under the Convention shall be applied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

6. The first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the first session of the Conference of the Parties that is scheduled after the date of the entry into force of this Protocol. Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

7. Extraordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Conference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.

8. The United Nations, its specialized agencies and the International Atomic Energy

Agency, as well as any State member thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol as observers. Any body or agency, whether national or international, governmental or non-governmental, which is qualified in matters covered by this Protocol and which has informed the secretariat of its wish to be represented at a session of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so admitted unless at least one third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure, as referred to in paragraph 5 above.

Article 14

1. The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.

2. Article 8, paragraph 2, of the Convention on the functions of the secretariat, and

Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol. The secretariat shall, in addition, exercise the functions assigned to it under this Protocol.

Article 15

1. The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation established by Articles 9 and 10 of the Convention shall serve as, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol. The provisions relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol. Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol shall be held in conjunction with the meetings of, respectively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention.

2. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies. When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

3. When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.

Article 16

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the multilateral consultative process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the Parties. Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.

Article 17

The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, reporting and accountability for emissions trading. The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3. Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article.

Article 18

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, approve appropriate and effective procedures and mechanisms to determine and to address cases of non-compliance with the provisions of this Protocol, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compliance. Any procedures and mechanisms under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol.

Article 19

The provisions of Article 14 of the Convention on settlement of disputes shall apply mutatis mutandis to this Protocol.

Article 20

1. Any Party may propose amendments to this Protocol.

2. Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed amendment to this Protocol shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed amendments to the Parties and signatories to the Convention and, for information, to the Depositary.

3. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.

4. Instruments of acceptance in respect of an amendment shall be deposited with the Depositary. An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of acceptance by at least three fourths of the Parties to this Protocol.

5. The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

Article 21

1. Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

2. Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.

3. Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meeting of the Parties to this Protocol. The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Parties and signatories to the Convention and, for information, to the Depositary.

4. The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting. The adopted annex or amendment to an annex shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.

5. An annex, or amendment to an annex other than Annex A or B, that has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of the communication by the Depositary to such Parties of the adoption of the annex or adoption of the amendment to the annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex or amendment to the annex. The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which withdrawal of such notification has been received by the Depositary.

6. If the adoption of an annex or an amendment to an annex involves an amendment to this Protocol, that annex or amendment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force.

7. Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex B shall be adopted only with the written consent of the Party concerned.

Article 22

1. Each Party shall have one vote, except as provided for in paragraph 2 below.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to this Protocol. Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 23

The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 24

1. This Protocol shall be open for signature and subject to ratification, acceptance or approval by States and regional economic integration organizations which are Parties to the Convention. It shall be open for signature at United Nations Headquarters in New York from

16 March 1998 to 15 March 1999. This Protocol shall be open for accession from the day after the date on which it is closed for signature. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

2. Any regional economic integration organization which becomes a Party to this Protocol without any of its member States being a Party shall be bound by all the obligations under this Protocol. In the case of such organizations, one or more of whose member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and the member States shall not be entitled to exercise rights under this Protocol concurrently.

3. In their instruments of ratification, acceptance, approval or accession, regional economic integration organizations shall declare the extent of their competence with respect to the matters governed by this Protocol. These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

Article 25

1. This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emissions for 1990 of the Parties included in Annex I, have deposited their instruments of ratification, acceptance, approval or accession.

2. For the purposes of this Article, "the total carbon dioxide emissions for 1990 of the Parties included in Annex I" means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Article 12 of the Convention.

3. For each State or regional economic integration organization that ratifies, accepts or

approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.

4. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.

Article 26

No reservations may be made to this Protocol.

Article 27

1. At any time after three years from the date on which this Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depositary.

2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.

3. Any Party that withdraws from the Convention shall be considered as also having withdrawn from this Protocol.

Article 28

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

DONE at Kyoto this eleventh day of December one thousand nine hundred and ninety-seven.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated.

Annex A

Greenhouse gases

Carbon dioxide (CO2)

Methane (CH4)

Nitrous oxide (N2O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur hexafluoride (SF6)

Sectors/source categories

Energy

Fuel combustion

Energy industries

Manufacturing industries and construction

Transport

Other sectors

Other

Fugitive emissions from fuels

Solid fuels

Oil and natural gas

Other

Industrial processes

Mineral products

Chemical industry

Metal production

Other production

Production of halocarbons and sulphur hexafluoride

Consumption of halocarbons and sulphur hexafluoride

Other

Solvent and other product use

Agriculture

Enteric fermentation

Manure management

Rice cultivation

Agricultural soils

Prescribed burning of savannas

Field burning of agricultural residues

Other

Waste

Solid waste disposal on land

Wastewater handling

Waste incineration

Other

Annex B

Party Quantified emission limitation or

reduction commitment

(percentage of base year or period)

Australia 108

Austria 92

Belgium 92

Bulgaria* 92

Canada 94

Croatia* 95

Czech Republic* 92

Denmark 92

Estonia* 92

European Community 92

Finland 92

France 92

Germany 92

Greece 92

Hungary* 94

Iceland 110

Ireland 92

Italy 92

Japan 94

Latvia* 92

Liechtenstein 92

Lithuania* 92

Luxembourg 92

Monaco 92

Netherlands 92

New Zealand 100

Norway 101

Poland* 94

Portugal 92

Romania* 92

Russian Federation* 100

Slovakia* 92

Slovenia* 92

Spain 92

Sweden 92

Switzerland 92

Ukraine* 100

United Kingdom of Great Britain and Northern Ireland 92

United States of America 93

* Countries that are undergoing the process of transition to a market economy.

- - - - -

Wednesday, November 26, 1997

19371126 Carroll Theater Opened

Carroll Theater Opened

November 26, 1937

The 850 seat, air conditioned, art deco “Carroll Theatre”, ancestor of the Carroll Arts Center, opened Thanksgiving Day, November 26, 1937. Admission to the Carroll Theatre in 1937 was 25 cents for adults and fifteen cents for children.

The 10,500 sq. ft Carroll Arts Center is a great example of the adaptive re-use of one of only two existing examples of art deco architecture in Carroll County. Groundbreaking to renovate the old Carroll Theatre was held on a cold February 11th, 2002. The Carroll Arts Center opened April 4th, 2003.

“Carroll Theater Opened in 1937”

Carroll County Times Article for 29 July 2001

by Jay A. Graybeal

The Carroll County Arts Council’s redevelopment of the former Carroll Theatre on W. Main St. in Westminster opens a new chapter in the history of the building. The Art Deco style movie theater opened on Thanksgiving Day 1937; a highly detailed description of the building appeared in the November 26th issue of the Democratic Advocate newspaper:

“The modern Carroll Theatre opened to the public on Thanksgiving Day. This theatre is in all respects the most completely modern building in this city. The exterior presents an imposing picture in itself and the first story front is finished in black cerrara glass, and the second story in yellow tile brick. The ticket booth is also done in cerrara glass. There will be a store room on either side of the foyer, and each will be 17 feet wide, 25 feet long, with a four foot show window. The spacious lobby has a composition floor of terrazzo. An interesting feature of the lobby is a friese, on about a foot slant from the walk to the ceiling. This friese has a varicolored modernistic design and the design itself was originated by the architect, Oliver B. Wright. Another feature of the foyer is electrical signs which will be used to show the coming attractions. These signs will have a cardinal velvet backing, and a soft, indirect lighting effect.

The auditorium is spacious and artistic. The walls are completely finished in a rose off-shade with highly-glossed deeper rose at the bottoms. There is a deep rose panel at the top of the wall near the ceiling. A two-tone combination of baby and powder blue makes a striking effect, with a thin cream design. The leathered upholstered seats will be of mulberry color, and leather composition. There will be 850 seats. There is a large stage with a modernistic panel with the color effects around it. An especially made curtain and cyclorama will be used to diffuse the lighting effects, and apparently change the color of the curtain. A mix of brown design of harmonious colors will be placed. There will be lavatories and a ladies’ dressing room, fully furnished, also on the first floor.

The walls of the building will be fireproof. The second floor has five offices, eleven by twenty feet, all facing on Main street. These offices may be used as suites or separately. There are also lavatories on the second floor. The projection room is interesting. There are two large projection machines. An experienced operator will be in charge. Everything, even the door of the room, is fireproof. Next to the projection room is the managers’ office. This has an outlet into the theatre, so that at all times, he may inspect the pictures which are being shown. This theatre will be the only one in Westminster to have afternoon performances. These matinees will begin at 2 o’clock and the shows will run continuously. A fine array of pictures have been booked. The manager of the theatre will be Alvin Dohme, who is now residing on the Shriver property at Union Mills.”

The titles of the earliest films shown at the Carroll Theatre can be found in period newspaper advertisements. A December 3, 1937 ad in the Advocate announced the weekly schedule which included, Double or Nothing starring Bing Crosby and Martha Raye; The Life of the Party starring Joe Penner and others and The Lives of a Bengal Tiger starring Gary Cooper. Each showing also included shorts such as Charlie McCarthy in At the Races and newsreels. Admission to matinees was fifteen cents for adults and ten cents for children. Night showings cost adults a quarter; children still got in for a dime.

####

Sunday, September 21, 1997

18970921 Francis P. Church: “Yes Virginia There is a Santa Claus”

“Yes Virginia There is a Santa Claus”

From the Editorial Page of The New York Sun,

written by Francis P. Church, September 21, 1897

"Dear Editor--I am 8 years old.

"Some of my little friends say there is no Santa Claus.

"Papa says, 'If you see it in The Sun, it's so.'

"Please tell me the truth, is there a Santa Claus?

Virginia O'Hanlon

115 West Ninety-fifth Street

Virginia, your little friends are wrong. They have been affected by the scepticism of a sceptical age. They do not believe except they see. They think that nothing can be which is not comprehensible by their little minds. All minds, Virginia, whether they be men's or children's are little. In this great universe of ours man is a mere insect, an ant, in his intellect, as compared with the boundless world about him, as measured by the intelligence capable of grasping the whole of truth and knowledge.


Yes, Virginia, there is a Santa Claus. He exists as certainly as love and generosity and devotion exist, and you know that they abound and give to your life its highest beauty and joy. Alas! how dreary would be the world if there were no Santa Claus! It would be as dreary as if there were no Virginias. There would be no child-like faith then, no poetry, no romance to make tolerable this existence. We should have no enjoyment, except in sense and sight. The eternal light with which childhood fills the world would be extinguished.


Not believe in Santa Claus! You might as well not believe in fairies! You might get your papa to hire men to watch in all the chimneys on Christmas eve to catch Santa Claus, but even if you did not see Santa Claus coming down, what would that prove? Nobody sees Santa Claus, but that is no sign that there is no Santa Claus. The most real things in the world are those that neither children nor men can see. Did you ever see fairies dancing on the lawn? Of course not, but that's no proof that they are not there. Nobody can conceive or imagine all the wonders there are unseen and unseeable in the world.


You tear apart the baby's rattle and see what makes the noise inside, but there is a veil covering the unseen world which not the strongest man, nor even the united strength of all the strongest men that ever lived, could tear apart. Only faith, fancy, poetry, love, romance, can push aside that curtain and view and picture the supernal beauty and glory beyond. Is it all real? Ah, Virginia, in all this world there is nothing else real and abiding.


No Santa Claus! Thank God! he lives, and he lives forever. A thousand years from now, Virginia, nay, ten times ten thousand years from now, he will continue to make glad the heart of childhood.


####

18970921 Francis P. Church: “Yes Virginia There is a Santa Claus”

Monday, June 09, 1997

19970609 Mayor and Council meeting agenda for of June 9 1997

19970609 Mayor and Council meeting agenda for of June 9 1997

CITY OF WESTMINSTER, MARYLAND

Mayor and Council Meeting of June 9, 1997


A G E N D A

1. CALL TO ORDER - 7:00 P.M.

2. MINUTES OF THE MEETING OF MAY 12, 1997, AND BIENNIAL ORGANIZATIONAL MEETING OF MAY 19, 1997.

Presentation of Letter of Commendation to Police Officer Thomas J. Kowalczyk.

3. PUBLIC HEARING:

Public Hearing to receive comment on Zoning Map Amendment Case No. MA 95-1, requesting reclassification of the proposed 44.37-acre Union Ridge development from the R-10,000 Residential Zone to the PD-4 Planned Development Floating Zone.

4. CONSENT CALENDAR:

April Departmental Operating Reports, and the American Diabetes Association Walk-A-Thon fundraiser, to be held on September 13, 1997.

5. REPORTS FROM MAYOR

6. REPORTS FROM STANDING COMMITTEES

7. ORDINANCES AND RESOLUTIONS:

Introduction of Ordinance No. 619 changing the time of the Biennial Organizational Meeting from 7:30 p.m. to 7:00 p.m.

Introduction of Ordinance No. 620, revising procedure for impounding or immobilizing vehicles.

Suspend Rules of Order and Procedure to enact the following three Resolutions:

Resolution No. R97-3 supporting redevelopment of the Locust Street “Glass Building,” by Paradiso Restaurant.

Resolution No. R97-4 supporting construction of the new Fire Department building site on John Street.

Resolution No. R97-5 establishing Westminster as a designated community.

8. UNFINISHED BUSINESS:

a. Westminster Fire Company to present update on Building Fund.

(OVER)

CITY OF WEST­MINSTER, MARYLAND
Mayor and Council Meeting of June 9, 1997
A G E N D A (Continued)


9. NEW BUSINESS:

a. Confirmation of Mayoral Council Committee Appointments.

b. Request for handicapped parking spaces near Playground.

c. Cancel meeting of June 23, 1997, due to Maryland Municipal League Convention.

d. Acceptance of Assignment of Title for water main serving Griffith Auto Park.

e. Confirmation of Mayoral Appointment of Dennis Frazier to the Planning and Zoning Commission.

f. Auditor’s Engagement Letter for fiscal year ending June 30, 1997.

10. DEPARTMENTAL REPORTS

11. CITIZEN COMMENTS

12. ADJOURN
-2-

Tuesday, May 20, 1997

19970512 and 19970519 Westminster Council Meeting Minutes

19970512 and 19970519 Westminster Council Meeting Minutes

CITY OF WESTMINSTER, MARYLAND

May 12, 1997

QUORUM:

A meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of May 12, 1997, at 7:00 p.m. Mayor Yowan; Council President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Department Heads Beyard, Dutterer and Leppo; and City Attorney Walsh, were present.

MINUTES:

The Minutes of the meeting of April 28, 1997, and Budget Hearing of May 5, 1997, were approved, on Motion of Mrs. Albert, seconded by Mr. Halstad and duly passed.

BID:

The bid for a combined Phase I and II Archeological Investigation of the Fenby Farm Quarry and Lime Kiln Site, was awarded to Heritage Resources, Inc., in the amount of $28,551.00, on Motion of Mr. Chapin, seconded by Mrs. Albert and unanimously passed. The archeological investigation is necessary prior to the development of the site into an interpretative park. Both City staff and the Maryland Historical Trust, which must concur with the selection, felt the proposal of Heritage Resources, Inc., although not the lowest bid, was the bid that most suitably addressed the scope of work and purpose of the investigation. The City had appropriated $20,000.00 in the FY ‘95-96 Capital Budget and $2,000.00 of in-kind services, as matching funds towards a grant through the Maryland Historical Trust for the project.

REPORTS FROM MAYOR:

...Mentioned that he had talked, for three to four hours today, with Mr. Jerry Toadvine, a write-in candidate for the office of mayor in today’s election. He felt the discussions were very amicable and that they both found that the points they agreed on far exceeded those on which they disagreed.

...Acknowledged the presence of Mr. Steve Halstead, Assistant Scout Master, and members of Boy Scout Troop 381, who were observing the meeting to fulfill merit badge requirements.

REPORTS FROM STANDING COMMITTEES:

Public Safety:

Mr. Halstad announced that there were approximately 400 people in attendance at the Westminster Police Department’s ninth annual “Say No To Drugs” Awards Night held at Friendship Valley Elementary School, on May 8, 1997. Over 1,000 students participated in the contest, and he urged the Council to continue the commitment to this annual event.

Parks Board:

Mr. Pecoraro presented a recommendation from the Parks Board to permit the Westminster Optimist Club to locate a 20' x 20' prefabricated storage shed in the Jaycee Park on approximately the 50-yard line of the football field, in foul territory between softball fields 2 and 3, at the fence line. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed, the recommendation of the Parks Board was approved. The Optimist Club will be allowed to utilize the flat-roof structure for announcing purposes during their football games. Mr. John Meyer, from the Optimist Club, was in attendance at the meeting.

Mr. Pecoraro also reported that he had represented the City at the annual membership meeting of the Carroll County Arts Council held on May 10, 1997. Outgoing Executive Director, Hilary Hatfield, was recognized for her contributions to the community, over the past five years, on behalf of the Arts Council. The donation by Mrs. Dorothy Tevis of her home on Bond Street, for a future, permanent headquarters for the Arts Council, was also announced at the meeting. Mr. Chapin recommended that The Mayor and Council extend its official appreciation to Hilary Hatfield, as well, for the remarkable job she has done and the contributions she has made to the City while serving as Executive Director of the Arts Council.

Planning and Zoning Commission:

Mr. Chapin reported on the various topics of mutual interest that were discussed at the joint meeting of the County and City Planning and Zoning Commissions held on May 1, 1997, including the Master Sewer and Water Plan, with an interest by the County in extending these services to Finksburg, and better coordination of projects on the City/County border. At the May 8, 1997, meeting of the City’s Planning and Zoning Commission, Dr. Lester Surber, Supervisor of School Facilities for Carroll County, advised that the next high school to be built, which was planned for the Westminster area, may now be constructed in the South Carroll area. The expansion of the County Jail, to house an additional 120 inmates, was also discussed and whether such a facility should be located in an urban or rural area; however, it appears that the expansion will occur at the present site.

Mayor Yowan suggested that the scheduling of joint meetings of the two Planning and Zoning Commissions on a more frequent basis, would perhaps be beneficial. Mr. Chapin stated he suggested that the County work, also, through the local Carroll County Chapter of the Maryland Municipal League.

ORDINANCES AND RESOLUTIONS:

Mr. Pecoraro presented a proposal to reduce the proposed tax rate increase for FY 1997-98 from $0.06 to $0.05, which was a result of citizen input received at the Budget Hearing held on May 5, 1997. It is anticipated that a probable increase in Income Tax revenue will be sufficient to provide the funds that would have been generated by the additional $0.01 of tax rate increase. A Motion by Mr. Pecoraro to amend Tax Rate Ordinance No. 618 to reflect a $0.05 tax rate increase instead of a $0.06 tax rate increase was seconded by Mrs. Albert and duly passed, with voting recorded as follows:

Ayes - Mrs. Albert, Messrs. Halstad and Pecoraro
Nay - Mr. Chapin

Tax Rate Ordinance No. 618, as amended, which sets a tax rate of $0.88/$100.00, for FY 1997-98, was approved, on Motion of Mr. Pecoraro and seconded by Mr. Halstad, with voting recorded in the following manner:

Ayes - Mrs. Albert, Messrs. Halstad and Pecoraro
Nay - Mr. Chapin

On Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, the Rules of Order and Procedure were suspended to allow the simultaneous Introduction and Enactment of Resolution No. R97-2, which provides for a fee of $500.00 for the cost of appeals to the Board of Zoning Appeals from any decision made by an administration official. Thereafter, on Motion of Mr. Pecoraro, seconded by Mrs. Albert and unanimously passed, Resolution No. R97-2 was adopted, content of which follows:

RESOLUTION NO. R97-2

RESOLUTION of The Mayor and Common Council of Westminster

SUBJECT: Filing Fees for Application to Amend the Zoning Ordinance Text, and the Zoning Ordinance Map, and for Applications for Special Exceptions, Variances and Appeals from Administrative Officials

WHEREAS, Chapter 164 of the Code of the City of Westminster provides for the establishment by The Mayor and Common Council of Westminster of filing fees for applications to amend the Zoning Ordinance Text and the Zoning Ordinance Map, and for applications for special exceptions, variances, and appeals; and

WHEREAS, on January 25, 1993, The Mayor and Common Council adopted Resolution No. R93-1, establishing filing fees; and has subsequently revised said fees from time to time; and

WHEREAS, The Mayor and Common Council has determined that an adjustment should be made regarding appeals from orders, requirements, decisions, or determinations made by an administrative official with respect to Chapter 164 or relating thereto;

NOW, THEREFORE BE IT RESOLVED by The Mayor and Common Council that the following fees are established for filing applications for amendments to the Zoning Ordinance Text and Zoning Ordinance Map:

For applications for amendment of the Zoning Ordinance Text - $750.00

For applications for amendment of the Zoning Ordinance Map

For parcels of land 25 acres or less - $1,250.00

For parcels of land in excess of 25 acres - $1,250.00 plus $50.00 for each acre over 25

For parcels of land for which the Historic District Zone is sought - 0.00

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the following fees are established for filing applications for special exceptions, variances, and appeals from an administrative official’s order, requirement, decision or determination:

Applications for owner-occupied special exceptions - $250.00

Applications for special exceptions for day care facilities for up to eight (8) children or elderly persons - $250.00

Applications for all other special exceptions - $1,000.00

Applications for owner-occupied variances - $150.00

Applications for all other variances - $500.00

Appeals from any order, requirement, decision or determination made by an administrative official with respect to Chapter 164 or any ordinance adopted pursuant thereto - $500.00

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the Zoning Administrator is authorized to issue procedures for the payment of fees for applications for special exceptions.

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the fees established in this Resolution shall supersede and replace the fees adopted in Resolution Nos. R90-2, R90-9, R92-4, R93-1, and R96-2.


INTRODUCED this 12th day of May, 1997.


_____________________________
John D. Dudderar, Clerk

PASSED this 12th day of May, 1997.


_____________________________
John D. Dudderar, Clerk

APPROVED this 14th day of May, 1997.


_____________________________
Kenneth A. Yowan, Mayor

Approved as to legal form
and sufficiency this 1st
day of May, 1997.


_______________________________
John B. Walsh, Jr., City Attorney

UNFINISHED BUSINESS:

Mr. Pecoraro noted the change in the Income Tax revenue projection of the proposed FY 1997-98 General Fund Budget from $700,000.00 to $733,400.00. Thereafter, on Motion of Mr. Pecoraro, and seconded by Mr. Halstad, the General, Water and Sewer Fund Budgets, and Capital Improvements Program, were approved, with voting recorded as follows:
Ayes - Mr. Pecoraro, Mr. Halstad and Mrs. Albert
Nay - Mr. Chapin

Prior to the vote on the Motion, Mr. Chapin read a prepared statement that included his objection to an increase in the tax rate; his belief that increased revenues would be forthcoming from the County’s piggy-back tax hike and an increased amount that would be paid to the City through the County/City revenue payment; and his challenge to the Council that if taxes are raised for the sole purpose of repairing roads and making a contribution to the fire hall, and the necessary revenue to do so is generated elsewhere, that the excess revenues be refunded to the citizens.

NEW BUSINESS:

On Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, the Mayor and Council meeting of Monday, May 26, 1997, was cancelled due to the Memorial Day holiday.

The following “Statement Or Return of Election” was presented by Chief Election Judge, Nancy A. Smelser:

“STATEMENT OR RETURN OF ELECTION

To The Mayor and Common Council of Westminster:

We the undersigned Judges and Clerk of the Biennial Municipal Election, held in the City of Westminster, Maryland, on Monday, May 12, 1997, (between the hours of 7 o’clock A.M. and 7 o’clock P.M.) for the election of Mayor and two Council Members to serve as members of the Common Council for the City of Westminster for four years commencing on the Third Monday of May, 1997, do hereby certify that the polls were opened at 7 A.M. and closed at 7 P.M. on this 12 day of May, 1997, and that at said election the whole number of votes cast was 903 and of that number those cast for the candidates for the respective offices was and is as follows:

FOR MAYOR NUMBER OF VOTES

Kenneth A. Yowan 227
Jerry Toadvine 121

FOR COUNCIL MEMBERS NUMBER OF VOTES

Edward S. Calwell 268
Damian L. Halstad 287

And it appearing that Mayor Kenneth Yowan and Edward Calwell and Damian Halstad for Common Council received a majority of the votes cast, we the undersigned Judges and Clerk of the election, do hereby certify and proclaim that the aforenamed persons were duly and fairly elected to their respective offices for four years.

And it further appearing that Kenneth Yowan, Edward Calwell and Damian Halstad were the 3 candidates who received the highest number of votes cast for Mayor and Common Council we do hereby declare that they will hold office for the four years.

And we do further certify that the above statement is correct in all and every respect, and that notice has been given to the candidates of their election.

Witness our hands this 12 day of May, 1997

s/ Nancy A. Smelser

s/ Fred L. Plunkert

Chief Judges”

DEPARTMENTAL REPORTS:

Mr. Dutterer noted that as soon as the appropriate amendments are made to the Budget papers, he will distribute the revised copies.

Chief Leppo thanked Mr. Halstad for his attendance at the “Say No To Drugs” Awards Night which was very well attended, and many favorable comments were expressed by parents and other relatives who were present.

Mr. Beyard commented that the filming of the movie “For Richer or Poorer,” with Tim Allen and Kirstie Alley, in the downtown area on May 5 and 6, 1997, went well, thanks, primarily, to the efforts of Police Department and Public Works personnel. Numerous local merchants benefited from the filming since many items that were needed were purchased locally.

CITIZEN COMMENTS:

Ms. Patty Keener, downtown merchant, commented on how nice the town looked during the movie filming, with all of the flowers the film crew had planted which have since been removed, and requested that money be allocated to provide flower plantings to make the town as attractive as it was during the filming of the movie.

Mr. Jesse Lockard, Buena Vista Drive, stated that he felt that a property tax increase was not needed at this time.

Mr. Daniel Levasseur, who moved here two years ago from Boston, was opposed to bringing MTA bus service into Carroll County and Westminster because of the increase in crime that will come with it. Mayor Yowan responded that his suggestion to consider MTA commuter buses between Westminster and the Owings Mills Metro Station, perhaps from a Park and Ride Lot located on Route 140, was only presented for discussion purposes at the joint meeting of the County and City Planning and Zoning Commissions held on May 1, 1997. Mr. Pecoraro commented that with the State Legislature requirement of the Mass Transit Administration that 50% of the cost of operation come from rider fares, the chances of bus service becoming a reality are not likely.

Ms. Joan Dopson, Finksburg, stated her objections to MTA bus service coming into Carroll County.

Mr. Robert Cumberland, Westminster area resident, mentioned that many years ago there was a private bus service that operated between Westminster and Baltimore, and eventually, the service was discontinued due to lack of ridership. He is not in favor of MTA bus service, but realizes that because people complain about pollution and traffic congestion, other alternatives need to be looked at, also.
As Vice President of the Westminster Fire Department, Mr. Robert Cumberland advised that the membership of the Fire Department voted, at their May meeting, to leave the bell in the clock tower as had been requested in Mrs. Albert’s Memorandum dated April 22, 1997, if an agreement can be drafted granting the requests contained in his Memorandum dated May 12, 1997, which was presented to the Mayor and Council.

Mrs. Laurie Walters, Park Avenue, stated that she intends to contact the Board of Education in support of a new high school for the Westminster area, and encouraged the Mayor and Council to offer their support, as well. Mayor Yowan and Messrs. Halstad and Pecoraro clarified several questions regarding the tax rate increase, which she did not oppose, and the Budget preparation process.

Mr. Brian Hogan, Ruby Drive, felt that a high school is definitely needed in the Westminster area and that we need to put up a fight for it. Mayor Yowan advised that he would draft a strong letter to the Board of Education in support of a new high school for Westminster. Mr. Hogan also requested that the Election Committee provide better posted instructions with regard to write-in votes at future elections.

Mr. Jerry Toadvine, Buck Cash Drive, a write-in candidate for the office of Mayor in today’s election, complimented Mayor Yowan on the gentlemanly manner in which he conducted himself at the polls today. He questioned whether Mayor Yowan had objected to the extension of light rail to Westminster when it was mentioned at the joint meeting of the County and City Planning and Zoning Commissions on May 1, 1997. Mayor Yowan replied that he had not because it would be a very expensive alternative which he felt was not really a possibility.

Executive Director of Greater Westminster Development Corporation, Doug Mathias, invited everyone present to attend the Second Annual Business History Walk Tour to be held on Saturday, May 17, 1997, from 12:00 noon to 4:00 p.m.

ADJOURN:
The meeting was adjourned by the Council President at 8:35 p.m.


MARY ANN KELLY
Secretary

_____

CITY OF WESTMINSTER, MARYLAND

May 19, 1997

The Biennial Organizational Meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of May 19, 1997, at 7:30 p.m. Holdover members of the Legislative Body, Council Members Albert, Chapin and Pecoraro; newly re-elected Mayor Yowan, and Council Members Calwell and Halstad; Department Heads Beyard, Dutterer and Leppo; and City Attorney Walsh, were present.

Clerk of the Circuit Court of Carroll County, Larry W. Shipley, administered the Oath of Office to newly re-elected Mayor Yowan, and Council Members Calwell and Halstad.

On Motion of Mr. Chapin, seconded by Mr. Halstad, Mr. Calwell was nominated as President of the Council. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed, the nominations were closed and Mr. Calwell was declared Council President by acclamation.

Mr. Chapin was elected as Council President Pro Tem, on Motion of Mr. Halstad, seconded by Mr. Pecoraro and unanimously passed.
Mayor Yowan requested that Council Committee assignments be delayed until the next meeting of the Legislative Body, with the exception of Mr. Chapin’s appointment at this time as Council Liaison to the Town Center Corporation.

On Motion of Mr. Halstad, seconded by Mr. Chapin and unanimously passed, a closed meeting was scheduled to immediately follow the regular session, to consider a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice, as authorized in Sect. 10-508(a)(3) and (7) of the State Government Article of the Annotated Code of Maryland.

The closed meeting held at 7:50 p.m., immediately following the regular session, in City Hall, was attended by Mayor Yowan; President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Mr. Beyard and City Attorney Walsh. A unanimous vote authorized the meeting for the purpose of considering a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice. The action taken at the meeting was to request the extension of time on an Option Contract.

President Calwell adjourned the meeting at 7:40 p.m.

JOHN D. DUDDERAR
City Clerk

Westminster Dept Finance Budget 1997 - 1998 FY, Westminster Dept Finance Budget Tax Issues,
Westminster Council Meeting Minutes,

19970519 Westminster Mayor and Council Biennial Organization Meeting

19970519 Westminster Mayor and Council Biennial Organization Meeting

CITY OF WESTMINSTER, MARYLAND

May 19, 1997

The Biennial Organizational Meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of May 19, 1997, at 7:30 p.m. Holdover members of the Legislative Body, Council Members Albert, Chapin and Pecoraro; newly re-elected Mayor Yowan, and Council Members Calwell and Halstad; Department Heads Beyard, Dutterer and Leppo; and City Attorney Walsh, were present.

Clerk of the Circuit Court of Carroll County, Larry W. Shipley, administered the Oath of Office to newly re-elected Mayor Yowan, and Council Members Calwell and Halstad.

On Motion of Mr. Chapin, seconded by Mr. Halstad, Mr. Calwell was nominated as President of the Council. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed, the nominations were closed and Mr. Calwell was declared Council President by acclamation.

Mr. Chapin was elected as Council President Pro Tem, on Motion of Mr. Halstad, seconded by Mr. Pecoraro and unanimously passed.

Mayor Yowan requested that Council Committee assignments be delayed until the next meeting of the Legislative Body, with the exception of Mr. Chapin’s appointment at this time as Council Liaison to the Town Center Corporation.

On Motion of Mr. Halstad, seconded by Mr. Chapin and unanimously passed, a closed meeting was scheduled to immediately follow the regular session, to consider a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice, as authorized in Sect. 10-508(a)(3) and (7) of the State Government Article of the Annotated Code of Maryland.

The closed meeting held at 7:50 p.m., immediately following the regular session, in City Hall, was attended by Mayor Yowan; President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Mr. Beyard and City Attorney Walsh. A unanimous vote authorized the meeting for the purpose of considering a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice. The action taken at the meeting was to request the extension of time on an Option Contract.

President Calwell adjourned the meeting at 7:40 p.m.

JOHN D. DUDDERAR
City Clerk

Monday, May 12, 1997

19970512 Statement Or Return of Election

May 12, 1997 City of Westminster Statement Or Return of Election

The following "Statement Or Return of Election" was presented by Chief Election Judge, Nancy A. Smelser:

"STATEMENT OR RETURN OF ELECTION To The Mayor and Common Council of Westminster:

We the undersigned Judges and Clerk of the Biennial Municipal Election, held in the City of Westminster, Maryland, on Monday, May 12, 1997, (between the hours of 7 o'clock A.M. and 7 o'clock P.M.) for the election of Mayor and two Council Members to serve as members of the Common Council for the City of Westminster for four years commencing on the Third Monday of May, 1997, do hereby certify that the polls were opened at 7 A.M. and closed at 7 P.M. on this 12 day of May, 1997, and that at said election the whole number of votes cast was 903 and of that number those cast for the candidates for the respective offices was and is as follows:

FOR MAYOR NUMBER OF VOTES

Kenneth A. Yowan 227

Jerry Toadvine 121

FOR COUNCIL MEMBERS NUMBER OF VOTES

Edward S. Calwell 268

Damian L. Halstad 287

And it appearing that Mayor Kenneth Yowan and Edward Calwell and Damian Halstad for Common Council received a majority of the votes cast, we the undersigned Judges and Clerk of the election, do hereby certify and proclaim that the forenamed persons were duly and fairly elected to their respective offices for four years.

And it further appearing that Kenneth Yowan, Edward Calwell and Damian Halstad were the 3 candidates who received the highest number of votes cast for Mayor and Common Council we do hereby declare that they will hold office for the four years.

And we do further certify that the above statement is correct in all and every respect, and that notice has been given to the candidates of their election.

Witness our hands this 12 day of May, 1997

s/ Nancy A. Smelser s/ Fred L. Plunkert Chief Judges"

For more information:

History Westminster

####

Tuesday, October 01, 1996

19960900 The Five Most Dangerous Myths About Recycling

The Five Most Dangerous Myths About Recycling

Institute for Local Self-Reliance

2425 18th Street, NW · Washington, DC 20009

202-232-4108

bplatt AT ilsr.org

September 1996

MYTH #1: We can recycle only 25 to 30% of our solid wastes.(1)

FACT: Twenty five percent was considered a maximum level in 1985. Today it should be considered a minimum, not a maximum. By continuing to build the reuse, recycling, and composting infrastructure and integrating the best features from the best programs, local and state, the nation as a whole can achieve 50% recycling by 2005.

[…]

MYTH #2: Recycling is more expensive than trash collection and disposal.(8)

FACT: When designed right, recycling programs are cost-competitive with trash collection and disposal.

[…]

MYTH #3: Landfills and incinerators are more cost-effective and environmentally sound than recycling options.(15)

FACT: Recycling programs, when designed properly, are cost-competitive with landfills and incinerators, and provide net pollution prevention benefits. Recycling materials not only avoids the pollution that would be generated through landfilling and incinerating these, but also reduces the environmental burden of virgin materials extraction and manufacturing processes.

[…]

MYTH #4: Landfills are significant job generators for rural communities.(19)

FACT: Recycling creates many more jobs for rural and urban communities than landfill and incineration disposal options.

[…]

MYTH #5: The marketplace works best in solving solid waste management problems; no public-sector intervention is needed.(23)

FACT: The solid waste system has always operated under public sector rules and always will. Currently these rules encourage unchecked product consumption and disposal. Public-sector intervention is needed to shape a system in which materials are produced, used, discarded, and recovered efficiently. We need to change the rules so that disposal alternatives; source reduction, reuse, recycling, and composting, operate in a level playing field. Even after we level the playing field, favoring disposal alternatives makes sense because of its many community and public sector benefits.

Read the entire article here: The Five Most Dangerous Myths About Recycling

For questions or comments, contact:

Brenda Platt, Director, Materials Recovery, Institute for Local Self-Reliance

(Brenda Platt) bplatt AT ilsr.org

19960900 The Five Most Dangerous Myths About Recycling

_____

Tuesday, July 30, 1996

Westminster Common Council Minutes for July 8 2009

19960708 Council Minutes

CITY OF WESTMINSTER, MARYLAND
July 8, 1996

QUORUM:

A meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of July 8, 1996, at 7:00 p.m.

Mayor Yowan; President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Department Heads Beyard and Dutterer; Major Austin; and City Attorney Walsh, were present.

MINUTES:
The Minutes of the meeting of June 10, 1996, were approved as presented, on Motion of Mr. Pecoraro, seconded by Mr. Halstad and duly passed.

CONSENT CALENDAR:
On Motion of Mr. Pecoraro, seconded by Mrs. Albert and duly passed, the Consent Calendar was approved, consisting of May Departmental Operating Reports, and … ? …

BIDS:
Bare Truck Center, Inc., shall be awarded the Street Department Dump Truck Bid, on Motion of Mr. Pecoraro, seconded by Mr. Halstad and unanimously passed, based on their bid of $57,256.00. No other dealers submitted bids on the vehicle.

On Motion of Mrs. Albert, seconded by Mr. Halstad and unanimously passed, the Annual FY 1996-97 Roadway Paving Contract was awarded to Charles J. Miller, based on their low Base Bid of $137,512.50.

REPORTS FROM MAYOR:
Advised that R. Wayne Barnes, of Barnes-Bollinger Insurance Services, Inc., has consented to fulfill the remaining non-City position on the Westminster Town Center Board of Directors.

Noted the following arrangements in connection with the arrival of the Baltimore Ravens at Western Maryland College on July 15, 1996: daily shuttle-bus service to transport fans will be provided, the cost there of to be equally shared by the City and County; additional weekend shuttle service will be provided by the Maryland State Department of Transportation MTA buses; due to scheduling conflicts not allowing the participation of the Raven team members, the welcoming parade will not be held. An expenditure of up to $3,300.00 was authorized, from Unappropriated Surplus funds, on Motion of Mr. Pecoraro, seconded by Mr. Halstad and unanimously passed, to pay for the estimated one-half of the cost of daily shuttle-bus service.

REPORTS FROM COUNCIL MEMBERS:
Mr. Halstad commented favorably on the Music of the Shirelles, the first of the "A Month of Sundays Summer Concert Series" held on the City Playground; and further noted the interest shown by the Carroll County Public Library in utilizing the Post Office building when it is vacated in the future.

ORDINANCES:
The final enactment of Zoning Ordinance No. 612 was Moved by Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed. Adoption of the Ordinance constitutes favorable action on Zoning Ordinance Text Amendment No. TA 95-3, applied for by Taneytown Bank & Trust Company, to allow construction of a local bank branch.

NEW BUSINESS:
Mr. Thomas K. Ferguson, General Campaign Chair of the Westminster Fire Department Building Fund, presented a status report on the volunteer efforts to raise $1,530,000.00, to fund relocation of their operations to the new John Street site. One hundred community volunteers have solicited $725,000.00 in pledged contributions to date. Mr. Ferguson requested a donation from The Mayor and Council, which was referred to the Finance Committee for further deliberation.

The Legislative Body pledged their financial support of the building program, in recognition of the firefighters' valuable service to the community.

Mr. Robert Cumberland requested the use of the Diffendal Parking Lot, by the Westminster Fire Department, to host the Cumberland Valley Firefighters' Convention on August 23 and 24, 1996.

Thereafter, on Motion of Mr. Halstad, seconded by Mr. Pecoraro and unanimously passed, the request was granted, to include the all-day use of the Parking Lot on both days, and a parade to be held on Saturday, August 24th.

Town Planner Tucker presented the Third Amended Development Plan of the Carroll Lutheran Village subdivision. The Plan basically adds fifteen acres to the overall site, to accommodate the construction of additional Assisted Living facilities and Cottage Residences; and reaffirms the validity of previous agreements relating to the extension of Luther Drive and upgrading and improvements to Bell Road.

Thereafter, on Motion of Mr. Chapin, seconded by Mr. Pecoraro and unanimously passed, the Third Amended Development Plan of Carroll Lutheran Village was approved. Carroll Lutheran Village officials Geary Milliken, Terry Snyder, and Roy Chiavacci were present at the meeting.

CITIZEN COMMENTS:
Downtown property owner, David Max, requested to purchase fifteen temporary parking permits, for use of up to one year, on the metered Babylon Parking Lot.

The permits are for the benefit of American Red Cross employees that occupy the Winchester West building located at 56 West Main Street, and owned by Mr. Max. The parking permit request was referred to the Public Improvements Committee. Greater Westminster Development Corporation Executive Director, Douglas Mathias, distributed entries for "The Welcome Ravens Window Contest" promotion. Best judged business window with a football theme will be awarded free tickets to a Ravens' home game.

ADJOURMENT:

Council President Calwell adjourned the meeting at 8:15 p.m.

JOHN D. DUDDERAR

City Clerk

Kevin Dayhoff: www.westgov.net Westminster Maryland Online www.westminstermarylandonline.net http://kevindayhoffwestgov-net.blogspot.com/
Kevin Dayhoff www.kevindayhoff.net http://kevindayhoff.blogspot.com/

Monday, April 22, 1996

19960422 "The Happy Colors" The Dream of the Pink Zebras 04.22.1996 Binder # 15 v. #4.0095 07.1995 –

19960422 The Happy Colors Binder #15

19960422 "The Happy Colors" The Dream of the Pink Zebras 04.22.1996 Binder # 15 v. #4.0095 07.1995 –

http://kevindayhoff.blogspot.com/1996/04/19960422-happy-colors-dream-of-pink.html

"The Happy Colors" The Dream of the Pink Zebras 04.22.1996 Binder # 15 v. #4.0095 07.1995 – 04/22/1996

"Life has a value only when it has something valuable as its object". HEGEL, Introduction to Philosophy of History (1852)

"We love life, not because we are used to living but because we are used to loving". NIETZSCHE, "On Reading and Writing" _ Thus spoke Zarathustra (1883-1892)

"Always develop solutions to challenges that can withstand testing conditions that closely approximate reality". GRANDPA DAYHOFF, "The Frozen Chicken Test" (11.1994)

...of which reminds me of a story that has been in my head for years... a love story called:

"The Happy Colors"

© Kevin Dayhoff April 22, 1996

A sultry August ocean breeze drooled over them as they stood poised at the railing on the balcony of the large art-deco condominium overlooking a vast ocean beyond. Far below little people and cars scurried about putting away the remains of another day at the beach. The cries of tired children, squeals of laughter and the banter of parental instructions all jumbled together with the calls of the sea gulls and an ocean's heartbeat pumped waves that crashed upon the shore. It was music written by the Great Composer in the sky. A piece called "The Happy Colors".

The colors were to be remembered so well. The breeze ruffling her long hair ever so delicately. The sparkle of her eyes as she gazed at the deep azure expanse of the ocean below. The deep maroon of the setting sun as it echoed off her glass of red wine held so deftly in her seasoned, thoughtful fingers. A warm smile sprung from her inviting crimson lips, brightening her face which reflected the flickering yellow candle light. A lone white candle stood sentry, melting on to a black tablecloth that maintained the remains of abandoned china and dessert for two. The cream of her graceful gown mimicked the creamy black russian captured in the solid glass grasped in his deeply creased and weathered hands. His graying hair contrasted with the dark black of his finely tailored black tuxedo.

Their conversation drifted from the previous discussion of how they had met, and parted, in their childhood years. Perhaps they had even been lovers in a previous life. The years had marched by. And although they had lived separately for all these years, they had never left each other. They hadn't regretted their lives apart, but, then again, they did. Neither had known the other was to be at this function. This meeting again, for the first time, all over again; it was of serendipitous happenstance. As wave upon wave crashed and pounded upon the shore below, their eyes remained transfixed upon one another, oblivious to the party's banter, as their hearts crashed and pounded in unison in their warm chests. A grandfather clock dutifully stood sentry and watched the crowd beyond, and kept them away, as it quietly announced the time, seemingly, only to them...Midnight.

A stimulating intellectual discourse ensued. Alice B. Toklas was instrumental to whatever it was, that Gertrude Stein became. F. Scott Fitzgerald needed the catharsis of Zelda's being in order to create. Nietzsche fleshed out the paragraphs of their life but Hegel defined their meaning and Sartre gave them the punctuation. They had built their lives, their own way, and though they had had their shortcomings here and there, they were happy with the lives they had lived, albeit apart. They had made the best choices that they could make, not that they always had the criteria necessary in order to make the choices. They had made their choices in life because they had to make the choices. They had soared in hostile air. In a life of no inherent meaning, they had created a meaning. Their meaning. Now, older and wiser, the works that they had created, the thoughts they had promoted, the decisions they had made; were all the foundation of the work that laid ahead, that needed to be done.

They continued on to a poem that had marked their decisions in life, by a sage author they had long since forgotten....Does one build a fence at the top of the chasm of life or provide for an ambulance below?

At that, the handsome young waiter tentatively inquired about their needs.... They had none. Then again. Maybe one more drink before they left the party and parted company once again. To again do what they had to do. Because it is what it is, this life of their's.

"Yes, I'll have another black russian for me and a glass of red wine for the lady. Thank you".

The jazz quartet played a soft number in the background as the party in her honor grew quiet, reflecting about their chance meeting. Many smiled, some mused philosophically, others miffed jealously. Meanwhile, on the balcony, the lovers discussed their latest endeavors as they entwined in dance to the soft caresses of the music, oblivious to the quiet banter beyond.

They danced so softly together. Her hand ran longingly through his graying hair. Her long hair blowing across his eyes. The sun dipping below a wanting horizon. The sea gulls sang their good night praises of yet another great day in a great life.

The wise grandfather clock called to them that it was, indeed, time to go. They wanted this moment to never end. As the waiter appeared at the door of the balcony, as they held each others hand so tightly and gazed into each others eyes, as they whispered how much they were in lover and how glad they were that they had found each other again.

They a paused at the railing of the 17th floor and gazed into the sun's remains of the day and promised that they'd never part again... At that;


they climbed upon the railing, and jumped.


Grandpa Dayhoff 04.22.1996

"The more absurd life is, the more insupportable death is". JEAN-PAUL SARTRE, The Words (1964)

"Man's 'progress' is but a gradual discovery that his questions have no meaning". SAINT-EXUPERY, The Wisdom of the Sands (1948)

"Life has to be given a meaning because of the obvious fact that it has no meaning". HENRY MILLER, "Creative Death", The Wisdom of the Heart (1941)

"Man is the only animal for whom his own existence is a problem which he has to solve". ERICH FROMM, Man for Himself (1947)

To be an artist is to jump...to jump from the comforts and confines...from behind the railing...then experience the free-for-all-fall of the intellectual, artistic unknown and document the meaning, your own meaning that which you and you alone, give this existence.

This piece has been in my head for years. I have not a clue as to what "the jump" is all about. Perhaps I should have left "the jump" in my head, but I had grown tired of the space it was taking up. Perhaps, "the jump" is an existential artistic exercise and can be interpreted as affirming. Anyway, I've always gotten a kick out of the incongruous, Hemingway-twist ending. I guess I'm a bit worried that many will find this piece disturbing. Well, it is what it is. I think perhaps the piece is allegorical. It's art. It's done. Now I have room for another piece.....Mr. Eaton would have liked this I'll bet....

Grandpa Dayhoff 04.22.1996

"The Happy Colors" The Dream of the Pink Zebras 04.22.1996 Binder # 15 v. #4.0095 07.1995 –
Kevin Dayhoff, a slave to the masters of the page - the little soldiers in my life – words