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Ilyos Mamadzhanov
Илёс Мамаджанов
Tadschikistan/Tajikistan
Die absolute Konzentration auf die Form, die Ästhetik der Details und die intensiven Farbvariationen sind charakteristisch für Ilyos Mamadzhanovs Kunstwerke. Im Gegensatz dazu demonstriert er eine relative Indifferenz gegenüber einer Handlung. Inspiriert durch klassische persische Poesie zeigen seine Werke die Momente der Wahrnehmung, in denen der Gegenwart eine besondere Bedeutung zukommt und das Morgen keine Rolle spielt.
Complete devotion to a form and the intense colour variations is characteristic of Ilyos Mamadzhanov's artwork. In comparison, he demonstrates a relative indifference towards a storyline, content and aesthetic of details. Inspired by classical Persian poetry, his works show those moments of perception where a special significance is given to a sense of presence and tomorrow plays no role.
*1977 in Duschanbe. 2002 Abschluss an der Staatlichen Kunsthochschule Tadschikistan. Lebt und arbeitet in Tadschikistan.
*1977 in Dushanbe. Graduated from Tadjikistan State Fine Art School in 2002. Lives and works in Tadjikistan. www.mehran-contemporary.de
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KAUAI PLANNING COMMISSION REGULAR MEETING
Tuesday, February 24, 2015
9:00 a.m. or Soon Thereafter Līhu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawai'i
AGENDA
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting(s) of the Planning Commission
1. Meeting of January 13, 2015
2. Meeting of January 27, 2015
E. RECEIPT OF ITEMS FOR THE RECORD
F. HEARINGS AND PUBLIC COMMENT (Noticed hearings will not commence until 9:00 a.m. or soon thereafter.) Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony shall also be accepted when the agenda item is taken up by the Commission. However if an individual has already testified during this period, additional testimony at the agenda item testimony may be allowed at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site.
1. Continued Agency Hearing
a. Class IV Zoning Permit Z-IV-2015-8, Project Development Use Permit PDU2015-7, Variance Permit V-2015-1 and Special Management Area Use Permit SMA(U)-2015-6 to permit repair and reconstruction of the former Coco Palms Resort including but not limited to: 350 hotel units, Lotus Restaurant and Flame Room Bar, the Lobby Building, the Commercial Building, three swimming pools, Queen's Audience Hall, the Palms Lanai, Sea Shell Restaurant, Chapel in
F. HEARINGS AND PUBLIC COMMENT (Cont'd)
1. Continued Agency Hearing (Cont'd)
a. the Palms, 2 of 4 Bridge Crossings; the construction of a new Utility & Maintenance Building and a new Queen Lagoon Building into a spa and gym facility on the site of the previously demolished structure. The project is situated in Wailua and located at 04-241 Kuhio Highway, further identified as Tax Map Keys 4-1-003: 004 (por.), 005, 007, 011, and 017 and 4-1-005: 014 and 017, and containing a total area of approx. 28.523 acres = Coco Palms Hui, LLC. [Director's Report received 1/13/15, Supplemental No. 2 Director's Report received 1/27/15, Supplemental No. 3 Director's Report on 2/10/15 agenda.]
1. Supplemental No. 3 Director's Report pertaining to this matter.
3. Letter (2/10/15) from Myles Miyasato, Senior Compliance Officer, Hawaii Operating Engineers Industry Stabilization Fund.
2. Letter (2/9/15) from Dirk N. Soma, Coco Palms Cultural Advisory Committee.
2. New Agency Hearing
a. Class IV Zoning Permit Z-IV-2015-12 and Use Permit U-2015-11 to operate a self-storage facility and resource recovery facility for construction materials within the Nawiliwili Bulk Sugar Building in Nawiliwili, situated along the makai side of Niumalu Road and approx. 350 ft. south of its intersection with Nawiliwili Road, further identified as 2670 Niumalu Road, Tax Map Key (4) 32-005: 009, and affecting a parcel approx. 3.454 acres in size = Island SelfStorage, LLC. [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
b. Class IV Zoning Permit Z-IV-2015-11 and Use Permit U-2015-10 to operate a communications facility within the existing Waimea Baptist Church located in Waimea Town, situated along the mauka side of Kaumualii Highway and its intersection with Waimea Canyon Drive, further identified as 9611-A Kaumualii Highway, Tax Map Key (4) 1-6-009: 001, and affecting a parcel approx. 13,253 sq. ft. in size = Waimea Baptist Church. [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
3. Continued Public Hearing (NONE)
4. New Public Hearing
a. To consider, pursuant to Section 91-3, and Chapter 205A Hawai'i Revised Statutes, amendments to the Special Management Area Rules of the County of Kauai regarding the adjustment of administrative fees for Use permits and the addition of administrative fees for minor permits = County of Kauai, Department of Planning.
1. Director's Report pertaining to this matter.
F. HEARINGS AND PUBLIC COMMENT (Cont'd)
4. New Public Hearing (Cont'd)
b. Zoning Amendment ZA-2015-4 : A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, to establish a process to permit Homestays in the Commercial Districts, Resort Zoning Districts and Residential Zoning Districts = County of Kauai, Department of Planning.
1. Director's Report pertaining to this matter.
5. All remaining public testimony pursuant to HRS 92 (Sunshine Law)
G. CONSENT CALENDAR
1. Status Reports
a. 2014 Annual Status Report for Special Management Area Use Permit SMA(U)2006-5, Project Development Use Permit PDU-2006-7 and Class IV Zoning Permit Z-IV-2006-10, Tax Map Key 4-3-007: 027, Waipouli, Kauai – Coconut Plantation Owners, LLC (formerly Coconut Plantation Holdings, LLC). [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
b. 2014 Annual Status Report for Project Development PDU-2013-15, Class IV Zoning Permit Z-IV-2013-7, Use Permit U-2013-14, Special Permit SP-2013-5, Tax Map Key 5-2-013: 001, Kilauea, Kauai – The Resonance Project Foundation. [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 2/24/15.
a. Class IV Zoning Permit Z-IV-2015-12 and Use Permit U-2015-11 to operate a self-storage facility and resource recovery facility for construction materials within the Nawiliwili Bulk Sugar Building in Nawiliwili, situated along the makai side of Niumalu Road and approx. 350 ft. south of its intersection with Nawiliwili Road, further identified as 2670 Niumalu Road, Tax Map Key (4) 32-005: 009, and affecting a parcel approx. 3.454 acres in size = Island SelfStorage, LLC. [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
b. Class IV Zoning Permit Z-IV-2015-11 and Use Permit U-2015-10 to operate a communications facility within the existing Waimea Baptist Church located in Waimea Town, situated along the mauka side of Kaumualii Highway and its intersection with Waimea Canyon Drive, further identified as 9611-A Kaumualii Highway, Tax Map Key (4) 1-6-009: 001, and affecting a parcel approx. 13,253 sq. ft. in size = Waimea Baptist Church. [Director's Report on 2/10/15 agenda.]
1. Director's Report pertaining to this matter.
3. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 3/10/15. (NONE)
H. EXECUTIVE SESSION
1. Pursuant to Hawaii Revised Statutes Sections 92-5(a)(2 and 4), the purpose of this executive session is to discuss matters pertaining to the evaluation of the Planning Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director.
I. GENERAL BUSINESS MATTERS
1. Time Extension Request regarding Special Management Area Use Permit SMA(U)2014-4 to complete the project, Tax Map Key 2-8-018: 033, Poipu, Kauai = Nadine M. Rosenberger Trust. [Director's Report on 2/10/15 agenda.]
a. Director's Report pertaining to this matter.
2. Class IV Zoning Permit Z-IV-2015-9, Use Permit U-2015-8 and Special Management Area Use Permit SMA(U)-2015-7 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the eastern side of Alamihi Road in Wainiha, situated approx. 300 ft. mauka of its intersection with Kuhio Highway, further identified as 7083 Alamihi Road, Tax Map Key 5-8012: 022, and containing a total area of 11,827 sq. ft. = Kirby B. Guyer/Milton Searles. [Petition to Intervene by Petitioners Caren Diamond and Barbara Robeson (1/7/15) and Planning Department's Memorandum in No Opposition to Caren Diamond and Barbara Robeson's Petition to Intervene (1/7/15), rec'd 1/13/15; Letter from Jonathan Chun, Esq., requesting Commission's Reconsideration of its decision to approve the petition to intervene by Petitioners Caren Diamond and Barbara Robeson and Update of Hearings Officer deferred 1/27/15.]
a. Letter (2/13/15) from Harold Bronstein, Attorney for Intervenors Caren Diamond and Barbara Robeson.
b. Michael A. Dahilig, Director Department of Planning, County of Kauai, Statement of No Position on Reconsideration of Caren Diamond and Barbara Robeson's Petition to Intervene (2/13/15).
3. Six-year Capital Improvement Program Report Presentation.
a. Director's Report pertaining to this matter.
4. Request for extension of Class IV Zoning Permit Z-IV-2008-5, Use Permit U-2008-3 and Special Permit SP-2008-2, Tax Map Key 1-8-001: 001, for an additional two (2) years to permit helicopter landings at Manawaiopuna Falls, Hanapepe Valley, Kauai = Island Helicopters.
a. Director's Report pertaining to this matter.
J. COMMUNICATION (For Action)
1. Letter (1/21/15) from Daniel G. Hempey and Gregory H. Meyers, Attorneys for Appellant-Plaintiff Lee Unkrich & Laura Century Trust, requesting to set a Contested Case Hearing in the matter of Stipulation for Remand to the Planning Commission for Hearing and Order re TVNC #4311, Tax Map Key 5-2-4: 64 (1), Kilauea, Kauai.
K. COMMITTEE REPORTS
1.
Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached).
L. UNFINISHED BUSINESS (For Action)
1. Sixth Annual Status Report for Special Management Area Use Permit SMA(U)2008-05, Use Permit U-2008-4, Class IV Zoning Permit Z-IV-2008-6, Tax Map Key 5-2-012: 035, Kilauea, Kauai = Charles Somers, as Trustee of the Charles Somers Living Trust dated November 12, 2002 and West Sunset 32 Phase 1, LLC, a California Limited Liability Company. [Director's Report received 1/13/15.]
1. Supplemental No. 1 Director's Report pertaining to this matter.
2. Class IV Zoning Permit Z-IV-2015-10, Use Permit U-2015-9 and Special Permit SP2015-2 to conduct agricultural educational programs and tours within a parcel located along the mauka side of Olohena Road in Kapaa Homesteads, situated approx. ½ mile mauka of its intersection with Waipouli Road, further identified as 5730 Olohena Road, Tax Map Key 4-4-03: 045, and affecting approx. 8.654 acres of a larger parcel = Steelgrass Farm, LLC. [Director's Report received 12/9/14.]
a. Supplemental No. 1 Director's Report (2/17/15).
c. Letter (1/12/15) from Steven S. Dick Jr.
b. Letter (1/22/15) from Walton Hong, Esq.
d. Letter (1/3/15) from Douglas Cheeseman.
f. Letter (1/23/15) from John Kress.
e. Letter (1/12/15) from Joseph & Annette Denbeau.
g. Letter (1/15/15) from Jim & Lynelle Hughes.
M. NEW BUSINESS
1. For Action – See Agenda F for Project Descriptions
N. ANNOUNCEMENTS
1. Topics for Future Meetings
2. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihue Civic Center, Moikeha Building, Meeting Room 2A2B, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, March 10, 2015.
O. ADJOURNMENT
EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes ("H.R.S."), without noticing the executive session on the agenda where the executive session was not anticipated in advance. HRS Section 92-7(a). The executive session may only be held, however, upon an affirmative vote of two-thirds of the members present, which must also be the majority of the members to which the board is entitled. HRS Section 92-4. The reason for holding the executive session shall be publicly announced.
NOTE: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Lihue, Hawaii 96766. Telephone: 241-4050
KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Hawaii 96766
Tuesday, February 24, 2015, 8:30 A.M.
AGENDA
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting(s) of the Subdivision Committee
1. Meeting of January 27, 2015
2. Meeting of February 10, 2015
E. RECEIPT OF ITEMS FOR THE RECORD
1. Communication from Deputy Planning Director, Dee Crowell, requesting reconsideration of Tentative Subdivision Approval for subdivision application:
a. Subdivision Application No. S-2015-07 (Property Development Centers, LLC.)
TMK: (4) 3-3-003:046
Līhu'e, Puna, Kaua'i
Proposed 11-lot Subdivision
F. HEARINGS AND PUBLIC COMMENT
Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony may also be accepted when the agenda item is taken up by the Commission at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site.
G. GENERAL BUSINESS MATTERS (For Action)
1. Tentative Subdivision Action (If Request for Reconsideration is Granted)
a. Subdivision Application No. S-2015-07
Proposed 11-lot Subdivision
(Property Development Centers, LLC.)
TMK: (4) 3-3-003:046
Līhu'e, Puna, Kaua'i
1. Supplemental # 1 to Subdivision Report.
H. UNFINISHED BUSINESS
I. NEW BUSINESS (For Action)
1. Final Subdivision Action
a. Subdivision Application No. S-2006-27
Proposed 30-lot subdivision
(Grove Farm Properties, Inc.)
TMK: (4) 3-3-003: 041 por.
Lihue, Puna, Kauai
1. Subdivision Report pertaining to this matter.
J. ADJOURNMENT
NOTE: Special accommodations and sign language interpreters are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite A473, Līhu'e, Hawai'i 96766. Telephone: (808) 241-4050.
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ANHALTEMODUL SEITLICH ST-600
FUNKTION
Mit dem Anhaltemodul können die Werkstückträger auf der Transportkette an einer beliebigen Stelle angehalten werden. Dazu wird mit einem Kurzhubzylinder der Anhaltebolzen zum Stoppen der Werkstückträger ausgefahren resp. zum Entlassen der Werkstückträger eingefahren.
Die Funktion des Anhaltemoduls wird durch einen induktiven Näherungsschalter überwacht.
ZEICHNUNG
**TECHNISCHE DATEN**
- **Funktionsart:** pneumatisch
- **Betriebsdruck:** 6 bar
- **Luftverbrauch bei 6 bar:** 0,04 NI/Doppelhub
- **Hub des Anhaltebolzen:** 10 mm
- **Endlagendämpfung:** Dämpfungsring
- **Endlagenüberwachung:** keine
- **Umgebungstemperatur:** -20 °C ... +70 °C
| Störung | Massnahmen |
|------------------------------------------------------------------------|----------------------------------------------------------------------------|
| - Werkstückträger wird nicht angehalten. | - Einstellung und Funktion der Näherungsschalter überprüfen. |
| | - Zylinder auf mechanische Störung untersuchen. |
| | - Pneumatische Zuleitungen überprüfen. |
**WARTUNG**
| Nr. | Beschreibung | Intervall¹ | Wartung |
|-----|----------------|------------|----------------------------------------------|
| 1 | Anhaltemodul | M | Reinigen |
| 2 | Anhaltemodul | M | Kontrolle der Funktionen und für Beschädigungen |
H: Stunde S: Schicht W: Woche M: Monat J: Jahr
**VERSCHELSEISSTEILE / ERSATZTEILE**
| Nr. | Bezeichnung |
|-----|-----------------|
| 1 | Anschlag |
| 2 | Anschlag Stück |
¹ Je nach Verschmutzungsgrad und Auslastung
PNEUMATISCHE STEUERUNG
ANHÄLTEZYLINDER
5/2-WEGVENTIL
FUNCTION
Pallet motion is stopped everywhere on the transfer line by a bolt actuated by a pneumatic cylinder. Stopping positions are adjustable.
Proximity sensors ensure that the bolt does not reach out while passing a pallet.
DRAWING
**TECHNICAL DATA**
- Function mode: pneumatic
- Air pressure: 6 bar
- Air consumption at 6 bar: 0,04 Nl/double stroke
- Stroke: 10 mm
- Cushioning: absorber ring
- Sensing on cylinder: none
- Ambient temperature: -20 °C ... +70 °C
| Malfunction | Trouble shooting |
|-------------|------------------|
| Pallet has not been stopped. | Check position and function of the proximity sensors for pallet transfer. |
| | Check the cylinder for mechanical damages. |
| | Check air supply (air tubes,...). |
H: Hour S: Shift W: Week M: Month J: Year
**MAINTENANCE**
| No. | Description | Interval | Maintenance |
|-----|-------------|----------|-------------|
| 1 | Stopping Unit | M | Cleaning |
| 2 | Stopping Unit | M | Inspection of functions and for damages |
H: Hour S: Shift W: Week M: Month J: Year
**WEAR PARTS / REPLACEMENT PARTS**
| No. | Description |
|-----|-------------|
| 1 | Thrust block |
| 2 | Stop pin |
---
2 Depending on cleanliness and usage
PNEUMATIC CONTROL
ANHALTEZYLINDER
5/2-WEGVENTIL
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„heimischer Exot“ – GRUNDNER & LEMISCH Bambusrad ca. 1897
Bambus ist von seiner Eigenschaft her den meisten Hölzern überlegen. Er ist hart, zäh, leicht, und wenn er richtig getrocknet wurde, auch bruch- und rissfest. Er eignet sich deshalb als kostengünstiges und leicht zu beschaffendes Material für nahezu jede Anforderung: von der Möbelherstellung über den Haus- bis zum Brückenbau. Bambus kommt – bevorzugt in der südlichen Hemisphäre - auf allen Erdteilen vor, außer in Europa. Besonders verbreitet ist Bambus in China und Indien, was wohl der Grund dafür ist, dass die damaligen Kolonialherren Indiens, die Briten, auf die Vorzüge dieses Werkstoffs aufmerksam geworden sind und ihn sogar verwendet haben, um besonders leichte Fahrräder herzustellen: ein erstes Patent erwirkte die Bamboo Cycle Company 1894 in England.
Aber auch in Österreich wurden Bambusräder gebaut, und zwar in Kärnten. Ein im Herbst 2019 im Verlag Brüder Hollinek erschienenes Buch erzählt die von Autor Oswald Wieser bis ins Detail recherchierte Geschichte der Herren Franz Grundner und Otto Lemisch, woher sie das Material bezogen haben, wie sie auf die Idee dazu gekommen waren, und ihr leider nur kurzlebiges Unternehmen (1896 – 1904), die „Bambus Fahrräder Fabrik Grundner & Lemisch“ in Ferlach: https://www.hollinek.at/buecher/technik/auto-motorrad-fahrrad/item/294-grundner-lemisch-bambusfahrraeder-in-die-zukunft-geholt.html
Wir können uns deshalb hier die Aufbereitung der Firmengeschichte sparen und dafür zwei erhaltene Räder vorstellen: Auf den ersten Fotos sehen wir ein Bambusrad aus ca. 1897. Es gehört Sepp Schnalzer aus der Südsteiermark, der es aus der Schweiz zurück in seine ursprüngliche Heimat geholt und wieder fahrtauglich gemacht hat - auch wenn er es aus Rücksicht auf das Alter des Rads und die Zerbrechlichkeit des Materials nicht benutzen will.
Bamboo Bicycle
This bicycle is made entirely from bamboo, with a leather seat and a metal chain. The frame is light and flexible, making it easy to ride. The wheels are made from steel and have a smooth surface, providing a comfortable ride. The handlebars are adjustable, allowing the rider to find their perfect position. The brakes are simple but effective, ensuring safe stops. This bicycle is not only eco-friendly but also stylish and functional. It's perfect for短距离通勤 or leisurely rides in the park.
This is a bamboo bicycle from 1920, made by the company "Bambus Fahrrad" in Austria. It was discovered in a garage and has been restored to its original condition. The bicycle is a rare example of early 20th century cycling technology and design.
Das zweite Fotomodell wurde schon seinerzeit zum freilauflosen Rennrad umgebaut, von der Bremse befreit (dafür mit einem sinnvollen Nagelfänger versehen) und mit anderen Laufrädern ausgestattet. Bambusräder wurden entgegen ihrem ursprünglichem Vewendungszweck sogar in Wettbewerbe gezwungen: in Wien gab es zB einen Radrennclub, der sich „die Bambusradler“ nannte. So dürfte es auch unserem zweiten Rad ergangen sein: offenbar wurde es gnadenlos über die Bahn geprügelt, ohne Rücksicht auf das Material. Gesprungene Bambusrohre wurden mit geschraubten Manschetten zum Durchhalten gezwungen, die Bambusgabel gegen eine aus Stahlrohren eines anderen Herstellers getauscht.
Fotografiert wurde es bei der Witwe des letzten Besitzers Alois Schmalwieser aus Gaspoltshofen. Elfie hält die Fahrradsammlung ihres Mannes in Ehren. Lois hat das Bambusrad – das angegeben Baujahr 1899 entspringt seiner Einschätzung, laut Steuerkopfschild dürfte es aber älter sein, so 1896, ’97 - vor vielen Jahren zusammen mit zwei weiteren Rädern gegen ein fahrbereites Motorrad eingetauscht. Weiter ist über die Vorgeschichte des Bambusflitzers leider nichts bekannt. Lange Zeit galt es als einzig in Österreich erhaltenes Exemplar eines Bambusrads, inzwischen ist der bekannte Bestand aber auf ein halbes Dutzend angewachsen. Und wer weiß, was in heimischen Dachböden und Kellnern noch so alles herumstehen mag?
GRUNDNER & LEIMISCH
FRANZUS. FAHRRADER FABRIK
PLAGENFURT
ALOI
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AMERICAN ELM DISTRICT
Volume 3, Issue 10
Dec. 8, 2004
Welcome to American Elm District Cub Scout Roundtable Electronic edition Webelos activity badges Fitness and Readyman
Theme:
Holiday Word Puzzle
PRE OPENING ACTIVITIES
By Heart of America Council
Cubs: connect the letters to spell CUB. How many Cubs are there?
As you get ready for the Holidays and your Blue and Gold. Check all the scouts and their families for food allergies. They will thank you for thinking of their safety and you will enjoy your activities. Many more people are developing allergies and it only takes a moment to ask and work around them. Let's all have a Merry Christmas and a Safe New Year.
WORDS FOR THE HOLIDAY PUZZLE
CHRISTMAS CROSSWORD
Across:
1. Color of Sant's suit
5. They celebrated the first Thanksgivings
6. It says "Gobble-Gobble"
Down:
2. Springtime holiday
3. 12th month of the year
4. "Jingle _ _ _ _ _"
5.
1. 2.
2.
1.
3.
R E D
If you are looking for a New Year's Resolution
JUST FOR TODAY Heart of America Council
Just for today
I will try to live though this day only, and not tackle my whole life's problems at once. I can do something for twelve hours that would appall me if I felt that I had to keep it up of a life time.
Just for today
I will be happy. This assumes to be true what Abraham Lincoln said, that "Most folks are as happy as they make up their minds to be."
Just for today
I will adjust myself to what is, and not try to adjust everything to my desires. I will take what every my portion is and fit myself to it.
Just for today
I will try to strengthen my mind. I will study. I will learn something useful. I will not be a mental loafer. I will read something that requires effort, thought, concentration.
Just for today
I will exercise my soul in three ways. I will do somebody a good turn and not get found out; if anybody knows it, it will not count. I will do at least two things I do not want to do– just for exercise. I will not show anyone that my feelings are hurt; they may be hurt; but today I will not show it!
Just for today
I will be agreeable. I will look as well as I can, dress becomingly, talk low, act courteously, criticize not one bit, not find fault, and not try to regulate anybody except myself.
Just for today
I will have a program. I may not follow it exactly, but I will have it. I will thus save myself from two posts--hurry and indecision.
Just for today
I will have a quiet half hour all by myself and relax. During this half hour I will try to get a better perspective on my life.
Just for today
I will not be afraid. Especially...I will not afraid to enjoy what is beautiful, and to believe that as I give to the world, so will the world give to me.
Just for today
I will calmly know that not half the things I fear will ever happen; and God, making all things work together for good to those that live him, will bear me and my crosses together as an Eagle's wings!
As you get ready to celebrate the Holidays remember that your are not alone! There are many volunteers in your District, Council and all over that are there to teach you skills, answer questions, show you how to run a program, design a craft..the key is . YOU
You need to go to Training, Roundtable, University of Scouting. Scouters' have their names, telephone numbers, e-mails listed on web sites, Council newspapers just to help you, but you must make the first step.
Get to know your Scout Executive– they can point you to the right person who can solve that problem.
Hope to see you at Training, Roundtable or
University of Scouting in the new year. Introduce your self and become a familiar face. While at college, the Journalism dept. has a saying, With some of the antics I got into, they told me my Junior year that I was going overboard and it would be a few years before they forgot me. The Radio Station I was working for was even thinking of creating a series of my college escapes while at Indiana University-Bloomington, IN. "Come in, get to know us so we remember you when recruiters call with jobs."
I ran 2 stations AM and FM on the weekends at WSCI in Columbus, IN and when I didn't have to be On the Air, I worked at the Media Center at the Main Library and once a month Club Latrec, a student Disco would run on Friday and Saturday till 2 AM. We took turns with the lights, sound and Coca-Cola bar. I had the opportunity to work the sound system for Kids in Action a 5th grade show choir at Wilson Vance the first 4 years and it brought back great memories of my radio days.
Something from the early years:
Emergency Broadcast system
Last Frontier Council
Narrator, as many boys as needed. Narrator stands up front with other boys in a group behind him. Characters: Scene:
This is be a test of the Emergency Broadcast System. For the next 60 seconds. Remember, this is only a test. Narrator:
(Hum in a monotone for approximately 60 seconds) All Boys:
Narrator: This has been a test of the Emergency Broadcast System. Had this been an actual emergency, this is what you would have hear.... All boys: (run off in different directions, screaming and waving arms)
The Magic List
Last Frontier Council
Copy the figures shown in the illustration. Ask your friend to pick out a number from 1 to 30, but not to tell what the number is. Then have him tell you what column or columns his number appears in.
The Challenge: That you will tell him what number he selected.
How to do it: Add the top figures at the head of the columns in which his selection appears. (Suppose his number appears in Columns A, D and E; you would hen add 2, 8 and 4. The anser would be 14. Sure enough, 14 appears in only those three columns.
Now you try it!
The Last Closing Ceremony of the Year Last Frontier Council
Staging: House lights are dimmed. Four posters with the four Cub Scout ranks, eight candles (two by each poster).
Cubmaster:
This last ceremony of 2004 is a fine time to reconfirm our beliefs in ourselves and the
Scouting program. (Lights two candles by the
Bobcat poster)
We will do our best. Will all Bobcat Cub Scouts and their parents please stand. Bobcat, so you promise in 2005 to do you best, to be true, to help other people, to obey the Law of the Pack, and to advance one rank? (They respond)
(Follow the same procedure for Wolf and Bear
Cub Scouts)
Will all Webelos Scouts and their parent please stand. Webelos, do you promise i 2005 to do you best, to be true, to help other people, to obey the Law of the Pack, and to earn the Arrow of Light award?
(They respond) We will do our best.
All of these eight candles are part of the light, the Light of the Spirit of Cub Scouting.
Assistant Cubmaster: The first four candles are the four parts of the Cub Scout Promise- Duty to God, Duty to Country, to help other people, and to obey the Law of the Pack. The second four candles are the four parts of the Law of the Pack the Cub Scouts follows, Akela, the Cub Scout helps the pack go, the pack helps the Cub Scout grow, the Cub Scout gives goodwill.
Cubmaster: I know you will be loyal Cub Scouts in 2005 as the Spirit of Cub Scouting burns here it also burns in the hearts of Cub Scouts everywhere. May it continue to burn in your hearts during the coming year as we go upward and forward in Pack _____.
Games
By Heart of America Council
LETTER LADDER
Players: 2 to 4
The first player thinks of any word and names its first letter only - e.g., "P" for pump. The second player thinks of any word beginning with the named letter and names its second letter - e.g., "A" for pancake. Play continues thus in thus in turn until any player completes a word to which a following player cannot add another letter to change it or to make it longer. A player who at his turn fails to do so scores 1 point and begins another word as at first. That player wins, after each has had the same number of turns, who has the lowest score.
It is best to keep the number of players small, especially with younger age groups. If many players wish to play the same game, divide them into groups of three or four.
ANAGRAMS
Players: 2 or more paper and pencil for each player Each player is required to think of a S letter noun( limited, if desired, to animals, place names, or any other category). He then writes down the letters of the word so that they are totally scrambled, and passes his to the next player to his right. The player wins who first unscrambles the letters and forms either the original word or any other word, using all the letters given him by his neighbor to the left. Of course, words of more than 5 letters my be used if the players so decide in advance. Equipment:
Before he passes his paper to the next player, each player scrambles a list of 3 or more nouns, or a short sentence of 5 words in which each word, though scrambled, is written separately. Variation:
BLACKBOARD RELAY
Player: 2 of 6 or more players blackboard and chalk for each team. (a large sheet of wrapping paper, tacked to the wall, and a black marker will work great) Players are divided into two teams. A line is drawn down the middle of the blackboard. Or, if played elsewhere than in room. two sheets of large wrapping paper should be hung at shoulder height at an equal distance from both tams; one for each. All Players sit down. Each team decides on an order in which players are to run. At the command from the teaches or referee, the first member of each team races to the blackboard, picks up the chalk, and writes the first word of a sentence that he thinks of on the blackboard or paper. He then runs back to his own team and hands the chalk or pen to the next player, who writes a second word next to the first, and so on. Equipment:
CUMULATIVE COUNTING - TWISTERS
Cumulative counting - twister can be done by one person or played with a leader and group. There are two ways to use them as group play. In the first, the leader would give the new line and point to an individual who is to recite. In the second, the entire group responds together. The leader gives each new line to the group and they repeat the sets together. Either way it is played, the counting-twister is recited by accumulating verse and repeating them all from the beginning as each new one is added. Example: Line 1. Line 1+2. Line 1+2+3. Line 1+2=3=4. etc., until the entire set is included. Players may also wish to invent their own cumulative counting -twisters.
EASY ANIMALS
1. One old owl.
2. Two tiny toads.
3. Three thriving thrushes.
4. Four frolicking fawns.
5. Five fine fish.
6. Six slinky snakes.
7. Seven slithering seals.
8. Eight eager eagles.
9. Nine nesting nightingales.
10. Ten terrible tigers.
SKITS ROVING REPORTED
Characters: 5 Cub Scouts
Reporter: Good evening, ladies and gentlemen. Here's your roving reporter with another man - on -the-street interview. Tonight, we axe going to talk about mountains. Here's a man right here. How do you do, sir, can you tell me what is your impression of mountains?
Man #1: "HIGH!"
Reporter: Hi, yourself! Now tell me, what is your impression of mountains?
Man #1: Just like I said, "High!"
Reporter: Oh! Ha, ha, ha. My mistake. When you said "High," I thought you said "Hi!", get it? Oh well, lets talk to someone else. Here's a man. Tell me, sir, how do you feel about mountains? Man #2: Well, I've never been there of course, but if I had to feel about mountains, I'd do like always, feel with my fingers.
Reporter: Ha, ha, ha, ha. Seems we have some jokesters about today.
Well now, let's try our questions on this little boy here. Tell me, sonny, have you ever gone over the top of a mountain?
Small boy: Yes, sir, lots of times.
Reporter: My, I'm surprised to hear that, must have been a hard trip for a youngster, actually to go clear over the top of a mountain.
Small Boy: Oh! No, sir, we were in an airplane. Reporter: (to himself) This is getting ridiculous, but I'll try one more time. How do you do, sir, may
I ask you question?
Man #3: Why sure, what's your problem?
Reporter: Tell me sir, what’s your impression of life in the mountains?
Man #3: Well, from what I hear, it’s a lot like an umbrella.
Reporter: An umbrella? I don’t quite understand what you mean.
Man #3: Yup, like an umbrella. Life in the mountains is either up or down.
Reporter: Sorry, folks, some days you can't win!
STUNTS AND TRICKS LINK THE CLIPS
You will need a money and two ordinary paper clips. Ask your friends to join the two paper clips together with the money.
Fold the money into three but do not crease the folds. Clip the folds with the two paper clips.
Take the two top corners between the fingers and thumbs and sharply pull the money out-straight.
The clips will fly off, but surprise, surprise, they will be mysteriously jointed together.
RUN-ON Man picks up ringing telephone.
a. You don't say .. you don't say... you don't say...
b. Who was that?
a. I don't know. He didn't say.
BRAIN TEASER
2. State War State
3. From C To
4.Land if
C If If
N
8.
9.
7. GOD
NATION
Abe Lincoln
Main St.
Gettysburg, PA
LAW
= JUSTICE
10.
A
HOUSE
REPRESENTATI
VES
HOUSE REPRESENTATIVES
HOUSE REPRESENT
HOUSE REPRESENTATIVE
ATIVES
HOUSE RE
S
HOUSE REPRESENTATIVES
PRESENTATIVESHOUSE REPRESENTATIVES
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VESHOUSE REPRESENTATIVESHOUSE REPRESENTATIV
ES
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SE REPRESENTATIVES
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NTATIVES
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USE REPRESENTATIVES
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ATIVES
HOUSE RE
S
HOUSE REPRESENTATIVES
PRESENTATIVESHOUSE REPRESENTATIVES
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VESHOUSE REPRESENTATIVESHOUSE REPRESENTATIV
ES
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SE REPRESENTATIVES
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NTATIVES
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USE REPRESENTATIVES
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HO
HOUSE REPRESENTATIVES
HOUSE REPRESENTATIVES
HOUSE REPRESENTATIVES
USE REPRESENTATIVES
HOUSE REPRESE
USE REPRESENTATIVES
HOUSE REPRESENTATIVES
HOUSE REPRESE
HOUSE REPRESENTATIVES
HOUSE REPRESENTATIVES
HOUSE REPRESENTATIVES
HOUSE REPRESENTATIVE
HO
HOUSE REPRESENTATIVES
HOU
HOUSE REPRESENTATIVES
HOUSE REPRESE
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HOU
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NTATIVE
SE REPRESENTATIVES
NTATIVES
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USE REPRESENTATIVES
NTATIVES
Answer:
1. Bunker Hill
2. War between the States
3. From sea to shining sea
4. One, if by land to if by sea
5. Washington crossing the Delaware
6. Valley Forge
7. One nation under God
8. Lincoln's Gettysburg address
9. Equal justice under the law
10. House of Representatives
CHEERS AND APPLAUSE'S
- Pretend to type, with fingers moving rapidly while saying, "Click, click, click, ding. Click, click, click, ding." Typewriter Cheer
- Grab newspaper in hand, wave arm in the air and shout, "Read all about it - right here. Read all about it." Read All About It Cheer
- Have group stand, move head back and forth from right to left. As they move it, have them say, "Copy cat, copy cat, copy cat." Interrupted Applause - Bring hands together like a clap, but stop before they touch. Repeat several times. Xerox Cheer
JAZZY JOURNAL
Supplies needed: decorative paper cardboard scrap paper scissors glue stapler
Decide what size your book will be and cut out 2 pieces of cardboard. Follow the illustrations for Fig. 1 and 2 to make the outside of the book. FIG. 2 FIG. 3
For the pages, open up the book. Measure inside of book and subtract 1/4" all around. For example, if your book cover measures 4"x6", your pages should be 3-3/4"x5-3/4", Cut about 20 pages. Staple pages together at center.
Glue front and back pages to inside covers. Fig 4.
For end flaps, cut 2 pieces of decorative paper t fit inside covers. Glue one to inside front cover, over blank page. Repeat for back cover. Fig 5.
INVISIBLE INKS
One of the ways to send a secret message is to write it in invisible ink. A friend will know how to make the message become visible by heating the paper as we will explain. George Washington's spies sometimes used invisible ink. It is easy to prepare because it can be made from things you have in the house. Here are some:
Lemon Juice Ink
- Squeeze the juice of half a lemon into a small dish or grass. The lemon
juice makes an excellent invisible ink. Orange juice
and grapefruit juice ink can be made in the same way.
Sugar Water Ink - Put half a teaspoonful of sugar into half a glass of water and stir until the sugar is completely Dissolved.
Onion Juice Ink - Peel a Small onion, grate it into a pulp, and let the pulp Stand in a small dish or
glass. At the end of several minutes you will see that part of the pulp has become liquid. This liquid is a good invisible ink.
Soda Pop Ink - Put two teaspoonfuls of soda pop into a small dish or glass, add pulp stand in a small dish or glass. At the end of several minutes you will see that part of the pulp has become liquid. This liquid is a good invisible ink.
The best way to a write with invisible ink is to use an ordinary pen point. Be sure it is clean before you dip it into your ink. A toothpick makes a good pen too, but you will have to dip it into the ink after each word you write as the toothpick will not hold very much ink.
You can write on any kind of white paper good for regular ink. When you stop writing for a moment put a finger on the last word. Paper with lines help you keep writing straight.
TO MAKE IT VISIBLE
Heat the paper. Hold the paper against the hottest part -- that is -against the top of a lighted 60 - watt bulb. In less than half a minute your writing will begin to appear.
The writing will be brown. Move the paper around Until every part of it has become warm and all the writing has become visible. Do no hold the paper against the bulb too long or hold the paper will turn brown, too. Or hold the paper near a fairly hot electric iron or the paper, a part at a time, over the slots of a pop-up toaster.
You can also send
Invisible messages by writing with invisible ink between the lines of an ordinary note. Try writing them in code so even if someone knows about invisible ink they will not know the code.
Think Like a Computer
Heart of America Council
When we want to send someone a message, we use words, which are made up of letters of the alphabet. Instead of words, a computer uses bytes; instead of letters, bytes are made up of bits. It takes eight bits to make a byte. A byte is just like a string of eight electric lights. Each bit is a light, and each light is either on or off. A computer can turn every letter in the alphabet into a byte, and it can also turn numbers into bytes. Any kind of information can be turned into a byte (in the computer world, information is called data). To a computer, the first letter in Bialosky Bear's name, B would look like this: . How many bytes would a computer need to spell Bialosky Bear's first name? Bialosky = 8 letters = 8 bytes.
Use a flashlight, to spell your own name in computer code. Find the letters of your name in the table, and flash the flashlight on for every " on" light you see, and off for every " off" light you see. Say the number out loud as you turn your flashlight on or off. That way you'll make sure to include all the " offs" and "ons."
Pixel Puzzle
A Computer Screen is made up of thousands of little dots called pixels. Each pixel can be turned on or off, or given a certain color. That's how computer graphics are made. Make your own computer graphics. Copy and enlarge the screen graphic. Use crayons or markers: red, brown, blue, and green, to color in the pixels. Each instruction below tells you to turn on that pixel and give it that color. Brown is "br" red is "re," blue is "bl," and green is "gr."
Here is your program:
N-14 gr
Webelos Fitness Rubber Tube Gym
Heart of America Council
With the help of two bicycle-tire inner tubes, you can make yourself a home gymnasium that is simple and inexpensive (or free), yet a very effective and efficient muscle builder. Pick up a couple of discarded lightweight tubes (balloon type will do, too) from a bike repair shop. You can usually get them free. Then add a broom handle or a 1-inch dowel, and follow the exercises shown here. Take the complete rubbertube gym workout (all seven exercises) every day of this month. Do each exercise slowly and smoothly. Don't rush or jerk your way through any of the pulls, or you will miss the full muscle-building value of the exercise. Try to do each exercise at least 10 times, but if it is too hard at first, start with a lower number and work your way up to 10. If you find that you can do 10 right off easily, twist the tubes twice or more to make them harder to stretch. After a month of this work, you should see new, hard muscles on your body. The exercises shown here are just a sampling of the possibilities open to you with a rubber tube gym. For example, many of the traditional weightlifting routines may be done with the help of your rubber tubes. Simply substitute the broom handle and tubes for the weights and bars. Another way to use this equipment is for rowing exercise. By attaching the tubes to some immovable object, putting the stick through the tubes, and sitting yourself far enough away to get the best resistance, you can get all the benefits of a regular gymnasium rowing machine without spending the money that such equipment costs.
Webelos
Readyman The Activity Badge is one of the required badges for the Arrow of Light Award. A good way to begin working on this activity badge is with a field trip to the local Red Cross Service Center or to a Paramedic Station. There the boys can be shown the proper procedures for the hurry cases such as: stopped breathing, blood spurting from a wound, swallowed poison, and heart attack. Perhaps the boys will have the opportunity to practice rescue breathing into a practice mannequin. An absolute must as a den activity is to have each of the boys make a First Aid Kit for their family.
Home First Aid Kit
3 Triangular Bandages (35 x 35 x 50)
25 Band aids (1 inch)
5 4 x 4 Gauze Pads
5 2 x 2 Gauze Pads
4 Closure Strips (Butterfly Clips)
1 2" Roller Bandage
2 Cling (Ace) Bandages
4 Eye Pads
1 1/2" Adhesive Tape
10 Q-tips
1/3 Bar of Fels Naphtha Soap
(cuts oil of poison ivy)
1/3 Bar of Castile Soap, to wash wounds
1/3 Bar of Lava Soap, to wash hands
1 Scissors
1 Tweezers
4 Large Safety Pins
Calamine Lotion
Tylenol in a film can
Cold Pack
Matches in a film can
Tongue Depressors, use as splints
Bacitracin Ointment
Eye Wash Kit
Small tube of Vaseline
Quarters taped to lid for phone
Basic First Aid Rules:
1.ALWAYS have an emergency plan.
2.ALWAYS check for hazards.
3.NEVER go anywhere alone.
4.ALWAYS have a place to meet if separated.
5.NEVER leave a victim worse off than how you found them.
WEB SITES
These sites are current as of 12/6/04
Construction Plans
Plans and Patterns for Bob Myer's knockdown plywood Camp Table and Patrol Box http://users.aol.com/lwjones/table.htm
5e Use a pattern or a plan to make a birdhouse, a set of bookends, or something else useful. A good source for free plans is: Tools for Fixing and Building
Http://www.freewoodworkingplan.com
Trace your family back through your grandparents or greatgrandparents; or talk to a grandparent about what it was like when he or she was younger. Use a genealogy search engine to find records about a family tree. A very comprehensive, free service is provided by the Mormon Church at: The Past is Exciting and Important
Http://www.familysearch.org/Eng/Search/framese t_search.asp
Under the supervision of a parent of adult, search the Internet and connect to five web sites that interest you. Exchange e-mail with a friend or relative. Use a good search engine (see below) to find sites that might pique the boy's interest. One good search engine is:
Http://www.dogpile.com
Show the types of forests growing in different parts of the country. Name some kinds of trees that grow in these forests. For each type of forest, give one or more examples of uses for the wood of its trees. Visit the Forest Service web site to learn more about Ecosystem Provinces, where they are, and the kinds of trees that grow in them: Make a map of the United States.
http://www.fs.fed.us/colorimagemap/ecoreg1_pr ovinces.html
Next month we should check on your plans for your Blue and Gold, Charter questions. Ideas you would like to discuss.
Bring a friend and share the fun.
Be the Spark Plug in your unit!
Last 2 pages are Frames for You to have to recognize your Pack members.
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Published on National Catholic Reporter (https://www.ncronline.org)
Women versus oil
Nicole Sotelo | Nov. 26, 2008
"I asked God to kill me,? said the 29-year old rape survivor. Her brother, children and parents had been murdered in the Democratic Republic of the Congo?s decade-long war. What hope was left? But she saw a baby, alive, on the ground near her slain parents. She carried the child to safety and now is raising the child as her own. ?Maybe God didn?t want me to lose my life.?
This story and hundreds more like them have been heard and shared by Eve Ensler, director of V-Day, an international organization working to stop violence against women. Ensler, known internationally for her play ?The Vagina Monologues,? has worked tirelessly to make the world aware of what has been called ?Africa?s World War.? Over the last decade there has been fighting among various factions in the Democratic Republic of the Congo, or DRC. The war has taken the lives of more than 5 million people due to the conflict or war-related starvation and disease -- the most war-related deaths since World War II. One of the most common and most brutal weapons of choice has been the rape of women and children.
It is estimated that hundreds of thousands of rapes have occurred. Accurate statistics are impossible but two years ago the United Nations reported 27,000 rapes in one region alone. And those are just the ones that were reported.
No woman is spared. Young girls and elderly women alike have been beaten, gang-raped, and disemboweled. Women?s children are killed in front of them. Pregnant women are cut open. Those who survive have difficulty finding adequate medical care, let alone counseling for the emotional scars. And those who care for rape survivors are also vulnerable. In September, a hospital known for its care of rape survivors was attacked.
What is being done to stop this violence? There is a U.N. peacekeeping force of about 17,000 troops from 18 countries around the globe. It is the largest peacekeeping force currently in the world.
Not one soldier has been sent from the United States. We, instead, have chosen to protect another natural resource. Not women. Not children. But oil.
Instead of going to war to protect the hundreds of thousands of women being brutally raped and murdered in the DRC, the United States has chosen to go to war to protect our stake in Iraq?s oil reserves. There are currently 146,000 troops stationed in Iraq. Helping the troops, there have been up to 180,000 private contractors in Iraq under U.S. contracts. But not one soldier or private contractor has been sent to stop the violence in the DRC.
The National Priorities Project estimates that the United States has spent more than $570 billion in Iraq since the outbreak of the war. The project released a report this month that shows the U.S. military spends up to 30
percent of its annual budget to secure energy resources internationally. This adds up to $215.4 billion dollars a year.
Contrast this with small organizations like V-Day which is asking individuals to donate $25 or $50 to help a small hospital in the DRC that reconstructs women?s vaginas after they have been brutally ripped open not only by penises but by guns and pieces of wood that men force into their bodies.
One woman, Claudine Mwabachizi, recently spoke about her kidnapping by men in a forest. She had been tied to a tree for days and repeatedly gang-raped. The New York Times ran a story this week that quoted her as saying, ?A lot of us keep these secrets to ourselves.? Instead, she decided to share her story publicly. Her reason? ?To free my sisters,? she said.
My fellow Catholics, we are also called to speak boldly and urgently to stop the violence being done against women and all people in the Democratic Republic of the Congo. We can no longer allow our country to spend billions on a war to ?free up? oil. We must help free our sisters, instead.
For more information, to donate or to take action, go to www.vday.org [1] or www.raisehopeforcongo.org [2].
(Nicole Sotelo is the author of Women Healing from Abuse: Meditations for Finding Peace, published by Paulist Press, and coordinateswww.WomenHealing.com[3]. A graduate of Harvard Divinity School, she currently works at Call To Action.)
Source URL (retrieved on 03/27/2017 - 06:51): https://www.ncronline.org/blogs/women-versus-oil
Links:
[2] http://www.raisehopeforcongo.org
[1] http://www.vday.org
[3] http://www.WomenHealing.com
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MINUTES
REGULAR MEETING OF MAYOR AND COUNCIL OF FEBRUARY 2, 2015
Call to Order:
The Regular Meeting of Mayor and Council of February 2, 2015 was called to order by Mayor David Lockhart at 7:00 p.m.
Invocation:
The invocation as given by Councilwoman Maudie McCord followed by the Pledge of Allegiance to the American Flag.
Present:
Mayor David Lockhart and Councilmembers Tommy Smith, Dabouze Antoine, Maudie McCord, Latresa Akins and Linda Lord.
Also present were City Manager Frank Brandon, Director of Finance Mike Blandenburg, Director of Public Works Jeff Eady, Director of Support Services Christine Terrell, Chief Eddie Buckholts, Major Chris Matson, Management Analyst Angela Redding, Major Tommy Orr, Deputy Director of Planning and Zoning Jonathan Jones and City Attorney William Denmark.
Approval of Minutes:
Ms. Akins made a motion to approve the minutes of the Work Session and Regular Meeting of January 20, 2015, seconded by Mr. Antoine. Voting for the motion was unanimous.
Presentation:
Ms. Edie Yongue of Keep Forest Park Beautiful presented Mr. Edward Kilgore (Ward 5) with a $25 Walker Nursery Gift Certificate for his Christmas decoration display, and acknowledged the Noel Stepp family on Hendrix Drive and Maribel and Cesar Torres on North Avenue.
Oath of Office:
Mayor Lockhart administered the Oath of Office to the following Ethics Board Members: Glen Barnett, Patti Cooper, Denise Worley, Lois Wright and Annie Malone.
Discussion of Truancy:
There was no discussion during the meeting.
Adjournment:
Mr. Smith made a motion to adjourn, seconded by Ms. Akins. Voting for the motion was unanimous.
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This document is scheduled to be published in the
Federal Register on 12/04/2013 and available online at
, and on http://federalregister.gov/a/2013-29005
FDsys.gov
Billing Code 4310–55
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R6–MB–2013–N241; FF06M01000–145–FXMB12310600000]
Bald and Golden Eagles; Migratory Birds; Phase I Development of the
Chokecherry–Sierra Madre Wind Energy Project
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent; announcement of public comment period.
SUMMARY:
We, the U.S. Fish and Wildlife Service (Service), announce our intent to prepare a draft Environmental Impact Statement (EIS) for Phase I of the Chokecherry-
Sierra Madre Wind Energy Project. Our draft EIS will analyze the environmental impacts associated with our decision on whether to issue a permit authorizing take of
eagles for Phase I of the project. Programmatic eagle take permits are authorized under the Bald and Golden Eagle Protection Act (BGEPA), and its implementing regulations.
We are requesting public comments on issues that should be addressed in our draft EIS.
1
DATES: This notice initiates the public scoping process. To ensure consideration in developing the draft EIS, we must receive your electronic or written comments by the close of the scoping period on [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The public is invited to submit comments and resource information by mail or in person, and identify issues or concerns to be considered in the National Environmental Policy Act (42 U.S.C. 4231–4347) (NEPA) compliance process.
The Service will host public scoping meetings, where you may discuss issues with
Service staff. The time, date, and specific locations for these meetings will be announced through the Service’s Web site:
http://www.fws.gov/mountain- prairie/wind/ChokecherrySierraMadre/index.html as well as via press releases, local newspapers, radio announcements, and other media, at least 10 days prior to the event.
If you require reasonable accommodations to attend the meeting, contact the person listed under FOR FURTHER INFORMATION CONTACT at least one week before the meeting.
ADDRESSES: You may submit comments in writing by one of the following methods.
At the top of your letter or in the subject line of your message, please indicate that the comments are "Chokecherry-Sierra Madre Wind Energy Project Comments."
* Email: Comments should be sent to: [email protected].
2
* U.S. Mail: Written comments should be mailed to Chokecherry–Sierra Madre EIS, U.S.
Fish and Wildlife Service Mountain-Prairie Region, P.O. Box 25486 DFC, Denver, CO
80225.
* Hand-Delivery/Courier: Chokecherry–Sierra Madre EIS, U.S. Fish and Wildlife
Service Mountain-Prairie Region, 134 Union Blvd., Lakewood, CO 80228.
FOR FURTHER INFORMATION CONTACT: David Carlson, (303) 236-4254
(phone); [email protected](email); or Mike Dixon, (303) 236-8132 (phone);
[email protected]
(email). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–
8339 to contact the above individuals during normal business hours. The FIRS is available 24 hours a day, 7 days a week, to leave a message or question with the above
individuals. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION:
I. The Federal Action
II. Background on the Project
III. Intergovernmental and Interagency Coordination
IV. Alternatives and Related Impacts under Consideration
V. Public Comment Procedures
VI. Authorities
3
I. The Federal Action
The Service is considering a decision whether to issue a programmatic permit authorizing take of eagles under the Bald and Golden Eagle Protection Act for Phase I of the Chokecherry–Sierra Madre Wind Energy Project (CCSM Project or Project) in Carbon County, Wyoming. The Federal decision by the Service whether to issue a permit to take eagles triggers the need for compliance with the NEPA.
The Service intends to gather information and prepare a draft EIS. Our draft EIS will analyze the direct, indirect, and cumulative impacts of Phase I of the Project to support a Service decision to approve or deny an eagle take permit (ETP). The draft EIS will also analyze a reasonable range of alternatives, including a no-action alternative, for the potential issuance of a programmatic ETP.
The Project would be situated in an area of alternating sections of private, State, and Federal lands administered lands by the Bureau of Land Management (BLM) commonly referred to as the "checkerboard," and, in 2012, the BLM completed a final EIS (FEIS) to evaluate whether the Project area would be acceptable for development of a wind facility. The Service intends to incorporate by reference information from the BLM FEIS into our environmental analysis in order to avoid redundancy and unnecessary paperwork. Council for Environmental Quality (CEQ) regulations authorize incorporation by reference (40 CFR 1502.21, CEQ 40 Most Asked Questions #30; see also 43 CFR 46.135). The decision to incorporate by reference sections from the BLM FEIS into the
draft EIS will be based on our evaluation of the BLM FEIS and our consideration of public comments.
II. Background on the Project
A. Power Company of Wyoming proposal. As proposed by the Power Company of Wyoming, the CCSM Project will consist of two phases of development. When both phases are completed, the CCSM Project will consist of up to 1,000 wind turbines capable of generating a total of 2,000 to 3,000 megawatts (MW).
Phase I of the CCSM Project, to which this notice primarily pertains, would consist of approximately 500 wind turbines, a haul road, a quarry to supply materials for road construction, access roads, a rail distribution facility, underground and overhead electrical and communication lines, laydown areas, operation and maintenance facilities, and other supporting infrastructure needed for Phase I to become fully operational. For Phase I, PCW is preparing a detailed eagle conservation plan (ECP) that it intends to submit to the Service to support its application for an ETP. The ECP will identify measures that PCW proposes to undertake to avoid, minimize and compensate for potential impacts to bald and golden eagles. To help meet requirements of the Migratory Bird Treaty Act, PCW is also preparing an avian protection plan containing measures that PCW proposes to implement to avoid or minimize impacts of the Project on other migratory birds. The Service will consider the information presented in the ECP and avian protection plan when we analyze environmental impacts in our draft EIS.
PCW has indicted it will submit a separate plan of development for CCSM Phase II, which will consist of about 500 additional wind turbines (roughly 1500 MW), at a later date. At this time PCW has not determined when development of Phase II of the CCSM project would occur. The Service intends to address impacts of CCSM Phase II (a reasonably foreseeable future action) as cumulative impacts in the draft EIS for Phase I, and will conduct further NEPA review of Phase II if and when a take permit application for Phase II is submitted.
The CCSM Project has a proposed life of 30 years, after which, subject to market conditions, the CCSM Project may be repowered as necessary to continue its operations.
B. Migratory Birds and Eagle Protections. Raptors and most of other birds in the United States are protected by the Migratory Bird Treaty Act (16 U.S.C.703–711). The President's Executive Order 13186 directs agencies to consider migratory birds in environmental planning by avoiding or minimizing to the extent practicable adverse impacts on migratory bird resources when conducting agency actions, and by ensuring environmental analyses of Federal actions required by NEPA or other established environmental review processes.
Bald eagles and golden eagles are provided further protection under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d) (BGEPA), which prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" eagles, including their parts, nests, or eggs. An eagle take permit authorizes the take of live eagles and their eggs where the take is associated with, but not the purpose of, a human activity or project. The regulations pertaining to eagle take permits can be found in the Code of Federal Regulations at 50 CFR 22.26.
A programmatic take permit authorizes the take of eagles where the take is compatible with the preservation of eagles; where it is necessary to protect an interest in a particular locality; where it is the associated with but not the purpose of an activity; and where take is unavoidable even though advanced conservation practices are being implemented. The Service will issue programmatic permits for such take only after an applicant has committed to undertake all practical measures to avoid and minimize such take and mitigate anticipated take to the maximum extent achievable to be compatible with the preservation of eagles.
C. The BLM's FEIS. In July 2012, BLM published its FEIS for the Project. The BLM action evaluated in the FEIS was to decide whether the area identified in PCW's proposal would be acceptable for development of a wind facility in a manner compatible with applicable federal laws. The BLM FEIS included an evaluation of the impacts of issuing the requested rights-of-way (ROW) grants on golden eagles and other raptors and migratory birds based on available data and concluded that the estimated number of raptor fatalities, as well as the impacts of reduced use by passerine birds within the project area, would exceed significance criteria. (pages 4.14-26).
On October 9, 2012, BLM published a Record of Decision (ROD) determining that the portions of the area for which PCW seeks ROWs grants "are suitable for wind energy development and associated facilities and that design features and mitigation measures must be incorporated into any future CCSM wind energy development authorizations." As explained in the ROD, the BLM's decision does not authorize development of the wind energy project; rather, it allows BLM to accept and evaluate future right-of-way applications subject to the requirements of all future wind energy development described therein (ROD at 6-1).
Prior to issuing ROW grants, BLM will prepare additional environmental analyses of site-specific plans of development submitted by PCW. The BLM ROD sets forth a framework for conducting additional detailed NEPA review of PCW's site-specific plans of development (ROD appendix C).
III. Intergovernmental and Interagency Coordination
Federal, tribal, State, and local agencies, along with other stakeholders who may be interested in or affected by the Service's decision on Phase I wind development of the Project, are invited to participate in the scoping process and, if eligible, may request or be requested by the Service to participate as a cooperating agency.
The Service will conduct consultation with Native American tribes in accordance with applicable laws, regulations, and Department of the Interior policy, and tribal concerns will be given due consideration, including Indian trust assets and cultural or religious interests.
Interested persons may view information about our environmental review of Phase I of the Project on our Web site, at http://www.fws.gov/mountainprairie/wind/ChokecherrySierraMadre/index.html. The Web site contains information concerning the comment period, during which persons may submit comments, and the locations, dates, and times of public scoping meetings.
IV. Alternatives and Related Impacts under Consideration
Our draft EIS will address action alternatives, and direct, indirect, and cumulative impacts of the action. Alternatives for the Project will, at a minimum, include:
(a) An action alternative whereby the Service issues the programmatic take permit with conditions;
(b) A no-action alternative, which would result in an eagle permit not being issued; and
(c) Any environmentally preferable alternatives that may be identified in accordance with 40 CFR part 1500.
The Service's draft EIS will consider the predicted magnitude of eagle take within the context of regional eagle populations (Bird Conservation Regions, or BCRs). The analysis also will take into account other factors that may warrant protection of smaller or isolated eagle populations within a region. In addition, our draft EIS will consider:
* Comprehensive analysis of impacts to eagles that addresses not only the predicted take under BGEPA, but also the individual and cumulative habitat (including foraging and roosting) and prey base impacts that may have adverse population impacts but may not constitute take under the BGEPA;
* Potential impacts to migratory birds and their habitats (including thorough fragmentation analysis), and review and analysis of the applicant's avian protection plan;
* Cumulative impacts analyses of eagles and other migratory birds at the local area population scale and at the BCR scale;
* Analysis of effects to wintering golden eagles;
* Analysis of climate change effects, including effects on eagles, their habitat and their prey, and the effect on other migratory bird resources;
* Analysis of effects to eagles and other species as sacred species and as cultural resources. Some tribes and tribal members may consider eagle nests and other areas where eagles are present to be sacred sites addressed in the American Indian Religious Freedom Act of 1978 (42 U.S.C. 1996).
The purpose of the public scoping process is to determine relevant issues that could influence the scope of the environmental analysis, including alternatives, and guide the process for developing the EIS and related compliance efforts. The final range of reasonable alternatives and mitigation to be analyzed in the draft EIS will be determined in part by the comments received during the scoping process.
V. Public Comment Procedures
Request for Comments
In accordance with the CEQ's regulations for implementing NEPA and the DOI's NEPA regulations, the Service solicits public comments on the scope of the draft EIS, including alternatives, mitigation, cumulative impacts that should be considered, and issues that the draft EIS should address.
We request data, comments, new information, or suggestions from the public, other concerned governmental agencies, the scientific community, Tribes, industry, or other interested parties on this notice. Timely comments will be considered by the Service in developing a draft EIS.
Written comments, including email comments, should be sent to the Service at the addresses given in the ADDRESSES section of this notice. Comments should be specific and pertain only to the issues relating to the proposals. The Service will include all comments in the administrative record.
If you would like to be placed on the mailing list to receive future information, please contact the person listed under FOR FURTHER INFORMATION CONTACT, above.
11
If you require reasonable accommodation to attend one of the meetings, please contact the person listed under FOR FURTHER INFORMATION CONTACT at least one week before the meeting.
Availability of Comments
The Service will make comments, including name of respondent, address, phone number, email address, or other personal identifying information, available for public review during normal business hours.
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—will be publicly available. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses will be available for public review to the extent consistent with applicable law.
VI. Authorities
This notice is published in accordance with the National Environmental Policy Act of
1969, the Council on Environmental Quality's (CEQ) regulations for implementing
NEPA, 40 CFR parts 1500 through 1508; and the Department of the Interior's NEPA
regulations, 43 CFR part 46.
___________________________
–
David McGillivary, Acting Assistant Regional Director Migratory Birds
–
Mountain Prairie Region, Denver, Colorado.
[FR Doc. 2013-29005 Filed 12/03/2013 at 8:45 am;
Publication Date: 12/04/2013]
13
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Subject: : Beginner Forum
Topic: : Will work for help!!
Re: Will work for help!!
Author: : daman1277
Date: : 2013/5/8 19:47:08
URL:
Hey Tyger I to live in qtown. I hit LL and Saucon. If you want to get together and fish let me know.
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WO
James E. Skinner,
Plaintiff, vs.
Charles Ryan, et al.,
Defendants.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA
) No. CV-09-2152-PHX-SMM (LOA)
)
)
)
)
)
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)
This matter is before the Court on Defendants' Motion to Compel Plaintiff to Sign Medical Authorization. (Doc. 66) Plaintiff opposes the motion as untimely. (Doc. 68) In their Reply, Defendants argue that the request that Plaintiff sign the medical authorization for the "purpose of accessing his medical records from the Arizona Department of Corrections ('ADC')" is not a discovery request. (Doc. 69 at 1) Rather, Defendants "are simply seeking a signed medical authorization to obtain Plaintiff's medical records because Plaintiff has put his health at issue in this case." (Id. at 1-2) For the reasons set forth below, the Court will deny Defendants' Motion to Compel.
Defendants' efforts to characterize their request for access to Plaintiff's medical records as something other than a discovery request is, at best, disingenuous and, at worst, an intentional misrepresentation to the court. As Defendants state in their motion, Plaintiff's Complaint alleges that he was housed in a filthy cell and that Defendants continually denied his requests for cleaning supplies. Plaintiff further argues that the plexiglass shield covering the front of his cell prevented air from circulating and adversely impacted the temperature in his
Dockets.Justia.com
ORDER
1 cell. Plaintiff also alleges he was subjected to extreme temperatures for eight months without being provided adequate clothing. As a result of these conditions, Plaintiff alleges he suffered blinding headaches and nausea. (Doc. 1) Defendants contend that, when preparing Defendants' dispositive motion, counsel for Defendants "determined it was necessary to review Plaintiff's medical records." (Doc. 66 at 2)
Accordingly, defense counsel sent Plaintiff a letter on October 6, 2010, requesting that Plaintiff provide a medical authorization to release his ADC medical records. Counsel indicates that Plaintiff, through his counselor CO III Brown, advised counsel he would not sign the authorization. Defendants filed the pending motion to compel, arguing that because Plaintiff has placed his medical condition at issue, he cannot "refuse discovery on that issue." (Id.) In their own motion to compel, Defendants refer to Plaintiff's medical records, which Defendants seek to access by way of a medical authorization executed by Plaintiff, as "discovery." (Id. at 2) ("Plaintiff has placed his health at issue and cannot, therefore, refuse discovery on that issue.") (emphasis added). Defendants' request for Plaintiff's medical records via a medical authorization is properly characterized as discovery.
In an effort to avoid the discovery deadlines, Defendants' Reply asserts that they are not seeking discovery, but are merely seeking an order directing Plaintiff to sign a medical authorization. (Doc. 69) As Defendants noted in their Motion to Compel, the medical records are discovery. The fact that Plaintiff must sign a medical authorization to permit the Arizona Department of Corrections to release those records does not change the underlying character of the medical records themselves. Besides, Defendants have not provided the Court with any authority, much less controlling or persuasive authority, that a plaintiff, alleging personal injury and damages in a civil case, is required under the Federal Rules of Civil Procedure to sign a medical authorization for the release of his medical records. For example, such records may be obtained by a timely request for subpoena duces tecum and court order prior to the expiration of discovery. Kent v. Cummings, 2010 WL 2643538 (D.Ariz. 2010); Clark v. Vega Wholesale, Inc., 181 F.R.D. 470, 472 (D.Nev. 1998) (concluding that a plaintiff cannot be compelled to sign a medical release pursuant to Rule 34, Fed.R.Civ.P., to obtain copies of her medical records
1
in the possession of her physician). Of course, a plaintiff may voluntarily sign a medical authorization if he so agrees. A plaintiff , however, must produce copies of relevant medical records in his possession pursuant to Rules 26(a)(1)(A) 1 and if requested by 34, Fed.R.Civ.P.
As Plaintiff noted in his response, Defendants' October 6, 2010 letter to Plaintiff requesting that he sign the medical authorization was served several months after the June 21, 2010 discovery deadline. (Doc. 26) Likewise, the Motion to Compel was filed over a month after the already-extended September 3, 2010 deadline for bringing discovery disputes to the Court's attention. (Doc. 48) Defendant's discovery request and motion to compel are untimely. Defendants have not even attempted to explain why their discovery request and motion to compel are untimely or why an extension of the applicable deadlines is warranted. See Fed.R.Civ.P. 6(b) (stating that the court may, for good cause shown, extend a deadline "on motion made after the time has expired if the party failed to act because of excusable neglect."). Moreover, the Ninth Circuit has made clear that the Rule 16 deadlines are "to be taken seriously." Janicki Logging Co. v. Mateer, 42 F.3d 561, 566 (9th Cir. 1994)
Additionally, Defendants have not certified "that after personal consultation and sincere efforts to do so," they were unable to resolve this discovery issue with Plaintiff absent court intervention as mandated by Rule 37(d)(1)(B), Fed.R.Civ.P., and LRCiv 7.2(j). The discovery deadline expired on June 21, 2010, doc. 26, and the discovery motion deadline was extended to September 3, 2010. (Doc. 48) Because Defendants' October 14, 2010 Motion is untimely and Defendants have not conferred with Plaintiff to resolve this matter as required by Rule 37(d)(1)(B), Fed.R.Civ.P., and LRCiv 7.2(j), the Court will deny Defendants' Motion to Compel. The Court, however, urges that parties to mutually resolve this issue on their own as
1 Federal Rule of Civil Procedure 26(a)(1)(A) requires that, unless exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a plaintiff must disclose witnesses who may possess discoverable information and the substance of that information, documents, and tangible items which may be used to support the claims made, and a computation of damages. Rule 26(a)(1)(B)(iv), however, exempts a prisoner plaintiff from initial disclosures in "an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision . . . ." Rule 26(a)(1)(B) (iv), Fed.R.Civ.P.
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it may serve both sides' interests in the long run for Plaintiff to voluntarily disclose his relevant medical records prior to trial. Because Plaintiff has put his health at issue, Plaintiff and Defendants will need access to Plaintiff's medical records to pursue or defend this action.
In view of the foregoing,
IT IS ORDERED that Defendants' Motion to Compel, doc. 66, is DENIED.
Dated this 5 th day of November, 2010.
- 4 -
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601 Daily Drive, Suite 210 Camarillo, California 93010
Phone: (805) 484-3613
Fax: (805) 484-9649
For Immediate Release
BNK DRILLS AND CASES FIRST BLACK WARRIOR BASIN WELL
CALGARY, October 14, 2009 – BNK Petroleum Inc. (the Company/BNK)/(TSX: BKX) is pleased to announce that it has successfully drilled, and run casing to 5,475', in the Hickman Farms 30-15 well. The Pickens County, Alabama well exhibited numerous gas shows while drilling. A full suite of logging tools was run in the well. The log data will be analyzed and interpreted over the coming weeks. It is anticipated that four different zones will be tested for commerciality. The testing is expected to commence in about 30 days.
As previously announced last December, BNK can earn up to a 50 percent working interest from BWB Exploration, LLC, ("BWB") in a portion, or all, of approximately 80,000 acres in the Black Warrior Basin by drilling a series of test wells on identified prospects. The exploration program requires BNK to pay 100 percent of the costs of the test wells. The Hickman Farms 30-15 well is the first of three commitment wells BNK has agreed to drill. If BNK doesn't drill any of the first three wells then it may have to pay $500,000 in liquidated damages per well. Additional wells may be drilled if favorable results are obtained from the first three wells. BWB is owned 60 percent by LNG Energy, Ltd. and 40 percent by another independent party.
BNK is continuing its pursuit of additional shale gas concessions in both Eastern and Western Europe, with the goal of having 2 million acres in 4 basins by year's end.
About BNK Petroleum Inc.
BNK Petroleum Inc. is a California based oil and gas exploration and production company focused on finding and exploiting large oil and gas resource plays. The Company holds an average of 50% interest in the Tishomingo gas field in Oklahoma and varied interests in three other areas in the Northern and Central regions of the United States and in Europe, where it is currently pursuing the exploration, development and production of shale and tight sand gas plays. The Company's shares are traded on the Toronto Stock Exchange under the stock symbol BKX.
- 30 –
For further information, contact:
Wolf Regener, President and Chief Executive Officer (805) 484-3613
Email: [email protected]
Website:
www.bnkpetroleum.com
This document contains certain forward looking statements including statements with respect to BNK's drilling plans in the Black Warrior Basin and testing for commerciality. \Forward looking information is based on management's expectations regarding, among other things, future capital and other expenditures (including the amount, nature and sources of funding thereof), plans for drilling activity, business prospects and opportunities, and involves significant known and unknown risks and uncertainties, which could cause actual results to differ materially from those anticipated. These risks include, but are not limited to: the risks associated with the oil and gas industry and BNK's ability to identify suitable drilling locations (e.g., operational risks in development, exploration and production; delays or changes in plans with respect to exploration or development projects or capital expenditures; the uncertainty of reserve estimates; the uncertainty of estimates and projections relating to production, costs and expenses, and health, safety and environmental risks), risk associated with equipment procurement and equipment failure, risks related to international operations and doing business in foreign jurisdictions, the risk of commodity price and foreign exchange rate fluctuations, risks related to future royalty rate changes and risks and uncertainties associated with securing and maintaining necessary regulatory approvals. In addition, the current financial crisis has resulted in severe economic uncertainty and resulting illiquidity in credit and capital markets which increases the risk that actual results will vary from forward looking expectations and these variations may be material. Additional risks and uncertainties are described in detail in BNK's Annual Information Form for the year ended December 31, 2008, which is available at www.sedar.com. The Corporation assumes no obligation to update or revise the forward-looking information to reflect new events or circumstances, except as required by law.
The TSX does not accept responsibility for the adequacy or accuracy of this news release.
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NATIONAL ASSOCIATION OF PROFESSIONAL SURPLUS LINES OFFICES, LTD.
CODE OF ETHICS
Members of the Association agree:
To maintain high professional standards of efficiency, conduct, integrity, responsibility and service. •
To exercise the utmost good faith in dealing with their principals, underwriters and assureds. •
To refrain from maintaining or using the status of their profession, or their affiliation with the Association, to attract business for personal financial gain in other lines of endeavor. •
To refrain from maintaining or using their membership within the Association as a means of taking unfair advantage of competitors, or for any other purpose than those for which the Association is intended. •
To regard the business of insurance as an unusual opportunity to provide essential services to the public, and to conduct themselves with dignity, courtesy,and the highest degree of fairness in their relations with members of the industry and the public at large. •
To be governed by a spirit of cooperation, helpfulness, and frankness in their relationships with fellow members to the end that each shall be better equipped, through such cooperative measures and exchange of ideas, to better perform and function, and to foster the advancement and prestige of their profession. •
To comply with applicable surplus lines laws and regulations, maintain necessary licenses, and immediately notify the Association of any suspension, revocation, or termination of such licenses. •
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FOR IMMEDIATE RELEASE: February 26, 2013
For further information contact: Robert E. Ward, Jr. Vice President – Marketing Manager (518) 584-5844
THE ADIRONDACK TRUST COMPANY HOLDS GRAND OPENING CELEBRATION AT NEW EXIT 11 BRANCH
Saratoga Springs, New York...The Adirondack Trust Company announced that its Grand Opening Celebration will conclude this Saturday with an event at the bank's newest office in Ballston Lake, NY (1/4 mile west of Exit 11), on Saturday, March 2, between 10 a.m. – 12 p.m.
During the Saturday celebration the community is invited to visit the branch and register for the chance to win one of three prizes, a $1,000 gift certificate giveaway to Green Conscience Home, an Apple ® iPad mini and a $250 cash reward in the "Fresh Greens" Sweepstakes. During the event, the "Fresh Greens award" of $250 in cash will be given away. The bank's mascot, Banker Buck, will be there greeting guests and handing out recycled piggy banks to the children. The Jockey (formerly Star Radio, 101.3) and DJ John Meany will be present hosting a live radio remote with prize drawings for local merchant gift certificates. Refreshments and beverages will be served throughout the event. Tours of the new branch and its many unique features will also be provided.
Commenting on the event, Robert Ward, Vice President noted, "This event allows the community to get a first-hand look at this new branch and the unique services that our staff provides. From the customer lounge area, to the free coffee bar we believe this is truly a special environment that allows our customers the opportunity to manage their financial services in a relaxed and warm atmosphere. We look forward to being part of this community and providing comprehensive financial services to residents and businesses in the area."
The new branch is approximately 2,400 square feet and is the first to be designed with an environmentally friendly theme in mind. Items incorporated in the branch's design include a customer lounge area, a self-service coffee bar, a coin counter, free Wi-Fi access, high
1 / 2
definition televisions and café seating for up to 20 people. The branch uses a passive solar design, solar panels on the roof, large, south facing windows, concrete flooring to absorb and radiate heat, high-efficiency LED lights and bike racks to encourage low impact travel. The exterior landscape design incorporates a mix of native plants and a retaining pond along with natural stonework.
The new Exit 11 Branch is managed by Ms. Sally Harrison, who has extensive banking experience. She is supported by two staff members. The bank's grand opening celebration concludes on March 2nd.
Visit www.adirondacktrust.com/en/exit-11-ballston-lake-office to learn more about this branch.
Founded in 1901 in Saratoga Springs, The Adirondack Trust Company is an independent, employee and locally owned and operated, community bank offering a wide variety of business and personal services. The Bank has over $1 billion in assets and twelve branches. The Adirondack Trust Company is rated by Bauer Financial as a 5-Star bank for the period ending September 30, 2012. The Bank offers trust, insurance and investment services and originates real estate mortgages, both residential and commercial, and commercial business loans throughout its market area. The Bank's website is www.adirondacktrust.com .
###
The Adirondack Trust Company 473 Broadway Saratoga Springs, NY 12866 (518) 584-5844
2 / 2
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You will develop a plan for what you intend to do after
graduating.
M
eANS Mission
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
SHANITA MICHELLE HOWARD, :
:
Plaintiff, :
:
vs. :
: CIVIL ACTION 12-0672-M
CAROLYN W. COLVIN, : Commission of Social Security, 1 :
:
Defendant. :
MEMORANDUM OPINION AND ORDER
In this action under 42 U.S.C. § 1383(c)(3), Plaintiff seeks judicial review of an adverse social security ruling which denied a claim for Supplemental Security Income (hereinafter SSI) (Docs. 1, 16). The parties filed written consent and this action has been referred to the undersigned Magistrate Judge to conduct all proceedings and order the entry of judgment in accordance with 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73 (see Doc. 22). Oral argument was waived in this action (Doc. 21). Upon consideration of the administrative record and the memoranda of the parties, it is ORDERED that the decision of the Commissioner be AFFIRMED and that this action be DISMISSED.
1Carolyn W. Colvin became the Commissioner of Social Security on February 14, 2013. Pursuant to Fed.R.Civ.P. 25(d), Colvin is substituted for Michael J. Astrue as Defendant in this action. No further action needs to be taken as a result of this substitution. 42 U.S.C. § 405(g).
Dockets.Justia.com
This Court is not free to reweigh the evidence or substitute its judgment for that of the Secretary of Health and Human Services, Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11 th Cir. 1983), which must be supported by substantial evidence. Richardson v. Perales, 402 U.S. 389, 401 (1971). The substantial evidence test requires "that the decision under review be supported by evidence sufficient to justify a reasoning mind in accepting it; it is more than a scintilla, but less than a preponderance." Brady v. Heckler, 724 F.2d 914, 918 (11 th Cir. 1984), quoting Jones v. Schweiker, 551 F.Supp. 205 (D. Md. 1982).
At the time of the administrative hearing, Plaintiff was forty-three years old, had completed a high school education (Tr. 60), and had previous work experience as a cashier, sales associate, housekeeper, and fast food worker (see Tr. 77-78). In claiming benefits, Plaintiff alleges disability due to the following: "degenerative disease of the cervical spine s/p anterior fusion and fixation with atlantis anterior cervical plate; chronic pain syndrome; arthritis; and thyroid disease s/p partial thyroidectomy; [and] malignant hypertension" (Doc. 16 Fact Sheet).
The Plaintiff filed an application for SSI on July 21, 2009 (Tr. 146-49; see also Tr. 19). Benefits were denied following a hearing by an Administrative Law Judge (ALJ) who determined that although Howard could not return to her past relevant work, there were specific light work jobs which she could perform (Tr. 19-30). Plaintiff requested review of the hearing decision (Tr. 15) by the Appeals Council, but it was denied (Tr. 1-5).
Plaintiff claims that the opinion of the ALJ is not supported by substantial evidence. Specifically, Howard alleges that: (1) The ALJ did not properly consider the conclusions of her treating physician; (2) the ALJ's finding regarding her residual functional capacity (hereinafter RFC) is not supported by the evidence of record; and (3) the Appeals Council did not properly consider newly submitted evidence (Doc. 16). Defendant has responded to—and denies—these claims (Doc. 17). The relevant evidence of record follows. 2
On May 14, 2009, Howard went to the University of South Alabama Medical Center (hereinafter USAMC) with complaints of lateral neck pain for one week following a work injury (Tr. 25962). She was given Ultram 3 and prescriptions for Flexeril 4 and Tylenol #3. 5
2The Court will only review the evidence that is relevant to the particular claims raised by Howard for the time period during which she has asserted disability.
4Flexeril is used along with "rest and physical therapy for relief of muscle spasm associated with acute, painful musculoskeletal conditions." Physician's Desk Reference 1455-57 (48th ed. 1994).
3 Ultram is an analgesic "indicated for the management of moderate to moderately severe pain." Physician's Desk Reference 2218 (54th ed. 2000).
5Error! Main Document Only.Tylenol with codeine is used "for
On May 29, 2009, White was seen at the Franklin Primary Health Center, Inc. for medication refills, complaining also that her shoulder continues to bother her (Tr. 265-66). She was diagnosed to have myalgia in the neck and shoulder and told to wear a soft cervical spine collar and return in three months.
On November 6, 2009, Plaintiff underwent a consultative physical examination by Dr. Henrietta T. Kovacs (Tr. 281-88). The doctor noted that White "was moaning continually during the musculoskeletal exam [and] resisted [] the passive range of motion of the [cervical] spine" (Tr. 284). Kovacs further noted minimal limitation of the dorsolumbar spine in flexion though there was moderate limitation in the range of motion (hereinafter ROM) of the left shoulder in every direction. The doctor noted that the motor system was normal and that White could heel and toe walk; she could squat with minimal help. Dr. Kovacs' impression, in part, was as follows: (1) cervical pain with questionable degree of limitation of the range of motion of the C-spine; (2) chronic low back pain, mild degenerative changes at L4-L5, and L5-S1 level; and (3) left shoulder pain with limitation of the ROM of the left shoulder. X-rays of the lumbar spine were normal (Tr. 288).
Medical records from the Mobile County Health Department
the relief of mild to moderately severe pain." Physician's Desk Reference 2061-62 (52 nd ed. 1998).
show that White was seen on September 22, 2010 with complaints of high blood pressure and headaches; she denied back pain or localized joint pain (Tr. 313-16; see generally Tr. 303-37). The C.R.N.P. noted that Plaintiff was in no acute distress and that there was no demonstrated decrease in suppleness in her neck; the musculoskeletal system was normal and a motor exam showed no dysfunction. Six days later, White underwent a gynecological exam; she had no complaints (Tr. 311-13). On October 28, Plaintiff complained of high blood pressure; she said her pain was zero on a ten-point scale (Tr. 309-10). On December 15, White had a sinus infection that was diagnosed to be an upper respiratory infection (Tr. 306-08). Two days later, Plaintiff went to get medication refills; she stated that she was in no pain (Tr. 303-06). Motor exam was normal and the musculoskeletal system was found to be normal. X-rays of the cervical spine demonstrated an anterior discectomy and interbody fusion at C5-6 with anterior metallic fixation hardware; it was further noted that body height and alignment was normal with disc spaces preserved (Tr. 335). An x-ray of the left shoulder showed possible mild developmental hypoplasia in the relatively shallow glenoid fossa; x-rays of the lumbar spine, thoracic spine, and right knee were normal (Tr. 336).
On February 1, 2011, Dr. Gregory Evans, with the Mobile County Health Department, completed a physical capacities
evaluation (hereinafter PCE) that stated his opinion that White was capable of lifting and carrying ten pounds frequently and twenty pounds occasionally; he further indicated that Plaintiff could sit for six hours, and stand or walk for one hour, during an eight-hour day (Tr. 338). Evans stated that White required an assistive device to walk. The doctor found Plaintiff capable of operating motor vehicles frequently; fine and gross manipulation and reaching occasionally; and arms and leg controls, climbing and balancing, bending and/or stooping, and working with or around hazardous machinery rarely. On the same date, Dr. Evans completed a pain questionnaire indicating that White's pain would distract her from daily activities or work and that physical exercise would increase her pain to such a degree that it would distract her from tasks and possibly cause abandonment of the tasks (Tr. 339). The doctor further indicated that medication side effects should not decrease her job effectiveness.
At the evidentiary hearing, a Vocational Expert (hereinafter VE) testified, first, about Howard's previous relevant work (Tr. 76-82). The ALJ then posed a hypothetical question to the VE about an individual with Plaintiff's RFC (Tr. 78; cf. Tr. 22) and asked if there was work available for this individual. The Expert stated that although Howard would not be able to perform any of her past relevant work, he listed the
specific jobs of ticket taker, self-storage rental clerk, and office helper as available work that she could do (Tr. 79).
In her decision, the ALJ determined that Howard had the [RFC] to perform less than the full range of light work as defined in 20 C.F.R. 416.967(b). 6 Specifically, she can stand and walk no more than thirty minutes at one time and no more than two hours total in an 8hour day. She can no more than occasionally reach overhead, operate foot controls, climb stairs or ramps, bend, stoop, kneel, or crouch. She can no more than frequently perform handling or reaching, other than overhead. She cannot crawl or climb ladders, scaffolds, or ropes. She cannot work around unprotected heights or dangerous equipment.
(Tr. 22). In reaching this determination, the ALJ found that Howard's testimony regarding her pain and limitations was not credible to the extent alleged (Tr. 24-25). 7 The ALJ adopted the conclusions of the VE as his own (Tr. 29).
In bringing this action, Plaintiff's first claim is that the ALJ did not properly consider the conclusions of her
6"Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time."
7Plaintiff has not challenged this finding in this action.
treating physician. Howard specifically references the conclusions of Dr. Gregory Evans (Doc. 16, pp. 6-10). It should be noted that "although the opinion of an examining physician is generally entitled to more weight than the opinion of a nonexamining physician, the ALJ is free to reject the opinion of any physician when the evidence supports a contrary conclusion." Oldham v. Schweiker, 660 F.2d 1078, 1084 (5th Cir. 1981); 8 see also 20 C.F.R. § 404.1527 (2013).
The medical record seems to illustrate that Dr. Evans examined Howard only once; that was on December 17, 2010 (Tr. 303-05). On that day, Plaintiff was rated as having zero pain on a ten-point scale, was in no distress, and was following up on refill medications and lab results. More than two months later, without further examination, Evans completed a PCE indicated that she was incapable of any work because she could not sit, stand, or walk for a combined total of eight hours during a workday (Tr. 338). The ALJ discredited Dr. Evans' findings of disability on the grounds that he had provided no clinical or objective findings to support his opinions; the ALJ pointed out that his notes from the single examination he had conducted did not support his conclusions (Tr. 27). The ALJ
8The Eleventh Circuit, in the en banc decision Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981), adopted as precedent decisions of the former Fifth Circuit rendered prior to October 1, 1981.
also pointed out that Howard's own testimony about her abilities was not as limiting as that of Dr. Evans. Finally, the ALJ noted that none of the other medical evidence of record supported his conclusions. The Court finds substantial evidence to support the ALJ's conclusions regarding Dr. Evan's findings. Plaintiff's claim otherwise is without merit.
Howard next claims that the ALJ's finding regarding her RFC is not supported by the evidence of record. The main thrust of this claim is that there is no medical evidence from any doctor that supports the variance in her abilities that the ALJ found as compared to the findings of her own treating physician (Doc. 16, pp. 4-6). Plaintiff also asserts that no doctor other than Dr. Evans completed a PCE.
The Court notes that the ALJ is responsible for determining a claimant's RFC. 20 C.F.R. § 404.1546 (2013). The Court also notes that the social security regulations state that Plaintiff is responsible for providing evidence from which the ALJ can make an RFC determination. 20 C.F.R. § 416.945(a)(3).
The Court found that Dr. Evans' medical conclusions are not supported by the evidence. Howard's testimony was found not credible, a finding not challenged herein. Though consultative examiner Kovacs did not complete a PCE, she did perform a full body examination of Plaintiff's ROM, finding almost no limitations except in the cervical spine and right shoulder (TR.
286-87). With the scant medical evidence available in this record, the Court cannot find that the ALJ was incorrect in finding that Howard's RFC provided her the opportunity to work. Plaintiff's claim otherwise is without merit.
Finally, Howard asserts that the Appeals Council did not properly consider newly submitted evidence (Doc. 16, pp. 10-13). It should be noted that "[a] reviewing court is limited to [the certified] record [of all of the evidence formally considered by the Secretary] in examining the evidence." Cherry v. Heckler, 760 F.2d 1186, 1193 (11th Cir. 1985). However, "new evidence first submitted to the Appeals Council is part of the administrative record that goes to the district court for review when the Appeals Council accepts the case for review as well as when the Council denies review." Keeton v. Department of Health and Human Services, 21 F.3d 1064, 1067 (11 th Cir. 1994). Under Ingram v. Commissioner of Social Security Administration, 496 F.3d 1253, 1264 (11 th Cir. 2007), district courts are instructed to consider, if such a claim is made, whether the Appeals Council properly considered the newly-submitted evidence in light of the ALJ's decision. To make that determination, the Court considers whether the claimant "establish[ed] that: (1) there is new, noncumulative evidence; (2) the evidence is 'material,' that is, relevant and probative so that there is a reasonable possibility that it would change the administrative
result, and (3) there is good cause for the failure to submit the evidence at the administrative level." Caulder v. Bowen, 791 F.2d 872, 877 (11th Cir. 1986).
The evidence being considered concerns an injury related to her cervical spine impairment (Tr. 36-52). The records date from June 16, 2000 through July 13, 2000, predating her asserted disability date of June 20, 2009 by nearly nine years. The Court finds that these records are neither new nor material; furthermore, Howard has not demonstrated good cause for failing to present them previously. The Court finds Plaintiff's assertion otherwise preposterous.
Plaintiff has raised three different claims in bringing this action. All are without merit. Upon consideration of the entire record, the Court finds "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Perales, 402 U.S. at 401. Therefore, it is ORDERED that the Secretary's decision be AFFIRMED, see Fortenberry v. Harris, 612 F.2d 947, 950 (5th Cir. 1980), and that this action be DISMISSED. Judgment will be entered by separate Order.
DONE this 24 th day of June, 2013.
s/BERT W. MILLING, JR. UNITED STATES MAGISTRATE JUDGE
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Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
TYPE III - OTHER PROJECT ACTIVITIES
Project participants shall take into account the general guidelines to for the SSC CDM methodologies, information on additionality (attachment A to appendix B) provided at: <http://cdm.unfccc.int/methodologies/SSCmethodologies/approved.html> mutatis mutandis.
III.G. Landfill Methane Recovery
Technology/measure
1. This methodology comprises measures to capture and combust methane from landfills (i.e. solid waste disposal sites) used for disposal of residues from human activities including municipal, industrial, and other solid wastes containing biodegradable organic matter.
2. Different options to utilise the recovered landfill gas as detailed in paragraph 3 of AMS-III.H "Methane recovery in wastewater treatment" (version 16) are eligible for use under this methodology. The relevant procedures in AMS-III.H shall be followed in this regard.
3. Measures are limited to those that result in aggregate emission reductions of less than or equal to 60 kt CO2 equivalent annually from all Type III components of the project activity.
4. The proposed project activity does not reduce the amount of organic waste that would be recycled in the absence of the project activity.
5. This methodology is not applicable if the management of the SWDS in the project activity is deliberately changed in order to increase methane generation compared to the situation prior to the implementation of the project activity (e.g. other than to meet a technical or regulatory requirement). For example, this may apply to the addition of liquids to a SWDS, pre-treating waste to seed it with bacteria for the purpose of increasing the anaerobic degradation environment of the SWDS or changing the shape of the SWDS to increase the methane production.
Boundary
6. The project boundary is the physical, geographical site of the landfill where the gas is captured and destroyed/used.
Baseline
7. The baseline scenario is the situation where, in the absence of the project activity, biomass and other organic matter are left to decay within the project boundary and methane is emitted to the atmosphere. Baseline emissions shall exclude methane emissions that would have to be removed to comply with national or local safety requirement or legal regulations. In addition, the effect of methane oxidation that is present in the baseline and absent in the project is taken into account: 1
1 OXtop-layer is the fraction of the methane in the LFG that would oxidize in the top layer of the SWDS in the absence of the project activity. Under the project activity, this effect is reduced as a part of the LFG is captured and does not pass through the top layer of the SWDS. This oxidation effect is also accounted for in the methodological tool "Emissions from solid waste disposal sites". In addition to this effect, the installation of a LFG capture system under the project activity may result in the suction of additional air into the SWDS. In some cases, such as with a high suction pressure, the air may decrease the amount of methane that is generated under the project activity. However, in most circumstances where the LFG is captured and used this effect was considered to be very small, as the operators of the SWDS have in most
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
III.G. Landfill Methane Recovery (cont)
Where:
BE
SWDS
CH ,4
OX
top_layer
PJ
MD
y reg,
F
y BL
CH ,
,4
Methane emission potential of a solid waste disposal site (in tCO2e), calculated using the methodological tool "Emissions from solid waste disposal sites Tool to determine methane emissions avoided from disposal of waste at a solid waste disposal site". The tool may be used:
- With the factor "f=0.0" assuming that no methane is captured and flared because the amount of LFG that would have been captured and destroyed is already accounted for in this equation;
- With the definition of year x as 'the year since the landfill started receiving wastes, x runs from the first year of landfill operation (x=1) to the year for which emissions are calculated (x=y)'.
The amount of waste type j deposited in each year x (Wj,x) shall be determined by sampling (as specified in the tool), in the case wastes are generated during the crediting period. Alternatively, for existing SWDS, if the pre-existing amount and composition of the wastes in the landfill are unknown, they can be estimated by using parameters related to the attended population or industrial activity, or by comparison with other landfills with similar conditions in regional or national levels
Fraction of methane in the LFG that would be oxidized in the top layer of the SWDS in the baseline (dimensionless). A default value of 0.1 can be used
Efficiency of the LFG capture system that will be installed in the project activity. It is used for ex ante estimation only. A default value of 50% can be used
Methane emissions that would be captured and destroyed to comply with national or local safety requirement or legal regulations in the year y (tCH4). Relevant procedure in ACM0001 "Flaring or use of landfill gas" may be followed
GWP
4 CH
Global Warming Potential for methane (value of 21)
Project activity emissions
8. Project activity emissions consist of :
(a) CO2 emissions from use of fossil fuel or electricity used by the project activity facilities (PEpower,y);
(b) Emissions from flaring or combustion of the gas stream (PEflare,y);
cases an incentive to achieve a high methane concentration in the LFG. For this reason, this effect is neglected as a conservative assumption.
, y
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
(c) Emissions from the landfill gas upgrading process (PEprocess,y), where applicable.
Where:
y
PE
Project emissions in year y (tCO2e)
y power PE ,
Emissions from the use of fossil fuel or electricity for the operation of the installed facilities in the year y (tCO2e)
y flare PE ,
Emissions from flaring or combustion of the landfill gas stream in the year y (tCO2e)
y process PE ,
Emissions from the landfill gas upgrading process in the year y (tCO2e), determined by following the relevant procedures described in annex 1 of AMS-III.H
9. Project emissions from electricity consumption are determined as per the procedures described in AMS-I.D "Grid connected renewable electricity generation". For project emissions from fossil fuel consumption the emission factor for the fossil fuel shall be used (tCO2/tonne). Local values are to be used, if local values are difficult to obtain, IPCC default values may be used. If recovered landfill gas is used to power auxiliary equipment of the project it should be taken into account accordingly, using zero as its emission factor.
10. In case flaring (single or multiple) is used to destroy all or part of the recovered landfill gas, project emissions from flaring in year y (PEflare,y in tCO2e) shall be determined following the procedure described in the "Tool to determine project emissions from flaring gases containing methane" for each flare respectively.
Leakage
11. If the methane recovery technology is equipment transferred from another activity, leakage effects are to be considered.
Emission reductions
12. The emission reduction achieved by the project activity can be estimated ex ante in the PDD by:
The actual emission reduction achieved by the project during the crediting period will be calculated using the amount of methane recovered and destroyed/gainfully used by the project activity, calculated as:
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
III.G. Landfill Methane Recovery (cont)
Where:
y MD Methane captured and destroyed/gainfully used by the project activity in the year y (tCH4)
Where:
y i LFG , Landfill gas destroyed via method i (flaring, fuelling, combustion, injection in a grid, etc.) in the year y (m 3 LFG ). The flow or volume measurement shall be at dry basis or at same humidity basis as y CH w ,4
y CH w ,4 Methane content in landfill gas in the year y (volume mass fraction, m 3 CH4 /m 3 LFG ). Landfill gas composition shall be at dry basis or at same humidity basis as y i LFG , y CH D ,4 Density of methane at the temperature and pressure of the landfill gas in the year y (tonnes/m 3 ). If y i LFG , is reported at normal conditions of temperature and pressure, the density of methane is also taken at normal conditions
13. In case of project activities which utilize the recovered methane for power generation, y MD may be calculated as follows, based on the amount of monitored electricity generation, without monitoring methane flow and concentration:
UNFCCC/CCNUCC
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
III.G. Landfill Methane Recovery (cont)
- Default efficiency of [35 or 40] %
14. Project proponents shall provide evidence to a validating DOE that only the landfill gas recovered in the project is used for power generation; no other gas or fuels except a start-up fuel 2 are used.
15. The method for integration of the terms in equation above to obtain the results for one year of measurements within the confidence level, as well as the methods and instruments used for metering, recording and processing the data obtained, shall be described in the project design document and monitored during the crediting period.
16. Project activities where a portion of the recovered landfill gas is destroyed through flaring and the other portion is used for energy may consider applying the flare efficiency to the portion of the landfill gas used for energy, if separate measurements of the respective flows are not performed. When the amount of methane that is combusted for energy and that is flared is separately monitored, or when only the landfill gas flow to the flare is monitored and the landfill gas used for energy is calculated based on electricity generation, a destruction efficiency of 100% can be used for the amount that is combusted for energy. 3
Monitoring
17. Flow meters, sampling devices and gas analysers shall be subject to regular maintenance, testing and calibration to ensure accuracy.
18. Relevant parameters shall be monitored as indicated in the table below. The applicable requirements specified in the "General Guidelines to for SSC CDM Methodologies" (e.g. calibration requirements, sampling requirements) are also an integral part of the monitoring guidelines specified below and therefore shall be referred by the project participants.
2 If a fuel is defined as a start-up fuel, it should not represent more than 3% of the total fuel utilized in the process, on energy basis.
3 Conditions apply: The energy component shall be either developed under a Type I SSC methodology or included in the project boundary with the energy output being monitored.
UNFCCC/CCNUCC
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
III.G. Landfill Methane Recovery (cont)
Project activity under a programme of activities
19. The following conditions apply for use of this methodology in a project activity under a programme of activities:
In case the project activity involves the replacement of equipment, and the leakage effect of the use of the replaced equipment in another activity is neglected, because the replaced equipment is scrapped, an independent monitoring of scrapping of replaced equipment needs to be implemented. The monitoring should include a check if the number of project activity equipment distributed by the project and the number of scrapped equipment correspond with each other. For this purpose scrapped equipment should be stored until such correspondence has been checked. The scrapping of replaced equipment should be documented and independently verified.
The methodology is applicable to a programme of activities, no additional leakage estimations are necessary other than that indicated under leakage section above.
III.G./Version 08 Scope 13 EB 67
| No. | Parameter | Description | Unit | Monitoring/ recording frequency |
|---|---|---|---|---|
| 1 | PE power, y | Parameters related to emissions from electricity and/or fuel consumption | tCO e 2 | |
| 2 | PE flare,y | Emissions from flaring or combustion of the landfill gas stream in the year y | tCO e 2 | |
| 3 | PE process, y | Emissions from the landfill gas upgrading process | tCO e 2 | |
| 4 | LFG i,y | Landfill gas destroyed via method i in year y | m3 | Continuous flow measurement with accumulated volume recording (e.g. hourly/daily accumulated reading) |
| No. | Parameter | Description | Unit | Monitoring/ recording frequency |
|---|---|---|---|---|
| 5. | w CH4,y | Methane content in landfill gas in the year y | %, volume basis | |
| 6. | T | Temperature of the landfill gas | oC | Shall be measured at the same time when methane content in landfill gas (w ) CH4,y is measured |
| 7. 8 | P EG y | Pressure of the landfill gas Electricity generation in year y | Pa MWh | Shall be measured at the same time when methane content in landfill gas (w ) CH4,y is measured |
| No. | Parameter | Description | Unit | Monitoring/ recording frequency | |
|---|---|---|---|---|---|
| 9 | EE y | Energy Conversion Efficiency of the project equipment | % | | As per paragraph 13 |
| | | | | | Specification provided by the equipment manufacture. The equipment shall be designed |
| | | | | | to utilize biogas as fuel, and efficiency specification is for this fuel. In case the |
| | | | | | specification provides a range of efficiency, the highest value of the range shall be used |
| | | | | | for the calculation |
UNFCCC/CCNUCC
Indicative simplified baseline and monitoring methodologies for selected small-scale CDM project activity categories
III.G. Landfill Methane Recovery (cont)
History of the document
| Version | Date |
|---|---|
| 08 | EB 67, Annex # 11 May 2012 |
| 07 | EB 63, Annex 21 29 September 2011 |
| 06 | EB 38, Annex 12 14 March 2008 |
| 05 | EB 33, Annex 20 27 July 2007 |
| 04 | EB 28, Annex 21 15 December 2006 |
| 03 | EB 25, Annex 26 21 July 2006 |
| 02 | EB 24, Meeting Report, Para. 64 12, May 2006 |
| 01 | EB 23, Annex 21 24 February 2006 |
Decision Class: Regulatory
Document Type: Standard
Business Function: Methodology
|
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CC-MAIN-2017-13
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FEES AND COSTS FOR EMPLOYMENT DISPUTES
These Rules and Procedures and this Fee Schedule shall apply to matters referred to NAM as a result of a pre-dispute Arbitration/Mediation contract provision entered into by mutual agreement between the parties. For cases in which there is no pre-dispute agreement/program to utilize dispute resolution to resolve employment matters, NAM's Standard Fee Schedule shall apply.
The following is a description of the types of fees assessed by NAM, the manner in which the fees are calculated and an explanation of the parties responsible for the various fees. NAM's Employment Rules and Procedures incorporate this Fee Schedule and require that the parties pay the fees set forth herein. In the event the pre-dispute agreement/program provides for payment of fees by one or more parties contrary to the fees set forth herein, it is solely within the discretion of the NAM administrator to determine if the agreement/program or the within fee schedule will apply.
The Hourly Arbitrator/Mediator Fees may vary depending upon the Hearing Officer selected for the case. Hearing Officers that command a different fee structure will be designated as such on NAM's roster. Such fee variances are discussed below under Hourly Arbitrator/Mediator Fees.
Filing Fee:
The Employee is charged a Filing Fee of $75* which shall be sent to NAM with the completed Demand for Arbitration/Mediation Request Form, as applicable. If the Employer is initiating the arbitration demand, the Employer shall be responsible for payment of the filing fee.
Administrative Fee:
The Employer is charged an Administrative Fee of $760* for each Arbitration/Mediation. All Administrative Fees are non-refundable. This fee must be received by NAM prior to scheduling any Arbitration/Mediation proceeding. This fee includes case administration, coordination, scheduling, document handling, faxing and postage.
Hourly Arbitrator/Mediator Fees:
REGULAR HEARING OFFICERS:
For each hour of Arbitrator/Mediator time, the Employer is charged $660* per hour. Arbitrator/Mediator time refers to the combination of conference/pre-hearing conference/hearing time, travel time (if required), study and review of written submissions and documents from the parties, research and decision preparation time (as applicable). All out-of-pocket expenses incurred by the Arbitrator/Mediator will be billed at cost and without markup to the Employer.
SPECIALLY DESIGNATED HEARING OFFICERS:
For each hour of Arbitrator/Mediator time, the Employer is charged $820* per hour. Each Specially Designated Hearing Officer may have a minimum number of hours to be charged per case heard or conferenced as reflected on NAM's Hearing Officer roster. As such, the Employer will be charged for the minimum number of hours even if the total time spent by such Hearing Officer is less. To the extent that the total Hearing Officer Time is more than the minimum number of hours as designated on NAM's Hearing Officer roster, additional hourly fees of $820* per hour will be charged. Arbitrator/Mediator time refers to the combination of conference/pre-hearing
1-800-358-2550 / www.namadr.com
conference/hearing time, travel time (if required), study and review of written submissions and documents from the parties, research and decision preparation time (as applicable). All out-of-pocket expenses incurred by the Arbitrator/Mediator will be billed at cost and without mark-up to the Employer.
Other Fees:
Preparation of third panel: If it becomes necessary for NAM to submit a third panel of Arbitrators/Mediators to the parties for whatever reason, the Employer will be charged a fee of $660* at the time the third panel is submitted to the parties.
Withdrawal/cancellation/settlement fees: In the event that a case is withdrawn/cancelled/settled, the Employer will be responsible for all Hourly Arbitrator/Mediator Fees for the number of hours already expended by the Arbitrator/Mediator (if applicable) in accordance with the above fees, as well as any out-of-pocket expenses incurred (if applicable). The Administrative Fee is always non-refundable. If a case is withdrawn/cancelled/settled after NAM has supplied the parties with an initial roster, the Employer will be charged a fee of $1,000* in addition to the non-refundable Administrative Fee and the fees for any and all Hourly Arbitrator/Mediator time incurred.
Supplemental administrative fee: In the event that additional time is required to be spent by NAM to address special requests by one of the parties, then NAM, in its sole discretion, may impose a supplemental administrative fee of $240* per hour. This fee shall be billed to and paid by the Employer.
Adjournment fees: In the event that a case is adjourned with notice to NAM of more than 21 days before the Hearing/Conference date, the adjourning party is responsible for payment of a $240* adjournment fee. In the event that a case is adjourned with notice to NAM of between 8 days and 21 days before the Hearing/Conference date, the adjourning party is responsible for payment of a $240* adjournment fee plus payment equal to 25% of the amount of time reserved for the case. In the event that a case is adjourned with notice to NAM of 7 days or less (excluding the scheduled date of the Hearing/Conference), the adjourning party is responsible for payment of a $240* adjournment fee plus payment equal to the amount of time reserved for the case. In the event that the case is adjourned on the scheduled date of the Hearing/Conference, the adjourning party is responsible for payment of a $600* adjournment fee plus payment equal to the amount of time reserved for the case. NAM may delay the rescheduling of the Hearing/Conference until payment of the adjournment fee and payment of the time reserved as explained herein is received.
PAYMENT TERMS
A. The filing fee is due at the time a Demand for Arbitration/Request for Mediation is filed with NAM.
B. The Employer shall be billed in advance of the hearing for the Administrative Fee and for 8 hours of Arbitrator/Mediator time. To the extent that the Arbitrator/Mediator time is less than 8 hours, the Employer will receive a refund equal to the pro-rata portion of such unused time. If the Arbitrator/Mediator time exceeds 8 hours, all additional hours will be billed at the applicable hourly rate specified above. Administrative fees and advance hearing time are to be paid before a case is scheduled. All other fees are due within 10 days of invoice date.
C. NAM may elect not to commence or continue administration of a claim or not to allow the Hearing/Conference to proceed until all outstanding fees are paid. Either party may advance fees for the other party in order for the case to progress; the repayment of such fees is between the parties and not between NAM and one of the parties.
1-800-358-2550 / www.namadr.com
D. The NAM Employment Administrator may, in his or her discretion, agree to waive any of the fees payable to NAM by an individual who is indigent and unable to pay.
E. All fees are to be paid in U.S. dollars.
F. Interest will be charged at a rate of 1.5% per month on balances more than 30 days past due.
G. Any questions or concerns regarding invoices should be brought to NAM's attention within 30 days of the receipt of the invoice. Any comments received after 30 days cannot be considered.
*Fees and costs are effective as of 07/1/16. All fees are subject to adjustment annually as of July 1 st of each year.
1-800-358-2550 / www.namadr.com
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Long Distance Love-The Final Chapter
By hornychik
Published on Lush Stories on 19 May 2008
All rights reserved by author, unless specifically authorized in writing. Use of, downloading of or copying is not otherwise authorized.
The end of one story, the beginning of another https://www.lushstories.com/stories/love-stories/long-distance-lovethe-final-chapter.aspx
Those of you looking to find sex in this story, will be disappointed, but it is the final chapter, one that needed to be written, to end the story for the readers who liked the first three chapters, and for the characters, who also needed their own ending.
This is the final chapter of this story, and the final chapter of this part of my life. To Jack, who was a wonderful lover, who is a wonderful man, and who will always be a wonderful friend. Thank you.
Jack and I had been trying to make this work for the better part of four years now. It wasn't working, at least not for me.
Jack was the divorced, single father of two wonderful boys, who I met over the Internet. When we first got together, Jack alluded to the fact that we would be a couple, a family. We got on well together, and especially when I would go to visit him. We never let the geographical distance come between us, until recently.
He lives in a small resort town, a couple of hours south of Seattle, and it was a wonderful spot for a vacation. We were compatible, or so it seemed, until I got home from my last visit for Thanksgiving of
Our time together was great, wonderful in fact. Jack was a wonderful lover, kind, considerate, sweet, but he always seemed to be holding some part of his heart back. I knew he had been hurt deeply, by his ex-wife, but I was not her. When I asked him about it, one night after he had made love to me, he laughed off my concerns, saying he had a great deal on his mind. When I pressed the issue the next morning, as we made breakfast for the boys, he said we were "okay". I took him at his word, and tried not to dwell on the feelings that I was having that there was something wrong with our relationship.
That night and every night for the rest of my two week visit, our love making had taken on a new urgency, whether it was my urgency or desire for something more, or Jack's, I don't know. He was driven, almost to prove a point to me, or maybe to himself, that there was nothing wrong with our relationship.
It was easy for me to believe that he was right, that I was being overly concerned, when I was in his arms, and he was making love to me. All seemed right with the world then, when he was buried deep inside my body, when he would make me come, licking my sensitive button, and lapping at the hot cum that would flow from my pussy.
We would make love when we would go to bed, after the kids were asleep, and he would wake me up in the same way in the early morning light. The passion alone, was enough to make me happy, and when the kids were up and home, well, the touches, the kisses, would happen, but it was always Grated, for family viewing. We were both well aware that the boys watched us closely.
I came home, and we talked every day on the phone. Christmas came and went, and I began to withdraw from Jack. It broke my heart, to do so, but I needed to figure out just where he fit into my life. I suppose it was a test, to see how long it would take him to miss me. Work was all I could manage as I tried to figure out what I needed to do.
As I reflected on our relationship, and more over, the past visit, I realized Jack no longer spoke of us as a couple or the four of us as a family. I waited for him to call me, to email me, for in the recent past, it was always I who made the initial contact. Oh, he would answer the phone and visit, or he would reply to my email, but it wasn't him who made the calls anymore. He seemed even more distant, and almost aloof.
I waited, and while I did, I met another man. Don't get me wrong, I did not set out looking, nor was I looking. One evening when I was sitting at home, I surfed into a website that allowed authors to post erotic stories. My sex life was something that had taken a nose dive of late, especially since I wasn't even calling Jack, so phone sex was not even in the picture. I had lost interest in sex, and this website, with the wonderful stories, let me revisit the wonderful, glorious act of the "solo flight".
This website also allowed you to send private messages to an author, and I did, to the one male author whose stories piqued my interest. I was bold, and that is normally not like me. I am usually shy around men, and I put my boldness down to the fact that the anonymity of the computer allowed me to be something that I wasn't, the bold seductress that I always wanted to be.
While I waited for Jack to contact me, I wrote stories for the website, and posted them. To my surprise, people read them, and according to their comments, enjoyed them. I had written erotic stories for a few years, but it was a hobby I kept under wraps, and never shared the fact that I wrote erotica or my stories with anyone else. They were for my pleasure alone, and I masturbate before, during and after penning a story.
I wrote and as I did so, the time I was waiting for Jack to contact me, wasn't so desperately long. The gentleman I sent the PM to started to correspond with me, via the PM service on the website, until one day, we exchanged email addresses. We started to email, and then progressed to chatting, via instant messaging. Our emails and chats began to take on a more and more sexual nature. We were having cybersex, without the web-cam. Time passed quickly, and still no word from Jack.
It was coming up to my annual spring vacation. My plans were to go and visit Jack and the boys, but now I was having second thoughts. It would be very uncomfortable, since I had fallen in love with someone else. Oh, God, I loved this other man, and he was married to boot. FUCK, could I not get anything right in my life?
I find a wonderful man, with two great kids, (a bonus for me, since I could not have children) who is single, but doesn't seem to have a mind to love me in the same way that I love him. CRAP!!!
Then, I find a great man, who adores me, and loves me just the way I am, and isn't it just my luck that he is married. DOUBLE CRAP!!!
I have to do something about Jack, and just when I decide to do this, two and a half months have passed by now, without contact, I get a one line email from him. ONE FUCKING LINE, in nearly three months. Okay, this really wasn't working for me! There is something that my favorite TV psychologist says that kept ringing true in my mind--"The greatest predictor of future behaviour, is present and current behaviour." If I was to pursue a relationship with Jack, this would be my life, weeks where he would pull away from me, (or I from him) and then expect everything to be hunky dory, when he wanted it to be, or needed it to be.
I sent him an email telling him that I had met some one else, and that we were making plans to spend the rest of our lives together. Jack seemed relieved, and frankly so was I. I wept when I told him, because we had had so many wonderful times as a family. I wanted us to still be friends, for the sake of the boys, and that we could agree upon. Jack even wanted to meet the new man in my life, when the time was right. Jack has now taken on the role of a big brother, a protector, and I'm not sure I like that one bit. Oh well, it is what it is. I will always love Jack, but now it is the love of a cherished friend.
To get back to my married man, we are indeed planning to spend the rest of our lives together. He is in the process of leaving his wife, after years of an unhappy and unsatisfying marital relationship. Just what is a gal to do, when the man she loves is already taken? I swore I wouldn't do anything to jeopardize his marriage, but it was already in jeopardy, long before I came along. Perhaps I am the catalyst that propelled the means to the end, but be that as it may, I LOVE HIM. Did I ever, in my life, see myself as "the other woman"? Not in this life time, or the next. We have no control over who we fall in love with, or who we love with all our heart. That is left to the fates. The fates have not been kind to my love life, but I pray they are changing their minds in that regard. Starting now.
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Ruben Pater (1977), designer.
Lives and works in Amsterdam, the Netherlands.
WORK
2016
Maasparadox. Exhibition on cultural resilience and climate change. Curator, designer, and researcher. Bureau Europa, Maastricht.
How Much of This is Fiction, exhibition design and graphic design at FACT, Liverpool, HeK, Basel and Framer Framed, Amsterdam. The Responsible Object, book design for Valiz publishers, Amsterdam.
The Politics of Design. Book about the responsibilities of visual communication. Written and designed. Published by BIS, Amsterdam.
2015
A Study into 21 st Century Drone Acoustics. Audio and interactive project with Gonçalo F. Cardoso, London. Vinyl LP and installation. Domestic Drone Defense, anti-drone weapon workshop for Hackers & Designers with Tijmen Schep. Amsterdam.
2014
Pret Park exhibition, curator. Lightness festival, Mediamatic.
Africa Remote Control, short film about drones in Africa. Screening in Capetown.
Spy puzzles, investigative journalism graphic puzzles. Weekly published in NRC-next.
2013
Drone Survival Guide, poster. An investigative research project about unmanned aerial vehicles. Behind the Blue Screen, video storytelling project with director Jaap van Heusden, published at de Correspondent. 13 th Istanbul Biennial, design, concept, and visual communication for the 13th Istanbul Biennial.
2012
Border Notebooks of the World, research project and series of notebooks.
Double Standards, research project, publication and art installation about piracy in Somalia.
Overstromingsdesk Enkhuizen, installation about flooding in the Netherlands.
2011
Dutch Sweets, publication made with Leon Dijkstra about the colonial heritage of sweets in Holland.
Protection Against Flooding, research project and publication about flooding in the Netherlands.
2000-2013
Senior graphic designer at various design studio's. Mattmo in Amsterdam, Dietwee in Utrecht, Lava in Amsterdam.
STUDYING
TEACHING
2012-2015 Man and communication, Design Academy, Eindhoven, the Netherlands.
SELECTED PUBLICATIONS
2016 'Treating the refugee crisis as a design problem is problematic'. online article, Dezeen, UK.
EXHIBITIONS
2017 WATCHED, C/O Berlin, Germany.
The Drones are Coming, Akershus kunstsenter, Lillestrøm, Norway.
2016 Design and Violence, (MoMA) at Science Gallery Dublin, Ireland.
Design Column, Museum Boijmans van Beuningen, Rotterdam, the Netherlands.
Sains et saufs, MUDAC, Lausanne, Switzerland.
Cairotronica, Cairo, Egypt.
Artefact, STUK, Leuven, Belgium.
Hacking Habitat, Utrecht, the Netherlands.
The Next Big Thing is Not a Thing, Bureau Europa, Maastricht, the Netherlands.
Global Control and Censorship, ZKM, Karlruhe, Germany.
'Secret' Science Gallery, Dublin, Ireland.
(No) Privacy, Fotodok, Utrecht, the Netherlands.
Surveillance Awareness Bureau, Wellington, New Zealand.
Crisis of History #2: Fight History, Tolhuistuin, Amsterdam, the Netherlands.
From Heaven to Hell, Villa Empain, Brussels, Belgium.
Japan Media Arts Festival, The National Art Center, Tokyo, Japan.
Design in the After Hours, World Design Capital, Cape Town, South Africa.
Decolonized Skies, Apex Art Gallery, New York, U.S.
Design Column, Museum Boijmans van Beuningen, Rotterdam, the Netherlands.
Click festival, Helsingør, Denmark.
Coming Soon, Bureau Europa, Maastricht, the Netherlands.
DEAF14, Dutch Electronic Art Festival, Amsterdam, the Netherlands.
Chaumont festival, France.
Unmapping the World, Lisbon, Portugal.
St. Etienne Design Biennial, France.
Toffiepop festival, Cape Town, South Africa.
2015
2014
2013
2012 Graduation exhibition Sandberg institute, former filmmuseum, Amsterdam, the Netherlands.
Zuiderzeemuseum, Installation Overstromingsdesk, Enkhuizen, the Netherlands.
AWARDS
2017 Best Verzorgde Boeken
2015
2015 Official Selection Dutch Film Festival, Behind the Blue Screen
2015
2010
2014
, Best Dutch Book Designs, The Responsible Object, Valiz, 2016
Official Selection South by Southwest festival, Austin, Behind the Blue Screen
European Design Awards, Gold Award, 13 Istanbul Biennial identity
Japan Media Art festival, Excellence Award, Drone Survival Guide th
European Design Awards, Gold Award, de Balie identity
2009
European Design Awards, Finalist, de Balie posters
Dutch Design Awards, Finalist identity category, Impakt festival
European Design Awards, Silver Award implementation, Impakt festival
2005 Dutch Design Awards, Finalist category illustration, Innovatienetwerk
Dutch Design Awards, first prize identity category, Vrede van Utrecht
2003 ADCN Awards, Winner Silver Lamp identity category, Vrede van Utrecht
TALKS AND LECTURES
2017 Design Matters, Pakhuis de Zwijger, Amsterdam, the Netherlands.
Can the Universal Be Specific?, Projekt Bauhaus, Heinrich Boll Stiftung, and ARCH+, Berlin, Germany.
2016 Big Brother Awards 2016, Amsterdam, the Netherlands.
Cultural Policies, Agendas of Impact, Framer Framed, Amsterdam, the Netherlands.
Cairotronica Conference, AUC Faliki, Cairo, Egypt.
The Politics of Design, Bureau Europa, Maastricht, the Netherlands.
Identity Matters, Volkshotel, Amsterdam
#Privacy Public Programme, Framer Framed, Amsterdam
'Overwerk'. Graphic Design Festival, Breda
Digital Domain presentation, South by Southwest festival, Austin, United States
Lounge talk Japan Media Arts Festival, Super Deluxe, Tokyo, Japan
Crypto Salon, de Brakke Grond, Amsterdam
De Oplossers, VN, Pakhuis de Zwijger
Drone Salon, DEAF014, Rotterdam
Behind the Blue Screen, Pakhuis de Zwijger
Visible Cities: Dawn of the Drones, Trouw, Amsterdam
Toffie pop festival, Cape Town, South Africa
2015
2014
2012
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Vice President for
Finance and Administration
Chief Human Resources Officer
(CHRO)
Associate Vice President
Nancy Resnick
Chief of Staff
Assistant Vice President
Administration
Kassy Fisher
Associate Vice President
Campus Planning and Facilities
Management
Michael Harwood
University Police
Department
Environmental
Health and Safety
Emergency
Management and
Fire Prevention
Risk Management
and Insurance
Office of
Sustainability
Facilities
Services
Utilities and
Energy
Design and
Construction
Campus
Planning
Printing and
Mailing Services
Executive Assistant
Daphne Joubran
Office of Affirmative
Action and Equal
Opportunity
Retirement Plans
Management*
Department of
Parking and
Transportation
VPFA Information
Technology
Office of the
VPFA
Payroll
Services
Student Financial
Services
Treasury
Operations
Human Resources
Programs and
Services
Human Resources
Operations
Employee and Labor
Relations
Talent Acquisition
and Development
Director, Budget and
Resource Planning
Stuart Laing
Director, Institutional
Research
JP Monroe**
Human
Resources
Financial
Services
Business Affairs
Information
Systems
Finance and Budget
Safety and Risk Services
Campus Planning and
Human Resources
VPFA Chief of Staff
Facilities Management
University Controller
Associate Vice President
Business Affairs
Kelly Wolf
Chief Resilience Officer (CRO)
Associate Vice President
Safety and Risk Services
André Le Duc
Chief Financial Officer (CFO)
Jamie Moffitt
Campus Geographic
Information Systems
(GIS)
VPFA Shared
Services
HIPAA Institutional
Privacy Officer
January 2017
* Serves seven public higher education institutions in Oregon
** Reports directly to Senior Vice Provost for Budget and Strategic Planning
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Dear Luxton Community, Family and Friends,
My name is Delina (also known as Miss D.) and I have lived in this amazing community for 14 years. My daughters, Sophie and Emma, have attended Luxton School since nursery and I have had the honour of being an Educational Assistant for the past two and a half years.
Many in the community are aware that our youngest daughter, Emma, suffers from a rare disorder called Mastocytosis. Mastocytosis is caused by an excess of mast cells in various tissues and organs in the body. Mast cells are part of the immune system and play a key role in the inflammatory process. When activated, mast cells rapidly release a host of chemicals like histamine and heparin and are instrumental in mediating anaphylaxis.
The following is a list of some of the triggers that can cause hives, blisters, low iron, angioedema, bone pain, cognitive difficulties and anaphylaxis for Emma: heat, cold, change in temperature, pressure, viral infections, humidity, foods high in histamine and many medications.
When Emma was first diagnosed it looked like she would have to be home schooled as controlling the hives was nearly impossible. The constant change in temperature from recess to P.E. as well as hives from sitting or writing at the desk was causing extreme fatigue. Emma had already been attending Luxton for 5 years and the thought of not completing school with her friends was heartbreaking!
With provincial funding for an educational assistant, Emma can continue going to school with her friends. Most Pediatric Mastocytosis patients are not so lucky. It is Emma's wish that All Canadian Children with Masto have the same opportunity to attend public school.
On May 10 th , 2012 Luxton School will celebrate "The Year of Giving" with family and the community. The students will share their community service projects and we will host a fundraiser for Mastocytosis Society Canada. The main component will be a Silent Art Auction. The community will have an opportunity to win some amazing Art, music, food, jewelry, stained glass, quilts, etc. The raffle tickets will range in price from one to five dollars. There will be a bake sale and many of the students will be selling their creations as well. We will have musicians and "Street Theatre" busking throughout the school. It will be a magical evening.
All of the money raised will fund the production of a video aimed to educate on the complex nature of Pediatric Mastocytosis. It will feature Luxton School and all that has been done to make Emma safe. This video will be available to caregivers of Pediatric patients with Mastocytosis.
If you, or someone you know, would like to donate a piece of art for the auction please contact me, (Delina) through Luxton School.
In closing, my family would like to publicly thank EVERY person (far too many to mention here) who have been instrumental in Emma's success at "the magical school" we call Luxton!
Delina, Mike, Ben, Zeph, Sophie, and of course, Emma.
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The International Ecotourism Society (TIES)
Digital Traveler ~ Asia Pacific eNewsletter, December 2007
www.ecotourism.org
Eco-Tour and Farm Visit to Help the Planet
By Donna & Stuart Hamilton, Coast to Coast Tours
Coast to Coast Tours, an Auckland-based tour company with the goal of giving visitors a blend of Nature, Culture, Conservation and Environmental aspects, started operating in 2002, and have been bringing people into their historic Homestead of Auckland, emphasizing the New Zealand lifestyle as well as the natural scenic attractions.
The company focuses on the West Auckland region, where our family has lived and farmed since 1922. We know the area, its history, and its people, very well. We have always regarded our tour quite different from the usual sightseeing tours because of the uniquely local experiences we offer.
We have noted with interest that there doesn't seem to be many organizations in New Zealand that follow the principles of ecotourism as TIES has set forth. When we took a holiday in Australia a couple of years ago and we discovered a tourist newspaper outlining the TIES descriptions of nature-based tourism and ecotourism. This gave us an indication that we were meeting these criteria, and we have been thrilled to contribute to TIES' international network as a member.
We've felt that although there are a number of ecotours in New Zealand, many focus mainly on the nature aspects of our country, and include little cultural experience - be it Maori or Pakeha (European). Recently, however, Tourism New Zealand has begun emphasizing the importance of Manaakitanga (sharing exceptional and natural hospitality, knowledge and beliefs, on the basis of mutual respect between host and visitor), and Kaitiakitanga (the guardianship and sustainable management of natural, built and cultural resources for the collective benefit of current and future generations), so it is pleasing to see such statements starting to filter through into the New Zealand tourism industry.
Stuart and Donna: Stuart has been a sheep farmer all of his working life, and Donna is part Ngai Tahu Maori.
With the New Zealand Government signing the Kyoto Agreement regarding climate change, the country is beginning to approach sustainability and environmental issues in a large way, e.g. windpower generation and tree planting for carbon credits.
Our tour company has decided do our own small contribution in regard to this, so along with our already eco-friendly operation, we are also offering our overseas visitors the opportunity to purchase their own New Zealand Native hardwood trees, which have been proven to be very effective in sequestering carbon.
Tel: +1 202-506-5033 Fax: +1 202-789-7279
Web: www.ecotourism.org Email: [email protected]
The International Ecotourism Society (TIES)
Digital Traveler ~ Asia Pacific eNewsletter, December 2007
www.ecotourism.org
We have established a nursery on our farm where visitors can select a tree and then plant it. They learn about global warming and how the tree will continue to grow and keep absorbing carbon for many years to come. This is a more personal and interactive way in which to 'buy' carbon credits compared to the usual over-the-counter method. (This particularly appeals to our cruise boat groups).
Their tree is numbered with a UV tag, and a certificate is issued. Later when we can be certain that the tree will not be stressed (e.g. by summer drought), it is re-planted into our forest reserve where it will be protected by covenants for perpetuity. To date, we are the only tour company in the Auckland region that is doing this type of tree planting, and we are finding it becoming more and more popular with our tourist visitors.
Native Tree certificate
About Coast to Coast Tours
We are based at our own sheep farm which has been in our family for 85 years. Today, it has been reduced to 100 acres and carries 500 sheep. During our travels as a family group, we thought how it would have been nice to interact more with "the locals" and experience their lifestyle. So, after we noted the absence of these types of tours (especially in the Auckland region!), we thought about starting an ECO-tour and formed 'Coast to Coast Tours'. We began operating in 2002, and today we have hosted people from (almost!) every part of the world; USA, Canada, Japan, Australia, New Caledonia, Hawaii, Tahiti, Papua New Guinea, China, Hong Kong, Malaysia, Thailand, Singapore, Philippines, Indonesia, India, Saudi Arabia, Dubai, Korea, Russia, Germany, France, Switzerland, Belgium, The Netherlands, Spain, Portugal, Italy, Denmark, Austria, Finland, Britain, Scotland, Wales, Ireland. (www.coast2coastnz.com)
Part of forest reserve
Tel: +1 202-506-5033 Fax: +1 202-789-7279
Web: www.ecotourism.org Email: [email protected]
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REPRODUCTION OF COPYRIGHT MATERIALS PROCEDURE
Computer Software
The Board recognizes that software piracy is a major problem and that it contributes to higher costs and lessens incentives for the development of good educational programs. In an effort to discourage violation of copyright laws and to prevent such illegal activities in the absence of any pre-existing license or condition;
1. District employees will be expected to adhere to the provisions of Public Law 96-517 (b) which amends Section 117 of Title 17, United States Code, to allow for the making of a back-up copy of computer programs. This states that ".....it is not an infringement for the owner of a copy of adaptation of that computer program provided:
a. that such new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or
b. that such a new copy and adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.
2. Illegal copies of copyright programs may not be made or used on school equipment.
3. The legal or insurance protection of the district will not be extended to employees who violate copyright laws.
4. The superintendent or his/her designee are the only individuals who may sign license agreements for software to be used in the district. If the material will be used in a school, the principal will also sign the agreement.
Off-The Air Videotaping
1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a non-profit educational institution for a period not to exceed the first 45 calendar days after date of recording. Upon conclusion of such retention period, all offair recordings must be erased or destroyed.
2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instruction reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the 45 calendar day retention period. "School Days" are school session days--not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions--within the 45 calendar day retention period.
3. Off-air recordings may be made only at the request of and used by individual teachers and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.
4. A limited number of copies may be reproduced from each off-air recording to meet legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
5. After the first ten consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for teacher evaluation period only for teacher evaluation purposes; i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
6. Off-air recordings need not be used in their entirety, but the recorded programs may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
7. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
8. Educational instructions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.
Print Materials
1. Teachers preparing a class may make or request to have made a single copy of:
a. a book chapter
b. an article from a newspaper or periodical
c. a short essay, story or poem
d. a chart, graph, diagram, cartoon, drawing, or picture from a book, periodical, or newspaper
2. Teachers may duplicate enough copies to provide one copy for each student in a course, as long as each copy includes a notice of copyright and as long as they meet three tests: the brevity test, the spontaneity test, and the cumulative effect test. (See booklet, "What Educators Should Know About Copyright.", Phi Delta Kappa, Fastback #233, 1986).
3. Teachers may not create through photocopying their own anthologies, compilations, or collective works whether brought together in one collection or reproduced and used separately. Also, any copying must not substitute for book purchase, periodicals, or reprints; this prohibition especially applies to the duplication of "consumable" materials such as workbooks, test booklets, and standardized tests. Students must not be charged more than the actual cost of copying the material. Finally, a teacher must not duplicate the same item from one term to another. (PDK #233)
The FAIR USE provision found in Section 107 of the 1976 Copyrights Act is the first statutory version of a judicial doctrine dating back over 100 years. It is intended to balance the interests of copyright owners with the needs of others for access to copyrighted materials. Educators are the primary but not the sole beneficiaries; limited access is available to news reporters, scholars, researchers, and media critics.
In determining FAIR USE, four basic factors are considered:
1. The PURPOSE and CHARACTER of the use ... nonprofit, educational, or commercial,
2. The NATURE of the copyrighted work...with distinction being made between creative and informational work,
3. The AMOUNT, SUBSTANTIALITY, or PORTION used...in relation to the copyrighted work as a whole and,
4. The effect of the use on the POTENTIAL MARKET of the copyrighted work.
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Planning Commission
Workshop Meeting Minutes
Thursday, November 1, 2012 5:30 p.m., Council Chambers
1. Call to Order by Chair Brunvand at 5:30 pm.
2. Roll Call
Present: Brunvand, Paull, Frost, Kozlik-Wall, Soukup, Miles, Bugge and Heinig
Absent: Smith (excused)
3. There was no public comment
4. Discussion of M-43/I-196 Corridor Zoning Overlay – Bob Petko, Progressive Eng.
Petko gave an overview of corridor planning and zoning and discussed specific issues and opportunities found along the M-43/I-196 Business Loop. Extended discussion occurred concerning the different character areas along the corridor and specific needs of each area.
It is expected that draft documents and graphics will be sent to the planning commissioners after the first of the year.
5. Meeting adjourned at 6:50 pm.
RESPECTFULLY SUBMITTED,
Marsha Ransom Recording Secretary
Planning Commission
Regular Meeting Minutes
Thursday, November 1, 2012 7:00 p.m., Council Chambers
1. Call to Order by Brunvand at 7 pm
2. Roll Call
Present: Bugge, Frost, Heinig, Miles, Paull, Soukup, Wall, Brunvand
Absent: Smith (excused)
3. Approval of Agenda
Motion by Bugge, second by Wall to approve the agenda as submitted. All in favor. Motion carried.
4. Approval of Minutes – October 4, 2012
Motion by Bugge, second by Wall to approve the October 4, 2012 minutes as written.
5. Interested Citizens in the Audience Will be Heard on Items Not on the Agenda
There were none.
6. Presentation and discussion of the proposed Recreation Plan – Brandy Gildea, Parks and Recreation Supervisor
Anderson explained the state requirements concerning local recreation plans and how they may be used by local governments to develop and improve park and recreation facilities. The state of Michigan requires that a community have an updated recreation plan filed with them every five (5) years. This document is a joint project between South Haven city and township, the South Haven Public Schools and the South Haven Area Recreation Authority (SHARA).
Gildea explained that the plan is required to be goal and health oriented.
Brunvand asked what was new in this draft plan. Gildea noted the updated census figures are included. The previous plan, adopted in 2008, was a complete makeover from the earlier plans so this is actually more of an update. As the plan is drafted, Gildea will constantly update the document as it appears on the city website.
Anderson asked what Gildea is looking for from the planning commission at this time. Gildea explained that this meeting is intended to obtain initial feedback from the planning commission. Gildea noted that there have been notices on the city website and in the newspaper inviting public comment. The draft document will need to be made available to the public for at least thirty (30) days before it can proceed to the Parks Commission for preliminary approval.
Bugge asked if there has been a solicitation to the public. Gildea said this meeting is part of the reaching out to the public. Brunvand commented on Elkenburg Park. Miles asked if the SHARP Park was a community endeavor where the city asked for help from the public. The township does not have a Parks Commission. Bugge pointed out that the city part of the plan does not mention that this sort of thing has to come before the Planning Commission which Bugge believes it should.
Wall and Soukup expressed their inability to make any comments or recommendation on this draft without all the sections completed. Soukup added that the recreation plan should reference and borrow from the Master Plan wherever possible. Wall suggested that Gildea talk with Anderson and "pick her brain".
Brunvand asked members to provide any feedback they may have at this time. Soukup said she needs to see the completed draft document before she can give constructive feedback. Wall agreed saying that the capital improvements schedule is so incomplete that she cannot begin to give overall comments at this time.
Miles noted that the school district has a new superintendent and they may be looking at a bond issue in the next couple of years. He wondered if that could affect any of the projects included in the plan. He also asked about any plans for the former armory property. Gildea noted that the school has sent their section of the plan and that is now on the website.
Brunvand pointed out that parks are a tremendous asset to the city. Saving or obtaining additional access along the lake for public use should be a high priority. He added that he hopes the city can reach agreement with the schools regarding Packard Park. He was also pleased to see the accessibility issues addressed in the plan. He also commented favorably on the South Beach improvements and was pleased that the Planning Commission was able to give input on that project. He suggested having large wheeled chairs available at concession stands for people to use. Gildea said the city is in the process of purchasing the Monroe property.
Brunvand commented on the armory site and the SHARP Park. He thinks that the armory site is where the soccer fields should be located. Brunvand is concerned that the SHARP Park will not get adequate funding because of the inaccessibility of the location.
Brunvand also commented favorably on the plan itself, mentioning several areas that were brought into the plan. Wall gave kudos to Gildea for her department's help in the cleaning of the bluff area.
Bugge mentioned the Black River and its turbidity and sedimentation. She spoke of the difficulty of getting boats in and out.
Bugge said that the draft plan should provide a clearer explanation of what SHARP and SHARA are and why they were formed.
Bugge pointed out that under the school section it mentions the high school pool as the only one in the city but the Wellness Center has a pool that is available to at least some of the community.
The plan discussed the possibility of a "splash pad" at Riverfront Park. Could that be further explained in the plan? Wall explained that the document is still in the planning stages and part of a grant the city is working on. Gildea explained that many of the listed projects are proposed as possibilities. Gildea mentioned that things can happen despite not being in there, but staff tries to put as many ideas in the plan as possible because there may be a grant available.
Bugge brought up the public input aspect again and Gildea noted that the park commissioners are asked to talk to the public and invite people to their meetings. Gildea noted that she sent out one hundred (100) letters to residents in the area of the Optimist Tot Lot inviting them to come to the next meeting to discuss the possibility of fencing that park for added safety.
Bugge said the duality of the ownership of Packard Park is not mentioned. Wall explained that there are a number of issues involved both legally and financially with that matter at this time. Gildea noted that Packard Park is mentioned in the inventory.
Brunvand spoke regarding user fees. There is nothing in the system or recreation plan for a reservation system. Gildea said it is something that staff may consider again. Gildea calls it the "unguaranteed reservation" system. Brunvand added that the pavilion is an asset.
Gildea will continue to update the website. Bugge suggested that when there is a major update let Anderson, Zoning and Planning Administrator, know so the Planning Commission may be updated.
7. Commissioner Comments
Paull spoke about some draft changes he and staff made to the Zoning Ordinance as a result of a couple of recent Zoning Board of Appeals cases. He asked that other planning commissioners look carefully at what is proposed when the completed draft is made available to members.
8. Adjournment
Motion by Miles, second by Frost to adjourn at 8:03 p.m. All in favor. Motion carried.
RESPECTFULLY SUBMITTED,
Marsha Ransom Recording Secretary
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We believe technology can be a powerful tool for enhancing student achievement and preparing them for their future. Over the past three years, Middletown Township Public Schools has implemented a one-to-one digital initiative that provides a Chromebook for every student in grades three through twelve. The use of these devices in the classroom has allowed us to begin creating student centered, personalized learning environments that empower our students to be well-rounded, contributing members of our technology infused, quickly changing global community.
Being able to connect online outside of the school day allows our students to truly have anytime, anywhere learning opportunities and is paramount in ending „bell-to-bell‟ learning schedules. We are hoping you will join in our efforts to closing the digital divide for the children we serve! We would like to speak with you, at your convenience, about becoming a "MTPS Community Connects Wifi Partner". This would require a very minimal time commitment and comes at no cost on your part. Becoming a partner could increase your customer base, while making a huge difference in our efforts to increase student access to information.
Please take a moment to read over and complete our partnership form using the following link: http://tinyurl.com/MTPScommunityconnects.
Once the form is completed, you will be contacted by a district representative who can discuss, in detail, how you will be providing enriching learning experiences for our students anytime, anywhere while promoting your business. Thank you for your consideration and we look forward to scheduling a time we can meet and discuss how you can become part of this worthwhile partnership for students in Middletown Township Public Schools.
William O. George III, Ed. D. Superintendent of Schools Middletown Township Public Schools
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2017-03-27T10:43:48Z
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Tolton, B.T., I. Kelman, and J.R. Drummond. 1996. "Measurements of Atmospheric Carbon Monoxide with a Length Modulated Radiometer". Presentation at the 30th CMOS (Canadian Meteorological and Oceanographic Society) Congress, 26-31 May 1996, Toronto, Canada.
Presentation abstract:
A ground-based remote sounding instrument to measure atmospheric carbon monoxide has been built and succesfully operated at the University of Toronto. This is the first remote sounding instrument to utilise a new form of correlation radiometer known as a Length Modulated Radiometer. The operating principle of the LMR is the modulation of a static gas cell path length by means of an optically inert filler material. Measurements of atmospheric CO were made with the instrument in downtown Toronto and at the Centre for Atmospheric Research Experiments (CARE) near Egbert Ontario, in the fall of 1994. This paper will discuss these measurements, the improvements which have been made to the instrumentation since that time, and the methods by which the system can be calibrated and the data analysed. This instrument is being used as a validation system for the measurement methodology for the MOPITT instrument which will be launched on the EOS-AM1 satellite later in this decade. In the future it is hoped that the instrument can be developed into a semi-automatic system for the validation of the satellite-based MOPITT instrument.
Ilan Kelman http://www.ilankelman.org
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2017-03-27T10:42:42Z
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MINUTES
REGULAR MEETING OF MAYOR AND COUNCIL OF JULY 7, 2014
Call to Order:
The Regular Meeting of Mayor and Council of July 7, 2014 was called to order by Mayor David Lockhart at 7:00 p.m.
Invocation:
The invocation was given by Rev. Leon Beeler followed by the Pledge of Allegiance to the American Flag.
Present:
Mayor David Lockhart and Councilmembers Tommy Smith, Latresa Akins, Linda Lord, Maudie McCord and Dabouze Antoine.
Also present were City Manager Frank Brandon, Director of Finance Mike Blandenburg, Director of Planning and Zoning Al Wiggins, Director of Recreation and Leisure Services Elaine Corley, Deputy Director of Recreation and Leisure Services Sharon Smith, Chief Dwayne Hobbs, Chief Eddie Buckholts, Director of Public Works Jeff Eady, Director of Support Services Christine Terrell, Management Analyst Angela Redding, Deputy Director of Finance Regina Ivie and City Attorney Mike Williams.
Approval of Minutes:
Comment Period:
Ms. Akins made a motion to approve the minutes of the Work Session and Regular Meeting of June 16, Special Meeting of June 30, and Special Meeting of July 1, seconded by Mr. Smith. Voting for the motion was unanimous.
Lawanda Falomi – stated she was very proud during the Special Called Meetings and interviews held for judges, she also challenged the council members to sister with the work force in other cities and get our citizens equipped when jobs become available.
Dianne Lunsford – stated she was very proud of our firefighters She asked if it was ethical for council members to vote on judges they had to go before in court.
Jasmine Hulio – wanted to make sure council was aware the court clerk is no longer here and if we did get new judges and a new solicitor, there is no one with experience working in the court and
Forest Park Community Day:
questioned how efficient the court would run. She asked them to consider this, along with the experience of the applicants.
Forest Park Drill Team – the Drill Team asked for support of the Council so it can remain a free activity open to students ages 12 to 21.
Felicia Davis – was present and asked for support of the Forest Park Drill Team. She stated she provided the council with a small budget that would enable 25 children to become members.
Edith Porter - stated the ditch in front of her house needs cleaning out to keep it from flooding her house.
Ramel Jackson – asked with the new company coming into Fort Gillem, does the city council have the authority to ask that a certain amount of those jobs go to Forest Park residents.
Mr. Antoine made a motion to amend the agenda and add the proposal for Forest Park Day Reunion, seconded by Ms. Akins.
Ms. Akins made a motion to grant Forest Park Day and that every 3 rd Saturday every year, be considered Forest Park Day in August, seconded by Mr. Antoine. Mayor Lockhart stated a motion already exists on the floor, and this motion is out of order.
Mr. Fincher suggested that we place it at some point on the agenda as an agenda item.
Mr. Antoine amended his previous motion to amend the agenda, add the proposal for Forest Park Day Reunion, and place it as item no. 1 on the agenda, seconded by Ms. Akins. Voting for the motion were Mr. Antoine, Ms. McCord and Ms. Akins. Ms. Lord and Mr. Smith voted against the motion. The motion carried.
Voting for the previous motion were Ms. McCord, Mr. Antoine, Mr. Smith and Ms. Akins. Ms. Lord opposed the motion. The motion carried.
Ms. Akins made a motion that every third Saturday in August for the next five years be considered Forest Park Community Day Reunion, seconded by Mr. Antoine. Voting for the motion were Mr.
Recess:
Public Hearing:
Proclamation:
Alcohol License:
Zoning Appeals Board:
Antoine, Ms. McCord and Ms. Akins. Voting against the motion were Mr. Smith and Ms. Lord. The motion carried.
Mayor Lockhart explained the motion that carried was every third Saturday in August will be considered Forest Park Community Day.
Ms. Lord made a motion to recess to hold a public hearing, seconded by Mr. Smith. Voting for the motion was unanimous.
Ms. Lord made a motion to open the Public Hearing to receive comments on the application for the Edward Byrne Justice Assistance Grant, seconded by Ms. McCord. Voting for the motion was unanimous.
Mayor Lockhart opened the Public Hearing to receive comments on the application for the Edward Byrne Justice Assistance Grant. Major Reynolds stated this grant will be used to provide the police department with a mobile sign that can be moved around the City.
Ms. Akins made a motion to close the Public Hearing and reconvene the meeting, seconded by Mr. Antoine. Voting for the motion was unanimous.
Mayor Lockhart presented a proclamation to Mr. Kelly Estes on behalf of his father, H. H. Estes, a former Councilman for the City, who recently passed away.
Mayor Lockhart presented a proclamation to the Forest Park Fire Department for winning first place in the First Annual Southside Firefighter's Competition.
Request was made to consider a new on-premises consumption alcohol license for liquor, beer and wine from JB's Billiards, LLC, JB Billiards & Bar, 4148 Jonesboro Road, no exceptions noted.
Ms. Lord made a motion to approve this request for an alcohol license, seconded by Ms. Akins. Voting for the motion was unanimous.
Request was made to consider the appointments to the Zoning Appeals Board previously presented by Mr. Wiggins.
Solicitor:
Environmental
Court Judge:
Municipal Court Judge:
Building Insp.
Contract:
Ms. Lord made a motion to accept the following individuals to serve on the Board as follows:
The motion was seconded by Mr. Smith. Voting for the motion was unanimous.
Mr. Smith made a motion to appoint Jerry Patrick as solicitor, seconded by Ms. Lord. Voting for the motion were Ms. Lord and Mr. Smith. Voting against the motion were Mr. Antoine, Ms. McCord and Ms. Akins. The motion failed.
Ms. Akins made a motion to appoint Kristal Holmes as Solicitor, seconded by Ms. McCord.
Mayor Lockhart stated those people that work in our system feel we do not need new staffing and felt Mr. Patrick has been very fair and felt it would work in our city and citizens best interest, for him to remain in that position.
Voting for the motion were Mr. Antoine, Ms. McCord and Ms. Akins. Voting against the motion were Mr. Smith and Ms. Lord. The motion carried.
Mayor Lockhart stated he will put in writing that he will veto this action.
Mr. Smith made a motion to appoint Ethenia King as Environmental Court Judge, seconded by Ms. Lord. Voting for the motion was unanimous.
Ms. Akins made a motion to appoint Ronald Freeman as Municipal Court Judge, seconded by Mr. Smith. Voting for the motion was unanimous.
Request was made to consider Building Inspections Contract between the City of Forest Park and Charles Abbott Associates.
Settlement Agreement:
Other business:
Adjournment:
Ms. Akins made a motion to accept this Contract, seconded by Ms. McCord. Voting for the motion was unanimous.
Executive Session: Ms. Akins made a motion to enter into executive session to discuss litigation issues and personnel matters, seconded by Ms. McCord. Voting for the motion was unanimous.
The Governing Body entered into Executive Session at 7:50 p.m.
Ms. McCord made a motion to reconvene the regular meeting, seconded by Mr. Smith. Voting for the motion was unanimous.
Request was made to consider Settlement Agreement and Terms of Settlement Order between Jack Galardi, Red Eyed, Inc. d/b/a Crazy Horse Saloon, Walleye, LLC, Mia Luna, Inc. d/b/a Pink Pony South, and JGP&P, LLC and the City of Forest Park.
Ms. Akins made a motion to table this until the next meeting, seconded by Mr. Antoine.
Ms. Akins withdrew her motion. Voting for withdrawal of the motion was unanimous.
Ms. Akins made a motion to table this Settlement Agreement until the next meeting during which time our City Attorney is instructed to confer with the other parties to coordinate further discussion, seconded by Mr. Smith. Voting for the motion was unanimous.
Mr. Antoine made a motion that the City Manager does not sit on the dais with council, but in the audience.
Mayor Lockhart stated that is not on the agenda and ruled the motion out of order.
Ms. Akins made a motion to amend the agenda to add the item with respect to the City Manager sitting in the audience, seconded by Mr. Antoine. Voting for the motion were Mr. Antoine and Ms. Akins. Voting against the motion were Mr. Smith, Ms. Lord and Ms. McCord. The motion failed.
Ms. Akins made a motion to adjourn, seconded by Ms. McCord. Voting for the motion was unanimous.
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SHIPPING & RECEIVING HOURS
*Appointments are required for all locations.
ANDERSON
* Inbound, Monday-Friday:
o First block 6:00 AM – 9:30 AM
o Second block 10:00 AM – 2:00 PM
o Third block 2:30 PM – 5:30 PM
o Fourth block 6:00 PM – 9:00 PM
* Outbound: 6:00 AM – 9:30 PM, Monday-Friday
BIRMINGHAM
* Inbound, Monday-Friday:
o Cylinders (Door 1)
§ First block 6:00 AM – 9:00 AM
§ Second block 9:00 AM – 12:00 PM
§ Third block 12:30 PM – 3:30 PM
§ Fourth block 3:30 PM – 6:30 PM
o Skids (Door 3)
§ First block 7:00 AM – 11:00 AM
§ Second block 3:00 PM – 7:00 PM
§ Third block 11:00 PM – 3:00 AM
* Outbound: 11:00 PM Sunday – 8:00 PM Friday
GRAND RAPIDS
* Inbound: 7:00 AM – 3:00 PM, Monday-Friday
* Outbound: 5:30 AM – 5:30 PM, Monday-Friday
JEFFERSONVILLE
* Inbound, Monday-Friday:
o First block 7:00 AM – 11:00 AM
o Second block 11:00 AM – 3:00 PM
o Third block 3:00 PM – 7:00 PM
* Outbound: 11:00 PM Sunday – 7:00 PM Friday
MELVINDALE
* Inbound, Monday-Friday:
o Second block 1:00 PM – 5:00 PM
o First block 7:00 AM – 12:00 PM
o Third block 6:00 PM – 10:00 PM
* Outbound: 11:00 PM Sunday – 10:00 PM Friday
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God's Blessings to You at Christmas
May you know the coming of our Lord in a new way this season. Reid Doster, Coordinator; Kyle Kelley, Associate Coordinator; Jenny Hodge, Together for Hope Missionary
Advent, meaning "the coming," is a time when we wait expectantly. Christians began to celebrate it as a season during the fourth and fifth centuries. Like Mary, we celebrate the coming of the Christ child, what God has already done.
And we wait in expectation of the full coming of God's reign on earth and for the return of Christ, what God will yet do. But this waiting is not a passive waiting. It is an active waiting. As any expectant mother knows, this waiting also involves preparation, exercise, nutrition, care, prayer, work; and birth involves pain, blood, tears, joy, release, community. It is called labor for a reason. Likewise, we are in a world pregnant with hope, and we live in the expectation of the coming of God's kingdom on earth. As we wait, we also work, cry, pray, ache; we are the midwives of another world. -- Common Prayer for Ordinary Radicals
Advent 2013 In This Issue:
1. Advent - Pregnant with Hope
2. CNN Comes to Lake Providence
3. Finding Ourselves in God's Story Stagg Tolbert Biblical Forum 2013
4. Lott New Pastor at St. Charles
5. Church for the Highlands turns 3
cbfla.org [email protected]
John Sutter with CNN made 2 trips to Lake Providence, collecting material on income inequality and staying long enough to give a nuanced story. His research found that, yes, Lake Providence is the most unequal place economically in the United States. Yet, he also found hope and gives us plenty to think about as Christians committed to bringing God's wholeness to people and communities.
His videos and articles at CNN.com are well worth the time. This "news" requires our prayerful attention and continuing commitment to put feet to those prayers. You will be moved by the young African American woman in the lead video who feels deeply God has something in mind for Lake Providence. He also listed our missionary Jenny Hodge and her work there as among "10 heroes of Income Inequality, USA.”
You can feel most encouraged in the traction starting to build in the Lake Providence work. Jenny has masterfully pulled together a local planning group of a cross section of the community who are building on a sound, asset-based approach to make positive change together. Her vision is to be a facilitator in the process of local leaders determining community priorities and finding ways to work together to make lasting change. As those plans advance, she will find appropriate ways for outside groups and churches to come along side and support local efforts. Read about the early steps of this process at her new smartly designed website tfh-la.org. (Funding for the new website was provided by Broadmoor Baptist in Baton Rouge. Thanks!)
Another key development is the launching of the Together for Hope Advisory Council, composed of members from CBF-LA churches around the state. Jenny has assembled a diverse and talented group who are already at work generating ways to enhance and further develop the work. You will be hearing more about that later. All of this is almost too much to say grace over, but we do, and praise God for these advancements.
Many were touched by the CNN story, including this young person from Florida who sent a small donation with a note signed "A Broke College Student." Read Jenny Hodge's reflections on this gift at her blog found at tfh-la.org.
more on back
Stagg -Tolbert Biblical Forum 2013 Enlightens, Inspires
Sarah Shelton lectured on "Finding Our Story in the Biblical Story." She then led participants in acting out selected biblical stories and astutely guided on staff with, and is mentor to, their new pastor Elizabeth Mangham Lott.
us in finding the personal and often moving intersections of our
This year marked a special 10th anniversary of the Forum, an event designed to make excellence in biblical scholarship accessible to the lay person. The Forum is named in honor of two renowned Louisiana Baptist biblical scholars, the
Shelton shares moment with Forum namesake Malcolm Tolbert.
late Dr. Frank Stagg and Dr. Malcolm Tolbert.
St. Charles members present.
own narratives wrapped inside the larger story of God's grace.
Celebrating a St. Charles connection, a number of folks made the trip up from New Orleans to meet Shelton who served
Congratulations to Rev. Elizabeth Mangham Lott who has been called as
Senior Pastor of St. Charles Avenue Baptist Church in New Orleans. Rev. Lott, a native of Mobile, has served as Associate Pastor of Westover Baptist Church in Richmond, Va., since 2010. She earned her Master's of Divinity degree from Baptist Theological Seminary at Richmond in 2008. Rev. Lott also served in associate ministerial positions at Northminster Baptist Church in Richmond and Baptist Church of the Covenant in Birmingham. She earned her bachelor's degree in congregational studies at Samford University. Founded in 1898, St. Charles Avenue Baptist Church has been blessed with many excellent pastors known for strong preaching and innovative leadership. In a serendipitous twist, Rev. Lott has served on staff with Sarah Shelton, our Forum speaker.
Church for the Highlands Celebrates 3rd Birthday with Baptism while its "Original Dixieland Jazz Band" plays "Wade in the Water."
Church for the Highlands, a CBF church start entering its 4th year has been determined to own as little property as possible. Added now to the parade float, party wagon and van, is a spanking new portable baptistry.
Pastor John Henson gives the benediction below before the lunch and anniversary cake. The church feels blessed to be guided into so many varied ministries from weekly feeding, after school programs, anti-predatory lending financial services, outreach to veterans, various clothing ministries and more. Partnerships with churches, non-profits, VOA and in-
dividuals are treasured. It has been a gift to experience and discover church in such diversity and to be supported by prayer and financial contributions from many beyond its doors.
__ CBF-LA Ministry Budget $______ __ New Church Start$______ __ Together for Hope Rural Poverty $______ __ Disaster Relief $_______
__ Hope (Missionary) Fund $____ Other:_______________ $________
Your name (please print) _____________________________________________
Address ___________________________________________ City___________
State ___ Zip________Phone_____________Email___________________________
Make checks payable to CBF of Louisiana, 2220 South Vienna Street, Ruston, LA 71270
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BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to Create a Consistent Regulatory Framework for the Guidance, Planning, and Evaluation of Integrated Demand-Side Resource Programs.
R.14-10-003
October 2, 2014
RESPONSE OF THE CALIFORNIA ENERGY STORAGE ALLIANCE TO ORDER INSTITUTING RULEMAKING
Donald C. Liddell DOUGLASS & LIDDELL 2928 2 nd Avenue San Diego, California 92103
Telephone: (619) 993-9096
Facsimile: (619) 296-4662
Email: [email protected]
Attorney for the
ALIFORNIA ENERGY STORAGE ALLIANCE
C
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to Create a Consistent Regulatory Framework for the Guidance, Planning, and Evaluation of Integrated Demand-Side Resource Programs.
R.14-10-003 October 2, 2014
RESPONSE OF THE CALIFORNIA ENERGY STORAGE ALLIANCE TO ORDER INSTITUTING RULEMAKING
The California Energy Storage Alliance ("CESA") 1 hereby submits these comments pursuant to the Rules of Practice and Procedure of the California Public Utilities Commission ("Commission"), and the Joint Assigned Commissioner and Administrative Law Judge's Ruling Requesting Responses to Questions, filed on April 14, 2015 ("Ruling").
I. INTRODUCTION.
CESA commends the Commission for initiating this overarching proceeding to understand, plan for and manage the role of demand-side resources in California. Integrating
1 1 Energy Systems Inc., Abengoa, Advanced Microgrid Solutions, AES Energy Storage, Aquion Energy, ARES North America, Brookfield, Chargepoint, Clean Energy Systems, CODA Energy, Consolidated Edison Development, Inc., Cumulus Energy Storage, Customized Energy Solutions, Demand Energy, Duke Energy, Dynapower Company, LLC, Eagle Crest Energy Company, East Penn Manufacturing Company, Ecoult, ELSYS Inc., Energy Storage Systems, Inc., Enersys, EnerVault Corporation, Enphase ENERGY, EV Grid, Flextronics, GE Energy Storage, Green Charge Networks, Greensmith Energy, Gridtential Energy, Inc., Hitachi Chemical Co., Ice Energy, IMERGY Power Systems, Innovation Core SEI, Inc. (A Sumitomo Electric Company), Invenergy LLC, K&L Gates, LG Chem Power, Inc., LightSail Energy, Lockheed Martin Advanced Energy Storage LLC, LS Power Development, LLC, Manatt, Phelps & Phillips, LLP, Mitsubishi Corporation (Americas), Mobile Solar, NEC Energy Solutions, Inc., NextEra Energy Resources, NRG Solar LLC, OutBack Power Technologies, Panasonic, Parker Hannifin Corporation, Powertree Services Inc., Primus Power Corporation, Princeton Power Systems, Recurrent Energy, Renewable Energy Systems Americas Inc., Rosendin Electric, S&C Electric Company, Saft America Inc., Sharp Electronics Corporation, Skylar Capital Management, SolarCity, Sony Corporation of America, Sovereign Energy, STEM, SunEdison, SunPower, Toshiba International Corporation, Trimark Associates, Inc., Tri-Technic, Wellhead Electric.
1
these resources will provide an unmatched opportunity to leverage the investments of hundreds of thousands of households, businesses, third party developers, as well as an exponentially growing fleet of electric vehicles, to reduce greenhouse gas ("GHG") emissions in California's electric power system. Creating the right incentives and procurement mechanisms with a clear understanding of the costs and benefits of highly dispatchable resources such as energy storage will help unlock the value of Governor Brown's energy goals for all ratepayers. CESA looks forward to participating in this proceeding.
II. RESPONSES TO QUESTIONS REGARDING DEFINITION AND GOAL
1. The workshop participants developed several definitions for the integration of demand-side resources or integrated demand-side management (see pages 4 through 5 above). These definitions have similarities and differences. Is there one definition that stands out as the most appropriate to be used or do you suggest a different definition? Should the Commission define both the integration of demand-side resources and integrated demand-side management? If so, please comment on both terms.
CESA Response: CESA supports several definitions on the list, however none of them capture the goals that are excellently outlined in the workshop document at pages 6 and 7:
To create a framework to support the accelerated contribution of distributed energy resources, [add: "including energy storage,"] to reduce greenhouse gas emissions.
- Sub-goal 1: To enable customer awareness, choice and ease of participation in distributed energy resources by giving them improved cost and value signals, and infrastructure.
- Sub-goal 2: To create a distribution system market that facilitates and accelerates third party provision of one-touch services and products, and that functions as the sole location for compensation for the diverse values of distributive energy resources.
This sub-goal raises a number of critical issues for energy storage developers. The current barriers that are preventing behind the meter projects from delivering distribution level services to the grid are:
- Telemetry and metering costs are prohibitive for smaller and aggregated behindthe-meter projects. There are several immediate roadblocks that need to be addressed in Proxy Demand Response ("PDR"), Reliability Demand Response Resources ("RDRR"), and Non-Generating Resources ("NGR") to unlock these critical resources. One of the objectives of this sub-goal should be to find alternatives to arbitrary baseline calculation methods, inconsistent aggregation rules, and unjustified fees that are currently paralyzing these resources.
- Interconnection and generator study processes are costly, slow, and inefficient with multiple touch points and roadblocks for third party developers. The Integrated Demand Side Management ("IDSM") and DRP proceedings provide the opportunity to reverse the interconnection process, from a one-way developer "poke in the dark" approach to a collaborative approach that highlights grid pain points. Creating a supervised space for utilities to share their needs and procure critical distribution support services should be one of the goals of this proceeding.
CESA also believes it is premature to include "sole location for compensation" and encourages the commission to remove it. Currently, the most viable method for compensation to DERs is in the wholesale market through the CAISO's Proxy Demand Response Function, and the CAISO is actively working to expand the services that aggregated DERs can provide the wholesale market. Further, while CESA strongly supports the creation of a distribution system market that captures the complete range of value that DERs can offer the bulk transmission and local distribution systems, continued legal challenges of FERC Order 745 at the Federal level have resulted in ongoing uncertainty as to the ultimate framework that will enable provision of a full range of benefits from DERs. As a result, CESA encourages caution not to unnecessarily rule out alternate DER market participation mechanisms too early in the process.
- Sub-goal 3: To enable transmission and procurement planning processes to rely upon distribution system market and on distributive energy resources.
Energy storage can be a least cost solution to meet T&D needs, and the Commission should ensure that utilities fully evaluate non-wires alternatives when seeking to upgrade system infrastructure. During evaluation, utility planners should do more to consider third party-owned energy storage solutions, as well as other distributed energy solutions as potential alternatives to more traditional investments in utility-owned infrastructure. Utilities should also view market services from energy storage as an added source of ratepayer benefits when evaluating alternatives.
CESA also offers an alternative definition to the integration of demand-side resources: Create an outstanding user experience as well as clear valuation and procurement mechanisms that increase the use of utility, customer, and third-party owned demand side management programs and technologies, such as energy storage, to achieve California's state energy policy goals and build a cleaner, more efficient, cost-effective, and reliable electric power system.
2. Should the Commission adopt more than one definition for the integration of demand-side resources and why or why not?
CESA Response: The Commission should adopt one definition for the integration of demand-side resources.
3. The workshop participants developed several goals for the integration of demand-side resources (see pages 6 through 7 above). Should the Commission consider having one overarching goal or it should it have several goals? Why?
CESA Response: CESA's position is that there should be five main objectives to this overarching proceeding.
First, increase knowledge, engagement mechanisms, and participation rewards, for all electric customers and third party developers to encourage widespread use of distributed energy resources ("DERs") such as energy storage to reduce the costs and environmental impact of energy generation and distribution for all ratepayers.
Second, accelerate market transformation by creating clarity and removing market participation barriers for cost-effective DER such as energy storage:
* Work with system operators and load serving entities ("LSEs") to create clear and detailed product characteristics (duration, location, ramp rate, load carrying capability, etc.) with associated long term revenue streams that encourage third party investments in products and services such as energy storage that meet existing and future system needs.
* Establish a variety of contracting mechanisms for demand side management programs to allow for business model neutrality, and a full array of tariffs, and other incentive mechanisms.
* Create procurement mechanisms that reduce the soft costs of demand side management technology such as energy storage. This should include removing minimum procurement amounts and encouraging a diversity of business models and contractual frameworks.
* Expand the dispatch windows and allow demand side management resources to provide year-round resources when they are cost-effective and compete with using fossil fuel alternatives.
Third, support policy transformation that integrates DERs such as energy storage in the planning, management and operation of the electric power system. The Commission and stakeholders should explore appropriate incentives and penalties for these resources to be dispatched in accordance with California's energy policy goals. Failure to include IDSM in long-term planning would necessarily result in a significant amount of that value going unrecognized and essentially force ratepayers to procure duplicative resources.
Fourth, in close coordination with the interconnection (Rule 21) rulemaking (R.11-09011), collaborate with system operators and LSEs to adapt interconnection processes to streamline interconnection processes for demand-side resources meeting the characteristics and operational requirements such that DERs become "plug-and-play" on the grid, provided they meet local and system constraints identified in the interconnection process by the system operators and LSEs. For example, interconnection requests in the future could start with the ISO/LSE identifying operational constraints & characteristics that would be required for a basic interconnection with minimal upgrades. Interconnection customers could then design a system at that single interconnection point, inclusive of all types of DERs such as solar PV, energy storage, electric vehicles, etc., that would manage generation, load, and ancillary services provided to the grid based on the identified operational characteristics & constraints.
Finally, in close coordination with the distributed energy resources ("DER")" rulemaking proceeding, the goal of this proceeding should be to augment ongoing costeffectiveness modeling, tools and help stakeholders understand and capture all of the costs and benefits of demand-side resources, building on the current efforts underway in other active Commission proceedings such as Demand Response ("DR") rulemaking (R.13-09-011), the Energy Storage rulemaking (R.10-12-007), and the DER rulemaking (R.14-08-013). These benefits should include non-energy benefits and, rather than making these critical non-energy benefits optional inclusions for lack of clear methodology, the Commission should use this proceeding to develop a methodology for estimating the costs and benefits of these inputs and make them a mandatory element of the evaluation framework.
In an effort to quantify the system impacts of distributed energy storage, CESA recently modeled the electric power system with and without 412.5 MW of two-hour energy storage (the minimum duration requirement for Self Generation Incentive Program ("SGIP") eligibility). The results and quantified system benefit impacts were impressive. A small amount of energy storage (representing a fraction of less than 1% of California's generation fleet capacity) reduced costly annual generation starts by 7% and reduced annual renewable curtailment by 6%. The unified cost-effectiveness methodologies that are developed in this proceeding and in related proceeding must include short term and long term true costs and benefits to serve by time and location, including timeframes as granular as minutes or seconds and locations as specific as neighborhoods or city blocks.
4. If the Commission selects one goal for the integration of demand- side resources, what should that goal be? Remember that a goal or goals should be broad, generic, long-term, and not strictly measurable or tangible.
CESA Response: The goal of IDSM should be to create tools and rewards that maximize the use of existing and future demand side management assets, such as energy storage, to avoid or delay the need for new generation, transmission, and distribution infrastructure. Beyond supplying cost-effective, reliable, and viable resources to customers, the programs should help support state policy goals: provide low-cost electricity services; improve system efficiency and resource diversity; ensure reliability and resiliency; reduced greenhouse gas emissions; allow the integration of more renewable energy, and the promotion of Zero-Net Energy buildings.
5. If the commission determines that it needs several goals for the integration of demand-side resources, what should the structure of these goals entail? For example, should there be an overarching goal with sub-goals or should there be several goals based on categories? Please explain why.
CESA Response: Given the broad scope of this proceeding, it would be preferable to create an overarching goal and sub goals for each category of stakeholders, as discussed above. These goals could be articulated around a percentage of peak load for California IOUs. Resource specific goals should be tied to clearly articulated grid needs. For example, creating a framework for ten percent of peak load to be met by highly dispatchable demand side management resources such as those currently being deployed by energy storage developers throughout California would contribute substantially to some of the emerging overgeneration issues highlighted in the recent CAISO modeling efforts illustrated hereafter. 2
6. If the Commission determines it should have an overarching goal with sub-goals, what should these be and why?
CESA Response: The overarching goal and sub-goals are discussed above in response to
Question Number 3.
7. If the Commission determines it should have several goals based on categories, what should the categories be and what should the goals be based on the category and why?
CESA Response: The sub-goals based on categories are discussed above in response to Question Number 5.
2 CAISO Study of 2014 LTPP No Renewable Curtailment Sensitivity Cases presented on May 14, 2015.
III. QUESTIONS REGARDING THE BREADTH OF THIS PROCEEDING
1. Are the descriptions of each of the seven problems provided above on pages 8 and 9 accurate? What additions or clarifications are needed?
CESA Response: CESA agrees with the prioritized problems. One additional issue that should be addressed in this proceeding relates to over generation and creating a framework for dispatchable resources to receive incentives for increasing load when system efficiencies justify it. Energy storage and electric vehicles will play a valuable role in addressing potential over generation – most specifically, by introducing the concept of shifting and adding load when it is most advantageous to the electric power system overall. One of the priorities that needs to be addressed in this proceeding is how to use dispatchable load such as energy storage to support California ratepayers' investments. Achieving the Governor's goal of 50% renewable generation without energy storage would result in very high marginal overgeneration rates. 3
2. Following workshop discussions on the problems with current integration efforts, related questions and working toward solutions, the workshop participants reprioritized the identified problems. Do you agree with the final prioritization of problems and why? How would you prioritize the identified problems and why?
CESA Response: CESA agrees with the prioritized problems.
3. Some of the definitions, goals, and objectives suggested by parties imply that the effective integration of demand-side resources requires demand-side resources to be better integrated with utility system planning, investment, and operation, as well as CAISO planning and operations. Is this correct? Do you agree? Should this broad challenge be addressed in this proceeding? Why and how?
CESA Response: As IDSM resources such as energy storage enter the utility planning toolkit and move beyond their initial purpose of providing reliability in emergency events, demand and supply side resources will essentially become equivalent to grid operators and utility for system planning purposes. This proceeding provides an opportunity to explore how, under
3 See, Investigating a Higher Renewables Portfolio Standard in California, Energy and Environmental Economics, Inc., January 2014, p.124.
very specific conditions, a utility could earn a rate of return on their procurement of IDSM resources to replace their investment in sub-optimal fossil fuel alternatives. The current utility business model has very few financial incentives to procure these types of resources and put them to work.
4. If identified as an objective of this proceeding, how should system planning and benefits be considered in a way that does not duplicate what is being considered in the distribution resources plans (or long-term planning process) proceedings?
CESA Response: The goal of the DER proceeding is to create a distribution grid that is "plug-and-play" for DERs and look at the long-term effects of DER adoption. The DER proceeding will enhance the tools available for IDSM and help guide customers to the most costeffective configurations, applications and locations.
5. Should policies supporting the integration of demand-side resources maximize system benefit, including greenhouse gas reductions, maximize customer participation and benefits, or some combination of the two? In the integration of demand-side resources, how can we harmonize the needs and wants of customers with system needs, including greenhouse gas reductions? Should financial benefits and/or customer incentives for the integration of demand-side resources be uniform across the state and/or service territory or differentiated by locational value?
CESA Response: The IDSM product characteristic developed in this proceeding will allow customer and system benefits to align and build a solid foundation to achieve the Governor's goals. By promoting performance standards rather than programs, customers will have a natural incentive to participate.
6. Should the Commission shift from the current framework of encouraging the integration of demand-side resources through individual customer revenue streams from bill reductions and utility incentive payments to a different framework in which those benefit streams can be commoditized (bought and sold) to meet system needs (e.g., MW, MWh, flexible resource adequacy, greenhouse gas reductions)? Should the Commission create an open procurement or similar framework through which the integration of demandside resources meets system needs? How can such a framework reflect customer needs, wants and benefits? How can such a framework encourage integrated customer actions?
CESA Response: CESA encourages adoption of both models. Direct customer revenue streams and programs have played a critical role in growing participation in existing DR programs. CESA thus encourages utilities and DR aggregators to continue their work in that framework and capitalize on the progress achieved thus far. However, traditional customer revenue streams have traditionally fallen short in providing granular dispatch instructions that align with real time market and system needs. In the medium to long term, the most costeffective solutions to distribution grid support should be market based and CESA urges the Commission to make progress in that direction. Ultimately, integrating distribution support information with existing California Independent System Operator ("CAISO") market mechanisms could yield the highest value by allowing these resources to participate in distribution and system support functions while sourcing the most cost-effective solutions.
7. How can the long run benefits of distributed energy resource investments be monetized and captured in an environment where ownership and occupancy of residential and commercial buildings changes in a much shorter time frame than the life cycle benefits of those investments?
CESA Response: There are several options to capture the value of DER in residential and commercial buildings. The most critical issue that needs to be addressed is creating clear longterm revenue streams to encourage third party financing that will result in lowering the cost of these investments for all California ratepayers.
8. How can the various benefits of distributed energy resource investments that are considered in a complete cost-effectiveness evaluation be converted into financial benefits that flow to those who finance such investments (which may or may not include onsite customers receiving the energy service)?
CESA Response: Bill crediting to the host customer is a preferred method of compensation. However, complexities develop when value streams are unknown, constantly changing, detached from the host customer, or a mix of all three. CESA envisions three possible remedies:
1. Enable market certainty and multi-year visibly of compensation values for customers and developers. Then provide those values to the host in the form of a bill credit.
a. This would allow the financier/operator/aggregator to structure a contract in a way that takes into account the extra value streams from the demand side resource. The system owner can then adjust the payments of the host to reflect these values in a way that is tax efficient.
2. Create tradable DER credits that represent the relevant value streams of the resource.
a. Once clear and specific product characteristics (duration, location, ramp rate, load carrying capability, etc.) are determined with associated long term revenue streams, the Commission can create a tradable credit for resources that produce those predefined benefits. In a manner similar to solar or wind resources that produce assignable renewable energy credits ("RECs") to the financier, DER credits can flow from host to owner and then be retired for a monetary value. For example, if the Commission establishes a value for flexible ramping from a clean distributed resource it could set a price for each kW or kWh committed and verifiably used for that end. The financier/operator could then aggregate and sell those credits in an administratively efficient manner.
3. Develop assignable incentives that encourage beneficial resource attributes.
a. The Commission can provide performance based incentives that flow through to the financier/operator based on verifiable resource operation. For instance, the Commission could set an incentive for certain grid services.
9. How can ratemaking better consider and reflect the value of the integration of demand-side resources? Are there any steps this proceeding could or should take on this issue? What level of priority should this issue be within this proceeding?
CESA Response: For customer-sited technology, a new tariff/compensation structure that optimizes an energy storage system's benefits to the grid should be considered. The Commission should direct the utilities to develop bi-directional retail tariff options for DER. These designs should align pricing with local and bulk system conditions, such as dynamic DRbased pricing, or through bi-directional pricing that assists with static load shaping. The Commission should lead the country by putting in place an optional and complementary tariff for customer-sited energy storage. Moreover certain couplings could be encouraged, solar plus storage as a prime example.
The unique feature of energy storage is that it can be used for a variety of services and respond on a broad range of time intervals. In other words, if there is a clear price signal for a services or a number of services, some form of energy storage will be able to satisfy it. This proceeding should establish what beneficial services DER resources should provide, establish values for those services or at least placeholder values, and finally create straightforward compensation structures.
10. Is it important that any framework that emerges from this proceeding encourages third parties or utilities to deliver, and customers to take, integrated packages of technologies, at the same or within a limited time frame? How important is this (i.e., integrated demand-side management or actions) as compared to the integration of demand-side resources into system planning, etc., as discussed above? Should this proceeding take up both issues? Why or why not?
CESA Response: CESA recommends that the Commission balance market transformation objectives and the long-term integration of DER into system planning. Near term opportunities need to exist for technology and business models to mature. Also, near term pathways serve as a needed learning platform to identify challenges, opportunities, and verify costs and benefits. Ultimately DERs need to be fully considered in formal system planning because taken together DER can have important system wide impacts. For example, the
aggregation of energy storage resources can defer certain T&D upgrades. Similarly, sending ramping and capacity price signals can also defer investment in generation capacity. Allowing
DER technology and markets to scale up will provide the Commission the data needed to evaluate the cost-effectiveness of the resources. Then formally integrating those DER
technologies in a holistic resource planning context would help place all resources on a level playing field.
IV. CONCLUSION.
CESA appreciates this opportunity to comment on the Ruling, and looks forward to working with the Commission and stakeholders in this proceeding.
Respectfully submitted,
Donald C. Liddell
OUGLASS
D & L
IDDELL
Email: [email protected]
Attorney for the
ALIFORNIA ENERGY STORAGE ALLIANCE
C
Date: May 15, 2015
14
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NATIONAL JUDICIAL ACADEMY
P-920: National Conference of the Presiding Officers of Labour
Courts/Tribunals: 10-04-15-12-04-15
Name of Programme Coordinator: Saumya Sharma
No of Participants: 20
No of Evaluation Forms: 20
| I. OVERALL | | | | | | | |
|---|---|---|---|---|---|---|---|
| PROPOSITIONS | | | To a great | | To some | Not at all | Remarks |
| | | | extent | | extent | | |
| a. The objective of the Program was clear to me | | 89.47 | | 10.529 | | 0 | 8. The Programme is subject . Basic Practical and Procedural work of judge are not Discussed |
| b. The subject matter of the program is useful and relevant to my work | | 88.88 | | 11.11 | | 0 | |
| c. Overall, I got benefited from attending this program | | 78.94 | | 21.05 | | 0 | |
| d. I will use the new learning, skills, ideas and knowledge in my work | | 82.35 | | 17.64 | | 0 | 9. Highly conflicting views of the speakers. |
| e. Adequate time and opportunity was provided to participants to share experiences | | 36.84 | | 57.89 | | 5.26 | 20. Two resource person per session would have been ideal. |
| | II. KNOWLWDGE | | | | | | |
| PROPOSITIONS | | | | | | | |
| a. useful to my work | | 72.22 | | 27.77 | | 0 | |
| b. comprehensive (relevant case laws, national laws, leading text / articles / comments by jurists) | | 72.22 | | 27.77 | | 0 | |
| c. up to date | | 70.58 | | 29.41 | | 0 | |
| d. related to Constitutional vision of justice | | 63.15 | | 36.84 | | 0 | |
| e. related to international legal norms | | 29.41 | | 70.58 | | 0 | |
| III STRUCTURE OF THE PROGRAM | | | | | | | |
| PROPOSITIONS | | | To a great | | To some | Not at all | |
| | | | extent | | extent | | |
| a. The structure and sequence of the program was logical | | 84.21 | | 15.78 | | | |
| b. The program was an adequate combination of the following methodologies viz. Group discussions | | 62.5 | | 25 | | 12.5 | |
| Case studies | | 63.15 | | 36.84 | | | |
| Interactive sessions | 44.44 | 50 | 5.55 |
|---|---|---|---|
| Simulation Exercises | 37.5 | 37.5 | 25 |
IV. INDIVIDUAL SESSIONS
PROPOSITIONS
Discussions in
individual sessions
were organized
The session
theme was
adequately addressed by the
Resource Persons
PROPOSITIONS
The Program material is useful and relevant
The content was updated. It reflected recent case
laws/current thinking/
research/ policy in the discussed
area
The content was organized a.
b.
a.
b.
c.
To a great To some
Not at all extent
62.5
extent
25
12.5
58.82
29.41
11.76
V. PROGRAM MATERIALS
To a great To some
Not at all extent
84.21
63.15
66.66
extent
15.78
36.84
27.77
5.55
and easy to follow
| Name of the Resource Persons | Highly Effective & Useful | Moderate | Not Satisfactory |
|---|---|---|---|
| 1. Mr. Justice V. Gopalagowda | 89.47 | 10.52 | |
| 2. Mr.Justice S.J. Mukhopadhaya | 66.66 | 22.22 | 11.11 |
| 3. Ms.Justice Ruma Pal | 61.11 | 33.33 | 5.55 |
| 4. Mr.Justice B.P. Dharmadhikari | 55.55 | 38.88 | 5.55 |
| 5. Mr .Lalit Bhasin | 52.94 | 47.05 | |
| 6. Prof.(Dr.) B.T.Kaul | 84.21 | 15.78 | |
| 7. Mr. Ashok Kumar Panda | 38.88 | 50 | 11.11 |
| 8. Mr. Partha Sarathi Sengupta | 26.66 | 66.66 | 6.66 |
| 9. Mr. Jamshed Cama | 61.11 | 33.33 | 5.55 |
| 10. Ms. Narmadha Sampath | 35.29 | 35.29 | 29.41 |
| 11. Ms. Meena Doshi | 25 | 56.25 | 18.75 |
| 12. Ms. Jane Cox | 57.89 | 36.84 | 5.26 |
effectively
| 13. Mr. Sanjay Singhvi | | 40 | 60 | |
|---|---|---|---|---|
| 14. Ms. Seema Jhingan | | 27.77 | 55.55 | 16.66 |
| 15. Prof. Debi S.Saini | | 68.75 | 31.25 | |
| 16. Dr. Rajendra Hittanagi | | 23.52 | 76.47 | |
| 17. Mr. M.S.Ananth | | 35.29 | 64.70 | |
| overall, Resource Persons had expertise relevant to the sessions in which they participated | | 76.92 | 23.07 | |
| | VII. HOSPITALITY | | | |
| PROPOSITIONS | | | | |
| a. Arrangements for my reception and transport to and from railway station/ airport | | 94.44 | 5.555 | |
| b. Services at the reception counter | | 88.88 | 11.11 | |
| c. Hygiene and facilities in the room | | 82.35 | 17.64 | |
| d. Quality of food | | 77.77 | 16.66 | 5.55 |
| e. Arrangements in dining halls | | 82.35 | 17.64 | |
| f. Assistance from travel desk for changes in travel reservations | | 82.35 | 17.64 | |
b. Which part of the Programme did you find most useful and why
c. Which part of the Programme did you find least useful and why
d. Kindly make any suggestions you may have on how NJA may serve you better and make its programmes more effective
1. Reinstatement & Back wages + Contract Labour.
2. In Hindi- English was the medium of teaching for the whole programme . Hindi is our mother tongue. If Hindi had been the medium of instruction then the progrmme would have been more beneficial to all. 3. in Hindi- Respected resource persons used only English to teach.
Along with English the discourse should have been in Hindi also.
4. S.2A ID Act, S.11.A ID Act, S. 33(CJR)ID Act
5. Session V- Reinstatement and Back wages; Session VI - Recovery of Money under Industrial Disputes Act; & Session IX- Judicial Review (Limitation and Extent of Powers of Labour Courts and Industrial Tribunals)
10. Knowledge Lecture delivered by esteemed Resource person on case less National law leading text Etc.
12. Reinstatement and back wages this programme is very useful as we faced this problem in day to day affairs at the time of conducting court proceeding..
13. 3 rd day session
15. All Programme
16. Lecture of Justice Gowda as he has excellent knowledge in labour laws who has shacked with use within ½ hours
17. Judicial review, reinstatement and back wages
18. Adjudication process of industrial disputes, issue of retrenchment legal implication, recovery of money under ID Act. Because day to day dispute increase.
20. Prof. Kaul's immense knowledge in law inspired me.
6. Session V- Reinstatement and Back wages; Session VI - Recovery of Money under Industrial Disputes Act
8. The Programme is not fit for give any new task for Practical work of Judges in court dealing Labor Matters.
10. Audio visual acids which I Dan feel too much useful in our daily court work.
12. Discussion on employees state insurance act this programme is least useful in day to day affairs in the court Proceeding.
13. 3 rd day session because of Resource Person
15. None
17. Recent legislative initiatives in the field of labour law because it cannot help us in our work.
18. Recent legislative initiatives in the field of labour law because not useful routine work
4. Speeches of resource Person may be recorded & supplied to participants in Electronic Form like on CD/Pen Drive.
8. Such programme should not be Limited to speaker and lecture, There should be some practical guild line required to enlighten Judges.
10. NJA may serve better in my opinion, by way of giving more emphasis and more time on practical aspects via group discussion, case studies and interactive session.
12. This programme should not vetted with labour Laws. My Suggestion to NJA the conference should be organized in future for industrial tribunal only.
15. Being Professional pioneer you know better.
16. NJA have to arrange such a conference in future in which Justice Gowda has to invite and keep arrange his lecture at learnt 3 hours, General remarks is A+ Excellent
17. Regularly invite us particularly judicial officers working in Gujarat for this type programme.
18. Time is shortage thus sufficient time require and regular programme
require for refreshment of thinking process. 20. District Judges could be called in as resource person.
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1. Gather organizational and staff data
2. Identify primary and secondary position elements
3. List key words from data, website, position description
4. Address specific match points to you
5. Avoid generic content
6. Avoid personal references
7. Avoid unreasonable hyperbole
1. Gather organizational and staff data
Use the data you gather in a unique cover letter Speak to organizational, location and job ad specifics Don't use ALL data and info/if not sure, save for questions in the interview Don't make people search for why they should consider you
2. Identify primary and secondary position elements
Match YOU to the primary elements identified by the employer Identify additional/typical primary areas Match you to the secondary elements employer Identify additional/typical secondary areas
3. List key words from data, website, position description
Use their language in your cover letter Don't use initials or acronyms unique to YOU or the profession, no matter who you think is "getting" the application Refer to any needed job or position numbers and use specific job title language to identify what you are applying for
4. Address specific match points to you
Lead with why you match what they need (don't bury the headline) Address your secondary match elements next If the location is mentioned in the job ad or is unique address at the close of the letter/introductory piece Don't attempt to "engage" the recipient with other personal thoughts Don't attempt to elicit support or general interest with other personal needs/don't reveal personal problems
Crafting Your Cover Letter
TLA Annual Conference Placement Center Julie Todaro Ph.D. [email protected] Thursday, April 14 th , 2011
1:45 – 2:15
5. Avoid generic content
Unless asked as part of the process, don't wax eloquent about the "state of libraries" or "21 st century anything" Keep the cover letter under two pages, 1.5 pages
If necessary, refer to other parts of your packet in the cover letter (resume, their application)…but never for primary only secondary or related….primary should always go in the cover letter/no matter the recipient
6. Avoid personal references
I have always wanted to live in x. (Austin, because I am a musician., etc)
I need to move back to the area because x. (parents are ill, divorced now, I hate my job…. etc.)
I have x. (allergies, etc.)
Avoid stating needs you may have….if I get the job I can't start until….
7. Avoid unreasonable hyperbole
Everyone needs to have a x type of librarian.
I absolutely can't do without …..professional development money…vacation days.
I can only work on these days….
I hear your library is….(not working well, in need of some changes…)
Other?
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Jane Bennett
Ph: 613 5474 3213 Fax: 613 5474 3243 Mob: 0428 271 958
[email protected]
PROFESSIONAL LIFE
I originally trained in Social Work (Monash University, 1981) and Clinical Hypnotherapy (Australian College of Clinical Hypnotherapy, 1987) and now work as a researcher, writer, counsellor and educator. As a member of the Natural Fertility Management Pty Ltd team since 1990 I have organised and co-taught training seminars from 1993 onwards and offer ongoing support for health professionals wishing to use the NFM methods in their practice.
I designed and wrote The Natural Fertility Management Conception Kit and The Natural Fertility Management Contraception Kit with the founder of Natural Fertility Management and best-selling author, Francesca Naish. These kits were published in 2004 and represent 'state of the art' knowledge and method in fertility awareness, offering highly effective natural contraception and optimum conception that is easy to learn and use. For more information about the Natural Fertility Management methods and kits go to www.fertility.com.au or www.nfmcontraception.com.
Since coming off the pill and starting to use my NFM Kit I feel much more alive, much more in tune with my body and senses, and, on top of all that the side effects of the pill are gradually disappearing. I feel like my old self - fit, healthy, energetic, young, vibrant, happy…and very attracted to my husband!!! Caitlin Sharp
WORKSHOPS
Through my work with Natural Fertility Management I became interested in working with women who want to transform inherited attitudes of embarrassment, shame and negligence around menstruation into an experience of empowerment, embodiment, creativity and celebration for themselves and their daughters.
Since 2000 I have run these workshops:
* A Blessing Not a Curse for mothers of daughters and other women, and
* A Celebration Day for Girls for 10-12 year old girls with their mothers. These have been held at schools and for school communities in Victoria, New South Wales, the ACT and South Australia. For more information go to www.fertility.com.au and click on 'puberty'.
Since the Celebration Day Sophie has been so chatty and open - asking questions about menstruation and talking about all the changes and experiences of puberty. I'm so pleased. Caroline
Thank you for giving us the opportunity to share this wonderful day with our precious daughters. Sandra, Karen, Andrea, Deb, Janice, Iona, and Paula
In 2005, responding to requests from parents and girls and my own expanding interests, I began facilitating:
* Fathers Celebrating Daughters for fathers of daughters and other interested men, a two hour workshop, and
* Cool on the Inside. A day of activities, discussion and fun for 14-16 year old girls (or thereabouts).
During 2007 I began working with St Lukes Innovative Resources on a contractual basis presenting workshops for welfare, health and education professionals. In 2008 my workshop Celebrating Girls was offered in regional and metropolitan Victoria.
While I have run workshops primarily for girls and women I am also very interested in the journey of adolescence as it is experienced by boys, as well as the very important role of fathers.
BOOKS
In 2002 A Blessing Not a Curse – a mother-daughter guidebook about menarche, menstruation and the menstrual cycle was published by Sally Milner Publishing. In this book I explore the origin of 'the curse' and seek to replace this notion with a positive and enlightened view of menarche (first period) and menstruation. The book includes practical advice about how to talk about menstruation with girls, celebrate menarche, choose menstrual products, manage adolescent menstrual problems and learn the steps to achieve and sustain menstrual wellbeing.
I just loved reading 'A Blessing Not a Curse' and feel it carries a really profound message for women today – to embrace our unique, special and most fundamental female experience, positively, and share this with our daughters. Written with a wonderful mix of fascinating information, facts figures and useful stuff, as well as stories, humour and lightness, this book appealed to my whole being – heart, soul and intellect. Jane Watson, mother of Ruby
In May 2008 Alexandra Pope's and my book THE PILL: Are you sure it's for you? was published by Allen and Unwin. In writing this book we sought to address the many myths concerning the pill, other contraceptives, fertility awareness and women's' bodies and cycles. We advocate truly informed choice, contraceptive literacy and partners sharing responsibility for their fertility. The book includes many practical tips about thinking through contraceptive needs and STD protection.
At last an easy to read, comprehensive, well-researched book about an extremely important, but as yet rarely discussed, topic. I think THE PILL is a real treasure and have complete confidence in recommending it to my patients, colleagues and friends as a great read as well as an empowering tool to help women become more in tune with their natural cycles.
Wendy Dumaresq, medical herbalist and author
MEDIA
In March 2008 Iris Pictures filmed one of my Celebration Day for Girls workshops as part of their About Women series, which was aired on SBS in September 2009. DVDs are available from SBS and part of an interview with me can be seen on http://www.sbs.com.au/shows/aboutmenaboutwomen/listings/page/i/4/show/aboutmenab outwomen.
On the 8 th of March 2009, on International Women's Day, ARTE presented the TV premier of The Moon Inside You – a documentary on menstruation that features both Alexandra and I – which was shown throughout France, Germany and the Slovak Republic. Television stations in thirteen European countries have bought it so far. The movie length version has been shown at film festivals throughout Europe and North America to very enthusiastic critics and audiences. For more information go to www.mooninsideyou.com.
Since the publication of THE PILL: Are you sure it's for you? I have been interviewed for 9am with David and Kim on Channel Ten, The Morning Show on Channel Nine, The Women's Healing Circle with Sherrill Sellman on Progressive Radio Network in the US, Juice Box Radio on CiTR 101.9FM in Vancouver, The Afternoon Show with Jim Mora for National Radio in New Zealand, as well as numerous print and web media interviews and reviews.
Since 1977 I have had articles published in magazines, including Byron Child, Kindred, Natural Parenting, Living Now and Earth Garden and a three-year series for Australian Wellbeing. I have also contributed chapters to Love, Sex and Fertility (Wellspring Press, 1989) and The Lunar Cycle (Prism Press, 1989).
THE RITE JOURNEY
Since 2009 I have collaborated with Andrew Lines, Graham Gallach and Amrita Hobbs to prepare course materials, write manuals and train teachers to facilitate a year-long program called The Rite Journey for year 9 girls (14-15 year olds). Andrew and Graham had been training teachers to run The Rite Journey for boys for a number of years and now, with the inclusion of the girl's program, a growing number of schools throughout Australia and New Zealand are implementing The Rite Journey for all their year 9 students. Since its inception The Rite Journey has been very well received and is frequently recommended by respected authors and speakers, including Steve Biddulph, Peter Ellyard and Maggie Hamilton. For more information go to www.theritejourney.com.au.
The Rite Journey process is designed to help the shift to being grown up. It's well thought out, respectful and enjoyable, and has a special sense of awe about life that kids respond really well to. Young people crave meaning and rituals in their life and as a society we haven't provided this very well in the past. Steve Biddulph, psychologist and author
GIRLTOPIA
During 2010 I worked with the Innovative Resources team to produce Girltopia: a world of real conversations for real girls, a set of 70 colourful and quirky cards for girls aged 10 to 18, and women of any age. These cards are a useful conversational tool for teachers, school nurses and welfare workers, school chaplains, parents, counsellors and anyone else who works or lives with girls. As with all Innovative Resources cards sets the aim of the Girltopia cards is to stimulate conversation, connection and reflection and support girl's growing awareness of their own strengths. For more information about the Girltopia cards and Girltopia training seminars for health, welfare and educational professionals go to www.innovativeresources.org.
I have looked through your fantastic resource 'Girltopia'… they are a really positive and attractive tool and I think the topics you've covered are very diverse and relevant to young girls. It'd be great if every person who worked with young girls had these.
Danni Watts, Education Manager,The Butterfly Foundation
AND HOME AGAIN
I have a daughter and three step-sons, all inspiring young adults now. I live with an intriguing man amongst 500 million year old granite boulders, soaring eagles, kangaroos, wallabies and snakes. I love to practice yoga and enjoy (mostly) the challenge of creating a garden in a dry climate.
Fertility is an intrinsically valuable aspect of our health and wellbeing and a powerful metaphor for our creativity and life-giving capacities - for girls entering puberty to women approaching menopause (after which other metaphors apply!) as well as for boys and men.
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7812 Cessna Ave Gaithersburg, MD 20879 Phone (301) 590-9400 Fax (301) 590-9402 www.cprmms.com www.videoroadshow.tv
CREDIT CARD AUTHORIZATION
I _______________________________________ of ____________________________________ authorize CPR MultiMedia Solutions™ to charge my credit card for products and/or services I have contracted to purchase or rent for job/invoice#___________ for a total charge in the amount of $__________________.
I understand CPR MultiMedia Solutions™ will keep my signature on file.
Please charge my:
Visa
MasterCard
American Express
Credit Card Number _________________________________ Expiration Date __________
Security Code __________
The name and billing address for my credit card account is:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________
This is a corporate credit card. This is not a corporate credit card.
Signature _______________________________________ Date________________
Printed Name ____________________________________
Title ___________________________________________
This information is confidential and is for CPR MultiMedia Solutions™ only. Note: The charge on your credit card will be from Computer Projection Rentals, Inc. (dba CPR MultiMedia Solutions)
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Feb 28, 09
Feb 29, 08
Feb 28, 09
Feb 29, 08
Unrestricted Funds Profit & Loss Budget vs. Actual January through December 2009
Unrestricted Funds Profit & Loss Budget vs. Actual January through December 2009
Jan - Dec 09
Budget
% of Budget
Unrestricted Funds Profit & Loss Budget vs. Actual
January through December 2009
Jan - Dec 09
Budget
% of Budget
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Accrual Basis
Unrestricted Funds Profit & Loss Budget vs. Actual January through December 2009
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Features
* 60MHz Bandwidth Coverage 410-470 MHz bands Advanced data link design for high performance over entire band.
* Multi-function user interface It was designed for easy mobile use in demand-ing field conditions.
* Configurable Transmit Power Support for 5W, 25W power switching.
* Software-Derived Channel Bandwidth Compatible with both 12.5 and 25 kHz radios.
* High Environmental Capabilities According to the IP67 standard
Base Radio HX-DU8602T
Harxon radio modems provide reliable data communications for mission-critical applications where a combination of stability, supreme performance and long range are required.
HX-DU8602T is a high speed, high power, wireless data link built to survive the rigors of GNSS/RTK surveying and precise positioning. This radio's 25W of power maximize range, enabling you to work in difficult urban areas. The HX-DU8602T is equipped with digital tube, LED and keypad, used to indicate the current operating status, as well as for changing the operating channel and power level of the radio modem. For the most rugged and reliable long-range data link, go with the Geomatics industry's new standard in wireless communications HX-DU8602T.
Technical Specifications
| | General Specification | | |
|---|---|---|---|
| Frequency range | | 410~470MHz | |
| Operating mode | | Simplex | |
| Channel spacing | | 25KHz, 12.5KHz | |
| Modulation type | | GMSK | |
| Operation voltage | | 9-16V | |
| Power dissipation(Typic al) | | High power level | 75W@DC 12V |
| | | Low power level | 35W@DC 12V |
| | | Standby | 1.5W@DC 12V |
| Frequency stability | | ≤±1.0ppm | |
| Size | | 186×140×73mm | |
| Weight | | About 1.5kg | |
| Temperature(ope ration) | | -30℃~+65℃ | |
| Temperature(stor age) | | -55℃~+75℃ | |
| Antenna port | | TNC，female | |
|---|---|---|---|
| Antenna impedance | | 50ohm | |
| Data interface | | LEMO 5Pin | |
| Water proof level | | IP67 | |
| | Transmitter | | |
| RF output power | | High level | 43.5±0.5dBm@ DC 12V |
| | | Low level | 37±1dBm@DC 12V |
| Power stability | | ±1dB | |
| Harmonics | | <-30dBm | |
| | Modem | | |
| Air baud rate | | 9600bps、19200bps | |
| Modulation type | | GMSK | |
| Serial port baud rate | | 9600 bps、19200 bps、38400 bps、57600 bps、115200 bps | |
Harxon Corporation
Tel: +86 0755-26989948 Fax:+86 0755-26989994
HARXON AUTHORIZERD DISTRIBUTION PARTNER
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To The Registering Authority,
Sir,
We, the undersigned hereby declare that we have entered into partnership/formed a new partnership in regard to the business known as ................................................................................... and carried on at ............................................................................. and other places in the State of Tamil Nadu on and with effect from ................................................... with shares as mentioned below and shall be jointly and severally responsible for the payment of the tax, fee or other amount leviable under the Tamil Nadu Value Added Tax Act, 2006.
2. We have registered our firm with the Registrar of Firms at ........................................... and our Registration No. is .................................................... dated ..............................
3. We have enclosed a copy of our deed of partnership.
Place :
Date :
Signature
Name and status of the person signing the declaration
FORM B
Form for Partnership
[See rule 4(10)(a) ]
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MEDIA RELEASE
26 September 2013
MARIKANA COMMISSION TO TAKE A TWO WEEK RECESS
The Marikana Commission will take a two week recess starting tomorrow, Friday, 27 September 2013.
Hearings will resume on Monday, 14 October 2013 at 09:30.
Ends…
Issued by the Marikana Commission of Inquiry
For more information contact:
Tshepo Mahlangu (Spokesperson)
Cell: 082 466 8968
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Borough of Douglas
____________
COUNCILLOR MRS SARA DAWN ANDREA HACKMAN, JP MAYOR
____________
Town Clerk’s Office, Town Hall, Douglas.
29 th April, 2016
Dear Council Member,
You are hereby summoned to attend a SPECIAL MEETING of the COUNCIL of the BOROUGH OF DOUGLAS to be held at 10.00am on FRIDAY, 6 th MAY, 2016 in the COUNCIL CHAMBER within the TOWN HALL.
The meeting is convened in accordance with Standing Orders No. 8 and 81 and the business will be as shown on the agenda overleaf.
Yours sincerely,
TOWN CLERK & CHIEF EXECUTIVE
SPECIAL COUNCIL MEETING
Friday, 6 th May, 2016
ORDER OF AGENDA
1. Confirmation of selection of Mayor for the forthcoming Municipal Year.
2. Election of Leader of the Council / Chairman of the Executive Committee for the Municipal Years 2016 - 2018.
3. Election of Chair of Housing Committee for the Municipal Years 2016 - 2018.
4. Election of Chair of Regeneration and Community Committee for the Municipal Years 2016 - 2018.
5. Election of Chair of Environmental Services Committee for the Municipal Years 2016 2018.
6. Council to appoint one Member to the Executive Committee for the Municipal Years 2016 - 2018 who shall not be appointed Chair or Member of any of the three Committees represented on the Executive Committee.
7. Election of Chair of Pensions Committee for the Municipal Years 2016 - 2018.
8. Election of Chair of Standards Committee for the Municipal Years 2016 - 2018.
9. Council to adjourn whilst the Executive Committee, comprising of the Leader of the Council, three Chairs of the Housing, Regeneration and Community and Environmental Services Committees, together with the Member appointed by the Council, meets to appoint four Members to each of the respective Committees for the Municipal Years 2016 - 2018.
10. On resumption of the Council meeting, the Chief Executive to report on the appointment of Members to the Housing, Regeneration and Community and Environmental Services Committees by the Executive.
11. Council to appoint four Members of the Council to the Pensions Committee for the Municipal Years 2016 - 2018.
12. Council to appoint one Member to the Pensions Committee who is not a Member of the Council for the Municipal Years 2016 - 2018.
13. Council to appoint three Members of the Council to the Standards Committee for the Municipal Years 2016 - 2018.
14. Council to appoint one Member to the Standards Committee who is not a Member of the Council for the Municipal Years 2016 - 2018.
15. Council to appoint one Member to the Housing Committee who is not a Member of the Council for the Municipal Years 2016 - 2018.
16. Council to appoint the whole of the Regeneration and Community Committee to the Allotments Committee for the Municipal Years 2016 - 2018.
17. Council to appoint two allotment holder representatives (who shall not be Council Members) to the Allotments Committee for the Municipal Years 2016 - 2018.
18. Council to appoint one Member (which may be the Chair) of the Environmental Services Committee to be the Council's representative on the Eastern District Civic Amenity Site Joint Committee for the Municipal Years 2016 - 2018.
19. Council to appoint one Member (which may be the Chair) of the Environmental Services Committee to be the Council's representative on the Richmond Hill (Incinerator) Consultative Committee for the Municipal Years 2016 - 2018.
20. Council to appoint one Member to serve as the Council representative to the Whitley Council for the Isle of Man Public Service (Manual Workers) Committee for the Municipal Years 2016 - 2018.
21. Council to appoint one Member to act as the Council's representative on the Douglas Endowments Committee for the Municipal Years 2016 - 2018.
22. Council to appoint one Member to serve as the Council representative to the Society for the Preservation of the Manx Countryside and Environment Committee for the Municipal Years 2016 - 2018.
23. Council to appoint two Members to serve as the Council representative to the Isle of Man Municipal Association Committee for the Municipal Years 2016 - 2018.
24. Council to appoint two Members to serve as the Council representative to the Douglas Town Band Committee for the Municipal Years 2016 - 2018.
25. The Council to consider authorising the Chief Executive to issue a press statement as detailing the membership and Chairs of Committees and representatives on outside bodies as soon as practical and to publish them on the Council's website.
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Christian Congregation of Jehovah's Witnesses
The Ridgeway, London, NW7 1RN Telephone: 020 8906 2211
August 1, 2016
TO ALL BODIES OF ELDERS
Re: Protecting Minors From Abuse
Dear Brothers:
1. This letter replaces the letter dated October 1, 2012, to all bodies of elders regarding child abuse and has been added to the list of policy letters cited in Index to Letters for Bodies of Elders (S-22). Please carefully study the entire letter. While the following information refers to an accused in the masculine gender and to the victim in the feminine gender, it applies equally when the genders are different. Similarly, references to parents apply equally to legal guardians.
2. Child abuse includes the sexual or physical abuse of a minor. It would also include the extreme neglect of a minor by her parent. Child sexual abuse is a perversion and generally includes sexual intercourse with a minor; oral or anal sex with a minor; fondling the genitals, breasts, or buttocks of a minor; voyeurism of a minor; indecent exposure to a minor; or soliciting a minor for sexual conduct. Depending on the circumstances of the case, it may include involvement with child pornography or "sexting" with a minor. "Sexting" describes the sending of sexually explicit messages or images electronically.
3. From the Bible's standpoint, child sexual abuse is a gross sin. (Deut. 23:17, 18; Gal. 5:19-21; ks10 chap. 5 par. 10; w97 2/1 p. 29; g93 10/8 p. 10, ftn.) Jehovah's Witnesses abhor child sexual abuse. (Rom. 12:9) Thus, the congregation will not shield any perpetrator of such repugnant acts from the consequences of his sin.
4. The Scriptures place the responsibility on parents for teaching and protecting their children. (Eph. 6:4) As spiritual shepherds, elders can help parents to shoulder their Scriptural responsibility. Our publications and website contain much helpful information to assist parents.—w10 11/1 p. 13; w08 10/1 p. 21; g 10/07 pp. 3-11; lr pp. 170-171; g99 4/8 pp. 8-11; g97 4/8 p. 14; w96 12/1 pp. 13-14 pars. 18-19; fy pp. 61-62 pars. 24-26; g93 10/8 pp. 5-13; g85 1/22 pp. 3-10.
August 1, 2016
Page 2
5. Legal Considerations: In some jurisdictions, individuals who learn of an allegation of child abuse may be obligated by law to report the allegation to the secular authorities. In all cases, the victim and her parents have the absolute right to report an allegation to the authorities.—Gal. 6:5; ks10 chap. 12 par. 19.
6. To ensure that elders comply with child-abuse reporting laws, two elders should immediately call the Legal Department for legal advice when the elders learn of an accusation of child abuse. (Rom. 13:1-4) A call should be made even when both persons involved are minors. The elders should not ask an alleged victim, the accused person, or anyone else to call the Legal Department on the elders' behalf. The elders should call the Legal Department even in the following situations:
* The alleged abuse occurred many years ago.
* The alleged abuse is believed to be a repressed memory.
* The alleged abuse is based on the testimony of only one witness.
* The alleged abuse involved perpetrators or victims who are deceased.
* The alleged perpetrator or victim is not a member of your congregation.
* The alleged abuse is believed to have already been reported to the secular authorities.
* The alleged perpetrator is a non-Witness associating with the congregation.
* The alleged victim is now an adult.
* The alleged abuse occurred before the alleged perpetrator or victim was baptized.
* The alleged abuse occurred in the past, and it is unclear whether your congregation elders ever called the Legal Department for direction.
7. The Legal Department will provide legal advice based on the facts and the applicable law. If the individual who is accused of the child abuse is associated with your congregation, the two elders calling should provide the Legal Department with the individual's date of birth and, if applicable, his date of baptism. After speaking with the Legal Department, the call will be transferred to the Service Department so that the elders can receive further assistance.
8. Two elders should immediately call the Legal Department regarding any prison inmate, baptized or unbaptized, who has been accused of child abuse and who is now associating with a congregation. This would include his attending congregation meetings held in the prison. In some cases, elders may not be permitted to inquire about the offense that an inmate may have committed. However, if the elders learn that the alleged offense has to do with child abuse, they should immediately call the Legal Department.
9. If the elders become aware of an adult associated with a congregation who has been involved with child pornography, two elders should immediately call the Legal Department. Likewise, if the elders become aware of an adult or a minor associated with a congregation who is "sexting" with a minor, the Legal Department should be called immediately. The Legal Department does not need to be called when the elders receive reports of adults "sexting" one another.
10. Congregation Considerations: When discussing child sexual abuse from a congregation standpoint, we are not discussing a situation in which a minor who is a willing participant and who is approaching adulthood is involved in sexual activity with an adult who is a few years older than the minor. Nor, generally speaking, are we discussing situations in which only minors are involved. (See paragraphs 24-25.) Rather, we are referring to an adult guilty of sexually abusing a minor who is a young child, or an adult guilty of sexual involvement with a minor who is approaching adulthood but was not a willing participant.
11. Providing Spiritual Assistance to Victims: As elders provide ongoing spiritual shepherding, it is especially important that they demonstrate empathy and compassion to victims of child sexual abuse and their families. (Isa. 32:1, 2) Helpful suggestions and guidelines can be found in the Shepherding textbook, chapter 4, paragraphs 21-28. The elders should carefully review this material when helping victims of child sexual abuse. In the case of any discussion with a child abuse victim who is still a minor, an elder should never meet alone with the minor but should always involve another elder and another adult member of the congregation, preferably the minor's parent(s). If it is not possible to include the parent (for example, if the parent is the accused), then another adult member of the congregation who is a confidant of the victim should be included. In addition to the spiritual shepherding provided by the elders, the victim or her family may desire other assistance. For example, the victim or her family may decide to consult a mental-health professional. This would be a personal decision for them to make.
12. When an elder is approached by an adult who is concerned or distraught about past abuse, he should "speak consolingly" to the person. (1 Thess. 5:14) Elders should manifest an empathetic, compassionate, patient, and supportive response to those approaching them about such matters. An elder must never meet alone with or become the sole confidant of a sister to whom he is not closely related.
13. Investigating Allegations: The elders may learn of an allegation of child sexual abuse directly from the victim, through her parents, or through a trusted confidant of the victim. After receiving assistance from the branch office, the body of elders will appoint two elders to conduct a Scriptural investigation of every allegation of child sexual abuse. These elders should carefully follow Scriptural procedures and the Bible-based direction outlined in this letter and in the Shepherding textbook, particularly chapter 5. Elders should remember that during the investigation process and during the judicial committee process, a victim of child sexual abuse is not required to make her allegation in the presence of the alleged abuser. In the exceptional event that the two elders believe it is necessary to interview a minor who is a victim of child sexual abuse, the elders should first contact the Service Department.
14. Judicial Committee: If the body of elders concludes that there is sufficient Scriptural evidence to warrant the formation of a congregation judicial committee on the grounds of child sexual abuse, the coordinator of the body of elders should first contact the circuit overseer. (ks10 chap. 5 par. 37; chap. 6 pars. 1-2) The circuit overseer will designate an experienced elder to serve as chairman of the judicial committee and, if needed, the appeal committee. If wrongdoing is established and the wrongdoer is not repentant, he should be disfellowshipped. (ks10 chap. 7 par. 26) On the other hand, if the wrongdoer is repentant and is reproved, the reproof should be announced to the congregation. (ks10 chap. 7 pars. 20-21) This announcement will serve as a protection for the congregation.
15. Reinstatement Committee: If a person who has been disfellowshipped for child sexual abuse applies for reinstatement, the coordinator of the body of elders should contact his circuit overseer and provide the names of those who served on the original committee. The circuit overseer will designate an experienced elder to serve as chairman of the reinstatement committee. If the decision is to reinstate, two elders should immediately call the Service Department. This call must be made before the reinstatement is announced to the congregation.—ks10 chap. 11 pars. 1-6, 11-15.
16. If a person who has been disfellowshipped for child sexual abuse has moved and applies for reinstatement in a different congregation, the coordinator of the body of elders of the new congregation should contact his circuit overseer. The circuit overseer of the new congregation will desigRe: Protecting Minors From Abuse
August 1, 2016
Page 3
Re: Protecting Minors From Abuse
August 1, 2016
Page 4
nate an experienced elder to serve as chairman of the reinstatement committee in the new congregation. If that committee recommends that the person be reinstated, the committee should contact the coordinator of the body of elders of the original congregation, who should then contact his circuit overseer and provide the names of those who served on the original judicial committee. That circuit overseer will designate an experienced elder to serve as chairman of the reinstatement committee in the original congregation. If that committee agrees to reinstate, two elders from each congregation should immediately call the Service Department. These calls must be made before the reinstatement is announced in both congregations.—ks10 chap. 11 pars. 7-10, 13.
17. Restrictions: The elders should carefully adhere to all direction provided by the Service Department regarding reasonable steps that should be taken to protect minors from one who has engaged in child sexual abuse. For example, the Service Department will provide direction when (1) a congregation judicial committee determines that one guilty of child sexual abuse is repentant and will remain in the congregation, (2) one disfellowshipped for child sexual abuse is reinstated, (3) when an unbaptized publisher or a baptized member of the congregation who denies an accusation of child sexual abuse is convicted by the secular authorities, or (4) one viewed as a child molester by the community or the congregation becomes a publisher or becomes a baptized member of the congregation.
18. Direction from the Service Department to the elders will include restrictions imposed on an individual's activities within the congregation, on his participation in the field ministry, and on his interaction with minors. The elders will be directed to caution the individual never to be alone with a minor, not to cultivate friendships with minors, not to display affection for minors, and so forth. In some cases, the Service Department may specifically direct elders to inform parents of minors within the congregation of the need to monitor their children's interaction with an individual. If the body of elders has questions about a past case, two elders should be assigned to call the Service Department for direction. The coordinator of the body of elders should ensure that newly appointed elders and elders who move into the congregation are made aware of the Service Department's direction regarding such individuals.
19. One who has engaged in child sexual abuse does not qualify to receive any privileges in the congregation for many years, if ever. This includes seemingly minor privileges. Elders should keep in mind what is stated in the January 1, 1997, Watchtower article "Let Us Abhor What Is Wicked," page 29, paragraph 2: "Child sexual abuse reveals an unnatural fleshly weakness. Experience has shown that such an adult may well molest other children. True, not every child molester repeats the sin, but many do. And the congregation cannot read hearts to tell who is and who is not liable to molest children again. (Jeremiah 17:9) Hence, Paul's counsel to Timothy applies with special force in the case of baptized adults who have molested children: 'Never lay your hands hastily upon any man; neither be a sharer in the sins of others.' (1 Timothy 5:22)." Therefore, if the body of elders believes that one who has engaged in child sexual abuse decades ago may now qualify for minor privileges, such as carrying or adjusting microphones, operating audio/video equipment, or assisting with accounts, literature, magazines, or territories, they should assign two elders to call the Service Department. The assigned elders should call the Service Department before any congregation privileges are extended.
20. Filing: Information concerning individuals associated with the congregation and accused of child sexual abuse (established or not), including letters of introduction, should be placed in an envelope labeled with the individual's name and marked "Do Not Destroy." This envelope should be kept indefinitely in the congregation's confidential file. This would include Notification of Disfellowshipping or Disassociation (S-77) forms on individuals who have committed child sexual abuse, even if later reinstated.
August 1, 2016
Page 5
21. Moving to Another Congregation: When an individual who has been accused of child sexual abuse (established or not) moves to another congregation, two elders from the congregation the individual moves from should immediately call the Legal Department. The elders should be prepared to provide the name of the new congregation, if known. This should be done even if the individual is disfellowshipped or is in prison and is transferred to another facility or is released. The Congregation Service Committee should not send any information to the new congregation until after receiving legal advice from the Legal Department and direction from the Service Department.
22. When the elders are informed that an individual who has been accused of child sexual abuse (established or not) has moved into the congregation, two elders should immediately call the Legal Department. This should be done even if the individual is disfellowshipped or is in prison and has transferred from another facility or is released. If the individual is disfellowshipped and living within the congregation's territory, the elders should list that address on the appropriate congregation territory card as a "Do Not Call."
23. Notification by Secular Authorities: From time to time, secular authorities may inform the elders that a sex offender is living in the area. The notice may provide the address of the individual and may state the nature of his criminal activity. In such a case, the elders should list that address on the appropriate congregation territory card as a "Do Not Call."
24. Sexual Misconduct Involving Only Minors: What steps should elders take when minors engage in sexual misconduct with one another? As stated in paragraph 6, two elders should immediately call the Legal Department even when both persons are minors. Minors who engage in sexual misconduct with one another are not generally considered by the congregation as having engaged in child sexual abuse. However, regardless of the ages of those involved, such misconduct is serious and may even warrant congregation judicial action. The body of elders should work with the parents to ensure that the minors receive spiritual assistance. If elders have questions regarding a specific case, they should call the Service Department.—ks10 chap. 5 par. 61; chap. 6 par. 14.
25. The potential serious consequences associated with "sexting" highlight the importance of Christian parents supervising their children's use of electronic devices. When baptized minors become involved in "sexting," the elders must use good judgment in determining whether the wrongdoing has escalated to a point warranting congregation judicial action. Helpful information can be found in "Questions From Readers" in the July 15, 2006, issue of The Watchtower. Please review this material carefully before concluding that a baptized minor is guilty of gross uncleanness or brazen conduct. (ks10 chap. 5 par. 9) If the baptized minor has been previously counseled and persists in the wrong course, in most cases, congregation judicial action is taken. Each case must be evaluated on its own merit. In all cases, the body of elders should work with the parents to ensure that the minors receive spiritual assistance. (ks10 chap. 6 par. 14) If elders have questions regarding a specific case, they should call the Service Department.
26. Notations in the Shepherding Textbook: In view of the foregoing, each elder should make the following notation next to chapter 3, paragraph 20; chapter 5, paragraph 10, second bullet; chapter 7, paragraph 20, second bullet; chapter 10, paragraph 2; and chapter 12, paragraph 18, of the Shepherding textbook: "See letter dated August 1, 2016, to all bodies of elders." In addition, each elder should cross out chapter 12, paragraphs 20-21.
27. It is imperative to adhere to the direction in this letter each time a matter involving child abuse comes to your attention. This will serve to uphold the sanctity of Jehovah's name and to protect minors. (1 Pet. 2:12) Your full cooperation with this direction is appreciated. May Jehovah
Re: Protecting Minors From Abuse
August 1, 2016
Page 6
grant you knowledge, wisdom, and discernment as you care for this and other weighty matters in connection with the flock of God entrusted to your care.—Prov. 2:6; 1 Pet. 5:2, 3.
Your brothers,
c: Circuit overseers
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Doubtful ballot papers – allowed first preferences only
Suggested examples of allowed first preferences only are provided here. All of these examples are based on the specific rules for the elections. Ultimately the decision on any particular ballot paper rests with the Local Returning Officer.
References are to the Police and Crime Commissioner Elections Order 2012.
References to Rule 53(1) should be read, in respect of a second preference vote, with Rule 60(5).
Allow for Boots as first preference and reject second preference – Rule 53(1)(b) – giving more than one second preference vote.
Allow for Grey as first preference and second preference cannot be counted. Rule 60(2)(b) – second preference cannot be counted. If Grey has been eliminated from the contest, a ballot paper marked up in this way will not be included in the count of second preferences. If Grey has remained in the contest, the second preference is not included in the count because the voter has already given their first preference to Grey.
Allow for Grey as first preference, as equivalent to a cross in each box against Grey, and second preference cannot be counted. Rule 60(2)(b) – second preference cannot be counted.
Allow for Grey as first preference and reject second preference. Rule 53(1)(e) – reject second preference vote as void for uncertainty as to the second preference vote. In this example, the inclusion of the candidate's name 'Miller' in the voting box conflicts with the cross in the second preference column and casts doubt over who the voter intended to vote for as to their second preference.
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Name:
Date of Birth:
SUBJECT ANALYSIS EVALUATION REPORT
Sample APPLICANT
Reference:
Not Available
Purpose:
S00006/JPM
Date: 1 December 2004
Professional Licensure
Bachelor's degree in Civil Engineering
U.S. Equivalence:
Grade Average: 3.69
Credential:
Bachelor of Technology (Civil Engineering)
Institution: Kanpur University
India
Country:
1997
Year:
The academic work completed in this program can be converted to U.S. credits and grades as follows:
| Courses | Cate | gories | U.S. Credits |
|---|---|---|---|
| Industrial Organization | AEC | | 1.5 |
| Industrial Organization Coursework | AEC | | 0.75 |
| Algebra | M/BS | | 1.5 |
| Algebra Coursework | M/BS | | 0.75 |
| Physics I | M/BS | | 1.5 |
| Physics Coursework I | M/BS | | 0.75 |
| Engineering Chemistry | M/BS | | 1.5 |
| Engineering Chemistry Coursework | M/BS | | 0.75 |
| Engineering Graphics I | M/BS | | 1.5 |
| Engineering Graphics Coursework I | ES | | 0.75 |
| Physics Lab I | M/BS | | 1.5 |
| Physics Coursework Lab I | M/BS | | 0.75 |
| Engineering Chemistry Lab | M/BS | | 1.5 |
| Engineering Chemistry Coursework Lab | M/BS | | 0.75 |
| Workshop Practice Lab I | ES | | 1.5 |
| Workshop Practice Coursework Lab I | ES | | 0.75 |
| Mathematics | M/BS | | 1.5 |
| Courses | Categories | U.S. Credits |
|---|---|---|
| Mathematics Coursework | M/BS | 0.75 |
| Physics II | M/BS | 1.50 |
| Physics Coursework II | M/BS | 0.75 |
| Engineering Graphics II | ES | 1.50 |
| Engineering Graphics Coursework II | ES | 0.75 |
| Applied Mechanics II | ES | 1.50 |
| Applied Mechanics Coursework I | ES | 0.75 |
| Electrical Science | ES | 1.50 |
| Electrical Science Coursework | ES | 0.75 |
| Professional Communication & Technical Report Writing | H/SS | 1.50 |
| Professional Communication & Technical Report Writing Coursework | H/SS | 0.75 |
| Physics Lab II | M/BS | 1.50 |
| Physics Coursework Lab II | M/BS | 0.75 |
| Workshop Practice Lab II | ES | 1.50 |
| Workshop Practice Coursework Lab II | ES | 0.75 |
| Mathematics III | M/BS | 1.50 |
| Numerical Analysis & Computer Programming | | 1.50 |
| Applied Mechanics II | ES | 1.50 |
| Thermodynamics & Heat Transfer | ES | 1.50 |
| Material Science & Engineering Materials | ES | 1.50 |
| Basic Fluid Mechanics I | ES | 1.50 |
| Mathematics Coursework III | M/BS | 0.75 |
| Numerical Analysis & Computer Programming Coursework | M/BS | 0.75 |
| Applied Mechanics Coursework II | ES | 0.75 |
| Thermodynamics & Heat Transfer Coursework | ES | 0.75 |
| Material Science & Engineering Materials Coursework | ES | 0.75 |
| Basic Fluid Mechanics II | ES | 0.75 |
| Computer Programming Lab | ONEC | 1.50 |
| Fluid Mechanics Lab | ES | 1.50 |
| Computer Programming Coursework Lab | ONEC | 0.75 |
| Fluid Mechanics Coursework Lab | ES | 0.75 |
| Modern Economic Analysis | AEC | 1.50 |
| Basic Electronics | ES | 1.50 | B |
|---|---|---|---|
| Surveying I | ES | 1.50 | A |
| Hydraulics Hydraulic Machines | ES | 1.50 | A |
| Engineering Geology | ES | 1.50 | A |
| Structural Analysis I | ES | 1.50 | A |
| Modern Economic Analysis Coursework | AEC | 0.75 | A |
| Basic Electronics Coursework | ES | 0.75 | A |
| Surveying Coursework I | ES | 0.75 | A |
| Hydraulics & Hydraulic Machines Coursework | ES | 0.75 | B |
| Engineering Geology Coursework | ES | 0.75 | A |
| Structural Analysis Coursework I | ES | 0.75 | A |
| Electrical Lab | ES | 0.75 | A |
| Electronics Lab | ES | 0.75 | A |
| Surveying Lab I | ES | 0.75 | A |
| Electrical Coursework Lab | ES | 0.50 | A |
| Electronics Coursework Lab | ES | 0.50 | A |
| Surveying Coursework Lab | | 0.50 | A |
| Building Construction (4) | ES | 1.50 | B |
| Structural Analysis II (4) | ES | 1.50 | A |
| Structural Design I (4) | ED | 1.50 | A |
| Surveying II (4) | ES | 1.50 | A |
| Geotechnical Engineering (4) | ES | 1.50 | A |
| Building Design & Drawing (4) | ED | 1.50 | A |
| Building Construction Coursework (4) | ES | 0.75 | C |
| Structural Analysis Coursework II (4) | ES | 0.75 | A |
| Structural Design Coursework I (4) | ED | 0.75 | A |
| Surveying Coursework II (4) | ES | 0.75 | A |
| Geotechnical Engineering Coursework (4) | ES | 0.75 | A |
| Building Design & Drawing Coursework (4) | ED | 0.75 | A |
| Surveying Lab II (4) | ES | 1.50 | A |
| Concrete Lab (4) | ES | 1.50 | A |
| Surveying Coursework Lab (4) | ES | 0.75 | A |
| Courses | | Categories | U.S. Credits |
|---|---|---|---|
| Concrete Coursework Lab (4) | | ES | 0.75 |
| Structural Design II (4) | | ED | 1.50 |
| Foundation Engineering (4) | | ES | 1.50 |
| Transportation Engineering I (4) | | ES | 1.50 |
| Environmental Engineering I (4) | | ES | 1.50 |
| Hydrology & Water Resources Engineering (4) | | ES | 1.50 |
| Estimation & Valuation (4) | | AEC | 1.50 |
| Structural Design Coursework II (4) | | ED | 0.75 |
| Foundation Engineering Coursework (4) | | ES | 0.75 |
| Transportation Engineering Coursework I (4) | | ES | 0.75 |
| Environmental Engineering Coursework I (4) | | ES | 0.75 |
| Hydrology & Water Resources Engineering Coursework (4) | | ES | 0.75 |
| Estimation & Valuation Coursework (4) | | AEC | 0.75 |
| Soil Mechanics Lab (4) | | ES | 1.50 |
| Transportation Lab (4) | | ES | 1.50 |
| Soil Mechanics Coursework Lab | (4) | ES | 0.75 |
| Transportation Coursework Lab (4) | | | 0.75 |
| Irrigation Engineering & Hydraulic Design (4) | | ED | 1.50 |
| Open Channel Flow (4) | | ES | 1.50 |
| Environmental Engineering II (4) | | ES | 1.50 |
| Professional Practice & Construction Management (4) | | AEC | 1.50 |
| Advanced Surveying (4) | | ES | 1.50 |
| Irrigation Engineering & Hydraulic Design Coursework (4) | | ED | 0.75 |
| Open Channel Flow Coursework (4) | | ES | 0.75 |
| Environmental Engineering Coursework II (4) | | ES | 0.75 |
| Professional Practice & Construction Management Coursework (4) | | AEC | 0.75 |
| Advanced Surveying Coursework (4) | | ES | 0.75 |
| Environmental Lab (4) | | ES | 1.50 |
| Structures Lab (4) | | ES | 1.50 |
| Environmental Coursework Lab (4) | | ES | 0.75 |
| Structures Coursework Lab (4) | | ES | 0.75 |
| Seminar Coursework Lab (4) | | ES | 0.75 |
| Courses | | | Categories | U.S. Credits | |
|---|---|---|---|---|---|
| Project Coursework Lab I (4) | | | ED | 1.50 | A |
| Industrial Management (4) | | | AEC | 1.50 | A |
| Transportation Engineering II (4) | | | ES | 1.50 | A |
| Structural Design III (4) | | | ED | 1.50 | B |
| Dynamics of Structures (4) | | | ES | 1.50 | A |
| Industrial Management Coursework (4) | | | AEC | 0.75 | A |
| Transportation Engineering Coursework II (4) | | | ES | 0.75 | A |
| Structural Design Coursework III (4) | | | ES | 0.75 | B |
| Dynamics of Structures Coursework (4) | | | ES | 0.75 | A |
| Hydraulics Lab (4) | | | ES | 1.50 | A |
| Project Lab (4) | | | ED | 3.00 | A |
| Hydraulic Coursework Lab (4) | | | ES | 0.75 | A |
| Project Coursework Lab II (4) | | | ED | 1.50 | A |
| Tour Coursework Lab (4) | | | ES | 0.75 | A |
| Training Coursework Lab (4) | | | ES | 1.50 | A |
| | Total semeste | r hours of un | | | |
Footnote Key for Sample Report (This would normally appear on the back side of the safety paper)
(4) Upper level course
*****NOTHING FURTHER ON THIS PAGE*****
Summary
It is the judgment of Educational Credential Evaluators, Inc. that Sample APPLICANT has the United States equivalent of:
Bachelor's degree in Civil Engineering ~
This academic work represents a total of 143.25 semester hours of credit which can be grouped into the following categories:
JPM/eps
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TOP 100 - World's leading armament companies
Rank in
2006
Defense
% of Revenue Rank in
Company
Leadership
Country
Revenue*
Total Revenue*
from Defense 2005
2006
Source: Defense News (www.defensenews.com)
* In millions of U.S. dollars. Currency conversions for non-U.S. firms calculated using prevailing rates at the end of each firm's fiscal year.
NOTES FOR 2006 :
1 Spun off from Halliburton
2 Fiscal year ending 1/31/07
3 Aerospace Engines only
4 Last year's much lower rank of 32 was based on incorrect data provided for 2005 defense revenue
5 Fiscal year ending 3/31/07
6 Defense revenue from Japanese Defense Agency contracts
7 Fiscal year ending 9/30/06
8 Defense revenue is estimated by Center for Analysis of Strategies and Technologies, Moscow
9 Fiscal year ending 12/29/06
10 Fiscal year ending 12/03/06
11 Fiscal year ending 6/30/06
12 Defense revenue based on DoD contracts
13 Fiscal year ending 10/31/06
NR –Not Ranked
NA –Not Available
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MINUTES OF A SPECIAL MEETING OF THE SANGER CITY COUNCIL
OCTOBER 20, 2016
COUNCIL CHAMBER
5:00 P.M.
TH
Sanger, California 93657
1700 7 Street
A. CALL TO ORDER
The Special Meeting was called to order at 5:03:01 PM.
B. ROLL CALL
Present:
Mayor Pro Tem Raul Cantu, Council Member Humberto Garza, Council Member Tony Pacheco, Council Member Eli Ontiveros
Absent:
None
C. PUBLIC FORUM
None.
D. CLOSED SESSION
1. Pursuant to Government Code Section 54957
Agency designated representatives: City Manager, City Attorney, City Clerk/Deputy
CONFERENCE WITH LABOR NEGOTIATORS
Personnel Officer
Employee Organization: Sanger Firefighters Association
2. Pursuant to Government Code Section 54956.95
a)
Claimant: Latricia Candanoza
LIABILITY CLAIMS
Agency Claimed Against: City of Sanger
b)
Claimant: Rafael Melendez
Agency Claimed Against: City of Sanger
3. Pursuant to Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
The Council adjourned to Closed Session at 5:04:33 PM.
The Council reconvened the Special Meeting at 6:02:19 PM.
E. CITY ATTORNEY REPORT FROM CLOSED SESSION
City Attorney Hilda Cantú Montoy reported the following:
Item D.2a is a claim filed by Latricia Candanoza involving an accident that occurred on December 10, 2015 caused by a Sanger police vehicle. The Council by unanimous vote approved a settlement in amount of $8686.90.
Item D.2b is a claim filed by Rafael Melendez regarding an accident in which damage to his vehicle was caused while a City employee was mowing the lawn in a downtown park. The Council by unanimous vote approved a settlement in amount of $643.70.
F. ADJOURNMENT
The Council adjourned their Special Meeting at 6:03:35 PM.
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Records management toolkit Copying and copyright
Summary
The law in relation to copying and copyright is complex. This factsheet intends to explain in broad terms what copyright is and offer general guidance on what you are able to copy without infringing copyright legislation. You will discover:
What copyright is
What copying is allowed without permission
Examples of the copying you can and cannot do
The content of this factsheet deals specifically with the topic of copying material for use within the context of your daily work. It does not concern itself with providing copies of records generated by you to researchers. Please look at the factsheet titled "Access to records" for a discussion of providing copies to researchers.
Please note that the information detailed in this note is for general purposes only. It does not constitute legal advice and may not suit your own particular purposes. For legal advice on which you can rely you should contact your own legal adviser(s).
Further general guidance on the issue of copyright can be found on the website of the Intellectual Property Office (www.ipo.gov.uk) and on the website of The National Archives (www.nationalarchives.gov.uk).
What is copyright?
Copyright gives rights to a creator of certain works, which includes text, lists and databases, drawings, graphic designs, logos and computer programmes, and allows him/her to control how the works may be used. It is an automatic right which arises whenever a literary, dramatic, musical or artistic work is presented in a tangible form. There is no need for registration or to claim copyright in some way. The principal UK legislation is the Copyright Designs and Patents Act 1988 (the "1988 Act").
It is usually the creator(s) of the work who own the copyright (e.g. an author, composer, artist, or photographer). If the work is created in the course of a person's employment, then the copyright holder is usually the employer.
Copyright allows the creator to prevent others from copying and distributing his/her work without permission. It is not necessary for a hard copy to be created for an infringement of copyright to take place and will include scanning. In fact, merely downloading copyright text from an internet site without permission could be a breach of the copyright legislation.
Copyright is usually preserved in a work for a limited period of time. For example, in literary, dramatic, musical and artistic works, copyright is protected up to 70 years from the end of the year following the death of the author. This standard term may be impacted by other specific circumstances though and this is one example of various periods of time applicable. You should seek further guidance for other standard terms.
It is important to note that infringement of copyright may expose you and your organisation to legal action and claims for damages.
What copying is allowed without permission?
The 1988 Act allows for copying/scanning without permission in certain limited circumstances. One such circumstance is the "fair dealing" exception, which permits the making of a single copy by or for an individual for the purposes of noncommercial research or private study, criticism or review, or for reporting current events. In general, this means that many copying activities, including multiple copying for teaching purposes, are illegal. The 1988 Act does, however, permit the setting up of licensing schemes, to enable licences to be granted to extend permitted copying in return for fees which are given to the copyright owners. For instance the Copyright Licensing Agency ("CLA").
The question of whether the copying/scanning is "fair dealing" is one of fact and degree. That said, as a general guide, if the amount copied could be substituted for the entire original work, or contains long sections of text, it is unlikely to be judged as fair. In addition, any copying carried out for research or private study which is directly or indirectly linked with a commercial purpose is likely to constitute an infringement. An example of this would be research for a book chapter or journal article where the author is paid.
What you can and cannot copy
You can as a guideline, providing the copying/scanning is for non-commercial research or private study, criticism or review, or reporting of current events:
Copy/scan one article from a journal
Copy/scan one chapter from a book or up to 5% of extracts
You cannot, in general, unless the copyright has expired or you have a licence under a relevant licensing scheme, such as CLA, or permission from the copyright owner has been sought and granted:
Make multiple copies (e.g. for meetings and training purposes)
Store and retrieve digital copies on an electronic network
Scan material for distribution, for instance via email, websites, PowerPoint presentations
Provide a copy/scan to a member of the public
Make copies/scans for commercial purposes
You must seek legal advice if you intend to do any of the above.
Factsheets available in the records management toolkit
What is records management
Organising your records
Looking after your paper records
Looking after your electronic records
Looking after your emails
Looking after your multimedia records
Agreements with record offices
Access to records
Data protection
Copying and copyright
Glossary
Further guidance
For further guidance please contact the Church of England Record Centre:
15 Galleywall Road, South Bermondsey, London, SE16 3PB.
020 7898 1030
[email protected]
Last updated January 2013
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DINGWALL & HIGHLAND MARTS LIMITED – 05/07/16
| | No | Top price | Bottom Price | Average | +/- |
|---|---|---|---|---|---|
| CATTLE | | | | | |
| BULLOCKS | | | | | |
| Premium | 5 | 230.0 | 215.0 | 220.7 | +11.2 |
| Prime | 3 | 212.0 | 198.0 | 207.0 | +6.4 |
| Commercial | | | | | |
| HEIFERS | | | | | |
| Premium | 9 | 236.0 | 221.0 | 229.5 | +4.5 |
| Prime | 5 | 216.0 | 201.0 | 209.0 | +8.8 |
| Commercial | | | | | |
| SHEEP | | | | | |
| NEW SEASON LAMBS | | | | | |
| Premium 25.0–35.9 | | | | | |
| Premium 36.0–45.5 | 17 | 212.2 | 192.9 | 196.9 | -2.0 |
| Prime 25.0–35.9 | | | | | |
| Prime 36.0–45.5 | 95 | 190.4 | 184.3 | 188.1 | -1.8 |
| Prime 45.6–52.0 | 2 | 180.6 | 180.6 | 180.6 | N/C |
| Commercial 25.5-45.5 | | | | | |
| Commercial 46.0 + | 9 | 175.0 | 175.0 | 175.0 | -2.1 |
| OLD SEASON LAMBS | | | | | |
| Premium 25.0–35.9 | | | | | |
| Premium 36.0–45.5 | | | | | |
| Prime 25.0–35.9 | | | | | |
| Prime 36.0–45.5 | | | | | |
| Prime 45.6–52.0 | | | | | |
| Commercial 25.5-45.5 | 16 | 108.2 | 80.5 | 95.0 | -9.0 |
| Commercial 46.0 + | 1 | 101.9 | 101.9 | 101.9 | +9.5 |
DINGWALL, Dingwall & Highland Marts Ltd., (July, 5 th ) sold 22 prime cattle.
Prime bullocks (8) averaged 215.3p (+13.3p) and sold to 230p per kg and £1,371.50 gross.
Prime heifers (14) averaged 222.1p (+21.3p) and sold to 236p per kg and £1,362.55 gross.
------------------------------------------------------------------------------------------------------------
DINGWALL, Dingwall & Highland Marts Ltd., (July, 5 th ) sold 22 prime cattle.
Prime bullocks (8) averaged 215.3p (+13.3p) and sold to 230p per kg for a 565kg Limousin cross from Raffin, Tore, to Messrs Fraser Brothers Butchers, Dingwall, and £1,371.50 gross for a 650kg Limousin cross from Findon Mains, Culbokie to Messrs John M. Munro Ltd, Dingwall.
Prime heifers (14) averaged 222.1p (+21.3p) and sold to 236p per kg for a 570kg Limousin cross from Bridgend Farm, Dingwall and for a 560kg British Blue cross from Easter Sheep Park, Balblair to Messrs John M. Munro Ltd. and £1,362.55 gross for a 595kg Limousin cross from Bridgend Farm.
Other leading prices per kg:
Bullocks: Raffin, (LimX), 229p; Findon Mains, (LimX), 215p (twice).
Heifers: Easter Sheep Park, (BRB), 235p; Bridgend Farm, (LimX), 229p (twice); Kildun, Dingwall, (Lim), 209p.
Other leading prices per head:
Bullocks: Findon Mains, (LimX), £1,333.00; Raffin, (LimX), £1,299.50.
Heifers: Bridgend Farm, (LimX), £1,345.20; Easter Sheep Park, (BRB), £1,321.60; Kildun, (Lim), £1,285.35.
------------------------------------------------------------------------------------------------------------
DINGWALL, Dingwall & Highland Marts Ltd., (July, 5 th ) sold 263 prime sheep.
New season lambs (123) averaged 188.1p, (-7.1p) and sold to 212.2p per kg and £87 gross.
SQQ 36.5kg to 45.5kg (112) averaged 189.4p per kg.
Old season lambs (17) averaged 95.5p (-11.2p) per kg and sold to 108.2p per kg and £53 gross.
Prime & Feeding sheep (123) sold to £101 gross.
-----------------------------------------------------------------------------------------------------------
DINGWALL, Dingwall & Highland Marts Ltd., (July, 5 th ) sold 263 prime sheep.
New season lambs (123) averaged 188.1p (-7.1p) and sold to 212.2p per kg and £87 gross for 41kg Texel crosses from Lochdhu,
Nairn, to Messrs Fraser Brothers Butchers, Dingwall.
SQQ 36.5kg to 45.5kg (112) averaged 189.4p per kg.
Old season lambs (17) averaged 95.5p (-11.2p) per kg and sold to 108.2p per kg for 42.5kg Crosses from Morayscairn Farm, Alves and £53 gross for a 52kg Suffolk cross from South Clunes, Kirkhill.
Prime & Feeding sheep (123) sold to £101 gross for Texel cross ewes from Wester Moy, Urray.
Other leading prices per head and per kg:
New season lambs: Chev –Shepherds Cottage, Meddat, £84, 180.7p; SuffX – Borowston Mains, Thurso, £84, Lochdhu, 192.9p;
TexX – Birchwood, Dornoch, £83 (twice), Lochdhu, 193.8p; CharX – Sanquhar Mains, Forres, £76, 190.0p.
Old season lambs: Cross – Morayscairn, £46; SuffX – South Clunes, 101.9p; BF – Morayscairn, £34, 95.8p.
Prime & Feeding sheep: TexX – New House, Balvaird, £100; Suff – Lochdhu, £92; SuffX – Wester Moy, £85; Tex – Wester Moy, £77; Chev – Glendale, Dunvegan, £72; ZWB – Shepherds Cottage, £65; Cross – Morayscairn, £61; Mule – Birchwood, £60.
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Crisis Communications When "It" Hits the Fan
Effective communications for critical times with Gerard Braud
Discover how to assess vulnerabilities in your company and write a Crisis Communications Plan.
About Your Speaker
Learn what you can do on a clear sunny day to prepare for the challenges of your darkest day.
In this program you will:
* Discover the impact of Social Media on crisis communications
* Unlock the mystery of writing a thorough, yet easy to use plan
* Master the secrets to communicating rapidly in a crisis
* Learn why tried and true beats shiny and new in communications
Ideal for every public relations and internal communications professional
Powerful communications before a crisis and rapid communications during a crisis has the ability to move people out of harm's way and save lives. But whether it is a predicted weather emergency or a sudden fire, explosion or natural disaster, most organizations fail to plan how they will communicate with their critical audiences, including the media, employees, stakeholders, and the ever present social media world. Failure to plan communications leads to confusion, chaos and a wild array of rumors. Sometimes it leads to death.
In this program, Gerard Braud reveals the steps he has successfully used to help organizations on 5 continents write and implement their crisis communications plans, including:
* The elements that make up the heart of a crisis communications plan
* How to assess vulnerabilities through collaboration with your company
* Ways to pre-write a library of communications templates
* Team building and preparedness through crisis communications drills
* Media training strategies to prepare spokespeople for interviews
This program is available in formats of 1 hour, 90 minutes or 3 hours
To book a program, check availability or pricing, contact Gerard Braud at 985-624-9976 or [email protected]
Known as the guy to call when "it" hits the fan, Gerard Braud (Jared Bro) is an expert in crisis communications and media issues.
He is an international trainer, author and speaker, who has worked with organizations on five continents.
He is the author of Don't Talk to the Media Until... 29 Secrets You Need to Know Before You Open Your Mouth to a Reporter.
Gerard has a gift for foreseeing and predicting crises. Fifteen years before Hurricane Katrina, he predicted the catastrophic destruction that would befall his hometown of New Orleans. For 2 years prior to the Virginia Tech shootings of 2007, Gerard warned that the crisis communications plans at most universities were insufficient and would fail when they were needed most.
Gerard has been active in the field of communications since 1979. For 15 years, he worked in print, radio and television as a front line journalist. His affiliate reports have been seen around the world on NBC, CBS, CNN and the BBC.
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2017-03-27T10:42:48Z
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CITY/COUNTY ASSOCIATION OF GOVERNMENTS FINANCE COMMITTEE MEETING MINUTES November 20, 2015
Committee Members Attending:
Art Kiesel (City of Foster City) Jay Benton (Town of Hillsborough) Alica Aguirre (City of Redwood City) Bob Grassilli (City of San Carlos)
Guests or Staff Attending:
Sandy Wong, Jean Higaki - C/CAG Staff Tracy Kwok - San Carlos Financial Services Manager
1. Call to order
At 12:05 P.M. Finance Committee meeting was called to order.
2. Public comment on related items not on the agenda.
None
3. Approval of minutes of February 26, 2015 meeting. (Action)
Member Benton moved and member Grassilli seconded approval of the minutes. Motioned passed unanimously.
4. Receive copies of monthly investment statements for July, August, and September 2015. (Information)
Finance committee members liked the revised format of the investment statements. A clarification was made regarding a couple of distributed funds to jurisdictions. These were attributed to Measure M disbursements.
Member Benton asked what "Repurchase Agreements" were. Tracy Kwok followed up via email after contacting the San Mateo County Treasurer's Office. Repurchase Agreements are very short-term (overnight) investment of mostly Treasury Notes but occasionally Treasury Bills. They are separately reported in the investment report because of its very short-term nature.
5. Review the C/CAG Quarterly Investment Report as of September 30, 2015. (Information)
Member Aguirre asked if there was a way to get a better rate. Other finance committee members clarified that the overall interest rate is not very high and that the priority adopted by the C/CAG Board is to protect the principal.
6. Recommend modifications to the C/CAG investment portfolio as needed. (Action)
Member Kiesel mentioned that although the portfolio is well within the range adopted by the board we should consider aiming to keep the County Pool funds between 40-42% since the rates are moving faster than LAIF. The moving of funds to County Pool will need to keep in mind the LAIF balance requirements for operation withdrawals.
Member Grassilli moved and member Aguirre recommended no change to the investment portfolio. Motion passed unanimously.
7. Review and recommend approval of the C/CAG Investment Policy for FY 2015-16. (Action)
Tracy Kwok walked the committee through the changes made on the draft investment policy for FY 15-16. Most changes are updates to keep consistent with government codes. Clarifications and clean-up of inconsistent clauses were also made. There was a discussion regarding the commercial paper rankings. The maximum portfolio amounts were clarified to reflect the Board approved policy. The committee requested the addition of a few clarifications and glossary definitions to the policy.
Member Aguirre moved and member Benton recommended approval of the C/CAG investment policy for FY 2015-16, as amended. Motion passed unanimously.
8. Develop the 2016 Finance Committee meeting Calendar
The committee felt that if might be better to meet on the Wednesday of the same week. There was also a discussion regarding the up-coming vacant seat that will be left when Art Kiesel terms out.
Member Aguirre moved and member Benton recommended approval of the C/CAG investment policy for FY 2015-16. Motion passed unanimously.
9. Adjournment
The meeting adjourned at approximately 12:45 P.M.
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Clear Form
Retrieve Data
Print Form
Save Data
I, embership in the Huguenot Society of the right of descent from: , hereby apply for m
E-Mail:
INSTRUCTIONS FOR PREPARATION OF THE APPLICATION
The documentation for each generation of the lineage must identify the individuals named and the linkage between generations. All generational proof and proof of service submitted shall conform to the present day standard of evidence even though a record may have been submitted and accepted at an earlier date and with less documentation. All proof submitted must be legible.
Birth certificates, marriage licenses and certificates, death certificates, wills, deeds, probate records, family Bibles, census records naming the individual, and documents executed at the time of the event are considered legal records of evidence. proof must contain dates and places, or other supporting information.
Lineages accepted by another Society or unsupported statements in a county history, family genealogy, or newsletter are not valid proof to establish a line of descent.
All references cited to support the lineage and service must be accompanied by a copy of the record. If from a published source public or private, the title, author, and the date of publication should be stated on the application.
The basis of lineage is biological, and not through adoptive parents. If a child's surname has been changed, the birth and marriage of the biological parents should be shown, and divorce data supplied when applicable. If a child now bears a surname other than that of the biological father, the change should be evidenced by a legal record or by a certified affidavit.
(Please provide all dates in day, three character month, and four digit year format – for example: 19 SEP 1923)
LINEAGE
1. I, (Birth certificate required)
_
_
_
(Birth, marriage, and applicable death certificates required)
6. The said _ _
_
_
_
_
_
LINEAGE
12. The said _ _ _
_
_
_
LINEAGE
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Silsden Town Council
TOWN CLERK
Mrs Lesley Corcoran
1 Oak Tree Court, Silsden, Keighley, BD20 9QS
Telephone: (01535)670005.
Email: [email protected]
SUMMONS TO MEETING OF SILSDEN TOWN COUNCIL'S PLANNING COMMITTEE. 7.30PM IN THE COUNCIL CHAMBER, SILSDEN TOWN HALL ON THURSDAY THE 18th April 2013
PLANNING AGENDA.
1. Apologies for absence
2. Declaration of interest on items on the agenda.
3. Public Adjournment
4. Minutes of the last meeting 21/3/13 to be signed as true [previously circulated].
5. To comment on the following applications:
13/01228/HOU | Demolition of recent extension to listed building and addition of new rear annex | Town Head Farm North Street Silsden West Yorkshire BD20 9PP also a letter from the applicant received for clerk to read out.
13/00459/FUL | Alterations to front entrance and re-installation of escape stairs to rear | Town Hall Kirkgate Silsden West Yorkshire BD20 0PB
13/01246/HOU | Conservatory to side | 2 Jennings Close Silsden West Yorkshire BD20 0QN
6. To confirm date of the next meeting
Lesley Corcoran
………………………………………
Silsden Town Clerk
11/4/13
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|
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MECH 496: Engineering Management
Course Outline
Instructor: Brian (Baher) Amouzgar
Linked in Profile
Course Description
The basic functions of management apply to all strands of management, and engineering management is no exception. This course provides an introduction to such generic functions, with particular contextualization to engineering environments. Sustainable engineering operations require the support of two critical domains, namely finance and marketing. The course offers an insight into these two domains as they relate to, and interact with, engineering operations.
Main Textbook
Chang, C. M. (2016). Engineering Management: Meeting the Global Challenges. Second edition. CRC Press. ISBN 9781498730075.
Learning Outcomes
By the end of this course, the student will be able to;
- Identify the factors affecting the performance of an engineer in modern work environments
- Understand organizations and the different ways they are structured
- Name and relate to strategic planning processes and how they relate to engineering operations
- Learn how engineering work environments are organized for achieving maximum productivity
- Differentiate between the managerial and leadership dimensions of executive positions
- Become familiar with the managerial standard and metrics used to evaluate engineering performance
- Obtain an insight into the supporting function of finance, accounting, and cost structures
- Relate and interface the work carried out by engineers with that of marketing and sales experts
Course Evaluation
| | Component | | Weight | Remarks |
|---|---|---|---|---|
| Quizzes | | 25% | | |
| Proposal | | 5% | | |
| Assignment | | 20% | | |
Description of Assignments
Students will be scheduled to prepare and present a case study each and submit a written assignment. Each student will use own prepared material to lead a discussion at a Round Table session.
Rubrics:
-Slideshow presentation quality (20 points)
-Inclusion of external content (to the case) with proper reference citation. (10 points)
-Inclusion of audio-visual content, and/or illustration objects/models, with reference citation. (10 points)
-Video shows. Incorporate pauses to insert additional explanatory comments. (10 points)
-Submission of slides with substantive descriptions added in the Notes area. (20 points)
-Writing mechanics. (10 points)
-Effective conclusion and demonstrating direct link to the respective course topic. (20 points)
Tentative Schedule
| | # | | Day | | Date | | Chapter | Activity |
|---|---|---|---|---|---|---|---|---|
| 1 | | Wed | | 07-Sep-16 | | 01: Introduction | | |
| 2 | | Fri | | 09-Sep-16 | | | | |
| 3 | | Mon | | 12-Sep-16 | | 02: EM Functions - Planning | | |
| 4 | | Wed | | 14-Sep-16 | | | | |
| 5 | | Fri | | 16-Sep-16 | | 03: EM Functions - Organizing | | |
| 6 | | Mon | | 19-Sep-16 | | | | |
| 7 | | Wed | | 21-Sep-16 | | 04: EM Functions - Leading | | |
| 8 | | Fri | | 23-Sep-16 | | | | |
| 9 | | Mon | | 26-Sep-16 | | | | |
| 10 | | Wed | | 28-Sep-16 | | | | |
| 11 | | Fri | | 30-Sep-16 | | 05: EM Functions - Controlling | | |
| 12 | | Mon | | 03-Oct-16 | | Roundtables on Engineering Management Functions | | |
| 13 | | Wed | | 05-Oct-16 | | | | |
| 14 | | Fri | | 07-Oct-16 | | | | |
| 15 | | Mon | | 10-Oct-16 | | Thanksgivings Day | | |
| 16 | | Wed | | 12-Oct-16 | | 6: Business Fundamentals - Cost Accounting | | |
| 17 | | Fri | | 14-Oct-16 | | | | |
| 18 | | Mon | | 17-Oct-16 | | | | |
| 19 | | Wed | | 19-Oct-16 | | | | |
| 20 | | Fri | | 21-Oct-16 | | | | |
| 21 | | Mon | | 24-Oct-16 | | 7: Business Fundamentals - Financial Accounting & Management | | |
| 22 | | Wed | | 26-Oct-16 | | | | |
| 23 | | Fri | | 28-Oct-16 | | | | |
| 24 | | Mon | | 31-Oct-16 | | | | |
| 25 | | Wed | | 02-Nov-16 | | 8: Business Fundamentals - Financial Accounting & Management | | |
| 26 | | Fri | | 04-Nov-16 | | | | |
| 27 | | Mon | | 07-Nov-16 | | | | |
| 28 | | Wed | | 09-Nov-16 | | | | |
| 29 | | Fri | | 11-Nov-16 | | Remembrance Day | | |
| 30 | | Mon | | 14-Nov-16 | | 9: Engineers as Managers/Leaders | | |
| 31 | | Wed | | 16-Nov-16 | | | | |
| 32 | | Fri | | 18-Nov-16 | | | | |
| 33 | | Mon | | 21-Nov-16 | | 10: Operational Excellence | | |
| 34 | | Wed | | 23-Nov-16 | | | | |
| 35 | | Fri | | 25-Nov-16 | | Roundtables on Business Fundamentals | | |
| 36 | | Mon | | 28-Nov-16 | | | | |
| 37 | | Wed | | 30-Nov-16 | | | | |
| 38 | | Fri | | 02-Dec-16 | | Troubleshooting on demand and Q&A opportunity | | |
Remarks:
- Please note the schedule may change depending on circumstances. It is the student's responsibility to keep track of any changes
- We will conduct this course as paperless as possible. All exams will be digitally administered, online. Students are expected to bring along their computing devices.
|
<urn:uuid:5ea9e205-995b-48d3-bf7f-769b00f0154e>
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CC-MAIN-2017-13
|
http://mech2.sites.olt.ubc.ca/files/2014/12/MECH-496-2016.pdf
|
2017-03-27T10:40:20Z
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MAXIMUM CONTAMINANT LEVELS AND REGULATORY DATES FOR DRINKING WATER
U.S. EPA VS CALIFORNIA
LAST UPDATED JULY 2014
| Contaminant | | U.S. EPA | | California | |
|---|---|---|---|---|---|
| | | MCL (mg/L) | Datea | MCL (mg/L) | Effective Date |
| | Inorganics | | | | |
| Aluminum | | 0.05 to 0.2b | 1/91 | 1 0.2b | 2/25/89 9/8/94 |
| Antimony | | 0.006 | 7/92 | 0.006 | 9/8/94 |
| Arsenic | | 0.05 0.010 | eff: 6/24/77 eff: 1/23/06 | 0.05 0.010 | 77 11/28/08 |
| Asbestos | | 7 MFLc | 1/91 | 7 MFLc | 9/8/94 |
| Barium | | 1 2 | eff: 6/24/77 1/91 | 1 | 77 |
| Beryllium | | 0.004 | 7/92 | 0.004 | 9/8/94 |
| Cadmium | | 0.010 0.005 | eff: 6/24/77 1/91 | 0.010 0.005 | 77 9/8/94 |
| Chromium | | 0.05 0.1 | eff: 6/24/77 1/91 | 0.05 | 77 |
| Copper | | 1.3d | 6/91 | 1b 1.3d | 77 12/11/95 |
| Cyanide | | 0.2 | 7/92 | 0.2 0.15 | 9/8/94 6/12/03 |
| Fluoride | | 4 2b | 4/86 4/86 | 2 | 4/98 |
| Hexavalent Chromium | | - | - | 0.010 | 7/1/14 |
| Lead | | 0.05e 0.015d | eff: 6/24/77 6/91 | 0.05 e 0.015d | 77 12/11/95 |
| Mercury | | 0.002 | eff: 6/24/77 | 0.002 | 77 |
| Nickel | | Remanded | | 0.1 | 9/8/94 |
| Nitrate | | (as N) 10 | eff: 6/24/77 | (as N03) 45 | 77 |
| Nitrite (as N) | | 1 | 1/91 | 1 | 9/8/94 |
| Total Nitrate/Nitrite (as N) | | 10 | 1/91 | 10 | 9/8/94 |
| Perchlorate | | - | - | 0.006 | 10/18/07 |
| Selenium | | 0.01 0.05 | eff: 6/24/77 1/91 | 0.01 0.05 | 77 9/8/94 |
| Thallium | | 0.002 | 7/92 | 0.002 | 9/8/94 |
| | Radionuclides | | | | |
| Uranium | | 30 ug/L | 12/7/00 | 20 pCi/L 20 pCi/L | 1/1/89 6/11/06 |
| Combined Radium - 226+228 | | 5 pCi/L | eff: 6/24/77 | 5 pCi/L 5 pCi/L | 77 6/11/06 |
| Gross Alpha particle activity (excluding radon & uranium) | | 15 pCi/L | eff: 6/24/77 | 15 pCi/L 15 pCi/L | 77 6/11/06 |
| Gross Beta particle activity | | 4 millirem/yr | eff: 6/24/77 | 50 pCi/Lf 4 millirem/yr | 77 6/11/06 |
| Strontium-90 | | 8 pCi/L | eff: 6/24/77 | 8 pCi/Lf 8 pCi/Lf | 77 6/11/06 |
| | | | now covered by Gross Beta | | |
| Tritium | | 20,000 pCi/L | eff: 6/24/77 | 20,000 pCi/Lf 20,000 pCi/Lf | 77 6/11/06 |
| | | | now covered by Gross Beta | | |
| Contaminant | | U.S. EPA | | California | |
|---|---|---|---|---|---|
| | | MCL (mg/L) | Datea | MCL (mg/L) | Effective Date |
| | VOCS | | | | |
| Benzene | | 0.005 | 6/87 | 0.001 | 2/25/89 |
| Carbon Tetrachloride | | 0.005 | 6/87 | 0.0005 | 4/4/89 |
| 1,2-Dichlorobenzene | | 0.6 | 1/91 | 0.6 | 9/8/94 |
| 1,4-Dichlorobenzene | | 0.075 | 6/87 | 0.005 | 4/4/89 |
| 1,1-Dichloroethane | | - | - | 0.005 | 6/24/90 |
| 1,2-Dichloroethane | | 0.005 | 6/87 | 0.0005 | 4/4/89 |
| 1,1-Dichloroethylene | | 0.007 | 6/87 | 0.006 | 2/25/89 |
| cis-1,2-Dichloroethylene | | 0.07 | 1/91 | 0.006 | 9/8/94 |
| trans-1,2-Dichloroethylene | | 0.1 | 1/91 | 0.01 | 9/8/94 |
| Dichloromethane | | 0.005 | 7/92 | 0.005 | 9/8/94 |
| 1,3-Dichloropropene | | - | - | 0.0005 | 2/25/89 |
| 1,2-Dichloropropane | | 0.005 | 1/91 | 0.005 | 6/24/90 |
| Ethylbenzene | | 0.7 | 1/91 | 0.68 0.7 0.3 | 2/25/89 9/8/94 6/12/03 |
| Methyl-tert-butyl ether (MTBE) | | - | - | 0.005b 0.013 | 1/7/99 5/17/00 |
| Monochlorobenzene | | 0.1 | 1/91 | 0.03 0.07 | 2/25/89 9/8/94 |
| Styrene | | 0.1 | 1/91 | 0.1 | 9/8/94 |
| 1,1,2,2-Tetrachloroethane | | - | - | 0.001 | 2/25/89 |
| Tetrachloroethylene | | 0.005 | 1/91 | 0.005 | 5/89 |
| Toluene | | 1 | 1/91 | 0.15 | 9/8/94 |
| 1,2,4 Trichlorobenzene | | 0.07 | 7/92 | 0.07 0.005 | 9/8/94 6/12/03 |
| 1,1,1-Trichloroethane | | 0.200 | 6/87 | 0.200 | 2/25/89 |
| 1,1,2-Trichloroethane | | 0.005 | 7/92 | 0.032 0.005 | 4/4/89 9/8/94 |
| Trichloroethylene | | 0.005 | 6/87 | 0.005 | 2/25/89 |
| Trichlorofluoromethane | | - | - | 0.15 | 6/24/90 |
| 1,1,2-Trichloro-1,2,2- Trifluoroethane | | - | - | 1.2 | 6/24/90 |
| Vinyl chloride | | 0.002 | 6/87 | 0.0005 | 4/4/89 |
| Xylenes | | 10 | 1/91 | 1.750 | 2/25/89 |
| Contaminant | | U.S. EPA | | California | |
|---|---|---|---|---|---|
| | | MCL (mg/L) | Datea | MCL (mg/L) | Effective Date |
| | SOCS | | | | |
| Alachlor | | 0.002 | 1/91 | 0.002 | 9/8/94 |
| Atrazine | | 0.003 | 1/91 | 0.003 0.001 | 4/5/89 6/12/03 |
| Bentazon | | - | - | 0.018 | 4/4/89 |
| Benzo(a) Pyrene | | 0.0002 | 7/92 | 0.0002 | 9/8/94 |
| Carbofuran | | 0.04 | 1/91 | 0.018 | 6/24/90 |
| Chlordane | | 0.002 | 1/91 | 0.0001 | 6/24/90 |
| Dalapon | | 0.2 | 7/92 | 0.2 | 9/8/94 |
| Dibromochloropropane | | 0.0002 | 1/91 | 0.0001 0.0002 | 7/26/89 5/3/91 |
| Di(2-ethylhexyl)adipate | | 0.4 | 7/92 | 0.4 | 9/8/94 |
| Di(2-ethylhexyl)phthalate | | 0.006 | 7/92 | 0.004 | 6/24/90 |
| 2,4-D | | 0.1 0.07 | eff: 6/24/77 1/91 | 0.1 0.07 | 77 9/8/94 |
| Dinoseb | | 0.007 | 7/92 | 0.007 | 9/8/94 |
| Diquat | | 0.02 | 7/92 | 0.02 | 9/8/94 |
| Endothall | | 0.1 | 7/92 | 0.1 | 9/8/94 |
| Endrin | | 0.0002 0.002 | eff: 6/24/77 7/92 | 0.0002 0.002 | 77 9/8/94 |
| Ethylene Dibromide | | 0.00005 | 1/91 | 0.00002 0.00005 | 2/25/89 9/8/94 |
| Glyphosate | | 0.7 | 7/92 | 0.7 | 6/24/90 |
| Heptachlor | | 0.0004 | 1/91 | 0.00001 | 6/24/90 |
| Heptachlor Epoxide | | 0.0002 | 1/91 | 0.00001 | 6/24/90 |
| Hexachlorobenzene | | 0.001 | 7/92 | 0.001 | 9/8/94 |
| Hexachlorocyclopentadiene | | 0.05 | 7/92 | 0.05 | 9/8/94 |
| Lindane | | 0.004 0.0002 | eff: 6/24/77 1/91 | 0.004 0.0002 | 77 9/8/94 |
| Methoxychlor | | 0.1 0.04 | eff: 6/24/77 1/91 | 0.1 0.04 0.03 | 77 9/8/94 6/12/03 |
| Molinate | | - | - | 0.02 | 4/4/89 |
| Oxamyl | | 0.2 | 7/92 | 0.2 0.05 | 9/8/94 6/12/03 |
| Pentachlorophenol | | 0.001 | 1/91 | 0.001 | 9/8/94 |
| Picloram | | 0.5 | 7/92 | 0.5 | 9/8/94 |
| Polychlorinated Biphenyls | | 0.0005 | 1/91 | 0.0005 | 9/8/94 |
| Simazine | | 0.004 | 7/92 | 0.010 0.004 | 4/4/89 9/8/94 |
| Thiobencarb | | - | - | 0.07 0.001b | 4/4/89 4/4/89 |
| Toxaphene | | 0.005 0.003 | eff: 6/24/77 1/91 | 0.005 0.003 | 77 9/8/94 |
| 2,3,7,8-TCDD (Dioxin) | | 3x10-8 | 7/92 | 3x10-8 | 9/8/94 |
| 2,4,5-TP (Silvex) | | 0.01 0.05 | eff: 6/24/77 1/91 | 0.01 0.05 | 77 9/8/94 |
| Contaminant | | U.S. EPA | | California | |
|---|---|---|---|---|---|
| | | MCL (mg/L) | Datea | MCL (mg/L) | Effective Date |
| | Disinfection Byproducts | | | | |
| Total Trihalomethanes | | 0.100 0.080 | 11/29/79 eff: 11/29/83 eff: 1/1/02 g | 0.100 0.080 | 3/14/83 6/17/06 |
| Haloacetic acids (five) | | 0.060 | eff: 1/1/02 g | 0.060 | 6/17/06 |
| Bromate | | 0.010 | eff: 1/1/02 g | 0.010 | 6/17/06 |
| Chlorite | | 1.0 | eff: 1/1/02 g | 1.0 | 6/17/06 |
| | Treatment Technique | | | | |
| Acrylamide | | TTh | 1/91 | TTh | 9/8/94 |
a. "eff." indicates the date the MCL took effect; any other date provided indicates when US EPA established (i.e., published) the MCL.
b. Secondary MCL.
c. MFL = million fibers per liter, with fiber length > 10 microns.
d. Regulatory Action Level; if system exceeds, it must take certain actions such as additional monitoring, corrosion control studies and treatment, and for lead, a public education program; replaces MCL.
e. The MCL for lead was rescinded with the adoption of the regulatory action level described in footnote d.
f. Gross beta MCL is 4 millirem/year annual dose equivalent to the total body or any internal organ; Sr-90 MCL = 4 millirem/year to bone marrow; tritium MCL = 4 millirem/year to total body
g. Effective for surface water systems serving more than 10,000 people; effective for all others 1/1/04.
h. TT = treatment technique, because an MCL is not feasible.
|
<urn:uuid:f13227ad-cb0b-4b39-922f-dc81149ac591>
|
CC-MAIN-2017-13
|
http://www.cdph.ca.gov/certlic/drinkingwater/Documents/DWdocuments/MCLsEPAvsDWP-2014-07-01.pdf
|
2017-03-27T10:34:00Z
|
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SASTech 2011, Khavaran Higher-education Institute, Mashhad, Iran. May 12-14. 1
Evaluation of 3D Surface Matching algorithm in Automatic Registration of Terrestrial Laser Scanner Point Clouds
M. Ranjbar, M. Fallah Yakhdani , M. Saadatseresht
Centre of Excellence for Natural Disaster Management, Department of Geomatics Engineering, College of Engineering, University of Tehran, Iran mrranjbar@ alumni.ut.ac.ir, [email protected], [email protected]
Abstract
Laser scanners directly measure 3D coordinates of huge amounts of points in a short time period, so that it has a well-known solution in 3D object modeling. The abundant data of laser scanner can be efficiently utilized to model the scene, however in many cases; the object has to be scanned from different viewpoints due to accuracy, occlusion, field of view and range limitations. Because each scan has its own local coordinate system, all the different point clouds must be transformed into a common coordinate system. This procedure is usually referred to 'registration'.
There are many methods for registration problem including Target based, Image based and Surface based registration methods. Surface based registration techniques give the highest registration accuracy and automation. This dissertation addresses refinement issue of surface based registration by use of an accurate and fast ICP algorithm. In the ICP algorithm, every point in one surface should be matched to a point on the other surface so that the matched surfaces have minimum deflection error.
In our research, we compared both distant and normal vector thersholding and proposed a combined method in 3D surface matching. Analysis and experimental results demonstrated the proposed combined method gives better registration accuracy than the other standard approaches. Also in the research, different factors in accuracy and efficiency of registration algorithm are tested such as mathematical criterion function, using respectively singular value decomposition (SVD) or eigen system computation based on the standard [R;T] representation, and the eigen system analysis of matrices derived from quaternion forms of the transform, simple/complex surface geometry, initial values, surface overlapping, and data conditions (ideal or noisy).
The examinations demonstrate that accuracy of registration is not significantly different for the both mathematical computation methods of SVD and Quaternion. It also shows that efficiency of registeration diminish for tough breaking surfaces and by low approximation of initial values. Registration has higher accuracy for more overlapping surfaces and lower level of noise in data. Therefore determination of initial overlap area especially for noisy data is so important.
KEY WORDS: Registration, Thersholding, Normal vector, Point Cloud, Laser Scanning, SVD, Quaternion
1. Introduction
Today, one of the most important goals in photogrammetry and computer vision is preparation the 3D data from the surface of objects and 3D object modeling, that its various applications including the reverse engineering [1,2], quality control of industrial plants [3], robot guidance, preparing CAD models of objects, cultural heritage and historic buildings, reconstruction of human face for animation applications [4], has been caused extensive research in this field.
In this regard, techniques and different methods for extracting and preparation the 3D data from the surface of objects are presented [5,6,7,8]. Laser scanners directly measure 3D coordinates of huge amounts of points in a short time period, so that it has a well-known solution in 3D object modeling [9,10].
in many cases, the object has to be scanned from different viewpoints due to accuracy, occlusion, field of view and range limitations. Because each scan has its own local coordinate system, all the different point clouds must be transformed into a common coordinate system. This procedure is usually referred to registration [10].
For this purpose, nowadays most terrestrial laser scanners in the process of a ground operation after installing some target and measure their exact coordinates at each station using a sign on the target and scan it with high-resolution, obtained point clouds from different stations are joint together.
This method aside from being time consuming and requires a ground operation, causes manipulate the object and the surrounding environment for installing the target. also the accuracy of this method depends on the user control, the number, distribution, stability, orientation and targets distance of each station[11].
In contrast, methods based on surface matching are discussed that without the use of target and almost automatic register the surfaces. Although in these methods directly are used massive and with errors point clouds, however, based on recent research tests, these methods have achieved of higher speed, accuracy and reliability than target based registration methods [9].
The goal of this research is surface based registration by use of an accurate and fast Iterative Closest Point (ICP) algorithm [12]. Since one of the most important steps of registration is find the pair of corresponding points, must be ensured the accuracy of the selected pair of corresponding points.
So pair of points must be removed after ensuring that they do not reliability. In this study we compared both distance and normal angles thersholding in constant and variable mode, we examine the features of each of the methods and according to good standards of each of these methods to exclude wrong pair of corresponding points, proposed a combined method that is having both the features of methods.
On this basis, the registration algorithm implement according to the above defined thersholding method and the shape of surfaces was investigated as a factor in efficiency and accuracy of the registration.
2. Research Methodology
Overall work process steps are as follows:
- Data modeling by triangulation and determine common areas. To find common areas we use a nearest neighbor algorithm with a almost small threshold. We in this here in regard to resolution of the point cloud and approximate amount of cover between point clouds we experimentally determined the threshold.
- Determine convex surface surrounding points for primary registration and calculation initial rotation and transfer parameters and acts it on the point cloud that we want register it.
- Matching between points from the nearest neighbor algorithm kd_tree
- Reject the wrong pair of corresponding points
- Using quaternion algorithms to calculate the transformation parameters
- Calculation error of registration e that is defined as RMS distance between corresponding points
- Define an error metric for algorithm stop
- Repeat the steps with a new set of obtained points and optimizing the parameters Here we have used six methods of thresholding on the corresponding points including:
- Using a constant thresholding on the distance between corresponding points
- Obtain the normal angle of each point and using a constant thresholding on the surface normals
- Combined use of both constant thresholding on the distance and surface normals
- Get variable of corresponding points distance based on the amount of standard deviation: by use of the test known as Three sigma ( 3 ), the distance between corresponding points that do not apply in relation 3 d d identified in set of corresponding points and was removed as the corresponding error from set of corresponding points and the remaining corresponding were used to calculate the transformation parameters that the amount is optimal in each iteration.
- Thresholding on the surface normals as variable: in this case was used as a variable distance from the three sigma test ( 3 ) and if the angle between the surface normals does not apply in range of 3 3 d is known as the corresponding error.
- combination use of both methods of variable thresholding on the distance and surface normals: points are selected as corresponding points that apply to both distance and angle between the normals conditions.
By using the obtained corresponding and with the computational quaternion algorithm are obtained the registration parameters.
3. Determine the registration mathematical model
In simple terms, registration is R roatation and T transfer from one surface X to another surface Y, which causes two surfaces to be connected with an optimum connection. Usually transformation equation is defined as follows:
X and Y are given and the purpose of registration is determine the T and R So that connect two surfaces whit high precision. Surfaces contain N corresponding points and only some of them be used to process of registration. Outliers due to inaccurate measurements and hidden areas may be Strongly Cause of the loss of quality registration that should be removed they.
Corresponding X and Y points can be described in subsets
1 2
1 2
, ,...,
, , ,...,
n
n
x x
xyy y.
Using this corresponding points equation (1) can be written as follows:
If the data are complete, then T and R can be calculated from equation (2). Practically never will not find the same rotation and transmission for any point and this is the result of factors such as irregular sampling and noise. Therefore it is necessary to consider an error for every point [12].
And to minimize sum square errors we use equation (4) for determine T and R.
Registration algorithm, is the process that are used for determine R and T. For this purpose, some pre-processing is required. It is necessary that set of corresponding points N x x x ,..., 2 ,1 and N y y y ,..., 2 ,1 shifted to center of gravity the data.
In the first are calculated center of Corresponding X,Y points as N i ix N x 1 1 and
N i iy N y 1 1 . Original data sets are shifted to the center of gravity as y iy iy and x ix ix . Then the registration matrix is calculated by use of this transferred data set. Note that the T transformation is a function of R which is calculated with x R y T .
Equation (4) can be written as follows:
This equation is a minimum when the last term is the maximum and this is equivalent to maximum ˆ ( , ) Trace R H which the correlation matrix H is defined as follows:
Several methods is proposed to minimise equation (4). That can be noted quaternion rotations [13], Eigenvalue decomposition [1], orthogonal matrices [14] and dual quaternion [13]. quaternion and svd methods has been considered in most research. The reason for this is that these methods do not need repeat consequently will cost less computational.
4. Performed tests
In this section, with examination of tests and results evaluate the quality and quantity of algorithm. Algorithms are implemented in mathlab software environment.
We have the stop condition of implemented algorithm coordinate change in each step than the previous step, Maximum number of repeats and relative error of registration process. If we assume the d is corresponding point to the first set and m is corresponding point to the second set error is calculated by the following equation:
also relative changes of error is calculated as follows:
And coordinate changes of the destination set { } is obtained as the following equation:
If any of the above conditions applies the algorithm stops and otherwise we use maximum number of repeate condition. Finally, the final parameters are defined.
5. review of thresholding method
In this test by use of the SVD algorithm the obtained corresponding points were examined by a constant thresholding on the distance between corresponding points, constant thresholding on the surface normals, the combined use of both constant thresholding on the distance and surface normals, get variable corresponding points distance based on amount of standard deviation, variable thresholding on the surface normals and the combined use of both variable thresholding on the distance and surface normals and algorithm is implemented with each of the thresholding methods.
We performed test for simulation data of aircraft fuselage with 37,500 points. For this purpose first We took point cloud of fuselage as reference point cloud.
Then rotation and transfer this point cloud to desired amount and we selected as secondary surface that should be register to the first point cloud. Test was done in low rotation and transfer ( 1 ,1 z y x t t t ) and relatively high rotation and transfer ( 10 , 10 z y x t t t ) that Can be seen in Fig. (1).
we noticed with view the table (1) when surfaces have little difference together ( 1 ,1 z y x t t t ) can not be seen dramatic differences between the thresholding methods. Considering that combined method with more sensitive select the corresponding points and must be both conditions of normal distance and angle, Our confidence level to being the corresponding in combination mode is over other methods.
Results of relatively high rotation and transfer ( 10 , 10 z y x t t t ) can be seen in Table (2).
| Thresholding method | Repeat | Error (m) | Relative error | Coordinate changes | number of Corresponding points in the final repeat |
|---|---|---|---|---|---|
| constant distance | 7 | 7.7e-15 | 0.66 | 1.23e-12 | 100.00% |
| constant Angle | 7 | 6.51e-15 | 0.7 | 1.33e-12 | 78.60% |
| constant combination | 7 | 1.16e-14 | 0.68 | 1.99e-12 | 78.60% |
| Variable distance | 7 | 1.34e-14 | 0.2 | 1.32e-12 | 98.40% |
| Variable angle | 7 | 1.15e-14 | 0.49 | 1.4e-12 | 100.00% |
| Variable | 7 | 1.34e-14 | 0.2 | 1.32e-12 | 98.40% |
combination coordinate change
condition
Table 1. Results of thresholding methods in low rotation and transfer mode
| Thresholding method | Repeat | Error (m) | Relative error | Coordinate changes | number of Corresponding points in the final repeat |
|---|---|---|---|---|---|
| constant distance | 124 | 0.201995 | -9.6e-16 | 8e-13 | 42.20% |
| constant Angle | 12 | 2.09e-14 | 0.38 | 1.59e-12 | 78.60% |
| constant combination | 100 | 0.196917 | 0 | 9.28e-13 | 40.30% |
| Variable distance | 12 | 1.52e-14 | 0.76 | 3.98e-12 | 98.90% |
| Variable angle | 12 | 8.57e-15 | 0.59 | 1.08e-12 | 100.00% |
| Variable combination | 12 | 2.07e-14 | 0.62 | 3.07e-12 | 98.60% |
Table 2. Results of thresholding methods in high rotation and transfer mode
As we see in Table (2) When two surfaces have a large difference, constant distance thresholding method have not been successful in identifying corresponding and accuracy of registration is greatly reduced and causes in the constant combined mode also the performance of algorithm is reduced and Require higher computing time. But in variable mode in all three angle, distance and combined modes algorithm works well. What we notice here is that constant threshold value determining is an important factor for algorithm performance.
6. review of computational algorithm
As we have seen, algorithm performance in surfaces with low difference is high and in high differences do not reach the desired accuracy (desired accuracy in our experiments is m). So here for review and evaluation of both SVD and quaternion methods is used only two surfaces with low rotation and transfer difference with the variable combined thresholding method.
| Repeat | Error (m) | Relative error | Coordinate changes |
|---|---|---|---|
| 1 | 0.150406 | 0.27 | 9.0735 |
| 2 | 0.0676981 | 0.55 | 4.511 |
| 3 | 0.0264646 | 0.61 | 2.07962 |
| 4 | 0.00551304 | 0.79 | 0.73171 |
| 5 | 2.55e-05 | 1 | 0.112556 |
Table 3. Results of variable distance and angle combined thresholding in low rotation and transfer mode with quaternion method
| 6 | 2.08E-14 | 1 | 4.15E-05 |
|---|---|---|---|
| 7 | 4.58E-15 | 7.80E-01 | 1.28E-12 |
| Algorithm stop condition | | | |
| used time to execute the algorithm | | | |
We have observed Results of the SVD method in variable combined thresholding mod in Table (1). Results of the quaternion method in variable combined thresholding mode can be seen in Table (3). We notice with comparison table (1) and (3) that there is not much difference in the use of SVD and quaternion method.
7. Review of algorithm in noisy surfaces
In this test algorithm was evaluated using SVD function and i variable combined thresholding method on the noisy surfaces that had a degree of difference. Algorithms carried out in three levels of normal noise ( ) that can be seen in Figs. (2) ~ (4).
As is clear in Figs. (2) ~ (4) algorithm do not performance for noise surfaces and not convergence to the answer. Any amount of noise is more highly accurate time of registration is reduced. Therefore it is necessary before register the surfaces remove the surfaces noise through filtering.
8. Review of surfaces shape
surfaces shape plays an important role in the precision of registration. For this purpose was used three types of data with different properties that can be seen in Fig. (5).
Fig 5: Display various surfaces to check the convergence of the algorithm. left Image: flat surface with severe fractures. Middle image: the relatively smooth surface. right Image: rough surface
We test on this three surfaces in the case differed three degrees together. Algorithm execute with quaternion and variable combined thresholding method. Results of each of the surfaces can be seen in Figs. (6) ~ (8).
As is known in Fig. (6) algorithm have not been successful for surfaces with severe fractures and is not converging to the desired response ( ). As can be seen in the figures We have trouble in fractures and edges.
As is clear in Fig. (7) algorithm have not been successful for smooth surfaces and is not converging to the desired response. This could be due to the algorithms in smooth surfaces due to proximity of normal angles to one another and finally is choosing the wrong pair of corresponding points. also in smoothing areas usually is selected a few points as the corresponding point which causes low accuracy of registration.
we notice with seeing Fig. (8) the algorithm well acted on the surfaces with Suitable topography and is converging to answer with a suitable number of repeats.
9. Quality assessment of algorithm
To quality assessment of the registration algorithm was used the real point cloud, output of program in the Matlab software. Results from the registration of point clouds can be a seen in Figs. (9) ~ (11). All registered point clouds demonstrate the good quality and accuracy of the proposed algorithm.
Fig 11: registeration of Achaemenid inscription. right Image: two surfaces before registeration. middle image: View the inscription in Geomagic Studio software after get the parameters. left Image: 3D model of the inscription after registeration
10. Conclusion
Since one of the most important steps of registeration is finding the pair of corresponding points, must be ensure of the correctness of the selected pair of corresponding points.
therefore pair of points that do not ensure to they must be removed. In this paper by comparison of variable distance thresholding and normal angle thresholding methods We found that each of these two methodes is a particular feature and each alone has a good criterion for rejecting the wrong pair of corresponding points.
Also tests in combined thresholding mode and was observed that the accuracy and speed of registeration increased to an acceptable level. Thus by using the combined thresholding method, can be achieved to accurate, efficient and reliable registeration system in different conditions.
with review the performance of algorithm with regard to surfaces shape we found that the algorithm acts unsuccessful for surfaces with severe fractures, especially at the edges. also algorithm for smooth surfaces is not converging to answer and is reached to a local minimum point. Algorithm is well acted For severe roughness surfaces. But for the complex and uneven surfaces that have wrong points, the ability to identify these points is a little reduced.
10- References
1. Xiang Peng, Changqing Liu, Zonghua Zhang, and Peihua Gu, 2001. Reverse engineering with 3-D imaging and modeling. National Laboratory of Measurement
Technology and Instrumentation, Tianjin University and Department of Mechanical and Manufacturing Engineering, University of Calgary.
2. Xiang Penga, Zonghua Zhanga, and Hans J. Tizianib, 2002. 3-D imaging and modeling – Part I: acquisition and registration. National Laboratory of Precision Measurement Technology and Instrumentation Tianjin University, 300072 Tianjin, China And Institute of Applied Optics, University of Stuttgart, Pfaffenwaldring 9, 70569 Stuttgart, Germany.
3. Boverie S., Devy M., Lerasle F., 2003. Comparison of Structured Light and Stereovision Sensors for New Airbag Generations. Control Engineering Practice 11, 1413– 1421.
4. Nahmias, Steed A., Buxton B., 2005. Evaluation of Modern Dynamic Programming Algorithms for Real-time Active Stereo Systems. Department of Computer Science, University College London.
5. Bradshaw G., 1999. Non-Contact Surface Geometry. Trinity College, Dublin, Irland.
6. Dipanda A., Woo S., Marzani F., , 2003. 3-D Shape Reconstruction in an Active Stereo Vision System Using Genetic Algorithms Measurement Techniques. the journal of the pattern recognition 36, 2143-2159.
7. Remondino F., El-Hakim, 2006. Image Based 3D Modeling: a Review. The Photogrammetric Record 21(115): 269–291.
8. Remondino , Guarnieri A., Vettore A., 2005. 3D Modeling of Close Range Objects: Photogrammetry or Laser Scanning. Institute of Geodesy and Photogrammetry ETH Hönggerberg - Zurich, Switzerland.
9. Gruen, A., Akca, D., 2004. Least squares 3D surface matching. ISPRS "Panoramic Photogrammetry Workshop", Dresden, Germany, February 19-22. International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences, vol. XXXIV, part 5/W16
10. Akca, D., 2007. Matching of 3D surfaces and their intensities. ISPRS Journal of Photogrammetry and Remote Sensing, 62 (2), 112-121.
11. Sternberg, H., Kersten, Th., Jahn, I., and Kinzel, R., 2004. Terrestrial 3D laser scanning – data acquisition and object modeling for industrial as-built documentation and ar-chitectural applications. International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences 35 (B7), 942-947. 12. Chen, Y., and Medioni, G., 1992. Object modelling by registration of multiple range images. Image and Vision Computing 10 (3), 145-155.
13. A.Johnson and S.Kang, 1997. Registration and integration of textured 3-D data. In IEEE Proc. Int. Conf. on Recent Advances in 3-D Digital Imaging and Modeling, pages 234-241.
14. G.Godin and P.Boulanger, 1995. Range image registration through viewpoint invariant computation of curvature. In ISPRS Intercommission Workshop: From Pixel to Sequences, Page 170-175, Zurich, Switzerland.
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Adventist Review
September 20, 2012; Vol. 189, No.26
MORE THAN A NAME
by Benjamin D. Schoun
Recently the case of Walter McGill received some exposure in the public press. 1 McGill believes he has a right to use the name Seventh-day Adventist, even though he and his group are not part of the organization. He further believes that the church is wrong to protect its name from being used by others who do not belong to it, and who hold views different from those of the official church.
COMMENT: I object to the accusation that "McGill believes he has a right to use the name Seventh-day Adventist." God mandated my use of the name "Creation Seventh Day Adventist" which is "another name" (see Isa. 65:15). The Court has confirmed that our name has not been an impersonation of the Seventh-day Adventist Church. We have never "traded on the reputation" of the larger SDA denomination.
That's why the name and logo of the Seventh-day Adventist Church are protected by trademark registration. This action asks people who are not part of this organization not to use the name or logo of the church. Why do we have to protect the name of the church?
COMMENT: Does our logo appear to identify with the Seventh-day Adventist Church? Never!
What It Means
The business world pays a great deal of attention to the name of a company and its brand. Wrapped up in that name is the identity and reputation of the organization. By the name or brand the public instantly recognizes the quality of a product and how much trust it can place in that business. The word Apple, for example, tells the story of a computer company in one word. It will not tolerate other computer companies using the name Apple for some other product of unknown quality or reputation. 2
COMMENT: The author references the ideals of the "business world," couching the "Father's business" in commercial trademark terms. This manner of administration is abominable to the Heavenly Court, marrying the church with the world.
All the more important is the identity and reputation that the church conveys to those who live in our communities, both local and worldwide. When people hear the name Seventh-day Adventist, we want them to have a positive image of the organization represented by that name. We want people to think of our worldwide healing ministry in our hospitals and clinics. We want people to recognize Adventists as Bible students who are faithful to the Scriptures. And, of course, we want people to associate our name with the fact that we keep the seventh day of the week as God's holy day, or Sabbath; and that we believe in the Second Advent, the soon return of Jesus.
Perhaps more than anything, when people hear the name Seventh-day Adventist we hope they think of good neighbors—kind, helpful, loving people who are an asset to their communities.
COMMENT: I must assume from what the author is advocating in the above paragraphs the name "Seventh-day Adventist" should not reflect the reputation of a church that employs the state to deal with perceived non-Adventist heretics or fanatics. It is certainly antithetical for the SDA Church to sue other commandment-keeping Adventists in the worldly court system, and then, to coerce them with legal sanctions, including fines and incarcerations.
It is noted that the author mentioned nothing about cultivating a reputation of religious liberty advocacy. Of course, when the denomination calls for restriction of the liberty of religious practice for others and argues for the narrow application of the Religious Freedom Restoration Act (RFRA), there can be no honest religious liberty reputation sustained.
Ellen White wrote of our church's name, "The name Seventh-day Adventist carries the true features of our faith in front, and will convict the inquiring mind." 3
COMMENT: Ellen White wrote of the name of a faith, not a trademark that is to be protected by civil magistrates.
1) "The Seventh-day Adventist faith will bless whenever it is brought into the characterbuilding." {BCL 52.6}
2) "Do not on all occasions present the strongest proofs you know; for this would arouse a suspicion that you were trying merely to convert your hearer to the Seventh-day Adventist faith." {Ev 540.1}
3) "They understood, accepted, and communicated the redemption that they had fully and freely received, and distinctly experienced through Jesus Christ.--Ms 27, 1894, pp. 2-4. (To "Dear Brethren in the Seventh-day Adventist Faith," June 7, 1894.) Released Jan. 30, 1958. {2MR 7.3}
4) "I stand firm in the Adventist faith; for I have been warned in regard to the seducing sophistries that will seek for entrance among us as a people." {RH, January 26, 1905 par. 19}
While Mrs. White writes of the "Seventh-day Adventist church" and "Seventh-day Adventist churches," she is not implying anything close to the modern "corporate image worship" advocated by the present SDA denomination. The name of the religion predates the legal formation of the church as discovered by the Honorable Judge Mariana Pfaelzer.
"The Court finds, therefore, that Seventh-day Adventism, the religion, pre-existed the Seventh-day Adventist Church."—General Conference Corporation of Seventh-day Adventists v. Seventh-day Adventist Kinship, International, Inc., CV 87-8113 PRP, Judge Mariana Pfaelzer's
ruling (decision), October 3, 1991, filed October 7, 1991, U.S. District Court, Central District of California, p. 13.
Obviously, "Seventh-day Adventist" is the name of a person adhering to "Seventh-day Adventism, the religion." "Creation Seventh Day Adventism" is a religion spawned from Seventh-day Adventism, and its adherents are called "Creation Seventh Day Adventists." There is nothing confusing about this.
"God is to be recognized and honored by the people calling themselves Seventh-day Adventists." 4
COMMENT: If this truth from the Spirit of Prophecy were "recognized and honored" by the General Conference administration, they would not restrict the name's usage. Instead of denying other commandment-keeping Adventists, they would seek to make that name a "household name"—"recognized and honored" among society at large.
"[We] must guard . . . against that which would bring a stain upon the name of Seventh-day Adventists, and destroy the confidence of the people in the message of truth which they must bear to the world." 5
COMMENT: What was the method Ellen White endorsed as to guarding "against that which would bring a stain upon the name of Seventh-day Adventists?" Was it the employment of the "strong arm of civil government?" Nay, may it never be! Read the testimony in its context.
I was shown that we must give no encouragement to these demonstrations [of fanaticism], but must guard the people with a decided testimony against that which would bring a stain upon the name of Seventh-day Adventists, and destroy the confidence of the people in the message of truth which they must bear to the world. {3SM 378.3}
The people, not the name, were to be guarded "with a decided testimony." This method has no relation to the initiation of civil lawsuits and trademark protection as applied by the present SDA denomination's administrators. What a misapplication of inspired counsel!
Why It's Important
A few years ago a group wanted to use the name Seventh-day Adventist, although they were not members. The group's practice was to put up negative, accusatory billboards against members of another denomination. The billboards conveyed an explicit message that the billboards' sponsors were hateful extremists. Would you want the public to assume that this was the position of the Seventh-day Adventist Church?
COMMENT: This was the case of the Eternal Gospel Church, founded by Seventh-day Adventist believers. The Roman Catholic Church was not inclined to bring a lawsuit against those believers, but the General Conference administrators did. The lawsuit won by the General Conference did not stop the proliferation of unpalatable billboards. It was obvious that "Seventh-day Adventist believers" were the source of those public messages. The name of Seventh-day Adventists was neither guarded nor protected by the initiation and litigation of the civil suit against Pastor Raphael Perez and his congregation. Hundreds of thousands of dollars of sacred tithe were spent on the litigation for nothing. The guilty will not escape God's righteous judgment.
In 1993, when David Koresh and his group in Waco, Texas, made headlines, the news media at first connected him with the Seventh-day Adventist Church. After all, Koresh had once been a member of the church, and a number of his followers had once been Adventists. But the church quickly disassociated itself from Koresh, his strange teachings about last-day events, and his twisted immoral practices. Had we not protested, the public could easily have concluded that this was what the Adventist Church was all about.
COMMENT: The SDA denomination spent a quarter of a million dollars with media consultants in disassociating itself from the Branch Davidian Seventh Day Adventists led by David Koresh. This was also a misappropriation of sacred tithe. Rather than initiate a civil lawsuit in this case, the denomination's administration called in the FBI and other authorities to exterminate the false religion. One vocal Roman Catholic priest declared to the media this fiasco was "the persecution of a church."
In my occasional conversations with Muslims, they try to assure me that they are not all terrorists. And of course I believe them; most Muslims are not terrorists. But I also ask why they do not do more to disassociate themselves from terrorists and protest their philosophies and violent practices. I think that would help Muslims to be better understood.
COMMENT: Is it possible the Muslims are more "Christian" in behavior than the modern SDA denomination's administration. Religion's many controversial issues cannot be remedied via "the strong arm of civil government." Pioneer Adventists understood that persuasion is the method of Christ and that compulsion is the work of Satan. Ellen White wrote, "Force is the last resort of every false religion." {ST, May 6, 1897 par. 16}
Ellen White observed this problem in her day. She wrote about religious fanatics, "I was shown that almost every fanatic who has arisen, who wishes to hide his sentiments that he may lead away others, claims to belong to the church of God." 6
COMMENT: This statement from Spirit of Prophecy is misapplied by Mr. Schoun. Ellen White, in the quoted passage, is arguing for acceptance of the name "Seventh-day Adventist" above the use of the term "church of God" that does not present the "true features of our faith in front." When this whole section is taken in its context, Ellen White's argument favors the current stand of Creation Seventh Day Adventists regarding the taking of a name.
"These persons had no love for union and harmony of action. They delighted in disorder. Confusion, distraction, and diversity of opinion were their choice. They were ungovernable, unsubdued, unregenerated, and unconsecrated, and this element of confusion suited their undisciplined minds. They were a curse to the cause of God and brought the name of Seventh-day Adventists into disrepute." 7
COMMENT: Was Ellen White suggesting that those who "were a curse to the cause of God and [who] brought the name of Seventh-day Adventists into disrepute" should be sued in the worldly courts and sanctioned with fines and jail time? Nay, it could never be!
Is Mr. Schoun suggesting that Creation 7 th Day Adventists are of this class? Where is his evidence? In Guys, Tennessee the CSDA Church is positively esteemed by the community. In East Africa, where our free humanitarian services have flourished, Creation Seventh Day Adventists are appreciated among the community, including mainline SDA church members. Government officials highly regard our presence and services. In the legal record of six years' litigation,
there is no indication of wrongdoing by Creation Seventh Day Adventists—other than possessing a name that is "potentially confusingly similar" to the Plaintiffs' trademark and refusing to cease using their divinely mandated name.
Why We're Careful
Why would a group of people who are not members of the Seventh-day Adventist Church try to use the name? Perhaps they seek to gain some credibility; or maybe they feel that because they share certain beliefs they should be able to use the name. But they're not Seventh-day Adventists! They believe and/or practice things that Seventh-day Adventists do not agree with or support. If they believed and practiced all that Seventh-day Adventists believe and practice, they could become members and have the privilege of using that name. But having more than one organization use the same name only creates confusion. Our identity and good reputation are at risk when we don't protect our name.
COMMENT: When reading words such as "perhaps" and "maybe" in the author's damage control efforts, I am led to question his motives. He seeks to cast Creation 7 th Day Adventists in the worst possible light without citing examples or evidence. This manner is neither fair nor Christian.
In fact, we have not claimed to be "Seventh-day Adventists" as the term would apply to Seventh-day Adventist Church members. The Court has sustained this fact, and it is chronicled in the legal record. As to "confusion," the Plaintiffs were unable to produce a single example of confusion between the two denominations in the course of about 20 years.
Actually, having more than one organization with similar names makes sense to any whom love and support "liberty of conscience." Those who hold Ellen White and the pioneers in high regard need a place of worship free from the doctrinal errors being perpetrated in the modern SDA organization. While Creation Seventh Day Adventists would not have separated themselves from the mainline denomination over the Trinity error, it has been admitted by leaders in the denomination that most SDA founding pioneers would not be qualified to join the present-day Seventh-day Adventist Church. The following from Dr. George Knight serves to illustrate my point:
Most of the founders of Seventh-day Adventism would not be able to join the church today if they had to subscribe to the denomination's Fundamental Beliefs.
More specifically, most would not be able to agree to belief number 2, which deals with the doctrine of the Trinity. For Joseph Bates the Trinity was an unscriptural doctrine, for James White it was that 'old Trinitarian absurdity,' and for M.E. Cornell it was a fruit of the great apostasy, along with such false doctrines as Sunday keeping and the immortality of the soul.
In like manner, most of the founders of Seventh-day Adventism would have trouble with fundamental belief number 4, which holds that Jesus is both eternal and truly God. For J.N. Andrews 'the Son of God … had God for His Father, and did, at some point in the eternity of the past, have beginning of days.' And E.J. Waggoner, of Minneapolis 1888 fame, penned in 1890 that 'there was a time when Christ proceeded forth and came from God...but that time was so far back in the days of eternity that to finite comprehension it is practically without beginning.'
Neither could most of the leading Adventists have agreed with fundamental belief number 5, which implies the personhood of the Holy Spirit. Uriah Smith, for example, not only was antiTrinitarian and semi-Arian, like so many of his colleagues, but also like them pictured the Holy Spirit as 'that divine mysterious emanation through which They [the Father and the Son] carry forward their great and infinite work.' On another occasion, Smith pictured the Holy Spirit as a 'divine influence' and not a 'person like the Father and the Son.' (George Knight, Ministry; Oct, 1993, p. 10)
It makes perfect sense to have a Seventh-day Adventist Church of Trinitarians and a Creation Seventh Day Adventist Church of mainly non-Trinitarians. What can be confusing about that?
Indeed, in our society our church may even become legally liable for the actions of a group that holds the same name. While we might finally be exonerated, it would likely require some lengthy and involved legal processes to make the distinction.
COMMENT: If strict honesty and integrity were maintained by the author, this paragraph would be unnecessary. As the legal record reveals, our conflict between the Seventh-day Adventist Church Plaintiffs and the Creation Seventh Day Adventist Church is not one that could possibly evolve into a case of "legal liability." There has been no instance of impersonation or use of the "same name" by Creation 7 th Day Adventists.
Furthermore, if we didn't trade-mark our name and logo, someone else might do so; meaning that we could no longer use our own name because others had obtained exclusive rights to it.
COMMENT: This point may become a legitimate reason for registering the legal name of a corporation acting as a holding company for real property in our present society. However, registration alone affords adequate rights in the corporate name without the necessity of employing "the strong arm of civil power" to protect said name in strictly religious applications. In reality, it is God's prerogative to protect His name in religious matters. The term "Christian" has been variously muddied and misrepresented throughout history, but God did not intervene except by raising up those individuals who would rightly represent the cause and bring glory to His name.
Our name means something. It is an important part of our witness to the world. We protect our name because we value it. It is an important asset of our church.
COMMENT: The name "Seventh-day Adventist" will never be a "Christian witness to the world" while the denomination employs "the strong arm of civil government" to protect a "corporate image" and "commercial brand" via secular trademark laws. The true church's only real "asset" is the character of Christ, which is borne out in lives of love and implicit obedience to the will of God. "It is not the true church of God that makes war with those who keep the commandments of God and have the testimony of Jesus Christ. It is the people who make void the law, who place themselves on the side of the dragon, and persecute those who vindicate God's precepts." {ST, April 22, 1889 par. 7}
___________
1 http://redlands.patch.com/articles/detention-hearing-in-riverside-for-tennessee-pastor-arrested-in-loma-linda.
See also www.pastorwalterchickmcgilllawsuit.net/i
ndex3.html.
2 http://indiatrademarks.blogspot.com/2011/11/why-trademark-your-business-name.html.
3 Ellen G. White, Testimonies for the Church (Mountain View, Calif.: Pacific Press Pub. Assn., 1948), vol. 1, p. 224.
4 Ibid., vol. 8, p. 155.
5 Ellen G. White, Selected Messages (Washington, D.C.: Review and Herald Pub. Assn., 1958, 1980), book 3, p. 378.
6 Testimonies for the Church, vol. 1, p. 224.
7 Ibid., vol. 2, pp. 553, 554.
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Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, DC 20226
September 5, 1999
Transfers of National Firearms Act Firearms in Decedents' Estates
The National Firearms Act (NFA) Branch continually responds to questions regarding NFA firearms in decedent's estates. We often find that Federal firearms licensees are involved in assisting the executors in disposing of these firearms. We believe some general information and discussion of procedures will help licensees in these situations.
As you may be aware, the registration information we maintain is tax information and any disclosure of this information is generally prohibited. We may lawfully provide registration information to the executor of an estate. If there is any question regarding the registration status of the firearms in the estate for which you are assisting the executor, advise the executor to contact the NFA Branch directly and provide proof of his or her appointment as executor.
If there are unregistered NFA firearms in the estate, these firearms are contraband and cannot be registered by the estate. The executor of the estate should contact the local ATF office to arrange for the abandonment of the unregistered firearms.
For registered NFA firearms in the estate, the executor should take action as soon as possible to arrange for the proper registration of the firearms. Possession of an NFA firearm not registered to the possessor is a violation of Federal law and the firearm is subject to seizure and forfeiture. However, we do allow the executor a reasonable time to arrange for the transfer of the registered firearms in a decedent's estate. This generally should be done before probate is closed.
It is the responsibility of the executor of the estate to maintain custody and control of the firearms and to transfer the firearms registered to the decedent. The firearms may not be transferred to another party, such as a firearms licensee, for consignment or safekeeping. This would be a transfer subject to the requirements of the NFA. The licensee may assist the executor by identifying purchasers and acting as a broker.
The firearms may be transferred on a tax-exempt basis to a lawful heir. The executor would apply on ATF Form 5, Application for Tax Exempt Transfer and Registration of a Firearm, for a tax-exempt transfer to a lawful heir. A lawful heir is anyone named in the decedent's will or, in the absence of a will, anyone entitled to inherit under the laws of the State in which the decedent last resided. NFA firearms may be transferred directly interstate to a beneficiary of the estate. When a firearm is being transferred to an individual heir, his or her fingerprints on FBI Forms
FD-258 must accompany the transfer application. However, if any Federal, State or local law prohibits the heir from receiving or possessing the firearm, ATF will not approve the application.
ATF Form 4 is used to apply for the taxpaid transfer of a serviceable NFA firearm to a person outside the estate (not a beneficiary). ATF Form 5 is also used to apply for the tax-exempt transfer of an unserviceable NFA firearm to a person outside the estate. As noted above, all requirements, such as fingerprint cards for transfers to individuals and compliance with State or local law, must be met before an application may be approved. If an NFA firearm in the estate was imported for use as a "sales sample," this restriction on the firearm's possession remains. The NFA firearm may only be transferred to a Federal firearms licensee who has paid the special (occupational) tax to deal in NFA firearms or to a government agency.
For further information, contact:
Bureau of Alcohol, Tobacco, Firearms & Explosives National Firearms Act Branch 244 Needy Road Martinsburg, West Virginia 25405
Voice: (304) 616-4500
Fax: (304) 616-4501
Revised: February 23, 2006
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION
ROBERT WILLIS and JOAN WILLIS
Plaintiffs, v.
HOMESITE INSURANCE COMPANY OF THE MIDWEST and GMAC MORTGAGE LLC,
Defendants.
MEMORANDUM
The court has separately denied the Motion for New Trial or Altering or Amending the Judgment filed by plaintiffs on September 3, 2013. The court further notes that it has not addressed whether the plaintiffs had an insurable interest after they "surrendered" their interest in the bankruptcy petition.
DONE and ORDERED this the 4 day of September, 2013. th
ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE
CV 4:10-1933-RBP
Dockets.Justia.com
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The New York City Council
City Hall New York, NY 10007
Meeting Minutes
Thursday, March 27, 2014
1:00 PM
Committee Room - City Hall
Committee on Parks and Recreation
Mark Levine, Chair Members: Darlene Mealy, Fernando Cabrera, James G. Van Bramer, Andrew Cohen, Alan N. Maisel and Mark Treyger
Roll Call
T2014-0458
Present:
Levine, Mealy, Cabrera, Van Bramer, Cohen, Maisel and Treyger Other Council Members Attending: Lander, Deutsch, Rodriguez and Kallos
New York City Council Fiscal Year 2015 Preliminary Budget, Mayor's FY'14 Preliminary Management Report and Agency Oversight Hearings
1:00 a.m. Department of Parks & Recreation (Expense)
2:30 a.m. Department of Parks & Recreation (Capital)
3:00 p.m. Public
Attachments:
Committee Report - Department of Parks and Recreation, Hearing Testimony, Hearing Transcript
This Oversight was Hearing Held by Committee
Attachments:
Committee Report - Department of Parks and Recreation, Hearing Testimony, Hearing Transcript
This Oversight was Filed, by Committee
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4305207613377231260403142953776936772412774103
PreK
EEE:
Students who require assistance
Students who are too young to start Kindergarten, sign up for a lottery to be peers to the EEE students
St. George Students - these numbers are already included in the above numbers
Out of District Students - these numbers are already included in the above numbers (out of district placement, tuition, school choice, teacher benefit, exchange)
CVUHS - by grade and town
| 09 10 11 12 Charlotte 56 58 49 47 Hinesburg 61 52 65 44 St. George 11 11 7 9 Shelburne 83 77 94 84 Williston 106 109 123 85 Out of District 8 9 10 19 325 316 348 288 | 09 10 11 12 | TTL |
|---|---|---|
| | | 210 |
| | | 222 |
| | | 38 |
| | | 338 |
| | | 423 |
| | | 46 |
| | | 1277 |
| | Sept #'s | Current | +/- |
|---|---|---|---|
| CCS | 430 | 429 | -1 |
| HCS | 520 | 537 | 17 |
| SCS | 761 | 769 | 8 |
| ABS | 337 | 367 | 30 |
| WSC | 723 | 724 | 1 |
| CVU | 1260 | 1277 | 17 |
| CSSU | 4031 | 4103 | 72 |
CVU numbers include 8 exchange students
CVU numbers include 5 Part-time students
CVU numbers include 4 students in High School Completion Program
June 1, 2014
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PRESS!RELEASE!
For!immediate!release!
!
PSYCHOLOGICAL!HEALTH!AND!SAFETY!STANDARD!!! FOR!CANADIAN!WORKPLACE!
Standard!supports!Canadian!employers!and!employees!in!improving!work!environments!
!
Ottawa,!Ontario!(June!16!2011)!–!Canadian!employers!will!have!increased!support!for! improving!the!psychological!health!and!safety!of!their!employees!with!the!development!of!a! new!Canada"wide!standard,!the!Mental!Health!Commission!of!Canada!said!today!at!a!public! event!to!introduce!the!Standard.!
!
"The!economic!burden!of!mental!disorders!in!Canada!has!been!estimated!at!$51"billion!per! year,!with!almost!$20"billion!of!that!coming!from!workplace!losses,"!said!MHCC!President!and! CEO!Louise!Bradley.!!
!
"The!requirements!for!an!employee's!physical!health!and!safety!in!the!workplace!are!a! longstanding!concern!for!Canadian!employers.!Now!it's!time!to!consider!the!mental!wellbeing!of! the!workforce!the!same!way,"!Bradley!said.!
!
Once!completed,!the!voluntary!National!Standard!of!Canada!for!Psychological!Health!and!Safety! in!the!Workplace!will!provide!organizations!with!the!tools!to!achieve!measurable!improvement! in!psychological!health!and!safety!for!Canadian!employees.!
!
MHCC!is!championing!the!development!of!the!Standard,!working!collaboratively!with!the! Bureau!de!normalisation!du!Québec!(BNQ)!and!the!CSA!Standards.!A!committee!of!health!and! safety!professionals,!labour!representatives,!executives,!government!representatives,!experts!in! law!and!policy!and!other!groups!has!been!created!by!BNQ!and!CSA!Standards!to!develop!the! Standard.!
!
The!funding!for!this!project!has!been!provided!by!Human!Resources!and!Skills!Development! Canada!(HRSDC),!Health!Canada,!the!Public!Health!Agency!of!Canada!and!Bell.!
!
"The!Government!of!Canada!applauds!the!efforts!to!improve!the!psychological!health!and!safety! of!Canadian!employees,!recognizing!that!a!healthy!workforce!is!essential!to!Canada's!economic! prosperity,"!said!Dr.!Kellie!Leitch,!Parliamentary!Secretary!to!the!Minister!of!HRSDC!and!to!the! Minister!of!Labour.!
!
There!will!be!a!60"day!public!review!process!held!in!the!fall.!The!completed!Standard!is! scheduled!to!be!released!in!2012.!!
!
"The!public!consultation!period!this!fall!will!be!an!important!opportunity!to!develop!a!Standard! that!works!for!Canadians!and!I!would!encourage!all!stakeholders!to!remain!engaged!in!its! creation,"!Leitch!said.!
!
Mental!health!issues!in!the!workplace:!A!growing!concern!
Mental!health!problems!and!illnesses!are!the!leading!cause!of!workplace!disability!in!Canada,! representing!15%!of!Canada's!burden!of!disease.!A!Canadian!Medical!Association!study!in!2008! indicated!that!only!23!per!cent!of!Canadians!surveyed!said!they!would!feel!comfortable!talking! to!an!employer!about!their!mental!illness.!
!
The!business!case:!What's!in!it!for!employees!and!employers?!
The!advantages!of!a!psychological!standard!for!employees!include!protection!from! psychological!harm!in!the!workplace!and!the!promotion!of!psychological!wellbeing.!For! employers,!the!business!case!in!favour!of!the!new!Standard!rests!on!four!main!parameters!–! enhanced!cost!effectiveness,!improved!risk!management,!increased!organizational!recruitment! and!retention!as!well!as!corporate!social!responsibility.!
!
The!BNQ!and!CSA!Standards!will!jointly!manage!the!Standard!development!process!and! publication.!The!Standard!will!be!developed!as!a!'stand"alone'!National!Standard!of!Canada! (NSC).!!
!
!
About!the!Mental!Health!Commission!of!Canada!
!
The!Mental!Health!Commission!of!Canada!is!a!catalyst!for!transformative!change.!Our!mission!is! to!work!with!stakeholders!to!change!the!attitudes!of!Canadians!toward!mental!health!problems! and!to!improve!services!and!support.!Our!goal!is!to!promote!mental!health!and!help!people!who! live!with!mental!health!problems!lead!meaningful!and!productive!lives.!The!Mental!Health! Commission!of!Canada!is!funded!by!Health!Canada.!!
!
About!CSA!Standards!
CSA!Standards!is!a!leading!standards"based!solutions!organization!serving!industry,!government,! consumers!and!other!interested!parties!in!North!America!and!the!global!marketplace.!Focusing! on!standards!and!codes!development,!application!products,!training,!advisory!and!personnel! certification!services,!the!organization!aims!to!enhance!public!safety,!improve!quality!of!life,! preserve!the!environment!and!facilitate!trade.!CSA!Standards!is!a!division!of!CSA!Group,!which! also!consists!of!CSA!International,!which!provides!testing!and!certification!services!for!electrical,! mechanical,!plumbing,!gas!and!a!variety!of!other!products;!and!OnSpeX,!a!provider!of!consumer! product!evaluation,!inspection!and!advisory!services!for!retailers!and!manufacturers.!For!more! information!visit!www.csa.ca.!!!
!
!
!
!
!
Contacts:!
Kyle!Marr,!Mental!Health!Commission!of!Canada!
Tel:!!(403)!385"4050!
Cell:!(587)!226"8782!
[email protected]
Anthony!Toderian! Manager,!Corporate!Affairs! CSA!Group!
Cell:!(416)747"2620!
[email protected]!
!
Marie"Claude!Drouin! Business!Development!Coordinator! Bureau!de!normalisation!du!Québec! Cell:!(418)!564"7282! marie"[email protected]!
About!the!Bureau!de!normalisation!du!Québec!
An!administrative!unit!of!the!Centre!de!recherche!industrielle!du!Québec!(CRIQ),!the!Bureau!de! normalisation!du!Québec!(BNQ)!has!operated!for!50!years!in!the!fields!of!standardization,! certification!and!the!dissemination!of!information!on!standards.!Officially!recognized!by!the! Québec!government,!the!Standards!Council!of!Canada!(SCC),!Canadian!member!of!the! International!Organization!for!Standardization!(ISO),!and!the!World!Trade!Organization!(WTO),! the!BNQ!is!a!forerunner!in!developing!measures!designed!to!support!businesses,!industrials!and! social!and!regulatory!bodies.!!For!more!information:!www.bnq.qc.ca.!
!
–!30!–!
|
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NARCLEADERSHIP
President Ron Morrison,
Mayor,
National City, CA
Chair Mark Policinski,
Executive Directors
Council
Executive Director,
Ohio-Kentucky-Indiana
Regional Council of
Governments
EXECUTIVEBRIEF
Colleagues,
We are honored to stand with our heroes and families on this weekend's 10th anniversary of September 11th. We believe that a strong, secure and resilient nation is the foundation for a prosperous one.
Email not displaying correctly? Click HERE to view it as a PDF.
PROGRAMUPDATE POLICYUPDATE REGION360 PARTNER UPDATE GRANTOPPORTUNITIES UPCOMINGEVENTS
Last Change To Register! Join the Northeast Florida Regional Council and NARC for the 2011 Executive Directors' Conference in Jacksonville, FL. Executive Directors and senior staff are invited to meet with experts, network with your colleagues and share best practices in management, programs, finance, budget, governance and other issues of importance to you. For more information, to access the draft agenda or to register for the conference, click HERE.
PROGRAMUPDATE
Green Infrastructure Survey: NARC is seekinginformation on regional
Thank you for your commitment to our troops, communities and programs that keep our nation strong.
We are just a week away from our 2011 Executive Directors' Conference! Please register, bring senior staff, and join us for a management level discussion on topics of relevance to your COGs and MPOs. The agenda has shaped up nicely, with excellent speakers including
Congresswoman
Corrine Brown (D-FL),
Hon. Shelley Poticha,
Director for the Office of
Sustainable Housing and Communities, U.S.
Department of Housing and Urban
Development, and many others, to discuss and
lead provocative and productive discussions
on housing, transportation and
organizational management.
See you soon, Fred
NARCSTAFF Fred Abousleman Executive Director Shannon Baxevanis planning organizations' experiences with green infrastructure planning and implementation. Please take 10 minutes to fill out this short survey before September 30, 2011. The survey can be accessed HERE and will provide NARC and its research partners with a fuller understanding of regional and local green infrastructure activities, funding streams and federal support, in order to identify opportunities for improvement and targeted resources.
National Climate Assessment Request for Information: The National Oceanic and Atmospheric Administration (NOAA) has issued a request for information, inviting the public to provide comments and expressions of interest in offering technical inputs or assessment capacity on topics related to the National Climate Assessment. Expressions of interest are due by October 1, 2011, and final inputs are due by March 1, 2012. Click HERE to access the Federal Register Notice for a detailed timeline and more information.
POLICYUPDATE
The Senate and House are in session.
President Obama Releases Jobs Plan: On September 8, the President released his American Jobs Act, which proposes $447 billion in federal investment in an effort to stimulate the economy and open job opportunities. The President is expected to deliver the Act to Congress today asking for them to pass legislation. Next Monday, September 19, the President is expected to deliver a plan to Congress on how to pay for the Act. Click HERE for NARC's brief summary of the Act. Meanwhile, House Republicans continue to pursue their job creation plan. Click HERE to access a brief summary of the plan; click HERE for the House Republican's website with more detailed information.
Appropriations Work Continues: This week, the House and Senate will continue work on the FY12 appropriations bills. None of the FY12 appropriations bills have been passed by both Chambers. Congress is also readying a continuing resolution (CR) in the likely event that the FY12 appropriations process is not finalized before the start of the new fiscal year on October 1. The House has time set aside next week for CR debate.
Administration Requests Boost for Disaster Relief Fund: The White House has requested from Congress an additional $5 billion for FY12 Disaster Relief Fund, which would on top of $1.8 billion already requested.
Deputy Director
Mia Colson
Program Analyst
Kristin Heery
Program Analyst
Jenee Kresge
Economic and
Community
Development Manager
Lindsey Riley
Deputy of
Communications
Erika Young
Transportation Director
To access past issues of eRegions, visit our website.
Make NARC your homepage — click here to learn how.
The Administration also asked for $500 million for the remainder of the current fiscal year to assist with the recent incidents. It is expected that this request will get rolled into the CR. The Senate has been moving forward with its own $6 billion supplemental, which has been approved by the Senate Homeland Security Appropriations Subcommittee.
Federal Surface Transportation Authorization Extension: The U.S. House of Representatives will consider an extension of the federal surface transportation authorization tomorrow. While there is some debate regarding whether or not House Democrats will object to the lower than hoped for amounts of contract authority provided in the authorization extension, House Transportation &Infrastructure CommitteeRanking Member Rahall (D-WV) has indicated his support. Click HERE for text of the authorization extension. In the Senate, Environment and Public Works Committee Chair Boxer (DCA) passed out of Committee last week the Surface Transportation Extension Act of 2012, an authorization extension that would fund surface transportation programs through January 31, 2012. Boxer also issued a statement that she didn't oppose the House's authorization extension. Click HERE for her statement. The current surface transportation authorization extension is set to expire on September 30th.
PARTNERUPDATE
September 18 - 21, 2011, Milwaukee, WI: Join International City/County Management Association (ICMA) for this informative, innovative, and engaging 4-day professional development conference, Fresh Ideas and Fresh Water. You can reserve a hotel room and register online for ICMA's 2011 Annual Conference. Visit http://icma.org/conference2011 for details and registration info. Solar America Communities Events:
- Solar Workshop – Sunday, September 18, 8:30-12:30 – Learn important concepts related to local solar installations, including technologies, costs and barriers.
- Solar Powering Your Community Session – Monday, September 19, 9:45-11:00 – Attend this panel session to hear how local governments can address the challenges of implementing solar.
- Milwaukee Shines Solar Tour – FREE! Monday, September 19, 12:30-1:30 or Tuesday, September 20, 4:00-5:00 – Visit Milwaukee Public Library's solar installations and green roof.
Solar Survey: ICMA is conducting a solar survey of local governments to collect data on what local governments are doing related to the adoption of solar energy. The survey was sent to the Chief Elected or Appointed Official of all city- and county- type local governments with a population of 2,500 or above and can also be completed online (the URL and your jurisdiction's unique 6-digit identifier are provided on the paper survey). If you need to obtain your identifier or have questions, please email [email protected].
REGIONS360
H-GAC's Eco-Logical GIS Referenced in Recent ESRI Online Article:
The Houston-Galveston Area Council's (H-GAC) Eco-Logical Geospatial Information Systems (GIS) is featured as an example of user-friendly, cloudbased computing in an article on the Environmental Systems Research Institute, Inc's (ESRI) website. Click HERE to access the article. More information about Eco-Logical is available HERE.
COMPASS Seeking Services to Provide Economic Benefit(s) Tools: The Community Planning Association of Southwest Idaho (COMPASS) is seeking consulting services to provide an economic benefits tool(s) to evaluate a broad range of infrastructure investments as part of an update to the regional long-range transportation plan, Communities in Motion 2035. To download a copy of the Request for Qualifications/Proposals please click HERE.
Proposals must be received by COMPASS before 1:00 pm MT Friday, September 9, 2011.
GRANTOPPORTUNITIES
AARP Foundation Grants
Letter of Inquiry: September 15, 2011; Proposals Due: October 15, 2011 AARP Foundation is seeking to fund the development or scaling of innovative, sustainable solutions to hunger that have the potential to make a significant impact on community food security and sustainable food systems for Americans 50 and older. Through a competitive Request for Proposals process, AARP Foundation will award grants to eligible local, state and/or national registered 501(c)(3) nonprofit organizations in the United States, in amounts ranging from $50,000 to $300,000. Grants will be awarded under the AARP Foundation Sustainable Solutions to Hunger Innovation Grants Program. For more information about this funding opportunity, please visit
.
UPCOMINGEVENTS
Municipal Financing for Clean Energy and Energy Efficiency Webinar September 13, 2011, 12:00-1:30 pm ET: Hear about various methods by which municipalities could finance renewable energy and energy efficiency projects. This webinar is hosted by Energy Forefront. Speakers include: (1) Baird Brown, Drinker Biddle & Reath LLP, explaining multiple methods of financing including federal tax benefits, aggregation, securitization of smaller projects, 501(c)(3) non-profit corporations & more; (2) Vincent DeVito, Bowditch & Dewey LLP, discussing how various cities & towns structured their energy financing; and (3) Wayne Snider, describing how he procured financing for wind, solar, biomass and several other Fowler Colorado projects... without any upfront costs for Fowler. For more information and to register, please click HERE.
FHWA/FTA Workshops on the Role of Road Pricing in Supporting Funding and Regional Goals
September 13, 2011, Denver, CO: The Federal Highway Administration (FHWA) Office of Operations, Office of Planning, and Office of Innovative Program Delivery, along with the Federal Transit Administration (FTA), are jointly hosting a series of one-day workshops on The Role of Road Pricing in Supporting Funding and Regional Goals: Integrating Pricing in Metropolitan Transportation Plans. The one-day workshop will be held from 9:00am-5:00 pm. FHWA has a limited pool of funding to support travel expenses for public agencies. If you are interested in attending one of these workshops and in potential travel assistance, please contact Heather Rigdon at [email protected] and/or Myron Swisher at [email protected].
NLC's 19th Annual Leadership Summit
September 15 - 17, 2011, Minneapolis, MN: Join renowned leadership scholars and authors Dan Buettner, Lindsay Strand, John M. Bryson, Barbara C. Crosby, and John Luthy as you engage in a unique, reflective program that will help guide your work and leadership in local government. Click HERE for more information.
FHWA/FTA Workshops on the Role of Road Pricing in Supporting Funding and Regional Goals
September 15, 2011, Atlanta, GA: The Federal Highway Administration (FHWA) Office of Operations, Office of Planning, and Office of Innovative Program Delivery, along with the Federal Transit Administration (FTA), are jointly hosting a series of one-day workshops on The Role of Road Pricing in Supporting Funding and Regional Goals: Integrating Pricing in Metropolitan Transportation Plans. The one-day workshop will be held from 9:00am-5:00 pm. FHWA has a limited pool of funding to support travel expenses for public agencies. If you are interested in attending one of these workshops and in potential travel assistance, please contact Heather Rigdon at [email protected] and/or Myron Swisher at [email protected].
2011 Executive Directors' Conference
September 18 - 21, 2011, Jacksonville, FL: Join Executive Directors and senior staff of regional councils and metropolitan planning organizations at this premier regional training event. Registration information and a draft agenda are available by clicking HERE. Confirmed speakers include Hon. Corrine Brown (U.S. House of Representatives, Ranking Member, Transportation and Infrastructure Committee, Subcommittee on Railroads, Pipelines and Hazardous Materials), Hon. Shelley Poticha (Director of Sustainable Housing and Communities, U.S. Department of Housing and Urban Development), Captain Jeffrey Maclay (U.S. Navy, Commanding Officer, Naval Air Station, Jacksonville, FL) and many more!
ICMA Annual Conference
September 18 - 21, 2011, Milwaukee, WI: Join ICMA for this informative, innovative, and engaging four-day professional development conference, Fresh Ideas and Fresh Water. You can reserve a hotel room and register online for ICMA's 2011 Annual Conference. Visit http://icma.org/conference2011 for details and registration info.
FHWA/FTA Workshops on the Role of Road Pricing in Supporting Funding and Regional Goals
September 20, 2011, Chicago, IL: The Federal Highway Administration (FHWA) Office of Operations, Office of Planning, and Office of Innovative Program Delivery, along with the Federal Transit Administration (FTA), are jointly hosting a series of one-day workshops on The Role of Road Pricing in Supporting Funding and Regional Goals: Integrating Pricing in Metropolitan Transportation Plans. The one-day workshop will be held from 9:00am-5:00 pm. FHWA has a limited pool of funding to support travel expenses for public agencies. If you are interested in attending one of these workshops and in potential travel assistance, please contact Heather Rigdon at
[email protected] and/or Myron Swisher at [email protected].
2011 Ohio Freight Conference
September 20-21, 2011, Toledo, OH: This is the fifth year for the conference that brings together transportation professionals to focus on the movement of goods through Ohio and the Great Lakes region. It is a unique opportunity for dialog and exchange of information between all modes: rail, ground, pipeline, air and sea. For more information or to register, click HERE.
U.S. DOE Webinar: Partnering with Utilities Part 1 - Successful Partnerships and Lessons from the Field
September 22, 2011, 2:00pm ET: This webcast will be a roundtable for four communities to describe successful partnerships between local governments and utilities that enabled the local governments to implement new clean energy programs or enhance existing ones. Click HERE for registration and additional information.
Innovative Solutions for Solar Financing Webinar
September 27, 2011, 2:00pm ET: Join ICMA and NARC for a Solar America Communities Program webinar on solar financing. Learn from Sonoma County, California and the Joint Venture Silicon Valley Network as they detail their efforts to overcome major barriers to adopting solar technologies in their region. Advanced registration is required; please click HERE to register.
U.S. DOE Webinar: Advanced Topics in Power Purchase Agreements September 28, 2011, 2:00pm ET: This webcast is the second of a two part webcast series. The first webcast presented basic information about Power Purchase Agreements as a way to leverage private capital to install largescale solar energy. This webcast will cover the sometimes complex terms and conditions, several different legal structures, and the roles of the various parties, including how to share risk and reward. Click HERE for registration and additional information.
Solar Powering Your Community Workshop: Getting Started with Solar in Your Community – Dallas, TX
Friday, October 21, 8:00am-1:00pm: This free half-day workshop, in conjunction with Solar Power International, will focus on important concepts related to residential and small scale commercial solar installations, including how to create a local-level solar program and install solar on municipal and other community facilities. As a participant, you will learn about policy considerations in the state of Texas and learn best practices from communities across the state, including the Solar America Cities of Austin, Houston, and San Antonio. To learn more or register, click HERE.
2011 Water Resources Summit
October 25, 2011, College Park, MD: Join the Horinko Group for the Second Annual Water Resources Summit, hosted on the campus of the University of Maryland. The topic of this year's summit is Sustaining Our Nation's Water Resources: Answering the Call for Stewardship. The summit will focus on Water Governance, Water Advocacy, and the Business of Water, and will feature speakers from the public, advocacy, and the business sector. To view the full agenda and register, please click HERE.
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TITLE 15
MOTOR VEHICLES, TRAFFIC AND PARKING 1
CHAPTER
2. EMERGENCY VEHICLES.
1. MISCELLANEOUS.
3. SPEED LIMITS.
5. STOPPING AND YIELDING.
4. TURNING MOVEMENTS.
6. PARKING.
8. AUTOMATED TRAFFIC SIGNAL ENFORCMENT.
7. ENFORCEMENT.
CHAPTER 1
MISCELLANEOUS 2
SECTION
15-102. Driving on streets closed for repairs, etc.
15-101. Motor vehicle requirements.
15-103. Reckless driving.
15-105. Unlaned streets.
15-104. One-way streets.
15-106. Laned streets.
15-108. Miscellaneous traffic-control signs, etc.
15-107. Yellow lines.
15-109. General requirements for traffic-control signs, etc.
15-111. Presumption with respect to traffic-control signs, etc.
15-110. Unauthorized traffic-control signs, etc.
15-112. School safety patrols.
15-113. Driving through funerals or other processions.
1Municipal code reference
Excavations and obstructions in streets, etc.: title 16.
2State law references
Under Tennessee Code Annotated, § 55-10-307, the following offenses are exclusively state offenses and must be tried in a state court or a court having state jurisdiction: driving while intoxicated or drugged, as prohibited by Tennessee Code Annotated, § 55-10-401; failing to stop after a traffic accident, as prohibited by Tennessee Code Annotated, § 55-10-101, et seq.; driving while license is suspended or revoked, as prohibited by Tennessee Code Annotated, § 55-7-116; and drag racing, as prohibited by Tennessee Code Annotated, § 55-10-501.
15-114. Clinging to vehicles in motion.
15-116. Backing vehicles.
15-115. Riding on outside of vehicles.
15-117. Projections from the rear of vehicles.
15-119. Vehicles and operators to be licensed.
15-118. Causing unnecessary noise.
15-120. Passing.
15-122. Bicycle riders, etc.
15-121. Damaging pavements.
15-123. Following too closely.
15-125. Routes for gravel and concrete trucks.
15-124. Unlawful to drive into, against, or upon parked vehicle or fixed object.
15-126. Registration of motor vehicles.
15-101. Motor vehicle requirements. It shall be unlawful for any person to operate any motor vehicle within the corporate limits unless such vehicle is equipped with properly operating muffler, lights, brakes, horn, and such other equipment as is prescribed and required by Tennessee Code Annotated, title 55, chapter 9. (1981 Code, § 9-101)
15-102. Driving on streets closed for repairs, etc. Except for necessary access to property abutting thereon, no motor vehicle shall be driven upon any street that is barricaded or closed for repairs or other lawful purpose. (1981 Code, § 9-106)
15-103. Reckless driving. No person shall drive any vehicle in willful or wanton disregard for the safety of persons or property. (1981 Code, § 9-107)
15-104. One-way streets. Where the municipality has designated certain streets for one-way traffic with posted signs indicating the authorized direction of travel at all intersections offering access thereto, no person shall operate any vehicle except in the indicated direction. (1981 Code, § 9-109)
15-105. Unlaned streets. (1) Upon all unlaned streets of sufficient width, a vehicle shall be driven upon the right half of the street except:
(b) When the right half of a roadway is closed to traffic while under construction or repair.
(a) When lawfully overtaking and passing another vehicle proceeding in the same direction.
(c) Upon a roadway designated and signposted by the city for one-way traffic.
(2) All vehicles proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn. (1981 Code, § 9-110)
15-106. Laned streets. Where the municipality hs had streets marked with traffic lanes, it shall be unlawful for the operator of any vehicle to fail or refuse to keep his vehicle within the boundaries of the right hand lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.
On two (2) lane and three (3) lane streets, the proper lane for travel shall be the right hand lane unless otherwise clearly marked. On streets with four (4) or more lanes, either of the right hand lanes shall be available for use except that traffic moving at less than the normal rate of speed shall use the extreme right hand lane. On one-way streets either lane may be lawfully used in the absence of markings to the contrary. (1981 Code, § 9-111)
15-107. Yellow lines. Where the municipality has had a yellow line placed to the right of any lane line or center line, such yellow line shall designate a no-passing zone, and no operator shall drive his vehicle or any part thereof across or to the left of such yellow line except when necessary to make a lawul left turn to enter another street, alley or driveway. (1981 Code, § 9-112)
15-108. Miscellaneous traffic-control signs, etc. 3 It shall be unlawful for any pedestrian or the operator of any vehicle to violate or fail to comply with any traffic-control sign, signal, marking, or device placed or erected by the state or the city unless otherwise directed by a police officer.
It shall be unlawful for any pedestrian or the operator of any vehicle to willfully violate or fail to comply with the reasonable directions of any police officer. (1981 Code, § 9-113)
15-109. General requirements for traffic-control signs, etc. All traffic-control signs, signals, markings, and devices shall conform to the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways, 4 published by the U. S. Department of Transportation, Federal Highway Administration, and shall, so far as practicable, be uniform as to type and location throughout the city. This section shall not be construed as being mandatory but is merely directive. (1981 Code, § 9-114)
3Municipal code references
Stop signs, yield signs, flashing signals, pedestrian control signs, traffic control signals generally: §§ 15-505--15-509.
4This manual may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.
15-110. Unauthorized traffic-control signs, etc. No person shall place, maintain, or display upon or in view of any street, any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resembles an official traffic-control sign, signal, marking, or device or railroad sign or signal, or which attempts to control the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control sign, signal, marking, or device or any railroad sign or signal. (1981 Code, § 9-115)
15-111. Presumption with respect to traffic-control signs, etc. When a traffic-control sign, signal, marking, or device has been placed, the presumption shall be that it is official and that it has been lawfully placed by the proper authority. All presently installed traffic-control signs, signals, markings and devices are hereby expressly authorized, approved and made official. (1981 Code, § 9-116)
15-112. School safety patrols. All motorists and pedestrians shall obey the directions or signals of school safety patrols when such patrols are assigned under the authority of the chief of police and are acting in accordance with instructions; provided, that such persons giving any order, signal, or direction shall at the time be wearing some insignia and/or using authorized flags for giving signals. (1981 Code, § 9-117)
15-113. Driving through funerals or other processions. Except when otherwise directed by a police officer, no driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated. (1981 Code, § 9-122)
15-114. Clinging to vehicles in motion. It shall be unlawful for any person traveling upon any bicycle, motorcycle, coaster, sled, roller skates, or any other vehicle to cling to, or attach himself or his vehicle to any other moving vehicle upon any street, alley, or other public way or place. (1981 Code, § 9-124)
15-115. Riding on outside of vehicles. It shall be unlawful for any person to ride, or for the owner or operator of any motor vehicle being operated on a street, alley, or other public way or place, to permit any person to ride on any portion of such vehicle not designed or intended for the use of passengers. This section shall not apply to persons engaged in the necessary discharge of lawful duties nor to persons riding in the load-carrying space of trucks. (1981 Code, § 9-125)
15-116. Backing vehicles. The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interfering with other traffic. (1981 Code, § 9-126)
15-117. Projections from the rear of vehicles. Whenever the load or any projecting portion of any vehicle shall extend beyond the rear of the bed or body thereof, the operator shall display at the end of such load or projection, in such position as to be clearly visible from the rear of such vehicle, a red flag being not less than twelve (12) inches square. Between one-half (½) hour after sunset and one-half (½) hour before sunrise, there shall be displayed in place of the flag a red light plainly visible under normal atmospheric conditions at least two hundred (200) feet from the rear of such vehicle. (1981 Code, § 9-127)
15-118. Causing unnecessary noise. It shall be unlawful for any person to cause unnecessary noise by unnecessarily sounding the horn, "racing" the motor, or causing the "screeching" or "squealing" of the tires on any motor vehicle. (1981 Code, § 9-128)
15-119. Vehicles and operators to be licensed. It shall be unlawful for any person to operate a motor vehicle in violation of the "Tennessee Motor Vehicle Title and Registration Law" or the "Uniform Motor Vehicle Operators' and Chauffeurs' License Law." (1981 Code, § 9-129)
15-120. Passing. Except when overtaking and passing on the right is permitted, the driver of a vehicle passing another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street until safely clear of the overtaken vehicle. The driver of the overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
The driver of a vehicle may overtake and pass another vehicle proceeding in the same direction either upon the left or upon the right on a street of sufficient width for four (4) or more lanes of moving traffic when such movement can be made in safety.
When the street is wide enough, the driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.
No person shall drive off the pavement or upon the shoulder of the street in overtaking or passing on the right.
No vehicle operator shall attempt to pass another vehicle proceeding in the same direction unless he can see that the way ahead is sufficiently clear and unobstructed to enable him to make the movement in safety. (1981 Code, § 9-130)
When any vehicle has stopped at a marked crosswalk or at an intersection to permit a pedestrian to cross the street, no operator of any other vehicle approaching from the rear shall overtake and pass such stopped vehicle.
15-121. Damaging pavements. No person shall operate or cause to be operated upon any street of the municipality any vehicle, motor propelled or otherwise, which by reason of its weight or the character of its wheels, tires, or track is likely to damage the surface or foundation of the street. (1981 Code, § 9-119)
15-122. Bicycle riders, etc. Every person riding or operating a bicycle, motorcycle, or motor driven cycle shall be subject to the provisions of all traffic ordinances, rules, and regulations of the city applicable to the driver or operator of other vehicles except as to those provisions which by their nature can have no application to bicycles, motorcycles, or motor driven cycles.
No bicycle, motorcycle, or motor driven cycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
No person operating or riding a bicycle, motorcycle, or motor driven cycle shall ride other than upon or astride the permanent and regular seat attached thereto, nor shall the operator carry any other person upon such vehicle other than upon a firmly attached and regular seat thereon.
No person operating a bicycle, motorcycle, or motor driven cycle shall carry any package, bundle, or article which prevents the rider from keeping both hands upon the handlebars.
All motorcycles and motor driven cycles operated on public ways within the corporate limits shall be equipped with crash bars approved by the state's commissioner of safety.
No person under the age of sixteen (16) years shall operate any motorcycle, motorbike, or motor driven cycle while any other person is a passenger upon said motor vehicle.
Each driver of a motorcycle or motor driven cycle and any passenger thereon shall be required to wear on his head a crash helmet of a type approved by the state's commissioner of safety.
It shall be unlawful for any person to operate or ride on any vehicle in violation of this section and it shall also be unlawful for any parent or guardian knowingly to permit any minor to operate a motorcycle or motor driven cycle in violation of this section. (1981 Code, § 9-131)
Every motorcycle or motor driven cycle operated upon any public way within the corporate limits shall be equipped with a windshield of a type approved by the state's commissioner of safety, or, in the alternative, the operator and any passenger on any such motorcycle or motor driven cycle shall be required to wear safety goggles of a type approved by the state's commissioner of safety for the purpose of preventing any flying object from striking the operator or any passenger in the eyes.
15-123. Following too closely. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicle, the traffic and the condition of the street. (1981 Code, § 9-118)
15-124. Unlawful to drive into, against, or upon parked vehicle or fixed object. It shall be unlawful for the driver of any vehicle while operating such vehicle on a public street or alley to drive such vehicle into, against or upon a parked vehicle or fixed object thereon. (1981 Code, § 9-119)
15-125. Routes for gravel and concrete trucks. All gravel and concrete trucks using the public roads and streets of the city shall be confined to the use of Navy Road and the Raleigh-Millington Road. Said gravel and concrete trucks are hereby prohibited from using any other streets or roads within the city except when necessary to make deliveries to construction jobs and then only if the truck owner and/or driver has first obtained a permit from the city clerk. (1981 Code, § 9-120)
15-126. Registration of motor vehicles. There is hereby levied an annual license in the sum of twenty-five dollars ($25.00) on each motor vehicle owned by a resident of the City of Millington using the public streets and highways of the city. The annual license fee levied by this section shall be due and payable to the county clerk at the time of renewal of each vehicle's state license tag. Upon receiving proof of payment of the license fee, the city clerk shall, upon request of the owner, issue for each vehicle a serially-numbered tag or sticker, which may be attached to each licensed vehicle. (1981 Code, § 9-121, as amended by Ord. #2001-09, June 2001)
CHAPTER 2
EMERGENCY VEHICLES
SECTION
15-202. Operation of authorized emergency vehicles.
15-201. Authorized emergency vehicles defined.
15-203. Following emergency vehicles.
15-204. Running over fire hoses, etc.
15-201. Authorized emergency vehicles defined. Authorized emergency vehicles shall be fire department vehicles, police vehicles, and such ambulances and other emergency vehicles as are designated by the chief of police. (1981 Code, § 9-102)
15-202. Operation of authorized emergency vehicles. 5 (1) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, subject to the conditions herein stated.
(3) The exemptions herein granted for an authorized emergency vehicle shall apply only when the driver of any such vehicle while in motion sounds an audible signal by bell, siren, or exhaust whistle and when the vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(2) The driver of an authorized emergency vehicle may park or stand, irrespective of the provisions of this title; proceed past a red or stop signal or stop sign, but only after slowing down to ascertain that the intersection is clear; exceed the maximum speed limit and disregard regulations governing direction of movement or turning in specified directions so long as he does not endanger life or property.
(4) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (1981 Code, § 9-103)
5Municipal code reference
Operation of other vehicle upon the approach of emergency vehicles: § 15-501.
15-203. Following emergency vehicles. No driver of any vehicle shall follow any authorized emergency vehicle apparently travelling in response to an emergency call closer than five hundred (500) feet or drive or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (1981 Code, § 9-104)
15-204. Running over fire hoses, etc. It shall be unlawful for any person to drive over any hose lines or other equipment of the fire department except in obedience to the direction of a fireman or policeman. (1981 Code, § 9-105)
SECTION
15-302. At intersections.
15-301. In general.
15-303. In school zones.
15-305. Drivers to operate vehicles safely.
15-304. In congested areas.
15-301. In general. It shall be unlawful for any person to operate or drive a motor vehicle upon any highway or street at a rate of speed in excess of thirty (30) miles per hour except where official signs have been posted indicating other speed limits, in which cases the posted speed limit shall apply. (1981 Code, § 9-301)
15-302. At intersections. It shall be unlawful for any person to operate or drive a motor vehicle through any intersection at a rate of speed in excess of fifteen (15) miles per hour unless such person is driving on a street regulated by traffic-control signals or signs which require traffic to stop or yield on the intersecting streets. (1981 Code, § 9-302)
15-303. In school zones. It shall be unlawful for any person to operate or drive a motor vehicle through any school zone or near any playground at a rate of speed in excess of fifteen (15) miles per hour when official signs indicating such speed limit have been posted by authority of the municipality. (1981 Code, § 9-303)
15-304. In congested areas. It shall be unlawful for any person to operate or drive a motor vehicle through any congested area at a rate of speed in excess of any posted speed limit when such speed limit has been posted by authority of the municipality. (1981 Code, § 9-304)
15-305. Drivers to operate vehicles safely. Notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver shall :
(2) Maintain a safe lookout.
(1) Operate his vehicle at a safe speed.
(3) Use due care to keep his vehicle under control. (1981 Code, § 9-305)
CHAPTER 3
SPEED LIMITS
SECTION
15-402. Right turns.
CHAPTER 4
TURNING MOVEMENTS
15-401. Generally.
15-403. Left turns on two-way roadways.
15-405. U-turns.
15-404. Left turns on other than two-way roadways.
15-401. Generally. No person operating a motor vehicle shall make any turning movement which might affect any pedestrian or the operation of any other vehicle without first signaling his intention in accordance with the requirements of the state law. 6 (1981 Code, § 9-401)
15-402. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway. (1981 Code, § 9-302)
15-403. Left turns on two-way roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of the intersection of the center line of the roadway being entered. (1981 Code, § 9-303)
15-404. Left turns on other than two-way roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left hand lane lawfully available to traffic moving in such direction upon the roadway being entered. (1981 Code, § 9-404)
15-405. U-turns. U-turns are prohibited. (1981 Code, § 9-405)
CHAPTER 5
STOPPING AND YIELDING
SECTION
15-502. When emerging from alleys, etc.
15-501. Upon approach of authorized emergency vehicles.
15-503. To prevent obstructing an intersection.
15-505. At "stop" signs.
15-504. At railroad crossings.
15-506. At "yield" signs.
15-508. At flashing traffic-control signals.
15-507. At traffic-control signals generally.
15-509. At pedestrian control signals.
15-510. Stops to be signaled.
15-501. Upon approach of authorized emergency vehicles. 7 Upon the immediate approach of an authorized emergency vehicle making use of audible and/or visual signals meeting the requirements of the laws of this state, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every other vehicle shall immediately drive to a position parallel to, and as close as possible to, the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (1981 Code, § 9-501)
15-502. When emerging from alleys, etc. The drivers of all vehicles emerging from alleys, parking lots, driveways, or buildings shall stop such vehicles immediately prior to driving onto any sidewalk or street. They shall not proceed to drive onto the sidewalk or street until they can safely do so without colliding or interfering with approaching pedestrians or vehicles. (1981 Code, § 9-502)
15-503. To prevent obstructing an intersection. No driver shall enter any intersection or marked crosswalk unless there is sufficient space on the other side of such intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of traffic in or on the intersecting street or crosswalk. This provision shall be effective notwithstanding any traffic-control signal indication to proceed. (1981 Code, § 9-503)
15-504. At railroad crossings. Any driver of a vehicle approaching a railroad grade crossing shall stop within fifty (50) feet but not less than fifteen
7Municipal code reference
Special privileges of emergency vehicles: title 15, chapter 2.
(15) feet from the nearest rail of such railroad and shall not proceed further until he can do so safely:
(2) A crossing gate is lowered or a human flagman signals the approach of a railroad train.
(1) A clearly visible electrical or mechanical signal device gives warning of the approach of a railroad train.
(3) A railroad train is approaching within approximately fifteen hundred (1500) feet of the highway crossing and is emitting an audible signal indicating its approach.
(4) An approaching railroad train is plainly visible and is in hazardous proximity to the crossing. (1981 Code, § 9-504)
15-505. At "stop" signs. The driver of a vehicle facing a "stop" sign shall bring his vehicle to a complete stop immediately before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then immediately before entering the intersection, and shall remain standing until he can proceed through the intersection in safety. (1981 Code, § 9-505)
15-506. At "yield" signs. The drivers of all vehicles shall yield the right of way to approaching vehicles before proceeding at all places where "yield" signs have been placed by the municipality. (1981 Code, § 9-506)
15-507. At traffic-control signals generally. Traffic-control signals exhibiting the words "Go," "Caution," or "Stop," or exhibiting different colored lights successively one at a time, or with arrows, shall show the following colors only and shall apply to drivers of vehicles and pedestrians as follows:
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(1) Green alone, or "Go":
(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
(a) Vehicular traffic facing the signal is thereby warned that the red or "Stop" signal will be exhibited immediately thereafter, and such vehicular traffic shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited.
(2) Steady yellow alone, or "Caution":
(b) Pedestrians facing such signal shall not enter the roadway unless authorized so to do by a pedestrian "Walk" signal.
(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before
(3) Steady red alone, or "Stop":
entering the intersection and shall remain standing until green or "Go" is shown alone. Provided, however, that a right turn on a red signal shall be permitted at all intersections within the city, provided that the prospective turning car comes to a full and complete stop before turning and that the turning car yields the right of way to pedestrians and cross traffic traveling in accordance with their traffic signal. However, said turn will not endanger other traffic lawfully using said intersection. A right turn on red shall be permitted at all intersections except those clearly marked by a "No Turns On Red" sign, which may be erected by the city at intersections which the city decides require no right turns on red in the interest of traffic safety.
(4) Steady red with green arrow:
(b) Pedestrians facing such signal shall not enter the roadway unless authorized so to do by a pedestrian "Walk" signal.
(a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(5) In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. (1981 Code, § 9-507)
(b) Pedestrians facing such signal shall not enter the roadway until the green or "Go" is shown alone unless authorized so to do by a pedestrian "Walk" signal.
15-508. At flashing traffic-control signals. (1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal placed or erected in the city it shall require obedience by vehicular traffic as follows:
(b) Flashing yellow (caution signal). When a yellow lens is illuminated with intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(a) Flashing red (stop signal). When a red lens is illuminated with intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in § 15-504 of this code. (1981 Code, § 9-508)
15-509. At pedestrian control signals. Wherever special pedestrian control signals exhibiting the words "Walk" or "Wait" or "Don't Walk" have been placed or erected by the city, such signals shall apply as follows:
(2) "Wait or Don't Walk." No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to the nearest sidewalk or safety zone while the wait signal is showing. (1981 Code, § 9-509)
(1) "Walk." Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
15-510. Stops to be signaled. No person operating a motor vehicle shall stop such vehicle, whether in obedience to a traffic sign or signal or otherwise, without first signaling his intention in accordance with the requirements of the state law, 8 except in an emergency. (1981 Code, § 9-510)
8State law reference Tennessee Code Annotated, § 55-8-143.
15-601. Generally.
CHAPTER 6
PARKING
SECTION
15-602. Occupancy of more than one space.
15-604. Loading and unloading zones.
15-603. Where prohibited.
15-605. Parking of trucks, buses, in residental districts.
15-607. Violations of §§ 15-605 and 15-606.
15-606. Parking of non-motorized equipment or vehicles in residential districts.
15-608. Presumption with respect to illegal parking.
15-601. Generally. No person shall leave any motor vehicle unattended on any street without first setting the brakes thereon, stopping the motor, removing the ignition key, and turning the front wheels of such vehicle toward the nearest curb or gutter of the street.
Notwithstanding anything else in this code to the contrary, no person shall park or leave a vehicle parked on any public street or alley within the fire limits between the hours of 1:00 A.M. and 5:00 A.M. or on any other public street or alley for more than seventy-two (72) consecutive hours without the prior approval of the chief of police.
Except as hereinafter provided, every vehicle parked upon a street within this city shall be so parked that its right wheels are approximately parallel to and within eighteen (18) inches of the right edge or curb of the street. On one-way streets where the city has not placed signs prohibiting the same, vehicles may be permitted to park on the left side of the street, and in such cases the left wheels shall be required to be within eighteen (18) inches of the left edge or curb of the street.
Furthermore, no person shall wash, grease, or work on any vehicle, except to make repairs necessitated by an emergency, while such vehicle is parked on a public street. (1981 Code, § 9-601)
15-602. Occupancy of more than one space. No person shall park a vehicle in any designated parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the official markings on the street or curb designating such space unless the vehicle is too large to be parked within a single designated space. (1981 Code, § 9-603)
15-603. Where prohibited. No person shall park a vehicle on any street or other public way in violation of any sign placed or erected by the city, nor:
(2) In front of a public or private driveway.
(1) On a sidewalk.
(3) Within an intersection or within fifteen (15) feet thereof.
(5) Within a pedestrian crosswalk.
(4) Within fifteen (15) feet of a fire hydrant.
(6) Within fifty (50) feet of a railroad crossing.
(8) Alongside or opposite any street excavation or obstruction when other traffic would be obstructed.
(7) Within twenty (20) feet of the driveway entrance to any fire station, and on the side of the street opposite the entrance to any fire station within seventy-five (75) feet of the entrance.
(9) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(11) Alongside any curb painted yellow or red by the city.
(10) Upon any bridge.
(12) In any parking space designated as being reserved for the physically disabled, pursuant to Tennessee Code Annotated § 55-21-105(a), except a person who meets the requirements for the issuance of a distinguishing placard or license plate or a disabled veteran's plate, as authorized under the provisions of Tennessee Code Annotated, title 55, chapter 21. A vehicle parking in such space shall display a distinguishing placard or license plate, or a disabled veteran's plate as authorized under the provisions of Tennessee Code Annotated, title 55, chapter 21. The penalty for violation of this subsection shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50). (1981 Code, § 9-604)
15-604. Loading and unloading zones. No person shall park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers or merchandise in any place marked by the city as a loading and unloading zone. (1981 Code, § 9-605)
15-605. Parking of trucks, buses, in residential districts. No truck, defined as a motor vehicle used or maintained for the transportation of property having 3 or more axles or having a gross weight of 8000 lbs. including load and vehicle and no bus defined as a motor designed for carrying more than 10 passengers and used for the transportation of persons may be parked in a residential district on the public streets in a residential district except for loading and unloading.
No truck suitable for handling hazardous materials may be parked on the public streets or on private property in a residential district at any time. (1981 Code, § 9-606)
15-606. Parking of non-motorized equipment or vehicles in residential districts. No person shall park or knowingly permit any non-motorized vehicle or equipment, such as, but not limited to, campers, trailers, boats and other recreational type equipment on any residential street in the city for a period of time longer than 24 hours consecutively. (1981 Code, § 9-607)
15-607. Violations of §§ 15-605 and 15-606. Any violation of § 15-605 and § 15-606 shall be a misdemeanor and punishable by a fine of not to exceed fifty dollars ($50.00). (1981 Code, § 9-608, modified)
15-608. Presumption with respect to illegal parking. When any unoccupied vehicle is found parked in violation of any provision of this chapter, there shall be a prima facie presumption that the registered owner of the vehicle is responsible for such illegal parking. (1981 Code, § 9-705)
CHAPTER 7
ENFORCEMENT
SECTION
15-702. Citations for illegal parking.
15-701. Issuance of traffic citations.
15-703. Failure to obey citation.
15-705. Violation and penalty.
15-704. Impoundment of vehicles.
15-701. Issuance of traffic citations. 9 When a police officer halts a traffic violator other than for the purpose of giving a warning, and does not take such person into custody under arrest, he shall take the name, address, and operator's license number of said person, the license number of the motor vehicle involved, and such other pertinent information as may be necessary, and shall issue to him a written traffic citation containing a notice to answer to the charge against him in the city court at a specified time. The officer, upon receiving the written promise of the alleged violator to answer as specified in the citation, shall release such person from custody. It shall be unlawful for any alleged violator to give false or misleading information as to his name or address. (1981 Code, § 9-702)
15-702. Citations for illegal parking. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by this code, the officer finding such vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation for the driver and/or owner to answer to the charge against him within ten (10) days during the hours and at a place specified in the citation. (1981 Code, § 9-703)
15-703. Failure to obey citation. It shall be unlawful for any person to violate his written promise to appear in court after giving said promise to an officer upon the issuance of a traffic citation, regardless of the disposition of the charge for which the citation was originally issued.
In the event any person fails to comply with a traffic citation ticket given to such person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the traffic court, or if any person fails or refuses to deposit bail as required, he shall be subject to arrest upon the issuance of a warrant. (1981 Code, § 9-704)
9State law reference
Tennessee Code Annotated, § 7-63-101, et seq.
15-704. Impoundment of vehicles. Members of the police department are hereby authorized, when reasonably necessary for the security of the vehicle or to prevent obstruction of traffic, to remove from the streets and impound any vehicle whose operator is arrested or any vehicle which is illegally parked, apparently abandoned, or otherwise parked so as to constitute an obstruction or hazard to normal traffic. Such an impounded vehicle shall be stored until the owner or other person entitled thereto, claims it, gives satisfactory evidence of ownership or right to possession, and pays all applicable fees and costs. The fee for impounding a vehicle shall be five dollars ($5.00) and the storage cost shall be one dollar ($1.00) for each twenty-four (24) hour period shall also be charged. (1981 Code, § 9-701)
15-705. Violation and penalty. Unless otherwise provided, any violation of this title shall be a civil offense punishable as follows: Traffic citations. Traffic citations shall be punishable by a civil penalty up to fifty dollars ($50.00) for each separate offense.
CHAPTER 8
AUTOMATED TRAFFIC SIGNAL ENFORCEMENT
SECTION
15-802. Administration.
15-801. Definitions.
15-803. Offense.
15-805. Penalty.
15-804. Procedure.
15-806. Exemptions.
15-807. Miscellaneous.
15-801. Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning.
(a) The name and address of the registered owner of the vehicle;
(1) "Citations and warning notices" shall include:
(b) The registration plate number of the motor vehicle involved in the violation;
(d) The location of the violation;
(c) The violation charged;
(e) The date and time of the violation;
(g) The amount of the civil penalty imposed and the date by which the civil penalty should be paid, which shall be within thirty (30) days following the date of mailing of the citation;
(f) A copy of the recorded image;
(h) A signed statement by a member of the Millington Police Department that based on inspection of recorded images, the motor vehicle was being operated in violation of § 15-803;
(j) Information advising the person alleged to be liable under this chapter:
(i) A statement that recorded images are evidence of a violation of § 15-803; and
(i) Of the manner and time in which liability alleged in the citation occurred and that the citation may be contested in the Millington City Court; and
(2) "In operation" means operating in good working condition.
(ii) Warning that failure to contest in the manner and time provided shall be deemed an admission of liability, and that a default judgment may be entered thereon.
(3) "Recorded images" means images recorded by a traffic control photographic system:
(a) On: (i) A photograph; or
(ii) A microphotograph; or
(iv) A videotape; or
(iii) An electronic image; or
(v) Any other medium; and
(4) "Speed violations" will include on the data bar the legal speed and verified violation speed of the vehicle, as well as the location and vehicle ownership information.
(b) At least one (1) image or portion of tape, clearly identifying the registration plate number of the motor vehicle.
(5) "Stop line" is a transverse white marking at an approach to an intersection that indicates a point behind which all vehicles must stop when so required by a traffic control sign, signal or device.
(7) "Traffic control photographic system" is an electronic system consisting of a photographic, video or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control sign, signal or device, and to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control sign, signal or device.
(6) "System location" is the approach to an intersection toward which a photographic, video or electronic camera is directed and in operation.
(8) "Vehicle owner" is the person identified by the Tennessee Department of Safety or other states' motor vehicle registration departments as the registered owner of a vehicle or the lessee of a vehicle under a lease of six (6) months or more. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
15-802. Administration. (1) The city police department or an agent of the department shall administer the traffic control photographic systems and shall maintain a list of system locations where traffic control photographic systems are installed.
(3) The city shall adopt procedures for the issuance of citations and warnings under this chapter. A citation or warning alleging that the violation of § 15-803 occurred, sworn to or affirmed by officials or agents of the city based on inspection of recorded images produced by a traffic control photographic system, shall be prima facie evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation of this chapter.
(2) Signs to indicate the use of traffic control photographic systems shall be clearly posted. Signs to indicate the use of traffic control photographic systems shall be posted in advance of individual system locations and may be posted elsewhere in the city.
(4) The citation or warning shall be sent by first-class mail to the vehicle owner's address, as given on the motor vehicle registration records maintained by the Tennessee Department of Safety and other states' motor vehicle registration departments, within thirty (30) days after the date of the alleged violation. Personal delivery to or personal service of process on the vehicle owner shall not be required.
(6) The city may contract with third parties to perform ministerial and clerical functions. No third party contractor shall have the authority to issue citations, and no citations shall be issued except upon the review of the photograph(s), digital and/or video images by the Millington Police Department. Upon review of such images by the Millington Police Department, and upon express approval for the issuance of a citation by the Millington Police Department, a third party contractor may perform the ministerial and clerical functions of preparing, mailing, serving and/or processing citations. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
(5) The City of Millington shall have all necessary power and authority to contractually provide for the purchase, lease, rental, acquisition of equipment required to implement this chapter, and/or to enter into one or more service contracts to fully and necessarily implement the traffic control photographic system and the provisions of this chapter authorized hereby.
15-803. Offense. (1) It shall be unlawful for a vehicle to cross the stop line at a system location in disregard or disobedience of the traffic control sign, signal or device at such location, or to otherwise violate any section of the Millington Municipal Code with respect to obedience to traffic lights, stop signs or traffic signals.
(2) It shall be unlawful for any vehicle to exceed the lawful rate of speed established for any location in the City of Millington. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
15-804. Procedure. (1) A person who receives a citation or warning notice under this chapter may:
(b) Elect to contest the citation of the alleged violation in a hearing before the City Judge of the Millington Municipal Court, in accordance with the instructions on the citation.
(a) Pay the civil penalty in accordance with instructions on the citation, directly to the City of Millington; or
(2) Liability under this chapter shall be determined based upon preponderance of the evidence. Admission into evidence of a citation or warning notice, together with proof that the defendant was, at the time of the alleged violation, the vehicle owner shall permit the trier of fact in its discretion to infer such vehicle owner was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the vehicle owner:
(a) Testifies under oath in open court that the owner was not the operator of the vehicle at the time of the alleged violation, and the trier of fact accepts such testimony as true; or
(b) Furnishes to the city court, prior to the return date established on the citation or warning notice, the vehicle owner's sworn and notarized affidavit or statement, under penalty of perjury, that the vehicle was in the care, custody or control of another person or entity at the time of the violation and accurately identifying the name and accurately stating the current address and relationship to or affiliation with the vehicle at the time of the alleged violation; or
(d) Furnishes to the city court, prior to the return date established on the citation or warning notice, an affidavit or statement under penalty of perjury signed by the vehicle owner and notarized, stating that at the time of the alleged violation the vehicle involved was stolen or was in the care, custody or control of some other person who did not have the vehicle owner's permission to use the vehicle. If the vehicle owner elects to present such an affidavit or statement, the affidavit or statement must include one (1) of the following statements:
(c) Furnishes to the city court, prior to the return date established on the citation or warning notice, a certified copy of a police report showing that the vehicle or the registration plates had been reported to the police as stolen prior to the time of the alleged violation or within a timely manner after the alleged theft occurred; or
(i) The actual operator of the vehicle at the time of the alleged violation is unknown to the vehicle owner; or
(e) In the case of a commercial vehicle with a registered gross weight of ten thousand (10,000) pounds or more, a tractor vehicle, a trailer operated in connection with a tractor vehicle, or a passenger bus, in order to demonstrate that the vehicle owner was not the violator, the vehicle owner shall, in a letter mailed to the city court by certified mail, return receipt requested:
(ii) The actual operator of the vehicle at the time of the alleged violation is known to the vehicle owner. If the affidavit or statement includes this sentence, then the affidavit or statement must also include information accurately identifying the name and current address of the driver of the vehicle at the time of the alleged violation.
(i) State that the person named in the citation was not operating the vehicle at the time of the violation; and
(f) In the event a vehicle owner provides a name and address of a person or entity, other than the vehicle owner, who had leased, rented or otherwise had care, custody, control or possession of the vehicle at the time of the alleged violation, the city shall then issue a citation or warning to the person or entity so identified. (as added by Ord. #2009-15,
(ii) Provide the name, address and driver's license identification number and state of issuance of the person who was operating the vehicle at the time of the violation.
July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
15-805. Penalty. (1) Any violation of the chapter shall be deemed a civil violation, for which a civil penalty of fifty dollars ($50.00) shall be assessed.
(3) No additional penalty or other costs shall be assessed for nonpayment of a citation that is based solely on evidence obtained from a surveillance camera installed to enforce or monitor traffic violations, unless a second notice is sent by first class mail to the vehicle owner, and the second notice provides for an additional thirty (30) days for payment of the citation. If the city sends a second notice to the vehicle owner, and the vehicle owner fails to pay the civil penalty within such time, the city court shall have the authority to enter a default judgment against the vehicle owner in the amount of the fifty dollar ($50.00) civil penalty, an administrative fee/late fee in the amount of seventy-five dollars ($75.00).
(2) Failure to pay the civil penalty by the designated date, or to appear in the city court to contest the citation on the designated date, or to otherwise provide the information required under § 15-804, shall be deemed an acknowledgment by the vehicle owner of an indebtedness to the City of Millington of fifty dollars ($50.00) and shall result in imposition of the stated fine and assessment of court costs and litigation tax by default judgment.
(4) If the violator fails to pay the civil penalty within thirty (30) days after the mailing of the second notice, then in addition to assessment of the administrative fee/late fee provided for above, the city shall have the right to engage a collection agency, either directly or through its photographic system contractor, to collect the unpaid civil penalty, fees and costs. In addition, the city shall have the right to collect from the violator the collection agency's fees, which shall not exceed forty percent (40%) of the sums collected as consideration for the civil penalty, fees and costs.
(6) When a vehicle owner has provided evidence satisfactory to the city court that another person was the vehicle operator at the time of the violation, the same procedures set out above shall apply to such person as to the sending of notices, and payment of the civil penalty, administrative fee/late fee, court costs and litigation tax as are applicable to the vehicle owner.
(5) The amount of any civil penalty, fees, costs or any judgment entered by the city court pursuant to this chapter shall constitute a debt to the city, and the city may enforce said judgment and collect said debt in the same manner as any other debt to the city.
(7) A violation for which a civil penalty is imposed under this section shall not be considered a moving violation and may not be recorded by the police department or the Tennessee Department of Safety or any other state's comparable department on the driving record of the vehicle owner or other driver of the vehicle and may not be considered in the provision of motor vehicle insurance coverage. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
15-806. Exemptions. The owners of the following vehicles are exempt from receiving a notice of violation:
(2) Vehicles moving through the intersection to avoid or clear the way for a marked emergency vehicle;
(1) Emergency vehicles with active emergency lights;
(3) Vehicles under police escort; and
(4) Vehicles in a funeral procession. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
15-807. Miscellaneous. All recorded images generated by the automated traffic control photograph shall be solely owned by the City of Millington. (as added by Ord. #2009-15, July 2009, and replaced by Ord. #2009-22, Nov. 2009, and Ord. #2010-05, March 2010)
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2E-NYS Series
Features
Oil-filled aluminum housing
Nylon volute & impeller
Conduit fitting for mounting
Submerged use only in parts washers
Triple-lip Viton ® shaft seal
For use with UL (PJQU) solvents
300 GPH @ 1
6' cord, no plug
Thermally protected
Construction
Motor — 1/40 HP
Intermittent Liquid Temp. up to — 120° F
Intake — N/A
Discharge — 1/4" MNPT
Housing — Aluminum
Cover — Aluminum
Volute — Nylon
Impeller — Nylon
Shaft Seal — Viton ®
Screen — Nylon
Oil-filled cast aluminum submersible pump for use with stoddard solvent and deodorized kerosene submerged parts washer applications only. Sealed unit has double-lip Viton ® seal and nylon volute with 1/4" MNPT discharge. 6 foot power cord without plug has "Master Builders" conduit fitting at pump housing for mounting. For pumping unheated metal parts cleaning solvent which is UL classified as PJQU, as described in the Gas and Oil Equipment Directory. These refined petroleum distillates are free from tendency to heat spontaneously; they have a closed cup flash point not lower than 100 degrees F. Thermally protected.
2E-NYS Series
Specifications
Replacement Parts
| Volute | 102333 |
|---|---|
| Impeller | 102470 |
| Screen | 102901 |
PO Box 12010 • Oklahoma City, OK 73157
E-mail: [email protected]
Phone: 800.701.7894 • Fax: 800.701.8046
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Recreation & Parks Volunteer Position Description
POSITON TITLE: Trail Steward
PROGRAM: Town of Halton Hills Trail network
CUSTOMER GROUP: No direct customer service. Assist Landscape Architect and Parks & Open Spaces staff.
POSITION PURPOSE: The trail steward supports the successful operation of the Town of Halton Hills trail network by performing regular inspections, reporting deficiencies and performing light maintenance duties like removing litter.
REPORTING TO: Landscape Architect
TIME COMMITMENT: Commitment will vary, though a minimum of one inspection per month is recommended
JOB DURATION: Ongoing
LOCATION: Town of Halton Hills trail network
POSITION DUTIES/RESPONSIBILITIES:
* Walk identified trail on a regular basis to remain knowledgeable about conditions and emerging issues
* Read volunteer orientation manual and attend mandatory training / orientation sessions as required
* Submit reports and advise Landscape Architect on the condition of the trail
* Other tasks as assigned
* Upkeep trails by performing tasks like removing litter, when it is safe to do so
QUALIFICATIONS & SKILLS:
* Age 18 years or older
* Completion of mandatory training
* Good observational skills
* Able to perform work safely in an unsupervised environment. Safe work must be a priority at all times for this position
* Basic communication skills, writing and speech
BOUNDARIES/LIMITATIONS:
* Volunteers are not covered by the WSIB and are not eligible for compensation related to injuries incurred while volunteering
* Volunteer will not preform trail maintenance – deficiencies will be reported to Landscape Architect for further action
* Volunteer will adhere to Town of Halton Hills Parks by-law at all times
* Volunteer is not responsible for enforcing trail rules and regulations.
VOLUNTEER BENEFITS:
* Volunteer gains experience with trail systems
* Volunteer will receive a reference letter confirming their participation in the program
* Meet new people, develop new relationships and engage with the community to make a positive difference for all.
ORIENTATION/TRAINING:
* If volunteer wishes to change their placement, additional training and screening may be required as they transition to a position of higher risk
* Must complete mandatory training prior to starting as a volunteer. The volunteer will independently review the Trail Steward training package.
SUPERVISION & SUPPORT:
If issues or errors are identified when reporting deficiencies, the Landscape Architect or Volunteer Coordinator will follow up with the volunteer and, if necessary, provide retraining. If issues persist after retraining, the volunteer's participation in the program will be terminated.
The volunteer is directly responsible to the Landscape Architect, to whom they will report any trail deficiencies. The volunteer does not receive direct supervision while on the trail.
VOLUNTEER EVALUATION:
Due to the independent nature of their work, trail stewards to not receive evaluation.
RISK LEVEL:
Medium risk level – volunteer performs unsupervised work.
SCREENING:
* Interview
* Application Form
* Signed Agreement Form
* Orientation & training
Date Developed: Draft developed March 14, 2014
Revision Date:
Tel: 905-873-2601 ext. 2273 Fax: 905-873-2347, www.haltonhills.ca
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Stream Gages in the Schoharie Basin
The United States Geological Survey (USGS) maintains two continuously recording stream gages on the Schoharie Creek near Lexington (established 1999, drainage area 96.8 mi 2 , USGS ID# 01349705) and Prattsville (established 1902, drainage area 237 mi 2 , USGS ID# 01350000). Prior to 1996, a crest stage gage was maintained at Lexington starting in 1929. All gage information is available online at the USGS website:
http://waterdata.usgs.gov/ny/nwis/uv/?site_no=01349705 (Lexington) and http://waterdata.usgs.gov/ny/nwis/uv/?site_no=01350000 (Prattsville). You can also navigate to other gages in the Schoharie basin including on the West Kill, East Kill, Batavia Kill, Manor Kill and Bear Kill at: http://waterdata.usgs.gov/ny/nwis/current/?type=flow (Figure 1).
These gages measure the stage, or height, of the water surface at a specific location, typically updating the measurement every 15 minutes. By knowing the stage we can calculate the magnitude of the discharge (flow), or volume of water flowing by that point, using a relationship developed by USGS called a rating curve . Using this rating curve, the magnitude of flow in the Schoharie at the gage location can be determined at any time just by knowing current stage. Flow can also be calculated for any other stage of interest. Additionally, we can use the historic record of constantly changing stage values to construct a picture of stream response to rain storms, snow melt or extended periods of drought, to analyze seasonal patterns or flood characteristics.
The Schoharie gages have a long enough period of record to prepare a hydrograph covering several years for the stream (Figure 2). Each spike on the Prattsville gage graph represents a peak in stream flow (and stage) in response to rain storms. Stream level rises (called the "rising limb" of the hydrograph) and falls as the flood recedes (called the "falling (or receding) limb" of the hydrograph). We can analyze long time periods to see seasonal trends or long-term averages for the entire length (period) of gage record. We can see the hydrograph for the gage shows higher flows in fall (hurricane season) compared to winter (water held in ice and snow), and higher flows in spring (snow and ice melt, with rain-on-snow events) compared to summer (drought conditions with vegetation using a lot of water). The highest flows of the year are generally associated with the hurricane season in the fall, followed by winter and spring snowmelt or rain-on-snow events. Overland flow accounts for most of water that causes the sharp peaks in the hydrograph.
Streamflow always rises and peaks following the height of a precipitation event because it takes time for water to hit the ground and run off to the stream (this is known as lag time). Knowing storm timing, we could also calculate lag time for Schoharie Creek at the gage location for particular storms or types of storms, and determine how the stream responds to storms both in timing and flood magnitude and recession. Through analysis of the long-term flow and flood records provided by the USGS, the town, its residents and resource managers can begin to better understand the cause/effect of various precipitation amounts on flooding.
The hydrograph of April, 2005 illustrates the effects of a spring storm on top of snow (Figure 3). The Schoharie rose quickly from the precipitation from a daily average of 411 CFS to 2,290 CFS in 24-hours. The recession took longer than a large summer storm due to the vegetation still being dormant, or just emerging, and the snow pack.
The unique hydrology of the Schoharie Creek has consequences for how the stream corridor should be managed. Flood history and dynamics play a large role in determining the shape, or morphology, of stream channels and the hazards associated with land uses on the banks and in the floodplain. For example, applications for stream disturbance permits (from NYS DEC) typically increase following floods as landowners and municipalities attempt to repair damage caused by flooding. If we want to minimize their impact on property, infrastructure and other damages or inconvenience, it is critical that we understand and plan for flooding behavior. These stream gages offer a glimpse into the historical flows and provide us with an idea of what we may see in coming years.
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Sexual diversity, the Catholic Church, and all that remains unsaid
Jamie Manson | Sep. 14, 2011 Grace on the Margins
If you?ve visited the NCR Web site recently, you may have noticed an ad for a series of conferences entitled ?More than a Monologue: Sexual Diversity and the Catholic Church.? This Friday, the first of four conferences kicks off at Fordham University?s Lincoln Center campus.
The Fordham gathering will center on the theme ?Learning to Listen: Voices of Sexual Diversity and the Catholic Church.? It will feature a full day of panel discussions from a diverse group of writers, scholars, ministers, and lay Catholic leaders.
Some panelists are gay and lesbian Catholics. Of that group, some are in committed relationships, while others proudly lead celibate lives in accordance with the church?s teaching.
Some panelists are heterosexual. One panelist is a Catholic parent of a gay son, and another ministers to gays and lesbians in a Catholic parish.
Hearing the words ?sexual diversity? and ?Catholic Church? in the same phrase, it would be easy to write off such a conference as another attempt to challenge the church?s teaching on homosexuality.
Not so, says Paul Lakeland, professor of theology at Fairfield University and one of the key organizers of the entire ?More than a Monologue? series. As one of Lakeland?s colleagues at Fairfield this semester, I had the opportunity to chat with him about the impetus for the conferences.
For Lakeland, none of these conferences has as its agenda to attack the church?s teaching on homosexuality.
?All of these conferences are addressing issues that are left open by the church teaching,? he said. Though the hierarchy is explicit in its understanding of same-sex relations, he said there are questions that arise out of its teaching that have not and will not go away.
?The title ?More than A Monologue? means that there is so much more to be said.?
?The official church teaching recognizes that what they are calling gay and lesbian Catholics to do is difficult,? Lakeland points out. ?What we?re doing is exploring aspects of the challenges of the life of gay and lesbian Catholics in the church.?
The organizers of ?More than a Monologue? have designed the conferences to respond to a number of these challenges: What is the actual experience of gay and lesbian Catholics? What can be done about the rates of suicide for teens and college age gay and lesbian students? What is the appropriate relationship between the church and the state over same-sex marriage? How do we care pastorally for gays and lesbians in the church in the light of the hierarchy?s teaching? How do gay and lesbian ministers feel about caring pastorally for people?
?These issues are important even for gays and lesbians who have decided to do what the church has asked of them,? Lakeland said.
I will be one of the many panelists welcomed at Fordham this weekend. As I prepare my presentation, I am struck by the truth of Lakeland?s argument. Both my own story as a lesbian Catholic and the dozens of stories that I have encountered during my years of ministry show me how much of the gay, lesbian, and transgendered Catholic experience remains unexamined.
One experience, in particular, remains seared in my memory.
When I worked as director of faith formation at a Catholic parish in Manhattan, among my responsibilities was preparing parents for the baptism of their infants. The parish was known in many circles for its ministry to gays and lesbians. And, through some grace, even gay people who stayed away from the church for years knew that this parish would welcome them to receive the sacraments and to find community, without fear of judgment or rejection.
From time to time gay parents would come to have their children baptized. This was not insignificant since baptisms were performed publicly during regular weekend Masses.
One day a lesbian couple called to ask if it was true that they would be allowed to baptize their child at the parish. I assured them that they and their child would be welcome. At the time, one of the women was about three months pregnant with twin boys. Since it wasn?t our practice to schedule baptisms before birth, I asked them to call me after the babies were settled in at home.
About two months later, I received the sad news that the mother had miscarried. So great was this couple?s grief that they felt a need for some kind of liturgy, some form of a ritual that would bring them comfort, and assure them that their boys had been received into heaven.
These women did not attend church regularly, but in their time of deepest need, they turned to the church of their upbringing for comfort. They turned to a church that had done so much to turn them away. Yet, still, the church?s liturgy spoke to their hearts. All they wanted -- for themselves and their children -- were the same rites that would be offered to any grieving Catholic parent.
A priest on staff and I crafted an appropriate liturgy for the women and their family and friends. Since I had worked closely with the couple, the priest invited me to read parts of the service. Dozens of mourners streamed through the doors, many still in disbelief that such an event could take place within the walls of a Roman Catholic parish.
Of all of my experiences in ministry, this was perhaps one of the most clarifying. I saw that the real power and promise of the church flourishes when it transcends its preoccupations with personal morality, and lovingly reaches out to those facing their profoundest moments of despair, confusion, and sorrow.
This one small story is in some ways a meta-narrative about the church?s willingness to bestow the sacraments on anyone who approaches them with an authentic desire to share in their God-given grace.
Should the church refuse to offer baptisms to infants if their parents violate a church teaching? Should grieving parents be denied the comforts of the church?s rites if those parents are of the same sex? How should the institutional church act on the biblical and theological conviction that nothing can separate us from the love of God?
These are just a few of the challenges that may arise throughout the discourse presented throughout these four conferences. After the Fordham conference, Union Theological Seminary will consider the suicide rate among
LGBTQ teens and college students. Experts from the fields of law and ethics will discuss gay marriage at Yale Divinity School. The final conference, to be held at Fairfield University, will contemplate the relationship between sexual diversity and ministry.
Though it is likely that no consensus or unequivocal solutions to these challenges will be reached, ?More than a Monologue? offers something that is perhaps much more crucial: A dialogue that exemplifies just how much still remains unsaid about sexual diversity and the Catholic Church.
[Jamie L. Manson received her Master of Divinity degree from Yale Divinity School where she studied Catholic theology and sexual ethics. Her columns for NCR earned her a first prize Catholic Press Association award for Best Column/Regular Commentary in 2010.]
Editor's Note: We can send you an e-mail alert every time Jamie Manson's column, "Grace on the Margins", is posted to NCRonline.org. Go to this page and follow directions: E-mail alert sign-up [1]. If you already receive e-mail alerts from us, click on the "update my profile" button to add "Grace on the Margins" to your list. For more information and to register for the conferences, please visit morethanamonologue.org. Registration is free, but it is required to attend.
Source URL (retrieved on 03/27/2017 - 07:01): https://www.ncronline.org/blogs/grace-margins/sexualdiversity-catholic-church-and-all-remains-unsaid
Links:
[1] http://ncronline.org/email-alert-signup
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Time to Cook!
Keep it simple and cook family favorites. Plan ahead for parties and drop-ins Enjoy!
Holiday Pantry
Keep items stocked to make you r life easy and stress free!
Easy dessert________________________________
Easy appetizer______________________________
Easy side dish_______________________________
Hostess gift_________________________________
Holiday Menu for Main Meal
Fix your family favorites; this is not the time to experiment on them! In the margin put the cookbook name and page number. On another page list the Ingredients on your shopping list. Mark them off as you have pre-purchased these items. If you are like me; you always cook too much anyway!
Meat ____________________________________________
Salads___________________________________________
Side Dishes _______________________________________
_______________________________________ _______________________________________
Bread ___________________________________________
Desserts_________________________________________
Beverages_________________________________________
Holiday Breakfast
Keep it simple and something you can make ahead
Entrée ___________________________________________
Side dish ________________________________________
Fruit_____________________________________________
Juice ____________________________________________
Beverages_________________________________________
Holiday Party Food
Keep it simple so you can enjoy the festivities!
Meat Appetizers ____________________________________
Cheese Appetizers___________________________________
Dips_____________________________________________
Veggie Appetizers___________________________________
Fruit Appetizers____________________________________
Cookies ___________________________________________
Candies___________________________________________
Cakes____________________________________________
Beverages_________________________________________
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Charlestown, MA 02129 www.aceso.com
Aceso Interactive and Truven Health Analytics Partner to Deliver Essential Medication Information to Patients
FOR IMMEDIATE RELEASE
Boston, MA, —Aceso®, a leading provider of patient engagement and media solutions in the healthcare industry and Truven Health Analytics™, an IBM company and a leading provider of healthcare data and analytics solutions and services, announced a partnership to improve patient engagement by delivering information about specific medications to the patient's bedside TV, mobile device, computer, or electronic white board, eCareBoard®.
The partnership is designed to automatically deliver important medication information to patients, enabling them to view medication details at their leisure and at the time of administration. Aceso will integrate with Truven Health's Medication Essential Fact Sheets and Micromedex® CareNotes®, part of Truven Health's Patient Connect Suite of patient education solutions. Aceso's UpCare®, interactive patient engagement solution and eCareBoard® a digital interactive white board, will display seamlessly the integrated Truven Health products on any endpoint device the customer chooses.
Geoff Fiedler, Aceso's President and Co-Founder stated, "Integrating Truven's "essential facts" into Aceso's open platform represents the next leap in our system's maturity. Patients now have the ability to receive easily comprehensible medication information at the point of care improving HCAHPS and decreasing hospital readmissions. This represents another innovative industry first which could generate true value for our clients."
Hospital reimbursements are partially based on how well patients perceive their care (HCAHPS Survey). Aceso and Truven will assist hospitals to enhance the patient experience and boost medication-related HCAHPS scores. Medication Essential Fact Sheets will provide patients with information to help them understand their medications.
ABOUT ACESO®
Aceso (Uh-kesso) is transforming the patient, guest and clinician experience in healthcare. Aceso is headquartered in Boston, Massachusetts and offers patient centric solutions; UpCare™, eCareBoard®, and Hospital Television Network, (HTV) all designed to engage, educate and entertain patients in their healthcare journey. Aceso's open, enterprise wide technology architecture is powered by UpTech™, which enables healthcare organizations to interoperate with current technology footprints. Our approach is to cohesively enhance the patient experience, increase patient satisfaction scores, optimize clinician workflow and increase communication. Aceso's clients are the largest and most prestigious health systems in the United States. Please visit www.aceso.com for more information.
ABOUT TRUVEN HEALTH ANALYTICS
Truven Health Analytics, an IBM Company, delivers the answers that clients need to improve healthcare quality and access while reducing costs. We provide market-leading performance improvement solutions built on data integrity, advanced analytics, and domain expertise. For more than 40 years, our insights and solutions have been providing hospitals and clinicians, employers and health plans, state and federal government agencies, life sciences companies, and policymakers the facts they need to make confident decisions that directly affect the health and well-being of people and organizations in the U.S. and around the world.
40 Warren Street
Charlestown, MA 02129 www.aceso.com
Truven Health Analytics owns some of the most trusted brands in healthcare, such as MarketScan ® , 100 Top Hospitals ® , Advantage Suite ® , Micromedex ® , Simpler ® , and ActionOI ® . Truven Health has its principal offices in Ann Arbor, Mich.; Chicago; and Denver. For more information, visit truvenhealth.com
Contact for Further Information:
Gerry Smith
Public Relations at AcesoPhone: +1 413-279-9124
[email protected] www.aceso.com
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Is the killer of the archbishops kidnapped in Syria in Istanbul?
We still don't know the whereabouts of the Antioch Orthodox Patriarchate Metropolitan of Aleppo Pavlus Yazici and the Syriac Orthodox Metropolitan of Aleppo Yuhanna Ibrahim that were abducted in Syria on April 22, 2013. After a serious investigation, Researcher Erkan Metin has stunning claims about the kidnapping of the archbishops. According to Metin, the archbishops were most likely kidnapped by a group of 70 people affiliated with Northern Director of the Islamic State of Iraq and Damascus (ISIS) and most likely these archbishops were killed.
UYGAR GÜLTEKİN [email protected]
"I don't understand why Turkish Republic is hiding the arrest of Magomed Abdurrahmanov who is allegedly beheaded three people and killed the two kidnapped Archbishops."
We still don't know the whereabouts of the Antioch Orthodox Patriarchate Metropolitan of Aleppo Pavlus Yazici and the Syriac Orthodox Metropolitan of Aleppo Yuhanna Ibrahim that were abducted in Syria on April 22, 2013. There is no any reliable information regarding the fate of these archbishops since they were kidnapped. The Ministry of Foreign Affairs kept saying that diplomatic efforts were made regarding the kidnapping of the archbishops. The images that show the two archbishops were killed have been refuted and the claims that the killers were caught in Konya were also refuted by the officials.
Researcher Erkan Metin has stunning claims about the kidnapping of the archbishops following his research about the kidnapping. According to Metin, following the kidnapping, there has been speculative information. Metin also indicated that he researched the kidnapping from the sources that anyone could have access. According to Metin, the two archbishops have been kidnapped by a group of 70 people affiliated with the Northern Director of the Islamic State of Iraq and Damascus (ISIS) and most likely they have been killed. The claim is extremely shocking: Ebu Banat, who is known to be the leader of the group that kidnapped the archbishops as well as committed many brutal murders, is still in Maltepe Prison in Istanbul.
What are the dark secrets on the kidnapping of the archbishops?
The kidnapping took place exactly in the middle of where the chaos is. In this sense, every aspect of the incident is difficult to determine. For Syriacs, the kidnapping of their archbishop who is likely to be the next Patriarch, is a historic event. However, Syriacs do not even know what to think after all the false and speculative information is around. They can only pray for the safe return of their archbishop. At this point, everybody wants to know and learn the truth. However, it is not possible to get to the truth when there are some parties with differing interests in the incident.
What was the reason you needed to research the issue?
Archbishop Ibrahim was a major name in mediation of many controversial incidents during the Syrian civil war. It was almost certain that he was going to be the next Syriac Patriarch. However, the Syriac society faced with a flood of lies and false news after the kidnapping incident. Nobody knew the truth. As a Syriac, I was curious to understand what actually happened and I started to research about the subject for months.
We know that the drivers were killed during the kidnapping of the archbishops. What else do we know about the kidnapping?
On April 22, Archbishop Ibrahim met Archbishop Yazici, who was returning to Syria from Turkey, at the Syrian Turkish border gate Bab-El-Hawa. There were the driver Fathallah and Fuad Eliya in their car. On the way to Aleppo, they were able to smoothly cross a Free Syrian Army check point which was located about 20 km from the border. A short time later, a car with armed men started to follow them and then cut their way. Eight armed men took the driver and Fuad Eliya out of the car and instead two armed men got into their car and kidnapped the archbishops. The body of the driver was found by a rebel in an area of nearby factories.
Who killed the driver?
I am guessing that while the driver was trying to escape, he was killed by the sniper belong to the Syrian army who stationed in an old military building because the snipers in that area were shooting anyone they could see. However, Fuad Eliya survives but I couldn't learn how he was able to survive. According to an article published by Lebanon's As-Safir newspaper, Witness Eliya indicated that the kidnappers were individuals dressed like Chechens and they did not speak Arabic. We could not hear from the archbishops anymore.
Who is Fouad Eliya who survived the incident? What is he doing right now?
Fouad Eliya is the only survivor who witnessed the kidnapping. He has a friendship with Archbishop Ibrahim. Eliya was one of key figures of the Communist Party in Syria. He was imprisoned by the regime for a long time. He has political ties with the rebels which I could not fully understand. I am guessing that Archbishop Ibrahim was taking him alongside for this reason. Currently, Eliya inexplicably prefers to remain silent. Now, I don't know where he is and what he does.
Who is the group that kidnapped the archbishops?
When we look at the Fouad Eliya's statements reflected in the media and the dominant forces in the region where the kidnapping took place, we see that the group involved in the kidnapping was the one which has Caucasian origin. This group was Mucahir and Ensar army under the command of Ebu Omer Sisani who is affiliated with Iraq and Damascus Islamic State of North Director (ISIS). This organization is basically a jihadist organization which is the Caucasus Emirate's Syria branch. There are also small groups connected to this organization. I think that the kidnapping was conducted by one of these small groups which is a group of 70 people under the command of a person named Ebu el-Banat. This group occupied a village called Meshed Ruhin in Aleppo area in April and declared sharia in this village. According to an article published at a pro Free Syrian Army source named "all4syria.com", prior to the kidnapping, an investigation about the group had already been started. In a video image that I was able to access, it could clearly be seen that Ebu Banat had beheaded three people in a village square prior to April 19 th . The international community learned about Ebu Banat from this video image of the beheadings. Ebu Banat had the most active days during the kidnapping. According to another article of the same source, along with some other rebel activities, this group had also involved with kidnapping of the two archbishops. In addition, in according to the two sentences in an article called "Russian traces in Syria" which was published at Caucasus Emirate's unofficial site known as kavkazcenter.com, Ebu Banat was the one who kidnapped the archbishops.
What type of connections does the group of kidnappers have with other rebel groups?
The group of kidnappers has an allegiance to a group called "Muhacir and Ensar army" which is affiliated with ISIS. According to the information recently emerged, Muhacir and Ensar army commander, Omer Sisani was an ex-Georgian military officer. I was able to access to some information that would confirm that the leader of the most feared group in Syria, Sisani was the same person known as Ebu Omer el-Kuwaiti who is the mastermind and the financier of the current ISIS northern area commander, Ebu Banat's group. In addition, according to two separate articles published in Russian media, Samil Izmailov who is also known as Abu Halif is the joint leader of this group.
What is the current status of the group?
Sisani still continues his rebellious activities. However, Ebu Banat's group is disbanded. This group probably came into armed conflict with the Free Syrian Army at the end of June in 2013 and then it is disbanded in Meshed Ruhin which was a village that this group invaded. Ebu Banat and Ebu Halif were able to survive from the conflict. Some of the group members who were able to survive the conflict continue their activities.
Are there any similar events in Syria?
There is an explosion in the number of kidnappings in Syria. There are numerous cases, but the relatives of the kidnapped persons held for ransom somehow get the news about the kidnapping. However, we have not heard anything from these two archbishops. There are only rumors. Another similar mysterious event was the kidnapping of Catholic priest Paolo Dall' Oglio. It appeared that Dall' Oglio had been murdered.
Was the kidnapping of the archbishops planned?
The group that I think it carried out the kidnapping is known for sadistic practices. It made me to think that the kidnapping was not planned when we look at Witness Eliya's testimony about how the incident happened, the psychopathic personality of Ebu Banat, and the efforts of Ebu Banat to prove his authority in the village that he invaded. However, we don't have enough data to say anything concrete about it.
You mentioned that the archbishops were killed with a bomb. Was this kind of murder committed before?
This is a detail in an article published in Kavkazcenter site. This is a possibility. However, it seems that this is the most logical possibility so far. We know that Taliban in Afghanistan executes its captives by attaching bombs to the captives to demonstrate its power. It is not common murder method but it can be considered another way to execute its captives besides beheading the captives. In this sense, it fits to Ebu Banat's psychopathic personality. Besides, if they are dead, dying with a bomb would cause the body of the victims to disappear.
How do we arrive at the conclusion that they were killed? What are the factors contributing to this conclusion?
The kidnappings in Syria result in two ways: The kidnapped is either being killed or staying alive. It is risky and burdensome to keep the kidnapped alive. If they are kept alive, the purpose is either for a ransom or for an exchange. The news of many kidnappings or exchanges turned out to be false later did not reach to a conclusion. The other possibility is that they had been killed. This possibility is more likely due to a small detail revealed in a website belongs to the Caucasian Emirate. In addition, last October, some Russian newspapers confirmed the information that I put out. Russians know these groups and they are watching them. Russian Duma spokesman said that they received information that the archbishops were killed on July 1 st In addition, according to the information based on the Russian newspaper RIA Novosti, the two.
archbishops were killed by this group in the summer. In other words, same information was put out by groups with different interests.
Ebu Banat is known around the world for the gruesome images of the beheadings. I was able to find some raw video images that were not published anywhere else. This guy keeps on beheading people day and night. I mean he uses violence out of proportion. Ebu Banat demonstrates his violence in order to increase his authority in Meshed Ruhin which is a village he declared his Emirate. It wouldn't be logical to expect these archbishops to be alive if this group truly kidnapped these archbishops.
What are the resources that would confirm that Ebu Banat was the killer of the archbishops?
The first review about Ebu Banat was written a week prior to the kidnapping in all4syria.com which is a website affiliated with the Free Syrian Army. They suspected the activities of Ebu Banat's group and they wanted to go to Meshed Ruhi village to investigate. Fire has been opened on them. However, the incident was being covered claiming that it was a mistake. It is found out from a review that there has been a lot of money and weapon in the group, but the group did not participate in an active war. Itab Mahmud, who wrote the review, named the camp as "fantasy camp". According to another article published a few months after the kidnapping on the same website, this group disbanded after a fight with the Free Syrian Army and the leader of the group is considered as an agent. The group's past activities are listed in the article perhaps after an investigation in the village. In this list of the group's activities included an assassination of the Free Syrian Army commander and similar activities and the kidnapping of the two archbishops. I also ran into similar the Free Syrian Army reports on a French diplomat's website.
My other resource is an article published at a website called kavkazcenter.com which is administered in Istanbul and is almost an official media outlet for Caucasus Emirate that is administered by Jihadist Doku Umarov. In addition, I reviewed hundreds of websites and images in order to reach the findings. Ebu Banat's group is known well because of the beheadings performed by this group. Der Spiegel wrote partially about this group. In October, some Russian newspapers also wrote some information about this group that would confirm my findings. In addition, I found some information on Kavkazpress.ru that was obtained from those who knew Ebu Banat and his family in Dagestan. I came across some raw video images of Ebu Banat's acts of beheadings and some other images from the group prior to its split up on vk.com/aboodaud. Those who want to see the resources about the subject, they can find them in my article published at suryaniler.com.
Ebu Banat is at Maltepe Prison. What happened to Ebu Banat?
Last July, it is claimed that three people were caught in Konya, who have allegedly a connection to the kidnapping of the archbishops. Turkish Officials said that these people have nothing to do with the kidnapping. The Foreign Affairs Ministry indicated that they were foreign people who had visa problem and that they were deported. However, during my research, I found out that one of these people was Ebu Banat. His real name is Magomed Abdurrahmanov. He had
arrested on July 4 th for being a member of an armed terrorist organization. He is being held at Maltepe Prison right now in the section where the foreign prisoners are kept. His file is being held as secret. The prosecutor had not prepared the charges for these prisoners. However, Foreign Affair minister himself indicated to the Syriac leaders who visited him on July 19 th which is exactly 15 days after Ebu Banat's arrest that this man had nothing to do with kidnapping of the archbishops and that he was deported. Why are the Turkish officials hiding the arrest of Magomed Abdurrahmanov who is allegedly beheaded three people and kidnapped the two archbishops? I don't understand. The truth should come out.
How do we know Magomed Abdurrahmanov is Ebu Banat?
I found about his real name in Liveleak internet site where the video images of beheading were first uploaded. Later on, when these video images went viral around the globe, some people who knew this man started to write about him on some Russian websites. I reviewed all this information. His identity, his past and even his youth pictures were started to emerge. This information was matching the information I was getting in my research. Magomed Abdurrahmanov was from Dagestan and he was an ex-police officer. The name of the person who got captured is also the same. The names of his father and mother are also matching. In other words, there is no way he can be somebody else.
What else do we know about Ebu Banat?
Jihadist people use nicknames. Ebu Banat is also a nick name. The meaning of the name in Arabic is "The girls' father". He was born in 1974. He had worked as a police officer in the town of Hadzhalmahi located in Levashinskogo. He founded a group named Omer Sisani which is affiliated with Caucasus Emirate. He settled down in a village named Meshed Ruhi nearby Aleppo in April and he committed gruesome atrocities and demonstrated his brutal practices.
The world learned about him in July from the video images in the internet that showed he was beheading a priest named Francois Murad and beheading other two people. However, later on, it turned out that the person who was shown the video image as being beheaded was not Francois Murad. At the end, it is certain that Ebu Banat is a person who could easily behead people and have unbelievably brutal practices.
(This news story was published in Agos, 918 th Edition in December 6, 2013.)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION
PAUL ANTHONY GAYWOOD,
Petitioner,
v.
SCOTT HASSELL, et al.,
Respondents.
)
)
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Case No.: 4:12-cv-3823-JFG-PWG
MEMORANDUM OPINION
This case is before the court on the Respondents' Motion to Dismiss as Moot filed June 21, 2013. (Doc. 7). In their motion, the Respondents note that the Petitioner was removed from the United States on May 30, 2013. (Doc. 7-1). Because the Petitioner has been removed, the court can no longer provide meaningful relief. Thus, the court finds that the petition for writ of habeas corpus is moot. See Nyaga v. Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003). Accordingly, the Respondents' motion to dismiss is due to be granted and the petition is due to be dismissed.
The court will enter a separate Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 27th day of November, 2013.
____________________________________
KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE
Dockets.Justia.com
N.D. OF ALABAMA
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Inventions and Collaborations
Johanna P. Schwartz, Ph.D. Klarquist Sparkman LLP [email protected] 503.595.5300 | klarquist.com
I worked with a collaborator to develop my invention. Do I have to list the collaborator as an inventor on my patent application?
Maybe. Inventorship is determined by reference to the claims. An inventor is any person who "contributed to" the "conception" of at least one feature of a claim. By way of example, an individual who simply carries out the intellectual concepts of another is not an inventor. Thus, inventorship is determined by an objective review of the claims and consideration of who contributed to the claimed features. Inventorship is a legal determination; omitting or over-including inventors may have serious repercussions on the validity of any patent(s) issuing from the patent application. An experienced patent practitioner can help you assess questions regarding inventorship.
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Simulating radio communication complexity in regional airspace design
Neale L. Fulton*, Mark Westcott*
*CSIRO Mathematical and Information Sciences (CMIS), Canberra, ACT 2601, Australia and
Stephen Emery^
^School of Civil and Environmental Engineering, University of Witwatersrand, Johannesburg, South Africa
In the early 20th century, pilots flew without any inter-aircraft communication. As traffic movements grew, the earth's atmosphere was partitioned into relatively small volumes called sectors. A low-level "area" sector reaching to ground level covered a wide area and typically enclosed many different airports. For the purpose of this paper, a particular radio frequency was assigned to the sector for the specific purpose of enabling communication between all the many aircraft at the different airports and the many enroute aircraft and, for the further purpose, of enabling aircraft-to-ground communication. As air traffic management (ATM) systems evolved and traffic flows increased, new and smaller volumes around airports (called Mandatory Broadcast Zones (MBZ) or Common Traffic Advisory Frequencies (CTAF)) were introduced with additional frequencies. However, as a consequence, communication transactions and protocols became more complex and the larger area sectors became isolated in frequency from the smaller volumes surrounding the airports.
In this increasingly complex environment pilots still must be able to communicate with each other if their aircraft come into proximity. This requirement applies regardless of the relative position and aspect of the aircraft pair within either the same or adjacent sectors. Pilot-to-pilot communication must be achieved with a high dependability (a reliability and safety concept) of the various communication links operating between the aircraft at the time of proximity. In general, a communication transaction may require a number of physical transmissions to implement the radio procedure protocols. The time taken to complete a transaction will vary based on the protocol requirements but this finite time introduces both engineering and operational complexity into the design. A broadcast is a particular type of transaction used to promulgate an aircraft's position and immediate intentions. The broadcast consists of only one physical transmission and is the focus of this study.
This paper is concerned with assessing the physical feasibility of inter-pilot communication when their aircraft are in, or near, radio frequency structures such as MBZ or CTAF. It examines how the structures might affect the dependability of communication between the aircraft. The distinctive feature of the structures studied is that communication occurs on different frequencies at different points in airspace. This means that pilots in relatively close spatial proximity might not be operating on a common frequency. When combined with relatively long transaction times, this has the potential to fatally inhibit timely exchange of information critical to successful avoidance of a midair collision. The design question that arises, regardless of the precise geometrical description of such structures, is:
What impact do radio frequency structures have on the dependability of pilot-to-pilot communication that must exist between the proximate aircraft in order to manage that proximity?
We show that both normal operational modes and failure modes arise for the MBZ/CTAF structures. The modes discussed are similar to failure "modes" of operation identified in Flight Management Systems designs. These failure modes (e.g., mode confusion within the pilot-machine interface) are discussed in the aerospace literature.
The paper uses a simple but revealing model of aircraft operation within a multiple radio frequency structure to study the operational modes. The model is not intended to be complete or exhaustive; its role is to demonstrate design principles and processes that should be considered in order to achieve required levels of system design confidence. One important conclusion is that circumstances in which problems can arise are not easily predictable during in-flight operations. This means that operational experience is not necessarily a good basis on which to predicate the extrapolation of system design behaviour, as aircraft might often be operated close to a failure mode without the pilots realising it and so they may erroneously conclude these modes do not exist. The model allows an exhaustive description of the failure modes once parameters such as aircraft speeds and headings, radio frequency structures and communication transaction lengths are specified. To show how the failure modes are influenced by these parameters, the paper uses a novel form of nested plot for high-dimensional data that was developed for similar displays in an independent study for a large commercial contract.
Keywords: aircraft proximity, flightpath arrangement, partition, bipartite graph, cluster.
1. Introduction
Historically, one radio frequency serviced many airports in a specified region. More recently (1991 - 2009) circular cylindrical airspace structures, located at an airport, have been introduced in Australia. The rationale presented is to contain communication associated with circuit traffic to special frequencies, removing the need to service airport communication loads from the area frequencies. Two similar structures have been introduced; CTAF and MBZ (AIP, 2001), as illustrated in Fig1.
For our purposes, the only difference between the CTAF and the MBZ is the radius, B, of the cylinder. The radius is typically 5 NM for the CTAF, but may range from 5 NM to circa 30 NM for the MBZ. Radio procedures prescribe the use of an area frequency to broadcast intentions when operating outside the cylinder and on a second frequency when entering or operating within the cylinder. To avoid mid-air collisions, pilots must be to able to inform other aircraft of their present position, speed and track. While the intent of these structures is clear it is also clear that communication between aircraft can degenerate when aircraft operate near to or have to transition the MBZ/CTAF boundary. This arises because two aircraft in close proximity can have different frequencies selected on their radios.
A fundamental design requirement is for pilots of proximate aircraft to be able to achieve a prescribed alert time. Fulton (2002) and Fulton, Baird and Smith (2003, 2002) have investigated these times when aircraft cross radio frequency boundaries. For the simplest case, the absence of a radio frequency boundary, when aircraft operate on the one area frequency, most aircraft can achieve a five minute alert time if they report inbound at 30 NM. Only the fastest aircraft with the highest relative closing speed (250 - 500 Kts) fail to meet this criterion achieving instead a three minute alert when relative closing speed combinations are in the range 250 - 500 Kts. When a radio frequency boundary is introduced, these alert times can no longer be guaranteed. Pilots then need to synchronise frequencies in order to be able to communicate (note that the airspace design must work for aircraft equipped with only one radio). In this situation it is essential that an alternative mode of communication be used to back up the communication links while the pilots make the transition from one radio frequency to the next. If an independent and alternative mode of communication is not available then the high dependability (see Villemeur, 1992) of operation cannot be assured.
This study and others referenced, show that removal of ground-based traffic information, or tower services means that pilots may not have sufficient time to communicate relevant information using long transaction time communications such as direct Pilot-to-Pilot Voice Link (PPVL). The paper does not advocate the removal or making voice communication obsolete but rather emphasises the care needed in the design of communication systems. For example, failure can arise because critical calls may be blocked; calls may not be scheduled in the correct priority order; the channels may saturate during times of peak demand. A poor system design becomes open to various failure modes.
2. A hybrid design model for an MBZ/CTAF
In assessing the performance of an MBZ/CTAF structure it is critical to consider both the kinematics of aircraft proximity and the logical communication process needed to control that proximity, and the interaction between them. The main points we emphasise are:
* There are certain combinations of kinematic and logical conditions where MBZ/CTAF structures will fail.
* The MBZ/CTAF procedures when operated under self-separation provide no warning as to when failure will occur.
* ICAO (2001) Annex 11 requires continuity of service.
* If self-separation (segregation) functions are augmented by separation functions then failure instances can be reduced. However, this is no guarantee, as demonstrated by Sioux Lookout accident (TSB-Canada, 1995).
* Pilots may use the procedures many times without failure only to find that, on the next operation, a small deviation in procedures or timing takes the system to a failure mode (see Degani (1996) on flight management systems).
The model
At time zero, an outbound aircraft, O, takes off from an airport. There is another (inbound) aircraft, I, in the area on a collision course with O. Each is initially unaware of the presence of the other. So they will collide unless they communicate in time to take appropriate evasive action. Note that I could be planning to land at the airport or just be in transit in the vicinity of the airport. We make the following assumptions throughout.
Kinematic assumptions
K1. Each aircraft, in each scenario, has a prescribed constant resultant velocity vector, and , respectively. O V I V
K2. The initial position of I is such that O and I will collide if each aircraft achieves its resultant velocity vector.
Communication assumptions
C1. There are two communication frequencies used; an inner frequency in the neighbourhood of the airport, and an outer (area) frequency elsewhere. 1 f 2 f
C2. Aircraft on different frequencies cannot communicate.
C3. There can be only one transmission at a time on a frequency; all other transmissions on the frequency are blocked.
C4. O broadcasts on as it takes off. It then broadcasts on as it exits a cylindrical region of radius b (<B). 1 f 2 f b C
C5. I broadcasts on as it enters a cylindrical region of radius B. If it later exits it will broadcast again on . 1 f B C b C 2 f
C6. The transmission lengths for each aircraft, and , are constant but possibly different. O u I u
C7. If the aircraft communicate successfully they will avoid a collision. Successful communication means that a complete transmission is made by one aircraft and received by the other aircraft.
Other assumptions
A1. O and I can manoeuvre instantly to avoid a collision, so pilot and aircraft control reaction times are ignored.
A2. B > b (this is to avoid extra complications, for purposes of exposition)
A3. I is not transmitting on at time 0, so the initial transmission by O is never blocked. 1 f
Assumption A3 will sometimes not be used. These assumptions are clearly simplistic. However the results that come from them show that there is a considerable variety and complexity of possible interactions between O and I even in this case, which is the main point of the paper.
The plane defined by and is called the engagement plane, and all planar figures are drawn in this plane. So we can define a Cartesian coordinate system in this plane, with origin at the airport, and without loss of generality we assume O flies along the x-axis; thus , where is the speed of O. We write for the speed of I, and O V I V ) 0,1( O O V = V O V I V γ for the speed ratio; thus O I V V = γ .
Assumption K2 implies that the relative velocity vector , which also lies in the engagement plane, must go through the origin. This is a partial explanation for the complexity of the results; the kinematics are most naturally analysed in relative velocity space while the communications rules relate to absolute space. The situation is shown in Fig2, where O I R V V V − = θ is the track intercept angle (it is 180 – the relative heading of I) and φ is the polar angle of . Another way to view K2 is that the position of I at is on a line through the origin at angle R V 0 = t φ . Its (polar)
Fig2: Velocity space for proximate aircraft
distance from the origin is written as either ) 0 ( ξ or . The time to collision, , is then given by 0 ξ c t (0) c R t ξ = V .
3. Operational modes - success and failure
Because we have assumed that the two aircraft can react instantly to avoid a collision once they have communicated fully, it follows that a collision can only occur during a transmission by one or other aircraft. This means that the problem naturally partitions into a number of communication regimes. Provided the track of I does not exit before meeting the track of O, these are defined as follows (assuming A3). Here, is the time when I enters and is b C I t B C O t the time when O exits . b C
If we do not use A3, Regime 0 becomes two regimes, Regimes 0a and 0b, say. These are defined as follows.
Each regime is closely associated with a communication failure mode, or mode for short, as follows.
| Mode | Description |
|---|---|
| Mode 0 | Collision during initial transmission by O. |
| Mode1 | Collision during transmission by I that was initially blocked by O’s transmission; i.e. during Regime 1. |
| Mode 2 | Collision during transmission by I at entry to C ; i.e. during Regime 2 B |
Again, if we do not use A3 then Mode 0 becomes two modes.
In principle, Mode 0 can occur during either of Regimes 0 or 1. It cannot occur during Regimes 2 or 3, since in either case . In practice, it is likely to occur only during Regime 0. The other three Modes are specifically associated with a single Regime. In practice, all regimes and modes are likely to be realisable; in principle, some may be void. For example, if then avoidance of a Mode 0 failure puts O outside and hence beyond Regime 1. c I O t t u < ≤ B u v O O > B C
The requirement that "the track of I does not exit before meeting the track of O" always holds for b C θ acute, and in some cases for θ obtuse. If it does not hold, we have to include the extra possibility of interacting communications when both O and I are exiting . b C
4. Analysis of the head-on case (with A3)
To illustrate the concepts in the simplest mathematical setting, which still illustrates most of the possible complexities, we analyse the case where the two aircraft are approaching head-on (θ = 0). Clearly 0 = φ . Further, it is easy to see that c I O t v v ) ( 0 + = ξ and ( ) I I v B t − = 0 ξ .Assume that O I O t u u < + ; this ensures that all four Regimes can occur. Then:
```
Regime 0 occurs when B ≤ 0 ξ ; Regime 1 occurs when I O v u B B + ≤ < 0 ξ ; Regime 2 occurs when I O I O v t B v u B + ≤ < + 0 ξ ; Regime 3 occurs when ξ < + v t B .
```
0 I O
Now we look at the associated failure Modes. We want to express the condition for each Mode in terms of 0 ξ . This is straightforward for all Modes except Mode 2, because of the simple connection between the defining and c t 0 ξ given above. Mode 2 is more complicated in general because the Mode definition involves , which is itself a function of I t 0 ξ . However, we must be careful with cases where certain Modes become irrelevant.
Mode 0 occurs when O I O u v v ) ( 0 + ≤ ξ.
Mode 1 occurs when , or equivalently I O c O u u t u + ≤ < ) )( ( ) ( 0 I O I O O I O u u v v u v v + + ≤ < + ξ during Regime 1, provided this does not intersect with Mode 0; that is, provided B u v v O I O ≤ + ) ( . Otherwise, we have two possibilities:
.
```
a. . In this case the lower boundary of the Regime 1 region is rather than B O I O O O u v v B v u ) ( + ≤ < O I O u v v ) ( + b. . In this case Regime 1 is totally subsumed in Mode 0 and hence there can be no Mode 1 failures. O O v u B ≤
```
Combining these facts gives )} )( (, min{ )} ( , max{ 0 I O I O I O I O O v v u u v u B v v u B + + + < < + ξ as the characterization of Mode 1. From b, this inequality is void if O O v u B ≤ . In this case, there can be no Mode 1 failures.
Mode 2 requires . Substituting from earlier equations for and gives I I c u t t + ≤ c t I t I I I O u v B v v + − ≤ + ) ( ) ( 0 0 ξ ξ , whence ) )( 1( 0 I I u v B− + ≥ γ ξ . So the full condition for Mode 2 is O I I I t v B u v B + ≤ ≤ − + 0 ) )( 1( ξ γ , since Mode 2 can only occur during Regime 2. Of course, this inequality may be impossible to satisfy for a particular choice of B, b, and , in which case there is no initial position for the inbound aircraft that will result in a Mode 2 failure. I O v v , I u
Mode 3occurs when
))(
(
0
O O I
O
I
O
u t
v v
v t B
+
+ ≤ < + ξ.
There are various plots that can illustrate these results. In Fig3 we plot the track of O and a range of tracks possible for I, specifically the Regime and Mode boundaries. The coordinates are time and the radial distance from the origin.
The parameter values are , 120 = O v , 180 = I v ,1 = O u ,5.1 = I u 0 = θ The dotted black lines sloping downwards are the Regime boundaries (with 0a and 0b); the solid coloured lines are Mode boundaries. The solid step line is the communication boundary. The fate of a particular I, that is a particular downward sloping line defined by choice of 0 ξ (the y-intercept), depends on whether it meets the communication boundary before or after it meets the track of O. If before, then communication occurs and the potential collision is avoided; if after, the collision occurs.
Fig4 shows basically the same situation (though with A3) but in a plot of 'initial position' against speed ratio γ . Since this plot has been standardised by dividing by , the 'initial position' is actually O v O v 0 ξ , a time. Here, the safe region is to the left of the solid line while collisions occur to the right. The colours of the Regime boundaries match those in Fig3.
The dashed vertical line in Fig4 is at 25 .1 = γ , which is equivalent to the choice of speeds in Fig3. The switching between safety and collision as 0 ξ varies along the dotted line summarises Fig.3. Fig4 shows the outcomes for a range of γ but it lacks the dynamic element of Fig3. Both plots are useful summaries.
Fig3. Plot of radial distance against time for O and I, showing the Regime and Mode boundaries
When θ is obtuse, the green boundary can curve back on itself, so can be cut twice by a vertical line. This shows the added complexity that can occur for such θ .
Fig4. Plot of speed ratio against 'initial position' (see text) , showing the Mode boundaries. The collision region is to the right of the solid line.
The third plot shows the results for a large number of cases (sets of parameter values) simultaneously. It uses a novel method for plotting high-dimensional data, which was developed for another project by the CMIS authors with David Gates (CSIRO Mathematical and Information Sciences). The MBZ/CTAF design space in our model has eight parameters: ) 0 ( , , , , , , , ξ θ I O I O v v u u B b . Our plot, called a nested plot, shows results for cases in which six of the eight parameters vary; for each individual plot and are fixed. There are then three levels of nesting, as shown in O v O u
Fig5. At the top level there is a 3x3 array for the values of B and . Within each of these 9 rectangles is a 4x2 array for the values of I u θ and b. Finally, within each of these 8 rectangles is a 30x10 array for the values of ) 0 ( ξ and . By this means, results for a total of 21,600 cases can be shown on a single plot, colour-coded by outcome; here, the outcome is successful communication or collision, with the latter further coded by the same colours as in Figs 3 and 4 to show the failure mode. Note that each inner rectangle in the nested plot is essentially a discretization of Fig4 (with the axes reversed). The number of levels of nesting, and of cases included, is partly determined by the plotting resolution, to ensure individual cases, or pixels, can be clearly distinguished. I v
Fig4 shows the results of the 21,600 cases with 240 = O v kts and 6.0 = O u min. From the plot we can readily see trends in the failure patterns as the design variables change. For example: increasing B has a significant effect on the
pattern whereas increasing has very little effect; the results for I u 60 and 30 ,0 = θ are fairly similar but perceptibly different from those with 90 = θ ; Mode 1 failures are rare except at the lowest value of B. Further, the results for 90 = θ often show just a few failure cases somewhat isolated from each other. This is another instance of the points we wish to make in the paper:
* failures can be unlikely, which ensures that experience might not be a good teacher;
* failures are hard to foresee or anticipate because the circumstances which cause them are little different from those leading to a safe outcome.
A series of such plots for different and gives an easily assimilated picture of the effects of variables and trend as they change. In the study for which this model was developed, we displayed the results for over 1 million cases by this means. O v O u
5. Discussion
Direct voice radio communication between aircraft, particularly in the presence of a MBZ/CTAF structure has been investigated. Four modes of failure have been identified. These modes will, a priori, be transparent to pilots and should one of these modes be encountered the system will fail catastrophically, that is, without warning.
The present analysis is based on constant velocity vectors and therefore straight line tracks. It is a first order representation that illustrates the problems without undue detail. More realistic kinematics would change the detail but the same qualitative conclusions would emerge. The communication policy selected is a reasonable interpretation of current operational practice. Of course, navigation errors, weather, pilot task loads and other factors all contribute to the outcome so an analysis using this model, though extensive, represents only part of the domain of possible behaviours.
The operational consequences of our results are as follows. A pilot may operate in and out of an MBZ/CTAF many times and not experiencing failure, but then a combination of circumstances (design variables) occurs that moves the system from a safe to a failure mode. And this can happen without the system providing any warning it will now fail. There is a strong analogy between the type of failure experienced in airspace and that of software in computing; certain in-flight situations (threads) will always work, others will always fail.
Our results may partly explain the differing perceptions of different user groups within the aviation community. The performance of the MBZ/CTAF structure is highly sensitive to the closing speed between aircraft and the radius of the structure. So two slow gliders might claim the communication protocol always works; two high performance RPT aircraft operating at the legal maximum of 250 KTs (below 10,000 FT) might claim frequent difficulties with the protocol while two intermediate speed GA aircraft might claim that the protocol works most of the time.
The clear conclusion is that there will be situations in which unaided segregation by PPVL will at times fail, in both the MBZ and the CTAF structure. Segregation needs to be augmented by some other form of communication that, jointly with PPVL, creates a fault tolerant system. This will typically be by a ground based agency but with modern mobile communications such augmentation may be implemented by an air-to-air function such as aircraft-to-aircraft exchange of position information and pilot alerting by data-link.
Historically, the practical measurement of flightpath activity in unmanaged airspace has been a difficult problem due to the lack of systematic real-time reporting and recording of aircraft position. In addition sporadic and often low frequency of activity has meant that accumulated operational experience cannot populate the combinatorially large state-space even after decades of use. In terms of airspace design and analysis our model provides a systematic mathematical basis by which the operational state-space can be specified, populated and explored. It allows the adequacy and feasibility of various communication models to be tested and compared both by analysis and simulation.
In terms of operational test the practical difficulties of measuring in real-time, aircraft position, flightpath propagation and interaction will be largely overcome, as data-link communication between aircraft becomes an operational reality. In this situation the mathematical modelling presented will permit a more accurate dynamic forecasting of system performance and limitations. In particular, data-link reporting of position will also provide a foundational specification on which a more accurate prediction of the actual performance of still essential aircraft-to-aircraft voice communication can be based.
Acknowledgements
CSIRO wishes to thank Michael Caplehorn, Chairman of Broome International Airport, for his assistance and enthusiastic support of the research project, and his permission to use the data for publication.
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Fulton, N., L., Baird, J., Smith, W., (2002), Modelling Airspace Design from a Systems Engineering Perspective, In Proc. 9th AIAA/ISSMO Symposium on Multi-disciplinary Analysis and Optimisation, Atlanta, 4-6 September.
ICAO (2001), Annex 11 to the Convention on International Civil Aviation, Air Traffic Services, Thirteenth Edition, July
Kubu (2003), Broome Terminal Airspace Aeronautical Study Preliminary Analysis, Kubu Australia Pty Ltd, July.
Kubu (2004), Design Aeronautical Study for Broome International Airport Terminal Airspace, Kubu Australia Pty Ltd, July.
TSB-Canada (1995), Mid-Air Collision Between Bearskin Airlines Fairchild Metro 23 C-GYYB and Air Sandy Inc. Registration PA-31 Navajo C-GYPZ - Sioux Lookout Ontario, 12 [sic] nm NW 01 May 1995. Report No. A95H0008, Transportation Safety Board of Canada.
Villemeur A., (1992), Reliability, Availability, Maintainability and Safety Assessment. Anne Cartier, Marie-Christine Lartisien (Translators), John Wiley & Sons, Chichester.
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When Is A Java Exception Not An Exception?
by Julian Robichaux, panagenda originally published on socialbizug.org, May 2012
When is a Java Exception not an Exception? When it's an Error, of course. Need more explanation? Read on.
The Problem
I had some Java code I wanted to test as an XAgent ( for more on XAgents, see: http:// www.mindoo.com/web/blog.nsf/dx/17.07.2011101855KLEBRW.htm?
opendocument&comments ). So I wrapped up the code in a small method like this:
```
public static int wrapperMethod () { try { return doSomething(); } catch (Exception e) { return -1; } }
```
and I wrote some Server-side JavaScript (SSJS) on an XPage like this:
```
try { var result = com.example.MyObject.wrapperMethod(); print("result = " + result); } catch (e) { _dump(e); }
```
There was more to it, but that'll get us where we need to go.
The problem I ran into is that the Java code was not running properly, but I wasn't able to catch the error anywhere. It wasn't being reported in the Java try/catch block or the XPages try/catch block. I tried printing stack traces, I tried logging, I tried yelling angry things at the server console... nothing seemed to work. The code was bombing out and I couldn't get anything to tell me where or why.
When I attached a debugger and stepped through the code, I found myself in the middle of an InvocationTargetException at the line of code that was failing. I thought this was odd at first, but then I realized that it was because of the way XPages uses reflection in order to run Java code -- an InvocationTargetException happens when a reflected Java method has an issue. (As an interesting sidenote, see this short discussion on how XPages uses classloaders: http://stackoverflow.com/questions/ 5352550/meaning-of-java-lang-classcastexception-someclass-incompatible-withsomeclass )
I wasn't getting back an InvocationTargetException though. I was getting the error that was wrapped up inside that Exception, which was an ExceptionInInitializerError. This is the kind of thing you get back if there is a problem initializing a static variable inside a class. The interesting thing about an ExceptionInInitializerError is: it's not a Java Exception. So it won't get caught by a standard try/catch block.
Throwables, Exceptions, and Errors
When Java code has a problem, a Throwable object is supposed to be generated. The two subclasses of Throwable are Exception and Error, and there are many subclasses beneath them. There is some very detailed consideration of general Java error handling theory in both the Java Virtual Machine Specification ( http://docs.oracle.com/javase/ specs/jvms/se5.0/html/Concepts.doc.html#22727 ) and the Java Language Specification ( http://docs.oracle.com/javase/specs/jls/se5.0/html/exceptions.html ). To avoid completely oversimplifying the topic by boiling down several pages worth of commentary into a few sentences, I will leave those links for you as reference and historical background, and instead quote from the Exception and Error JavaDocs:
"The class Exception and its subclasses are a form of Throwable that indicates conditions that a reasonable application might want to catch."
"An Error is a subclass of Throwable that indicates serious problems that a reasonable application should not try to catch. Most such errors are abnormal conditions."
In other words, Exceptions are supposed to be handled by your application; Errors are supposed to be ignored so that the JVM can deal with them. The exception to this rule (pun intended) is the RuntimeException and its subclasses, which are things like NullPointerException that can be caught but don't have to be.
Java Error objects are typically supposed to be ignored because, to quote the Java Language Specification, they are conditions for which "recovery is typically not possible". Subclasses of Error include OutOfMemoryError and ClassCircularityError. You certainly wouldn't want to catch an OutOfMemoryError and then decide "well, I'll just ignore that for now and keep going." It's best to let those sorts of things filter up to the JVM.
The Java language designers made a distinction between Exceptions and Errors so you can write code like:
```
try { doSomething(); } catch (Exception e) { runAndHide(); }
```
and not have to filter out the "normal" exceptions from the "devastating" errors. The typical try/catch block will only catch Exceptions, which is all you're supposed to worry about (in code) in the first place. 99% of the time that's exactly how you want it to work, and if you start catching Errors too you're just coding yourself into trouble.
My Problem, and its Solution
Back to my problem. I found myself in that 1% of the time where I actually wanted to catch an Error, because in this case I was suffering from a poorly-written static method in an open-source library I was calling. The debugger output looked like this:
You can see that there is:
* an InvocationTargetException from XPages calling the Java code, which contains:
* an ExceptionInInitializerError from a static method with an uncaught exception, which then contains:
* an AccessControlException
That AccessControlException -- which is one of those RuntimeExceptions that you are not required to check in your code -- was what I really wanted to know about. That ended up being the root of my problem, as the method causing the problem was trying to do something that the Java SecurityManager wasn't allowing it to do.
It almost always ends up being a security issue, doesn't it?
When I changed my code to this:
```
public static int wrapperMethod () { try { return doSomething(); } catch (Exception e) { return -1; } catch (Throwable t) { return -2; } }
```
suddenly I was able to catch the error and do something with it (print the stack trace, rethrow it, work around it, or whatever). Again, that's just a rough example, not what I actually ended up doing.
There Be Dragons...
That's not really the end of the story though. You might come away from this thinking that you should recode your Java apps to catch all Throwables instead of only Exceptions, just in case. That would be incorrect. I need to warn you that writing your Java code to catch all Throwables (Exceptions and Errors) is almost always a bad idea.
The bigger lessons to learn here are:
* When in doubt, use a debugger
* Code your static methods very defensively
* "catch" doesn't always catch everything, in Java or XPages
On that note, if you want to learn more about debugging Java in XPages, please see this video by Niklas Heidloff ( http://www.openntf.org/blogs/openntf.nsf/d6plinks/ NHEF-8CCDTQ ) or the Lotusphere Show-n-Tell presentation that Mark Myers and I did a few months ago ( http://londondevelopercoop.com/ldc.nsf/pages/goodies ).
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Bayou Writers Group Membership Meeting Minutes 2/6/16
* Cliff called the meeting to order
* We welcomed Allie Poole. She attends Vidor High School and loves to write.
* New member—Taylor—all sorts of writing
* Busy Board meeting
o David will be guest speaker today on the craft of writing
o B. J. Bourge (?spelling)—mystery writer will be next speaker
o Shelagh—will speak in the future on using Twitter and social media
o Shelagh was appointed conference chair
* We circulated a list of those willing to volunteer for the conference committee
* Treasurer's report—we have money. Are in the process of making final grant deposits; grant money has been spent. Specific report is available is members want to see it.
* Possible speakers for future meetings
* Conference Committee meetings—need to find meeting time; watch email; participate if possible
* 1 st round of grants. Cliff wrote for the first time
o $1369 from the city of Lake Charles
o New grant for organizational expenses $813
* Publicist—Write your Heart out; Family Book Fest; McNeese Leisure Learning; Children's Writers and Illustrators. Circulated sign up sheet to member read for Art Walk (April 28 th and 29 th )—need to know who is interested. Houma conference is April 2 nd .
* Cliff has been acting chair for the conference. Venue—same; will moved book room into main room.
* Beth—timeline for Anthology—approved by the board; coordinates YWC; have worked to coordinate between the 2 so that contest winners can be included in the next Anthology. Support of Youth through YWC is a big asset for us in the grant seeking process.
* Long range planning—we are looking to develop a 5 year plan
* Beth passing copies of the Anthology and YWC fliers—they will be posted on the website.
* Mark—has copies of his new book for sale.
* Lowell B.—worn 3 rd place
* Children's Writers and Illustrators conference Sat. 27 th at the SEED center. 8-4 breakfast and lunch included
* Jess---next book, keep eyes open for it.
* Debbie Sonnier—(romantic suspense) Smoke and Mirrors
* Linda Todd—new book in 5 weeks.
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SELECTION REQUIREMENTS FOR NORTH AMERICAN HANOVERIAN JUMPER BREEDING PROGRAM
Stallions
In addition to having an appropriate jumping pedigree (see below), to be selected for the program a stallion must meet one or more of the following performance criteria:
* At least 125 points in the jumping index of the stallion performance test;
* A successful competition record;
* A jumping score of 8.5 in the stallion performance test;
* Offspring with successful competition records;
* Successes in hunter competitions will not be considered.
* A breeding value for jumping of at least 120 points;
Mares
In addition to an appropriate jumping pedigree (see below), to be selected for the program mares must meet one or more of the following performance criteria:
* A jumping score of at least 8.0 in a performance test;
* Offspring with successful competition records;
* A successful competition record in show jumping or eventing;
* Relatives (dams or dam-side siblings) with successful competition records;
* Successes in hunter competitions will not be considered.
* A breeding value for jumping of at least 125 points;
Successful Competition Record
Success in jumping competitions at USEF level 8/9 for stallions or level 7/8 for mares, experience at international levels of competition, qualification to participate in the World Championships for young show jumpers or the offspring's successes at in jumping competitions at USEF level 7/8 would be considered in favour of including a horse in the Program.
Appropriate Jumping Pedigree
The following guidelines set forth what is generally considered to be an "appropriate jumping pedigree." To some extent, these guidelines may be applied more strictly to stallions than to mares. First, the sire of the horse in question must be a "jumping sire," preferably meeting the requirements as set forth above for the stallions selected for the program. Next, the sire of the dam and the sire of the grand dam should either be both jumping sires or at a minimum one of the two should be a jumping sire, also preferably meeting the requirements as set forth above for stallion qualifications. Some examples:
The Jumper Breeding Program Committee recognizes that some sires are multi-talented which makes for many variables. The Committee will consider every application very carefully.
APPLICATION FOR NORTH AMERICAN HANOVERIAN JUMPER BREEDING PROGRAM
Horse's Name___________________________ Registration #____________________
Registered Owner's Name_________________________________________________
Address_______________________________________________________________
City_____________________________ State______________ Zip________________
Daytime Phone _____________________ Email Address________________________
Please inform us of information we may have overlooked or additional information ( e.g. successful close relatives, test scores, official competition results for the horse or its offspring, breed value records, etc.) that warrant your horse’s inclusion as set forth above on the requirements page. Please use additional pages if needed.
,
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
Undersigned applicant understands that in order to approve the horse on this application, records and scores including individual test scores may need to be requested from the AHS office for internal use by the JBP committee.
____________________________
Member's signature
Mail application to: The American Hanoverian Society 4067 Iron Works Pike, Suite 1 Lexington, KY 40511-8483
Fax application to: 859-255-8467
Email application to: [email protected]
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Convention on
Biological Diversity
Ref.: SCBD/BSP/KGM/33111
Secretariat
3 February 2003
NOTIFICATION
Version 2.0 of the Pilot Phase of the Biosafety Clearing -House Launched 1 February 2003
As you may be aware, Article 20 of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity establishes a Biosafety Clearing-House (BCH) in order to facilitate the exchange of scientific, technical, environmental and legal information on, and experience with, living modified organisms; and to assist Parties to implement the Protocol.
At its first meeting, the Intergovernmental Committee for the Cartagena Protocol on Biosafety (ICCP) recommended the development of a pilot phase of the BCH. The pilot phase was initially launched on 5 April 2001, and further developed based on the recommendations made by the Committee at its first and second meetings. The central portal of the BCH website was designed with an interactive site map and explanatory text to assist in the use and navigation of the BCH. Information is available in the following categories: national contacts (including national focal points; competent national authorities; national databases); laws and regulations (including national laws, regulations and guidelines; regional and international agreements); decision information (including decisions under the advance informed agreement procedure; decisions on under Article 11; other decisions; risk assessment summaries; unique identification); capacity-building activities; roster of experts in biosafety; and other resources.
In accordance with ICCP Recommendation 3/3 paragraph 5, the pilot phase has been further developed in accordance with the third note developed by the ICCP Bureau on technical issues associated with the implementation of the pilot phase. I am pleased announce the launch of the next version of the pilot phase of the Biosafety Clearing-House, which took place on 1 February 2003. Based on the ICCP recommendations and feedback received so far from Governments and organizations that have participated in the development of the pilot phase, new developments include:
* Improved searching facilities and faster download times for the website.
* Expansion of the capacity-building project and initiatives databases to include information on other available capacity-building opportunities, such as funding and training opportunities, as well as a facility for countries needing support to register their capacity-building needs and priorities.
* Further development of the tool kit and other help functions of the BCH to include more in-depth training materials, targeted for different audiences.
…/2
United Nations Environment Programme
Tel: Fax: (514) 288-6588 Web: www.biodiv.org
393 Saint-Jacques Street, Suite 300
Montréal, Québec, Canada H2Y 1N9
* Improvements to the BCH Management Centre, the web-based mechanism by which Governments and capacity-building organizations can register information.
* Access to (and interoperability with) more external databases, including the bibliographic database of the International Centre for Genetic Engineering and Biotechnology.
* Inclusion of a registry for unique identification of LMOs (which will be linked to the system being developed by the Organisation for Economic Co-operation and Development).
* Documents, such as common formats for reporting information, provided in multiple formats (e.g. HTML, Word documents, PDF files).
I would like to take this opportunity to remind you of ICCP Recommendation 3/3 paragraph 1, which urged Governments to further participate in the development of the pilot phase by registering and retrieving information, and to submit their views on the transition between the pilot phase and the fully operational and functional Biosafety Clearing-House no later than five months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol.
I encourage you to send any feedback and suggestions for improvement to the Secretariat. The pilot phase of the BCH is accessible on-line at http://bch.biodiv.org.
Yours sincerely,
Hamdallah Zedan Executive Secretary cc: Cartagena Protocol National Focal Points
ICCP National Focal Points
BCH National Focal Points
CBD National Focal Points (where biosafety focal points have not yet been designated)
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COMPASSION, CATASTROPHE, AND CHANGE
John Cairns, Jr.
Department of Biological Sciences, Virginia Polytechnic Institute and State University, Blacksburg, Virginia 24061, USA
The world is plunging into an energy crisis unlike any before, while geopolitical alliances are shifting quickly and to a degree not seen since the end of the Soviet era, and perhaps not seen since the end of World War II. Richard Heinberg (2006)
Background
Modern society is based on energy, and its recent evolution has been rapid because of cheap, convenient, readily available energy. Energy availability enabled the small-group species of Homo sapiens to change from a few million, spread thinly over the planet, to over 6 billion individuals, mostly in large human artifacts or cities and their suburbs. The energy in an ecosystem available to its biota is one of the most important determiners of carrying capacity. Anthropological evidence shows that humans have been capable of living in a harmonious relationship with natural systems for most of the 160,000 years the species has been on the planet. This relationship does not mean that humans caused no damage; however, the damage has been small and isolated so that ecosystems could recover from it.
However, as Catton (1980) remarks, humans diverted a substantial portion of Earth's life support capacity from supporting other life forms to supporting humans. Moreover, humans have continued to usurp energy since the Agricultural Revolution (which occurred abut 10,000 years ago) so that only a few truly wild systems remain and most of the planet shows some effects of anthropogenic activities. In addition, tools (e.g., bows and arrows, knives) enabled humans to extend their domination over nature, but the tools also changed humans. In an automobile culture, such as the one in the United States, the "tool" actually separates humans from natural systems.
Domestication of wild plants and animals that supported the Agricultural Revolution also gave humans access to energy that was previously less available to them. For example, horses turned grass into transportation or work energy – cattle turned grass into food. However, climate change can result in a reduction in the energy available via these routes.
The process that has enabled humans to produce a 24% ecological overshoot is called drawdown. This process can use either nonrenewable resources, such as fossil fuels, or renewable resources, such as old growth forest or top soil, for which regeneration rates are slow. However, this strategy is not sustainable.
Humankind faces an unprecedented opportunity for both success and failure on a global scale. As Heinberg (2005), Diamond (2005), and Tainter (1988) note, many human societies have expanded their power and complexity to remarkable levels only to decline and revert to simpler forms of social organization. Humankind has used every means available to displace other life forms from the areas they once occupied, divert their resources to human use, and deplete natural capital that has taken many years to accumulate. Now the cheap, easily available, convenient energy that made this scenario possible is declining (Heinberg 2005). Alternative fossil sources of energy are available (e.g., coal), but come at a higher environmental cost. Wind and solar power are appealing, but are not yet widely available. Clearly, profligate energy use is rapidly becoming a relic of the past.
Humans have not shown much compassion for other life forms during the process of dominating the planet. Will compassion for other life forms increase or decrease when the era of cheap energy is over? Some foodstuffs (e.g., corn) can be converted to fuel (e.g., ethanol). Will compassion for other members of the human species place food ahead of fuel while some humans are starving or malnourished? Some catastrophes now seem probable. How will compassion for the suffering be expressed in terms of resource allocation? In short, in an era of rapid change, will the manifestations of compassion from humans be appropriate?
Resource Consumption
Concern is mounting about global warming, peak oil, environmental pollution, species impoverishment, and other trends resulting mostly from human activities. The concerns and trends continue because implementation of strategies that would improve prospects for sustainable use of the planet is minimal. Tipping points cannot be precisely predicted until they have occurred, so scientific uncertainty is being cited extensively as a justification for inaction, just as it was cited for the harmful effects of cigarettes decades earlier. However, disequilibrium of the planet's life support system will almost certainly not be reversible. Unless major changes are made soon in humankind's relationship with the biospheric life support system, catastrophes will occur and hope for leaving a habitable planet for posterity will diminish.
Beginning around 1980, evidence showed that the use of resources by the global economy has outgrown the capacity of natural systems to regenerate them. Almost daily examples of the conflict between demand and supply are in the news media. Worse yet, resources that have taken hundreds of thousands, even millions, of years to accumulate are being consumed in a few centuries. One lesson of history is that the primary indicators of societal decline were ecological, not economic. The ecological overshoot was about 20% in 2002 and appears to be increasing about 1% per year. This situation is not sustainable.
Ecosystem Restoration
Lowering resource consumption to equal the regenerative capacity of natural systems will require monumental management changes of resource extraction and use. Restoring damaged ecosystems will require even more sacrifice, but the health of the economy and the supply of natural capital and the ecosystem services it supplies are closely coupled. Moreover, restoring damaged ecosystems to their pre-damaged condition in an era of ecological disequilibrium will be extremely difficult (Cairns 2006). In fact, anthropogenic climate change and loss of species may make restoration to predisturbance ecological conditions an impossible task. Perhaps humankind should let nature take its course and see what happens. The major risk of this approach is that the new ecosystems will probably not be as beneficial to humans as the ones that were damaged. Worse yet, new ecosystems could be a threat to human society.
Brown (2006) recommends an annual earth restoration budget of US$93 billion. This sum is tiny in view of the amount of restoration needed. At the very least, such a budget would indicate where and under what conditions ecological restoration might meet stated goals. However low the probability is of success, ecological restoration must be attempted, unless failure is virtually certain. Essential to any plan is the determination of which damaged ecosystems are irreversibly damaged, which should recover without restoration efforts, and those for which ecological restoration efforts will make a major difference.
An ecological triage decision would differ from the human medical one in an important respect: ecosystems too damaged to restore to pre-disturbance condition or to recover naturally to that state could be replaced with constructed ecosystems (e.g., Atkinson and Cairns 1993) and created ecosystems (e.g., Atkinson et al. 1993). These naturalistic systems are designed to function under new conditions, and both help accumulate natural capital and provide ecosystem services. These constructed ecosystems will require subsidies and more intensive management, but should increase Earth's carrying capacity appreciably.
Since humankind has typically ignored threats to the biospheric life support system, damaged ecosystems may also be ignored. This scenario is not a good idea since these damaged systems will be colonized by species resistant to human control (called pests). Many pests will emigrate to parts of the surrounding area and probably out-compete and displace many indigenous species, which is not conducive to achieving sustainable use of the planet. If humans have diminished natural capital and the ecosystem services it provides, both must be replaced to whatever degree possible.
These ecological restoration activities are usually accomplished best in a local setting so that citizens can both be part of the effort and protect the improved ecosystem from future damage. This approach is also helpful in developing and demonstrating compassion for other life forms. What a pity that ecological catastrophes are necessary to catalyze these ecologically benign activities.
Compassion for Other Humans
Exponential increases in both human population size and level of affluence have resulted in a global water shortage. Since 1,000 cubic meters (approximately 1,000 tons) of water are necessary to produce a ton of grain, water shortages and food shortages are closely coupled. Populous countries, such as China and India, already have large water deficits, as do Algeria, Egypt, Iran, Mexico, and Pakistan. Their citizens are fellow crew members of Spaceship Earth; surely, political differences can be resolved so that humans can help each other. If human populations are not stabilized, any efforts will be wasted. However, unsustainable practices caused the problem and compassionate help should not allow these practices to continue. Should the United
States be given more cheap oil with the hope that the US Congress will develop a comprehensive, sustainable energy policy or the that drivers of automobiles will use energy efficient vehicles?
Since the beginning of my professional career in 1948, action has been postponed because "technology will save us," reason will prevail and the environmentally damaging practices will cease, politicians will fulfill their promises to protect the environment, and polluting industries will become environmentally sensitive. Instead of improving environmentally, the planet is in a precarious situation that may be irreversible. None of my hopes have been realized; many have been shattered. However, is inaction best? No; however, neither are statements such as "I respect the interdependent web of life if it is not accompanied by major environmental deeds." Even so, what can be done must be done to protect and restore the environment.
Nation-States in Disequilibrium
Schell (2003) notes that global warming cannot be stopped by B-52 bombers (but they contribute to it) or by nuclear proliferation (pp. 353-354). He notes that peace, social justice, and defense of the environment are a cooperative triad pitted against war, economic exploitation, and environmental degradation. Schell also adds that rejecting war is not enough; humankind must now secure survival by suppressing the menace of annihilation. Second, Schell believes in delimiting sovereignty — when power is cooperative, in the domestic sphere at least, it does not have to be indivisible but can be divided among branches of government and localities (or even eco-regions). Schell states that, if such divisions cannot occur in the international sphere, hope for sustainable use of the planet is doomed. The European Union is a good example of what might be accomplished with hybrid arrangements unimaginable if nation-states base their policies on war. Third, the old unity of state, people, and territory would be dissolved (p. 374).
Gottlieb (1993) feels that the basic components of sovereignty (the state and the nation) might possibly be separated. Given the turbulent relationship between ethnic groups, religions, and other special interest groups worldwide, this separation is unlikely, although it has existed, temporarily, in some sovereign nations. The problem is that humans remain a small-group species and are unable to cope with complex, multivariate political structures. Perhaps human resource distribution issues might be resolved more fairly and equitably if political boundaries were replaced by ecological boundaries and the primary political goal was preservation of carrying capacity based on natural capital and the ecosystem services it provides. The people responsible for the diseconomies and catastrophes would then suffer when their ecological life support system is damaged.
Developing Naturalistic Social Norms
In the 21 st century, a rapid evolution of social norms is essential. For cultures such as the United States, in which social norms have been based on a cheap, convenient, readily available source of energy (i.e., petroleum), the rate and degree of change needed will be almost overwhelming. The American automobile culture has let public transportation languish, and urban sprawl has been possible because of the independence automobiles provide. Coal is a possible energy alternative, but it diminishes air quality as well as producing greenhouse gases. Ethanol is an alternative to petroleum products, but may have unattractive input/output energy ratios. Moreover, corn and other foodstuffs are serious contenders as sources of ethanol. Since most of the planet's arable land is already in use, an "eat or drive" situation could easily develop, especially if climate change (e.g., rainfall patterns, temperatures) diminishes present agricultural productivity. If climate change occurs more rapidly than predicted, as it is in some parts of the world, the consequences will probably be catastrophic. If foodstuffs, such as corn, are diverted to alcohol production for automobiles, the increased demand could force prices well beyond the means of poor and middle-class people. If climate change diminishes the production of corn and other foodstuffs that can be converted to alcohol, prices could soar even more. At present, over a billion people are not adequately nourished, and the additional 3 billion more people who are projected to be added in the 21 st century will exacerbate this troubling situation.
If compassion for the poor exists, something should be done to improve their condition. Since most of the population growth is expected in third-world countries, population stabilization at a level compatible with regional carrying capacity is an obvious solution, which means intruding on individual freedom to have large numbers of children. This intrusion would be distasteful to many people. On the other hand, in natural systems, species that exceed the regional carrying capacity simply lose large numbers of individuals to death, starvation, and disease. If humankind is unable to develop social norms that protect the biospheric life support system, should disease, starvation, and death be permitted to limit human population size as they do for other species? In the Pacific arena of World War II, the very heavy casualties resulting from capturing Iwo Jima were considered justified because they saved the lives of so many B-29 bomber crews whose damaged aircrafts would otherwise have been lost at sea. Should the same reasoning be used to protect the biospheric life support system that is essential to a habitable planet for posterity? Should this reasoning be used when the long-term carrying capacity of the planet has been exceeded?
Biospheric Life Support Systems
One colleague correctly pointed out that there is yet no robust evidence that the biospheric life support system is in disequilibrium; however, no robust evidence indicates that its health and integrity have not been impaired. The consequences of the biospheric life support system ceasing to maintain conditions so favorable to humankind are so appalling that precautionary measures to avoid stressing the biospheric life support system beyond its tipping point are prudent. Paleontological evidence indicates that evolutionary processes eventually restored biological diversity in the past, but not the species that became extinct. Post-disequilibrium conditions may not be as favorable to humans as those at present. From a homocentric viewpoint, precautionary measures are justified even though the precise tipping point of the present biospheric life support system is not known. This tipping point can be determined by continuing present unsustainable practices; however, when the biospheric life support system is in disequilibrium, how will this new knowledge benefit humankind? Evolutionary processes will almost certainly persist (until the sun dies), but individual species, such as Homo sapiens, may well suffer major loss of life or even become extinct. Compassion for the other life forms that constitute the present biospheric life support system is a matter of enlightened self interest, as well as an indication of compassion for posterity.
The Limits of Compassion
The daily news is a constant reminder that catastrophes occur continuously, even though, fortunately, most are regional rather than global. Responding to each in a meaningful way would produce an emotional overload in most people. In fact, many people studiously avoid the bad news and only welcome the good news. Of course, denial of or avoidance of problems usually results in delaying the solution of the problem. However, so does taking on too many problems at once so that none gets the attention needed for solution.
With an exponentially increasing human population, increasing ecological overshoot, global warming, and other types of climate change; peak oil; and inadequate supplies of fresh water, exceeding a number of ecological and societal tipping points in the 21 st century would not be astonishing. Since the exact location of these tipping points will not be known until they have been passed, each catastrophe will be a surprise. Of course, if an urgent, major global effort were made to first arrest and then reverse these unsustainable trends (remembering ecological overshoot), these thoughts could be dismissed as idle speculation. However, no credible signs indicate that this trend is happening at the global level. Worse yet, so little has been done that even inadequate measures may look good to the general public and, thus, delay effective remedial action. Some illustrative questions related to these issues follow.
1. Will compassion for the biospheric life support system be adequate to ensure its health and integrity so that conditions favor Homo sapiens?
2. Can humans adapt to rapidly changing social and ecological conditions so that species survival is likely?
3. Will humankind have sufficient compassion for posterity to withhold aid to populations that persist in having social norms that are unsustainable?
4. Will resource wars, both military and economic, be the primary determinant of allocation of finite resources on a finite planet?
5. Will resources be used sustainably?
In natural systems, finite resource problems are "solved" in ways repugnant to most humans — mass deaths, starvation, disease, etc. Since humankind credits itself with intelligence, creativity, and compassion, one might reasonably expect more from this species than a 24% ecological overshoot, exponential population growth, excessive anthropogenic greenhouse gases, and resource wars. The basic question is not how to meet human "needs" and expectations, but how to live sustainably so that the biospheric life support system continues to maintain conditions that are so favorable to humans. Otherwise, humans will become a transient species like those that preceded it over billions of years.
Acknowledgments. I am indebted to Karen Cairns for transcribing from the handwritten draft and to Darla Donald for editorial assistance.
LITERATURE CITED
Atkinson, R. B. and J. Cairns, Jr. 1993. Constructed wetlands and reclamation. Virginia Mining Journal 6(4):4-6.
Atkinson, R. B., J. E. Perry, E. P. Smith and J. Cairns, Jr. 1993. Use of created wetland delineation and weighted averages as a component of assessment. Wetlands 13(3):185-193.
Brown, L. R. 2006. Plan B 2.0: Restoring a Planet under Stress and a Civilization in Trouble. W. W. Norton, London, United Kingdom.
Cairns, J., Jr. 2006. Ecological restoration in an era of ecological disequilibrium. Asian Journal of Experimental Science 20(1):1-6.
Catton, W. 1980. Overshoot: The Ecological Basis of Revolutionary Change. University of Illinois Press, Urbana-Champaign, IL.
Diamond, J. 2005. Collapse: How Societies Choose to Fail or Succeed. Viking Penguin, New York.
Gottlieb, G. 1993. Nation Against State. Council on Foreign Relations, New York.
Heinberg, R. 2005. The Party's Over: Oil War and the Fate of Industrial Societies, 2 nd ed. New Society Publishers, Gabriola Island, Canada.
Heinberg, R. 2006. Energy geopolitics 2006. Energy Bulletin 25May http://www.energybulletin.net/16393.html Schell, J. 2003. The Unconquerable World. Metropolitan Books, Henry Holt & Co., New York.
Tainter, J. 1988. The Collapse of Complex Societies. Cambridge University Press, Cambridge, UK.
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Learn to Draw Manga!
Register on-line at www.greenwoodvillage.com/registration
For more information call the Curtis Arts & Humanities Center at 303-797-1779
From Dragon Ball to Full Metal Alchemist, Manga (Japanese comics and cartoons) is one of the most popular art forms in the world today. In this 8-week workshop, you'll learn about the history of Manga, how it differs from American comics, and have the chance to bring your very own Manga comics to life. Sessions will include hands-on instruction on how to create Manga characters, settings, stories, and so much more!
Fridays, April 7 through May 26 4:30 to 6:00 p.m.
$100
All supplies included
9 to 14 years old
15 comic artists
Curtis Arts & Humanities Center
2349 East Orchard Road Greenwood Village, CO 80121
Pop Culture Classroom delivers innovative pop culture-based resources to educators, administrators, parents, and community members to create educational engagement with students.
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Southern Association of Colleges and Schools Commission on Colleges 1866 Southern Lane
Decatur, Georgia 30033-4097
REAFFIRMATION OF ACCREDITATION AND SUBSEQUENT REPORTS
Policy Statement
All institutions accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) are required to undergo a review for reaffirmation of accreditation every ten years. After being granted initial accreditation, new member institutions will be reviewed for reaffirmation of accreditation after five years, then every ten years thereafter. The Commission's review of institutions between decennial reaffirmation reviews in accordance with policies governing fifth-year interim reviews, special committee visits, and substantive change visits normally will not alter the specified date for the decennial reaffirmation review. (See policy statements "Substantive Change for Accredited Institutions," "Special Committee Procedures and Team Report," and "The Fifth-Year Interim Report.")
The Commission reaffirms the accreditation of an institution as a totality. This accreditation extends beyond the parent campus to include all centers, branches, campuses, or other sites at which postsecondary degree or non-degree work is offered as well as all work offered through distance learning and correspondence education. The institution must include the review of all its operations in its Compliance Certification and the Commission will review them during the institution's reaffirmation.
The reaffirmation review will be conducted in accordance with procedures outlined in pertinent Commission documents including handbooks and other policies. (See, for example, the Principles of Accreditation and the Handbook for Institutions Seeking Reaffirmation of Accreditation.) The process will include compiling and submitting a Compliance Certification that documents compliance with the Principles of Accreditation, and submitting a Quality Enhancement Plan for review by evaluation committees.
During the reaffirmation of accreditation process and in all other relationships with the Commission and with their other constituencies, member institutions are expected to maintain integrity, to abide by the Principles of Accreditation and all Commission policies and procedures, to provide the Commission complete and accurate information about institutional operations, to be candid and thorough in their own self-evaluations, to accept an honest and forthright peer assessment of institutional strengths and weaknesses, and to cooperate fully with the Commission during all aspects of the process of evaluation in an atmosphere of openness that enables peer evaluators to perform their duties with maximum efficiency and effectiveness.
Review of Distance Learning and Correspondence Education during the Reaffirmation Process
Institutions will include the review of their distance learning and correspondence education programs in the Compliance Certification that will be reviewed by the Off-Site Reaffirmation Committee. The On-Site Reaffirmation Committee will validate the content of the Compliance Certification and the pertinent findings of the Off-Site Reaffirmation Committee. In its review, the On-Site Committee will determine whether the institution has adequate support services and personnel to operate distance learning and correspondence education programs effectively. (See also the Commission's policies, "Substantive Change for SACSCOC Accredited Institutions," "Distance Learning and Correspondence Education," and Federal Requirement 4.8 of the Principles of Accreditation. )
Review of Off-Campus Instructional Sites and Branch Campuses during the Reaffirmation Process
Federal regulations require visits to institutional off-campus instructional sites and to branch campuses as a part of the institution's decennial review.
Off-campus instructional sites. The Commission staff member will appoint a committee(s) to visit a representative sample of sites at which 50 percent or more credits for an educational program are offered (taking into account such factors as geographic dispersion and number of students and programs at each site). For each site, the visiting committee will usually be composed of two members of the On-Site Reaffirmation Committee. The review of these visits will be completed either before or during the visit of the On-Site Reaffirmation Committee to the main campus.
The purpose of the visit to the off-campus instructional site(s) is to determine whether or not the institution has adequate personnel, facilities, and resources to operate the off-campus site(s). The visiting committee, therefore, will interview relevant faculty and staff at the site(s) and focus particular attention on the following areas: student access to full-time faculty, student achievement and learning, adequate facilities, the appropriateness of other support activities such as library/learning resources and student services vis-à-vis the programs offered at the site(s), and any other pertinent compliance issues emerging from the Off-Site Reaffirmation Committee report. The institution would have described and addressed its instructional sites and campuses in its Compliance Certification which would have been reviewed by the Off-Site Reaffirmation Committee before the site visits. (See "Institutional Summary Form Prepared for Commission Reviews.")
Branch Campuses. The On-Site Reaffirmation Committee will review all branch campuses of the institution. A branch campus is defined as a location of an institution that is geographically apart and independent of the main campus of the institution. A location is independent of the main campus if the location is
* permanent in nature
* has its own faculty and administrative or supervisory organization and
* offers courses in educational programs leading to a degree, certificate, or other recognized educational credential
* has its own budgetary and hiring authority
The visiting committee will usually be composed of two members of the On-Site Reaffirmation Committee. The review of these sites will be completed either before or during the visit of the On-Site Committee to the main campus.
The purpose of the visit to branch campuses is to determine whether or not the institution complies with the Principles of Accreditation in areas of curriculum and instruction, faculty, administration, institutional effectiveness and student achievement, academic support and learning resources, student services, and facilities and finances. The visiting committee, therefore, will interview relevant faculty and staff at the branch campus. The visiting committee will ensure that the institution has demonstrated sufficiently the comparability of student learning outcomes with those for the same or similar programs on the main campus. The institution would have included and addressed its branch campuses in its Compliance Certification which would have been reviewed by the Off-Site Reaffirmation Committee before the on-site review of the branch campus.
The Committee Review. If the visiting committee discovers noncompliance with any pertinent standard(s) in the Principles of Accreditation, an appropriate narrative and Recommendation will be drafted and submitted to the full On-Site Reaffirmation Committee for consideration and possible inclusion in the Reaffirmation Committee Report. In addition, an introductory paragraph describing the review of the offcampus site(s) and branch campuses any differences from the main campus noted by the visiting committee will be included in the Reaffirmation Committee Report.
Institutional Reports Submitted after Reaffirmation
Each member institution is expected to submit a formal response to the report of the On-Site Reaffirmation Committee that demonstrates corrective action to the recommendations made by the Committee. If the institution's response reveals continued noncompliance with the Principles of Accreditation, the SACSCOC Board of Trustees will request submission of monitoring reports until compliance is demonstrated. The maximum period for submitting monitoring reports is two years. The institution is subject to sanctions for noncompliance during the monitoring period and potentially to loss of accreditation at any time for noncompliance, particularly if compliance is not demonstrated during the twoyear monitoring period. (See policy statement "Sanctions, Denial of Reaffirmation, and Removal from Membership.")
Each member institution also is expected to submit a Fifth-Year Interim Report five years before its next reaffirmation review reporting on continued compliance with select Commission standards and on the effects of the implementation of its Quality Enhancement Plan on student learning. (See Commission policies "Reports Submitted for Committee or Commission Review" and "The Fifth-Year Interim Review.") The Commission will notify institutions regarding the schedule for completion of this report.
Delay or Change of Reaffirmation Dates
Member institutions may not depart from the regular decennial review schedule except under extraordinary circumstances and then only by formal request to and approval by the President of SACSCOC. Normally, change in institutional executive leadership will not constitute adequate reason for delaying or rescheduling the review. The President of SACSCOC and the Executive Council of the SACSCOC Board of Trustees retain the authority to delay or reschedule an institution's reaffirmation review for reasons deriving from particular circumstances either at the institution or within the Commission, including but not necessarily limited to balancing the workload within the Commission and its staff or other unusual circumstances. If an institution is on Probation at the time of its scheduled review for reaffirmation of accreditation, the President of SACSCOC may act to defer action on reaffirmation pending resolution of the institution's probationary status.
Separate Accreditation for Units of Member Institutions
All extended units related to the parent campus through corporate or administrative control must be evaluated during reviews for institutions seeking candidacy, initial membership, or reaffirmation of accreditation. If an extended unit is sufficiently autonomous, it or the parent institution may request separate accreditation, or if the Commission determines that an extended unit is autonomous to the extent that control over that unit by the parent or its board is significantly impaired, the Commission may direct the extended unit to seek separate accreditation. (See policy statement "Separate Accreditation for Units of a Member Institution.")
Review of Institutional Units in a System
If an institution is part of a system or corporate structure, a description of the system's operation must be submitted as part of the Compliance Certification for the decennial review. The description should be designed to help members of the peer review committees understand the mission, governance, and operating procedures of the system and the individual institution's role within that system.
Exception to Core Requirement 2.7.4
Core Requirement 2.7.4 of the Principles of Accreditation mandates that a member institution provide "instruction for all course work required for at least one degree program at each level at which it awards degrees" or provide an alternative approach to meeting this requirement. The Commission must approve any alternative approach. Each institution in this category must request the exception and submit supporting documentation at the time the degree program starts and again as part of the Compliance Certification submitted at the time of each reaffirmation of accreditation review. (See policy statement "Core Requirement 2.7.4: Documenting an Alternative Approach.")
Unreported Substantive Changes Discovered or Reported during Reaffirmation
If an institution fails to report a substantive change that requires prior approval or prior notification and that unreported substantive change is discovered during the off-site or the on-site review, the committee will take the following actions:
If discovered during the off-site review. The Off-Site Reaffirmation Committee will mark CS 3.12.1 out of compliance. The institution will be able to address this in its Focused Report and before the on-site review.
If discovered during the on-site review. The On-Site Reaffirmation Committee will mark CS 3.12.1 out of compliance and write a recommendation. The institution will address the recommendation in its response to the Commission.
For a full explanation, see Commission policy statement "Substantive Change for SACSCOC Accredited Institutions."
Document History
Adopted: Commission on Colleges, June 2003 Revised: Commission on Colleges, June 2008 Revised and Edited: January 2012 Revised: SACSCOC Board of Trustees, June 2013 Edited March 2014
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Revolution R Community 5.0 - 100% R and more... TM
Contents
- Introduction
- Foreach/Iterators Packages
- Enhanced Documentation
- Windows Information
o Windows Installation Notes
o Installing R from CRAN with Revolution R Community
o Supported Windows Platforms
- Red Hat Information
- Controlling Threads for Optimized Math Libraries
- Getting Support
- Obtaining Source Code
Introduction
Revolution R Community is an enhanced version of the Open Source R 2.13.2 environment for data analysis and graphics.
This release includes the following features:
- The foreach and iterators packages, a set of packages for creating looping constructs that can be executed in parallel.
- Enhanced documentation
- Optimized math libraries
Foreach/Iterators Packages
The foreach and iterators packages work together with the R programming language to enable you to run many looping constructions in parallel. Parallel operation requires a separate parallel backend; in addition to those provided with Revolution R Community, several more are available on CRAN. The following packages are provided in Revolution R Community to support the foreach and iterators functionality:
- foreach (provides a loop-like syntax for sequential and parallel computation)
- iterators (provides support for iterators, a generalized looping variable)
- revoIPC (Windows only; provides low-level interprocess communication tools, including support for semaphores, mutexes, and task queues)
- doSMP (Windows only; a parallel backend for foreach based on revoIPC, which permits parallel computation of foreach loops on any modern symmetric multi-processor computer, especially those with multicore processors)
- doMC (Linux only: a parallel backend for foreach, based on Simon Urbanek's multicore package)
- multicore (Linux only: a package for running parallel computations in R on machines with multiple cores or CPUs.)
Back to top
Enhanced Documentation
Along with the complete R documentation set included with all R distributions, Revolution R Community includes the following documents:
- Getting Started with Revolution R. This document is installed as a PDF document, RevoMan.pdf, in the doc subdirectory of your Revolution R Community installation directory.
- Foreach/Iterators User's Guide. This document is installed as a PDF document, foreachit.pdf in the doc subdirectory of your Revolution R Community installation directory.
Back to top
Windows Information
Windows Installation Notes
- Before running the installer, close any other programs running on the system and disable any antivirus software you may have running, such as McAfee Total Protection or Norton AntiVirus.
- Revolution R Community installation requires Administrator privileges.
Back to top
Installing R from CRAN with Revolution R Community
If you need to run R from a CRAN distribution alongside Revolution R Community, you can easily do so. However, many external applications and packages that interface with such external applications are configured to work with the "current version" of R. When you install Revolution R, Revolution R registers itself as the current version of R. If you later install a different version of R, that will by default set itself as the current version of R.
To keep Revolution R as your current version of R, clear the check boxes labeled Save version number in registry and Associate R with .RData files on the Select Additional Tasks screen of the R for Windows installer.
If you want R from the CRAN installation to be your current R version, and you have installed Revolution R alongside it so that Revolution R is your current version, the easiest thing to do is uninstall the CRAN R and then re-install it with default settings.
Back to top
Supported Windows Platforms
Revolution R Community is supported on the following Windows operating systems:
- Windows XP (32- and 64-bit)
- Windows Vista (32- and 64-bit)
- Windows 7 (32- and 64-bit)
Back to top
Red Hat Information
Revolution R is now available for Red Hat Enterprise Linux 5.x. To install, download and unpack the tarball, then run the install.py script included in the top-level directory. Complete installation instructions are included in the file instman.pdf in the top-level directory.
Back to top
Controlling Threads for Optimized Math Libraries
Two functions allow you to control the number of threads used by the optimized math libraries. The getMKLthreads function returns the number of threads the optimized math libraries are currently configured to use (by default, this is the number of processing cores on your computer). The setMKLthreads function specifies the number of threads the optimized math libraries may use; use this to limit the number of processing cores on your system available to the optimized math libraries. Type
?setMKLthreads for more information.
Back to top
Getting Support
Telephone and e-mail technical support for Revolution R is available by subscription. To order a support subscription, call Revolution Analytics at 855-GET-REVO.
All Revolution R users are invited to participate in the Revolution R Forum. This is the place to get user-to-user support on Revolution products and ask questions of other Revolution R users. Revolution staff members monitor the Forum's content, and may answer questions as time permits.
If you have questions about Revolution R Enterprise, please contact Revolution Technical Support by sending e-mail to:
[email protected] or fill out this Web support form .
Back to top
Obtaining Source Code
Revolution R contains R, which is covered by the GNU Public License (GPL). In accordance with that license, the modified R source code is available for download at the same location as the Revolution R binaries.
Back to top
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Cable Layout: 5
Wiring Information: 6
NOTES:
1. P1: male D15 connector with strain relief and thumb screws.
2. P2: Nexus TJ-106
3. Wiring as shown in schematic.
4. Star Quad configuration as shown.
Blue Pair: Pins P1 & P2 as shown
White Pair: Pins J1 & J2 as shown
5. Apply sufficient shrink tubing to provide strain relief
6. Use Belden 1192A star quad cable
7. Cable length "L" defined by length field of part number ordered
| Rev | Date | Originator |
|---|---|---|
| 01 | 05-31-06 | NAK |
| 02 | 08-22-07 | NAK |
| 03 | 04-14-09 | CJA |
Industry connector Sub
Group
DB15
| ASTi Part Number Sub Group | Source Device | ASTi Part Number | Current Revision Number | Description & Case Use |
|---|---|---|---|---|
| D15* | Iris, ACU, ACU2 | CA-D15M-Tj106-L-A | 03 | Iris/ACU to TJ106 For use with military headsets |
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Macedonia (Republic of)
Primary Credit Analyst:
Kai Stukenbrock, Frankfurt (49) 69-33-999-247; [email protected]
Secondary Contacts:
Marko Mrsnik, Madrid +34 913 896 953; [email protected] Sophie-Aurore de Saint-Marcq, London (44) 20-176-7115; [email protected]
Table Of Contents
Major Rating Factors
Rationale
Outlook
Related Criteria And Research
December 21, 2010
Macedonia (Republic of)
Major Rating Factors
Strengths:
* EU candidate status provides an anchor for reforms and political stability.
* Moderate but rising government debt levels.
* Moderate, albeit rising external indebtedness.
* Narrowing current account deficit (but expected to widen again in the medium term)
Sovereign Credit Rating
Foreign Currency
BB/Stable/B
Local Currency
BB+/Stable/B
Weaknesses:
* Persistent structural rigidities reflected in high unemployment, which weigh on the country's economic performance.
* Inflexible general government expenditure structure and inefficient social security system constrain the government's fiscal flexibility.
* Low level foreign currency reserves are a potential vulnerability for the long-standing currency peg to the euro.
* Residual, albeit declining, risk of interethnic tensions.
Rationale
The ratings on the Republic of Macedonia reflect the sovereign's moderate general government deficit targets and debt burden (although the latter is increasing); EU accession prospects that support reforms to improve economic and political stability; and moderate external indebtedness. The ratings are constrained by a weak but improving external position that could undermine the currency peg; internal structural rigidities such as high unemployment; and the potential for inter-ethnic tensions to undermine political and social stability.
We expect economic growth to be 0.9% in 2010 and 2.5% in 2011, compared with negative 0.8% in 2009, as Macedonia recovers from a relatively shallow recession. While exports are the main cause of growth, the volatility of external demand from the main trading partners remains one of the downward risks. Furthermore, we expect domestic demand to remain negative this year before recovering progressively from 2011, as unemployment remains very high and growth in domestic credit remains subdued.
We believe the government deficit will not exceed the 2.5% target this year, and will remain at that level for the next two years before lowering to 2% in 2013. The government requested a €480 million precautionary credit line (PCL) from the International Monetary Fund (IMF) as an insurance against funding risk. This should be approved by early next year and is expected to remain undrawn. After having tried to tap the markets during the spring 2010 period, the availability of this loan should improve Macedonia's ability to issue a new Eurobond in 2011, even if a high yield is to be expected. We expect the government's financing needs to be predominantly covered through external borrowing. We forecast general government deficits to increase the government's moderate net debt levels to 24% of GDP in 2013, from 17% in 2008.
The current account deficit almost halved in 2009 to 7.0% of GDP from 12.5% in 2008, reflecting an improvement in the trade balance as import demand dried up along with credit growth. In 2010, we expect the current account
deficit to narrow further to 3.6%, before starting to widen again as exports are expected to grow faster than imports.
Macedonia was granted EU candidate status in 2005, and in April 2009, the European Commission recommended opening accession negotiations, and moving to the second phase of the implementation of the Stabilisation and Association Agreement (SAA). The prospects of EU accession have acted as a policy anchor for reforms to improve economic and political stability. Nevertheless, the unresolved dispute with Greece about Macedonia's constitution remains an obstacle to EU and NATO accession, as Greece refuses to retract its veto. In our view, a quick resolution of the issue still appears unlikely. Furthermore, uncertainty remains over current EU members' appetite for further enlargement of the EU.
Outlook
The outlook is stable. We believe a renewed worsening of external liquidity indicators (due most likely to falling levels of international reserves), would intensify the risk of a disorderly exit from the fixed exchange rate regime, and would put downward pressure on the ratings. A resurgence of ethnic strife could also be negative for the ratings. Conversely, if Macedonia is able to adequately address economic imbalances and implement reforms leading to employment growth, enhancement of productivity in the tradable sector, and deepening financial markets to weaken reliance on external borrowing, this would contribute positively to Macedonia's creditworthiness. Further support could come from reforms of the social security system or the energy sector, which could eventually contribute to a return to dynamic and balanced growth.
Table 1 Republic of Macedonia--Selected Indicators
NFPEs--Nonfinancial public enterprises. CPI--Consumer price index. CAR--Current account receipts. e--Estimate. f--Forecast.
Related Criteria And Research
Rating history
* Sovereign Rating And Country T&C Assessment Histories
Default history
* Sovereign Defaults And Rating Transition Data, 2009 Update
* Sovereign Defaults At 26-Year Low, To Show Little Change In 2007
Current Government
Nikola Gruevski (Internal Macedonian Revolutionary Organization-Democratic Party for Macedonian National Unity; VMRO-DPMNE) is prime minister and head of a majority coalition comprising the VMRO-DPMNE and the Democratic Union for Integration (DUI). President Gjorge Ivanov is head of state.
Election Schedule
Parliamentary Last.......June 2008 Next...... July 2012 Presidential Last.......April 2009 Next.......March 2014
*Unless otherwise noted, all ratings in this report are global scale ratings. Standard & Poor's credit ratings on the global scale are comparable across countries. Standard & Poor's credit ratings on a national scale are relative to obligors or obligations within that specific country.
Additional Contact:
Sovereign Ratings; [email protected]
Additional Contact:
Sovereign Ratings; [email protected]
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THE NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY RELEASES A REQUEST FOR QUALIFICATIONS SEEKING ELIGIBLE RESPONDENTS FOR THE PURCHASE AND DEVELOPMENT OF THE FORMER RIVERFRONT PRISON SITE IN CAMDEN, NEW JERSEY
Issue Date: November 16, 2016
Question and Answer Period: November 16, 2016 until January 6, 2017
Due Date: March 1, 2017
REF # 2016-RED-RFQ-DEV-061 For more information, visit: http://www.njeda.com/bidding
NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY 36 West State Street, P.O. Box 990, Trenton, NJ 08625
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CONSULTING SERVICES TERMS AND CONDITIONS
1. COMPLETE AGREEMENT: These terms and conditions (the "Terms"), the corresponding contract to which these Terms are attached and Tri-State's specifications or scope of work (collectively, the "Contract") constitute the complete agreement of the parties concerning the subject matter and supersede any previous agreement or understanding, whether oral or written. The services, materials, equipment, work product, and supplies procured by Tri-State under the Contract (collectively, the "Services") shall be furnished by the vendor identified on the face of the Contract ("Consultant") subject to the Terms. As used in the Contract, "Consultant Representatives" includes Consultant's employees, agents and subcontractors (at any tier). No other terms or conditions shall be binding upon Tri-State unless accepted by it in writing. Consultant's written acceptance or performance of all or a portion of the Services shall constitute acceptance of the Contract. The terms of any written proposal referred to in the Contract are included and made a part of the Contract only to the extent that such proposal describes the Services, the price and the manner of performance, and only to the extent that such terms do not conflict with the Contract.
2. MANNER OF PERFORMANCE: Consultant shall perform the Services set forth on the face of the Contract. Consultant shall employ persons who possess the skill and training required to properly perform the Services. Consultant shall appoint a project manager, who shall be available at all times while the Services are in progress. The project manager shall be competent with experience in the type of Services being performed and capable of properly interpreting the Contract. The project manager shall have full authority to act upon instructions from Tri-State.
Consultant represents as of the date of the Contract to each of the following:
B. Consultant and Consultant Representatives have the relevant experience and specialized knowledge to perform the Services.
A. Consultant has investigated and carefully examined the scope of the Services and understands the nature and character of the Services to be performed.
C. Consultant is licensed under applicable state law to engage in the Services, it is in compliance with all laws and regulations applicable to the Services, and it is aware that Tri-State is relying on Consultant's skill and judgment in providing the Services to Tri-State.
D. The Services and other work performed by Consultant do not infringe upon any copyright, patent, trade secret, or other intellectual property right of any third party, and Consultant has neither assigned nor otherwise entered into an agreement (oral or written) by which it purports to assign or transfer any right, title, or interest in any technology or intellectual property right that would conflict with its obligations under the Contract.
3. ACCEPTANCE OF SERVICES; WARRANTY:
A. Acceptance. The Services shall be subject to review, inspection and testing by Tri-State at all times and places. If, prior to final acceptance and final payment, any Services are found to be incomplete or not as specified, Tri-State may (i) reject them and require Consultant to correct them without charge or (ii) require delivery of such Services at a reduction in price that is equitable under the circumstances. Consultant shall bear risk for all rejected Services. If Consultant is unable or refuses to correct the Services within a time deemed reasonable by Tri-State, Tri-State may terminate the Contract in whole or in part for Consultant's default.
B. Warranty. Consultant warrants that the Services furnished shall comply with the Contract and the Services shall be performed in a professional manner and with the degree of skill and diligence normally practiced by recognized engineering and consulting firms performing the same or similar services. If
during the 18 months following final acceptance and final payment, the Services do not conform to such standards, Consultant shall, upon notice from Tri-State within the warranty period, promptly re-perform and make corrections to such Services, at its own expense, to the extent necessary to satisfy the requirements of the Contract. The provisions of this Section shall then apply to said repaired or replaced Services for a period of 18 months from the date such repairs or replacements were completed. If Consultant is unable or refuses to correct warranted Services within a reasonable time, Consultant shall reimburse Tri-State for the reasonable costs incurred by Tri-State to correct such nonconformance.
4. ORDER MODIFICATION: Tri-State may notify Consultant of changes to the Services and subsequently confirm such changes in writing. If the price or time required for performance is affected, Tri-State shall equitably adjust the price or time, as applicable. No change by Consultant shall be recognized without written approval of Tri-State. Consultant must make a written claim for an adjustment to the performance period or price within 10 days from the date of receipt of notice of a change in the Services. Nothing in this Section shall excuse Consultant from proceeding with performance of the Services as modified by Tri-State.
5. TERM; SUSPENSION; TERMINATION; REMEDIES:
A. The Contract shall automatically terminate after final acceptance of the Services and final payment by Tri-State, except that this Section 5 and Sections 3, 6(F), 7-10, 13, 14, 17-18, 20, 23 and 25 of these Terms shall survive any such termination.
C. Tri-State may terminate the Contract in whole or in part for convenience at any time on written notice to Consultant and in such event, Tri-State shall compensate Consultant through the effective date of termination for the unit or pro rata price for Services performed and accepted.
B. Except as provided in Sections 16 and 17, Tri-State may suspend performance of the Services in whole or in part for up to 30 days at any time on written notice to Consultant and in such event, Tri-State shall issue a change order reflecting an equitable adjustment to the price or time, as applicable, upon resumption of the Services.
D. Tri-State may terminate the Contract in whole or in part if Consultant defaults in the performance of the Services or breaches any provision in the Contract and: (i) Consultant does not cure such default or breach after written notice from Tri-State within a reasonable time as determined by Tri-State or (ii) Tri-State determines in its reasonable discretion that such default or breach cannot be cured. Consultant shall be liable to Tri-State for all costs and expenses in connection with such default or breach.
E. Tri-State's rights and remedies in this Section shall not be exclusive and are in addition to any other rights and remedies provided at law or in equity including injunctive relief and specific performance.
6. SECURITY REQUIREMENTS:
A. Consultant shall ensure that it is in compliance with all Federal and state employment laws and regulations governing verification of eligibility of employment for individuals hired by Consultant and Consultant Representatives prior to permitting such persons to perform Services.
B. Consultant and Consultant Representatives will enter and exit Tri-State's facilities through security access areas, if any. In instances where Consultant or Consultant Representatives require access to highly secure areas of Tri-State's facilities and systems, at Tri-State security's discretion, Consultant or Consultant Representatives may be required to: (i) undergo a background check, (ii) respond to security questionnaires, (iii) verify social security numbers and (iv) complete any other training required by TriState. Tri-State may deny access to certain areas based on information obtained through this additional screening process and may contact appropriate authorities if the situation warrants.
C. Consultant Representatives shall be required to show a valid US Government photo ID (state or Federal), such as a driver's license, law enforcement ID, U.S. military ID, U.S. passport, or current INS card, prior to obtaining a badge and entering the worksite. Individuals without valid photo ID will not be permitted to enter the worksite or receive a badge.
E. Specific badging instructions unique to any of Tri-State's facilities shall be covered at pre-work or preoutage safety briefings. Badging procedures may vary depending on, among other things, the particular services, the number of workers, or the time required to perform the Services. Badges issued by TriState shall be visibly displayed at all times while on the worksite. Failure to do so will result in removal from the worksite by Tri-State's security personnel.
D. Prior to commencing the Services at a worksite, Consultant shall deliver a detailed list to Tri-State of all Consultant Representatives who will perform the Services at the worksite. The list shall include each person's name, type of valid photo ID and its unique ID number. This list shall be updated weekly and delivered to Tri-State's security staff for purposes of checking individuals into and out of a worksite.
F. If a Consultant Representative quits or is terminated, Consultant shall promptly return any ID badge issued by Tri-State on behalf of such individual. If an ID badge is lost or stolen, Consultant shall immediately notify Tri-State and provide written documentation describing the particular event. Any Tri-State-related costs for replacement of missing badges shall be charged to Consultant's account.
H. Tri-State's security staff may examine or search any items brought on or removed from the worksite and may examine or search at any time, in the presence of Consultant or a Consultant Representative, any enclosure on the worksite, including, but not limited to, storage bins, tool cribs, boxes, vehicles, construction equipment, office trailers, tool trailers, and lunch boxes. Items belonging to Consultant or a Consultant Representative shall also be subject to search, with or without the presence of Consultant or a Consultant Representative.
G. No weapons of any type, including, but not limited to, firearms, archery equipment, explosive or incendiary devices, drugs (unless prescription drugs authorized by a doctor), alcohol or pets are allowed on Tri-State's facilities. Any person observed with any such prohibited item may be immediately removed from the worksite and detained for local law enforcement authorities.
I. On request, Consultant shall provide Tri-State with a list of worksite equipment, tools, parts and materials, which list may be used to conduct inventory inspections.
K. To the extent Consultant is providing control or monitoring systems that will interface with Tri-State's control systems via transmission control protocol/internet protocol (TCP/IP), Consultant shall promptly provide, upon request and at no additional cost, information related to each cyber system as Tri-State may request including operating and application system information and ports.
J. Consultant is responsible for transporting Consultant Representatives to the worksite and responsible for securing its worksite at Tri-State's facility, including, but not limited to: fencing of laydown areas, locks and keys, fabrication, electrical power connections, coverings for equipment or materials, warehousing, lighting, etc.
L. Consultant shall confine Consultant Representatives to that portion of Tri-State's facilities where the Services are performed or to roads or areas leading to and from such worksites and to any other area which Tri-State has expressly permitted Consultant and Consultant Representatives to use.
N. Consultant Representatives shall immediately notify Tri-State after becoming aware that they have a communicable disease. The Consultant Representative shall cease performing work at Tri-State facilities until the communicable disease is no longer transmissible.
M. Harassment of any type, threats of violence, or actual violence, will not be tolerated. Allegations of any of the above will be investigated and if substantiated, the perpetrator will be removed from the worksite and not allowed to return. If necessary, the perpetrator will be detained by security personnel until local law enforcement authorities arrive.
O. Tri-State may deny access, or remove and ban from its facilities, anyone who violates the foregoing security provisions, has a questionable background, behaves erratically or suspiciously, or jeopardizes Tri-State's security measures, equipment, facilities, or personnel. Physical force may be authorized to prevent security incidents and law enforcement may be notified. Tri-State may change its security procedures at any time without explanation. Changes in security procedures may result in complete lockdown of worksites, increased searches, denial of access to worksites, or other measures.
7. EMPLOYEE NON-SOLICITATION: Consultant shall not, and shall ensure that Consultant Representatives do not, solicit for employment any Tri-State employee during the course of performance of the Services and for a period of 1 year after termination of the Contract.
8. PRICES, INVOICES, AND PAYMENTS: Prices are as indicated on the face of the Contract. Consultant shall submit an invoice, together with appropriate supporting information such as subcontractor invoices, expense receipts over $25, and any other reasonable backup documentation as Tri-State may require, covering compensation due Consultant for Services rendered under the Contract during the preceding month. Sales, purchase, use, and any other taxes shall be itemized separately from the Services on Consultant's invoice. Unless otherwise specified or required by law, Tri-State shall review, approve and pay each non-disputed invoice within 30 days of receipt thereof, unless a delay is caused by any condition within the control of Consultant. Tri-State shall have the right to set off any payments owed by Consultant to Tri-State. The review, approval and payment of any invoice by Tri-State shall not preclude the right of Tri-State from thereafter disputing any of the items involved in the invoice. Each invoice shall have the Contract number clearly stated on the first page of the invoice.
9. PAYROLL TAXES: Consultant shall pay all contributions, taxes and premiums measured upon its employee payroll or applicable to the Services, and Consultant shall hold Tri-State harmless from liability for any such contributions, taxes and premiums.
10. EXAMINATION OF RECORDS: Tri-State may examine and copy any pertinent books, documents, papers and records of Consultant in connection with the Services until the expiration of 3 years after final payment.
11. INDEPENDENT CONTRACTOR: Consultant and each Consultant Representative shall be an independent contractor, and no action, tax, assessment or liability of Consultant or a Consultant Representative becomes, by reason of the Contract, Tri-State's obligation.
12. CHARACTER OF SERVICES: Consultant shall furnish all equipment, personnel, and material sufficient to perform the Services in accordance with the Contract expeditiously and efficiently during the hours and shifts and at the locations designated by Tri-State. Time is of the essence in the performance of the Services and Consultant shall abide by all applicable project schedules in its performance.
13. INDEMNIFICATION:
A. To the maximum extent permitted by law, Consultant shall indemnify, defend and hold harmless TriState and its directors, members, subsidiaries, officers, employees and agents from and against all claims, demands, causes of action or suits of whatever nature for losses, liability, damages, fines, penalties, awards, judgments, reasonable attorneys' fees, costs, or expenses including bodily injury or death to persons or property damage caused by or resulting from one or more of the following: (i) Consultants or a Consultant Representative's negligence or intentional misconduct (but only to the extent of such negligence or intentional misconduct) in connection with performance of the Services; (ii) all laborers', materialmen's, and mechanics' liens threatened or filed of record against
Tri-State's property in connection with the Services; (iii) any misrepresentation or breach of a covenant, representation or warranty of Consultant in connection with the Contract; (iv) any violation or failure of Consultant or a Consultant Representative to comply with applicable laws, rules and regulations (including health, safety and environmental laws, rules and regulations); and (v) any third party claim of infringement of any patent, trademark, copyright, trade secret or other intellectual property right utilized in connection with the Services. If use of an intellectual property right is enjoined, Consultant shall procure for Tri-State the right to continue to use such intellectual property, or shall promptly provide a non-infringing substitute acceptable to Tri-State. Consultant shall also promptly notify Tri-State in writing of any claim, demand, cause of action or suit brought in connection with the Services.
B. Anti-Indemnity Language. Nothing in this Contract is intended to create or shall be construed or applied to create any obligation, agreement, covenant or promise to indemnify, hold harmless, insure or defend declared by NMSA 1978, § 56-7-1 et seq., as heretofore and hereafter amended, to be against public policy, void or unenforceable. Notwithstanding any other term or condition in this Contract, to the extent, if at all, any agreement to indemnify, hold harmless, insure (including the requirement to name the additional party as an additional insured), or defend another party (including such party's directors, members, officers, employees and agents) contained anywhere in this Contract is found by a court to be within the scope of NMSA 1978 §56-7-1 et seq., for its enforceability, then such agreement will not extend to liabilities, claims, damages, losses or expenses, including reasonable attorneys' fees, arising out of bodily injury or death to persons or property damage caused by or resulting from, in whole or in part, the negligence, act or omission of the indemnitee, its directors, members, officers, employees and agents.
14. LIENS: Consultant shall not receive final payment from Tri-State until it delivers evidence to Tri-State of a complete release of all liens arising in connection with the Contract, and an affidavit signed by an authorized officer of Consultant that Consultant has paid in full all laborers, materialmen and suppliers; but Consultant may, if any subcontractor or supplier refuses to furnish a release, furnish a bond satisfactory to Tri-State indemnifying Tri-State against any claim by lien or otherwise. If any lien or claim remains unsatisfied after final payment from Tri-State, Consultant shall promptly refund to Tri-State all monies necessary to discharge such lien or claim, including all costs and reasonable attorneys' fees.
15. PERSONNEL: Consultant shall employ persons who are skilled and properly trained for the Services, at least 18 years of age, and shall devote only the best-qualified personnel to perform the Services. Should Tri-State deem, in its sole discretion, anyone incompetent or unfit to perform the Services and so inform Consultant, Consultant shall immediately remove such person from employment under the Contract.
16. SAFETY: Consultant shall comply with all applicable health and safety laws, regulations and requirements and Tri-State's Safety and Health requirements, Attachment A, incorporated herein and made a part hereof.
17. ENVIRONMENTAL COMPLIANCE: Consultant shall perform the Services in compliance with all Environmental Laws. In the event of any noncompliance with Environmental Laws, Consultant shall promptly notify Tri-State and take corrective action in accordance with Tri-State's instructions. If Consultant fails to comply with its obligations under this Section, Tri-State may (i) take all necessary corrective action, the cost of which shall be reimbursed by Consultant; and (ii) withhold any amounts due to Consultant until the matter has been remedied to Tri-State's satisfaction. Consultant shall not be entitled to an extension of time or additional compensation for its compliance under this Section. The term "Environmental Laws" shall mean any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirements of any governmental authority regulating, relating to or imposing liability or standards of conduct concerning environmental protection, health or safety matters, as they may now exist or be hereinafter amended, including all requirements pertaining to reporting, licensing, permitting, investigation, removal or remediation of emissions, discharges, releases, or threatened releases of hazardous materials, chemical substances, pollutants or contaminants or relating to the manufacture, generation, processing, distribution, use, treatment, storage, disposal, transport, or handling of hazardous materials, chemical substances, pollutants or contaminants, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), as amended, 42 USC §§ 9601, et seq., the Toxic Substances Control Act ("TSCA"), as amended, 15 USC §§ 2601, et seq., the Solid Waste Disposal Act, as amended, including the Resource Conservation and Recovery Act ("RCRA"), as amended, 42 USC §§ 6901, et seq., the Clean Air Act ("CAA"), as amended, 42 USC §§ 7401, et seq., the Federal Water Pollution Control Act (Clean Water Act or "CWA"), as amended, 33 USC §§ 1251, et. seq., the Federal Insecticide, Fungicide, Rodenticide Act ("FIFRA"), as amended, 7 USC §136 et. seq., and the Hazardous Materials Transportation Authorization Act of 1994, as amended, 49 USC §§ 5101, et seq.
18. INSURANCE REQUIREMENTS:
A. Consultant shall, and require Consultant's subcontractors to, take out and maintain throughout the term of the Contract and for a period of 1 year after termination of the Contract and during any on-site warranty work insurance in the following types and amounts:
ii. Commercial general liability insurance in the amount of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 annual aggregate. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). Such policy shall provide completed operations coverage for additional insured;
i. Workers' compensation insurance with minimum statutory limits to cover obligations imposed by federal and state statutes applicable to its employees and employers' liability insurance for bodily injury by accident of $500,000 each accident, bodily injury by disease of $500,000 each employee and $500,000 each accident;
iii. Comprehensive automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage. Such policy must cover owned, non-owned, and hired vehicles, trailers or semi-trailers designed for travel on public roads;
v. Professional liability (E&O) insurance with a 1 year extended reporting period in an amount of $2,000,000 per claim and $2,000,000 annual aggregate.
iv. Umbrella liability insurance/excess coverage (following form) in the amount of $5,000,000 per occurrence and $5,000,000 annual aggregate; and
B. Insurance policies may include a deductible or self-insured retention reasonably acceptable to Tri-State. The required insurance policies (except workers' compensation), through policy endorsement, shall each state that they are primary and non-contributing with respect to any insurance maintained by Tri-State or its subsidiaries. The certificates of insurance shall state that each of such policies is primary and noncontributing with respect to any insurance carried by Tri-State or its subsidiaries. There shall be no endorsement or modification limiting coverage for liability assumed under an insured contract.
D. The policies for commercial general liability, umbrella liability/excess coverage, and automobile liability insurance must include cross liability coverage either by way of separation of insureds clause or
C. Consultant and its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Tri-State and its subsidiaries, officers, employees, and agents for all claims and suits. The certificates of insurance must reflect the waiver of subrogation endorsement.
otherwise. Tri-State, its subsidiaries, its officers, employees, and agents must be named as an additional insured with respect to the Services and must be indicated on all certificates of insurance required by this Section (except workers' compensation).
F. At Tri-State's request, Consultant shall, at its expense, promptly repair or reimburse the party for any damage caused by Consultant or Consultant's Representatives to Tri-State's or a third party's property.
E. Prior to performing Services pursuant to the Contract, Consultant shall provide Tri-State acceptable certificates of insurance evidencing the required coverages, endorsements, and, if requested, insurance policies. Consultant shall provide copies of all insurance policies and endorsements required in this Section to Tri-State within 10 days of Tri-State's written request. Each insurance policy shall provide by endorsement for 30 days written notice to Tri-State prior to the effective date of any cancellation or material adverse change, and in the event of cancellation for non-payment of premium, 10 days prior written notice; provided, however if Consultant is unable to abide by such requirements, Consultant must notify Tri-State immediately should any of the above described policies be cancelled before the expiration date, if the insured receives a non-renewal notice from its carrier, or any material adverse change of coverage. Consultant must cease operations under the Contract and not resume operations until required coverage is in place and proof is provided to Tri-State.
G. In the event any of the Services are to be performed in Wyoming, Consultant is not a resident of Wyoming, and the performance of the Services in Wyoming will take longer than three (3) days, Consultant shall be required to purchase workers' compensation insurance coverage, with statutory liability limits, directly from the State of Wyoming's monopolistic state fund. Coverage cannot be purchased from a private insurance company or agent. Additionally, because employer's liability insurance is not available in Wyoming, Consultant must purchase a "stop-gap" endorsement to its commercial general liability policy. Prior to performing any Services on any Tri-State property in Wyoming, Consultant shall provide satisfactory written evidence to Tri-State that such workers' compensation and stop-gap coverage are in place. If Consultant is not a resident of Wyoming, and Services are to be performed in Wyoming, Consultant shall comply with Wyoming statute §27-1-106 et. seq. regarding surety bonds or other security. Prior to performing any Services, Consultant will provide satisfactory written evidence to Tri-State of such compliance.
19. PERMITS; COMPLIANCE WITH LAW: Unless otherwise stated on the face of the Contract, Consultant shall procure all permits and licenses and abide by all applicable laws, regulations, and ordinances in the locale where the Services are performed.
20. WORK PRODUCT: Upon payment for the Services, title and rights to all drawings, specifications, reports, and other work product of the Services prepared and furnished under the Contract shall vest in Tri-State upon delivery.
21. WAIVERS: If Tri-State fails at any time, or from time to time, to enforce or require the strict performance of the Contract, such failure shall not constitute a waiver by Tri-State of a breach of the Contract, or the right of Tri-State to seek any remedy available to it for any such breach.
22. ASSIGNMENT: The Contract is assignable by Tri-State at any time. The Contract may not be assigned by Consultant and none of Consultant's obligations may be delegated or subcontracted without Tri-State's advance written consent.
23. CONFIDENTIALITY: Consultant shall not, and Consultant shall ensure that each Consultant Representative shall not, disclose any information furnished to it by Tri-State that: (i) is either marked "proprietary" or "confidential" or (ii) under the circumstances, could reasonably constitute confidential or proprietary
information; provided that Consultant and a Consultant Representative may disclose such information to its employees and agents who have a "need to know" so long as such persons agree to protect the confidentiality of such information in accordance with this Section. Consultant and each Consultant Representative shall use the same degree of care to protect such information as such party uses with respect to its own confidential information, but in no event, less than a reasonable degree of care. The obligations contained in this Section shall not apply to information that: (y) was already in Consultant's (or a Consultant Representative's) possession other than through a breach of this Section or (z) was or becomes generally available to the public other than through a breach of this Section.
24. SEVERABILITY: If any of the part of the Contract is held invalid by a court having jurisdiction, Tri-State may substitute a term or provision as similar in terms as possible to such invalid term, and, in any event, the remainder of the Contract shall remain in full force and effect.
25. GOVERNING LAW; JURISDICTION, WAIVER OF JURY TRIAL: Unless otherwise required by law, the Contract is governed by the laws of the State of Colorado without regard to its choice of law provisions. Jurisdiction and venue for any legal proceedings in connection with the Contract shall be in Adams County, Colorado. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION RESULTING FROM THE CONTRACT.
26. SANCTIONS: Consultant shall refrain, and cause its subsidiaries to refrain, from doing business in a sanctioned country or with a sanctioned person, in each case in violation of the economic sanctions of the United States administered by the Treasury's Office of Foreign Assets Control ("Sanctions"). Consultant shall not (a) directly or indirectly use the money paid by Tri-State pursuant to the Contract or otherwise make available such money to any person to fund, any activities of or business with any person, or in any sanctioned country, that, at the time of such funding, is the subject of Sanctions, or in any other manner that will result in a violation by any person of Sanctions or (b) directly or indirectly use the money paid by Tri-State pursuant to the Contract for any purpose which would breach the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 or other similar legislation in other jurisdictions.
27. EEO CERTIFICATION: The parties hereby incorporate the requirements of 41 C.F.R. § 60-1.4(a) and 29 C.F.R. § 471, Appendix A to Subpart A, if applicable; and the Consultant and Consultant's subcontractor(s) shall abide by the requirements of 41 CFR 60-300.5(a) and 41 CFR 60-741.5(a), if applicable. These regulations prohibit discrimination against qualified protected veterans and qualified individuals with disabilities, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and qualified individuals with disabilities.
ATTACHMENT A – TRI-STATE SAFETY AND HEALTH REQUIREMENTS
1.0 Overview
For purposes of this Attachment A, Tri-State Safety and Health Requirements ("Requirements"), Contractor shall mean Consultant (as such term is defined in the Contract) and Contractor Representative shall mean Consultant Representative (as such term is defined in the Contract).
Contractor has the sole responsibility for the health and safety of Contractor Representatives performing Services including the provision of required safety equipment and personal protective equipment ("PPE"). TriState is not obligated to provide Contractor or Contractor Representatives with any safety and health consultation services, advice, training or safety equipment. Tri-State has the right, but not the obligation, to inspect Contractor's compliance and/or enforce compliance with these Requirements.
THIS ATTACHMENT IS INTENDED TO BE AN OVERVIEW OF TRI-STATE'S SAFETY AND HEALTH REQUIREMENTS AND IS NOT INTENDED TO BE A COMPREHENSIVE OR EXHAUSTIVE LIST. THIS ATTACHMENT IS NOT INTENDED TO SUPERSEDE OR REPLACE CONTRACTOR'S OBLIGATIONS UNDER THE CONTRACT TO COMPLY WITH (AND ENSURE CONTRACTOR REPRESENTATIVES COMPLY WITH) ALL APPLICABLE LAWS, ALL REASONABLE DIRECTIONS AND ORDERS GIVEN BY REPRESENTATIVES OF TRI-STATE, AND ALL OTHER GUIDELINES, RULES AND PROCEDURES OF TRI-STATE THAT MAY BE GIVEN TO CONTRACTOR FROM TIME TO TIME, INCLUDING WITHOUT LIMITATION, SAFETY AND HEALTH STANDARDS, POLICIES, AND PROCEDURES RESULTING FROM A PRE-JOB RISK ASSESSMENT, AMENDMENTS BY TRI-STATE, OR AMENDMENTS RESULTING FROM CHANGES IN APPLICABLE LAWS.
2.0 Safety & Health Requirements
2.1 Regulatory Compliance
Contractor shall comply with all applicable federal, state and local occupational safety and health laws, regulations and standards. Contractor using its own judgment, experience, and knowledge shall identify such additional health and safety measures as may be required for the Services to be performed safely.
2.2 Safety and Occupational Health Supervisor
Before on-site Services begin, Contractor will assign a designated safety and health supervisor, qualified by experience and/or education, for all Services taking place. This person must be dedicated to managing the implementation of the Contractor's safety and health program but may have additional project functions provided they do not interfere with the effective implementation of the program. Contractor shall provide TriState's OATR with the name and contact information of the assigned supervisor(s) and/or any changes in the assignment.
2.3 Competent and Qualified Persons
Contractor shall also employ a "competent person" and/or "qualified person" capable of identifying unsafe hazards. Such person(s) shall have the authority to take prompt corrective measures to correct such hazards, and to carry out the responsibilities of a "competent" and/or "qualified" person as required by applicable Occupational Safety and Health Administration ("OSHA") standards. Contractor shall provide Tri-State's OATR with the name and contact information of the assigned person(s) and/or any changes in the assignment.
2.4 Project Safety Plan (PSP)
Contractor shall develop a project safety plan ("PSP") that describes how the Contractor will safely provide Contractor's Services. Content of the plan shall address regulatory compliance and any additional health and
safety measures as may be required for the Contractor's Services to be performed safely. A copy of the Contractor's PSP shall be provided to the Tri-State OATR prior to the start of on-site work.
2.4.1 Job Safety and PPE Analysis
Before on-site Services begin, a written job safety analysis will be completed by Contractor to identify occupational safety and health hazards associated with the Services to be provided. The analysis will be included in the PSP. For each identified hazard, hazard controls must be specified and implemented. A hazard analysis defining the required personal protective equipment for the Services will also be completed in accordance with OSHA standard, 29 C.F.R. §1910.132(d) and other applicable federal, state and local occupational safety and health laws, regulations and standards.
2.4.2 Emergency Action Plan (EAP)
Contractor shall develop a written emergency action plan ("EAP") in accordance with OSHA standard 29 C.F.R. §1910.38 and other applicable federal, state and local occupational safety and health laws, regulations and standards. Contractor shall include the EAP in Contractor's PSP. Contractor shall train all Contractor Representatives on the provisions of the EAP.
2.5 Monthly Safety and Health Reports
Within five (5) working days of the end of each calendar month, or after all Services are performed, Contractor will provide Tri-State's OATR with a written report containing the following information:
* Number of first aid injuries
* Number of OSHA recordable injuries
* Number of OSHA recordable illnesses
* Number of lost work day cases and lost days
* Number of restricted work day cases and number of restricted days
* Monthly man-hours
* Copies of all incident investigations (regardless of previous transmittal or notification)
* Copies of all completed safety inspections
* Status on all corrective actions required as a result of completed incident investigations or safety inspections
* Copies of all safety meeting minutes and sign-in sheets
* Copies of monitoring and sampling results for personnel and work areas
This information will be provided for Contractor and all subcontractors to Contractor. A sample report is either provided in Appendix A, Contractor Monthly Safety Report, to this Attachment or available upon request from the OATR or contract administrator.
2.6 Safety Meetings
At a minimum, Contractor shall conduct daily "tail gate" safety meetings with each work crew to review workplace safety and proper work practices.
2.7 Accident Reporting and Emergency Care
Contractor will report to Tri-State any of the following incidents and complete an incident investigation and corrective action report: all OSHA recordable injuries and illnesses; all property damage; all fires; and near misses which could have resulted in personal or property damage.
In the event of a medical emergency or injury requiring offsite treatment, oral notification must be made to TriState's OATR within twenty (20) minutes after attending to the affected employee. All other incidents require oral notification within one working day. Written incident reports are due to Tri-State's OATR within one working day of the incident. Completed investigations with corrective actions are due within seventy two (72) hours. Corrective actions must be tracked to completion.
2.8 Safety and Health Program Enforcement; Work Stoppage
Contractor is expected to implement and enforce its safety and health program and these Requirements during the term of the Contract in a proactive manner without direction from Tri-State.
If safety or health deficiencies are observed by Tri-State during the performance of the Services, Tri-State may, in its sole discretion, issue a written "safety deficiency notice" or oral notice to Contractor for items such as, but not limited to, unsafe conditions, unsafe acts, or non-compliance with OSHA regulations. Contractor shall address and correct the conditions identified in the oral or written notice in a timely fashion and notify Tri-State in writing when it has been corrected. Tri-State's issuance of a "safety deficiency notice" or an oral notice does not relieve Contractor of any obligations, responsibilities, or liability under the Contract, these Requirements or applicable laws.
Tri-State has the authority to direct Contractor to stop work and/or to remove personnel, from Tri-State's premises. This direction may be given orally and/or in writing to any Contractor Representatives by Tri-State.
Examples of reasons Tri-State may direct Contractor to stop work and/or remove personnel from Tri-State's premises include, but are not limited, to the following: imminent or serious hazards, unsafe behaviors or conduct, serious accidents or near misses, issuance of serious, repetitive, or high numbers of oral notices or safety deficiency notices to Contractor, failure of Contractor to correct safety and health hazards, inspection or surveillance findings, or other subjects of deficiency notices, unprofessional conduct, possession of firearms, weapons, alcohol, illegal substances, or drug paraphernalia, or working under the influence of alcohol or illegal substances.
Tri-State will not compensate Contractor for costs and expenses associated with safety and health related work stoppages or personnel removal. In addition, Contractor may be liable to Tri-State for any costs and expenses incurred by Tri-State associated with any safety and health related work stoppages. Contractor will not be allowed to add time to schedules, miss milestones, or avoid liquidated damages agreed to in the Contract due to safety or health related work stoppages or personnel removals.
All Contractor Representatives shall have the authority to refuse work if they determine that their work conditions are unsafe. A Contractor Representative's supervisor shall be notified and the condition documented and corrected if necessary. The documentation will be provided to Tri-State's OATR within one working-day after the occurrence.
2.9 Inspection and Oversight
2.9.1 Contractor Inspections
Contractor shall make daily informal safety and health inspections to identify and correct hazards and review work practices. Documented weekly inspections will also be completed and must be kept onsite and available for review by Tri-State. The weekly inspections shall encompass Contractor's entire worksite. Deficiencies found during the weekly inspection will be tracked by Contractor until corrected.
2.9.2 Tri-State Safety and Health Inspections
Tri-State may conduct safety and health inspections of the Contractor's work, as it determines appropriate. These inspections may or may not be announced. Deficiencies found during the inspection may be provided to Contractor for correction in an Occupational Safety/Health Notice or oral notice. All deficiencies will be tracked by Contractor until corrected. Contractor shall notify Tri-State in writing when all deficiencies are corrected. Such inspections do not relieve Contractor of any obligations, responsibilities, or liability under the Contract, these Requirements or applicable laws and regulations
2.9.3 Regulatory Agencies
Contractor shall immediately notify Tri-State of any and all government inspectors or compliance officers actually or expected to be on-site. Tri-State may elect, at its discretion, to participate in all inspections and reviews conducted on Tri-State's premises and any subsequent related activities. Contractor shall also notify Tri-State of any written complaints, notices of violations, citations, etc. Copies of such materials shall be provided to Tri-State upon request.
2.10 Training and Orientation
2.10.1 Contractor Training
Before the on-site Services begin, Contractor will provide occupational safety and health training in accordance with applicable federal, state and local occupational safety and health laws, regulations and standards including the OSHA standards and these Requirements. Contents of the PSP, the job safety analysis and the EAP will also be covered. This training will be documented and available for review onsite by Tri-State.
2.10.2 Tri-State Provided Orientation
Tri-State will provide Contractor with an orientation that discusses location-specific requirements necessary to perform work at Tri-State's facility. Attendance and adherence to this orientation by Contractor is mandatory. Tri-State is not obligated to provide safety and health training, advice, consultation or safety equipment to Contractor.
2.10.3 Visitor Orientation
Contractor shall notify Tri-State of all visitors and provide all visitors with a visitor orientation that includes, at a minimum, Contractor's Emergency Action Plan and PPE requirements. Visitors shall be escorted at all times by a Contractor's employee and shall comply with Tri-State's security requirements set forth in the Contract.
2.11 Representative Conduct
* Contractor's Representatives must conduct themselves in a professional and orderly manner at all times while on Tri-State's premises.
* Special areas of Tri-State's facilities have been designated "No Smoking" areas. Smoking is not allowed in any enclosed coal handling area.
* Fighting, scuffling, horseplay, and practical joking are dangerous and strictly forbidden. Contractor's Representatives involved with these activities may be removed from Tri-State's premises and/or removed from performance of Services under the Contract.
* No Contractor's Representatives shall remove, displace, damage, destroy or carry off any safety device, notice or warning sign.
* No Contractor's Representatives will be permitted to work if, in the judgment of Tri-State, the Contractor's Representative is unable to carry on the work safely.
* Clothing suitable to work must be worn at all times. Shorts, sleeveless shirts and open footwear are not permitted. Additionally, if specific clothing or protective gear is required by the Contractor's PPE hazard analysis, it must be worn.
* All personnel must follow posted speed limits and traffic postings at all times.
* All vehicle operators and passengers must use seat belts any time the vehicle is in motion. Seat belts shall be worn at all times during the operation of heavy equipment except as provided in by applicable law.
* All vehicles must be registered and insured.
* All drivers must have a valid driver's license.
* Personal and Contractor vehicles shall be parked only in designated areas.
2.12 Radiation Safety
Contractor is advised that certain process flow rates at Craig Station are monitored by radioactive sources. The areas where nuclear sources are present are posted with radiation warning signs. These areas include coal feeding and handling, fly-ash and limestone silos, precipitators and scrubbers.
Contractor Representatives performing Services in these areas are required to contact the OATR. The OATR will provide information concerning the precautions required by the Tri-State's radiation safety program and a copy of the facility's radioactive source list.
2.13 Permit-Required Confined Spaces
Contractor shall comply with OSHA standard 29 C.F.R. §1910.146 and other applicable federal, state and local occupational safety and health laws, regulations and standards for all confined space work and entries on site.
2.14 Control of hazardous energy (Lockout/Tagout)
Contractor shall comply with OSHA standard 29 C.F.R. §1910.147 and other applicable federal, state and local occupational safety and health laws, regulations and standards for the safe control of all hazardous energy on site.
2.15 Hot work
All hot work permits will be approved by Tri-State before welding or other hot work begins.
2.16 Hazard Communication
Contractor shall comply with OSHA's Hazard Communication Standard. Before the Services begins, Contractor shall provide Tri-State with a copy of its Hazard Communication Program, a copy of all Material Data Safety Sheets (MSDS) for all hazardous chemicals Contractor brings on to the job site, information regarding any precautionary measures which need to be taken during normal operating conditions and foreseeable emergencies and information regarding the labeling system used on the job site.
2.17 Other Safety and Health Requirements
Other job-specific occupational safety and health requirements may be addressed in the technical specifications or scope of work of the Contract.
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Mining for Gold
A Bright Vision and Exploration into the Essential Nature and Purpose of the Bhikkhuni Sangha in the Ancient Texts and Lives of the Noble Ones and Brought to Life through Living the Pure and Perfected Holy Life in the Modern World
by Ayya Tathaaloka Bhikkhuni
Introduction
When meditating on this paper before beginning it, I set my intentions for the fulfillment of the purpose of the Buddha's Sasana—our freedom from suffering and the welfare of all living beings. The nimitta, or image, that came to mind was of sara—the heartwood, or essence.
I remembered my own inspiration to undertake bhikkhuni life came when reading this phrase in the Pali Text Society's translation of the Bhikkhuni Vibhanga: "A bhikkhuni is essential." 1 The Buddha's teaching analogies of heartwood 2 and refining gold 3 are lamps that illustrate the meaning and goal as well as the means of the practice. Consulting with an elder Mahathera mentor of mine in the Bhikkhu Sangha on what would be useful to present to the First Global Congress on Buddhist Women, he repeated three times: "mining for gold." 4 Thus, the title and theme of this paper appeared.
In later reflection, I realized that "Sara" (aka Tessara or Devasara) was also the name of the Sri Lankan bhikkhuni venerable whose service to the Sangha in her fifth century CE trip to China with her peers, recorded both in China and Sri Lanka, has been somehow energetically key in bringing the whole issue of the viability of the original bhikkhuni lineage to life. This paper thus also serves as a tribute to Ayya Sara, to Sanghamitta, and to all the great beings back to the most noble, the Buddha himself, who have served as Dhammadutas, "Dhamma messengers" preserving the Dhamma and the Sangha to this day.
Heartwood and Refining Gold
The Ancient Analogies
Like mining for gold, we begin with a look into passages of the Dhamma-Vinaya texts of the Pali Canon that have inspired a number of modern Western women to adopt the Bhikkhuni Vinaya and undertake the full and complete living of the holy life, contributing to the contemporary development of a Theravadan Bhikkhuni Sangha in North America.
Purpose and Intention in Going Forth
First, I would like to bring forth and affirm the essence of our inspiration, faith, and motivation in going forth into homelessness in this Teaching and Discipline.
"Lord, if women were to go forth from the home life into homelessness in the Tathagata's Dhamma-Vinaya, would they be able to realize the fruit of stream-entry, once-returning, non-returning, or arahantship?"
```
"Yes, Ananda, they would. . . ." (Culavagga)
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When questioned as to the fundamentals of his Teaching and his Sasana, the Blessed One is said to have answered that he taught only one thing: suffering and the end of suffering, for men and women, human and nonhuman beings. The teaching, divided into path and fruits, has but one taste, the taste of freedom, of liberation. The question here today, as in the time of the Buddha, is whether the going forth of women in the Blessed One's Dhamma-Vinaya, bhikkhuni ordination, will enable this noble purpose. The Buddha's answer is clearly affirmative. This is the basis of our intent.
The entire Doctrine and Discipline, both Dhamma and Vinaya, revolve around and are rightly meant to be skillful means and a practical path to facilitate this one essential purpose. This has been described as the overarching operating principle of the Buddha's Sasana, of his Dhamma, and of his Sangha. We keep the Buddha's intention when we use Dhamma and Vinaya in this way: for facilitating, supporting, and empowering the liberation of women, of men, and of all living beings.
I feel it is important, when coming together as Sangha, to remember and reflect upon this most basic and essential truth, and to affirmatively commit and dedicate our thoughts, words, and deeds to remaining true to this purpose. If we stray from this, we stray from the Path.
Ordination Options
In studying Buddhist history, Indian society appears to have been highly patriarchal in the Buddha's time. Nonetheless, although according to Brahmanical social conventions the Blessed One might have easily had the option to ordain his female disciples as white-robed laywomen devotees with eight precepts or as perpetual novices who lived and practiced by gaining merit in service to the Bhikkhu Sangha, he did not choose to do so. Nor did he, in the Theravadan texts, ever recommend that women seek rebirth as men. 5 , 6 Although the Pali texts do record instances of men being reborn as women and subsequently gaining enlightenment (one example being Mahapajapati Gotami), stories of women being reborn as men and gaining enlightenment do not appear. In fact, in both the Jataka tales and the Theri- and Thera-gathas of the Pali Canon, rebirth in a different gender seems to be quite rare and in several other non-Pali textual renditions, entirely absent. Tellingly, the Blessed One's direction to the aspiring women who had gone forth, as recorded in the Pali texts, was:
"Gotami, as the bhikkhus train themselves, so should you train yourselves." 7 (Culavagga)
Historians have placed the foundation of the Bhikkhuni Sangha, according to the story of the ordination of Mahapajapati Gotami excerpted above, at six years following the Buddha's first teaching. 8 The formation of the first precept of the Vinaya, the explication of which is excerpted directly below, is generally said in Theravadan Buddhist teaching to be dated twenty years after the Enlightenment.
In the Pali Vinaya's Sutta Vibhanga, the very first precept's definition of a bhikkhuni (or a bhikkhu) lists the various constituent factors that make one a Buddhist monastic, beginning with the name, form, and livelihood of a mendicant, that is, "she is called a bhikkhuni because she is a samana who wears patchwork robes and lives dependent upon alms." Then, amongst the early types of ordination listed, we find the ehi bhikkhuni 9 , the bhikkhunis ordained by the "come bhikkhuni" ordination, and the tihi saranagamanehi bhikkhuni, the bhikkhunis ordained through going for the three refuges. Next we find the bhadra bhikkhunis and sara bhikkhunis, those bhikkhunis who are "excellent" and who are "essential" (who have realized the essence or the heartwood). There are those still in "training," the sekha bhikkhunis; and those "beyond training," the asekha bhikkhunis. At the end, we find the final form of ordination for bhikkhunis in the Buddha's lifetime: the bhikkhunis who are such by having been "ordained by both Sanghas in unison through the unshakable and fully valid act of a motion with three pronouncements."
The Buddha himself affirmed that his Sasana of four assemblies became complete with the establishment of the Bhikkhuni Sangha, as it has also been for the Buddhas of the past. As affirmed by thousands of Buddhist monks around the world each day reciting the Ratana Sutta to empower their paritta blessing chants and inspire their meditations: Idam pi Sanghe ratanam panitam; etena saccena suvatthi hotu: "In the Sangha is this precious jewel; by this truth may there be well-being."
The forms of ordination above are distinctive and important, showing that both the Buddha himself and the Sangha as guided by him, used flexibility in method under varying circumstances. 10 Ordained by whatever valid method, it is the sara bhikkhus and sara bhikkhunis that are these essential jewels above; this treasure, the unsurpassed field of merit for the world.
For more than twenty-five centuries the monastic Sangha that has been the keeper of this essence— the practitioners, the knowers, and the teachers of the pith, the heart of the Buddha's teaching and enlightenment, Unborn and Undying. Although there are many elements, the gold is still radiant and discernable. The majority of the Western Buddhist monastics that I know, myself included, were in fact inspired to monastic life by the forth devaduta or "divine messenger," the vision of an inspiring monastic.
With the spread of the lay women's liberation movement in our modern world, even if there had never been bhikkhuni Arahantas, nor verses of the Therigatha in which women sing their songs of freedom, nor any greatest woman disciples of the Buddha, nor affirmations from the Buddha himself of his Sasana being complete with bhikkhunis, still women of today might aspire to ordain, as in other faith traditions. But Buddhism, from its beginnings, is not such a bereft tradition 11 .
It has been said that women do not become religious leaders in a vacuum, but rather in a cultural context that supports their achievement. Truly, as the Buddha taught, nothing happens without cause and supportive conditions. The present existence of great bhikkhunis and great bhikkhus, north and south, east and west, together with reflection upon the great enlightened ones of old, may be just such a context for bringing forth great faith, great resolve and enlightened Sangha members. The supreme and most fertile ground for cultivation has not yet disappeared from this earth, but remains in our human hearts and bodies—both men and women—awaiting good conditions, watering, nourishing, and cultivation.
Sanghanussati: Receiving the Lineage
In my time training with the Bhikkhuni Sangha in South Korea, as part of our thrice-daily chanting, we recollected and chanted our homage to the "Ten Great Disciples" 12 as Sanghanussati, the meditation known as "Recollection of the Sangha." In fact the Buddha himself recommended that his monastics practice such Sanghanussati daily. Research into the identity of the ten great disciples led me to discover that at one point in the Buddha's teaching career, when questioned as to the efficacy of his Sasana, he affirmed having more than five hundred Arahant bhikkhu disciples and five hundred Arahant bhikkhuni disciples. The stories of 102 enlightened bhikkhunis may still be found in twenty places in the Pali Canon, in the Bhikkhuni Samyutta, in the Apadana, in the Suttas themselves, and in the collection known as the Therigatha.
Among these stories, as varied as the Buddha's expedient means, we find mention of anywhere from two to eighty great disciples, of ten great bhikkhus and ten great bhikkhunis, and of the Ten Great Disciples—five of them bhikkhus: Sariputta, Maha Moggallana, Maha Kassapa, Ananda, and Upali; and five of them bhikkhunis: Khema, Uppalavanna, Kisagotami, Dhammadinna, and Patacara—all of them praised for their exemplary cultivation and realization. Of these ten, Sariputta Thera and Khema Theri were known for their wisdom, Maha Moggalana Thera and Uppalavanna Theri for their supernormal powers, Maha Kassapa Thera and Kisagotami Theri for their asceticism, Ananda Thera and Dhammadinna Theri for their exposition of the Dhamma, and Upali Thera and Patacara Theri for their knowledge of the Vinaya. Arahanta Bhikkhuni Dhammadinna was one of the rare and special persons of whom the Buddha himself spoke of her words and teaching as buddhavacana; a "Buddha's words" or "speech of an Awakened One," equating her words with his own. The venerable ones Mahapajapati Gotami, Patacara and Anoja Theri are also recorded as each having followings of five hundred (the language of the suttas for a very large number) of their own enlightened disciples.
The Buddha especially recommended two bhikkhunis as examples for all to look to and emulate, the standard by which a bhikkhuni may evaluate herself, the venerable ones Khema and Uppalavanna. In the early days, Ayyas Khema and Uppalavanna shared the leadership of the Bhikkhuni Sangha. While Khema was known for her great wisdom, Uppalavanna was known for her psychic powers. Uppalavanna is also remembered, along with Mahapajapati, Patacara, Dhammadinna, and Thullananda, as one of the first bhikkhunis authorized by the Buddha to confer bhikkhuni ordination. The good word of the revered Khema was that she was "wise, competent, intelligent, learned, a splendid speaker and ingenious," causing even the great King Pasenadi of Kosala to come to meet her and pay his homage to her.
To end all doubts 13 , finally we find in the Mahaparinibbana Sutta that near the end of his life, the Buddha revealed that from the very beginning of his Dispensation, he had determined to not pass into Parinibbana until his Four-fold Sangha had been fully established— with not only bhikkhus, lay men and lay women, but with bhikkhunis as well:
"And the Blessed Lord has said: 'I will not take Final Nibbana until I have bhikkhunis, female disciples, who are accomplished, trained, skilled, learned, knowers of the Dhamma, correctly trained and walking the Path of the Dhamma, who will pass on what they have gained from their teacher, teach it, declare it, establish it, expound it, analyze it, make it clear; till they shall be able by means of the Dhamma to refute false teachings that have arisen, and teach the Dhamma of wondrous effect.'" (Digha Nikaya 16)
And in case any doubt remained, in Mahavagga III, amongst the allowances for a bhikkhu leaving his vassa boundary for up to seven days, we learn that the ordination is so important and urgent that, for the sake of ordaining a woman as a sikkhamana or even as a samaneri (novice), if no bhikkhuni is available to conduct the ordination a bhikkhu not only may but should, as his affirmative duty, leave his site of retreat to do so. 14 This required him to travel by foot through sodden territory during the monsoons. Contrary to the words of some popular modern teachers who say that being ordained (or not) for women just does not matter, 15 this passage speaks enormously to the great respect and great importance given to each level of ordination (being given as soon as possible!) and the living of the monastic life as the Buddha taught it, in its completeness and purity, in both essence and convention, for the complete ending of all suffering.
It is said that virtuous thoughts arise rarely and transitorily in the world, like a flash of lightning in the dark of night. How important the above Vinaya injunction makes it seem to take full and expedient advantage of the precious opportunity we have in human birth and the still more precious aspiration to bodhi when it arises.
As the Buddha said to Sundari Theri:
"Then welcome to you, good lady; you are not unwelcome. For in this way the tamed come, to pay homage to the Master's feet. Free of desire, unfettered, their task done, without taints." (Therigatha)
The Recollection of the Ten Great Bhikkhuni Disciples is as follows: Khema of Great Wisdom; Uppalavanna, Foremost in Psychic Power; Kisagotami, Foremost in Asceticism; Dhammadina, Foremost in Exposition of the Dhamma; Patacara, Preserver of the Vinaya; Bhadda Kundalakesu, First in Speed to Gain Nibbana; Sundari Nanda, Foremost in Meditation; Sakula, Foremost of those with the Divine Eye; Bhadda Kapilani, Foremost in Recollecting Past Lives; and Sona, Foremost in Valiant Effort.
The Real Living of the Holy Life: Essence and Convention
In Comparison 16
I have spent extended periods of time living as a monastic in South Korea, where there is a thriving, strong, and long-established Bhikkhuni Sangha, as well as with Thai Buddhists (both in America and Thailand) where the tradition of full ordination for women has lapsed (and is often mistakenly said to have never existed 17 ). In Thai Buddhism it has been replaced by an organic tradition of maechees, white-robed female ascetics with the eight precepts, and a very few bhikkhunis, mostly ordained abroad in recent years. Here I would like to compare my experience of these two traditions from the internal perspective of a woman living the holy life, giving consideration to the primary emphasis of the Buddhasasana—that is, to the conditions institutionalized within these Sanghas and whether they engender and perpetuate suffering and the unwholesome or perpetuate values spoken of as wholesome and liberating.
When I was preparing to leave India in robes nearly two decades ago, tickets were offered to either Bangkok or Hong Kong. I was warned that the situation for women in Thailand was difficult, and although the men were well-supported in monastic life (there were many truly inspiring masters) the women were not ordained and had no structural support for the holy life within the Sangha. I was told that I would have to fend for myself and "good luck!"
because I would need to support myself, both morally and materially. This was the rumor and the reputation—often experienced, well-known.
On the other hand, I heard that in Northern Asia, the ancient Bhikkhuni Sangha still flourished and that there were opportunities for training and education, for ordination, and for meditation and teaching. The situation in South Korea was then praised as most genderequal and supportive, with full training and a strong and ancient mountain-forest meditation tradition. A traveler I met spoke of seeing a great bhikkhuni lecturing in the capital on the high seat at the main temple of the country's prevalent monastic order at Jogye-sa in Seoul. (Only a decade later did I learn that she was the very same woman who was to become my bhikkhuni teacher.) Considering rumors of the high casualty and disappointment rate for ordained but unsupported Western women in Buddhist traditions without Sanghas for women, and the call for research into the great and still-existing bhikkhuni lineages, I chose to go north.
Korean Bhikkhuni Sangha
I would like to emphasize that my northbound decision at that time had nothing to do with sectarian preference for any particular Dhamma lineage or tradition. Rather it was guided by practicality and fueled by a typically strong Western Buddhist faith in meditation, coupled with a strong energetic determination to seek out and realize the heart of the way.
In South Korea, my inspiration was furthered to find ancient mountain-forest monasteries dedicated to meditation, Dhamma study, and monastic life training with strong, steady, cleareyed bhikkhunis, well-educated, trained, supported, and deeply dedicated to realization of the Buddha's Path. There was a sense of it being a very old tradition carried on from antiquity, with its heart still very much alive in the modern world, particularly in the meditation traditions. Many women entered the Sangha in their twenties, inspired to come into and be purified and dyed by the waters of the monastic community for life. Wise women, elder teachers in the Sangha, were revered and treasured. There was a deep love and appreciation for the treasure of monastic community, and for the great potential and preciousness of the rightly motivated beginning aspirant's mind. There was full support, in friendship and encouragement as well as in education and requisites. It was naturally assumed that after preparatory training, I and my fellow samaneris would go for full bhikkhuni ordination. After all, that is just the way of the Sangha.
Protected by the greatness of the vehicle created by my elder bhikkhuni teacher, her peers, and the Bhikkhuni Sangha itself, I rarely felt a tinge of the shadow of Confucian ethics towards women in Chinese-influenced society (as in a story I was told: a husband might walk first down a path, her son second, the ox third, and then the woman behind). Rarely, I came across bhikkhunis whose main practice was repentance for the sin of their womanly birth and who dedicated the merit of their practice for the sake of being reborn as a man, finding ostensible justification for such attitudes in a very small number of the many Mahayana texts on either the Bodhisattva Path (one in which, contrary to other texts, a being must incarnate as male as a prerequisite for bodhisattva-hood) or the Pure Land (which recommend aspiring towards reincarnation in the woman-free Western paradise of Sukhavati). Occasionally, I encountered a sense of the bhikkhunis being more humble or having to try harder to earn the same respect afforded bhikkhus. Sometimes the sense of less popularity, glamour, or support (particularly for those who spent a great deal of retreat time in meditation monasteries) came together with a sense of relief and gladness (even pride!) in simplicity and renunciation, as it was well-known that great support and great fame can potentially be a corrupting influence or a downfall, destroying the purity of one's aspirations to relinquish all worldly snares for the freedom of bodhi.
Reclamation of an Ancient Tradition
When I began to learn more of the Korean and Sino-Korean languages and history, it was my great surprise to learn that my bhikkhuni teacher's 1,600-year-old Shilla Dynasty period monastery had, until fifty years prior, been all but destroyed during the Korean War. This was the case for the majority of monasteries; the ones turned over to the Bhikkhuni Sangha had often been the most devastated. The trees of our beautiful forest, cut down during the Korean War to prevent communists from hiding, had almost all been replanted. As there is a deep symbolic connection in the culture of the mountain-forest meditation traditions between the individual trees of the forest with the individual members of the Sangha and the monastic community, seeing the regrowth of the forest was an awakening to the reality of the situation and to the possibilities that exist. Although the fully ordained Sangha is now more than twenty-thousand strong (almost half bhikkhunis), I learned that less than 200 bhikkhunis and less than 100 bhikkhus had survived Japanese occupation and the following Korean War. The great history, great sense of tradition, faith, energy, and courage that sprang forth from the ashes and blossomed again, has all been reclaimed from charred and broken ruins with the incredible dedication, energy, and vision of a small number of monastics, male and female 18 . For this I deeply appreciate and bow down to my Korean Bhikkhuni Eun-sa, Myeong Seong Sunim, her peers, and her own ordination masters, especially the Venerable Bhikkhu Ja Un Sunim who traveled abroad to reordain in Sri Lanka in order to bring back and reestablish the ordination lineage as National Upajjhaya (Skt: Upadhyaya). I understand there will be more in other papers herein on this and related subjects.
Coming Together: The Bridge
After novice ordination, at my Korean bhikkhuni teacher's direction, I traveled to the Lotus Lantern International Buddhist Center in Seoul, then led by the late Won Myeong Sunim
(Bhikkhu Asanga) and Bhiksuni Mujin Sunim. There my sense of appreciation for various traditions of Buddhism was reawakened and reaffirmed. An appreciation developed for the monastics of the Sri Lankan and Thai forest traditions. I was to encounter the monastics of this latter tradition upon my subsequent return to America, where the Abhayagiri Forest Monastery of northern California was just being founded. With a moral idealism common to Americans, I was greatly heartened to find Monastic Sangha practicing the Vinaya as well as the Dhamma fully. This tradition seemed to be very supportive and affirming of such integrity.
These were the beginnings of the bridging of a gap, which I was warmly welcomed to cross, in the spirit of Sangha and harmonious openness and exchange. Such attitudes and behaviors were also encouraged by the multi-traditional Western Buddhist Monastic Conferences, 19 then held yearly in California. I was further encouraged by my late Bhikkhu Upajjhaya, Bhante Havanpola Ratanasara Sangha Nayaka Thero, who, for the two weeks preceding our full ordination, enjoined us regularly from his sickbed "to look upon one another as one global Sangha, live in harmony, and always return to the heart of the Buddha's teaching, for the welfare of gods and humans." In this spirit, meeting "the Ajahns" through our local area's multi-denominational Buddhist Council of Northern California, I also developed a close relationship with our neighboring ethnic Thai Buddhist monastic community. After finishing a three-year retreat, this led to my accepting their friendly invitation to travel to Thailand to visit the famed meditation monasteries and participate in a tudong 20 walk through the northeast, a longtime dream and life-changing experience.
Thai Sangha and Maechees
In my contact with the Thai Bhikkhu Sangha, I found many commonalities with the Koreans, in both the meditation and educational traditions. Thai Buddhism has many strong and beautiful aspects, which I greatly appreciate and have benefited tremendously from. The situation for women in monastic life, however, was radically (and for me shockingly) different than in Korea. As this is well-known and will be presented in detail in other papers, I will summarize my observations and considerations and focus on key points.
Although history would indicate that there have been both bhikkhunis and samaneris in Thailand in the past, from the time of the Ashokan missions of Arahantas Sona and Uttara to Suvannabhumi, up until the Ayutthaya Period, and even into the twentieth century in the north, there is little or no public knowledge nor a sense of connectedness to this distant and more recent past. 21 For the sake of harmony, I have been told that even the Chinese Mahayana traditions in Thailand voluntarily gave up fully ordaining women after a law was passed making it illegal for the Theravadans to do so in 1928 (2472 BE). 22 Despite the interSangha connections with Sri Lanka between the Lanka-vamsa and Siam-Nikaya, there is no popular Thai history of the great and long-lasting Sri Lankan Bhikkhuni Sangha taught to
school children in their classes on Buddhism. 23 Rather, students have been educated to believe that "the Bhikkhuni Sangha died out in India 500 years after its inception, just as the Lord Buddha predicted it would" without ever reaching beyond the bounds of India. 24 According to the Manu-dharma Shastra, tenants of the type of Brahmanism that is still deeply ingrained in Thai culture, birth as a woman may be seen as lowly, inferior, and defiled in many ways. Merit making for women is encouraged, so that a woman might be reborn as a man to be able then to leave home and practice the holy life in the Monastic Sangha. Sons are encouraged to ordain partly in order to gratuitously dedicate merit to their parents, particularly their mothers, as women may not ordain and be considered true fields of merit themselves.
Still, with great faith in Buddhism and a strong renunciate vein in the culture, many women undertake temporary monastic-style retreats, donning white and receiving the eight precepts, particularly on the Lunar Quarter Holy Days. Others leave home, cut off their hair, and don the long white robe of the maechee, or "mother recluse," to live a simple and impoverished life of renunciation for some period of time, or even their entire lives. Because there is no women's Sangha to train and support them, maechees generally must be self-supporting and often live making merit in service to and dependent upon the Bhikkhu Sangha. Still, less than half of bhikkhu temples have lodgings for such nuns, as nun's co-lodging is somewhat mistrusted, and the number of independent samnaks or institutions for maechees is very few. The last records I have seen indicated more than 300,000 bhikkhus and samaneras and around 15,000 maechees. 25 The government offers no official recognition or support for maechees as monastics, as is offered for the Bhikkhu Sangha and male novices. 26 Although there are individual maechees who are honored and respected for their attainments in meditation, their teaching, and their saintly service, in general the social status of the maechee is ambiguous. It may even be considered lower than that of laypeople, since they give up the honor of their status in their lay roles in family, education, and work. The maechees have been publicly called the "white-shadow" by one popular Buddhist artist for their dark aspect in the culture. Again, since they are not ordained Phra (Pali: "vara") signifying "holiness" or "excellence," they are not considered sanctified in the same way that bhikkhus are from the very moment of their ordination. With little or no training, education, or social and community support, either moral or material, their situation is far different than that of their northern bhikkhuni sisters.
Essence and Convention: Humility, Honor, and Tragedy
Although modern Thai women are moving into all fields of a Westernized society with full education and career work, in Thai Buddhism nuns are taught to be humble and unassuming. They are not encouraged to raise, affirm, or assert themselves, but rather may even try to be invisible in order to not cause conflict and to have the precious opportunity of freedom to practice. When questioned, commonly recited Buddhist teachings such as the Karaniya Metta Sutta are cited to affirm that: "those who are skilled in goodness and wish to
break through to the path of peace should be humble and not conceited (obedient, gentle and humble), contented and easily satisfied, modest and with no greed for supporters." Thus, for those women with deep sincerity in this practice of effacement, their spiritual path is righteous.
Although affirming the truth of the virtue of the teaching above, in the Mangala Sutta we find its balancing aspect: "Puja ca pujaniyanam, etam mangalam uttamam," "honoring those worthy of honor" is taught by the Buddha as one of "the highest blessings." This is practiced both within the Bhikkhu Sangha and within the Buddhist lay community. It is here that I feel grave concern. We are taught to have hiri-ottapa, "moral shame and dread," for not respecting worthy ones, which in classical Buddhist teaching may be one of the causes of falling into hell or lower rebirths. This is the logic in Buddhist Thai society for taking sincere care in honoring the Bhikkhu Sangha. For those (we may not know whom) who have removed the triple hook of greed, hatred, and delusion and realized the Path and its fruits are considered to be most worthy of honor and "the Sangha, the most fertile ground for cultivation." Some of the greatest of contemporary male Thai masters have both publicly and privately affirmed that there are women amongst their maechee and even upasika disciples and contemporaries who have realized saintly attainments on the Path and its fruits. Despite the fact that Thai society is more than ninety percent Buddhist, the law requires the king to be Buddhist, and Buddhist establishments are well-supported by both royalty and government, there is no social system for honoring and supporting such holy women.
Sattam sabyanjanam kevala-paripunnam parisuddham brahma-cariyam pakasesi:
The Buddha spoke of "essence and convention uniquely coming together in the completeness and purity of the holy life he expounded" as one of the hallmarks of his Sasana. However, in the example of the Thai maechees, these two factors of essence and convention may radically diverge. This divergence and imbalance is felt by many, both in Thailand and around the world, as stressful, concerning, problematic, and fraught with suffering (i.e., dukkha), for which many in the world feel sadness. It mars our sense of the nobleness of Buddhism. It does not seem to be for the happiness and welfare of many. Like bodhi trees that grow up through the cracks on busy city streets with buses whizzing overhead, in modern Thai society, such noble women remain at risk. They are the rare exceptions, largely unrecognized and unhonored. And the risk is not so much their own, as a loss of opportunity for the whole society. It is the loss of opportunity for those with social power who may be karmically involved with making decisions that perpetuate this situation. A field of merit is easily missed due to lack of attention if it is unmarked or mismarked, unseen, and denied viability and sustenance. 27 Due to the harshness of the conditions, these eminent women spoken of by the great Masters are rarely encouraged or able to grow fully, to noble stature, like the "great trees" praised by the Blessed Lord Buddha himself in his early Sangha, 28 and those in the contemporary Bhikkhuni Sangha in other parts of the world. It is a great loss for those who love merit-making. Again I am reminded of the Buddha's words in the Dhammapada: "Whoever harms a harmless person, one pure and guiltless, upon that very fool the evil recoils like a fine dust thrown against the wind." When such harmful
attitudes are socially institutionalized as "Buddhism," it is my compassionate concern that this may not only be a great loss, but a great tragedy.
Bhikkhunis in Thailand
There are a small number of brave women in Thailand ordained as bhikkhunis and samaneris. These monastics are both Thai and foreign-born, most ordained in the past five years either in Thailand or abroad (mostly in Sri Lanka). My experience with these bhikkhunis is of something that might be described as a "peace warrior." They have strong faith in the Buddha's teaching and the value of the ordained monastic life and strong determination to live it in the face of prevalent social winds to the contrary. Still, their sila may pervade, even against the wind. For this I must commend them. They are challenged regularly by both laity and monastic Sangha—mentally, verbally, and sometimes even physically. Many have stories of arrest, questioning, detention. They are determined to respond peaceably within their monastic vocation. I imagine their paramis becoming incredibly strong. Some of them have not been able to maintain their monastic life in bhikkhuni or samaneri form; but there are those, with the necessary mental skills and strength, who have.
In my own experience as a bhikkhuni in Thailand, I found that in the capital city of Bangkok there was far more media-produced controversy and more extremely polar views, both positive and negative, than anywhere else. As there regularly are in cities, there were politics. To my relief, in the countryside people seemed more simple and natural in their responses, displaying curiosity and respect for the monastic livelihood and the robe. Everywhere I went in the countryside, lay women and maechees expressed an interest in the possibility of going forth in the monastic life. 29 Although the male monks around me assured me that I could grant them at least novice ordination if I wished, and that robes, almsfood, and lodgings were available and offered, I performed no ordinations. At that time, it seemed irresponsible, both socially and practically, as well as according to Vinaya, to give ordination without being able to also commit to offering ongoing training and moral support. Now, having studied the Dhamma and Vinaya more deeply, with contemplation of several of the points written above, 30 my thoughts have changed and evolved.
Everywhere we went, prevalent social misunderstandings that have arisen in Thai society related to having only a one-sided Sangha were overturned. Many times, women would hand something to their menfolk to hand to me, believing that a woman might not even indirectly touch a bhikkhuni just as she might not with a bhikkhu. This was not understood as due to being the opposite gender (which it is), but enculturated as being due to inferior or unclean womanliness. As ideas proliferate, people then also connect this custom with ideas that women may not earn merit themselves, but that it must be done for them through their male relatives. It was heartening to see this misunderstanding righted, since in Thai culture it is men that a bhikkhuni should not have contact with. For most of the men and women I met, this was a new experience. 31 Again and again, this very simple matter proved a great
opening, unbinding, and relief; a long-held false view righted by such a simple gesture and explanation. For the majority of the women, it was the first time that they had ever been able to make the direct, hand-to-hand offering so praised by the Buddha. A whole world of dogma is crushed in a moment, a whole world of possibility opened. This is but one example of many such beautiful and freeing occurrences.
Communion
Let us turn to a similar type of occurrence as above but in a different context—across the Mekong River, the East China Sea and into the wilderness, to the foot of the Leaping Tiger Mountain in a peaceful valley surrounded by mountain forest.
For many of my bhikkhuni and samaneri friends from the Tibetan and Theravadan traditions who visited me during my time at Un Mun Sa, my bhikkhuni teacher's monastery in South Korea, there was a deep and profound impression made while being there; a sense of inheriting our lineage or birthright within the noble birth of the monastic Sangha. It is a great place, and offers a pure and beautiful vision of what we are capable of as women in the Buddha's Sasana when we are well-affirmed and nurtured with supportive conditions. Some female monastic friends said that they could feel that "this" also belonged to them as part of the greater Buddhist Community, and seeing it for themselves was tremendously heartening: an inspiration and great encouragement. I cannot overstate how important, supportive, and beneficial it is to have and make such opportunities available. As Buddhist women and human beings, this is our birthright. The gate to the Deathless is open and, as the Awakened One's daughters and sons "born of his mouth" we should all be welcomed to receive our full inheritance in the Dhamma and Vinaya the Buddha has left us.
This spirit is not dead within the Bhikkhu Sangha. Both in Thailand and South Korea, I met many monastics who had, following the wandering pilgrim ways of the monks of old, traveled abroad to foreign lands to further their study and practice of the Buddha's Dhamma. Within the Bhikkhu Sangha, I observed a broad welcoming of such foreign inquirers and way-seekers, their sense of brotherhood and community transcending ethnic and cultural divisions. Sri Lankan monks in Korea study and meditate together, sharing the warm ondol floors side by side with their Korean brethren. Korean monks in Burma, Thailand, and Sri Lanka walk pindapat for alms barefoot sharing the path, together seeking out the heart of the Buddhist teaching in Southern Theravadan form. I have been deeply gladdened to see this spirit of Sangha alive in the hearts and lives of my monk brothers and elders. It is true, as the Buddha taught, that when inspired gladness and faith arises in the Sangha, it may easily tend toward concentration and energy, and that concentration towards insight. Insight then tends towards knowledge, vision and liberation, the freedom that is the hallmark of the Buddhist monk in this world.
Certainly the wish has been for the women in Buddhist monastic life to be able to do this as well, as they used to, and modern lay society is now wide open with possibility. But bridges (or a common platform) must be built and opened within the Sangha itself. Commonality in type of ordination for Buddhist women would be a tremendously useful upaya; a skillful means in this regard. Its lack, and the concordant lack of common affirmative ground, is one of the main hindrances to the arising of the faith, delight, and joy in "the Sangha practicing the right way" that can so easily facilitate concentration, insight, and liberation— or not.
As the Venerable Sujato Bhikkhu has written in his paper "Full Acceptance":
[For] the bhikkhus, Upasampada (the Higher Ordination) is crucial to our sense of group identity, and we cannot help but see [nuns with other forms of ordination as a separate and] distinct group. Moreover, only the bhikkhuni form can claim authority from the Vinaya itself. The ten-precept novice or samaneri status was clearly intended as a stepping-stone to full ordination, not as an alternative career choice. Only bhikkhunis can perform Sanghakamma (Community Acts), and only bhikkhunis benefit from the complete and thorough training embodied in the Vinaya. The Buddha wanted female renunciates to live as bhikkhunis… Etymologically, upasampada suggests to 'come close, join together, enter into'. It is commonly used in context of 'entering' into an attainment of jhana or samadhi, where it refers to a coalescence or communion. It carries the nuance of finality or completion… In the context of ordination, it suggests 'full acceptance'. One is no longer on the fringes, in a twilight zone. There is a deep solemnity to this feeling of being totally embraced within such a sanctified community… We should keep our focus on the central meaning of upasampada, and should support to the utmost any human being, regardless of race, status, or gender, who aspires to enter into such a communion.
For this reason, for years one of my mentors, the senior-most monastic in our Buddhist Council of Northern California (who has been a kalyanamitta to all of us of various Buddhist traditions), repeatedly suggested and encouraged me in the founding of a Bhikkhuni monastery. Western women in the Theravada in America had been encountering the same gap, with many bhikkhu monasteries and temples appearing: Thai, Sri Lankan, Burmese … Western bhikkhus of the Thai forest tradition have also founded or inherited monasteries: both Metta Forest Monastery in Southern California and Abhayagiri Monastery in Northern California. The teaching of these monks has spread widely in California and in America and inspired many women and men to monastic life. For the men, the present monasteries may be their refuge and there is the open opportunity to travel to Asia and be ordained and train in the heartland of the traditions. On the other hand, for the inspired Buddhist women here in America, there have been the traditional meritorious opportunities of supporting the Bhikkhu Sangha and temporary retreat in close proximity, or life abroad. Trips to Asia, with the disparity in the monks' and nuns' situations there, have generally been far from inspiring or supportive to the Western woman's mind and sensibilities. Rather these good women have regularly been disappointed, challenged, or even harmed in their faith, their experience sometimes even cutting off their budding confidence in Buddhism and the Sangha as an
expression of and path to enlightenment. Many male friends, good men with developed hearts of compassion, have also expressed great sympathetic pain seeing this situation.
Bridging the Gap
Can the gap be bridged? There have been many considerations. Foremost among them: that all is led by the mind, ruled by the mind, created by the mind.
Reflecting on the Buddha's injunction in his final teaching to be a lamp or an island unto ourselves, and to take the Dhamma and Vinaya as our refuge, we may realize that, fortunately, the Dhamma and Vinaya are still known and accessible; in fact, they are widely available to us these days, as native English speakers, in our first language. Many thanks to all those who have made it so! And the Sangha still exists. With the ordination from and the example of both the Asian and Western members of the Bhikkhu and Bhikkhuni Sanghas, north and south, the materials for the bridge are all present, only to be set down and the way walked across.
So, many women aspiring to the full living of the holy life have gone for the full ordination in three waves: the first wave traveling to Asia and being ordained by the Chinese, Vietnamese or Korean Sanghas; the second wave, quite a number of international multiethnic mixed-Sangha ordinations in America, India at Sarnath and Bodhgaya, Australia, and Thailand; and the third wave (for the Theravadans at least), full ordination by Theravadan bhikkhus and bhikkhunis in Sri Lanka.
From what I've heard, the third wave has not yet happened within the Tibetan Buddhist Communities, although the potential is certainly there. Perhaps this potential is even more ripe now than it was for the Theravadans, as there are already a good number of bhikshunis living and practicing in Tibetan tradition who have been fully ordained for more than twelve years. Four or more of them gathered together would seem to be fully within their Vinaya rights to harmoniously recite their Pratimoksa Karman of choice, be it Mulasarvastivada, Dharmagupta or other, thus determining their Vinaya lineage. To my thought, these bhikshunis who are the repositories of the treasures of Tibetan Buddhism seem the most obvious and ideal choice for conveying full dual bhikshuni ordination upon aspiring candidates together with Tibetan bhikshus. Other options also seem reasonable according to Dhamma-Vinaya. 32
For us, when the number of bhikkhunis in Theravadan robes in North America was rumored to have reached four, an important number for Sangha, with the advice of an elder kalyanamitta I proposed the foundation of what came to be known as the North American Bhikkhuni Association to my bhikkhuni friends and colleagues. Five of us: Ayya Sudarshana from Sri Lanka, Ayya Tathaaloka from the United States, Ayya Sucinta from Germany, Ayya Sudhamma from the United States, and Ayya Gunasari from Burma mutually affirmed our
agreement in mid-2005/first month-2549 BE. A number of eminent mahatheras from both Sri Lankan and Thai traditions have blessed us by being senior advisors to our Association.
With the impetus of the number of women interested in monastic life and the strong encouragement of teachers and friends, both monastic and lay, several months later on the full moon of August 2005, Ayya Sucinta and myself came together in founding Dhammadharini Vihara, the first Theravadan bhikkhuni establishment in the Western United States. There has been great interest and appreciation for our doing so. The vihara has been a gathering place and a refuge for women since its inception, blessed by the presence of a large number of the bhikkhunis in North America, Buddhist nuns of various kinds, many aspirants, and friends both male and female. Since the founding of the Vihara, the number of bhikkhunis in our Sangha in the USA has more than tripled 33 and this past year (2006), Ayya Sudarshana Bhikkhuni also opened the Samadhi Buddhist Meditation Center in Florida, becoming the first Sri Lankan bhikkhuni to found a vihara in the West.
Living with the Bhikkhuni Vinaya
One of the main concerns amongst Westerners with bhikkhuni ordination in the Theravada has revolved around the differences between the bhikkhu and bhikkhuni discipline, particularly related to precepts for women that appear overly restrictive or genderdiscriminatory. Thus other alternatives have been considered and developed, although none seems to have the same arama as the full bhikkhuni ordination, for reasons mentioned above. Despite the fact that the majority of Theravadan bhikkhus keep many precepts in an adapted manner, not dissimilar in some ways to their Mahayana brethren, the question has been raised of the worth in giving an ordination if all of the precepts may not be kept in their entirety. The majority of bhikkhunis that I know ordained either in Sri Lanka or North Asia keep the monastic discipline in very similar ways to their bhikkhu peers, that is, attempting to adapt appropriately to their time, culture, and circumstances.
For myself and around one quarter of the Western women who have been fully ordained, there has been inspiration both from the Dhamma and Vinaya texts and a wish to fully live the training recommended therein, as well as from the example of the livelihood of the South Asian, Southeast Asian, and Western forest Sanghas. The wish to fully develop honesty and personal integrity has also contributed. Reflecting upon the qualities of the Dhamma that we chant daily: Sanditthiko akaliko ehipassiko, opanayiko paccattam veditabbo vinnuhi —"To be seen here and now, timeless, inviting all to come and see, leading inward, to be seen by the wise for themselves"— we have undertaken the experiment the Buddha welcomes and invites us to, putting the living of the Doctrine and Discipline to the test. The way the Thus Come One encouraged, the only way to truly see and know the actuality of something is to experience it for ourselves.
This has not been easy, but in actuality is not nearly as difficult as the mountain that can be built up in the inexperienced proliferating and projecting mind. There is relief and an unburdening in the relinquishing. Many new and wholesome aspects of the training have been revealed. So far, it seems to be a tremendously worthy and valuable endeavor. Time, with further practice, will be the proof.
Looking Upon One Another With Kindly Eyes
T
T he Incredible Value of Sangha
The Buddha:
"I hope, Anuruddha, that you are all living in concord, with mutual appreciation..."
Anuruddha:
"It is a gain for me, it is a great gain for me that I am living with such companions in the holy life.' I maintain bodily acts of loving-kindness towards these venerable ones both openly and privately; I maintain verbal acts of loving-kindness both openly and privately; I maintain mental acts of loving-kindness towards them both openly and privately… We are different in body, venerable sir, but one in mind."
(Upakkilesa Sutta, Majjhima Nikaya 128)
Relations with the Bhikkhu Sangha
Since the founding of our Dhammadharini Vihara, we have received great moral and symbolic support from our local Theravadan Bhikkhu Sangha. The name of our vihara, our bodhi tree, and the Buddha image in our meeting hall were all gifted to us by Phra Vitesdhammakavi (Ajahn Maha Prasert), who has mentored and ordained local monks both Western and Thai and been a pillar of support to not only the Thai Buddhist Community, but also the multi-ethnic and multi-traditional Buddhist Community in our area. The coAbbots of the Abhayagiri Monastery, Ajahns Pasanno and Amaro, have also been a great inspiration and have provided moral support, gifting the Vihara with the Buddha image now sitting in our meditation hall, sharing in requisites and supplies, and blessing the first woman's "going forth" into homelessness at our Vihara. Ajahn Thanissaro of Metta Forest Monastery has gifted us with invaluable advice in Dhamma and Vinaya. Many of the younger dhammaduta (foreign missionary) monks have expressed their hope in and appreciation for our ordination, remarking upon and commending our incredible good fortune.
Our local Sri Lankan Sangha led by Bhante Piyananda Sangha Nayaka Thera (my bhikkhu vice-upajjhaya) of Dhammavijaya in Los Angeles, Bhante Seelawimala of the American Buddhist Seminary, Bhante Amarabuddhi of Buddhi Vihara and Bhante Santa of the Dharmapala Institute have also been very warmly welcoming and supportive, offering invitations to lecture, participate in holidays such as Kathina and Vesaka, and come together cooperatively in mainstream Sangha events for the community. 34 Valuable advice and fellowship has been shared on so many occasions. We feel they are a refuge. Our local Burmese temple, Mettananda Vihara, has also been warmly and repeatedly welcoming. These virtuous Elder Brothers and Fathers of the Sangha have gladdened our hearts and continue to teach us by their example how wonderful it can be to have such good kalyanamittas.
Shared Sanghakammas
During this time, both our Bhikkhu Sangha and our bhikkhunis have all had much to learn about shared Sanghakamma Acts, both those that are regular, such as the fortnightly Ovada Request, those that are yearly, such as the Pavarana, and those that may be more or less frequent such as bhikkhuni upasampada ordinations. Having passed through several years of research on these subjects, although it has sometimes seemed like restarting a vehicle that has not been driven for a while, we have been able to find all the information necessary to go ahead. When questions have arisen, we have been very fortunate to have the blessing of such excellent and well-educated monastics in our American Sangha such as Bhante Henepola Gunaratana, Venerable Bhikkhu Bodhi, Ajahn Thanissaro Bhikkhu, and others to consult with regarding the Pali texts of the Tipitaka. Their merits are truly abundant and a blessing to us.
The question of sikkhamana ordination has been a topic of investigation in the past year and, although initially it was thought to be outdated or unnecessary, Canonical research has seemed to show otherwise. In this process, our first generation of Theravadan Bhikkhuni Sangha in America is also gaining a good education through actively researching and studying the texts themselves as well as hearing and reading the commentary and explications of such knowledgeable elders. I can see the benefits that those bhikkhunis who have a strong mind for such study of the Dhamma and Vinaya bring to us and will bring to the next generation. It seems that this will be a great boon both for our Bhikkhuni Sangha here in the next decades and for our society.
Bhikkhunis, Becoming Sangha to One Another: In America and Internationally
Being a fledgling Sangha and living within the mutually-appreciative melting pot mentality of America, although all but three of us bhikkunis have been ordained in different places, by different teachers, and under different circumstances, we generally enjoy a sense of
commonality, sisterhood, and community. This reminds me of one aspect of what the early Sangha may have been like before being divided by time and space, culture and language, and political and sectarian movements. I feel glad and rejoice in this small measure of peace and harmony and hope that it may develop and last. It is best if we use our strengths to elevate and support one another, not waste them in contending over trifles, for our Original Teacher repeatedly advised us to develop those qualities "that create love and respect and conduce to helpfulness, to non-dispute, to concord and to unity."
It has been a treasure to both visit and correspond with Bhikkhuni Sangha internationally as well, in Thailand and Germany for myself particularly; and to hear from Bhikkhuni Sisters of their ordinations and of their inspiring experiences with the much larger Bhikkhuni Sangha in Sri Lanka. All of us would like to offer our congratulations to the April 2007/2550 opening of the new Bhikkhuni Training Monastery in Germany, Anenja Vihara. I remember gladly reading Ayya Sobhana's writing from Sri Lanka of the recitation of the Bhikkhuni Patimokkha in Dambulla with more than one hundred bhikkhuni participants, and of a great bhikkhuni meditation teacher dedicated to helping all her students realize sotāpatti, entry into the Noble Path. News of the inception of the Buddha Vision Bhikkhuni Training Center in India, and the beginnings of a hoped-for Bhikkhuni Sangha at Santi Forest Monastery and Sanghamittarama in Australia have also been a joy to read and hear of.
Response from the Buddhist Lay Community
Not only have these developments been gladdening and inspiring to the members of our Bhikkhuni Sangha in North America, but to the Western Theravadan Buddhist lay community as well. In the Asian-American lay community too, particularly amongst the second-generation youth who sometimes see Buddhism as old-fashioned and irrelevant, the sight of women in the monastic robe (particularly a Western woman!) is seen as a welcome and much needed modernization. Their interest in Buddhism is often instantly and immediately renewed. Although initially a good number of adult and elder Asian Buddhist community members were supportive, others were suspicious or doubtful. Over even such a short time as a few years, with frequent contact and a perception of the many benefits that we bring to the community (particularly for the women, children, and non-Asian partners), the number of those who are supportive has continuously and tremendously increased.
For many Western friends, their first contact with Buddhism in the West has been in a lay context, through Dhamma books, meditation groups and classes, and images in the media, whether movies or television. Their Buddhism is idealistic, pragmatic, and egalitarian. The availability of practical means to realize ideals of peace and freedom reaffirms rather than disappoints these ideals. With concepts of gender equality and non-discrimination equated with enlightenment, it seems only natural that the Buddha would have had enlightened male and female disciples and that the Buddhist Sangha would be fair, just, and free of discriminations fraught with suffering. Contact with excellent Asian monastic teachers and with the Western nonastics of the Thai forest tradition has not lessened this idealism.
However, in contact with the nonastic Sangha (and particularly in the Theravadan communities), the contemporary (non)ordination situation for women, with all of its human rights issues, has been seen by many as a stain on an otherwise bright picture. In fact, for Westerners and Westernized Asians, this picture seems to remarkably fit the situation that prompted the Buddha's formation of each and every precept. In the Vinaya's Sutta Vibhanga, the Buddha himself speaks out strongly and repeatedly against actions or practices of monastics or groups of monastics that are harmful to the development of the trust and confidence of the lay community in the Monastic Sangha, or to that trust within the monastic Community itself, saying:
"It is not, foolish man, for the benefit of unbelievers, nor for the increase in the number of believers, but, foolish man, it is to the detriment of both unbelievers and believers, and it causes wavering in some."
American pragmatism, combined with Buddhist teaching, says: if there is a problem, we should find the cause and fix it. Considering the Four Noble Truths as a fundamental teaching, leading Buddhist monastics (seen as enlightened beings) are imagined to have excellent motivation and capability for such "suffering-solving." This is in fact true, when the mind is freed from entanglements. We naturally want to end any suffering as soon as possible. For those whom ordination for women in Buddhism has been a concern, the appearance of bhikkhunis practicing and teaching in America has been very well received.
Response from the Non-Buddhist Community in America
Our fully ordained female monastics have also been amazingly well met by the nonBuddhists in our community. Many people have expressed that seeing women fully ordained in Buddhism affirms their faith that the Buddha was truly and rightly enlightened (just the opposite of the detrimental effects caused by non-ordination in the quotation above). It has truly been a case of: "the arousing of faith in the faithless and the increase of the faithful" as well as good for "the establishment of the true Dhamma and the fostering of the Discipline." We have been welcomed as a presence of peace. The media and local leaders have been very affirmative. This is the good reputation of the Buddha, his Teaching, and his Monastics. In interfaith dialogue and events, as well, our bhikkhunis' presence has particularly been sought after as a bright example of excellence and rightness in religious life. There is profound appreciation for the greatness of Buddhism and its history in this regard: from the outset having a fully ordained Women's Monastic Community, its great numbers of enlightened women disciples praised and affirmed by the founder himself, and the longlasting tradition and integrity of its Sangha.
Sangha Harmony and Preservation of the Dhamma-Vinaya
In my view, one of the reasons for the strength and long-lasting viability of the Sangha is similar to that of the Dhamma: the Dhamma has its key points, its heartwood which is timeless; but also practically infinite possible variations or permutations, which accord with time, place, and person. The Sangha as well, as dhammadhara, has adapted continuously to various climates both physical and mental, while striving to remain true to its unchanging ground and essential means for liberation.
The Buddha himself is recorded in the suttas of the Fundamental Vehicle as saying that minor differences in Vinaya 35 are not of great concern, rather that commonality and trueness to the heart essence of the Dhamma is of utmost importance. He affirms his middle way position that there may be both adaptation in the minor aspects of monastic discipline and elements of monastic livelihood and that we should keep true to our ancestral grounds, our ancestral ways.
"A dispute about livelihood or about the Patimokkha would be trifling, Ananda. But should a dispute arise in the Sangha about the Path or Way, such a dispute would be for the harm and unhappiness of many, for the loss, harm and suffering of heavenly and human beings." (Samagama Sutta)
Respected modern Dhamma teachers and Vinaya scholars and commentators of great repute such as the Venerable Thanissaro Bhikkhu, author of The Buddhist Monastic Code I and II, have noted the tendency towards the opposite, to "be very intolerant of different interpretations of the Vinaya and get into heated arguments over minor issues having very little to do with the training of the mind." Throughout his BMC books, now widely referred to by English-speaking Buddhist monastics, he repeatedly makes the point "that any interpretation based on a sound reading of the Canon should be respected." He recommends that:
A bhikkhu [or bhikkhuni] should also show respect for the differing interpretations of other Communities where they too do not conflict with the Canon, so as to avoid the pitfalls of pride and narrow-mindedness. This is especially true now that monasteries of different nationalities are taking root in close proximity to one another in the West. In the past, Thais, Burmese, and Sri Lankans could look down on one another's traditions without danger of causing friction, as they lived in separate countries and spoke different languages. Now, however, we have become neighbors and have begun to speak common languages, so it is best that we take to heart the writings of the Chinese pilgrims who visited India centuries ago. They reported that . . . bhikkhus belonging to different schools could be found living together in the same monastery, practicing and conducting communal business in peace and harmony. Theirs is a worthy example. We should not let our minor differences become stumbling blocks on our Way.
In my readings from the Essence of Refined Gold, I have also discovered that His Holiness the Fourth Dalai Lama defined the Lamrim as "the essence of all the teachings of the Buddha, uniting both the method and wisdom aspects of the Path," both essential and conventional dhammas. Although I am hardly in any position to comment on the Lamrim—in reading His Holiness's Refined Gold text, in the Four Excellent Qualities section, several key points appear which would seem to offer directly applicable advice to our current situation: (1) seeing the non-contradictory nature of the Buddha's various teachings, (2) seeing these teachings as personal advice to be related to our present situation in order to overcome the negative tendencies of the mind, (3) the intention to easily realize and manifest the intent of the Buddha rather than being overwhelmed by complexity, and (4) to be protected by spontaneously arresting the great negativity of "abandoning a lineage of the Dharma" which is likened to the "cliff of the greatest evil."
According to the Buddha himself, as spoken in the Bahuvedaniya Sutta of the Pali texts:
"When the Dhamma has thus been shown by me in [different] presentations, it may be expected of those who will not concede, allow, and accept what is well stated and well spoken by others that they will take to quarreling, brawling, and disputing, stabbing each other with verbal daggers.
"However, it may be expected of those who concede, allow, and accept what is well stated and well spoken by others that they will live in concord, with mutual appreciation, without disputing, blending like milk and water, viewing each other with kindly eyes."
Evam.
1 According to eminent scholars such as Ven. Bhikkhu Bodhi and Ven. Thanissaro Bhikkhu, "A bhikkhuni is essential" is a mis-translation here which should read "the essential bhikkhuni" or "the bhikkhuni who has realized the heartwood or the essence"—that is the bhikkhuni Arahantas. Despite the mistranslation, this phrase, handcopied and carried with me in my monastic bag for years, served as a great inspiration.
2 The analogy or "simile of the heartwood" is one of the main teachings in the Theravadan texts in which the Buddha relates his advice to the Monastic Sangha on the rightful aims and rightful goal of the monastic life. We may see for ourselves where attachment to the lesser gains and the hindrances related here may have bound or hindered the issue of women's ordination. In the first simile, monastics with sincere intentions are enjoined not to get caught up in the "(1) leaves and branches, (2) outer bark, (3) inner bark and (4) sapwood of the holy life" which are equated with "growing negligent and living in suffering because of lauding oneself and disparaging others on account of (1) one's own gain, honor and renown in the monastic life; (2) one's own attainment of virtue (precepts, sila); (3) one's own attainment of concentration (samadhi, meditative attainments); or (4) knowledge and vision (nyanadasana). The heartwood by which one is freed from suffering is here spoken of as "perpetual" or "unshakable deliverance of mind that is the goal of the holy life, its heartwood, and its end" (MN.29). In the second analogy, attachment to the former gains are revealed as causing "hanging back" or "slackening" within the Sangha (MN.30). Other similes are related to blindly clinging to wrong identity views that are empty of self and of the goal as a palm tree is empty of heartwood (MN.35), and attachment to the five lower fetters of a mind obsessed and thus enslaved by: (1) doubt, (2) adherence to rules and observances, (3) sensual desire, (4) ill will, and (5) personality views which are related to the various above-mentioned tree parts other than the heartwood. Non-attachment to these hindrances; that is, "cutting through," them leads to "confidence, steadiness and resolution" (MN 64). Again, I believe it would do well to look into where these hindrances may have acted as such in the issue of women's full ordination, and then by clearly cutting through them, attain confidence and resolution. In the first and final "Similes of the Heartwood" in the Majjhima Nikaya, the Elder Maha Kaccana, praised by the Buddha himself as a master of doctrinal exposition, enjoins inquirers not to listen to and rely upon he himself, but rather to rely upon "he who is vision, he who is knowledge, he who is the Dhamma, he who is the Holy One, he who is the sayer, the proclaimer, the elucidator of the meaning, the giver of the Deathless, the lord of the Dhamma, the Tathāgata"; that is, the Buddha himself who is the Heartwood (MN 18 & MN 133). Thus there is an attempt here in the early sections of this paper to rely upon the consistent words and deeds of the Buddha himself to represent his expressed intention related to the Bhikkhuni Sangha he founded.
3 In MN 140, the Dhatuvibhanga Sutta or "Exposition of the Elements," "refining gold" is related to the pure, bright and malleable equanimity of mind that arises with the abandoning and cessation of clinging to what is coarse and lower, bringing about the ability to achieve one's higher goal and purpose.
4 Here, "mining for gold" or "seeking hidden treasure" is the phrase expressed by the teacher. In MN 52, this is associated with a person in a burning house seeking and (through eradicating the five lower fetters and destruction of the taints) coming upon a "door to the Deathless."
5 Women are currently regularly encouraged to aspire to rebirth as men in Southeast Asian Theravadan Buddhist countries. Although the Buddha makes no such statement in the Pali text Suttas that I have ever seen, Commentarial literature which illustrates women's birth as karmically inferior, combined with strong belief in the merit of the full ordination together with the current non-ordination status of women, perpetuates this trend. See the end of footnote 15 for an example.
6 Regarding the subject of rebirth, other Commentarial sources would tend towards the drawing of a highly different conclusion on this subject. For example, in the Commentary to MN 141 as paraphrased by Hellmuth Hecker in Great Disciples of the Buddha (p 19): "…Moggallana, when training pupils in the same way [as Sariputta] did not give up concern for them until they had attained arahantship. This was because he felt, as was said by the
Master, 'As even a little excrement is of evil smell, I do not praise even the shortest spell of existence, be it no longer than the snap of the fingers.'" And in the Questions of King Milenda (Pali-Miln 142), Ven. Nagasena says: "For it has been said, O King, by the Blessed One: 'Just, O Bhikkhus, as a very small quantity of excrement is of evil smell, so do I find no beauty in the very smallest degree of future life, not even for the time of the snapping of the fingers.'"
7 Here, Mahapajapati Gotami has asked the Buddha how the bhikkhunis should train themselves with regard to the precepts held in common with the Bhikkhu Sangha, to which this reply is given.
8 There are other time-frame theories for the foundation of the Bhikkhuni Sangha, including one year after the first teaching and twenty years after. This is a subject worthy of further research and investigation, as there are so many discrepancies and inconsistencies in the "eight garudhammas" foundation story as to make it utterly untenable. Logical dating lies at the crux of this matter, particularly but not exclusively related to Vibangha histories of the formation and development of each of the garudhamma-like pacittiya precepts which lead to the conclusion that the story in its present form must be at least largely either a later construction or reconstruction. This leaves many open questions, but the certain knowledge that, at present if Mahapajapati Gotami was actually ordained with eight dhammas of respect, we do not currently know what they originally were. When and how the related bhikkhuni pacittiyas which developed over time came to be backdated to the foundation of the Bhikkhuni Sangha, we also do not know; we only know with certainty that this has happened. When it came to be required that the eight garudhammas should be the subject of the Bhikkhuni Ovada or fortnightly exhortation is also not clear, as the majority of Ovada examples that appear in the Canon do not mention them, but include other Dhamma subject matter.
9 Looking at the Pali texts alone, we find reference to the ehi bhikkhuni ordination in both the Vinaya and the Therigatha. According to Ven. Analayo, the ehi bhikkhuni ordination is also recorded in four of the other schools' Vinaya's texts as well as linked to seven specific bhikkhunis in the Avadanasataka as recorded in Chinese. Skilling has also noted the Avadana references to ehi bhikkhuni ordination. Bhante Sujato claims to have found even further references to bhikkhunis ordained by this method. The use of both the ehi bhikkhuni ordination and the ordination by going for the three refuges would tend to place the foundations of the Bhikkhuni Sasana in the earlier period of the development of the Sangha.
10 The ehi ordination may be significant in that here we find the Buddha himself proactively calling forth quickly enlightened women to lead the Holy Life in his Sangha, without their even asking. We know that early on in the Bhikkhuni Sasana he instructed his Bhikkhu Sangha to give ordination and training to the majority of the women seeking it, and then compassionately adjusted and readjusted the ordination methods, according to the bhikkhunis' and candidates' own wishes and sensibilities.
11 Sitting the bhikkhus on his left hand and the bhikkhunis on his right, the Buddha recommended that all might righly look to those foremost disciples of his Community composed of two halves, the Ubhoto Sangha, and reflect upon their memorable qualities as objects of meditation.
12 The daily recollection of the "Ten Great Disciples" appears to, at present, be a northern Buddhist practice, a still living remnant of the livelihood and teachings of the Theravadan (Sthaviravadan or Hinayana) Schools that flowed northwards into Korea, China, Japan and Vietnam, and in earlier periods throughout much of South and Southeast Asia. The Pali texts contain reference to the Thirteen Foremost Bhikkhuni Disciples—the Etadagga Bhikkhuni Savakas. In Thailand we find a number of monuments, temple artworks and images dedicated to these thirteen bhikkhuni arahanta theris as well as the ten great laywomen (upasika) disciples enshrined. Locations include the Queen's Chedi at Doi Inthanon in Chiang Mai, the Foremost Bhikkhuni Disciples wall paintings within the Temple of the Reclining Buddha at Wat Po in Bangkok, and the statuary images of these thirteen foremost bhikkhunis at Wat Songdhammakalyani in Nakhon Pathom. According to Skilling, blessing verses chanted in praise of the thirteen foremost bhikkhuni disciples were composed and recited regularly in the Lanna Thai period. The Pali recollection verse from the Anguttara Nikaya's Ekaka Nipaata Paa.li, Etadagga Vagga, Pa~ncama Vagga follows:
"Etadagga.m, bhikkhave, mama saavikaana.m bhikkhuniina.m ratta~n~nuuna.m yadida.m mahaapajaapatigotamii (Bhikkhus, among my bhikkhuni disciples, Mahapajapati Gotami is foremost for her seniority). Mahaapa~n~naana.m yadida.m khemaa (Khema is [foremost] in great wisdom).
Iddhimantiina.m yadida.m uppalava.n.naa (Uppalavanna is [foremost] in attainment of extra-ordinary psychic powers).
Vinayadhraana.m yadida.m pa.taacaaraa (Patacara is [foremost] of Masters of Vinaya). Dhammakathikaana.m yadida.m dhammadinnaa (Dhammadinna is [foremost] in explaining the Dhamma). Jhaaniina.m yadida.m nandaa (Nanda is [foremost] in meditative absorbtion). Aaraddhaviiriyaana.m yadida.m so.naa (Sona is [foremost] in ardent effort). Dibbacakkhukaana.m yadida.m so.naa (Sona is [foremost] in the Divine Eye). Khippaabhi~n~naana.m yadida.m bhaddaa ku.n.dalakesaa (Bhadda is [foremost] in quick penetrative attainment). Pubbenivaasa.m anussarantiina.m yadida.m bhaddaa kaapilaanii (Bhadda Kapilani is [foremost] in fully recollecting past lives). Mahaabhi~n~nappattaana.m yadida.m bhaddakaccaanaa (Bhadda Kaccana is [foremost] in the bases of great supernormal power & higher knowledge). Luukhaciivaradharaana.m yadida.m kisaagotamii (Kisagotami is [foremost] in wearing coarse rag robes). Saddhaadhimmuttaana.m yadida.m sigaalamaataa ti. (Sigalamata is [foremost] in release through trust)."
13 I see no evidence that the Buddha was suspicious about having bhikkhunis, that he tried to limit their numbers, or that he treated women's ordination as unimportant. Rather, throughout the Vinaya, we find the Buddha working to protect the Bhikkhuni Sangha from abuse by either deviant monks or laypeople, acting to ensure the bhikkhunis would receive both the material and the Dhamma requisites of the teaching and training that would facilitate their enlightenment.
14 In the absence of access to bhikkhus when there are obstacles, the bhikkhunis are also directed to ordain women alone, with only a message to and from the Bhikkhu Sangha.
15 In addition to the leading masters who have spoken of there being really no wish or need for the bhikkhuni ordination for women, a number of scholars have also brought forth similar reports related to the Thai nuns and the Thai laywomen who have been the subjects of their research. I would like to state here clearly that this has not been my experience. Perhaps this difference in experience comes from the difference in meeting with a fully-ordained female monastic compared to meeting with a lay researcher who might be expected to report what they say, bringing on fear. I will report on the response that arises in meeting the forth devadhuta—the vision of a bhikkhuni, a female samana. Both in the United States and in Thailand, everywhere I have been I have met Thai women who have confessed to me their aspiration to ordain. They speak of approaching family members or elder monks, voicing the wish in their hearts. I have witnessed this personally, both with Western and Asian women, dear friends inspired by the Buddha's teaching and Sangha. They are regularly answered that as women, they may not. Often the possibility is suggested that, if they make merit well and dedicate their hearts to it, they may be reborn in another life as a man, or be reborn in the Sasana of the future Buddha Maitreya, and then be able to ordain, fulfill the Buddha's teaching and the Path and thus find liberation. Many women live with this wish, giving up their aspiration in this lifetime. It is a very common story.
16 The following is the critical comparison between women's monastic traditions that I was asked to make in the year 2003 when in meeting with monastic and lay administrators at Rajavidyalaya Mahachulalongkornrajavidyalaya Royal Sangha University in Bangkok. At that time, to the disappointment of the table, I was not able to give a balanced, well-informed critical response. This was due to my hesitancy to speak critically (particularly without full information) as well as my newness in Thailand and my then lack of complete comparative knowledge of the Thai nuns' situation related to that of the Korean bhikkhunis. This section hopes to remedy that, informed by the first-hand knowledge and understanding that developed in the time following.
17 See Appendix herein. I have been told by Thai researchers and Buddhist academics that the statement "Thailand has never had a Bhikkhuni Sangha" or "Thailand has never had bhikkhunis" to current knowledge may be accurately and correctly stated as: "Since the foundation of the current dynasty of Kings, that is since the beginning of the Ayutthaya Period in the 14 th century CE, Thailand has never had a Royally sanctioned and supported Bhikkhuni Sangha with dual ordination."
18 It is a common, shared history. Most of the living Buddhist traditions around the world, at one time or another, have been decimated, or nearly so, and have re-arisen. I know of no tradition that has been exempt. The Southern Theravadan Bhikkhu and Bhikkhuni Sanghas have both been eradicated due to political upheavals, and the
Bhikkhu Sanghas of Sri Lanka, Thailand and Burma have been revived with foreign assistance on numerous occasions.
19 Being in the presence of great Buddhist women and men who are ordained, who have faith and confidence, who have developed knowledge and vision, and who have skill in teaching is beneficial no matter what their tradition or lineage. These beneficent qualities transcend race, ethnicity, national boundaries and sectarianism—this transcendence being a hallmark of the Buddhadhamma Sangha.
20 Thai: tudong, Pali: dhutanga—the austerities or ascetic practices allowed by the Buddha, popularized by the Venerable Maha Kassapa. In Thailand, monastics may undertake a period of time when they take upon themselves one or any number of the thirteen dhutanga practices. In modern-day Thailand, tudong often refers to a monastic undertaking a radically simple and unfettered way of life, walking from place to place, sleeping in the forest, living only off of whatever is received during early morning almsround in whatever locale they happen to be passing through.
21 See Appendix herein.
22 Currently, there are several temples established by foreign Mahayana traditions with resident bhikkhunis in Thailand, including a branch temple from Fo Guang Shan in Taiwan and a Korean bhikkhuni temple. Neither these temples nor their monastics are afforded legal "temple" or "monastic" status by the Thai government.
23 Looking at the walls of Wat Po in Bangkok in the Vihara of the Reclining Buddha at the great painting depicting Ashokan daughter Sanghamitta Theri's arrival with the Bodhi tree sapling in Sri Lanka, Queen Anula's request for ordination, and her going forth; one might be inclined to believe that in the early Bangkok era in Thailand the Sri Lankan Bhikkhuni Sangha history might have been more well known than it is today.
24 I have heard this affirmed repeatedly by ostensibly well-educated Thai friends. The quote here is from a Thai layman friend reading and translating directly from a Thai children's primer on Buddhist history, while avidly denying that there had ever been bhikkhunis anywhere outside of India.
25 According to the Thai National Bureau of Religious Affairs statistics for 2550 BE/2007 CE. However, without a formal monastic community or system of ordination, training and support providing documentation, it is very difficult to accurately ascertain the actual number of maechees in the country. So far, only a small percentage of nuns have registered with the Thai Nun's Association.
26 The "Nun's Bill" attempted to introduce legislation that would give official status and support to the maechees in 2004, but failed to pass and was followed by an official letter sent to every temple in the country notifying both the monks and nuns that the nuns had the official status of "upasika" – that is, laywomen. Still, like bhikkhus, nuns are not allowed by law to vote. Again in 2007, a second attempt is being made contemporary to this writing to include provision for official status and support for the maechees in the new Thai constitution.
27 Here I am referring to the wearing of the kasaya-colored civara, the saffron patchwork monastic robe, also known as "the Banner of the Arahants" to Southern Buddhist traditions and the "Field of Merit" to the Northern traditions.
28 Such potential becoming ripe and that fruit coming forth largely depends upon conditions. Where the conditions are good there may be great fruit. Where the conditions are not good there may be only a very few people with truly exceptional paramis who are able to grow and develop. Under harsh conditions, like a tree growing out of a crack in a rock, it may be beautiful like a bonsai but stunted, the fruits few and the benefits limited, not widespread. The Blessed One himself eulogized Mahapajapati Gotami as one such "Great Tree." Some say that the ancient bhikkhunis had such paramis and the blessings of the Buddha's presence, but doubt that women today can possibly have such quality of merit. I have seen this quality manifest in the contemporary Bhikkhuni Sanghas of Korea and China, where there are certainly still saintly women, excellent examples and teachers, bringing great benefit to our human society and world.
29 Men also inquired on behalf of female relatives.
30 Here, I am particularly referring to firstly the Vinaya imperative or affirmative responsibility that the Sangha has to give ordination to qualified applicants; secondly, to the time imperative that appears in the Vinaya; and thirdly, to the vision of the field, knowing that if no seeds are planted there will be no harvest, however if seeds are planted even in very untilled and minimally moist soil (minimal training or support) still a few of the very strong may grow and in doing so break the earth and attract and hold moisture.
31 Most everywhere I traveled, both in the cities and countryside towns and villages in the north and northeast of Bangkok, for the majority of the male monks, maechees and laypeople, it was the first time they had ever met a woman wearing the civara, the monastic robe. They were greatly respectful of the robe and the monastic livelihood which is normal for Thai people, when not confused by issues and politics.
32 Among other options proposed – single ordination from the Tibetan Bhiksu Sangha alone would affirm the cultural solidarity of the lineage while dual ordination together with the Chinese Bhiksuni Sangha (or their Vinaya descendants) would be a tremendous gesture of harmony, peace and forgiveness, affirming our common heritage and Dhamma-Vinaya ancestry as Sakyan sons and daughters.
33 As of this endnoting, August 2007, our known numbers have quadrupled, reaching twenty (Mahasangha) with this Vassa. There are eight bhikkhuni wayplaces in the United States: four on the East Coast, three in the West. Plans are underway for the first national Bhikkhuni Sangha gathering for Patimokkha recitation and Vinaya Seminar in November 2007.
34 In fact, there is such an exponential growth of interest in Buddhism in America that we really need more monastics, both male and female, particularly those skilled and practiced in the Dhamma and capable of teaching, to fill the need.
35 Vinaya literally means "to abandon" or "remove" hindrances, not to create them. When understood and used rightly, it is meant to support the best opportunity for enlightenment in monastic life, not to prevent or prohibit it. The Vinaya does not recognize sects, nor consider nationalities or robe colors as an obstacle to ordination.
Appendix
Glimmers of a Thai Bhikkhuni Sangha History
"Although history would indicate that in the past there have been both bhikkhunis and samaneris in [the lands now known as] Thailand, from the time of the Ashokan missions of Arahantas Sona and Uttara to Suvannabhumi, up until the Ayutthaya Period, and even into the twentieth century [in the northern regions], there is little or no public knowledge nor a sense of connectedness to this distant and more recent past."
This sentence within "Mining for Gold" has elicited significant surprise, interest and curiosity amongst both friends and eminent fellow monastic Sangha members who have read it, particularly those who have lived in Thailand for many years, but "never had a clue." The information that I've come upon in the past years has largely been brought forth by the simple merit of the interest stimulated by the rare appearance of a female form clothed in the patchwork saffron robe, both during my time in Thailand and elsewhere amongst the Thai people, scholars and Sangha members. For those mentioned above who have requested sharing knowledge of the details, they are laid forth here for reflection and consideration. As the information is substantial and deviates from the main theme and flow of "Mining for Gold" it is set forth separately in this appendix. Recognizing that the work shown here with this important subject is barely a beginning and highly inadequate, it is my hope that, as a beginning, it might at least encourage an opening of ideas and views, as well as further research and publication.
A Weaving of Threads
Like weaving threads together, the lines of a sketch or beginning to lay out pieces of a puzzle, I will lay out what I have come across for consideration. The clues span a vast period of time, from roughly the 3 rd century BCE through to the 20 th century, a period of perhaps 2,300 years, nearly as long as Buddhist history itself. I will divide it roughly into three sections as mentioned in the "Mining for Gold" text: (1) the Ancient period or time of the Ashokan missions of Sona and Uttara to Suvannabhumi, (2) the middle period of various "Thai" kingdoms up until the founding of the Kingdom of Ayutthaya, and (3) the period of more recent history reaching into the twentieth century and modern times.
Ancient Period
The first references to bhikkhunis in the lands now known as Thailand come from the records of the Ashokan missions of the Arahanta Theras Sona and Uttara to Suvannabhumi, the ancient and famed "Land of Gold." Although the exact boundaries of the ancient Land of Gold are unknown, the Thai people have strong emotional ties to the history of this land that may be seen in many facets of their culture, in the ancient name of one of their provinces, Suphanbhuri, and the modern, new Suvarnabhumi International Airport. Historians say the Land of Gold roughly covered the territories now known as Burma, Thailand and Laos, as well as parts of Southern China, Cambodia and Northern Malaysia.
The journey of Sona and Uttara Thera to Suvannabhumi is recorded in the important Pali text the Samantapasadika, in the ancient Sri Lankan chronicles the Dipavamsa and Mahavamsa as well as in the Vinaya commentary Sudassanavinayavibhasa. a According to the Samantapasadika, the Theras "ordained 3,500 men and 1,500 women, establishing the Buddhadhamma." In Thai Buddhist historical texts, this record appears in the Thai Ruan Song Pra Thera Bye Prakat Pra Sasana Ni Thang Prathet—About Theras Going to Teach Buddhism Abroad where we find that:
"Youths in the group of royal males of the number of 3,500 ordained. The royal female youths in the number of 1,500 ordained. Thus, the Theras firmly established Buddhism in the area of Suvannabhumi. Thereafter, the young people of the royal heritage received the Dhamma lineage of Sona and Uttara." b
The exact location of the ordinations is disputed. I have no intent to propose which site might have actually been the real and true location of the Suvannabhumi bhikkhus' and bhikkhunis' ordination or whether the Ashokan Missions really happened as recorded, but rather to show that the Thai people themselves lay both historical and emotional claim to the site that their own Buddhist textual records indicate was the place where 1,500 women were ordained as bhikkhunis from the very beginning of the recorded establishment of Buddhism in their land.
The Thai people regularly speak of the location of this great happening, the foundation of the Buddhism in their land, as having occurred at the "First Chedi" Nakhon Pathom, thousands of people coming to pay their reverence to the site daily for this reason. The Burmese people locate the site in Burma at Thaton where there is also a shrine devoted to this most famous and venerable of occurrences. However, according to research done by Ven. Ratanavali Bhikkhuni, contemporary Thai Buddhist historians locate the site of the first ordinations at the ancient Thai city of Nakonsi Thammarat (Nagara Sri Dharmarajasima). According to interviews conducted with local Nakonsi Thammarat historians, it is well known that Buddhism first entered Suvannabhumi in what is now known as Nakonsi Thammarat, not Nakhon Pathom. The Thai Tipitaka reference above is anthropologically linked to the Nakonsi Thammarat Yak Chedi (Yaksa Chaitya) through the accompanying Tipitaka story of the Theras displaying their power over the supernatural forces the people had feared and worshipped by subduing the Yaksas (ogres, cannibals, flesh-eating giants) before teaching the Dhamma and giving ordination. The main Nakonsi Thammarat Chedi, built in Sri Lankan style, is also linked by local history directly to the Tipitaka history and the arrival of the Theras Sona and Uttara. It is recorded to have been built in conjuct with the Sri Lankans to commemorate the site where Indian Prince Kumar and Indian Princess Hemachala (whose statuary images remain there) came with a tooth relic of the Buddha, now enshrined there in memory of it being the site of the establishment of the Buddha Sasana. This is confirmed by Phra Raj Suwan Maytee in Pan Din Ton: Nakon Pathom dan gert Prabuddhasasana.
Neither the Samantapasadika Pali nor the Thai account say what the noblemen and women were "ordained" (Thai: buat) as. However, by the famed statement that "Buddhism has only been established in a land when both sons and daughters of that land have been ordained [as bhikkhus and bhikkhunis,]" c it may be inferred that it was upon such ordination that the pronouncement "the Buddhadhamma has been established" was made in the end of the Samantapasadika account. This is confirmed by the less well-known Sudassanavinayavibhasa which does specify that the men and women were in fact ordained as bhikkhus and bhikkhunis.
Another point of interest is that according to the Thai Vinaya Pitaka version of the Samantapasadika, as related by former Thai Senator Rabiaprat Pongpanit in her 2002 report to the Thai Senate, both men and women appear to have been ordained by the Bhikkhu Sangha alone, as there is no mention of bhikkhunis among the "five bhikkhus, samaneras, upasakas, brahmans, high ranking government officials and members of royalty totaling thirty-eight persons" d who comprised the Ashokan mission. In fact, all of the Ashokan mission records in which both men and women are recorded as ordained in various countries surrounding India by the Arahanta missionaries following their teaching, other than the Sri Lankan record, follow this same pattern. This does not mean that the calling upon of bhikkhunis to perform the dual ordination did not happen, as this part of the historical records could certainly have been lost in many cases. However, the history in its current form could also be seen as giving precedent, in the behavior of numerous Arahanta Dhamma teachers of great renown, to the ordination of both women and men as bhikkhus and bhikkhunis by the Bhikkhu Sangha in the absence of a Bhikkhuni Sangha.
The Middle Period: the Kingdoms of Pattani, Sukhothai, Lanna-thai and Ayutthaya
According to the general Buddhist history of this area in the middle period, there were bhikkhus and bhikkhunis of various Buddhist schools and traditions—Theravada (Sthaviravada or Hinayana), Mahayana and Vajrayana—throughout the lands of South and Southeast Asia. Middle period references specifically to bhikkhunis in the area that is now named Thailand come from the Pattani, Lanna-thai and Sukhothai periods as well as the Ayutthaya period.
Pattani (3 rd —17th Century CE)
Moving through time, we come to the Kingdom of Pan Pan, not far removed from modern Nakonsi Thammarat. Pan Pan was later know by the Thais as Pattani and is considered by them to be one of their ancient historic kingdoms. Earlier historical records of Pan Pan
span the 3 rd through the 7 th centuries of the Common Era; later records of Pattani extend through the 17 th century, up until the absorption of the kingdom in the modern Bangkok period.
In his work Nuns of Southeast Asia (3.6), Peter Skilling relates this finding:
"[In] Ma Tuan-lin's description of the Kingdom of P'an P'an in his Wen-hsien Tungk'ao: 'There are ten monasteries where Buddhist monks and nuns study their canon. They eat all types of meat, but restrain from wine.' Wheatley and others have concluded that P'an-p'an was located in the vicinity of the Bay of Bandon in peninsular Siam."
The record is estimated to be related to the 7 th century CE. The word "nun" in the record is the Chinese character ni commonly used as an abbreviation of the three Chinese characters bi-ku-ni. Although the record is Chinese, the description of the food consumed by the monks and nuns does not bear the marks of the discipline of the Chinese Mahayana schools, thus it seems that these female Buddhist monastics would have belonged to one of the Sthaviravadan or Theravadan schools.
th
Sukhothai (13 —15
th
Century CE)
According to Thai records as related by the Research Department of Rajavidyalaya Mahachulalongkornrajavidyalaya Royal Thai University (hereafter abbreviated as "Mahachula") there are Sukhothai records of bhikkhunis ordained by the Bhikkhu Sangha alone. The question has been raised by scholars whether the (perhaps) original practice of ordaining bhikkhunis by the Bhikkhu Sangha alone may have continued in Thailand from the Ashokan period, rather than being replaced shortly after the original ordinations by the dual-ordination practice. Since these bhikkhunis did not have dual ordination, modern monastic and lay Thai Buddhist scholars have affirmed they may not be considered to have constituted a legitimate historical Bhikkhuni Sangha, having not met the full criteria for ordination as bhikkhunis. However, it may be noted that according to Vinaya, in the time of the Buddha, neither early bhikkhunis ordained by the Bhikkhu Sangha alone nor even those ordained by the "bhikkhu rite," rather than the "bhikkhuni rite," were to be considered not ordained.
Lanna-thai (13 th —16 th Century CE)
In Nuns of Southeast Asia at 3.6, Skilling further relates that:
"in Lanna Thai literature (Catalogue of Palm Leaf Texts on Microfilm at the Social Research Institute, Chiang Mai) there are two texts entitled Tamnan Bhikkhuni Dona and Tamnan Sindu Bhikkhuni, which from their titles are the biographies of bhikkhunis. These bhikkhunis do not seem to be listed in the Tipitaka—at least they are not listed in Malasekara's DPPN, thus there is the speculation that they might be later bhikkhunis' histories." e
As these bhikkhunis' names appear to not be among those dating from the earliest days of the Indian Sangha, there is the expectation that rare and precious records of later bhikkhunis, whether from Thailand or from other locales may have been discovered. It was also in the Lanna-thai period that Sanghanusati chants including the recollection of the virtues of the Thirteen Foremost Bhikkhuni Disciples were composed and their recitation called for by the royalty for the blessings of the populace and nation. Considering the formal veneration payed to the Arahant bhikkhunis by even the great kings of the Buddha's time, it might be seen as ironic that in 2007 CE, bhikkhuni Arahanta statuary images from the Lanna-thai period were removed to Wat Songdhammakalyani (a bhikkhuni temple) from the Lanna-thai monastery where they were long enshrined, as modern local monks felt it inappropriate for men to show veneration to their female forms.
Ayutthaya Period (14 th —18 th Century CE)
Further bhikkhuni records were spoken of at Mahachula, recovered incidentally while conducting research related to the exchange of the upasampada ordination between Thailand and Sri Lanka, in particular the ordinations which facilitated the (re)establishment of the Thai Sangha upon the founding of the Kingdom of Ayutthaya. These records indicate the existence of pre-Lankavamsa Bhikkhu and Bhikkhuni Sanghas in Thailand, up to the entry into the Ayutthaya period, at which time these Sanghas were ended and a new Bhikkhu-only Sangha established with royal patronage and support from the Bhikkhu Sangha lineage of Sri Lanka.
By way of explanation, it is recorded that the Kingdom of Ayutthaya was named after the Indian Kingdom of Ayodhya, famed birthplace of the Hindu God Rama and the "first man" Manu. In its ruling secular and religious leadership structure, the Kingdom of Ayutthaya showed a great harmonizing of the religious teachings and practices of its time: Brahmanistic or Hindu, and both Mahayana and Theravadan Buddhist. The king was thus availed of both the divine right to rule via the Brahman priests as well as the Buddhist messianic right as a "wheel turning monarch" and an incarnation of the Bodhisattva Phra Ariya Maitreya—the future Buddha. These hardly seem to have been unique ideas; in the centuries both preceding and following, history records many Asian rulers, both Thai and non-Thai, adopting similar means in various combinations of these same prevailing teachings.
The records relate the causal reasoning behind the ending of the Bhikkhuni Sangha as "inappropriate relationship" with men and the Bhikkhu Sangha. This is interpreted by some scholars to mean that there were allegations of sexual misconduct. Indeed, this seems to have been a topic of literally mortal concern during the Ayutthaya period, as Skilling has found records of Buddhist monks being regularly punished to death by public roasting over fire for allegations made of sexual misconduct. For this reason, foreign documenters observed and noted that only women past their childbearing years were allowed to
respectably don even white robes in the Kingdom of Ayutthaya. f Other scholars understand this statement regarding "inappropriateness of the bhikkhunis" to mean that it was considered inappropriate for women to have the status of Brahman priests g within the social/religious/ideological framework of the Ayodhyan Brahmanical tenants of the Manudharmashastra, a system of philosophy and social order which had spread at that time from India to Thailand. This system by law subordinates women first to their fathers, then husbands and finally sons, and does not allow for the possibility of women's salvation other than through the "sacrifices" or the merit offered by their sons. Finally, there has been the further speculation that the cessation of the previous Sangha was simply, if nothing else, an oft-repeated political move to ensure the loyalty of the clergy to the sovereign, and thus the solidarity of the kingdom.
As apparent in the Kingdom of Siam exhibit shown in 2004 CE in the United States at the Asian Art Museum in San Francisco, the writings and meticulous drawings of at least one foreign Jesuit missionary in Ayutthaya nonetheless still record the presence of undoubtedly feminine, h saffron-robed, shaven-headed monastics sitting on raised-platform seats in distinctly Thai-temple environs during that period. i Skilling finds records of robed Buddhist renunciate women in those times still addressed as bhagini—"sisters," the Pali/Sanskrit form of respectful address used by both the Buddha and Theras, as well as called nang-chee—"lady renunciates," a melding of Thai and Brahmanical terms and the precursor of the modern, white-robed mae-chee.
According to scholars, it may be reasonably assumed that some numbers of both bhikkhus and bhikkhunis of lineages and traditions from the pre-Ayutthaya period would have continued to survive in areas of what is now known as Thailand outside of the Kingdom of Ayutthaya. This may be confirmed by later records of Bhikkhuni Sangha in the regions that are now known as the surrounding countries of Burma, China and Cambodia.
Pre-modern and Modern Period
Looking for evidence of the continuation of kasaya-robed Buddhist monastic women beyond the Kingdom of Ayutthaya, such evidence may be found in nearly all directions.
In the northwest of what is now Thailand, Mon records include bhikkhunis into the 14 th century CE. In the northeast, records from Lao territories show yellow-robed female monastics into the 20 th century. In the north, Thai-Yuan records of the Yuan Special Autonomous District in Southern China show bhikkhunis contemporarily. The Thai peoples of at least one locale in India also preserve the last remnants of a yellow-robed women's monastic tradition.
To the west in neighboring Myanmar, the Burmese Chronicles of the King's Proclamations, as translated by Dr. Tan Tun in Ideas and Views, shows royal permission granted as late as 1788 CE to women over age nineteen to ordain as bhikkhunis. Additional laws prevented the
king's slaves from becoming bhikkhunis and, as late as 1810 CE, required both the bhikkhus' and bhikkhunis' discipline to be royally monitored. It may be noted here that, rather than the "thousand year gap" regularly spoken of, these records leave a gap of less than 200 years j in the tradition of full ordination for women in Southeast Asia.
To the east there are more recent Thai-Lao records as well. Most well-known is the travel diary of Hermann Norden, as published by Kamala Tiyavanich in the chapter "Sisterhood of the Yellow Robe" in her book Buddha in the Jungle. Norden writes in his 1920s travel diary for the Royal Geographical Society of Great Britian of his visit to the isolated Muang You people:
"At the bonzerie (monastery or nunnery), I was astonished to see young women in yellow robes and with shaven heads; a Buddhist Sisterhood. They were busily sweeping an already tidy yard; an older woman superintending the work."
To the north, the records are not only recent, but contemporary. Dr. Hua Che Min, a Chinese scholar of Sinhalese language affiliated with the language department at the University of Kelaniya, Sri Lanka, has authored a book in Sinhalese about the Thai-lue people's religious lives and practices in the Sip Song Panna Special Autonomous Region in Yunnan Province, Southern China. This book, Theravada Buddhism in China (in Singhalese), records, as of the year 1991 CE, the number of temples and bhikkhus and bhikkhunis of both Mahayana and Theravada traditions, reporting that they have been largely untouched by the Chinese government. Phra Vutthichai Bhikkhu, in his 2006 visit to the area to support the renovation of the Thai people's Theravadan temples, confirmed the reports of the book and reported that the temples look remarkably Thai.
Not only in China and in the regions surrounding modern Thailand, but in the homeland of Buddhism as well, the ethnic Thai peoples seem to have been among the last to devotedly preserve the remnants of their yellow-robed monastic traditions for women. In Yasodhara Magazine, Venerable Dhammananda Bhikkhuni reports her recent discovery of the presence of a tradition of saffron-robed female monastics in at least one ethnic Thai people's community in India. k
Once again returning to within the heart of the Thai Kingdom, images of saffron-robed women in Buddhist monastic life do not entirely disappear in the Ratanakosin Era, but may be found in the arts and histories related to the Royal Family.
Many Thais might be surprised to learn that the heritage of the early Arahanta bhikkhunis and the later bhikkhunis' missions were both affirmed and royally honored in Thailand. In 1836 CE, King Nang Klao—Rama III, established Wat Thepthidarom (Pali: Devadhita-arama) in Bangkok, the Monastery of the Heavenly Daughter, named for his beloved eldest daughter who served efficiently as his personal secretary, Crown Princess Apsonsudathep. The monastery's bhikkhuni Vihara houses statuary images of the Founding Mother of the Bhikkhuni Sangha Mahapajapati Gotami and fifty-two bhikkhuni Arahantas, the images
dedicated to his daughter (whose health was ailing) and his fifty-two children. The princess also contributed from her personal fortune to the construction. King Rama III also undertook the 16 year 7 month restoration of the Ayutthayan period monastery Wat Bodharam (commonly known as Wat Pho), initially begun by King Rama I when he established it as a first grade royal monastery in 1788 CE. King Rama III's son Prince Laddawan led in the restoration of the Western Vihara, the famed Temple of the Reclining Buddha, on whose walls may still be found the Mahavamsa mural paintings of the arrival of Ashokan daughter Sanghamitta with the Bodhi tree to Sri Lanka, her meeting with King Devanampiyatissa and her ordination of Queen Anula with her company of 500 women, establishing the Buddhasasana. Other walls in the sanctuary of the Reclining Buddha are covered by extensive and elaborate mural paintings of the thirteen foremost bhikkhuni disciples of the Buddha and their stories, as well as paintings of the ten foremost laymen and laywomen disciples. This great restoration was undertaken by the king to maintain Wat Pho as "a center of both arts and knowledge for the Thai people, where descendants could look indefinitely."
In the years that followed however, few have even known to look. The doors of the Bhikkhuni Vihara in the Monastery of the Heavenly Daughter generally remain locked. As robed, shaven-headed images of bhikkhus and bhikkhunis may look similar without close examination, even well-educated monks living for years at Wat Pho may never know of the content and meaning of its full-wall mural paintings, not to mention the throngs of tourists that pass through its halls each day. The majority of modern records that are often seen related to ordained women in the saffron robes and the Thai royalty might be considered tragic.
Perhaps the most famous is the diary of Anna Leonowens and the Western movies The King and I and Anna and the King based upon it. Anna Owens was the British governess to the Royal court of Siam from 1862-1865 CE, during the reign of King Mongkut—Rama IV, who was a highly-disciplined Buddhist monk himself for many years and founder of the Dhammayuta Nikaya (a reformed monastic order) before ascending to the throne. In her book Romance of the Harem, she relates the pitiful story of the favorite consort-wife of the king, Lady Tuptim, who was engaged to be married when she was chosen for the royal harem. Her fiancé, Pilat, ordained as a Buddhist monk after her leaving, and when Lady Tuptim felt trapped by the confines of her palace life she escaped and secretly ordained as a novice at Phra Pilat's temple. Upon her discovery there, although affirming purity, the two were tried and sentenced to death by fire. We can only guess the impact that such an event may have had upon the thoughts and views of the royal princes and their heirs, amongst them, Prince Chulalongkorn, the son of King Mongkut who was later to become Rama V, the king to follow, and Prince Wachirayan, the son who was to become Sangharaja.
Under the reign of the beloved and revered King Chulalongkorn—Rama V (the son of King Mongkut tutored by Anna Leonowens while a prince)—Siam lost border territories to colonial powers, to France for Laos and Cambodia, to Britain for Burma. However the King was able to maintain independence, declaring Siam an independent kingdom in 1886.
A son of King Chulalongkorn's, Rama VI—King Vajiravudh—reigned from 1910 to 1925, during which time he increased the westernization begun by his father and grandfather, including mandatory primary school education and a system of standardized basic education for the Buddhist monastic Sangha. Prince Wachirayan (Vajirananavarovasa) was appointed and empowered by King Vajiravudh as Sangharaja—"Sangha King" or "Supreme Patriarch" of Siam.
Texts authored by Prince Patriarch Vajirananavarorasa for the progress and knowledge of Buddhism and education of the Sangha in the monastic discipline of the Vinaya included the Vinaya Mukha and its English-language translation Entrance to the Vinaya. As these texts are often studied in place of the Vinaya itself, they have led (and still continue to lead) the vast majority of Thai-educated Buddhist monks to hold beliefs expressed therein, such as: a "person who wishes for upasampada (full bhikkhu or bhikkhuni ordination) must be male" and "if one has committed serious offences or one is a woman, then such persons cannot receive the upasampada and their ordination would be known as vatthu-vipatti, literally, defect[ive]." l Later, in Volume III of the Vinaya Mukha we find two personal speculative theories propounded by its author: the first, that the Bhikkhuni Sangha "existed temporarily, for no great length of time… [and] probably disappeared in Lord Buddha's own days;" m and the second, that from the time of Sanghamitta Theri, daughter of Emperor Ashoka, "it is agreed that the bhikkhunis disappeared." n In this case, the "agreement" would seem to have become the self-fulfilling prophecy for a nation. With a concerted effort made to spread and establish a statewide system of secular and monastic education, lay children, samaneras, and bhikkhus, from the early 1900s until the present, all came to be educated that the Bhikkhuni Sasana had died out in India not long after the Buddha's time, the last bhikkhuni being Sanghamitta Theri.
Additionally, according to both Buddhist monastic scholars and Buddhist historians such as Tiyavanich, in the twentieth century, diverse, local, ethnic traditions of Buddhism in Thailand were legally replaced by State Buddhism for the sake of a Unified Thai Nation and Sangha. Empowered by the Sangha Acts of 1903 and 1928, both secular and religious laws were made forbidding the ordination of women due to a perceived political threat. o For the sake of a centralized Thai State and uniformity of Sangha standards, although a divergence from the Vinaya, from that time it became illegal for local Elder Buddhist monks to give ordination within their local Sangha traditions and lineages to even men, unless they were approved, trained and certified as Upajjhayas (preceptors) by State Authority.
As a final note, scholar Peter Koret is currently working on the histories of several Thai women ordained as bhikkhunis and disrobed by law during the early 1900s in the Sangha Acts period above. These include the two daughters of outspoken political critic Narin Klung (one of the political threats mentioned above) who were ordained as bhikkhuni and samaneri along with a number of other women. Due to their father's political conflicts, the daughters, Sara and Jongdi, were arrested and most of their Sangha disrobed, while the two sisters were taken to prison where the elder sister was disrobed by force. When released from prison the daughters maintained their monastic life but changed the color of their
robes. Their Sangha ended one day when the elder sister, Phra Bhikkhuni Sara, was kidnapped by a rider on horseback while she was walking on almsround. Due to the negative reaction to that event within the Sangha, the then Sangharaja of Thailand passed a law forbidding any and all Thai bhikkhus from acting as preceptors in ordaining women as either samaneris, sikkhamanas, or bhikkhunis.
Nonetheless, twenty-eight years later, in 1956 CE, Thai lady Voramai Kabilsingh received ordination as a samaneri from Phra Prommuni of Wat Bawanniwet, the King's own ordination master. Although she wore light yellow robes of a different color than Thai bhikkhus, in the 1960s she was charged with the illegal act of impersonating a bhikkhu. After learning of the continuation of Sanghamitta Theri's line in the Chinese Dharmagupta bhikkhuni lineage of Taiwan, in 1971 she traveled for the full bhikkhuni ordination there, receiving the ordained name of Shih Ta-Tao Fa-Shr—Venerable Mahabodhi Dhammacarya. In the year 2001, thirty years after her full ordination, Venerable Mother Mahabodhi's daughter Dr. Chatsumarn Kabilsingh, herself a respected Buddhist scholar and teacher, traveled to Sri Lanka to receive samaneri ordination and two years later the bhikkhuni ordination upon the revival of the tradition of the bhikkhuni upasampada there. Given the ordained name Bhikkhuni Dhammananda, her ordination together with the beneficent works of others, has paved the way for a gradually but steadily increasing number of Thai women, both Theravadan and Mahayana, to be ordained as samaneris and bhikkhunis both in Sri Lanka, in Taiwan, and once again in Thailand. As their stories are many, they will not be told here. p Fortunately, it is the very spirit of further research into the Buddhist texts coupled with dedication to the higher purpose of the Buddhasasana and the welfare of the Monastic Sangha, so championed by Kings Mongkut and his sons King Chulalongkorn and Prince Patriarch Vajirananavarorasa, which has brought this about. In the year 2003 CE, after extensive research and review by the Thai Senate, the secular law banning women's ordination in Thailand was found unconstitutional and revoked as contrary to freedom of religion.
In Conclusion: A Different Definition
Thus, as I have been told by knowledgeable Thai researchers and Buddhist academics, the common statement "Thailand has never had a Bhikkhuni Sangha" or "Thailand has never had bhikkhunis," to current knowledge, might be more accurately and correctly stated as:
Within the domains of the current Chakri dynasty of Rama kings, since its foundation; that is, in the Ratanakosin Era from the Ayutthaya Period through the Bangkok period (1782 CE -present), Thailand has not yet had a royally- or Statesanctioned and supported Bhikkhuni Sangha with dual ordination.
This is not to say that there have never been bhikkhunis amongst the ethnic Thai peoples, nor that the lands, now known as Thailand, have never been host to the Bhikkhuni Sangha.
In fact, the pattern that appears within the historical threads, when woven together, does seem to tell quite a different story.
Endnotes to Appendix
a A text of Sri Lankan origin taken to China and translated by Sanghabhadra about the time of Buddhagosa. The Chinese translation of the title of this Singhalese Vinaya commentary has been retranslated into Pali as the Sudassanavinayavibhasa.
c Although this statement has been attributed to Ashokan son Mahinda Thera in his words to Sri Lankan King Devanampiyatissa regarding his reason for calling for his bhikkhuni sister Sanghamitta Theri and her peers to establish the Bhikkhuni Sangha, it is based upon various quotations from the Tipitaka. As amalgamated and paraphrased briefly from Analayo's Women's Renunciation in Early Buddhism:
b Ruan Song Pra Thera Bye Prakat Pra Sasana Ni Thang Prathet—p 119: "Puak dek ni tragoon praman 3,500 buat laew. Khuntida praman 1,500 nang gan buat laew. Pra thera nan dye pradit tan prasasana hye damrong man yu ni kwan suvanabum nan laew doy prakan cha ni. Jam derm ther nan ma chon [p 120] chow suvanabum gau dye thang cheu pauk dek ti gert ni ratchathragoon wa Sonuttara serp ma."
Numerous early canonical passages concur with the clear statement given in the Mahaparinibbana Sutta that the Bhikkhuni Sangha is an integral part of Buddhist community, particularly the Lakkhana Sutta and the Pasadika Sutta of the Digha Nikaya. Even those outside the Buddhist order apparently perceived the existence of proficient female Buddhist monastics [bhikkhunis] as indispensable for the completeness of the Buddha's Sasana, as in the Mahavaccagotta Sutta of the Majjhima Nikaya, were we find the wanderer Vaccagotta, soon to enter the Buddhist Sangha and become an Arahanta, proclaiming that: "If, in this teaching, only the Reverend Gotama and the bhikkhus were accomplished, but there would not be accomplished bhikkhunis, then this Holy Life, would be deficient in that respect"—(sace ... imam dhammam bhavañc' eva Gotamo aradhako abhavissa bhikkhu ca ... no ca kho bhikkhuniyo aradhika abhavimsu, evam idam brahmacariyam aparipuram abhavissa ten' angena.) The degree to which the existence of the bhikkhunis is integral to the welfare of the Buddha Sasana is highlighted in Samyutta Nikaya 16.13: "bhikkhu bhikkhuniyo upasaka upasikayo satthari ... dhamme ... sanghe ... sikkhaya ...samadhismim sagarava viharanti sappatissa. Ime kho ... pañca dhamma saddhammassa hitiya asammosaya anantaradhanaya samvattanti." The conditions that lead to the duration of the Dhamma after the Buddha has passed away are treated in the Anguttara Nikaya which states these requisite conditions to be that "the four assemblies be respectful towards the Teacher, the Teaching, the Community, the training and towards each other"—(bhikkhu bhikkhuniyo upasaka upasikayo satthari ... dhamme ... sanghe ... sikkhaya... aññamaññam sagarava viharanti sappa issa. Ayam kho ... paccayo yena Tathagate parinibbute saddhammo cira hitiko hoti.) According to the Dakkhinavibhanga Sutta, from the perspective of merit, a gift given to the Ubhoto Sangha comprised of both bhikkhus and bhikkhus is superior to that given to the Bhikkhu Sangha alone, thus the absence of the Bhikkhuni Sangha would result in a deficiency of the Order as a recipient of gifts. Finally, in Samyutta Nikaya 42.7 we find that, in addition to being treated as superior recipients of offerings, the bhikkhus and bhikkhunis are reckoned together when it comes to receiving teachings, as they constitute the superior field for the Buddha's instructions—("seyyathapi ... khettam aggam evam eva mayham bhikkhu-bhikkhuniyo.")
e The translation of these texts into Thai was commissioned by Ven. Dhammananda Bhikkhuni in July 2007.
d Samantapasadika 62-63.
f Skilling—Nuns of Southeast Asia
g In the Buddha's teaching, a person rightly becomes a Brahman (holy) neither by birth-caste nor by gender, but rather by their own virtuous and noble deeds.
h Due to the distinctive double circle breast motif
j The eminent teacher of Burmese Master Mahasi Sayadaw, Mingun Jetavan Sayadaw's 1949 CE reasoned proposal for the reestablishment of the Bhikkhuni Sasana in Burma (although not accepted at that time) thus seems to have followed upon no more than 139 years lapse of the Southeast Asian Bhikkhuni Sangha.
i The author here wonders whether this may have been a drawing of the fabled royal Ayutthayan princess who secretly fled the palace life to be ordained as a bhikkhuni and live the monastic life against the wishes of her father the King.
k See www.thaibhikkhunis.org – Yasodhara Magazine, "back issues."
n Entrance to the Vinaya III, pg 269. ""
l Entrance to the Vinaya I, pgs 4-5 on fulfilling conditions (sampatti) for ordination. Thai version published in 1903. m Entrance to the Vinaya III, pg 268. Thai version published in 1921, English in 1983.
o According to Mahachula, until that time Chinese Mahayana traditions in Thailand still had both Bhikkhu and Bhikkhuni Sanghas in Thailand, but with the establishment of these laws, they voluntarily gave up their practice of ordaining women.
p Many of these women have been awarded as "Outstanding Women in Buddhism" in observance of the United Nation's International Women's Day at the United Nations in Bangkok. Their information may be available through Outstanding Women in Buddhism Awards Secretary General Dr. Tavivat Puntarigvivat or Founder Venerable Rattanavali Bhikkhuni.
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Is American Policy toward Africa Increasingly Militarized?
American University August 28, 2013 Amb. John Campbell (ret.)
Good afternoon. I want to thank you for being here today. I especially want to thank American University and the Caroline and Ambassador Charles Adair Memorial Lecture series for inviting me to speak.
This lecture series is sponsored by the American Foreign Service Association, the professional organization of my particular tribe. As a Foreign Service officer, I am particularly grateful for AFSA's consistent advocacy for a professional diplomatic service.
My writ today extends to the challenges and opportunities facing American diplomacy in Africa. That's a big subject.
Despite the compelling news from Egypt, I am going to make my writ smaller. Following the practice of the State Department and the Council on Foreign Relations, I will devolve North Africa to the Middle East. So, when I say "Africa," I mean not the entire geographic continent but only sub-Saharan Africa.
That, too, is an immense subject. Nevertheless, an entry point to a conversation about diplomatic challenges and opportunities might be to talk about the view among Africans that American policy toward their continent is becoming militarized.
Accordingly, I want to ask the question, 'Is American policy toward Africa in fact militarizing?' And, if it is, why? And does it matter?
Many of my African friends feel that the U.S. approach is already dominated by (from their perspective) our misplaced security concerns.
They will acknowledge that in the past, democracy building in the context of the rule of law and with economic development were pre-eminent among our goals.
Now, their concern is that this broad focus is being replaced by a narrow emphasis on counter-terrorism.
That might be welcomed by local elites under siege from insurgencies fed by bad governance and unresolved ethnic and religious conflicts. But, it would do little to promote democracy and economic development.
Counter-terrorism certainly is a priority of the U.S. government. In Africa, does it risk overshadowing everything else?
2
The question is important, because if the answer is yes, then my African friends fear that the security agencies may shape U.S. policy with less focus on good governance and economic development.
What about us, we Americans? Does it matter if our African policy is increasingly shaped by the Department of Defense and the military?
From the perspective of effectively promoting American interests, I think that it does.
Fundamental change in Africa is resulting from shifts in demographics, climate change, technology, globalization, and the emergence of new power centers such as China, India, Brazil, and Korea.
Their drivers are often ambiguous and amorphous. There is no defined or consistent center of gravity, no organizing equivalent to the Cold War between East and West. Beijing, despite breathless assertions that we are "losing" Africa to China, does not play an equivalent role to that of the Soviet Union. And the concept of a War on Terror may obscure more than it illuminates, especially in Africa
There is increased competition for commerce, political influence, and access to resources across the continent. The locus of competition is often international organizations such as the WTO or the UN as much as in national capitals.
These challenges are not military. I submit they would seem to be issues and locales for diplomats, not warriors. To manage these issues requires a depth of understanding that professional diplomats can best provide. That reality can be overshadowed by an undue emphasis on counter-terrorism.
***
Historically, the United States did not participate in the nineteenth century scramble for Africa. We never were an African colonial power. Even after most African states became independent in the early 1960's during the Cold War, there was no significant U.S. military presence on the continent, except Roberts Field outside of Monrovia. But the focus of that installation was the Soviet Union and the Atlantic Ocean, not Africa.
Things are different, now.
The United States Africa Command, called AFRICOM, the U.S. base in Djibouti, the new drone base in Niger, and the various other U.S. airfields and facilities scattered across the continent are mostly new. Their establishment often reflects the post 9/11 cliché that "ungoverned spaces" – of which Africa has many – facilitate international terrorism. But they cannot address terrorism's roots in bad governance and elite corruption.
The African reception of this military embrace has not been warm.
Typical of much informed African opinion was a report from a South African research organization that criticized the 2008 establishment of AFRICOM, saying that it could "become the major, at times even dominant, influence on the substance of U.S. foreign policy towards Africa… ultimately shifting the initiative away from the Department of State… [and] representing the definite militarization of U.S. foreign policy towards the continent."
The report predicted that more U.S. military involvement would increase anti-American sentiment and encourage support for terrorism.
AFRICOM's mission is to protect and defend U.S. national security by strengthening African militaries and, when necessary, conducting operations of its own to "better [enable] Africans to address their security threats…"
So, AFRICOM sees itself as part of "African solutions to African problems" even if many Africans do not.
With most of AFRICOM's people in Germany, Camp Lemonier in Djibouti is the largest U.S. military presence. Since 2011, it's also been home to at least eight Predator drones and four fighter jets. It should also be noted that many of its operations are directed toward the Middle East and the Indian Ocean rather than toward Africa.
But, in February this year, the U.S. established a drone base outside the Nigerien capital Niamey. 120 members of the Air Force staff the base, which hosts two MQ-9 Reaper drones that stream live video and data, according to media reports.
Finally, the U.S. has acquired numerous other airstrips throughout the continent, with a key hub in Burkina Faso's capital of Ouagadougou. These airstrips host surveillance missions conducted by well-equipped turboprop planes disguised as civilian aircraft.
Surveillance aircraft can fly from Ouagadougou to Mali, Mauritania, and the Sahara, where they can search for jihadist fighters.
The Niamey drone base now participates in these searches as well. In fact, after two jihadist movements claimed credit for car bombs in Niger, Nigerien president Mahamadou Issoufou requested that the drones be armed. The Obama administration declined.
But, there are different ways to achieve the same goal. According to the New York Times (July 10, 2013), the unarmed drones collected intelligence information that we passed to the French. They used it to kill some 700 insurgents.
And, in March, intelligence from drones assisted with up to 200-plus French airstrikes in a single week.
AFRICOM also recently announced the creation of a rapid reaction force. This force will be stationed in Fort Carson, Colorado but will likely be forward-deployed in Africa much of the time.
4
AFRICOM continues its congressionally-mandated efforts against the odious Kony and his notorious Lord's Resistance Army in the African great lakes region.
Then there is training, such an important part of American military culture—as I wish it were for the Foreign Service.
A significant part of AFRICOM's stated mission is to train African militaries so they can effectively address their own problems—back to the mantra of "African solutions to African problems."
Since 1997, even before AFRICOM's establishment, the U.S. has trained and supplied non-lethal equipment to more than 215,000 African peacekeepers under an ongoing program called Africa Contingency Operations Training and Assistance (ACOTA). This program has 25 African country partners.
But training is not without its risks to democratic development.
Under a different U.S. program, called International Military Education and Training (IMET), Malian captain Amadou Sanogo trained in the United States at multiple times and locations. He then went on to lead the 2012 coup in Mali against the ostensibly civilian and democratic government of President Amadou Toumani Toure. Such an episode – and there have been others – feeds African suspicion that foreign military training leads to better coup-makers rather than better democrats.
Aside from the more conventional aspects of AFRICOM there is also a humanitarian dimension.
Its HIV/AIDS program supports prevention and treatment within African militaries. It also provides support for orphans and vulnerable children affected by HIV/AIDS, counseling and testing services, treatment, and more.
While I was ambassador to Nigeria, this was the most successful collaborative effort between the U.S. and Nigerian militaries.
And, we should not overlook AFRICOM's public diplomacy.
AFRICOM provides military information support teams to engage the public. It often has far more money to spend in a country than the embassy public affairs program.
What I'm concluding is that there has been a huge expansion of American military presence in Africa since 2005. That's when the Pentagon established the Trans-Saharan Counter-terrorism Initiative that was later transferred to AFRICOM.
While by no means secret, there has been remarkably little debate in the United States about this new area of military engagement.
So, my African friends seem to be correct. The U.S. military is playing a larger role than ever before, and much – if not most – of what it is doing comes back to counterterrorism.
And I agree with them that this is not necessarily a good thing.
***
The story of our diplomatic engagement is different. Post 9/11, it has been anemic. Civilian high level visits are few and far between. That is probably just as well because few of our embassies in Africa have the administrative capacity to support more. Public diplomacy efforts have eroded—that celebrated USIS library in SOWETO is long gone.
The frequency of presidential visits can be an indicator of the diplomatic importance that the United States attaches to a particular part of the world.
They are rare to Africa. President George W. Bush made two tours of Africa, while President Obama so far has made only one substantial trip, visiting 3 African countries this year. In the first year of his administration he also made a brief stop in Ghana.
However, Secretaries of State have paid more attention. While Secretary, Hillary Clinton visited 23 African countries, beating Madeleine Albright's record of 20. Colin Powell visited 12 and Condoleezza Rice only 6—but then she had Iraq and Afghanistan. So far, Secretary Kerry has made only one trip—to Ethiopia. But it's early days still.
As for foreign heads of state or government official visits to the United States: between 1993 and 2011, there were 1,236 visits from all over the world. African presidents or prime ministers made up 9% of that total with 111 visits.
During that period, out of the 49 countries in Africa, heads of state from 34 visited. But, the visit count was dominated by a select few. South African heads of state visited 14 times, those from Nigeria 11 times, and those from Ghana and Uganda were tied for 8 times each.
There are 49 U.S. embassies and consulates in Africa. That large number reflects our principle of universality – we try to maintain a formal diplomatic establishment in every country with which we have diplomatic relations.
But, most American embassies in Africa are very small, with only a handful of diplomatic personnel. Many of them are challenged to do much more than keep the doors open and provide minimal statutory consular services. Their energies are also sapped by the requirement to produce the plethora of annual reports now mandated by U.S. law.
A few embassies are larger, Nigeria, Ghana, South Africa, Ethiopia and Kenya.
But the numbers on paper can be misleading.
When I arrived in Nigeria in 2004, about a third of the State positions were vacant.
U.S. diplomats also tend to be inexperienced. In Nigeria, there were a total of three senior officers during my tenure. And the ambassador and the DCM were two of them. Very, very few State positions were filled at grade. (By contrast, other national security agencies at the Abuja embassy were fully staffed by officers at grade.)
The classic diplomatic functions of understanding and reporting on developments in the host nation and advocating the U.S. perspective are directly impacted by personnel shortages and inexperience.
When I was ambassador in Abuja the political and economic sections were short staffed and subject to frequent vacancies. And then there were the abrupt transfers to Iraq and Afghanistan.
There is no question in my mind that our understanding of Nigeria – a complex and strategically important country – was less developed than it should have been. Other agencies at post filled some of the reporting void, but naturally from their own optic, though I tried to ride herd on it.
Similarly, the commercial function within embassies remains underdeveloped. Africa may be the continent of "lions on the move," in the words of a 2010, McKinsey report, the next frontier of economic opportunity. And certainly more and more American investors and companies are interested in pursuing opportunities.
They should be assisted by the Foreign Commercial Service.
However, as of July 2013, there were a total of 6 commercial officers in sub-Saharan Africa, two each in Nigeria, Kenya and South Africa. To be fair, there may soon be a seventh in Ghana. So, a total of seven commercial officers in the world's new economic frontier!
And then there are visas. A visa operation does much to shape host country perception of the United States. Yet at too many of our embassies – their architecture too often resembles something out of George Orwell's 1984 – there is a visa application line that winds around and inches forward.
Not only are there too few visa officers at post, the visa backup operations in Washington are also too understaffed to perform in an efficient way. At some African posts, there can be a wait of weeks to get a visa appointment. And if the applicant has a Muslim name and must undergo secondary vetting in Washington, the process can— and too often does—take months.
These examples should indicate that the U.S. diplomatic function in sub-Saharan Africa is not particularly robust. Nor are our assistance programs as strong as they might seem.
The total of bilateral U.S. official development assistance in 2011 was $27.1 billion. Of this, $9.1 billion was given to Africa, which was a new record level. So Africa received 33% of the U.S.'s official development assistance in 2011, more than any other region.
The President's Emergency Plan for Aids Relief, better known as PEPFAR, is one example of a program whose budget has grown fairly consistently. It –rather than economic development or education or other humanitarian activities – now consumes by far the largest chunk of U.S. assistance to Africa.
PEPFAR has largely evolved into a medical treatment program. Upon its creation in 2004, its budget was around $2.4 billion. It is now about $6.63 billion. And in 2012, 22 out of the 35 countries where PEPFAR was operating were in Africa.
While the budgets for aid have increased, especially with PEPFAR, however, there has been a parallel decrease in numbers of staff at USAID. So this means fewer people managing a bit more money.
Taking this information altogether, it is evident that Africa is not much of a priority— except when real or alleged terrorism makes it so. And since 9/11 and especially since 2005, our military presence in Africa has expanded while our diplomatic engagement has atrophied in comparison. So the final question we have to answer is, "why"? Why has the military established a significantly stronger presence in Africa while the traditional tools of diplomacy and development have seemed to stagnate or even decline?
***
Broadly, I would submit, the answer to this question is the so-called "securitization" of U.S. foreign policy since 9/11. This has resulted in a huge increase in resources controlled by the Department of Defense and a relative weakening of the U.S. diplomatic services. And if the diplomatic decline is stark in Africa, it is also emblematic of what is happening elsewhere in the world.
Many in Congress consistently advocate for the military. In this area, the Congress reflects the view of the American public.
When a 2012 Gallup Poll asked about national defense, most respondents felt that it was either "not strong enough," or "about right," while only a small minority thought it was "too strong."
The diplomatic function enjoys less popular support and has less congressional interest, except in the aftermath of episodes such as Benghazi. Everybody has friends and neighbors who serve in the military; few Americans personally know Foreign Service Officers. Everybody understands the function of the military; what a diplomatic service actually does is often obscure, beyond somehow involving cookies and striped pants. And the Foreign Service still suffers from a reputation of "elitism." It is telling that the U.S. Marine Corps' reputation for elitism is a source of strength, while that of the Foreign Service weakens it.
I would like to suggest that we are seeing something of a feed-back loop, especially in Africa. If counter-terrorism is the centerpiece of our African interests, that results in the military and the national security agencies taking the lead. Resources then flow to the military.
Parallel under resourcing means the diplomats sometimes cannot fulfill even their traditional functions. So, additional taskings and funding flows to the military. That, in turn re-enforces the military flavor of our approach to Africa.
***
Some of the criticism of the erosion of the diplomatic function is shared in the United States. Former Secretary of Defense Robert M. Gates in 2008, said, "In the campaign against terrorist networks and other extremists, we know that military force will continue to have a role. But over the long term, we cannot kill or capture our way to victory." He went on to cite the decreased budget for diplomatic operations and called the accusations that our foreign policy is increasingly militarized a "not an entirely unreasonable sentiment."
But the State Department's weaknesses do not solely stem from resource constraints. There are as well institutional short comings.
To state the obvious, bilateral and multilateral relations between the United States and the rest of the world need to be nurtured, cultivated, developed, and guided by skilled professionals with a deep understanding of the country or organization to which they are accredited.
But, the upper levels of Foreign Service positions are being increasingly filled by political appointees rather than professional diplomats. There has recently been an outcry over President Obama rewarding some of his biggest campaign donors with ambassadorships. While this is hardly new, it may be growing.
Political ambassadorships appear more and more to be linked to partisan fundraising. The average amount raised by each donor who received a posting was $1.79 million as of mid-July, according to reliable media. (The Guardian, London 10 July, 2013).
Yet, as the president's personal representative, the ambassador has a crucial role in balancing diplomatic, security, and development equities from the perspective of fundamental U.S. interests. He or she should be trained and encouraged to use his or her presidential authority in an assertive way.
If the ambassador is prepared to lead, many of the dysfunctions associated with "securitization" can be mitigated or avoided. That also puts a premium on the appointment of ambassadors who are professional diplomats, and it requires the State Department to put greater emphasis on his or her power and responsibilities. That may sometimes require geographic bureaus to defer to the man or woman on the ground, uncomfortable though that might be.
Another source of weakness has been the refocusing of the Foreign Service toward post-conflict reconstruction in the aftermath of Iraq and Afghanistan. The Foreign
9
Service is thereby driven from its traditional diplomatic functions toward subordination to the Department of Defense. After all, the latter has primary responsibility in war zones and, for now, in post-conflict reconstruction.
In such environments, too often the Foreign Service is also deflected into serving as a concierge for other agencies inexperienced at operating outside the United States.
In 2006, then-Secretary of State Condoleezza Rice said that Foreign Service officers must partner more directly with the military in what she called, "transformational diplomacy." And from 2003 to 2008, more than 2,000 members of the Foreign Service volunteered to serve in Iraq or Afghanistan.
More than a little of this focus on "transformational diplomacy" was at the expense of our already understaffed African missions.
But, at the end of the day, the relative growth of the military when compared to traditional diplomacy comes back to one, principal thing: resource constraints.
***
Even before the sequestration, one of the main consequences of these resource constraints was diplomatic personnel shortages.
A 2008 report from the American Academy of Diplomacy concluded that, the ability of the Foreign Service to fulfill its mission is "hobbled by a human capital crisis." As a result, the military often must assume the burden because it does have the people and the funding.
But, lacking the necessary experience and knowledge, the military cannot fulfill these roles as well as career diplomats or USAID development professionals can.
The American Academy of Diplomacy report states that, in 2008, there was a State Department shortfall of about 2,400 officers for core diplomacy and training. It recommended rectifying this lack by 2014. However, in this era of sequestration, achieving that goal will be a challenge.
If diplomats and development professionals cannot take the time to constantly improve themselves and keep up with the changing global context, then the State Department and USAID will be under-skilled. We badly need to follow the example of our military colleagues who are constantly involved in professional training throughout their careers.
The lack of resources within the State Department and USAID may be one of the biggest obstacles to diplomacy today, but it is hard not to conclude that it is also indicative of a current climate in which diplomacy and development are simply less important than the military when it comes to foreign policy. This was a perspective appropriate to the nineteenth century. It no longer is.
Now that I've spent all this time outlining the problems, I don't want to leave you without any possible solution. First and foremost, we need to develop a new consensus on what the role of diplomats should be. We also need a new consensus on the role of USAID. AFSA has been doing yeoman service in keeping both issues on the table.
For example, if we need to have Provincial Reconstruction Teams (PRT's) and other fixtures of "transformative diplomacy," how should they be staffed, and by whom? To achieve a new consensus on what diplomats and development professionals do, there must be a conversation in which nothing is off the table. More talk, you might say. Yes. That is the only way to explore the issues and reach an agreement on a way forward. And yes, it will take time.
Based on my experience, I hope the discussion would include the following issues
- First, whether diplomats should be involved in post-conflict reconstruction or whether we need to create an entirely new service to do this? Or should we significantly strengthen USAID so it can assume this burden?
- Second, should the consular function be a separate service?
- Third, should recruitment, training, and promotion systems within the Foreign Service differ according to function?
- And, fourth, there should probably also be a re-examination of the current primacy of administrative and interpersonal skills over language and area expertise in the Foreign Service. That conversation should include ambassadorial appointments.
I have no illusions that such a conversation would be conclusive—or quick. So it is important to have some short-term goals as well, such as:
- The State Department and USAID must do a better job of building trust with Congress and improving their own relationship with each other. This will require leadership from the top.
- We must implement better personnel and training policies. Here, we largely know what to do. It is a matter of implementing and paying for broadly accepted recommendations.
- And, most importantly, we must expand the diplomatic function. We need more Foreign Service officers. That is also going to require money. The administration will need to make recruitment and examination a high priority to secure the necessary funding. It is not impossible. Secretary Powell did so during President Bush's first administration, and Secretary Clinton also had some success.
These would be important first steps toward a better balance in Africa and elsewhere around the world between the diplomatic and military functions. This is a major opportunity and challenge for American diplomacy, and not just in Africa.
Let me conclude by returning to the questions I posed more than half an hour ago.
First, it is hard to avoid the conclusion that American policy toward Africa is militarizing and is increasingly driven by counter-terrorism.
Second, I submit that the fundamental changes underway in Africa are ambiguous, amorphous, and best understand and responded to by diplomats and development professionals.
Third, our diplomatic assets are anemic. That willy-nilly means that taskings and resources flow to DOD and the military – because they do have the necessary resources.
Finally, we need a new consensus on what the role of diplomats and development professionals should be. And significant structural changes in the Foreign Service are probably necessary, involving recruitment, training and even promotion precepts. And, there needs to be a rethink about the role of political appointee ambassadors.
Thank you.
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The AGM Connection
A Publication of the Amiga Groups of the MCCC
Fort Worth
March 1999
Changes at Amiga
Dallas them show off their talents.”
A new president and fast-track plans
SAN DIEGO, Calif. – February 26, 1999 In a series of meetings in San Diego, representatives of Amiga Inc. and Amiga International met to hammer out the details of technical, strategic and marketing plans which will see the launch of a range of new Amiga-based computers for the next millennium. The company has relocated its headquarters to San Diego and Jim Collas will be serving as the new president of Amiga.
"Amiga is an amazing opportunity that we must act on now or it will be lost forever," said Collas. "The Amiga™ platform is ideal for Internet-ready, consumeroriented digital appliances of the future. The Amiga name is associated the world over with user-friendly, low cost, powerful computing. We will take this philosophy into the next generation, enabling products from hand held Internet appliances to high-end graphics computers that help the user rather than frustrate them."
Collas, formerly a senior vice president for Amiga's parent company, Gateway, will be running Amiga as a wholly independent subsidiary operation and will integrate Amiga Inc. and Amiga International under the new Amiga corporate structure. His leadership will allow the company to step up a fast-track development program that is currently underway.
Amiga is planning to launch next generation products worldwide before the New Year. They will be announcing detailed product plans and introducing several of their strategic partners over the summer. Products currently targeted for the initial launch are a development system, an Internet appliance, and a low cost home computer in the tradition of the Amiga A500 that dominated home computing in the late eighties and early nineties. The developer's system will be available with a software development suite for low cost development on the new platform.
Jeff Schindler, in charge of product strategy for Amiga, is planning the new Amiga product line. "The Amiga community has been doing incredible things on a platform which hasn't had an official update in eight years," said Schindler. "They deserve a system which lets
Amiga's administrative center in San Diego will shortly be complemented by a software development center under the leadership of Dr. Allan Havemose, vice president of Engineering for Amiga, in San Jose, California. The Silicon Valley team will be rapidly expanded over the coming months to develop revolutionary Amiga multimedia layers over the real-time Neutrino OS core from QNX Software Systems Ltd.
Petro Tyschtschenko will continue on as managing director of Amiga International and will also play a critical role in guiding the current Amiga community through the transition to the new Amiga architecture. "The new Amiga plans are a rebirth for Amiga and an exciting journey into the future," said Tyschtschenko.
For further information on Amiga and Amiga products, please refer to www.amiga.com and www.amiga.de.
Media Contact: Bill McEwen, (425) 413-2620
[email protected]
Amiga OS 3.5 Orders A message from Mark Stodola
As everyone knows, the release of the new 3.5 Operating System (OS) is eminent. A few months ago, the Board of Directors of the MCCC decided to see if there was enough interest from club members to make a group purchase of OS 3.5. The reason being is to be among the first to receive it, and to possibly get a discount. I have received orders for 10 copies so far.
It appears that it will be released during the Gateway Amiga '99 Show in St. Louis. Johnny Kitchens and I will be attending the show. If it is available at the show, we will purchase OS 3.5 for club members. We cannot promise a discount, but the more orders we have, the better our chances will be.
If you have an interest in placing an order for OS 3.5 let me know as soon as possible. The Gateway Amiga '99 Show starts Friday, March 12. If OS 3.5 is not availOS 3.5 (continued)
able at the Gateway show, the club will make a group purchase later. OS 3.5 will be on CD-ROM only and will need 3.1 ROMs. The price is estimated to be $49 – $79. I will need the following information for your order:
Name:
Number of copies:
Contact (email, BBS, or phone number):
If you have any questions leave mail on the BBS, call me at metro (972) 299-6824 or leave me email at [email protected].
The AGM Connection
MCCC P.O. Box 813 Bedford, Texas 76095
Please Forward Address Correction Requested
March Calendar
Mar 9 —
Amiga By-The-Loop Chapter 7:30 pm — Bell Helicopter Training Facility Trinity at Norwood, Hurst
Mar 9 — MCCC Board of Director's Meeting Approx. 10:00 pm — TGI Friday's Loop 820 & Bedford Euless Road
Mar18 — Amiga North Dallas Chapter 7:30 pm — SMU Building Collins Blvd. & International Pkwy, Richardson
Mar 27 — Newsletter Deadline — 7:00 am
The Net Connection
The recent developments at Amiga are enough to get any Amiga fan smiling. But it seems that, other than that good news, there isn't a lot of news out there. This month's entries seem a little light in comparison to other recent months.
In addition to the articles printed here, this month's web site will feature information on the upcoming upgrade to the venerable Amiga archiver, LhA. And, of course, I'll have my software (and picture) choices for the month as well. Downloads of my monthly favorites are available at the web site throughout the month.
…Bill Raecke http://www.startext.com/np/agm/
Membership Watch
Expired February, 1999
Ken Doll
Mary Kelly Sean Wilson
Rick Schulz
Michael Turner
Expiring March, 1999
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IUCN/SSC Primate Specialist Group APES Database Data Deposit Form
I. Introduction
The Apes, Populations, and Environments (APES) database of the IUCN/SSC Primate Specialist Group (PSG) aims to provide an accurate and objective global picture on the distribution and status of great apes, and thus inform long-term management and conservation strategies for these taxa.
The data and associated information you provide will be processed and entered into the APES database. Under the guidance of the Data Review Working Group, data compilations or extracts from the database will be used to produce annual APES Status Report with the objective of using all available survey data to depict the most precise and accurate portrait of ape status worldwide. Requests from any third party for digital data extracts will be received and reviewed by the Data Review Working Group (DRWG). The terms of each agreement will be handled individually and your data will not be released without approval. Please refer to the "Data Access and Release Policy" for more details.
II. Terms of Data Deposit
This Data Deposit Form provides contact information for the Data Provider, essential information about the dataset, alerts the DRWG of any restrictions associated with the data, and serves as written consent for these data to be used in production of the APES Status Reports.
a. The Data Provider is any individual or organization who has provided source data to the APES database. The data provider maintains ownership of all source data and serves as the point-person for permission regarding data usage and collaborations. It is the responsibility of the Data Provider to obtain all necessary permissions (co-investigators, collaborators, etc.) to submit these data and serve as the contact person for the APES Database's DRWG.
b. Completion of all inquiries in the Data Deposit Form with regard to your submitted dataset ensures that the data will be thoroughly and accurately represented in the APES Database.
c. This form will also indicate whether there are any immediate restrictions that you wish to place on your data.
d. Finally, the Data Deposit Form grants permission for the DRWG of the APES Database to archive, compile for status reports, review, and distribute these data according to the agreed terms of data deposit. Archival of your data will involve storage and back-up of all submitted data and supporting information. Compilation will involve indexing and formatting data files so that they are comparable with the APES database. The DRWG will also review your data for consistency, missing data, and other issues which could affect compilation or future analyses.
III. Data Deposit Form
Please complete the following form for each dataset submitted. Respond to the following inquiries as completely and accurately as possible. Inquiries with asterisks are required fields for data deposit. If you require clarifications of any inquiries, please contact the DRWG of the APES Database at [email protected]
Section 1. Contact Information for the Data Provider
1.1
Last Name
1.2 First Name
1.3 Institutional Affiliation
1.4 Mailing address
1.5 Postal Code, City, Country
1.6 Telephone
1.7
Email
Section 2. Partners and Collaborators involved in Surveys
2.1 First Principal Investigator
2.2 Other Investigators
2.2 Affiliation of First Principal Investigator
2.3 Sponsors/Funding Agencies for Surveys
Section 3. Survey Information
3.1 Descriptive Title of Survey
3.2 General Aim or Purpose of Survey
3.3 Ape Taxa Surveyed
1.
2.
3.4 Site, Country
3.5 Type of Survey – Nest count, etc
3.6 Method – Line transect, Recce, etc
3.7 Start Date of Survey (Month/Year)
3.8 End Date of Survey (Month/Year)
Section 4. Restrictions
4.5 Do you agree that fields in this Form can be used in description of dataset either in printed or online APES reports?
Yes / No
(cross the answer)
4.6 Do you agree that the DRWG* of the APES Database can receive and review third- party requests for these data?
Yes / No
(cross the answer)
4.7 Do you agree that DRWG* may release data to any third party without further permission or approval from you? Yes with Conditions (please specify conditions, see below a. and b.) / No (cross the answer)
a. If Yes with Conditions, please describe the conditions of data release by DRWG*
1. The author/s must be firstly informed and then will give or not the permission of data use to a third party interested in a conservation project
2. If the data is used in any scientific output (e.g. paper, reports and publications) the author/s should be added as co-author
3. Any publication with the owner as co-author, will mention in the acknowledgements their project funding and sponsor.
4. Source data must be cited as:
b. Please describe any additional restrictions
Section 5. Data Deposit Agreement
By completing, signing, and submitting this Data Deposit Form to the DRWG of the APES Database. You give assurance of the following:
- I have implicit or explicit ownership of these data and have the right to make it available to the APES Database.
- I agree to serve as the contact person for these data and will update my contact information when necessary within the APES Database.
- I attest to the best of my knowledge that all submitted data are complete and accurate. In addition, I have stated any limitations or concerns with regard to these data.
- I give permission for the submitted digital data to be archived, compiled, reviewed, and distributed according to the agreed terms by the DRWG of the APES Database.
5.1 Name of Data Provider
5.2 Signature of Data Provider
5.3 Date Data Deposit Form Signed
5.4 Name of A.P.E.S. database coordinator
5.5 Signature of A.P.E.S. database coordinator
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Opportunities and challenges for SMEs
Authored by Global Futures and Foresight
Contents
Introduction
This study looks at why people start their own business, what challenges they see in their marketplace, how they see the small and medium sized (SME) business sector developing, how they attract and retain talent and leaders, how they plan to address cultural and marketing issues and finally the plans business owners have to 'exit' their organizations. We asked our business panel to think about all of these issues on a five year timeframe. Our intent is to provide business leaders with a perspective on the future of SMEs that will help guide them on their journeys to the end of the first decade of the 21st century. Shirlaws, a global business coaching firm, commissioned Global Futures and Foresight, a strategic futures think tank, to undertake this study.
A great deal is changing across the world which attracts our attention and demands a response from us. Issues shaping business around the globe include Globalization, the rise of fast growth economies such as China, India, Brazil and Mexico, our impact on the environment, falling birth rates in many societies, shifting political power, and increasing global regulation and the inexorable rise of technological innovation.
The contributors
The survey draws on the opinions of 357 respondents from 39 countries, the largest groups coming from the United States, United Kingdom and Australasia. 71% of whom are senior executives who are business owners, partners, chairmen, chief executives or managing directors. 72% currently operate in Small and Medium sized Enterprises (SMEs). They operate in many market sectors including the public sector, commercial and manufacturing and the service sectors of financial, legal and accounting services. The survey respondents cover a wide age range – 38% of respondents are from Generation-x, aged between 25 and 41, 52% are Baby-boomers, aged 42 to 60 and 10% are Silver-surfers aged over 60.
Executive
Summary
Executive Summary
"Micro, small and medium-sized enterprises (SMEs) are the engine of the European economy. They are an essential source of jobs, create entrepreneurial spirit and innovation in the EU and are thus crucial for fostering competitiveness and employment."
Günter Verheugen, Member of the European Commission, Responsible for Enterprise and Industry
Engines of Enterprise
This global survey looks at SMEs in 39 countries. The SME sector is vital to our world economy and the role of SME businesses is viewed as that of a powerhouse of employment, innovation and entrepreneurial spirit.
The majority of business owners, who participated in the survey, said that they were motivated to start their own businesses by the desire to control their own destiny, to pursue an idea, to take advantage of an opportunity in the marketplace and to gain the financial rewards that entrepreneurship can bring. What most excites them about running their businesses today are the opportunities which present themselves every day. Recruiting and retaining talent was high on the agenda and many were frustrated by the limited resources at their disposal to capitalize on market opportunities.
33% of all the business owners said that they hoped to leave their businesses within five years and 80% of them have a plan to achieve this. 52% of our respondents were aged between 42 and 60 (The Baby-boomer generation), and of these over a quarter expect to have left the businesses they started within the next five years.
With this in mind, it is not surprising that they see recruiting talent and leaders as the most critical issue they will face in the coming five years. When asked what the critical factors were in employee recruitment and retention, they said that having a clear culture and values was the most important factor. This was followed by training and development opportunities and finally providing career enhancement opportunities. 56% said that financial rewards would remain important factors in recruiting the best talent over the next five years.
Executive
Summary
"All bets are off. I want people who can learn on the job, commit to the culture and be comfortable with uncertainty"
* 62% of the respondents chose recruiting and retaining talent as one of their biggest business challenges.
* 79% of respondents said that they were looking for good communications skills in new leaders.
per annum. This drops to 22% of firms with more than 1,000 employees.
* 64% said that having a clear culture and values is the most important factor in helping to recruit and retain talent.
* 60% chose training and development as having a strong influence on their being successful in the labour market.
We asked what characteristics they were looking for in their staff and leaders. Amongst their staff they are seeking people who are intelligent, honest and hard working. In future leaders they are looking for people with good communications skills, who are visionary, have strategic skills and are good motivators. The women business leaders were more inclined to look for people who were hard working and honest, but then prioritized being a good communicator (45%), flexibility (43%) and creativity (37%) above being intelligent. They even prioritized being a problem solver (33%) and having educational qualifications (33%) above intelligence (31%).
* 42% chose intelligent, honest and hardworking as the three top characteristics they seek in new staff.
* 71% said they were looking for visionary and strategic skills in new leaders.
* 67% highlighted the importance of motivational skills for new leaders.
There is a sense of optimism amongst the SME sector.
The future of their Businesses and Markets
Many believe they will be experiencing growth above 10% per annum for the next five years. They also believe they provide their markets and larger companies around them with the innovation and agility to respond to changing market conditions and customer demands.
* 71% of SMEs believe that they will be a key source of innovation for larger players.
* 64% of small companies, with 20 or less employees, believe they will grow at more than 10% per annum.
* 42% of medium sized companies, with between 21 and 250 employees, believe they will sustain 10% growth
* 65% of Asian SMEs believe they will grow at 10% per annum or above for the next five years against 40% of SMEs from North America and only 35% from Europe.
The SMEs are also convinced they will be the natural home of talented individuals in the future. Nearly half of the respondents predict a significant growth in the SME sector as more people seek to become their own boss.
* 56% believe that the SME is the natural home for talented individuals.
* 49% said that the SME sector would grow as more people will seek to become their own boss over the next five years.
They are aware that larger firms will remain acquirers of smaller, more innovative, agile SMEs and that foreign players may increasingly look to acquire them.
* 52% of SMEs say that over the next five years larger firms will acquire smaller players.
* 35% of SMEs believe that foreign firms will acquire local players.
Executive
Summary
"Only the dynamic and continually evolving (reinventing) shall prevail."
They see the SME sector as being best positioned to provide personalized customer service. They don't believe that they are 'owed a living' from their customers. Only 21% of respondents believed that customers would choose to support smaller local players for the sake of it.
* 58% say that customers will increasingly look to them for personal service.
We asked the panel what developments they might expect in their markets over the next five years. Their responses were heavily weighted towards anticipating and responding to the changing demands of customers. They believe that their customers will continue to demand increasing added value from suppliers' propositions over the coming five years. At the same time these customers expectation of the service they receive is also expected to increase. Whilst these pressures are being brought to bear, they fully expect to have to continue to decrease the costs of their product and service offerings. Finding new customers was seen as nearly twice as important to our respondents as retaining them.
* 61% said that increasing added value expectations of customers will continue to impact them in their market.
* 58% of respondents said that increasing service
expectations of customers would be something they would need to live with over the next five years.
* 49% said that increasing cost pressure from customers will continue for at least the next five years.
* 40% said finding new customers was a key business challenge over the next half decade.
* 24% identified retaining customers as a critical business challenge for the next five years.
The SMEs see the priorities slightly differently to the overall respondent group. They see targeting customers as the top issue (62%) and making effective use of the internet remains second (58%) but then they prioritize exploiting word of mouth marketing as the next most important priority for them over the next five years. The senior managers (business owners, partners, chairmen, chief executives and managing directors) amongst the respondents, prioritized word of mouth marketing even higher than the SME respondents.
Marketing and Customer Service
We asked the panel to discuss their marketing activities. Some comments indicate that the SMEs don't believe they have enough time and in some cases money, to spend on adequately marketing their organizations.
This was mentioned as a cause of some frustration by many SME business leaders. Overall, the respondents believe the critical marketing challenges for them are to improve the target marketing of key customers, make more effective use of the internet and to improve their level of customer insight. Having good customer insight becomes increasingly important because they believe they are going to be required to add increasing value to their customers in the future.
As culture and values had such a strong impact on recruitment and retention of talent, which is seen as the top issue for the SMEs over the coming years, it's important to understand what values they believe are the most important to have associated with their products and services. They chose 'trusted', 'high added value' and 'innovative' as the characteristics they would most like to have associated with their products and services.
* 64% of the overall panel chose 'improving the targeting of key customers' as their top marketing challenge.
* 52% of SMEs chose exploiting word of mouth marketing as one of their top marketing issues for the next five years.
Executive
Summary
* 60% of senior managers chose word of mouth marketing as their second most important marketing issue over the next five years.
* 56% of respondents want the market to perceive their brands as trusted.
* 40% want their brands to be considered as bringing high added value.
* 37% want their brands to be seen as innovative.
Service was considered important. Respondents think they will be required to increase service levels to their customers whilst reducing the costs of running their organizations. The top issue for the panel was to identify and sustain best practice in delivering service in their market sector. Following this was the issue of managing the cost of service delivery and then the issue of when to implement the correct Information technology. 23% of Senior Managers in the panel believe that breaking relationships with customers you cannot serve profitably is a key issue for their service strategy over the next five years.
* 64% of the panel said that identifying and sustaining best practice in service delivery was a key service issue for them over the next five years.
Culture
The business owners believe their culture is one of their key competitive weapons in being able to attract and retain the best talent. So we asked them what they thought the top cultural challenges would be for them in the next five years. The biggest challenge for the SMEs is to maintain their culture as the business grows. It was also clear that SME leaders see their role as being the cultural champion, providing clear leadership on the business values. They also believe it is important to recruit new talent that reflects the values of the business.
* 56% of respondents believe that maintaining the culture as the business grows is a critical challenge for them.
* 56% also believe that they should provide clear leadership on the firms' values.
* 54% say that recruiting staff who reflect the desired values is important to maintaining the culture as the business grows.
Environment
The world has passed the point where it is debating whether global warming exists and what its causes are. We have switched rapidly to looking for solutions and remedies for the dire consequences we are visiting upon our planet through our activities. According to the United Nations, Intergovernmental Panel on Climate Change (IPCC) latest report it is now, 'very likely' that humans are the cause of global warming, in their language, that's an over 90% chance.
We asked the panel to tell us what they considered to be the five greatest challenges facing their businesses in the next five years. Out of the 18 choices they were presented with, they chose 'reducing environmental impact' last. Only 6.6% of all respondents chose this as one of their top five issues at all. More than twice the number of Generation-x respondents chose this issue over the older Baby-boomers. This picture becomes even more extreme when we look at the responses from the senior management respondents in our panel. Less than 3% of the owners, partners, chairmen, chief executives and managing director respondents amongst the panel chose 'reducing environmental impact' as an key issue for them to address over the next five years. Given that there were five options for each respondent this is a remarkably low figure.
Executive
Summary
" Larger players will lose out on the added value opportunity and become homogeneous suppliers to those who are closer to the customer."
* 2.8% of senior managers and business owners believe that 'reducing environmental impact' is one of their top five issues for their business to address in the next five years.
* 6.6% of the overall panel selected 'reducing environmental impact' as one of their top five issues their business would face in the next five years.
* 9% of Generation-x and 4% of Baby-boomers selected this issue as one of their top five issues their business would face in the next five years.
Only 10% of our panel thought that 'having a clear environmental stance' would help them recruit and retain talent. The younger cohort are slightly more convinced, at 13% but only 8% the Baby-Boomer cohort, aged over 42 today, chose this as a top five recruitment issue. They may have considerably underestimated this factor in recruitment. As potential employees become increasingly aware that each one of us needs to contribute to the solution they will want to work for organizations that also understand that.
* 10% only, thought having a 'clear environmental stance' would help them in recruiting and retaining talent in the next five years.
This rises to 13.4% of Generation-x, aged 25-41 today, and falls to only 8% of Baby-boomers, aged 42-60.
Major corporations throughout the world are making headlines by announcing dramatic environment policies which are aimed at delivering considerable reductions in their carbon emissions, wastage and to increasing their recycling and reuse of materials. These corporations have large chains of suppliers. It would be unthinkable that these organizations won't in some way or another oblige their suppliers, large and small, to make their own contributions to these environmental goals. Whether SMEs feel they can cope or not, having a clear environmental stance and reducing their environmental impact are going to become very major issues for them to face, now and into the foreseeable future.
Executive
Summary
Conclusions
With so many business owners planning to leave their businesses in the coming five years, it is plain to see why they see the recruitment of talented staff and leaders as being so critical to their organizations' ongoing success. They are convinced that their agility, innovation, culture and ability to deliver a personalized service are important to their success in their markets and that these attributes will attract staff and customers alike. They understand that they will face continued, if not increasing, cost pressure from their customers and that they will need to provide increasing value and service to them to succeed. Finally they are well aware that larger players and foreign players see them as takeover targets.
This is a vibrant sector of the business community which is brimming over with enthusiasm and expectation. It is one that can benefit from investors who will take a longer-term view of investments and one on which larger firms may continue to rely for new products, services and business models over the coming five years.
For the sector itself, it is self critical of the time it gives for planning the future of their businesses. The ability to take time out to plan the course of the business is seen as one of the biggest challenges for business leaders. Identifying what can be delegated, or even stopped altogether, is clearly an important task for the leaders in this segment if they are to have time to develop robust business strategies for the next five years. If SMEs are to cope with major issues like global warming, labour shortages and economic and political powers shifting eastwards, looking ahead is not optional if they hope to remain in business in five years' time.
David A. Smith
Chief Executive
Global Futures and Foresight
10
About the Author
David Smith is the chief executive of Global Futures and Foresight (GFF). In his 30 year business career he has held senior management positions in large and small organizations. He has been involved in public sector, commercial and financial markets and has held sales, marketing and general management positions in companies such as the UK based DRG group and The US Unisys corporation. Whilst at Unisys he held the position of Strategic Marketing Director for their $2bn global financial services business. He has advised the UK and EU governments on strategic research investment decisions. Since co-founding he has worked with many organisations such as The Henley Management Centre, Reckitt Benckiser, Bausch & Lomb, SAS airlines, Siemens, O2, Shirlaws, Reed Exhibitions, Royal Mail, KRAFT, LTSB, RBS, Royal&SunAlliance, More Th>n and many other banks, insurance companies and industry associations such as the VMA, PIRA and the Association of Exhibition Organisers (AEO).
He is a regular international conference speaker and writer and a passionate believer that we are not victims of what the future might hold if we prepare ourselves in advance. He has spoken on UK BBC, German and South African radio and appeared on the UK ITN News channel discussing topical futures issues. His experience has shown him the powerful impact that glimpses of the future afford business and government alike as they seek to achieve their strategic goals.
Global Futures and Foresight
The aim of GFF is to harness the views of global experts to provide foresight to organizations so that they can be more successful and less exposed to risk by better understanding the opportunities and threats the future has in store for them. It does this primarily through presentations, workshops and by developing researched reports of the future. GFF is a global network of business, academic and future thinkers from across the world committed to helping business and government better prepare for the future. It does this through collabourative projects and through undertaking its own research, gathering thought leaders' views of the future and forming composite ideas of what our future could look like.
Contact
David Smith [email protected] www.thegff.com
Tel +44 (0) 1372 210941 +44 (0) 7932 408901
© Global Futures and Foresight Ltd, 2007
About Shirlaws
Shirlaws started operations in July 1999, with the goal of establishing business coaching as an industry, primarily servicing the small- to mid-size business market.
Our founder, Darren Shirlaw, started with a handful of clients in Australia and over the past seven years Shirlaws has grown to become an organisation of more than 100 people in the UK, Australia, New Zealand and the USA, servicing over 300 business clients and operating nationally across each of the territories in which we are present.
What we do
Shirlaws helps businesses to grow - from sole operators to large corporate enterprises. We work with businesses in three areas - revenue, productivity and strategy and we focus not only the commercial aspects of doing business, but on the cultural factors that affect human interaction as well. Irrespective of the product or service a business provides, business issues are all fundamentally the same. This means that we can work with any business, of any size, in any sector.
All of our coaching materials and frameworks are Shirlaws' own and we have a full time product team dedicated to developing and refining the product and providing coach support.
Contact
Andrea Dean [email protected] www.shirlaws.biz
Tel. +44 (0) 20 8912 0237 +44 (0) 7887 726 894
Fax. +44 (0) 20 8912 0231
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Restoration workers Mike Jeffery (left) and David Randt use soil and plywood to dam one of the drainage ditches in Burns Bog. Courtesy Corporation of Delta
Surrey North Delta Leader
Human beavers bring bog back to life
By Christine Lyon - Surrey North Delta Leader
Published: August 19, 2008 10:00 AM
Updated: August 22, 2008 1:58 PM
Mike Jeffery and David Randt meet at Delta Municipal Hall every morning at 7:15 a.m. They toss their orange coveralls, wading boots, shovels and plywood into a pickup truck and head to Burns Bog.
Jeffery and Randt spend their days damming the drainage ditches that carry water away from the bog. They dig a notch on either side of the ditch embankment, then slot in 4x8 pieces of plywood. The men salvage sticks and branches which they use as stakes to secure the dam. Finally, they fill the layers of plywood with soil for added strength.
Since they started May 12, Jeffery and Randt have built seven new dams and upgraded 10 old ones in the raised peat bog, which occupies a quarter of Delta. Small dams take a day to construct, while larger structures can take up to a week.
Ditch-blocking has been going on since 2001 in an effort to restore the bog to its natural state. Steel barriers and wooden dams from previous years are still in tact.
http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Surrey+Leader+-+Your+B... 28/08/2008
Until the '80s, drainage ditches were dug throughout the bog to facilitate large-scale peat mining and cranberry farming. The ditches drained nearly 40 per cent of the original bog – a danger since precipitation is the dome-shaped area's only source of water.
Burns Bog is about half the size it once was because of agricultural and industrial land use. In 2004, the province, Metro Vancouver and the Corporation of Delta purchased 5,000 acres of the bog and created a plan to protect its unique ecosystem and the rare plants and animals living there.
Jeffery and Randt are two of the few people permitted on the bog. They lug their equipment to the dam sites on foot, since there are no roads and driving is a fire hazard.
Jeffery, 25, is studying forestry at BCIT and loves being able to work outside. Randt is studying geological engineering at UBC. The 19-year-old Delta resident is happy to lend an environmental hand in his own community. This is the second year Delta has employed summer students to restore the bog.
The pair runs into deer, owls, herons, hawks and eagles on a daily basis. They were pleased to discover the resident beavers are quick to patch up their faulty dams.
Project manager Sarah Howie explains beavers are attracted to the sound of running water.
"If one of the dams is leaking and water is going around or bypassing it, they'll hear that and they'll start adding onto the bypass until it stops flowing," she says.
Howie is an urban environmental designer for the Corporation of Delta and has been overseeing the hydrology aspect of the restoration project for almost four years.
"It's an engineering feat, what we're doing," she says, explaining the dams must be strategically placed and strongly built to hold back the water pressure. Water levels can rise two feet in winter.
Keeping water in the bog is the most important part of the restoration process because without water, a bog becomes a forest.
Peat, also known as sphagnum moss, is integral to maintaining the bog ecosystem since it releases acid and absorbs water. But peat regenerates very slowly compared to the rate it was harvested for horticulture in the 20th century.
Howie measures water and ground levels year round to determine whether or not the ditch-blocking efforts are worthwhile.
Data over the last three years has shown sphagnum moss is indeed expanding. That means the bog is starting to recover, thanks to a hard-working restoration crew and a few eager beavers.
Links referenced within this article
Find this article at:
http://www.bclocalnews.com/surrey_area/surreyleader/news/Human_beavers_bring_bog_back_to_life.html http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Surrey+Leader+-+Your+B...
28/08/2008
Uncheck the box to remove the list of links referenced in the article.
© Copyright Black Press. All rights reserved.
http://www.printthis.clickability.com/pt/cpt?action=cpt&title=Surrey+Leader+-+Your+B... 28/08/2008
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Crea&ng a Visitor Pass for your E-Por4olio
Wes$ield State University
Crea2ng the Visitor Pass
1. Go to "Dashboard" tab then click the "Tools" tab, then "Visitor Passes"
2. Click the "+ New" buHon
3. Type the name of the person to receive the por$olio in the "Title" window (e.g. Jane Doe)
5. Go to the "LiveText Docs" tab and open your por$olio, then click the "Share this document" buHon.
6. Type in the "Search Viewer" window, the name of the person you are sending the por$olio to. Click on the name when it appears.
7. Click the "+ Add to Share" buHon.
8. Go back to "Tools" tab and click "Visitor Passes"
9. Finally, copy and paste the visitor pass code and email it to the recipient of the e-Por$olio, with the following message:
Please click on the "Visitor Pass" buHon on the LiveText website: livetext.com; copy and paste this code in the textbox that appears, then click the "Visitor Pass Entry" buHon. You will then be able to view my por$olio. Thank You.
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PRESS RELEASE
Th e composition of feedstock biomass and the selection of fermenting microorganisms are critical factors in biorefi nery design. Once biomass feedstock is identifi ed, depending on local conditions, biorefi nery designers need to select optimal fermenting organisms. Using organism communities has theoretical advantages but also leads to problems in the context of species competition, process design and modelling, in turn resulting in insuffi cient process control. Th is study presents the optimization control that is possible when using a serial fermentation approach. Using one organism aft er the other — in serial fermentation, rather than in a community confi guration allows maximal process control, while benefi ting from organism diversity to maximize feedstock conversion rates. Th is study introduces a freely available web-based application, BioLEGO, which provides access to computer-assisted single and two-step multiorganism fermentation process design. BioLEGO also supports the evaluation of possible biomass-to-product yields for biomass mixes or general media and recommends media changes to increase the process effi cacy. BioLEGO is accessible via a simple and intuitive user interface.
Two single computer-model modules are used by BioLEGO to characterize a two-step/two-organism fermentation process. Any two building blocks can be used, assuming they are represented in compatible model formats. Th e application will support more organisms over time and will also allow the exploration of genetic changes.
BioLEGO web-based application is a living on-going project developed in Computer Science Department of Technion — Israel Institute of Technology. Authors with senior contributions for this manuscript are Dr. Zohar Yakhini representing both Computer Science Department of Technion — Israel Institute of Technology and Agilent Laboratories, and Dr. Alexander Golberg from Porter School of Environmental Studies in Tel Aviv University, Israel.
Corresponding author for this study in TECHNOLOGY is Mr. Edward Vitkin, [email protected]
About TECHNOLOGY
Fashioned as a high-impact, high-visibility, top-echelon publication, this new ground-breaking journal — TECHNOLOGY — will feature the development of cutting-edge new technologies in a broad array of emerging fi elds of science and engineering. Th e content will have an applied science and technological slant with a focus on both innovation and application to daily lives. It will cover diverse disciplines such as health and life science, energy and environment, advanced materials, technology-based manufacturing, information science and technology, and marine and transportations technologies.
About World Scientifi c Publishing Co.
World Scientifi c Publishing is a leading independent publisher of books and journals for the scholarly, research and professional communities. Th e company publishes about 500 books annually and more than 120 journals in various fi elds. World Scientifi c collaborates with prestigious organisations like the Nobel Foundation, US National Academies Press, as well as its subsidiary, the Imperial College Press, amongst others, to bring high quality academic and professional content to researchers and academics worldwide. To fi nd out more about World Scientifi c, please visit www.worldscientifi c.com.
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The Opinion of the Independent Financial Advisor
Regarding
The Acquisition of Licenses for Radio Frequency Usage in Providing Commercial Digital Television Services at National Level
Presented to
Shareholders of MCOT Public Company Limited
Prepared by
Krungsri Securities Public Company Limited
25 February 2014
Table of Contents
Executive Summary ................................................................................................................................................................ 1
This English translation has been prepared solely for the convenience of foreign shareholders of MCOT Public Company Limited and should not be relied upon as the definitive and official opinions of the Independent Financial Advisor regarding the transaction. The Thai language version of the opinions of the Independent Financial Advisor is the definitive and official document and shall prevail in all respects in the event of any inconsistency with this English translation.
Executive Summary
The National Broadcasting and Telecommunications Commission (the "NBTC") is responsible for the transition of a current analog broadcasting into a digital broadcasting as prescribed by the Radio Frequency and Broadcasting Services Master Plan No.1 (B.E. 2555-2559) (the "Master Plan"). The Master Plan also stated that the auction for the radiofrequency licenses and the clear criteria for digital network and facility services must be achieved within 2013. Also, according to the Digital Broadcasting Transition Plan, it is stated that the transition into digital TV shall commence within 1 year and the digital broadcasting shall be commencing within 4 years after the Master Plan was put in effect. The transition plan also specified that it shall consider starting canceling analog broadcasting in 2015 (where the analog broadcasting is expected to completely cease within 2018). To top up its current business and to maintain its market share, MCOT Public Company Limited (the "Company" or "MCOT") has its policy to participate in the radiofrequency auction. The Board of Directors' meeting No. 12/2013, dated 24 September 2013 has resolved to approve MCOT to participate in the Auction for the License to Use Ratio Frequency for Business Purposes in the National Level (the "Digital TV License").
On 26 – 27 December 2013, MCOT participated in the Digital TV License auction. Eventually, MCOT was awarded 2 Licenses for 2 digital TV channels for a total value of THB 4,000 million (excluding VAT) divided into (1) SD Kids and Families Channel for THB 660 million and (2) HD Variety Channel for THB 3,340 million. In addition, MCOT has a plan to invest in new assets and investment to improve existing operating assets so that they can effectively be used to provide digital TV services for a total amount of THB 950 million. Consequently, a total consideration that MCOT has to pay out for its digital TV business shall be THB 4,950 million.
The Transaction has its volume of 58.49 percent of total assets. (Total value of consideration for the Digital TV Licenses of THB 4,950 million and value of investment in digital TV broadcasting network of THB 1,606 million which is the transaction occurring within the past 6 months prior to the transaction date compare to MOCT's total assets as stated in the consolidated financial statements ending 31 September 2013 of THB 11,208.38 million. Shareholders can study details of the calculation in Section 2.4 "Type and Volume of the Transaction."). Therefore, the transaction is classified as Class 1 Transaction as prescribed in the Notification of the Capital Market Supervisory Board (the "CMSB") No. ThorChor. 20/2551 Re: Rules on Entering into Material Transactions Deemed as Acquisition or Disposal of Assets and the Notification of the Stock Exchange of Thailand (the "SET") Re: Disclosure of Information and Other Acts of Listed Companies Concerning the Acquisition or Disposition of Assets B.E. 2547 (the "Notification on Assets Acquisition or Disposition") or the transaction with its volume equals to or exceeds 50 percent but less that 100 percent where MCOT is required to disclose information memorandum concerning the transaction to the SET. Also, MCOT has
to seek the shareholders' approval before entering into the transaction with three fourths of the total votes of the shareholders attending the meeting and having the right to vote, excluding the shareholders having a conflict of interest. Moreover, MCOT has to submit invitation to the shareholders' meeting, together with the opinions of the Independent Financial Advisor concerning the transaction, to the shareholders at least 14 days prior to the date of the shareholder's meeting.
However, the acquisition of digital TV licenses is a result of MCOT winning the auction. Disclosure of bidding amount in advance may adversely affect MCOT's competitiveness. Moreover, it is still uncertain that MCOT could win the bidding or not or even MCOT shall win the bid the amount of consideration paid to the NBTC is still unknown. Even when MCOT have received a notification to confirm that it is a bidding winner from the NBTC since 12 January 2014, MCOT has to pay the first installment to the NBTC within 30 days upon the receipt of such notification letter. It is not possible for MCOT to hold a shareholders' meeting prior to the deadline to pay the first installment as prescribed by the NBTC. Consequently, MCOT had to enter into any legal binding acts before receiving an approval from its shareholders. Nonetheless, MCOT shall propose to its shareholders to consider and rectify the transaction in the Annual General Shareholders' Meeting for the year 2014 held on 25 April 2014. Such rectification shall be made in accordance with the Notification on the Assets Acquisition and Disposition, including the appointment of an Independent Financial Advisor to provide independent opinion to the shareholders.
After considering, rationales and objective, advantages, disadvantages, and risk factors for entering into the transaction, Krungsri Securities Public Company Limited (the "Independent Financial Advisor" or "KSS") deems that the acquisition of the license to provide digital TV broadcasting services on DVB-T2 via ITU 700 MHz of 2 licenses for totaling THB 4,000 million (the "Digital TV Licenses"), consisting of (1) HD Variety Channel for the amount of THB 3,340 million and (2) SD Kids and Families Channel for the amount of THB 660 million from the NBTC and the investment in new assets in to improve the existing operating assets according to the 4-year plan for the amount of THB 950 million is REASONABLE because from the feasibility study of the said investment for totaling of THB 4,950 million MCOT shall earn an Internal Rate of Return (IRR) of 19.7 percent per annum which is higher that its WACC of 11.32 percent per annum. Besides, the investment shall also yield additional benefits to MCOT or in other words, having an NPV of THB 1,429 - 2,557 million.
After considering, rationales and objective, advantages, disadvantages, and risk factors for entering into the transaction, Krungsri Securities Public Company Limited (the "Independent Financial Advisor" or "KSS") opines that rationales and objectives, together with terms and conditions for entering into the transaction is APPROPRIATE because entering into the transaction shall allow MCOT to operate its TV business on a going concern basis. Also, the investment is consistent with the Radio Frequency and Broadcasting Services Master Plan No.1 (B.E. 2555-2559) that emphasizes on the transition from analog TV to digital TV and also specifies that it shall consider canceling analog broadcasting in 2018. If MCOT does not participate in the licenses auction this time, it shall not be able to operate its analog TV business or its current Channel 9 which contributes more than 50 percent of its total revenue in the future. Moreover, entering into the transaction can maintain MCOT's competitive advantages. Even though MCOT's market
share is expected to shrink from 18 percent of total media spending budget down to 11.5 percent of the same due to increasing in numbers of players, its new market share is expected to be ranked at the 3 place as it used to be. Besides, terms and condition set forth by the NBTC shall be applied to all bidders.
Therefore, the Independent Financial Advisor recommends MCOT's shareholders resolve to rectify the said acquisition of the Digital TV Licenses.
Shareholders should carefully consider the invitation to the shareholders' meeting and all of its attachments for their determination of the Transaction. However, the decision whether to resolve to rectify the Transaction or not depends solely on the shareholders' own discretion.
1. Background of the Transaction
In the past, radio and TV broadcasting business was very restricted arena, for it consisted of limited broadcasting channels. For the frequency is considered state properties, every single operator must be granted permission to use such limited frequency band by governmental bodies. In 2010, the Act on Organization to Assign Radio Frequency and to Regulate the Broadcasting and Telecommunications Services B.E. 2553 (the "Act to Assign and Regulate Radio Frequency") was established and the establishment of the National Broadcasting and Telecommunications Commission (the "NBTC") was followed suit. The NBTC shall be responsible to supervise and regulate radio and TV broadcasting business to ensure fairness and the utmost benefits for the nation. According to the Act to Assign and Regulate Radio Frequency, it is stated that for all radio frequency held by every governmental body shall be considered public properties and such radio frequency shall be returned to the NBTC within a destined period and the NBTC shall reallocate those radio frequency to licensees requiring to use the frequency by a fair and appropriate method.
Besides, according to the Radio Frequency and Broadcasting Services Master Plan No.1 (B.E. 2555-2559) (the "Master Plan"), the NBTC shall mainly be responsible for the transition of a current analog broadcasting into a digital broadcasting. It is also stated that the auction for the radiofrequency licenses and the clear criteria for digital network and facility services must be achieve within 2013. Also, according to the Digital Broadcasting Transition Plan, it is stated that the transition into digital TV shall commence within 1 year and the digital broadcasting shall be commencing within 4 years after the Master Plan was put in effect. The transition plan also specified that it shall consider starting canceling analog broadcasting in 2015 (where the analog broadcasting is expected to completely cease within 2018).
In order to follow the Master Plan, the NBTC has issued the NBTC's Notification RE. "Rules, Conditions and Procedures for the Auction for the License to Use Ratio Frequency for Business Purposes in the National Level" dated 2 August 2013 (announced in the Royal Thai Government Gazette on 14 August 2013) (the "Auction Notification"), for the NBTC can specify criteria for the selection of the licensees and other criteria and conditions to be applied in the auction. The NBTC had also publicly announced its invitation to the auction since 27 August 2013. The auction was opened for 4 categories, which are:
(1) Kids and Families Programs in Standard Definition ("SD Kids and Families Channel") totaling 3 channels;
(2) News and Informative Programs in Standard Definition ("SD News Channel) totaling 7 channels;
(3) General Programs in Standard Definition ("SD Variety Channel") totaling 7 channels; and
(4) General Programs in High Definition ("HD Variety Channel") totaling 7 channels.
To top up its current business and to maintain its market share, MCOT Public Company Limited (the "Company" or "MCOT") has its policy to participate in the radiofrequency auction. The Board of Directors' meeting No. 12/2013, dated 24 September 2013 has resolved to approve MCOT to participate in the Auction for the License to Use Ratio Frequency for Business Purposes in the National Level (the "Digital TV License") in 3 categories for 3 Digital TV Licenses, which are:
(1) SD Kids and Families Channel;
(2) SD General; and
(3) HD Variety Channel.
On 26 – 27 December 2013, MCOT participated in the Digital TV License auction. Eventually, MCOT was awarded 2 Licenses for 2 digital TV channels for a total value of THB 4,000 million (excluding VAT) divided into:
(1) SD Kids and Families Channel
for
THB 660 million
(2) HD Variety Channel
for
THB3,340million
Total
for
THB 4,000 million
MCOT has already received a letter from the NBTC to confirm the MCOT is a bidding winner since 12 January 2013 and MCOT is obliged to pay first installment at 50 percent of minimum biding amount of each license (totaling of THB 938 million, excluding VAT) and 10 percent of the amount exceeding the minimum bidding amount of each license (totaling of THB 122 million, excluding VAT) for a total amount of THB 1,060 million (excluding VAT) within 30 days from the receiving date of such confirmation letter. MCOT has already paid the first installment to the NBTC since 10 February 2014 where the outstanding fee of THB 2,940 million (excluding VAT) shall be paid in another five installments (totaling 6 installments including the first installment) in 2015 – 2019.
Even though the NBTC has officially announced that MCOT is a bidding winner, the licenses have not yet been granted to MCOT at all. MCOT is required to submit license applications to the NBTC once again according to the NBTC's Notification RE. "Rules and Procedures for the Approval of Providing Broadcasting Services, B.E. 2555," dated 5 October 2012 (announced in the Royal Thai Government Gazette on 16 October 2012) and RE "Rules and Procedures for the Approval of Radio Frequency Usage for Providing Digital Television Services, B.E. 2556," dated 29 January 2013 (announced in the Royal Thai Government Gazette on 26 February 2013) (hereinafter collectively referred to as the "Notification for Application of Licenses") within 45 days from the date of receiving the notification letter from the NBTC confirming that MCOT is a bidding winner (within 25 February 2014). MCOT has already submitted such applications, together with all of the supplementary documents in accordance with the Notification for Application of Licenses, to the NBTC since 24 February 2014. Once being grated, such licenses shall be valid for 15 years from the date of approval.
Moreover, the Board of Directors' meeting No. 15/2013, dated 28 November 2013 has also resolved to approve MCOT's strategic plan which includes investment in new assets and investment to improve existing operating assets so that they can effectively be used to provide digital TV services such as improvement in production services, procure MCR to use in digital TV services, procure production equipment for Studio 3, improve production equipment in Studio 2 and 4, etc. for a total amount of THB 950 million. Since such investment is considered directly related to MCOT's digital TV services, it shall be included in a total consideration paid to acquire digital TV business. Consequently, a total consideration that MCOT has to pay out for its digital TV business shall be THB 4,950 million.
The Board of Directors of MCOT deemed that the transaction date shall be 26 December 2013, which is that date that MCOT officially stated its intention to enter into the transaction. Therefore, value of all assets acquisition occurring within a 6-month period prior to 26 December 2013 shall be included in a calculation of volume of the transaction. Within such 6-month period, MCOT has only one assets acquisition when its Board of Directors' meeting No. 12/2013, dated 24 September 2013 has resolved to approve the investment in digital TV network and facilities (the "Network and Facilities License") 1 for a total amount of THB 1,606 million. 2
By including the value of all assets acquisition occurring within a 6-month period prior to the transaction date totaling of THB 1,606 million with the total consideration that MCOT has to pay out for its digital TV business of THB 4,950 million, volume of the transaction shall be 58.49 percent of MCOT's total assets (total assets as at 30 September 2013 equals to THB 11,208.38 million). Therefore, the transaction is classified as Class 1 Transaction as prescribed in the Notification of the Capital Market Supervisory Board (the "CMSB") No. ThorChor. 20/2551 Re: Rules on Entering into Material Transactions Deemed as Acquisition or Disposal of Assets and the Notification of the Stock Exchange of Thailand (the "SET") Re: Disclosure of Information and Other Acts of Listed Companies Concerning the Acquisition or Disposition of Assets B.E. 2547 (the "Notification on Assets Acquisition or Disposition") or the transaction with its volume equals to or exceeds 50 percent but less that 100 percent where MCOT is required to disclose information memorandum concerning the transaction to the SET. Also, MCOT has to seek the shareholders' approval before entering into the transaction with three fourths of the total votes of the shareholders attending the meeting and having the right to vote, excluding the shareholders having a conflict of interest. Moreover, MCOT has to submit invitation to the shareholders' meeting, together with the opinions of the Independent Financial Advisor concerning the transaction, to the shareholders at least 14 days prior to the date of the shareholder's meeting.
However, the acquisition of digital TV licenses is a result of MCOT winning the auction. Disclosure of bidding amount in advance may adversely affect MCOT's competitiveness. Moreover, it is still uncertain that MCOT could win the bidding or not or even MCOT shall win the bid the amount of consideration paid to the NBTC is still unknown. Even when MCOT have received a notification to confirm that it is a bidding winner from the NBTC since 12 January 2014, MCOT has to pay the first installment to the NBTC within 30 days upon the receipt of such notification letter. It is not possible for MCOT to hold a shareholders' meeting prior to the deadline to pay the first installment as prescribed by the
1 The Network and Facilities License is not included in the scope of this independent financial advisor's opinion, for it is a separate, independent license to the Digital Television Licenses that MCOT has won from the auction. MCOT can independently exploit benefits from Network and Facilities License. The Network and Facilities License was granted to MCOT in accordance with the resolution of the NBTC meeting No. 23/2013 dated 17 June 2013 that approve to grant the Network and Facilities Licenses to the Royal Thai Army, the National Broadcasting Services of Thailand, Thai Public Broadcasting Service, and MCOT. The licenses were granted without any consideration but with specified service conditions and should be valid for 15 years from 17 June 2013 to 16 June 2028. MCOT's network and facilities under this license can service 2 HD channels and 6 SD channels.
2 Later, the Board of Directors' meeting No. 2/2014 on 28 January 2014 has cancelled such investment since the NBTC has changed its conditions and requirements of the digital TV network and the Board of Director has reviewed such investment again and resolved to approve an investment of THB 793 million as an additional investment in the fiscal year 2014 instead.
NBTC. Consequently, MCOT had to enter into any legal binding acts before receiving an approval from its shareholders. Nonetheless, MCOT shall propose to its shareholders to consider and rectify the transaction in the Annual General Shareholders' Meeting for the year 2014 held on 25 April 2014. Such rectification shall be made in accordance with the Notification on the Assets Acquisition and Disposition, including the appointment of an Independent Financial Advisor to provide independent opinion to the shareholders.
Krungsri Securities Public Company Limited (the "Independent Financial Advisor" of "KSS"), as an independent financial advisor in providing its opinions regarding the acquisition of 2 digital TV licenses to MCOT's shareholders, is of the opinion as follows:
2. Nature and Detail of the Transaction
2.1. Transaction Date
The Board of Directors of MCOT deemed that the transaction date shall be 26 December 2013, which is that date that MCOT officially stated its intention to enter into the transaction.
Even though the NBTC has officially announced that MCOT is a bidding winner since 12 January 2014 and the first installment have already been paid to the NBTC since 10 February 2014, MCOT is required to submit
license applications to the NBTC once again according to the Notification for Application where the process of the
NBTC's consideration of the license applications shall take 4 – 6 months before the NBTC can grant MCOT the licenses and the commercial operation shall commence later on.
Initially, the NBTC plans to have all licensees commence their digital TV broadcasting within 1 April 2014.
Therefore, it is generally expected that the license application consideration and approval shall all be finished within
March 2014. Nonetheless, process of application consideration and approval rely solely on the NBTC's discretion.
2.2. Concerning Parties
2.2.1. The Acquisition of Digital Television Licenses
Licensor:
the National Broadcasting and Telecommunications Commission ("NBTC")
Licensee:
MCOT Public Company Limited ("MCOT")
Licensor and licensee are not connected persons.
2.2.2. The Investment in Fixed Assets
Buyer:
MCOT Public Company Limited
Sellers:
Equipment Producers or Traders or Contractors
Buyer and sellers are not connected persons.
2.3. Value of Consideration (excluding VAT)
For MCOT can operate its digital TV business per the licenses granted by the NBTC, it needs to pay license fees for its two digital TV licenses totaling of THB 4,000 million and a 4-year investment plan to purchase new
assets and to improve existing operating assets as having been approved by the Board of Directors' meeting No.
15/2013 dated 28 November 2013 totaling THB 950 million. Details are as follows:
(1)
Consideration payable to the NBTC for the 2 digital TV licenses of THB 4,000 million consisting of license fee for SD Kids and Families Channel of THB 660 million and license fee for HD Variety
Channel of THB 3,340 million. Such payments are divided into 2 tranches as follows:
(a) Minimum bidding license fee shall be payable in 4 payments, which are:
(a1) 1 st payment shall be made within 30 days upon the date of receipt of the notification of the bidding winner for 50 percent of minimum bidding fee of each license, THB 755 million (excluding VAT) for HD general and THB 70 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding minimum bidding fee must be placed alongside the 1 st payment.
(a2) 2 nd payment shall be made within 30 days upon the 1 st anniversary of each license for 30 percent of minimum bidding fee of each license, THB 453 million (excluding VAT) for HD general and THB 42 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding minimum bidding fee must be placed alongside the 2 nd payment.
(a3) 3 rd payment shall be made within 30 days upon the 2 nd anniversary of each license for 10 percent of minimum bidding fee of each license, THB 151 million (excluding VAT) for HD general and THB 14 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding minimum bidding fee must be placed alongside the 3 rd payment.
(a4) 4 th payment shall be made within 30 days upon the 3 rd anniversary of each license for 10 percent of minimum bidding fee of each license, THB 151 million (excluding VAT) for HD general and THB 14 million (excluding VAT) for SD Kids and Families Channel.
(b) Fee in excess of minimum bidding fee shall be payable in 6 payments, which are:
(b1) 1 st payment shall be made within 30 days upon the date of receipt of the notification of the bidding winner for 10 percent of the fee in excess of minimum bidding fee of each license, THB 183 million (excluding VAT) for HD general and THB 52 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding Fee in excess of minimum bidding fee must be placed alongside the 1 st payment.
(b2) 2 nd payment shall be made within 30 days upon the 1 st anniversary of each license for 10 percent of the fee in excess of minimum bidding fee of each license, THB 183 million (excluding VAT) for HD general and THB 52 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding Fee in excess of minimum bidding fee must be placed alongside the 2 nd payment.
(b3) 3 rd payment shall be made within 30 days upon the 2 nd anniversary of each license for 20 percent of the fee in excess of minimum bidding fee of each license, THB 366 million (excluding VAT) for HD general and THB 104 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding Fee in excess of minimum bidding fee must be placed alongside the 3 rd payment.
(b4) 4 th payment shall be made within 30 days upon the 3 rd anniversary of each license for 20 percent of the fee in excess of minimum bidding fee of each license, THB 366 million (excluding VAT) for HD general and THB 104 million (excluding VAT) for SD Kids
and Families Channel. L/G for the outstanding Fee in excess of minimum bidding fee must be placed alongside the 4 th payment.
(b5) 5 th payment shall be made within 30 days upon the 4 th anniversary of each license for 20 percent of the fee in excess of minimum bidding fee of each license, THB 366 million (excluding VAT) for HD general and THB 104 million (excluding VAT) for SD Kids and Families Channel. L/G for the outstanding Fee in excess of minimum bidding fee must be placed alongside the 5 th payment.
(b6) 6 th payment shall be made within 30 days upon the 5 th anniversary of each license for 20 percent of the fee in excess of minimum bidding fee of each license, THB 366 million (excluding VAT) for HD general and THB 104 million (excluding VAT) for SD Kids and Families Channel.
Details of license fee payable to the NBTC can be summarized as follows:
Unit : THB million
In case, the bidding winner does not pay such fees within the prescribed period, it must pay additional fee in the amount equals to multiplication result of such unpaid fees and an interest rate of 7.5 percent per annum and proportion of unpaid period in a year (360 days). If the bidding winner cannot rectify such unpaid payment within a prescribed period, it shall be considered the bidding winner having breached conditions set forth in the licenses and the NBTC can consider withholding or withdrawing the awarded license.
(2) Investment in new assets and to improve existing operating assets
MCOT has a plan to invest in new assets and to improve its existing operating assets so that it can operate its digital TV business effectively. The Board of Directors meeting No. 15/2013 dated 28 November 2013 has resolved to approve a 4-year investment plan 2556 for a total amount of THB 950 million. However, such investment shall be adjustable to be in line with the future business of MCOT. Initially, the investment shall be THB 336 million, THB 177 million, THB 332 million and THB 105 million in 2014, 2015, 2016, and 2017, respectively.
Consequently, total consideration payable to acquire digital TV business shall be THB 4,950
million.
2.4. Type and Volume of the Transaction
MCOT's digital TV business consists of 3 components, which are (1) HD Variety Channel digital TV license totaling THB 3,340 million (2) SD Kids and Families Channel digital TV license totaling of THB 660 million and (3) investment in operating assets totaling THB 950 million, for a total amount of THB 4,950 million (as aforementioned in Section 2.3). As a result, volume of the said transaction, calculated according to total consideration criteria, shall be 44.16 percent of total assets stated in the consolidated financial statement of MCOT ending 30 September 2013 3 , equaling to THB 11,208.38 million.
Details of the calculation shall be illustrated as follows:
Unit : THB million
However, it is required by the Notification on Assets Acquisition and Disposition that the calculation of volume of the transaction shall include value of all assets acquisition occurring within a 6-month period prior to the transaction date. Within such 6-month period, MCOT has only one assets acquisition when its Board of Directors' meeting No. 12/2013, dated 24 September 2013 has resolved to approve the investment in digital TV network and facilities (the "Network and Facilities License") 4 for a total amount of THB 1,606 million. 5 Consequently, being combined with value of all assets acquisition occurring within a 6-month period prior to the transaction date, volume of the transaction shall equal to 58.49 6 of total assets stated in the consolidated financial statement of MCOT ending 30 September 2013
3 Since the Board of Directors of MCOT deemed that the transaction date shall be 26 December 2013, which is that date that MCOT officially stated its intention to enter into the transaction; calculation of the volume of the transaction shall be made based upon consolidated financial statements for a 9-month period ending 30 September 2013. However, if volume of the transaction is to be made based upon consolidated financial statements for a 12-month period ending 31 December 2013, it shall equal to 44.32 of total assets.
4 Refer to footnote 1 on Page 6
5 Refer to footnote 2 on Page 6
6 However, if volume of the transaction is to be made based upon consolidated financial statements for a 12-month period ending 31 December 2013, it shall equal to 58.70 of total assets.
Details of the calculation shall be illustrated as follows:
Unit : THB million
| | Items | Amount |
|---|---|---|
| Bidding amount for HD Variety Channel Bidding amount for SD Kids and Families Channel Investment in assets to support digital TV business | | |
| Total consideration for digital TV business | | |
| Value of Assets Acquisition resulting from the awarded Network and Facilities License occurring within a 6-month period prior to the transaction date | | |
| Total value of consideration according to the Notification on Assets Acquisition and Disposition | | |
| Total assets as at 30 September 2013 | | |
Therefore, the transaction is classified as Class 1 Transaction as prescribed in the Notification of the Capital Market Supervisory Board (the "CMSB") No. ThorChor. 20/2551 Re: Rules on Entering into Material Transactions Deemed as Acquisition or Disposal of Assets and the Notification of the Stock Exchange of Thailand (the "SET") Re: Disclosure of Information and Other Acts of Listed Companies Concerning the Acquisition or Disposition of Assets B.E. 2547 (the "Notification on Assets Acquisition or Disposition") or the transaction with its volume equals to or exceeds 50 percent but less that 100 percent where MCOT is required to disclose information memorandum concerning the transaction to the SET. Also, MCOT has to seek the shareholders' approval before entering into the transaction with three fourths of the total votes of the shareholders attending the meeting and having the right to vote, excluding the shareholders having a conflict of interest. Moreover, MCOT has to submit invitation to the shareholders' meeting, together with the opinions of the Independent Financial Advisor concerning the transaction, to the shareholders at least 14 days prior to the date of the shareholder's meeting.
However, the acquisition of digital TV licenses is a result of MCOT winning the auction. Disclosure of bidding amount in advance may adversely affect MCOT's competitiveness. Moreover, it is still uncertain that MCOT could win the bidding or not or even MCOT shall win the bid the amount of consideration paid to the NBTC is still unknown. Even when MCOT have received a notification to confirm that it is a bidding winner from the NBTC since 12 January 2014, MCOT has to pay the first installment to the NBTC within 30 days upon the receipt of such notification letter. It is not possible for MCOT to hold a shareholders' meeting prior to the deadline to pay the first installment as prescribed by the NBTC. Consequently, MCOT had to enter into any legal binding acts before receiving an approval from its shareholders. Nonetheless, MCOT shall propose to its shareholders to consider and rectify the transaction in the Annual General Shareholders' Meeting for the year 2014 held on 25 April 2014. Such
rectification shall be made in accordance with the Notification on the Assets Acquisition and Disposition, including the appointment of an Independent Financial Advisor to provide independent opinion to the shareholders.
2.5. Characteristics of the Transaction
2.5.1. Details of the Transaction
a) Process to acquire digital TV licenses
Process to acquire digital TV licenses from the bidding until the license shall officially be granted can be illustrated as follows:
| 1. the NBTC issued Notification on the License Auction | 14 August 2013 |
|---|---|
| 2. the NBTC issued public invitation to participate in the license auction | 27 August 2013 |
| 3. MCOT bought bidding applications | 11 September 2013 |
| 4. MCOT submitted bidding application | 28 October 2013 |
| 5. NBTC officially announce qualified bidders | 12 December 2013 |
| 6. Auction date | 26-27 December 2013 |
| 7. the NBTC officially announce bidding winners | 12 January 2014 |
| 8. Payment of the 1st installment | within 30 days from Item 7 (10 February 2014) |
| 9. Seeking digital TV network services with Network and Facilities licensees | within 30 days from Item 7 (10 February 2014) |
| | Process | | Due date | Remarks |
|---|---|---|---|---|
| 10. Submit digital TV license application to the NBTC | | within 45 days from Item 7 (25 February 2014) | | |
| 11. Officers of the NBTC to verify the correctness of the applications | | within 15 business days from Item 10 | | |
| 12. Officers of the NBTC to determine and analyze appropriateness of the digital TV business and draft terms and conditions of the licenses to be awarded for the NBTC to consider. | | within 60 business days from Item 11 | | |
| 13. Officers of the NBTC shall present findings to the NBTC | | within 15 days from Item 12 | | |
| 14. the NBTC to consider the applications | | within 30 business days from Item 13 | | |
| 15. the NBTC to grant licenses | | after completion of the consideration process | | |
Currently, MCOT has already fulfill Item 10 and waiting for the NBTC's consideration as stated in Item 11 – 15 which shall take 4 -6 months before the licenses is to be awarded and commercial operation to commence.
Initially, the NBTC plans to have all licensees commence their digital TV broadcasting within 1 April 2014. Therefore, it is generally expected that the license application consideration and approval shall all be finished within March 2014. Nonetheless, process of application consideration and approval rely solely on the NBTC's discretion.
b) Scopes, conditions, and responsibilities after licenses having been awarded
Scopes, conditions, and responsibilities after licenses having been awarded can be summarized as follows:
Self Operate
The licensees must solely operate the TV business under the Digital TV Licenses without transferring a whole or in part of their operation to any third parties. Transferring of the rights to operate Digital TV as a whole or in part beyond is prohibited except for some certain suitable broadcasting hours, Time-Sharing, allowed by the NBTC.
Commercial Operation
The licensees must start their digital broadcasting under the plan submitted to the NBTC within 30 days after receiving the license from the NBTC.
Operating Cancellation
The licensees must continue their services through the 15-year validity period of the license. The cancellation of services prior to the ending of concession is not allowed unless the appropriate remedy plan is submitted and accepted by the NBTC.
Abeyance of Service
Abeyance of the service either in whole or in part is prohibited unless it is approved upon discretion of the NBTC.
Prohibition of Undeclared Program
Broadcasting of undeclared program is prohibited unless it was submitted for approval 7 days prior to the broadcasting date. The broadcasting of undeclared program concerned public awareness and safety or by order of governmental agencies is generally allowed. However, licensees entitle to inform the related officers soonest possible.
Program Content Monitoring
(1) Licensees are responsible for monitoring the broadcasting contents including advertisement and announcement to be conformed to the principal or rule of professional conduct and moral.
(2) Licensees must be competent to monitor and restrain the broadcasting of contents contained substance lead to the dissolution of constitutional monarchy, harmful to national security and public morals, obscenity, and deteriorate public mentality and health.
Intellectual Property Rights
Prior to taking further action, licensees must obtain necessary legal rights or permits to broadcast, re-run, edit, and others action over the contents protected by intellectual property laws.
Scope of Revenue Generation
License holder may utilize the license by selling air time, advertisement, subscription, and others. However the advertisement and public relation services are limited to 12.5 minutes per one broadcasting hour and on daily basis must not exceeding average figure of 10 minutes per one hour per day.
Subscription Fee
Upon the approval of the NBTC, license holder must reasonably and fairly charge the subscription fee to the subscribers and competitors.
The NBTC Annual Fee
License holder is liable to pay an annual fee of 2 percent of gross revenue from TV business before deduction of any cost and expense to the NBTC. Delay payment is subject to penalty. Further, non-payment may be disclaimed.
Public Broadcasting Research and Development Fund Annual Fee
License holder is liable to pay an annual fee of 2 percent of gross revenue from TV business before deduction of any cost and expense to Public Broadcasting Research and Development Fund. The fee is subject to change up on the NBTC discretion.
Merger and Acquisition
Licensees must seek approval from the NBTC for any activities between licensees such as merging of business, acquiring of business, engaging in an agreement, or any activities that cause one license holder to have control over or deter other licenses holder from operation.
Compliance of the Anti-trust Law
Licensees shall act in compliance with the Anti-trust Law and shall not commit to any acts, deemed by the NBTC, which shall cause unfair competition for providing services according to the awarded licenses.
Consumer Protection
Licensees must act in compliance with relating rules and regulations on the customer protection requirement as being announced by the NBTC.
Service for the handicaps and the disadvantaged
Licensees must provide services for the handicaps and the disadvantaged so that they can have access to the services equally with general people or according to rules and regulations as being announced by the NBTC.
2.5.2. Sources of Fund
To settle price according to the acquisition price of 2 digital TV licenses of THB 4,000 million (excluding VAT) and the 4-year investment in new assets and to improve existing operating assets of THB 950 million (excluding VAT) or THB 4,950 million (excluding VAT) in combined, MCOT has a policy to utilized its internal cash flow. According to its financial statements for a 12-month period ending 31 December 2013, MCOT has recorded cash and cash equivalent of THB 2,650 million and short-term
investment of THB 1,686 million. MCOT then has liquid assets of THB 4,336 million in aggregate. Also, MCOT has been having its net profit and cash flow from operation for the amount exceeding THB 1,000 million per annum so far.
Besides, according to its consolidated statements of financial position as at 31 December 2013, MCOT has a D/E ratio of 0.40 time, which is considered relatively low. If necessary, MCOT can still utilize its debt capability to settle the transaction price.
Settlement of the transaction price in each year can be illustrated as follows:
Unit : THB million
| | Year | | License Fee | | Investment in Assets | Total |
|---|---|---|---|---|---|---|
| 2557 | | 1/1,060 | | 336 | | |
| 2558 | | 730 | | 177 | | |
| 2559 | | 635 | | 332 | | |
| 2560 | | 635 | | 105 | | |
| 2561 | | 470 | | - | | |
| 2562 | | 470 | | - | | |
| Total | | 4,000 | | 950 | | |
Remark 1/ MCOT has already settled the 1st installment of license fee of THB 1,060 million since 10 February 2014; therefore, in 2014, there is only a burden to invest assets of THB 336 million remaining.
3. Reasonableness of the Transaction
3.1. Rationales and Objectives of the Transaction
According to the Radio Frequency and Broadcasting Services Master Plan No.1 (B.E. 2555-2559) (the "Master Plan"), it clearly states its intention to turn a current analog broadcasting into a digital broadcasting. Also, according to the Digital Broadcasting Transition Plan, it is stated that the transition into digital TV shall commence within 1 year and the digital broadcasting shall be commencing within 4 years after the Master Plan was put in effect. The transition plan also specified that it shall consider starting canceling analog broadcasting in 2015, and it is generally expected that the analog broadcasting shall completely cease within 2018. If MCOT does not participate in the license auction this time, it shall only have time to operate its existing analog broadcasting until 2017. MCOT's revenue from its analog TV accounts for more than half of its total revenue. Consequently, if it did not participate in the auction, it is likely that MCOT might be affected from lacking of capability to run on a going concern basis.
3.2. Advantages of the Transaction
3.2.1. MCOT is capable of running on a going concern basis
Currently MCOT's TV revenues come from 3 sources, which are (1) revenues from Channel 9 on analog platform, (2) revenue from 2 channels of satellite TV – MCOT 1 and MCOT World, and (3) revenue recognition from subsidiaries' revenues from ads and TV program production which is not directly related to broadcasting business. Breakdown of MCOT's TV revenue can be illustrated as follows:
| (1) Revenues from Channel 9 on an analog platform (2) Revenue from satellite TV channels (3) revenue recognition from subsidiaries | 3,130 158 107 | 3,426 341 93 | 3,431 338 53 |
|---|---|---|---|
| Total TV revenue | 3,395 | 3,860 | 3,822 |
| Total revenue of MCOT | 5,313 | 5,947 | 5,985 |
| Percentage of total TV revenue (1) Revenues from Channel 9 on an analog platform (2) Revenue from satellite TV channels (3) revenue recognition from subsidiaries | 92.19 4.65 3.15 | 88.76 8.83 2.41 | 89.77 8.84 1.39 |
| Percentage of MCOT’s total Revenue (1) Revenues from Channel 9 on an analog platform (2) Revenue from satellite TV channels (3) revenue recognition from subsidiaries | 58.91 2.97 2.01 | 57.61 5.73 1.56 | 57.33 5.65 0.89 |
In the event that MCOT did not participate in the Digital Television Licenses this time and the NBTC shall proceed to cease analog broadcasting within 5 years from now, MCOT shall only have time to operate its existing analog broadcasting until 2017. Therefore, MCOT shall lose its revenue from analog TV from 2018 0nwards.
Revenue from Channel 9 on an analog platform is a major source of revenue of MCOT. During 2011 – 2013 such revenues are recorded at THB 3,100 – 3,400 million or accounting for 90 – 92 percent of revenue from TV or accounting for 57 – 59 percent of MCOT's total revenue. Losing of such major source of revenue might result in MCOT's lacking of capability to run on an ongoing basis. However, winning the Digital Television Licenses shall ensure that MCOT can operate its TV business for another 15-year period until the expiration date of the licenses.
3.2.2. To maintain market leader status and competitive advantage
Currently, competition among free TV is limited to only 5 players which are (1) Channel 7 with a share on total media spending budget (or the market share) of 32 percent; (2) Channel 3 with the market share of 30 percent; (3) Channel 9, belonging to MCOT, with the market share of 18 percent; (4) Channel 5 with the market share of 17 percent and (5) NBT with the market share of 3 percent. However, MCOT's marketing department estimated that the total market share of those existing players shall shrink down to 52 percent, because of the increasing in the number of players from existing of only 5 players to 24 players. Media spending budget shall then well disperse to new players.
Initially, MCOT estimates that after the transition from analog to digital having completed, HD Variety Channel shall have its market share of 64 per cent of total media spending budget, which is the highest of all program categories. Channel 3, 7 and 9 can still maintain its leadership in this program category because all those 3 players shall move their existing analog channel to broadcast on the new HD digital platform. Eventually, it is estimated that Channel 3 and 7 shall take up a market share of around 33 – 34 percent of media spending budget via HD channels (or around 21 – 22 percent of total media spending budget) and Channel 9 shall come at the third place occupying around 14 media spending budget via HD channels (or around 9 percent of total media spending budget).
For SD Kids and Families Channel, there are only 3 players in this program category which are (1) BEC Multimedia Company Limited (a subsidiary of Channel 3); (2) Thai TV Company Limited (a subsidiary of TV Pool); and (3) MCOT. MCOT estimates that SD Kids and Families Channel shall seize around 5 percent of total media spending budget. By relying on MCOT's potential as a market leader in this program category where it currently post a strong market share of 54 percent of media spending via kids and families program, MCOT expects to hold a market share of around 50 percent in this category (or around 2.5 percent of total media spending budget) after the transition from analog to digital having completed.
Therefore, after the transition from analog to digital having completed, MCOT expects to have its total market share of 11.5 percent of total media spending budget, consisting of (1) existing Channel 9 which is to be migrated to digital platform contributing of 9 percent and (2) SD Kids and Families Channel contributing of 2.5 percent. As a result, MCOT, still being ranked at the third place, can still hold its leadership in the market. It is only second to Channel 3 and 7 occupying around 28 percent and 21 percent of total media spending budget, respectively.
3.3. Disadvantages of the Transaction
3.3.1. Capital intensive
By entering into the bidding for HD Variety Channel and SD Kids and Families Channel, MCOT has to pay a consideration totaling of THB 4,000 million (excluding VAT). Also, MCOT has to enter into an investment plan to purchase new assets and to improve existing assets according to a 4-year plan totaling THB 950 million (excluding VAT), yielding in a total investment of THB 4,950 million (excluding VAT). Such amount of investment is considered the highest ever in MCOT's history. Normally, MCOT only have to invest for improvement of equipment or for a replacement of some assets in the amount not exceeding THB 500 million per annum.
According to its financial statements for a 12-month period ending 31 December 2013, MCOT has recorded cash and cash equivalent of THB 2,650 million and short-term investment of THB 1,686 million. MCOT then has liquid assets of THB 4,336 million in aggregate. Also, MCOT has been having its net profit and cash flow from operation for the amount exceeding THB 1,000 million per annum so far. Finally, such investment in the licenses and assets are split into 6 and 4 payments. For the aforementioned reasons, the Independent Financial Advisor deems that MCOT shall have sufficient source of fund to enter into the Transaction.
Besides, according to its consolidated statements of financial position as at 31 December 2013, MCOT has a D/E ratio of 0.40 time, which is considered relatively low. If necessary, MCOT can still utilize its debt capability to settle the transaction price.
3.3.2. Increase in D/E Ratio
According to accounting standards, MCOT has to record investment value of the investment in 2 digital TV licenses of THB 4,000 million as intangible asset. However, MCOT has already paid the 1 st installment of the license fee of THB 1,060 million to the NBTC since 10 February 2014 resulting in an accrued license fee of THB 2,940 million which is to be recorded as accrued expenses on liabilities side of the financial statements.
The Independent Financial Advisor has calculated the effects of such increase in accrued expenses based on the financial statements for the 12-month period ending 31 December 2013 and adjustment of the investment in the licenses and found that MCOT's D/E ratio shall rise from 0.40 time up to 0.77 time. Details of the calculation can be illustrated as follows:
| | | | As at 31 December 2013 | |
|---|---|---|---|---|
| | Statement of the Financial Position | | | Consolidated |
| | | | Consolidated | |
| | (Unit : THB million) | | | (After |
| | | | (Audited) | |
| | | | | Adjustment) |
| Total assets - existing Intangible assets – Digital TV Licenses Cash decreases from payment of the 1st installment | | 11,168 - - | | |
| Total assets – after adjustment | | 11,168 | | |
| Total liabilities - existing Accrued Digital TV Licenses fee | | 3,208 - | | |
| Total liabilities – after adjustment | | 3,208 | | |
| Total shareholder’s equity | | 7,960 | | |
| D/E ratio (time) | | 0.40 | | |
Even though the investment in those Digital TV Licenses shall cause MCOT's D/E ration to increase, the increased D/E ration is still considered relatively low. Moreover, in the event that MCOT shall gradually pay license fee, accrued Digital TV Licenses fee shall also gradually decrease also eventually yielding a decreasing in D/E ration. Consequently, such investment shall not cause much burden to MCOT's debt capacity.
3.3.3. Increase in amortization expenses
As having been stated in Section 3.3.2 that by entering into the acquisition of Digital TV Licenses of THB MCOT has to record value of the Digital TV Licenses of THB 4,000 as intangible assets. Such intangible assets shall be amortized over the licenses' life of 15 years causing MCOT additional amortization expenses of THB 267 million per annum, while the current analog TV business of MCOT does not have this kind of expenses at all. Such amortization expenses shall adversely affect MCOT's bottom-line of THB 214 million. (Such amortization expenses is tax deductible resulting in a tax saving of around THB 53 million at corporate tax rate of 20 percent – THB 267 million multiplied by corporate tax rate of 20 percent.)
Since amortization expenses are non-cash items, it might affect profitability on MCOT in a comprehensive statement of income but it shall not affect MCOT's cash flow at all.
However, during 2014 – 2019 MCOT's cash flow shall be affected from the actual payment of licenses fee according to the installments as prescribed by the NBTC.
3.3.4. Increase in other expenses
As prescribed by the condition of the licenses, MCOT is obligated to pay annual fee and annual contribution to the Broadcasting and Telecommunication Fund for Public in aggregate of 4 percent of MCOT's revenue before any costs and expenses of the business conducting under the awarded license, while
the current analog TV business of MCOT does not have this kind of expenses at all. Since the calculation of the paid fee shall be based on sales which is a reference with the highest amount in the profit and loss statements, such fee shall drastically affect MCOT's profitability and cash flow. However, the Independent Financial Advisor has included such factors in to its cash flow projection and found that even though profitability of MCOT shall be adversely affected; such investment could yield additional benefit to MCOT at around THB 1,429 - 2,557 million
3.4. Risk Factors of the Transaction
3.4.1. Digital TV Penetration
At the beginning of the period of transition from analog broadcasting to digital broadcasting, there must be some viewers who cannot access to digital TV broadcasting. Such viewers has to buy set-top box to transform digital signal to be compatible with conventional TV sets, which shall cause additional expenses to viewers
The NBTC has realized this issue and shall address it by giving away free coupon as a subsidy to all of 22 million Thai households in order to provide equality for digital TV access. However, due to the NBTC being now in the process of issuing Digital TV Licenses and it having to cautiously consider its subsidy program, such policy has not yet been officially announced.
Currently, the NBTC believes that the subsidy policy might not be launched on 1 April 2014 which is the date that the NBTC would like all digital TV licensees to commercially broadcast their digital TV. It is expected that the NBTC shall be able to launch its subsidy program in June – July 2014. Delay in the NBTC's coupon policy shall affect penetration rate of the digital TV in its early transition stage.
Moreover, a policy to broadcast on both platforms simultaneously shall make viewers overlook the necessity to purchase set-top box. Lastly, should there be a huge different between the NBTC's coupon and the price of the set-top box, there might be an effect to the acceptance and penetration of digital TV also.
3.4.2. Risk that the operation result shall not meet the expectation
Digital TV Licenses bidding this time shall result in increasing number of players from existing 5 players to 24 players. Free TV which has so far been an oligopoly market shall be opened to a real competition. Also, all players have to pay extensive amount of consideration to the NBTC. Competition to capture media spending budget shall become more severe, for all players has to maximize their profits. Forecasting of operating result during the time of severely competitive market situation tends to yield diverse forecasting discrepancy.
However, assumptions for the financial forecast were considered based on a conservative approach and based on the experience, expertise, and acquaintance to the management of MCOT's TV business where it is ranked at the third place in the market (second only to Channel 7 and 3). Also MCOT has its policy to migrate its existing Channel 9 in analog platform to broadcast in its HD Variety Channel which is expected to
contribute major revenue to MCOT in the future. Consequently, risk that the operation result shall not meet the expectation is deemed minimal.
Nonetheless, assumptions of the financial forecast were determined base upon the current economic situation and it is assumed that there are no significant changes occurring throughout the projection period. Should there be any significant changes in economic and other external factors which may significantly affect MCOT's operating performance; the above assumptions shall also be adversely affected.
4. Fairness of the Price and Terms and Conditions of the Transaction
4.1. Fairness of the Price of Transaction
The Independent Financial Advisor shall evaluate the feasibility of the investment in the Digital TV Licenses by employing the analysis of Net Present Value (NPV), Payback Period and Internal Rate of Return (IRR) from the projected cash flow from MCOT's operation under 2 licenses which are (1) a license to operate HD Variety Channel and (2) a license to operate SD Kids & Families Channel based on the assumption that those license shall be valid for 15 years (from April 2014 – April 2029).
The Independent Financial Advisor has prepared a financial projection based on historical financial information and financial ration; general public information such as the auditor's reports, the audited financial statements; management interviews. Also, it is assumed that MCOT can run its business on a going concern basis. The said assumptions are established under the current economic situation and there are no other events that may cause significant impacts to the MCOT's business operation.
Here are the key assumptions used for preparing the financial projection:
(1) Revenue from Television Business
Revenues from TV consist of revenue from ads, revenue from time rental, revenue from program production and revenue from other operation such as satellite TV and other media which are not related to the broadcasting of Channel 9.
Revenue projection for studying a feasibility of the investment in Digital TV Licenses shall be derived from total market value of media spending budget via terrestrial TV, MCOT's market share, and conversion rate.
- Market Value of Television Business
The AGB Nielsen research stated that the total TV (on both terrestrial and satellite platforms) media spending in Thailand reached THB 84,402 million in 2013, approximately 9 percent increase from the previous year. The terrestrial TV covered approximately 82 percent or THB 69,249 million of the total market in 2013 where the remaining 18 percent or THB 15,153 million of the TV media spending was spent through satellite platform.
In the year 2014, AGB Nielsen forecasted the aggregated TV media spending to be in the vicinity of THB 89.30 billion or approximately 5.80 percent increase from 2013. For the year 2015 onward, MCOT forecasted that the TV advertising will grow at a constant rate of 5 percent per annum throughout the forecasting period.
200,000
100.0%
Source: AGB Nielsen and MCOT
AGB Nielsen also forecasted the share of media spending between the terrestrial TV and satellite TV will change from 82 percent and 18 percent in 2013 to 84.10 percent and 15.90 percent in 2014 due to increasing in number of players in terrestrial TV from the auction of the licenses this time. Also the advertising spending on existing satellite broadcasters who obtained the new Digital TV licenses i.e., GRAMMY, NBC, and RS will also be migrated to the terrestrial platform. However MCOT foresees that after year 2015, the media spending on satellite TV will gradually move to terrestrial TV at the rate of approximately 0.5 percent per annum until it reaches 86.6 percent in year 2019 and that leave the satellite share on advertising revenue at a constant rate of 13.4 percent, where it is held constant throughout the forecasting period.
- Market Share
Based on AGB Nielsen market survey during January to July 2013, MCOT has ranked at third place among 5 free TV operators with the market share of approximately 18 percent. However, MCOT estimates that market shares of existing free TV players shall shrink by around 50 percent as a result of strong competition among 24 digital free TV operators.
During the transition period MCOT will broadcast its existing Channel 9 in analog platform in parallel with the new HD Variety channel simultaneously. The existing market share on the analog broadcasting system will gradually decrease as the digital TV penetration rate continues to rise. MCOT forecasts the market share of its HD Variety will gradually increase from 0.9 percent in 2015 to 9.0 percent when the transition from analog to digital TV ends in 2019. Such drop in market share occurs in line with MCOT's estimation that existing players shall experience an average of 50 percent market share drop after the transition from analog TV to digital TV having
completed due to the increasing number of free TV players from 5 channels to 24 channels while the total advertisement spending does not expand in the same direction as number of players. (Currently, Channel 9 in analog platform has its market share at 18 percent. Then, MCOT's market share shall shrink down to 9 percent)
Currently MCOT is the market leader in Kids & Families programs with the market share of approximately 50 percent in this segment followed by Channel 7 and 3. The advertisement spending on Kids & Families program is expected to take up to 5.0 percent of total free TV media spending. After the announcement of the auction results, addition 2 players had entered to compete in this category namely BEC Multimedia Company Limited (a subsidiary of BEC) and Thai TV Company Limited (a subsidiary of TV Pool). However, MCOT expects to maintain its leadership in this segment and still holds the market share at 50 percent of total advertising money spent on Kids & Family programs or equivalent to 2.5 percent of total free TV media spending.
Thus IFA generally agree with the MCOT's view on market share as it fairly reflect the potential of the new players and it is in line with the digital TV network coverage rate and viewers penetration.
The Company's free TV market share is illustrated below:
20.0%
Source: AGB Nielsen and MCOT
- Conversion Rate
ABG Nielsen gathers TV advertisement budget based on the total annual available advertising minutes multiplies by the Card Rate, without consideration of either any discount given to media buyers or adjustment of programs broadcasting under Time Sharing and Time Rental agreement. Thus, the MCOT's actual advertising revenue could appear to be lower from those media agency figures. In 2012, MCOT net advertising revenue after adjustment of discount, Time Sharing, and Time Rental was merely at 26.5 percent of total TV Advertisement Spending budget forecasted by the media agency. During 2013, MCOT had attempted to improve its conversion
rate by increasing the broadcasting of owned-programs from both in-house production and acquisition of foreign contents and reducing of broadcasting program under time-sharing and time-rental contracts. As a result, MCOT's conversion rate was significant increased to approximately 27.5 percent of total TV Advertisement Spending budget forecasted by the media agency. However MCOT targets to increase its conversion rate to at least 35 percent in the next 5 years by replacing the time sharing program during the primetime with owned-programs in existing Channel 9 that eventually shall be migrated to HD Variety Channel as well as increasing the Owned-program in Kids & Family (SD) channel.
The Independent Financial Advisor deems that such increase in conversion rate shall still be possible from the improvement in the past and from the policy to increase its own-programs.
Source: AGB Nielsen and MCOT
Remark: Digital TV Licenses shall be valid for 4 months in 2029
According to the above assumptions, summary of forecasted advertising revenue on HD Variety and Kids & Family Channel from 2014 – 2029 can be illustrated as follows:
7,000
20%
Source: AGB Nielsen and MCOT
Remark:
1/
Digital TV Licenses shall be valid for 4 months in 2029
2/ The revenue growth in 2014 is contributed from (1) forecasted Total TV Advertising Spending growth of 5.8 percent (2) increase in market share of terrestrial TV from 82 percent to 84.1 percent in 2014 and (3) conversion rate improvement from promoting own programs.
(2) Costs and Expenses
Direct Costs
The Direct Costs incurred from the acquisition of the Digital TV Licenses are:
- NBTC Annual Fees
Annual NBTC fee of 2 percent of total TV revenue from HD Variety and Kids & Family Channels
Annual contribution for Broadcasting and Telecommunication Fund for Public of 2 percent of total TV revenue from HD Variety and Kids & Family Channels
- Utility cost is the cost of utility used in the broadcasting, consisting mainly of electricity cost for broadcasting. Utility Cost is estimated to be THB 12 million per channel in 2014 and increases at the rate of 3 percent per annum throughout the forecasting period.
- Must Carry Cost
Beside the terrestrial platform, the NBTC requires all 24 Digital TV licensees and 12 Public channels to broadcast their contents via satellite so that it shall allow 50 percent of the current viewers who view free TV via a satellite dishes without traditional TV antenna. MCOT estimates that it shall have Must Carry expense of THB 12 million per channel per year with a growth rate of 10 percent in
every 3-year period starting from 2017 onwards. Such fee is estimated based on MCOT's transponder cost charged by Thaicom Public Company Limited.
- Network Cost
Network Cost is the terrestrial broadcasting network rental fee. Since MCOT has obtained a permit to own and operate the terrestrial broadcasting network from the NBTC since June 2013, it has a policy to use its own network for its Digital TV broadcasting throughout the life of license. However, the feasibility study of the investment in the broadcasting network was conducted based on the assumption that it would be able to rent out all broadcasting slots to any non-connected Digital TV operators without internal usage. In contrary, in practice, MCOT will partially utilize its own network for broadcasting HD Variety and Kids & Family channels and rent the remaining network to other operators. By doing so, its network operation unit shall suffer from lacking of opportunity to rent out the own used slots. To be fair to every internal business units, TV business unit has entered into an internal agreement with network business unit to rent broadcasting network at the rental rate as prescribed in the agreement. Such rental rate was is the same rate as the network unit has charged other non-related operators. Network cost can be illustrated as follows:
400
- Intangible asset - Digital License Fee of both HD Variety and Kids & Family channels shall be amortized on a straight-line basis over its validity of 15 years.
- Depreciation incurred from new assets and improvements shall be calculated based on a straightline basis at the average rate of around 10 percent per annum.
Allocation Cost
Prior to the completion of the transition period for switching from analog TV to digital TV, MCOT shall broadcast its existing programs on both platforms simultaneously. Sharing of resources between these 2 platforms shall occur. Also, digital TV shall draw some viewers from the existing analog platform. Therefore, to be fair for analog TV business unit, shared costs must be allocated to digital TV unit. Allocation of the shared coast shall be made based on revenue contribution of each unit. However, after the transition period ending in 2019 where the analog TV shall completely stop, all of the costs under this section shall fully be migrated to digital TV unit.
Rate of cost allocation to digital TV unit can be summarized as follow:
Details of allocation costs are:
- Production Costs
The MCOT's production cost in 2013 was accounted to 20 percent of revenue from television business compare to 10 percent in 2012. This was a result of the policy to promote the replacement of time sharing and time rental programs with MCOT's own-program that incurs a higher production and content acquisition costs. However, it shall benefit MCOT in term of conversion rate improvement. For the forecasting purpose, the production and content acquisition costs will remain at 20 percent of television revenue throughout the period, which is consistent with MCOT's policy to rely more on its own-programs.
- Engineering Costs
350
Since Network Management Department was newly established in 2013 to undertake the broadcasting network business under the permission granted from NBTC, there was a new allocation of engineering cost in that year. The engineering cost allocated to TV unit in 2013 was estimated at THB 150 million. It is estimate that such expense shall grow at the rate of 5 percent per annum throughout the projection period. Such growth rate is consistent to the growth rate of employee expenses in the past 3 years.
- Cost of personnel
Cost of personnel allocated to TV Business in 2012 and 2013 are THB 186 million and THB 199 million, respectively, or posting an increase of 2.8 percent and 7.0 percent from the last year, respectively. MCOT has forecasted that cost of personnel allocated to the TV business shall increase by 5.0 percent per annum, which is in line with the historical data.
450
20.0%
Remark: Costs are allocated based on revenue contribution between analog and digital platform.
- Administrative Expenses
Administrative expenses comprise of building related expenses, back office personnel expenses, and management expenses. In 2013 the administrative expenses allocated to TV business amounting to THB 74 million. It is forecasted to increase at the rate of 5 percent per annum throughout the forecasting period.
Remark: Costs are allocated based on revenue contribution between analog and digital platform.
- Selling and Marketing Expenses
In 2012 and 2013, MCOT had selling and marketing expense accounted at 5.2 percent and 4.9 percent of revenue from television business respectively. MCOT forecasts the Selling and Marketing Expenses to grow at the rate of 5.0 percent per annum from year 2014 until the end of forecasting period.
6.0%
Remark: Costs are allocated based on revenue contribution between analog and digital platform.
- Thai News Agency Expenses
Thai News Agency is one of MCOT's departments which produces and supplies news for Channel 9. Thai News Agency shall be responsible to produce news to the new Digital Channels.
In 2012 and 2013, the allocations of Thai News Agency expenses to TV business are THB 563 million and THB 590 million increased at the rate of 6.4 percent and 4.9 percent from its predeceasing year, respectively. For 2014 onwards, the allocated Thai News Agency expenses will increase at the rate of 5 percent per annum which is in line with the 3-year historical growth.
1,400
10.0%
Remark: Costs are allocated based on revenue contribution between analog and digital platform.
The Independent Financial Advisor agree is of the same opinion as the MCOT in the forecasting of such allocated costs as mentioned above, as the forecasts of fixed costs are based on the historical growth rate and that of variable costs are based on historical financial ratios, together with a policy to increase own-programs, resulting in increase in production cost ratio throughout the projection period.
(3) Cost of Digital TV Licenses
MCOT has won the bidding of 2 Digital TV licenses for totaling THB 4,000 million, which are (1) HD Variety channel for THB 3,340 million and (2) SD Kids & Family channel for THB 660 million. Such fees are divided into 6 payments, details are as follows:
Unit : THB million
| | Year of Payment | | License Fees |
|---|---|---|---|
| 2014 | | 1,060 | |
| 2015 | | 730 | |
| 2016 | | 635 | |
| 2017 | | 635 | |
| 2018 | | 470 | |
| 2019 | | 470 | |
| Total | | 4,000 | |
(4) Investment in related equipments
To accommodate the growth in digital TV business, MCOT has plans to invest in new assets and equipments such as Studios, Editing Shops, and other related equipment for the in-house program production that will be broadcasted in both HD Variety and Kids & Family channels. MCOT has set aside the budget for capacity expansion for the amount of THB 950 million for the next 4 years. The table below show MCOT capital expenditure plan for its facility expansion.
Unit : THB million
| 2014 | 336 |
|---|---|
| 2015 | 177 |
| 2016 | 332 |
| 2017 | 105 |
| Total | 950 |
By employing the above assumption, the Independent Financial Advisor has calculated the present value of the cash flow by discounting the business operation under the Digital TV Licenses over 15 years with Weighted Average Cost of Capital (WACC) of MCOT at 11.32 percent per annum. Details of WACC calculation can be shown as follows:
WACC = Ke x (E/A) + Kd x (1-t) x (D/A)
Where;
Ke
Kd
t
= =
=
Rate of return on MCOT's shareholders' equity, which is 11.57 percent
MCOT's average interest rate during 2011 – 2013 equaling to 3.91 percent per annum
Corporate income tax rate of 20 percent
A
= MCOT's total assets as at 31 December 2013 of THB 11,168.04 million
D
= MCOT's interest bearing debt as at 31 December 2013 of THB 331.45 million
E
= A – D
E/A = 97.03 percent
D/A
= 2.97 percent
Return on Equity (Ke)
Ke =
Rf + b(Rm-Rf)
Where;
Risk Free Rate
(Rf)
Beta (b)
Rm
= Zero-coupon government bond yield with a maturity of 25 years as at 19 February
2014 equaling to 4.63 percent per annum. Such period are corresponding with the same calculation period of Rm, which shall be stated later on. Also such long maturity
could reflect investment expectation in different time periods better than shorter term
7
data. (Source: www.thaibma.or.th)
= The variance between weekly market return and weekly return of MCOT's shares over the past 3 years up until 19 February 2014 equaling to 0.91 (Source: Bloomberg).
= The average rate of return on the SET over the past 25 years, a period that could reflect the investment expectation in different time periods better than the shorter term data
(derived from a monthly SET return in the past 25 years up until January 2014)
equaling to 12.26 percent per annum
From the above financial assumptions, the Independent Financial Advisor has calculated the Base Case scenario of MCOT's Net Present Value from the utilization of Digital TV Licenses of THB 1,992 million. Details of the NPV calculation are as follows:
7 Zero-coupon government bond yield with a maturity of 15 years which is the same period of the validity of the Digital Television Licenses equals to 4.32 percent per annum
Cash Flow Generated from Utilization of Digital TV Licenses between 2557 – 2564
| | | | 8 M/ | | | | | | | | | | | | | | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| | (Unit : THB million) | | | | 2015 | | 2016 | | 2017 | | 2018 | | 2019 | | 2020 | | 2021 |
| | | | 2014 | | | | | | | | | | | | | | |
| Earnings before Interests and Taxes - EBIT | | (203) | | (230) | | (5) | | 254 | | 581 | | 733 | | 808 | | 927 | |
| EBIT*(1-Tax Rate) Add Depreciation and Amortization Deduct License Fee Payment Deduct CAPEX | | (162) 212 (1,060) (336) | | (184) 326 (730) (177) | | (4) 367 (635) (332) | | 203 418 (635) (105) | | 465 429 (470) - | | 586 427 (470) - | | 646 414 - - | | 742 364 - - | |
| Free Cash Flow to Firm - FCFF | | (1,346) | | (765) | | (604) | | (119) | | 424 | | 543 | | 1,060 | | 1,106 | |
| Discount Period Discount Factor | | 0.33 0.96489 | | 1.33 0.86678 | | 2.33 0.77864 | | 3.33 0.69946 | | 4.33 0.62834 | | 5.33 0.56445 | | 6.33 0.50705 | | 7.33 0.45549 | |
| Discounted Cash Flow | | (1,299) | | (663) | | (470) | | (83) | | 266 | | 307 | | 537 | | 504 | |
Net Present Value - NPV
1,992
Cash Flow Generated from Utilization of Digital TV Licenses between 2565 – 4 Month 2572
| | | | | | | | | | | | | | | | | 4 M/ |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| | (Unit : THB million) | | 2022 | | 2023 | | 2024 | | 2025 | | 2026 | | 2027 | | 2028 | |
| | | | | | | | | | | | | | | | | 2029 |
| Earnings before Interests and Taxes - EBIT | | 1,069 | | 1,147 | | 1,235 | | 1,333 | | 1,421 | | 1,515 | | 1,590 | | |
| EBIT*(1-Tax Rate) Add Depreciation and Amortization Deduct License Fee Payment Deduct CAPEX | | 855 293 - - | | 918 290 - - | | 988 280 - - | | 1,066 267 - - | | 1,137 267 - - | | 1,212 267 - - | | 1,272 267 - - | | |
| Free Cash Flow to Firm - FCFF | | 1,148 | | 1,208 | | 1,268 | | 1,333 | | 1,404 | | 1,479 | | 1,539 | | |
| Discount Period Discount Factor | | 8.33 0.40917 | | 9.33 0.36756 | | 10.33 0.33018 | | 11.33 0.29661 | | 12.33 0.26645 | | 13.33 0.23936 | | 14.33 0.21502 | | |
Besides, the Independent Financial Advisor has conducted sensitivity analysis of returns on the utilization of the Digital TV Licenses which cover possible changes in the following factors:
(1) Sensitivity on the MCOT's market share taken up between 10.5 – 12.5 percent of total TV advertisement spending, the MCOT's NPV is ranging between THB 1,429 – 2,557 million.
| Market Share | 12.5% | 12.0% 11.5% 11.0% |
|---|---|---|
| Net Present Value | 3,123 | 2,557 1,992 1,429 |
(2) Sensitivity on MCOT's conversion rate between 34 – 36 percent of MCOT's revenue from TV business, the MCOT's NPV is ranging between THB 1,625 – 2,358 million.
(3) Sensitivity on proportion of production and content acquisition cost to total TV revenue between 17.5 22.5 percent of MCOT's revenue from TV business, the MCOT's NPV is ranging between THB 1,514 – 2,470 million.
| Production cost to total TV revenue ratio | 25.0% | 22.5% 20.0% 17.5% |
|---|---|---|
| Net Present Value | 1,037 | 1,514 1,992 2,470 |
From the above sensitivity analysis, the investment in Digital TV licenses shall yield a net present value in the range of THB 1,429 - 2,557 million. Besides, for a base case scenario, the investment shall yield an internal rate of return of 19.7 percent per annum and a payback period of around 7 years.
Form the above calculation of net present value of the investment in the Digital TV Licenses by using MCOT's WACC as a discount rate, NPV of the investment shall be in the range of THB 1,429 - 2,557 million. The investment shall have an IRR of 19.7 per annum which is considerably much higher that MCOT's WACC of 11.32 percent per annum and a payback period of around 7 years. Therefore, MCOT's investment in Digital TV Licenses totaling of THB 4,950 million is considered feasible and reasonable.
4.2. Appropriateness of the Terms and Conditions of the Transaction
4.2.1. Appropriateness of the consideration for the investment in Digital TV Licenses
Since the value of both Digital TV licenses was determined upon rules and regulations set forth by the NBTC in the Notification for License Auction which are applied to all bidders. Also, total consideration of THB 4,000 million (excluding VAT) has also been determined by MCOT's Board of Directors taking into account the expected return from those investments at the determining period. Besides, terms of payment has also been prescribed by the NBTC where it is also applied to all bidding winners. Consequently, the Independent Financial Advisor is of the opinion that price determination for the investment in the Digital TV Licenses is appropriate.
4.2.2. Appropriateness of the consideration for the investment in new assets and improve existing assets
Determination of the consideration to be paid for the investment in new assets and improve existing assets to support the new digital TV business according to a 4-year plan for totaling THB 950 million is made upon MCOT's experience and expertise in TV business. Even though actual investment can vary depending on the negotiation with equipment producers or traders, MCOT has to follow its procurement procedures that are in line with the procurement protocols of typical state enterprises where it shall be controlled by the Office
of the National Economic and Social Development Board and/or the Cabinet. Consequently, the Independent Financial Advisor is of the opinion that price determination for the investment in new assets and improve existing assets is appropriate.
4.2.3. Appropriateness of other terms and condition set forth in the Digital TV Licenses
All terms and conditions in the Digital TV Licenses have been prescribed by the NBTC according to the Notification for Licenses Application, where they are generally enforced with all bidding winners. Therefore, the Independent Financial Advisor opines that all terms and condition set forth in the Digital TV Licenses is appropriate.
5. Conclusion of the Opinion of the Independent Financial Advisor
The Independent Financial Advisor deems that the acquisition of the license to provide digital TV broadcasting services on DVB-T2 via ITU 700 MHz of 2 licenses for totaling THB 4,000 million (the "Digital TV Licenses"), consisting of (1) HD Variety Channel for the amount of THB 3,340 million and (2) SD Kids and Families Channel for the amount of THB 660 million from the NBTC and the investment in new assets in to improve the existing operating assets according to the 4-year plan for the amount of THB 950 million is REASONABLE because from the feasibility study of the said investment for totaling of THB 4,950 million MCOT shall earn an Internal Rate of Return (IRR) of 19.7 percent per annum which is higher that its WACC of 11.32 percent per annum. Besides, the investment shall also yield additional benefits to MCOT or in other words, having an NPV of THB 1,429 - 2,557 million.
In addition, the Independent Financial Advisor opines that rationales and objectives, together with terms and conditions for entering into the transaction is APPROPRIATE because entering into the transaction shall allow MCOT to operate its TV business on a going concern basis. Also, the investment is consistent with the Radio Frequency and Broadcasting Services Master Plan No.1 (B.E. 2555-2559) that emphasizes on the transition from analog TV to digital TV and also specifies that it shall consider canceling analog broadcasting in 2018. If MCOT does not participate in the licenses auction this time, it shall not be able to operate its analog TV business or its current Channel 9 which contributes more than 50 percent of its total revenue in the future. Moreover, entering into the transaction can maintain MCOT's competitive advantages. Even though MCOT's market share is expected to shrink from 18 percent of total media spending budget down to 11.5 percent of the same due to increasing in numbers of players, its new market share is expected to be ranked at the 3 place as it used to be. Besides, terms and condition set forth by the NBTC shall be applied to all bidders.
Therefore, the Independent Financial Advisor recommends MCOT's shareholders resolve to rectify the said acquisition of the Digital TV Licenses.
Shareholders should carefully consider the invitation to the shareholders' meeting and all of its attachments for their determination of the Transaction. However, the decision whether to resolve to rectify the Transaction or not depends solely on the shareholders' own discretion.
We hereby certify that we have rendered opinion on the asset acquisition transaction and the connected transaction above with due care and under professional standards by paying regard to the benefit of the Company's shareholders.
The Independent Financial Advisor
Krungsri Securities Public Company Limited
- Prayoon Deesomboon - - Benyaluck Nakpanit -
(Mrs. Prayoon Deesomboon and Miss Benyaluck Nakpanit)
Acting Managing Director
Supervisor
- Thanasak Boulowpetch -
(Mr. Thanasak Boulowpetch)
Vice President
Investment Banking Department
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2017-03-27T10:46:42Z
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FOR IMMEDIATE RELEASE
Oct. 2, 2015
Department of Public Health
Contact: Daniel Ortiz, Environmental Health Director
Telephone: 910-433-3688
E-mail: [email protected]
Health Department Holds Rabies Vaccination Clinic Oct. 10
FAYETTEVILLE – The Cumberland County Department of Public Health will hold a fall rabies vaccination clinic for dogs and cats on Oct. 10 from 10 a.m. to 2 p.m. in the parking lot of the Public Health Center located at 1235 Ramsey Street. The cost is $10 per animal.
North Carolina law requires that "the owner of every dog and cat over four months of age shall have the animal vaccinated against rabies." In Cumberland County, the owners of dogs and cats which have not been vaccinated in accordance with this law are subject to a civil penalty in the amount of $100.
To remain properly immunized, a dog or cat must receive two rabies vaccinations one year apart, then one vaccination every three years thereafter.
The Health Department holds a series of rabies vaccination clinics annually in April at various locations throughout the county.
"We are excited to extend this additional opportunity for rabies vaccination to pet owners," said Environmental Health Director Daniel Ortiz.
Please keep your dog on a leash. Keep your cats in separate carriers or boxes or leave them in your car. Owners may be held responsible for their pets and for any damage they cause.
The only method of payment accepted is cash. Please bring exact change to pay the cost of $10 per animal. Please do not bring rolled coins. Checks will not be accepted.
For more information, call the Environmental Health Division of the Cumberland County Public Health Department at 433-3660.
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Viale delle Terme di Caracalla, 00153 Roma, Italia Correo: [email protected] Fax: +39 0657056347 Teléfono:+39 0657053554
Our Ref.:
GB6 -033 – ACSU (2) – Observers
23 January 2015
NOTIFICATION
Second Meeting of the Ad Hoc Technical Committee on Sustainable Use of Plant Genetic Resources for Food and Agriculture
Rome (Italy), 2 – 3 March, 2015
Participation of Observers
Dear Madam/Sir,
I have the pleasure to make an announcement regarding the participation of Observers in the Second Meeting of the Ad Hoc Technical Committee on Sustainable Use of Plant Genetic Resources for Food and Agriculture (ACSU).
As in the first meeting of the ACSU, held in Rome on 8 and 9 November 2012, the decision to admit Observers will be taken by its members after the election of the Co-Chairs.
The Secretariat has been receiving requests by different stakeholder groups, in particular Non-Governmental Organizations which would like to attend the upcoming meeting of the ACSU as Observers. They are asking if they can be admitted or not in order to reserve their travel and accommodation.
In order to facilitate the participation of each interested stakeholder, the Secretariat will need to receive their requests no later than 6 February 2015, in order to ensure that the appropriate arrangements can be made, including in relation to registration to enter into the FAO's premises. Such requests should be addressed to [email protected].
The Secretariat will forward all requests received to the members of the ACSU. If there are any objections by the members of the ACSU, the Secretariat will inform the respective stakeholder accordingly.
Observers from Contracting Parties should copy their National Focal Point or the permanent representation of their country to FAO. Should further issues arise or further potential clarifications become necessary regarding the participation of Contracting Parties as Observers, the Secretary will take the liberty to approach the permanent representations in Rome.
The Governing Body has not envisaged funding to support the participation of Observers to the ACSU.
For any query or request for further information, please contact the Secretariat of the International Treaty at:
Dr Shakeel Bhatti Secretary International Treaty on Plant Genetic Resources for Food and Agriculture Food and Agriculture Organization of the United Nations 00153 Rome, Italy
Tel: +39 06 5705 3441
Fax: +39 06 5705 6347
[email protected]
Please accept, Madam/Sir, the assurance of my highest consideration.
Dr Shakeel Bhatti Secretary International Treaty on Plant Genetic Resources for Food and Agriculture
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Contact Information:
Kona Brewing Company 808-334-1133
FOR IMMEDIATE RELEASE SLACK KEY ARTIST MAKANA ENTERTAINS AT KONA BREWPUB
Kailua-Kona, Hawaii's Big Island — Slack key guitar superstar Makana will dazzle Kona Brewing Company guests with his musical prowess on Sunday, September 3, from 5 to 8 p.m. Makana is a special guest at the brewpub's Sunday Sunset, coming directly from the Big Island Slack Key Guitar Festival planned at the Sheraton Keauhou Bay Resort earlier in the day.
The Slack Key Guitar Festival profiles Makana as one of the youngest slack key artists who is admired for his energy, finesse, creativity and technique on the guitar. His first CD release, entitled "Makana" (meaning gift), is a reflection of the energy and creativity of this "gifted" artist. Makana has released two additional CDs, "KoiAu" and "Ki Ho'alu," and all have received great reviews. A protégé of the late Sonny Chillingworth, Makana's style is reminiscent of such great artists as Cat Stevens and Arlo Guthrie. He personifies the direction of slack key music in this new millennium and ensures it a definite spot on the world music scene.
Kona Brewing Company is a sponsor of the Big Island Slack Key Festival and will celebrate slack key music throughout the month at its Sunday Sunsets: John Keawe will play September 17 and Nick Borho will entertain guests September 24.
For more information visit www.KonaBrewingCo.com or call 334-1133.
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A New Look at the Efficient Market Hypothesis
Peter L. Bernstein he efficient markets hypothesis stirs strong partisanship, but most of the debate is over the empirical evidence. I maintain that the real problem is with the theory.
Eugene Fama admits that the extreme version of the efficient markets hypothesis — that security prices fully reflect all available information — "is surely false...[but] it is a clean benchmark that allows me to sidestep the messy problem of deciding what are reasonable information and trading costs" (Fama
T [1991, p. 1575]).
information," then there are zero lags, zero doubts, zero second thoughts, zero proprietary information. The prices that result from new information are the correct prices. The prices that investors set are equilibrium prices that will have no reason to change until the next piece of information arrives on the scene. This aspect of the matter, it seems to me, is the real snarl in the hypothesis.
Even within the context of that problem, however, the hypothesis nestles in its core a messier difficulty.
The reality that thousands of individuals in the capital market spend so much time in gaining access to information, in evaluating the information, and in translating the evaluation into investment decisions must suggest that the marginal benefits of acting on information exceed the marginal costs. This reality is inconsistent with the minimal marginal benefits set by the efficient markets hypothesis. Trading volume itself is a reminder that investors constantly fail to find all available information fully reflected in stock prices. Either the hypothesis has an inherent flaw, or Wall Street and its customer base are in truth totally irrational.
Is there such a thing as an equilibrium price in the real world? Equilibrium means a state of rest in which nothing moves unless and until some force from outside the system arrives upon the scene. Equilibrium is the ultimate destination to which cause and effect are leading. Once equilibrium is reached, the cause has exhausted itself, and the effect is complete; by definition, everything is now in balance and stands still.
Nothing in life stands still! Equilibrium is a state of nature that can exist only in the absence of uncertainty, only in a static rather than a dynamic environment, only when agents make decisions on the basis of perfect foresight. If disagreement or imperfect or incomplete information exists, the price cannot stand still, and there is no equilibrium. Yet that is the quality of all the information we have to process. Once the future is the least bit cloudy, equilibrium vanishes.
Let us consider what the "clean benchmark" demands of the marketplace. If, to take Fama's words once again, "security prices fully reflect all available
If we replace equilibrium with uncertainty as a description of the world, we can see that the return to gathering and interpreting information just might be
Copyright @ Institutional Investor, Inc. All rights reserved.
high enough to justify the risk of spending the effort. You can I can disagree about the future, and your guess may well be as good as mine. None of us can ever be certain that we are right, but we can develop some confidence that we understand the situation better than others understand it.
REFERENCE
Fama, Eugene. "Efficient Capital Markets II." Journal of Finance, Vol. XLVI, No. 5 (1991), pp. 1575-1617.
Single answers exist only in novels and Greek drama. Once we recognize that there is no such thing as the single answer in real life, the hope of a return to analysis is a valid hope, despite the risks that we must accept along the way. Faint and fuzzy as the alphas may be, active management turns out to be a rational way for investors to take risks and a productive way for professionals to earn a living.
REMINDER
Please remember that you, our readers, will select the winners of the annual Bernstein Fabozzi/Jacobs Levy Award. Please continue to keep track of your favorites in each issue of the Journal of Portfolio Management. We value your judgments.
Copyright @ Institutional Investor, Inc. All rights reserved.
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2 Queen beds, harbor view
Bring the whole family to this spacious suite, designed to be roomy enough for four. Enjoy the open seating area and beautiful views.
Room amenities include free Wi-Fi, 32" flat screen HDTV with Dish Network, telephone with voicemail, mini-refrigerator, microwave, coffee maker, room safe, alarm clock, iron and ironing board, and hair dryer.
{quickgallery}h4{/quickgallery}
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1 / 1
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|
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March 2016
KEY DATES
Practice Monthly Call
- April 15th
- May 13 th
Peer Consultation Call
These calls are designed for us to be able to support each other in our community work and gather new ideas! RSVP: [email protected]
The Practitioner Connection
The Practitioner Connection was selected as the newsletter name by the membership on the February call. This March issue features Bill Berkowitz and Tabitha Underwood in the member spotlight. Also, the March hot topic, new member spotlight, and updates are included. If you have other ideas, let us know!
Welcome New Members
We are always excited to have new members who bring fresh ideas and perspectives. Let's give a warm welcome to a few of our newest members! Please reach out to them and make them feel welcome!
Julian Hasford, Ph.D.
- April 8th
Postdoctoral Fellow Waterloo, Ontario, Canada Practice Interests: Community Mental Health, Anti-Racist Community Organizing, Youth Engagement Email: [email protected]
- May 6th
February Meeting Recap
- The February call began with a recap of the annual strategic planning call in January.
- To continue the conversation of the January call, a Welcoming/Recruitment Brainstorming team was formed.
o The team will share updates with us on the March call.
- Membership reported liking the format of this newsletter!
- The SCRA Community Grants Program has received funding for the sixth year!
o The 2016 Grant Year will begin on April 1st!
-
The March Hot Topic will be: Accessing Professional Resources. This is a topic that membership brainstormed on the February call. Members will share the creative ways they are able to access resources particularly when working outside of academic settings.
-
Reminder: SCRA Early Career Interest Group Call (Wed 3/23; 4PM Eastern Time; Conference Line) contact Ben Graham (co-chair): [email protected] ([email protected]) or Ashlee Lien
- Find the full February minutes online: http://scra27.org/what-we-do/practice/documents/
Hot Topics
Practitioners we would like to use this space to identify hot topics in the news that we should be discussing as a council. Each month the call will designate time (15-20 minutes) to discuss a hot topic that was selected by members. Topics can be about the community psychology field (social justice issues such as gun control, voting rights, etc.) What topic should we discuss in April?
Tell us here: http://goo.gl/forms/pfCk1xWVpc
Member Spotlight
This is a new feature to recognize all of our amazing members. We hope to soon have a Member Spotlight coordinator, until then members will be randomly selected for a highlight throughout the year.
Tabitha Underwood
Bill Berkowitz
I currently live in Springfield, MO and serve as the Executive Director of Missouri Campus Compact. I have worked in the nonprofit, government, and higher education sectors to foster community engagement
and prepare students for leadership within their communities. I hold a Bachelor of Science in Psychology from Indiana University and a Master of Science and Doctorate in Psychology (Community Psychology emphasis) from North Carolina State University.
Description of Work
Missouri Campus Compact (MOCC) is a state affiliate of the national Campus Compact organization. It is a membership association of college and university presidents established to promote the civic mission and public purpose of higher education. In this role, I work with higher education institutions across the state to strengthen their community engagement endeavors and build partnerships with the communities in which they are located. Our office provides best practices and resources in engagement to all of our member campuses within both urban and rural contexts. We typically work within the areas of service-learning, community service, community-based research, and town-gown relations. Much of my work involves individualized training and consultation and locating resources for our member campuses. Building upon MOCC's strong foundation, I have led the association through a period growth with increased membership, enhanced communication with members, and new opportunities for public scholarship. Having recently completed a visioning process, I am looking forward to continuing along this trajectory in the development of new programming and services to meet the community engagement priorities of our state. I am fortunate to have the opportunity to work with faculty, staff, and administrators across Missouri committed to furthering community-campus partnerships and affecting the civic health of our communities and institutions.
Bill Berkowitz, a long-time member of the Practice Council, has been enormously pleased to see it grow and mature over the years: "What a record of accomplishment, with much more surely to come!"
Bill has taught at UMass/Lowell going back to the 1970's, and has been Coordinator of its graduate program in Community Social Psychology. Since its beginning, he has also been a core team member of the Community Tool Box, where much of his current work involves editing an online chapter on Spirituality and Community Building. As both professional and citizen, Bill has been involved as well in multiple community practice activities on neighborhood, town, state, and national levels – "with plenty more to do, as long as there's time."
Bill is optimistic about the Practice Council's future. "We'll need ongoing participation from our members, but we are smart enough to make that happen. I hope in particular that we can extend our reach and impact to national policy – for what's more important to our national future than to build strong local communities? If we can begin to make such policy impacts – and we can – what a great step forward that would be for us, and for the country."
Practice Council Leadership Team
Kyrah Brown: Co-Chair- [email protected] Olya Glantsman: Co-Chair (EC Representative)[email protected] Jasmine Douglas: [email protected] Alaa AlDoh: Representative to the Website and Social Media Committee- [email protected] Nicole Freund: Recruitment Coordinator- [email protected] Carlos Luis: Past Council Chair- [email protected]
Contact us: [email protected] | Visit us online: http://scra27.org/what-we-do/practice/
2
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MEMORANDUM
TO:
Agency Board
FROM:
Carl J. Stephani, Executive Director
DATE:
December 5, 2012
FOR AGENDA: December 6, 2012
SUBJECT:
Bristol Chamber Economic Development Committee Appointment
On a voluntary basis, Rosie O'Brien Vojtek has met with the Bristol Chamber of Commerce Economic Development Committee to provide coordination between the work of the Agency and the Committee. However, the Committee meets on the third Thursday of the month at 8 AM, and Rosie is not regularly available to attend those meetings.
The Committee has appreciated Rosie's efforts, but both Rosie and the Committee feel that it would be beneficial for the Agency to appoint another representative to the Committee who could attend more regularly. John Pompei has offered to serve in that capacity; and Don Padlo has offered to serve as an alternate. Because of prior commitments, neither John nor Don will be able to meet with the Committee for the first quarter of 2013; CCRPA staff will attempt to fill that gap as much as possible. On that basis, it is my
RECOMMENDATION
that your Board
Appoint John Pompei to serve as the Agency representative to the Bristol Chamber of Commerce Economic Development Committee with Don Padlo as his alternate.
|
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|
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Subsets and Splits
Filtered Food or Drug Texts
Retrieves entries with a token count less than 17000 that contain either '식품' or '약품', providing basic filtering of the dataset.
SQL Console for HuggingFaceFW/finepdfs
The query retrieves all entries containing both '에너지' (energy) and '자원' (resource), providing a basic filter but limited analytical value.
SQL Console for HuggingFaceFW/finepdfs
Retrieves records with a token count less than 10,000, providing a basic filter on the dataset.
Filter Short Kor Hang Test Docs
Retrieves records from the kor_hang_test dataset where the token count is less than 6000, providing a basic filter of the data.
Select Short Kor Hang Test Docs
Retrieves records from the kor_hang_test dataset where the token count is less than 5000, providing a basic filter of the data.