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May 14, 2008, 11:55 AM
Post #1 of 11 (7253 views)
Registered: May 14, 2008
Posts: 2
Fresno Dome & Peregrine Falcons
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I'm new to this forum and was hoping to get some information about the Fresno Dome Area. Last Sunday my son and I walked to the base of its south face to view the Peregrine Falcons (from a distance of course). I was shocked to find climbers on this area of the dome. 2 climbers were on their way down from a climb and asked if they had viewed the bird. One of them was not happy but agreed he was in the wrong. As we walked along the base of the south face we witnessed 2 women with many dogs. I believe they had about 3 to 4 dogs. The dogs where barking and making such a nuisance that the Falcons where in flight directly above these 2 ladies. The 2 women seemed to not care about the Falcon's presences and continued to climb.
I'm not sure what can be done but nothing is posted about this area. Can someone tell me where I can find more information about closures on this dome? I have already contacted the Dept of Fish and Game about this incident and have been told I should fill out a statement to send in. The ranger told me about how they are trying to close down this area through the Migratory Treaty Act. He also said that he will begin sending patrols up to the base to help educate and warn.
Any info would be appreciated.
May 17, 2008, 5:39 PM
Post #2 of 11 (7164 views)
Registered: Aug 13, 2002
Posts: 2450
Re: [pnixon] Fresno Dome & Peregrine Falcons
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Don't hold your breath. Fish & Game is a State agency and Fresno Dome is on Federal land. The wheels of cooperation turn slowly based mostly on funding. CA is in the midst of a budget shortfall so don't expect any movement there. If you are so inclined your best bet would be to pursue an educational campaign at the climbing shops in Fresno and in the Valley.
May 19, 2008, 10:44 AM
Post #3 of 11 (7076 views)
Registered: May 14, 2008
Posts: 2
Re: [oldandintheway] Fresno Dome & Peregrine Falcons
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Fish and game is a state run agency and yes, I did run into a dead end. But the F&W ranger told me to contact the DOI. The DOI has ultimate control of this tract of land because it is Fed land. Under this initiative they can respond and follow up.
According to the woman I spoke with last week she wants me to fill out an incident form/report for her to submit for follow up on the Fresno Dome area. According to her they have regional (DOI) representatives who will go and view certain area's and if follow up is deemed nessessary then closure would ultimately occur. Now how long that takes is anyone's guess.
Thanks for the response.
Jun 17, 2008, 1:08 PM
Post #4 of 11 (6718 views)
Registered: Oct 20, 2003
Posts: 63
Re: [pnixon] Fresno Dome & Peregrine Falcons
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I just noticed this thread from last month.
Thanks for bringing up this concern, since climbers should not disturb nesting falcons.
What you should do is talk to Charlie Boas email@example.com about what to do in this particular case.
This same situation has arisen dozens of times before at various climbing crags across the country,
such as Yosemite, Pinnacles, Oregon, Arizona, etc.
The falcons need only a limited seasonal buffer zone until the young have fledged and climbers need to be educated about that. If you know the specific nearby routes, then you can get that info listed at the Access Fund website.
http://www.accessfund.org/cons/raptors.php and http://www.accessfund.org/access/index.php
and websites such as the Southern Sierra Climbers http://www.southernsierra.org/
There is a new climbers coalition for central california that Charlie is helping to organize.
You can post at other websites like supertopo or
However, I would not just start raising alarm bells at random land management offices. It is quite possible that you will just cause an over-reaction and get the entire crag closed. Most likely only certain routes need to be avoided. You might be able to post signage at the trailhead or the base of the routes. Sometimes the land managers are afraid to post signage since it is possible that would even attract criminals who purposely disturb or steal birds. But the tradeoff is probably in favor of signage where there are already enough uninformed visitors and climbers.
Peregrine falcons populations have recovered from the low levels of 30 years ago, and they were removed from the Endangered Species Act in 1999.
The Migratory Bird Treaty Act (MBTA) was written to stop actual take and commerce in birds. It has little to do with guidelines on not disturbing nesting birds. In San Diego, the Cleveland National Forest has proposed closing entire large crags, overly stretching the authority of the MBTA. Because of this over-reaction, the Allied Climbers of San Diego (ACSD) was formed to push for more reasonable, justifiable limits. It has been a big and ongoing effort. For this season the CNF has agreed to reasonable advisories, as posted at http://www.alliedclimbers.org/raptor_activity.php
An example of good management of climbers at crags with raptors is Pinnacles.
Jun 17, 2008, 8:50 PM
Post #5 of 11 (6697 views)
Registered: Dec 21, 2004
Posts: 57
Re: [td] Fresno Dome & Peregrine Falcons
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I live close to Fresno Dome so this is good info to have. Thanks Tom for your response. It was informative and helpful. I would hate to see a knee jerk closure of the whole crag over this. Like you said, avoiding routes close to the birds should be sufficiant. Fresno Dome sees a lot of tourists who hike to the top for the view. I am sure the birds are pretty used to people by now!
Aug 15, 2008, 5:20 PM
Post #6 of 11 (5937 views)
Registered: Feb 13, 2004
Posts: 92
Re: [td] Fresno Dome & Peregrine Falcons
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I'd like to second TD's response. Especially his point that the Migratory Bird Act is being inappropriatley applied to portecting nesting habitat.
I'd like to add several other points to consider when approaching a governement agency.
First: If this area is on National Forest Lands make sure you have agency recreation people involved early on to help ballance any over reaction by wildlife biologist.
Second: Guard against any quickfix arbitrary closures that are typically pushed by biologist. Push for Access Fund closure guidelines and onsite seasonal response monitoring.
Third: watch out for arbitrary closures that extend to August 1. This is typical overkill. If you look at any Peregrine Management Plan signed in the '90s there will be language hidden somewhere in the document that allows closures to be lifted 2 weeks after the young have fledged or early spring if monitoring finds the eyrie to be inactive. If the area already has a managment plan a simple FOIA request will get you a copy of the document. If you need one email me and I can send you a templet to a FOIA request.
Fourth: Climbing closures that are most succcessful are those where climbers have played an active role in developing the management plan instead of reacting to a management plan, and take responsibility each season for making the information available to climbers, posting closures, and monitoring.
Lastly: Utilize the expereince and expertise available from the Access Fund. They are focusd on this vey issue in other places as well.
(This post was
by iching on Aug 15, 2008, 10:34 PM)
Jun 26, 2009, 8:47 AM
Post #7 of 11 (4099 views)
Registered: Dec 11, 2007
Posts: 3
Re: [iching] Fresno Dome & Peregrine Falcons
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Actually the MBTA "take" clause is what they manage Peregrine closures under... and honestly I'd be careful. It can be a felony, or a 6- digit fine if you are found responsible for a take under the MBTA. A take is not the smoking gun- bird- in- the- back -of your- truck kind of take, but enough disturbance to an active nest can cause a nest failure (if the birds are screaming at you for any length of time, you really should leave), and a nest failure is a take on each of the nestlings in the nest (read: 2 nestlings, two take). I'm not the law, but I know a lot about them- I deal with MBTS and BGEPA every day for workie work.
Jun 27, 2009, 10:25 PM
Post #8 of 11 (4067 views)
Registered: Feb 13, 2004
Posts: 92
Re: [samburr] Fresno Dome & Peregrine Falcons
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Your on the wrong tack. If you want to play the intimidation game realize that "take" is a pretty difficult thing to prove in a court of law. There are nest failures contributable to a lot of other things than disturbance. Can your say "PARTNERSHIP, COOPERATION"
The best way I've found to manage nesting closures in my area has been to:
1) Give climbers ownership and acknowledgement in helping to manage the climbing resources.
2) Get climbers involved with the monitoring. make them a part of the solution rather than a group that wants to kick sand in your face (win-win).
3) Understand what the needs of the nesting pair are rather than setting up arbitrary closures that reduce your credibility. These needs can change from year to year depending on the site and the nesting pair. Closures should be based on the needs of the birds rather than the personality needs of the biologist.
4) Allow access surrounding areas and open the closure 2-weeks after the young have fledged (win-win).
If you need more information on how to developed a science based approach rather than the typical "cut and paste" arbitrary closure approach I suggest revisiting two good guide from the 90s when Peregrine were actually Threatened and Endangered:
Cade, T.J., J.H. Enderson, and J. Linthicum. 1996. Guide to management of Peregrine Falcons at the eyrie. The Peregrine Fund Inc., Boise, ID. http://www.peregrinefund.org/pdfs/ResearchLibrary/Eyrie_management.pdf
Raptors & Climbers (Access Fund, 1997) providing common-sense guidelines for managing climbing activity to protect raptor nest sites. Access Fund 303.545.6772. http://www.accessfund.org/site/c.tmL5KhNWLrH/b.5014009/k.6AFE/Climbing_and_Raptors.htm
(This post was
by iching on Jun 28, 2009, 7:31 AM)
Jul 6, 2009, 6:03 PM
Post #9 of 11 (3939 views)
Registered: Nov 4, 2002
Posts: 414
Re: [pnixon] Fresno Dome & Peregrine Falcons
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This girl with 5 dogs is very much into protecting falcons
She is under impression that her dogs are harmless
You can contact her with your point of view by posting a comment on supertopo or emailing directly
Aug 12, 2009, 7:26 PM
Post #10 of 11 (3723 views)
Registered: Dec 11, 2007
Posts: 3
Re: [iching] Fresno Dome & Peregrine Falcons
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woah- woah- woah, first of all- you're right, I agree, this is CLEARLY the best way to manage climbers and falcons from biology standpoint and climber standpoint. Nothing is more annoying to me as a climber and bird dork than seeing misplaced blanket closures in the non nesting area. However, that usually means that the land managment agency is too strapped to actually watch the birds... isn't it amazing how many land managment decisions are made from behind a desk.....
I recently gave a talk on birds and nesting closures to a climber group and, well, the resposes were a bit surprising. It took a lot more explaining than I was expecting about basic biology and the reasons for a "buffer" for disturbance around a nest at all. With that post, I wanted to highlight why there are buffers and the laws involved. The general theme that I've found with many of my own friends and great folks you meet along the way is that many I was talking to needed more education on bird biology and how "bitchy" wild peregrines (those that have not previously been acclimated to human disturbance, aka the city falcons....) and especially golden eagles can be to disturbance in their territory- that was a new concept and yes, most climbers are totally respectful, incredible folks that aren't that bad at helping out, but I've found that many are in need of a bit more education on the whole thing.
....and about take, yeah, it's pretty hard to prove, but, well, it does happen.... trust me. If you care to discuss THAT more, send me a personal message and I'd love to chat on the phone.... but not appropriate for here.
Yup, of course failures happen for a variety of reasons, but I think it is important to recognize that science based, accurate closures are a necessary part of keeping this and all species around and making more babies, and in my opinion, ultimate respect should be paid to appropriate climbing closures- it's often up to climbers to respect these closures for what they stand for, not the potential litigation involved- APPROPRIATE climbing closures should afford enough climbing around enough space for these birds to make it through the season without more stress.
Jan 22, 2010, 6:36 PM
Post #11 of 11 (3449 views)
Registered: Feb 13, 2004
Posts: 92
Re: [samburr] Fresno Dome & Peregrine Falcons
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Unfortunately "appropriate climbing closures" and "professional judgements" made by armchair or untrained biologists are not inclusive. To often there is little if any accountabilty for profesionallism by decision makers who appear more interested in receiving "quick answers" than sound decisions grounded in science.
Too often as in the case of current climbing closures in Oregon's Menagerie, these closures have become too excessive; exceeding even their management plans from the 1990s at a time when Peregrine where actually threatened. These excessive restrictions are all too often based on determinations by biologists with little training and little accountability for the validity of their "opinions".
Tom Cade touched on this departure from management grounded in science to one where biologist have become more focused on the enforcement of arbitrary restrictions when he included Willison Shor's "'Operation Falcon' and the Peregrine," in Cade et al. 1988. "Peregrine Falcon populations their management and recovery," by the Peregrine Fund.
These excessive closures and strong arm tactics have lead to a severe breakdown in both respect and communications. In the case of the Menagerie closure climbers have taken it upon themselves to monitor and determine when the young have fledged with a self-determined end to the seasonal restriction within the framework of the Districts current Peregrine Mgt Plan for the area established in the 1990s (2 weeks after the young have fledge).
Which leads to another issue: As we will see with the current crises with the rapid decline in bat populations, nationally we will all error towards anything we can to help insure recovery. Management plans will be quickly written and adopted. Each plan will be cut and pasted from another with perhaps an appendix added to more clearly define local conditions. Because we are in crises mode there is little oversight to the integrity of each plan.
The Peregrine mgt plan at the Menagerie is a good example where poor oversight in the 90s when it was written lead to a document that has conflicting restrictions in closure dates. In Western Oregon we tipically see our eyries fledging between June 15 and June 30 in the lower elevations and between July 1 to July 15 in the higher elevations.
At the time it the Peregrine mgt Plan for the Menagerie (the Moose Creek Mgt Plan) was written, the arbitrary cut-and-paste annual closure date for the forest service was Jan 1 - July 31. For BLM documents it was Feb 15 - July 31. So regardless of where you are in the country you will most likely find these arbitrary period in the document. More specific quidelines from researchers was for a closure from March until 2 weeks after the young have fledged the eyrie, or early June if the eyrie was found to be inactive. The Menagerie Plan contains this language as well. It also includes an appendix with clearly says that the closure will be opened in June when determined inactive, or if active the closure will open and climbers notified 2-weeks after the young have fledged. Unfortunately this discrepancy has lead to personality based restrictions rather than restriction grounded in the best available information, so that the current biologist defaults to the most arbitrary and restrictive interpretations.
The other thing that will happen with each cave mgt plan in the case of the bat crises, is that the closures will be designed more for ease of enforcement than for biologic need. In the case of access closures into the Menagerie, this closure has been extended far beyond anything I've seen elsewhere. At the time Peregrine experts where recommending closures take into account areas were visible from eyrie ledge and within a defined "primary" zone. Closures were then expanded to a relatively arbitrary "secondary zone" of closure. In the case of the Menagerie the secondary closure zone has exceeded even the watershed boundaries. In the 1990s while we were in the beginning stages of Peregrine recovery, Kathy Pyke put together a manager's guide to managing Peregrines in climbing areas. This document is still available through the Access Fund and remains valid today.
No one knows if there is actually anything we can do to save the bats. We are in a true crises today with bats as we were in the 70s-90s with the Peregrine. The closure you get to the issue the more you are willing to accept any solution that might make a difference in their turn around. The only thing that keeps us grounded during these periods are the researchers as they struggle to figure this all out. With Peregrine it was Cade who helped ground the discussion. Cade (Peregrine Fund) saw that biologist who managed closures where often more focused on enforcements than on the actual recovery requirements. In the Introduction to Cade et al. 1996. 'Guide to management of Peregrine falcons at the eyrie', Cade writes "Some may be tempted to think that because it was once an "endangered species," the Peregrine Falcon will henceforth always be required intensive management to maintain its numbers, but we do not agree." He goes on to say that once the breeding population has reached environmental carrying capacity, monitoring and some regulation of human activities around eyries are all that should be needed Peregines.
But what happens when there has been a successful recovery? What does it take to move these over restrictive management plans that we were willing to accept under crises to a more acceptable level based on needs. Seasonal closures of eyries is a real need and should remain an important issue for all climbers because it is a key component to protecting our climbing environment. However, the continuation of arbitrary obviously over restrictive antiquated closures, continuing to be enforced with strong arm tactics, treats, and exclusion in the process continues, the more will be the breakdown in communication between land managers and their publics. The more the breakdown in compliance.
The fact is that Peregrine populations have recovered to the point where there are now birds waiting in line for available ledges causing less desirable ledges and locations to be occupied. States and the USF&W are again issuing falconers permits to remove young from the nests to be used in that market.
I'd like to emphasize, land managers and managing biologists that are failing to addapt to this changing environment are neglagent and doing us all an extreme disservice. I feel stongly that it is important for climbing activist to insure reasonable and respected management is addopted and made known in their areas. Ideally, such efforts would be made in cooperation and partnership with management agencies. The ideal would be where climbers and biologist communitcate and work closely to monitor and educate climbers on closures, and where closures are adjusted as needed, such as in Western Oregon on the Umpqua NF. However in areas such as Oregon's Menagerie where there has been a breakdown in communication and respect; where every statement that comes from the district biologist is arbitrary & capricious, libelous (if many of the statements she has made were ever to become public), it is left to climbers to educate, monitor, and self-manage their areas.
Finally, if you are already actively monitoring your local eyries be aware of a trend that maybe occurring. At least I think I'm seeing it at one of our climbing area eyries. With permits for take being issued to falconers there may be an issue in eyries with easier access to be targeted by falconers for remove chicks so that they are being hit each season. Ideally chicks would be removed from alternativing eyries. At the one eyrie I'm concerned with, it appears that Peregrine presence at the climbing area has been negatively effected for the past two years in a row. I'm hoping this does not become a trend for the area. I'm not seeing this trend in our other climbing areas where the eyries are less accessible to falconers.
(This post was
by iching on Feb 1, 2010, 10:07 AM)
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It makes me realize that when someone asks me how many calories they should consume to lose weight, which people ask me ALL the time, that I REALLY can't answer that question with any kind of accuracy. I can certainly make an educated guess, and that's about as much as I can do!
bodybugg®'s armband calorie/mataboism monitoring device this is actually accurate! That's huge! Since I've started preaching about it's many benefits, I've had many "heart rate monitor" owners ask me how it compares. No comparison. Its like the difference between meeting with a personal trainer one hour a day and having one with you 24 hours a day. World of difference!
To lose weight or gain weight it really comes down to calories/energy in and calories/energy out. Create too much of a deficit for prolonged periods and the result is a metabolism that slows. There are sooo many factors that determine the number of calories you burn in one day, genetics, muscle composition, height, weight, age, dieting history, exercise intensity, type of exercise, hormones… you name it! This device takes the guess-work out!
Create a deficit of 500 calories per day, report your calories on the web based food log accurately and when compared to your bodybugg data (which is proven to be 90% accurate or better) the result is a weight loss of 1 pound per week. Period. Done. End of story.
I tested it myself. I strapped my on my arm. Filled out my on-line questionnaire, religiously recorded every calorie and monitored my calories burned with the data collected on my device. I set a goal to lose 3 pounds in three week. (I'm short! Three pounds makes a difference in my line of work ;) I applied the weight loss formula to lose a pound a week, i.e. 500 calorie deficit per day. I created an average daily defceit of between 500 and 600 calories and BAM…a pound a week, 3.5 pounds total in three weeks and it had never been so simple! (I never had so much fun eating!)
Here's the beautiful part….the food log! It actually breaks down the amount of carbs, proteins and fats you need each day and tells you where you're off! That was huge for me! That's a lot to try to calculate in your head. With the web based program it does it for you. Just by making some minor tweaks, I was able to drop my body fat at the same time!
bodybugg® armband is necessary. The digital display is highly recommended, but not necessary to operate the system. The current bodybugg®' is the third generation device. It is 50% lighter, 40% smaller and 20% thinner. The signal it sends to the digital display is apparently much stronger than original versions. Basically you just need to be with 5 to 10 feet of it to find a signal. Occasionally it loses connection, which you re-sync very simply by pressing a button on your armband.
The digital display measures minutes of activity, steps, calories burned today since 12 am, during your current workout and even shows you your previous day's calorie burn. It also contains a new rechargeable battery. The battery re-charges like an Ipod, when you plug it into the USB port of your computer! Yay!
In my opinion the invaluable information is when you're able to see minute by minute, step by step, activity by activity, hour by hour what your body is burning. That can only be done on the bodybugg web based program. The program is MAC and PC compatible. True, the web based data does require a subscription, but the cost is nominal (less than .25 cents per day when you buy a year at once!) AND great news.. you'll get 6 months free and a 45 minute phone coaching session with your purchase (current promotion).
Website subscription pricing:
Online subscription renewal fees are: $9.95 for month to month, $49.95 for 6 month and $79.95 for 12-month.
This is outstanding when you see what this program can do! You also receive a personal coaching session and access to Apex's customer service. I had a bazillion questions and their customer service team has been 5 Star!
Kim Slover at bodybugg tells me a mobile application of the website is in the works, so you can track your food intake on your phone.
Now, as someone who loves QVC and has been a guest on several occasions, I can tell you that the reason I love shopping with them is because they give you the "anti-sell". In other words, they tell you what the product won't do. In much the way I would tell my girlfriends the things I see at "negatives" about the product. I will do the same for you! I would lose my credibility as the self-proclaimed "Hot Product Go To Girl" if I wasn't honest about the few features I wish I could change…
1. The armband strap.
It's very comfortable and you don't even feel you're wearing it. But at first I was like, "Oh hell no! I'm not messing up my cute outfit with this big black strap on my tricep." Certainly nothing a few rhinestones couldn't cure as you can see from the photo at the top of my blog. Your package will come with two sizes. Bret and I both got one, so we swapped sizes. I gave him my large and he gave me his smaller band. Yes, it's very sporty and basic, but it doesn't have to be! ? In fact, I'm working on having a couple blinged out designs mass produced and sold on our website at http://www.turbokick.com for those of us who want something a bit more fashionable! Standby!
Second, after about a week of wearing my arm band I realized the "ripe" smell was coming from my arm band. Duh! I don't know what I was thinking, but obviously if you're sweating, sleeping and wearing this thing as much as I was the first week, it starts to smell a little, shall we say… "funky". Again, easy fix…hello…soak it, dry it, wear it! Of course I also bout several replacement bands so that I had several to match different outfits and I really had some fun creating different looks on each armband! Crafty fashion fun.
2. Web based food log. I have to say entering the food the first week was a pain in the butt. To do it right, you really need to know the nutritional facts of everything you consume. This takes some time and it seems their data based doesn't identify items that should just be in their system. Again, I talked to Kim Slover about this. She acknowledged the systems short-comings and happily informed me that they are expanding the data based expedentially in the coming months for greater ease of use! Here's my tip: During your first week, keep a small journal with you. Record calories, service size in ounces or grams, fat, protein, sodium, calcium, carbohydrates. This way you will have it all at your finger tips each day when you sit down and enter your food consumption. AND LET ME TELL YOU….accurracy is the key! When people don't record or write down their calories, on average they UNDERESTIMATE their calories by as much as 40%!
Another tip: When entering your food log… You can go through every single meal and actually enter what you at for breakfast, then skip to am snack, then lunch, pm snack, then dinner, etc. Time consuming. Instead, record all your food on a note pad or journal. At the end of the day enter all of your food as if you ate it for breakfast. The system doesn't care when /where you enter your calories consumed. This makes entering food much, much faster. Then the next day, around dinner, I click on breakfast from the previous day and just one line at a time click on any item I've consumed that day. I recommend you do this in the evening before your final meal. That way you can look at what you've burned, what you've consumed and have some idea of how many more calories you can allow yourself and still reach your health and weight goals.
3. Obsession. Admittedly I do get obsessed with new toys and gadgets. The bodybugg® has a grip on me. I find myself wanting to buy them for everyone I know. But I've also learned that when you "give" people valuable items, they lose their value and importance. (That another blog) But I am totally head over heals for this thing. It's just fascinating! My wheels are turning! I really think every kid in America needs to be wearing one. I think that we could save Billions on healthcare if we made bodybugg®'s mandatory! I'm obsessed. I suspect it will be a healthy addiction once I get used to this, but at the moment (on my fourth week of wearing it) I can't stop checking my digital display! I find myself trying to avoid, "inactive" time and admittedly there were a few days that I just pushed myself to see how high I could get my calorie burn in one day and really enjoyed all those extra calories I was able to consume (and still hit my weight loss goal)
Also, you don't really have to wear the armband while sedentary (sleeping, showering, returning e-mails, writing blogs). Yet, every time I took it off, I sorta felt like I was disconnecting myself from a life support machine. I think I was holding my breath to take a shower. I speed-washed my hair, lightening fast body scrub, dried off like the house was on fire, strapped that thing back on and gasped for breath! Geeesh! Calm down already! I'm laughing thinking back on it now. Funny.
Current promotion through June 30th is about a $100 savings!
$249 with armband and digital display!
To purchase please click here: www.24hourfitness.com/training/bodybugg/
Enter my discount code and earn an additional $15.00 off the price of your purchase! All lower case: bbgcj24
3 comments:
- Trainer T.s Fitness said...
Thanks for reposting this reveiw.
I did get the bodybugg and am going to get the online program to start using it.
- Lisa said...
I would LOVE the bodybugg, but alas, they are anti-Canadian, at least last time I checked a year ago. Sometimes I am SO jealous of Americans, so easy to get stuff like this and here in Canada, not so much. i can get the hardware no problem, but I need a US address to get access to the web software. So, I had to go with my second choice, the heartrate monitor, I am a gadget-geek as well, I just ordereed the Polar FT7 to compare with the Timex Ironman I have. But I do dare to dream that someday, I too will be able to purchase and use a bodybugg.
- scrow62 said...
Someone mentioned that when you have the BodyBugg off for a day or two and it still shows up with around 1600-1700 calories burned.What is that about? Do you know? Also they said that when they did weight lifting it didn't show much calories burned. Why? I am thinking on getting one.


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EA didn't disappoint its fans with Android Smartphones and has brought in the most awaited game in the NFS series, NFS Most Wanted. The game has spectacular graphics and amazing game play. Any gamer must know the disadvantage a Mobile device has to a console, the handling of cars isn't as precise as you would experience in a console. Hence playing games like NFS Most Wanted can become a tedious task. To reach from zero to most wanted can be a rather long task. Some Gamers want to play the game for the fun and not wish to complete the entire game again on their Android Device.
Note: This will work only for NFS Most wanted version 1.0.46
This is a tutorial to get 100% Completed Game. The Hack includes the following:
- Career completed
- Most Wanted no. 1
- All races gold (Including Veyron HOT RACE)
- All cars unlocked and purchased. (Including the New Pagani Zonda & Marussia B2)
- Lots of money.


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I can't cook. Please help.
I am a really bad cook and I have a family that I have to cook for. I only know how to make a few things, so it seems like we are eating the same thing every week. Any one have...
Started by Iva on 04/05/2011 in Kid-Friendly Recipes
Last update on 11/03/2013 by Nancy


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We have added an additional restaurant to our protest schedule. We have requested several times to meet with the owners of Quinn's Pub, and they have not returned our correspondence, so we will begin protesting their sale of foie gras as well. We will meet, as usual, at Lark, 926 12th Ave E on Capitol Hill at 7pm, and then migrate over to Quinn's Pub, located at 1001 E Pike St at 8pm. We hope to see you there!
Foie Gras Campaign Update:
At Friday night's protest, NARN's president had a long conversation with one of the owners of Lark, which continues, despite receiving educational materials about the cruelty inherent in foie gras production, to serve the dish. She mentioned that she is tracking correspondence she receives about foie gras, and that Lark currently receives more pro- than anti-foie gras phone calls and emails. We know that this does not reflect public opinion generally, as a recent Zogby poll found that nearly 80 percent of likely voters in the U.S. believe that foie gras production should be outlawed.
Since Lark is taking the public's reaction into account in continuing to serve foie gras, please contact Lark and let them know that you would like to see them remove it from their menu. Taking two minutes to do this will really make a difference for the ducks and geese who are force fed to create this cruel product.
Tel: (206) 323-5275
Email: firstname.lastname@example.com
If you can't make the protest, please call or email Quinn's and ask them to remove foie gras from their menu.
Tel: (206) 325-7711
Email: firstname.lastname@example.com
In other foie gras news, the San Francisco Board of Supervisors passed a resolution last week supporting restaurants that removed foie gras from its menu. For more information about foie gras factory farming, please visit: gourmetcruelty.com and nofoiegras.com. Email email@example.com with any questions.
On a wonderfully sunny day we bailed hay and scooped poop, occasionally stopping to rub pigs' bellies while they moaned in delight.
It was hard work, but it rejuvenates the activist's soul to spend time with healthy, happy pigs who get to live as they wish.
NARN's Pigs Peace Volunteer Days are the first Saturday of every month. Space is limited, so RSVP early!


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Over the years, USA Technologies has made continual innovation and customer service the mainstays of its offering. The company's management team emphasizes that it consistently strives to increase the value of its services by developing new options for operators. Recently introduced programs include two-tier pricing, and a new cashless payment program that will feature prepaid, loyalty and gift card options is slated for launch in the immediate future. Designed for use with near-field communications (NFC) enabled cellphones or passive transponder tags, it will allow USAT's operator customers to offer cutting-edge services including location-based promotions emailed or sent via text to patrons on their mobile devices; integration into social media sites like Facebook and Twitter; and the ability to monitor and manage customer interaction and campaigns online.
(See article on Two-Tier Pricing)
This new initiative, initially designed for operators with locations receptive to "closed" cashless systems, offers a wide range of opportunities to enhance client relations while boosting sales. In general, the operator and the location management invite personnel to enroll in a program by establishing online accounts. Each member then receives a "tag" containing an unpowered transponder that can communicate his or her identity to a vending machine's payment system using the NFC protocol. This tag can be affixed to the user's mobile phone; it will not be needed if the phone has NFC circuitry already onboard. Patrons establish online accounts for use in loading value onto the tags with a credit or debit card.
PHOTO: USAT's executive team, from left, includes David M. DeMedio, CFO; Cary Sagady, product management and network VP; Michael Lawlor, sales and business development VP; George Harrum, operations VP; Stephen Herbert, chairman and CEO; and Maeve Duska, marketing VP. Featured is original 1996 ePort prototype (on desk) and 2012 model, held by Lawlor.
A mobile application, hosted by USAT, will debit payments from the consumer's account when he or she makes a vending purchase. Consumers could also receive coupons and promotions on their phones through the mobile app and log onto their accounts at any time to track their usage and rewards and learn about the latest promotions.
Since NFC uses the same wireless frequency as the familiar "tap-and-go" cards like MasterCard's PayPass and Visa's payWave, venders already equipped with contactless card readers can recognize the payment medium, and conduct transactions over USAT's network. Purchase histories can be tracked by USAT's servers, to record points and calculate loyalty rewards. The system also may be used to award bonuses under a location's employee incentive program.
USAT was ahead of the curve in bringing contactless technology to vending. When the company started rolling its G8 reader out about seven years ago, it was at the forefront of applying this technology to small-ticket transactions made at unattended self-service retail appliances. USAT now has over 50,000 terminals linked to its ePort Connect Service, able to accept NFC payments -- RFID and mobile -- enabling its operator customers to accept these new forms of payment immediately. The service is designed to be open to all mobile payment platforms, including Google Wallet, ISIS, PayPal and others. Together with the value-added features planned for launch as part of its own mobile platform, USAT is empowering its clients to navigate the changing technology landscape and assure that, no matter what consumers have in their pockets, a machine equipped with an ePort will allow them to make a purchase.
The new initiative is the latest in a series of innovations in the vending and other unattended retail industries that commenced in 1995, when USA Technologies exhibited the prototype ePort at a National Automatic Merchandising Association Expo, mounted on a Dixie-Narco cold drink machine. This was a proof of concept, workable but impractical because of the high costs associated with small-transaction processing and dealing with mid-'90s vending machine control circuitry. The company believed then that the steady growth in demand for wireless applications and consumers' growing demand to use credit and debit cards for small transactions would continue to reduce costs and enhance reliability, so the use of cards for mainstream vending purchases would become practical within a decade. This prediction has proven uncannily accurate.
Following its model of open, flexible turnkey services, USAT plans to supply the prepaid instruments to its vending operator subscribers under the new program. These media could be customized with a brand and logo. USAT also will manage the back-end system, and the company's representatives could assist operators in kicking off the program at their vending sites by meeting with employees to explain the benefits of the prepaid loyalty program, demonstrate how it works and sign them up.
"We've had many requests from operators seeking a proprietary prepaid program for closed environments that they could brand for themselves and their locations," USAT vice-president of business development Mike Lawlor told VT. "It gives the operator a one-to-one relationship with customers, and a means for providing more value to them. It allows larger locations with both foodservice and vending patrons a new and exciting way to cross-promote their offerings."
The new prepaid/loyalty program is the latest step in USAT's strategy of leveraging its versatile managed network and services offered through ePort Connect in innovative ways to provide its customers with a growing roster of scalable business-building services. And operators who make use of ePort Connect can start by implementing remote machine monitoring, using the ePort or a third-party telemeter, to obtain the immediate benefit of real-time access to item-level machine sales data, and add cashless payment acceptance later, if they choose -- or do it the other way around.
"Machines were once remote islands. Now, when a customer's machine is on our network for cashless payment, it gives the operator the capability to access data, and for us to move more value through that connection," explained Stephen P. Herbert, who joined USA in 1996 and took on the role of chairman and chief executive in December following the resignation of George Jensen. "We can support operators with cashless payment capabilities, standalone DEX telemetry or both. They can expand their use of the technology, machine by machine, as they go forward. And they now can take advantage of their network connection by offering their customers a prepaid/loyalty program."
USAT revolutionized vending by making credit cards a payment option with the commercial launch of its flagship ePort terminal, and companion service, more than a decade ago. Today, ePort Connect is a PCI-compliant, end-to-end suite of cashless payment and telemetry services that allows operators of vending machines, kiosks, laundry equipment and other self-serve appliances to wirelessly network the equipment online in order to process credit, debit and prepaid card transactions and remotely monitor machine performance and status online.
Of all the segments that can make good use of these services, including amusements and arcades, kiosks, car washes and more, USAT continues to see vending as a major growth area. Cashless adoption has been increasing steadily in recent years, and has accelerated dramatically since the company's launch of JumpStart in December 2009. The JumpStart program bundles the ePort Connect Service with an ePort terminal for which operators pay a monthly fee; there is no upfront out-of-pocket expense.
"They can now have a simple month-to-month commitment and easy entry to roll out cashless without a big financial risk," Lawlor explained. "It's driven adoption by making it easy for operators and bottlers to get into cashless vending."
Nearly 2,500 customers now are on the ePort Connect transaction processing and reporting service, up from approximately 500 before the JumpStart launch 18 months ago. The number of connected devices climbed from 63,000 in December 2009 to 136,000 today, about 100,000 of which are in the vending market.
Herbert emphasized that while USAT's "one-stop shop" hardware and service solution appeals to the majority of its customers, the ePort Connect service is hardware-neutral, giving operators the option of using third-party, PCI-compliant hardware from suppliers like MEI and Crane Merchandising Systems. USAT also can partner with remote management systems that conform to the vending data interchange (VDI) standard to wirelessly transmit DEX data over its USALive network.
"We're a service business, and we're very interoperable," Herbert emphasized. "We compete with companies like MEI, but we also cooperate with them, since many of our customers use their hardware. We constructed the service to make it simple for vending operators to mobilize cashless without becoming credit card experts, no matter the hardware they prefer to use. Operators basically connect the device, and the money lands in their bank accounts."
Herbert pointed to a convergence of market forces that, together, are increasing the appeal of cashless vending and the opportunity it offers to operators. For one thing, today's consumers increasingly prefer cashless payment, and are becoming more and more comfortable with using credit and debit cards for small-ticket transactions. At the same time, vending operators are looking for ways to reverse shrinking margins, and to meet that card-based payment preference.
"On the technology front, wireless has become more reliable and secure, with better coverage at a lower cost," said Herbert. "In the early days, it cost about $200 for a wireless modem; now the whole device costs $200. When we talk to people nowadays, it's 'When can I get into cashless and how fast?' and it's for all of these reasons."
NFC-based mobile payment is also poised to further push cashless acceptance, he added. "Visa has come into the space as a big sponsor going after the market; this is one of the last opportunities for pure incremental growth for the payment industry," said Herbert. "Mobile payments will further drive and accelerate cashless."
And USAT is positioned to enjoy its piece of that pie, with ePort's ability to accept any form of NFC-enabled mobile payment, from PayPass or Google Wallet to payWave or Isis. "We want our customers to be able to accept whatever lands in their patrons' hands," Herbert emphasized, "We're giving operators a way to address consumers' concern that they might not be able to make a purchase when they approach a machine."
Recognizing the constraints on its early technology in the vending market, USAT decided to devote its initial efforts to launching Business Express self-service business centers in hotels. These are automated mini-offices that allow their users to purchase access to personal computers, copiers, printers and fax machines, using their credit cards. Herbert left PepsiCo to join USAT and help spearhead that venture, which remains part of USAT's business today.
After honing its skill in small-ticket cashless payments with office equipment, USAT circled back to vending in 2000, unveiling its first production-model ePort device at the NAMA National Expo in New Orleans. "It had an interactive touchscreen, which was very leading edge, and it brought cashless payments to the industry for the first time. But the first units were big and bulky and weren't quick," Lawlor recalled. "On the wireless end, it took 12 to 13 seconds to get authorization, compared with today, where it can be just a few seconds." But the forces poised to revolutionize an industry were in progress.
Soon after its industry debut, USAT partnered with Elavon, then known as First Horizon, as its payment processor in order to secure a transaction cost that made the cashless rate structure viable for the small-ticket market. The company also collaborated with IBM to reconfigure its network for Web-based services, allowing customers to go online from any Internet-connected computer to view machine-by-machine payment activity -- in real time, if desired.
A major turning point for USAT and the industry at large came in 2008 when MasterCard began "seeding" the market, investing $7 million in thousands of ePort devices in a bid to get more points of contactless acceptance into the market. USAT, which had shown a prototype tap-and-go ePort at a NAMA show less than a week after the enabling EMV standard was adopted, distributed the cashless readers to bottlers and operators nationwide to help encourage deployment of cashless vending.
"We connected 1,000 machines to our service for The Philadelphia Coca Cola Bottling Co. in just a few weeks, and quickly expanded it to 10,000 machines nationwide," recalled Herbert. "That put cashless vending on the map for the first time. And by that time, we finally had a version that would fit into a bill validator cutout and that was priced affordably."
Today, with some 136,000 connections on its wireless network, USAT has a wealth of cash and cashless sales data in its Cashless Knowledge Base that it analyzes and shares with operators to help guide their success.
"When we set up a machine, we ask the operator what type of location it's in, so we can track how it performs. In addition to using the data to help operators understand the impact cashless and telemetry is having on their own business, we add that information to our Knowledge Base in aggregate, so we can use it to help other operators achieve success," explained Maeve Duska, USAT's vice-president of marketing. "Operators can meet with our deployment planning team if they're moving into cashless or DEX telemetry. We use the Knowledge Base to look at trends in their markets, so they have a good idea of what to expect. Then we visit with them and analyze their sales reports to help them repeat their success, or to redeploy their card readers if necessary. We have a wealth of data to help guide customers to make sure they get the most out of their investment."
The latest Cashless Knowledge Base data shows that there's a 15% to 25% sales lift in some machines that have been equipped for cashless payment acceptance. USAT sales figures also show that customers spend an average of 33% more per transaction when they pay with credit or debit cards -- about $1.49 per transaction, versus $1.15 with cash. Cashless as a percentage of all sales continues to increase, driven primarily by the purchase of higher-priced items and multiple vends, which account for 10% of cashless transactions, according to Lawlor.
"Card acceptance lets operators sell at $1.50, $2, $3," he explained. "It amazes me that vendors are charging $1, $1.10 and $1.15 for a 20-fl.oz. soda, when c-stores are getting $1.50 to $1.70 plus tax, because people are willing to spend more when they pay with credit and debit cards. With cash, sales decrease when the price goes up. With cashless, you can raise prices without losing sales."
He added that operators can receive DEX audit and sales data files through their USAÂLive online reporting and telemetry system at no additional cost, and can use that information to "prekit" route orders to reduce their operating expenses. "Some customers' margins are 7%, 8% or 9% with cashless versus 1.5% with cash only. That has a lot to do with the limits of cash and coin. We're advocating adding credit," emphasized Lawlor.
One trend across the board, according to USAT's Cashless Knowledge Base, is the steady increase in the percentage of sales made with cashless media. Today, cashless represents 25% to 27% of total sales in the overall workplace market. That figure has risen sharply from 15% to 16% a few years ago. In some sectors the percentage is far higher (see chart below).
"That percentage will continue to grow," Herbert predicted. "People are still learning they can approach a vending machine without needing to have cash in their pockets."
USA Technologies credits much of its success over the past decade to its partners, and it continues to seek out collaborators with which to form mutually beneficial relationships. Recent alliances include an accord with Crane Merchandising Systems to become its preferred cashless payment service provider for both new machines and retrofits. "This brings a comprehensive turnkey cashless payment service option to operators by combining Crane's hardware with USAT's network," said Lawlor. "As partners, we both can provide extensive knowledge about the types of locations where cashless has been successful, and jointly take this information to our clients."
The company also partnered with Verizon to accelerate the adoption of wireless small-ticket cashless payment capability and "machine-to-machine" applications through the ePort Connect Service. USAT connects customers to its service using Verizon's wireless network. And Verizon's salesforce, through the co-marketing agreement, promotes and sells USAT's solution to its customers, giving the cashless vending provider a much broader reach into the marketplace.
"By bringing our solution to its clients, Verizon benefits in a number of ways, including increasing its number of connection points, and we benefit by more rapidly building our customer base with more feet on the street," said Herbert.
USAT also recently signed an agreement with Unified Strategies Group (Arlington Heights, IL) to provide the buying consortium's members with cashless transaction processing and DEX telemetry services. USG represents more than 700 vending operations doing $3 billion in annual sales.
The company also is targeting coin-op amusements as another growth area. It recently struck a deal with AMI Entertainment Network to become the exclusive provider of transaction processing services for all of its credit and debit card-enabled Megatouch touchscreen games and all Rowe jukeboxes. AMI uses USAT's ePort software development kit (SDK), which is designed to enable manufacturers of PC-based terminals -- kiosks, gaming systems and online jukeboxes -- to build OEM cashless payment acceptance functionality into their equipment.
The company also has increased its ability to offer cost-cutting solutions to its operator customers through selective acquisitions. One of these was Bayview Technology (Denver, CO), which developed the VendingMiser and similar devices that monitor a machine's actual demand for power and regulate its power supply output accordingly. Another was Stitch Networks, inventor of a hosted internal cashless payment system using RFID fobs that attracted wide attention.
Herbert emphasized that cooperation among industry suppliers is pivotal to the continued increase in cashless payment and telemetry adoption. "We actively encourage providers to work directly together to connect technology in order to deliver maximum value," said Herbert. "We've worked with Crane, MEI and others, and we want to do more in the future. We encourage providers to cooperate more closely to help the industry fully leverage this next generation of technology. If we deliver interoperable solutions as a group of providers, operators will benefit, and adoption will accelerate."
Today, USA Technologies enjoys an 80% share of the unattended small-ticket cashless transactions market. Its point-of-sale terminal shipment volume was ranked 5th among all suppliers in 2010 by the Nilson Report (up from 6th in 2009). The company has been awarded 79 patents.
And the firm's executive team is confident that the future will be even brighter. Business practices are moving in the direction of USAT's core strengths -- the increasing appeal of "cloud" computing and software as a service holds obvious promise for an organization specializing in complex network applications. These trends seem to validate the company's consistent strategy of steadily adding value for its operator clients.
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WAG Art Instructors Celebrated in Exhibition
The Studio Programs of the Winnipeg Art Gallery is the largest of its kind in Canada offering a variety of art classes for people of all ages and levels. Committed to providing excellence in art instruction, classes take advantage of special tours of current exhibitions, creating a link between the art exhibited in the galleries and the art created in the classrooms.
All instructors have degrees and/or diplomas from universities or art colleges. Many have master's degrees or additional certification in education, and most work in private studios.
"Most of our instructors have been with us for many years," says Art Educator Michael Boss, Head of Studio Programs. "They bring to their work a wide range of experience and backgrounds as members of artist-run centres, actors, administrators, and designers. All these skills go into their teaching and their ability to connect with the students, to convey their knowledge, and to bring out their students' artistic best."
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In the United States, we have paved over 160 billion square feet of land simply to provide places to park cars. Recognizing these asphalt areas as opportune places for energy generation, California-based company Envision has created the Solar Tree, a rotating structure that shelters cars while generating energy with photovoltaic panels. The Solar Tree can provide shelter for six cars while charging six EV's each day. Later this year, Envision plans to build 2,300 Solar Trees in South Carolina that are projected to be able to generate 35 megawatts of electricity.
Founded in 2006 by architect Robert Noble, Envision is a San Diego based business that offers a variety of solar technologies. The Solar Tree stands as their flagship product, and is touted as an innovative way to generate electricity while improving the aesthetics of a parking lot. Each Solar Tree can accommodate six cars, and can rotate in order to capture the maximum amount of sunlight. The tracking system is guided by their proprietary EnvisionTrak, and energy is stored in Axion batteries.
The company specializes in installing "solar groves", or large-scale forests consisting of their Solar Trees. Later this year, the company hopes to begin a project in an undisclosed location in South Carolina in collaboration with Horizon Energy Group where they will install 2,300 hundred trees to generate an impressive 35 megawatts of electricity.
"This is a massive and exciting deployment of our products," said Desmond Wheatley, CEO of Envision Solar. "We are thrilled to be working with Horizon on this installation which is ideally suited to our highly engineered Solar Trees. Now we really get to see the value of bringing a modularized and scalable product to market. Our Drag and Drop capabilities make it possible for us to deliver the very high quality that Horizon demands in a highly efficient and scalable manner keeping costs in check but never at the expense of quality. This will be by far our biggest deployment to date and we are ready for it."
Via Good


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Pam Hall thought she'd never see her favorite lipstick again.
"I went to replace it one day after about eight months and couldn't find it," said Hall, the mother of four.
Her brand of choice was discontinued by the manufacturer and was no longer available on store shelves.
"You think they won't get rid of one product but then they come out with a better one that's supposed to be like it, but it's not quite the same," said Emily Rollins, a college student.
The manufacturer changed her favorite lip gloss, and she couldn't find it at any store.
"You stick to the ones you like because of something, something drew you in and that's what you liked," said Rollins.
Cosmetic makers like Estee Lauder know their products have a loyal following, that's why they have a "Gone but Not Forgotten" program. The program makes discontinued products available for up to 24 months after they are dropped from the cosmetic counters. To search for products you can call for up to six pieces, depending on availability, at (800) 216-7173.
Revlon and other makeup manufacturers including Almay and Ultima II are working with Cosmetics And More to provide discontinued products at stores and on the 'net. Lancome, Molton Brown and Nars also sell items on their own websites until the inventory runs out.
Additonal websites have a growing following of shoppers looking for long lost beauty products. Discount Makeup is one site along with Beauty Encounter and Vermont Country Store. One unique site says it will replicate your exact shade and texture of just about any color cosmetic product including blush, eyeshadow, lipstick, concealer and foundation. Three Custom only needs a dime-size sample to recreate a lost product, favorites include Revlon's Naked Pink and MAC Bardot lipstick.
Other sites also offer discontinued cosmectic products such as eBay, Amazon and Overstock but since they are not coming from the manufacturer you need to be cautious about getting older product or makeup that wasn't properly stored or shipped.
Pam Hall searched the sites and was able to find her long lost lipstick. She said she can't believe it was there all along: She just didn't know where to look.


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The Obvious Choice for Charleston Amenities
Snee Farm Country Club is located in the heart of Mt. Pleasant, SC on the beautiful, 200 year-old Snee Farm Plantation. The private club is home to a George Cobb designed championship golf course, a newly renovated clubhouse, a full service restaurant and bar, a fitness room, 18 tennis courts and two newly renovated swimming pools. Members are also privy to a variety of social events including dances, cookouts, holiday parties, trivia nights, live music, kids club and more.
Experience Membership Reciprocity Around the World
Snee Farm Country Club offers traditional memberships, but Dual Club Memberships are also available with RiverTowne Country Club. Both RiverTowne and Snee Farm are affiliated with the ClubCorp network, which grants members access to over 200 private golf and country clubs worldwide.
Charleston's ONLY Dual Club Membership
We are proud to offer the only dual club golf membership in the Charleston area with our sister course, RiverTowne Country Club. RiverTowne features the only Arnold Palmer Signature golf course in the Charleston area, a dual-directional practice facility with chipping and putting greens, PGA Professional teaching staff, a spacious plantation style clubhouse, full service restaurant and bar, member's lounge, men's and ladies' locker rooms and a full calendar of member tournaments and activities.
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Minor Melee
Well, I wanted to put it to bed, but the darn thing just won't go to sleep! Jays pitcher Josh Towers hit Yankees slugger Alex Rodriguez with a pitch in the third inning on Tuesday night, resulting in two bench clearings.
After Rodriguez was hit on the left leg, he started marching toward the mound while yelling at Towers. The Jays pitcher pointed to first base, telling A-Rod to take his base, but New York's third baseman persisted. So, both benches emptied and so did the bullpens.
Toronto veteran Matt Stairs followed A-Rod down the first-base line and was being restrained by Andy Phillips. After things settled down and the players/coaches returned to the dugouts/bullpens, Rodriguez walked off first and started yelling at Towers again. Jays first baseman Lyle Overbay blocked his path, but both teams spilled onto the field a second time.
No one was ejected and the whole thing delayed the game about 10-15 minutes. Apparently, A-Rod had that whole May 30 incident fresh in his mind when he was hit. That was when he yelled while running around the basepaths, distracting Howie Clark and John McDonald on a routine ninth-inning would-be flyout.
On Monday, Toronto rookie Jesse Litsch threw a fastball behind Rodriguez's legs in the second inning. After the game, Litsch said he didn't mean to throw at A-Rod, and Rodriguez said he didn't remember the pitch. Right. He seemed to remember it just fine when Towers hit him one day later.
24 Comments
Well, there's no doubt Towers threw at A-Rod. Smart play Josh. The only question in my mind is did Gibby tell him to do it?
How smart would the move been if Rios had gotten hurt by Clemens? Not that we need the game or anything like that.
Likely Towers last statement in the majors.
With smart plays like that-good riddance!!!!!!!!
to bad the jays aren't going to win the game it would have been better…remember the immortal words of jason varitek.."we don't throw at 260 hitters"..hopefully someone on the jays will have a good quote to soften the blow of losing to the yanks again
I really don't mind that Towers threw at Rodriguez….it just should have been done a series ago. Besides, Clemens is a veteran — there's almost no way he hurts Rios on that pitch.
All in all, though, it's the same old story — the Jays can't win when it counts. Something isn't right about this team and I think it goes a lot deeper than Gibbons…
It comes down to Wells, Glaus, Overbay, Zaun, Johnson, Lind when he was here, Hill to an extent, and Thomas until very recently all being terrible at the plate. Offensive production from the shortstop slot wouldn't be an issue if any of the other slots excluding Rios were producing anywhere close to normal.
I would ask the same question as gsumner: did Gibbons tell Towers to throw at A-Rod? It doesn't seem to fit; what fits more is Towers thinking on his own, maybe also thinking it could be his last Majors game so he's leaving with one last statement. However, it should have been done some time ago so everyone could get over it. That being said, A-Rod is a p@nsy and deserved it anyway. If anyone should do it, Towers is the fall guy.
Game is over and the WC is so far away. Gibbons or not, this team is not what I expected hitting-wise, and very satisfying pitching-wise. 2008 rotation: Halladay, McGowan, Marcum (play up that M&M thing, it'll be corny), Burnett, and Litsch.
When A-rod comes up to bat tommorrow, we should be playing one of the Carpenters old songs. You know the one:
"its only just begun". lol
If you go to sportsnet.ca, you'll see a picture of Stairs looking to get at A-Rod. I gotta tell you, if it happened, I think I'd be betting on Stairs. Take a look at his eyes and let me know if you think the same. That and of course the sitting on the upper deck glaring at A-Rod. I think A-Rod was actually a bit concerned.
Yes, both Torre and Clemens are pro's, Clemens was done anyway and Torre didn't care because the game was already over.
Too bad our guys weren't as smart.
And what is going on with Glaus? He was batting .296 on July 16th and now he's at .253. That's a drop of almost 50 points in less than a month. It's like he gave up when the trade rumours got going.
And, Torgen, I completely agree with your assessment of the Jays' lineup. Is anyone else wondering if last year was an aberration as far as offensive numbers go? Seems like a lot of Jays had career (Overbay, Johnson, Zaun) or near career years (Wells) last year, and now maybe they're coming back down to earth?
I think everyone caught the flu, not just Wells.
Actually, Glaus's career average is .253, Zaun is .255, Hill is .285, Wells is .285, Overbay is .287, Thomas is .303 and Johnson is .287.
I think what we're seeing is guys getting their hits, but not necessarily in key moments to score runs or move runners along.
Overbea and Johnson are still recovering from their injuries, Hill and Rios are having remarkable years. Hill has only had two days off, so his average is a bit lower than expected-but power numbers are way up.
Finally Thomas is starting to be the treat we all thought he could be. Wells, I think is still carrying the weight of the heavy contract on his back and needs to relax and just play.
Clearly they missed Johnson as the lead off hitter. But, I just get the feeling that with all the injuries, the team just hasn't jelled yet. It's like theyre just coming out of spring training.
I think a lot of them are simply trying too hard. They all need to relax, enjoy and play the game.
Glaus's average is the same, and his OBP is roughly the same, but his slugging is fifty points down from last year, and he's a guy who's in the lineup for his slugging. It would be really annoying if his heel problem was not compatible with the fieldturf like his knee problems apparently were, and we had to trade him to somewhere with a natural surface in the offseason. We'd be looking for a third baseman in a free agent market that might have A-Rod in it. Not likely to be cheap, especially if we have to pick up some of Glaus's $13M.
That's exactly my point — if you look at the career averages of the guys I mentioned, they had career years last year.
Overbay: 2006=.312, career=.287
Zaun: 2006=.272, career=.253
Wells: .303, .285
Johnson: .319, .286
My point is that we were expecting a lot for this team to repeat their offensive numbers from last year, because a lot of them had career years in 2006. This year these guys have been slumping, which shows the Jays might have overpaid a bunch of guys who haven't yet shown a lot of consistency.
I'm hoping they bounce back in 2008, but maybe everyone was jumping the gun at the beginning of this year in saying this team was going to be an offensive juggernaut.
I dunno. I've been up for way too long writing a paper, I'm not sure I'm making a lot of sense anymore….
Overbay's BA was a littke up last year, but his OBA and SLG weren't too far out of line compared to his 2004 numbers.
The interesting stat for Johnson last year was his OBA, which was inflated by getting hit by pitches. His BA was also up, largely because he was legging out bunt singles.
The only year Wells had a worse OBA was 2002, and his slugging was better than this year; the only time his slugging was worse was 2001, and his OBA was better, but he didn't have that many at-bats that year anyways. His numbers last year look a lot like his numbers from 2003, so it can hardly be called a fluke. Plus, his April numbers looked a lot like his numbers from last year–it wasn't until he missed those games in late April/early May with flu-like symptoms that everything came down.
For Zaun you could make a case for last year being a career year slugging-wise, but his OBA is down from what it's been for the last three years.
Litsch was accidental, Towers was on purpose for sure. At least Towers had the guts to hit him early in a close game instead of waiting for the 7th in a blowout like Clemens. Although Towers ***** as a pitcher, gotta give him respect for finally hitting A-Rod.
Let's hope this thing is finally settled. Although I wouldn't mind throwing at A-Rod again in a Jays' blowout lol
haha…gsumner's raised a great idea. We've all heard of Celebrity Deathmatch, now comes Athlete Deathmatch: pitting rivals one-on-one, or entire teams in a brawl. I'd totally bet on Stairs, he's got the East coast in him. Who wouldn't like to see Marcum bring out his inner Bulldog?
Fat Matt Stairs is a waste of human sperm!!!
I'll post this to you, so Jordon doesn't have too. That kind of comment has no place on this board.
Gosh I cant believe that snuck out… What was I thinking? Humm
rcolson-well we do make allowances for Yank's fans. I noticed you posted in a similar fashion on the Yanks blog-that's probably where those types of posts belong.
You are absolutely correct!! I will not venture north of the border again…as long as you keep you little fat matt.
Hey you're welcome here any time; we love to see Yankee fans defend Stray Rod. lol
Just clean up your comments-that's all.
At least he plays with honor, unlike high paid, under class players from south of the border. We don't mind if you don't come back, in fact THANK YOU!
Sorry, should have put, SOME high paid, underclass players, Derek is pretty classy
well, at least what rdcolson could do is reserve any mention of the "s" word for Stray Rod-particulary after the shots seen in the New York papers after his last visit.
Its too bad I don't curse and I am too much of a lady to tell you what I really think of A-Rod but the best part of him got flushed and the rest is still stuck in the sewer.
It is sad to see a team who once played with dignity and pride, now has to lie , cheat and steal plus try to hurt the opposing teams players to win a game . I for one hope the youth of this world do not want to emulate the current Yankees ( exception being Jeter) .
I am not saying what Towers did was right but it is about time the Jays took a stand . I do believe once a warning has been issued and a pitcher ignores that warning , he can be fined and suspended. Clemens did just that . We will see if he is punished as he should be or will it get overlooked like all of A-Rod's antics


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No. 89,006
1. The district court is not invested with any discretion in a probation revocation proceeding until the evidence establishes a probation condition violation.
2. A probationer complies with a probation condition requiring him or her to enter and successfully complete the Labette Correctional Conservation Camp by graduating from that program.
Appeal from Sedgwick District Court; DAVID W. KENNEDY, judge. Opinion filed March 14, 2003. Reversed and remanded.
Peter Maharry, assistant appellate defender, and Steven R. Zinn, deputy appellate defender, for appellant.
Lesley A. Isherwood, assistant district attorney, Nola Foulston, district attorney, and Carla J. Stovall, attorney general, for appellee.
Before RULON, C.J., JOHNSON, J., and ROGG, S.J.
JOHNSON, J.: Carlos Garcia appeals the revocation of his probation. The district court found that Garcia's graduation from Labette Correctional Conservation Camp (Labette) with fair to poor performance ratings did not satisfy the probation condition that he successfully complete Labette. We reverse the district court and remand to reinstate his probation.
Originally, Garcia was placed on probation for 24 months. A few months later, Garcia admitted that he had not complied with two of his probation conditions, and the district court found that Garcia had violated his probation.
The judge rejected counsel's request to place Garcia in a community corrections residential facility, stating: "I don't do that . . . unless he's mentally ill or mentally retarded." Similarly, the court summarily rejected a request to reinstate the original probation, stating: "That's not gonna happen. That leaves two choices, doesn't it." After ascertaining that Garcia was interested in going to boot camp, the district court said:
"If the boot camp will take Mr. Garcia, I'll authorize him being transported there. If he successfully completes that program, we'll bring him back and put conditions of probation on him. If he's unsuccessful with that program, I'll just have the Sheriff pick him up there and send him on to the Secretary."
The journal entry of the probation revocation hearing stated that probation was revoked and reinstated under the same conditions with the modification that Garcia enter and successfully complete the Labette program. The journal entry specifically stated: "If defendant does not successfully complete Labette, probation should be revoked and defendant should serve original sentence." The sheriff was directed to return Garcia to court upon completion of the Labette program.
Garcia returned to court following graduation from the Labette program. Defense counsel requested that Garcia be placed in the community corrections field services program. The State requested that Garcia's probation be extended under the original terms and conditions for a period to terminate 12 months from the hearing date.
The court responded:
"Well, this case is probably one of a number we're going to start seeing on a regular basis where someone does not successfully complete the program at Labette but they won't kick 'em out because the Secretary's told them they can't kick 'em out.
"There's no question in my mind that Mr. Garcia was hand walked and that's a bad term nurse-maided through, what can we do to get Mr. Garcia out of here without telling the judge he's been unsuccessful.
"Maybe two years ago, certainly three years ago, Mr. Garcia would have been back in front of me probably three or four months ago as having failed the program.
"The question is whether I have any legal choice about whether I put him on probation or whether I send him on to the Secretary and just short-circuit, save Community Corrections a little bit of effort, maybe a lot of effort, save some community resources that will be wasted by putting Mr. Garcia into a treatment program. And clerk's time, my time, my staff's time, the District Attorney's office time. Or whether the law requires me to go through a charade of pretending that Mr. Garcia was successful.
"And I don't know the answer to that. Tell you what I'm gonna do. I'm gonna take the position that I have the right to do that. And I'm gonna give you a chance to bring me some law and tell me I'm wrong.
"I'll find I'll put everybody on notice that any fair reading of the final report from Labette tells me that Mr. Garcia failed the program, did not take advantage of it, has no intention of taking advantage of it, has no intention of working a probation, period."
The district court then continued the proceedings for 2 weeks to allow the defense an opportunity to prepare argument refuting the court's position. The judge directed the State to review its plea agreement and, if the agreement did not preclude it, the State was "certainly welcome to pitch in and file anything you think I need to know."
At the continued hearing, defense counsel argued that State v. Martin, 270 Kan. 603, 17 P.3d 344 (2001), stands for the proposition that graduation from Labette is successful completion of the program. The judge noted that Martin had been his case; that the judge had sent Martin to the Secretary of Corrections who, in turn, sent him to Labette; that upon Martin's graduation from Labette, the Secretary had sent the district court a letter directing that it place Martin on probation, pursuant to statute; that the judge had then declared the statute unconstitutional; and that the Supreme Court found that the wrong version of the statute [K.S.A.1998 Supp. 21-4603d(e)] had been applied so that the district court had no jurisdiction to rule on its constitutionality.
The State presented no legal authority, but dutifully argued that the district court had discretion to assess whether Garcia had "successfully completed" Labette, notwithstanding that facility's decision to graduate Garcia. The district court then stated for the record:
"I'm already on record as being of the opinion that the Department of Corrections can't send me someone to place on probation. They don't have the constitutional power to do that. They may have the statutory provision that says they can but it's unconstitutional.
"I'll reiterate my finding that Labette conservation camp report shows Mr. Garcia was unsuccessful. Because he was unsuccessful, I will not place him on probation. He'll go to the Secretary of Corrections to be serve the underlying felony sentence and then to be returned to Sedgwick County to serve the misdemeanor sentence."
On appeal, Garcia argues that: (1) the district court abused its discretion in finding a failure to successfully complete Labette after that program graduated Garcia; and (2) if graduation is not the criterion for successful completion of the Labette program, then the successful completion condition is unconstitutionally vague. Finding in favor of Garcia on the first issue, we need not consider the constitutional argument.
There appears to be no dispute as to Garcia's status; his probation was revoked and then reinstated with the additional condition that he successfully complete Labette. Garcia's situation differs from the facts presented in Martin and in the subsequently filed case of State v. Beard, 274 Kan. ___, 49 P.3d 492 (2002). In those cases, the convicted persons were sentenced to imprisonment, and custody was transferred to the Department of Corrections (DOC), which then made direct placements at Labette. Following graduation, DOC attempted to return custody to the district courts to "be assigned by the court to six months of follow-up supervision conducted by the appropriate community corrections services program," as mandated by K.S.A. 1999 Supp. 21-4603d(e). The district courts believed that a statute which countermanded their prison sentences by permitting the DOC to effect the transfer of the prisoners back to the district court with a mandate that the prisoners be assigned to community corrections was unconstitutional as a violation of the separation of powers doctrine. In Beard, our Supreme Court disagreed and, after discussing the legislative purposes of the Community Corrections Act, K.S.A. 75-5290 et. seq., and K.S.A. 1999 Supp. 21-4603d(a) and (e), found K.S.A. 1999 Supp. 21-4603d(e) constitutional and not violative of the separation of powers doctrine. Beard, 274 Kan. ___, Syl. ¶¶ 5, 6. Therefore, we analyze Garcia's scenario from the perspective that the legislative enactments concerning Labette are constitutional.
The parties set forth the standard of review as whether the district court abused its discretion. However, the district court is not invested with any discretion in a probation revocation proceeding until the evidence establishes a probation condition violation.
"Implicit in our statutory provisions for probation is the understanding that the court need not grant probation, but if it does so, the probationer is entitled to retain his liberty as long as he abides by the conditions on which probation is granted. A probationer may not have his probation revoked unless it is made to appear that he has failed to comply with the terms and conditions of his probation." Swope v. Musser, 223 Kan. 133, 137, 573 P.2d 587 (1977).
The question presented here is not whether the district court abused its discretion in sentencing a probation violator, but rather whether the evidence was sufficient to support the district court's finding that Garcia violated a probation condition.
K.S.A. 2000 Supp. 21-4603d(a)(5) provided the district court with the authority to assign Garcia to Labette as a condition of probation. That same authorizing statutory sub-section provides that the conservation camp assignment shall be "followed by a six-month period of follow-up through adult intensive supervision by a community correctional services program, if the offender successfully completes the conservation camp program." (Emphasis added.) The district court's probation condition specifically used the phrase "successfully complete." Labette graduated Garcia and returned him to the district court with a recommendation that he be intensely supervised, preferably in the Sedgwick County Residential Center. Having followed the statutory procedure for an offender who successfully completes the Labette program, it is obvious the Labette officials equated graduation from its program with successful completion of the program.
K.S.A. 2000 Supp. 75-52,127 authorizes the Secretary of Corrections (Secretary) to establish conservation camps to "provide inmates with a highly structured residential work program." The statute specifically designates each camp to be a "state correctional institution or facility of confinement under the supervision of the secretary." Inherent in the Secretary's authority to establish and supervise Labette is the responsibility to develop and implement the curriculum, regimen, performance criteria, and graduation requirements of that program. We can find no authority, in the separation of powers doctrine or elsewhere, for a district court to substitute its assessment of what constitutes "successful completion" of Labette for that of the Secretary. In short, a probationer complies with a probation condition requiring him or her to enter and successfully complete Labette by graduating from that program.
The evidence presented did not support the district court's finding that Garcia violated a condition of his probation. The order of revocation is reversed; we remand with directions to reinstate Garcia's probation.
Reversed and remanded.


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Lassila Hirvilammi Architects recently completed this sauna based on a nineteenth century barn. The building was not used for 50 years and fell into decay before it was converted and modernised by the Finnish architectural practice.
Here is what the architects explain:
"The sauna is located on top of a rock which rises 200 meters above sea level. You reach the sauna along a little path through a cornfield, which leads to a sheltered terrace. The walk up to the sauna is part of the purification process."
"In the renovations, rotten logs were repaired and the cladding replaced where necessary. The new ceiling, the terrace and the bridge are all in spruce which will turn grey with time. Inside, the duckboards on the floor, the seats and the sauna benches are all in selected spruce. The new planed wood, which is light in colour, contrasts with the old distressed surfaces of the logs.
The building is a primitive sauna where all the activities take place in the same space. The space is high so there is a suitable temperature for each, sitting in the steam, washing and relaxing. From the top sauna bench there is a door to a bridge leading to a bath tub.
Drawings were made of very few of the details which were mainly worked out on site with a skilled local builder."
Project partners:
Builders: tmi Petri Piipponen
to the Lassila Hirvilammi profile @ Architonic


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Lenders are persons or entities (private sector or government) that originate, hold, service, fund, buys, sells or otherwise transfers a loan guaranteed by the Department of Veterans Affairs. The links below are provided as resources for VA lenders.
PDF Documents — To read PDF documents, you need a PDF viewer. Links to viewer software can be found at this link.
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Last updated July 30, 2019


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Sake - A part of Japanese Culture As the days grow longer and our smile a little more relax…
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