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Featured Artist: Tory Van Wey
This month, SF Station spotlights work from Tory Van Wey, an artist with a botanical obsession and a wily hand for turning detailed illustrations into graphic art.
Van Wey is a self-acclaimed "social late bloomer" who has always been working with her hands in creative pursuit. "I remain in awe of how an image can convey an idea with such accuracy and poetry," she said.
At first glance, her work can feel whimsical and chaotic, but each line and detailed transformation find a way to grow into another, in a way that creates cohesiveness, consistent with the organic content represented throughout her work.
Tory Van Wey in her studio.
Those impeccable details that feel emblematic of digital replications, sometimes lend themselves to the very tools Van Wey wields–a drafting set left by her grandfather who was an engineer, which provides precise outlines that are later filled in with Micron pens, nib pens and India ink.
"As a graphic artist, my primary concern is that the piece is visually appealing," said Van Wey. "Once it draws the eye, my wish is that it retains the viewers attention with an interesting statement, question, or narrative."
Van Wey's success as a professional artist has been a meandering path, fueled a little by that "hasty romanticism" that urges artists to quit their day jobs. Upon selecting graphic design as the more logical alternative, she soon found she still couldn't shuck that feeling she "was wearing an ill-fitting suit."
At that point, she made the decision to take several months off from work to avoid burnout and hike the Pacific Crest Trail that winds through the Sierra Nevada.
"Jump" print by Tory Van Wey
"It was an illuminating experience, and I thought I had walked out my career demons… unfortunately, they crept back in shortly after I resumed my job."
These days, Van Wey has committed herself to fulfilling her calling as an artist, but has also achieved a much healthier balance of creating fine art and working on design illustrations, creating work for clients like Goldenvoice Productions, which organizes the Coachella Valley Music and Art Festival, and the Ritz Carlton.
I find that making the time to produce work indiscriminately is essential to maintaining my autonomy, and creativity, as a commercial artist…my greatest desire is that my work allows someone to connect with something fleeting within themselves in a way that makes them feel more present.
"Heartonomy" print by Tory Van Wey
For her, that inspiring connection has been the natural world, which consistently makes an appearance in her art.
Currently, Van Wey has been focused on growing her business, teaching classes at Workshop SF and involving herself in apparel and pattern work, as well as some private art commissions. She has her eye out for galleries, licensing representation, and opportunities to put together a solo show.
+++ To follow the latest from this artist, check out her website, Facebook, and Instagram.
Are you a local artist? Submit your artwork
Tory Van Wey Art and Illustration April 12, 2016 at 2:49 pm
Such a pleasure to chat with you guys. Thanks for keeping us bay dwellers in the know!


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New polling on a government shutdown:
• Forty-two percent would blame President Obama or the Democrats in Congress and 37 percent the Republicans in Congress in the event of a shutdown reports a new NBC News/Wall Street Journal poll. But most (76 percent) said an agreement would be reached, according the poll that ended April 4. Democrats and independents prefer a compromise on the budget by 71 to 23 percent. Republicans would rather their party leaders "stick to their positions" by 56 to 38 percent.
• A Gallup poll finds similar results on the compromise question; over six in 10 Democrats and independents prefer a compromise budget plan, but a bare majority of Republicans want their representatives to "hold out for the basic budget plan they want, even if it means the government shuts down." By a seven-point margin, more people in the one-night poll (April 5) see Obama and the Democrats doing a better job than Republicans in the current negotiations, by 41 to 34 percent.
• The public splits 45 to 42 percent between trusting Obama or the Republicans in making the right cuts in government spending "to make a difference in the budget deficit" in a new Fox News poll. That closely tracks a Washington Post-ABC News poll from mid-March which found 43 percent trusting Obama and 42 percent the Republicans on balacing cuts and keeping necessary spending. Also in the Fox poll, by 62 to 26 percent people would vote to not raise the debt limit and cause a shutdown if they were in Congress.
• "Blame" for a shutdown may not be the right frame of reference. According to March polling from the Washington Post and ABC News, as reported by Gary Langer, 31 percent would consider a shutdown a "good thing," rising to 55 percent among tea party supporters.
2012 and Obama:
• NBC/WSJ on GOP 2012 – Mitt Romney, Mike Huckabee and Donald Trump top the field among potential Republican primary voters nationally.
• Quinnipiac Florida poll – Tough going for Obama among Florida registered voters; less than majority approval, a tight race against a generic GOP candidate and a slim majority says he doesn't deserve re-election.
• Gallup on Obama approval – In combined daily tracking for March, Obama's job approval among African America's moves to 85 percent, a new low. Among Hispanics, 54 percent approve, matching his low, and he holds steady among whites at 39 percent. Approval ratings from Pew and NBC/WSJ finds Obama at 92 and 88 percent each among African Americans.
Other new data:
• Fox News on Libya – 62 percent oppose the U.S. military "getting involved with the situation in Libya," little changed from mid-March.
• Pew weekly news interest – Increasing numbers are hearing bad news about gas prices and prices for food and consumer goods. But there's been a sharp drop in people hearing bad news about the job situation.
• Bloomberg's Consumer Confort Index ticked up for the second straight week amid a positive jobs report.

subset: commoncrawl


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Since 1983, BEF has channeled $5 million in private dollars to the Bexley City Schools, primarily through classroom grants and larger "Impact†grants. These dollars have had a tremendous impact within our schools and community – they have supported projects that have challenged Bexley students of all ages to explore the boundaries of "What's Possible.â€
The BEF also implements endowment-funded programs that enrich the educational experience for Bexley students of all ages.
We are grateful to all of our donors who annually support the BEF with a gift to our Fund for Excellence drive, sponsor BRAVO!, purchase a brick or paver in the Alumni Piazza and make gifts to honor a special person. Gifts to the BEF can be made online using a credit card (VISA, Mastercard, or Discover) through the mail, by phone or in-person (the BEF Office is located on the first floor of Bexley High School).Make an online gift Contact the BEF


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HTC Desire L is another addition to the SmartPhone family in the mid range section. This gadget is 128 x 66.9 x 8.9mm dimensionwise, link and is sporting a large 4.3-inch Super LCD2 display with 480×800 pixel density. HTC Desire L weighs 118grms and is powered by 1GHz dual-core processor and a 1 GB RAM. Talking about the storage this device has 4 GB of inbuilt memory with the option to expand via sd Card.
Talking about the OS there is no any confirmation regarding that but we expect it to be having at least JellyBean OS. This gadget comes with a 1800mAh battery and has a 5mp autofocus rear camera with LED flash and a BSI sensor. This camera is capable of recording videos at 720p.
A look at HTC Desire L specs.
- 4.3-inch Super LCD2 display (WVGA resolution)
- 1GHz dual-core Processor
- 4GB internal storage (expandable)
- 5-megapixel camera
- Beats Audio
- 1800mAh battery
- Android (JellyBean Expected)
- 128 x 66.9 x 8.9mm (Dimensions)
- 118 grams (weight)
No words on pricing yet.


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Top Three Steps toReducing Compliance Risk
If you think compliance is expensive, try non-compliance! Fines and penalties associated with non-compliance may be thousands of dollars, and may include jail time. The time to get in compliance is now!
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• Audit the top five most costly risk exposures of the organization's HR/Business practices.
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• Assure all HR Essentials are in compliance with Federal, State, and Local Laws.
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• Conduct annual audits and keep up-to-date on all changes in government regulations.
Request your FREE copy of:
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To schedule an appointment for an HR overview, please give us a call directly at 653-888-1113.


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Political Party Funding V - Political Party Submissions
This is the fifth brief of a six part series. The first provided a background to the current debate on political party funding. The second brief dealt with the legal position, and the third suggested a framework within which law might develop. The fourth dealt with international experience. This brief deals with submissions made to Parliament by political parties while the sixth will focus on submissions made by civil society organisations.
The Ad Hoc Committee on Political Party Funding has begun its work and has received input from the major political parties. All parties have supported the establishment of the Committee and the general need to review political party funding regulations in South Africa. However, there have been lively debates about how to reform the system to best serve the interests of transparency and accountability in a multiparty democracy. The points of contention have centred on: possible increases in public funding, the proposals for a disclosure requirement for private donations, other regulation of private funding and the creation and management of a multiparty democracy fund (MPDF).
Public funding increases
The idea that there needs to be an increase in public funding for political parties is often justified as a means to lessen the propensity for corruption by alleviating dependence on private sources, while building South Africa's democratic capabilities. The African National Congress (ANC) has said that it would only support this if it is preceded by an increase in regulation of private funding. The party also acknowledges that any money allocated to an increase in public funding would have to be found from taxation, cuts in other government expenditure programmes or increased public debt and that a strong case would be needed. However, they argue that increased funding could be allocated to activities that support democracy and enhance citizen participation in politics, such as party operational and administrative costs and policy development. The Democratic Alliance (DA) oppose any increases in public funding, which they see as a possible strategy on the part of the ANC to plug funding gaps that have been created by funders refusing to be associated with the party due to its performance in government and protection of corruption.
Private disclosure
The issue of whether parties should be obliged to disclose their funding sources, and how this should be done, is central to the current debate around the regulation of political party funding. The ANC supports the disclosure of private sources of funding when the amounts are above a certain threshold. The party has had a number of policy conference resolutions on this topic and have stated that they believe the current lack of disclosure undermines the South African Constitution and dilutes citizens' voices. The Economic Freedom Fighters (EFF) have supported this position stating that they believe it is necessary in order to avoid "political coup d'etats". Conversely, the DA have raised concerns about mandatory disclosure laws, saying that it could pose a threat to multiparty democracy in South Africa. The Party argues that there is no credible link between non-disclosure and corruption. Additionally, they fear that it will weaken the ability of opposition parties to raise funds, as companies and individuals who choose to fund opposition parties rather than the ruling party will be at risk of victimisation. The DA has therefore argued that, in order to better regulate the system of private donations, parties should report to the Independent Electoral Commission (IEC) who only need to act if there was evidence of wrongdoing. This would protect donors' rights to privacy and is similar to the way in which personal financial disclosures are made in Parliament.
Other regulations
One of the most contentious issues in terms of regulations to limit private donations is whether, and to what extent, private funding from foreign sources should be allowed. The main point of contention was whether foreign individuals or companies should be allowed to donate to South African political parties. The ANC is against any foreign funding, stating that they fear it could be used to exert undue influence on South African politics. The DA has labelled this as an isolationist view and has said that they believe that South Africa can benefit from foreign ties. They have also agreed with the EFF, who have argued for a practical and implementable system, pointing to numerous grey areas, such as the large number of South Africans with dual citizenship – many of whom live abroad – and the high number of foreign companies with South African connections.
There is general agreement amongst the parties that government departments and state owned enterprises (SOE) should be banned from contributing to political parties. However, the DA has raised concerns about how SOEs are defined in the legislation to ensure that there are not loopholes allowing companies who are largely state owned to be exempt. The EFF has also pushed back on the idea, proposed by some civil society organisations, that there should be a ban on donations from companies who do business with the state. Giving the reason that many of these companies are small and black owned and would therefore be unfairly excluded, despite not having major influence. The DA have also raised the lack of regulation around the use of state resources for political party purposes as very problematic.
The Multi-Party Democracy Fund
While all parties were in favour of the idea behind the creation of a MPDF, there is disagreement around how it is to be managed. The EFF argue that there should be a single fund for political party funding and that existing legislation made it clear that private donations could be made to the Represented Political Parties Fund. This would avoid the extra administration of managing two funds and potentially reporting to multiple bodies. The ANC however argues that two funds are needed in order to make a clear distinction between public and private funds. The DA also support having two funds but have raised concerns about the IEC's ability to manage both. Rather advocating for a different body to manage the private funds. At present, the committee has decided to have two funds and have the IEC manage both in the interim. But this is subject to consultation with the IEC, who have raised concerns about their capacity to do this, as well as with the public. It has also been agreed by all parties that SOEs, government departments, proceeds from the lottery, proceeds from crime, foreign governments and any entity funded by the South African taxpayer should not be allowed to donate to the fund.
The main issues of debate between political parties have been whether there should be increase in public funding for political parties, the extent of the need for disclosure in private funding and proposed other regulations, whether foreign funding in any form should be allowed, and about the creation and management of a Multiparty Democracy Fund.
- Council for the Advancement of the South African Constituion. Submission on Public Funding of Represented Political Parties Act and Regulation of Private Funding of Parties. Cape Town: Council for the Advancement of the South African Constitution, 2017.
- Parliamanetary Monitoring Group. Political Discussion on Regulatory Framework (Continued). Cape Town: Parliamanetary Monitoring Group, 2017.
- Parliamanetary Monitoring Group. Political Discussion on Regulatory Framework. Cape Town: Parliamanetary Monitoring Group, 2017.
- Maimane, Mmusi. South Africa is on the cusp of a new beginning. Johannesburg: Democratic Alliance, 2017.
- Mkhize, Zwelini. Funding and Regulation of Political Parties to Deepen Democracy in South Africa. Johannesburg: African National Congress, 2017.
- ANA Reporter. "Party Funding: Disclosure Could Pose a Threat to Democracy." IOL Online, July 29, 2017.
Political Party Funding VI - Civil Society Submissions
This is the final brief of a six part series. The first provided a background to the current debate on political party funding. The second brief dealt with the legal position, and the third suggested a framework within which law might develop. The fourth dealt with international experience. This brief deals with submissions made to Parliament by civil society organisations, following on from the fifth brief which looked at political parties' submissions.
Parliament's Ad Hoc Committee on the Funding of Political Parties placed a call for public comment before it began its work in July. A total of 16 organisations, individuals and political parties made submissions to the committee. These submissions focussed on the two questions that the committee has been set up to explore; namely the model of private and public funding in South Africa and the desirability and possible methods for regulating private funding and party investment vehicles.
The submissions were largely around four key areas:
- the formula for distributing public funding;
- the need for disclosure for private funding;
- other measures to regulate private funding; and
- the creation of a multi-party democracy fund.
The submissions contained similar suggestions and stances.
Public funding
There is a general agreement that public funding is crucial to the effectiveness of political parties and to enabling them to effectively represent the electorate. A number of submissions made a case for increasing the amount that is distributed annually, as it would play a role in increasing the capabilities of political parties. However, as will be discussed later, all organisations agreed that this would have to be dependent on greater public funding disclosure requirements. Many submissions, including those from Black First Land First (BLF), The Council for the Advancement of the South African Constitution (CASAC), the Human Sciences Research Council (HSRC) and Right to Know (R2K) called for the formula by which public funds are allocated to be reformed. The idea behind this is that the current breakdown for distributing public funds, where 90% is allocated proportionally and 10% equitably, is unfair and in against the spirit of the Constitution. This is in relation to Section 236 which provides for the public funding of political parties as well as Section 1(d) which calls for a "multi-party system of democratic government, to ensure accountability, responsiveness and openness". Suggestions include changing the formula to either a 60-40 split, in favour of proportional funding, or an equal 50-50 division.
Private Funding
There was unanimous agreement amongst the civil society organisations who made submissions that greater transparency in terms of private funding was needed, with a number of organisations explicitly stating that this should be a condition of any increase in the allocation of public funding. The general agreement is that political parties should disclose the details of donations from private donors. Many submissions suggested that full disclosure, including the name of the donor and the amount, only be required above a certain threshold to allow for small anonymous donations and limit the scale of information that has to be reported. However, due to the lack of any historical information about the nature or scale of political party funding in South Africa, it is difficult to suggest an appropriate limit. R2K have suggested that any amounts above the average monthly household income be disclosed, while most other organisations have stated that they believe that more research is needed to understand what an appropriate limit would be. There have also been a number of suggestions that this apply only to private individuals and that all donations from companies or other organisations be disclosed, regardless of the amount. There was agreement that a total amount collected should be released and that there should be regular disclosure, on at least an annual basis, with increased disclosure in the lead-up to elections. These disclosures would be made public in a timeous and easily accessible fashion. Submissions also dealt with concerns around possible loopholes in disclosure laws, with recommendations that the amounts be measured cumulatively, to avoid multiple donations below the disclosure limit evading disclosure requirements.
Other forms of regulation
Foreign funding. Some submissions, including those from R2K, the Public Affairs Research Institute (PARI) and MVC have argued that there is a need to curtail funding from foreign sources. While, as PARI argues, developing countries may benefit from some foreign funding to aid the operations of their political parties, there is also a severe risk of illicit influence. There are a range of proposals on this front. The first is to ban donations from foreign governments, while there have also been suggestions that direct foreign donations should be banned (more on this later in relation to the proposed Central Democracy Fund). However there have been proposals that foreign companies with a clear vested interest in South Africa be allowed to continue their donations as long as disclosure requirements are brought in. There have also been multiple suggestions that State Owned Enterprises be banned from making any donations to political parties, and that there be strict regulations around this in order to stop clandestine funding.
Use of state resources, financial and non-financial . Concerns have been raised around the way in which South African law regulates the use of state resources for party activities. This is a controversial issue around the world, given the complicated line between party and state, particularly in the lead up to an election. Neither the Electoral Act nor the Electoral Code explicitly prohibit the use of state resources for political party benefit. The Public Service Act does prohibit partisan behaviour from public servants, however the Public Service Commission's ability to enforce this is limited. A 2016 report from the Public Protector required the minister of Social Development to develop a clear policy setting out the separation between state and party activities. PARI and the HSRC believe that a clear prohibition should be put in place as an amendment to the Electoral Act.
Multi-party Democracy Fund
Most organisations who have made submissions have also suggested the creation of some form of central democracy fund. It would receive donations from companies and individual, and these could be made anonymously, since donors would not be donating to a particular party and therefore could not exert undue influence.
The fund would be independently administered and would disburse money to all represented political parties using a pre-agreed formula. The fund has been suggested as a way to accept foreign donations, enabling foreign entities to contribute to building democratic capacity. It could also be used by organisations who did not wish to remain anonymous, but wished to donate to every party proportionally, as some South African corporates already do.
Implementation and Capacity
The final key issue that was raised by a number of the submissions is that of capacity. With an increase in regulation, there will also need to be an increase in capacity to ensure that the regulations are adhered to. Capacity constraints and a lack of effective implementation are a global cause of weak political party finance laws, and if South Africa is to increase the regulations surrounding the funding of political parties then it is crucial that there is a clear plan to ensure adherence. Most submissions argued that there should be an increase in resources to enable this, however there was a disagreement around which body was best able to carry out this mandate. Some organisations argue that the Independent Electoral Commission (IEC) should do this, given their knowledge of the area and the high regard in which they are already held. Others argued for an independent body to be set up, so as not to place any extra political pressure on the IEC that may interfere with its independence. There were also suggestions of expanded assistance being offered by the Public Service Commission and the Office of the Auditor General.
Civil Society organisations found a great deal of common ground in their submissions to Parliament's Ad Hoc Committee on the Funding of Political Parties. While there were points of disagreement, the key points of agreement were: that increased public funding should be dependent on increased regulation of private funding; the need for disclosure of the sources of private funding; the need for other regulations to control illicit attempts to influence political parties and concerns about capacity building and the implementation of any new regulations.
Rafael Friedman is a Researcher at the Helen Suzman Foundation. These two articles first appeared as HSF Briefs.
- Bohler-Muller, Narnia. Written Research by the HSRC's Democracy, Governance and Service Delivery Research Programme (DGSD) to the Ad Hoc Committee on the Funding of Political Parties. Pretoria: Human Sciences Research Council, 2017.
- Right to Know Campaign. Political Party Financing: The Public's Right to Know. Cape Town: Right to Know Campaign, 2017.
- Chipkin, Ivor. Political Party Funding and the South African State. Johannesburg: Public Affairs Research Institute, 2017.
- Conference, Southern African Catholic Bishops'. Submission to the Ad Hoc Committee on the Funding of Political Parties regarding the Review of the Public Funding of Represented Political Parties Act. Cape Town: SACBC Parliamentary Liasion Office, 2017.
- Council for the Advancement of the South African Constitution. Submission on Public Funding of Represented Political Parties Act and Regulation of Private Funding of Parties. Cape Town: Council for the Advancement of the South African Constitution, 2017.
- COSATU. Review of the Public Funding of Represented Political Parties Act. Johannesburg: Congress of South African Trade Unions, 2017.
- Black First Land First. BLF's Submissions to Parliament on the Funding of Represented Political Parties. Johannesburg: Black Opinion, 2017.
- Mkhize, Zwelini. Funding and Regulation of Political Parties to Deepen Democracy in South Africa. Johannesburg: African National Congress, 2017.
- Ogle, Janine. Submission to the Ad Hoc Committee on Funding of Political Parties. Cape Town: My Vote Counts, 2017.


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Walt Jeffries has a post on animal psychology, though that's not its title. The url for the post differs significantly from the title of the post, which might mean Walt is succumbing to political correctness.
Meanwhile, over at Powerline, a blog I usually read and rarely agree with, Mr. Hayward discusses flying pigs. (I'm ambivalent about the subject.)


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Jordan Brand honors a classic commercial from the early 1990s with the Air Jordan 7 Retro for the Holiday season. Jordan and Larry Bird participated in an epic game of H.O.R.S.E. with the winner getting a Big Mac and some fries. MJ displayed his skills wearing sweatshirt that featured the tribal print in wild colors that reprises its role on the Air Jordan shoe that was worn in that mini-series advertisement, and this November 14th, you'll have the chance to relive that moment by copping yet another Remastered Retro release.
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Alyssa Sutherland Cast For The MistPosted: July 13, 2016, 08:36:36
Alyssa Sutherland will play Eve Cunningham, in The Mist. A wife and mother who fights to protect her teenage daughter from unknown dangers lurking both inside and outside the mist while facing down her past. She joins Frances Conroy, who was previously announced as playing Nathalie, a modern day ecological martyr.
Scripted Series Based On Classic Stephen King Novella Set to Begin Production In July
10-Episode Series Debuts on Spike in 2017
New York, NY, July 12, 2016 Alyssa Sutherland has joined the cast of Spikes new scripted series The Mist. From TWC-Dimension Television (TV) based on the classic Stephen King novella, The Mist goes into production this summer and airs in 2017. The announcement was jointly made today by Sharon Levy, Executive Vice President, Original Series, Spike and Bob Weinstein, Co-Chairman The Weinstein Company.
"The Mist tells the story of a foreboding mist that arrives in one small town ushering in a terrifying new reality for its residents, putting their humanity to the test. What will people do to survive when blinded by fear?
Sutherland will play Eve Cunningham, Sutherland will play Eve Cunningham, a wife and mother who fights to protect her teenage daughter from unknown dangers lurking both inside and outside the mist while facing down her past.
Alyssa Sutherland currently stars on Historys breakout historical drama series, Vikings, as Queen Aslaug. Before joining the cast of Vikings, Sutherland appeared in several independent films including The Fortune Theory, Dont Look Up, and Day On Fire with Olympia Dukakis, which screened at the Toronto and Berlin Film Festivals. On the small screen, she has appeared on NBCs Law & Order: Special Victims Unit and Foxs New Amsterdam. A native of Brisbane, Australia, Sutherland began modeling at the age 15 before starting her acting career. Sutherland is represented by UTA and Untitled.


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The Black Dog Ride, Dubbo to Darwin 2018 steps up a gear
That is the plea of two Black Dog Riders to anyone who is struggling with mental health issues.
Sebastiaan, from the Blue Mountains lost his eldest son to suicide and Sydney's Duncan White lost two work colleagues.
The motorcyclists were at the Macquarie Street rotunda early on Friday morning for the Black Dog Ride Dubbo to Darwin trip. Sebastiaan said no-one had any idea that his 14-year-old son was having suicidal thoughts.
"It was a complete surprise to everybody. That's why we want people to talk, people have to talk," he said.
Duncan agreed saying people who are struggling don't open up. "You say 'I'm fine' and you lie to everybody, to people you'd never lie to. Don't! Just tell them," he said.
Story continues below
This is not the first Black Dog Ride that Sebastiaan and Duncan have taken part in but both said the Dubbo to Darwin trip was the most important one.
"I love the camaraderie... we go on these rides a couple of times a year and we're instant friends," Duncan said.
"There's people we haven't seen for 12 months and you just walk up and say 'g'day', shake hands," Sebastiaan said.
Duncan said the Black Dog Ride is a family in it's own way.
"And it's an extremely supportive family," he said. "If you're down in a hole and you make it known someone from the family will come and pick you up, always."
Sebastiaan agreed saying conversations take off where it left off.
Approximately 100 riders from across New South Wales have taken part in the 4000 kilometre journey.
The riders will travel for eight days stopping in towns including Coonamble, Lightning Ridge, Roma, Emerald, and Camooweal.
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They will then head to Katherine to meet up with more than 200 other Black Dog Riders from across the country for the final leg to Darwin.
Going through the towns and talking to people about mental health is paramount to the riders.
"If they talk about it, they acknowledge it and they get treatment," Duncan said.
"Rather than dissolving into a downward spiral.
"We want people to talk about mental illness, suicide and depression."
Sebastiaan agreed saying if you're struggling and want to talk but don't know where to start, to just ring Lifeline
"Its anonymous and it's free," he said.
Duncan said he personally knows Lifeline call takers and said they are genuine, lovely people.
Both riders also acknowledged the fact of how desperate things are for rural people going through the drought.
"We're hoping the presence of 100 motorbikes in western NSW will bring rain," Duncan said.
"There's a whole bunch of us who have declined to bring wet weather gear which is a rain magnet for motorcyclists," Sebastiaan said.
"So we're trying. We hope it rains, we really do."
Both riders thanked the Dubbo community for having them.
"People are so lovely and friendly…. people want to have a wave. I like the feeling." Sebastiaan said.
Both hope going through the towns allows for conversations to start about mental health.
"We can't emphasise how important it is to just talk to somebody," Duncan said.


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Take the stress out of planning your next meeting at Lanier Islands with our Complete Meeting Packages (CMP) and Modified Meeting Packages (MMP). Our professional event planners can create the perfect meeting package near Atlanta to suit the specific needs of your group.
To simplify your planning and budgeting, the CMP is $140 per person and includes:
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MMP1 includes all items in the CMP except dinner - take your guest room rate plus $85 per person, single occupancy, per night (plus tax).
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Book your meeting or event to receive $500, $1,000, $2,000 or more off your master bill at the end of your event.
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One Hour Complimentary Beer and Wine ReceptionBook your next group meeting or outing at Lanier Islands in the months of April, May or June and receive a One Hour Complimentary Beer and Wine Reception for your group.


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Botanical nameAnnesorhiza nuda
Common NameSoetanyswortel
Perennial plant up to 1m, roots 1 or 2 slightly fleshy. Leaves dry or present at flowering, pinnately divided; inflorescence glabrous and yellowish brown, small flowers cream-coloured to yellow.
Fruit 5-7mm long, oblong. Fruits of the Annesorhiza genus consist of 2 unequal mericarps, one with 3 wings the other with 4; (mericarp: a portion of a fruit which becomes detached with an enclosed seed).
Greek: annison = anise, rhiza = root; referring to the anise-flavour of the tuberous root-stock.
Rocky, often granite slopes
Flower Date
December to April


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Artifex Engineering manufactures high quality polymer integrating spheres for laser and LED applications.
High power measurements are often performed using thermopile detectors. Thermopiles however, have the disadvantage of reacting very slowly - typical rise times lead to measurement periods of 1 second at best. The combination of an integrating sphere and a photodiode based power meter opens the possibility of measuring high power fluctuations on a µs time scale. This can be useful for setting up and debugging high power CW lasers.
Our polymer integrating spheres are machined from solid material - not coated. These robust devices are perfect for measuring laser power in the visible to NIR.
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- Reflective material: ultrawhite polymer
- Sphere diameter: 100mm
- Cooling: convection
- SMA and FC fibre ports, photodiode ports


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I love that the ladies at Dimepiece are pushing for more one of a kind accessories for winter. Why didn't I think of these! Super cute.
The line has been expanding since our first release in Summer of 2007. We wanted to offer some fun and unique pieces to this winter season, these detachable collars will be available online mid November. Stay tuned!
(via Dimepiece Blog)


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Clinique iD™: Dramatically Different™ Hydrating Jelly + Active Cartridge Concentrate for Pores & Uneven Texture
Clinique iD™: Dramatically Different™ Hydrating Jelly + Active Cartridge Concentrate for Pores & Uneven Texture
Item # L0320710
Use coupon code: LUXURYDEC13 at checkout and Get $20 BONUS with a $100 minimum purchase* of any regular priced Luxury Make Up, Skin Care, Fragrances or Hair ProductsDetails *Before applicable taxes. Includes Andalou, Anthony, Biotherm, Clarins, Clarisonic, Clinique, Derma E, Elizabeth Arden, Emani, Jack Black, Kerastase, Lab Series, Lancôme, Lavido, Lise Watier, Mineral Fusion, R+Co, Shiseido, St. Tropez, Verb, Weleda or Wunder2 (All brands not available at all locations)
What It Is:
A first-of-its-kind custom-blend hydrator that hydrates and treats your main skin concern, your way. Combines a hydration base of Dramatically Different™ Hydrating Jelly with Active Cartridge Concentrate for Pores & Uneven Texture.
What It Does:
Dramatically Different™ Hydrating Jelly delivers 24-hour hydration repair plus pollution protection. Clean Shield Technology™ locks in the good - like moisture - and filters out the bad. Strengthens skin's moisture barrier and improves resiliency. Unique water-jelly texture feels fresh, penetrates quickly. Concentrated actives in the cartridge help retexturize skin and reduce the look of pores. Refines skin, leaving it luminous.
*Notice some extra space in your hydration base? That allows for the addition of the active cartridge concentrate.
What To Expect:
- After one application: Instant polish for skin.
- After one week: Radiant skin.
- After one bottle: Visible improvement in skin texture.
- Clinique iD Dramatically Different Moisturizer - 115ml
- Clinique iD Active Cartridge Concentrate - 10ml
Key Ingredients / Technology:
AHAs help retexturize skin, reducing the look of pores. Custom-Blend Chemistry Technology™ isolates the concentrated actives in the cartridge from the base - delivers optimized results with every pump by freshly combining the precise dose of concentrated actives and base for the ultimate customized experience. International patent-pending package.
Great To Know:
Allergy Tested. 100% Fragrance Free. Paraben Free. Phthalate Free. Dermatologist-Developed. Non-Acnegenic.
How To Assemble:
- Unscrew cap on Hydration Base.
- Insert your Active Cartridge Concentrate.
- Now system is freshly combined for optimized performance with every use.
How To Use:
- For initial use, insert Active Cartridge Concentrate into Hydration Base.
- Use twice a day, morning and night.
- Apply to face and throat all over, or where needed.
- Cleansed, exfoliated skin accepts moisture better. For best results, apply after using a cleanser and Clarifying Lotion.
Brand Description
For initial use, insert Active Cartridge Concentrate into Hydration Base. Use twice a day, morning and night. Apply to face and throat all over, or where needed. Cleansed, exfoliated skin accepts moisture better. For best results, apply after using a cleanser and Clarifying Lotion.
Normal skin, pores and uneven texture
Clinique iD Dramatically Different Hydrating Jelly:
Water\Aqua\Eau, Bis-Peg-18 Methyl Ether Dimethyl Silane, Butylene Glycol, Glycerin, Cucumis Sativus (Cucumber) Fruit Extract, Hypnea Musciformis (Algae) Extract, Gelidiella Acerosa Extract, Hordeum Vulgare (Barley) Extract\Extrait D'Orge, Padina Pavonica Thallus Extract, Helianthus Annuus (Sunflower) Seedcake, Sucrose, Caffeine, Sodium Hyaluronate, Hydroxyethyl Urea, Hydrolyzed Rice Extract, Sorbitol, Sodium Polyaspartate, Ppg-6-Decyltetradeceth-30, Ethylhexylglycerin, Propylene Glycol Dicaprate, Caprylyl Glycol, Trehalose, Polysorbate 80, Carbomer, Sodium Hydroxide, Hexylene Glycol, Citric Acid, Sodium Citrate, Disodium Edta, Phenoxyethanol
Clinique iD Active Cartridge Concentrate for Pores & Uneven Texture:
Water\Aqua\Eau, Butylene Glycol, Sodium Hydroxide, Glycolic Acid, Lactic Acid, Pentylene Glycol, Caffeine, Laminaria Saccharina Extract, Caprylyl Glycol, Dimethicone, Dimethiconol, Laureth-23, Laureth-4, Taurine, Xanthan Gum, Disodium Edta, Potassium Sorbate, Phenoxyethanol, Ext. Violet 2 (Ci 60730), Blue 1 (Ci 42090)
115ml + 10ml


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Buyers came back to Wall Street in a big way Tuesday, igniting a sharp rally and new debate about whether stocks have bottomed.
But the afterglow from yesterday's rally faded as stocks head lower ahead of the open. Worries about new write downs at European banks are pressuring stocks in Europe after Asian markets rallied. The dollar is weaker after yesterday's gains.
One highlight today is Visa's $18 billion IPO, the biggest ever. Visa is exciting investors who saw one of the biggest bump ups in the financial sector in eight years Tuesday as S&P financials rose 8.5 percent.
The IPO priced at an aggressive $44 per share, well above the expected $37 to $42 per share range. The offering is seen as an important referendum for the market and a plus for the banks offering the shares. Otherwise on Wednesday, there is no economic data for the market to consider though Morgan Stanley earnings were reported ahead of the opening.
Morgan reported net of $1.55 billion, or $1.45 per share for the first quarter, compared to $2.31 billion ro $2.17 per share the year earlier. The results were better than the $1.03 per share expected by analysts.
Stocks had one of their best days in years Tuesday, with the S&P 500 gaining 4.2 percent, in its biggest percent gain since Oct. 15, 2002. The Dow chalked up 420 points to 12,392 in its second 400-plus point day in a week, while the Nasdaq scored 4.2 percent in its biggest gain in five years.
"I'm actually using the word bottom -- one that should hold us and let us go higher," said "Mad Money's" Jim Cramer on his show Tuesday night. He's not alone.
Tuesday's action doesn't mean the market won't be without its bumps and volatility, but it certainly was a day of encouragement for traders.
David Kotok of Cumberland Advisers said he is totally invested in stocks now and says the market has successfully retested January's lows three times. "You've got to be in the stock market now," he said. "You've got to own them. The one thing you don't want to own is cash."


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BjöndHealth (Columbus, OH) is cloud-based, care management software as a service (SaaS) that identifies ready-to-change patients who will drive most medical costs, creates hyper-personalized, evidence-based care plans/workflows for identified patients, automates the collaborative execution of such workflows via mobile devices across the healthcare supply chain, and employs behavioral economics to induce and sustain healthy change.
Cirius Therapeutics
Cirius Therapeutics, a clinical-stage pharmaceutical company, is developing MSDC-0602K, a next-generation insulin sensitizer for the treatment of nonalcoholic steatohepatitis (NASH). MSDC-0602K is currently being evaluated in a Phase 2b clinical trial. Through its novel insulin sensitizing mechanism of action, MSDC-0602K has potential to resolve the underlying pathophysiology of NASH.
ConcertoHealth Inc. (Irvine, CA) has more than a decade of experience caring for the Medicare, Medicaid, frail and complex medical needs patient populations. The company addresses critical vulnerabilities for patients and health plans alike: expanded access to personalized primary care, chronic condition management and coordination of transitions between care settings. Through its ConcertoHealth Care Centers, the company provides healthcare services where and when they're needed, delivering primary care and care coordination regardless the location – be it clinic, home, hospital or post-acute settings.
Delphinus Medical Technologies
Delphinus Medical Technologies, Inc (Plymouth, MI) is an innovation leader in automated whole breast ultrasound technology. The company is developing its SoftView system to serve women with a transformational approach to breast imaging, particularly those with challenging dense breast tissue.
Intervention Insights
Intervention Insights (Cambridge, MA) is a health information services company helping community oncologists incorporate molecular oncology into their practice. The Company's information services enable the oncology care team to more efficiently access and consider relevant, up-to-date medical evidence to support the appropriate utilization of molecular diagnostics and targeted therapeutics. The Insights services are designed to support each of the key stakeholders within the local community setting including community oncology practices, local pathologists, and third party payers.
Metabolic Solutions Development Company
Metabolic Solutions Development Company (Kalamazoo, MI) is a drug discovery and development company investigating new molecular targets and developing novel therapeutics to treat metabolic diseases associated with age-related mitochondrial dysfunction, especially insulin resistance and type 2 diabetes.
Metabolic Solutions Development Company News | Company Website
NeoChord, Inc.
NeoChord, Inc. (Eden Prairie, MN) is developing technology invented by cardiac surgeons at the Mayo Clinic who were looking for less invasive ways to repair the mitral valve for the treatment of degenerative mitral regurgitation. The NeoChord DS 1000 device allows sternal sparing, beating heart, apical access to the mitral valve and functions as a delivery system for the placement of artificial chordae tendineae (chords). Ruptured or elongated chords are the primary reason for surgery on the mitral valve today.
Nymirum (Ann Arbor, MI) is the RNA Structure Company; providing RNA Structure Core solutions for basic, translational, and drug discovery research. Just as Protein Structure Core facilities emerged over a decade ago due to genome sequencing projects, RNA Structure Core capabilities are now needed in response to the explosion of newly identified RNAs from functional genomics projects.
Nymirum's solutions portfolio includes software, support and services, and traditional pharmaceutical development partnerships.
PrevaCept Infection Control
PrevaCept (Broomfield, CO) is developing PrevaCept Lock Solution, an anti-microbial catheter lock solution, to prevent bacterial and fungal central line associated bloodstream infections (CLABSI).
Sierra Oncology
Sierra Oncology is a clinical stage drug development company advancing targeted therapeutics for the treatment of patients with cancer. We are an ambitious oncology-focused company, oriented towards achieving the successful registration and commercialization of our product candidates. We have a world-class management team with a proven track record of success in oncology drug development and we are advancing an emerging pipeline of next generation therapies that target the DNA Damage Response (DDR) network.


text: Michael Niedermayer schrieb: > On Thu, Apr 24, 2008 at 04:26:15PM +0200, Baptiste Coudurier wrote: >> Thorsten Jordan wrote: >>> Michael Niedermayer schrieb: >>>> wOn Thu, Apr 24, 2008 at 09:10:50AM +0200, Thorsten Jordan wrote: >>>>> Thorsten Jordan schrieb: >>>>>> Michael Niedermayer schrieb: >>>>>>> On Wed, Apr 23, 2008 at 09:15:40AM +0200, Thorsten Jordan wrote: >>>>>>> [...] >>>>>> Which brings up the question if there should be never SEI units in >>>>>> global headers. I found nothing near the SPS/PPS description that >>>>>> mentions SEI, so they are not used as header extension? >>>>> If one would solve this by writing a h264_annexbtomp4 bitstream filter, >>>>> there are some issues: >>>> The problem is the parser_split() API not h264_annexbtomp4. The world >>>> is not just .mp4 and .h264, there are other containers needing the headers >>>> seperated but in annex B format. >>>> Besides this the decoder needs the headers as well, they can occur later >>>> then the first IDR frame the common code will read ahead until the split >>>> function has filled them in. Your suggested hack of doing this in >>>> h264_annexbtomp4 will break decoding of such streams. >>> ok, if I understood you correctly, you want no annexbtomp4 filter, but a > > I want the split API to be fixed! > So that the code in libavformat/utils.c: [...] > Still works > > requirements for teh new API are: > 1. it must not require a copy in cases where both "extradata" and the "frame" > are continous (this is currently working fine) > 2. it must (with a memcpy somewhere) be able to extract the "extradata" even > if they are not continous (like in the H264s discussed in this thread) > (this does not work currently) > 3. it must still be used automatically in the code quoted above, the code > of course can be change as needed ... to fix that it isn't sufficient to just return a split offset as it is know, split rather has to return a data block (pointer, length) containing the headers, this can be done without memcpy if SPS+PPS are contiguous in the stream. Additionally it has to rearrange the rest of the data as well. All uses of split and all split implementations would need to get adapted, a major task. I am not sure how do you want the split API to be in detail, how the returning of the values should be done etc. If one wants to solve that, the code using split needs to be changed as well. > Simply writing a new bitstream filter is half of the work, you need to change > the split api so it uses bitstream filters as well. I don't know how you would want the split API to make use of bitstream filters. Would that make sense? A better h264 splitting can be coded without bsf usage though >> I do want an annexbtomp4 which will be used instead of doing it in mp4 >> muxer though :> > > I want this as well of course :) that would be much easier to have than an improved splitter, yes -- Regards, Thorsten


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Organic Mango Face mask for sensitive skin
Many people around the world have a very sensitive skin, their skin reacts to minimum change in temperature, atmosphere and every foreign element that it comes in contact with; causing boils, soreness, redness, acne etc. which are very painful skin related problems and diseases. And to get a cure for these skin demons, those people go to various doctors and cosmetologists but to no avail, they always come back home empty handed without any lasting and proper results, and having spent thousands of rupees!
For centuries it has been known that, mango is a hub of medicinal properties, that can cure many dangerous diseases and even prevent them! Now people with sensitive skin don't need to go to such fake promise makers, as they can themselves make a very good and easy mask that will vanish your every skin problems.
Follow these simple instructions to make an organic face mask yourselves:
Ingredients required
1 ripe mango
3 spoons multani mitti
Rose water
3-4 Rose petals
1 tablespoon curd
Method of preparation
Take the pulp of 1 ripe Organic Mango, add 3 tablespoons of multani mitti, mix pure rose water, then and 1 tablespoon of curd to it, now chop rose petals and add to the mixture. Now mix it well until a good fine paste is obtained.
How to apply
Now apply this face pack all over the face in circular motions, and keep it on your face for 30 minutes, let it dry. Now scrub your face gently in circular motions then wash off the pack with cool water.
- Reduces redness and rashes.
- Reduces acnes and pimples.
Builds immunity in the skin for future prevention of such allergenic reactions.


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Hello, Crafty Friends!
Lilian here today to share a card...
Easter is almost here, so here it is:
I used Easter Blessings (frame, sentiment and flower) and Birds & Branches (bird) Digital stamp sets.
I colored the images using alcohol-based markers and added some glitter to the flower's center.
Other supplies: washi tapes, silver gel pen, metallic embroidery floss, patterned paper, colored cardstock and border punch.
Thanks for stopping by!


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Wednesday, January 19, 2011
Out my back door....
I don't find it quite so picturesque on days when the field is a hive of bustling activity. At those times, I am somewhat nonplussed by the sight of farm workers dressed warmly against the cold. They hustle up and down the rows, almost running in their quest to pick as many berries as they can. They straddle the row and bend deeply, hands flying through the bushes looking for the ripe berries. It's not hard work, just hard on you work. I know, I've picked a few strawberries.The stories you read about the conditions for farm workers who pick strawberries are pretty horrendous. According to the statistics, the average farm worker makes about $6 an hour, 33% are undocumented workers, most are married and women account for 25% of the workers. Seems like a lot of hard work so I can have fresh berries at the local market. Yet, truthfully, the quart of strawberries pictured in the blog post below, cost $4 so I didn't buy any. Last year, they left the berries to rot in the field because the owners said it cost more to pick them than they could get at market. Liability issues keep them from opening U-pick fields. So acres of strawberries rotted and farm workers didn't even earn anything. It was hard not the step through the barbed wire fencing and help myself to all I could pick. But, they're not my berries.
This is the heart of the illegal immigrant debate. It's complex, like most moral issues.
Monday, January 17, 2011
Finding a hidden gem....
The food was very down-home and the dessert looked just like my grandmom's house at Christmas time. I couldn't resist a peanut butter and jelly on HOMEMADE white bread. With a mound of potato chips on the side, I felt just like a kid. We shared a piece of strawberry rhubarb pie that was oh-so-good. We meant to look for the number of the exit but forgot! I think it was Bonita Springs but not so sure. I plan to look next time I'm heading south.
Coconut cream pie, lemon meringue, red velvet cupcakes and homemade cookies.
The view out the window while we ate our lunch.
Saturday, January 8, 2011
"The Portuguese call it saudade: a longing for something so indefinite as to be indefinable. Love affairs, miseries of life, the way things were, people already dead, those who left and the ocean that tossed them on the shores of a different land – all things born of the soul that can only be felt." - Anthony De Sa (Barnacle Love)
Who or what are you longing for today?
Thursday, January 6, 2011
|Love really is all you need.
Tuesday, January 4, 2011
Deja Vu
I had a moment of deja vu today. I missed a call from Dan and he left a message. It went something like this: "Hey beautiful. I'm sitting outside the Napa Valley Coffee Roasting Company having a cup of the best coffee in the world. It's a crisp 50 degrees and the sky is California blue without a cloud to be seen.There's a wisp of fog in the hills and the valley is beautiful. The only thing missing is YOU!" Wow! Did that take me back 8+ years to phone calls like that almost every day. At the time, it seemed like we spent our days yearning.....for time to pass so we could be together, for days that we were together to slow down so we could make them last, for extra money and vacation time to make the whole long-distance thing work. This time, while I'm jealous and want to be in Napa, too, I also know that Dan will be home again in just a few days.
We spent a lot of time while we were dating reminding each other that "some day" this would all be behind us and hoping we would never forget to be grateful every day we were together. We've been married for 6 years now. We still remind each other how lonely we were and how lucky we are to be together. It's something we don't take for granted and I know that it was a difficult decision to make. There are some lines I read in A Thousand Splendid Suns that have always seemed to sum up Dan's decision to move to Florida "But it is not an easy happiness. It is not a happiness that is without cost."
Sunday, January 2, 2011
I'm really not feeling as morbid as this post might lead you to believe.
Saturday, January 1, 2011
More thoughts on the red boots......
|Yep, these are the actual boots.
Highlights of the Year of Jubilee - 2010
Book of Leviticus, a Jubilee year is mentioned to occur every fifty years, in which slaves and prisoners would be freed, debts would be forgiven and the mercies of God would be particularly manifest." (Wikipedia, Jubilee) In hindsight, I could have called it The Year of Traveling.
"Difficult times have helped me to understand better than before, how infinitely rich and beautiful life is in every way, and that so many things that one goes worrying about are of no importance whatsoever..."-- Isak Dinesen
But it's not the way I want to live my life.....so on to 2011. I've already dubbed it... The Year of the Red Boots!
- Dan took me to Epcot on my birthday. We had sooooo much fun: ate lunch in a French restaurant (complete with Remy from Ratatouille), visited the terracotta soldiers in China, and belly-danced in Morocco (well, not really but we thought about it). Then we spent the night at the the Grand Bohemian hotel in downtown Orlando. It was like sleeping in an art museum! Yeah, I know...pretty cool.
- Went a cruise to the Caribbean. Canyoned down a waterfall in Dominica (http://www.extremedominica.com/), swam with sea turtles and toured a sugar plantation in Barbados, learned the meaning of island life from Royston (ask me about jail time on St. Kitts) and how to bribe officials in St. Thomas (thanks Henry). We missed having Corey and Chase with us but Ashley added real-time entertainment.
- The real deal...... a Mediterranean Cruise. For ALL the pictures and comments go here. My dream of a lifetime in one big gulp. Every place I have said I wanted to see was on this cruise. It was like getting the sampler platter. Italy, Greece, Turkey, Egypt and Sicily. We were gone for 17 days. It was heaven. There was literally nothing bad that happened on that trip! Every wonderful thing that Dan arranged came off brilliantly. We met Tod and Betsey Gorrell...our dinner partners for all 12 nights of the cruise. Just loved them and they made our trip even better.
- Then back to Orlando for birthday 51....the Waldorf Astoria.
"Difficult times have helped me to understand better than before, how infinitely rich and beautiful life is in every way, and that so many things that one goes worrying about are of no importance whatsoever..."-- Isak Dinesen
But it's not the way I want to live my life.....so on to 2011. I've already dubbed it... The Year of the Red Boots!
2011 The Year of the Red Boots
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Have you ever been through a case and no matter what you did, the judge would not or could not see your position? Do you want to appeal the decision?
Pawnee Davis Law Firm is your partner for the appeal process. Appeals are time sensitive so don't delay – give us a call and discuss your prospective appeal.
Take a minute and read our blog about considering an appeal.


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Healthy Honey Granola Bar
Crave for a quick bite to satisfy your those hunger pangs? Try a healthy option that is tasty and loaded with all the health goodness required to stay fit!
2 cups dry oats
1/2 cup raisins
1/2 cup chopped walnuts (toasted)
1-1/2 Tbsp ground cardamom
4-5 Tbsp butter
1/3 cup packed brown sugar
4 Tbsp UTMT honey of your choice
Heat the butter, brown sugar and honey in a saucepan until the butter melts and begins to boil.
Pour this mixture over the dry ingredients and mix until well coated.
Take an aluminum foil, pour the mix on it and tightly wrap it making a bar. Set to chill.
Once the bar is set. Cut into small pieces.
Your delicious snack is ready!


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Tuesday, November 22, 2011
Tutorial: Kermit Hat with matching Kermit Cowl
9 comments:
- Claire Cooper said...
This is sooo cute. I love it. I'll be visiting more often to see what you're up to.
- November 22, 2011 at 12:37 PM
- miamihoney said...
Awww, how cute!! Does he love it too?
- November 22, 2011 at 11:42 PM
Super cute! I'm a new follower :)
- November 22, 2011 at 11:55 PM
- Sam {fitnessfoodandfaith.blogspot.com} said...
you did not make this!!! SO cute! i'm always impressed. happy thanksgiving, friend :)
- November 23, 2011 at 1:58 PM
- ~Joy-N-Jesus~ said...
That is too cute as is your boy! I found your blog through a link party. So glad I did, your very talented! I am following you now! Hope you can stop by my blog and visit or stay a while :) happy thanksgiving!
- November 23, 2011 at 7:59 PM
- SH said...
I love it ! So Cute www.bargainfun.net
- November 23, 2011 at 8:07 PM
- kendascrafts said...
that hat is awesome!!! We took my son to the Muppets for his first movie and now he is obsessed with Kermit. Thanks for the hat pattern!
- November 28, 2011 at 1:36 PM
- Nicole said...
best. thing. ever! :)
I'll be checking back to see if you come up with any more of the muppets.
so cute!!!
- November 30, 2011 at 10:17 PM
- Emily said...
So cute! I actually have the hat ready to go, and have to do the eyes tonight, I really like the way you did yours.
- December 2, 2011 at 8:32 PM


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Perhaps the biggest Android bombshell of the year came on the eve of the CTIA Wireless IT & entertainment conference, when Verizon Wireless locked arms with Google. That partnership has produced two phones so far: the Motorola Droid and the HTC Droid Eris. The year ended with fresh speculation that Google would be launching its "own" Android phone, free from carrier constraints, though it is unclear whether this will be a major disruption or just another new Android phone.
Why it was significant: It's important to put all of the buzz around Android in perspective. It is not entirely surprising that Strategy Analytics predicted a 900 percent growth rate for the operating system in 2009, given that there were so few Android phones on the market at the beginning of this year. Nonetheless, the evolution of Android has been remarkable. By courting numerous carrier and handset OEM partners, Google has broadened the reach of its open-source Android effort and positioned itself for growth at a time when more consumers are shifting from feature phones to smartphones with data plans. It remains to be seen though how Google's rumored Nexus One phone fits into the company's overall wireless effort. The device could represent a major strategy shift for the Internet search giant, or just the latest flagship Android phone. Whatever happens with the "Google phone," it's clear that Google's phone ambitions took off this year.
Read more: http://www.fiercewireless.com/story/2009-year-review-android-gains-mainstream-acceptance/2009-12-15#ixzz0aop0d6Mn
Citing growing smartphone adoption--sales grew 20 percent this year--as well as the proliferation of app stores behind the surge, ABI anticipates the iPhone will remain the leading platform for mobile software, although its share of the overall application market will contract during the latter stages of the forecast period--the forecast declares Android will benefit most from the upcoming boom, increasing from 11 percent of total application downloads this year to 23 percent five years from now. "This rapid growth is driven by the mass adoption of the Android OS by both vendors and consumers from 2009 onwards," says ABI wireless research associate Bhavya Khanna in a prepared statement. "There are now more than 14 phones that run the Android OS, and many more will launch in 2010. This, coupled with the rollout of application stores from both smartphone vendors and network operators, will see the iPhone's share of the total market shrink between 2010 and 2014
Read more: http://www.fiercedeveloper.com/story/mobile-app-downloads-forecast-reach-5-billion-2014/2009-12-21#ixzz0aoY7DHSj
And my WAG for Estimated Smartphone or OSed mobiles versus all other mobile phones New and Replacement Inventory in the US in 2009
According to the Device Dashboard, a new online tool providing data about the relative number of active devices running a given version of Android, 54.2 percent of smartphones currently run Android 1.6, 27.7 percent run Android 1.5 and 14.8 percent run 2.0.1. (Android 2.0 runs on 2.9 percent of devices, and 1.1 runs on just 0.3 percent.) But with so many new Android devices in all shapes and sizes expected in 2010, the question isn't whether the platform will grow too big for developers to ignore--it's whether it will grow too big for them to manage.
In November 2009 AdMob estimated the US distribution of the Android handsets was approximately:
HTC Dream 36%
Motorola Droid 24%
HTC M<agic 21%
HTC Hero 8%
Motorola CLIQ 6%
Other 5%
Read more: http://www.fiercedeveloper.com/story/android-grows-so-do-fragmentation-fears/2009-12-21#ixzz0aoS3VVS6
Google's Internal Devlopement handset - Android 2.1 with:
Digital compass, accelerometer, haptic feedback, proximity sensor, light sensor
Nexus One, the Google Phone, the specs:
- Display: 3.7-inch Active Matrix OLED (AMOLED) with 800 x 480 pixel
- Camera: 5 megapixel, mechanical autofocus, LED flash, geotagging
- Memory: 512MB RAM, 512MB ROM, comes with 4GB microSD, expandable to
- Network: HSPA 900/1700/2100 (7.2Mbps down, 2Mbps up)
- Wireless: WiFi ABGN, Bluetooth 2.1+EDR, A2DP, AGPS
- Connectivity: 3.5mm 4-connector stereo headset jack, micro-USB
- OS: Android 2.1
- CPU: 1GHz Qualcomm QSD 8250
- Dimensions: 119 x 59.8 x 11.5mm
- Weight: 130g with battery; 100g without battery
- Battery: 1400 mAh
- Other: Digital compass, accelerometer, haptic feedback, proximity sensor,
light sensor
The network spec means that 3G is a go on T-Mobile but not on AT&T; only
EDGE on AT&T. Google will be making the Nexus One available to only those
who are invited, by the company. But there is also hope that T-Mobile will be
selling the Nexus One directly to anyone who wants one. When is anyone's guess.
Source: Engadget


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Change, growth, and mistakes shouldn't be viewed negatively as inconsistencies in a person's character, but quite the opposite. They should be viewed as admirable traits found in those who continually reinvent themselves along their journey, as all life learners do!
I am always reinventing myself, causing everything I do to change with time. A technique I was teaching one year may change, be dropped altogether, or maybe just be refined a bit. A philosophy that I tried to explain one year may sound completely different when I explain it the following year. I will have new examples and new stories that hopefully help transfer the information to people in a more digestible way, continually trying to convey my core message in a simplified manner. My growth is based on knowledge gained through a variety of new experiences that are both positive and negative, and these experiences compel me to change.
I am far from perfect, and this means I am going to continue to be flawed, make mistakes, and change the way I view the world. As a teacher, I hope I can help others use these moments of potential vulnerability to their advantage and encourage them to continue on their journeys of growth. We must all continue to change due to the accumulation of wisdom, and we should help others to accept change willingly and to learn from mistakes in order to grow to their fullest potential.


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Monday March 17, 2008
Retirement age for US Border Patrol money-sniffing dogs? 9 years.
Monday March 10, 2008
Port of Miami, from Miami Beach.
Tuesday December 11, 2007
Port tunnel commercial
Something called, rather ominously, "Citizens for a Safer Miami" has produced this commercial in an effort to get the Miami City Commission to pitch in it's $50 million contribution, which is something around 5% of the overall project's budget. What is CfaSM? Who knows — a google returns exactly one result: the Herald's article.
Can I get an Eye on Miami breakdown on this? (Of which, btw, 'This Charter Review Task Force is a farce.')
Tuesday July 24, 2007
Miami-Dade county commissioners vote today on the port tunnel. The tunnel will cost
approximately a projected $1 billion, split complicatedly between the city, county, state, and a private company.
Wednesday May 23, 2007
Giant Harlequin Beetle found on cargo ship. A few things about this. I understand that there's a real threat if these insects establish a foothold here — it turns out they burrow into mango trees, killing them — but mainly it's just sort of cool that a giant beetle is on the news. Also, why does it look like they sentenced him to death by hanging?
Thursday May 3, 2007
A state panel has selected four companies to build and operate the Port of Miami tunnel. Against all odds, this project seems to be moving forward. Oh, also, Grimshaw Architects will be doing the Science Museum in Bicentennial Park.
Tuesday March 6, 2007
Holy guacamole: it looks like they're serious about building the Port of Miami tunnel. The contract may be awarded as soon as May;
the construction could take 35 years. Update: The construction will take an indeterminate amount of time. The company that builds the tunnel will run it and collect tolls for 35 years. Who sets the tolls? (dík, Honzo)
Tuesday January 9, 2007
Overreaction at the Port of Miami
Let's just clear the decks on this one: the thing at the port. (here is the Herald link, but I'm a little fed up with the Herald as I sift through my archives and find all my links to their articles dead; at least Rick quotes the pertinent bit). Well, the internets exploded yesterday with jeers about the overreaction, the hysteria, whatnot. I don't have the links, but trust me, there are 4,000 links on Technorati, windows were popping up faster then I could close them yesterday, and I don't feel like digging them back up.
Here's the thing: A guy pulls up to the port in an 18-wheeler. He doesn't speak English. He doesn't have a permit to enter. He says there's nobody in the cab with him, but it turns out there are two other dudes, who also don't speak English. And you guys think it's overreacting to think that it could be a terrorist attack? I mean, OK, it's a little silly, when you think about it logically, if there were explosives or whatever going through the port, they would come in on a ship and leave on a truck. But still — the guards have a job to do, and it seems like an overabundance of caution in this case was pretty advisable.
I direct your attention to Type I and Type II errors. An inperfect system can be optimized to tend to generate either false-positive or false-negative errors. If false-negative = successful terrorist attack, isn't a false-positive once in awhile sort of acceptable?
Update: Subject to verification. If the driver in fact speaks perfectly good English (as Rick says in the comments) and it was the guard who had a language issue (as was claimed somewhere) then somebody should be hung out to dry.
Update: Channel 10 unfortunately doesn't have the video Rick's talking about, but here's the story.
Amar Al-Hadad said he was "humiliated, disrespected (and) treated real badly just because my name is an Arabic name and I'm a Muslim."
Well, there's that, and there's the fact that you were rolling into a freakin' port without the proper permits, with two other dudes, one of whom didn't even have ID. If he shed any light as to what the hell he was thinking, the article doesn't quote that part. The police treat everyone like shit, and while it's entirely possible that they're racist and treat non-whites worse, I don't see how this guy knows how he would have been treated were he, say, a Mormon from Minnesota.
Thursday August 3, 2006
Verticus is not crazy about the port tunnel.
Thursday November 3, 2005
Port of Miami tunnel
The problem: Trucks coming from the Port of Miami need to drive through downtown to get to I-395, causing traffic congestion and problems regular drivers.
The solution: A $3.1 billion (we were tempted to round off the .1, until we realized it represents 100 million dollars) tunnel to connect the port directly to 395, bypassing surface streets.
The scoop: Actually, it's not exactly like that. As this video [35meg .avi] explains, the tunnel actually connects the port to Watson Island (beautifully shown with all planned improvements in place), from where the bridge (widened by a lane in each direction) takes you to 395. The image above is from the video; the image is the tunnel openings, with Parrot Jungle on the left, the MacArthur causeway in the distance, and said development on the right.
We got exited when we saw this article, which says the tunnel may soon be a reality. But then we noticed this other article (same publication), from 2002, which also says the tunnel may soon be a reality. Turns out the tunnel has been "about to happen" since the 80's. Larry Lebowitz pointed out that the construction in downtown is really going to make this a necessity (although . . . um, did the budget double since his column came out in July?), although Mr. Tunnel remains skeptical. On the other hand, FDOT seems very optimistic: they have a whole web site devoted to the project, including some very detailed plans.
Does democracy suck, or what? In China, they'd have built a dozen tunnels by now, while here in Miami, supposed crossroads of the world, hands are wrung over a single one (and only a mile long).


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Topeka, Ind.-based towable builder CrossRoads RV has named Tom Wylie to serve as product manager for the company's Cruiser division. According to a news release, Wylie has extensive industry experience with a strong focus on residential manufactured housing.
"Getting Tom Wylie on board was crucial to the changes we envisioned for the Cruiser product line," said Matt Thompson, general manager for the Thor Industries Inc. subsidiary. "Given Tom's experience building brands and great eye for product design, in addition to his heart-felt desire to "be the best" in every area, Tom is exactly what CrossRoads RV and our Cruiser division needs."
Previously, Wylie had been part of the sales management team at CrossRoads RV as the product manager for the Hampton destination trailer line. The Cruiser sales support staff and regional sales managers will remain unchanged.
"We are creating a whole new breed of Cruiser with an enhanced owner experience in mind," noted Wylie. "The Cruiser brand is known throughout the RV industry for its strong construction and solid performance. We also have exceptional dealer relationships. That is a solid base for a great product to grow into extraordinary."


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Homebound Ministry serves those members of our church body who, due to physical limitations, are unable to attend church services regularly. Some are unable to leave home at all. They rely on caregivers who provide for their basic needs—but sometimes that just isn't enough. Without regular social contact, they begin to feel isolated, helpless, and lonely.
These dear saints present a great opportunity for ministry. If you're wondering what that looks like, it can be as simple as sending a note or a small gift or, better yet, making a call or stopping by for a visit. Fellowship is particularly sweet for these folks who often spend much of their time alone.
It is a great privilege to come alongside and encourage our homebound members. Please prayerfully consider taking this opportunity to serve. For a contact list or more information about ministry to the homebound, give us a call.
Homebound Ministries Pastor


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Your business tip today comes from learning from someone else's worst nightmare. It was a little after four yesterday afternoon I got a text from a good friend that said "Anchor Lumber is burning down at this very moment. Crazy!" Well I had to see for myself so I headed down there a couple times and sure enough the building was pouring out smoke so thick you couldn't even see all the fire trucks. You could smell it from half a mile away. Five fire departments responded with over 10 trucks.
The scene this morning when I drove by didn't look very promising. Still one fire truck on-site, some heavy equipment moving rubble, and restoration companies boarding up what is still standing. Thankfully nobody was hurt.
The interesting part of this is that I called another friend who used to work there and asked him what he thought about the workers not having a job anymore. His response shocked me. He stated quite confidently that he bets that they will all have paid vacation until something is figured out.
Regardless of whether he is right or not, think about that. Can you business survive a catastrophe like this? Do you workers have so much confidence in the business that they wouldn't be worried? You need to plan for the worst.
Here are a short list of things you need to have contingency plans for and that I will once again be looking over in my business.
Severe weather
Power Outages
Equipment Failure
Flooding/Water Damage
Electrical Surges
Staff resignations/terminations
Unexpected bills
Vehicle trouble
Legal changes
Illness and hospitalization
…and of course a ton more.
I don't want to scare you but you will sleep better at night knowing you have a plan.
Best wishes,
Justin Miller
Chief Strategist
Profit 911 Business Consulting


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1: Origins of Hip Hop Hip Hop music is the Jamaican style of "toasting". Toasting is when you talk or chant over a rhythm or beat. Toasting started off at dances called "blues dances" which took place in large halls or even in slum yards.
2: MCing | The term MC which was short for "master of ceremonies" usually went along with what we call rapping. Rapping is one of the elements of hip hop. It is the form of rhyming lyrics over instruments. Rapping was once called MCing which was used to support the DJ.
3: DJing is the act of choosing pre-recoreded music for others enjoyment. There are many different techniques that DJ's use to enhance the sound. Phrasing is lining up songs so the transitions are smooth. Beat juggling allows the DJ to manipulate the drums in order to make a composition.
4: Graffiti can be dated back to as far as WWII when someone wrote "Kiloy was here". During the 1950's street gangs used graffiti to get their name out. TAKI 183 made graffiti famous. Vic set a goal for himself to write his name on every subway/bus line he rode on.
5: Break dancing was a style of dance that "grew up" around hip hop music. It stretched the body it its limits. There are many moves in break dancing but each move requires many many hours of training. Between 1970-1973 it made its first appearance in clubs.


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Our group presentation is centered around surveillance, but more specifically how people in our current day and age can mindlessly provide information and spew out their thoughts and ideas without thinking about the consequences of it. Our argument is centered mainly on the amount of information that people provide on social media sites, such as Facebook and Twitter, so effortlessly with full consent without thinking about the repercussion. We plan on projecting our views through a fake movie/TV show trailer, in conjunction with movie clips and music to create a thriller that expresses the dangers and possible threats that can arise by sharing too much information. Our vision of the project encompasses the idea that the digital enclosure social media sites provide are similar to Benthams idea of a panopticon. People are aware that their information is being presented on the internet and is being watched and observed at all times, but what they don't realize is who exactly has access to this information. This is where the dangers of consenting our information so willingly is derived from, and plan to demonstrate this by showing the threats that a serial killer, rapist, pedophile, or even a stalker can pose on unsuspecting victims that present too much of their personal information on social sites.
The video that our group drew its inspiration comes from is, Group 3's video remix on Romantic Disturbance, which show cases Disturbia as a love story.
After watching the video our group took a dark and morbid reception to it, seeing the possible horrors that could arise from surveillance. From there we plan to play off the theme of stalking that the video shows, and add a suspenseful and hazardous atmosphere to our remix video to aid us in presenting our ideas. Not only does our inspiration stem from this video but from our reading by Andrejovic on the Digital Enclosure and this quote in particular, "It is, however, critically important to consider precisely what the cost of these conveniences might end up being, not just in economic terms, but in terms of control over information". This quote encompasses our whole idea of surveillance, although it might be convenient to give Facebook your email, phone number, and any other personal information of yours you sacrifice through their messaging system or through public sharing, there is no control over this information and it can be compromised and taken at any moment. As long as the threat persists of who can access this information remains, people should be more wary and cautious with the information they decide to share through social media.


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What's the buzz? A couple of nights ago I co-hosted a radio show with Harvey Hyde. "Who the Hell is Harvey Hyde?" you might ask. He is a very successful former football coach who now does talk radio, pre game shows for the USC Trojans, and assorted other media activities. From time to time I co-host with him. Last Monday we did a segment on the Clairton Bears and the Clairton community. Our guest was former AD at CHS and current Facebook writer for the Bears, Jim Wessel. The broadcast went worldwide and we heard from many states where CHS alumni listened. A couple weeks earlier sports writer Ron Kantowski, whose dad was a steelworker in Chicago, did an article on the Bears that featured me in my Clairton Bear regalia.
There have been articles in the local newspapers: http://www.post-gazette.com/stories/local/neighborhoods-south/clairton-looks-to-team-for-hope-amid-struggles-663011/
But today was the coup de gras. From Arizona resident and former Bear Bill Bennett: Here's a link to USA Today article with video to whet your appetite for the record breaking quest for #60 on Friday. Click the pic of Bears with caption "Made in America: Nation's Longest Winning Streak" to watch video and read article. Also read comments. I trust this will be in the hard copy of USA Today tomorrow, but I'm not sure.
To those who do not live in Western PA, remember you can watch the WPIAL final against Sto-Rox on Direct TV, channel 659 at 11:00 AM EST.
Facebook too: There are several Facebook pages for Clairton and numerous web pages. One that is particularly informative is: myclairton.com. My blog can also be accessed through the myclairton.com site under the History tab.
The football team: There are many stars on this years Bear team but the one who stands heads, shoulders, and thorax above the competition is Tyler Boyd. Google him to see snippets of him in action on the field. But "The rest of the story." is Tyler's mom, Tanya Payne. She has several sons, all of whom are academic achievers, college students, and college grads. That includes Tyler the football player. Tanya has the gift in raising boys. She posted Tyler's most recent report card on Facebook!!!! But she did not do that to humiliate him. The report cars contained straight A grades!!!! Bravo to Tyler and all the other 50 or so seniors at CHS. We wish them success after high school, but back to the Bears.
What's all the fuss? The CHS Bears have won three consecutive state championships and more WPIAL championships than there are letters in WPIAL. They are currently tied for the most consecutive wins for a football team in the state of Pennsylvania. And if they beat Sto-Rox Friday, they will break that record.
Day of thanks: Tomorrow is Thanksgiving Day. I am thankful for many things and blessings Ive enjoyed over seven decades. But I am also thankful for the squad of young men who proved to be the little school that could.
PS: TODAY IS THANKSGIVING AND THE FOLLOWING ARTICLE APPEARED IN THE NEW YORK TIMES: http://www.nytimes.com/2012/11/22/sports/in-clairton-pa-a-high-school-football-team-keeps-a-towns-heart-beating.html?pagewanted=all
A little blogging music Maestro... "It's Clairton High School, It's Clairton High School the pride of every student here (rah rah!)..."
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Dr. Forgot
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On July 24, 2013, the First Circuit U.S. Court of Appeals (the "Circuit Court") reversed a prior District Court ruling that found two related private equity funds were not conducting a "trade or business" that would make them liable for the obligations owed to a multi-employer pension plan, in which one of their jointly-owned portfolio companies was a participant. To understand the potential impact of this case, it is important to remember that Title IV of ERISA provides that "trades or businesses" that are members of a "controlled group of corporations" under common control are jointly and severally liable under ERISA for certain types of liabilities owed by the other members of their controlled group. The applicable case involved withdrawal liability owed to a multi-employer pension plan. However, the case could also have implications for liabilities related to single employer defined benefit pension plans and COBRA obligations.
The Sun Capital case
The First Circuit issued its ruling in Sun Capital Partners III v. New England Teamsters & Trucking Industries Pension Fund. The case related to Scott Brass, Inc., a company that was owned by two separate, but related, private equity funds. The funds were both limited partnerships established and managed by the same general partner.
The case relates to obligations owed to a multi-employer pension trust incurred when one of the private equity funds' jointly-owned investments, Scott Brass, Inc. went out of business and ceased participating in the pension trust. Scott Brass had been making contributions to the pension trust on behalf of its union employees. When it ceased doing business, the pension plan determined that it had incurred a complete withdrawal from the multi-employer pension plan and was liable for its pro-rata portion of the pension trust's unfunded liability at such time. Scott Brass's liability, referred to as "withdrawal liability", is jointly and severally owed by Scott Brass, and by any other "trade or business" (whether or not incorporated) which is under common control with Scott Brass.
Like many private equity firms, the ownership and management structure surrounding the funds is quite complicated. The two private equity funds that made the actual investment in Scott Brass were established as limited partnerships and had no officers or employees and did not manufacture or sell any products or services. The funds simply made the investment into Scot Brass as passive investors. However, the general partners of the two funds indirectly operated a management company that received a management fee from the private equity funds and was vested with the responsibility of managing the investments of the funds and providing certain managerial and governance roles for the funds and the portfolio companies owned by the funds.
The key issue considered by the court was whether the funds, through their related entities, were simply mere passive investors in Scott Brass, or whether, as a result of the management roles directly and indirectly played by the general partners, were conducting a "trade or business" that resulted in the funds being part of Scott Brass' controlled group of corporations under ERISA. The District Court had previously relied on the fact that the funds merely invested in Scott Brass and did not have employees or provide management or other services to the company. However, the Circuit Court looked through the funds to the role and activities of the general partner of the funds. In doing so, the Circuit Court reversed the District Court ruling and found that the fund holding the majority of the investment in Scott Brass (and possibly the minority fund as well) was a "trade or business" for these purposes.
For purposes of making this determination, the Circuit Court elected to use a form of an "investment plus" test previously utilized by the Seventh Circuit in another case. The Circuit Court found that simply investing to make a profit is not enough to be treated as a "trade or business". More involvement is needed according to the reasoning of the Circuit Court. In this case, the Circuit Court looked at a number of factors including the activities taken by the related parties of the general partners of the funds and the private placement memos used by the general partners to raise capital for the funds. The memos specifically discussed that a "principal purpose" of the partnership is the "manag[ement] and supervisi[on]" of its investments. In addition, the Court looked at the relationships provided by the general partners and their related affiliates and relied on the fact that the general partners were empowered through their own partnership agreements to make decisions about hiring, terminating, and compensating agents and employees of the funds and of the fund's portfolio companies. In addition, the Circuit Court found that the funds received a direct benefit from management fees paid by Scott Brass to the general partner and its affiliates.
The Circuit Court found that the combination of the above factors satisfied the "plus" requirement of the "investment plus" test. The Circuit Court also found that the general partners, in directly and indirectly providing management services to and receiving management fees from Scott Brass, were acting as agents of the funds. Based upon the totality of the relationships, the court determined that the fund owning a majority of the investment in Scott Brass was a "trade or business" jointly and severally liable for the obligation owed to the multi-employer pension plan. In addition, the court remanded the case back to the District Court to review, among other things, certain factors to determine whether the minority investor fund also met that standard.
Actions taken in an attempt to avoid or evade liability under ERISA
As a side issue, Section 4212(c) of ERISA instructs courts to apply withdrawal liability determinations "without regard" to any transaction, the principal purpose of which is to "evade or avoid" such liability. The court found that the intention of the ERISA "evade or avoid" provision is to put the parties back to the status quo prior to the action taken to avoid the controlled group treatment.
In this case, after an initial letter of intent was entered into between the seller of Scott Brass and one of the private equity funds, the transaction was changed to have the purchase made by both of the funds. The pension trust claimed that the intention behind splitting the investment between the two funds was to avoid either fund meeting the 80 percent ownership test normally used to determine whether companies are under common control. The pension trust argued that this intention was enough to allow the court to disregard the split under ERISA.
The Circuit Court determined that ERISA Section 4212(c) does not provide a court with the power to force something to occur that never occurred. In other words, the provision may have allowed a court to disregard the sale of ownership by one of the funds to the other fund in an attempt to reduce its ownership level. However, in this case, neither of the funds owned any of Scott Brass prior to the investment. Even if a court could find that the funds purposefully designed their investments to keep them both below the 80 percent level, disregarding the event would not put either of the funds above the 80 percent ownership level. In making this determination, the Circuit Court relied on the fact that the initial letter of intent to purchase Scott Brass, which was entered into by only one of the funds, was not a binding letter of intent. It is not clear whether the Circuit Court may have concluded differently had the initial letter of intent been a binding commitment to purchase Scott Brass by one of the private equity funds.
What does the Sun Capital case mean for private equity firms?
The holding in Sun Capital potentially would appear to place a greater burden on private equity firms and their portfolio investments for withdrawal liability owed to multi-employer pension plans operating in the jurisdiction of the First Circuit (Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island). In addition, the ruling, assuming it is not appealed or reversed, could have similar repercussions for other controlled groups- type liabilities under ERISA; such as unfunded defined benefit plans and COBRA obligations. Whether other Circuit Courts decide to proceed in this direction remains to be seen. The District Court case that was overruled by the First Circuit Court of Appeals appeared to provide a roadmap for how to structure funds in order to avoid this treatment. Unfortunately, by reversing the District Court ruling, the Circuit Court determined that the structure of the private equity funds in this case did not avoid this treatment.
If this case stands and other jurisdictions follow its lead, this could potentially have a chilling impact on the strategic options for distressed companies with these types of liabilities.
Private equity funds that have invested in, or are considering investing in companies with underfunded single or multi-employer defined benefit pension plan obligations, should do some planning before making any binding commitment that could eventually result in them inheriting such liability. Furthermore, if the Circuit Court's analysis regarding the use of the "avoid or evade" provisions of ERISA is expanded, this could make it more difficult for private equity firms that are already invested in such companies to make changes to their ownership or management structure to reduce or avoid future liabilities.
Structural issues surrounding private equity firms and these ERISA issues are complicated. We suggest that you consult with knowledgeable attorneys and advisors to help you consider how the Sun Capital ruling may impact your particular situation. For more information, please contact:
John M. Wirtshafter
David A. Agay
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