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You are "in the truth ball park." Chief US Bankruptcy Judge Thomas B. Bennett says as much in his January 2012 Memorandum Opinion.
Our new County Commission has a criminal law suit pending against JPMorgan over the bribery issues.
Sewer rates have not been increased despite nor in response to the bribery and ultimate, necessary Chapter 9 bankruptcy.
The new Commission is in fact doing all it can legally and otherwise. Class action law suits in fact, by the Cahaba River Society and others "in tennis shoes" crowd laid the groundwork to encourage ultimately require this whole radical execssive sewer repairs and construction mess.
A class action lawsuit is not the answer as the above starting with the criminal law suit against JPMorgan still outstanding are in place.
The County still has to also deal with the IRS charge of interest rate burning, which under the Chapter 9 case belongs in my view against both JPMorgan and Bank of America, who were the two sewer warrants underwriters.
Your annoyance and anger is justified and more, but a class action lawsuit is not the way to have gone.
Remarks by David Denard, Director, Jefferson County Environmental Services Department, Public Hearing Presentation and Public Comments, June 12, 2012, as found on page 8 of his 15 pages of public remarks. QUOTE: "Classes: As noted above customer classes include residential, non-residential and special (high-strength industrial, outside waste). Although 90% of users are in the residential class, the non-residential class accounts for 60% of sewer use revenue." See: http://www.jeffcosewerhearings.org/Default.asp?ID=508&pg=Documents (Then see page 8 of 15 pages of Denard remarks.)
From John Young's November, 2011 Transcript verbatim testimony before Chief US Bankruptcy Judge Thomas B. Bennett, as cited in my e-mail to you of Wednesday, June 13, 2012:
8. Young – Direct, Page 205: "A. Well, the residential class, in general, they pay 85% of their bill, of the water use. Commercial class pays a hundred percent of their bill."
Taken from the Commission Minutes of August 27, 1996 – page 2
5. ...will cause sewer rates to rise to no more than $45 per month for residential customers and $.18 per gallon per month for commercial and business customers, will cause sewer impact fees to increase no more than 75% over current rates, will not require low-income households and those on fixed incomes and social security to pay more than 25% of their income for sewer fees, and will require the expenditure of no more than a total of $1.2 billion dollars..." Note: David Denard, Jeffco Environmental Services Dept. Director, stated for the record on June 12, 2012 that commercial and business sewer rates have not been increased since 1991. It looks like the 1996 era County Commission "lied."
The County Commission June 12, 2012 Public Hearing Presentation and Public Comments by David Denard, Director, Jefferson County Environmental Services Department, sheds more light on the sewer situation. Both Denard and the new County Commission are to be commended for opening up this info publicly. The Below site, first of the three documents giving Denard's testimony.
1. Mr. Denard's data that I choose to use for analysis is as follows:
- If $161.6 is the estimated gross sewer revenue for 2012 (See Denard public remarks, Revenue, p. 6 of 15 pages)
- And if 92% of all sewer revenue is rate driven (See Sewer Revenue Chart on p. 7 of 15 pages)
- And if 60% of sewer revenue is from non-residential classes of revenue (See Classes, p. 8)
- Then .60 X .92 = .552 X $161,600,000 or $89,203,200 of all sewer revenue is from non-residential/business/commercial sewer revenues.
- Focusing on 100% - 92% = 8% of sewer revenue being from Impact Fees, Ad valorem, surcharge and septage, and other, then 8% of all sewer revenue is .08 X $161.6 or $12.926 million.
- Finally, then All Sewer Revenue is $161,600,000
Minus non residential/bus/comm - 89,203,200
Minus all other sewer revenues - 12,926,000
Thus Residential Sewer Revenue is appr. $59,470,800
a) John Young planned to increase the 4% of the 8% all other sewer sources of revenues or $6,463,000 to actual costs or by at least 100% per his testimony e-mailed to you all last week, or to $12,926,000 + add back constant 4% of 8% as the Ad Valorem $6,463,000, for a total of $19,389,000 by interpolation and extrapolation of John Young's Nov. 2011 US Bankruptcy Court testimony.
b) Mr. Denard's public statements of 6/12/12 noted that there has been no increase since 1991 in Industrial Surcharge rate which is 1% (and 1 of 5 classes) of the 8% "All Other" 5 classes Sewer Revenues. While a 329% increase in just the Industrial Surcharge rate would increase that income from $1,616,000 to $5,316, 640, I would suggest that all 4% (not including the other 4% which is the Ad Valorem Tax portion of the 8%) be increased by 329%. This would be $1,616,000 X 4 (for 4% vs. 1%) X 329 or $21,266,560. (See p. 7 of 15 pages, Industrial Surcharge)
Your total of 8% of 100% of all Sewer Revenues then becomes by interpolation and extrapolation:
4% or $$6,463,000 X 329% or $ 21,266,560
+ 4% straight lined Ad Valorem 6,463,000
Total of 8% parts then becomes $ 27,729,560
c) Mr. Denard's June 12, 2012 testimony says that non-residential/business,commercial sewer rates have not been increased since 1991, so using the 329% residential rates have been increased then these rates should be increased by 329 X $89,203,200 or to $293,478,528. (See p. 7 of 15, "Industrial Surcharge")
IF one uses anything approaching these non-residential sewer rate increases it is obvious that in fact the County Commission should not increase Residential Sewer Rates at all, but increase the 1991 other rates by 329%.
On an upside per annum basis your all sources of sewer revenue then becomes:
- Residential held constant at (40% of 100%) $59.470,800
- Non-residential/business/commercial (60% of 100%) $293,478,528
- All Other Fees, etc. Sewer Revenue (8% of 100%, as broken down) 27,729,560
Estimated increased sewer revenue, hold consumer rates constant = $370,678,888
What remains to be seen is the value of the written down sewer system, which I still think should be around $1.1 billion. (See p. 10 of 15 pages, Denard Public Statements)
However, Mr. Denard's June 12, 2012 Public Hearing Remarks notes that around $1.5 billion was "expended" under the Consent Decree. (See page 10 of 15 pages, "Requirements" second paragraph quote: "This plan formed the basis for the more than $1.5 B expended under the Decree.")
And John Young's press conference statements from Nov. 17, 2011 in NYC to the Municipal Bond Analysts Association of New York City said he, Young, would estimate the value of the sewer system at less than $1.5 billion. (http://www.bloomberg.com/news/2011-11-21/jefferson-county-sewers-become-bargaining-chip-in-bankruptcy.html) Wherein Mr. Young is quoted saying: " In a Nov. 17 interview, Young said the system is probably worth less than $1.5 billion, based on its revenue stream."
I think thus far the County Commission, and in particular Mr. Denard, have already gone a long way toward facts and figures that will require no sewer rate increases on us ordinary sewer rate payers. The pro forma analysis data above speaks for itself. These dollar figures are ballpark but make the case that we are focused on the wrong sewer rates to be raised. The residential rates in my view now do not need any rate increases whatsoever.
Please note that John Young only back billed one year of revenue from the very sources of highest paying sewer revenue accounts, those of the non-residential and special (high-strength industrial, outside waste accounts.) "Although 90% of users are in the residential class, the non-residential class accounts for 60% of sewer use revenue." (See page 8 of 15 pages of Denard remarks)
Commissioner Bowman wants to hire Grigsby bond bankers, pay them $230 million in refinancing of sewer warrants cost...and voted to pay millions in lawyer fees as a Commissioner under Commission President Bettye Fine Collins. In short his remarks are disingenuous, distorted, and self contradictory, to put it mildly.
1. The last thing Jefferson County needs is a formal refinancing of it's sewer, general fund, and education construction various warrants. Commissioner Bowman advocates Grigsby Investment Bank for such.
2. Warrants refinancing creates an instant profit windfall for the bond bankers/underwriters that in just the case of the Jefferson County sewer warrants would create an almost $1.7 billion dollar capital gain in today's low interest rate bonds
3. The Jefferson County Sewer Plan and the other two of three total Chapter 9 Bankruptcy Plans debt is best written down, as allowed and provided for under Chapter 9, with repayments of the reduced principal amount via county notes paid periodically.
4. The future county notes are exchanged periodically for old warrants which are thereby retired.
5. This process saves all refinancing costs for the county. Warrants refinancing costs woud total approximately $230,000,000 added on top of the base amount of warrant to be refinanced.
6. "Flipping" of new sewer warrants by the bank underwriters (Grigsby had hoped via Commissioner Bowman) to have reaped a quick capital gain of around $1.7 billion. See my prior e-mails over the past year for the detailed math.
Jefferson County sewer crisis hearing draws large crowd | al.com
Apr 25, 2011 ... Attorney Jim McFerrin and Calvin Grigsby, CEO of investment bank Grigsby & Associates, who spoke at the request of Bowman and members ...
THE BOND BUYER, Friday, February 3, 2012
Grigsby to Fight Illinois Secretary of State's ISAC Allegations
Friday, February 3, 2012
By Yvette Shields
Grigsby Banker Hit With $15K Fine for ISAC Advise - January 30, 2012
Illinois Suspends Ex-Grigsby Banker's License Over ISAC Advice - October 12, 2011
CHICAGO — Grigsby & Associates Inc. owner Calvin Grigsby said he will vigorously fight accusations leveled by the Illinois secretary of state that he failed to properly supervise a former banker in the firm's Chicago office who advised the Illinois Student Assistance Commission to invest in a bank that later failed.
Secretary of State Jesse White's office has not filed formal charges in a public document alleging securities violations, but it outlined its evidence that could eventually lead to charges in a document Grigsby said he received this week.
White's securities department last month entered a consent order imposing various penalties, including a $15,000 fine against former Grigsby public finance banker Alvin Boutte Jr.
The office last October temporarily suspended Boutte's license, accusing him of providing misleading advice that led to ISAC's $12.8 million investment for its pre-paid college tuition program in a 2008 public offering in ShoreBank Corp. Federal authorities seized the bank in 2010, rendering the commission's investment worthless.
Though the office has not formally issued any charges against Grigsby, the Boutte consent order concluded that Boutte and the firm breached their fiduciary duty to ISAC. The order attributed the finding to Boutte and the firm's failure "to prepare a complete and accurate offering analysis and prudence opinion that fairly and objectively evaluated the prudence" of the investment based on ISAC's goals.
Calvin Grigsby said he received the "statement of evidence" document earlier this week from White's office alleging that he failed to adequately supervise Boutte. It also alleges a breach of fiduciary duty on the firm's part and seeks a written response from Grigsby.
Neither Calvin Grigsby nor his firm has been charged with any wrongdoing, but the document could represent a precursor to the possible filing of charges in the future.
A representative of the secretary of state's office confirmed that it had sent Grigsby a document and said: "Mr. Grigsby is under investigation." The spokesman said he could not comment further as the probe is pending and the document is not public.
Grigsby fired back.
"The charges regarding supervision are not violations under state securities laws," he said. Grigsby has defended the firm's advice, saying ISAC conducted its own due diligence and went forward with the investment. He has requested from the secretary of state's office all documents, interview transcripts and other notes that led to the office's development of the "statement of evidence" document.
The document — provided by Grigsby to The Bond Buyer — is dated Jan. 27 and reports that an ongoing investigation has disclosed evidence of a failure on Grigsby's part to properly supervise research and offering analysis prepared on the ISAC investment and possible violations of state securities rules.
Grigsby serves as the firm's chief compliance officer.
The statement of evidence alleges that Grigsby or another principal should have reviewed three offering analyses produced by Boutte before they were submitted to ISAC.
The document alleges the firm breached its fiduciary duty by failing to provide updated information on the number of bank failures in its last offering analysis completed prior to the September 2008 closing date of the investment. It also alleges that the firm — through Boutte — failed to inform ISAC of the significance of ShoreBank's disclosure that it had missed financial goals. The document also questions Grigsby's supervision in the firm's prudence opinions, which labeled the investment a "prudent" one.
"The recommendations and investment advice to ISAC regarding the proposed investment in ShoreBank Corp. were unsuitable" and a violation of state securities law, the document reads. It also alleges that the firm did not conduct internal audits of its branches and failed to adequately maintain emails.
The document also alleges that during 2008 and 2009, Boutte provided Chicago Bulls and White Sox tickets to former ISAC executive director Andy Davis and an ISAC commissioner valued at more than $100, but the firm failed to maintain any records on the type, amount, and recipient in violation of regulatory rules.
The San Francisco-based firm ranked 70th last year as a co-manager nationally but did not make the rankings among co-managers in Illinois after finishing fourth in 2010. The firm ranked 122d nationally as a senior manager last year and was 33d in Illinois, according Thomson Reuters.
Boutte resigned to take a position at another firm last summer and has since resigned from that firm. Ongoing losses suffered by ISAC's pre-paid college tuition program led Gov. Pat Quinn last year to overhaul its board and leadership.
THE BOND BUYER, Wednesday, October 12, 2011
Wednesday, October 12, 2011
By Yvette Shields
Ailing ShoreBank Seeks the Aid of an Ailing State - January 27, 2010
CHICAGO — The Illinois secretary of state has temporarily suspended former Grigsby & Associates Inc. public finance banker Alvin J. Boutte Jr.'s license, accusing him of providing misleading advice to the Illinois Student Assistance Commission in its $12.8 million investment in a failed Chicago bank.
Secretary of State Jesse White's securities department issued the order on Oct. 3 after neither Boutte, who was based in the firm's Chicago office and listed as a partner and managing director, nor his attorney appeared to answer questions regarding the investment at a hearing Sept. 21.
Boutte has 30 days to respond.
The order charges Boutte with violating his fiduciary duties and recommending an unsuitable investment in violation of state securities rules.
It temporarily prohibits him from "offering and-or selling securities and from the business of rendering investment advice in or from the state of Illinois until further order of the secretary of state."
State regulators accuse Boutte of misrepresenting the safety to ISAC of a $12.8 million investment in 2008 in a private offering by ShoreBank Corp., which was shuttered by federal banking authorities in 2010.
He also failed to disclose conflicts of interest in offering his advice, according to the order. The investment was made on behalf of ISAC's troubled $1.35 billion pre-paid college tuition program.
Boutte failed in his fiduciary duty by not providing a "complete and accurate" assessment of the investment and he failed to disclose to ISAC that he was working on behalf of ShoreBank to drum up other investors whose interest was contingent on ISAC's participation in the offering, according to the order.
Boutte was registered with the state at Grigsby from February 2007 to September when he was terminated, according to the order. He was registered from September to October at M.R. Beal & Co., according to state and federal regulators.
Before joining Grigsby in 2007, Boutte worked at SBK Brooks Investment Corp. A representative of M.R. Beal did not return calls to comment. Boutte's lawyer also did not return a call to comment.
Grigsby president Calvin Grigsby, who was not directly involved in reviewing the private-placement transaction, fired back at the secretary of state's order, denying the firm failed in its responsibilites. Grigsby submitted a dozen documents that note ISAC had hired an independent firm, Dykema Gossett, to conduct due diligence on its behalf, its disclosure that the contingent fee could result in a conflict of interest, and statements that its analysis was based only on current information and not forward looking.
"I think the accusations are not based on any documentary evidence. They show that ISAC conducted its own review through an independent firm," Grigsby said.
He added that he has dozens of emails with various documents he contends repeatedly support his position. He did not address the order's accusation that Boutte failed to disclose that other investors' participation in the offering was contingent on ISAC.
He said Boutte was not "terminated." He submitted his resignation in August to move to move to M.R. Beal. Sources said Boutte resigned from Beal because of the state's action.
The investment saga begins in January 2008 when Boutte first floated an offering analysis of a potential investment in the privately held SBC. At the same time, Grigsby submitted a proposal as part of a competitive selection process undertaken by ISAC to establish a pool of bond underwriters.
Grigsby was the only broker-dealer to submit a proposal offering financial advice, investment banking and analysis services related to investments of assets held by ISAC's 529 prepaid college tuition program.
At the time, ISAC's rules did not allow for investments in private placements or offerings of restricted stock. Grigsby recommended a series of changes that paved the way for a loosening of investment standards in hopes of increasing earnings and the board approved them.
Grigsby submitted a revised SBC analysis in June. The ISAC board approved the investment in August and closed on it in September, when Boutte again submitted a revised SBC analysis that closely mirrored his previous reports.
In a September opinion, Boutte wrote: "Based on the information we gained during this extensive [due diligence] process and our understanding of the investment objective of your fund, it is the opinion of Grigsby & Associates that this investment as proposed is a prudent investment for ISAC's prepaid college trust fund," the order recounts. "We recommend it without qualification."
A series of "significant" events after the board's August approval "should have resulted in Boutte advising ISAC not to invest in SBC," the order reads. In discussing bank failures in his investment analysis reports, Boutte said just three banks had failed in the United States between 2005 and 2007. The secretary of state's order reports that the number was in fact 10.
Boutte also allegedly downplayed the bank's ranking assigned by federal banking regulators and dismissed its missed financial marks, saying they were "no big deal" and the bank could "weather any storm."
In August 2010, the Federal Deposit Insurance Corp. took over the bank — once hailed for its community lending and development efforts — as it faltered due to bad loans. The agency sold off its assets, wiping out the ISAC investment.
ISAC paid Grigsby a $255,000 fee for its work in December 2008. The fee was contingent on the investment and, unbeknownst to the ISAC board, Boutte had solicited other investors whose participation in the offering was contingent on ISAC's investment.
The secretary of state's office issued a subpoena in early September and though an attorney for Boutte responded, neither appeared at a hearing Sept. 21.
The secretary of state's action was first reported in Crain's Chicago Business Tuesday, which has chronicled the troubled college tuition program that suffered severe losses. Those losses prompted Illinois Gov. Pat Quinn to overhaul the board this year and oust its former executive director.
Rich Saskal contributed to this story.
ALVIN JOSEPH BOUTTE, Jr File NO. 1100227 - CyberDr...
Sep 21, 2011 ... C/o Mr. Calvin B. Grigsby. President. Grigsby and ... Vice Chairmanand COO. M.R. Beal & ... of Illinois as a salesperson for Grigsby and Associates, an Illinois ... investment banking services to state and local governments and ...
Racism is in the eye and mind of the beholder. Internet factual data on all area Hospitals has huge workloads at all hospitals except UAB Highlands, which has a lighter than Cooper Green workload.
Cooper Green is simply a worn out old building needs non-existance mutli-million dollar cost of upgrading and maintenace.
I agree that the professional and administrative staff work hard at all our area hospitals, including Cooper Green. However, the absentee rate at CG for pregnancies among all staff at all levels does seem to be higher at CG vs. all other area hospitals. CG has about 40% of it's RN staff on pregnancy leave at any one point in time.
Can you give us all similar data comparisons for all other area hospitals RN maternity leaves as a percentage of each hospital's RN work force? That can be your homewokr for the weekend.
No one is looking for the rare exception where an emergency room patient is brought in unconscious and of course has to be treated, despite for being an out of county person.
What we are focusing on and talking about here are the deliberate, awake, consciously seeking something for nothing care Inpatients and Outpatients who try to use Cooper Green which burns up our scarce County residents only indigent care tax dollars. Many folks use "all" hospital emergency rooms to get 100% care, some of which is at all hospital ERs in our county ends up being "indigent care" type folks who can't pay. Cooper Green is not unique in getting Indigent ER patients, but is unique in that it has the Indigent Care tax dollars to help off set the Cooper Green share of ER Indigent Care patients.
This is of course a serious topic and not one for "gaming" and avoidance of budget law violations within Jefferson County.
And for general info to all readers most cities in fact change which emergency room at which hospital is open to receive any and all truely emergency patients 24/7. Our good friend Gil Wideman, now deceased, was enroute from a wreck, in bad shape, to "a" emergency room here in Jeffco. His family told me that "which emergency room" would and eventually did "accept him" as an Emergency Patient in their ER was changed more than once before the ambulance driver was finally told which hospital ER to take Gil to.
No one is looking for the rare exception where an emergency room patient is brought in unconscious and of course has to be treated, despite for being an out of county person.
What we are focusing on and talking about here are the deliberate, awake, consciously seeking something for nothing care Inpatients and Outpatients who try to use Cooper Green which burns up our scarce County residents only indigent care tax dollars.
This is of course a serious topic and not one for "gaming" and avoidance of budget law violations within Jefferson County.
And for general info to all readers most cities in fact change which emergency room at which hosital is open to receive any and all truely emergency patients 23/7. Our good friend Gil Wideman, now deceased, was enroute from a wreck, in bad shape, to "a" emergency room here in Jeffco. His wife told me that "which emergency room" would and eventually did "accept him" as an Emergency Patient in their ER was changed more than once before the ambulance driver was finally told which hospital ER to complete taking Gil to.
1. The County Commission is doing it's job under existing law and should be praised not attacked for doing whatever is necessary to get Cooper Green within it's Indigent Care One Cent Sales Tax stream of revenue.
2. The Joint Commission on Accreditation of Hospitals Organization (JCAHO) has in recent years written up poor management failures at Cooper Green, which is now only conditionally evaluated, sometimes 2 and 3 times, every year since 2010.
3. Cooper Green needs to be placed under the County Health Department, which the new County Commission has the existing power to do...the Commission can "detail" the Hospital under the 5 MD County Health Dept. Board and the County Health Officer.
4. The last thing the county needs is a stand alone Health Authority, as that would both perpetuate duplication of efforts for outpatient clinics by both Cooper Green Outpatient Clinics and the County Health Dept. Outpatient Clinics.
5. While the Inpatient workload at Cooper Green is very light, it in fact is second to UAB Highlands Hospital even lighter Inpatient workload.
6. The County Commission is fully aware that it needs to stop intake of Inpatients at Cooper Green, which Inpatient Programs are a big part of JCAHO violations and cost overruns.
7. The County Commission, not the Legislature, is the action body for all matters pertaining to Cooper Green.
8. Summarized, the model for the County Health Dept. should include Cooper Green Outpatient Clinics all becoming part of the County Health Dept. Outpatient Clinic system "under one roof" so to speak.
9. In the middle of a record breaking healthcare funding crisis worldwide, not just in the US, Commissioner Bowman has for too long stuck his head in the sand over Cooper Green. Medicaid is hurting everywhere for funding, not just in Alabama.
10. Finally, we have some legislators and others who are as guilty as the unrealistic Cooper Green supporters in thinking that unearmarking the Indigent Care Tax will solve the County's General Fund revenue crisis. This is absolutely false and wrong headed thinking.
11. The Indigent Care tax money follows the patient workload wherever Inpatients go to when and if Cooper Green Inpatient Services are ended. Likewise, Cooper Green Outpatient Indigent Care funding follows the Outpatients wherever the future, I hope merged, Cooper Green and County Health Dept. clinics are located.
12. A major cost overrun point is being ignored by all sides, pro and con over Cooper Green. This is that out of county, folks not living in Jefferson County, are using our county tax payers Indigent Care Tax dollars for illegal services at Cooper Green. NO out of county patients, Inpatient nor Outpatient, nor Emergency Room, should be admitted any more at Cooper Green. This is another mismanagement area where the County Commission should be more "loud and clear" to stop out of county patient costs for and at Cooper Green immediately.
1. You never refinance our crooked sewer warrants!
2. The to be written by the county commission Sewer Chapter 9 Bankruptcy Reorganization Plan writes down the sewer debt to around $1.1 billion, not just to $1.4 billion.
3. The county then pays with periodic notes which are "swapped" for the old sewer warrants, which swap devalues and retires warrants every time a periodic note is paid on the sewer debt.
We elect public officials to manage and run our various levels of government.
The new County Commission inherited a horrible mess and has done under all circumstances and continues to do the best job humanly possible under all inherited and now ongoing bankruptcy circumstances.
1. The County Commissioned in year one hired and got a study done of sources and uses of funds for all Jefferson County government by the Dallas based FTI Consulting folks. While slow to release the written report to the public (Rep. Paul DeMarco forced that public report's release just this Spring) the FTI study was the right thing to have initially done to survey the facts of the whole county government budget.
2. The ill fated Creditor driven Settlement of the nation's largest ever Municipal Bankruptcy has been dealt with intelligently by the County Commission hiring in my opinion the best Chapter 9 specialty law firm in the nation out of California.
3. Rep. Paul DeMarco's legislation creating the office of the County Manager was likewise a major step forward in more modern management of the largest county in the state. This office became law during the prior County Commissions tenure, when then Commission President Betty Fine Collins flatly refused to comply nor recruit a new county manager.
4. Meanwhile the NEWS and would be king makers at the BBA continue to take pot shots at what is a clean attempt by the new Commission to right our ship of state of and for Jefferson County.
5. While I would appreciate an even more publicly visible county governance process, and current financial and budget data on the Internet for Jeffco, considering all the new Commission has been up against, I agree with Chief US Bankruptcy Judge Thomas B. Bennett who said in writing that the new Commission is clean and moving to right past wrongs and do the best job possible under all circumstances. In saying this Judge Bennett pronounced the new Commission as restored under Chapter 9 to do the necessary three Plans for Bankruptcy Reorganization of Jefferson County.
6. THE NEWS has dogmatically opposed Chapter 9 Bankruptcy Reorganization and now delves into micro-management issues which the Legislature soundly defeated in their recent regular session.
Rather than have Mr. Hansen reporting on the Samford University Public Affairs Research Council of Alabama views on Jefferson County past and now current, lesser levels of revenues I think it would be more helpful for the NEWS to get behind and support Rep. Arthur Payne's HB586 which provides the only rational solution for the loss of revenue by the County General Fund with year following of sets of the net sewer rate increases against the to be reinstated occupational tax.
Jefferson County is "stuck with" prior Commissions let General Obligation Warrants and we have to have a rational Plan written by the new Commission to resolve the General Obligation/General Fund Bankruptcy as one of the three separate Plans for Chapter 9 Bankruptcy Reorganization.
You cannot just solve one or two Plans, you have to close out all three Plans for Bankruptcy Reorganization, get the plans either approved by the Creditors or crammed down on fewer Creditors by the Bankruptcy Judge.
HB586 meets US Bankruptcy Judge Thomas B. Bennett's January 6, 2012 Memorandum Opinion analysis requirement as stated below:
"When sewer usage charges increase beyond a point, the ability of the County to obtain revenue from other sources for other purposes is constrained. Despite the fact that the County has not pledged its full faith and credit for the payment of these warrants, this form of debt still indirectly impairs its ability to borrow and tax. At the point now reached by the County, the payment of increasing sewer charges takes monies from its residents that might otherwise have been available via taxes, assessments, fees, or other means." As found at: http://www.alnb.uscourts.gov/jca/jca_0509_01.pdf on page 5.
AT ISSUE here is the bankruptcy of the county General Fund, whose General Warrants are owed and which some Plan for Chapter 9 Reorganization Bankruptcy has to be written by the Commission, then approved by Chief US Bankruptcy Judge Thomas B. Bennett.
Regarding the need for the new Commission to better manage the county's budget and finances. The Alabama State Revenue Dept. has long focused on the inept money processing mismanagement of the Jefferson County Tax Collectors office. The Commission needs to use all means existing and available to it, including the County Attorneys office and the Department of Examiners of Public Account to get the current Tax Collector, who inherited a horribly set up and mismanaged cash flow department to immediately contract out for a bank lock box receipt and deposit processing system for the collection of all county taxes and fees. The Commission can hold public hearings at the court house and focus the county tax collector, who is elected, to answer hard business questions and get him to contract out for a bank lock box with the open aid and support of the entire Commission. The Commission can likewise bring into such open public hearings career senior officials of the Alabama State Revenue Dept. to make the County Tax Collector face up to solving via contracting out for a bank lock box system his inherited cash flow mismanagement dilemma which predates the county's bankruptcy by many years.
Chapter 9 Bankruptcy involves three, not just one, Plan, for the Sewer (bankrupt warrants funded by sewer revenue), the General Fund (bankruptcy general obligation warrants formerly primarily funded by the occupational tax and other lesser sources of general fund revenues); and the Education Construction Fund, which is funded in all counties statewide by the 1 cent education sales tax and which can ONLY be used to fund in each county education related expenses.
If the NEWS and PARCA want to play with competing numbers then look at the ratio of per County General fund money vs. Earmarked funds in each County:
Jefferson County = .7074 of General Funds are earmarked
Mobile County = .8888 of General Funds are earmarked
Montgomery County = .33 of General Funds are earmarked
Madison County = .8219 of General Funds are earmarked
This tells me, and you, that Jefferson County, Mobile County, and Madison County have similar county budgeting constraints in that all three have a majority of all county funds "earmarked" with Mobile and Madison Counties being more "earmarked" than is Jefferson County. Montgomery County is not a comparable budgeting and financial management example with only 1/3 of all county funds there being earmarked.
Let's simply ask our County Commission to repeately keep publicly tying all Chapter 9 three Plan themes together with the operating variables of the total county governmenet as it now exists and is financed via lesser revenues...and to focus the General Fund Chapter 9 Plan on a either/or scenario outcome:
- Either accept the loss of occupational tax or equivalent replacement taxes as a permanent event in writing the Chapter 9 General Fund Plan or
- Leave in the General Fund Chapter 9 Plan a "contingency" clause that "if" replacement revenues are found during the processing of the Chapter 9 Plan via a Special Session of the Legislature (perhaps in August, 2012 time frame) then a majority local bill support of Rep. Arthur Payne's HB586 has to be the focus and solution for replacement revenue as well as year later increased sewer rate offsets on the occupational tax.
A Special Session should have only one bill, HB586, on it's agenda Call by the Governor. It is time for the Commission and the entire Local Legislative Delegation to get behind this common sense HB586.
I got notices from Millie's office in Commissioner Carrington's office deferring the Commission meeting from Monday, May 14 to Tuesday May 15 to Thursday May 17.
What date exactly and at what time will the Commission NOW decide to meet???
To help my fellow sewer rate payers and various inside Jefferson County tax payers understand Chapter 9 vs. this news story:
1. J. Thomas Corbett has very little authority which he has pretty much exhausted in making these three appointment recommendations to Chief US Bankruptcy Judge Thomas B. Bennett.
2. There are three Plans under Chapter 9 which the Jefferson County Commission and it's outside retained Chapter 9 national and international expert attornies are dealing with.
3. Two Plans deal with "secured creditors:"
- Sewer Warrant Creditors are secured by the Net Sewer Revenue of Jefferson County, which value of net sewer revenue is what all the big fight is over before Judge Bennett.
- Education Construction Warrant Creditors are secured by the county's education tax of 1 per cent, which is dervied from a 1950 statewide school tax law which is intermittently used, paid off, then used again by various counties, including Jefferson, statewide, over the years.
- TODAY's Sunday, May13, 2012 naming of three Jefferson County creditors for the UNSECURED CREDITORS COMMITTEE deals only, solely with the General Obligation Warrants of Jefferson County which has no concrete "security" hence these folks are "UNSECURED" CREDITORS.
4. Thus the General Obligation Warrants Plan under Chapter 9 is 100% dealing with unsecured creditors, and they and this Plan have nothing to do with either the Sewer Plan nor the Education Construction Plan.
5. Speculation otherwise is innocently mistaken on your part(s).
6. I will speculate, myself only, that two of these three Unsecured Creditors, Beckman Coulter, Inc, of Illinois and UAB Health System involve Cooper Green Hospital. This is to be explained further by the bankruptcy court and/or the county attorneys, so let them speak to it.
The last thing Jefferson County needs is business folks who don't understand government budgeting and accounting trying to tell the county commission how to improve their business practices. The County paid nearly $1 million for the Dallas, TX FTI Study in April 2011, then failed to follow through on their recommendations. Now Jabo Waggoner's SB567 meddles with internal management of county finances when all that was needed has large been done, already, with the creation of a County Manager. What was defeated in 2010 now is needed, creation of the Office of a County Comptroller. That would round off what the county needs IF the 5 commissioners will insist that the county manager run the county within it's means, stop asking to restore ex-employees, and use contracting out for things like Smallwood's revenue collections and quite wasting time NOT doing what simply and clearly needs to be done yesterday.
Vote NO on SB567 The Alabama Financially Distressed Counties Act.
GOALS: SEWER PLAN - Write warrants debt down from $3.14 billion to around $1.1 billion. EDUCATION CONSTRUCTION FUND PLAN: Write warrants interest rates down to or near ZERO and pay off face amount in full. GENERAL FUND PLAN: Write off 100% of all General Obligation Warrants and use whatever existing revenues remain as supplement to the badly depleted General Fund both for the balance of FY 2012 and all future budget years. If unable to get the Bankruptcy Judge to agree to 100% write off then create ZERO Interest rate and write principal down by 75%.
***Valejo, California Chapter 9 Plans approved by US Bankruptcy Judge in July, 2011 wrote off millions; reduced a majority of warrants/bonds interest rates to ZERO PERCENT, so these suggested goals are hard facts, not wishful thinking.
1. PLAN FOR a Jefferson County General Fund under Chapter 9: Vote NO on Senator Waggoner's SB567 at .005 that also includes a 1 cent sales tax. Vote YES FOR Rep. Arthur Payne's HB586 at .0045 which is less than Senator Waggoner's Bill. In addition Rep. Payne's Occupational Tax Bill will decrease yearly as sewer rates rise and contains NO sales tax whatsoever.
Out of county workers here in Jeffco would have a decreasing not an increasing occupational tax under Payne's HB586. And, out of county workers would have NO new sales tax under Payes HB586.
2. PLAN FOR a Jefferson County Education Construction Fund under Chapter 9: There is no such thing as the current Jefferson County Education Construction 1 cent sales tax ever "going away." It exists statewide for all 67 counties by Constitutional Amendment since 1950 and can be called back into use at any time in future once current Jeffco education construction warrants are paid off. Anyone saying otherwise is misinforming you, to be polite.
3. PLAN FOR SMALL SEWER RATE INCREASES UNDER SEWER PLAN FOR CHAPTER 9: Jefferson County per US Bankruptcy Judge Thomas Bennett has reached its defacto debt limit and can no longer both raise significantly sewer rates and tax the same rate payers with a new Occupational Tax.
From Judge Bennett's January 6, 2012 Memorandum Opinion:
"When sewer usage charges increase beyond a point, the ability of the County to obtain revenue from other sources for other purposes is constrained. Despite the fact that the County has not pledged its full faith and credit for the payment of these warrants, this form of debt still indirectly impairs its ability to borrow and tax. At the point now reached by the County, the payment of increasing sewer charges takes monies from its residents that might otherwise have been available via taxes, assessments, fees, or other
means." As found at: http://www.alnb.uscourts.gov/jca/jca_0509_01.pdf on page 5.
In case some Legislators are unaware per Jefferson County Commission President David Carrington the majority of the sewer rate payers in all of Jefferson County are White. A substantial number but less than 50% of sewer rate payers in Jefferson County are Black. This is NOT a racial debate, it is a highly unemployed, highly underemployed, average working or laid off man and woman's debate. It also is a killer debate for upcoming new college and university graduates, along with high school graduates, who have to rent (can't afford to buy) housing as they TRY to enter the job market this summer, who will pay sewer and occupational taxes. All existing and new Jeffco workers deserve a lower increase in sewer rates they will have to pay with a declining occupational tax.
PS - Vote NO on any and all SBs or HBs that propose a Sewer GUSC or a Health Care Authority GUSC. Government Utility Service Corps. are the bond lawyers, big banks, and bond guarantors/insurers friend, thus automatically the enemies of all taxpayers in Jefferson County. Sewer and Health Care Authority proposed GUSCs are a smoke screen to float hundreds of millions if not a few billion dollars in new Warrants outside of the Jeffco county debt limit creating more new additional long term debt on the backs of us who pay sewer rates and indigent care taxes. VOTE NO on both Sewer GUSC and Health Authority GUSC HB or SB, or joint bills. It makes no sense to pile more debt on an already bankrupt county on the same sewer rate and tax payers, us! Why get out of bankruptcy under Chapter 9 only to be dumped into new warrants debts we still can't afford, all over again, via the two proposed GUSCs neither one of which will have enough positive cash flow to both fund current operations and amortize new Warrants long term debt!
I guess Chief US Bankruptcy Judge Thomas B. Bennett is per the NEWS really dumb and stupid.
Judge Bennett's January 6, 2012 Memorandum Opinion in the matter of our Jefferson County Chapter 9 Bankruptcy Reorganization is 100% in support of the facts and literal language of Rep. Arthur Payne's HB586.
And year to year future Jefferson County general fund tax growth via the proposed replacement Occupational Tax is mathematically absolutely able to absorb any and all sewer rate increases as reductions in our occupational tax rate. There will at all times still be net growth in the Jefferson County occupational taxable base.
Jefferson County per US Bankruptcy Judge Thomas Bennett has reached its de facto debt limit and can no longer both raise sewer rates and tax the same rate payers with a new Occupational Tax unless both are "levilized."
From Chief US Bankruptcy Judge Thomas B. Bennett's 6 January 2012 MEMORANDUM OPINION, as found on Page 5 Judge Bennett writes:
"When sewer usage charges increase beyond a point, the ability of the County to obtain revenue from other sources for other purposes is constrained. Despite the fact that the County has not pledged its full faith and credit for the payment of these warrants, this form of debt still indirectly impairs its ability to borrow and tax. At the point now reached by the County, the payment of increasing sewer charges takes monies from its residents that might otherwise have been available via taxes, assessments, fees, or other means." As found at: http://www.alnb.uscourts.gov/jca/jca_0509_01.pdf on page 5.
Jefferson County's de facto debt limit having been reached currently was cited in testimony by attorney for the county David Sterne on April 11/12, 2012 in open US Bankruptcy Court for the Northern District of Alabama. Mr. Sterne submitted written data Exhibits for the record to Judge Bennett showing that Jefferson County is now about at its debt ceiling. I was there to see and hear these facts in person.
US Chief Bankruptcy Judge Thomas Bennett states categorically that the county sewer department cannot pay more than its current net sewer revenue collections. "For the post-bankruptcy period, the contested pledged special revenues should continue to be paid to the Indenture Trustee for the benefit of the warrant holders consistent with the contractual requirements. There is one qualification. To the extent that these pledged special revenues are insufficient to cover the necessary operating expenses of the County's sewer system as referenced in 11 U.S.C. § 928(b), the amount of the pledged special revenues otherwise payable to the Indenture Trustee will have to be reduced."
As found at: http://www.alnb.uscourts.gov/jca/jca_0509_01.pdf on page 2.
Rep. Arthur Payne has three Masters Degrees. One is in Accounting and another is in Finance. Payne as a very young US Army veteran was Executive Assistant to the late UAB President Dr. S. Richardson Hill before he was elected some 34 years ago to the Alabama House of Representatives. Rep. Payne can do his math very well.
Here is the real story which the NEWS only in today's May 3, 2012 editorial "House of Payne" touches on:
- It is the deliberate rip off intention of JPMorgan Chase Bank, Bank of New York Mellon, Regions Bank, and other Chapter 9 bankruptcy creditors to try to do what Chapter 9 forbids...to "write" the county's bankruptcy reorganization Plans (3). Only the Jefferson County Commission can write it's three Plans under Chapter 9.
- In the case of both the Sewer Plan and the General Fund Plan special interests, the same bond attorneys, creditors, and bond underwriters as before are seeking to create a GUSC for the Sewer and a GUSC for what is now Cooper Green Hospital.
- A government utilities service corporation in both instances is the vehicle through the back door, via the GUSCs, foir the Sewer GUSC and the County Health Authority GUSC to re-enter the capital borrowing or bond market place where the bond attorneys and big banks, and underwriters, will have a "field day" at the expense of us grassroots Jefferson County sewer rate and occupational tax payers.
UNLESS you have as US Bankruptcy Judge Thomas Bennett wrote on 6 January 2012 a leveling cost off set on the backs of us sewer rate and tax payers we are otherwise doomed as sewer rate and tax payers to more out of control debt and spending here in Jefferson County via GUSCs for the sewer system and a Jefferson County Hospital Authority.
Representatives Payne, DeMarco, Carns, and Mr. White, CPS met not long ago in Jim Carns kitchen in Vestavia to go over White's study and spread sheet "Jefferson County Sewer System" Financial Model. This same or a virtually identical study was then and is now in the hands of the county outside attorneys, Messers Klee, Stern, and Pfister. This White prepared Financial Model factors in and provides cost coverage in future small yearly sewer rate increases such things as future repairs and upgrade of a sewer treatment plant(s), as well as building an overall capital reserve fund which allows the county in 10 year cycles to replinish capital funding WITHOUT going back to the capital bond market place.
NOTE: County outside attorney David Sterne noted on 12 April 2012 in US Bankruptcy Court that a growing number of actual and near bankrupt Municipal entities nationwide are today self financing out of mistrust of and bad experiences with prior municipal bond market place creditor banks, guarantors, and insurers.
Summarized the White Sewer Financial Model provides for Debt Service Coverage Before Capital Expenditures from Net Revenues. The model also provides for Debt Service Coverage After Capital Expenditures from Net Revenues.
Sewer Rate increases go up slightly year to year from 1.5% the first year to 2.46% the tenth year.
"Sunsetting" of any HB dealing with a replacement occupational tax is exactly the wrong thing to do as noted just last week on the Editorial Page of the NEWS when they attacked Rep. Jack Williams House Bill that proposed a sunset occupational tax to be followed by a new one cent county sales tax. This week the NEWS likewise attacked Rep. Paul DeMarco's HB for proposing a sun setting Occupational Tax.
Sunsetting is a bad idea for bankrupt Jefferson County at any time, and in that regard my good friend Commissioner Jimmy Stephens is being misled by former bond dealers and current tense bond attorneys and bond dealers to slam Rep. Payne's HB586 for NOT having a sun set provision. Commissioner Stephens reason to WANT a sunset provision in any Occupational Tax is to enable creation of a future Sewer GUSC which then immediately creates off books new, additional bonds/warrant capital debts on the backs of us Jefferson County Sewer Rate Payers all over again as happened under Langford, Collins, and a long list of now in federal prison ex-County Commissioners. Bad idea!
I ask all in the House Members and ultimately Senators to support Rep. Arthur Paynee's HB586. It is a simple, clean bill and immediately meets the General Fund funding needs of Jefferson County. It blocks bond attorneys, bond dealers, and bond insurers, which is a GOOD THING!
Senator Waggoner, you are my State Senator and a very old friend since 1980. Please support HB586 now and once it comes up in the Senate as you are the Senate Rules Committee Chairman, a very heavy responsibility in these bankrupt times.
You are mixing apples and oranges, politely meant. The other costs of doing business you bring up are outside the scope of the county bankruptcy, which is what the restored (proposed) occupational tax and future (small is my hope) sewer rate increases are focsed on. Nothing else.
Vote NO on Senator Slade Blackwell's SBs 573 and 574, which seeks to subvert and increase the long term debts on the backs of us Jefferson County tax payers, in this case, the Indigent Care Tax.
"Bills would allow Cooper Green to be clinic" article by David White of the NEWS Montgomery Bureau in the Wednesday, May 2, 2012 newspaper, notes but does not focus that this is a GUSC, Government Utilities Service Corporation-like Senate Bill designed to get around the County's debt limit .
The new Jefferson County Commission is underway right now via it's new Jefferson County Manager taking downsizing and related budget cutting actions at Cooper Green.
It would be more appropriate for us taxpayers to have new legislation to place Cooper Green and a downsized primarily Outpatient Mission under the Jefferson County Health Department which already has 6 Outpatient Clinics serving over 200,000 Outpatient Visits per year now.
The Jefferson County Health Department has a huge reserve fund with which to buy out the existing Cooper Green Hospital and associated Cooper Green Parking Garage. NO NEW DEBT if the Jefferson County Health Dept buys out and operates the current Cooper Green health facilities.
Bond lawyers and bond underwriters galore are chomping at the bit in the wings.
Jefferson County Tax Payers will still foot the bill via the proposed move of the Indigent Care Tax of $43 million a year, coupled with Medicaid, Medicare, and private pay health insurance, all of which WOULD BE USED to amortize new bond or warrant issues to borrow the money, new, additional debt for us tax payers, for the so-called proposed "authority" to buy Cooper Green Hospital and it's very valuable Cooper Green Parking Garage.
VOTE NO on Senate Bills 573 and 574. DO NOT sneak past the county's proper credit limit. DO NOT enable the bond lawyers and bond underwriters, most of whom are the same one's who bankrupted Jefferson County to begin with!
Here is the exact language HB586 which was reported FAVORABLY out of the Jefferson County Local Delegation Committee today, Wednesday, May 2, 2012.
Note the exact language is that all Professions who otherwise pay a business or license tax or fee in exact words in HB586 have their new Occupational Tax reduced, as in off set, by the cost of their Professional Tax or Fee.
It is past time now for the entire Jefferson County Delegation to bipartisanly pass HB586 in the full State House of Representatives to vote FOR as in YES for HB586.
2 136126-3
3 By Representative Payne (N & P)
4 RFD: Jefferson County Legislation
5 First Read: 20-MAR-12
Page 0
1 136126-3:n:02/16/2012:FC/tan LRS2012-603R2
13 Relating to Jefferson County; to authorize the
14 Jefferson County Commission to levy an occupational tax in the
15 county; to provide for distribution of the tax; and to
16 expressly repeal Act 99-669, 1999 Second Special Session.
18 Section 1. This act shall apply only to Jefferson
19 County.
20 Section 2. As used in this act, the following words
21 and terms shall have the following meanings ascribed to them:
22 (1) COUNTY. Jefferson County.
23 (2) OCCUPATION. Business, trade, occupation, or
24 profession.
25 (3) PERSON. A natural person.
26 Section 3. The purpose of this act is to authorize
27 the Jefferson County Commission to levy an occupational tax on
Page 1
1 each person engaged or employed in any occupation in the
2 county.
3 Section 4. The Jefferson County Commission, by a
4 four-fifths recorded vote, may levy an occupational tax on any
5 person engaging in or employed in any occupation in the
6 county.
7 Section 5. The tax authorized to be levied shall be
8 paid to that officer or employee of the county chargeable with
9 the duty of collecting taxes payable to the county.
10 Section 6. The tax authorized to be levied by the
11 governing body of the county on any person for engaging in any
12 occupation may not exceed the rate of forty-five hundredths of
13 one percent (.0045) of compensation, excluding benefits, or
14 net income before taxes, whichever is less, for any occupation
15 conducted in the county. The maximum tax rate may not be
16 increased without the approval of the Alabama Legislature. On
17 January 1 of each year the then current occupational tax rate
18 shall be decreased by the total percentage of any increase or
19 increases in sewer rates during the previous calendar year. In
20 the case of any person engaged in an occupation, the amount of
21 any occupational tax due under the act shall be reduced by any
22 business license tax paid pursuant to a municipal ordinance,
23 any license or privilege tax payable pursuant to Act 2011-662,
24 or any other business license tax paid pursuant to general
25 law.
26 Section 7. The proceeds from the tax shall be
27 deposited in the county general fund.
Page 2
1 Section 8. All laws or parts of laws which conflict
2 with this act are repealed. Act 99-669, 1999 Second Special
3 Session (Acts 1999 Second Special Session, p. 168), is
4 expressly repealed.
5 Section 9. If any provision of this act shall be
6 held by any court of competent jurisdiction to be invalid,
7 such invalidity shall not affect any other provisions of this
8 act and the act shall be given full force and effect as
9 completely as if the invalid provision had not been included.
10 Section 10. This act shall become effective
11 immediately following its passage and approval by the
12 Governor, or its otherwise becoming law.
I fully expect Senator Waggoner (my state senator) to be the double for Rep. Jack Williams HB. IF Jabo wants to serve ALL us in his Senate District, per his statements today of holding off from a full Senate vote, then he will quickly have to admit and recognize that Rep. Arthur Payne's HB 586 is the BEST approach:
- occupational tax at 0.45%
- when sewer rates are increased in any year in the future, the following year the Occupational Tax rate will be reduced, as in CUT, dollar for dollar, to maintain a level cost load on the backs of us sewer rate and the occupational tax payers.
- The natural real growth in the county economy now being achieved mathematically says that the Occupational Tax will continue to collect more revenue as the off setting cuts will be small and the gross growth inoccupational tax, after sewer increase offsetss the following year, will still be more, not less, than the occupational tax collected in the prior fiscal year.
Jabo is about age 76+ now and his willingness to be a statesman should compel him to support HB586, in lieu of Rep. Williams HB...which creates double taxation on us Realtors, doctors, lawyers, architects, and other professionals. Senator Waggoner is himself a practicing attorney.
More money in the long run will flow to our currently bankruptcy Jefferson County general fund from HB586 than from Senator Waggoners stand-in for Rep. Jack Williams HB.
Apologies for the double post, trying or tried to get three columns of comparison facts side by side, as existed in the companion e-mail I sent out to about 700 "friends" but somehow the NEWS "receiver" of e-mails with separated narrative columns of statements would not accept delineated info, creating tdhe chaos you see in my messed up posting here. Second attempt likewise proof read fine but posted in same goofy fashion. My apologies, but second half of my posting summarizes the key points well enough, just a waste of your time that I regret to read thru garbled formatting of my posting.
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text: Hello, For the last few months, every time I've had a riding lesson, I've been told off for having 'fixed hands' but I've not know how to correct this. It's really noticeable as every horse I've ridden lately has gone around with its head in the air, if not actively shaking its head so I'm obviously doing something wrong. However, my real confusion started last night when my instructor told me to use my hands in a completely different way than I'm used to. She told me to keep moving my writsts in and out with my thumbs on top so that the tips of my thumbs were pointing at each other and then out again. This did seem to stop the horse fighting my hands so much, but it felt like it was encouraging me to stick my elbows out and also, my hands felt 'busy' as she told me to keep doing it, not just when I was making a turn. I've always thought I should sponge my fingers to make a turn, rather than move my wrists, but now I'm confused because I'm obviously doing something wrong, but I'm not sure that this is the correct solution. Please help!

subset: commoncrawl


text:
|Patrick Peterson CB LSU
|Ht: 6'1″
Wt: 212
|Elite size, speed and overall athleticism for a cornerback. Has the potential to be a true shutdown corner. Excels in man coverage. A physical cornerback that won't back down from mixing it up with bigger receivers at the line of scrimmage. Shows good ball skills. Does a nice job turning and reacting to the ball in the air. An elite corner in zone coverage; does a great job reading the quarterback and reacting quickly. Far exceeds expectations for a cornerback in run support. Very reliable tackler, occasionally delivering a big hit. Above average return specialist; can probably return kicks/punts early in his career in NFL.
|Overaggressive at times. Seems to get cocky on the field at times and takes too many risks.
|Peterson is the best cornerback prospect to enter the draft in a very long time, and possibly the best ever. There are a very select few players at the position that possess his blend of size and speed. He excels in every aspect of the game and his success on special teams is an added bonus. He could very easily come off the board higher than any defensive back in NFL Draft history.
Posted on February 22, 2011 by in Scouting Reports - 2011 1 Comment


text:
Hang tight!
Recipe by Betty
"This is an easy tofu egg salad recipe."
Hmm. None of these ingredients are on sale today.
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1 pound
firm tofu, cubed
4 cups
1/4 cup
white vinegar
1 pinch
This was soo awesome! I was really skeptical because I have yet to find a way to make tofu yummy to me, I used some Nasoya Nayonaise to mix the egg salad and it's the first time I've liked the tofu or the Nayonaise. I used expired tofu and it still turned out great!
I think I'll try the one posted by the Sara Lee company....that one looked like it had more than just tofu, water, vinegar and salt!
18 Ratings
I love eggless egg salad -- it's so easy and versatile, and you can spice it up however you like! Give it a whirl!
It is amazing how close this is to real egg salad. My husband (who is not vegan) really loved this! I will definitely make this again!
If you closed your eyes while eating it you'd think it was real egg salad. I cut the tofu into small tiny cubes instead of mashing it. Mmm...
I love this recipe. I use it as a starter for "eggless salad" and add some nayonaise and spices to the flavor I like. The best thing about this recipe for me is that it is perfect to use on tofu that is at its "use by date". I cook it up quickly, then make the salad the next day.
I'm sorry but it is vingear tofu not Eggless Egg Salad. Since the tofu takes the flavor from the ingredients NOT from itself which is extremely bland almost flavorless esp for Western tastebuds, this is pure vinegar. Which is ok if you like to drink vinegar. It needs more than just the vinegar to make it "egg salad"
I loved this recipie, it was so easy and quick. It was perfect to take on day trips. We home school our children so we go on alot of day trips. It was good to be able to take this along. What a healthy choice
* Percent Daily Values are based on a 2,000 calorie diet.
Eggless Egg Salad
Serving Size: 1/6 of a recipe
Servings Per Recipe: 6
Amount Per Serving
** Calories: 110
** Calories from Fat: 59
Pile it into a tomato half, load it into a wrap, or spread it on bread. Chicken salad does it all.
Broccoli salad makes a great side dish or a light main dish on a warm night.
Delicious recipes, party ideas, and cooking tips! Get a year of Allrecipes magazine for $7.99!
See how to make a simple, satisfying egg salad.
See how to make a classic egg salad for sandwiches and crackers.
See how to make an egg salad with lots of tangy mustard and dill weed.


text:
125 million iOS devices, 300,000 apps, 35,000 iPad apps
As part of their Q4 2010 conference call, Apple today announced that 125 million iOS devices have been sold to date. That includes the 14.1 million iPhones, 4.19 million iPads, and perhaps the 250,000 Apple TVs this quarter. No iPod touch numbers were broken out, but 9.05 million iPods in general were also sold. That brings the iPhone up to 40 million sold in the last year on 156 carriers in 89 countries, and 7.5 million iPads in the last 6 months in 26 countries. They're activating and average of 275,000 iOS devices a day, peaking at 300,000.
Turning to the App Store, Apple made the official call on 300,000 apps, 65,000 of which are games or entertainment, and 35,000 of which are iPad specific.
Again, that's a huge target for developers and a very stable ecosystem for users who might want to take their app investments with them as they upgrade or move to more/other iOS devices.
Have something to say about this story? Leave a comment! Need help with something else? Ask in our forums!
Reader comments
125 million iOS devices, 300,000 apps, 35,000 iPad apps
The single greatest Consumer electronic company we have ever seen. This was a stellar quarter and the only thing holding Apple back is supplies. They should have announced all the people still WAITING for iPhones to put them even more out of reach. Steve Jobs is a CEO on a whole spryer level. This quarter next year will sell 30 million iPhones if it keeps on going at this pace and addition of verizon. Flash memory is going to run out big time
125 million iOS devices and iTunes still erases all your apps when you sync with a second PC.
I got a idea for a game app twisted metal touch
The apple's power is getting big!


text:
All Android applications categories
All Android games categories
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text:
Washington, D.C. weather forecast: Sunny and cool Sunday
October 19, 2013 - 11:30 PM
Text size Decrease Increase
Sunday will bring brighter skies and temperatures in the 60s, but big changes are on the way for the upcoming week.
- Overnight:
- Gradual Clearing
- Lows: 38°-50°
- Wind: Northwest 3-8 mph
- Sunday:
- Turning Mostly Sunny
- Highs: 60°-65°
- Wind: Northwest 5-10 mph
- Monday:
- Mostly Sunny
- Highs: 62°-67°
- Wind: South 5-10 mph
Follow ABC 7's Steve Rudin on Twitter @SteveRudinABC7
Skies will gradually clear overnight as a cold front moves off the Atlantic coast. Temperatures will range from the 30s in the mountains to around 50 in the District.
Look for an enjoyable Sunday as highs rebound into the lower to middle 60s. A change in wind direction will allow for slightly warmer temperatures Monday. A strong mid-week cold front will bring a shot of much cooler air by the end of the week. Highs will be in the 50s with overnight lows in the 30s.
For the latest headlines, stay with ABC 7 News, NewsChannel 8 and WJLA.com
Short URL: http://wj.la/19YoGjr


text:
Features Protected: Sitka spruce/Oregon oxalis, western hemlock/swordfern community, western hemlock/salal-deerfern community, western hemlock/Oregon oxalis community, Columbia torrent salamander, and Van Dyke's salamander.
Ecoregion: Northwest Coast (Pacific County)
Site DescriptionThis 557 acre NRCA is composed of a diverse forest community that ranges in age from young to old growth (more than 200 years old) stands. The site contains portions of Elkhorn Creek and Smith Creek and is dominated by western redcedar, western hemlock, and Sitka spruce. In portions of the site, very large (up to 8 feet in diameter) western redcedar and Sitka spruce are common. The old growth forests of this site and an adjacent privately owned preserve have some of the highest diversity of amphibians of any location in Washington. The preserve also provides important breeding habitat for the federally threatened marbled murrelet. Natural forests, like those at Ellsworth Creek NRCA, are extremely rare in Willapa Hills of southwest Washington.
Science, Research and MonitoringPublic and private universities, other research institutions and individual researchers may contact DNR to propose a research project at the site. If you are interested in pursuing research at Ellsworth Creek NRCA, please contact David Wilderman, natural areas ecologist, at firstname.lastname@example.com.
Environmental Education and Public Access Currently no formal educational programs are available at Ellsworth Creek NRCA. The site has no developed public access facilities. For more information, contact the DNR Pacific Cascade Region natural areas manager.
Carlo AbbruzzesePacific Cascade Region Natural Areas firstname.lastname@example.com
Washington Natural Areas Program Brochure