text:
Independent village school among top education stories of 2012
Staff Writer
BENNINGTON -- It was a busy year for the six school districts of the Southwest Vermont Supervisory Union as one-third of the schools greeted new principals, years of consolidation discussions wrapped up without resulting in changes, and one district is now on the brink of closing its public school to give way to an independent one.
By town, here are the education highlights from 2012. Bennington
* Donna Cauley, previously assistant principal at Bennington Elementary, replaced former Monument Elementary Principal Brian Crego on an interim basis in February and was hired permanently over the summer.
* Replacing Cauley at Bennington Elementary this year is Jerry O'Connor, who taught at Mount Anthony Union Middle School the past five years.
* Bennington School District began public pre-kindergarten in the fall, making all 4-year-olds eligible to attend preschool at private preschool partners for 10 publicly funded hours a week.
* The school board discussed multiple solutions to a classroom shortage expected to hit as early as next school year and last until 2020. The board discussed leasing off-campus space, tuitioning students to other schools, re-organizing the grades served at each school and building a 10,000-square-foot addition to Bennington Elementary. The addition appears to be the leading choice of the board, although a decision has yet to be made.
* After failing to meet Adequate Yearly Progress for the second consecutive year, Monument Elementary joined the ranks of other Bennington schools to be identified by the state as needing "school improvement." The designation put an end to allowing families in the other BSD school attendance zones choice to send their children to Monument under the federal No Child Left Behind Act.
* Timothy Payne replaced longtime Principal Warren Roaf at MAUMS over the summer. A longtime Bennington resident, Payne, was principal of Mount Greylock Regional School in Williamstown, Mass., the previous seven years.
* MAU High School began an exciting new technology pilot across subjects in which different teachers are piloting laptops, Chromebooks, iPads and a "bring your own technology" class.
* MAUHS eventually decided to maintain the minimum grade point average of 70 after administration's recommendation to lower it drew harsh criticism from the public in the spring.
* Students Griffin Thomas and Alexina Federhen were picked as representatives on the state's new Harassment, Hazing and Bullying Prevention Advisory Council to offer a student perspective to the group made up largely of adults from education and anti-bullying groups.
* Residents voted in March and November (and again in January 2013) to replace North Bennington Graded School with the independent Village School of North Bennington. The decision divided the community between those who feel the decision is the best chance of sustainability to those who fear a loss of local control, as just 52 percent of voters were in favor of the change in the two most recent votes. The process took about two years of research, public outreach and planning, which was drawn out even more by multiple delays. The initial plan to make the transition over the summer was called off because the State Board of Education did not approve the Village School's independent school application because it did not have a settled special education agreement. It now appears the transition will take place this summer after getting state approval in January.
* The Prudential Committee created a new policy to accommodate two families allowing children to return to NBGS for sixth grade free of cost if they moved out of the district in fifth grade. The decision was praised by some while criticized by others.
* Another contentious decision by the board was to use $26,000 of money entrusted to the school district by the late Ethel "Babs" Scott to pay for attorney fees of the independent Village School.
* The Legislature amended the school district's charter to expand the Prudential Committee from three to five members -- a change that happened in practice after voters agreed to the change in 1999. The district's attorney said it was not necessary for the legislature to approve the charter change, but lawmakers did so as a precaution after the issue was pointed out.
* Todd Phillips replaced Joy Kitchell as principal at Pownal Elementary over the summer, coming from an assistant principal position in North Carolina.
* The school district reached an agreement to sell the former Oak Hill School, part of which dates back to 1800, for $65,000 in July. Empty underground oil tanks discovered shortly thereafter have delayed the sale as state officials required numerous tests to be performed on the soil.
* Principal James Harwood announced in December his plans to retire at the end of the school year after five years in the position and 34 in SVSU.
* The school district received a generator formerly at MAUMS after it was offered to both BSD and Shaftsbury. When the BSD school board announced it wanted the generator after Shaftsbury came to the same conclusion it began a controversy that was decided when the MAU school board finally voted 5-4 to award it to Shaftsbury.
* Woodford School District received good news over the summer when it received nearly $200,000 of impact aid from the federal government for its national forest land -- more than twice what it anticipated. Some of the funds will be put into a reserve fund while some of it will be used to offset taxes this year.
* Sparked by incentives in Act 153 all SVSU school districts as well as Arlington and Sandgate participated in a study committee exploring consolidation to form a regional educational district (RED). After meeting monthly for a year and spending $13,500 on consultants the committee disbanded in June as members expressed no interest in consolidating.
* After the assistant superintendent post remained vacant two years, Donna Leep was tapped to fill the position over the summer. Leep is a longtime Massachusetts educator and administrator.
* Former MAUHS English teacher Frank Barnes was hired on a permanent basis as the technology director after being appointed on an interim basis the previous fall.
* School cafeterias across the country featured healthier choices due to a new federal law that went into effect this school year. Students and parents alike criticized the revisions the first few weeks of school, although administration has said that anger has subsided.
* Part of the new lunch requirements are for every student to take a piece of fruit with their lunch. Because many students were throwing the fruit away, schools began a "give-back" bucket to make unwanted fruit available to students who wanted an additional piece. The Vermont Department of Health, citing a law that food served in a school cafeteria may not be redistributed, abruptly put an end to the practice after the innovative idea was publicized in the Banner.
* In December, a half dozen parents of autistic children made passionate pleas to overhaul autism programs, particularly at the elementary level. Complaints about staffing shortages and professionals not having the training to meet the increasing student needs were among the most serious issues raised. SVSU, which was already looking at revamping autism programming, has made significant additions to next school year's budget to help meet the needs. An autism committee of parents and staff was supposed to be formed in December to help address the immediate and long-term needs, but the group has yet to meet.
* Southwest Vermont Career Development Center -- which is not a part of SVSU but shares a building with MAUHS -- hired Marie-Pierre Huguet as the new adult education director to replace Robert Mazur who retired over the summer.
* Michael Lawler, who had taught law enforcement at the school for more than a decade, was hired as the new assistant director, replacing Robert Montgomery who also retired over the summer.
* The school board was unanimous in its December decision to reject a recommendation to dissolve and become part of MAUHS or SVSU, which was suggested in an efficiency audit completed in January by Dr. Robert Schiller. Of approximately 50 recommendations in the report the school board has addressed nearly half. More than a half dozen recommendations were to cut positions, but so far the board has only decided to eliminate the outreach coordinator. The district is still in the process of addressing recommendations in the report.
If you'd like to leave a comment (or a tip or a question) about this story with the editors, please email us. We also welcome letters to the editor for publication; you can do that by filling out our letters form and submitting it to the newsroom.


text:
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Thanks for helping us associate the correct Pornstars to this video!
Ayúdanos: ¿Estas estrellas porno aparecen en este vídeo?
Pornstar Name:
I am moving to Budapest tonight.
whats her Name?
Herrlich abgespritzt, kein Wunder bei diesen sexy Girl
Nice lady we need a few at our club we $$$ here 365 Beaches ,sexy legs too
Omfg I would never cheat on my bf!! Screw her, little bitch
5 minutes of wasted video... let's see the fucking!
super video
I love the fact she has a live in boyfriend yet is here for this guy to fuck her. ifrquently fantasize my wife comes in for an audition and this guy screws her.
adoro metterglielo mentre ha le cosce spalancate; non amolapecorina
1 hour start to finish by the old clock on the wall.
Awesome pussy on ths one and she knows how to move it.Sweet little looker.
i'd do them all. i mean really, all these eastern european girls are not only but very at ease w. sex. however, the lies this guy pulls are terrible. i'd go at it differently, but then again, i would not get stranger girls get undressed so fast and ready for sex.
looks like we Hungarians like to make porn :D
she is going to get caught because her boyfriend is in the house and she is going to receive mail and wow very good and intense
damn bitch cheating on her boyfriend....but i have to say... she's hot... -.-
awesome girl!!! no funny parts in this video though
Looks like this guy watched a lot of BRCC and now improved his way of getting the girls
Ich glaube der Pussy hat der Fick maechtig Spass gemacht.
is the best!
I want to get in on the next one!!!
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subset: commoncrawl


text:
[Verse 1: Beanie Sigel]
Ashes to ashes, dust to dust
In other words, he shall live but die you must
Instill your faith in ever whom thy trust
Instill your faith, get crushed my a man like such
Don't let them niggas gas you up like Sig is, but
Sig the shit, but far from ass
Stop the blood clot crying, the pain shall pass
But for now meet the reaper and feel thy rath
Green as the grass shall be on the other side
Another lie told to you by old blue eyes
Blue is the color of deception, so my recollection
Now you're lost with no direction
I'm a stand up man, I stand on my own two, firm
Why fool never learn? Play with fire, get burned
But my word you don't trust it, now it's too late once you touch it
[Verse 2: Young Chris]
Uh, Young C, SP, yo
I love my niggas for life, ain't no doubt about that
My nigga Free, nigga Crack, throw a shout for Mac
Oschino and Sparks, them niggas my heart
(insert lyric) Kept them one hundred from the start
HOV prop, we was fresh off the block, like what?
Came at Nas, came at the locks, ain't give a fuck
Whoever came at big homie had a problem with us
See we was all we knew, in Roc-a-fella we trust
Now this bullshit split up, fucked the whole shit up
Knocked us back to scratch, how the fuck we get back to that
Niggas need you big homie, gotta get back to rap
I mean, facts is facts, 16 you had my back
Now we back corner to corner, niggas laugh at that
Seeing me firing the streets, how you ain't mad at that?
Let alone niggas plan my demise, tough love
Big homie you ain't stand by my side. How can I (run to the ROC)
[Verse 3: Omillio Sparks]
It's death before dishonor and I'm a fucking rider
Flicking my middle finger to all the corporate liars
Juelz can feel the fire, cause he's a fucking traitor
I'm far from a hater, I never been a liar
My fucking youngest riding, it's like they let us suffer
Making they skins thicker, making they circle tighter
And they ain't relying on us, to get them out the gutter
See what I want for myself, I want for my brothers
Calm as a mother fucker, and ya'll some fronting niggas
I'm trying to feed my babies, ya'll trying to starve my siblings
I ain't received the cheques since my boy Mac was sentenced
Law sent us back, what's your personal business
Now we back in the trenches in this hurting position
Imagine me in the kitchen somewhere working the dishes
You get your wish if you ever planned my demise
Tough love, big homie you ain't stand by my side, how can I (run to the ROC)


text:
LOS ANGELES – Fresh off the best week of any player in college basketball, with four consecutive games of 21 points or more, Bruins freshman Shabazz Muhammad appeared ready to take center stage for UCLA (11-3) on Thursday — just in time for the curtain to open on Pac-12 play.
But a funny thing happened on the way to the Bruins' first Pac-12 victory of the season, a 79-65 triumph over Cal (8-5). Muhammad struggled to get into any rhythm the entire first half. He shot just 1-for-7 in the stanza, struggled around the basket at times and couldn't seem to get much of anything to fall. Muhammad would bounce back to finish with 16 points — after shooting 4-for-6 from the field in the second — but his frustration was palpable.
Click here to read some notes and quotes from the game
And yet, without their most dynamic playmaker carrying the load as he had in the past two weeks, the Bruins would still win convincingly, as the team's supporting cast carried over its near-masterful performance from last week's upset of Missouri. Travis Wear, who hadn't put up double-digit points in any December game other than against Missouri, followed up his 22-point effort against the Tigers with 13 points against Cal, 11 of which came in the first half. Norman Powell, who had played through a sprained ankle all week, finished with 10 off the bench — eight in the first.
But perhaps most impressive was fellow freshman Kyle Anderson, who had taken a backseat to Muhammad on offense in recent games. Anderson scored plenty of tough baskets down the stretch — putting up 13 points in the second half — and finished with his second double-double of the season, collecting 12 rebounds.
Still, even with a much better team effort than UCLA would've turned in just a month ago, the Bruins would need their star down the stretch to win their 10th consecutive conference home opener. With four minutes remaining and the Bruins having pushed their lead back to eight points, Muhammad caught the ball behind the arc and launched a smooth left-handed stroke for his second 3-pointer of the game, putting the game out of reach.


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Meadows to speak Friday in Hendersonville
Freshman Congressman Mark Meadows will be the featured speaker at a public forum at 7 p.m. Friday at the Henderson County Historic Courthouse. A previous news release contained the wrong date for the event.
Sponsored by the Conservative Christian Action Team, Meadows will discuss the ongoing efforts in Congress to tackle the most pressing and challenging problems facing this country, and what his role has been in both leading and supporting some of the conservative efforts. There will be time for questions and answers.
Meadows, who represents counties across Western North Carolina, will provide an update on some of the major legislation that impacts local communities. Call 828-693-3164 or visit www.ccactionteam. org for more information.
Great Quotes talk set for Thursday
Rabbi Phil Cohen will be the featured speaker for the Great Quotes program set for 7-9 p.m. Thursday at the Smoky Mountain Theater at Lake Pointe Landing, 333 Thompson St., Hendersonville.
An earlier news release contained the wrong date.
Cohen received rabbinical ordination from Hebrew Union College-Jewish Institute of Religion in New York City. He received a Ph.D. from Brandeis University. His interests include bioethics, theology, philosophy, poetry and fiction. He is the author of many articles and recently completed work on a novel, "The Search for Shmulie Shimmer," which he hopes will someday find a publisher.
A $5 donation is requested, and all collected money goes to a general scholarship at Mars Hill College. Call 828-685-9995 or email email@example.com for more information.
Salvation Army day camp registration
Registration for The Salvation Army's Betty A. & Richard Scott Summer Day Camp has begun.
The day camp for children ages 5-12 will operate from 8 a.m. to 5:30 p.m. Monday through Friday, June 10-Aug. 22. The day camp offers a program in a Christian environment involving Bible lessons, arts and crafts, music, recreation, field trips and snacks.
Applications may be secured at The Salvation Army office, Fourth Avenue West at Grove Street, Hendersonville. There is a $45 registration fee, and a weekly rate of $45. Call 828-693-4181, ext. 20, for more information.
Community briefs: April 30
Meadows to speak Friday in Hendersonville


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Poll: Obama voters split on deficit
The coalition of voters that gave President Barack Obama a second term splits over how to reduce the deficit, according to a poll released Monday.
A survey of 800 Obama voters, conducted last month by Benenson Strategy Group for the moderate Democratic think tank Third Way and shared first with POLITICO, finds that 96 percent believe the federal deficit is a problem and that 85 percent support increasing taxes on the wealthy.
Story Continued Below
Yet 41 percent who supported the Democratic incumbent want to get control of the deficit mostly by cutting spending, with only some tax increases, while another 41 percent want to solve it mostly with tax increases and only some spending cuts.
Just 5 percent of Obama supporters favor tax increases alone to solve the deficit, half the number who back an approach that relies entirely on spending cuts.
"News flash: Paul Krugman," said Lanae Erickson Hatalsky, director of Third Way's social policy and politics program, firing a rhetorical shot at the liberal Princeton economist who uses his New York Times column to agitate for more federal spending.
"They want him to take on and solve the big issues, but they want him to do it in a pragmatic way and they trust him to compromise," added Hatalsky, who has written a memo analyzing the results."He won not because he appealed to the ideological wings, but because he wooed voters in the middle."
Third Way has spent the year championing a grand bargain to avert the impending fiscal cliff. A campaign that began in June called "Now or Never" urges Democrats to agree to an all-of-the-above budget deal that includes entitlement reform, defense cuts and tax increases.
The poll of 800 self-identified Obama voters was conducted by Peter Brodnitz of the Benenson Strategy Group from Nov. 7 to Nov. 9. The margin of error is plus or minus 3.5 percent.
Eight in 10 Obama supporters feel strongly that both Democrats and Republicans "need to make real compromises to come to an agreement on fixing the deficit." Two in three believe it is "immoral" to leave future generations with $16 trillion in debt. Three in four agree that reducing the deficit will help grow the economy.
Yet a plurality of 40 percent said they are more concerned that Obama will agree to a deficit deal that cuts too much spending compared with 31 percent who worry the president will not do enough to reduce the deficit. And by a margin of 39 percent to 28 percent, more Obama voters think he will compromise too much with Republicans to get things done than believe he will stick too rigidly to his positions and not get things done.
The poll follows the release of a blizzard of papers and memos from Third Way that have argued tax increases alone will not solve the debt problem. The think tank's economic team met with more than 100 congressional offices this summer to make their pitch.
Half those surveyed were asked whether the federal government should be doing more to help the needy, and 73 percent said yes. The other half were asked whether the federal government should do more to help the needy "even if it means increasing the federal debt," and only 57 percent said yes. Four in 10 said no.
Obama voters divide about evenly between moderates and liberals, a distinction that colors their view of the president and the role of government. Forty-two percent of Obama voters polled identify themselves as moderates, while 40 percent said they are liberal. Fourteen 14 percent said they are conservative. Even among those aged 18 to 29, only 44 percent called themselves liberal compared to 41 percent who said they are moderate. A quarter of those polled identify as independent.


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The Best Is Yet to ComeCy Coleman/arr. Quincy Jones - Jazz Lines Publications
This classic Frank Sinatra arrangement from the pen of Quincy Jones comes from the It Might as Well Be Swing album, recorded in 1964 with the Count Basie Orchestra. This song, along with Luck Be a Lady; My Kind of Town; New York, New York and a few others helped cement Sinatra's unique, memorable, and often imitated style. This is a very laid back, swinging chart that allows the singer to shine. Brass ranges: Trumpet 1 to high E, trumpet 2 to high C, and trombone 1 to C-flat. Vocal keys: A-flat to C, to D-flat, to A.
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Discussion in 'Miscellaneous' started by Miss Chicken, Jan 4, 2013.
I just read an article about you poor kids on livescience.com.
Sounds dreadful.
My prayers are with you all.
Never fear, as usual New Zealand is on the way to help out.
I think I can speak for all Tasmanians when I say we really appreciate the help we are getting from New Zealand and Victorian firefighters.
The local situation is (relatively speaking, of course) a bit more positive for now, but the weather will deteriorate again in the coming days so anything is possible. Hopefully people will keep paying attention and not imagine this is over with.
There are reports of horrendous livestock losses in other nearby areas. I can easily imagine how utterly devastating that will be for the people affected. Things can be replaced; those losses are forever. Horrible.
A view from above of some of the damage in Tasmania.
Wow.. Just.. Wow... Looks a lot like the area around our Little Bear Fire from last year... Luckily there were no injuries or deaths, but the flooding that came after the fire destroyed a lot of what the fire didn't.
Hang in there, guys!!!
Let me guess...........25?
"Summer" is a very relative term in Australia.
Here in Perth we REGULARLY get up to about 42 and it's, excuse me, FUCKING DISGUSTING.
It always makes us laugh when we see the weather this time of year and it's like, "Tomorrow, Hobart, 19".
In Summer our MINIMUM is barely EVER even 19!!!!
You guys are SO EFFIN LUCKY!!!!!!!!!!!!
no, it was 41.8 when I posted that and in fact the average maximum temperature this month on Tasmania has been 26.8C despite having one day as low as that which you make fun of.
Do you want to make fun of the 120 families that lost their homes, or the towns that were devasted by fire? Maybe you should make fun of me because I was extremely worried about people I knew who lived in the bushfire areas? Are you saying that Tasmanians shouldn't be upset because the next day after the firestorm the temperatures were only in the 20s?
Hobart might get far lower temperatures than Perth but it is more prone to bushfires.
If living in Perth is so difficult for you why don't you move, especially as you have previous complained about other things that are wrong with Perth.
Had it pretty easy where I live with mid-30s in the last week. Luckily the fires in the region that have started up have been mostly contained.
The only think that bothers me about heat is fires. If I didn't worry about fires I would be BRING IT ON when it hits the 40's.
The best weather is high 30's and rain. God I love that.
Still rather hot today here in Newcastle - around 40c. But unlike a few days ago, there is a lot of clouds in the air. Hopefully we'll get some rain later today, as should cool things down. Plus it make me more comfortable.
Did a lot of sight seeing during the last week with overseas relatives. Everyone moaning and crying about the heat (including the ones who live here) and I'm waving my arms around saying IT'S GLORIOUS!!! Yes I guess that was annoying of me but I'd rather be annoyingly happy than annoyingly full of complaints.
Its only 23C here today which, according to my weather app, is one degree warmer than Adelaide and the same temperature as Sydney and Melboourne so it looks like most coastal regions have cooled at least south of Sydney.
It is meant to rain down here but we are still waiting for it.
I think they were forecasting 48C for Birdsville today.
Says it's around 26C now. Still feels like it's in the low 30C. But now, the blue skies have been replaced with lots of dark clouds. Rain is likely, which I'm happy about.
Story, with video, about a dog who was badly burnt during the bushfires and who is being looked after by Miss Chicken's vet.
Also Dunalley Primary School will open up on the first day of school next month. They will have demountable classrooms and have received school supplies (books, computers, stationary etc) from all over Tasmania, Australia and the rest of the world.
High 30s and rain is what we are experiencing here today, except in Fahrenheit.
Next week should be interesting. I'm off to North Dakota where the high may not get above zero. Reminds me of my Vermont days.
I will never live in snow and that kind of cold again.
I had a Canadian friend who used to say "the worst part of Canada is there is no South."
33 houses lost yesterday near Coonabarabran, NSW. The Siding Spring Observatory has seemingly escaped any serious damage to the main telescopes though the out-buildings, including th accommodation buildings, have been destroyed.
Summer can sod off forever as far as I'm concerned. Anything over 30 degrees C is good for absolutely nothing, IMO. It's far easier to get warm than it is to stay cool.
Locally, the fire situation is much better - for now. In the north of NSW it's terrible - at least 33 homes destroyed and God knows what livestock and other losses. Just horrible.
Separate names with a comma.


text: Should the political policies of a country decide whether or not they host major world sport events? ...or is it better to use them to put pressure on the host country to effect change? For example should the Sochi Olympics be moved to protest president Putin's gay rights policy or should we go and have our athletes protest by them holding hands say? What would have happened if the 1936 Olympics had been moved?


text:
'Self Portrait' isn't Bob Dylan's best album. In fact, the legendary singer-songwriter admits that he made the 1970 LP to anger fans in an attempt to get them off his back. Now a collection of covers and live cuts from the era will be reissued as part of a remastered four-disc box that also includes the original record, which a critic at the time called "s—."
The double LP was mostly ignored by Dylan fans upon its release. The reissue, the next volume in Dylan's celebrated 'Bootleg Series,' will feature the 1970 album as well as cuts from 1968?s 'Nashville Skyline' and 'New Morning,' the record released four months after 'Self Portrait.' Dylan's set from the 1969 Isle of Wight Festival will also be included on the standard and deluxe editions of 'Another Self Portrait,' which will be released on Aug. 27.
Rolling Stone spoke with some of the key players on the original album and few held back on stinging words about the project. Keyboardist Al Kooper remembers Dylan rifling through Sing Out! magazine for inspiration. "They were his main feed," he said. "Then they pulled other things like 'Mr. Bojanges' and 'The Boxer.' I was like, 'Yikes!' At one point we recorded 'Come a Little Bit Closer' by Jay and the Americans. Hopefully, nobody ever hears that."
Dylan told Rolling Stone in 1984 that he intentionally recorded a bomb. Fans were staked outside his house in New York almost constantly at the time, begging him to lead the protest movement when he just wanted to raise his family. "I wish these people would just forget about me," he recalled. "I wanna do something they can't possibly like, they can't relate to. They'll see it and they'll listen, and they'll say, 'Well, let's go on to the next person.'" That plan didn't quite work out, as anger turned to outright resentment.
In addition to the remastered record, the reissue's Isle of Wight performance features Dylan's vocals up front in the mix. For years, official and bootleg recordings have buried his voice. The 35 songs that make up the rest of the 'Bootleg Series' outing includes alternative versions, demos and previously unreleased outtakes from the 'Self Portrait' sessions
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If you haven't had a chance to read the latest happenings in the Celiac community, grab a cup of coffee or tea and settle in. This so-called "chef" out of Denver, has basically admitted to poisoning Celiacs on his Facebook page. The posts have now been removed, probably at the direction of his attorney after the onslaught of messages he was probably receiving from the Celiac & gluten-free community. You can read about them here, though. Here are a couple of his rants from his page:
"May god help the Liberal hippie idiot whos going to ask for gluten free pasta this weekend."
"Gluten free is bullXXX!! Flour and bread have been a staple of life for thousands, THOUSANDS of years. People who claim to be gluten intolorent dont realize that its all in there disturbed liitle heads. People ask me for gluten free pasta in my restaurant all the time, I tell em sure, Then I serve serve em our pasta, Which I make from scratch with high gluten flour. And you know what? nothing, NOTHING! ever happens! People leave talking about how good they feel gluten free and guess what, They just had a full dose! Idiots!"
Seriously? You are knowingly feeding people with Celiac Disease gluten? What is wrong with you? I sure you wouldn't find this as amusing if someone were poisoning you.
I particularly like this open letter/response by Injera & Chocolate Gravy.
I guess my Wednesday wasn't so "wordless" after all.


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Julio; American Samoa Gov't v.
AMERICAN SAMOA GOVERNMENT, Plaintiff
HAYWARD JULIO, Defendant
High Court of American Samoa
Trial Division
CR No. 90-88
December 29, 1988
There is no constitutional right to be tried as a juvenile in criminal matters; legislature may therefore vest in attorney general the discretion whether to institute ordinary criminal proceedings or juvenile proceedings against a minor fourteen years of age or older, who has allegedly committed a violent crime.
In the absence of statute creating right to certification hearing to determine whether to prosecute minor as a juvenile or an adult, the minor has no due process right to such a hearing.
Territorial statute vesting discretion in attorney general to proceed against certain minors as adults was not constitutionally defective due to alleged inconsistency with general purpose of juvenile justice statute to accord special treatment to minors, since both the general rules of statutory construction and the specific language of another statutory provision indicated that the exception was deliberate and purposeful. A.S.C.A. §§ 45.0103(9)(B)(1), 45.0115(c)(2)(a).
Court will not interfere with the exercise of prosecutorial discretion unless it is shown that such discretion was unconstitutionally vested in the prosecutor or that it has been abused or [9ASR2d129] exercised in an arbitrary, capricious, or discriminatory manner.
Before KRUSE, Chief Justice, TUIAFONO, Associate Judge, and VAIVAO, Associate Judge.
Counsel: For Plaintiff, Barry I. Rose, Assistant Attorney General
For Defendant, Herbert Evans, Assistant Public Defender
The government has laid an information before the Court accusing the defendant of having committed the crime of assault in the first degree, a Class A felony, in violation of A.S.C.A. § 46.3520(a)(1). The defendant moves to quash the information and dismiss the criminal proceeding against him on the grounds that: he is a minor; and, that he has not been certified by the court to stand trial as an adult in violation of his rights to due process.
Government on the other hand, citing the Juvenile Justice Act of 1980, A.S.C.A. § 45.0115(c)(2)(A), asserts its statutory discretion to prosecute children over the age of fourteen years, who are accused of committing a "crime of violence."
We first look to applicable statute. Section 45.0115(c)(1) provides:
When a petition filed in court alleges a child 14 years of age
or older to be a delinquent child by virtue of having committed
an act which would constitute a felony if committed by an adult
and if, after investigation and a hearing, the court finds it would
be contrary to the best interests of the child or of the public to
prosecute the child as a juvenile, it may enter an order certifying
the child to be held for criminal proceedings as an adult.
(Emphasis added). [9ASR2d130]
This enactment plainly leaves it to the "court" to make, in the first instance, the decision whether or not a child should be proceeded against as a juvenile or as an adult. The succeeding subparagraph further requires the court to conduct a hearing.
The statute, however, also provides a number of exceptions to this general requirement. See A.S.C.A. § 45.0115(c)(2). Subparagraph (2)(A) of the enactment provides in pertinent part:
A child may be charged with the commission of a felony....
when the child is: A) alleged to have committed a crime of
violence and is 14 years of age or older.
Thus the statute also attempts unequivocally to permit prosecutorial discretion ---to charge a child 14 years of age or older ---in certain contexts, including the situation where a crime of a violent nature is alleged.
Defendant's Due Process Argument
The defense concedes that there is no underlying substantive constitutional or federal right to be tried as a juvenile in criminal matters. (1) Rather, we find on the cases that where a right arises to be treated as a minor (and hence to a certification hearing), it invariably arises through statute. In terms of the territorial statute, we find an exception to the general requirement for certification proceedings in the context of criminal actions alleging the commission of "violent crimes and in connection therewith, [9ASR2d131] the Fono has clearly given to the Attorney General the appropriate discretion whether to proceed under the criminal code or the Juvenile Act.
The separation of powers doctrine prevents the courts, in the normal course, from interference with such delegated discretion unless of course the discretion is abused or indeed the delegation is constitutionally improper. Having reviewed the provisions of the local statute and evaluated the weight of authority, this Court is persuaded not to depart from what it perceives as the normal course. See United States v. Bland, 472 F.2d 1329 (D.C. Cir. 1972), cert. denied 412 U.S. 909 (1973); Cox v. United States, 473 F.2nd 334 (4th Cir. ), cert. denied 414 U.S. 869 (1973); United States v. Quinones, 516 F.2d 1309 (1st Cir.), cert. denied 423 U.S. 852 (1975).
The defense referred us to a number of cases, including the Supreme Court's decision in Kent v. United States, 383 U.S. 541 (1966). We find nothing in these cases to suggest that a person, by reason of his or her minority, has an independent or absolute right to certification proceedings in all criminally related matters. Nor do we find any suggestion requiring the court's involvement in all cases. Rather, these cases were concerned with "statutorily" created juvenile rights and benefits necessitating judicial supervision in one manner or another. (2) Kent, for example, dealt with a District [9ASR2d132] of Columbia statute which conferred in the District' s Juvenile Court, "exclusive" jurisdiction over minors. The enactment further provided that where the minor is accused of committing a felony the Juvenile Court may waive its "exclusive" jurisdiction and authorize the prosecution of such minor before the District Court. The Court there viewed the statutory scheme of things as entitling the minor "to certain procedures and benefits as a consequence of his.... right to the 'exclusive' jurisdiction of the Juvenile Court." 383 U.S. at 557. In that a decision to waive jurisdiction by the Juvenile Court, in favor of prosecution before the District Court, could potentially mean to the minor the difference between five years confinement and the death sentence, the Court held that as a condition of valid waiver order, the minor was entitled to a hearing and access by his counsel to those social reports which a Juvenile Court might consider. Id. The Court concluded that "this result is required by the statute read in the context of constitutional principles relating to due process and the assistance of counsel." Id.
It may thus be seen that Kent was involved with specific juvenile rights statutorily created and which attracted the requirements of procedural due process as evident from the legislative scheme of the District's juvenile code, However, there are no comparable rights contained in the enactment before us as would attract procedural due process. There are no certification statutory hearing rights when violent crimes are alleged and in those cases the Attorney General, and not the courts, has the sole say.
Prosecutorial Discretion and Due Process
The difference between Kent and the matter before us seems to be the difference between the Fono's vesting in the Attorney General, as opposed to the courts, the discretion whether a minor should be held to juvenile or criminal proceedings. The case of Russell v. Parratt, 543 F.2d 1214 (8th Cir. 1976), illustrates.
This case involved the consideration of a Nebraska statute which apparently gave the County [9ASR2d133] Attorney "unbridled" discretion to proceed against a minor as a juvenile or an adult. The defendant claimed he was denied due process because the County Attorney was permitted to make this decision alone without any standards and without a hearing. The 8th Circuit followed Cox, Bland, and Quinones, and held that the exercise of prosecutorial discretion did not require a due process hearing. Id. at 1216. The court also distinguished Kent noting that Kent involved the decision of the juvenile court to waive its jurisdiction, and therefore, the juvenile was entitled to a hearing on the waiver, whereas, the case at issue did not involve judicial proceedings, but rather, the "traditional exercise of discretion within the executive branch." Id.
Similarly in Woodard v. Wainwright, 556 F.2d 781 (5th Cir, 1977), cert. denied 434 U.S. 1088 (1978), petitioners challenged the validity of a Florida statute which provided "'[a] child of any age charged with a violation of Florida law punishable by death or life imprisonment' shall be tried as an adult '[if] an indictment on such charge is returned by the grand jury. ' " Id. at 783. It was within the prosecutor's discretion to seek such an indictment.
The petitioners, relying on Kent, argued that they were entitled to a due process hearing before jurisdiction of the juvenile court could be waived.
The 5th Circuit, like the courts of the other circuits, distinguished Kent. "Kent concerned a statutory duty by a juvenile court judge to investigate and hear matters relevant to the waiver of juvenile discretion, whereas this case concerns the prosecutor's discretionary act to present his case to a grand jury." Id. at 784.
Further, the court upheld the statute. It reasoned that "treatment as a juvenile is not an inherent right but one granted by the state legislature, therefore the legislature may restrict or qualify that right as it sees fit, as long as no arbitrary or discriminatory classification is involved." Id. at 785. The court, quoting Bland, supra, noted that the legislative classification created by the statute was "'entitled to a strong presumption of validity [which] may be "set aside only if no ground can be conceived to justify [it]."'" Id. It then rejected petitioner's [9ASR2d134] argument that once the right to juvenile treatment is given by the legislature it cannot be taken away without due process. The court stated that petitioners had never really been given the right to juvenile treatment as the statute contained express limitations on the jurisdiction of the juvenile court. (3) Finally, the court also rejected the petitioner's argument that the statute was an "invalid and overbroad delegation of legislative authority to the prosecutor." Id. at 786. It said "[i]n light of our previous holding that juvenile treatment is a creation of state legislatures, we find no federal constitutional infirmity in permitting state prosecutors to employ their discretion to seek indictments against those juveniles who have allegedly committed serious crimes." Id.
As noted above, the enactment in question is a deliberate exception to the general requirement that before a minor may be prosecuted as an adult a certification decision must be made by the courts. This exception clearly permits prosecutorial discretion with the executive in cases alleging violent crimes. As the cases point out, the fact that this discretion is considerable does not result in the denial of due process. One case spoke of this prosecutorial discretion as involving [9ASR2d135]
"no more than that which is inherent in our system of criminal justice. Its origin is found in the common law of England." Johnson v. State, 314 So.2d 573, 577 (Fla. 1975).
Further, at common law a child over the age of 14 years was presumptively capable of committing a crime and the prosecution of such a person, as in every other case, was the subject of prosecutorial discretion. The amenability of minors to the criminal process has now been changed by the various juvenile codes legislatively adopted. What is in the power of the legislature to grant is also in the power of the legislature to withhold or limit as long as no arbitrary or discriminatory classification is involved. Woodard v. Wainwright, supra. Accordingly the reservation of prosecutorial discretion in whether or not to indict a minor accused of committing a certain range of offenses is historically well founded in our legal system.
Finally, the defense went to great lengths to attempt to show the desirability of eliminating prosecutorial discretion in favor of judicial certification proceedings. We simply dismiss these contentions as normative argument. The policy reasons behind certification proceedings versus prosecutorial discretion are matters within the legislative realm. The cite to Government v. Fuaalii. 4 A.S.R. 828 (1975) is misplaced reliance. The reasoning in Fuaalii, concerned legislative policy decisions which have been repealed by the statute before us and accordingly the case inapposite.
We conclude on the foregoing that the criminal information laid before the Court was the exercise of prosecutorial discretion vested in the Attorney General by the provisions of A.S.C.A. § 45.0115(c)(2)(A). There has been no showing whatsoever of abuse or that the exercise of this discretion has been arbitrary, capricious, or discriminatory.
Denied. It is so ordered.
1. The Florida Supreme Court in Johnson v. State, 314 So. 2d 573 (Fla. 1975), rejected an argument to the effect that due process is denied by a statute which created an exception to the jurisdiction of the juvenile court over a minor charged with the commission of a crime punishable by death or life imprisonment. The court explained that a child who is accordingly being prosecuted as an adult is not deprived of due process because he has in effect the same substantive and procedural rights as any other person charged with a criminal offense. Id. at 577.
2. The territorial Juvenile Justice Act of 1980 does not create a new juvenile court. The reference to "Court" in the enactment means Trial Division of the High Court. See § 45.0103(8). This same division which has jurisdiction over the prosecution of "violent crimes" also undertakes the certification hearings required by section 45.0115(c)(1). The Act's provision for judicial involvement in certification proceedings is somewhat different than the statutory schemes adopted by many of the states. These create separate juvenile courts with "exclusive" jurisdiction over minors. Such schemes authorize the juvenile court to waive its jurisdiction over minors accused of certain crimes in favor of the criminal courts. However, such waiver proceedings must afford procedural due process to the minor affected. See discussion of Kent, infra.
3. The defense raised a similar argument at hearing contending that A.S.C.A. section 45.0115(c)(2)(A) was constitutionally defective in that it was inconsistent with the overall purposes of the Juvenile Justice Act, namely, to accord the special treatment of minors. The innuendo is that the inclusion of this provision by the legislature was oversight.
Quite apart from the Court's difficulties in accepting such an interpretation because of the familiar rules pertaining to statutory construction, it is clear from the Act that the Fono's inclusion of the enactment was, to the contrary, quite deliberate and purposive. Section 45.0103(9)(B)(I) excludes from the definition of "delinquent child," "children 14 years of age or older who allegedly commit crimes of violence." The exception is recurring and not mistaken.


text:
Cowlishaw: I wasn't worried about Rangers a week ago, but now? Let panic set in
In most people's eyes, the Rangers' off-season has been filled with one miscalculation after another, leaving the team just hoping it can still contend in the West after its best three-year run in history.
I don't see it that way. In fact, I didn't see or hear anything about what the Rangers were thinking or where they are heading that scared me until this week.
Let the panic set in.
First, general manager Jon Daniels tells us that second baseman Ian Kinsler has decided not to move from the spot where he led the American League in errors in 2012 and how that's just fine and, as a result, Jurickson Profar may do his switch-hitting for Round Rock when this season starts.
And Mike Olt, the right-handed power prospect ranked right behind the switch-hitting Profar, might even join him there.
This was followed by manager Ron Washington's revelation Thursday that he sees the first four spots in his batting order staying essentially the same as last year with Lance Berkman being plugged into the No. 3 slot once filled by Josh Hamilton.
I don't know what aspect of this silliness is most troubling. I just know it doesn't look like a team that learned anything from the late-season collapse of 2012.
The position Kinsler had second thoughts about was first base, but in reality, he should be playing the outfield anyway. I don't know why the team isn't willing to try him in center field this spring. Just because he got caught stealing nine times last season doesn't mean Kinsler can't run and cover ground.
The idea that Craig Gentry and Leonys Martin will share the position or battle for it feels like too much wishful thinking. Offensively, neither is going to be Kinsler. And I don't know why anyone — other than those interested in stalling Profar's arbitration clock, which is about the total opposite of trying to win games — want the 20-year-old switch-hitter in the minors in April.
This is a team that got passed by Oakland on the final day and wasn't as good offensively — if you factor in ballparks — as the Angels a year ago. The Angels aren't going to get worse after adding Hamilton.
The Rangers need to be proactive in changing their lineup and moving forward without Hamilton, without Mike Napoli, without Michael Young. Kinsler hits with power, but he continues to have diminished value as a leadoff man, particularly on the road where he is nearly awful.
Washington loves speed at the top of his batting order. He doesn't love young hitters so much. Let him do what he enjoys while enduring what he doesn't.
If Profar hits in spring — as he almost surely will — try this lineup for opening day:
Jurickson Profar — Elvis Andrus — David Murphy — Adrian Beltre — Ian Kinsler — A.J. Pierzynski — Nelson Cruz — Lance Berkman — Mitch Moreland.
It's better than what Washington said he had in mind the other night. If Profar can't handle the leadoff spot, you can drop him to ninth and slide everyone up one position. Still works and it really just changes one at-bat.
What may not work is the plan to bat Berkman third. There were all kinds of shocked responses around the baseball community when the Rangers paid Berkman $10 million for one year last weekend.
If Berkman was viewed as a No. 3 hitter in a powerful AL lineup, no one would bat an eye at $10 million. They would say Texas got a bargain.
Instead, the Rangers took a chance (a low-risk one considering they gave up nothing and guaranteed a single season) on a guy who had fewer at-bats than Hamilton had home runs last year. If Berkman hits like he did for St. Louis two years ago, then it's a great deal and, sure, you can slide him up to any spot in the lineup you like.
If he hits like he did for the Yankees in 2010, he won't have a regular place on Washington's lineup card anywhere. Let's be realistic and start him down lower in the order and let him work his way up. In the meantime, David Murphy's 2012 stats (.304 batting, 15 HR, 29 2B) suggest he could do some damage closer to the top of the lineup.
Without making more deals, the Rangers have a lineup that can still scare the opposition. But you don't do it by repeating past mistakes like batting Kinsler first or not batting Profar anywhere. And you don't do it by hoping you pulled a fast one on the baseball world by dragging Lance Berkman out of the recovery room.
Follow Tim Cowlishaw on Twitter at @TimCowlishaw.


text:
November 27, 2009
How can one so adorkable be so smouldering?!
Such is the science of RPattz - speaking of the photos "we do not post of", big thanks to Thinking of Rob for these scans from Germany's ONE magazine featuring a couple *siiiigh* :)
- Lorabell
11 comments:
He definitely knows how to turn it/us on when in front of a camera. That first picture is almost too painfully beautiful to look at.ReplyDelete
17 Forever
- AnonymousNovember 27, 2009 at 1:28 PM
he is absolutley beautiful. i think the movie made me fall in love with him, even though there are no men in this world like that lol. i think all in all hes FOR SURE the hotter oneReplyDelete
OMG, I've seen the 1st 2, but the last one, OMG. How is it possible, he just gets hotter & hotter? He made my heart do flip flops, jeez, like no one else. He's the sexiest, the greatest, the sweetest etc.etc. I will never be the same.ReplyDelete
nom nom nom nom.....ReplyDelete
what are the pictures you **do not post of ?
I really can't see how one man, a human, can be so utterly beautiful!ReplyDelete
How is that possible?
Plus he has a personality of the perfect man: sweet, funny, kind, intelligent.
He's the P-E-R-F-E-C-T man (literally).
Lucky Lucky Lucky Kristen... he's a keeper girl.
Oh my gawd, that first one, love it ^.^ReplyDelete
This comment has been removed by the author.ReplyDelete
holy photoshop! in the first one!!!ReplyDelete
Anyone know when he starts filming his next movie? Wonder what he's going to be doing untill then, hopefully resting but I'm sure gonna miss seeing pix of his beautiful face :( Can't wait till Eclipse come out cuz I've already seen New Moon like four times in one week! Love it!ReplyDelete
Nd I thought I couldnt love Rob any more, but this just took it to a whole nother level.ReplyDelete
P.S. Saw New Moon 4 times nd LOVED IT!!
Its GREAT its basically like reading the books w/ pics bcos everything dat was important in the book was in the movie. And although it kinda got bad reviews I loved it!
And to all the critcs out there. BACK THE FU** OFF THE MOVIE WAS MADE FOR THE FANS NOT SOME STUPID A**HOLE DAT HAS NOTHING TO DO FOR A FRIDAY NIGHT!!!
Thank you


text:
Canadians technically now need an international driving permit to get behind the wheel in Florida, but police assure they won't be going after snowbirds from north of the border.
Legislators in the Sunshine State passed a law that requires non-U.S. motorists to have an international permit in addition to their regular driver's licence as of Jan. 1, said Ian Jack, spokesman for the Canadian Automobile Association (CAA).
The Florida Department of Highway Safety said it will ask lawmakers to clarify the rules to allow drivers with English-language licences to operate a vehicle in the state without the permit.
"The intent of the change in Florida law regarding the International Driving Permit was to aid law enforcement in Florida when interacting with drivers holding a licence in a foreign language," Kirsten Olsen-Doolan, spokeswoman with the Florida Department of Highway Safety and Motor Vehicles, said in a statement.
Unfortunately it will likely take until the summer to close the loophole, as the next legislative session isn't until March. So, until then, the permit will technically, by law, be required for the Canadian spring breakers and snowbirds who head south over the winter months.


text:
JACKSONVILLE, Fla. - Since the Allied Veterans Internet cafe crackdown, there has been a push in the Florida state legislature to ban all Internet cafes in Florida.
The news does not sit well with cafe supporter Bill Durham.
"I've hung out here quite a bit. Helped out some. Just a consumer. Watch the news... Don't feel the game rooms are getting a fair shake on the deal," said Durham.
Durham contacted Channel 4 to tell us about the online petition on saveourinternetcafes.com.
"If you believe everyone should have a choice, then we need you to get on the computer and sign the petition," said Durham.
Along with a number of other game room enthusiasts, Durham doesn't feel the establishments they frequent should be punished because of Allied Veterans.
"Allied Vets is a separate agency. Whether they're innocent or not…always innocent until proven guilty. Whether they're guilty or not… a lot of good people lost their jobs when that happened. Several good friends of mine lost their job," he said.
Despite the groundswell of support for Internet cafes through thie petition, a lot of lawmakers want them shut down.
"As I've said all along they're crawling through what we think are loopholes in the law, and a lot of us have believed they have been illegal right from the get go and we see the law enforcement start to act, so I'm just glad this day is coming," said former state Rep. Scott Plakon.
Copyright 2013 by News4Jax.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


text: "A rich and complex work of scholarship that challenges architectural historians, as well as historians in general, to rethink the many ways we have appropriated the Renaissance as a historical category.... The art of translation is difficult under the best of circumstances when the original text is ordinary and prosaic. In the case of Tafuri, where the ideas are complex and subtle, the challenge of rendering the original Italian into English takes on a complexity that only a gifted scholar such as Sherer could achieve with sensitivity and integrity."Historian


text:
Read the full story here Web Link posted Friday, November 16, 2012, 12:00 AM
Town Square
Guest Opinion: CON: In today's market, 62 feet is needed downtown
Original post made on Nov 16, 2012
Read the full story here Web Link posted Friday, November 16, 2012, 12:00 AM
a resident of Community Center
on Nov 16, 2012 at 9:05 pm
Let's get some facts straight. First, the 50 foot height limit isn't just a "downtown 50-foot height limit" as stated by Chop Keenan. It applies to the entire City of Palo Alto. Misstatements of fact have no place in a civil public dialog.
Second, by referring to two of the biggest development projects in Palo Alto (smaller only than Stanford Hospital expansion)as "unique situations and are entirely distinct from the downtown 50-foot height limit" he's conditioning the public to the idea that zoning code is somehow optional and should not apply when applicants don't want to comply. Furthermore, his description of two HUGE projects as "The AOL and MacArthur Park proposals" is trivializing the massive increases in height and density that are being requested for two large tracts.
The 50 foot height limit may need consideration, but it should occur as a matter of long-term planning and poly making, NOT in conjunction with a project review.
a resident of Community Center
on Nov 16, 2012 at 9:07 pm
That would be "policy making" in the last sentence.
a resident of Barron Park
on Nov 16, 2012 at 9:35 pm
News flash for Chop Keenan: it's a 50 foot height limit, not a four story limit. Can't fit a modern four story building into fifty feet? Well, I guess you'll just have to settle for three stories then. I'm not sure why the fact that a developer can't build a modern four story building in under fifty feet is our problem. Guess you'll just have to live with three stories and a smaller profit, dude! Sorry about that.
a resident of South of Midtown
on Nov 16, 2012 at 9:54 pm
The author suggests that the areas where his clients want to exceed the existing height limit will be better places with "buildings that can be taller than three stories," but fails to say plainly why this is so. To understand, look at the world through his eyes. What he sees are dollar signs. Four floors hold one-third more dollar signs than three floors do, and, to Mr. Keenan, that looks nice.
This puff piece, with its shamanistic references to Class A LEED secret sauce nurturing sunshine-y serendipitous entrepreneurial spirit, makes no compelling argument that raising the 50-foot limit is in the public interest.
I say, make these guys PROVE that taller is better for Palo Alto. Challenge them to PROVE that more offices in these places will improve the environment, reduce crime, reduce class size in the schools, improve performance of the city budget, decrease traffic congestion, make the city more bikeable, or walkable, or affordable, or peaceful. If they can prove it, well then maybe. But they can't.
a resident of Barron Park
on Nov 16, 2012 at 10:56 pm
I have to agree with the above. I'm generally not knee-jerk anti-development. But it is hard to figure how taller buildings are somehow better for our town's well-being, while they obviously make more money for the developer. I agree with Mr. Keenan's points about higher ceilings, etc. - and the points work just as well for 3 story buildings.
If the developers cry "we can't make money" with smaller buildings - well, then it seems likely that the value of the land will drop until someone can make a fair profit.
There may be arguments for bigger buildings, but this wasn't it.
a resident of Community Center
on Nov 17, 2012 at 8:53 am
Of all people, I would think Chop Keenen could give a better argument for tall buildings. One of the reasons he can't is that his arguments are bogus.
Palo Alto is a residential city, not a big-business mecca, nor was it ever intended to be one. So stop trying to make it one. People like Chop Keenan, John Mcnellis, and John Arrillaga are ruining Palo Alto for its residents, the people for whom it was intended.
a resident of Barron Park
on Nov 17, 2012 at 9:40 am
Does Chop Keenan actually live here? If he does, how could he want to do something like that to the city he lives in? Arrillaga and Mc Nellis do not have to live in what they wreak, but there is a saying about not p------ in your own pond.
a resident of Evergreen Park
on Nov 20, 2012 at 2:54 pm
My ears perk up when I see a misrepresentation that favors the speaker. Calling the 27 University Arrillaga mega project the MacArthur Park, when that handsome historic building is intended to be REMOVED, is really something.
I recall one of the developers saying the 4-building office complex was really one building, because it had connections (bridges?) between them.
a resident of College Terrace
on Nov 23, 2012 at 4:03 pm
Mr. Keenan, you base your proposal for an increase in maximum building height to 62 feet in "downtown" on the benefits of higher ceilings for ground-floor retail and upstairs offices, and related benefits of more modern design.
Assuming you are referring specifically to the Downtown Commercial District, would all of the other current development standards (e.g., maximum floor area ratios, setbacks, daylight) for this district specified the municipal code remain in place?


text:
KEXP Reviews
|Browse by one of the following:
- (Green Owl)
The debut album from Copenhagen-based electronic producer Steven Jess Borth II (aka CHLLNGR) is an intoxicating set of icy, seductive bass music that seamlessly blends post-dubstep, eerie witch-house, fractured R&B, moody instrumental hip-hop, and haunted dub-rooted beats. While four tracks feature credited guest vocalists that add an enhanced pop sensibility, Haven is propelled throughout with ominous, ghostly, pitch-shifted vocal samples. 9/9/2011 - Alex


text:
"Everyone has the right to a standard of living adequate for the health and well-being of herself/himself and of her/his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond her/his control." – Universal Declaration of Human Rights
There are few things we find common among people in the East and people in the West, or people in the South and people in the North. There are rich and there are poor.
The rich in every country are having the same luxury lifestyle. They have everything including expensive houses.
Houses in five continents:America, Asia,Africa, Australia, Europe
It is nice to have nice beautiful houses. I wish I had one. I wish everyone had one. But I would like to know whether Mukesh Ambani from his 1.8 billion dollar tower home with 27 floors, nine elevators and three helipads can see Mumbai slums where almost half of the city's 20.5 million population live.
People are homeless both in developed and developing countries. More than 100 million people are homeless worldwide and over 1.2 billion lack adequate housing. 3 million people are homeless in European Union and 18 million live in inadequate housing. 100,000 people sleep on the streets of Australia everyday. 44% of homeless people in Australia are female, 12% of homeless people in Australia are children under the age of 12. Women and Children are the fastest growing group of those who are homeless in Canada.In Brazil, there is a deficit of 6.6 Million housing units, equaling 20 million homeless people, who live in favela (shanty town), shared clandestine rooms, hovels or under bridges and viaducts, or are squatters. 1 million people are homeless in France. 78 million people are homeless in India despite the country growing in global economic stature. India is home to 63% of all slum dwellers in South Asia. 25,296 people are homeless in Japan.In Mexico City an estimated 40% of people live in informal housing.More than 70,000 people live in shack settlements in Namibia. 30,000 people are homeless in the Netherlands. By 2015, there will be an estimated homeless population of 24.4 million people in Nigeria.Around 24,145 Palestinian homes have been demolished in the Occupied Territories since 1967. 40% of the population,32.8million, in Philippines, live in slums. 5 million people are homeless in Russia. Around 17,800 people are homeless in Sweden. Homeless figures in the United States range from 600,000 to 2.5 million.
There are different contributing causes for homelessness. 1. Family breakdown 2. Armed conflict 3. Poverty 4. Natural and man-made disasters 5. Famine 6. Physical and sexual abuse. 7. Exploitation by adults 8. Dislocation through migration 9.Urbanization and overcrowding 10. Acculturation 11. HIV/AIDS 12. Drug and Alcohol related problems 13. Unemployment 14. Low wages 15. Mental disorder 16. Physical Disabilities 18. Domestic violence 19. Lack of affordable housing 20. Social exclusion etc.
Homeless people in five continents. America, Asia, Africa, Australia, Europe
The world has enough money to solve the problems of homelessness but to my surprise I see that the number of homeless people worldwide is increasing.
I often think of a totally different kind of homelessness. They are not literally homeless but they feel homeless. Many women who live in a nice big house know very well that the house belongs to someone else. They are scared to be 'homeless', so they compromise with their abusive husbands to get a space in the house, but unfortunately that doesn't stop them from having a feeling of homelessness. It is a very hopeless and helpless feeling.
I am homeless too. I do not sleep on the street but I feel homeless. I was thrown out of my home 18 years ago. My husband did not do it because I did not have a husband. It was the government. The government literally drag me out of my home and locked the door forever. The religious fanatics demanded for my execution by hanging, instead of supporting me and my freedom of expression, the government supported the religious fanatics for their own narrow political interests. I have been forced to live in the places I do not like to live. Not only me, hundreds of thousands of people are forced to live in exile. Many of them feel homeless for the rest of their lives.


text:
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Mass Effect 3 Wiki »
About This Game
- Summary
- Specifications
- Features
- Game Editions
In Mass Effect 3, an ancient alien race known only as Reapers, has launched an all-out invasion of the galaxy, leaving nothing but a trail of destruction in their wake. Earth has been taken, the galaxy is on the verge of total annihilation, and you are the only one who can stop them. The price of failure is extinction. You, as Commander Shepard, must lead the counter assault to take it back. Only you can determine how events will play out, which planets you will save from annihilation and which alliances you will form or abandon as you rally the forces of the galaxy to eliminate the Reaper threat once and for all.
Battle with your comrades or even your own friends in this all-out galactic war to take Earth back. With co-op online multiplayer missions new to the Mass Effect universe , you can choose from a variety of classes and races, form an elite Special Forces squad, and combine weapons, powers and abilities to devastating effect as you all fight together to liberate key territories from enemy control in this third entry of the epic intergalactic RPG franchise.
- Supported Functions
- Number Of Players: 1-4
- Online
- Online - Co-Op Number Of Players: 4
- Kinect
- 1080p
- 1080i
- 16:9
- 480p
- 720p
- Dolby Digital
- Downloadable Content
- Mic/Headset Voice
- Online Leaderboards
- A rich, branching storyline: Experience a sci-fi epic with multiple endings determined by your choices and actions throughout the game.
- Massive in scope: Battle on many worlds across the galaxy as you unite the ultimate force to take back the Earth before it's too late.
- Large-scale and intelligent enemies: Battle enormous enemies and take on a smarter type of foe that will consistently challenge your best combat tactics and put you on the edge of your seat.
- Unlock a customizable arsenal: Tailor each weapon with devastating upgrades including scopes, grips, barrels and dozens of other unique attachments. Each weapon boasts its own powerful impact and visual flair.
- Unleash death from afar or go toe-to-toe: Customize your soldier and squad to engage the enemy on your terms. A huge variety of weapons, abilities and equipment allow you to combat the enemy in your preferred style of play.
- Fight the galactic war along with your friends in four-player co-op multi-player missions. Your success will have a direct impact on the outcome of the single-player campaign.
Mass Effect 3 N7 Collector's EditionPublisher: Electronic ArtsRelease Date: March 6, 2012MSRP: 79.99 USD
Mass Effect 3Publisher: Electronic ArtsRelease Date: March 6, 2012
Mass Effect 3 N7 Collector's EditionRelease Date: March 9, 2012
Mass Effect 3Release Date: March 9, 2012
Mass Effect 3 N7 Collector's EditionRelease Date: March 6, 2012
Mass Effect 3Release Date: March 6, 2012
Mass Effect 3 N7 Collector's EditionRelease Date: Q1 2012
Mass Effect 3Release Date: Q1 2012


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HOUSTON - If you've been outside in Houston you know just how bad the mosquito problem is. It's not only a problem for humans, it's also a big problem for pets.
Studies show Texas ranks in the top 10 for heartworm infections in dogs and cats, and veterinarians said mosquitoes are to blame.
Dr. Lori Teller at Meyerland Animal Clinic said it's an all too common problem.
"It's exploding. We're seeing heartworms every single week. We're diagnosing them right now," she said.
Veterinarians said that when a mosquito bites a dog or cat, the larvae migrates to the heart. That's where parasitic worms can grow up to 12 inches long.
Teller said, "You can have this big mass of heartworms that's physically obstructing the flow of blood. It can also make it difficult for the valves to open and close. Just like any other disease, it can make your heart really big, causing a cardiomyopathy."
The animal then dies of cardiac arrest.
Prevention is key. Dogs and cats can get a topical treatment or a pill. There's also a twice a year injection for dogs only.
Symptoms of heartworms include coughing, lethargy and difficulty breathing.
Teller said that a pet bitten and infected today wouldn't show symptoms for several months.
Copyright 2012 by Click2Houston.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Our Angel Tree Topper will be the highlight of your tree or mantle. The bodies are made of a silky material with a panel featuring a gold filigree pattern and trimmed in lace & gold ric-rac. The heads are fully sculpted stone resin for ultimate realism! A gold colored metal halo is the finishing touch for this heavenly tree topper!
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Iconic Asheville, N.C. restaurant, Tupelo Honey Café, launches holiday recipe contest
Tupelo Honey Cafe, one of Asheville, N.C.'s signature restaurants, is launching an on-line holiday recipe contest for home cooks who want to showcase their own creative, flavorful dishes. A prize will be awarded in each of the three categories:
Holiday side dish
Holiday dessert
Holiday leftovers
The contest runs from October 1 through November 16 with all entries judged by Tupelo Honey's Executive Chef Brian Sonoskus and his team of taste-testers. The three winners will be announced December 3. Each winner will receive a $200 gift card redeemable at any Tupelo Honey restaurant or in the Tupelo Honey Cafe on-line store at www.tupelohoneycafe.com
In addition to the grand prizewinners, a drawing will be held each week for a free copy of "Tupelo Honey Cafe Cookbook: Spirited Recipes from Asheville's New South Kitchen."
All entrants are encouraged to submit recipes that reflect the creativity, layers of flavors, and fun synonymous with the restaurant's fare. For contest rules, visit www.tupelohoneycafe.com/contestrules.
Tupelo Honey Cafe offers scratch-made Southern cuisine with unique creative touches and panoply of flavors. With two locations in Asheville, N.C., a third location at 1 Market Square in Knoxville, Tenn. is scheduled to open October 12, 2012, and a fourth restaurant in Johnson City, Tenn., is to open fall 2013.


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Video: Simulator gives Colo. cops practice at split-second decisions
Police officers in Aurora are using a new training simulator
By Brandon Johansson
Aurora Sentinel
AURORA, Colo. — The first time the disheveled man in the cut-off shirt reached behind his back, he pulled out his wallet and showed it to the officers.
But the second time, he pulled a pistol from his waist band.
The officers quickly fired several shots into the man, leaving him slumped over in a suburban front lawn.


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I have been using the helmet locking devise that mounts under the license plate frame and holds two helmets. This lock utilized the "D" rings to lock the helmets. I really enjoy being able to lock the helmet(s) to the bike, as I hate carrying it around. This system has worked well for me!
I just recently purchased a Nolan N90 without realizing that there would be no "D" rings (the N90 uses the Nolan microlock strap) with which to lock the helmet to the bike. Any one out there find away to resolve this issue? If so, I'd sure appreciate knowing how you have accomplished it.


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One of our Favorite DIY/Fashion NYC Bloggers stopped by M&J Trimming to share her latest fashion obsessions, and gave viewers a tour of one of her favorite stores. Yep you guessed it, M&J Trimming is one of her favorites and we are super ecstatic about it!!
Check out the video of Jenni from I Spy DIY [youtube=http://www.youtube.com/watch?v=658j7RDnkQg]
Click here to see more videos from other bloggers and Jenni of I Spy DIY on the Digital Divas: Conversations on Style webisodes.


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Tesla Puts Techs in the Air
AutoWeek editor Rory Carroll's Tesla Model S press car got stuck with what appeared to be a faulty charger. Mr. Carroll started tweeting about his misfortune. Tesla flew a technician to Michigan to bail him out. Bad news for Tesla — or maybe it's good news given all the Twitter Chatter today about the company's customer service. How many repair techs with grab-and-go toolkits will Tesla need when it has more than 20,000 cars on the road — as the company indicates it could by the end of 2013? See Mr. Carroll's Twitter stream in the full post.


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Thomas Schmitt-Glaeser has been appointed general manager of Shangri-La's China World Summit Wing, Beijing. In his new capacity, he will oversee all daily operations of the highest luxury hotel in Beijing.
A German national, Mr. Schmitt-Glaeser brings strategic thinking and knowledge of Shangri-La hospitality from his diverse and rich career path in Asia. He previously worked as hotel manager of Shangri‑La Hotel, Singapore – the first hotel of the Shangri-La group – for more than two years. He held specific responsibility for all operational divisions. He also worked in the same capacity in the iconic Island Shangri-La Hotel, Hong Kong.
Prior to that, Mr. Schmitt-Glaeser was the executive assistant manager in charge of food and beverage at Pudong Shangri-La, Shanghai, where he was responsible for overall food and beverage operations, promotions and administration. Before moving to China, he was director of food and beverage at Shangri-La Hotel, Bangkok. He has 12 years of solid hospitality management experience in Asia and has also worked in Germany, England and Switzerland.
"I am glad to be back in China in this exciting new role," said Mr. Schmitt- Glaeser on his well-deserved promotion. "As a general manager of such an exciting luxury hotel as China World Summit Wing, I see a lot of potential to develop it and make it the leader in the luxury market in China," he added.
With more than 20 years of hospitality industry experience, Mr. Schmitt-Glaeser's main passion remains to be high quality service and unique guest experiences that make one's stay unforgettable. In his new position, he will leverage his wealth of experience to bring the hotel's operations and service levels to even greater heights.
(86 10) 6505 2299 内線 6314
(86 10) 6505 8811
No.1 Jianguomenwai Avenue, Beijing, 100004, China
電話:(86 10) 6505 2299


text: Reportable fringe benefits – facts for employees This information is for employees who receive fringe benefits from their employer and have the taxable value of those benefits recorded on their payment summary. On this page: When do you have a reportable fringe benefits amount? How is your reportable fringe benefits amount calculated? What are the consequences of having fringe benefits reported on your payment summary? How can you reduce your reportable fringe benefits amount? When do you have a reportable fringe benefits amount? If the total taxable value of certain fringe benefits provided to you or your associate (for example, a relative) exceeds $2,000 in an FBT year (1 April to 31 March), the grossed-up taxable value of those benefits are recorded by your employer on your payment summary for the corresponding income year (1 July to 30 June). This value is known as your reportable fringe benefits amount. The total amount of reportable fringe benefits you receive from all your employers for a year is called your reportable fringe benefits total. Finishing employment between 1 April and 30 June If you finish your employment between 1 April and 30 June, your employer may have provided you with reportable fringe benefits. Any reportable benefits exceeding a total of $2,000 they provide you with from 1 April of that year must be shown on your payment summary for the income tax year ended 30 June in the following year. This is the case, even though you will not have received any salary or wages from that employer in that following income tax year. Your employer has until 14 July following the end of the income year covered by the payment summary to provide you with a payment summary. Example: finishing employment Joan finishes employment with her employer on 15 May 2016. From 1 April 2016 to 15 May 2016, Joan receives fringe benefits from that employer with a reportable value of $4,000. Joan's employer must report this amount on Joan's payment summary for the income year ended 30 June 2017. Joan's employer has until 14 July 2017 to issue the payment summary. End of example What benefits are reported on your payment summary? Some fringe benefits do not have to be reported on your payment summary. These benefits are called excluded benefits and can include: car parking fringe benefits remote area housing assistance, home ownership schemes, and repurchase schemes if you live in a remote area, costs of occasional travel to a major Australian population centre benefits you receive to ensure your security and personal safety because of your job emergency or other essential health care you receive as an Australian citizen or permanent resident while you are working outside Australia and you cannot claim a Medicare benefit certain benefits provided to you if you are a defence force member police officer car benefits coming from your private use of pooled or shared cars. Meal entertainment and entertainment facility leasing benefits provided to you from 1 April 2016 under a salary sacrifice arrangement will now be reported on your payment summary. Find out about: Reportable fringe benefits – Excluded fringe benefits Reportable fringe benefits – Benefits included in the reporting requirements Reportable fringe benefits – Employee's share Non-profit organisations and FBT How is your reportable fringe benefits amount calculated? Your employer calculates your reportable fringe benefits amount by multiplying the taxable value of the fringe benefits provided to you or your associate by the lower gross-up rate. The lower gross up rate for the FBT years ending 31 March 2016 and 2017 is 1.9608. For example, if the taxable value of your fringe benefits is $2,000.01, your reportable fringe benefit amount is $3,921. The reportable fringe benefit amount reflects the gross salary that you would have to earn to purchase the benefit from your after tax income. Example: working out amounts for payment summaries Between 1 April 2016 and 31 March 2017 (the 2017 FBT year), Tim's employer provided him with a work car. The taxable value of Tim's car fringe benefits is $2,500. Tim and his partner also stay in company coastal accommodation several times a year, with a taxable value of $800. The taxable value of Tim's fringe benefits total $3,300. The grossed-up taxable value of these benefits will appear on his payment summary for the income year ending 30 June 2017. The rate of FBT for the year ended 31 March 2017 is 49%, so the grossed-up amount reported on Tim's payment summary is $6,470. This is calculated as follows: Total taxable value 1 minus the FBT rate = $3,300 1 - 0.49 = $6,470 End of example See also: Reporting amounts on payment summaries – examples for employers What are the consequences of having fringe benefits reported on your payment summary? Even though a reportable fringe benefits amount is included on your payment summary and is shown on your tax return, you do not: include it in your total income or loss amount pay income tax or Medicare levy on it. Your reportable fringe benefits amount is used for: calculating your liability to the Medicare levy surcharge determining if you can claim a deduction for personal superannuation contributions you made determining your eligibility for the government co-contribution for personal superannuation co-contributions you made determining your eligibility for family assistance payments (Family Tax Benefit Part A and Part B, Child Care Benefit for approved care, Parental Leave Pay, Dad and Partner Pay and Schoolkids Bonus) working out if you are entitled to reduce your employee share scheme discount working out the amount you must repay against your Higher Education Loan Program (HELP) or Student Financial Supplement Scheme (SFSS) debt determining your entitlement to a tax offset for contributions you made to your spouse's super invalid and invalid carer zone or overseas forces net medical expenses Medicare levy surcharge (lump sum payment in arrears) seniors and pensioners working out your child support obligations working out your entitlement to claim low income supplement or low income family supplement determining whether you can offset your business loss against other income. See also: Income tests EntitlementsExternal Link – to government benefits How can you reduce your reportable fringe benefits amount? You can reduce the amount of fringe benefits shown on your payment summary for future years by: arranging with your employer to replace your fringe benefits with cash salary making employee contributions out of your after-tax income towards the cost of the benefits. What are employee contributions? Employee contributions are a payment you make towards the cost of your employer providing a fringe benefit. Generally, you make a cash payment to your employer or the person who provided the benefit. For example, you can make an employee contribution towards a car fringe benefit by paying a third party for some of the operating costs (such as fuel) that your employer does not reimburse. Information to help employees understand the reportable fringe benefits amount included on their payment summary.Last modified: 29 Nov 2016QC 16122


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Watchdog praises sustainable Games
London 2012 was the most sustainable Games, a watchdog has claimed.
Management of the live sites, London 2012's slow development of a comprehensive energy plan and the organisers' failure to use the opening and closing ceremonies to provide messages about sustainability all came in for criticism.
But overall the Commission for a Sustainable London 2012 (CSL2012) gave the event a thumbs up.
Such was London 2012's success in delivering against its sustainability pledges the watchdogs are calling for future British-based festivals and sports competitions such as the 2014 Commonwealth Games, the 2015 Rugby World Cup and the 2017 World Athletics Championships to follow its lead.
In its review, called London 2012 - From Vision to Reality, CSL2012 noted that ambitious sustainability targets such as zero waste to landfill and 70% waste to be reused, recycled or composted at London 2012 are on track thanks to attention to packaging and effective use of the colour coded three-bin system.
Transport at the games, which included the availability of a fully comprehensive mobility service for the first time, was a success. Comprehensive public transport options and effective planning saw minimal disruption to Londoners, concluded CSL2012.
It also said there was a wide variety of healthy, sustainably sourced, affordable meals available at most London 2012 venues. The CSL2012 said it was "disappointed" that many of the live sites refused to allow spectators to bring their own food. This compromised "affordability and the principle of creating an event for all budgets", it said.
Games-time carbon savings are on track to be met but London 2012's slow development of a comprehensive energy plan meant that "opportunities were missed for even further carbon reductions".
The lack of information available about the venues, village buildings and infrastructure was described as a "missed opportunity" for communicating their sustainability credentials to visitors.
CSL2012 chairman Shaun McCarthy said: "I have no hesitation in confirming that London 2012 has delivered the most sustainable Games ever, and we congratulate the delivery bodies and all those who contributed to this excellent achievement. But we mustn't rest on our laurels - more could be achieved if London's lessons, both the good and the challenging, are heeded by others."


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ByPervaiz Shallwani
The head of the New York Police Department's intelligence division got his own view Friday of the investigation into who replaced two American flags with a pair of whitewashed ones on the Brooklyn Bridge.
Dressed in climbing gear, Deputy Commissioner John Miller was joined by detectives on the NYPD squad investigating the incident as they walked up one of the bridge's cables to the towers.
Mr. Miller said the incident, which occurred Tuesday morning, remains under investigation. He said the police have yet to identify any suspects.
"The investigation is progressing," he said.
He said the NYPD has received hundreds of leads and that detectives were combing through them. Investigators are particularly interested in talking with anyone who was on the bridge or has any video take between the hours of 3 a.m. and 4 a.m., Mr. Miller said.
The walk to the top of bridge towers was the latest step in understanding just how a person would get to the top of the bridge tower.
The detectives were joined by members of the city Department of Transportation, which places the flags on top of the towers. They gave investigators a step-by-step process of how the flags get to the top.
"Personally I think we all got a very good understanding of what it takes to walk up and down there and what type of experience you need to do this," Mr. Miller said.
Mr. Miller said it was the first time he has done the walk, and he wanted to go for investigative purposes and see the perspective of the suspects. He was escorted by other top officials, including Chief of Patrol James O'Neill.
"It was certainly an experience you don't have every day," Mr. Miller said. "It's interesting going down because you tend to go much faster than going up, not just because it's downhill, but there's motivation to reach the bottom."


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There surely must come a point when everyone realises that Eric Pickles is a master satirist. He's pulled off the routine for far longer than anyone else might have managed – Morris, Baron-Cohen, even Sellers, they could keep up a character for ages, but none ever managed anything close to the length that the 'Pickles' hoax has run for.
As we all know, one of his most popular routines of the last couple of years has been localism, where he delivers a speech out of two sides of his mouth at once. On one side, he talks about the joys of local decision making, how planning should be about neighbourhoods and not central targets and how central government should leave local government alone, while on the other side he's imposing decisions on local government, bringing in planning rules that weaken local power and telling councils exactly how they should spend their budgets. The sheer joy of the comedy comes in him saying these things at the same time while apparently being unaware that he's contradicting himself.
He's updated the routine today, with this fantastic claim that councils who've played by the rules he set down are 'dodging democracy'. When told that if they raised council tax by 2% or more they'd have to have a referendum – which Pickles would order but they'd have to pay for – councils who've needed to raise council tax levels have chosen to do so by just under 2%. That's their local decision made by local councillors, and so the champion of localism has had to wade in and tell them that they're wrong.
According to Pickles, council tax – for which all councils must send a detailed bill, including details of where it goes and how it's spent, then collect separately – is a 'stealth tax' and that councils, elected by the people, just like the Parliament that Pickles sits in, have to 'win over the public' before raising any taxes. Councils should 'stop treating residents with contempt', because that's clearly the role of Pickles and the DCLG, not councils.
You have to laugh, because otherwise you have to believe he actually means what he says, and that would be far too ridiculous.