text:
Senate Bill No. 78
(By Senators Unger and Jenkins)
[Introduced January 11, 2012; referred to the Committee on Banking and Insurance; and then to the Committee on Finance.]
A BILL to amend and reenact §23-2-1 and §23-2-1b of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2C-10 of said code; and to amend and reenact §33-2-21a of said code, all relating to workers' compensation programs of state government entities and their employees; defining participants and exceptions thereto; including the West Virginia Wing of the Civil Air Patrol in such coverage; designating the Insurance Commissioner to manage workers' compensation risks of state entities; creating a purchasing exemption for the program; authorizing commissioner to assess fees; creating a fund in State Treasury; authorizing investment of funds; permitting loan from Insurance Commissioner's administrative fund to the state entities' workers' compensation program fund and repayment to the administrative fund; allowing coverage under assigned risk plan; and authorizing Insurance Commissioner to propose legislative rules and to adopt emergency rules.
Be it enacted by the Legislature of West Virginia:
That §23-2-1 and §23-2-1b of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §23-2C-10 of said code be amended and reenacted; and that §33-2-21a of said code be amended and reenacted, all to read as follows:
§23-2-1. Employers subject to chapter; elections not to provide certain coverages; notices; filing of business registration certificates.
(a) The State of West Virginia and all governmental agencies or departments created by it, including county boards of education, political subdivisions of the state, the West Virginia Wing of the Civil Air Patrol, any volunteer fire department or company and other emergency service organizations as defined by article five, chapter fifteen of this code, and all persons, firms, associations and corporations regularly employing another person or persons for the purpose of carrying on any form of industry, service or business in this state, are employers within the meaning of this chapter and are required to subscribe to and pay premium taxes into the Workers' Compensation Fund for the protection of their employees and are subject to all requirements of this chapter and all rules prescribed by the Workers' Compensation Commission with reference to rate, classification and premium payment: Provided, That rates will be adjusted by the commission to reflect the demand on the compensation fund by the covered employer.
(b) The following employers are not required to subscribe to the fund, but may elect to do so:
(1) Employers of employees in domestic services;
(2) Employers of five or fewer full-time employees in agricultural service;
(3) Employers of employees while the employees are employed without the state except in cases of temporary employment without the state;
(4) Casual employers. An employer is a casual employer when the number of his or her employees does not exceed three and the period of employment is temporary, intermittent and sporadic in nature and does not exceed ten calendar days in any calendar quarter;
(5) Churches;
(6) Employers engaged in organized professional sports activities, including employers of trainers and jockeys engaged in thoroughbred horse racing; or
(7) Any volunteer rescue squad or volunteer police auxiliary unit organized under the auspices of a county commission, municipality or other government entity or political subdivision; volunteer organizations created or sponsored by government entities, political subdivisions; or area or regional emergency medical services boards of directors in furtherance of the purposes of the Emergency Medical Services Act of article four-c, chapter sixteen of this code: Provided, That if any of the employers described in this subdivision have paid employees, to the extent of those paid employees, the employer shall subscribe to and pay premium taxes into the Workers' Compensation Fund based upon the gross wages of the paid employees but with regard to the volunteers, the coverage remains optional.
(8) Any employer whose employees are eligible to receive benefits under the federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §901, et seq., but only for those employees eligible for those benefits.
(c) Notwithstanding any other provision of this chapter to the contrary, whenever there are churches in a circuit which employ one individual clergyman and the payments to the clergyman from the churches constitute his or her full salary, such circuit or group of churches may elect to be considered a single employer for the purpose of premium payment into the Workers' Compensation Fund.
(d) Employers who are not required to subscribe to the Workers' Compensation Fund may voluntarily choose to subscribe to and pay premiums into the fund for the protection of their employees and in that case are subject to all requirements of this chapter and all rules and regulations prescribed by the commission with reference to rates, classifications and premium payments and shall afford to them the protection of this chapter, including section six of this article, but the failure of the employers to choose to subscribe to and to pay premiums into the fund shall not impose any liability upon them other than any liability that would exist notwithstanding the provisions of this chapter.
(e) Any foreign corporation employer whose employment in this state is to be for a definite or limited period which could not be considered "regularly employing" within the meaning of this section may choose to pay into the Workers' Compensation Fund the premiums provided for in this section, and at the time of making application to the Workers' Compensation Commission, the employer shall furnish a statement under oath showing the probable length of time the employment will continue in this state, the character of the work, an estimate of the monthly payroll and any other information which may be required by the commission. At the time of making application the employer shall deposit with the commission to the credit of the Workers' Compensation Fund the amount required by section five of this article. That amount shall be returned to the employer if the employer's application is rejected by the commission. Upon notice to the employer of the acceptance of his or her application by the commission, he or she is an employer within the meaning of this chapter and subject to all of its provisions.
(f) Any foreign corporation employer choosing to comply with the provisions of this chapter and to receive the benefits under this chapter shall, at the time of making application to the commission in addition to other requirements of this chapter, furnish the commission with a certificate from the Secretary of State, where the certificate is necessary, showing that it has complied with all the requirements necessary to enable it legally to do business in this state and no application of a foreign corporation employer shall be accepted by the commission until the certificate is filed.
(g) The following employers may elect not to provide coverage to certain of their employees under the provisions of this chapter:
(1) Any political subdivision of the state including county commissions and municipalities, boards of education, or emergency services organizations organized under the auspices of a county commission may elect not to provide coverage to any elected official. The election not to provide coverage does not apply to individuals in appointed positions or to any other employees of the political subdivision;
(2) If an employer is a partnership, sole proprietorship, association or corporation, the employer may elect not to include as an "employee" within this chapter, any member of the partnership, the owner of the sole proprietorship or any corporate officer or member of the board of directors of the association or corporation. The officers of a corporation or an association shall consist of a president, a vice president, a secretary and a treasurer, each of whom is elected by the board of directors at the time and in the manner prescribed by the bylaws. Other officers and assistant officers that are considered necessary may be elected or appointed by the board of directors or chosen in any other manner prescribed by the bylaws and, if elected, appointed or chosen, the employer may elect not to include the officer or assistant officer as an "employee" within the meaning of this chapter: Provided, That except for those persons who are members of the board of directors or who are the corporation's or association's president, vice president, secretary and treasurer and who may be excluded by reason of their positions from the benefits of this chapter even though their duties, responsibilities, activities or actions may have a dual capacity of work which is ordinarily performed by an officer and also of work which is ordinarily performed by a worker, an administrator or an employee who is not an officer, no other officer or assistant officer who is elected or appointed shall be excluded by election from coverage or be denied the benefits of this chapter merely because he or she is an officer or assistant officer if, as a matter of fact:
(A) He or she is engaged in a dual capacity of having the duties and responsibilities for work ordinarily performed by an officer and also having duties and work ordinarily performed by a worker, administrator or employee who is not an officer;
(B) He or she is engaged ordinarily in performing the duties of a worker, an administrator or an employee who is not an officer and receives pay for performing the duties in the capacity of an employee; or
(C) He or she is engaged in an employment palpably separate and distinct from his or her official duties as an officer of the association or corporation;
(3) If an employer is a limited liability company, the employer may elect not to include as an "employee" within this chapter a total of no more than four persons, each of whom are acting in the capacity of manager, officer or member of the company.
(h) In the event of election under subsection (g) of this section, the employer shall serve upon the commission written notice naming the positions not to be covered and shall not include the "employee's" remuneration for premium purposes in all future payroll reports, and the partner, proprietor or corporate or executive officer is not considered an employee within the meaning of this chapter after the notice has been served. Notwithstanding the provisions of subsection (g), section five of this article, if an employer is delinquent or in default or has not subscribed to the Fund even though it is obligated to do so under the provisions of this article, any partner, proprietor or corporate or executive officer shall not be covered and shall not receive the benefits of this chapter.
(i) "Regularly employing" or "regular employment" means employment by an employer which is not a casual employer under this section.
(j) Upon the termination of the commission, the criteria governing which employer shall or may subscribe to the Workers' Compensation Commission shall also govern which employers shall or may purchase Workers' Compensation insurance under article two-c of this chapter.
§23-2-1b. Special provisions as to premiums.
(a) Except as provided for in subsection (b) of this section, every executive officer of an association or of a corporation, any member of a partnership or owner of a sole proprietorship which has not elected to forgo coverage under this chapter for such officer, member or owner shall pay premiums based upon the actual salary paid to such employee up to an amount sufficient to qualify such employee to receive the maximum level of benefits, but in no event shall the basis for premium be less than the salary necessary to provide such employee with the minimum level of benefits.
(b) Every executive officer of a not-for-profit association or of a not-for-profit corporation which has not elected to forgo coverage under this chapter for such officer, member or owner shall pay premiums based upon the actual salary paid to such employee up to an amount sufficient to qualify such employee to receive the maximum level of benefits, but in no event shall the basis for premium be less than $100.
(c) Every elected official or officer, whether full time or part time and including members of the Legislature, whose governmental entity elects coverage under this chapter for such elected official or officer, shall pay or have paid for him or her premiums based upon the actual salary paid to such elected official or officer up to an amount sufficient to qualify such elected official or officer to receive the maximum level of benefits, but in no event shall the basis for premium be less than the salary necessary to provide such elected official or officer with the minimum level of benefits. For the purposes of this subsection, an elected official or officer shall include a person appointed to an elected position to complete a term for that elected position.
(d) The premium and actual expenses in connection with governmental agencies and departments of the State of West Virginia shall be paid out of the State Treasury from appropriations made for such agencies and departments, in the same manner as other disbursements are made by such agencies and departments.
(e) County commissions, municipalities, other political subdivisions of the state, county boards of education, emergency service organizations organized as aforesaid and volunteer fire departments or companies or the West Virginia Wing of the Civil Air Patrol, shall provide for the funds to pay their prescribed premiums into the fund and such premiums and premiums of state agencies and departments, including county boards of education, shall be paid into the fund in the same manner as herein provided for other employers subject to this chapter.
(f) County commissions and municipalities are hereby authorized to pay all or any part of the premiums prescribed for such emergency service organizations organized as aforesaid and such duly incorporated volunteer fire departments or companies or the West Virginia Wing of the Civil Air Patrol, as may provide services within the county or municipality.
§23-2C-10. West Virginia adverse risk assignment.
(a) The Insurance Commissioner shall provide for the development and administration of an assigned risk plan to provide workers' compensation insurance coverage to employers who are unable to procure coverage in the voluntary market.
(b) To qualify for coverage under the plan, an employer must have been categorically declined coverage by at least two insurers that are not affiliated with each other. The employer has the burden of establishing that at least two unaffiliated insurers are unwilling to provide coverage at any premium level that is reasonably related to the risk presented by the employer. The assigned risk plan may also provide for other reasonable qualifications and for the termination of coverage under the plan for specified reasons.
(c) Any employer that satisfies the requirements of subsection (b) of this section and other qualifications established in the plan shall be provided coverage at a premium level to be determined or approved by the Insurance Commissioner, which premiums shall be actuarially sound, consistent with classification and rate-making methodologies found in the insurance industry, and calculated to enable the plan to be self-sustaining and, to the greatest extent possible, able to operate without subsidies from employers and insurers in the voluntary market. Rates may not be excessive, inadequate or unfairly discriminatory.
(d) The Insurance Commissioner may designate any third party, including any private carrier or rating organization with substantial experience in developing and administering similar programs in other states, to develop and administer the assigned risk plan for a period of three years, and thereafter, shall contract with any qualified party, including the then current administrator, to continue the administration of the assigned risk plan: Provided, That the Insurance Commissioner must approve the plan prior to the plan becoming operative. The plan established pursuant to this section shall require that all private carriers participate as a condition of their authority to transact business in this state.
(e) In the event the plan incurs a deficit in one or more policy years, the Insurance Commissioner may assess all private carriers providing workers' compensation insurance in voluntary market funds as are necessary to cover the deficits. The assessments shall result in an equitable distribution of costs among private carriers based upon premiums received by the private carriers in the private market. Assessments made upon the policies of each private carrier pursuant to this section may be collected by each carrier in the form of a surcharge.
(f) Notwithstanding any other provision of this code, the West Virginia Wing of the Civil Air Patrol qualifies for coverage under the assigned risk plan.
§33-2-21a. State Agency Workers' Compensation Programs.
(a) The intent of this section is to provide a means of managing workers' compensation coverage for persons directly employed by the State of West Virginia. For the purposes of this section:
(1) "Discretionary participant" means the Parkways Authority, offices of the State Auditor, the State Treasurer, the Secretary of State, the Attorney General, the Department of Agriculture, the state Senate and House of Delegates or their related entities, the Supreme Court of Appeals, the State Police and any other spending unit of the state that is required by section twelve, article two, chapter eleven-b of this code to provide a detailed expenditure schedule to the Secretary of Revenue in his or her capacity as Director of the Budget or the West Virginia Wing of the Civil Air Patrol: Provided, That the term "discretionary participant" does not include any executive state entity other than the State Police and the Parkways Authority, any county board of education, any other county entity or its instrumentality or any municipality or its instrumentality.
(2) "Executive state entity" means the Governor's Office and its affiliated entities, Bureau of Senior Services, or any state department, division, fund, office, position, system, survey or other entity of state government, however designated, transferred to and incorporated in one of the executive departments created in section two, article one, chapter five-f of this code, except the State Police, and that is required by section twelve, article two, chapter eleven-b of this code to provide a detailed expenditure schedule to the Secretary of Revenue in his or her capacity as Director of the Budget.
(b) Notwithstanding any provision of this code to the contrary, the commissioner has sole responsibility for managing the workers' compensation risks of all executive state entities and for supervising and controlling the workers' compensation programs for such entities: Provided, That any discretionary participant may participate in the program upon application to the commissioner under the same terms and conditions as are applicable to executive state entities: Provided, however, That the commissioner may remove any such entity from the program for noncompliance with any conditions of participation: Provided further, That a discretionary participant is, in accordance with rules governing the program, permitted to withdraw from continued participation in the program.
(c) The commissioner may assess such fees or surcharges on participants in the program as he or she determines necessary to manage the workers' compensation risks of those participants. All premiums, fees and surcharges shall be established in accordance with generally acceptable standards applicable to Workers Compensation coverage as to each participant and as to all participants in the aggregate. The commissioner shall establish criteria for assessments of premiums, fees and surcharges designed to provide the most cost efficient coverage for all participants.
(d) The provisions of article three, chapter five-a of this code relating to the Purchasing Division of the Department of Administration do not apply to any contract entered into by the commissioner in furtherance of the requirements of this section: Provided, That those contracts shall be awarded on a competitive basis.
(e) (1) There is hereby established the "State Entities Workers' Compensation Program Fund." All premiums, surcharges, assessments, deposits or any other moneys or funds deposited or otherwise designated or accruing to the fund as well as all earnings payable to it, shall be deposited in the State Treasury to the credit of the fund. Expenditures from the fund shall be for the purposes set forth in this section, are authorized from collections, and shall not revert to the General Fund. The fund shall be a separate and distinct fund upon the books and records of the Auditor and Treasurer, and disbursements therefrom shall be made upon requisitions signed by the Insurance Commissioner.
(2) Any premiums, assessments or deposits or any other moneys or funds received for the purposes of this section shall be invested by the State Treasurer at the request of the commissioner.
(3) The Insurance Commissioner may borrow funds as is determined necessary from the Insurance Commission Fund, created in section thirteen-b, article three, chapter thirty-three of this code, for the initial operations of the workers' compensation program for state entities: Provided, That any borrowed funds shall be deposited to the credit of the state Entities Workers' Compensation Program Fund: Provided, however, That these borrowed funds shall be repaid, without interest, and redeposited to the credit of the Insurance Commission Fund as determined by the Insurance Commissioner.
(f) The commissioner may promulgate emergency rules and shall propose for legislative approval legislative rules, in accordance with the provisions of article three, chapter twenty-nine-a of this code, as are necessary to provide for implementation and enforcement of the provisions of this section.
(g) The commissioner shall submit reports on the status and progress of the program established in this section to the Joint Committee on Government and Finance monthly and upon request, together with any other specific information on the program requested by the committee.
(h) The commissioner shall consult with the state Board of Risk and Insurance Management to solicit any applicable experience and expertise in establishing and managing a program to provide insurance coverage to state agencies.
NOTE: The purpose of this bill is to create a program for managing workers' compensation coverage of state entities by the Insurance Commissioner, including the West Virginia Wing of the Civil Air Patrol.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.


text:
(Part 1 of 2)
Natural disasters and extreme weather such as drought, storms, wildfires, and floods are affecting people around the globe. In 2012 alone, tropical storm Debby dropped an unthinkable amount of rain on Florida in June. On the west coast, firestorms raged in New Mexico and the Waldo Canyon Fire in Colorado Springs prompted the President to declare the areas affected a natural disaster. Then the record-setting heat wave that many across the country experienced, including Wisconsin, was more than many could bear.
As human tragedies continue to darken our landscape, many unbelievers grapple with the issue of suffering and ask: if God truly exists, then why are there so many natural disasters such as hurricanes, tsunamis, mudslides, dam failures, volcano eruptions, tornados, and earthquakes? Why do bad things happen to good people and for that matter why bad things happen at all? Where is God while all of this is happening? These and other reasonable questions anticipate reasonable answers. They often cut deep into the heart of the Christian faith and challenge its very foundation. Disasters, crises and suffering often prompts the unbeliever or skeptic to argue: (1) there is no good purpose for suffering and pain; and (2) an all good God must have a good purpose for everything so there cannot be an all good God. Unfortunately, we cannot always give an answer that satisfies the souls of those who hurt and make sense of their pain. However, to those who use suffering as a reason to deny God's existence, love, or goodness, the Christian apologist must be able to give an answer.
As we consider the unbeliever's arguments, first we need to make a distinction. There is a difference between our knowing the purpose for suffering and God having a purpose for it. Even if we don't know God's purpose, He may still have a good reason for allowing suffering in our lives. Therefore, we cannot assume that there is no good purpose for something just because we don't know what it could be.
Secondly, we must not ignore the presence of sin in this world introduced to the human race in the Garden of Eden by the person who first sinned, Lucifer, renamed Satan. (Isaiah 14:12-15, cf. Ezekiel 28:11-15). Sin arises from the abuse of moral freedom and can be blamed for the corrosion of morals, spiritual deprivation, the decline of values and godly principles, and including, but not limited to, the presence of pain and suffering in this world.
Next Month: Conclusion
The writer does not assume responsibility or liability for any injury, loss or damage incurred in any way for readers' efforts to apply, rely or utilize information or recommendations made in these articles. Rather, the objective is strictly informative and educational. If you would like to contact Rev. Lester, write her c/o P.O. Box 121, Brookfield, WI. 53008.
The Issue of Suffering – Who's To Blame?
(Part 2 of 2)
Last month we raised the question so many unbelievers and skeptics ask either surreptitiously or openly: If God exists then why there are so many natural disasters such as hurricanes, tsunamis, earthquakes, floods, firestorms, etc. It was acknowledged that these are reasonable questions which anticipate a reasonable response. It was proffered that there is a difference between knowing the purpose for suffering and God having a purpose for it. Just because we do not understand God's purpose for it, we cannot assume there is no good purpose for something. Secondly, the existence of sin in this world cannot be ignored as the cause of suffering. This week we will further elaborate on the issue of suffering and the believer's response.
When bad things happen to good people, believers must be diligent in conveying to the unbeliever that suffering reveals God's Sovereign omnipotence. All things, including a natural disaster and suffering stand under the Sovereign control of God. Ronald D. Anton in God's Seven Ways to Ease Suffering elaborated that "God can use affliction and natural disasters as occasions to reveal Himself and remind both faithful and unfaithful men of His almighty, providential Sovereignty….Even natural disasters can be used to demonstrate human frailty before a fearsome God and prompt conversion by alerting sinners to an impending Day of Judgment, which is both personal and universal." In every crisis, there is a purpose for it. God is a God of purpose even when in our finite wisdom we do not understand the mind of God.
Not only are unbelievers perplexed about suffering, suffering continues to be a mystery even for God's people. Dr. Mack King Carter in his treatment on suffering in: Interpreting the Will of God notes that "our reaction to suffering can be a tremendous impediment to a clear understanding of God's will. When we suffer, depending upon the degree to which we suffer, we tend to feel abandoned by God. But we will forever be bereft of spiritual vision until we can see God in both the sunshine and the rain. God is the God of both." Whether your suffering is a natural disaster like an earthquake; a relationship disaster, like a divorce; a health disaster like cancer, or a financial catastrophe like bankruptcy, know that just as God can use a crisis in our lives to bring about His glory; He can also take a negative and turn it into a positive. Thus, the argument can be made that while it may seem like a high price to pay, some suffering brings about a greater good.
Then there is the ultimate example of suffering: the Cross. On the Cross, a great injustice was done to an innocent Man so that God might come to all. The evil Jesus endured as our substitute allows us the opportunity to receive the gift of salvation.
Dr. Mack King Carter further noted about believers, which can also be applied to nonbelievers,
"We often miss God because we look for God in that which is exalted but never in that which is despised. God's love is not diminished by problems, pain, disappointment, disease, or death. God is Lord—period."
Beloved, these are tough times, people are hurting and whether they realize it or not, they need Jesus. As a believer you are automatically enlisted as a member of God's Disaster Relief Squad. During times of suffering, the believer will be called upon more regularly to answer questions regarding suffering and the purpose for it. Use the occasion to allow God to use you to reach unbelievers for Christ by extending to them God's Disaster Relief Plan (Romans 10:9 and John 3:16).
The writer does not assume responsibility or liability for any injury, loss or damage incurred in any way for readers' efforts to apply, rely or utilize information or recommendations made in these articles. Rather, the objective is strictly informative and educational. If you would like to contact Rev. Lester, write her c/o P.O. Box 121, Brookfield, WI. 53008.

subset: commoncrawl


text:
Larus delawarensis
IUCN Conservation Status: Least Concern
Raymond Lee
Familiar acrobats of the air, Ring-billed Gulls nimbly pluck tossed tidbits from on high. Comfortable around humans, they frequent parking lots, garbage dumps, beaches, and fields, sometimes by the hundreds. These are the gulls you're most likely to see far away from coastal areas—in fact, most Ring-billed Gulls nest in the interior of the continent, near freshwater. A black band encircling the yellow bill helps distinguish adults from other gulls—but look closely, as some other species have black or red spots on the bill.
The Ring-billed is a medium-sized gull with a fairly short, slim bill. When the gull perches, its long, slender wings extend well past its square-tipped tail. In flight, the birds move lightly on easy flaps of their fairly slender wings.
Adults are clean gray above, with a white head, body and tail; their black wingtips are spotted with white. They have yellow legs and a yellow bill with a black band around it. Nonbreeding adults have brown-streaked heads. During their first two years, Ring-billed Gulls are a motley brown and gray with a pink bill and legs.
These sociable gulls often fly overhead by the hundreds or feed together at a golf course, beach, or field. Strong, nimble flyers and opportunistic feeders, Ring-billed Gulls circle and hover acrobatically looking for food; they also forage afloat and on foot.
Ring-billed Gulls often congregate around humans, at garbage dumps, parking lots, and freshly plowed fields. While the species is common on coastal beaches, particularly during winter, many Ring-billed Gulls lead inland lives, never setting eyes on the sea.
Herring Gulls are noticeably larger than Ring-billed Gulls and have a thicker bill. Adult Herring Gulls are a similar shade of gray above, but they have pink legs and lack a dark ring around the bill. Immature Herring Gulls are best separated from Ring-billed Gulls by their thicker bill and larger size. In the West, similarly sized California Gulls can occur with Ring-billed Gulls. With adults, look for the California Gull's two bill spots (one black, one red), instead of the Ring-billed Gull's ring. Adult California Gulls are also slightly darker gray on the wings and back. Immature California Gulls tend to be darker and browner than immature Ring-billed Gulls. Laughing Gulls are much darker gray on the back than Ring-billed Gulls. They have a completely black head in the summer, a dark-smudged head in winter, and a dark bill.
Look for these gulls in parking lots, at sporting events, and around sewage ponds and garbage dumps. You may see them foraging for insects and worms in newly plowed fields, or perching atop light poles near shopping malls and fast-food restaurants. They also frequent reservoirs, lakes, marshes, mudflats, and beaches.
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text:
As we all know the Knicks' Tyson Chandler and Carmelo Anthony benefited greatly from their time with the Olympic team in London this summer. Both of them are playing outstanding basketball this season.
Although our recent jump over the pond is obviously just a short one, it's basically a week where they only had to play one game, which was a nice easy one for our returning players Shump and Amare to get their feet wet in (and both did play well).
I think the trip will do wonders for team chemistry, the players took in a Chelsea football game midweek and I'm sure they've been having plenty of fun exploring London.
The Knicks last 5 games of January could be a big challenge. Brooklyn are on fire right now but you know the Knicks are going to come to play in this game. We just dropped a game to Boston and you know for sure that both of those games are going to be seriously physical and chippy. It's going to be a big test for us to keep tempers under control and let our basketball do the takling.
Following that we have to play a great Philly team away from home and then a good but cold Atlanta team (and could be colder judging by Lou Williams knee). We finish the month with Orlando at the garden, hopefully on a positive.
I'm calling a 5 game win streak right here. Get your votes in.


text:
Town Square
What is the construction on Charleston/Fabian Way/San Antonio Road?
Original post made by ?, Gunn High School, on Aug 5, 2008
Comments (18)
a resident of Charleston Gardens
on Aug 6, 2008 at 5:38 am
The Campus for Jewish Life, Bridge/Build, Trumark and Echelon developments. The School District is well aware all these developments are being built. There is space available at Barron Park and Nixon.
a resident of Another Palo Alto neighborhood
on Aug 6, 2008 at 5:57 am
Gunn is full the overflow will be going to Paly.
a resident of College Terrace
on Aug 6, 2008 at 1:39 pm
"There is space available at Barron Park and Nixon."
Space at Nixon? Really? Then why would they send Escondido's overflowed kids across town? It's bad enough that a school with only 350 neighborhood kids doesn't have space for all of them, but to send them across town instead of next door to Nixon adds insult to injury.
a resident of Charleston Gardens
on Aug 6, 2008 at 4:02 pm
Really: The School District is obligated to educate all children that apply to be educated in PA. It is convenient for both the parents, the student and the School District to educate that child in the nearest assigned neighborhood school but it is not a given.
If there simply is not room in the assigned neighborhood school, the School District can send a newly registering child to a school where space is available. This is particularly important when, at the request of PA parents, class sizes are kept to a specific size.
I live in the Fairmeadow neighborhood but children living near me go to both Barron Park and El Carmelo.
a resident of Old Palo Alto
on Aug 6, 2008 at 5:43 pm
And to think in other state's where the schools rival ours (Oregon and Washington State), new mini buses pick the kids up and bring them home. A relative on a cul-de-sac near Redmond, WA told me the mini bus pulls into the cul de sac to get her children.
a resident of Palo Verde
on Aug 6, 2008 at 7:32 pm
The homes are for senior citizens; thankfully the JCC won't clog up our schools. Unfortunately, the new apartments on El Camino and Charleston certainly will though.
a resident of Another Palo Alto neighborhood
on Aug 6, 2008 at 8:22 pm
The homes may well be for senior citizens, but where are they coming from. If these are indeed PA seniors, then they will be leaving their PA homes to either sell or rent to new families ready to use PAUSD schools.
Only if, and if is the biggie, these are outside PA citizens moving into the homes, will it have little impact on PAUSD. And, what sort of reason would an outside PA senior have to move here. Unless it is the JCC itself, I see no reason why a senior would want to retire in PA unless they have lived here for the last 50 years and not want to leave the area. These seniors are most likely going to be adding to PAUSD enrollment, but not in the most direct way.
a resident of Duveneck School
on Aug 6, 2008 at 9:15 pm
Yes, and how many seniors will move in so that their grandkids can use their address for Palo Alto schools?
a resident of Charleston Gardens
on Aug 6, 2008 at 11:40 pm
Parent: The housing units at the Campus for Jewish Life are indeed for Seniors. However behind the CJL complex on Fabian Way are all the new housing units being built by Bridge/BUILD. These are for sale condominiums, BMR units and Seniors.
If you drive down to East Meadow Circle at the end of East Meadow, you will see two other infill housing complexes being built, The Tumark Development and the Echelon Development, these are all condominiums and BMR units.
Together with the developments on Loma Verde Av and West Bayshore, Alma Plaza, Ricky's Hyatt, The Elks Club and now a new one just approved opposite Goodwill on East Meadow, there will be between 800 and 1,000 new housing units in South Palo Alto.
The good news is that condominium complexes don't usually generate many children.
a resident of South of Midtown
on Aug 7, 2008 at 1:54 am
As you may have read on another thread, there are 103 private dwellings that are part of the Campus for Jewish Life in addition to the senior units. They very likely will have children.
a resident of Charleston Gardens
on Aug 7, 2008 at 6:49 am
Children at CJL: I just looked up the exact number of housing units in the Final Environmental Impact Report at both The Campus for Jewish Life and Bridge/BUILD. The Campus for Jewish Life sold 4 acres to a different developer Bridge/BUILD and they are not connected.
Bridge/BUILD (behind the CJL on Fabian Way) will have 103 condominiums and 56 Senior Housing Units.
The Campus for Jewish Life will have 193 senior housing units making an overall total of 352 housing units.
a resident of Stanford
on Aug 7, 2008 at 10:26 am
Oh for heaven's sake people. "Children" are not a plague and "BMR" is not a disease! I understand concerns about overcrowded schools, but the fact that Palo Alto is a vibrant community where people want to live and send their children to school is a GOOD thing. Any family who can afford to live in Palo Alto is not likely to be a drain on public resources. Even BMR qualified residents have to make a decent income to get a mortgage or afford to rent here - AND are already living or working in Palo Alto as a qualifying condition for the Palo Alto BMR program. One of the reasons I chose to move to Palo Alto 4 years ago from Fremont was because of the opportunity for my daughter to attend a wonderful school closer to my workplace at Stanford. From the beginning of my search for our first apartment here, I was so impressed with the welcome into your community that we received. Please don't lose that spirit! Remember that a healthy community needs a population that represents diversity & tolerance in many areas - culture, income, race, religion and age.
a resident of Another Palo Alto neighborhood
on Aug 7, 2008 at 11:21 am
You are right, 100%.
The flip side of this though as that these wonderful schools, as you know, are finite in size. We don't mind newcomers, in fact we welcome them as individuals into our schools. But the problem is how big is too big.
If these developments could include some land for a school, or a park, or a playing field, or a basketball gym, or someway of helping the crunch, it would be great. Unfortunately though, the powers that be do not see that. They just say yes to housing and forget that one of the things that make it nice to live in PA are the schools, the parks, the sports opportunities for the kids and also adults, and there is no increase in these facilities. It isn't just the schools that are impacted, but AYSO, CYSA, Little League, Girls softball, NJB and so on. As it is, we use gyms til 9.00 pm in basketball season just so that every team gets a midweek practice. Of course, there are some outside courts, but they are dependent on weather and none of them are floodlit, remember basketballseason is midwinter.
a resident of Another Palo Alto neighborhood
on Aug 7, 2008 at 2:07 pm
people who are desperate to get into PAUSD will buy condominiums.
a resident of Another Palo Alto neighborhood
on Aug 7, 2008 at 11:28 pm
We should have a special real estate transfer tax - as many other communities do - which specifically benefits schools.
The money should go directly to alleviating overcrowding, such as rehabilitating currently unused school sites to return them to service. Cubberly should be turned back into a high school - turned into some kind of magnet high school (avoids fights over redrawing paly and gunn boundaries but alleviates overcrowding at the high schools). A magnet school would also make a Foothill partnership at that location more advantageous to everyone.
a resident of Professorville
on Aug 7, 2008 at 11:52 pm
The development on Fabian Way is on the site of the former Ford Aerospace Corporation.
It was classified as a toxic Brownfield site.
They received several grants from the EPA to help with clean up.
Brownfield sites are chosen to help reduce urban sprawl by promoting infill, and help clean up toxic groundwater and/or soil.
The Taube-Koret Campus for Jewish Life at 901 San Antonio (the organization's new home) received a grant of $200,000 to clean up an 8-acre property tainted with volatile organic compounds.
The BRIDGE Housing Corporation in Palo Alto received another $200,000 grant to clean up the half-acre Fabian Way Senior Site at 901 San Antonio Way.
The minutes from the March 29th 2006 Planning & Transportation Meeting regarding this development may be read here.
Web Link.
Additional information regarding the volatile compounds on this site and the cleanup may be found by keying in the words "Fabian Way Toxic Groundwater" into Google.
a resident of Fairmeadow
on Aug 8, 2008 at 12:20 pm
A Parent:
The PAUSD is not going to take their 27 acres of Cubberley back in the foreseeable future while the City continues to pay them $4 Million (rising to $6 Million) a year for use of the site.
The School District does have plans to build two story classroom pods at Gunn to increase capacity. Meanwhile, Paly has space available so overflow Gunn students will be sent to Paly. Over time they will simply increase the number of students at both Gunn and Paly, and use portable classrooms temporarily to accommodate the increased numbers.
Many High Schools in the Nation now have more than 3,000 students. There is a High School in Oakland with 3,500 students. Both Gunn and Paly have room to grow.
a resident of Duveneck/St. Francis
on Aug 13, 2008 at 11:53 pm
General appearance is that of a "monster development."
Burger chain Shake Shack to open in Palo Alto
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text:
Breathing Easy Key to Equine Performance and Health
Photo: Erica Larson, News Editor
The equine respiratory system can be a major cause of poor performance or premature retirement from competition. Let's look at some of the key factors:
The Nose: Horses are "obligate nasal breathers" which means that during intensive exercise the nose is the only way air reaches the lungs. A significant portion of the horse's nasal passage is unsupported by bone or cartilage. This portion of the nasal passage collapses in all horses when breathing-in during exercise, reducing the size of the airway and greatly increasing resistance to airflow.
At rest, more than 50% of resistance to air flow comes from the nasal passages. This percentage increases to 80% during exercise. In addition, pathological upper airway obstructions (haryngeal hemiplegia, or roaring, for example) and functional obstructions (such as significant head flexion) create additional increases in the work of breathing. This makes it more difficult to move air to the lungs.
The Lungs: Resistance to airflow and high pulmonary blood pressure are known to cause lung bleeding. The lung tissue that separates the airways from the blood vessels is extremely thin--about 1/100 the thickness of a human hair. This ultra-thin membrane makes for efficient oxygen and carbon dioxide transfer, however, it also makes the membrane very fragile and it can rupture when exposed to high blood pressures and the enormous suction-like airway pressures generated during intensive exercise. This is referred to as exercise induced pulmonary hemorrhage (EIPH).
Numerous studies show that essentially all exercising horses experience some degree of EIPH during intensive exercise. However, less than 5% of these horses show blood at the nostrils. Symptoms of EIPH can include poor performance, coughing, extended cooling-out, and frequent swallowing. Moreover, each incidence of EIPH contributes to scar tissue formation and further bleeding. The lung damage from repeated episodes of EIPH can shorten a horse's competitive career.
Breathing in Stride: Horses are unique in that at the gallop, breathing and stride are linked. Horses take a single breath with each stride. At speeds beyond a hand gallop, a horse increases its speed by increasing stride length, not by moving their legs faster. When the horse lengthens its stride to increase speed, it also takes deeper, longer breaths providing the lungs with more air. A horse struggling to move air in and out of the lungs may shorten its stride and fatigue quicker. Conversely, when a horse breathes easier, stride adjustability or lengthening is easier.
The Treatments: There are a variety of treatments commonly used to combat EIPH and other breathing issues. Furosemide administration, bronchodilators, and corticosteroids are all used to treat specific respiratory conditions.
Recently, equine nasal strips have become a popular option for controlling respiratory resistance. Marketed by the FLAIR company, the drug-free Strips adhere to horses' noses, providing a spring-like force that gently supports the nasal passages and reduces soft tissue collapse during exercise. The strips reportedly reduce airway resistance, EIPH, fatigue and help horses recover quicker after exercise
Breathing easier helps maintain optimum performance. The benefits of breathing easier are important for horses competing at all levels of fitness and skill, as exercise is often a greater challenge for the less-fit animal.
Related Content
Diagnostics (AAEP Convention 2012)
Researchers Evaluate Horses as Model of Human Depression
Researchers Seeking Horse Owner Help in Laminitis Study
Does Hyperbaric Oxygen Therapy Cause Lung Inflammation?
Electrolyte Use in Performance Horses
Study Evaluates Injectable Treatment for Tendon Injuries
Alternative Treatment for "Roaring" in Horses (AAEP 2011)
Treating Equine Upper Respiratory Tract Ailments (AAEP 2011)
Equine Head Flexion and Airway Inflammation (AAEP 2011)
Local Anesthesia's Effect on MRIs of Horse Feet (AAEP 2011)


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text:
a difference a few days makes. Just last week, Palm CEO Jon Rubinstein was talking
rather positively about Palm and its future despite that fact
that buzzards are circling overhead.
do have $590 million in the bank, and we have a plan that carries
this company forward," said Rubinstein in an interview with
last week. "We went through that same thing at Apple, by the
way. I mean, it was a similar situation many, many years ago where
you just didn't have the economies of scale. And once we crossed
over that Apple became a cash machine."
however, Bloomberg
is reporting
that Palm is looking for a buyer. There were rumors
last week that Lenovo was interested in buying Palm, and
is now confirming those reports. Goldman Sachs and Qatalyst Partners
are said to be lining up buyers for Palm. The top names on the list
according to people familiar with the matter include none other than
Lenovo and smartphone maker HTC. Dell reportedly passed on a bid
for the $871M company.
spokesmen for Palm, Lenovo, and HTC declined to comment on the
seems like a natural fit for HTC and Palm's patent portfolio could
give it some ammunition in the fight
against Apple. It also wouldn't hurt to have webOS and its
developers in HTC's back pocket considering that Windows Mobile 6.x
is a dead end, and Windows
Phone 7 is still about six months from launch and doesn't have a
large, stable app base to draw from yet. Then again, webOS' 2,200
apps isn't exactly impressive either, but at least it's a start.
has been losing money for the past
few quarters and is sitting on a stockpile
of unsold Pre and Pixi smartphones. Launching the Pre last year
with Sprint was pretty much a sales disaster and the launch this year
with Verizon has
been equally disappointing as most people have overlooked the Pre
and Pixi to go with more high profile phones like the Motorola


text:
© 2012 MLB Advanced Media, L.P. All rights reserved.
Rockies ink Kensing, McClendon to Minors deals
By Thomas Harding / MLB.com
DENVER -- The Rockies have signed former Marlins and Nationals right-hander Logan Kensing and former Brewers righty Mike McClendon to Minor League contracts with invitations to Major League Spring Training, according to information received by MLB.com. Kensing, 30, is 8-9 with a 5.81 ERA in 134 games, including three starts, and has two saves in the Majors with the Marlins (2004-09) and Nationals (2009). He signed with the Rays before 2010 but missed the season because of shoulder issues. He spent 2011 in the Minors with the Yankees and last year in the Minors with the Pirates. McClendon, who turns 28 on April 3, is 5-0 with a 3.88 ERA in 35 regular-season outings for the Brewers from 2010-12, including 0-0 with a 6.43 ERA in nine games last season. He went 4-3 with a 4.19 ERA last year in 33 Triple-A outings.
Thomas Harding is a reporter for MLB.com. Read his blog, Hardball in the Rockies, and follow him on Twitter @harding_at_mlb. This story was not subject to the approval of Major League Baseball or its clubs.


text:
Good read courtesy of Jonathan Hartzell from NBA.com
Source - Click hereThere are very few ways to build a championship contender in the NBA and they're all centered around obtaining a superstar.
Option 1: Sign an already established superstar through free agency (the Miami Heat model)
Option 2: Use young talent and Draft picks to trade for a superstar (the Boston Celtics model)
Option 3: Draft well and stockpile young talent in hopes they develop into superstars (the San Antonio Spurs model)
The first option is usually only available to organizations in major markets that have the appeal to attract superstars. So for non-major market teams, the more feasible option is to acquire young talent and high Draft picks and hope one of those players turns into a star. But this route requires a lot of luck and usually a lot of losing for cities that usually can't afford such a steep decline. It's a tough but necessary route.
Organizations find themselves stagnated in obscurity when they fail to get lucky in the lottery or they spend their money unwisely. It's an unfortunate place to be and it's where seven teams find themselves going into this season. They're not bad enough to get better and not good enough to matter.
Let's breakdown how each of these teams got here and what their plans seem to be moving forward.
Toronto Raptors
Winning percentages, last five seasons (2008-13): .402, .488, .268, .348, .415
Biggest mistake, last five seasons: Signing Hedo Turkoglu to a 5-year/$53 million contract in 2009.
Past: The Raptors have experienced some of the NBA's longest stagnation this century as they have not advanced past the first round of the playoffs since 2000-01 and they've only been over .500 once in the past ten seasons. They botched their chance to obtain relevancy when they drafted Andrea Bargnani No. 1 overall in the 2007 NBA Draft. Bargnani never developed into the elite offensive center the team imagined and Toronto recently unloaded Bargnani on the New York Knicks for a package centered around sharp-shooter Steve Novak. Last season, the team dug their heels deeper into the middle of the road when they acquired Rudy Gay. This move made the team better, but nowhere near championship caliber and Toronto found itself again on the playoff fringe.
Future: The Raptors are now under the control of former Denver Nuggets GM Masai Ujiri and some of his moves this summer signal a new direction for the organization. This must be a welcome sign for Toronto fans who haven't had much to cheer for in a while. But it most likely won't be a quick turnaround with the amount of bad contracts the team still has on the books.


text:
Comedian Andrew Hendrickson stepped into the spotlight on the makeshift stage at The Bread Box, a Long Island City eatery just off hip, bustling Vernon Boulevard. The restaurant was packed with locals and comedy junkies looking for a laugh and a chance to see the next "great one" before hitting the big time.
As a performer in the Laughing Devil Comedy Festival, Hendrickson was one of more than 100 comedians, hailing from the United States and Canada, competing for a cash prize and paid gigs at various comedy clubs throughout the city. The festival boasts several special guests at each show and a number of celebrity headliners.
Hendrickson performed in the Laughing Devil Comedy Festival's sister event in Atlanta several years ago, failing to make it to the final round. He was determined to try again in New York – the city where stars are born and fame is just one great joke away.
Hendrickson was born in California, moving to various parts of the country during his childhood as a self-proclaimed "navy brat." Regardless of his changing hometowns, comedy was always a major part of his upbringing.
"I've always loved stand-up since I was a little kid," said Hendrickson. "I was living in Atlanta and I saw a news report about a guy who taught a stand-up class. When you 'graduate,' you perform for a live audience at the local club. So I signed up."
Hendrickson developed his own material, compiling a five-minute routine that he performed at open mic nights. He then took his act on the road, working as an emcee and a middle act for bigger names. One year, he put nearly 40,000 miles on his car, driving from show to show.
"I know every gas station and rest stop in the eastern half of the country," joked Hendrickson.
Now a 14-year comedy veteran, Hendrickson has developed his own style, employing conversational, dry and sarcastic undertones and methods into his routine. He believes there is no way to train to be a stand-up comedian, but a combination of relentless performing and writing can help a novice jokester find his voice.
Hendrickson claimed it took him 12 years to figure out how to be himself on stage.
"When people don't laugh at my jokes it's only because I'm being so subtle they miss it," said Hendrickson. "After performing and writing for so many years, your mind starts to 'think comedy' constantly. It's hard to turn off. You develop an awareness and look out for a funny perspective on just about everything. Most comics don't know what's funny until they bring it to the stage. Fortunately, for me everything I do is perfect and funny the first time I try it."
As for his comedic inspirations, Hendrickson says they are not just the legends appearing on Comedy Central and filling thousand-seat venues, but his family.
"Everyone in my family is really funny," said Hendrickson. "My mom is silly, my brothers are total smart [alecs] and my dad has a dark sense of humor. The family dog is the funniest of them all. He talks to me but no one else hears it. I get my best ideas from the dog."
During his performance at the Laughing Devil Comedy Festival, Hendrickson ripped on Starbucks patrons' ridiculous orders and his mother's ability to leave him an entire story on his voice mail.
"I felt great on stage Saturday," said Hendrickson. "The crowd was great. Who knew performing in a bread store would be so much fun. I felt really good about my set. I think I picked the right jokes for that round."
Hendrickson took second place in the final round at the Laughing Devil Comedy Festival.
Up next in his budding career, Hendrickson plans to push around a sitcom script and gain more exposure on television.
He also has big plans for his love life.
"I want to marry a rich Hollywood starlet and live off her fame," said Hendrickson. "I'm coming for you, Betty White."


text:
The Monitor_start method obtains the value of the Rt_basedir property to construct the full path name for the PROBE program. This method launches the probe using the infinite retries option of pmfadm (-n -1, -t -1), which means if the probe fails to start, PMF tries to start it an infinite number of times over an infinite period of time.
# Find where the probe program resides by obtaining the value of the # RT_BASEDIR property of the resource. RT_BASEDIR=`scha_resource_get -O RT_BASEDIR -R $RESOURCE_NAME -G \ $RESOURCEGROUP_NAME` # Start the probe for the data service under PMF. Use the infinite retries # option to start the probe. Pass the resource name, type, and group to the # probe program. pmfadm -c $RESOURCE_NAME.monitor -n -1 -t -1 \ $RT_BASEDIR/dns_probe -R $RESOURCE_NAME -G $RESOURCEGROUP_NAME \ -T $RESOURCETYPE_NAME


text:
Speaking to the Arkansas Sheriff's Association on Tuesday, Beebe said it will take more time to learn whether new sentences for lesser, nonviolent offenses will keep people convicted from reoffending.
Pulaski County Sheriff Doc Holladay says he expects it will become clear in the next two or three years whether diversionary sentencing is working. Holladay says the backlog of state prisoners in his jail is half what it was before the sentencing changes and says large backlogs are being prevented.
Beebe says the sentencing law is subject to change and that violent criminals should be locked up, as should people who won't stop committing lesser offenses.


text:
USD Assistant Professor of Law Dov Fox's Expertise Featured in National Geographic Article "Phenomena: Only Human"
San Diego (October 1, 2013) – Comments from University of San Diego (USD) School of Law Assistant Professor of Law Dov Fox were featured in yesterday's National Geographic article on DNA theft and direct-to-consumer genetic testing.
In the article, Fox discussed the absence of legal remedies for the use of your saliva or hair sample to reveal family relations or markers for susceptibility to traits like baldness or obesity. Just one state (Texas) has so far proposed criminal or civil penalties for cases like these and the federal Genetic Information Nondiscrimination Act doesn't cover them because it applies only to employers and insurance companies.
Fox argues that until the government develops more robust genetic privacy protections, DNA theft lawsuits about paternity, infidelity, or disinheritance might be brought under ill-fitting statutes against blackmail or the public disclosure of private facts.
Read the full article on NationalGeographic.com.
About Professor Fox
Dov Fox is a professor of law at the University of San Diego School of Law, where he teaches and writes in the areas of health law, criminal procedure, behavioral economics, intellectual property, and the regulation of biotechnology. His current research focuses on cognitive neuroscience and forensic evidence.
About the University of San Diego School of Law
Recognized for the excellence of its faculty, curriculum and clinical programs, the University of San Diego (USD) School of Law enrolls approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest law, and taxation.
USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school's faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949.
Patrick Riedling
(619) 260-4207


text:
Burst sprinkler head at SVMC necessitates brief power outage
BENNINGTON - More than 2,000 Green Mountain Power customers in Bennington were without power for a short time Saturday morning.
Dorothy Schnure, corporate spokesman for Green Mountain Power, said via email that Bennington Fire Department requested that, due to burst pipes at Southwestern Vermont Medical Center, power be cut on Elm and Weeks Streets along with a part of Union Street and Route 7 south of the village. She said the outage began at 11:07 a.m. and was closed at 11:39 a.m.
Kevin Robinson, communications director for SVMC, said at about 10:30 a.m. a sprinkler head in a ground-floor conference room burst, which set of an alarm and caused some water damage.
"We have no estimate what it's going to take to clean it up at this point," Robinson said Saturday afternoon.
No patient rooms or offices were affected by the water leakage, but Green Mountain Power was called in because water was dripping near some electrical "switch gear" in the basement.
For safety reasons, that power was shut off in that part of the hospital and the hospital switched to generator power while the basement was checked.
"The fire department wanted to be sure it was safe to go into that part of the basement," Robinson said. He said he was unaware that power had been cut off to any other GMP customers.
"We are certainly sorry for any inconvenience this may have caused," he said.
Per GMP, the outage affected 2,041 customers in the area of Bennington Village toward the Southwestern Vermont Medical Center and Pownal.
On the Banner's Facebook page, readers reported power being out on streets including South Street, Silver Street, Union Street and Monument Street for about 30 to 45 minutes.
As of 1 p.m., GMP was reporting just four Bennington customers remaining without power.
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:
The city of Petersburg is having a one day Fall Festival on 17 Oct.
They've asked me if I would host an antique bike exhibition during the festival, so I'm trying to get the word out and ask for people to bring their antique bikes (25 years old or older) to show and talk about. Since I've been a member of the MOA for a LONG TIME, and I know that lots of BMW owners have have some really nice gems in their garage, I thought I'd ask for some help here.
This is a FREE, one day event. It runs from 10 a.m. to 6:30 p.m. in historic Old Towne Petersburg. I'll open registration for the show about 8:30 a.m.
All owners with bikes vintage 1984 and older are asked to come and enter the exhibition. This IS NOT a judged event, but rather a way to show our older bikes, talk about them, and interact with the public. There will not be any categories. The bike does not have to be original. Just one prize will be awarded and that will be "PEOPLE'S CHOICE", by the votes of the festival attendees. I'll award that based on the voting at 6 p.m.
So please help pass the word, and bring your older bike and attend. I'll probably just park them by the decade they were produced, and may even have a special area for classic/antique dirtbikes/dual sports if necessary.
Feel free to contact me if you have any questions. So far the oldest bike we have confirmed is a 1955 Matchless G80CS, but I hope we can get some a lot older than that. I'll have my 1966 R50/2 there, and my 1958 R50 with Steib sidecar. I would love to see a great array of vintage BMWs there too.
So thanks, and please pass this on to your local clubs if you just want a destination ride for the day! We'd love you to come even if you don't have an old bike.
For more information on the festival, visit Petersburg Fall Family Festival


text:
Rays Shortstop Trio Could Become the Gems of the Diamond
For awhile this Spring I was beginning to wonder and a bit concerned that Tampa Bay Rays Manager Joe Maddon might have to pick his daily starter at short based on a Clubhouse game of musical chairs. Even worse, he might come up with a blind choice game of I-Pod musical roulette to decide his daily choice. I could imagine hearing "Glory Days" by the Boss playing loud in the Manager's Office as Maddon opens the door and scribbles Elliot Johnson's name on the line-up board. Thank goodness that is not going to happen….for now.
Even that kind of insane and luck-based playing system is a testament to the great underlying potential and great ability the Rays trio of SS candidates have in their singular arsenals heading into Opening Day. I do not remember another segment of Rays players who will make up the mercenaries of the middle who had as much ability and downright potential to shine bright and become the unforeseen gems of the Rays diamond this season. It been quite a while since the middle of the Rays infield has had this source of considerable true talent and strength pushing this position into forming an unbreakable backbone for this team.
Not since the departure of former Rays All-Star Jason Bartlett has the number 6 spot had as much experience, potential for greatness and have bona fide momentum changing abilities at their disposal. Literally the Rays middle infield could become a place where hit balls go to die. Just the thought of increased chances at put-outs, double play combinations and the speed and agility of this trio boggles the imagination. Possibly we could see the "pitcher's best friend", the 6-4-3 Double Play become an intricate part of the winning combination this season.
We "officially" know that Maddon might be playing a bit more Salsa tunes on his I-pod as Sean Rodriguez has received the first nod from Maddon has the Rays "main man in the middle" for Opening Day. It is a well-earned spot for S-Rod as he knew coming into the Spring the job was open and a good, consistent Spring could net him this desired spot. But do not discount the possibilities of Johnson and Reid Brignac forcing Maddon's hand at time with streaks of their own, or defensive gems that could get them additional starts and chances to shine brighter and brighter.
Maddon has said this will not be a platoon-based middle infield, but I think it is way too early to dictate that with clarity considering all 3 of these players could start somewhere among the 30 MLB teams. I truly consider the present Rays trio to possess the offensive tools and power that could finally turn the bottom half of the Rays daily line-up card into an additional run-producing power source as well as showcasing some brilliant defensive stalwarts.
Tell me another time in this franchise's history we have had 3 players who could bring the potential of the middle infield up to this previously unforeseen caliber. But depth like this can be a double-edged sword. Sure Elliot Johnson might see some additional starts in the outfield this season and be more of a plug-in utility player all around the field, but Briggy Baseball can also make Maddon change his mind a bit if he gets off to a splendid start at the plate, especially with some extra base nuggets.
That is not to say Brignac might not see some starts against crafty right-handers, or possibly weekly dose of getaway games and possible Sunday matinée', but if Rodriguez should stumble out of the gate, there are options in place for Maddon to be swift with the marker and make changes. But that is what happens when you got 3 baseball players who have untold potential and limited spots and starts for them. But then again, it is a nice problem to have.
To finally have infield depth that can be plugged in and play to an outstanding level without skipping a beat. Who knows maybe the future sounds of a plethora of 6-4-3 double play combos will be music to all of our ears. I know I already like the rhythm and cadence of it.


text: Dome might be key to MLS nod - The Vancouver Province April 30, 200812:00AM PDT Previous Next B.C. Place a short-term option Jim Jamieson Concerned about being shut out of the dwindling prospects for a Major League Soccer expansion franchise, the Vancouver Whitecaps have opened the door a crack to the possibility of playing at a revamped B.C. Place Stadium -- on an interim basis. Whitecaps president Bob Lenarduzzi said Tuesday the club is still 100 per cent committed to building a soccer-specific, natural grass stadium on the Vancouver waterfront, but would consider B.C. Place as a temporary venue if major renos are announced shortly as expected. "Our priority is still the waterfront stadium, but given that it's taking as long as it has, we need to have alternatives if the opportunity to move to a higher level is available," said Lenarduzzi. "It would be a short-term solution, as we're looking at the waterfront stadium being our permanent solution but of course we're mired in that process right now." The Whitecaps have been fighting their way through red tape and negotiations with local and federal government since owner Greg Kerfoot purchased land on the waterfront adjacent to Gastown in 2005. Talks are moving at a glacial pace with the Port of Vancouver, regarding a land swap agreement on the fourth proposed site for the 15,000-seat stadium. In the mean time, a major case of stadium envy has gripped Vancouver, as Toronto built 20,000-seat BMO Field on its waterfront -- and became the first Canadian MLS franchise last year -- and Montreal is about to open 13,500-seat Saputo Stadium. The Impact have formally launched their own bid for an MLS franchise, with the team owner Saputo family joining forces with Canadiens owner George Gillette. The problem the Whitecaps find themselves in is that MLS -- North American's top professional soccer league, which has said it will cap its number of teams at 18 -- is at 14 this year and will add Seattle in 2009 and Philadelphia in 2010. In addition to the Montreal bid, St. Louis is also pursuing a franchise. If both were accepted, the 18 spots would be filled. MLS has said that B.C. Place would be acceptable to the league in the interim, as long as assurances of a more soccer specific stadium were in place. Seattle will play at Qwest Field, similar in size and surface (FieldTurf) to B.C. Place, but only use the 24,500-seat lower bowl. "We just want to keep the club's options open," Lenarduzzi said. email@example.com © The Vancouver Province 2008 Previous Next


text:
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AFL coaches: who is under most pressure?
Gold Coast coach Guy McKenna appears to be the man most under pressure heading into a new AFL season with little movement likely among senior coaches.
McKenna is off contract this season in an important year in which the Suns are expected to build on the eight wins they had last season and emerge as finals contenders.
While Suns chief executive Travis Auld has intimated McKenna will be given a contract extension, the pressure is likely to be on him to secure early wins or the club may be tempted to look elsewhere to take the next step.
McKenna tops Fairfax Media's Coaching Pressure Index.
Former Collingwood coach Tony Shaw believes McKenna deserves an extension but admits early season form could be a factor.
''I think 'Bluey' deserves one but you know what happens when things go bad and they don't keep improving with the personnel they have. You know what they are like. If another high-profile name comes up, they might have a dip at him,'' Shaw said.
But the improvement the Suns made last season has the club confident it is heading in the right direction.
McKenna looms as the only possible casualty after the 2013 upheavals in which West Coast, St Kilda, Brisbane and Greater Western Sydney shed their senior coach. But there is pressure of a different kind on others.
Stung by last year's fadeouts, North Melbourne has already spoken of the importance of returning to the finals after an off-season revamp under Brad Scott, and Nathan Buckley has orchestrated cultural change at Collingwood.
''Bucks has gone down a track, made some decisions. The thing I worry about is, they have a lot of talented kids but they are all pretty well mid-sized,'' Shaw, also a 3AW commentator, said.
''They still have some issues in defence. It depends on the guys that come back from injury.''
Into his second season at Carlton, and with a handful of prime movers in the 30-year-old bracket, Mick Malthouse faces a challenge to morph the Blues into a power.
''A lot of their issues are midfield depth - have they got enough of it? They are talking about a couple of kids coming straight in and having an impact as clearance players. I am thinking, 'Gee, that's a big ask','' Shaw said.
''Defence is still an issue and can you get the best out of [Chris] Yarran again.''
Paul Roos has been handed a multimillion-dollar contract to put his reputation on the line and rebuild Melbourne.
Last year's pressure index identified Brisbane's Michael Voss as most under pressure. He was sacked late in the season.
Here how your club's coach is faring:
Adelaide: Brenton Sanderson
Contracted to end of 2016
State of Play: Had an excellent first year when he guided the Crows into a preliminary final, before injuries and the loss of Kurt Tippett helped destroy 2013. But his ability to develop young talent - the Crows had a club-record four Rising Star nominations last season - helped earn the former Geelong assistant a two-year extension, having initially been signed through to the end of 2014.
Brisbane: Justin Leppitsch
Contracted to end of 2016
State of Play: After a tumultuous 2013 when Michael Voss was sacked and the board split, Leppitsch must not only unify what was a disgruntled playing list but help bring the club together. That being said, the Lions narrowly missed the finals last season and it would appear he has inherited a list on the rise. The Lions triple premiership player served his apprenticeship with Richmond, and it's hoped his playing pedigree will raise media exposure in what is still a tough northern market.
Carlton: Mick Malthouse
Contracted to end of 2015
State of Play: The Blues made the finals in Malthouse's first season care of Essendon's suspension and would appear to again be jockeying for a place in the lower rungs of the top eight. They crave a premiership but time is ticking for the likes of veterans Chris Judd, Kade Simpson, Heath Scotland and Jarrad Waite. Malthouse adjusted his boundary-orientated game plan early last season and he will need more from the likes of skipper Marc Murphy, Bryce Gibbs and Matthew Kreuzer if he is to deliver a top-four berth.
Collingwood: Nathan Buckley
Contracted to end of 2014
State of Play: Insists his team will be stronger in 2014 after overhauling the list, which included the likes of premiership stars Dale Thomas, Heath Shaw, Darren Jolly and Alan Didak leaving. Will be given time to usher through a new wave of talent which he can mould without any links to the past but there can only be so much patience at a club which boasts arguably the best facilities and one of the highest football-department spends in the league.
Essendon: Mark Thompson
Contracted to end of 2014
State of Play: Agreed to become caretaker coach in the absence of the suspended James Hird. In theory, has nothing to lose, for it appears Hird will return in time for the 2015 campaign. However could that change if Thompson delivers at least a top-four berth (the Bombers have the talent and players in the right age group to do so) and wants to continue coaching? Would he then even consider coaching elsewhere next year? On the other hand, his thirst for the job could wane if charges are laid by the Australian Sports Anti-Doping Agency. This will be one of the intriguing sub plots of the season.
Fremantle: Ross Lyon
Contracted to end of 2015
State of Play: Has nothing to fear, for the Dockers will almost certainly hand him a contract extension, as early as this year. Unlikely to admit he has been scarred by a drawn and three losing three grand finals, and will go about his business in his typical, direct manner. Dockers will again challenge for a flag, in what could be a last stand for Matthew Pavlich, Aaron Sandilands and Luke McPharlin.
Geelong: Chris Scott
Contracted to end of 2015
State of Play: Another in the safe seat, as the Cats are again expected to challenge for a flag, having fallen just short last season. The departure of premiership stars continued last season, with Scott seen as the man to develop, even fast-track, elite young talent to fill these spots.
Gold Coast Suns: Guy McKenna
Contracted to end of 2014
State of Play: Appears to be the man in the hot seat. Suns chief executive Travis Auld has suggested McKenna will be given an extension, perhaps within months, but there would appear to be no need for the Suns to rush to a decision in a year when the remaining top roles appear to be safe. The Suns have improved in the past two seasons, and had eight wins last year. Need to generate more outside run and hope forwards Charlie Dixon, Tom Lynch and Sam Day can take control.
Greater Western Sydney: Leon Cameron
Contracted to end of 2016
State of Play: Having spent a year under Kevin Sheedy, Cameron now has full control. Has already made it clear his team needs to win early in the season to generate momentum on the field and in the market place, where the Swans have control. Not expected to push for the top eight, but need to prove they can consistently run out four quarters.
Hawthorn: Alastair Clarkson
Contracted to end of 2014
State of Play: "Officially" coming into the final year of his contract, but the club has confirmed it is in the final stages of negotiations that would tie Clarkson to the Hawks until 2016. Showed last year why he is rated one of the best coaches in the game by limiting the role of his best player (Lance Franklin) in order to make the team a more potent force. A second premiership in six years was just reward, and there seems little reason for either party to be unhappy with the current arrangement, with the Hawks still in contention for another flag.
Melbourne: Paul Roos
Contracted to end of 2015, with an option for 2016
State of Play: Just how quickly he can get the lowly Demons to adopt the Paul Roos philosophy will be one of the most fascinating stories of 2014. The Demons were non-competitive at times last season, so just earning back respect will be the club's first priority. Roos has already signalled his intent to make the Demons far better defensively - his trademark at Sydney - and has already brought in several elements that proved successful during his time at the Swans.
North Melbourne: Brad Scott
Contracted to end of 2016
State of Play: The Roos made it clear their coach is not going anywhere by locking him up with a three-year extension last season. North has played just one final in Scott's four years, and finished no lower than 10th. Although this is the year Roos supporters will expect to see their club challenge deep into September, possibly from a top-four platform. The recruitment of Nick Dal Santo tops off a strong list, however finding the balance between attack and defence is an ongoing challenge for the Roos.
Port Adelaide: Ken Hinkley
Contracted to end of 2016
State of Play: Could not have had a better debut season, voted coach of the year by his peers after taking the Power from basket case in 2012 to the second round of finals in 2013. His position looks rock solid as the club has made much about creating stability in its "four pillars" - coach, captain, chief executive and president. Puts plenty of faith in fitness guru Darren Burgess to get his players super fit and will need them to show the same hunger in 2014 to make sure the team's improvement curve continues in the right direction.
Richmond: Damien Hardwick
Contracted to end of 2016
State of Play: The man who finally took the Tigers to September was rewarded with a two-year contract extension shortly after the club's surprise elimination final exit. Have recruited players to fill specific needs over the past few seasons and increase their depth. However the biggest improvement last season came defensively. Having broken their finals drought, the next aim will be to claim a top-four spot, although just ensuring they make the top eight again will be hard enough.
St Kilda: Alan Richardson
Contracted to end of 2016
State of Play: Walks into one of the toughest jobs in football on the back of an unconventional appointment. Has three years to instigate a re-build and has already made an impression on the players with his straight-line approach. His contribution to Port Adelaide's sudden resurgence last year was unmistakable, and so St Kilda supporters will be hopeful he can do something similar, albeit perhaps not so quickly, given his coaching apprenticeship has been lengthly and mirrors that of Power coach Ken Hinkley. The Saints have outlined a clear direction for the future - to become a premiership contender within five years - and have turned to the draft to support it. Richardson's job will be demonstrate the steps of improvement.
Sydney: John Longmire
Contracted to end of 2015
State of Play: The Swans' 2012 premiership victory triggered a one-year contract extension for Longmire. The expectation is high, with the Swans already installed as premiership favourites in some markets. The challenge this season will be to ensure the controversial Lance Franklin deal works, on the field, and that his persona and pay check fit into the club's "bloods" culture. Remember, the Swans lost a lot of depth on their list to accommodate Franklin and, the year before, Kurt Tippett. If Longmire can devise a game plan that will allow the high-priced pair to co-exist, the Swans could go all the way again. Although finding that chemistry as early as possible will be pivotal.
West Coast Eagles: Adam Simpson
Contracted to end of 2016
State of Play: The first-time senior coach has plenty of time - he signed a three-year deal - and everything he needs to turn one of the league's most well-resourced clubs back into a premiership contender. This time last year, the Eagles were the popular choice for flag favourites but injuries to a host of the club's top names throughout a turbulent 2013 brought an end to that and John Worsfold's time at the club. The list is good, ranked by Champion Data as the third best, however Simpson needs the likes of Nic Naitanui, Beau Waters and Sharrod Wellingham to stay healthy and find their best.
Western Bulldogs: Brendan McCartney
Contracted to end of 2016
State of Play: Endured a difficult initiation in his first season as the Dogs lost their last 11 games of 2012 and faded out badly in the second half of matches. However the faith he showed in teaching the young players a contested brand of football was rewarded at the end of 2013 when the Dogs finished off the season well to notch eight wins for the year - three more than 2012. Seeing signs of the team they could become under McCartney, the Dogs opted to extend his contract by two years.
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KEXP Reviews
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This Brooklyn-based band follows up their initial EP with this excellent debut full-length of bluesy, old-school soul combining a raw, muscular sound, a killer horn section, blues guitar licks and lead singer Williams' powerful, slightly gravelly vocals. The songs are also first-rate, often exploring decidedly adult themes like infidelity with the conflicted passion of Al Green, Latimore (who's covered here) and other masters of '70s soul. 9/29/2009 - Don Yates