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I love the stripe on stripe here working with the dot tie. Again something that could be easily be considered overdone in a store display but actually works very well in real life.
Thursday, April 12, 2007
On the Street……Midtown, New York
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31 comments
Really cool guy, I also like the stripes and dots, very nice outfit!
Looks dapper! I love the stripes/stripes/dots combination, a bit eye-popping but that is fine by me!
You know Sart, one way your photos have been helpful to me is that they help illustrate how the mixing of patterns and colors will show at a distance. So often I think I've got it right when pairing items in a store only to see a picture of myself and wonder, "what happened?"
Love the faux 3rd button hole on the roll of the lapel
Mr Faust always looking dapper!
love the combination. the beautiful blue pops!
Yes, there's alot to take in with the stripes and dots but it works. Somehow it looks better to me in the close-up shot. I like being able to see the detail. I couldn't normally do that if he was just walking by me on the street!!
does he work for Ralph? he looks like he's wearing Purple Label, handsome too.
Double pocket?
One for a passport perhaps… I do like extra details like this.
The stripe combo is the bomb, but I personally never liked a solid collar on a patterned shirt.
Lovely gent. Particularly like his tie tying skills…
Overall he is to be congratulated although the balance, contrary to the comment by Sartor, is actually a bit off. The stripes of his suit and shirt are about the same weight while the polka dot tie is also of roughly of similar weight. He would have done better to have had a solid under the white collar or small stripe on his shirt. Basically teaming stripes takes some thought and requires contrasting gradations of weight to work well. Flusser has some good guides in his various books. The Duke of Windsor was the expert, look at some of his photos.
Between this post and the Dior Homme post below, your blog is the reason that I don't bother buying fashion magazines anymore (sorry Vogue). You give a mean fit clinic. Many thanks.
I disagree – it's very well and widely scaled. His shirt has a complex stripe with a definite difference in emphasis from the widely spaced pin stripe of the suit; the polka dot of the tie is the most emphatic element. And while the Duke of Windsor is a good place to look as an example, he made his name by breaking the rules, and was often ridiculed in the press for his strange (for the time) clothes.
Aside from the posture, as someone already suggested, this looks like it could be a Ralph Lauren ad.
Could someone please explain how a suit is supposed to fit? I find the area around his waist where it appears to pull make it look a bit too snug. Is this how it's supposed to look?
I like this tie.
oh i don't know. many rule-breakings are ok but this one feels uncomfortable, like a mango strand stuck in between the teeth!
It's so nice to see a man so well dressed.
To weigh in on the white-collar debate, I've never been a fan of them, but neither an all-white nor all-striped shirt would have worked as well here.
He's doing for the white collar shirt what others on your blog have done for white shoes…make them acceptable…uh, in the abstract.
should have used "politely" instead of "gently."
(sorry, i'm a grammar nazi.)
love love love your blog by the way.
keep up the eccentric finds!
Whenever I check this blog ( which I do religiously) my heart always sinks a little whenever I see a suit-and-tie variation AGAIN.
I'm all for funky menswear that can be inspiring for both sexes or the occasional sharply tailored suit, but if you could focus a little less on basic suit-and-tie ensembles or do a separate section for menswear, that would be great!
You have a very keen eye for chic women's outfits that I feel like I haven't been seeing enough of in recent posts.
Agree with Alice – love the look of this in the closeup, but not so sure I'd notice that if he walked past me on the street.
As usual, you have a phenomenal eye.
re: the pulling…. It's hard to say if it's a sizing issue. Sometimes a little pull can be a good thing – adding an element of definition to the jacket. But, as suggested by another poster, it can also make the garment appear too small – we really have no way of knowing without seeing the back of the garment. That being said, I'd wager to say it's an acceptable size, just a less than ideal button stance.
This is Philip Faust who heads up Ralph Lauren Blue Label Clothing.
Hey Rafe,
I think you're right. I too suspect that this gentleman works for RL.
Let's play fashion sleuth, shall we?
On 58th St. btween Madison and 5th,the former Chase Bank is vacant and there is one large window that's been bordered up and painted black. The RL offices are on the corner. Hmmm…
Well.. and then there's the fact that I passed Mr Schumann on 5th Ave,just around the corner from the above mentioned black window the day before this post, so I have to conclude that I have pinned the location.
Lastly,whenever one sees a handsome fellow with a perfectly fitted chalkstriped suit…accessorized within an inch of his life, in the general vicinity of Madison and 58th/59th St one certainly raises an eyebrow with regards to the possibility they're on the RL payroll.
I could very well be mistaken but then again I'm rarely wrong on matters of such importance.
I think that if the tie were solid. I may not have concluded my findings as such. I do think that perhaps this fellow has struck one note to many.
..Rafe,let's talk after work about that drink.
I consider this blue-on-blue stripes/dots shirt and tie combination smart, but quite conservative, although many men who dress conservatively seem never to think beyond solid shirts and small-patterned ties (excepting perhaps the always impeccable Charlie Rose).
I will, however, quibble about the fit of this coat. It looks a smidgen too tight to me. The gentlemen has correctly buttoned only the second button of the three-button coat for walking, but the button pulls just a bit, making those diagonal wrinkles around the closure. And then there's the ever-so-slight curve of a belly roll visible beneath the closed button, forcing open the jacket at the waist. However, it does look as if a correction in posture might resolve those apparent fit issues.
A classic look and very nicely done. The dots on the tie are a touch heavy for my taste, but it's all put together so well.
I notice that that there have been some comments (on this and other posts) regarding suppression at the waist of men's jackets. This is something that has arisen out of the tailoring of military tunics. Take a look at prints of English or French cavalrymen of the 19th century in full dress.
I think that waist suppression looks very dramatic and it is an indicator of tailor-made clothing. It looks far better than some shapeless jacket that just hangs down from the shoulders; it's also a good incentive to start doing some sit-ups…
hey guys!
couple of things
regarding fit
as i mentioned on the post he is leaning just a bit in the photo which gives a little pull to the jacket and the jacket is not perfectly sitting on his body = look how one sleeve cuff is showing more than the other.
it is not an issue of fit but that some people are not super comfortable having their photo taken – i started the post saying "my bad" I should have helped him fix his jacket
yes he works at Ralph Lauren – if you enlarge the photo you can easily see it is titled "Polo 58″
i certainly don't think it makes it any less viable. in that same area are Hickey, Bergdorf, Barneys, Zegna, Vacca, Borrelli – a lot of very well dressed gentlemen but RL employees just always seem to get it done really well.
I am surprised i don't see more well dressed Barneys employees
A couple of folks have queried my comment about the weight of patterning. It's very much in the eye of the beholder of course but these subtleties are a bit like quality, hard to describe but you know it when you see it.
On the topic of fit which a lot of people picked up on, his jacket is tugging in places. A tight fit is popular in places like Britain and Italy, take a look at some of Sartor's pics, but it only really works on the very young with concave stomachs. For the rest of us, I personally think nothing looks worse than clothes that are too tight. They are also damned uncomfortable. Take a look at a lot of books on the subject of mens clothes which spend a lot of time on sartorial methods for dealing with American calory intake. Tight clothes are a contradiction of these efforts. Well cut clothes that fit don't tug. It's as simple as that.
Re: The anonymous comment above that asks to see less posts about suits.
I don't want less of anything, I want MORE of everything, suits included!
This is a great combination of patterns/colours. The white pocket handkerchief is particularly interesting. Would be interested to see more of this subject.
Schedule lunch immediately, sir! Anyhow who would dress so carefully yet so casually is a friend of mine. You are to be admired and emulated….by men and perhaps even by women.
It can not be a Ralph Lauren suit (purple label). If you look closely at the the lapels, the one from RL is peaked, as this one is indeed notch. Subtle differences.


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Westchester County's Bill and Hillary Clinton are going to need a new place to vacation next summer after selling their East Hampton rental home for nearly $30 million.
The 10,000-square-foot home, which the couple who live in Chappaqua has rented for several seasons on the East End of Long Island, has reportedly been sold for $29 million after being listed for $32.5 million in the summer of 2015.
According to reports, the home was sold to Eric Blastein, who has strong ties to the Democratic Party. It is the largest sale of a home in East Hampton this year.
The home includes eight bedrooms and nine and a half bathrooms. It sits on 1.2 acres, with 200 feet of ocean frontage. It includes a salon, library, dining room, and multiple fireplaces. It was completely renovated as recently as 2002.Photo:
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subset: commoncrawl


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Fashionista Patricia Field spills on star cameos and those '80s outfits
Eighties outfits? Appearances by Penélope Cruz, Miley Cyrus and Liza Minnelli?
Little by little, the secrets of the sequel to the Sex and the City movie are leaking out, and style guru Patricia Field is filling PEOPLE in.
"It's Star Wars for women all over the world," Field joked at the 2009 Angel Ball for cancer research on Tuesday in New York City.
PHOTOS: See More Fashions From the Sex and the City Set
Warning: Don't read any further if you don't want to learn titillating details about the movie.
So what was the real story behind those '80s outfits that Sarah Jessica Parker and her three pals were dressed in – and widely seen in photos from a shoot on the streets of the Big Apple?
Flashback Time
"It was in the beginning of the movie," Field explained. "Carrie was waiting to meet her girlfriends and she was thinking about when she first moved to New York in the '80s and how she met Samantha and Charlotte. They're all, in real time, meeting to go shopping. And in her flashback time, she is thinking of when she first met each one of them."
What's with the guest appearances by Cruz, Minnelli and Cyrus? Cyrus recently filmed a scene with Kim Cattrall, where the two ostensibly showed up to a movie premiere in matching outfits.
RELATED: Fun, Not Fights, on Sex and the City Set
"That's in the story line, but I'm not going to tell that one," Field teases. "But, it's fun. Miley's a very good character. She's a really nice girl. She's happy and with it! She's a very cool girl."
Road to Morocco
What about the films' increasingly exotic locales? After all, in the first movie, Carrie and friends fled Gotham for Mexico after Mr. Big stood her up at the altar. The new movie doesn't disappoint, Field promises, saying they'll be visiting Morocco.
"[We're shooting] there for about six weeks," she said. "You'll probably see belly dancers and Bedouins!"
But Field zips her lip when it comes to the biggest question of all: Will Carrie be expecting a baby?
"I don't know," she says. "You're going to have to see for yourself because then what's the fun?"


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Squeeze More Songs Onto Your iPod
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If you ever wished you could stuff your iPod with more music, here's your answer: Thanks to G4TechTV, you can "cram your 'Pod" with up to 30 percent more songs. There are two methods of doing this. First, if you remove the album art from your tracks, you can grab up to a 10% increase in space. This allows you to go from 80 full albums on an iPod mini to 88. Or you can invest some time converting your tracks to 96kbps AAC format, increasing your storage capacity to 100 full albums on the mini.
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Thinking Machine 4
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Ever wonder what a computer thinks as you play chess against it? Now you can see exactly what computations the program checks through the use of Thinking Machine 4. This program allows you to play chess against a computer and see the machine's thought process visually on your screen. Watch thousands or possibilities shown on your screen as the program chooses the best move.
"The artwork is an artificial intelligence program, ready to play chess with the viewer. If the viewer confronts the program, the computer's thought process is sketched on screen as it plays. A map is created from the traces of literally thousands of possible futures as the program tries to decide its best move. Those traces become a key to the invisible lines of force in the game as well as a window into the spirit of a thinking machine."
Check it out here.
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XBOX 2 To Be Released In Q4 2005
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According to Eurogamer, Microsoft's next generation gaming system which rumored to be called XBOX 360, will be released in the fourth quarter 2005 in the UK. What does that mean for the States? The U.S. launch date will most likely be on target with this launch window. Of course, we have been saying this for months. Expect retailers to start taking pre-orders shortly after E3, so start saving up now.
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Brushed Metal iPod Mod
Posted by Oscar M. Cantu Categories: Misc. Tech, Portable Audio / Video,
If you are like most iPod owners, you hate seeing fingerprints on the back of your super chic device. What can you do to solve this problem? Simple! Grab some Brillo and give it a brushed metal look. As you can see in the image, the brushed metal look actually fits all the rest of Apple's designs. Not only will you have eliminated finger prints on your shiny iPod, but it looks great! NewSlang.org has an article detailing the simple steps to achieving great results. Of course, you can also just use a Pod Shield and keep the luster.
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Gratis Network and TRUSTe Together Again
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A couple of days ago, TRUSTe made it known to the internet community that for the first time in two years they were going to suspend a sites status as a TRUSTe sealbearer. Gratis Network was to be the one to garner that dubious acheivement, but today the companies announced they have come to an agreement. If you read the release, you basically see that Gratis has decided to comply and go through corporate training. This basically tells us that they are admitting to wrongdoing. Regardless of what kind of training they go through and compliance they follow from here forward, what about all the damage already done? Multitudes of Gratis members have complained about all the spam they get just from signing up to any Gratis Internet site looking to gain free electronics. Check out the full press release after the jump.
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Man Locks Himself In A Bubble to Await True Love
Posted by Hector Martinez Categories: Internet,
Those of you without a Valentine this year can't possibly be this desperate. In a publicity stunt sponsored by Match.com, a 29 year old man has enclosed himself in a bubble at a Sydney, Australia shopping mall until Valentines Day, where he hopes to come out and meet his new girlfriend. May not be considered much of a stunt since it looks like he has all that he needs (read: a laptop and a broadband connection). While I've always wondered what it would be like to meet a girl that's as into technology as I am, something tells me there's some good to having "opposites attract". For example, I can help her with free tech support while she can help teach me about personal hygiene. Oh well. We hope you all have a decent Valentine's Day, whether alone or with another.
Read More | Cnet News
Scientists Develop Scorpion-Like Bot For Planet Exploration
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University of Bremen researcher Frank Kirchner has developed a creepy-moving scorpion-like robot, which is now being evaluated by NASA for use on Mars and other planets. Apparently walker-type bots like this one are able to get into the deep crevices that conventional wheel-based vehicles aren't able to reach. It looks like something assembled from the scraps of a Terminator machine. But don't just take my word for it, click here to see a movie with the robot in action.
Read More | Nature.com
Dutch Military Develops Color Night Vision
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Night spying would be so much more fun if you could do it in color instead of grainy green. The TNO research lab in Soesterberg, Netherlands thought the same thing too. Their new night vision goggles produce natural-looking color by sampling daytime images in the landscapes where the system is expected to be used. Stored in memory, those colors are then mapped to the various shades of grey/green detected through existing technology, producing an image that allows better clarity and depth perception. Those episodes of Cheaters and the Surreal Life may never be the same.
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Gear Live Playlist: The Game, Arcade Fire, John Legend, Rage Against the Machine
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Following last weeks singer-songwriter fest, I promised more testosterone this week, and here is my attempt to deliver. A debut by rap music's newest golden boy and the all out rock of Death From Above 1979 and Rage Against the Machine give this Playlist some aggression and anger…Throw in a little R&B and indie rock, and you have this week's Playlist.
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Why Napster To Go Works
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When I originally heard about Napster To Go, I thought the concept was pretty cool. Instead of buying music on a per track basis, you instead pay a monthly fee and download as much music as you want.The kicker here of course is that since you are subscribing to the content, once you decide to end the subscription everything you downloaded goes away. It just simply doesn't work anymore. Many have said that it just wouldn't work, but I think that Napster may have caught on to something here.
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Safety Starts With The Basics: Your Belts
Editor's Note: Trevor Ashline, a restraint-system engineer, developed the Hutchens Device for racers and is currently the safety advisor for BSR Products, Inc. He is a graduate of Rochester Technical Institute in New York, and after a career in passenger-car safety analysis, has specialized in racing safety for the past two years.
In his motorsports capacity, Ashline has overseen more than 60 sled tests of stock cars, and designed and developed seats, headrests, seatbelt systems, and head restraint systems. This is the opening installation of an exclusive monthly column for the Circle Track Saturday-night racer dealing with safety systems.
Have you ever wondered if your safety equipment was adequate? When you tighten the seat and the seatbelt anchor bolts, are you questioning them? I am here to help the race car driver understand what happens when you crash. With this understanding, you will be better able to make informed decisions about your safety system.
Your safety system consists of everything around you in the cockpit. Your system needs to be well thought-out. Most of the differences between a good and a bad safety system are in the details. Everyone has to mount and adjust the seat, belts, padding, steering wheel, and personal restraint system. If you or your crew knew that they could change the placement of your belts slightly and add a few more bolts to the seat system (which we'll take on in another installment) to make your safety system better, wouldn't you? In many cases, additions of energy-absorbent foam can also help control the movement of the occupant in addition to the belts and the seat.
Correct mounting is the key The easiest way to increase your system's effectiveness is to have your seatbelt system mounted correctly. The seatbelts should always be mounted per the manufacturer's instructions. A good rule of thumb for an upright seating position (the angle of the seat back is determined by the type of vehicle it is installed in) is to have the lap belt mounted at an angle of -40 degrees to -60 degrees down from a horizontal line from the "H"-point (center of the driver's hip). The six-point mount should be as short as possible and mounted in back of the chest line. The chest line is a straight line from the chest through the buckle position. The upper torso (shoulder) belts need to be mounted as short as possible at an angle of 0 to -10 degrees from the top of the shoulders to the bars behind the seat or to the brackets provided by the manufacturers, depending on the application.
Six-Point Harness I also highly recommend a six-point belt system that mounts wide at the lap belt buckle. New hardware is available to accomplish this even with the standard latch-and-link buckle. The idea of the six-point system is to effectively wrap the pelvis and to limit the amount of movement. The key to all restraint is the pelvis. Federal government safety studies indicate the pelvis can take loads up to 130gs, compared to 80gs for the chest and 60gs for the head. If you can control the pelvis, it is easier to control the movement of the torso and then the head and neck. A properly mounted lap belt and six-point harness can reduce the pelvic movement by 40 to 50 percent over a standard five-point system.
The lap belts should be mounted as close as possible to the occupant to reduce belt length and insure quick belt response in side and angular impacts. The mounting angle mentioned earlier (-40 to -60 degrees) will help the lap belt stay on the pelvis during the event. This, not "dumping" (which occurs when the free end of an adjustable belt is not in line with the loaded end of the belt and can shear the webbing), is the main reason for mounting the lap belts more forward in the car. When the lap belts are mounted farther back, the angle of the belt is low. The buckle will easily rise into the abdomen when the driver starts to "sub under" in a crash. With the forward mounted belt -40 to -60 degrees from the H-point, it is harder for the buckle to rise off the pelvis and into the abdomen.
These are just a few ideas to help with belt installation. Next month, we will take on another topic as well as answer your questions concerning racing safety. Send your safety-related questions to email@example.com. Recognize that more research about racing safety is being done now than ever before. This testing is resulting in advancements that could help you in the event of a crash.


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3 stars (out of 4)
"I am what I am," Spiritualized's Jason Pierce declares on his band's seventh studio album in two decades, more matter of fact than defiant.
Pierce has reason to be self-confident. He remains obsessed with certain sounds – the Velvet Underground's mash-up of noise and melody, German art-rock rhythmic trance, gospel ecstasy, orchestrated soul, free-jazz skronk – and he keeps reconfiguring them for each album. "Sweet Heart Sweet Light" (Fat Possum) is no exception, another variation on those go-to reference points that is by turns grandiose, melodramatic, joyous and doom-ridden. It's another one of those get-lost-between-the-headphones experiences that Spiritualized have been producing since their 1997 masterpiece, "Ladies and Gentlemen … We are Floating in Space," and Pierce wouldn't have it any other way.
The lyrical themes should be familiar: Drugs, death, God, redemption. They're orchestrated into musical dramas that ebb and flow for six, seven, eight minutes at a time. Pierce is a savvy producer; no matter how dense the arrangements – strings, horns and choirs piled atop guitar, bass, drums and keyboards – he leaves a clear path for the melody. Amid the chaos of strafing guitars and wailing saxophones, he gives us something to hum or sing along -- the amiable bounce of "Hey Jane," the little duet with his 11-year-old daughter that opens "So Long You Pretty Thing," the nursery rhyme sung by female voices at the close of "Headin' for the Top Now."
Pierce collapses despair and ecstasy; he's the weary, strung-out narrator who sees life only in extremes. He wants to be "saved" but doesn't see how. Self-pity elbows into the mix; "I won't get to heaven … I won't see my mother again," he laments on "Life is a Problem." There's nothing sappy or draggy about the music, though. It can be crushing and corrosive, with just a hint of sweetness and hope. That tension suits Pierce. No wonder he stays so resolutely on the same path.


text: Johannesburg - Pakistan will stick to their tried and tested team for the third and final Test against South Africa, captain Misbah-ul-Huq said in Johannesburg on Thursday. "We are evolving with every game and we will play our best side," said a subdued Misbah on the eve of the Centurion Test. "All over the world, wickets are getting slower and even in Australia you don't find wickets like this anymore, so it's a matter of spending some time in the middle and getting used to the conditions. "Initially, it's difficult to adjust but the more you play, the better you get, so we don't want to make too many changes." He said his side needed to put up a better show and, despite the match being a dead rubber, he emphasised the importance of Test cricket and said neither side would take the match lightly. "The South Africans know the importance of Test cricket and they want to win every game," he said. "Every team wants to win every game, and not just win the series, so both of us want it just as badly." To give themselves a chance, Misbah said the batting unit needed to produce a better performance and the team needed to capitalise on opportunities when they held the upper hand. "Our major goal is to win this Test but it's not just about one innings. You have to bat well in both innings and post good totals to give a chance to your team and to your bowlers. "You also have to get a team out twice. You can't just get them out once and then let the advantage slip out of your hands." He said the touring side's lack of experience had been exposed during the series but also paid credit to the hosts for exerting constant pressure on both their batting and bowling units. "We've been working hard in the nets and hoping we'll get better. Everybody is trying their level best, especially in trying to combat the new ball." He hoped the harder pitch would benefit his seamers and that giant paceman, Mohammad Irfan, would reap some rewards on the surface. "I think Irfan will be effective on this wicket although he is new to Test cricket," Misbah said. "He used to play in Pakistan on seamer-friendly pitches and he is the kind of bowler that can surprise with bounce and pace." Fast bowler Junaid Khan, who missed the Newlands Test with a thigh injury, had recovered but was unlikely to play if he was not match fit. The Pakistan selectors were meeting later in the day and Misbah said he expected only one possible change.


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Selected as Party of the Day on April 19th!
Sweet Sophia - Vintage Barbie
Party Recap
When I first started to come up with ideas for this party, I tried to think about what makes Barbie so special to little girls and I realized that it is that wonderful element of make believe. You can pretend that you really are Barbie and be transported to a world full of fun adventures and fabulous fashion! I wanted the dessert table to help capture the children's imagination just a Barbie does. So, I tried to design it as though it was actually a place in Barbie's house.
For the background I found the perfect black and white striped fabric which called back to Barbie's original bathing suit. I chose a dressing table to display the sweets and used it as inspiration for many of the other elements.
First I found the most beautiful corset cookies in an Etsy shop called Lori's Place. And, inspired, I contacted Lori to see if she could use the same detailed icing work but create little dresses for me instead of corsets! Knowing, that if she pulled it off, each dress would look like a beautiful little doll dress and I didn't just want to just line them up on tray. So when they showed up and were just as lovely as I had imagined, I chose to stand them up like a wardrobe of gorgeous Barbie dresses and displayed them in and around a jewelry box.
I created a silhouette, inspired by the classic vintage Barbie silhouette, and used it as one of the icons for the party as I designed the paper goods. It was used on everything from the invitation to the framed picture above the dessert table, all the way to the thank you tags.
Trying to find even more ways to pull the silhouette into the decor, I contacted Angela at Queen of Tarts Cakes and asked her if she could make cookies which looked like little portraits. On the day of the party I displayed them on picture easels as if they were real pictures.
Renee at Bees Knees Creative made the most beautiful monogram cake pops which looked just gorgeous popping out of a makeup bag.
For the favor table, we found the perfect accessories in the Target dollars bins... pearl necklaces, bracelets, flower headbands, gloves and even little purses to hold all the goodies!
All of the party printables are available in my shop...
Party Helpers
Gwynn Wasson Designs
Party Planner
Gwynn Wasson Designs
Lori's Place
Cookie Designer - Dress Cookies
Queen of Tarts Cakes
Cookie Designer - Silhouette Cookies
Bees Knees Creative
Cake Pop Designer - Cake Pops
5 comments
Gwynn Wasson | POP parties Ink wrote:
Claudia L wrote:
where can I find the outline of the Barbie you used for the theme?
Gwynn Wasson | POP parties Ink wrote:
Hi Claudia! I designs the silhouette used on party items. You can purchase the items in my shop... http://www.etsy.com/shop/GwynnWassonDesigns Feel free to email me GwynnWassonDesigns{at}gmail{dot}com if you have any other questions.
Shanna G wrote:
What did you attach the black/white striped fabric to? I'm wanting to have a backdrop behind my daughter's dessert table, but the party venue does not allow us to attach anything to the walls.
To leave a comment Log in -or- Join the party


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'Before Aspen, inbounds didn't feel like out of bounds'
The Aspen Times
Aspen, CO, Colorado
ASPEN – Differentiating Aspen/Snowmass from the competition will again be the focus of Aspen Skiing Co.'s ski-season advertising campaign.
Christian Knapp, Skico vice president of marketing, revealed the new campaign – a fresh take on a theme the company unveiled last season – at Thursday's annual preseason gathering hosted by the Aspen Chamber Resort Association and the ski company at the Sundeck atop Aspen Mountain.
Knapp was new to Skico when he overhauled the company's print-ad campaign a year ago. This season's ads, which will begin appearing in ski,snowboard and outdoor magazines shortly, again uses the themes "Before Aspen" and "Before Snowmass," followed by a catchphrase that sets the local ski areas apart from other resorts.
One, "Before Aspen, inbounds didn't feel like out of bounds," features a helicopter shot of skiers and riders at the top of Highland Bowl. Another, "Before Aspen, last call never rode first chair," depicts a crowd at Belly Up. The fine print reads, "Our skiing is rivaled by one thing. Our nightlife. Plan accordingly."
Ads shot in the terrain park at Snowmass read, "Before Snowmass, turning pro meant leaving home."
A QR code in an upper corner of each ad can be scanned using a cellphone and the appropriate app, allowing a reader to view a video of photography work that went into the images.
The snowy footage was shot last season, pointed out John Rigney, vice president of sales and events, acknowledging a ski season that made national news for its lack of snow.
Senior Vice President David Perry ran down some statistics that most locals are ready to forget – like snowfall that was less than 50 percent of average – and credited everything from stellar grooming on the slopes to advance sales efforts for what was only a minimal dip in skier visits at Aspen/Snowmass – 1.8 percent. Statewide, skier visits were down 11.4 percent, and nationally, the drop was 15 percent, he said.
"A challenging year, but we really kind of kicked some ass, to put it bluntly," Knapp said.
Also getting a mention at Thursday's look forward:
• The new Elk Camp restaurant at Snowmass, a two-year, $13 million project, will open this season. The Elk Camp gondola will run Friday evenings for dinner at the new restaurant and family activities like ice skating and sledding are envisioned outside.
• Along with the new terrain on Burnt Mountain at Snowmass, skiers and riders will find more lines through the glades on Tiehack at Buttermilk and Temerity at Highlands. Trees have been cut in both places to open up the terrain.
• The previously announced Mountain Collective pass ($349 for two days each at Aspen/Snowmass, Jackson Hole, Wyo., Alta, Utah; and Squaw Valley, Calif., plus 50 percent off additional lift tickets at all of the participating resorts) is a surprisingly good deal, according to Knapp.
A six-day lift-ticket package at Aspen/Snowmass, purchased in advance, is $582. The collective pass nets a buyer six days for $565, based on last season's ticket pricing.
"It's less money than the six-day ticket," Knapp said.
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No. 94,312
c/o R.H. GUMP (OWNER), and
c/o MARK NORDYKE,
A Municipal Corporation,
1. The local zoning authority, and not the court, has the right to prescribe, change, or refuse to change zoning. The district court's power is limited to determining the lawfulness of the action taken and the reasonableness of such action. Reasonableness is a question of law to be determined on the facts. On appeal, we apply the same standard as the trial court.
2. The function of the planning commission is advisory only, its authority being limited to a study of the facts and submission of its recommendations to the governing body wherein the authority to take final action lies.
3. There is an aesthetic and cultural side of municipal development which may be fostered within reasonable limitations. Such legislation is merely a liberalized application of the general welfare purposes of state and federal constitutions.
4. The concept of the public welfare is broad and inclusive. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.
5. Neighborhood objections are not legally sufficient to deny use, or even conditional uses, of land. However, it remains a consideration in the ultimate decision. Zoning is not to be based upon a plebiscite of the neighbors, and although their wishes are to be considered, the final ruling is to be governed by consideration of the benefit or harm involved to the community at large.
6. While aesthetic considerations may not be as precise as more technical measures and must be carefully reviewed to assure that they are not just a vague justification for arbitrary and capricious decisions, they may be considered as a basis for zoning rulings.
7. In a quasi-judicial proceeding, it is incumbent upon the authority to comply with the requirements of due process in its proceedings. Thus, the proceedings must be fair, open, and impartial. A denial of due process renders the resulting decision void.
8. Notice and hearing are not required by due process for the meeting in which the plan is adopted by the planning board, provided there was notice and a public hearing prior to the said meeting of adoption.
Appeal from Sedgwick District Court; TIMOTHY G. LAHEY, judge. Opinion filed April 14, 2006. Affirmed.
Robert W. Kaplan, of Kaplan, McMillan & Harris, of Wichita, for appellants.
Joe Allen Lang and Jay C. Hinkel, assistant city attorneys, and Gary E. Rebenstorf, county attorney, for appellee.
Before McANANY, P.J., PIERRON and CAPLINGER, JJ.
PIERRON, J.: R.H. Gump Revocable Trust and Nordyke Ventures, L.L.C. (collectively "Gump") appeal the decision of the district court affirming the decision of the City of Wichita (City) to deny a conditional use permit to allow construction of a cellular communications tower. Gump argues City acted unreasonably, City's decision was not supported by substantial evidence under the Telecommunications Act of 1996, and City acted unreasonably by considering the court's remand in executive session. We affirm.
R.H. Gump Revocable Trust, in the care of R.H. Gump, is the owner of real property located 600 feet east of Woodlawn on the south side of Kellogg Avenue in Wichita. Nordyke Ventures, L.L.C., in the care of Mark Nordyke, builds and leases wireless communication facilities.
In July 2000, City and Sedgwick County approved a Wireless Communication Master Plan (master plan) to address the growing needs of the wireless communication industry and incorporated the plan into the Wichita-Sedgwick County Unified Zoning Code (UZC). Communication companies are allowed construction of new disguised ground-mount facility towers up to 85 feet high by administrative permit. There is no prohibition for building new disguised ground-mount towers in excess of 85 feet, but such towers require a conditional use permit approved by City.
In March 2003, Gump filed a request seeking a conditional use permit to construct a "stealth flagpole" tower for use by Cricket Communications on the real property in question. Gump proposed a wireless communication tower, to house all the antenna equipment, having an initial height of 135 feet, with provisions to extend the height of the tower to 165 feet if necessary to allow other carriers to use the same support structure in the future. A large United States flag would be flown from the flagpole to help disguise its utilitarian purpose.
The Metropolitan Area Planning Department (MAPD) reviewed Gump's application and found the proposed tower conformed to the guidelines of the UZC and master plan and recommended approval of the conditional use subject to certain conditions. The Wichita/Sedgwick County Metropolitan Area Planning Commission (MAPC) granted its approval after a public hearing on April 24, 2003, subject to several maintenance-type conditions and that the flag should be illuminated only at night. The MAPC based its approval on several findings: the mixture of commercial and residential uses along the Kellogg corridor, compatibility, "limited commercial" zoning of the property, visual impact lessened by design, conformance to master plan, and FAA approval.
On May 5, 2003, the District Advisory Board for Council District II (DAB II) also voted to recommend that the application be approved. The only difference between DAB II's recommendation and MAPC's was that DAB II preferred the MAPD's recommendation that the flag be displayed only during daylight hours to avoid the need for nighttime lighting of the flag.
On May 20, 2003, City considered Gump's request for a conditional use permit. Council Member Schlapp moved, and City voted unanimously, to return the application to MAPC, and if necessary the DAB II, for reconsideration of their recommendations. City requested that MAPC address three issues:
"1. Are other structures or buildings that have been suggested by Staff and the public available for location of some or all of the antenna needs of the applicant? Could multiple shorter towers or flagpoles that do not have the same visual impact on the surrounding neighborhoods meet some of the applicant's needs?
"2. If a facility disguised as a tall flagpole were to be approved, what conditions should be considered for display of any type of flag on such a flagpole?
"3. Is the City adequately protected in the event the applicants (or other users) are financially unable to maintain the facility?"
MAPC considered City's remand request on June 5, 2003. At the MAPC hearing, several citizens spoke against the request and stated numerous concerns and questions. MAPC voted (12 to 1) not to change the previous recommendation of approval subject to the same conditions, including allowing lighting of the flag at night. In its decision, MAPC considered the planning staff's lengthy response to the three questions raised by City.
City reconsidered Gump's request for a conditional use permit at a hearing on June 17, 2003. The acting director of planning reviewed the application for a conditional use permit for the council. After a review of the record, MAPC's reconsideration of the item, along with the original MAPC hearing record, and additional information in the record, Schlapp moved that the application should be denied based on 10 factors: (1) Even with a disguised structure, the proposal is not compatible with the use and character of the neighborhood; (2) extensive beautification efforts in the Kellogg freeway area and negative visual impact from residential and recreation areas; (3) does not conform to the design guidelines of master plan; (4) does not conform to the location guidelines of master plan; (5) does not conform to structural design of master plan; (6) does not conform to co-location guidelines of master plan; (7) overwhelming opposition to proposal; (8) visual impact of tall pole; (9) this is the third attempt to place a wireless facility at this location; and:
"10. Upon review of the total record, . . . the relative gain to the public health, safety and welfare by a denial of this application as compared to the loss in value or the hardship imposed upon the applicant, requires a denial of the application. The applicant has less detrimental alternatives it can pursue to enhance its wireless services in this area."
City denied the conditional use permit to Gump by a vote of 4 to 2.
Gump appealed to the district court claiming the action of City in denying the conditional use permit was without authority and unreasonable. Gump contended the decision was based on improper criteria, contrary to the evidence received in the case, and contrary to the professional recommendations of MAPC and DAB II.
The district court conducted several hearings on the conditional use permit in early 2004. On July 22, 2004, the court issued an order outlining the proceedings up to that date and then remanding to City as follows:
"14. The record discloses citizen opposition based on the aesthetic impact and/or visual appearance of the tower. The 'findings' of the Council in denying the application appear to be based entirely on the aesthetic impact or visual impact of the tower. However, in Finding #10, the Council concluded that 'the relative gain to the public health, safety, and welfare by denial of the application as compared to the loss in value or the hardship imposed upon the applicant, requires a denial of the application.' This finding is conclusory, vague, and appears to lack factual support. Because this 'finding' may have a material impact on the Court's ultimate decision in this matter, the Court directs the Council to clarify the factual underpinnings of their finding."
City considered the district court's remand order at the September 14, 2004, council meeting while in executive session. City unanimously adopted additional findings of fact as presented by its law department. Concerning the gain to public health, safety, and welfare of the community, City addressed: (1) the impact of lighting the flag and that the visual impact of the proposed tower exists whether or not the flag is lighted; (2) treatment of the flag and fear Gump will not fulfill its requirement to properly care for the size of flag necessary for the flagpole; (3) previous findings on the impingement of the aesthetics and visual impact of the flagpole; and (4) previous outlined failures of the application to conform to the master plan.
Concerning the loss in value or the hardship imposed upon the applicant, City stated: (1) property owner will not be denied all value because other commercial uses are possible on the property; (2) location is not essential to the ability of the wireless industry to provide complete coverage and availability of alternative sites; and (3) multiple shorter towers could meet Gump's needs.
Concerning the balance of the public interest to Gump's hardship, City addressed: (1) conflicting facts and strong opinions in the case; (2) alternative sites; and (3) the strong weight of the facts showing a detrimental impact on the general health, safety, and welfare of the community and how this Golden factor weighs for the denial of the application. See Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (1978), City unanimously adopted the additional findings.
After City adopted the additional findings on remand, the district court took up the ultimate issues in this case at a hearing on Gump's motion to permit discovery. The district court denied the motion to permit discovery and announced, sua sponte, that it was prepared to rule on the merits of the case. After consideration of the original findings, arguments of counsel, and amended City findings, the court concluded: (1) City's determination was based solely upon the visual impact and aesthetics of the proposed tower; (2) City was entitled under the law to make its determination on that basis; (3) Gump had not proven the unreasonableness of the denial of the conditional use permit; and (4) City had taken into account the benefit or harm involved to the community at large and had exercised its discretion to make a decision on that basis that was not so wide of the mark that it was outside the realm of fair debate.
The district court denied Gump's motion for reconsideration and found that City's action in denying the conditional use permit was based on "substantial evidence" as that term is defined in U.S. Cell. Tele. v. Great. Tulsa Broken Arrow, OK, 340 F.3d 1122 (10th Cir. 2003). Gump appeals.
Gump argues City's denial of the conditional use permit was unreasonable. Gump argues that its application for a conditional use permit complied with, in every objective way possible, all the requirements of the master plan and that even City's professional planning staff recommended approval of the permit with various conditions.
The tenets of our standard of review are well established in cases of zoning matters.
"In zoning appeals, the standard of review for district courts as well as for this court is set forth in Combined Investment Co. v. Board of Butler County Comm'rs, 227 Kan. 17, 28, 605 P.2d 533 (1980):
'(1) The local zoning authority, and not the court, has the right to prescribe, change or refuse to change, zoning.
'(2) The district court's power is limited to determining
(a) the lawfulness of the action taken, and
(b) the reasonableness of such action.
'(3) There is a presumption that the zoning authority acted reasonably.
'(4) The landowner has the burden of proving unreasonableness by a preponderance of the evidence.
'(5) A court may not substitute its judgment for that of the administrative body, and should not declare the action unreasonable unless clearly compelled to do so by the evidence.
'(6) Action is unreasonable when it is so arbitrary that it can be said it was taken without regard to the benefit or harm involved to the community at large, including all interested parties, and was so wide of the mark that its unreasonableness lies outside the realm of fair debate.
'(7) Whether action is reasonable or not is a question of law, to be determined upon the basis of the facts which were presented to the zoning authority.
'(8) An appellate court must make the same review of the zoning authority's action as did the district court.'" McPherson Landfill, Inc. v. Board of Shawnee County Comm'rs, 274 Kan. 303, 49 P.3d 522 (2002).
Examining the reasonableness of the planning authority's decision is also well established in Kansas law, also known as the Golden factors. In Golden, 224 Kan. at 597, the Kansas Supreme Court observed:
"A mere yes or no vote upon a motion to grant or deny [a request for zoning change] leaves a reviewing court, be it trial or appellate, in a quandary as to why or on what basis the board took its action. A board, council or commission, in denying or granting a specific zoning change, should enter a written order, summarizing the evidence before it and stating the factors which it considered in arriving at its determination."
The following Golden zoning factors are suggestions and other factors may be equally or more important factors depending of the circumstances of the particular case: (1) the character of the neighborhood; (2) the zoning and uses of properties nearby; (3) the suitability of the subject property for the uses to which it has been restricted; (4) the extent to which removal of the restrictions will detrimentally affect nearby property; (5) the length of time the subject property has remained vacant as zoned; (6) the gain to the public health, safety, and welfare by the possible diminution in value of the developer's property as compared to the hardship imposed on the individual landowners; (7) the recommendations of a permanent or professional planning staff; and (8) the conformance of the requested change to the city's master or comprehensive plan. See Golden, 224 Kan. at 598.
"The local zoning authority, and not the court, has the right to prescribe, change, or refuse to change zoning. The district court's power is limited to determining the lawfulness of the action taken and the reasonableness of such action." Board of Johnson County Comm'rs v. City of Olathe, 263 Kan. 667, Syl. ¶ 1, 952 P.2d 1302 (1998). "Reasonableness is a question of law to be determined on the facts. On appeal, we apply the same standard as the trial court. [Citation omitted.]" Rodrock Enterprises, L.P. v. City of Olathe, 28 Kan. App. 2d 860, 863, 21 P.3d 598, rev. denied 271 Kan. 1037 (2001).
Initially, we recognize that City is not following the recommendation of the MAPC. However, this is not per se arbitrary. The court in Houston v. Board of City Commissioners, 218 Kan. 323, 330, 543 P.2d 1010 (1975), addressed this very argument:
"Their second argument on arbitrariness is that the city commission was per se arbitrary in rejecting the recommendation of the planning commission. The argument misconceives the respective roles of the two bodies.
'[T]he function of the planning commission is advisory only, its authority being limited to a study of the facts and submission of its recommendations to the governing body wherein authority to take final action lies.' (Burke & McCaffrey, Inc. v. City of Merriam, 198 Kan. 325, 327, 424 P.2d 483.)"
Gump contends the findings adopted by City are without support in the record which exposes its findings regarding the "aesthetics" or "visual impact" to a high degree of suspicion as to the existence of an adequate basis for such a finding. Gump argues City established rules for cellular towers in its master plan. Gump complied with all of the rules, the MAPC approved the application with conditions, and City denied the application because of neighborhood opposition to the tower appearance. Gump contends City cannot deny an application on aesthetics alone.
The district court has cut to the essence of this case–City's determination was based solely upon the visual impact and aesthetics of the proposed stealth tower. The court found City was entitled under the law to make this determination and Gump had not proven the unreasonableness of the denial of the conditional use permit. The court also found City had taken into account the benefit or harm involved to the community at large and had exercised its discretion to make a decision on that basis that was not so wide of the mark that it was outside the realm of fair debate. We agree.
City had to balance the benefits and the harms to all parties involved and come to a resolution of the case. The master plan contemplates this type of harm/benefit analysis by requiring approval by conditional use permit of telecommunication towers that extend over 85 feet in height.
While no case is directly on point, several cases addressed by the parties provide valuable assistance on the aesthetics factor in zoning appeals. In Houston, 218 Kan. 323, the court considered a zoning change from light commercial to multiple family. In opposition to the change, the plaintiffs argued that preserving the character of the neighborhood was not a legitimate purpose of a zoning ordinance because the result was aesthetic and not related to the public welfare. In ultimately holding that preserving the residential character of the neighborhood was a legitimate purpose of the zoning ordinance, the Houston court stated:
"It does plaintiffs no good to characterize the purpose here as 'aesthetic.' As long ago as 1923 we recognized in a zoning case that '[t]here is an aesthetic and cultural side of municipal development which may be fostered within reasonable limitations. [Citations omitted.] Such legislation is merely a liberalized application of the general welfare purposes of state and federal constitutions.' (Ware v. City of Wichita, 113 Kan. 153, 157, 214 Pac. 99.) Along the same lines, in upholding an urban renewal project the United States Supreme Court commented on the 'public welfare' aspect of the police power:
'. . . The concept of the public welfare is broad and inclusive. See Day-Brite Lighting, Inc. v. Missouri, 342 U.S. 421, 424, 96 L. Ed. 469, 72 S. Ct. 405. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.' (Berman v. Parker, 348 U.S. 26, 33, 99 L. Ed. 27, 75 S. Ct. 98.
And see Village of Belle Terre v. Boraas, 416 U.S. 1, 39 L. Ed. 2d 797, 94 S. Ct. 1536, where the Court upheld an ordinance zoning an entire village for single family dwellings. In so doing the Court observed: ' . . . The police power is not confined to elimination of filth, stench, and unhealthy places. It is ample to lay out zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary for people.' (Id. p. 9.)
"The zoning here, of course, is not 'aesthetic' in the sense that it purports to control the appearance of plaintiffs' property. The objective sought is the exclusion of commercial uses from a residential area. Any 'aesthetic' effect is purely incidental and entirely permissible. See Anno., Zoning-Aesthetic Considerations, 21 A.L.R.3d 1222." 218 Kan. at 329.
In Robert L. Reike Bldg. Co. v. City of Overland Park, 232 Kan. 634, 657 P.2d 1121 (1983), the court upheld an ordinance regulating attention attracting devices, such as searchlights, on property located within the city. In concluding that the zoning regulations were valid and constitutional and fell within the police power of the city, the court stated:
"The evidence in this case includes the testimony of several expert witnesses to the effect that the maintenance and operation of searchlights on a regular basis would have measurable adverse impact on the valuation and marketability of nearby residential properties. Although the courts have not been in complete accord in the past, the current trend of the decisions is to permit regulation for aesthetic reasons. See Metromedia, Inc. v. San Diego, 453 U.S. 490, 101 S. Ct. 2882, 69 L.Ed.2d 800." 232 Kan. at 642-43.
In Blockbuster Video, Inc. v. City of Overland Park, 24 Kan. App. 2d 358, 948 P.2d 179 (1997), the court relied on both Houston and Rieke in holding that the city had the power to enforce zoning regulations concerning types of awnings based on aesthetics. The Blockbuster court stated: "There is an aesthetic and cultural side of municipal development which can be fostered within reasonable limits; regulation of redevelopment or new development is permitted for aesthetic reasons. K.S.A. 12-755." 24 Kan. App. 2d 358, Syl. ¶ 2.
Gump argues City's decision in this case was pure subjectivity. Gump maintains pure subjectivity is what distinguishes the case at bar from Houston, Rieke, and Blockbuster where there were objective reasons as well. Gump submits that because of the inherently subjective nature of a decision based solely upon appearance, the court must impose some type of objective standard by which the court can determine the reasonableness of the decision or have sufficient other objective reasons to support the action of the governing body.
City argues that even if the application meets all the technical requirements in the master plan concerning a telecommunications structure, it is still a quasi-judicial decision of MAPC and City concerning the impact of the structure on the neighborhood and community. City argues that we are not to reweigh the evidence pursuant to the Golden factors, but review whether its findings were reasonable. City contends that while a party may dispute its judgment on the Golden factors, it is clear that City considered the evidence presented and made its decision. City states that it does not have to make the best decision, only a reasonable one.
This case does not present the garden variety of zoning appeals where the granting or denial of a zoning request has a public health, safety, and welfare facet to it. As indicated by the district court, the aesthetics or the visual appearance of this tower is at the heart of whether to allow construction of a stealth flagpole to house the telecommunication equipment. This aesthetical consideration permeates nearly all of City's reasons for denying the conditional use application.
We also find there is public opposition to this conditional use permit. Neighborhood objections are not legally sufficient to deny use, or even conditional uses, of land. However, it remains a consideration in the ultimate decision. "Zoning is not to be based upon a plebiscite of the neighbors, and although their wishes are to be considered, the final ruling is to be governed by consideration of the benefit or harm involved to the community at large." Waterstradt v. Board of Commissioners, 203 Kan. 317, Syl. ¶ 3, 454 P.2d 445 (1969).
City decided that the proposed stealth flagpole was incompatible and inconsistent with the area. There were no other flagpoles of that size, and extensive beautification efforts had been made in the area. We agree with the district court that City had taken into account the benefit or harm involved to the community at large and had exercised it discretion to make a decision on that basis that was not so wide of the mark that it was outside the realm of fair debate. While we may or may not fully agree with City, it is the body in charge of the aesthetical considerations of the community and the character of its neighborhoods. We do not find City has breeched the Blockbuster standard of "an aesthetic and cultural side of municipal development which can be fostered within reasonable limits." 24 Kan. App. 2d 358, Syl. ¶ 2.
While aesthetic considerations may not be as precise as more technical measures and must be carefully reviewed to assure that they are not just a vague justification for arbitrary and capricious decisions, they may be considered as a basis for zoning rulings.
Gump next makes a rather brief argument that the district court erred in holding that substantial evidence existed under the Telecommunications Act of 1996 (Act) to support the denial of the conditional used application.
The Act gives ultimate authority to local governing bodies. See 47 U.S.C. § 332(c)(7)(B) (2000); Cellular Telephone v. Zoning Bd. of Adjustment, 197 F.3d 64, 68 (3d Cir. 1999) (The Act expressly preserves local zoning authority over the placement, construction, and modification of personal wireless service facilities.). The Act also provides that denials of a request to place, construct, or modify personal wireless service facilities must be "supported by substantial evidence contained in a written record." 47 U.S.C. § 332(c)(7)(B)(iii).
Gump simply cites the Act and various case law for the argument that even in the federal regulations for the telecommunication industry, decisions of the governing body must be supported by substantial evidence. Gump argues the only evidence in the record to support City's decision was the fact that a number of area residents had stated that the stealth tower would not look good in the neighborhood. Gump surmises that if all it takes in a zoning case is for neighbors to state that they object to the appearance of the proposed structure, then no applicant can ever be successful in challenging a zoning decision.
City argues the district court applied the correct review of City's denial of the conditional use permit. The court determined: "The City has taken into account the benefit or harm involved to the community at large, and has exercised a decision on that basis that is not so wide of the mark that its unreasonableness is outside the realm of fair debate." City states the court's standard is not too far afoot from the substantial evidence standard applied in Broken Arrow, 340 F.3d at 1133:
"'Substantial evidence is such evidence that a reasonable mind might accept as adequate to support the conclusion reached by the [decisionmaker]. Substantial evidence requires more than a scintilla but less than a preponderance.' Sandoval v. Aetna Life & Casualty Ins. Co., 967 F.2d 377, 382 (10th Cir.1992) (internal quotation marks omitted). 'The possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence.' Curtis, Inc. v. I.C.C., 662 F.2d 680, 685 (10th Cir.1981)."
City argues there has been no allegation that the denial of the application will prevent Gump or Cricket from serving the community. City argues there is sufficient evidence as previously explained to affirm both the decision of City and the court under the Golden factors and under the Act.
As stated in our previous analysis, we find there is substantial evidence to support City's denial of Gump's conditional use application, although reasonable persons might have found otherwise.
Last, Gump argues City denied it an open hearing when it considered the district court's remand order in executive session. Gump states that it is highly unlikely that notice and an opportunity to be heard would have swayed the City to reach different findings, but nevertheless it is insufficient to allow the council to proceed in executive session without notice under the guise that the matter involves litigation.
Gump cites Tri-County Concerned Citizens, Inc. v. Board of Harper County Comm'rs, 32 Kan. App. 2d 1168, 95 P.3d 1012 (2004), not for its similar fact pattern, but for a general statement that due process must be provided in quasi-judicial functions of zoning decisions. In a quasi-judicial proceeding, it is incumbent upon the authority to comply with the requirements of due process in its proceedings. Thus, the proceedings must be fair, open, and impartial. A denial of due process renders the resulting decision void. See Suburban Medical Center v. Olathe Community Hosp., 226 Kan. 320, 330-32, 597 P.2d 654 (1979).
In Houston, 218 Kan. at 330-31, the court addressed due process concerns in a situation where both a planning commission and a governing body are involved.
"Complaint is also made of the city's procedure in adopting zoning ordinances. The city commission's policy is that public hearings on zoning matters are to be conducted by the planning commission as provided by statute. An additional public hearing before the city commission is not conducted unless a party alleges either that the planning commission hearing was unfair or that there are new facts or new evidence.
"In this case plaintiffs were afforded a hearing before the city commission, at which counsel, Mrs. Fiedler, Mr. Houston and Mr. Luinstra were all heard. The record shows, in fact, that both counsel and Mr. Houston were allowed additional time to present their arguments to the city commission. Under these circumstances their complaint really is that they were heard as a matter of grace and not of right. Such a complaint is purely academic, since they were in no way prejudiced by the city's procedure.
"But even if the city commission had not heard them they would have no valid grounds for complaint. There is no allegation that the city did not strictly comply with the procedure set forth in K.S.A. 1974 Supp. 12-708. The required notice was given, and two full and complete hearings were held by the planning commission, at which plaintiffs appeared in person or by counsel. The substance of the arguments pro and con was recorded, and a complete record of the proceedings was certified to the governing body on each occasion. There is nothing in the statute requiring the city commission to rehear the matters which were presented to the planning commission, nor are we cited any authority which would impose such a requirement as a matter of constitutional law.
"A contention similar to plaintiffs' was made in Tulsa Rock Co. v. Board of Cty. Com'rs of Rogers Cty., Okl. App., 531 P.2d 351 (1974). There a full hearing was held by the planning commission but the city commissioners' meeting at which the zoning ordinance was adopted was held without notice and no hearing was held by that body. As here, the city commission reversed the recommendation of the planning commission. The court gave short shrift to the landowner's procedural complaint, observing, 'The law does not require that the Board (of city commissioners) duplicate the Planning Commission hearing; it provides for a hearing by the Planning Commission, and such a hearing was in fact held and resulted in recommendations which were sent to the defendant Board and considered by it.' (P. 357.)
"So in this case, under its policy the city commission stands ready to hear anything new, but declines to rehear evidence or arguments which have already been presented. We find nothing objectionable in such a procedure." 218 Kan. at 331.
Gump raises no argument that it was denied due process, including all the proceedings before MAPC, except for the fact that City held an executive session to discuss the district court's remand order. City directs the court to its policy that it does not hold public hearings concerning any zoning or other planning items on which MAPC has already held an official public hearing.
It is not settled law what process was due Gump on the remand. In Board of Lincoln County Comm'rs v. Berner, 5 Kan. App. 2d 104, 613 P.2d 676 (1980), the court stated: "In view of the holding in Houston, we conclude that notice and hearing are not required by due process for the meeting in which the plan is adopted by the planning board, provided there was notice and a public hearing prior to the said meeting of adoption."
In the instant case, the district court did not order City to hold additional hearings or take additional evidence. The court's direction was clear: "Because this 'finding' [No. 10] may have a material impact on the Court's ultimate decision in this matter, the Court directs the [City] to clarify the factual underpinnings of their finding."
Gump does not dispute that it was able to present City additional evidence, in the form of the district court transcript, for City's deliberations in executive session. There is no evidence City would not have examined any additional evidence Gump would have submitted as well. After deliberations in executive sessions, City took up the remand order on its agenda on September14, 2004, and made additional findings as directed by the court. We find no violation of due process concerning City's actions on the court's remand order.
We find support for our overall decision in Omnipoint Communications v. White Plains, 430 F.3d 259 (2d Cir. 2005), which has similar facts. We do not find the cited case of Sprint PCS Assets, L.L.C. v. City of La Canada, 435 F.3d 993 (9th Cir. 2006), to be of assistance as the applicable state laws placed extreme limitations on the use of aesthetic consideration in cases involving the approval of telecommunications antennas.


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Buzzer Beaters: Top Sports Stories for January 23
In today's big sports news: Roger Goodell tries to make amends with the city that despises him, we reach the semifinals of tennis's first grand slam, a multiplayer NBA trade, and hockey fights!
The NFL lifted the yearlong suspension of Saints head coach Sean Payton, just prior to the Super Bowl, which is being held in New Orleans next Sunday, February 3. Nevertheless, commissioner Roger Goodell can likely expect a chilly reception in the Crescent City. [N.Y. Times]
The semifinals of the Australian Open, tennis's first grand-slam tournament of the year, are halfway set. On the men's side, top seed Novak Djokovic and fourth-seeded David Ferrer advanced. On the women's side, second seed Maria Sharapova and sixth-seeded Li Na will meet Thursday. [Yahoo]
The Memphis Grizzlies and Cleveland Cavaliers agreed to a five-player trade, which will send Memphis's center Marreese Speights, guard Wayne Ellington, guard Josh Selby and a future first-round draft pick to the Cavs for forward Jon Leuer. [ESPN]
Finally, hockey is back! The fighting, at least. While the league-wide gameplay struggles to reach top form following the four-month lockout, players are dropping the gloves at a very fast pace. [Sports Illustrated]
And last, in a freakish accident, a prop light fell from the ceiling directly onto the back of a wrestler this past weekend in South Dakota. [ESPN 99.1]


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The Netherlands was the first country in the EU to reach an agreement among all stakeholders on the implementation of co-existence. Despite this, critics of genetically modified crops are dissatisfied with the agreement.
Co-existence regulation is based on an agreement of all stakeholders. The van Dijk committee, named after its chairman, came up with an agreement among conventional and organic farmers, seed producers, and consumers on practical measures for co-existence in the Netherlands. The goal was to minimise admixing of GM crops at the farm level, thereby ensuring freedom of choice for farmers and consumers.
The Main Board of Arable Crops has set up regulations for co-existence based on the Coexistence Agreement:
Farmers wishing to grow GM crops must notify their neighbours before February 1st. This is also the deadline for informing the public registery. Similarly, farmers intending to produce GM-free crops must inform their GM-cultivating neighbours.
Farmers must comply with prescribed codes of conduct. At all stages of cultivation, suitable measures must be taken to avoid the admixing GM and GM-free crops. These include thoroughly cleaning machinery, maintaining separation distances, and implementing segregated storage and transport.
Minimum separation distances have been set for potatoes, sugar beet, and maize. For GM fields adjacent to conventional fields, the separation distances are 3 metres for potatoes, 1.5 metres for sugar beet, and 25 metres for maize. If the GM field is adjacent to a field with a certified GM-free crop (as is the case for organic farming), the minimum separation distances increase to 10 metres for potatoes, 3 metres for sugar beet, and 250 metres for maize.
If proposed codes of practice for co-existence are upheld, the chances of admixing and subsequent economic losses are considered remote. A grower who does not adhere to the co-existence measures may be held liable under the Dutch Civil Law for losses due to adventitious presence of GM material – but only if the damage is provable and can be linked to an individual GM farmer. Agricultural producers upholding codes of conduct cannot be held liable if losses occur nonetheless. In that case, a public fund will compensate for losses. Such a fund will be established for each crop. The fund is expected to be set up at the end of 2008.
In July 2008, the partners of the Dutch Co-existence Agreement agreed on the fund. The fund:
Different sources will contribute to the fund. Costs for equipment will be compensated by the product boards and costs for potato and maize will be compensated by private companies. Who cover costs for sugar beet has not been decided yet.
Compliance is enforced by including co-existence measures in certified Good Agricultural Gap schemes. Farmers who do not observe co-existence measures may be reproached and even fined by the Main Board of Arable Crops.
Monitoring will focus on companies marked 'unsafe' after risk analysis in order to prevent admixture further on down the chain. A separate process will be set up for that.


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Rhinestone Pokeball Bra is Making Our Pokeman Stiff
Sure to be loved by all Pokeman fans and hated by women who actually want to wear a comfortable bra -- the Rhinestone Pokeball Bra is now available on Etsy.
Covered entirely in rhinestones, this Pokeball bra comes with removable straps so ladies can wear it underneath ball gowns. It's made to order in any size and padding level. The bra is a steal for just $6 which makes us wonder about the authenticity of the materials. Real rhinestones must go for at least $7.
It's hand wash and dry only, so don't try sticking it in the wash with your Teenage Mutant Ninja Turtles thong or Super Mario Spanx.


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Welcome! At Web Hosting Review Boards, we are dedicated to providing you with an accurate, up-to-date directory of web hosting companies in the USA.
If you find a web host which is not listed in our database, please contact our review team and we will get to work reviewing it immediately.
I also ask that you please leave a comment, tweet, like and share our hard work on the additional content like tutorials, development roundups, code snippets and more.
How A Bad Web Hosting Company Gave Me Abs (or IBS?)
Am I the only one whose abs stay fully tensed up every second my website is down?
Hosting your website with an unreliable web hosting company is a gut-wrenching experience…
My Web Hosting Horror Story:
Once upon a time, VPS.net's Salt Lake City cloud went down.
My site was offline for several days. They lost most of my data due to hardware failure. Rinse and repeat.
I began obsessing over finding the best hosting companies, and Web Hosting Review Boards was born.
I learned about SSH, sFTp, cloud hosting, and my favorite: Multiple failover servers with rsync running every hour to update the backups of my main site. Actually, daily website backup is one of the reasons I liked iPage and BlueHost, you can find more about such useful features by visiting various ipage reviews sites & blue host reviews sites, since they both have that built in, for example.
What Type Of Hosting Is Best? Let's Review The Big 3
The main types of web hosting are Shared, VPS, Dedicated and Cloud. A good example of shared hosting would be Google Web Hosting. Let's determine which hosting is right for you:
Shared Web Hosting – Best For New Bloggers And Businesses
Shared hosting is usually the cheapest type of web hosting. Unlike with VPS or Dedicated hosting, your website is on the same server as hundreds of other sites. In addition, you usually share the same IP address with them too, which is generally not advisable for SEO – not a quality indicator for Google's quality algorithm.
Because you're sharing one server with many other websites, shared hosting companies manage that risk by automatically throttling your site's speed and resource usage. That means "unlimited hosting" is never truly unlimited. But, this isn't a bad thing for newbie webmasters. Most websites never come close to the limits and therefore, for many people, shared hosting is an effective, affordable choice.
VPS Web Hosting – For More Experienced Webmasters With $$$ On The Line
WebHostingBreak is hosted on the VPS cloud at Steadfast.net. I also use Varnish Cache to speed up the site massively. Back in 2008, shared hosting was fine, but the site has grown so large that I wanted 100% control over everything, including the server.
Virtual Private Server (VPS) hosting is like having a dedicated server, but again you're sharing resources with other people, across many servers.
Dedicated Server Hosting – Special Cases (I recommend cloud hosting instead)
Dedicated servers are the most expensive web hosting option. You would be buying an actual computer in their datacenter. This used to be the ultimate in performance and reliability, since you have total control and ownership of the server – it's not shared with any other customers.
Dedicated servers are quickly being replaced by the cloud. Cloud hosting is a cost effective way to achieve high performance and reliability. The other advantage is scalability, since you can adjust your resources on the fly.


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We want to send it to you, along with other pricing insights.
We will not spam you, and will never sell your email. You may unsubscribe at any time.
See used Ford F-250 listings in your area.Used Listings
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Moby Dick is one of those books that I have been scared to read. I don't know why, but I think mainly the size of it and what I have heard about it, have made me not want to read it. But then I read The Art of Fielding by Chad Harbach which used Melville's works as a basis for the symbology in the book. It made me intrigued…
Then in late 2012, I saw the Moby Dick Big Read advertised – this was a program that saw each chapter of Moby Dick recorded by a different narrator and made available online for free (yes, free…). While the initial big read started in October 2012, I didn't find out about it until after then, so decided to start my own read/listen of it on January 1, 2013.
If anyone is interested in reading/listening along, feel free to join in. We are going to use the study guide found HERE for discussion points, so the break down will be as follows:
Part 1 – Chapters 1-21 – Discussion questions to be posted around 20/21 January
Part 2 – Chapters 22-42 – Discussion questions to be posted around 10/11 February
Part 3 – Chapters 43-65 – Discussion questions to be posted around 5/6 March
Part 4 – Chapters 66-86 – Discussion questions to be posted around 26/27 March
Part 5 – Chapters 87-135 (end) – Discussion questions to be posted around 14/15 April
Hope to see you here – you are in for a whale of a tale (yes, a very bad pun, I know!) – sign-up below if you want to join in – I'm not savvy enough to figure out how to do a linky widget 😉


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InformationWeek is part of the Informa Tech Division of Informa PLC
This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.
Network Appliance Offerings Aim To Simplify Storage Management Servers and software are designed to let customers use network-attached storage and SANs in the same environment.
Home Depot Finally Building A Warehouse The home-products retailer sees it as advantageous to let others pioneer IT.
Hurwitz Group Closing Debt pulled the noted small consulting firm down.
SAP Snags Former Siebel Exec Bill McDermott takes over as CEO of SAP America, which is looking to become a dominant CRM player.
BlueArc Aims To Shake Up Storage Hardware and software are designed to help customers add users, not servers.
New Wrigley Flavor: SAP Gum manufacturer looks to mySAP.com to bring order to business processes
Pinpoint Control Tiny chips may revolutionize all areas of supply-chain management
Teradata Merges Databases On One Track Improved software lets warehouses answer tactical and strategic queries
IT Confidential: Reasons To Stay Awake At Night Why can't Catherine Zeta-Jones just leave the technology to us?
LINUX Blade Servers May Cut In On UNIX At AOL Online-service division tests IBM BladeCenter systems for routing Web traffic
Close The Tech-Talk Gap Mercury's products quantify IT metrics for business managers
Langa Letter: To Sleep, Perchance To Hibernate... Fred Langa sorts out your PC's sleep, standby, suspend, and hibernate modes, and also explains how choosing the right power state saves you money.
Red Hat Puts Friendlier Face On Linux Update to open-source operating system offers improved interface and productivity apps.
MIT Classes On The Cheap Getting an MIT degree is still impossible online, but content from dozens of courses is now available for free on the Internet.
Priorities: Optimizing Business Processes And IT Systems Increasing efficiency to shrink operating costs reflects three priorities: improving customer service, processes, and productivity
Process For Publicizing Software Flaws Discussed A new group has been formed to find a way to report security flaws in ways that don't make matters worse.
Speeding HR Interactions New software would integrate CRM and HR-management apps.
Teradata Debuts Upgrade Teradata 7.0 is designed to bridge the gap between IT used for strategic and tactical business intelligence.
Tape Vendor Solves The Document Mess With Software ADIC offering can help manage storage networks that have both hard disks and tape storage.
Ex-WorldCom Controller Pleads Guilty Conviction is first for federal prosecutors in multimillion-dollar accounting scandal.
Manugistics To Shrink Workforce After Losses Grow Supply-chain software vendor will cut staff by as much as 12% to try to return to profitability.
Lawson Reports Lower Revenue And Earnings, Sets Layoffs ERP vendor to cut 12% of workforce.
Cognos' Net Income Nearly Doubles In Second Quarter Sales increase and better operating economies fuel earnings jump.
Microsoft FrontPage Susceptible To Major Security Flaws Critical flaw in FrontPage server extensions lets attackers seize control of Web servers or crash the system
Nokia Unveils 3G Phone Handset includes camera for viewing and editing video clips.
Microsoft Shows Off The Office Of The Future Software company opens Center For Information Work to demonstrate technologies it's researching and others that are still in the imagination stage.
Corel Hopes New Application Will Help Stem Losses Corel readies graphics-collaboration app for Tablet PC; software vendor also reports big third-quarter loss.
Cyberattacks Reach All-Time High Attacks on Web sites have reached record levels this month, according to digital risk-management company mi2g.
HP To Cut Another 1,800 Jobs Company cites continuing weakness in the economy and efforts to assimilate Compaq.
EMC Buys Prisa Networks High-end storage vendor continues to expand its reach in market.
RFID Chips Get Cheaper Five-cent RFID chip could lead to next supply-chain revolution.
Fall Conference: Tech Managers Struggle To Show Value Of Security Convincing companies to invest in security is easier after last Sept. 11, but still takes work.
A Ray Of Light And An Action Plan Panel members agree IT recession is lifting and the time is right to fund innovation.
Fall Conference: Technology And Branding No Longer Strangers Marketer and futurist Jim Taylor says technology executives must learn to articulate their value proposition in new ways in order to create enduring brands.
Dell To Get Into Printers PC maker will battle HP.


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St. Patrick's Day Funny Accessories
10 Wilder Ways to Celebrate St. Patrick's Day
10 Wilder Ways to Celebrate St. Patrick's Day
While you can opt for a sophisticated St. Patrick's Day, there are some who'd rather choose a blow-out, green-beer-guzzling good time. With the latter comes everything sparkly, green hair, and look-at-me beauty accessories. See where I'm headed with this? Check out a few over-the-top ideas to add that extra special touch to your St. Patrick's Day reverie.
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Judge Michael W. Mosman
September 2012: Average Prison Sentence
District Court - Oregon
Referring Agency: Department of Alcohol, Tobacco & Firearms
Program Area: Weapons
For all cases disposed of in the current fiscal year (2012) that were credited to Judge Michael W. Mosman in the District of Oregon, the average prison sentence was 38.0 months, when looking only at cases referred by the Department of Alcohol, Tobacco & Firearms falling under the broad category of "Weapons". This number is 2.3% lower than the average prison sentence for all the District of Oregon matters disposed in the same period. At the same time, the judge's average prison sentence was 44.5% lower than the typical 2012 sentence for the nation as a whole. During the current fiscal year, Judge Michael W. Mosman has sentenced 14 defendants compared with 3 defendants during the twelve months of the previous fiscal year.
Focusing on a five-year period, the average prison sentence imposed on defendants that were credited to Judge Mosman was 51.1 months. This was 17.2% lower than the 61.7 months typical in Oregon and 29.3% lower than the 72.3 months average prison sentence for the nation. Judge Michael W. Mosman sentenced 43 defendants during the past five years.
(CAUTION: The kinds of cases handled by individual judges influences statistical information about their sentences. It therefore is important to consider the breakdown of cases that each has handled, available below, when making judge-by-judge comparisons.)
Figure 1 compares Judge Mosman's numbers to those for judges in this district and in the United States as a whole for cases of this type over the last five years.
During the last five years there were 10 other judges in the District of Oregon with information on convictions during that period. Average prison sentence numbers passed down for those judges ranged from 33.4 months to 173.5 months, putting Judge Mosman's average prison sentence of 51.1 months at the higher end of the range. The average prison sentence for the whole District of Oregon during that time was 61.7 months.
Professional Biography
Born 1956 in Eugene, OR
Federal Judicial Service
Judge, U. S. District Court, District of Oregon
Nominated by George W. Bush on May 8, 2003, to a seat vacated by Robert E. Jones; Confirmed by the Senate on September 25, 2003, and received commission on September 26, 2003.
Ricks College, A.B., 1979
Utah State University, B.S., 1981
Brigham Young University, J. Reuben Clark Law School, J.D., 1984
Professional Career:
Law clerk, Hon. Malcolm Wilkey, U.S. Court of Appeals for the District of Columbia Circuit, 1984-1985
Private practice, 1985
Law clerk, Justice Lewis F. Powell, Supreme Court of the United States, 1985-1986
Private practice, Portland, Oregon, 1986-1988
Assistant U.S. attorney, District of Oregon, 1988-2001
U.S. Attorney for the District of Oregon, 2001-2003
Lead Charges in Cases Handled
The lead charge with the most cases disposed of by Judge Michael W. Mosman for the past five years was "18 USC 922 - Firearms; Unlawful acts". It accounted for 86.0% of all cases.
Other lead charges with substantial numbers of cases that were disposed by Judge Michael W. Mosman over the past five years were: "18 USC 1951 - Hobbs Act" (7.0%).
Lead Charge Judge District US 18 USC 922 - Firearms; Unlawful acts 86.0% 92.8% 84.2% More 18 USC 1951 - Hobbs Act 7.0% 1.1% 1.3% 18 USC 2 - Aiding and Abetting 2.3% 0.4% 0.0% 21 USC 841 - Drug Abuse Prevention & Control-Prohibited acts A 2.3% 0.4% 2.4% 26 USC 5861 - Tax on Making Firearms - Prohibited acts 2.3% 2.2% 2.6%
Table 2: Composition of Cases for the Past Five Years (Top 10)
Number of Defendants in Judge Michael W. Mosman's Cases
Case Def. Sentence (Months) Sentencing Date Program Category 1 1 27.00 09/06/12 Weapons-Operation Triggerlock Major Details 2 1 42.00 09/05/12 Weapons-Operation Triggerlock Major Details 3 1 78.00 08/30/12 Weapons-Operation Triggerlock Major Details 4 1 24.00 07/23/12 Weapons-Operation Triggerlock Major Details 5 1 8.00 07/20/12 Weapons-Operation Triggerlock Major Details 6 1 57.00 06/21/12 Weapons-Operation Triggerlock Major Details 4 3 51.00 05/07/12 Weapons-Operation Triggerlock Major Details 7 1 70.00 04/30/12 Weapons-Operation Triggerlock Major Details 8 1 85.00 04/09/12 Weapons-Operation Triggerlock Major Details 9 1 3.00 01/12/12 Weapons-Operation Triggerlock Major Details 10 1 27.00 11/14/11 Weapons-Operation Triggerlock Major Details 11 1 24.00 11/14/11 Weapons-Operation Triggerlock Major Details 4 2 24.00 11/14/11 Weapons-Operation Triggerlock Major Details 12 1 12.00 10/03/11 Weapons-Operation Triggerlock Major Details
Table 3: Individual Cases and Defendants Disposed of in Current Fiscal Year


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Tatts pays $427m to run SA lotteries
TATTS has won the operating rights for South Australia's lottery and keno service for the next 40 years at a cost of $427 million, giving it an almost clean sweep of the lotteries business in Australia.
Tatts said the deal would lift lottery earnings before interest, tax, depreciation and amortisation to more than $300 million in the year to June 2014, up from $224 million last year, and would immediately lift earnings per share.
"It continues our track record of securing higher-margin lottery franchises with longer-term arrangements," said departing chief executive Dick McIlwain.
The lotteries business will be the company's biggest earner after the loss of its poker machine duopoly in Victoria in August. Tatts now operates every state and territory lottery apart from Western Australia, which is still run by the state government.
Tatts said the Queensland and New South Wales lotteries would double its EBITDA within four years of taking over these businesses, and expects the acquisition of the South Australian lottery to ''produce broadly similar outcomes''.
''The company's strategy of consolidating state-owned and Tatts' lottery operations continues to drive significant operating efficiencies and benefits from a single lottery operating system,'' said chairman Harry Boon.
South Australian Treasurer Jack Snelling said the Tatts group had paid substantially more than the government's $400 million reserve price for the licence to run lottery and keno services from December 10, 2012.
Mr Snelling said while the government would forgo the annual $20 million dividend paid by Lotteries SA, it would still get about $60 million in gambling taxes each year from the sale of lottery products.
Mr McIlwain steps down at the end of the year and will be replaced by Wotif chief Robbie Cooke.