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No. 88,249
d/b/a BRADFORD POINTE APARTMENTS,
1. A trial court has the discretion to hear arguments by the parties in a civil trial after the jury has begun deliberations in order to preserve the record on appeal.
2. Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable
3. In ruling on a motion for directed verdict, the court is required to resolve all facts and inferences to be drawn from the evidence in favor of the party against whom the ruling is sought and, where reasonable minds could reach different conclusions based on the evidence, the motion must be denied and the matter submitted to the jury. This rule must also be applied when appellate review is sought on a motion for directed verdict.
4. A trial court is required to properly instruct the jury on a party's theory of the case.
5. When reviewing challenges to jury instructions, this court is required to consider all the instructions together, read as a whole, and not to isolate any one instruction. If the instructions properly and fairly state the law as applied to the facts of the case, and a jury could not reasonably have been misled by them, the instructions do not constitute reversible error even if they are in some way erroneous.
6. Under the facts and circumstances of this case, the trial court did not err (1) in conducting arguments after submitting the case to the jury; (2) in denying the defendant's motion for directed verdict; and (3) in failing to give an Agnew v. Dillons, Inc., 16 Kan. App. 2d 298, 822 P.2d 1049 (1991), instruction to the jury.
Appeal from Johnson District Court; LARRY MCCLAIN, judge. Opinion filed July 18, 2003. Affirmed.
Mike O'Neal, of Gilliland & Hayes, P.A., of Hutchinson, for appellant.
Daniel J. Strausbaugh, of Strausbaugh & Tongier, L.L.C., of Overland Park, for appellee.
Before KNUDSON, P.J., BEIER and MALONE, JJ.
MALONE, J.: Bradford Pointe Apartments, Inc. (BPA) appeals the trial court's denial of its motion for directed verdict and the refusal to give BPA's requested jury instruction. This is a slip and fall case tried to a jury. The issue is whether the rule of law in Agnew v. Dillons, Inc., 16 Kan. App. 2d 298, 822 P.2d 1049 (1991), as applied to the facts of this case, required a directed verdict for the defendant, or at least required the court to give the defendant's requested jury instruction.
BPA leases luxury apartments in Olathe, Kansas. It advertised itself as being "the ultimate living experience" and "Kansas City's finest gated and fenced apartment complex." Base rent is listed as $1,150 per month, with various amenities offered at higher rates. Arrangements for snow and ice removal are not included in the lease agreement. However, BPA distributed a bulletin and a letter to all residents prior to the winter of 1998. The headline on the bulletin read, "Let it Snow." The bulletin and letter assured the tenants that BPA would put salt down whenever needed in order to treat icy conditions.
On Sunday, December 20, 1998, George Worley slipped and fell after exiting his apartment at the BPA complex. On the day of the fall, the weather station at Johnson County Executive Airport reported that temperatures were below freezing all day. The weather station also reported that a freezing drizzle began to fall in Olathe at 9:53 a.m. Worley testified that he noticed a light rain or sleet had been falling "on and off" throughout the day. However, Worley claimed that it was not sleeting when he left his apartment at 3 p.m.
However, when Worley exited his apartment he immediately noticed that it had previously been sleeting and the sidewalk was icy. Worley acknowledged that he slipped on the icy sidewalk and sustained injury. No other explanation for Worley's fall was provided at trial.
Victor Howard, who was visiting his girlfriend, Melissa Hall, at BPA, witnessed Worley's fall and testified that freezing drizzle had been falling from 9:30 a.m. that day. Howard noticed that the sidewalks and parking lot had become "very slick" by 10:30 a.m. Furthermore, Howard testified that Hall made at least three phone calls to the apartment complex to report the ice. Hall never received a response or actually talked with a BPA employee, but she testified that she left at least four messages regarding the icy conditions throughout the day.
Eileen Finch, a leasing consultant at BPA, rebutted the testimony of Howard and Hall when she testified that no ice was accumulating at BPA during the afternoon hours of December 20, 1998. She testified that the weather conditions were not bad while she was at work from 12 p.m. to 5 p.m. that day. She also testified that she received no phone calls from tenants asking for treatment of snow or ice.
Rick Oddo, the president of BPA, testified that only a drizzle was falling during the afternoon hours of December 20, 1998. Oddo also testified that the surface conditions were fine when he drove through the complex during the late afternoon. However, at around 5:30 p.m., Oddo acknowledged that a car slid on the ice and crashed into pillars near the front entrance of the complex.
The streets of BPA were not salted or sanded until 5:45 p.m. on December 20, 1998. BPA did not begin salting the sidewalks on the premises until the next day.
Robert Rohman, who had 32 years of snow and ice removal experience, testified as an expert witness for Worley. Rohman testified that it was not his practice to wait for a storm to conclude before treating icy conditions. However, he also stated that, depending upon the amount of precipitation falling, there is no guarantee that a treated area will remain free of ice 2 hours after an application is made.
At the start of trial, a list of admissions made by BPA was read to the jury. These admissions included the following:
"It is admitted by the defense that ice removal was included as a part of the services provided to tenants at Bradford Pointe Apartments.
"It is admitted that the cost of removing ice is a part of the rent paid by the tenants at Bradford Pointe Apartments.
. . . .
"It is admitted that the owners of Bradford Pointe Apartments expected if a call came in from a tenant during the day on a Sunday requesting treatment of ice on sidewalks and driveways, that there would be a response within an hour."
Furthermore, BPA admitted that if a request for treatment of ice went unresponded to for 2 hours, it would be against BPA policy. BPA acknowledged other uncontroverted facts in its reply brief filed for a summary judgment motion, including the following statement:
"6. It is uncontroverted that it was the practice of Bradford Pointe Apartments to salt the streets at the first sign of snow or ice and continue as needed."
In BPA's summary judgment motion, it argued that the doctrine expressed by this court in Agnew required a finding of no fault for BPA as a matter of law. Specifically, BPA argued that the "winter storm" doctrine, as expressed in Agnew, allows BPA to wait until the conclusion of a winter storm and a "reasonable time thereafter" before the failure to remove ice from outdoor surfaces could be considered a breach of duty. The trial court determined that fact issues precluded summary judgment and denied the motion.
At the conclusion of the evidence at trial, BPA moved for a directed verdict or judgment as a matter of law on the same issue addressed in the summary judgment motion. In the alternative, BPA submitted a proposed instruction to explain to the jury the law of the Agnew case. The trial court denied BPA's motion and also failed to include BPA's proposed jury instruction. Pressed for time, the trial court did not give the parties an opportunity to argue the motion and the instructions until after the jury was deliberating. Once the parties were allowed to make arguments for the record, the trial court stated that it denied BPA's requests because, after hearing the evidence, it believed the case was not an Agnew case. The court reasoned that the evidence presented an intermittent storm rather than a continuous storm.
The jury returned a verdict finding BPA to be 51% at fault and Worley to be 49% at fault. BPA timely appeals from the journal entry of judgment.
BPA first claims that the trial court erred when it decided to schedule arguments on the motion for directed verdict and proposed jury instructions after the jury had already begun deliberations. A trial court has the discretion to hear arguments after the jury has begun deliberations in order to preserve the record on appeal. Graham v. Loper Electric Co., 192 Kan. 558, Syl. ¶ 3, 389 P.2d 750 (1964). Judicial discretion is abused when judicial action is arbitrary, fanciful, or unreasonable. State v. Lumley. 266 Kan. 939, 950, 976 P.2d 486 (1999).
BPA acknowledges that the motion for directed verdict was essentially a continuation of the earlier summary judgment motion addressing the law of Agnew. Therefore, the trial court was well aware of the legal issue and had previously decided that the facts of the case did not support a verdict for BPA as a matter of law. It is unclear how BPA was prejudiced by the trial court's decision to postpone arguments until after the jury began deliberations. Had the trial court decided to change its mind and grant a directed verdict based on Agnew, it certainly could have made that decision regardless of the jury's deliberations.
BPA also argues that it was error to deny it the opportunity to make an argument regarding its proposed Agnew instruction prior to the jury's deliberations. However, the court made it clear that it would allow BPA to make a record of its objection after the jury was given the case, and it would consider the objection to have been given in a timely fashion. At no time was BPA in jeopardy of being prevented from preserving the record.
Worley correctly cites this court to Graham, 192 Kan. 558, Syl. ¶ 3, where it was held: "[T]he trial court did not err . . . in delaying the making of a record of objections to instructions until after the jury was charged, nor in the instructions given." BPA attempts to distinguish Graham by claiming that the legal issues in that case had been argued numerous times, while in the present case, "there had been no prior discussion or argument regarding defendant's proposed Agnew v. Dillons instruction." Although the instruction had not been previously argued, the legal principle of Agnew and its application to the facts of the case had been argued within BPA's summary judgment motion which was denied by the court. The arguments regarding Agnew were well known to the court by the close of evidence. Furthermore, the trial court stated that it had reviewed the proposed instruction and had decided it did not apply.
BPA's only support for its position comes from Dickinson v. Beal, 10 Kan. App. 233, 62 Pac. 724 (1900). In Dickinson, the court held that parties have a right to be heard on questions of law even where a judge has a well-defined opinion on the subject. However, in the present case, the court did not refuse to hear BPA's argument on the instruction; the court only delayed argument until the jury was deliberating.
In summary, BPA was not prejudiced by the decision of the trial court to postpone arguments until after the jury began deliberations. At no time was BPA in jeopardy of being prevented from preserving the record. The trial court did not abuse its discretion by its procedure.
Next, BPA challenges the trial court's refusal to direct a verdict in its favor at the close of evidence.
"In ruling on a motion for directed verdict . . ., the court is required to resolve all facts and inferences to be drawn from the evidence in favor of the party against whom the ruling is sought and, where reasonable minds could reach different conclusions based on the evidence, the motion must be denied and the matter submitted to the jury. This rule must also be applied when appellate review is sought on a motion for directed verdict. [Citation omitted.]" Reeves v. Carlson, 266 Kan. 310, 313, 969 P.2d 252 (1998).
As in the summary judgment motion, BPA argues that the "winter storm" doctrine as expressed in Agnew relieves BPA from any liability for Worley's fall as a matter of law. In Agnew, an ice storm was in progress and ice was accumulating in front of a Dillons grocery store at the time plaintiff entered the store. The plaintiff was exiting Dillons when he slipped on a mat leading into the store. The trial court granted a directed verdict in favor of Dillons on the issue of liability. On review, the Kansas Court of Appeals held:
"A business proprietor, absent unusual circumstances, may await the end of a winter storm and a reasonable time thereafter to remove ice and snow from outdoor entrance walks, platforms, or steps because it is impractical to take action earlier." 16 Kan. App. 2d 298, Syl. ¶ 2.
The Agnew court reasoned that requiring a business proprietor to continually expend effort during a winter storm to remove precipitation from outdoor surfaces would essentially be a requirement to insure the safety of invitees and is a burden which is beyond that of ordinary care. Interestingly, the Agnew court remanded the case for a new trial due to the trial court's failure to allow evidence of the lack of a handrail at the Dillons' entrance.
The Kansas Supreme Court adopted the Agnew "winter storm" doctrine in Jones v. Hansen, 254 Kan. 499, Syl. ¶ 5, 867 P.2d 303 (1994). The court ruled that Agnew is supported by sound public policy and applied the doctrine to licensees and invitees alike. 254 Kan. at 510-11.
Although Agnew is clearly the law in Kansas, there are numerous factual differences which distinguish this case from Agnew. This case involves a tenant slipping in a common area of his residential apartment complex rather than a customer slipping in front of a retail grocery store. This distinction alone is not controlling as Agnew may apply to a landlord-tenant relationship under certain circumstances. However, BPA made numerous promises and representations to its tenants affecting the duty owed by BPA to its tenants during inclement weather. BPA voluntarily assumed the duty to provide fast and effective ice removal to its tenants and used this as a selling point for its apartments. It admitted that the cost of the snow and ice removal was a part of the rent paid by tenants. BPA also admitted that it expected ice to be treated by its maintenance crew within 1 hour of receiving a phone call from a tenant. BPA distributed a bulletin and a letter assuring all tenants that BPA would apply salt whenever needed in order to treat icy conditions.
Furthermore, the nature and extent of the "storm" in this case was called into question by several witnesses. BPA's own witnesses testified that the storm might not have even started at the time of Worley's fall. Oddo testified that it was only drizzling and the surface conditions at BPA were fine when he drove through the complex in the late afternoon. Finch testified that the weather conditions were not bad other than a little fog and drizzling rain while she was at work from 12 p.m. to 5 p.m. In Agnew, it was undisputed that a "winter storm" had actually begun at the time of the fall.
Therefore, the trial court was presented with conflicting testimony regarding the weather conditions as well as evidence tending to show that BPA had voluntarily assumed a responsibility for clearing ice and snow even while a storm was in progress. This case was much different than Agnew. There were significant factual disputes on the issue of fault. At the close of the evidence, and resolving all facts and inferences in favor of Worley, the trial court could not have granted BPA's motion for directed verdict.
Finally, BPA argues that the trial court erred in failing to provide an "Agnew instruction" to the jury.
A trial court is required to properly instruct the jury on a party's theory of the case. Wood v. Groh, 269 Kan. 420, 423, 7 P.3d 1163 (2000). When reviewing challenges to jury instructions, this court is required to consider all the instructions together, read as a whole, and not to isolate any one instruction. If the instructions properly and fairly state the law as applied to the facts of the case, and a jury could not reasonably have been misled by them, the instructions do not constitute reversible error even if they are in some way erroneous. State v. Mitchell, 269 Kan. 349, 355, 7 P.3d 1135 (2000).
BPA argues that PIK Civ. 3d 126.31 should have been modified to incorporate the holding from Agnew. The instruction given to the jury reads:
"A landlord who leases parts of its premises to different tenants and expressly or impliedly reserves other parts thereof, such as entrances and walks, for the common use of different tenants, has a duty to exercise ordinary care to keep in a safe condition such reserved parts for use in the manner and for the purpose intended."
The jury was also instructed:
"Negligence is the lack of ordinary care. It is the failure of a person to do something that an ordinary person would do, or the act of a person in doing something that an ordinary person would not do, measured by all the circumstances then existing."
BPA's purposed instruction read:
"Absent unusual circumstances, a landlord does not breach the duty of ordinary care owed to tenants to keep premises in a reasonably safe condition by not removing accumulated precipitation from exterior surfaces during a winter storm and a reasonable time thereafter."
As discussed, there are numerous factual differences between Agnew and the present case. Ultimately, the jury here was instructed to apply the "ordinary care" standard to the evidence presented in the case. BPA acknowledges that it was allowed to argue its version of the facts to the jury. It was permitted to argue that due to the circumstances of the ongoing storm, it was unreasonable to expect BPA to salt the sidewalks until a reasonable time thereafter. The jury was allowed to consider this argument in determining whether BPA exercised ordinary care under the circumstances.
Given the factual differences between the present case and Agnew, it does not appear that the trial court abused its discretion when it refused to give BPA's proposed instruction. The instruction which was given fairly and accurately stated the law as it applies to landlord-tenant relationships. The trial court could have given an instruction to the jury concerning the legal principle of Agnew. However, we do not believe the trial court committed reversible error by failing to give such an instruction in this case.
Finally, even if the trial court should have given an Agnew instruction, we question whether BPA's proposed instruction was sufficient. To instruct the jury to determine the meaning of "absent unusual circumstances," without any further guidance or explanation, possibly would have been more confusing than helpful for the jury.


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With the Federal Communications Commission under a court directive to take some meaningful action about the problem of bird-slaying wireless towers, top wireless association representatives are meeting with the agency to sort out how new towers can be authorized. On Thursday reps from PCIA-The Wireless Infrastructure Association and several member companies met with the FCC to "encourage prompt action." The meeting followed a much larger gathering last month that included the National Association of Broadcasters, CTIA-The Wireless Association, and PCIA.
The groups, which call themselves the "Infrastructure Coalition," also urged the agency to "move quickly" on the issue. But, not surprisingly, they want the FCC to comply as narrowly as possible with national species protection rules.
Death by night
As Ars Technica has reported, after years of "kicking [the problem] down the road," an appellate court in February ordered the FCC to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) by setting up some guidelines to protect migrating birds that crash into wireless towers at night. Critics charge that the Fish and Wildlife Service's claim that as many as four or five million birds may die in this fashion is unfounded, but recent research suggests that even if the actual number is smaller, the dilemma is real.
The court told the FCC to determine "how it will provide notice of pending tower applications that will ensure meaningful public involvement in implementing NEPA procedures." In other words, tower construction applicants are going to have to show that their proposed structures don't hurt birds, or provide details of how they plan to protect them.
The wireless industry's latest filings and discussions with the FCC focus on proposals made by Crown Castle, which runs about 24,000 communications towers in the United States. Crown, like the rest of the wireless industry, says that the evidence of migrating bird mortality due to wireless towers is fragmented and incomplete. In fact, the company's latest filing argues that the rate may have declined.
Nonetheless, recognizing that the courts have ruled, Crown makes three recommendations for authorizing new wireless towers.
Defining "significance"
Crown argues that, since the court stipulated that these transmitters may have had a "significant environmental impact," the FCC should ask for an environment assessment only on those towers that might pose a "significant" problem. The Commission therefore should confer with the Fish and Wildlife Service, antenna operators, and environmental groups to set up a "nationwide programming agreement establishing by consensus the criteria that must be present" to trigger an environmental assessment.
This proposal will probably meet with at least some sympathy from environmentalists, more so than Crown's second recommendation, which suggests that environmentally related notices of proposed new towers should be published in a local newspaper rather than on the FCC's web site.
"We believe that such notice will effectuate the goals of NEPA as more people would be provided visibility to the notice in a newspaper and the notice will be relevant to the reader," Crown writes. "In contrast, it is unlikely that many individuals will research the FCC website on a daily basis to glean information concerning antenna structures proposed in their localities."
Probably so, but other gleaners will likely include conservation activists, including representatives of the groups who sued the FCC in the first place: the American Bird Conservancy and Forest Preservation Council.
Finally, Crown wants a shorter period of review for these assessments: no more than 21 days for the FCC to conclude that a new tower application will need an assessment, and no more than 30 days for public comment on the Commission's assessment of the tower.
Environmentalists and bird lovers will weigh in on these proposals and challenge some, but their detailed quality gives Ars hope that FCC movement on this problem is forthcoming.
Further reading:
- Crown Castle's comment on wireless transmitter applications

subset: commoncrawl


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Enda Dominicana is a non-governmental organization established in 1984 with the mission to accompany rural and urban communities in the implementation of activities that promote the proper use of the resources of the environment and human development. Enda Dominicana works with forest reforestation, agroforestry, recovery wooded area coverage, and other matters that support to fight against climate change.
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Economics and financial decision-making
In order to achieve ambitious national climate goals, the use of economic instruments such as crop and climate insurance, taxes, feed-in tariffs for renewable energy and other financial incentives are important enablers. The CTCN is collaborating with relevant stakeholders to support local entrepreneurs, small- and medium enterprises and larger businesses, as well as governmental decision-makers, in identifying these economic instruments. Furthermore the CTCN provides technical assistance for strengthening countries' capacity to access international financing for climate technology opportunities. Below you will find related publications, partners, CTCN technical assistance, technologies and other information for exploring this topic further.


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"Weave! Jump! Tunnel!"
"Weave! Jump! Tunnel!"
Kindergartner Alec Mitchell ran through the cafeteria to keep up with a therapy dog named Maggie, laughing and smiling as he yelled out commands.
His mom, Berni Mitchell of Galena, said this is the Alec she sees at home: confident and outgoing. She said he's been a little shy, however, around classmates at Johnnycake Corners Elementary School.
Mitchell brought her son to a session with therapy dogs trained by Agility Ability on Monday afternoon, March 24, to give him a little confidence boost.
"We thought this would be a good opportunity for him to have something to talk with his classmates about," she said.
Similarly, the Agility Ability program started with a mother looking for a way to help her child.
Berlin Township resident Connie Will said she got the idea for the program after she took her daughter, Avery, to visit a friend who trained dogs in agility. The friend called out to Avery, who has cognitive delays, and asked her to start running along the course to guide the dog.
"I'd never seen that type of pride and confidence and joy come from her before, ever," Will said. "When I saw that, I asked if anyone was doing this with special-needs kids."
Will said she was told there were dog agility programs for disabled adults and seniors, but no one was sure if anyone had tailored the sport to children with special needs. So she co-founded the nonprofit Agility Ability, quickly gathering a team of volunteer handlers in 2011.
She said the sport of agility already was established and just needed a few tweaks before it was ready for children.
"The dogs motivated the kids, and the kids wanted to be around the dogs," she said. "It really was an easy transition."
Will said it soon became clear to her that the program could be an effective tool for a variety of children -- from those on the autism spectrum to those with speech or anxiety issues. She said the program offers a variety of benefits, from confidence and self-esteem to exercise.
"This was something that got them up and running and playing and interactive," she said. "They were socializing with dogs and handlers and other kids."
At the school sessions, three or four students are paired with three or four dogs so neither group gets overwhelmed. Volunteer handlers help the children guide the dogs over and through obstacles such as hurdles, weave poles and tunnels.
Agility Ability co-founder Cindy Warren said the dogs the group takes to schools are "bomb-proof" dogs, meaning they are not upset by rough petting from students or the activity of other dogs.
All of the dogs are certified therapy dogs that also are trained in agility.
"They have to be very in tune with their handlers," Warren said.
Will said parents have told them that even children with motivation issues are excited to connect with their canine companions.
"Some are saying, 'Wake me up in the morning. ... Don't forget, Mommy, I want to go to Agility Ability,' " she said. "That's a great motivation for the parents because a lot of parents, including me, drag (their) child out of bed."
Mitchell said guiding the agility dogs through the obstacle course was a welcome break in the school day for her son.
"It's nice to just have that moment to (reflect) and feel that you've had that success for the day," she said.
Johnnycake Corners teacher Krista Hyme said Monday's session was Agility Ability's second at the school. She said the school has had a therapy-dog program for students struggling with reading for several years.
Hyme said a PTO fundraiser collected enough money for three Agility Ability sessions this school year and three next school year. She said she would not be surprised if interest in the program, and possibly the number of sessions, continues to grow.
"I think it's much like the reading dogs," she said. "It was really small to start with, but then word starts to spread."
Will said she hopes to take the program to other agility-training facilities in central Ohio and have them adopt it and share it with kids. She said her group also is looking for large buildings to rent for holding Agility Ability sessions throughout the region.
Currently, classes and individual sessions are held in the Agility and Rally for Fun!, or ARF, Dog Training Center on Morrison Road in Gahanna. Will said if other facility owners volunteered their space for the program, residents would not have to drive from all over Delaware and Franklin counties to Gahanna in taking their children to a session.
Agility Ability handlers have visited other Olentangy schools as well as Gahanna-Jefferson schools for special sessions, and are in talks to expand to other local districts, including Dublin schools.
Warren said she hopes the program continues to draw in volunteers and supporters so it can grow and reach more children. She said watching children grow in confidence around the dogs makes all the hard work worthwhile.
"It's kind of the magic of dogs," she said. "They can really bring out the best in people."
Parents or educators who want to learn how to get their children involved in the Agility Ability program may visit agilityability.org. Parents who would like to make a donation to support the program at Johnnycake Corners may call the school at 740-657-5650.


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Lymphedema Alert Bracelets
Dear OncoLink "Ask The Experts,"
I just read the inquiry about using a bracelet to alert caregivers about not using the surgical arm. For several years, I have been distributing alert bracelets to patients at our medical center. The bracelet we use is acceptable in the OR, whereas the National Lymphedema Network bracelet probably is not. They are also available in hot green for lower extremity cases. And best of all, they are FREE. My patients love them for the security they provide when they are not alert. Please tell your visitors about these!
Carolyn Vachani RN, MSN, AOCN, OncoLink's Nurse Educator, responds:
I'd be happy to share this information. Arm bands and alert bracelets are a great way to alert healthcare professionals to avoid using the arm for blood pressures, IVs, or blood draws. There are 2 products I know of, each with their own use.
The lymphedema alert band is produced by Peninsula Medical, the folks who make Reid compression sleeves, and is distributed free from their website (http://www.lymphedema.com/alertband.htm). They look like hospital ID bands, and as far as our operating room here at Hospital of University of Pennsylvania, these bands are allowed to be worn.
Now for the outpatient who is looking for something a bit more stylish, the National Lymphedema Network offers a more traditional, medic alert style bracelet for $18. They also offer fashionable beaded versions of the medic alert for $22. Note that our operating room would not allow either of these to be worn in the OR. These are also more likely to be overlooked by healthcare providers since they look like jewelry, but if they can serve as a reminder to the patient to remind the healthcare team, then they have served their purpose. These are both available on the National Lymphedema Network's website (http://www.lymphnet.org/). The website also features lymphedema alert necklaces for folks with lymphedema of the leg or a history of lymph node dissection of the groin.


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Kenneth Schuler
Kenneth Francis Schuler, 63, of Winfield died Aug. 26 at his home.
He was born Aug. 27, 1949, in Ransom to Lawrence Joseph and Erma (Dechant) Schuler. He graduated from Ness City High School in 1967 and later studied at Kansas State University and Wichita State University.
He joined the Air Force on Dec. 30, 1968, and was honorably discharged on July 25, 1972. He worked in the aviation industry and was a member of Grace United Methodist Church in Winfield.
He was preceded in death by an infant brother, Danny Lee Schuler.
He is survived by his brother, Gary Schuler of Marion; and two sisters, Jeanne Houser of Newton and Judy DeFord of Omaha, Neb.
Funeral services were Saturday in Winfield. Interment was in Highland Cemetery.
A memorial fund has been established with the church.


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Dallas Car Insurance Quotes provides a local service for those looking to get an car insurance quote. Our mission is to get you the lowest quote in the quickest amount of time. We achieve this by providing a service which can be accessed from anywhere in the world.
You can quickly and easily compare car insurance quotes in Dallas by using our website. Using our secure service you should have no trouble finding the lowest quotes available in your area (by zip code). Our job is put you in the driver's seat. We want you to take control and choose your own insurance policy. Our hassle free system will ensure you receive car insurance quotes in a timely fashion.
Our secondary goal is to provide you with up to date information on car insurance. You can visit our blog where we often post helpful articles about finding cheap car insurance quotes and rates.


text: Shelton Jackson Lee, better known as Spike Lee, is an Emmy Award-winning and Academy Award-nominated film director, producer, writer, and actor, whose movies often examine controversial social and political issues. Brooklyn is the backdrop for many of his films, which he labels as "A Spike Lee Joint." Do the Right Thing, Malcolm X, Mo' Better Blues, Jungle Fever are some of his better-known films.


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Anthony Chianese
Department/Office InformationChemistry
I grew up in Bethlehem, Connecticut, and went on to obtain a BA in 2001 from Drew University, conducting research with Barbara Petrack. After my graduate studies at Yale University under the direction of Robert Crabtree, I earned my PhD in chemistry in 2005. After one year as an NRC postdoctoral research associate with Mike Gagné, I accepted a position as Assistant Professor here at Colgate in 2006. I was promoted to Associate Professor in 2012.
My research is conducted through the Chianese group, in the Department of Chemistry, which focuses on the field of transition-metal homogeneous catalysis. In the Chianese group, undergraduate students learn techniques for organic and inorganic synthesis, including the handling of air-sensitive compounds. We rely on multinuclear NMR spectroscopy and X-ray crystallography to characterize new products, and students gain direct experience with these methods.
Many students in the group have had the opportunity to co-author publications in peer-reviewed journals.
Learn more about the Chianese group:
My publications on Google Scholar
Undergraduate co-authors are marked with an asterisk.
From the Chianese group at Colgate University:
- Knapp, S. M. M.; Shaner, S. E.; Kim, D.*; Shopov, D. Y.*; Tendler, J. A.*; Pudalov, D. M.*; Chianese, A. R.‡ "Mechanistic Studies of Alkene Isomerization Catalyzed by CCC-Pincer Complexes of Iridium," Organometallics, 2014, 33, 473-484. http://pubs.acs.org/doi/abs/10.1021/om400786r
- Chianese, A. R.;‡ Drance, M. J.*; Jensen, K. H.*; McCollom, S. P.*; Yusufova, N.*; Shaner, S. E.; Shopov, D. Y.*; Tendler, J. A.* "Acceptorless Alkane Dehydrogenation Catalyzed by Iridium CCC-Pincer Complexes," Organometallics, 2014, 33, 457-464. http://pubs.acs.org/doi/abs/10.1021/om4006577
- Chianese, A. R.‡; Shaner, S. E.; Tendler, J. A.*; Pudalov, D. M.*; Shopov, D. Y.*; Kim, D.*; Rogers, S. L.*; Mo, A.* "Iridium Complexes of Bulky CCC-Pincer N-Heterocyclic Carbene Ligands: Steric Control of Coordination Number and Catalytic Alkene Isomerization," Organometallics, 2012, 31, 7359-7367. http://pubs.acs.org/doi/abs/10.1021/om300468d
- Chianese, A. R.‡; Mo, A.*, Lampland, N. L.*, Swartz, R. L.*, and Bremer, P. T.* "Iridium Complexes of CCC-Pincer N-Heterocyclic Carbene Ligands: Synthesis and Catalytic C-H Functionalization," Organometallics, 2010, 29, 3019-3026. http://pubs.acs.org/doi/abs/10.1021/om100302g
- Chianese, A. R.‡; Rogers, S. L.*; Al-Gattas, H.* "Palladium-Catalyzed Synthesis of Carbazoles from N-(2-Halophenyl)-2,6-diisopropylphenylanilines via C–C Cleavage," Tetrahedron Lett., 2010, 51, 2241-2243. http://dx.doi.org/10.1016/j.tetlet.2010.02.098
- Yan, H.; Wong, C.*; Chianese, A. R.; Luo, J.; Wang, L.; Yin, J.; Zhong, C. J.‡ "Dendritic Arenethiol-Based Capping Strategy for Engineering Size and Surface Reactivity of Gold Nanoparticles," Chem. Mater., 2010, 22, 5918-5928. http://pubs.acs.org/doi/abs/10.1021/cm101979v
- Chianese, A. R.‡; Bremer, P. T.*; Wong, C.*; Reynes, R. J.* "Rigid, Sterically Diverse N-Heterocyclic Carbene-Pyridine Chelates: Synthesis, Mild Palladation, and Palladium-Catalyzed Allylic Substitution," Organometallics, 2009, 28, 5244-5252. http://pubs.acs.org/doi/abs/10.1021/om900554c
- Chianese, A. R.‡; Mo, A.*; Datta, D.* "Flexible, Bowl-Shaped N-Heterocyclic Carbene Ligands: Substrate Specificity in Iridium-Catalyzed Ketone Hydrosilylation," Organometallics, 2009, 28, 465-472. http://pubs.acs.org/doi/abs/10.1021/om800878m
Chianese's publications with the Gagné group (UNC):
- Chianese, A. R.‡; Lee, S. J.; Gagné, M. R. "Electrophilic Activation of Alkenes by Platinum(II): So Much More Than a Slow Version of Palladium(II)," Angew. Chem. Int. Ed., 2007, 46, 4042-4059; Angew. Chem., 2007, 119, 4118-4136. http://www3.interscience.wiley.com/cgi-bin/abstract/114250795/ABSTRACT
- Tarselli, M. A.; Chianese, A. R.; Gagné, M. R.‡ "Gold(I)-Catalyzed Asymmetric Cycloisomerization of Ene-allenes into Vinyl-cyclohexenes," Angew. Chem. Int. Ed., 2007, 6670-6673. http://www3.interscience.wiley.com/cgi-bin/abstract/114297603/ABSTRACT
Chianese's publications with the Crabtree group (Yale):
- Leung, C. H.; Chianese, A. R.; Crabtree, R. H.‡ "Complexation of N-Heterocyclic Carbenes (NHC) to Transition Metals by Transmetallation from Silver-NHC Complexes," Inorg. Synth., 2010, 35, 84-87.
- Voutchkova, A. M.; Appelhans, L. N.; Chianese, A. R.; Crabtree, R. H.‡ "Disubstituted Imidazolium-2-Carboxylates as Efficient Precursors to N-Heterocyclic Carbene Complexes of Ru, Rh, Ir and Pd," J. Am. Chem. Soc., 2005, 127, 17624-17625. http://pubs.acs.org/doi/abs/10.1021/ja056625k
- Li, X. W.; Chianese, A. R.; Vogel, T.; Crabtree, R. H.‡ "Stable Iridium Hydrides as Active Catalysts for Intramolecular Alkyne Hydroalkoxylation and Hydroamination," Organic Letters 2005, 7, 5437-5440. http://pubs.acs.org/doi/abs/10.1021/ol052186i
- Appelhans, L. N.; Zuccaccia, D.; Kovacevic, A.; Chianese, A. R.; Miecznikowski, J. R.; Macchioni, A.; Clot, E.; Eisenstein, O.‡; Crabtree, R. H.‡ "An Anion-Dependent Switch in Selectivity Results from a Change of C-H Activation Mechanism in the Reaction of an Imidazolium Salt With IrH5(PPh3)2," J. Am. Chem. Soc. 2005, 127, 16299-16311. http://pubs.acs.org/doi/abs/10.1021/ja055317j
- Chianese, A. R.; Crabtree, R. H.‡ "Axially Chiral Bidentate N-Heterocyclic Carbene Ligands Derived from BINAM: Rhodium and Iridium Complexes in Asymmetric Ketone Hydrosilylation," Organometallics 2005, 24, 4432-4436. http://pubs.acs.org/doi/abs/10.1021/om050323%2B
- Chianese, A. R.; Zeglis, B. M.; Crabtree, R. H.‡ "Unexpected Oxidative C-C Cleavage in the Metallation of 2-Substituted Imidazolium Salts to Give N-Heterocyclic Carbene Complexes," Chem. Commun. 2004, 2176-2177. http://www.rsc.org/Publishing/Journals/CC/article.asp?doi=b409672j
- Chianese, A. R.; Kovacevic, A.; Zeglis, B. M.; Faller, J. W.‡; Crabtree, R. H.‡ "Abnormal C5-Bound N-Heterocyclic Carbenes: Extremely Strong Electron Donor Ligands and their Iridium(I) and Iridium(III) Complexes," Organometallics 2004, 23, 2461-2468. http://pubs.acs.org/doi/abs/10.1021/om049903h
- Mata, J. A.; Chianese, A. R.; Miecznikowski, J. R.; Poyatos, M.; Peris, E.; Faller, J. W.‡; Crabtree, R. H.‡ "Reactivity Differences in the Syntheses of Chelating N-Heterocyclic Carbene Complexes of Rhodium are Ascribed to Ligand Anisotropy," Organometallics 2004, 23, 1253-1263. http://pubs.acs.org/doi/abs/10.1021/om034240%2B
- Chianese, A. R.; Crabtree, R. H.‡ "Pincer and Chelate N-Heterocyclic Carbene Complexes of Rh, Ir, and Pd: Synthetic Routes, Dynamics, Catalysis, Abnormal Binding, and Counterion Effects," In Activation and Functionalization of C-H Bonds; Goldberg, K. I., Goldman, A. S., Eds.; American Chemical Society: Washington, DC, 2004; Vol. 885, pp 169-183. http://rutchem.rutgers.edu/~agoldman/TOC_ACS_Symposium_Series_885.htm
- Chianese, A. R.; Li, X. W.; Janzen, M. C.; Faller, J. W.; Crabtree, R. H.‡ "Rhodium and Iridium Complexes of N-Heterocyclic Carbenes via Transmetalation: Structure and Dynamics," Organometallics 2003, 22, 1663-1667. http://pubs.acs.org/doi/abs/10.1021/om021029%2B
BA, Drew University, 2001; MS, PhD Yale University, 2005
- CHEM 101: General Chemistry I
- CHEM 102: General Chemistry II
- CHEM 212: Inorganic Chemistry
- CHEM 381: Practical Quantitative Analysis
- CHEM 387: Structure and Analysis: Small-Molecule X-Ray Crystallography
- CHEM 413: Molecular Symmetry and Group Theory
- CHEM 415: Organometallic Chemistry
- CORE 102/FSEM 122: Molecules, Energy, and the Environment
Inorganic chemistry, organic chemistry
Organometallic chemistry, homogeneous catalysis, reaction mechanisms


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Arizona requires that every motor vehicle operated on roadways be covered by one of the statutory forms of financial responsibility, more commonly called liability insurance, through a company that is authorized to do business in Arizona. This requirement also includes golf carts, motorcycles and mopeds.
Minimum levels of financial responsibility are
Law-enforcement officers will ask you for proof of insurance at the time of traffic stops or accidents. Insurance companies notify MVD of all policy cancellations, nonrenewals and new policies. If your insurance company sends MVD a notice that your policy is no longer active, we will send you an inquiry notice to verify insurance status.
Failure to maintain proper insurance could lead to the suspension of your vehicle registration and/or driver license. To reinstate these privileges, fees and future proof of financial responsibility must be filed with MVD. The future proof requirement is most commonly an SR22 form from an insurance company. This can be expensive to the vehicle owner, especially since the law requires the owner to carry the SR22 for three years from the date of suspension.
No. All vehicles registered in Arizona must be insured by a company licensed to do business in this state. Arizona residents who are out of state (including military personnel), however, may submit a De-Insured Certificate on a vehicle, on a short-term basis.
Insurance is required immediately, before driving the vehicle.
De-insurance is a method of temporarily not maintaining the required insurance on the vehicle until it is ready to be driven or placed on the road again. A de-insured vehicle will not be suspended due to lack of insurance unless it is driven on the roadways of this state. To de-insure your vehicle, complete the online De-Insured Certificate. Once you have submitted the form, the information will be entered onto the vehicle record, within two business days.
A suspension could have been generated for one of several reasons:
Complete a De-Insured Certificate form. Once restoration is complete, get proof of insurance, complete a nonuse certificate and apply for registration. We also recommend that you retain receipts showing parts purchased; they may be required to document the periods of nonuse.
State law requires that the insurance company and the owner submit proof of Arizona insurance within 30 days after initial registration. Insurance companies are also required to routinely notify MVD of all policy cancellations, renewals and new issuance.
You must provide proof of Arizona liability insurance that was in effect at the time of the suspension. Or, if that proof cannot be obtained, you must pay a $50 reinstatement fee and provide current proof of Arizona liability insurance.
Payment may be made by cash, cashier's check or money order. Some offices accept credit cards. Cash and credit card not accepted by mail. No personal checks accepted.
In some cases immediately, in others within 24 hours after receipt, provided the information submitted meets the requirements of the law. Also, you must ensure that the information is sent to the MVD representative with whom you spoke, to guarantee immediate reinstatement of plates and registration.
If you received a notice from us regarding your insurance, please follow the instructions on that notice or contact us. You may also go to any MVD or authorized third-party office.
If an accident occurred and proof of insurance was not available or was not valid, you may submit an Insurance Information Request along with a copy of the police report and a $3 fee. We will then release any insurance information on record for the date of the accident. If no information is available, you will be so advised. In that event, it may be in your best interest to file a civil suit with the Clerk of the Superior Court and obtain a judgment. You can then file the judgment with us, and we will suspend the individual's driving privileges until the judgment is satisfied with the court.
Yes, you will not be able to obtain a driver license in another state until your suspension is cleared in Arizona. It may also prevent you from obtaining vehicle insurance in that state.
Arizona Department of Transportation
Contact Us
Copyright © Arizona Department of Transportation – All rights reserved.


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Join thousands of Aussies changing the lives of winemakers.
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Tick this box to stay logged-in, so it's easier to rate, post, add to basket etc. Please note, you will still need to log-in to update account info and order, and we don't recommend using this feature on shared devices / computers.
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We currently support:
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Qlik Sense® Cloud
Get a free Qlik Sense Cloud Basic account and experience the power of the Qlik Associative Engine. Everything is ready to go so you can quickly combine uploaded data to analyze and collaborate with up to 5 others in a shared, secure environment. No time limits, no trial period, no catches.


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I came across the following sentence of the Time magazine's article (March 22) dealing with the gaffe made by Mitt Romney's adviser Eric Fehrnstrom who compared the frequent changes of Romney's rhetric to an Etch A Sketch as follows:
It's the type of meme that both conservatives and liberals gleefully participated in, because it's a much more light-hearted way to make the same argument about Romney — that he has no "core," as Rick Santorum would say — without describing him as some sort of a pink-slip happy Steve Carell or ruthless preprogrammed GOP-bot.
I also saw "Obama-bots" in the following quote from colesville.patch.com:
Does an extra $40 per paycheck (every two weeks) make a difference to you? ... Obama bots in the Senate killed the one year extension. The two month extension was a compromise agreed upon by the Senate GOP, Senate Dems and approved by Speaker Boehner.
I don't find the entry of bot in English Japanese dictionaries at hand. Cambridge online dictionary defines bot as
a computer program that automatically searches the internet for particular products, compares their prices, and often gives customers' opinions of their quality
and Oxford Dictionary defines it as
- the larva of the botfly, which is an internal parasite of horses.
- Australian/NZ informal: a person who persistently borrows or cadges from others.
However, neither seems to apply to Obama-bots or GOP-bots.
Is bot an abbreviation of a certain word? Is "Proper noun + bot" a new usage? What does it mean?


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HAVELOCK � With running back Derrell Scott limited with an injury, Havelock�s Taylor Woods had a feeling he might see a lot of work against Richlands on Friday night.
HAVELOCK � With running back Derrell Scott limited with an injury, Havelock�s Taylor Woods had a feeling he might see a lot of work against Richlands on Friday night.
Woods carried 23 times for 174 yards, scoring twice, as the banged-up Rams opened the Coastal 3A Conference with a 28-16 victory over Richlands at Havelock High.
�The coaches gave me a chance and gave me the ball,� Woods said. �But I have to give all the credit to the line.�
Scott, who injured his back against Northside the previous week, carried just three times for 10 yards in the first quarter before giving way to Woods.
�Derrell could have played if we really needed him to play,� Havelock coach Jim Bob Bryant said. �We knew we were going to give (Taylor) the ball.�
Woods broke a 7-7 tie with a 5-yard scoring run, and Dylan Baker�s extra point put the Rams (6-0, 1-0) ahead for good 14-7 with 10:24 left in the second quarter.
On Havelock�s next possession, quarterback Travis Sabdo went deep to Kyran Bowman for an 87-yard touchdown, giving the Rams a 21-7 advantage with 8:08 left in the second. Sabdo was 8 of 15 for 160 yards with an interception and two touchdowns.
�That was a back-breaker,� Richlands coach Justin Snider said of Havelock�s score. �It was a blown coverage, and we kind of fell of sleep and didn�t do what we were supposed to do. It happens playing against someone of that caliber.�
Havelock�s Anthony Fisher then recovered a muffed kickoff, and Woods went into the end zone from 35 yards out, lifting the Rams to a 28-7 lead with 7:46 left in the second. But those would be Havelock�s last points of the night.
�We�ve got a lot to work on, but overall, we did good,� Woods said. �We just have to do our jobs. We�ve got to work better and work harder.�
Richlands (3-3, 0-1) got a 40-yard field goal from Tolson Jeffrey to narrow the gap to 28-10 at halftime, and in the third quarter, Jamar Harrington dominated on a seven-minute touchdown drive, scoring from three yards out to cut the margin to 28-16 with 35 seconds left in the third quarter.
Harrington finished with 82 yards on 20 carries.
�I feel like we played really well,� Snider said. �They�re state champions for a reason. They have an excellent football team, and we�re trying to build a program in year one, and to play them to a 12-point game, I feel it�s an achievement.�
Havelock gained possession with just more than six minutes on the clock in the fourth quarter, and behind Woods and Matthew Boykin, ran out the clock for the victory.
�We just had to keep the clock running and stay in bounds,� Woods said. �Overall, we did a good job with that.�
The game marked the first meeting between the two teams in the new Coastal 3A Conference.
�This was our measuring stick, playing the defending champions, and you want to know where you�re at, and I feel like we had a good showing,� Snider said. �I feel like maybe we earned a little bit of respect, that we�re doing the right things and heading in the right direction.
�Considering we�re moving up to 3A and almost played toe-to-toe with the state champions, I feel like we�re on our way up.�
The top-ranked Rams totaled 428 yards, including 268 yards on the ground, but Bryant said Richlands proved a good test.
�We�ve got a long way to go,� Bryant said. �Richlands had a good game plan and played us really well. We�ve got some stuff we�ve got to fix on both sides of the ball. That�s why we play the game, to get better, and we�ll get better next week.�
Havelock is scheduled to host Jacksonville at 7 p.m. on Friday.
Richlands 7 3 6 0 -16
Havelock 7 21 0 0 -28
First Quarter
H � Taron Wallace, 26-yard pass from Travis Sabdo, Dylan Baker kick, 8:26
R � Jalen Dickerson, 61-yard run, Tolson Jeffrey kick, 5:54
Second Quarter
H � Taylor Woods, 5-yard run, Baker kick, 10:24
H � Kyran Bowman, 87-yard pass from Sabdo, Baker kick, 8:08
H � Woods, 35-yard run, Baker kick, 7:47
R � Jeffrey, 40-yard field goal, 4:00
Third Quarter
R � Jamar Harrington, 3-yard run, kick blocked, :35


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Despite the fact that Apple's Black Friday sale last week was a little bit of a yawner, it turns out that the company still did well over the weekend.
Kaufman Brothers analyst Shaw Wu noted today that foot traffic was high in Apple retail Stores on Friday, and that the iPod touch was completely sold out at Amazon.com. Goldman Sachs analyst David Bailey threw in his analysis as well, adding in a note that there were even lines outside of some Apple Stores after the early morning rush. "Checkout lines also seemed healthy throughout the day and Apple continues to take advantage of its 'instant checkout' throughout its Stores to speed purchases for Macs and iPods," Bailey wrote.
Piper Jaffray analyst Gene Munster said that, according to his checks, Apple sold an average of 13 Macs per hour on Friday—a huge increase from the two per hour he observed earlier in the month.
The news of Apple's apparent success comes just days after various analysts voiced their disappointment in Apple's Black Friday "deals." It was widely believed in the analyst community that Apple might be more aggressive this year than in the past because of the weak economy, but Apple stormed ahead with discounts in the five to 10 percent range—pretty much the same as usual. Apple's sales have been faring rather well compared to the industry as a whole, so deep discounts weren't as necessary as they may have been for other manufacturers.
Either way, it's unlikely to be a poor quarter for Apple, even if it's a little more muted than in years past. We look forward to hearing the final results.


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S&P Smallcap Low Vol Invesco ETF (XSLV) shares are being placed on chartists radar as the recent share price of 47.00 is pushed below the balance step moving average.
The balance step is a simple Moving Average calculated from last 5 Balance Points (MA/3),5) of the weekly period bar plotted in step formation on the daily chart. This chart is used to project 1 bar forward (one day). The weekly steps can be used to determine a near-term trend. When the price is above, this typically indicates a bullish trend. When the price is below the Balance Step, this generally spells a bearish trend.
There is no easy answer when attempting to address the tough question of how to best approach the equity market, especially when facing a turbulent investing climate. There are many different schools of thought when it comes to stock trading. Investors may have to first gauge their appetite for risk in order to build a solid platform on which to construct a legitimate strategy. The wealth of available information has made the road a bit smoother to travel for amateur investors. Making the transition to the next level is most likely on the minds of many dedicated investors. Tracking technicals and fundamentals may also help provide a roadmap to help separate the contenders from the pretenders. As we head into the second half of the year, it remains to be seen which way the market will lean. Investors may have to do all the necessary homework in order to find stocks that will thrive under any market conditions.
As company earnings reports continue to roll in, investors will be watching to see which companies hit their numbers for the last reporting period. Investors will also be watching which sectors are reporting the best earnings numbers. A positive overall earnings season could mean that the stock market could keep climbing. Many investors may be cautious with the market trading at current levels. Even though the gloom and doom prognosticators are out in full force, investors have to do the research and decide for themselves which way they believe the market will move in the next couple of months.
Investors may be taking a look at some additional technical numbers on shares of S&P Smallcap Low Vol Invesco ETF (XSLV) in order to get a fuller picture. The 14-day RSI is currently spotted at 41.36, the 7-day is at 35.98, and the 3-day is sitting at 24.81. The RSI, or Relative Strength Index, is a widely used technical momentum indicator that compares price movement over time. The RSI was created by J. Welles Wilder who was striving to measure whether or not a stock was overbought or oversold. The RSI may be useful for spotting abnormal price activity and volatility. The RSI oscillates on a scale from 0 to 100. The normal reading of a stock will fall in the range of 30 to 70. A reading over 70 would indicate that the stock is overbought, and possibly overvalued. A reading under 30 may indicate that the stock is oversold, and possibly undervalued.
In terms of CCI levels, S&P Smallcap Low Vol Invesco ETF (XSLV) currently has a 14-day Commodity Channel Index (CCI) of -104.20. Investors and traders may use this indicator to help spot price reversals, price extremes, and the strength of a trend. Many investors will use the CCI in conjunction with other indicators when evaluating a trade. The CCI may be used to spot if a stock is entering overbought (+100) and oversold (-100) territory. The 14-day ADX is 17.32. Many technical chart analysts believe that an ADX reading over 25 would suggest a strong trend. A level under 20 would indicate no trend, and a reading from 20-25 would suggest that there is no clear trend signal. The ADX is typically plotted along with two other directional movement indicator lines, the Plus Directional Indicator (+DI) and Minus Directional Indicator (-DI). Some analysts believe that the ADX is one of the best trend strength indicators available.
Investors may be studying other technical indicators like the Williams Percent Range or Williams %R. The Williams %R is a momentum indicator that helps measure oversold and overbought levels. This indicator compares the closing price of a stock in relation to the highs and lows over a certain time period. A common look back period is 14 days. S&P Smallcap Low Vol Invesco ETF (XSLV)'s Williams %R presently stands at -77.52. The Williams %R oscillates in a range from 0 to -100. A reading between 0 and -20 would indicate an overbought situation. A reading from -80 to -100 would indicate an oversold situation. Looking at some moving average levels on shares of S&P Smallcap Low Vol Invesco ETF (XSLV), the 200-day is at 46.80, the 50-day is 47.89, and the 7-day is sitting at 47.60. Moving averages can help identify trends and price reversals. They may also be used to help spot support and resistance levels. Moving averages are considered to be lagging indicators meaning that they confirm trends. A certain stock may be considered to be on an uptrend if trading above a moving average and the average is sloping upward. On the other side, a stock may be considered to be in a downtrend if trading below the moving average and sloping downward.
When undertaking stock analysis, investors might be searching for companies that are presently undervalued. Undervalued stocks may provide a higher chance of realizing big gains. Finding undervalued stocks that are high quality can be the biggest challenge for the investor. Many investors will dig into the numbers and look for companies that have been consistently making lots of money and performing well on the earnings front.
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SEXSTING to Make West Coast Premiere with Katselas Theatre, 2/23
Winning a Guthrie Theatre commission, and chosen for development by The Katselas Theatre Company's INKubator program, the West Coast Premiere of SEXSTING is the inaugural production for KTC's 2013 season. Opening at the popular Skylight Theatre Complex on February 23rd, the stellar cast includes Gregory Itzin (Tony, Drama Desk, and Emmy Award nominee), JD Cullum (Stones in His Pockets-Mark Taper Forum, Of Equal Measure-Kirk Douglas Theater), The Cripple of Inishmaan (Geffen Playhouse).
Based on true events: Predator or prey? Posing as a 14-year-old girl, an FBI agent goes online with unexpected results as seductions are being carefully plotted. Can a man be arrested for a fantasy, for an intention? Who draws the line between fantasy and crime?
DORIS BAIZLEY (Playwright) is a founding member of LA Theater Works. At the Mark Taper Forum she served as Dramaturge for the Other Voices Program and, for seven years, was resident playwright for the Taper's Improvisational Theater Project for young audiences. Currently, Doris leads a playwriting workshop at East West Players' David Henry Hwang Writers' Institute. The first incarnation of her play SEXSTING, written in collaboration with Oakland criminal defense attorney Susan Raffanti, won the 2004 Guthrie Theater/Playwrights' Center "Two-Headed Challenge" development grant and was produced by the Salt Lake City Acting Company in 2007. Selected plays include Mrs. California (CBS/Dramatists Guild Award), Catholic Girls, (LA Dramalogue Award), Tears Of Rage (recorded on L.A. Theatre Works' "The Play's the Thing" with Frances Conroy, Barbara Bain, Anthony Edwards and Ping Wu), Guns, a musical with music by Harry Aguado, which will be presented by KTC later this season. Daniel In Babylon, Agnes Smedley: Our American Friend, and an adaptation of Charles Dickens' A Christmas Carol have been performed at US regional theaters such as Alabama Shakespeare Festival, Cleveland Playhouse, Mark Taper Forum, National Theater of the Deaf, and internationally at the Semafor Theater in Prague and the Icon Theater in Taipei. Selected screenplays: Until She Talks (with Pamela Reed, directed by Mary Lampson, American Playhouse, 1984), nominated for Best American Playhouse Screenplay Land Of Little Rain (with Helen Hunt, directed by Evelyn Purcell, American Playhouse 1987), winner of Denver Center for the Performing Arts Best Western Screenplay.
SEXSTING opens February 23, 2013 and runs 8pm Fridays & Saturdays, and 7pm Sundays through April 14, 2013. The Skylab Theatre Complex is located at 1816 1/2 N. Vermont, LA, 90027. Tickets are ($30 - $34). Reservations: 702 KTC-TKTS (702-582-8587) or online at www.katselastheatre.com.
"The Guthrie Theatre and The Playwrights' Center in Minneapolis commissioned a play for collaboration between a playwright and someone from outside the theatre. The contest was called "The Two Headed Challenge," and SEXSTING won. Criminal defense attorney Susan Raffanti told me about an influx of FBI Internet sex sting cases she and her colleagues were handling and the description of these cases quickly led to discussions of identity, guilt, sexuality, and justice. Text and subtext, brought intrigue and legal dilemma. Through KTC's INKubator series, I was able to re-write and fully develop the piece around its essential conflict." - Playwright Doris Baizley
JIM HOLMES (Director) is a multi-award winning director (including Los Angeles Drama Critics Circle Award for his direction of Avenue A), whose work has been seen regionally and in New York, Off Broadway at the 29th Street Repertory Theatre. He spent seven seasons at the New Mexico Repertory Theatre, where he directed Brecht's Happy End and Shakespeare's Othello as well as playing a host of classical and contemporary roles, including the role of "Jerry" in the world premiere of Mark Medoff's Stumps. His film The Corndog Man, an independent feature, premiered at the Sundance Film Festival. Jim directed the short film Mystery Cave, which premiered at the Filmstock International Film Festival in England. Jim received his MFA from the California Institute of the Arts.
Gary Grossman (Producer/Artistic Director) started his career in New York at The Public Theatre, Café La Mama, and Sheraton Square Playhouse. He has produced over 300 stage plays, including more than 50 world premieres. Among his celebrated productions are Romeo and Juliet directed by Milton Katselas (3 LADCC Awards), Dylan (3 LADCC Awards), Dream Man, Lone Star, Balm In Gilead, Four, The Tenth Man, Visions and Lovers, Rabbit Hole, La Ronde De Lunch, Influence, and Mad Women. In addition to his work for the Katselas Theatre Company, Gary has produced for the prestigious Matrix Theatre Company, where he was associated with the celebrated productions The Homecoming, Endgame, and The Seagull. For television he co-produced Sadie and Son (CBS) and the sitcom pilot Man In The Kitchen (ABC). He is the Executive Producer for award-winning director Chuck Workman's documentary, The Actor's Life.
THE KATSELAS THEATRE COMPANY is widely respected for its history of developing artists (actors, musicians, writers, designers, and directors) while helping to create the next generation of theatre goers - thus its passion for new original plays that speak to today's audiences. In just the last two years, KTC has produced 12 World Premiere productions including INFLUENCE (2010 Los Angeles Drama Critic's Circle nomination for Best Actor and two LA Weekly nominations for Best Play and Best Production), HERMETICALLY SEALED (2011 Los Angeles Drama Critic's Circle nomination for Best Actress, an LA Weekly nomination for Best Ensemble and the LA Times List of top ten productions for 2011) and MAD WOMAN (2011Los Angeles Drama Critic's Circle nomination and an LA Weekly nomination for Best Solo Performance). KTC programs, (INKubator, SoloMojo, KTC Playwrights Lab, KTCKids, KTC Underground and NewVoices), its educational workshops - even its main stage productions are designed to help the artist find their unique voice and achieve their vision....and audiences love it! All by itself, in just two small theatres, KTC's monthly INKubator series (launched Jan 2011) has premiered new works-in-progress by more than forty Los Angeles writers ages 17 to 80 for over 1200 audience members. Adding audience "chats" and quarterly follow-ups with the artists to monitor their progress; the entire venture has been an unqualified success.
Gregory Itzin (Richard Roe) is a Tony Award and Drama Desk Award nominated actor for his role in the Pulitzer Prize winning play The Kentucky Cycle, and a two time Emmy nominee for his work on the television series 24, as Vice President Charles Logan, who became "President," by his second season on the show. He starred on Broadway as Kenneth Lay, in Enron and he is a member of the Matrix Theatre Company in Los Angeles, where credits incluce the award winning production of Waiting For Godot, The Homecoming, and The Birthday Party (he received a Los Angeles Drama Critics Circle Award for each). He appeared on stage as Louis de Rougemont in the world premiere of Donald Margulies' Shipwrecked! An Entertainment at South Coast Repertory, and subsequently revived at the Geffen Playhouse. Gregory is a member of Anteaus Theatre and was seen as the Earl of Kent in their production of King Lear, for which he received a Los Angeles Drama Critics Circle Award. Numerous screen credits include roles in Fear And Loathing In Las Vegas, I Know Who Killed Me, and Law Abiding Citizen with recurring roles on television series such as Friends, Murder One, Star Trek, NCIS, and The Mentalist. He currently has a recurring role on Covert Affairs.
JD CULLUM (John Doe) was recently seen in Absurd Person Singular at South Coast Repertory, and starred in Moliere's The Bungler Much, and Ado About Nothing (A Noise Within). Notable productions include Stones in His Pockets (Mark Taper Forum), Side Man (Pasadena Playhouse), Of Equal Measure (Kirk Douglas Theater), The Malcontent (Antaeus Company), The Foreigner (Odyssey Theater), The Cripple of Inishmaan (Geffen Playhouse), and Waiting for Godot (Matrix Theatre Company). He will soon be seen in The Lone Ranger, starring Johnny Depp. TV appearances include: The Mentalist, The Newsroom, The Event, Madmen, The Closer, Lie to Me, and Weeds. His voice can be heard on many video games, radio commercials and as the character "Mini" for Kellogg's Frosted Mini Wheats.
WOLFIE TRAUSCH (Jason/Tastygirl) was seen in Kathryn Graf's critically acclaimed (LA Times - CRITICS CHOICE) Hermetically Sealed. Other credits credits include the teen comedy film Barely Legal, the Russian Miniseries, Alien Persona, and the National Geographic movie Party Like an Emperor.
Additionally, featured performers include: Bonnie Brewster, Danielle Marie Gavaldon, Christian Lynons, and Carl Weintraub
DESIGN TEAM: Jeff McLaughlin (Set and Lighting Designer), Christopher Moscatiello (Sound Designer)


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Taxonomy and Floristics of the Neotropical Bignoniaceae
Lúcia G. Lomann & Charlotte M. Taylor
The Bignoniaceae specimens and other materials compiled by Alwyn Gentry comprise one of the significant specialist collections at MO. This Bignoniaceae Project presents some taxonomic information for this family together with other information in the TROPICOS database. This information mainly covers the Neotropical Bignoniaceae, with a major focus on the Bignonieae Tribe, which includes most of the lianas.
Alwyn H. Gentry (1945-1993) studied the Bignoniaceae, and in particular the Neotropical species, extensively in the field and the MO herbarium for several decades. He compiled the resources to present a monograph of the Neotropical species, and published part of this work before his untimely death. After his death some of his works-in-progress were finished by collaborators, and his data were organized and edited. These data are available at http://www.mobot.org/mobot/research/gentry/welcome.shtml.
Lúcia G. Lohmann subsequently studied the systematics and taxonomy of the Neotropical tribe Bignonieae, which includes most of the tropical liana species. She presented the first detailed molecular and morphological study of this group, which supported extensive changes in generic circumscriptions. This project provides an interactive guide to this new classification.
Note: For each scientific name listed on these Project pages, clicking on the name will lead to the Bignoniaceae Project data page; to then see the standard TROPICOS Name page data directly from the project page, go to the upper right of the screen to the menu "Choose Project", and click on "TROPICOS".
This web site is under ongoing construction.
We sincerely thank the William F. Froelich Foundation for financial support for data compilation, and Ms. Suzanne Hirth and Mr. Alan Rowlson for significant help with curation of the specimens and data for this project.
The content of this web page was last revised on 27 April 2015.
Taylor web page: http://www.mobot.org/MOBOT/Research/curators/taylor.shtml


text:
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An electrical job at the Orlando International Airport inspired one electrical contractor to launch his own home networking business.
Garry White, a project manager for Orlando, Fla.-based Kelly Electric, founded his own integration company, Total Home Automation Inc., after his team successfully moved the airport's communications center across the hallway while it was still in operation.
"It was the nerve center of the airport, so we couldn't take anything off line," White said. "It had to move seamlessly and was a very tough job. It took us two years to do it, but we pulled it off."
White, who worked as a commercial electrical contractor for 25 years including six years for NASA, said the home networking market offers contractors the opportunity to expand their business or start a new one.
"Electrical is static and hasn't changed in 20 years," he said. "This is an all-new emerging technology. It's exciting and fast-paced, which is why I want to be a part of it, diversify and be a one-stop shop."
Attention contractors: Do you know a contractor who does home networking? E-mail Amy Fischbach at [email protected].
Q&A with Garry White
Q: How did you get interested in starting up your own company?
A: Our company, like many other contractors, outsourced its voice/data work and fiber-optic systems. Being a project manager, the systems company always became the weak link in my project. I wanted to do the job right and get it done on time, but my systems guys often made me look bad. I wanted to learn the systems trade so I could understand the language and thus know when I was being fed incorrect information. While studying the various systems involved in a typical project, I became so fascinated with the industry, I decided to pursue a career as a systems contractor.
Q: You've been a commercial contractor for 25 years. Why do you want to break into the residential arena for your systems company?
A: I've dealt with commercial my whole life. In commercial, the owners hire engineering firms to monitor the installation and review changes to keep costs down. I feel as though the engineering firms are becoming increasingly difficult to deal with and unreasonable. Even if you do a good job, they fight you on every change and try to pick your work apart to justify the high fees they are charging the owner. After all, if the engineer is not out there making waves, the owner will begin to wonder why they are paying them in the first place. I have found residential to be based more on a close relationship with the customers. If you are professional and fair and do a good job, your work is appreciated and you are invited to do more work with them.
Q: What is it like for an electrical contractor to break into the business?
A: I find it very confusing and intimidating. Everybody has a different plan and is moving in different directions. There are no real established standards for many of the systems. You don't know who to align yourself with and who to keep away from. There is just a mosh pit of information out there.
Q: What tips would you give to other electrical contractors trying to start their own home networking company?
A: You need to be careful. Make sure that you get the right information and provide a very definite, professional face to your customers. Don't try to come in with just enough information to be dangerous. It's going to hurt the industry as a whole and give you a bad reputation. A couple of bad reps will take you years to overcome — if you can ever overcome them. My advice would be to make sure you know what you're talking about. Get the education first and go into it with a strong background. You need to understand your product and what you're giving your customer so you don't undersell or oversell your abilities.
Q: How do you drum up business?
A: I basically try to sell the builders. There's not a large cost difference between what they're putting in as standard now and what they should be putting in to "future proof" their homes. It's worth the value.
Q: What is the structured wiring market like in your community?
A: It's quickly emerging in central Florida. Many builders are already aware of the growing demand and are beginning to respond by incorporating structured cabling systems into their designs. Developers are also realizing the potential benefits of incorporating fiber infrastructures and intranets into their planned communities. Right now I am looking at a brand new community with a potential to build 4,800 homes. It's coming out of the ground soon and the developer is interested in a fiber-to-the-curb infrastructure that includes a structured cabling system within each home connected to it. We have partnered with a company that will provide the fiber infrastructure while we do all the inside house wiring. I'm really pumped about it.


text: NOTICE OF SPECIAL MEETING OF SAN FRANCISCO PUBLIC LIBRARY COMMISSION Date: Monday, December 6, 2004 Time: 8:00 a.m. or as soon as the meeting of the San Francisco Public Library Selection Committee, which is scheduled to begin at 8:00 a.m., ends or is cancelled. Place: Koret Auditorium, Main Library, lower level NOTE: If the Selection Committee cancels its meeting, the Library Commission meeting shall commence at 8:00 am or as soon thereafter as a quorum of the Commission shall be assembled. If the Selection committee meets, the Library Commission meeting will begin immediately after the conclusion of the Selection Committee meeting, but no earlier that 5:00 p.m. ACTION PUBLIC EMPLOYEE APPOINTMENT-City Librarian Open Session: Public Comment ( on all matters pertaining to the closed session item) Vote on whether to hold closed session pursuant to California Government Code Section 54957 (b) (1) and San Francisco Administrative Code Section 67.10 (b) - Personnel Matter-Public Employee appointment - City Librarian Closed Session: PUBLIC EMPLOYEE APPOINTMENT - CITY LIBRARIAN Discussion and possible action Reconvene in Open Session (The Selection Committee shall reconvene no earlier that 5:00 p.m. or as soon as there after as the closed session agenda is completed): a) Vote whether to disclose any or all discussions held in closed session (San Francisco Administrative Code Section 67.12(a)). b) Disclosure of action taken in closed session. 3. ADJOURNMENT - ACTION (motion and public comment required) M. Housh, Secretary. 11/19/04 Explanatory documents: Copies of listed explanatory documents are available as follows: (1) from the Commission Secretary/Custodian of Records, Main Library, 6th Floor, (2) in the rear of the Koret Auditorium immediately before and during the meeting, and (3)to the extent possible, on the Library's website at http://sfpl.org/. Additional materials not listed as explanatory documents on this agenda, if any, that are distributed to the Library Commissioners prior to or during the meeting in connection with any agenda item will be available to the public for inspection and copying in accordance with Government Code Section 54954.1 and Sunshine Ordinance §§ 67.9, 67.28(b)& 67.28(d).


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Hello Folks,
Centralé frequency has been incorrectly stated as 453.1750MHz ... that is Debenhams; 100% confirmed and definately not Centralé or part of shopwatch.
It used to be on 456.6750 [confirmed 1815 28012012] cctcs 179.9 .... c/s such as 'Kilo 2' but nothing heard lately.
Also, no idea for Whitgift Control ... is it still active?
Any ideas please?
Many thanks'


text:
The Aggro Crag
Do you have it?
Since my wife and I bit the bullet and decided to pay the extra five bucks a month to upgrade our digital cable, we've been watching more than an unhealthy amount of the Nickelodeon Games and Sports Channel, a low-budget cable network that's entire television lineup consists of Double Dare, Super Sloppy Double Dare, Family Double Dare, Finders Keepers, Legends of the Hidden Temple and GUTS. Watching close to five hours of GUTS a week has made me realize that the AGGRO-CRAG is the greatest thing ever constructed by human or alien technology.
The AGGRO-CRAG is located deep in the heart of Nickelodeon's EXTREME ARENA and represents the ultimate test of courage for kids ages twelve to fourteen not only across the country, but across the globe as well. The AGGRO-CRAG, or AGGRESSIVE ROCK, is a forty-foot tall mountain made up of spikes, steel girders, broken robot parts, volcanic rock and THE ESSENSE OF PURE EVIL. It could totally kill Frodo and Samwise and make Mount Doom it's bitch if it wanted to, and it would still have energy left to beat the crap out of pussy mountains like K2 and MOUNT ST. HELENS. If the AGGRO-CRAG were a real person, it would be a mix of Tony Hawk, The Big Show, a post-apocalyptic mutant cactus and a really awesome bloodthirsty PIRATE because it would be big, mean, irradiated and XTREME.
After the contestants on GUTS manage to get past the other pointless GUTS contests such as ROAD WARRIOR, ELASTIC BASKETBALL and THE SACK ATTACK, they face off in a race to the top of the most Radical Rock to ever grace Nickelodeon Studios. The climb to the top isn't easy though, as contestants face BIG GREEN FALLING ROCKS, WOBBLY FLOORS, SNOW STORMS, FALLING CONFETTI/GLITTER STUFF, and the dreaded NUCLEAR FLYING CRYSTALS, all the while being heckled by Florida Marlins jersey-wearing charisma vortex Mike O'Malley and his big-haired screeching Irish bird sidekick/sexual harrasment target Moira (or MOE, as he likes to call her). As if getting to the top isn't difficult enough, these kids have to hit seven ACTUATORS on the way up, otherwise the vicious man-eating CRAG TROLL at the top of the mountain bites off their arms and throws them off the cliff to their deaths so that Mike O'Malley can steal their WALLETS and Moe can feast on their souls. If all seven ACTUATORS are hit and the kid manages to scale the FIVE FOOT sheer cliff face and get to the top, they pound a final ACTUATOR and then collapse to the floor dead from exhaustion. At least they can die happy though, knowing that they had done the impossible and bested the most awesome mountain to ever be crafted by underpaid Nickelodeon stagehands.
"The MEGA-CRAG is MEGA: MEGA bad, MEGA tough, MEGA EVERYTHING"
- Mike O'Malley
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text:
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text:
Eczema is skin condition which can be identified by red dry looking flaky and cracked skin. It can affect various parts of the body and is often prevalent in the face and neck areas. The condition can be painful and irritating as well as causing confidence problems related to appearance anxiety.
The most common type of Eczema is called Atopic Eczema which tend to be a hereditary condition. It can affect people of all ages but more commonly affect children who grow out of the condition at an early age.
Eczema Treatments
The condition can be sporadic in its outbreaks, fairing up from time to time. It is thought that certain triggers cause these flare ups such as
■Certain Pollens
■Some Soaps
■Infection of the skin
■dust mites
■Animal hair or fur
■Certain types of abrasive clothing
Treatment involves the application of special moisturisers. Soap substitutes are also used to replace soap which can have a drying out effect on the skin