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No. 85,521
BRADLEY E. KINNARD and
K.S.A. 40-275 is analyzed and applied.
Appeal from Sedgwick District Court; MARK A. VINING, judge. Opinion filed June 15, 2001. Reversed.
Robert I. Cornwell and Kent J. Collins, of Wichita, for the appellant.
Kelly J. Rundell, assistant city attorney, and Gary E. Rebenstorf, city attorney, for the appellees.
Before PIERRON, P.J., MARQUARDT, J., and BUCHELE, S.J.
PIERRON, J.: In this personal injury/automobile accident case, Sandra Mast appeals the district court's ruling that her negligence action is barred by the statute of limitations. We reverse.
The facts are not in dispute. On March 16, 1998, Bradley Kinnard, an employee and driver of a City of Wichita (City) dump truck, changed lanes and collided with Mast's van. Mast suffered personal injuries and property damage. A little over a month after the accident, on April 24, 1998, the City paid $1,865 directly to Mast for damages to her van. In return for the payment, Mast executed a release form, releasing the City and its employees and officials from any further liability for property damage resulting from the accident.
On March 14, 2000, Mast mailed a claim for damages to the city clerk as required by K.S.A. 2000 Supp. 12-105b(d). On March 16, 2000, the same day the City received the claim, the City faxed a denial to Mast's attorney. Mast's attorney denied receiving the fax but stated he received a denial in the mail on March 20, 2000.
On March 23, 2000, Mast filed a petition in district court claiming over $75,000 in personal injuries due to the negligence of Kinnard and the City in causing the accident. The City filed a motion to dismiss and/or for judgment on the pleadings contending Mast's lawsuit was filed after the expiration of the statute of limitations. At the hearing on the motion to dismiss, the parties focused their arguments on the notice aspects of the Kansas Tort Claims Act and whether Mast timely filed her action after receiving the denial of the claim by the City. The parties did not argue over the commencement date of the statute of limitations. The district court granted the motion to dismiss, finding Mast had failed to timely file her cause of action after receiving notice of the denial of her claim.
Mast filed a motion to reconsider the district court's decision to dismiss her lawsuit. At the hearing on the motion, Mast argued her lawsuit was timely because the date of the accident, March 16, 1998, was not the proper date to commence the running of the 2-year statute of limitations. Mast argued the City's payment of her personal property damages was a payment under K.S.A. 40-275 and therefore tolled the running of the statute of limitations until April 24, 1998, the date of the payment. The district court held the City's payment did not fall within K.S.A. 40-275 and that Mast had filed her lawsuit outside the statute of limitations.
Mast argues the City's $1,865 payment to her on April 24, 1998, was a payment contemplated by K.S.A. 40-275 and, as a result, tolled the statute of limitations until that date. Therefore, she contends her negligence lawsuit filed on March 23, 2000, was timely.
The interpretation and application of a statute of limitations is a question of law. This court's review of conclusions of law is unlimited. Brown v. State, 261 Kan. 6, 8, 927 P.2d 938 (1996).
The statute of limitations for a cause of action based on negligence is 2 years. K.S.A. 2000 Supp. 60-513(a)(4). Normally, in a cause of action arising out of an automobile accident, the statute of limitations commences on the date of the accident. See, e.g., K.S.A. 2000 Supp. 60-513(b); Roe v. Diefendorf, 236 Kan. 218, 689 P.2d 855 (1984). However, when payments are made pursuant to K.S.A. 40-275, the running of the statute of limitations is tolled until the date of the last payment or partial payment. K.S.A. 40-275 provides:
"No advance payment or partial payment of damages, predicated on possible tort liability, as an accommodation to an injured person, or on his behalf to others, or to the heirs at law or dependents of a deceased person of medical expenses, loss of earnings and other actual out of pocket expenses, because of an injury, death claim, property loss or potential claim against any person, firm, trust or corporation, shall be admissible into evidence as an admission against interest or admission of liability by such party or self insurer, or if paid by an insurer of such party, as the insurer's recognition of such liability with respect to such injured or deceased person, or with respect to any other claim arising from the same accident or event. Any such payments shall, however, constitute a credit and be deductible from any final settlement made or judgment rendered with respect to such injured or deceased person. In the event of a trial involving such a claim, the fact that such payments have been made shall not be brought to the attention of the jury: Provided, If after an advance payment or partial payment is made as herein provided for, and thereafter it shall be determined by final judgment of a court of competent jurisdiction that the person, firm, trust or corporation is not liable for an amount sufficient to satisfy the advance payment or partial payment, such person, firm, trust or corporation shall have no right of action for the recovery of any such a payment: Provided further, That the period fixed for the limitation for the commencement of actions shall commence on the date of the last payment or partial payment made hereunder." (Emphasis added.)
Mast contends the City's payment satisfies all the necessary elements under K.S.A. 40-275: (1) It was a partial payment of Mast's damages; (2) it was predicated on the possible tort liability of the City; (3) it was an accommodation to Mast; and (4) it was for actual expenses of property loss incurred by Mast.
Kansas courts have repeatedly stated the purpose and intent of K.S.A. 40-275. The court in Howard v. Edwards, 9 Kan. App. 2d 763, 765, 689 P.2d 911 (1984), explained that K.S.A. 40-275
"permits a tort defendant to make advance payment of damages to an injured party without the payment constituting an admission of liability. The payments are credited against any settlement or judgment, but may not be recovered in the event of a defendant's verdict. The statute obviously encourages prompt payment of injured persons' losses without waiting for the ultimate resolution of the tort claim."
With regard to the language in final clause of K.S.A. 40-275 concerning the extension of the statute of limitations, the court in Lytle v. Pepsi Cola General Bottlers, Inc., 8 Kan. App. 2d 332, 337, 656 P.2d 786, rev. denied 233 Kan. 1092 (1983), stated:
"The last proviso in the statute was obviously intended to protect an injured party who receives advance or partial payments. It prevents a party from negotiating with the injured person and making partial payments until the statute of limitations has run and then refusing further negotiation or payment, leaving the injured person without complete recovery."
The court in Lytle considered a factual situation virtually identical to the case at bar. On May 4, 1977, an automobile accident occurred between a car driven by Lytle and a vehicle driven by an employee of Pepsi. Lytle suffered personal injuries and property damage to his car. Within 1 month of the accident, an adjuster for Pepsi's insurance carrier contacted Lytle and settled the claim for property damage to the car. On June 20, 1977, Lytle executed a release of all claims for property damage. With regard to Lytle's personal injuries, on April 17, 1978, Pepsi's insurance carrier reimbursed Lytle's insurance carrier $2000 for the personal injury protection benefits (PIP) paid to Lytle. On March 27, 1979, Lytle sent a claim letter to Pepsi's insurance carrier for damages of approximately $17,000 and, after the claim was denied, he filed suit on August 31, 1979.
The ultimate holding of Lytle is that the reimbursement payment of PIP benefits on April 17, 1978, was not an accommodation payment under K.S.A. 40-275 and therefore the 2-year statute of limitations had expired when Lytle filed his lawsuit on August 31, 1979. For the purpose of the case at bar, the Lytle court also addressed the application of K.S.A. 40-275 to the personal property damages payment made to Lytle on June 20, 1977. The City argues the Lytle court's comments on K.S.A. 40-275 are dicta and should be given no precedent. The Lytle court stated:
"The payment made by defendant's insurer to the plaintiff on June 20, 1977, in settlement of his claim for damages to his car, obviously falls within the category of a payment which tolls the statute of limitations. It was not an admission of liability, but it provided monetary assistance to the plaintiff during the pendency of his claim. It was also an accommodation to him, whether paid to him directly or paid to the car repairer on his behalf. In this respect, it fulfilled the purpose of the statute." 8 Kan. App. 2d at 335.
We find no merit in the City's argument that its payment of all Mast's car/property damage claims was not a partial payment under K.S.A. 40-275. Mast's damage suffered in the automobile accident included both property damage and personal injuries. Satisfying all of her property damage claims did not make the payment a full payment of all the damages alleged by Mast. The City's implication that Mast's personal injuries and her property damage constituted two separate causes of action is incorrect. If the City had not paid Mast's personal property damages, she would have been required to bring all her claims related to the automobile accident in the same lawsuit; otherwise, res judicata would bar further lawsuits. See Pretz v. Lamont, 6 Kan. App. 2d 31, 34-35, 626 P.2d 806, rev. denied 229 Kan. 671 (1981) (An injured party is limited to one lawsuit for property and/or personal injury damages resulting from a single tort alleged against the wrongdoer. This is in accord with the general rule that if an action is brought for part of a claim, a judgment obtained in the action precludes the plaintiff from bringing a second action for the residue of the claim.)
We agree with Mast and the court's dicta in Lytle and find that the City's payment of Mast's property damages was a payment contemplated by K.S.A. 40-275. The payment was a partial payment of Mast's damages alleged from the automobile accident. It was predicated on the possible tort liability of the City. The possibility of tort liability is clearly evident in the release signed by Mast on April 24, 1998, where the terms "personal injury" are expressly crossed out and not made a part of the release.
The City's payment was also an accommodation to Mast for payment to repair her automobile--expenses which were undisputedly incurred from the accident. In Lytle, the court stated: "The generally accepted meaning of the term 'accommodate' as used in the context of the statute, is 'to help' or 'to do a service or favor for' someone (Webster's New World Dictionary 9 [2nd Coll. ed. 1974])." 8 Kan. App. 2d at 335. The court in Bryan v. Davis, 11 Kan. App. 2d 691, Syl. ¶ 2, 732 P.2d 805 (1987), explained: "Typically, a payment as an accommodation by an insurer involves the insurer providing monetary assistance to the injured party during the pendency of his claim. [Citing Lytle.]"
The City argues its payment in this case does not fall within K.S.A. 40-275 because it must be a voluntary payment. The City cites Church Mut. Ins. Co. v. Rison, 16 Kan. App. 2d 315, 320, 823 P.2d 209 (1991), where the court held that restitution payments made in a criminal action are not considered advance payments under K.S.A. 40-275 and do not toll the applicable statute of limitations for purpose of a civil action arising from the same act or occurrence. The court stated Rison's payments were not the result of negotiations, were court-ordered, and were a condition of his probation. 16 Kan. App. 2d at 320.
The City argues that its payment, similar to the restitution payments in Church Mut., was not an accommodation. The City contends its payment was not voluntary due to the potential assessment of attorney fees under K.S.A. 2000 Supp. 60-2006. In an action brought for recovery of property damages only of less than $7,500 sustained and caused by negligent operation of a motor vehicle, K.S.A. 2000 Supp. K.S.A. 60-2006 permits the prevailing party to recover attorney fees unless the prevailing party recovers no damages or the adverse party tendered an amount equal to or in excess of the judgment recovered. The City argues K.S.A. 2000 Supp. 60-2006 compelled the April 24, 1998, payment in order to avoid the adverse consequence of being required to pay Mast's attorney fees. The City maintains the $1,865.80 was not a voluntary payment intending to help Mast but was a payment made to avoid the attorney fee provision of K.S.A. 2000 Supp. 60-2006.
The City contends the language in Lytle relied upon by Mast is not only dicta, but also that when the Supreme Court decided Lytle in 1977, 60-2006 permitted the receipt of attorney fees only if all damages sought were less than $500. In contrast, today 60-2006 allows attorney fees in automobile negligence lawsuits only for property damages less than $7,500.
The City also states that K.S.A. 40-275 requires that any payment made under the statute shall be a credit against a judgment received by the plaintiff. The City argues its payment of property damages is not one contemplated by K.S.A. 40-275 because the payment could not have been deducted from any judgment Mast received in her lawsuit for personal injury damages.
Our interpretation of K.S.A. 40-275 will not hinder or chill an insurance company/defendant's prompt payment of personal property damages. As Mast points out, the computation of property damages in an automobile accident is relatively simple. The prompt payment of property damages facilitates an expedient final settlement of all claims arising from an automobile collision by disposing of the property damage issue and allows the parties to focus on the factual and legal issues surrounding a plaintiff's personal injuries. The prompt payment of these claims is in the best interest of the insurance companies since the 2-year statute of limitations would run from the date of the last partial payment pursuant to K.S.A. 2000 Supp. 60-2006.
The City complains that it is unfair to give a plaintiff an entirely new 2-year statute of limitations for a personal injury claim commencing from the date of the payment of the property damages. The City suggests a situation where a property damage claim resulting from an automobile accident is paid a month before the 2-year statute of limitations has run. The City contends the legislature could not have intended to give a plaintiff an entirely new 2-year statute of limitations and in essence allow for a 4-year period of limitation following an accident. The City maintains the encouragement to settle claims and the prosecution of actions while witnesses and evidence are still fresh goes against extending the statute of limitations in its example.
We recognize the City's complaint but realize we are dealing with a factual scenario in the present case where the statute of limitations is extended for approximately 1 month beyond the normal 2-year statute of limitations. We also find K.S.A. 40-275 expressly provides for extending the statute of limitations for payments under the statute as a clear indication the legislature intended to extend the statute of limitations if applicable. The City's complaint of unfairness is better addressed by the legislature.
The district court erred in granting the City's motion to dismiss. The 2-year statute of limitations commenced on April 24, 1998. Consequently, Mast's lawsuit filed on March 23, 2000, was timely.


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subset: commoncrawl


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Adam Blauert
Adam Blauert: Mountain bike park opening soon at Lake McClure
For many years, cyclists riding along Merced Falls Road looked up at Barrett Summit and thought "That would be a great place to ride mountain bikes."
Starting Saturday, that dream is going to become reality. If you've got a bike and the $8 car entry fee, you will be able to enjoy the new Exchequer Mountain Bike Park at Lake McClure. That's all that it will take.
The Merced Irrigation District inaugurated the project by contacting local cyclists. The cyclists have been working on developing the vision for the project and identifying some preliminary routes. Over the next couple of years, additional routes will be created by riders at the 800-acre park.
Working with what is essentially a blank canvas, they will be designing their own trails. The result will be something that you currently can't find anywhere in our giant state: a mountain bike park where you will be able to ride from your campsite directly onto a network of trails that will encompass all difficulty levels. Unlike most places where mountain biking is allowed, there won't be any competition with hikers and equestrians – Exchequer Mountain Bike Park will be a "bikes only" zone.
Although the trails have a near wilderness feel to them, riders will be close to amenities: clean restrooms with flush toilets, drinking fountains, hot showers, a restaurant, and the marina store. On top of that, affordable cabins are now available for rent in the campground – perfect for families or anyone who prefers a soft bed and air conditioning after their ride. This combination of great terrain, no route restrictions within the park, and extensive amenities is something that just isn't available anywhere else in California.
Trails start in what used to be the "I loop" of the Barrett Cove Campground and climb up to the top of Barrett Summit.
At just over 1,700 feet, the summit commands an outstanding view stretching from the Diablo Range on the western edge of our Valley all the way across its floor up through the foothills and the lower mountains. When I got a chance to visit the park last Thursday, some of the highest snow-capped peaks of the Sierra loomed over the green ridges to the east.
Riding downhill from the summit, there will be several options with a range of difficulty levels for riders to explore – sort of like the slopes of a ski resort where the options range from the gentle bunny hill to challenging vertical descents. When you've reached the bottom, you'll be able to ride back up to the top and do it again or try another route. The Exchequer Mountain Bike Park also plans to hold race events in the future.
In addition to mountain biking, Lakes McClure and McSwain currently offer fishing, water skiing and wakeboarding, campsites with full hookups, cabin rentals, boat and kayak rentals, houseboat rentals, marina stores and cafes at Barrett Cove and Lake McSwain. Over the next couple of years the recreation opportunities will continue to expand. It's all part of the MID's goal to make the McClure and McSwain recreation areas a place where families can spend an entire week, enjoying a broad range of outdoor activities throughout the seasons. MID general manager John Sweigard stated his vision this way: "We intend to offer the best family outdoor recreation destination in Central California – and nothing less."
The five existing recreation areas are being refurbished. Some of the new recreational opportunities to be developed will include a 14-mile hiking and biking trail between Lake McSwain and Exchequer Dam, swim platforms with waterslides, larger group campsites, primitive camping on Mac Island, and at the swim lagoons, sand beaches, volleyball courts and shade.
As I approach the five-year anniversary of writing this weekly column, I've been reflecting on some of the highlights of my experiences, and being able to explore and announce new recreation opportunities is by far one of the greatest. We are lucky to have so many new places to enjoy the outdoors. One of the best things about these developments at McClure and McSwain is that they are less than an hour's drive from Merced.
On Saturday, the Exchequer Mountain Bike Park's grand opening will be part of the MID's SpringFest Celebration. A car show and Cinco de Mayo festivities (including music, food and activities) will also be a part of the day. The events will take place from 1 to 6 p.m.
The Exchequer Mountain Bike Park is located at Lake McClure's Barrett Cove Recreation Area. To get there, take G Street/Snelling Road or Highway 59 from Merced to Snelling. Proceed through Snelling and continue east as the road becomes Merced Falls Road. Follow Merced Falls Road along the Merced River to the community of Merced Falls.
When the road makes a sharp turn northward, ignore the turn and signs that point toward Lakes McSwain and Lake McClure and continue north for 9 miles to Barrett Cove Road. Turn right (east) and in about a mile you'll find the entrance gate to the Barrett Cove Recreation Area.
For more information about lakes McClure and McSwain, go to www.lakemcclure.com or call (209) 354-2960.
Updates about the bike park (including GoPro footage of riding the terrain) and other developments are regularly posted on the MID's Facebook page at www.facebook.com/MercedIrrigationDistrict.


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"Roots. That's a good word for it. Everybody's got a family tree and just to know how the roots grew, well that gives you a sense of who you are." spoken by Martha Corinne Walton, The Waltons, Episode 10, 1976
Friday, June 28, 2013
Remembering Rosemary
I was six years old when I met Rosemary. I don't remember the exact date or even what season it was, but I think it was summer. She and her husband, Harlis, had moved into the house diagonally across the street from ours and I had been told they had two little girls. That was exciting to me because I had two older brothers and most of the kids in the neighborhood were not only older than I, but were also boys. Even the two best friends I had had were boys, and only one of them still lived here. It was one of those boys, Jimmy, who facilitated my introduction to Rosemary that day. We usually met each other outside in the morning and on that particular one he greeted me with the information that we were going to have to go to the new neighbor's home to ask if their daughters would like to play with us. I was a little nervous about this because I tended to be fearful of meeting people, but there was no talking him out of it because those were his orders for the day. So, off we went, walking across the yard to the house and we knocked on the door. A beautiful lady answered and with a sweet southern accent she said "Well, good morning." We asked if her daughters, whose names were Dana and Diana, would like to come out and play and with that began a friendship of 45 years that changed the course of my life and that of my family. When she opened her door to us that day, we walked into a home that literally enveloped me in love. Throughout the years that home was a haven for myself, my parents, and my brother in various ways at different times. What my family saw in that home was a love for and a relationship with Jesus like none we had ever seen before and because of Rosemary we found that relationship ourselves. While Dana and Diana were riding bikes and playing kickball, Rosemary and Harlis were becoming my parents dearest friends. I could usually find my mother sitting at Rosemary's kitchen table as they shared coffee and stories, laughter and a few tears. Dad and Harlis could often be found talking boats and fishing. I know they cherished those friendships. Life, as it always does, brought many challenges that sometimes caused distances in our friendships, but the love that was at the heart of them always remained. There are some memories that are so clear in my mind that I can close my eyes and see it all again. I can still smell and almost taste the chocolate chip cookies Rosemary made. I can see her snapping green beans to the "whish-whish" sound of the gauge on the pressure cooker as it sat on the stove. I can hear her saying goodnight prayers with Dana and I as we were tucked into bed at night after going to Bible school. I can see her hugging the many children she cared for, including my own. I remember her beautiful handwriting on the countless greeting cards she gave me and I can hear her strong voice singing the old gospel songs. In this day, when few people even know their neighbors, I was blessed to have Rosemary as a friend; someone who still greeted me with open arms the same way she did when I was six years old. Recently we saw each other at a fast food restaurant. We sat down and talked for just a few precious minutes. We talked about our children and grandchildren and her great grandchildren. We talked about my job loss and she asked about my mother and she shared stories of the vacation from which they had just returned. We said goodbye that day, stating as we always did that we needed to get together and visit. When I was told on Tuesday that Rosemary had gone home to heaven, I felt like she had taken a part of my heart with her. She has left a void that cannot be filled. There is a song that says "I have more to go to Heaven for than I had yesterday" and that is certainly true for me today. I know she is there, along with many other loved ones who have gone on before, and she is preparing her new house. Someday, when I get there and I am going to go knock on her door........ and I know just how she is going to answer.
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Rock & Dirt's Weekly Recap- News in the Construction Equipment Industry
Need a quick update on what happened last week in the construction industry? Every week we will provide a brief overview of some of the top stories for your consumption. Just in time for winter, Doosan Portable Power introduces a package designed specifically for mobile generators operating in extreme cold. The Tundra Package includes […]Read more


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By ANDY KIRKALDY
FERRISBURGH — Dozens of Ferrisburgh residents and a Vergennes Union Middle School class crowded into town offices for a Nov. 19 planning commission hearing on a petitioned zoning change. The petition was sparked by a recent proposal for a combined McDonald's Restaurant, gas station and convenience store on Route 7.
That proposal has generated more interest — and opposition — than any in recent Ferrisburgh memory, even more, said planning commission member Bob Beach, than a proposal for more than a hundred homes and shops on a parcel next to the school and town offices two summers ago.
With those strong feelings in mind, Beach said planners are likely to make some kind of recommendation to selectmen for a zoning change, he said, although the issues are complicated.
"It's important to note that it's the biggest turnout ... I've ever seen come forward on a planning commission issue," Beach said.
The petition in question asked for a zoning change for "commercially zoned areas" along Route 7 "to allow for no more than one gas station, convenience store, and/or fast food restaurant within each of our three commercial zones."
It offered as a rationale that the areas are "too small in road distances (one-half mile or less in each designated area) to allow for safe ingress and egress of more than one of these businesses in each zone," and requested the change "to ensure the safety of all motorized vehicles and passengers" traveling along Route 7 in Ferrisburgh.
Town Clerk Chet Hawkins assessed the mood of the crowd, estimated at roughly 75, without himself taking a position.
"It was predominantly in support of the bylaw to not permit the high-volume use of Route 7," Hawkins said.
By JOHN FLOWERS
MIDDLEBURY — Middlebury's newly renovated Town Hall Theater (THT) on March 2 will take a brief holiday as an entertainment venue in order to return to its roots as the hub of municipal government.
Selectmen and THT officials have confirmed Middlebury's annual town meeting will return to the theater building after a more than 50-year hiatus.
"I think it's a wonderful opportunity," Middlebury selectboard Chairman John Tenny said of town meeting's impending relocation to the THT. "We are hoping for a very strong showing (from townspeople)."
The venerable building at 68 South Pleasant St. was erected in 1884 as Middlebury's first town hall. The structure featured a 600-seat theater that hosted — along with Middlebury's annual meeting — a variety of plays, concerts, dances, speeches and eventually, movies.
But the building's run as town hall ended during the 1950s, when local leaders moved Middlebury's municipal offices to their current location: The former Middlebury High School complex off College Street. Meanwhile, the former town hall was sold to private owners, who over the years used it as an eatery and for other commercial purposes.
It was around a decade ago that a group of drama enthusiasts and community members organized an effort to purchase the building from the Middlebury Knights of Columbus, and transform it into a performing arts center. Organizers were able to take their bow this past summer, when they opened the THT after having raised more than $5 million to acquire and completely renovate the landmark property.
By KATHRYN FLAGG
ADDISON COUNTY — For years, Lincoln resident Christian Schider traveled all the way to New York City for his Thanksgiving meal, sitting down for what could be the year's most-talked-about meal not with family, but with strangers from all over the world.
Schider was in his late teens when he struck up this nontraditional tradition, making the trek to sit at a community table at the well-known vegan restaurant Angelica Kitchen. At the time, he said, he was a fairly militant vegan, someone who has chosen to eat no foods containing animal products.
After his animal-free Thanksgiving meal he'd travel to Long Island to visit with tryptophan-drugged family, but his sit-down supper with strangers was a longtime holiday highlight.
Schider gave up his vegan diet recently, during his wife's pregnancy, and this year, the produce buyer at Bristol's Mountain Greens Market and Deli plans to stay a bit closer to home for the holiday.
But what Schider's memories of Thanksgivings in New York suggest is that "Turkey Day" for vegans and vegetarians is about everything but the turkey.
Take one of Schider's co-workers at Mountain Greens, 24-year-old Courtney Lucia. Lucia is planning for her seventh vegetarian Thanksgiving. Leaning over the deli counter, where Lucia works, she said that her family doesn't do any of the "fake stuff" — "tofurkeys," for instance, or "smart bacon," both vegetable-based products designed to mimic meat dishes.
That's not to say there isn't plenty at her family's table she can happily gobble up.
"I always bring something that I've made that I know I can eat," she said. It's hard, sometimes, to turn down dishes that she knows her family has worked hard to make. But does politely declining a serving of white meat change the holiday for her?
VERGENNES — Late last week Vergennes interim city manager Mel Hawley had one word removed from his title — interim.
Mayor Michael Daniels said Hawley, 55, who previously served from 1981 to 1998 as the city's manager, was the unanimous pick as the city's new manager by a hiring committee that included Vergennes aldermen, City Clerk Joan Devine, planning commission chairman Neil Curtis, and city resident and American Legion Post 14 official Henry Broughton.
Aldermen accepted the committee's recommendation at a Nov. 18 executive session, and Daniels made the choice of Hawley official on Thursday, after Hawley's employer since he left the city's employ in 1998 — Vergennes outdoor equipment manufacturer Country Home Products — had been notified.
Daniels said there were several strong candidates for the post, including one other finalist besides Hawley. Hawley's familiarity with the city's operations and his track record made him stand out, the mayor said.
"With Mel's knowledge of the city's working operations as it is, he was the better fit of the two," he said. "We feel that the transition ... will be smoother and a lot faster because he is so near to the pulse of our city."
Daniels said the committee was also impressed with Hawley's responses to a series of questions that were formulated not only by committee members, but also by the city's department heads.
Specifically, the mayor said, committee members believed Hawley would give city employees latitude to perform their jobs, while still insisting they get their work done right.
"He's going to hold department heads accountable ... but yet with a little bit of free rein," Daniels said.
MIDDLEBURY — Directors of the Vermont State Craft Center at Frog Hollow (VSCC) are working aggressively to raise money to help the 37-year-old, nonprofit arts organization navigate some choppy financial waters heading into its key holiday sales period.
The VSCC currently hosts galleries and a wide range of arts education programs at its locations off Mill Street in Middlebury and Church Street in Burlington. But this year has been tough for Frog Hollow, which this summer closed its Manchester branch in reaction to sagging revenues and a slumping economy. And the economy has only gotten worse this fall.
"We are finding ourselves in the same situation that a lot of retail and sales-based businesses are finding themselves in," said VCSS Executive Director Deidre Healey. "We've been hit as hard as any Main Street business and our focus right now is finishing the 2008 season as best as we possibly can."
With that in mind, the VCSS is seeking to raise $50,000 in donations before the end of January. That effort could be greatly boosted by the potential offer of an anonymous, $100,000 matching grant the VCSS is now trying to secure.
Frog Hollow leaders met last week with local legislators and state and county economic development officials. Healey said she and her colleagues made a request for $75,000 in state aid. They were told it's unlikely such a request could be honored, in part due to the fact that the state's economic aid programs are geared toward for-profit businesses.
"We are looking for any support the state can give us," Healey said. "But we have not be able to secure any of the financial support we have needed from the state."
GLORIA KAMENCIK AND Nathan L'Heureux take a twirl on stage during a rehearsal Tuesday night of Mount Abraham Union High School's production of "Beauty and the Beast." The show will be performed Thursday, Friday and Saturday nights at 7:30 p.m. with a 2 p.m. matinee on Saturday. For more photos from the show, see the print edition of the Independent.
Independent photo/Trent Campbell
BRISTOL — Middlebury selectmen will spend the next five weeks trying to put together a fiscal year 2009-2010 municipal budget that features no local tax increase.
Selectmen are seeking to maintain the current municipal rate of 80.6 cents per $100 in property value in deference to Middlebury residents who are struggling through a tough economy. Several local businesses have laid off workers during the past year. Meanwhile, economists on Tuesday predicted a $30 million decline in general fund revenues for the current fiscal year and a state unemployment rate that could soon reach 7 percent.
"We come at this budget in a little bit of a different way, intentionally," Middlebury selectboard Chairman John Tenny said. "I think it's a good change in the process for what is clearly going to be a difficult year, if not two or three years. Because of the difficult financial situation, this leads us toward a budget presentation and preparation unlike previous years … where we've set the baseline as 'maintaining the level of service.' This is looking at holding the line financially, and a more arbitrary financial limit because of the economic stress that is perceived in the community."
Middlebury Assistant Town Manager Joe Colangelo on Tuesday spelled out the impact a level municipal tax rate would have on next year's budget.
First, he noted a projected 1.5-percent increase in Middlebury's grand list would give the town roughly $6,760,000 in revenues, a sum that would fall approximately $259,496 short of the $7,020,147 needed to maintain the same services that local residents are currently receiving.
The lion's share of the gap — almost $165,000 — is associated with increases in wages and benefit premiums for municipal employees, hikes that are guaranteed through negotiated contracts.
ADDISON COUNTY — By the time fuel oil hit the record high price of $147 per barrel this summer, telephones were ringing off their hooks at local fuel vendors' offices. Customers were clamoring for "pre-buy" contracts, looking for a way to lock into a price of $4 per gallon of heating fuel or more and pay for a winter's worth of oil up front.
Now, though, fuel oil prices have dropped to under $60 per barrel this week and prices for heating fuel have fallen by 30 percent or more. With the price for No. 2 fuel oil at some local companies coming in this month at around $2.80 per gallon, those same customers are likely wishing they'd left their phones on the hooks.
But customers, it turns out, aren't the only ones who locked in at high prices this year — their vendors did, too.
"We were kind of forced into it by the customers," admitted Mike Bordeleau, the owner of Bridport-based Mike's Fuels. In July, Bordeleau was on the fence about offering pre-buy contracts — reluctant, he said, to have his own customers lock into prices that were $1.50 or $2 per gallon higher than last year.
Skyrocketing prices, though, made some customers anxious to buy early in case prices climbed even higher over the course of the winter. What's more, speculators on Wall Street — Matt Cota of the Vermont Fuel Dealers Association (VFDA) named Goldman Sachs as an example — were calling for oil prices to hit $200 a barrel, which could result in heating oil priced at $6 or $7 per gallon.
"There was a panic across the Northeast," Cota said.
So, when Bordeleau was able to offer a pre-buy contract at $3.99 a gallon, almost 20 percent of his customers — around 500 out of approximately 2,700 households — jumped at the offer.
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Choosing rental accommodation on Tybee Island will let you make the very most of your time spent holidaying in the area. The accommodation varies from beachfront condos, to small cottages, to larger homes and villas, each one affording you the freedom to enjoy your time on the island to the full and take in as much as possible of what it has to offer. There is an excellent chance you will also find it better suited to your budget, freeing up funds to spend on more important holiday pursuits.
One of the biggest reasons you are likely to have chosen Tybee Island as your holiday destination is for its beautiful beaches and other outdoor pursuits. If the weather is particularly hot, you may feel like doing nothing more than preparing a picnic at your rental home and spending the day sunbathing on the golden sands and paddling or swimming in the ocean. The more active or adventurous may wish to go kayaking in the waterways around the island and see the local wildlife. You can even take a pleasure cruise of an evening and see the sights with a drink in your hand. Fishermen are likely to be in seventh heaven on Tybee Island, with a variety of species available to be caught before perhaps being prepared as an evening meal back at your rental accommodation.
The north of Tybee Island is the place to go to see evidence of much of the island's history. Fort Screven dates back to the time of the Spanish American War. The Tybee Island Lighthouse dates back to the first half of the eighteenth century and Tybee Island history museum includes a variety of artefacts from the island's past. The small town on the island should not be neglected in this respect, however, as it boasts a number of historical buildings and cottages. You should also take the time to eat in one of the local restaurants or inns, where you can not only sample some of the excellent local seafood and other produce but mix with the locals and obtain a real feel for the island and its people.
It is virtually essential to rent a car for your visit to Tybee Island, both to get there and to effectively see the surrounding area. One place which you should make the time to spend a day is the city of Savannah. This will give you the opportunity to soak up more of the history of the American South by admiring its architecture, visiting its museums and galleries and browsing its many antiques shops. You should head for River Street for all of these things, as well as a fantastic selection of restaurants and bars in which to lunch and dine in style.
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Wednesday, May 24, 2006
On The Street……Brown Dress #1, New York
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17 comments
im so enamoured with these dresses!!!! i totally agree, simple and so chic at the same time.
Beautiful… she reminds me how some of the women in art/design school looked. Chic and creative yet unpretentious and comfortable enough to paint or build a sculpture.
I love her because she looks like me. I can't wait to read comments.
the new grunge
Plain Jane never looked so good.
A dash of pewter and some stones could add more highlight.
I wonder where the dress is from.
Does anyone know?
oh my god, i know her! that's my friend laura from atlanta! hahaha. and she's always been an eye turner, even in something as basic but nice as this!
Nice looking lady. What strikes me as noteworthy is you managed to get a photo on the street in New York City that shows at least one block without a single other pedestrian or vehicle in it.
I don't get this one – very plain in a way that isn't noteworthy to me. The woman is attractive though.
Not keen on her outfit but geesh all the girls have gorgeous hair – is it NYC water or something??! so shiny!
I like it. Not some labored "fashiony" look yet stylish and real.
love and adoration.
AH! I'm so embarrassed. (And I'm not even sure this is within the rules of photo bloggerdom), but that's me in that brown dress. Really. And, sorry to say, my name isn't Laura. And I'm originally from Oregon – hence, plain-janeness.
A disclaimer – because I can't bear to believe this photo exists: 9 AM, Monday morning, coming from the doctor's office to treat a hellish summer flu.
I sincerely appreciate the positive commentary. (And the shoes were from American Rag in L.A. 4 summers ago).
I have the identical dress in a soft coral pink; a better choice for the scenario, in retrospect. After seeing this picture, I'm thinking I'll only sport brown for Friday afternoons around dusk on the Riviera.
Brown Dress #2 so wins this one.
That's so cool that you've posted, enjoy the adoration! I think it's great how you've turned a simple summer dress into something you can wear in-between seasons – lovely!
Is that Valerie Bertinelli?
verry good,i like her
You are on the right path if you are going to have the guidelines for adding printer to windows 10 and this add local printer windows 10 homepage will help you to to clarify your all troubles.


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We're lucky to have such a great team behind us. Our developers, photographers, recipe testers, and longtime community members make FOOD52 what it is. To thank the hard workers and our friendly encouragers, we got everyone together for a little celebration last Wednesday night. We made five party snacks from FOOD52 recipes and one of our favorite cocktails, the Moscow Mule (get the recipe below).
Some of our photographers were in attendance, but we gave them the night off. Here's a peek at last week's party, captured with iPhones and Instagram.
Left: Some of the FOOD52 team prepping away. Right: TheRunawaySpoon's Fig and Blue Cheese Savouries ready for baking.
Left: Some more prep talk, and pitchers full of Moscow Mules -- we made the ginger syrup from A Tribute to Woody (Homemade Ginger Ale Float) by inpatskitchen. Right: We assembled mini versions of Flank Steak on Texas Toast with Chimichurri by sdebrango.
Left: We set up the bar with a very fancy copper ice bucket. Right: Kristen, saran wrap, and a turtle -- we can't have a party without them.
Left: We also served up AntoniaJames' Crispy Spice-Brined Pecans, and the winning Yoghurt & Spinach Dip by shayma. Right: Amanda's kids made mini cupcakes for the party, which reminded us how much we love that Chocolate Dump-It Cake recipe.
We finished setting our tables just before the first guests arrived. The final additions to our menu were cured meats and Paprika-scented Manchego Chorizo Puffs by Half-Buzzed Hostess.
Two busy rooms full of friendly faces.
Left: Amanda's son, Walker, took a short break from greeting guests and serving cupcakes with his dad. Right: Mid-party, Walker's sister Addie decided to add a fun accessory to her ensemble.
Left: Those savouries and cured meats did not last long. Right: Some people were lucky enough to have mini cupcakes hand-delivered to them by Walker and Addie -- what presentation!
Left: An empty table is a sign of a successful party. Right: At the end of the night we treated ourselves to the scones mrslarkin brought. (And happily ate the rest for breakfast at the office the next day.)
We referred to Amanda's Essential New York Times Cookbook for the cocktail recipe. Here it is:
Moscow Mule
Serves 1
1 1/2 ounces vodka 4 teaspoons fresh lime juice 6 ounces ginger beer (make your own by mixing 1 part ginger syrup with 3 parts soda water)
Fill a tumbler with 4 or 5 ice cubes. Pour in the vodka and lime juice and fill up the glass with ginger beer.
(We made a giant batch and garnished ours with wedges of key lime.)
See what other Food52 readers are saying.


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New Activists in New Mexico
Last week, during advocacy training at the fourth-annual Youth AIDS Institute (YAI), session leader Johnny Guaylupo showed slides of himself getting arrested during civil disobedience actions. Still, not everyone was signing up to lay down in the middle of traffic.
"I'm big on following rules," said Jeremy Turner, of Evansville, Indiana, one of YAI's 15 participants, "We have to follow the rules we set for ourselves. Shouldn't we also be following the government's rules?"
Turner's question provoked exactly the kind of discussion that YAI, held this year on the campus of University of New Mexico in Albuquerque, was designed to elicit. The purpose of YAI is for young AIDS activists, many living with HIV, to benefit from the skills and knowledge of those who have come before them, then take that information back to their home towns and engage in a real-life AIDS advocacy project.
This year's participants, who ranged in age from 16 to 26 and hailed from Puerto Rico, Michigan, New Mexico, New York and beyond, were already exceptionally experienced. Among the participants were case managers, researchers, outreach workers and even an author. YAIer Marvelyn Brown's memoir The Naked Truth: Young, beautiful and (HIV) positive will be published this year by HarperCollins Publishers.
"People With Passion"
The week started with a bang last Wednesday with participants benefiting from the wisdom of two guest speakers: New Mexico Health Department Andrew Gans, who spoke about HIV prevention in his state, and Housing Works president and CEO Charles King, who discussed youth's role in the civil rights and AIDS movements.
Thursday non-profit consultant and YAI organizer Jeremy Grandstaff led a session about leadership, and there were also sessions about back-to-back seminars. On Thursday there were sessions on leadership seminars on major AIDS issues and how to tackler them, as well as time devoted to the Campaign to End AIDS projects AIDSVote and the Stand Against AIDS Campaign to End AIDS projects AIDSVote and Stand Against AIDS. On Friday young activists took over with a policy panel. Maralis Mercado explained the Centers for Disease Control projections of new infections that are expected to rise from the long-touted 40,000; Chelsea Gulden, 26, presented her findings comparing different sexual education programs in her home state of North Carolina, where schools can only teach abstinence-until-marriage-only HIV prevention, and teachers have to report to parents any questions children ask about sex; Turner spoke about CDC's Diffusion of Effective Behavioral Interventions (DEBIs) and the challenges they pose, and Carrie Rheingans told of her experience with needle exchange in Michigan.
Even these "policy wonks," as organizer Christine Campbell affectionately called them, said YAI sharpened their skills. "It was great being surrounded by so many people with passion," Rheingans, 26, said. "I see the agenda to end AIDS and how it's achievable, and how we can turn the fight against AIDS to fight other social justice issues." She is planning to create an outline for an advocacy program that can be replicated by groups of students at University of Michigan students, and in the longer term, start Ann Arbor's first formal Latino AIDS outreach program.
Gulden has been a case worker and activist since shortly after her diagnosis in 2003 -- even appearing on Oprah with fellow YAIer Brown in 2006 -- but said YAI was still eye-opening. "I've gotten to brush up on existing skills and perfect the 'elevator conversation' where I can talk about AIDS advocacy in 30 seconds," she said.
|YAI Class of 2008!
Gulden brought along two of her clients, Joshua Lee Campbell and George Montgomery, who plan to begin their activism careers with an HIV awareness and testing campaign at Johnson C. Smith University. Campbell and Montgomery say the school is the only one in Charlotte, N.C., where such programs have been cut. Campbell, who was diagnosed with HIV in 2006, said "We are going to start campaigning to the students and petitioning department heads that this is something that's really needed."
Albuquerque resident Melissa Pacheco, who, at 16 years of age was the youngster of the YAI crew, said she plans to do testing and education in different pueblos outside her city. "It's not just about the testing," she said. "It's good to talk to them and give HIV education."
And what about Turner, who challenged the idea of civil disobedience as advocacy tactic? He won't be getting arrested any time soon but is enthusiastic about the upcoming Stand Against AIDS, C2EA's multi-armed cross-country road trip to the Mississippi presidential debate on September 26. "I can't make it to Mississippi but I can meet the caravaners in Louisville with sandwiches and ice. Even though I'm not a lay-down-on-the-street person, sandwich people are also important," he said.


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Finding toys for toddlers can be super challenging! They've outgrown their baby toys–but not quite ready yet for more complex toys geared to preschoolers. The toys need to match their new found mobility and desire to do things again and again!
Here are just five of my favorites:
Little People Load 'n Go Wagon (Fisher-Price)
Step 2 Basic Rhythms Piano (Step 2)
Playskool Clipo Creativity Table (Playskool)
Schylling Color Roller (Schylling)
Rollipop Toddler Starter and Advanced Sets (Edushape)
The full reviews are on our site, www.toyportfolio.com.


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Nation & World
Al Qaida-linked Nusra Front rebels blamed for bloody fight against Lebanese army in Sidon
The worst fighting in Lebanon in years, which wracked this coastal city one hour south of Beirut this week, was touched off by an influx of foreign fighters from Syria, Palestinian camps and other Arab countries into the compound of a radical Sunni cleric, according to knowledgeable people on both sides of the conflict.
The foreign fighters included members of Jabhat al Nusra, a Syrian rebel group also known as the Nusra Front, which is affiliated with al Qaida, according to the accounts, including that of a Lebanese military official. Nusra is considered the most effective rebel group fighting to topple Syrian President Bashar Assad, and its presence inside Lebanon, if confirmed, would provide evidence not just that the Syrian conflict has spread, but that Nusra fighters have extended their influence outside Syria and Iraq.
A worker for a non-governmental organization in the Ein al Hilweh refugee camp near Sidon told McClatchy that the fighting was sparked when a group of Syrians fresh from that country's battlefields, as well as fighters from other Arab countries, on Sunday attacked a Lebanese armed forces checkpoint near the mosque and apartment of controversial Sunni cleric Ahmad al Assir. At least three soldiers were killed.
"At least 60 Syrian guys from Jabhat al Nusra had joined with Assir in the last few weeks," said the worker, a well-known aid official who identifies himself as Abu Hussein, a nickname that means father of Hussein.
Abu Hussein said Assir also had received support from "at least 30 Palestinians" affiliated with Jund al Sham, a terrorist organization whose name has been shared by a variety of al Qaida-linked groups and that is influential in the Ein al Hilweh camp, as well as what he called "jihadis from other Arab countries that had been fighting in Syria."
Abu Hussein credited the Nusra fighters for the strong military performance of Assir's followers in the clashes, which killed about 18 soldiers and wounded scores more.
"These Assir guys had no experience or training, so there was a military commander who had come in to help, I think he was from Nusra. This is why so many soldiers died," Abu Hussein said.
As many as 300 fighters were in the compound, according to Abu Hussein, about 100 of whom were unaccounted for on Tuesday, including Assir. The whereabouts also were unknown of a former pop star turned Islamist militant, Fadel Shaker, who took time during the siege to record a morbid video released online in which he claimed that he personally killed two soldiers.
Lebanese officials have been inconsistent in totaling arrests and casualties from the battle, but people on the scene estimated that roughly 40 of Assir's men were killed, with 60 wounded and 70 captured. It's not known what happened to the others.
"Nusra fighters staged a breakout toward the end of the fight and many escaped with Assir," said Abu Hussein,
A Lebanese army intelligence official confirmed the presence of foreign fighters inside the compound, saying that an emotional and ill-advised reaction to the checkpoint attack by army officers on the scene led to the initially heavy army casualties.
"They didn't take Assir's men seriously and tried to storm the compound, not realizing that Nusra and al Qaida terrorists were inside," said the official, who cannot be named in keeping with army regulations. "That's why so many were killed and wounded in the first hours of the battle."
On Monday, Hezbollah fighters who had joined the fight alongside Lebanese army troops said that they had found the bodies of foreign fighters as well. One Hezbollah fighter, overheard by two Western reporters, told his commander that one sniper had carried a Syrian identity card from the city of Aleppo.
Lebanon's fractious political system has come under increasing strain as the predominately Shiite supporters of Hezbollah defend the group's open military campaign to quell the primarily Sunni Muslim uprising against the Assad regime.
Many Lebanese Sunnis and other opponents of Syria, which occupied Lebanon for nearly 30 years, have called upon Hezbollah to end its involvement in Syria. At the same time, the Sunnis have sent a significant amount of material and military support to the rebels. The tensions have led to an increasing number of sectarian clashes throughout Lebanon, of which the fight in Sidon was the deadliest for the Lebanese army.


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I went to bed 2 days ago needing Pittsburgh over 3 goals. They had 0 in the third. I woke up and they won 3-1.
Yesterday I went to bed with the Oilers winning 2-0 in the third. I wake up this morning and the guy lost!
Moral of the story....Jerk off before going to bed!


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Should I Get an Acrylic Bridge or a Full-Arch Zirconia Bridge?
Millions of Americans are searching for the best way to replace their missing and failing teeth. A full-arch permanent bridge that is anchored to a set of dental implants is the perfect solution for many patients. The implants provide a permanent attachment foundation for the bridge which replaces the full set of teeth and gums on upper and lower jaws. Most bridges are made in one of two ways:
- Liquid acrylic resin is poured into a mold and, once it hardens, the casting is removed, traditional denture teeth are added, and the bridge is attached to the implants.
- The full-arch Prettau® Bridge is precision-milled from a solid block of Prettau® Zirconia, hand-colored and polished to match natural teeth and gums, and anchored to the implants.
The implants serve the same function for both types of solutions, but the difference in the materials used to make the bridge significantly affects its final look, feel, and performance over time. Remember, the bridge itself must stand up to the daily wear and tear of eating and talking. It should look natural, be comfortable, and stand up to wear and tear without cracking, chipping, or staining. So how do you choose between acrylic and Prettau® Zirconia?


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9-11 Prayer breakfast
The 7th Annual Community Ecumenical 9-11 Prayer Breakfast will be held on Saturday, Sept. 10. Breakfast starts at 7:45 a.m. and the program is from 8:30 - 9:30 a.m. at Bedford Baptist Church, 1516 Oakwood St., Bedford.
Join in remembering 9/11/2001 and to offer prayers for: our nation and its leaders; our armed forces and those who protect us, and American families.
If you currently subscribe or have subscribed in the past to the Bedford Bulletin, then simply find your account number on your mailing label and enter it below.
Click the question mark below to see where your account ID appears on your mailing label.
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Is it a good idea to delete then recreate all the current agents (save the admin) in the system? They follow a default pattern and I'm trying to lock down my system as much as possible before going live and doing test calls. I'm thinking of deleting all the agents (1000-1010) and then creating agents as and when they are needed. Right now I just need two, and don't want to open myself up to any hacking attempts.
Please advise. Thank you!


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Are Catholic hospitals and universities really in danger of closing?
Chicago's Cardinal Francis George caused a stir last week when he wrote that Catholic-affiliated institutions are in danger of closing as a result of the Department of Health and Human Services' requirement of mandatory contraception coverage.
"If you haven't already purchased the Archdiocesan Directory for 2012, I would suggest you get one as a souvenir," George wrote in his column for archdiocesan newspaper Catholic New World. "On page L-3, there is a complete list of Catholic hospitals and health care institutions in Cook and Lake counties... Two Lents from now, unless something changes, that page will be blank."
George's comments left some to speculate on the disaster of Catholic hospitals closing their doors, but less attention has been paid to a more obvious question: Do the bishops have the authority to shut down Catholic hospitals, universities, and social service agencies? And if not, do the institutions themselves feel strongly enough about this to close over the law?
The answer, most likely, is no on both counts. Most of these organizations are run not by a diocese, but by either a religious order, an independent board of directors, or some combination of the two. Though they have a Catholic mission and may follow the teachings of the church, they are generally not answering directly to their local bishop.
Many Catholic hospitals are run by larger healthcare networks, like Resurrection Health Care in Chicago or Catholic Health East, which are sponsored by multiple religious communities (and which have not themselves come out against the mandate). A good example of a bishop's authority over a Catholic hospital is the case in Phoenix that saw Bishop Thomas Olmsted strip St. Joseph's Hospital of its Catholic identity when the hospital approved an abortion to save the life of the mother. The hospital didn't close, nor did it change its name or break ties with its healthcare network, Catholic Healthcare West (which has since changed its name to Dignity Health). More importantly, St. Joseph's still maintains the same Catholic mission and values it has always had and it still follows the Ethical and Religious Directives for Catholic hospitals.
Catholic universities are in a similar situation, as most have been established by a religious order. A recent report by the National Women's Law Center found that a number of Catholic universities already offer some form of contraceptive coverage to employees. The University of Dayton, a Marianist university in Ohio, announced that it has had health insurance coverage of contraceptives for 20 years and has no plans to change the coverage it offers employees. The Association of Jesuit Colleges and Universities, which oversees 28 Catholic institutions in the United States, issued a statement saying they are satisfied with the president's accommodation on the mandate. Not all Catholic colleges and universities are happy, but it doesn't sound like we're in danger of massive closings.
That just leaves social service agencies, which are in most cases also incorporated separately from a diocese. In Chicago, for example, Catholic Charities is a separate 501(c)(3) organization, which raises funds separately from the archdiocese and receives the largest share of its income from government agencies. And what would happen if such a group were placed at odds with church teaching? A recent example can be found elsewhere in Illinois, where the Diocese of Belleville's social service arm ended its Catholic affiliation over a state law that would require state-contracted adoption and foster care services to place children with same-sex couples. The organization changed its name from Catholic Social Services to Christian Social Services of Southern Illinois and no longer has a direct link to the diocese, but they do maintain the same mission and values. And they still provide a range of programs to help people in need.
Hopefully no organization will be forced to shed its Catholic affiliation or be disowned by a local bishop over the government's health care insurance regulations. But those that do choose to follow the law, even against a bishop's wishes, won't necessarily abandon their Catholic mission. And even though bishops may threaten that the law will mean those institutions will be wiped from the pages of diocesan directories, that doesn't mean the organizations themselves will cease to exist.


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Man Straps Wood To His Truck Tire, Then Steps On The Gas, Revealing Neat Trick
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Man Straps Used Wood To Truck Tire To Get Out Of The Mud
December 26, 2017
There are times in life when being bogged down in a muddy rut is just an opportunity to regain traction and make strides. Sometimes you can pull yourself out without aid or assistance, while other times you have no choice but to grab an old piece of wood and strap it to your heavy truck's tire to get the job done.
There's perhaps no greater feeling of helplessness than when your car or truck's accelerator is slammed to the floor, but the only response is the whirring of tires and the absence of movement. A Facebook user named Dan Mengedoht posted a video that shows a truck driver demonstrating a simple solution to this very predicament.
As the video shows, if you ever find yourself in the middle of a muddy field and your truck tires can't get a grip, add some lumber into the equation. The clip picks up after the ad hoc truck modification has taken place. The low rumble of the idling motor sets the soundtrack for the motionless truck tire adorned with the white wooden beam.
Then, the driver steps on the gas.
As the truck tire turns, the piece of wood catches the seemingly stable earth that flanks the muddy rut on both sides, lifting the heavy vehicle up and propelling it forward. Another tire rotation, another progression toward the truck's impending escape from muddy purgatory. A clever tip that anyone in a similar predicament can implement — but this driver isn't the first person to use such an approach.
Some tanks that date back to World War I are equipped with what's known as "unditching beams," which are large wooden beams that help tanks dislodge themselves when they are stuck in the mud. It's an effective approach for military tanks, but make sure that you know what you're doing if you try this on your own truck so that no damage occurs to your vehicle, or anyone nearby.
Mengedoht's video has gained a lot of traction as well. Since the clever clip was posted on Sept. 3, 2015, the video has amassed over 19 million views. Perhaps the video's popularity stems from the fact that we have all found ourselves in a muddy situation we weren't sure how to get out of. Ruts in life can often parallel ruts in a muddy field, but sometimes, it just takes a little bit of creativity — and a spare piece of wood — to climb our way out of them.
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In the context of 'Europe 2020', the EU's strategy for smart, sustainable and inclusive growth, the Directorate-General for Enterprise and Industry is working towards five general objectives: to strengthen Europe's industrial base and promote the transition to a low carbon economy; to promote innovation as a means of generating new sources of growth and meeting societal needs; to encourage the creation and development of SMEs and encourage an entrepreneurial culture; to ensure an open internal market for goods; and to support the European presence in space.
Commission expert groups are consultative entities, set up by the Commission or its departments, comprising at least six public or private-sector members, which are expected to meet more than once. The role of expert groups is to provide advice and expertise to the Commission and its departments in relation to:
- the preparation of legislative proposals and policy initiatives (Commission's right of initiative);
- the preparation of delegated acts, as referred to in the Communication on the implementation of Article 290 of the Treaty on the Functioning of the European Union;
- the implementation of existing EU legislation, programmes and policies, as well as coordination and cooperation with Member States in that regard.
Please see the description of the call for more information.


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AF4B150F Series with 500 mW Output Reduces Size and Cost, Increases Reliability of EDFAs used in Rich-content Distribution Services
Anritsu Device Company Ltd. introduces the AF4B150F Series, 1.48- m LD modules that deliver an industry best 500 mW output power in an industry standard butterfly package. The high output of the AF4B150F Series, as well as its overall performance and reliability, make it well suited to serve as a pumping light source for EDFAs (Er Doped Fiber Amplifiers) used as repeaters in rich-content distribution services, including optical CATV and Gigabit Ethernet-Passive Optical Network (GE-PON) systems.
Because the AF4B150F Series provides unprecedented output power, it can be used as a replacement for multiple pumping light sources used in conventional EDFA designs. The result is EDFAs that are smaller in size, more reliable, consume less power, and are more cost effective. Furthermore, the AF4B150F is fully compliant with the EU RoHS Directive to assure environmentally safe use.
Anritsu used its long experience in optical device R&D and manufacturing technologies to develop the AF4B150F Series. Since these modules use the industry standard 14-pin butterfly package commonly adopted for pumping light sources, manufacturers can easily drop a single AF4B150F module into high-output EDFAs without altering designs. Additionally, because the AF4B150F modules offer high output power, they also have applications in endurance testing of passive optical devices, as well as in non-communications applications such as optical fiber power supplies, as a light source for sensors/instruments, and light detection and ranging (LiDAR) applications.


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So I'm making a little LOGO system again, this time in elisp.
Ideally you could even have source code that spits out diagrams for more visual parts of a program by embedding small elisp snippets.
Or perhaps you could use it to create elisp games that need a more visual presentation. (I know there is a way to have it read SVG files after exporting them )
I just think it is kind of an *ah ha!* moment to have source code that generates some pictorial documentation when you run a program.
This is useful when you are working with things easily described with pictures.
I've still got to write a function to export .SVG but I've worked with the format before and it is simple to write a small subset.
Please feel free to hack and help if anyone wants.


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Monday, Jan. 21 – Be prepared for some delays if you are traveling westbound to Beaumont on Interstate 10 today. According to TxDOT spokesperson Marc Shepherd, the westbound left lane between Rose City and Beaumont will be closed for road work being done on the Neches River Bridge, also known as the Purple Heart Memorial Bridge, today and possibly Tuesday, Jan. 22.
At approximately 9:30 a.m. this morning, westbound traffic was backed up from the bridge to Rose City with a sweeper and road crew at work close to the downtown exit in Beaumont. Shepherd said the lane closure is temporary and necessary due to a cleanup and repair endeavor after last week's demolition of one of the two concrete barriers between eastbound and westbound traffic on the Neches River Bridge. He explained that because only one lane is closed, the workers are able to perform the task during the day. He said anytime two lanes must be closed, causing traffic to be restricted to a single lane, the work must be done at night.
Shepherd confirmed that traffic on the bridge would likely go down to two lanes eastbound and two lanes westbound by late February, weather permitting. He expects it to stay that way for "a little over a year" while workers demolish and rebuild the eastbound section of the bridge.
[1] http://theexaminer.com/users/sharon-brooks
[2] http://theexaminer.com/sites/default/files/Road%20work%20ahead.jpg
[3] http://theexaminer.com/stories/news
[4] http://theexaminer.com/tags/lane-closure
[5] http://theexaminer.com/tags/neches-river-bridge
[6] http://theexaminer.com/tags/purple-heart-memorial-bridge


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Tim DeChristopher: The Climate Movement Needs to Step It Up
Speaking at Power Shift 2011, activist Tim DeChristopher says it's high time the environmental movement stop just making statements–and start taking a stand.
Video from energyaction on YouTube.
Two years ago, Tim DeChristopher prevented 22,500 acres of public lands in Utah from being auctioned off for oil and gas extraction when he placed bids he couldn't pay. The Department of Interior later called the auction illegitimate, but DeChristopher was still recently convicted of two felonies for his acts of civil disobedience that day. He is awaiting his sentence, which could be as many as 10 years in jail.
Now, speaking at Power Shift 2011, DeChristopher asks, "Where is the point when our movement is going to say that stopping this injustice is more important than my career plans, is more important than my comfort and convenience?"
Facing jail time for civil disobedience, Tim DeChristopher on why "we have more than enough power" to stop the fossil fuel industry.
An interview with Wendell Berry midway through his four-day sit-in in the Kentucky governor's office in protest of mountaintop removal coal mining.
Shrimper Diane Wilson might be going to jail for her high-profile protests against BP. Why is she so sure it's worth it?
Bill McKibben: Making nice doesn't work. It's time to try something else.


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Whether you're throwing a party or just shopping for groceries, save money on soft drinks with our daily deals on best-selling brands including Coca-Cola, Pepsi, Schweppes and Tru Blu. Find savings up to 40% on your favourite soft drinks from local sellers wherever you are in Australia, rather than paying more in the high street.
We have low price deals on popular soft drinks in bottles and cans, from individual 1.25-litre and 2-litre bottles to multipacks of 24 or 30 cans perfect for parties and barbecues. If you're looking for sugar-free options, our retailers stock zero-calorie soft drinks such as Pepsi Max and Coke Zero, and we also have offers on mini 200ml cans for kids.
Buying soft drinks from our local retailers could save you money on multipacks, with various money saving deals like on 1.25-litre bottles of Coke, Sprite and other soft drink varieties and new offers every month. Browse our current soft drink deals to find the best prices on premium brands like Appletiser with no added sugar or preservatives, and Australian favourites like LA Ice.
Combine your soft drink purchase with other beverages in our catalogue to enjoy more savings on fruit juices, energy drinks, bottled water and coffee. If you're stocking up on party supplies, we also have special offers on snacks to go with your soft drinks and a range of decorations for indoor and outdoor use. Also check out our deals on glasses and other kitchenware to serve your soft drinks in style.
To read Soft Drinks reviews check out the Lasoo blogs for daily professional and consumer New Zealand product reviews.


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Blake Fagan, M.D., has been working in residency education for 13 years and discovered early on in his teaching career that many family medicine residents have a gaping hole in their education when it comes to personal finance. In an upcoming free webinar, residents can learn firsthand how he managed to fill that void.
"It occurred to me one day that students can go through high school, undergraduate studies and medical school and never take a personal finance course or even have a one-hour lecture on the topic," Fagan said in an interview with AAFP News.
"And just because you're a physician doesn't mean that you have any financial acumen," he added.
Fagan, residency director at the Mountain Area Health Education Center in Asheville, N.C., set out some 12 years ago to help close that knowledge gap for his residents by creating a presentation on personal finance tailored just for them.
That simple presentation received "overwhelmingly good reviews," Fagan recalled, and so over the past decade, he's tweaked, updated and shared the information in various venues.
Soon, Fagan's personal finance tips will be available to family medicine residents nationwide thanks to a free one-hour AAFP webinar titled "Personal Finance for Residents: What You Don't Know Can Hurt You" that is scheduled to air on May 14 from 5:30-6:30 p.m. CDT.
The 500 available slots are filling fast, though, so register today(www3.gotomeeting.com). An archived version of the webinar will be available to residents unable to tune in to the live event, and details on how to access the archive will be made available soon.
Fagan's financial expertise will empower residents to get a handle on their finances in a life-after-residency world by covering topics such as
- securing disability insurance when landing that first job,
- beginning a retirement savings program immediately, and
- using common sense when house and mortgage shopping.
"Young physicians going from residency to their first job often triple their salary," said Fagan. "But just because a bank tells them they can get a loan that's three times their base salary doesn't mean they should do it," he added.
Fagan's message has resonated with those who've heard his presentation, apparently, with one resident having told him, "This was the most important lecture I had in residency because it's going to impact my life and my family's life."
More From AAFP
Lifestyle & Income
Additional Resource
Association of American Medical Colleges: Manage Your Finances(www.aamc.org)
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UPDATE: Add Battleground Texas to the list of groups with a "We Want Wendy" campaign.
"You can't win big elections without great candidates. And Wendy Davis would be a great candidate for governor," said an email from Jenn Brown, executive director of Battleground Texas, to supporters.
"Texas voters are waiting for a candidate like Wendy to step up and do something no Democrat has done for more than two decades in this state: win a statewide race," Brown wrote. "I believe she can do it. But before she makes a decision, Wendy needs to know that you're behind her. Ask her to run for governor, and claim your free 'We Want Wendy' sticker."
Davis staffer Sonya Grogg said by email, "Wendy is honored by the support and enthusiasm of so many individuals and organizations across Texas. Texans are ready for new leadership, and are making their voices heard."
Grogg said a day earlier that an "official announcement" of Davis's plans will come soon after Labor Day.
UPDATE: It's a good day to launch a Wendy-Davis-for-Governor campaign, it seems — at least if you're a Davis supporter. The potential candidate is still holding her fire.
The same day Annie's List unveiled its campaign to urge Davis to the top of the ballot, the Texas Democratic Party launched an effort to allow people to show their support for such a run.
Texas Democratic Party Chairman Gilberto Hinojosa said in a statement:
"You can't go anywhere in this state without hearing Texans say that they want Wendy Davis to be their next Governor. Texas is ready for a change – and ready for a leader who will fight for good schools for our children, equal pay for equal work, and for healthcare for our families. Senator Davis is that leader.
"We know she can win this race. Wendy has faced long odds before — and they've never stopped her. But before she decides to run, we need to show her that we have her back. Texans are excited to do the work to elected Wendy as our next Governor. And today shows just how excited they are."
Party spokeswoman Tanene Allison said the efforts are being driven by grassroots energy.
The pressure is mounting on Sen. Wendy Davis of Fort Worth to run for the Democratic nomination for governor.
Annie's List, whose self-described goal is electing progressive Democratic women, said Tuesday it has launched a campaign to encourage her to aim at the Governor's Mansion.
The group's executive director, Grace Ann Garcia, said it recruited Davis to run an uphill battle for state Senate in 2008 and since then "has always had her back," providing training, staff and more than $665,000 for her campaigns.
"Everywhere we go across this state, Texans are raising their voices to encourage Wendy to run for governor. WeWantWendyDavis.com gives a vehicle to the groundswell of support she has and the desire that Texans have for a candidate who will fight for the middle class, women, and education here in Texas," Garcia said in a statement.
The website features a photo of Davis with Democratic Senate colleagues under the words, "We Want Wendy! Education. Health Care. Equal Pay."
It urges, "Sign up to let Wendy know that she should run for governor. And that if she does, we've got her back." It provides a chance to donate.
One of the lawmakers in the photo, Sen. Royce West, D-Dallas, put in a word on Twitter Monday night, tweeting, "I'm trying to identify 1 million voters who think Wendy Davis should run for governor. Help me by retweeting this message."


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WND Exclusive
Man ordered to surrender guns – just for blogging!
'My life's in danger now. I can't defend myself, I can't defend you'
An Arizona man has filed a federal lawsuit against some of the state's top judges, claiming they're taking away his freedom of speech and right to own firearms, all because someone didn't like what he wrote on his blog.
"You can't suspend someone's constitutional rights [for blogging]," said Mike Palmer, who is bringing forth the legal action. "Everybody in America blogs or Twitters, so it's a First and Second Amendment issue."
The scenario started when Palmer, a 55-year-old Christian missionary from Phoenix, was online discussing "spiritual death" often referred to in the Bible.
Questions about guns? The ultimate searchable research guide to firearms and ammo is now on DVD …
But, according to the suit, a woman from Prescott, Ariz., Melody Thomas-Morgan, complained to authorities that Palmer was threatening her with "death," keeping that word in quotes in her legal filings.
Palmer explains, "It is true that the blog, 'That Woman Jezebel,' talks about spiritual life and spiritual death. … Spiritual 'death' as in 'The wages of sin is death.' (Romans 6:23) … It is not true that the blog ever mentions the 'death' of Miss Thomas-Morgan."
Judge Kenton Jones
Kenton Jones, superior court judge for Yavapai County, went along with the woman's harassment complaint and ordered Palmer to surrender his guns.
"The order says that I am not allowed to possess firearms or ammunition, and directs me to turn over any weapons to the Yavapai County Sheriff's Office," Palmer told WND.
Palmer indicated he does not own any weapons at this time, but when pressed on whether he had any guns previous to the order, he said, "No comment."
"I certainly want my gun rights," he added. "There is no law in Arizona which allows the courts to suspend any constitutional right, but in this instance, my Second Amendment right. And, of course, my life's in danger now. I can't defend myself, I can't defend you. I can't defend my fellow man."
Palmer's suit is seeking a restraining order that would grant him back his constitutional rights.
He wonders if the Christian nature of his blogging has anything to do with the action taken against him.
"Being a Christian seems to make me fair game," he said. "I bet if I were Muslim and writing about physical beheading on a blog, no judge would dare touch me with an injunction. Ironic."
Not only is Justice Jones named as a defendant in Palmer's suit, so are five other jurists on the state supreme court, including Chief Justice Rebecca White Berch.
The issue is reminiscent of another Arizona case, where a local judge ordered Michael Roth of Quartzsite, Ariz., to surrender his weapons because Town Councilman Joe Winslow was offended when Roth allegedly called the lawmaker a "turd."
In fact, Palmer has set up a blog called Michael's Law in honor of the Roth case to tell his own story.
Quartzsite Councilman Joe Winslow lists reasons he sought a restraining order against resident Michael Roth, claiming his entrance to town hall was blocked and that he was called a synonym for dog feces.
Winslow told Karen Slaughter, the elected justice of the peace for the region, what he wanted was that Roth and others with similar views "not be allowed to walk around armed. To me, I'm not a psychologist or psychiatrist, but I have been diagnosed with PTSD (post-traumatic stress disorder) … that's what I'm concerned with, that he's gonna get so far into my personal space that I'm gonna react without thinking. I'm not making threats or anything like that. I'm not proud of that, but it's the way I am."
"I know that I'm 71 years old," Winslow said. "I don't want to be a statistic, I don't want to go to jail and I don't want to go in the hospital. But based on my history of 24 years in the service, I am more concerned about my reaction to his aggression than anything else, especially now that I believe that he is carrying a handgun. His actions have demonstrated in the past to me that he is not in full control of his emotions."
After WND's coverage of Roth's case, Judge Slaughter eventually reversed her decision on the weapons ban, but Roth says she refused to dismiss his attorney fees.
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A former Hitler youth gives a chilling, but life-saving warning to America in "Defeating the Totalitarian Lie," just $4.95 today only!
Shut up, America! It's the end of free speech
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Penske Automotive Group Inc. raised its quarterly cash dividend to 20 cents per share from 19 cents.
The dividend is payable on Sept. 2 to shareholders of record on Aug. 11, Penske said today.
Penske has boosted its quarterly cash dividend regularly since May 2011, when it reinstated payouts -- at 7 cents a share -- following the auto industry's sales collapse.
"The increase in the dividend reflects our commitment to increasing returns for shareholders and reinforces the continued confidence we have in the strength of the auto retail market and our ability to continue growing our overall business," Penske President Robert Kurnick Jr. said in a statement.
Separately, the company named a new member to its board of directors. Kanji Sasaki, former general manager of Mitsui & Co.'s First Motor Vehicles Division, Second Business Department, will fill the seat left by the resignation of Yoshimi Namba, who is returning to Mitsui.
Mitsui, a Japanese trading house, owns 17.2 percent of Penske Automotive, making it the company's second-largest shareholder.
Automotive News is a sister publication to Crain's Detroit News.


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Drama featuring Maax - Worried About Me Official Music Video Directed by ANTUKS
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