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History of the Boehm Collection
The Dolph Briscoe Jr. Library houses a collection of fine porcelain sculptures created by world renowned artist and sculptor Edward Marshall Boehm. The 15 Boehm sculptures were donated to the University of Texas Health Science Center by Mrs. Edward Marshall Boehm on January 26, 1973. A reception honoring Mrs. Boehm on the occasion of the presentation of the gift was held in the Auditorium Foyer on September 7, 1973. The sculptures were originally placed in the President's suite and in the auditorium, but were moved to the Briscoe Library in 1997 at the suggestion of Dr. Virginia Bowden, Library Director, when one of the birds was damaged in their previous location. The Briscoe Library is fortunate to house and display these sculptures; they can be found in various locations in the library.
Edward Marshall Boehm: Biography of an Artist
Edward Marshall Boehm was born in Baltimore and orphaned at the age of seven. He showed some artistic ability at an early age, but it was not until after World War II that he was drawn to the art of sculpture which would be his vocation. Working in a convalescent home for returning soldiers, he first picked up a ball of clay and realized that this would be his medium. Before the war, he had had some success as a cattle breeder, and it was his familiarity with animals and his eye for their structural composition that contributed to his skill with sculpting animals. He was attracted to the art of porcelain sculpture and, after visiting some porcelain factories in Trenton, New Jersey, became determined to set up his own factory. In the basement of his home, he developed a formula for an excellent porcelain and began producing sculptures. His wife, Helen, became his distributor, sales manager, and public relations voice, but the pervasive prejudice against American-made porcelain which existed at the time was difficult to overcome, and they struggled, their finances dwindling. Their breakthrough came in 1951, when the Curator of the American Wing of the Metropolitan Museum of Art in New York purchased two statues for the museum's collection, thus giving an authoritative endorsement of Boehm's art. Still, it was not until 1955 that Boehm's company really began to grow. By the time of Edward Marshall Boehm's death in 1969, he had seen his porcelains placed in the permanent collections of many of the world's most important museums and galleries. Today one can view Boehm's sculptures in the Metropolitan Museum of Art, the Hermitage, the Smithsonian, and the Tokyo National Museum. In 1992, a wing in the Vatican Museum of Art in Rome was named in memory of Edward Marshall Boehm; he was the first American to receive that honor.
- (2009). Retrieved from Boehm Fine American Porcelain: http://www.boehmporcelain.com
- (2009). Retrieved from Wikipedia: Edward Marshall Boehm: http://en.wikipedia.org/wiki/Edward_Marshall_Boehm
- Cosentino, F. J. (1960). Boehm's Birds : The Porcelain Art of Edward Marshall Boehm. New York: Frederick Fell, Inc.
Fine Porcelain Creation
The name "porcelain" was given to translucent vitrified stoneware in China by the explorer Marco Polo in the 13th century. He thought that it resembled a certain seashell named genus porcellana because of its high gloss and translucency. Porcelain is made up of a high temperature (2400° F) fusion of fine white clay and feldspar. To make a sculpture like the Boehm birds, the figure is first modeled in clay or wax. A mold is made from the figure (or many molds in the case of complex figures) and a cast is made by pouring the fine porcelain mixture into it. After the lining of this mold has hardened, the liquid center is poured out, and the mold is removed. At this time if the model was made in sections, the sections are assembled, and fine details are added by hand. The figure is placed in a kiln for twelve to 24 hours, then cooled for three days. At this time it is in its "bisque" state, and may be colored and then glazed, if desired.
- Cosentino, F. J. (1960). Boehm's Birds : the Porcelain Art of Edward Marshall Boehm. New York: Frederick Fell, Inc.
- Duffy, M. (1971, May-June). Of Clay & Fire : Conservation in Ceramics. Louisiana Conservationist Magazine.


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Category Archives: Shorcut files recover
How to get rid from "Shortcut Virus"!!!!!
Shortcut viruses are very irritating viruses,that converts the files and folders on usb drive and other flash drives into shortcuts after plugging into the infected computer.This makes the user unable to access the files and folders on their usb drive.Many good antivirus like Mcafee,AVG are unable to stop these viruses.
Today i am going to tell you these two things:-
1)How to remove this virus from your PC?
2)How to recover back your files which have been converted to shortcuts?
How to remove this virus from your PC?
Just download the keygen,open it and click on generate.After that open the malwarebytes and click on activate.Now copy the ID and KEY from the keygen and paste it in the malwarebytes.Now you have a pro version of malwarebytes.Just select "Perform full scan" in Malwarebyte's console and click on scan,this will run a full scan on your pc.After the scan is completed delete the threats found.Now your pc is virus free.

subset: commoncrawl


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Dr Livingstone's Safari-Flight
Old-Time Fun Fair
For bush pilots on a mission and those who want to become a bush pilot. The drum is calling.
A very special attraction for all children at the Old-Time Fun Fair: the very small and bigger pilots can fly the African explorer planes themselves and every now and then land on a small lake. Don't worry - the machines are seaplanes with real floats.
- Indoor or roofed
- For disabled guests
safety instructions
Spinning aerial ride featuring guest-controlled airplanes.
For children up to 10 years
Children up to 4 years must be accompanied by an adult.
Due to the nature of the experience you should be in good health and of sufficiently strong muscles.
The following persons are not permitted on the ride :
Persons under the influence of alcohol, drugs or psychopharmaceuticals.
Each gondola has a loading capacity of max. 3 children or 1 adults and 1 child.
Sit calmly and upright during the ride.
The hip strap is to remain closed during the ride.
It is not permitted to stick out arms and/or legs or stand up or lean out during the ride.
Clothing and footwear required.
No umbrellas, (walking) sticks, sharp or bulky objects.
Exit after every ride.
No food nor drink.
No animals.
No smoking.
The entire site is monitored by cameras.
Before you use the attraction, please note the ride description, safety warnings, possible access restrictions and how to behave in a safe manner posted at the entrance to the attraction.
The use of our ride attractions by adults is not generally subject to any weight restrictions. However, you must be able to properly close all safety lap bars and other safety devices so that you can sit in a normal sitting position.


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The two most elementary ways to prove an N x N matrix's determinant = 0 are:
A) Find a row or column that equals the 0 vector.
B) Find a linear combination of rows or columns that equals the 0 vector.
A can be generalized to
C) Find a j x k submatrix, with j + k > N, all of whose entries are 0.
My minor question is: Is C a named theorem that one can easily reference?
My major question is: Are there are other canonical ways of proving a determinant = 0?
The context is that I'm trying to solve the generalized form of what was, as stated, a very easy Putnam Exam problem, and I last took a linear algebra class in 1974.
In response to comments below, let me say: - Thanks! - This isn't about computational efficiency. - Frobenius-Koenig looks very helpful.


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Blog Archive
- ► 2018 (17)
- ► 2015 (26)
- ► 2014 (64)
- ► 2013 (124)
- Apple Cider Photo Shoot
- Saucesational – An Experiment in Applesauce: Ginge...
- Saucesational – An Experiment in Applesauce Zestar!
- The Apple-Azing Race Prize Package
- Craft-Apple-Ar and Vintage Flea and Finds Market –...
- Peach and Tomato Salsa Recipe
- Kraut Day 2012
- Down N Dirty Diva's at the Dirty Girl Mud Run
- Salsa Day Summary & Winner(s)!
- Saucesational- An Experiment in Applesauce: Dandee...
- Pick Your Own Canning Tomatoes
- Tomato, Basil & Mozzarella Stuffed Grilled Mushroo...
- Salsa Saturday – August 18th!
- Pick Your Own Raspberries Photo Shoot
- FAQ Apple-Azing Race
- Saucesational- An Experiment in Applesauce: Scarlet
- Kids in the Garden – Week 8 – Rain, Rain, and more...
- Tomatillo Salsa Verde Recipe
- Cucumber-Tomatillo Salsa Recipe
- Caramel Apple Photo Shoot
- Kids in the Garden – Week 7
- Apple Cider Donuts
- ▼ August (22)
- ► 2011 (119)
- ► 2010 (95)
- ► 2009 (167)
Informative Blog Posts
Sauce-Sational: An Experiment in Applesacue
- Akane
- Arlet (Swiss Gourmet)
- Baker's Mix - August
- Baker's Mix - October
- Bella
- Bonnie's Best
- Braeburn
- Cameo
- Chenango Strawberry
- Cortland
- Cox Orange Pippin
- Crimson Crisp
- Crimson Gold
- Dandee Red
- Duchess
- Empire
- Fireside
- Frostbite
- Fuji
- Gala
- Ginger Gold
- Golden Delicious
- Golden Supreme
- Granny Smith
- Haralson
- Hazen
- Honey Gold
- Honeycrisp
- Idared
- Jonagold
- Jonamac
- Jonathan
- Jumbo
- Keepsake
- MacIntosh
- Macoun
- Melrose
- Northern Spy
- NW Greening
- Overall Summary
- Paulared
- Red Gravenstein
- Regent
- Sansa
- Scarlet
- Shizuka
- Silken
- Smokehouse
- Smoothee
- Sno (Famuese)
- Snow Sweet
- Spartan
- Sweet 16
- Tolman Sweet
- Valstar
- Wealthy
- William's Pride
- Wolf River
- Zestar!
Popular Posts
The 2018 apple season started out with not the best weather – it rained and rained and rained some more. One afternoon on a whim, my mother...
The Northern Spy is a variety we're just finally starting to get a decent crop off. Northern Spy is an heirloom apple that characteristical...
The Crimson Crisp is another new variety in our shop this year. It seems to me that the majority of the people that sample them end up buyi...
Many people have asked for the story of how our orchard came to be. In the late 60's Frank was in the Navy, and was stationed at the Bremer...
For all current information on Lapacek's Orchard please visit our new website www.LapaceksOrchard.com Thank you all so much!
Since the orchard now has ground cherries, I wanted to share this easy jam recipe. Ground cherries are delicious as a raw fruit, but they ma...
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Lapacek's Orchard In the News!
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Sunday Recipe's
- Amish Apple Grunt
- Apple Butter Madness
- Apple Cheddar Bread
- Apple Chicken Salad/Sandwiches
- Apple Cider Donuts
- Apple Crisp Parfait
- Apple Danish Pastry Bars
- Apple French Toast
- Apple Fritter Rings
- Apple Harvest Blondies
- Apple Nut Bread
- Apple Pecan Quick Bread
- Apple Pie Cake
- Apple Pie in a Jar
- Apple Raisin Loaves
- Apple Salad with Blue Cheese Dressing
- Apple Strudel Puff Pastry
- Apple Toss
- Apple Upside-Down Cake
- Apple-Jalepeno Preserves
- Apple-Pecan Cheesecake
- Baked Oatmeal
- Bavarian Apple Torte
- Blueberry French Toast
- Blueberry-Raspberry Streusel Muffins
- Brandied Apple 'N Cream Cheese Pie
- Caramel Apple Bars
- Coconut Apple Cake
- Cranberry Apple Bread
- Cranberry Apple Salad
- Creamy Apple Squares
- Crispy Festive Apple Salad
- Cucumber Tomatillo Salsa
- Dill Dip
- Dinner in a Pumpkin
- Easy Waffles
- Egg-cellent Apple Salad
- French Apple Pie
- Fresh Apple Salsa
- Great Apple Dessert
- Great Apple Dessert
- Hot Cinnamon Cider
- Hot Pirate Cider
- Kelly's Favorite Apple Pie
- Maple Roasted Acorn Squash
- Marinated Zucchini Salad
- Microwave Apple Muffins
- Pumpkin Cheese Ball
- Pumpkin Gingerbread
- Pumpkin Pie Cake
- Quick Apple Dumplings
- Scalloped Apples
- Sour Cream Apple Coffee Cake
- Spiced Apple Bagel
- Spicy Apple Pancake with Cider Sauce
- Strawberry Chocolate Mint Lemonade Cooler
- Tangy Ham in Cider
- Tomatillo Salsa Verde
- Warm Apple Pudding
- Wilted Swiss Chard with Fresh Basil
- Zucchini Bread
Where Can you Find Us?
(608) 635-4780
Apple Cider Photo Shoot
Have you ever wondered how we make our delicious, amazing, incredible unpasteurized apple cider? Well – today is your lucky day. Last season, Cory from Friends in Photography visited us during a pressing session and got some shots of the entire process. Enjoy! First, the apples are dumped into an elevator. The elevator brings the apples up high and then dumps them into the grinder. The grinder catches the apples as they fall and grinds them up with big metal 'keys' almost and crushes them into a mushy pulp. Jared pumps that pulp into the stacks of pressing trays and wraps them with porous clothes. You can see that the pulp is so juicy it starts to drip out before the pressing even begins.
Once Jared has the trays stacked to the proper pressing height he attaches a rope to them. He then cranks the loaded apple pulp trays underneath the hydraulic press. The press pushes down on the trays and squeezes as much juice out of the apple pulp that is imaginable. While one set of trays is pressing, Jared starts to load a second and continues this process all through the evening.
When the pulp has all the juice squeezed out of it Jared empties the pulp into a bucket to dump. It's amazing just how dry the pulp is. When the pressing of the apples first begins, we are busy on the other side of the room getting all of our jugs properly labeled. We do all of our labeling by hand. Each time we press cider I have to estimate how many 1/2 gallons, quarts, and pints we should fill. I always do these first and whatever cider is left goes into the gallon containers. We fill each jug by hand. We have a system of hoses and pumps that brings the cider from the bulk tank it goes into after pressing to the shut off valve filler I use to fill the jugs. It's a bit of an art filling the jugs. You don't want to fill them too low so you have to hand pore cider from another jug to get it to the top and you don't want to fill it too high so it overflows or spews out all over the place. I've gotten pretty good at it but I have a hard time focusing so I may overfill one or two times throughout the night (okay…maybe three or five). Did you notice? All we do to make our apple cider is press it – we add nothing – no sugar, no preservatives – just squeeze out the juice and jug it. Once the cider is filled and lidded, we put them into the apple crates to bring back to the other shed to the storage cooler or the store cooler for selling. Sometimes folks will bring us their carboys over for filling so they can make hard cider or wine. We're happy to do this. It saves jug and lid costs for our customers and it's easy for us to fill these big containers.
So now you know – how we make our unpasteurized apple cider at Lapacek's Orchard.
Thanks again Friends in Photography for the great photo story!
Saucesational – An Experiment in Applesauce: Ginger Gold
This apple also seemed to cook like a Golden Delicious – it really kept it's shape. Here's a foggy picture of the sauce after 2 hours in the slow cooker…I put the camera too close to the cooking apples and it fogged up… :) Another view of the pot after two hours of cooking.
I let the apples cook for another hour and it eventually got a bit mushier but it did make a really nice chunky sauce.
It was a sweeter sauce with just a hint of tartness to it. I enjoyed it quite a bit…not quite as good as the Zestar sauce but definitely delicious.
Past Apple Tests:
Saucesational – An Experiment in Applesauce Zestar!
I didn't manage to snap a picture of any part of this applesauce process for the Zestar! but I can tell you – I really enjoyed the sauce they made. It was quite incredible. There was just a real depth to the flavor of the sauce, good texture –not super chunky, not too smooth. It almost tasted like there was more than one kind of apple mixed in. If you want an apple that is good for eating and sauce making – I would go Zestar! this time of year for sure.
Past Apple Tests:
The Apple-Azing Race Prize Package
Instead of 'Racing to the Finish' to be the winner, each team will be timed at each station. Time sheets will be turned in at the end and points awarded accordingly. The team with the most points at the end will win the 'Grand Prize'.
Grand Prize Package
Amazing book page prints from The Bookish Life:All that is gold does not glitter - J.R.R. Tolkien quote on The Fellowship of the Ring book page
Not all those who wander are lost - Tolkien quote on The Fellowship of the Ring book page
$20 Gift Certificate from Hydro Street Brewing Company in Columbus(watch their little video on the website – I love it!)
Gift Certificate from Windsor Breads plus a bunch of yummy goodies and a mug!
The first 20 teams to register will get a free sub from Subway of Poynette!
Four Maze Passes for Creek Bed Country Farmacy
An incredible Goody Bag from the Poynette Area Public Library.
Goodie bag from The Glitter Workshop
$20 to spend at Persimon Dreams or TheApple(online or at our store)
$25 to spend at Lapacek's Orchard
Stop by often – I'll be finalizing some of the details of these prizes and hopefully adding even more!
Don't forget – I need teams to PRE-REGISTER by August 29th – that's just 6 days away!
Craft-Apple-Ar and Vintage Flea and Finds Market – THIS SUNDAY!
Here's a little 'sneak' peak at some of the vendor's you'll find there…(I didn't have pictures of everyone's work so some will just have to be a surprise when you get here!):
Glitter Workshop
Booth 121
Funky Old Junk
Silly Rebel Celebrates
photo taken by Funky Monkey Photography at the 2011 Craft-Apple-Ar
Sugarbomb Dessert Company
Source: Uploaded by user via Kim on Pinterest
Full Moon Farm
Jenny Blasen Pottery
Hannah James
Carra Davies
Kathy McComb
Katie G. Meyer
The Painted Daisy
SassMama Arts
JSDesigns Studios
Persimon Dreams
The Apple
at Lapacek's Orchard
N1959 Kroncke Road, Poynette WI 53955
Peach and Tomato Salsa Recipe
4 medium peaches, peeled and pitted
2 large tomatoes, cut into wedges and seeded
1/2 onion, cut into wedges
1/6 cup of dried cilantro from Penzey's Spices
2 garlic cloves, peeled and crushed
1 jalapeño, chopped
1/2 chili pepper, chopped
4 teaspoons cider vinegar
1/2 lime, juiced
Baked tortilla chip scoops
This was one of the salsa's that I made for Salsa Saturday. I had quite a few requests for this recipe so here it is:
Peach and Tomato Salsa
In a food processor (I used my blender), combine the first five ingredients; cover and pulse until coarsely chopped. Add the peppers, vinegar, lime juice and pepper; cover and pulse just until blended. Transfer to a serving bowl; chill until serving. Serve with chips. Yield: 4 cups.
Kraut Day 2012
Have you ever wondered how Sauerkraut is made? Well – you're opportunity to find out and even make your very own is here!
What: Kraut Day
When: Saturday, August 25th from 1pm to 5pm
Where: Lapacek's Orchard, N1959 Kroncke Road, Poynette, WI
Help make the kraut (sauerkraut).
Take home a bucket of kraut (about 6 quarts) to ferment at home.
Fermentation takes 6 to 8 weeks.
You'll leave with instructions to can or freeze your kraut after
fermentation is complete. Or just put it in the frig and eat it over
the next few months.
Cost is $12 per bucket of kraut.
Bring the whole family. Make one bucket or several. Stop by anytime between 1 to 5 on Saturday afternoon to make your bucket or buckets.
What's Happening?
Down N Dirty Diva's at the Dirty Girl Mud Run
Some of you may have noticed that yesterday morning I wasn't working at the apple store (this is Kim writing).
Instead, I woke up bright and early and headed to Waukesha WI to do something I've never done before – a 5K Mud Run, the Dirty Girl. Me and over 8,000 other woman gathered at the Waukesha Expo center on Saturday or Sunday to run in this crazy, fun event. My friend, Amy, convinced me to join her team and do the run. Our group of 8 women made up the 'Down N Dirty Diva's. There were three of us from Poynette on the team. Here are three of us in one of the last muddy obstacles – army crawling in a big muddy pit under a cargo net. Throughout the 5K course we did many of these type of obstacles and got really, really, really, muddy. Seriously – really muddy!
One of the obstacles was climbing over a cargo net 'tent' type thing that went a good 20 feet in the air. I'm so not a fan of heights but I surprised myself and really had not problem with this obstacle at all.
Here's six of our group at the end of the course! Nice and muddy!
And here are the Poynette Girls at the finish line!
It was a great experience and I hope to do it again next year!


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IF Increase profit by $500 over normal daily income.
THEN Devote 100% of profits collected (in person or online) to install a high efficiency wood burning stove.
10 Dec 2013
The Book Farm, www.hennikerbookfarm.com
34 Old W Hopkinton Road
Henniker, NH 03242, USA
We are so excited to be planning the first Carrotmob in "The only Henniker on Earth", Henniker New Hampshire! The organization of the event is being done as a class project jointly between two courses at New England College: "Energy and the Environment" and "Methods of Environmental Education" – both are perfect fits for a Carrotmob! Students canvassed the town delivering applications to all locally owned appropriate businesses (i.e. not real estate offices).
The Book Farm (http://www.hennikerbookfarm.com/), a locally-owned used book store, proposed the perfect project for us. They want to upgrade their 50-year old oil-fired furnace to a high-efficiency, wood burning stove so that they can be completely free of fossil fuels for heating. They propose to donate ALL of the profits from the day of the mob to the energy improvements. Their enthusiasm and proposal made it easy to select them to be mobbed!
The Carrotmob will be on Tuesday, 10 December, from 10am to 6pm. People can visit The Book Farm at 34 Old West Hopkinton Road, can buy items online at their website (above), or can catch a shuttle from the front of the Simon Center at New England College directly to The Book Farm throughout the day.
We need to raise $500 to make this project work, so please buy a book for the holidays and help us help wean this local business off fossil fuels!
Thank you!
No updates yet!
Have ideas for Carrotmob? Experiencing problems on our site? Please use the form below. You can also reach us at: email@example.com. Your feedback is greatly appreciated. Happy mobbing!
The fastest and easiest way to join Carrotmob is by connecting with your Facebook account. You will also be able see what your friends are doing on Carrotmob and quickly share some of your activities with your network. To learn more about how this works, read this. If you are curious about the permissions we're requesting of your Facebook account, read this. Clicking this button will NOT post anything to your Facebook wall.


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These Philly one hit wonders made a big splash with "Expressway To Your Heart" from this 1967 album. It always reminded me of the Young Rascals. And most of this album does too. They do have some amazing Hammond B-3 organ work here,especially on a version of James Brown's "Please Please Please". Where the album gets most interesting is when the Indian classical and psychedelic soul influences come in.
Key Jams "Expressway (To Your Heart" and "Taboo-India"
Jackie Wilson's 1968 album reminds me of how close the musical flavors were between windy city soul and the Motown sound. Jackie was the link between the two as Berry Gordy wrote a lot of his big hits of the 1950's. This represents his most uptempo soul oriented album (with only two show tune styled ballads) of his late 60's comeback. And the Motown connection even begins the album with a version of "You Keep Me Hanging On".
Key Jams: "I Get The Sweetest Feeling","You Brought About A Change In Me" and "Nothing But Blue Skies"
Hendrix was near the end of his tragically short life and career when he appeared in this film. I actually liked the story of a young woman's journey to Hendrix's music through a political awakening. The soundtrack showcases how he and the Band Of Gypsies (Billy Cox and Buddy Miles) were about to change the game on the funk/rock sound the same way Hendrix and the Experience had a couple years earlier with psychedelia.
Key Jams: "Dolly Dagger","Earth Blues" and "Star Spangled Banner"
This beautifully arranged 1971 album by the post Diana Ross Supremes has some very loving liner notes from the now Sir Elton John. It actually showcases the revived trio's sound as focusing their mid tempo cinematic soul sound more towards an album than a singles focus as well.
Key Jams: "Nathan Jones" and "Happy (Is A Bumpy Road)"
This Ahmad Jamal 2 LP collection came borrowed from my father,who loaned it to me. It's a rare 1973 collection of Jamal's not entirely common three Impulse albums such as 1968's Tranquility and 1972's Outertimeinnerspace. A lot of these songs have an Afro Cuban/ Caribbean vibe with a does of soul jazz thrown in with Jamal's trademark cool,light piano touch. He even pulls out the electric piano on one occasion with amazing results.
Key Jam: "Bogota"
The Bar-Kays third and final album for Stax in 1974 was probably their most funkified overall thus far. They still had a lot of the psychedelic soul/rock touches that had them freaking out hard on their earlier albums. Yet the wah wah continued to let go big time on the title song,and the influence of Sly Stone and their penchant for funky impersonation started to show up on "Fightin' Fire With Fire" as well.
Key Jams: "Coldblooded","Smiling,Styling And Profiling" and "Be Yourself"
Leroy Bell's career arc from success to obscurity and back reads almost like fiction,as it turns out. In partnership with Casey James,the multi instrumentalist duo served up this 1979 album that didn't provide as big a commercial as they did on the hit "Livin' It Up (Friday Night)",but did really get down with some sleek Westlake studio sounding disco/pop/funk/soul straight out of the Off The Wall vibe. And with a lot of the same musicians playing on it as well.
Key Jams: "Shakedown","Laughing In The Face Of Love" and "Fare Thee Well"
Stephanie Mills 1981 album is one of those boogie funk classics where every song,especially the uptempo ones,stand on just about equal footing in terms of success potential. Reggie Lucus and James Mtume's writing and production help a lot in this degree. Even though it has it's predictable aspects,the strong sound and Mills' gospel/soul vocal chops really give this album quite a workout.
Key Jams: "Two Hearts" and "Top Of My List"
One thing I really admire about The Spinners is that they kept up with uptempo boogie and electro funk sounds even after the disco era-rather than focusing solely on slow ballads. This 1981 album,one of records very funky albums they put out that year,has perhaps even more harder driving funk material than their 70's hit period with Thom Bell. One of it's few ballads,"A Man Just Don't Know What A Woman Goes Through" even focuses on male sensitivity to the opposite sex when it comes to aging. Not to even mention closing with a good attempt at an early rap/funk hybrid.
Key Jams: "Long Live Soul Music" and "The Deacon"
Sun were among the handful of iconic Dayton,Ohio funk bands who came out of the late 70's. Each of these bands had their special qualities. This 1982 release being their next to last albums is actually the first Sun I've ever heard thus far. And want to hear more considering their own distinct approach to the P-Funk vibe they seem to have here.
Key Jams: "Slam Dunk The Funk" and "Super Duper Super Star"
Yes,this 1988 album was presented to me on the selling point that Tyka Nelson was Prince's sister. I knew all about Tyka before this,but not that she ever had a musical career. The overall vibe of this album is very much of a mid-tempo dance and ballad urban contemporary album of it's day. Tyka's soft,melodic voice actually carries these sleek numbers quite well.
Key Jams: "No Promises" and "Marc Anthony's Tune"


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You think it's hard being a Mac IT guy? Try being a WebObjects developer. Despite its ease of use, elegance, ridiculously low price, and variety of supported runtime environments, Apple's web application framework gets next to no respect from the public, or from Apple for that matter. It probably doesn't help that the highest-profile website to rely on the technology has an annoying habit of going completely offline for maintenance at the drop of a hat.
Nevertheless, there exists a strong community of WebObjects developers who continue to use the framework for new and interesting projects. On June 7 and 8, the WebObjects Community Association will host its annual get-together for WebObjects developers and enthusiasts at the Parc 55 Hotel in San Francisco. That's the weekend before this year's WWDC, in case you were wondering. Topics scheduled for discussion include developing with WOLips, the current replacement for Apple's WO toolset; localization for WebObjects apps; integrating AJAX, Cocoa, and Adobe Flex support; and bringing Swing and WebObjects applications together with JBND.
The full schedule will be available on the 11th of this month, but online pre-registration starts now at $350 and runs through May 22. If you're heading out for WWDC a little early and you're a Java or Ruby developer looking to broaden your skill set a little, you might be surprised by what you learn.


text: Sustainable Mullica, a grassroots non-profit green team, and the Mullica Township Primary and Middle Schools have joined together to create the Mullica Township Schoolyard Garden. Improving student nutrition, spontaneous learning, cooperative work on real tasks and community involvement are just a few of our goals. In a time when childhood obesity and less outdoor activity threaten the health and welfare of our children this is a powerful and worthwhile endeavor.


text:
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text:
Storming ministries, Libya's militias put pressure
TRIPOLI, Libya (AP) — Gunmen swooped in on trucks mounted with anti-aircraft guns and surrounded Libya's Justice Ministry on Tuesday, cutting off roads and forcing employees out of the building in the latest instance of powerful militiamen showing their muscle to press their demands on how Libya should be run more than a year after Moammar Gadhafi's ouster.
Over the past three days, militiamen stormed the headquarters of the Interior Ministry and state-run TV and besieged the Foreign Ministry while publicly calling for the removal of Gadhafi-era officials from government posts and the passage of the so-called "isolation law," which would bar from political life anyone who held any position —even minor— under the ousted autocrat's regime.
However, analysts and democracy advocates believe militiamen are using the isolation law as a way to get rid of Prime Minister Ali Zidan, who has vowed to restore the authority of the state and disband the armed groups that have become a power unto themselves in Libya. Many of the militias have an Islamist ideology, while Zidan is seen as more secular and liberal.
"In essence this is power struggle between liberals and Islamists. This is a very dangerous turn that could force Zidan to step down," said political analyst Saad al-Arial. "Each wants to push the other aside, and the way to do so is in parliament and in the street."
Zidan is backed by the Alliance of National Forces, a bloc that holds the biggest number of seats in parliament and is led by Mahmoud Jibril, a liberal-leaning figure who served as the opposition's prime minister during the civil war that eventually led to Gadhafi's ouster and death in the autumn of 2011.
With the oil-rich North African nation still trying to write a constitution and chart its post-Gadhafi path, the alliance has been locked in a power struggle with Islamists, including the Muslim Brotherhood.
The isolation law has become a significant battleground in the rivalry. An initial version of the law presented to the parliament, known as the General National Congress, would have been an entire ruling class from politics, even figures who had minor posts or left the government decades before the uprising against Gadhafi began in early 2011. Among those who could be affected are the congress head Mohammed el-Megarif, who was ambassador to India before defecting to the opposition in 1980; Zidan, who was a diplomat until he defected at about the same time; and Jibril, who was once an aide to Gadhafi's son.
A new version of the bill, posted on the congress' official Facebook page Monday, included a new article that gives parliament powers to exempt some figures from the law in apparent attempt to prevent removal of key figures.
"This law is made by the Islamists to get rid of Zidan and his group," said al-Arial.
The head of the Brotherhood's Justice and Construction Party, Mohammed Sawan, insisted on Monday that the final version of the law "will not have any exceptions and no one will be exempted."
He told The Associated Press that talks were ongoing among all factions in parliament on the bill. He denounced the use of arms in protests connected to the law but said, "The parliament has been slow in issuing the isolation law, and there are ministry officials and ambassadors who served under Gadhafi. So protesters are demanding them to leave."
The militias are rooted in the armed brigades that arose during the civil war to fight Gadhafi's army. But since his fall, they have mushroomed in numbers and strength, operating as local powers and often as outright gangs, though they claim "revolutionary" credentials. They often run their own prisons, detaining those they consider old regime supporters or criminals.
On Tuesday, militiamen sealed off the roads to the Justice Ministry in the capital Tripoli with their gun-mounted trucks and surrounded the building. Some of the gunmen stormed inside and ordered employees to leave. They sprayed graffiti reading, "Yes to isolation of (Gadhafi) loyalists." At the same time, a group of civilians marched on the parliament building, calling for the isolation law to be passed.
Activists said the gunmen targeted the Justice Ministry after Salah al-Marghan, the minister, gave a deadline for militias to hand over detainees they are holding to the state by June.
On Sunday, about 200 armed men surrounded the Foreign Ministry building with their gun trucks, demanding a new foreign minister, the removal of ambassadors who served under Gadhafi and the closure of Libya's embassy in Moscow, which they accuse of supporting Gadhafi's regime.
Also this week, gunmen stormed the Interior Ministry, which oversees police, and forced employees out. The men charge that the ministry is not paying them their salaries, according to an official in the ministry who spoke anonymously for fear of reprisal. Other militiamen broke into the main state-run al-Wataniya TV channel, forcing its employees out and halting live shows, pressing their demands for the removal of Gadhafi-era officials at the station.
"These groups don't speak for the Libyans and their will," said longtime rights advocate Hassan al-Amin, now in self-exile in London after resigning as head of human rights committee in parliament upon threats from militia. "Libyans want the political isolation in principle but through legitimate channels."
"These groups hijacked the legitimate demands of the Libyan people and want to exploit it for their interest," he said in a video clip posted on the Libya al-Mostakbal news website, which he heads.
The United Nations Support Mission in Libya urged all parties to "join the country's democratic transition," in a statement issued on Tuesday.
"UNSMIL urges all Libyans to adhere to constructive dialogue to resolve their differences in accordance with the principles of democracy as the way forward to achieving the goals of the revolution," it said.
The militias' moves over the past days forced parliament to suspend its sessions until May 5 — delaying its consideration on the isolation law and its debate over the process for writing a constitution. Libya had no constitution under Gadhafi and was instead ruled by his political manifesto, the Green Book. Before Gadhafi's coup in 1969, Libya was a constitutional monarchy with a parliament, constitution and king. Many Libyans are calling for return of the old constitution.
The state relies heavily on militias to serve as security forces since the police and military remain a shambles. The government pays the salaries of tens of thousands of militiamen, though that has done nothing to put them under the state's authority. They often act as renegades with their own agenda, enforcing their own rule over neighborhoods or towns, engaging in kidnappings and extortion and sparking gun battles with rival militias. Some have hardline Islamist ideologies and have become notorious for imposing Islamic law restrictions.
A researcher for Amnesty International, Cornor Fortune, said Zidan's government has shown "real political will to rein in the power of armed militias and put an end to rampant human rights abuses still plaguing the country."
But, he noted in a recent blog post, "the running joke made by many people we met in Libya is that the only way to get protection from abuses by a militia is to seek the help of another militia."
Michael reported from Cairo.


text:
Dec. 2, 2009
Court documents filed in Boston say Wal-Mart Stores Inc. has agreed to pay $40 million to 87,500 Massachusetts employees who claimed the retailer denied them rest and meal breaks, manipulated time cards and refused to pay overtime.
- DC Labor
To: Our Brothers and Sisters at LOC
Recently, the company held a number of meetings and distributed some misleading handouts aimed at combating the growing campaign to organize a union here at the Laurel Operations Center. We, the members of the in-plant organizing committee that initiated this effort, want to counter the false claims.
1. Union begins with us
This is not an effort to bring a "third party" into the plant. We want to unionize so that we ourselves are organized. We need our own independent voice on the job with representation that we elect and that is responsible to us.
2. Why we're doing this
For five years, Nestle hasn't bothered to offer raises that would keep pace with the rising cost of living and as a result we have all seen our earnings diminish.
⇒ The company instituted the new pay structure, reducing the categories to qualified and fully-qualified, which was a pay cut for the new hires and others since the opportunities for earning higher pay by gaining additional skills were eliminated.
⇒ Nestle imposed a 12-hour shift structure and many workers with decades of service to the company have left due to the physical toll to their bodies as a result of the longer hours. It has refused to schedule shifts with enough lead-time to allow us to plan time off to spend with our family and friends, or take classes, etc.
⇒ The company talks about workplace safety, yet working back-to-back shifts that increase repetitive motion injuries, and starting and ending a shift in the middle of the night are not considered safety issues.
⇒ As part of the imposition of 12-hour shifts, management reduced the number of workers on many lines. In fact, it has sped up production aimed at making us work more and work harder for less money. Also, as part of the new shift structure, Sunday premium has been eliminated, and the amount of overtime currently being offered has been significantly reduced.
⇒ When an employee (even a temporary employee) speaks up about the working conditions, they are targeted and then fired. Nestle management has disciplined and promoted workers in a completely arbitrary manner. Those they label "sharks" get treated one way, while the so-called "dolphins" are treated differently.
⇒ In five years, Nestle hasn't even bothered to provide the workforce with an employee handbook.
So now, for the first time in five years, the company is promising a (paltry) three percent wage increase. Bigger bonuses are coming. There's talk of dumping the "qualified" and "fully qualified" system. Suggestion boxes are going up. There's an open-door policy and a new employee handbook.
Why now? Because we are starting to get organized!
3. What we need to do
The key for us now is for everyone to get on board and sign an authorization card (click here). And by the way, the card does not require that you to provide your Social Security number, as you have been misled to believe. You can also sign up for the organizing committee.
Let's build a real union at this plant. We don't need to be treated like and compared to animals or sea creatures. We can come to work each day and demand dignity and respect from our employer – but only if we all stand together!
Step 1: The Authorization Card
Signing an authorization card enables the Local Union to file a petition for an election at the National Labor Relations Board. All cards are kept confidential and management does not get to see them.
Step 2: The Election
The National Labor Relations Board sends a representative to hold a secret ballot election. You will be allowed to vote during work hours. Neither the Company nor the Union will know how you voted. We will need 51% to win the election.
Step 3: The Contract
After winning the election, a meeting is scheduled for all employees who will be covered by the contract. At the meeting your input will be needed as to what you want in your contract. During this meeting you will also elect a group of people that you work with who will be part of the committee that will help the Union negotiate the contract. After the committee and the Union have meetings with the Company to negotiate the best contract they can, another meeting will be scheduled so you and your co-workers can vote on the contract.
No initiation fee will be paid by anyone currently working at Nestle Ice Cream. Dues will not be paid until you and your co-workers accept a contract that you vote on. Dues are not retroactive.
Teamster Local 570
6910 Eastern Avenue, Baltimore, MD 21224
Phone: 410-284-5081
Email: email@example.com
Website: www.team570.org
General Membership Meeting
Dec. 13, 2020
at 10 a.m. at the Union Hall.
Please be present and on time.


text:
As I gazed out of the window, I wondered how long we were destined to remain in this place on top of a mountain. I wondered if I should pursue friendships or remain silent while we waited to see where life took us. Fortunately friendships came regardless of my wishes and our life here on the mountain became a routine of insanity for me. The days turned into weeks and the weeks into months... many times if it had not been for a very good friend, I might have thought life was not worth living. I absolutely could not understand why we were here and for what purpose we must stay. I started pondering just what my lifes purpose was and that made me more upset with my life here. I struggle knowing I am here for a reason, and yet not knowing the specifics is like standing in the rain waiting for SOMEONE to bring you an umbrella. I must admit, parts of my existence here are hell on earth. I am slowly learning many people are going through the same process in their lives. Uncertainty about residences,relationships,jobs,money, and just plain unrest!! Unrest is the only word I can describe the past months of my life. I feel as if all I know and have ever known makes no difference in how I feel, and yet I feel the storm approaching before the beautiful sun peeks through the clouds of my life, and the warmth of the sun on my skin makes me forget all the months of hurt and unrest. Life is ready to unfold and as I reach out I know I will finally feel the energy this storm has been gathering.
Wednesday, March 2, 2011
"My Storm"
Posted by Dee Hall at 9:50 PM 0 comments
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text: On Wed, Oct 23, 2002 at 12:15:21PM -0400, Thor Lancelot Simon wrote: > On Wed, Oct 23, 2002 at 12:05:39PM -0400, Greg A. Woods wrote: > > > > I would say from my experience in using pax exclusively for well over a > > year now, and from what I read in that followup discussion, that the bug > > really must be fixed in pkg_create. > > Okay, I'm going to shock and amaze you all by agreeing with Greg. The > fact that binary packages contain tar files with upwards path components > (and thus require the use of insanely dangerous tar options to extract) > has always disturbed me greatly. It also makes creating malicious > packages much easier -- you don't even have to _run_ the binaries in > them, just extract them. > > Please don't revert security fixes to tar/pax just to avoid fixing > pkg_create. And I will jump in and say that it is really pax's problem. This is because (a) a lot of the distfiles that we use in pkgsrc come with symbolic links with ".." in them, so that we can't even extract the contents properly now - this has nothing to do with pkg_create - and (b) because we go to great lengths in pkg_create to make symbolic links relative to ${PREFIX} for binary packages. You are now seriously suggesting that we can't make archives relative to a certain directory because tar or pax might extract over a file that's above ${PREFIX}? I'd say that was a bug in pax and tar - they should be able to calculate the depth of directories, and handle it accordingly. I realise this has nothing to do with pax itself - we'd be seeing the same problems right now with GNU tar. Regards, Alistair


text: I was fascinated by these on my trip to the South in May and I have been looking for these when ever I ride. They seem to be more prevalent in the South but I did find a few in Greenfield MA yesterday. Lets see others from around the country, with your bike of course. In Virginia and West Virginia


text:
Mom of Sandy Hook shooting victim, 6, recited nightly prayer that shows her "spirit" knew something
NEWTOWN -- Scarlett Lewis never set out to meet President Barack Obama, especially with a broken heart in her hands. But there was a distinct comfort in his presence at Newtown High School, a visible and visceral affirmation of her 6-year-old son's life.
Just two days earlier, Jesse McCord Lewis had been shot and killed at Sandy Hook Elementary School. The little boy was one of 20 first-graders and six staff members who died the morning of Dec. 14.
"I really didn't know what to expect," Lewis said of the president's meeting. "He asked for a picture, and I showed him a picture of Jesse, the one everyone has of him in his soccer uniform. I told him, 'I just want you to know he died a hero. He ran into harm's way.'
"He took the picture and he looked at it. He was quiet for a while, and he finally said, 'He looks like a very brave boy and I bet this didn't surprise you at all.' I said, 'You're right.' I thought it was very prescient and perceptive of him to realize that."
But the soft edges between perception and reality didn't last long. Within hours, the president was back in Washington, and Lewis was left to face another night without her son.
For nearly three weeks after the shooting, Scarlett Lewis couldn't go home to the Sandy Hook farm she loves. Not by herself, anyway.
It was too hard to look at Jesse's rubber ducks waiting for him in the bathtub. It was too hard to find one of his toy soldiers on patrol underneath the coffee table.
And it was too hard to look at Jesse's beautiful face, the one Lewis painted so perfectly on a big square canvas that sits in the living room next to the equally gorgeous painting of Jesse's 12-year-old brother, JT.
For Lewis and the other Sandy Hook School families who mourn their children and their loved ones, the heartache is constant and consuming, a burden no one should ever have to carry.
But, somehow, Lewis is pushing through this unrelenting grief -- for herself, certainly, but even more so for JT. Together, they feel Jesse running, laughing and skinning his knees in their hearts. And quietly, it comforts them.
While Lewis doesn't recognize the world anymore, she recognizes her Jesse everywhere she looks, from the little easel he set up next to hers, to his last handwritten Christmas list, which rests on the fireplace mantel now.
"I feel like his light is so strong," Lewis said Thursday from her 1740s farmhouse with the stone walls, the hay barn, the ample paddock and the huge maple tree that generations of folks have tapped for syrup and solace. "Every night I would cuddle up next to him and I'd put my hand up his shirt, over his heart, and I would say the same prayer: 'Dear Jesus, thank you for this warm body, this heartbeat. He's such a gift. I know you could take him from me at any time, but please don't.'
"I used to say it every single night," Lewis said. "And now, I know why I said it. Things become clearer in hindsight because I believe my spirit knew it, too. This happened for a reason. Jesse is here and he's in heaven. He's in both places."
More than ever, Scarlett Lewis is grateful for the six years she spent with Jesse, the little boy who loved her back, times infinity.
"I remember seeing Jesse sleeping in bed with his little cheek exposed and thinking, 'I have to make a call.' But then I would remind myself not to pass up a moment to kiss his cheek. And I wouldn't. I would always kiss that cheek," Lewis said, her words trailing off into tears. "Never pass up an opportunity like that. Those are gifts. You never know when you won't get another opportunity to kiss that little cheek."
Even now, Scarlett Lewis remembers how soft those cheeks were and how delicious they smelled.
After staying with her mother and stepfather over the holidays Lewis is back home with JT and their menagerie of horses, dogs, chickens and the rest of God's creatures on Wild Rose Farm, the sanctuary for the soul she bought in 1998.
There are still animals to feed here, including a pair of dinosaur-sized dogs -- an Old English Mastiff and a St. Bernard -- and a miniature Jack Russell Terrier named Siren.
"Slobber is love in this house," Lewis tells a visitor with a damp hand to prove it.
Even as she holds it together with remarkable grace Scarlett Lewis still hasn't made sense of this tragedy or its oppressive loss. No one has. And maybe the absence of answers is the hardest part of this tragedy.
"It's really hard for me to come back here because my boys were my life. I'm a single parent, and I did everything with them," said Lewis, finding a way to get out the words. "Everybody used to laugh at me because I would say, 'OK, we're getting up. We're doing a hike this morning. We're going horseback riding this afternoon and we're going to a movie tonight.' It was all these jam-packed days with my boys. And now they're gone."
Lewis stops talking to lift her glasses and wipe her eyes. The grief, just like the tears, seems to come in waves.
A moment later, she reaches into a plastic sandwich bag and pulls out a small piece of glass. It almost looks like a quartz crystal. Lewis retrieved the glass fragment from Jesse's classroom on Christmas Day.
The relic from a shot-out window comforts her and gives her strength. Just as importantly, it connects her to Jesse, just like all those rubber ducks and toy soldiers he left behind.
In the days after the shooting, a particularly astute grief counselor told Lewis that Native Americans consider the place where the dead are slain to be sacred ground.
"That really resonated with me," said the 44-year-old Lewis, an executive assistant for a telecommunications company in Orange. "It made sense to me. The place where my son died was sacred ground."
So when police approached her and asked if she wanted to return to Sandy Hook School, Lewis agreed almost on the spot, even though she knew how much it was going to hurt.
"I went because Jesse lived that. He was there. I wanted to honor him and be at the place where he lost his life," explained Lewis, who went to the school with her family. "It was devastating, the destruction and damage. I've been going to that school for 12 years. The front doors and the side glass were completely blown out and gone and covered with plywood, but you knew what was under it.
"And then, the first two classrooms were completely gone. The windows were all blown out. The only other family who had been there was Miss Soto's family," Lewis said of Jesse's teacher, Victoria Soto. "So we took a piece of glass because there was glass scattered all over and we had a little ceremony. We said we're going to carry around a piece of glass and we're going to remember Jesse's bravery.
"Whenever we feel like we can't do something, we're going to think about our piece of glass and think about what Jesse did running into harm's way," Lewis said, the words getting harder and harder to speak. "Whenever you're facing something you think is so hard -- me, sitting here trying to mourn the loss of my son, just sitting here talking, trying to get on with my life or whatever -- it just seems so insignificant compared to what he did, doesn't it?"
Bingo, Bango, Bongo Drum
Scarlett Lewis didn't just call Jesse by his given name. More often than not, Lewis said with a grin, she called him by a silly nickname. Two of her favorites were "Fifi Consuelo" and "Bingo, Bango, Bongo Drum."
The giggle-inducing monikers were another expression of a mother's love in this wonderful house with the wide-plank wood floors, low ceilings and pen marks in the kitchen that reflected so much more than a growth chart.
Lewis ran a pen across the top of Jesse's head for the last time on Nov. 17. He had grown about an inch since the last time he pressed his shoulder blades against the wall on Oct. 4.
But to Jesse, a first-grader who was already growing up too fast, the nicknames were off-limits at school. His friends could never hear his mother call him "Fifi Consuelo" of all things.
Unless Jesse was home, of course. Then all rules were suspended, and he answered to whatever creative nectar came out of his mother's mouth.
"Jesse was loud, a real force. He was all boy, just like JT," said Lewis, who grew up in Darien with three brothers. "He loved to run around the farm and play in the hayloft with his friends.
"He loved to jump down off the hay bales. My whole philosophy about being a mother is, if they come in with dirty fingernails at night, they've had a good time. And the more dirt and mud that comes off them in the shower, the better."
A few feet away from the kitchen growth chart, Lewis has a narrow blackboard wall with chalk for the taking. At the top, Lewis recently wrote a quote by Abraham Lincoln: "People are about as happy as they make up their minds to be."
Lewis reads that quote a lot these days. The words are as profound now as they were 150 years ago.
Below Lincoln's quote, in the handwriting of a 6-year-old boy waiting for his spelling to catch up with his vocabulary, are three carefully chosen words: "Norurting, Heling, Love."
It doesn't take long to figure out Jesse was trying to spell nurturing, healing, love, a boy's simple prescription for his family's heartache.
"Nobody saw him write this, but he clearly did," Lewis said, pointing to the cherished scrawl. "It's his handwriting. He wrote this for us."
And the rest of the world.
"I don't believe in coincidences or ironies. It's all divine providence," Lewis said. "I know that his spirit knew what was ahead of him, and I can see how my life with him has been preparing me for that. I feel like that day was his mission.
"Now, it's what I do with it moving forward. I've been handed this incredibly powerful gauntlet of Jesse's memory and presence and bravery and strength and power -- qualities JT has a lot of, too -- and I want to do something with it moving forward. What exactly it is, I'm not so sure yet."
The worst and longest day
Like Jesse's father, Neil Heslin, Lewis raced to Sandy Hook School from her job in Orange the moment she heard the news. A text message from a friend started the worst and longest day of her life.
"I got there from work right about the time all the kids came out to their parents," Lewis said. "I'm running around searching and somebody said, 'Oh, I think they took Jesse to the house next door with six other kids.' So I ran to the house next door, but he wasn't there.
"Neil and I were texting the whole time. And then somebody else said, 'They took him to the Children's Adventure Center,' which is on the other side of the school. So we were both running all over the place.
"Finally, we were just sitting there at the firehouse. They couldn't tell us anything and you could see people just falling to the ground and crying," Lewis said. "All the other kids had gone home with their parents. Suddenly, this slow realization was coming over us. We already knew the truth. But you held onto hope because you still had it."
It wasn't until later that police told Lewis that Jesse died running toward the shooter, apparently trying to lead his classmates to safety. Jesse was given a commander-in-chief's funeral for his actions, an honor usually reserved for heads of state and soldiers who have fallen in the act of valor, Lewis said.
"We were in the limo following the hearse, and there were two motorcycles on each side of us with their sirens on. And there were 10 police cars in front of us and 10 behind," Lewis said.
On the front of Jesse's memorial card, there's a picture of him wearing his soccer uniform, the same photo his mother showed the president last month at Newtown High.
"I don't know how this is all going to end. I just know I'm going to make it my journey and I'm going to experience things the way I experience them," Lewis said. "I broke down the other day because I saw a nutcracker and Jesse had asked for a nutcracker on his Christmas list. It's weird sometimes, the things that hit you.
"I was crying and crying, and then JT said, 'You know mom, time isn't the same on earth as it is in heaven. In heaven, a lifetime is a second, so Jesse won't have to wait very long to be with us again.' "And I was like, 'Oh my God, thank you, thank you. You're right.'"
Someday, Scarlett Lewis hopes to see a memorial on the sacred ground where Jesse and the 25 other members of the Sandy Hook School family were killed.
"I'd like the memorial to be a place where kids can go and play, a place where they can laugh and run and jump, all the things that Jesse loved to do," Lewis said. "I choose to remember all the good in these children, not the events of that day."


text: https://wagnercollections.omeka.net/items/show/4999?output=atom 2020-11-28T03:49:48-05:00 Omeka https://wagnercollections.omeka.net/items/show/4999 2020-01-29T15:01:45-05:00 Dublin Core Title [Letter] 1902 January 24, N.Y. [to] Mr. Markham Subject Herron, George Davis, 1862-1925 Spargo, John, 1876-1966 The Comrade (New York, N.Y.) Literary Digest (New York, N.Y.) Description Abbott praises Markham's latest book of poems and mentions Herron and his satisfaction with Markham's book as well. Abbott writes about spending less time working on "The Comrade" and that Spargo will be taking over as editor. Abbott will spend more time on the "Literary Digest". Abbott mentions Courtenay Lemon, an acquaintance, who will be visiting Markham. Creator Abbott, Leonard Dalton, 1878-1953 Source Edwin Markham Archive, Horrmann Library Date 1/24/1902 Contributor Wagner College, Staten Island, NY Rights Please contact the Horrmann Library at Wagner College for rights to use this digital image. Format image/jpeg Language eng Type Text Identifier AbbottL10 Document Item Type Metadata Text N.Y., Jan. 24/02. Dear Mr. Markham, I was more than pleased to get your kind note, - the more so because I feel I hardly deserved it. The article is very superficial, and was written during a stress of other work. I am not particularly proud of it. What especially pleases me is that you saw, back of its crudeness, something of what I felt and meant. The fact is, that your last book of poems came home to with quite exceptional strength and meaning, and there are passages that haunt me, strangely. I had already spoken to you (at the Whitman dinner) of the Wall Street poem. And surely "To Young America" was meant for me. And those other wonderful lines (which I see Howells quotes in his very sympathetic review in this months "North American"), too: I heard that cry from your spirit then, O wind of the Fall! I, too, have carried the grief of men; I have felt it all. I had a long letter from Herron the other day, in which he tells me of the joy he had from this last book of yours. He calls the poems "sublime." Herron has sent me a noble poem which will be the leading feature of next month's "Comrade." It is a magnificent creation, - one of the very finest things, if not the finest, that ever came from his pen. If it were written by anyone else, and had a "respectable" backing, I am sure its publication would be quite an event in the literary world. By the way, did you see his little poem in this month's "Socialist Spirit?" I am compelled to give less time to "The Comrade." In fact John Spargo's name will appear as the editor in the next issue. At the same time I shall continue to cooperate and do all in power to help the magazine. The reason for the change is my increasing duties on the "Literary Digest." I am now editing the "Letters and Art" and "Religious" Departments on the "Digest," and, as the work is new and much harder than that I have been doing until now, it keeps me exceedingly busy for the present. Did you notice that I quoted from your review of the poetry of the year the other week? I believe Courtenay Lemon is to be over to see you soon. He is quite a friend of mine, and I'm sure you will find him abundantly "worth while." In fact, of all the men in the Socialist movement that I know he is in some ways the most promising. I certainly hope we can come together again before long. Doubtless I could come over some Sunday again. Or perhaps some day you might be in our vicinity about noon, and we could lunch together? With cordial greeting from Leonard D. Abbott Date Digital 2009 Digitization Specifications IBM ThinkCentre Intel Pentium 4 3.06GHz running Windows XP Professional Version 2 Service Pack 2; Epson Expression 10000XL scanner; Master Scanner Settings: 24-bit RGB, 400 dpi resolution; File Format: TIFF; Compression: none; Reference Images resized and converted with Adobe Photoshop CS2 version 9.0.2: 8-bit RGB; 400 ppi resolution; Compressed jpeg. ]]>


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Moore's Stone Crab Restaurant & Marina co-owner Alan Moore made an important decision in January when he asked for and received a continuance for his Comprehensive Plan amendment and zoning-request change.
When Commissioner Gene Jaleski, who voted for the request on first reading, was unable to attend the January meeting, Moore asked for a continuance. At the Town Commission's regular meeting Feb. 1, the commission approved both requests with 4-3 votes, which means the Village restaurant can continue to be operated as an eatery.
However, if the waterfront restaurant is razed, the property then becomes residential.
Moore said previously that his 43-year-old business would shut down unless the commission approved the request, because he can't get the bank to renegotiate double-digit interest rate loans that are coming due on his business without it.
According to Moore's application, "economic conditions and the changing character of the north end of Longboat Key have created a significant financial burden on the owners of the property."
But three members of the commission have doubts the approval will save one of Longboat Key's longest-operating waterfront restaurants.
Said Commissioner Jim Brown: "Personal finances, I believe, are illegal reasons for changing our Comprehensive Plan. Longboat Key will not benefit from additional houses."
Mayor Lee Rothenberg and Commissioner George Spoll voted against the requests, along with Brown.
Moore, however, told the commission the approval would allow him to keep the restaurant.
"If this goes through, this will keep us going a long, long time," Moore said.
Town planner Steve Schield told the commission that if the requests were approved, Moore could maintain his restaurant. But Moore can't come to the town and ask to expand the restaurant.
"It would be the status quo from here on out," said Schield, who also confirmed a new owner could take over the restaurant as long as it's not left vacant for more than 180 days.
Once Moore told the commission he fully understood what the request would do to his restaurant rights, Vice Mayor Robert Siekmann made a motion to approve both requests.
Commissioners Jaleski, Hal Lenobel and Peter O'Connor also voted to support the motions.
Moore expressed relief that four of the seven commissioners voted to grant the request.
"We plan to be serving stone crabs on Longboat Key for many years to come," Moore said.
Contact Kurt Schultheis at [email protected]
When 15 residents came to the Town Commission regular meeting Monday, Feb. 1 to urge the commission to act quickly to fix its fast eroding beach, Town Manager Bruce St Denis told the commission he hopes to work with state agencies to get a permit modification to rebuild the beach near the eroded North Shore Road beach access, while working to obtain sand from a dredging project.
Said St. Denis: "We could potentially have three nourishment projects coming in the next several years, keeping sand on the beach as we work toward a long-term goal."
The town will continue to move ahead with permitting for four breakwaters, while considering the possibility of modifying the permit to build geotextile sand-filled tubes that could act as temporary structures.
The commission did not give St. Denis direction to stop construction of a second groin being built behind The Islander Club, despite being asked to do so by Key residents David Brenner and Dr. Murray "Murf" Klauber.
Moore's Stone Crab Restaurant & Marina co-owner Alan Moore made an important decision in January when he asked for and received a continuance for his Comprehensive Plan amendment and zoning-request change.


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Department to Showcase Winners' Works From Native American Student Artist Competition
Department to Showcase Winners' Works From Native American Student Artist Competition
Tradition is My Life, Education is My Future is this year's theme for the Office of Indian Education's 5th Annual Native American Student Artist Competition. The exhibit, 21 matted and framed art pieces and a book of essays, will open in the Department's lobby on July 21 at 10:30 a.m. with a Native American blessing by Clayton Old Elk of the Crow Nation, and remarks by Department and Smithsonian Institution officials as well as by student winners in art and writing.
The competition celebrates the value and successes of education in Native American communities and is open to all American Indian and Alaska Native students in prekindergarten through grade 12. First-place winners in the 6th- through 8th-grade and the 11th- through 12th-grade categories will speak at the exhibit opening and ribbon-cutting ceremony. Macklin Becenti, a high school junior from the Navajo tribe, and Paige Fourkiller, a seventh-grader from the Cherokee tribe, will present their artwork, and Angela Pacheco, a senior from the Santo Domingo Pueblo, will present her winning essay.
The Department's Office of Indian Education produces the competition with the goal of inspiring students to explore the connection between their education and culture through art and writing.
Over the course of the next year, the exhibit will be displayed at several other venues, including the Smithsonian's National Museum of the American Indian, the Oklahoma History Center, Chicago Children's Museum, and the U.S. Department of Agriculture. More information about the exhibit and past and future competitions can be found at http://kids.indianeducation.org/sac. The names of the winners are attached.
To visit the exhibit and for more information about the Department's Student Art Exhibit Program, now in its sixth year, contact Jackye Zimmermann at 202-401-0762 or at email@example.com.
# # #
2009 Artist Winners
1st Place: "Learning for All Children" by Mia Allen (Cherokee)
2nd Place: "I am Bear Clan" by Gavin French (Sault Ste. Marie Tribe of Chippewa Indians)
3rd Place: "My Love" by Amber Roy (Northern Paiute/M'Chigeeng Ojibwe)
Grades K-2
1st Place: "Tradition Guides My Future" by Aubrey Brown (Cherokee), 2nd grade
2nd Place: "Moving Tradition Toward Education" by Kinley Soap (Cherokee), Kindergarten
3rd Place: "Believing in Myself" by Sonja Mendoza (Gila River Indian Community), 1st grade
Grades 3-5
1st Place: "The Quilt of Traditions" by Caleb Williamson (Mississippi Band of Choctaw Indians), 3rd grade
2nd Place: Untitled by Lara Yazzie (Navajo), 5th grade
3rd Place: "Traditional Culture" by Candace Jefferson (Mississippi Band of Choctaw Indians), 4th grade
Grades 6-8
1st Place: "Catching My Dreams Through Education" by Paige Fourkiller (Cherokee), 7th grade
2nd Place: "Education Tree" by Sabre Billie (Seminole Tribe of Florida), 6th grade
3rd Place: Untitled by Uyvaya Lomakema (Hopi), 8th grade
Grades 9-10
1st Place: "Earth's Classroom" by Santana Shorty (Navajo), 10th grade
2nd Place: Untitled by Coleman Stevens (Oneida Indian Nation), 9th grade
3rd Place: "Student" by Kayla Soares (United Houma Nation), 9th grade
Grades 11-12
1st Place: Untitled by Macklin Becenti (Navajo), 11th grade
2nd Place: "Student" by Michelle Zahgotah (White Mountain Apache Tribe), 12th grade
3rd Place: "Vision of Life" by Otis Rustin (San Carlos Apache/Jemez Pueblo), 12th grade
Honorable Mention
"Education in Two Worlds" by Jalen Kemble (Ponca Tribe of Oklahoma), 9th grade
"Tradition is My Life/Education is My Future" by Anna Muselmann (Cherokee), 11th grade
"Student" by Reyberta Kessay (White Mountain Apache Tribe), 12th grade
2009 Writing Winners
Grades 6-8
1st Place: "Ways of Life" by Evan Baca (San Juan Pueblo), 7th grade
2nd Place: "Tradition is My Life, Education is My Future" by Mariah Coffee (Warm Springs), 8th grade
3rd Place: "The Pueblo Ways" by Ashley Salter (San Juan Pueblo), 7th grade
Grades 9-10
1st Place: "Voices to Remember" by Daphne Coriz (Santo Domingo Pueblo), 10th grade
2nd Place: "Old Lessons for New Horizons" by Sean LittleCook (Ponca), 9th grade
3rd Place: "My Sacred Bowl of Traditions" by Kinsley Candelaria (San Felipe), 10th grade
Grades 11-12
1st Place: "Multicultural Learning" by Angela Pacheco (Santo Domingo Pueblo), 12th grade
2nd Place: Untitled by RedHorse Blackelk Jim (Navajo/Lakota), 11th grade
3rd Place: "Tradition is My Life, Education is My Future" by Zack Ellison (Cherokee/Osage), 11th grade


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From biologos.org. So much more succinct than my ramblings..
"Many arguments claiming to prove the existence of God have been proposed throughout the centuries. The response to many of these arguments, however, is: "If God created the world, what created God?" It suggests that certain arguments for God's existence only push the question of beginnings one step farther back. The Bible and Christian doctrine address this question by defining God as eternal and uncreated, but such answers rarely satisfy nonbelievers. A philosophical response is that God is the ultimate first cause; the atheist is left with a dilemma of what or who that first cause might have been. In the end, an uncaused creator may simply be a more plausible explanation for the universe we live in. Our universe appears to have had a beginning, to be finely tuned for life, and to have a place for love and purpose. These appearances affirm as plausible a prior belief in God."


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Optometrists are the major providers of primary vision care as independent, primary health care providers who examine, diagnose, treat, and manage diseases and disorders of the visual system, the eye and associated structures as well as diagnose related systemic conditions. They prescribe medications to treat eye diseases and perform certain surgical procedures. Optometrists also do testing to determine the patient's ability to focus and coordinate the eye, judge depth perception, and see colors accurately. The scope of optometry requires a knowledge of the therapeutic and rehabilitative methods used to care for the problems of vision from infancy through old age.
The profession of optometry originated following a tremendous surge in demand for corrected vision with the advent of the electric light around 1880. Early refractionists were located in jewelry stores because of the materials and craftsmanship required for the fabrication and repair of eye wear. For the profession to become established, each state had to pass an optometry bill; the first law regulating the practice of optometry was enacted in Minnesota in 1901 and the last in 1924, when the District of Columbia bill was signed by President Calvin Coolidge.
As primary health care professionals, optometrists frequently determine the presence of systemic diseases of the human body, such as diabetes, hypertension, and arteriosclerosis, that not only affect vision but are associated with substantial patient morbidity. When an eye examination reveals systemic disease, or the need for surgery, the optometrist will frequently engage in co-management of the condition, in cooperation with the appropriate health-care professional.
Optometry is the nation's third largest independent health-care profession. Today there are approximately 30,000 licensed optometrists with about 28,000 involved in direct patient care; nearly one-quarter of these are reaching retirement age. The need for optometrists will be further augmented by an increasing demand for optometric services. More than 130 million persons in the United States currently wear some form of eyewear. It is estimated that nearly one-half of the remainder of the population has the need of vision care services.
The optometry curriculum is a four-year, post baccalaureate professional-level program leading to the Doctor of Optometry, O.D., degree. Structured like the other health professions of medicine and dentistry, the first year is devoted to the didactic study of basic health sciences, including optics, and, by the fourth year, the course of study is totally clinical in nature.
The practice of optometry offers independence, flexibility, and diversity, and optometrists may choose to practice in inner cities, suburbs or rural areas. Opportunities exist in solo or group practices, multidisciplinary practice, health maintenance organizations, clinical or hospital settings, and government within the Public Health Service, Department of Veterans Affairs and all branches of the military service. Teaching and research offer added opportunities.


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Federal oversight of wind energy's adverse impacts to birds, bats and other wildlife will increase due to two recent developments: the pending first programmatic take permit under the Bald and Golden Eagle Protection Act (BGEPA) and the first criminal enforcement action for avian fatalities under the Migratory Bird Treaty Act (MBTA).
Wind farms face a somewhat unique environmental challenge: a clean source of energy with a potential dirty impact to wildlife. Debate over the correct level of governmental enforcement and regulation will continue, but impacts to bald and golden eagles, migratory birds, and other federally protected species play an increasingly significant role in the siting, construction and operation of wind projects.
Going forward, wind projects will encounter an increased need for comprehensive due diligence and a critical assessment of a project's impact to birds so as to ward off potential future criminal enforcement. This article will highlight some of the likely new challenges that may arise to help place lenders in a better position to assess the risks related to wind projects and to provide developers with an overview of actions and measures to minimize or avoid potential criminal enforcement.
Because wind is a relatively new source of energy in the U.S. and has grown at a rapid pace, regulation of wildlife fatalities and injuries due to collisions with wind turbines and met towers is in somewhat uncharted water, unlike collisions with automobile, planes, utility wires, buildings, and oil and gas pits. Considerable effort has been made by government, private industry and environmental groups to reduce adverse avian impacts.
New voluntary federal guidelines have been issued; comprehensive pre-construction and post-operation studies have become more common; and wind projects typically implement mitigation measures, such as siting turbines away from known nests and other high-risk areas, creating habitat buffers, and using radar, underground transmission lines and other methods to reduce the risk of collision. However, until the legal requirements become clear, developers bear a burden to determine what needs to be done to comply with the law even when a high priority is placed on minimizing any adverse wildlife impact.
Laws And Guidelines
There are two federal laws that regulate the "take" of birds: the BGEPA, which regulates bald and golden eagles, and the MBTA, which regulates approximately 1,000 species of migratory birds. Violations can lead to civil and criminal penalties and potential imprisonment for six months to two years per violation. Although felony prosecutions under the MBTA only apply to the actual or intended sale or barter of migratory birds and migratory bird parts, misdemeanor charges may be levied against any person that takes a migratory bird for any other reason. The BGEPA does not contain a distinction between felony and misdemeanor charges for first-time offenders.
BGEPA defines "take" to include "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." However, the definition of "take" under the MBTA is ambiguous, leading courts to disagree over whether the MBTA is limited to intentional takes or if it also includes incidental takes, which means a take that occurs as a result of, but is not the purpose of, an otherwise-lawful activity.
For instance, the Eighth and Ninth Circuits have limited "take" under the MBTA to hunting and related conduct, which would thereby exclude the wind industry from liability for avian fatalities. However, both the Second and Tenth Circuits have adopted strict liability interpretations of the MBTA holding various defendants accountable for avian fatalities, even if the takes were indirect and not willful.
To lower the risk of takes due to the construction and operation of wind energy projects, the U.S. Fish and Wildlife Service (FWS) adopted the Land-Based Wind Energy Guidelines (FWS Guidelines) on March 23, 2012. The FWS Guidelines are voluntary, not regulations, and set forth five tiers of pre- and post-construction studies that seek to evaluate and address potential negative impacts of wind energy projects on species of concern, including migratory birds, bats, and bald and golden eagles.
Additionally, on May 2, 2013, the FWS released the Eagle Conservation Plan Guidance Module 1 – Land-Based Wind Energy, Version 2 (FWS Eagle Guidance), which is designed as a supplement to the FWS Guidelines. Like the FWS Guidelines, the FWS Eagle Guidance is voluntary and lays out a staged approach to siting new wind projects. It also contains in-depth guidance relating specifically to the protection of bald and golden eagles and compliance with the BGEPA.
First BGEPA Eagle Take Permit
Unlike the BGEPA, the MBTA does not provide for a permit allowing for the unintentional take of a migratory bird during otherwise-lawful activities. In 2009, the FWS established new rules (50 CFR 22.26 and 22.27) that provide for the issuance of two types of five-year incidental take permits under the BGEPA: individual and programmatic. Both permits authorize a take of bald and golden eagles when the take is associated with, but not the purpose of, an otherwise-lawful activity. Individual take permits are issued for an isolated take that cannot be practicably avoided. Programmatic take permits are issued for instances of unavoidable take that may recur due to the nature of the take, such as the operation of a wind facility, even after the implementation of advanced conservation practices. This article focuses on the programmatic take permit, referred to herein as the eagle take permit.
To obtain an eagle take permit, the project developer must (1) avoid and minimize take to the maximum extent achievable; (2) conduct adequate monitoring; (3) offset any remaining take through compensatory mitigation; and (4) ensure that the direct and indirect effects of the take are compatible with the preservation of bald and golden eagles. An eagle take permit qualifies as a federal action and triggers the need for an environmental review under the National Environmental Policy Act (NEPA).
On Dec. 9, 2013, the FWS published a final rule in the Federal Register to extend the maximum term of the eagle take permit to 30 years because the average life of a wind project extends beyond the existing five-year term limit. The final rule will become effective on Jan. 8, 2014.
The FWS has not granted any eagle take permits, even though about 15 applications have been submitted since the FWS authorized issuance in 2009. However, the first permit appears likely to be issued soon.
In September 2013, the FWS released a draft environmental assessment for a five-year eagle take permit for the Shiloh IV Wind Project in Solano County, Calif. The permit would allow the take of up to three eagles over a five-year term. The public comment period ended on Nov. 29, 2013, and the FWS can render its decision after Dec. 29, 2013.
Additionally, on Dec. 4, 2013, the FWS published a notice of intent for a NEPA review for another eagle take permit. The FWS' recent actions are a sign that eagle take permits may become necessary for wind projects with a potential adverse impact to bald or golden eagles.
First Criminal Enforcement Action
On Nov. 22, 2013, Duke Energy Renewables Inc. entered into a plea agreement with the U.S. Department of Justice (DOJ) after being charged with two Class B misdemeanors under the MBTA for the death of 149 migratory birds and 14 golden eagles at two wind facilities in Wyoming. This represents the first criminal enforcement action against the wind industry under the MBTA or the BGEPA.
Duke will be placed on a five-year probation and be required to pay $1 million in fines, obtain an eagle take permit and implement a five-year environmental compliance plan. The plan must include comprehensive mitigation measures to minimize further avian impacts at four of Duke's wind facilities and could cost up to $600,000 per year. The Duke settlement did not contain a requirement to enjoin current or future operations of either project, even if future takes during the probationary period occur, as long as Duke remains in compliance with the terms of the settlement.
It is important to note that, as avian fatalities were discovered, Duke promptly reported them to the FWS, worked with the FWS to reduce future fatalities, and implemented numerous mitigation measures, including monitoring, radar and curtailment. The settlement acknowledged this concerted effort and made clear that the fine was reduced and potential additional charges were dropped as a result. Nonetheless, such actions did not absolve Duke from liability because the mitigation measures voluntarily put in place prior to the MBTA conviction were not sufficient to overcome the fact that the projects were constructed in a high-risk area despite preliminary studies showing that avian fatalities would likely occur.
What Lessons Can Be Learned?
The Duke settlement offers several important lessons for the development of new projects. First, it is important to conduct extensive due diligence throughout the life of a project and to consult with the FWS starting at the earliest stages of development and continuing through operation as appropriate.
However, simply conducting all recommended surveys and studies and consulting with the FWS is not sufficient. If adverse impacts to avian species are identified, it is the developer's responsibility to move the project to a new location or implement extensive mitigation measures to reduce the risk of avian fatalities. As demonstrated by the Duke settlement, the FWS' recommendations need to be given high priority, especially with respect to siting in high-risk areas. As aptly put by the DOJ in its press release announcing the Duke settlement, "[C]arefully siting turbines so as to avoid and minimize the risk as much as possible, is critically important because, unlike electric distribution equipment and guyed towers, at the present time, no post-construction remedies, except "curtailment' (i.e., shut-down), have been developed that can "render safe' a wind turbine placed in a location of high avian collision risk."
Second, while following the FWS Guidelines and the FWS Eagle Guidance and implementing mitigation measures is by no means a "get out of jail free" card, documented efforts to comply with the guidelines and communicate with the FWS will likely be taken into consideration by the FWS and the DOJ when determining whether and to what extent the DOJ should bring an enforcement action should a violation of the BGEPA or the MBTA occur. Duke's good-faith effort to reduce fatalities and documented coordination with the FWS did lead to reduced penalties and a decision by the FWS to limit enforcement to MBTA violations.
Third, the Duke settlement demonstrates a strong likelihood of future enforcement against the wind industry, which until now, has not encountered enforcement under the BGEPA or the MBTA. Currently, according to the Associated Press, the FWS is investigating bird deaths at over 18 wind projects, about a half a dozen of which have already been referred to the DOJ for potential enforcement. However, the specific projects were not publicly identified.
Fourth, adopting accepted industry-specific mitigation measures may reduce the risk of enforcement. In a letter sent to U.S. Sens. David Vitter and Lamar Alexander on the same day as the Duke settlement, Elliot Williams, Deputy Assistant Attorney General of the DOJ, indicated that "[i]n determining whether to prosecute a [wind energy] company for its violations of the MBTA, both the [DOJ] and the FWS consider whether the company has knowingly failed to adopt industry-specific practices to improve their compliance with the law." Such industry-specific practices may include, among other things, compliance with the FWS Guidelines and the FWS Eagle Guidance.
In addition, while a limited number of cases have been brought against oil and gas companies, utility companies and pesticide manufacturers under the BGEPA or the MBTA – including at least six against oil and gas companies and two against utility companies from 2009-2013 – to our knowledge, none have been brought against building developers, airlines, automobiles or cat owners – all of which have a much larger impact on avian species.
For example, recent studies have estimated that there are over 900 million annual bird fatalities due to collisions with buildings and over 6 million annual bird fatalities due to collisions with communication towers, whereas, according to the FWS' estimates, there are 440,000 annual bird fatalities due to collisions with wind turbines and met towers.
Consequently, the Duke settlement is not necessarily an indication of widespread enforcement against any and all violations of the BGEPA or the MBTA, but it is an important reminder to wind developers and lenders that a high level of attention must be placed on due diligence, the careful siting of turbines, and the implementation of mitigation measures that would reduce the risk of a take under the BGEPA and the MBTA.
How To Reduce The Risk Of Enforcement
Because the law surrounding violations of the BGEPA and the MBTA against wind projects is still evolving, it is advisable for developers and lenders to err on the side of caution by preparing to avoid or minimize the risk of adversely impacting protected avian species.
For developers, it is of crucial importance to conduct extensive surveys to identify the presence and potential impact to avian species and to communicate with the FWS and local wildlife agencies prior to the construction of wind projects. For lenders, it is advisable to contact legal counsel at the start of the financing process to determine the current status of the law, the level of risk for a particular project and the measures that the lender should request from the developer to minimize liability to the greatest extent possible.
Each project is unique, and there is no "one size fits all" approach to mitigation and avoidance of a violation of the BGEPA or the MBTA. The use of mitigation measures will vary depending on project location, design, risk of avian impact and other factors, so it is advisable for developers to create a plan with input from the FWS to take into account the requirements that are specific to each project. However, below are some general recommendations for developers and lenders to consider during the process of developing and/or providing funding for a wind project.
Prior to site selection/pre-construction
– Initiate consultation with the FWS and state and local wildlife agencies;
– Gather information from publicly available sources to assess the likelihood of avian impacts at potential project sites;
– If possible, site the project in previously developed areas, such as agricultural lands, to minimize impact to previously undisturbed habitat;
– Conduct one to two years of avian, bat and wildlife studies;
– Site turbines away from areas with identified high bird and bat concentrations, and create buffer zones around sensitive habitat in the project area;
– Provide training for construction and project personnel on how to avoid impacts to protected species during construction and operation; and
– Discuss the results of the pre-construction studies with the FWS and develop a strategy to mitigate any unavoidable adverse impacts.
During construction
– Continue to conduct studies and monitor impacts to protected species and maintain an ongoing dialogue with the FWS;
– Implement recommended or voluntary mitigation measures;
– Develop a Bird and Bat Conservation Strategy (BBCS) as outlined in the FWS Guidelines; and
– Prepare an Eagle Conservation Plan and apply for an eagle take permit if bald or golden eagles are identified in the project area.
– Conduct several years of post-construction surveys, and continue consultation with the FWS;
– Monitor the site periodically for any avian or bat fatalities;
– Immediately report any avian fatalities; and
– Work with the FWS and state and local wildlife agencies to implement additional mitigation measures to reduce the risk of future takes.
Looking Ahead
The effect of the Duke settlement on enforcement against wind developers going forward is still unclear, although future enforcement against other wind developers appears increasingly likely and more action will be necessary to mitigate any adverse impact to avian wildlife.
Whether this reflects the start of a long line of charges and what would trigger enforcement remain to be seen. It is certain, however, that the public and regulatory attention placed on wind energy's impacts to birds, bats and other wildlife is rapidly increasing.
Matthew Ahrens is of counsel in the New York office of Milbank, Tweed, Hadley & McCloy. He is a member of the firm's Corporate Group and is in charge of the Environmental Practice Area.


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Penn State University - Shenango
This HDFS degree enables students to prepare for professional, managerial, or scientific roles in health and human services professions, in public and nonprofit agencies, and in business and industry, as well as for advanced professional or graduate study.
Students obtain a broad background in individual and family development across the life span. Courses emphasize biological, psychological, social/cultural, and economic aspects of development.
Through course work and undergraduate internships or research projects, students develop skills relevant to career objectives, such as counseling, human assessment, program planning and evaluation, and research.
This degree has only one option:
LIFE SPAN HUMAN SERVICES OPTION: This option focuses on the acquisition and application of scientific knowledge about development and family functioning across the life span for the purposes of enhancing personal and family development.
Courses emphasize:
- Understanding the biological, psychological, and social development across the life span and the structuring and functioning of families
- Understanding basic theoretical and methodological issues
- The development of applied skills in intervention and evaluation, prevention, and in the formulation of social policy.
An approved field experience in a setting that serves children, youth, adults, or the aged is required for this option.
Typical employment settings include preschools, daycare centers, hospital programs for children, youth, and families, institutional and community mental health programs for individuals and families, programs for abused or neglected children and adolescents, women's resource centers, human resources programs, employee assistance programs, nursing homes, area agencies on aging and other community settings for older adults, and public welfare and family service agencies.
Typical postgraduate pursuits of students completing this option include graduate study in human development, family studies, psychology, or sociology, or advanced professional training in psychology, law, behavioral health, counseling or social work.


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Should 'have it at E3 next year'
During Sony's PlayStation 4 reveal event, Capcom showed off Deep Down, a game slated for PS4 and running on Capcom's next-gen engine, codenamed "Panta Rhei." The game looks positively medieval, not too dissimilar from Capcom property Dragon's Dogma. There are even dragons. Still, on the Capcom forum, senior VP Christian Svensson put the kibosh on any notions of relation between the two games: "For reference [Dead Rising 3] and Deep Down have nothing to do with Dragon's Dogma."
Meanwhile, the Dragon's Dogma franchise, post Dragon's Dogma: Dark Arisen, is presently persisting as a free-to-play Vita exclusive, Dragon's Dogma Quest. Capcom is adamant about turning the series into one of its flagship franchises. Maybe Deep Down is something like a spiritual forebearer to Dragon's Dogma, allowing Capcom to test the next-gen waters and its new engine with a fresh IP before going all in with another Dragon's Dogma?
On the topic of Deep Down, Svensson noted, "It's still quite far off. Ono-san tweeted we'd have it at E3 next year." Could Capcom up and run both games simultaneously despite perceived overlap? Or does having Deep Down at E3 next year back up the notion of it coming out first while Dragon's Dogma gets a new game announced at the conference?