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Gary , Just got home from Sturgeon Bay smallmouth fishing. The bite was a little slow due to the weather. We caught a lot of nice fish but not as many as usual. My largest was 6.5 pounds and we had a average of about 3 pounds. I'm on Lake Wisconsin tomorrow and will give you an update tomorrow night on that . The Madison Chain has been pretty good for panfish as they are coming shallow and pretty aggressive . Squaw Bay has been very good for Crappies and Gills and off Lake Farm on Waubesa has been good for gills with a few crappies mixed in. Willie worms have been working as has live bait. Spikes and Red worms. The bass have been a little slow on the chain . Walleyes are also slow, at least for me right now. Mendota the Cats are hot. Cut Bait in about 3 to 6 feet of water off Governors Island has been good.We will try and get out in the next couple weeks . Take Care of yourself and keep in touch.
Tight Lines


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Improve skin tone with Adobe Camera Raw
Adobe Camera Raw has long included a Clarity slider, which gives a dark outline to edges to make an image really jump off the screen. In the latest incarnations of Camera Raw, the Clarity slider can actually be dragged left, to negative settings, to add a soft-focus effect.
It works very well for smoothing out skin tones, without affecting underlying detail in the way that, say, a Gaussian Blur might do. Applying it to the entire image, however, doesn't look that great; we need a way of focusing it on just the skin areas.
While we could focus our efforts on using the Adjustment Brush in Camera Raw, masking is always easier done in the main editing window of Photoshop. So the solution is to process two versions of the same image: one with the Clarity smoothing the skin tones and another without.
Then we can simply combine the two versions using layers and masks to ensure that the Clarity smoothing isn't applied to details like hair, eyes and lips.
And as if this little smoothing trick wasn't enough, we'll show you an interesting way of improving skin colour, too.
How to improve skin tone with Adobe Camera Raw
Step 1: Open the RAW image
Open your original image in Photoshop CS and the Camera Raw editor will launch. The image is a little under-exposed, so let's start by dragging the Exposure slider to the right.
A setting of +1.35 should be about right. We want a bit more surrounding detail to show up too, so push Fill Light to 35 to reveal detail in those darker tones.
Step 2: Set the white balance
The white balance is looking a touch on the warm side too, so select the White Balance tool from the options bar at the top, zoom in, and click in the whites of the eye, which provides us with a neutral tone (for more, learn how to get perfect white balance in-camera using a colour chart).
The White Balance is reset, but is a little on the cool side, so push the Temperature slider up to 4500 (to learn more about colour temperature, download this handy cheat sheet explaining some of the common white balance presets).
Step 3: Adjust the Clarity slider
Click the Open Image button and the edited image will launch in Photoshop. Ignore this for now and open the RAW file again, so that it opens in Adobe Camera Raw. Now drag the Clarity slider downwards to -100. You'll see the image take on a smooth, soft focus effect. Click Open Image again.
Step 4: Combine the shots
You should now have two versions of the image open in Photoshop; one with the Clarity smoothing effect and one without it. Select the Clarity version and press Ctrl+A to select the entire image, then Ctrl+C to copy it. Next, select the unsmoothed version and press Ctrl+V to paste the smoothed version as a new layer on top of the unsmoothed one.
Step 5: Hide All
Select the top (smoothed) layer in the layer stack you've just created, and then add a layer mask by holding down the Alt key and clicking on the Add Layer Mask icon.
This adds a black mask, effectively blocking out the smoothed layer to reveal the unsmoothed layer below. Grab a soft-edged brush of 200-300 pixels and set Opacity to 100%. Ensuring the layer mask is selected, set foreground colour to white by pressing D.
Step 6: Paint over the skin
Zoom in on the face using Ctrl and +, then use the Brush tool to paint over the areas of skin, ignoring details like hair, eyes, mouth, nose and eyebrows, as well as any edge detail such as the sides of the face or bridge of the nose. Be sure to paint over the hands, too.
Step 7: Set Blending Options
You can see that the face is now nicely diffused, but we've lost the highlights around the face that help give a sense of three-dimensionality – they've turned a little greyish. The solution lies in the Blending Options. Click the FX button in the Layers palette and select Blending Options.
Step 8: 'Blend If' for highlights
Focus on the Blend If section of the dialog. Hold down Alt and click the white triangle on the This Layer ramp (top) to split it in two. Now drag the left half leftwards, until the highlight edge reappears.
Don't go too far for fear of removing the effect from the midtones. We settled at 155. Click OK to finish.
Step 9: Selective Colour
Click on the Add New Adjustment Layer icon at bottom of your Layers palette and choose Selective Colour from the drop-down menu. We're going to use this adjustment layer to improve the skin colour a little.
Firstly, change the Layer Blending Mode from Normal to Colour, so the image isn't made lighter or darker, then make sure Reds are selected in the adjustment Colours menu.
Step 10: Neutralise the skin
We can neutralise some of the pinkness in the model's face by setting Magenta to -20% and then dragging Yellows to -20% (to tone down the corresponding increase in the greens). Turn the layer mask black by selecting it and pressing Ctrl+I.
Finally, repeat Steps 5 and 6 to paint over areas of skin that you want to tone down.
101 Photoshop tips you have to know
6 photo editing steps every photographer should know
Bleach Bypass: how to make extreme portraits
Free portrait ligthing photography cheat sheet
Free portrait photography cropping guide

subset: commoncrawl


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Dueling Videos in the Aftermath of Hillary's Debate Stumble
After Hillary Clinton's subpar performance in the most recent debate, the Clinton campaign tried to take the spotlight off her blunders by releasing this video, called "The Politics of Pile On":
And it may come back to hurt her, because it invited the Edwards campaign to release this video, called "The Politics of Parsing":
Obama has been talking a lot about how he's going to start attacking Clinton. Edwards, on the other hand, has actually started attacking Clinton.
Mother Jones encourages readers to sign in with Facebook, Twitter, Google, Yahoo, Disqus, or OpenID to comment. Please read our comment policy before posting.


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@take it or leave it
My answer had nothing to do with 2007 but you like a lot of lulu fans like to twist the words others write!
I said: "he would end up in gravel track or on somebody else car",
meaning that he would of destroyed his tires trying to impress so the end result would be "Out of the Race".


text:
Exploring and protecting some of the last truly wild places in the ocean
SPECIAL ANNOUNCEMENT: On March 21, 2016, the government of Ecuador announced the creation of a more than 40,000-square-kilometer marine sanctuary around two of the northern Galápagos islands, Darwin and Wolf, in addition to several no-take areas throughout the archipelago. The new marine sanctuary will protect the largest biomass of sharks in the world. The Pristine Seas team carried out a scientific expedition to the Galápagos in December of 2015 with the support of Blancpain, Davidoff, The Leona M. and Harry B. Helmsley Charitable Trust, and other partners. Learn More ».
About Pristine Seas
The ocean—covering over 70 percent of the planet—sustains all life on Earth. It supplies more than half the oxygen we breathe and regulates the Earth's climate. Its fisheries provide employment for 180 million people and food for billions worldwide, and it offers opportunities for recreation, education, and tourism.
National Geographic and Explorer-in-Residence Dr. Enric Sala launched the Pristine Seas project to find, survey, and help protect the last wild places in the ocean.
The Problem
The ocean is vast—and it is also in peril. Overfishing, pollution, climate change, and mass species extinction are all fundamentally altering the ocean's complex ecosystems. Today we see undeniable evidence of fisheries collapse, coral reef degradation, and marine dead zones.
The Solution
A few areas of the ocean remain relatively unaltered by humans. These pristine places are key to the health of the global ocean ecosystem. Pristine Seas works to inspire governments around the world to create protected areas in these remote places in order to conserve and restore the richness of marine life and habitat.
With your support, we have helped to protect more than
3 million square kilometers of ocean territory.
Map by National Geographic Society. Sources: Pristine Seas, MPAtlas
What You Can Do
Join the cause. Donate, sign up to receive expedition updates from the field, and share our work with others.GET INVOLVED
Order the Pristine Seas Book
The last of the pristine seas offer a fascinating glimpse into our past and an inspiring vision for the future. In Pristine Seas: Journeys to the Ocean's Last Wild Places, National Geographic Explorer-in-Residence Enric Sala takes readers on a dazzling journey to ten of these astounding locations, showing what we have to gain by protecting our seas.ORDER NOW


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Why am I so good?
I research, I practice, and I never assume that my ways are the best way to do things. Research is the #1 reason that players are good, practice is the #1 way to fine tune your play style, and never assuming you know the best way to do things means that you are open to new ideas which could eventually lead to you mixing multiple methods to find the best one for you. You can bet your epic boots that I have dueled thousands of players like you and that I know just by your body language what kind of player you are and what strategies you are going to use on me. Bring it on is my attitude, surprise me and see if I can predict your moves and counter successfully.
How it relates to playing the auction house?
The auction house is constantly changing, so just like the talents of your opponent's in duels, it helps to change up your strategies and always be a moving target on the auction house. Never get comfortable, never assume your adversaries have given up, and keep switching things up with what you buy/invest in. Research, practice and never assume you know everything are the keys to success.
An example of changing it up would be with inscription: I stopped selling all my glyphs that were below 20 gold and focused on selling 20-80 gold glyphs, armor vellum III's, runescrolls of fortitude and off hands. My gold per hour remained around the same but time invested was chopped in HALF.
I min max everything and I try everything that I can to enhance my play style in pvp. The auction house is no different, if you can change your strategy to increase your gold intake by 5 gold for each product of type X, you bloody try it out!
Why am I so good?
9 comments: on "91% Wins Dueling Record"
Zim said... June 8, 2010 at 10:48 AM
How do get your list of > 20g Glyphs?
Do you let auctioneer make this decision to you?
Or you can search it somehow?
Maybe I miss this class in your Blog (great blog btw!)...
But this is something that bother me around... how to make a list of what glyphs is time worthy.
Thank you
Anonymous said... June 8, 2010 at 12:49 PM
Either this blog or Stokpile's blog listed a good list of the 20 gold plus glyphs recently.
Easy way of telling is googling Elitist Jerks or any other forum that lists the best spec/glyphs for each class PVE & PVP.
You post those and more than likely they will be the top gold glyphs. Or you can search the AH with auctioneer, but you run the risk that a glyph is high because nobody else is bothering to post it although I doubt that happens often.
daldriada said... June 8, 2010 at 4:38 PM
@zim: quickauctions2 addon
Anonymous said... June 8, 2010 at 6:31 PM
Are you still pvping as a prot warrior? I see from Armory that you have 2 pvp specs. I pvp as a prot warrior and as arms (but lately have moved more to arms, even though I'm trying to find an excuse to keep pvping as prot only). I love prot pvp more, but with the resilience change haven't found it as successful. Just curious if your pvp stats on armory reflect your success as prot (like the duelling record, for example.)
Murrlock from Khaz Modan
Markco said... June 8, 2010 at 9:05 PM
My success as prot, I have played arms only a handful of times in this expansion, 99% of the time I've been prot.
Anonymous said... June 9, 2010 at 11:11 AM
prot is hard.. rofl :P
Markco said... June 9, 2010 at 11:48 AM
I know prot is easy, I mean I may be one of like 8 people who got gladiator with it but it's still easy amiright?
Anonymous said... June 9, 2010 at 12:06 PM
Lol'd so hard at this pretentious post.
The reason you have 91% win is because you play a warrior and your realm is full of bads. Skilled orly?
Markco said... June 9, 2010 at 2:09 PM
No anonymous, the reason I have a 91% duel record is because 9% of the time I play arms :D
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Top Definition
Styrofoam packing "peanuts," specifically the white variety.
As I opened my box from the Home Shopping Network, a strong gust of wind blew the clown poop all over the yard.
by Sluggo June 17, 2006
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Type: Improvement
Status: Closed
Priority: Critical
Resolution: Won't Fix
Affects Version/s: None
Fix Version/s: 1.5.0
Component/s: None
- All
- Comments
- Work Log
- History
- Activity
- Transitions
I am not sure this is a valid issue yet. I suspect the xml is not correct but I only have briefly looked into it. If I understand correctly this is related to the use of refs.
It's ok for the xml doc to have one default namespace and than one element (<camelContext>) to redefine the default namespace to be something else. However, since we are dealing with qnames, the camelContext element should define a different namespace mapping (and a prefix) for the default namespace of the document (the spring namespace) and use that to qualify the element it refs, so that resolution can happen.
But then again, I may have misunderstood the issue completely. I'll look into it soon though.
I think this bug was raised to try help folks figure out issues caused by the xmlns being redeclared. e.g. something like this
<?xml version="1.0" encoding="UTF-8"?> <beans xmlns="http://www.springframework.org/schema/beans" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation=" http://www.springframework.org/schema/beans http://www.springframework.org/schema/beans/spring-beans-2.5.xsd http://activemq.apache.org/camel/schema/spring http://activemq.apache.org/camel/schema/spring/camel-spring.xsd"> <camelContext id="camel" useJmx="false" mbeanServer="mbeanServer" xmlns="http://activemq.apache.org/camel/schema/spring"> <package>org.apache.camel.example.spring</package> </camelContext> <!-- DOES THIS FAIL? --> <bean id="foo" class="whatnot"/> </beans>
I can't remember if the xmlns redeclaration of the default namespace on the <camelContext/> disappears again after the </camelContext>. Does something like the above work? If not can we generate some kinda useful error message somehow?
Isn't camel-example-spring doing exactly this successfully?
The only difference is the beanServer="mbeanServer" missing. And there is obviously no element with the id:{http://activemq.apache.org/camel/schema/spring}
you're right. I wonder if I was thinking of nested <bean> elements within the <camelContext/> - can't remember
lets just close this issue for now
not an issue AFAIK
Closing all 1.5.0 issues


text:
Vicki Davis's Library tagged → View Popular, Search in Google
Tapped in has been a mainstay in education and a non threatening method of using chat to link with people around the world. This longstanding contributor to education has its 2008 Tapped In Festival scheduled for July 23 and July 24th with some neat things planned. This website has more information for you and certificates of participation will be available for those who participates.
Teachers should connect in which ever way they feel most comfortable and the power of embedded networks should never be ignored.
Just found this citation from Anthony D. Williams about flat classroom project and how "mass collaboration changes education." It is an older article, but makes a lot of sense.
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text:
|Date added:
|June 3, 2012
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WATAIN Forced To Cancel Mexican Shows
Revolver Magazine | Jul 30, 2010 | Comments 0 |
The unholy Swedish trinity of WATAIN are forced to cancel their upcoming Mexican shows for this weekend. A statement by the band has been released and can be viewed below.
"Due to reasons entirely out of the bands control, the promotor has decided to cancel the three shows in Mexico, meant to take place this weekend.
"We want to underline that this decision has nothing to do with WATAIN whatsoever. We were very much looking forward to perform these rituals upon Mexican soil.
"To all the WATAIN militias and supporters who have wrote us about the upcoming shows and who have been preparing for our arrival; your support will always be cherished and honored, we look forward to join forces with you again very soon."
For more information on WATAIN, visit the band's official MySpace.
Alert to All Users of the Disqus commenting system: Because of a recent global security issue, the Disqus website recommends that all users change their Disqus passwords. Here�s a URL about the issue: http://engineering.disqus.com/2014/04/10/heartbleed.html
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Mark Pryor, movie star
Maybe Sen. Mark Pryor, D-Ark., should have realized an on-camera interview with snarky comedian Bill Maher may not go as well as with, say, a fresh-out-of-college reporter at KFSM in Fort Smith.
The rookie may not have known that "indigously" wasn't a word. Maher just plastered it across the movie screen when Pryor misspoke so that moviegoers could laugh at the senator.
And that's what viewers did, repeatedly, Wednesday at an advance screening of Maher's new movie, "Religulous," at a Washington theater. The screening was open to reporters and members of various secular groups.
Maher and the film's producers showed no respect for the state's junior senator, though Pryor was in good company — there wasn't respect for the world's religions, either.
Maher's blistering rebuke of all things religious framed the faithful as buffoons awaiting a false promise of a happy afterlife.
He interviewed Pryor about two years ago while the senator was a chairman of the annual National Prayer Breakfast. The meeting was in Pryor's office, where his "Arkansas Comes First" sign is featured prominently on his desk.
Maher's face time with Pryor takes up about two minutes of the 101-minute film, but it was one of the more amusing segments for Washington movie-goers.
Maher poked fun at Pryor's use of the word "literacy" in describing his views on the gospel: "I do believe in the actual literacy of that story," Pryor said.
The audience reserved its loudest laughter of the night for the pair's discussion of the Old Testament account of Adam and Eve and the serpent.
"You're a senator, you're one of the very few people who are really running this country. It worries me that people are running my country, who think, who believe in a talking snake," Maher said.
Pryor's response: "You don't have to pass an IQ test to be in the Senate though."
"Religulous" opens in limited release Friday.
Tags: Bill Maher, Mark Pryor, Religulous
This entry was posted on Thursday, October 2nd, 2008 at 10:21 am and is filed under General, U.S. Congress, U.S. Senate. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.


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Can't remember name of route but it was only a Diff, fantastic climbing though with enormous waves
rusty8850 - 06/Mar/07
rusty8850 - 06/Mar/07
seal slab? Looks great in the waves though- had to double take coz before I saw the title it looked like a big hill and a cloud inversion!
nikinko - 07/Mar/07
nikinko - 07/Mar/07


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May 6, 2016
CHAPEL HILL, N.C. (AP) - Former North Carolina basketball player Will Graves faces misdemeanor drug charges after police found marijuana and drug paraphernalia at a residence owned by coach Roy Williams.
Police cited Graves on Dec. 6 with simple marijuana possession and possession of drug paraphernalia. Team spokesman Steve Kirschner says Graves was staying at the home while working toward his degree and as a part-time video coordinator for the team this semester. Kirschner says Graves was paying rent to stay there and that Williams was "disappointed" by Graves' charges.
Chapel Hill Police Lt. Josh Mecimore says police went there after a meter reader reported seeing a possible broken window at the residence, which he thought was empty.
Williams dismissed Graves from the team shortly before the 2010-11 season for violating team rules.
Copyright 2016 by The Associated Press. All Rights Reserved.
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its lovely
Let your loved ones know that they are always in your thoughts.
Send over warm hugs to someone to wish a special and beautiful day...
A beautiful flower and a message to get well soon.
Bug a friend or loved one, to let them know you are thinking about them with this cute...
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Prosecutors are scheduled to get mental health records they subpoenaed for James Holmes after attorneys for the Colorado theater shooting defendant got Holmes' sanity evaluation from the state mental hospital.
A hearing is scheduled Monday in Arapahoe County District Court in Centennial.
Holmes pleaded not guilty by reason of insanity to multiple charges of murder and attempted murder. He's accused of killing 12 people and injuring 70 in a suburban Denver theater in July 2012.
Prosecutors are seeking the death penalty.
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About agroforestry
Agroforestry is practiced in both tropical and temperate regions where it produces food and fiber, contributes to food and nutrition security, sustains livelihoods, alleviates poverty and promotes productive and resilient cropping and grassland environments. Agroforestry systems may also enhance biodiversity, cleaner water and less erosion. In addition, when strategically applied on a large scale, agroforestry enables agricultural lands to withstand weather events, such as floods and drought, and climate change. It is an essential element of the green and sustainable economy, in rural, urban and peri-urban environments.
Even though these benefits justify increased investment in the development of agroforestry systems, the sector is disadvantaged by adverse policies, legal constraints and lack of coordination between the governmental sectors to which it contributes, namely, agriculture, forestry, rural development, environment and trade. It has not been sufficiently addressed in policy formulation nor has it been integrated into land-use planning and rural development programmes. Thus the potential of agroforestry to enrich farmers, communities and by extension, national economies, has not been fully exploited.
There is now general agreement about the magnitude and scale of the integration of trees into agricultural lands and their active management by farmers and pastoralists. Zomer et al. (2009) conducted a global assessment of tree cover on agricultural land and found that 48% of all agricultural land had at least 10% tree cover. (Source: Frank Place, Oluyede C. Ajayi, Emmanuel Torquebiau, Guillermo Detlefsen, Michelle Gauthier and Gérard Buttoud. 2012. Improved policies for facilitating the adoption of agroforestry . In Intech "Biodiversity and Ecosystem Services - Science and Practice", Intech, April 04, 2012: chapter 6, p. 113 - 128.


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On the last ordinary day of her life before her family went off for the weekend, Abby made a real breakfastÃÂÃÂÃÂÃÂFrench toast with maple syrup and bacon. It was penance, the least she could do, given how utterly delighted she was at the prospect of being left on her own for two whole days to do as she pleased. It would sicken her later, in the aftermath of what happened, that she could so covet the prospect of solitude, but in that last handful of ordinary hours, she was full of herself, her silly plans. She set a small mixing bowl on the counter, found the wire whisk, and when Nick came in the back door, she brandished it, smiling at him.
He frowned. "What are you doing?"
"Cooking breakfast, French toast."
"We don't have time. We're going to hit rush-hour traffic as it is."
"It'll be fine," Abby soothed.
He came to the sink still wearing the wisp of bloodstained tissue he'd stuck below his ear where he'd cut himself shaving and the rumpled cargo shorts he'd pulled out of the hamper as if he didn't have a drawer full of clean ones. As if the unwashed pair were the only ones that suited him.
Abby got out a frying pan, aware of his mood, regretful of it. She wished he hadn't bothered with shaving. She wished she'd done the laundry yesterday. Leaving the breakfast makings, she went to him, circled his waist from behind, laid her cheek against his back. "I'm sorry about your shorts" The words were right there, but they caught in her throat when she felt him go still.
"Don't," he said, and she backed away. She returned to the stove, absorbing herself in the task of separating the strips of bacon and arranging them with care in the bottom of the pan. As if her care made a difference, as if it could keep her family safe when it couldn't. She ought to have known that much at least. She went to the refrigerator and took out the carton of eggs.
Nick washed his hands.
"I wish you'd tell me what's wrong," she said when he shut off the water.
"Why do you always think something's wrong, Abby?"
"I don't."
"You do."
"Fine," she said. She would not stand here squabbling as if they were their children.
He hung the kitchen towel over the oven door handle, gave her one of those side-of-the-mouth kisses.
"I'm sorry," he said. "Nothing's wrong. I just want to get on the road."
Abby's jaw tightened. She knew better.
"Wouldn't cereal be easier?" he asked.
She broke the eggs into the bowl. "I'd like us to sit down to breakfast together for once."
"What about the mess? You do realize we can't stay to help you clean up."
"I don't mind."
He went to the foot of the stairs and shouted, "Lind-sey? What's taking you so long? I could use some help loading the camping gear."
"Down in a minute, Dad," she shouted back. "I had to get ready in Jake's bathroom because the shower in mine is still leaking."
Nick looked at Abby. "I thought you called the plumber."
"I did. He hasn'tÃÂÃÂÃÂÃÂ"
Nick left. The screen door clattered shut behind him.
"ÃÂÃÂÃÂÃÂcalled back yet," Abby finished.
She whipped the eggs, fuming. She wished she had taken Nick's advice and served cereal. They'd be gone faster. She wished she had said it was only lately that she assumed something was wrong. Because there was something; she could feel it. Nick was distracted, moodier than usual. Too quiet. That is, when he wasn't biting her head off for no reason. And since when did he push her away? Say no to her touch? It wasn't like him.
Abby added powdered sugar and a splash of vanilla to the eggs. She got out a fork and poked at the bacon, aggravated at the sudden stab of her tears, a duller sense of alarm. Whatever it was, she wasn't a mind reader; she couldn't fix it by herself. Why couldn't he see that?
"I can't get my hair to do anything." Lindsey came up beside Abby, her brush and comb in her hand. Abby composed her face. "Want me to French braid it?"
"Would you?"
Lindsey's hair reached the middle of her back, a thick mane that blended shades of honey blond with darker shades of reddish brown, colors very similar to those of Miss Havisham, Lindsey's chestnut mare. Lindsey said she'd rather groom Miss Havisham's mane than her own, and she conned Abby into doing it whenever she could. Abby didn't mind; she loved the feel of it through her fingers, like rough silk. Deftly, she parted off three sections and began weaving them together. "Should I call you tomorrow and let you know if Hardys Walk wins tonight?"
"Samantha will."
"Is Scott pitching?"
"I don't know. Who cares anyway? He barely knows I'm alive."
"Oh, honey." Abby squeezed Lindsey's shoulder. Scott Kaplan was her first serious crush, the first boy to truly trouble her heart, and Abby was both exasperated and pained by the experience. She wished she could say how little Scott would matter in the long run, but she didn't dare. "Did you bring a rubber band?"
Lindsey handed it over along with a bit of taffeta ribbon, pink with a narrow green stripe. "I don't see why I have to go on this trip when Jake doesn't."
"He has finals," Abby said.
"Oh, sure," Lindsey scoffed. "Like he'd choose cramming for finals over camping in the Hill Country. Finals aren't until next month anyway." Abby kept silent.
Lindsey said, "If you ask me he's not going because he doesn't want Dad on his case about law school again."
"Can you blame him?" Abby asked.
Lindsey didn't answer. She was as tired of Nick and Jake's continual bickering as Abby was. Nick was so much harder on Jake than he was on Lindsey. His preference was obvious, hurtful, but if Abby brought it up, Nick denied treating Lindsey differently. "You don't understand about boys," he would say.
"Oh, I think I understand perfectly. He's exactly like you," Abby would say.
Stubborn, she meant. Each one was determined to have it his own way.
"You know I'm right, Mom," Lindsey said.
"At least you won't have to listen to them argue."
"Maybe I'll go to law school."
Abby made a face. Lindsey never passed up an opportunity to remind her parents that she was the better student, the orderly, more agreeable child. "I thought you were going to play pro basketball overseas, travel the world."
"Is there a reason I can't do both?"
"Nope. You, my darling daughter, can do anything you set your mind to, just like your brother." Abby ran her fingers lightly down the length of Lindsey's braid.
"If only I could stay home like my brother."
"Your daddy has gone to a lot of trouble to plan this trip so he can spend time with you."
"I know. I just wish it wasn't this weekend."
"There are worse sacrifices," Abby answered, blithely.
"I have finals next month, too. And don't say it's not the same."
"Okay, I won't." Abby centered the griddle over the burner. "Will you set the table and call your dad? The French toast'll be done in a minute." She could feel Lindsey considering whether or not to push.
Please, don't. It was a prayer, a wish, yet one more in the sea of mundane moments from that morning that would return to mock her. To ask her: How could you? Because she would remember that Lindsey hadn't pushed; she'd set the table and left the kitchen without another word.
"What about jackets?" Abby followed her husband and daughter through the back door, onto the driveway. Although it was April, it was still chilly, and it would be colder where they were going.
Colder than home.
"It's supposed to rain," she said. "Maybe you guys should take your boots."
"Dad says it's not going to rain, that the weatherman doesn't know hisÃÂÃÂÃÂÃÂ"
"Lindsey," Abby warned.
"I wasn't going to say ass, Mom. I was going to say bum or buttocks or what about seater rumpus?" Abby rolled her eyes.
"He doesn't know his seater rumpus from a hole in the ground," Lindsey finished. She stowed her purse and iPod in the front seat. "Mom?"
"I wish you were going."
"You do? How come?"
"Because that delicious French toast you made for us? It's the last good meal I'll eat till we get home." Abby laughed.
"Very funny." Nick hefted his briefcase and laptop into the back of Abby's Jeep Cherokee, shifting it to fit, muttering what sounded to Abby like, "Who needs this?" Or, "Why am I doing this?"
She said, "Why don't you leave that stuff here? You don't have to work every weekend."
"I gave you the keys to the BMW, didn't I?" he asked as if he hadn't heard her, and maybe he hadn't or didn't want to.
"Oh, my gosh!" Lindsey's eyes were round in mock amazement. "Dad's letting you drive his precious BMW?"
"I know," Abby said. "I'm astonished, too."
He straightened. "Hey, funny girl, maybe I'll let you drive Mom's Jeep."
"For real?" She only had her learner's permit, wouldn't turn sixteen until August.
"Do you think that's wise?" Abby was instantly anxious. "She's never driven on the highway."
"She has to learn sometime."
"But they said it might storm."
"Like they know." Nick dropped his arm around her shoulders. "You worry too much."
"Just promise me you won't let her drive if the weather's bad."
"Jesus, Abby, I'm not stupid."
"No, Nick, I didn't meanÃÂÃÂÃÂÃÂ"
But he was stepping away, telling Lindsey to get in the car. He wanted to get to the campsite before dark.
She came over to Abby and hugged her. "Never mind, Mommy. You know how stressed he gets before a road trip. If he lets me drive, I promise I'll be careful."
Abby clung to Lindsey for a moment, breathing in her scent, leftover maple syrup and something citrusy, a faded remnant of little girl, the color pink, a lullaby. She said, "I know you will." She walked with Lind-sey to the car.
"We'll be back on Sunday." Lindsey settled into the front seat. "Unless we've starved to death from Daddy's cooking."
"I'll make a big dinner, barbequed chicken and corn on the cob. Chocolate cake for dessert. How's that sound?"
"I just hope I'm not too weak to eat it."
"I think you'll survive," Abby said. She looked at Nick over the hood. "Don't be mad because of what I said about Lindsey driving, okay? I didn't mean anything."
"She has to learn, Abby, and it's best if one of us is with her."
"I'm glad it's you." Abby meant it. Nick's nerves were steadier. She went around to him. "I hope you can relax and have some fun."
"Yeah, me, too."
She wanted his gaze and touched his wrist. "Nick?"
"We should probably talk when I get home."
"Things. Us. You know. Isn't that what you're always saying, that I should be more open with you?"
"Yes, butÃÂÃÂÃÂÃÂ " What's wrong? She bit her lip to stop herself from asking.
"Thanks for making the French toast." His eyes on hers were somber.
"Sure, of course. I was glad to. You'll be careful, won't you?"
Instead of answering, he cradled her face in his hands and kissed her, and his kiss was so gentle and tender, and so filled with something she couldn't define. Later she would think it was regret she felt coming from him, maybe even remorse. But then she'd wonder if she'd read too much into it, if her sense of that had been created in hindsight.
He touched her temple, brushed the loose wisps of hair from her forehead. "I don't want you to worry. We'll be fine, okay?" His look was complicated, searching.
"Okay," she said, and she might have questioned him then, but he left her and got into the car too quickly. They reached the end of the driveway, Lindsey waved, and they were gone.
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Servers that are used for virtualizing "heavy" workloads demand different design goals and features than older servers. This white paper looks at the most important features and design elements that should be incorporated into any new server, especially as more workloads are virtualized every day.
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Ludwig Thuille (1861-1907): Sonatas for Violin & Piano nos 1 & 2; Allegro giusto, Op. 39 / Marco Rogliano, violin; Gianluca Luisi, piano
1 CD / Naxos (USA) / 2013-02-26Works: Ludwig Thuille: Sonata for violin & piano, Op. 30; Sonata for Violin no 1 in D minor, Op. 1; Allegro giusto for violin & piano, Op. 39
Performers: Luisi, Gianluca; Rogliano, Marco
Expedition Audio Recommended
Thuille's writing remained, to a large degree, conservatively romantic, as can be heard here, in his Violin Sonatas Nos. 1 & 2, and...continue...
Recording information: Teatro La Nuova Fenice, Osimo, Italy (09/19/2011-09/21/2011)....continue...
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text: Glad you're finally up and running. I see that you have your first six posts already, so you should be 100% in the game now. If your first post is any indication, I think we're going to be quite happy that you've arrived. Keep 'em coming. That's what makes the site sing!


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Best Food Bibs & Smocks for Babies & Toddlers
Babies and toddlers are very messy. Especially when eating is involved. And that means you're going to need to have a few food bibs around. But all bibs are definitely not created equal and there are lots of different choices from traditional bibs to sleeved ones to body covering smocks. So which to choose?!
We decided to test out some of the most popular bibs available so you can figure out the best ones for you and your messy monkey.
Built Mess Mate Toddler Bib
The Built Mess Mate Toddler Bib is soft, comfortable and has a front pocket for catching food (a must-have if you don't have a dog to pick up all those crumbs!). The velcro closure is simple to use but doesn't rip off too easily.
This bib has been tested for FDA food safety, lead safety and phthalates. It's also PVC-, BPA- and vinyl-free. A pack of two bibs sells for about $20.
The Built bib is made out of neoprene (the wetsuit material). So it's perfect if you like to snorkle while feeding your baby! This material is described as stain-resistant. But I did have to scrub baby food off it, wait for it to dry and then I could still see some food on there.
It can be thrown in the washing machine. Although that's not a big sell with me because I do enough laundry around here. I'd rather be able to easily wipe a bib down and have it be ready for the next feeding.
Strengths: Comfortable material for your baby, front pocket, machine washable, and PVC-, BPA- and vinyl-free.
Weaknesses: Can't easily wipe it down. I had to scrub it in the sink and it was still wet the next time I fed my baby. Neck closure not adjustable.
Final Word on the Built Mess Mate Toddler Bib: I'd skip this bib. I prefer a bib that is easier to clean. I also did not love the color choices for these bibs. The muted colored stripes just weren't my thing.
OXO Tot Roll Up Bib
The OXO Tot Roll Up Bib is a little smaller in size than the Built bib (reviewed above) and is geared towards babies 6 months and up. The top portion of the bib is a comfy fabric and the bottom part is silicone with a food-safe silicone pocket. Currently sells for about $13 per bib.
The bottom part of the bib was a snap to wipe clean. But I had to scrub the top of the bib to remove stains and let it dry. The bib is machine washable. It comes in three bright fun colors: aqua, green or pink. BPA-, PVC-, and phthalate-free.
This OXO bib has two features that I really like. The neck closure is adjustable so it can get bigger as your baby grows. Also, the fabric part of the bib rolls into the pocket which makes it easy to throw in a diaper bag for travel.
Strengths: Comfortable fit for the baby, a very functional silicone front pocket, and BPA-, PVC- and phthalate-free.
Weaknesses: The top of the bib not as easy to clean as I would like.
Final Word on the OXO Tot Roll Up Bib: A really great option. Make sure you have a of couple bibs because the bib might not be dry, from cleaning, by the next feeding time.
Tommee Tippee Explora Easi-roll Bib
Obviously the name is terrible. Tommee Tippee Explora Easi-roll Bib? It sounds like some kind of crazy sushi roll. But don't let the name discourage you from buying this awesome bib which will only run you $13 for a 2-pack.
Long after you have thrown other bibs away because they are totally gross, the Tommee Tippee bib will still be around. It cleans very easily. Just simply wipe it down after each use. You will only need two of these bibs! It's waterproof and dishwasher safe. BPA- and phthalate-free. Fits babies 6 months and up. It has a front pocket for catching food.
Just like the OXO bib (reviewed above), it rolls up easily for travel and the neck closure is also adjustable. The material is not too stiff so it's comfortable for your baby.
Strengths: Very durable, ridiculously easy-to-clean, rolls up for travel, adjustable neck closure, and BPA- and phthalate-free.
Weaknesses: A little staining from the food.
Final Word on Tommee Tippee bib: If you don't buy this bib, you are afraid to be happy.
BabyBjorn Soft Bib
I don't exactly understand why this BabyBjorn bib is called the "soft bib" because it's actually pretty rigid. In fact, my baby had no interest in having this on and I don't really blame him. It just seems too stiff.
That said, it does have some nice features. It's very easy to wipe clean, has an adjustable neck closure and a nice front pocket for catching food. But that all seems useless if your kid doesn't want to wear the thing. Costs about $11.50 per bib.
Strengths: Super easy to keep clean, neck closure grows with your baby and big front pocket.
Weaknesses: Too stiff and uncomfortable.
Final Word on the BabyBjorn Soft Bib: I know some moms and dads will be tempted to buy this bib because it's made by BabyBjorn and yes, I love my BabyBorn carrier too, but definitely skip this bib. There are much better bib choices out there.
Now there will be times when you want more coverage for your baby. Maybe your baby is dressed up or you've already changed her clothes multiple times that day or perhaps you've got a real sloppy Suzy on your hands. The bibs/smocks reviwed below will give your baby a lot more protection.
BabyBjorn Eat and Play Smock
The BabyBjorn Eat and Play Smock gives serious coverage with long sleeves and even protection in the back. Think of it as a waterproof snuggie for your kid. It's very easy to wipe clean and is lightweight. The fabric is machine washable. Fits children from 8 months to 3 years. About $30.
Strengths: Really keeps your baby clean, easy to wipe off, lightweight, use for eating and playing.
Weaknesses: Kind of a pain to put on, more expensive than other bibs, a lot of material on young babies (see photo).
Final Word on the BabyBjorn Eat and Play Smock: I wouldn't use this for daily feedings because I like a bib I can throw on quickly. But, it's a great item to have around when you really want to keep your baby clean and transitions nicely into a toddler play smock.
Bumkins Disney Sleeved Bib
This is another great bib for keeping your baby mess free but with a bit less material than the BabyBorn Eat and Play Smock. The Bumkins Disney Sleeved Bib is a better fit for younger children (age 6 months to 2 years old). I found this a little quicker to put on than the BabyBorn Eat and Play Smock (reviewed above), too.
It's easy to wipe off this smock and machine washable. It has an old-school tie closure in the back and a pocket in the front. Lead-free, PVC-free, BPA-free, phthalates-free, and vinyl-free. Very lightweight. Costs about $13.
If you've got a Disney lover, this is a great option because it comes in 11 different Disney patterns. So you might be able to convince an anti-bib toddler to put this on without a struggle. Long live Belle!
Strengths: Good protection, affordable, easy to wipe off, lightweight, lead free, PVC free, BPA free, phthalates free, and vinyl free
Weaknesses: Your child will outgrow this one faster than the BabyBjorn Eat and Play Smock.
Final Word on the Bumkins Disney Sleeved Bib: If you want a long sleeve bib for your baby, this is a great, affordable choice.
Bumkins Junior Bib
Although sleeveless, the Bumkins Junior Bib definitely still gives more protection than a traditional bib. It's very easy to put on, lightweight and comes with a front pocket. The waterproof fabric is easy to wipe off. It's also machine washable.
It's lead-free, PVC-free, BPA-free, phthalates-free and vinyl-free. The neck closure is velcro and adjustable. Geared for ages 1 to 3. This bib costs about $10. It comes in a lot of adorable patterns.
Strengths: Lots! Easy on and off, lightweight, front pocket, cleans easily, lead-free, PVC-free, BPA-free, phthalates-free and vinyl-free, adjustable neck closure, inexpensive, cute pattern choices, affordable, transitions nicely into a play smock.
Weaknesses: I'm still trying to think of one.
Final Word on the Bumkins Junior Bib: If you want a bit more coverage in a bib, this is a fantastic option.
Which bibs did I love the most?
When it comes to the traditional bibs, my favorite is absolutely the Tommee Tippee Explora Easi-roll bib because it's just so easy to clean and it's a snap to dry-off. Plus it takes just a second to put on my baby.
When it comes to more protection, I really liked both the Bumkin options. They were just super easy to wipe off, very light and quick to put on. I ultimately felt like the BabyBjorn smock was a better play smock than bib.
Alpha Mom paid for all bibs tested in this review.
15 Responses to "Best Food Bibs & Smocks for Babies & Toddlers"
Trish Feb 15 at 6:49 pm Reply
We have ikea smocks similar to the babybjorm. But the boys won't wear something that all covering for meals. They will wear them for food prep and crafts
IrishCream Feb 15 at 8:54 pm Reply
I love, love, love the Baby Bjorn bib. I bought one when my first was six months, and it lasted through two kids and still looks brand new. My kids were little enough when we introduced the bib that they didn't complain too much and quickly got used to it. It doesn't stain, and that huge pocket catches everything. The rigidity is a plus because the pocket never gets covered up or folded shut.
Kelcey Feb 17 at 12:18 am Reply
That's great to hear that the BabyBjorn really works for some parents. And yes, I bet that pocket catches it all! Great feedback.
Emily Feb 16 at 12:23 am Reply
The BabyBjorn bib is our go-to, the pocket stays open but we also really like the Tommeeatippee ones and use them to travel. We use the Ikea smocks when we need more coverage, usually in the interest of keeping clothes clean. Those five (two come in two packs) are the only bibs we use!
Kelcey Feb 17 at 12:22 am Reply
That's for the awesome feedback Emily. Sounds like that BabyBjorn pocket is an all star! And I'll check out the Ikea smocks.
Miki Feb 18 at 11:54 pm Reply
I third the Baby Bjorn bib. We use it daily with our 2 year old and she doesn't mind it at all. She still makes quite a mess with liquids, but it catches them all. We also have, and use both the Bumkins short and long sleeved bibs. They are great, but take a while to dry (as opposed to the Bjorn bib that you can dry quickly with a paper towel). I use them more for arts and crafts.
Autumn Feb 18 at 11:59 pm Reply
We have a variety of cheapies from target/babies R us which I just throw in the washing machine when doing her laundry and hope I find them before they hit the dryer.
What someone needs to invent is a catch all thing that velcros to the kid's waist from the high chair tray to keep stuff from falling between the pocket and the tray on the sides.
Swaddle Feb 20 at 9:13 pm Reply
My son doesn't like to wear either a bib or smock these days. He's getting to fussy, but overall I prefer the bibs because its really easy to put on. When he was small, we sometimes unclothed him and let him make a mess and he wouldn't dirty any of his clothes. Then we just give him a bath afterwards. I guess it's part play and eat.
NewbieMom Feb 24 at 10:41 pm Reply
I would love to hear if any other mom has run into the problem of their munchkin yanking off the bib ? Mine pulls so hard that it left red welts on the back of her neck (if it didn't come off first). Is it cause I'm using mommy-mccheap bibs ?
Autumn Feb 26 at 12:34 am Reply
We are/were mean. Take off your bib, we take away your food. Drop food on the floor, meal time is over. True accidents were permissible. She caught on pretty darn quick. We started this around 10 months.
Rob O'Neill Apr 21 at 1:12 am Reply
Many parents want a baby bibs that is a good catcher for toddlers are so messy. They often encounter same problems and so do I. My really messy and he don't like wearing baby bibs. When I was still using the traditional bibs, he keeps on pulling it over and over again so I decided to bought some baby bibs for him and I was very surprised for he love it much. And now when he is wearing his baby bibs it keeps steady and I am very happy because he doesn't mess a lot and gladly no more stains.
lauren Jul 18 at 3:25 pm Reply
My 1 year old has been ripping his bibs off for months now…he pulls really hard until the velcro rips. I couldn't take his food away when he was 8 months old, he just wouldn't understand that, plus he was still primarily following the I scream-to-commuicate methodology back then. I just gave our daycare provider one of the bibs after a couple pasta incidents, so I'm going to order another 2 right now. I'll be checking out the closure on the bumpkins as well. I'll never return to velcro again.
Amanda Nov 19 at 12:00 am Reply
Seriously love you so much. I read everything you had about pregnancy while I was pregnant and now that my baby is here I keep coming back for the dumbest things. (like which bibs to buy) I don't know how I would parent without you!
Rebecca Dec 23 at 1:16 pm Reply
I have the Bjorn and the Tommee Tippee, both have pros and cons. Bjorn is easy to clean, but is easy to pull off and stiff. Tommy Tippee is harder to remove and easy to travel with but over time is get gross, greasy and impossible to clean. I wrote to the manufacturer and they said that was the rubber "going back to its natural state". So, neither are perfect in my opinion
Feb 17
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Here's how things are going for the customers of United Illuminating. That company serves my town, where, as of 6 a.m. today, 5 percent of people are still without power.
DickG. sends the question, with the following links:
A Wall Street Journal story about the risks of facial recognition technology, including giving far more information on the subject than the subject would have. Add to that, this.
Add to that this, technology that allows you to see through walls, available commercially, and in a handy, backpack-ready model, too.
Then, too, we probably aren't living our lives as privately as we'd like to think...do I sound paranoid? I hate it when I sound paranoid.
Disagree with the haters out there who have a problem with man having dominion over the fish of the sea, the fowl of the air, the cattle of the earth, and so on. However, I do think it's worth considering giving the fowl of the air dominion over the cattle of the earth, because it would be really funny to see, like, a wildebeest or whatever getting bossed around by a baby duck.
The folks at "Saint Matthew's Churches" (of Tulsa, Okla.) sent to my home a "prayer rug" that promises to bring me great riches, provided I:
The needs include "my soul," "Pray for God to bless me with this amount of money: $____," "less confusion in my home," and "a better job."
I'd check all the above, but that seems greedy.
How did they find me, all the way here in the godless Northeast, I wonder?
On my prayer rug (really just a large poster), Jesus is crying. I imagine Matthew, the apostle/tax collector, is, too.


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Loading Vacation deals...
Red Roof Inn Watsonville
1620 West Beach Street, Watsonville, California
1620 West Beach Street, Watsonville, California
Traveler Comments
I go to this hotel often. I like the attitude of the staff very much. It is both friendly and respectful, I always feel welcome and comfortable. The hotel is clean and the few problems I had over many visits were resolved quickly. Their juice brand is not the best, and you need to use T-mobile to internet, the house connection does not allow VPN.
location was great except located near some foul smelling factory I think
Good value.


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Traveling on Bastille Day?
My husband and I booked a trip to France from July 10-20 and I just realized that we'll be flying from Paris to Marseille on Bastille Day. I'm wondering what problems that may pose in terms of rental car agencies, airport functioning, and other closures. Any insights? Thanks!


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Black Friday Dirt Cheap Haul
Well I said I was gonna do it, so here it goes. I'm sharing my Black Friday Dirt Cheap Haul . Toot Toot!! (That was me blowing my own horn btw). Now before I go on, let me just explain that I am NOT one of those crazy people that get up at 3 a.m. to go shopping for TV's or weak Doorbuster Deals. I am a budgetnista to the core. I went to Dirt Cheap with a whopping $70 budget and I stayed on point with my plan – Get as much as I can down to my last penny LOL!!
Now I know most people would say "$70!?…Why I spend that on makeup & undergarments alone"…but not this girl. When it comes to staying fly on a dime I can plan & strategize my shopping trips to always get more for my money.
But anyway, enough talk, onto the deals.
Tired Yet? Wanna See More?
So that's my haul minus a few goodies that I can't show you yet because they're gonna be in my Annual Style & Beauty Giveaway…So make sure you follow me on Social Media to score some extra points toward your entry. Until next time Stars!
Did you grab any Black Friday Steals this year?
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Businesses say good service key to success
Sometimes it's luck, but more likely it's other factors that keep "we're open" signs on businesses.
Rocklin is no stranger to the hard hits from the economy, with vacant lots, for sale signs and closed signs scattered across the city. But many Rocklin businesses have held on strong, and for years.
Rocklin Florist on Pacific Street has been open and serving the community for more than 30 years. They opened their doors in 1975 offering designer floral arrangements for locals.
Mona Wooden, co-owner of Rocklin Florist, said customer service and a good product are vital to survival in this economy.
"Customer service right now is always important for any brick and mortar flower place … right now our struggle is against grocery stores," she said.
Instead of trying to compete, the shop concentrates on the customers that want the personalized attention and professionally designed arrangements, Wooden said.
Keeping an 'eagle eye' on expenses
It's also keeping track of money that has helped Rocklin Florist stay in business, Wooden said.
"We managed to stay afloat because we kept our expenses down," she said. "We keep an eagle eye on everything."
Lisa Vitello, owner of Wags to Riches, a 19-year-old pet grooming business in Rocklin, agreed that cutting the fat from the business' budget is crucial.
"You have to get lean and mean," she said. "You have to look at your expenses and eliminate everything that is extra."
'Kind of like 'Cheers,' where everybody knows their name'
But it's not just about the money – it's also about the customers and getting first-timers to become regulars seems to be the key to business success, no matter the niche.
"We have regular customers I see for every holiday," Wooden said.
At Venita Rhea's on Granite Drive, manager Michelle Regalado said their customers become part of the restaurant's family.
"It's kind of like 'Cheers,' where everybody knows their name," she said. "We anticipate their needs before they even know it."
The restaurant has served the area for more than 12 years and despite switching owners, staff have maintained relationships with their guests.
"We have a wonderful relationship with our customers," Regalado said. "What they want right now is a quality product … to get their money's worth."
Quality food and consistency is what has kept Venita Rhea's open and they plan to keep it that way, Regalado said.
"We plan to stay around forever with customers' help," she said.
Customer incentives keep them coming back
At Wags to Riches, Vitello said they try to give the customers the best service possible. One way is giving back through incentives such as a discount for referring a new customer to the shop and free services for booking 12 appointments within a specific timeframe.
Vitello said the majority of her clients are referral based.
"Word of mouth is usually what gets them in the first time," she said.
What gets them coming back, is a mixture of things like knowing customers by name, keeping staff educated on new pet trends and using high-quality products, Vitello said.
"We really have tried to do better," Vitello said. "We really had to pull together as a shop."
For more photos: Venita Rhea's: customer service is key


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Colorado Court of Appeals -- September 13, 2012
2012 COA 150. No.11CA1872. Chittenden v. Colorado Board of Social Work Examiners.
Court of Appeals No. 11CA1872
Colorado State Board of Social Work Examiners No. 2011-001224
Cora Lea Chittenden, LCSW,
Colorado Board of Social Work Examiners,
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
Announced September 13, 2012
Denis K. Lane, Jr., Colorado Springs, Colorado, for Appellant
John W. Suthers, Attorney General, Catherine Shea, Assistant Solicitor General, Denver, Colorado, for Appellee
¶1 Cora Lea Chittenden, a licensed clinical social worker, attempts to appeal from an order (the Order) of the State Board of Social Work Examiners (the Board) that declined to rule on her petition for a declaratory order.
¶2 Section 24-4-105(11), C.R.S. 2012, of the Administrative Procedures Act (APA) provides, in pertinent part, "The order disposing of the petition [for a declaratory order] shall constitute agency action subject to judicial review." As an apparent matter of first impression in Colorado, we construe the phrase "agency action subject to judicial review" within that provision to require final agency action under section 24-4-106(2), C.R.S. 2012, which governs judicial review under the APA. We further conclude that the Order did not constitute final agency action for purposes of the APA. Accordingly, we lack jurisdiction and therefore dismiss this appeal.
I. Background
¶3 Chittenden provided court-ordered therapy to a minor child. The child's father filed a complaint with the Board, alleging unlawful, unprofessional, and unethical conduct by Chittenden. The Board assigned the complaint case number 2011-001224 and began its investigation. Chittenden was then notified of the complaint and filed a response with supporting exhibits.
¶4 After reviewing the complaint, response, and additional information, the Board found reasonable grounds to believe that Chittenden had violated section 12-43-222(1)(g), (j), and (v), C.R.S. 2012. Before proceeding further, however, the Board made Chittenden a settlement offer, under which Chittenden would admit that she (1) fraudulently billed the father above the maximum allowable insurance provider rate, and (2) made unsubstantiated statements alleging a dire future for the child.
¶5 Chittenden neither accepted nor rejected this offer. Instead, she submitted a request for declaratory orders that (1) her billing had complied with applicable law and the Board had no jurisdiction over what was in essence a fee dispute between her and the father; and (2) she was immune from discipline for any of the statements that she allegedly made about the child.
¶6 In response to Chittenden's petition, the Board issued the Order, which stated, in pertinent part:
This letter is to notify you that at its meeting on July 8, 2011, the [Board] considered your petition of [sic] Declaratory Order contained in your letter of March 16, 2011 requesting a Declaratory Order in Case No. 2011-001224. After full discussion and deliberation on your request, the Board determined, in its discretion, that it will not rule on your petition. The reason the Board decided not to rule on your petition is that it does not feel that ruling on your request would terminate the controversy or remove uncertainty as to the applicability of any statutory provision or any Board rule or order. Furthermore, your client [sic] has another legal remedy, other than action for declaratory relief pursuant to Rule 57, Colorado Procedures, that will terminate the controversy or remove any uncertainty you have as to the applicability of the statute, rule or order in question.
¶7 Chittenden then filed a notice of appeal in this court, and the Board moved to dismiss the appeal in part on various grounds. The Board, however, did not move to dismiss that portion of the appeal relating to the Board's refusal to rule on Chittenden's request for a declaratory order.
¶8 A motions division of this court granted the Board's motion to dismiss in part, which concerned issues not pertinent here, but ordered the parties to address in their principal briefs whether a decision "not to decide" a petition for a declaratory order is an order "disposing of the petition" and thus subject to judicial review. After reviewing the parties' briefs, the record in this case, and the applicable law, we noted an additional jurisdictional issue and asked the parties to submit supplemental briefs addressing the following questions:
1. Does § 24-4-105(11), C.R.S., require final agency action within the meaning of § 24-4- 106(2), C.R.S., before an order disposing of a petition for a declaratory order is subject to judicial review?
2. If so, was there final agency action here, or should this appeal be dismissed without prejudice for lack of final agency action?
¶9 We address these questions first because we conclude that they are dispositive of this appeal.
II. Statutory Construction
¶10 With respect to the meaning of section 24-4-105(11), Chittenden argues that any order disposing of a petition for a declaratory order is subject to immediate judicial review, regardless of whether other matters are pending in the same administrative proceeding. She further asserts that section 24-4-105(11), unlike section 24-4-106(2), does not require final agency action prior to judicial review, but rather provides a separate and independent basis for such review. The Board, in contrast, contends that section 24-4-105(11) requires final agency action within the meaning of section 24-4-106(2) before an order disposing of a petition for declaratory relief is subject to judicial review. We agree with the Board.
A. Rules of Statutory Construction
¶11 The meaning of section 24-4-105(11) presents an issue of statutory construction that we review de novo. See People v. Daniels, 240 P.3d 409, 411 (Colo. App. 2009). Our primary purpose in statutory construction is to ascertain and give effect to the intent of the General Assembly. Id. We first look to the language of the statute, giving words and phrases their plain and ordinary meaning. Id. We read words and phrases in context and construe them according to their common usage. Id.
¶12 In addition, we must interpret a statute in a way that best effectuates the purpose of the legislative scheme. Id. When a court construes a statute, it should read and consider the statute as a whole and interpret it in a manner giving consistent, harmonious, and sensible effect to all of its parts. Id. In doing so, a court should not interpret the statute so as to render any part of it either meaningless or absurd. Id.
¶13 If the statute is unambiguous, we look no further. Id. If the statute is ambiguous, however, then we may consider prior law, legislative history, the consequences of a given construction, and the underlying purpose or policy of the statute. Id. We may also consider the title of the statute and any accompanying statement of legislative purpose. Larson v. Sinclair Transp. Co., 2012 CO 36, ¶8.
¶14 "A statute is ambiguous when it 'is capable of being understood by reasonably well-informed persons in two or more different senses.'" Jefferson Cnty. Bd. of Equalization v. Gerganoff, 241 P.3d 932, 935 (Colo. 2010) (quoting 2A Norman J. Singer & J.D. Shambie Singer, Statutes & Statutory Construction § 45:2, at 13 (7th ed. 2007)).
B. Application
¶15 Section 24-4-105(11) provides:
Every agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review.
(Emphasis added.) Thus, whether we have jurisdiction to hear Chittenden's appeal turns on whether the Order (1) disposed of her petition and (2) constituted "agency action subject to judicial review." We need not decide the first issue, however, because we conclude that the proper construction of the phrase "agency action subject to judicial review" is dispositive of this appeal.
¶16 In our view, the phrase "agency action subject to judicial review" is reasonably susceptible of the interpretations advanced by both parties. Accordingly, we conclude that the phrase is ambiguous and thus turn to the other rules of statutory construction discussed above to determine its meaning. See Gerganoff, 241 P.3d at 935. Applying those rules, we hold that, absent the applicability of the exception set forth in section 24-4- 106(8), C.R.S. 2012, which we discuss below, section 24-4-105(11) requires final agency action within the meaning of section 24-4- 106(2) before an order disposing of a petition for declaratory relief is subject to judicial review. We reach this conclusion for three reasons.
¶17 First, this construction is consistent with the APA's overall purpose and design, and it gives sensible and harmonious effect to all of its parts.
¶18 As pertinent here, section 24-4-106 is the provision of the APA specifically relating to judicial review. See § 24-4-106(1), C.R.S. 2012 ("In order to assure a plain, simple, and prompt judicial remedy to persons or parties adversely affected or aggrieved by agency actions, the provisions of this section shall be applicable."); see also Colorado State Bd. of Med. Exam'rs v. Colorado Court of Appeals, 920 P.2d 807, 810 (Colo. 1996) ("Judicial review of agency actions is governed under section 24-4-106 . . . of the APA."). Section 24-4-106(2) provides the general rule requiring final agency action as a jurisdictional prerequisite to judicial review. Section 24- 4-106(8) provides an exception to that general rule and allows a party suffering irreparable injury to bring suit to enjoin the conduct of an agency proceeding when the proceeding or the action proposed to be taken is "clearly beyond the constitutional or statutory jurisdiction or authority of the agency." See also Envirotest Sys., Corp. v. Colorado Dep't of Revenue, 109 P.3d 142, 144 (Colo. 2005) (noting (1) the general rule that "courts will not review or grant relief in regard to any aspect of administrative proceedings until the agency has taken final action," and (2) the exception to that rule set forth in section 24-4-106(8)).
¶19 Section 24-4-105(11), in contrast, falls within a statutory section that principally concerns the procedural due process requirements of hearings conducted by administrative agencies. See § 24-4-105(1), C.R.S. 2012 ("In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable."). Section 24- 4-105 as a whole does not concern judicial review rights. Moreover, although section 24-4-105(11) mentions "judicial review" of orders disposing of petitions for declaratory relief, it does not indicate whena party is entitled to such review. Nor do we perceive anything in section 24-4-105(11) that suggests a legislative intent to create an additional exception to the general rule requiring final agency action before a party may seek judicial review. And by interpreting section 24-4-105(11) to allow for judicial review only when an order disposing of a petition for declaratory relief constitutes final agency action, we give meaning to both sections 24-4-105(11) and 24-4-106(2). In contrast, Chittenden's alternative construction would arguably create a conflict with the statutory scheme set forth in section 24-4-106, which, as noted above, limits judicial review to final agency action, subject to a narrow exception for cases in which the agency lacks jurisdiction and the party seeking review is suffering irreparable injury.
¶20 Second, the parties have cited no legislative history to suggest that when the General Assembly adopted the provision that is now section 24-4-105(11), it intended to create a right of interlocutory judicial review for orders disposing of petitions for declaratory relief, regardless of the pendency of any other administrative proceedings. Nor are we willing to assume that the General Assembly intended so significant a departure from the general scheme for judicial review set forth in section 24-4-106 without stating that intention clearly.
¶21 Third, our interpretation is consistent with the important and related policy interests of (1) allowing agencies with expertise in a particular subject matter to develop the necessary factual record on which the agency and subsequent reviewing courts may base their decisions; (2) promoting efficiency in the administrative context by preventing the interruption and fragmentation of the administrative process; (3) preserving the autonomy of the agency; and (4) conserving judicial resources. See City & Cnty. of Denver v. United Air Lines, Inc., 8 P.3d 1206, 1212-13 (Colo. 2000) (identifying such interests in the related context of exhaustion of administrative remedies). These policy interests would be frustrated if, unlike most administrative orders, orders on petitions for declaratory relief were subject to judicial review notwithstanding the lack of final agency action under section 24-4-106(2).
¶22 Colorado State Board of Optometric Examiners v. Dixon, 165 Colo. 488, 492-94, 440 P.2d 287, 289-90 (1968), on which Chittenden relies, is inapposite. In Dixon, 165 Colo. at 491, 440 P.2d at 288, the plaintiff optometrists filed an action against the Colorado State Board of Optometric Examiners, seeking a declaratory judgment and injunction against enforcement of a regulation adopted by the Board. The Board asserted that the court lacked jurisdiction to grant the injunction because there had been no final agency action under the applicable judicial review statute. Id. at 492, 440 P.2d at 289. Our supreme court disagreed, however, finding such final agency action. Id. at 492-93, 440 P.2d at 289. Accordingly, although Dixon contains certain language regarding the general purposes of declaratory relief, see id. at 493- 94, 440 P.2d at 289-90, the case does not support Chittenden's argument that she is entitled to judicial review notwithstanding the absence of final agency action.
¶23 Nor does Saxe v. Board of Trustees of Metropolitan State College, 179 P.3d 67, 79 (Colo. App. 2007), assist Crittenden. In Saxe, 179 P.3d at 70, the plaintiff professors brought a declaratory judgment action concerning certain contract rights. A division of this court held that the matter was ripe for adjudication in a declaratory judgment action, even though the contract had not yet been breached, because an actual controversy existed. Id. at 79. Thus, Saxe concerned the propriety of bringing a claim for declaratory relief. It did not, however, address the finality or judicial review of agency action and, therefore, is inapposite.
¶24 For these reasons, we conclude that, subject to the applicability of section 24-4-106(8), an order disposing of a petition for a declaratory order under section 24-4-105(11) is properly subject to judicial review only when that order constitutes final agency action within the meaning of section 24-4-106(2). See Bell v. New Jersey, 461 U.S. 773, 778 (1983) (although a statute facially permitted judicial review of actions of a board, the Supreme Court held that a final order was necessary, because "[t]he strong presumption is that judicial review will be available only when agency action becomes final"); Shea v. Office of Thrift Supervision, 934 F.2d 41, 43-45 (3d Cir. 1991) (although a statute facially appeared to allow for judicial review of any order issued by an agency director, the court held that the term "order" in the statute at issue required "that an action have a determinative effect so that it may be properly characterized as a 'final order'").
III. Finality
¶25 Having thus determined the proper construction of section 24- 4-105(11), and given that no party has asserted that section 24-4- 106(8) applies here, we must decide whether the Order constituted final agency action within the meaning of section 24-4-106(2). We conclude that it did not.
¶26 For agency action to be final pursuant to section 24-4-106(2), it must (1) mark the consummation of the agency's decision-making process and not be merely tentative or interlocutory in nature, and (2) constitute an action by which rights or obligations have been determined or from which legal consequences will flow. See Bennett v. Spear, 520 U.S. 154, 177-78 (1997); MDC Holdings, Inc. v. Town of Parker, 223 P.3d 710, 721 (Colo. 2010); Janssen v. Denver Career Serv. Bd., 998 P.2d 9, 12 (Colo. App. 1999).
¶27 Here, for three reasons, we conclude that the Order did not constitute final agency action.
¶28 First, the Order did not mark the consummation of the agency's decision-making process. Chittenden's petition was filed in the same action as the pending disciplinary complaint, which action is ongoing. Moreover, the issues raised in the petition concerned whether Chittenden could be subject to discipline for the actions she was alleged to have taken, and these arguments can properly be raised and heard in the context of the ongoing disciplinary process. See CareToLive v. von Eschenbach, 525 F. Supp. 2d 938, 948-49 (S.D. Ohio 2007) (holding that a letter requesting further information before approving a license application was not final because it was not the consummation of the agency's decision-making process, which process was ongoing), aff'd, 290 F. App'x 887 (6th Cir. 2008).
¶29 Second, the Order did not determine Chittenden's rights and obligations, nor did any legal consequences flow from it. The Order did not determine whether Chittenden will ultimately be subject to discipline. See Dixon v. Riley, 515 P.2d 1139, 1139-40 (Colo. App. 1973) (not published pursuant to C.A.R. 35(f)) (holding that a board's order requiring a licensee to undergo an examination by a physician and a psychiatrist and to appear thereafter to answer questions about his ability and competence to practice optometry was not final agency action). Nor did the Order determine whether, as a matter of law, Chittenden could be subject to discipline for the actions she is alleged to have taken. And the Order did not deprive Chittenden of any rights of judicial review. The only question is when Chittenden will be entitled to such review.
¶30 Finally, the Order did not evince any intent by the Board to issue a final order. Compare Keystone v. Flynn, 769 P.2d 484, 489 (Colo. 1989) (holding that a Public Utilities Commission decision was not intended to be final where the Commission remanded the case to a hearing examiner for the purpose of submitting a recommended decision on the merits of the matter at issue), with Colorado State Bd. of Med. Exam'rs v. Lopez-Samayoa, 887 P.2d 8, 14 (Colo. 1994) (holding that a Board of Medical Examiners order was final where it was captioned "Final Board Order," it notified the respondent that the decision became final upon mailing, and it advised him of the procedures for judicial review). To the contrary, the Order stated that Chittenden had another legal remedy, which appears to have been a reference to the ongoing proceedings before the Board. Moreover, the Order did not state that it constituted final agency action, and it did not include a list of all parties to the proceeding or the Order's effective date, both of which are required in orders constituting final agency action. See § 24-4-102(1), C.R.S. 2012.
¶31 In holding that the Order did not constitute final agency action, we acknowledge that certain courts have held that an agency's refusal to issue a declaratory order constitutes final agency action subject to judicial review. See, e.g., Teleconnect Co. v. Iowa State Commerce Comm'n, 366 N.W.2d 515, 518 (Iowa 1985) ("Because, in this case, the commission's refusal to issue a declaratory ruling was a final action, all administrative remedies were exhausted."); Human Rights Party v. Michigan Corr. Comm'n, 256 N.W.2d 439, 442 (Mich. Ct. App. 1977) ("[W]e find that a refusal to issue a declaratory ruling under [the state APA] is subject to judicial review as an agency final decision or order in a contested case."). Those cases are distinguishable, however, because the petitions at issue there were not filed in actions already pending before the administrative agencies, nor were previously filed proceedings involving the petitioners still pending before such agencies.
¶32 Accordingly, we conclude that the Order did not constitute final agency action under section 24-4-106(2), and thus we lack jurisdiction over this appeal. See Colorado Court of Appeals, 920 P.2d at 814 (holding that a division of the court of appeals acted in excess of its jurisdiction when it ruled on a non-final agency order that did not fall within the "very narrow confines" of section 24-4-106(8), which provides an exception to the rule requiring finality).
IV. Conclusion
¶33 For these reasons, the appeal is dismissed.
JUDGE ROMÁN and JUDGE BERNARD concur.
These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.
Colorado Court of Appeals Opinions || September 13, 2012


text:
GOP senators vow to block Medicaid expansion
Wednesday, March 26, 2014
More than two dozen people testified in favor of legislation to expand Missouri's Medicaid program at a House committee hearing Tuesday, and more than 2,000 witness forms from across the state were added to the stack of supporters, while none voiced opposition.
But five Republican senators stood on the Senate floor Monday and spent most of their first hour back after the week-long spring break pouring cold water over hopes the General Assembly might be moving toward expansion, vowing to block any expansion legislation that reached their desk this session.
"There is no path for Medicaid expansion in the state of Missouri this year," Sen. Brad Lager, R-Savannah, said Monday.
The committee on Tuesday heard testimony on three bills that envision expanding eligibility requirements for people to access Medicaid coverage or subsidies for federal exchange plans to 138 percent of the federal poverty line. At that level, the federal government picks up at least 90 percent of the cost to cover new beneficiaries and 100 percent for the next two years.
One of the bills, sponsored by Rep. Noel Torpey, R-Independence, also includes a variety of reforms to increase accountability of those covered and price transparency for health care services. One of those provisions would require people on Medicaid to be working or searching for work and to pay for a portion of their coverage.
"The eligibility changes and the reforms are linked together if we truly want to get something passed this year and further down the road," Torpey said.
The Missouri Chamber of Commerce, the Missouri Hospital Association, doctors, faith leaders and activist groups all supported the expansion plans, but the most powerful testimony came from a handful of Missourians who make too much money to qualify for Medicaid but not enough to qualify for support to buy health plans on the federal exchange.
"Doctors tell me to apply for disability, so I can get insurance. But who at 29 years old wants to be disabled? I don't understand: I work, I go to school… what about those people who actually work?" said Jamie Kanan of Potosi, who works two jobs, raises her five kids and goes to college part time. Kanan said she needs back surgery, because her abusive ex-husband beat her, but she cannot afford it.
"If we put trust in these (lawmakers), I hope they will put trust in us," she said.
Jeri Landon, who is the sole wage-earner in a household with her disabled husband and adult daughter and is also a former cancer patient, said she forgoes regular screenings and fears her disease will return.
"I'm anxious about my health every day. If I get sick, who will take care of my family?" she asked the committee.
Todd Foltz of Gladstone told the lawmakers he suffers from multiple sclerosis and without insurance cannot afford the $5,000-per-month costs for medications to treat his disease.
"I fall squarely in the Medicaid gap, and for me it's becoming not just a gap but a crevasse, and it's becoming not just frightening but terrifying," he said.
Proponents argue expanding health coverage will help prevent worse diseases and higher medical bills from accruing, improve the overall health of the workforce, keep primary care physicians from leaving the state and is the moral thing to do. Heidi Miller, a primary care physician, told the committee she has hundreds of examples of patients who became sicker than necessary because they weren't insured.
"Do you know what happens when you have a broken arm and no orthopedist to fix it? The same thing that happened 1,000 years ago or in third world countries, you either die or it heals crookedly," Miller said. "You and your legislative partners can support my patients better than I can… none of my expertise comes to fruition if the meds are unaffordable."
Rep. Chris Kelly introduced a bill to expand eligibility under the current system but has said he also supports the reforms in Torpey's bill. He argued that Medicaid expansion and the federal dollars that would accompany it was good for the state budget. He pointed to the fiscal note on his bill that says expansion would increase state general revenue by nearly $50 million this budget year and $150 million next year.
"Here is the ironic thing, if any of us would isolate the amount of things that would come to our community… the amount of economic benefit that would accrue from this bill… (that representative) would be crowing from the rooftop," Kelly said.
Despite the wide support, Medicaid expansion faces stiff opposition in both of the Legislature's Republican-controlled chambers. House Speaker Tim Jones, R-Eureka, told The Associated Press there was little "appetite for (expansion) this year."
On Monday, Sen. John Lamping, R-Ladue, said there was a better chance of repealing the Affordable Care Act at the federal level than there was of expanding Medicaid at the state level.
"This is done, it's not happening, find something else to do, get on a plane and go convince the federal government to repeal Obamacare, because you have a better chance of getting that done," he said.
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text:
The Pound (Sterling)
Sterling showed a signs of a slight recovery yesterday afternoon after a sharp decline following preliminary GDP reports for Quarter 4 on Tuesday morning came in at -0.5% against an anticipated +0.5%. The slight recovery was thanks to minutes from the Bank of England that showed a second member of the Monetary Policy Committee voted for a 0.25% rise in interest rates. The pound lost between 1 and 1.5% against a basket of actively traded currencies yesterday but ended the day clawing back around half of those losses by the close of play. The UK now faces the strong possibility of negative growth and increasingly high inflation leading to stagflation and therefore very little which can further support Sterling.
Sterling started the day at a low not seen since November the 8th against the Euro and a 1 week low against the US$ but ended up over half a percent during intraday trading.
There were fireworks in the House of Commons as PM David Cameron conceded the figures were "disappointing even when you have excluded what the Office for National Statistics say about the extreme weather". He added: "This country does have a very difficult economic situation for two main reasons. First of all, we have the biggest budget deficit in Europe and we have to get to grips with that and that is difficult. And second, we had the biggest banking boom and the biggest banking bust anywhere in Europe, and we have to deal with that."
Mervyn King Head of the Bank of England also implied that he is not in favour of a tightening of policy in the near term, favouring the likelihood that inflationary pressures will subside over the medium term.
The Hometrack survey released at midnight showed house prices falling for the seventh consecutive month, standing at 2.2% down from a year earlier.
The Euro
The Euro had a relatively flat day against most currencies as most eyes were on more volatile pairings linked to GBP. The euro rose very slightly against the US dollar as the European relief fund's bond climbed in the first day of trading. Pressure remains on the single currency to resolve sovereign debt issues and further talk yesterday of issues in Greece could result in further Euro weakness following a strong spell last week.


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How much sleep is too much sleep for a 2 week old newborn?
It seems like my 2 week old son has days where he goes all day without sleep, and then days where he sleeps all day. On the days where he's up all day, he's sometimes really fussy, and on the days he sleeps, I have to physically wake up to eat. Is this normal?
Posted: 01/16/2008 by MIssyDice
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he is newborn be happy. unless he has been tested as anemic or with hemophelia he is just tired like you may be, babies have a long journey like us moms. I hope my baby gets good rest.posted 05/07/2008 by MommaCaa
is todily ok me little girl did that all the time but she got up to eat on her oun you may wont to try and get him done for one or to naps anyway you can the swing seemed to work but it tuck some time but if you cant it ok he jest mite fuss but that the way it gose.posted 05/07/2008 by rpeyo
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text: Jill Brody Appeal Alleges Disparities in Sports By James Lenz • Jun 21, 2012 Jill Brody filed a formal complaint with the Macomb School District in late March under federal Title IX law. Superintendent Alene Reuschel responded that the district is in compliance. Title IX law requires "equivalent" treatment of male and female athletes. Brody appealed Reuschel's finding in May. Reuschel says, "She can ask the board to review that decision. And there's a time frame and so once the board has reviewed, and within that time frame, the board will eventually direct me to respond to Dr. Brody their decision." The board has until mid-July to respond.