text:
I met a guy one night,
I had little cash on me, only enough to help me wait for another guy who ended up standing me up; thanks a lot 'another guy'. Anyway, guy number one was a different specimen all together. He came to my table, introduced himself by all three names, stared blankly as I introduced myself as if I was talking about the weather. Right off the bat,he insisted on telling me how he owns land in Mombasa and Nakuru. He made sure I knew how humble he was by constantly reminding me how he struggled in his childhood and how that if it wasn't for God, he would not have the big luxury car he had parked outside. He encouraged me by saying that one doesn't have to hustle at all.
"I mean look at me," he said, "my sister now lives in a house at 200,000kshs per month."
He did not have the courtesy to buy me a drink to help me swallow the 'bs' he kept spewing out but he did repeat all three of his names more than twice just in case I had forgotten. He also made sure his voice was heard by everyone in the club because everyone needed to know how the good lord had blessed him and his family. I definitely needed to know how he was no longer living in his mother's house but that he was living in his own house (rent unknown) and driving his own big, luxurious car which he bought with his own money. I also needed to know that he had a really nice job.
He must have also seen how curious I was to know how he could spend over 10,000kshs(that's a lot apparently) on a night out and how he can drink on credit at The Tribe hotel because, well, they all know him there. He must have also heard me enquire why the club 3 floors up treats him like royalty and how if any of the waiters from there were to see him drinking at another pub, they would immediately swoosh him up to the top floor because they couldn't afford to lose their biggest customer. He must have also noticed how I was dying to know how his father was the wisest man that ever lived and made sure he left his children a truck load of inheritance that included land in several counties.
Of course every sentence was punctuated by 'I owe all this to God' because then if I scowled or rolled my eyes I would have been that girl (rude bitch) who doesn't want to listen to testimonies of the lord's goodness. He paused after every few sentences to dance to a song and to think of the next thing he could brag about obviously. The Dj and waitresses, whom I know personally kept looking at me and smiling empathetically. It seemed they too had heard this story a few times. I silently cursed the friend who had stood me up; this was wholly his fault.
I'm sure he thought he was really testifying as he loudly and drunkenly rumbled on about all his riches and glory in the name of God. He finally left my table without so much as a 'What are you drinking' and 'can I get you one'. If only I had carried my savings account (a sock full of one bobs) and left my politeness at home, that man would have been telling a whole different story about the girl at the pub who attacked him with a sock full of coins.
But that night I was just a girl who went to her local pub to have one drink for the road and contemplate why she had so many stories in her head and no money in her pocket.
NB: I was embarrassed to note that the guy hailed from a village just next to mine somewhere in Western so no stereotypes to be qualified here. Turns out, a douchebag is a douchebag and they come in all shapes and sizes. We are one.


text: As usual, on the new website, I created few backup jobs in BackWPup (Free) – my favorite WordPress backup plugin, setup the scheduled start time with WordPress cron. Because I setup one daily backup also send a copy to Box.Com via email, which will trigger an automatic notification email from Box.Com, I get to know if the scheduled backup is executed on time. But something strange happened after the following two days. The scheduled backup didn't start as expected.

subset: commoncrawl


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What Happened To And How Were Gay People Labeled In Nazi Germany? How Did Nazi's Justify Their Actions? (Reaction Paper Sample)
Search the Holocaust Encyclopedia for such phrases as "racism", "Social Darwinism", "propaganda" or any topic of interest related to the Holocaust at: https://www.ushmm.org/learn/holocaust-encyclopedia
Speech to SS Leaders (Poland, 1943) by Himmler.
[Gay People] and the Third Reich by James Steakley.
Please right in MLA format double spaced. Use these three sources I've given. Please cited and have a work cited page in alphabetical order. Also make a very clear thesis. Thank you!
Date of Submission
Gay People in Nazi Germany
Antisemitism was profound during the Nazi Germany. During this time, the economy, culture, education, and laws became aligned to Nazi goals. Inequality took over with the white race being superior to the rest creating a social Darwinism society (Encyclopedia). Amidst, the very attributable racial differences, suppressed behavioral characteristics took effect. Homosexuality was seen as uncouth and measures were taken to wipe out such practices in order to maintain the purity and growth of the Germany people. Therefore, this paper aims at evaluating the labeling of the gay people in this kind of society and the justification of Nazi's actions.
Nazi regime regarded homosexuality as a social vice that would hinder Germany's efforts to gain superiority in the racial struggle. According to Nazi, growth in population was a deterministic feature to attain recognition as a race. Thus, discouraging gay behaviors would encourage multiplication through childbearing. Upon gaining power, Nazi deepened the oppression of German male homosexuals. Dissolution of gay institutions, labeling them and confining them to concentration camps were some of the prosecution mechanism employed by the Nazi regime to wipe out homosexuality.
The Nazi's branded gays as "contagion" carriers as they weakened the growth of the Aryan population that was considered pure. Banning gay practices would promote in-ma
Other Topics:
- Impacts of the World War I Reaction Assignemnt Description: The complexity of world war 1 is closely related to the theorized causes and the lengthy period over which the tension lasted before it escalated into war...1 page/≈275 words | 6 Sources | MLA | History | Reaction Paper |
- What Happened To Africans During European ColonialismDescription: How does the white mans burden by Kipling compare to what happened to Africans during European colonialism? What burdens did Africans have?...2 pages/≈550 words | 4 Sources | MLA | History | Reaction Paper |
- Lincoln on Leadership Research Assignment PaperDescription: Have analytical detail. An "ingredient" should be developed by at least one long paragraph and demonstrate a well thought out belief....3 pages/≈825 words | No Sources | MLA | History | Reaction Paper |


text:
Publish America v. Writer Beware Settled
A defamation lawsuit filed in 2014 by Publish America (now America Star Books) against Writer Beware, Victoria Strauss, Michael Capobianco, and Rich White has been settled. In addition to defamation, the lawsuit alleged conspiracy. In January 2016, America Star Books' attorney reached out to settle the lawsuit. America Star agreed to release all claims asserted against Writer Beware (et al.), and to stipulate to Dismissal With Prejudice. ASB does not admit lack of merit and the Writer Beware group does not admit any liability. Writer Beware is an organization which focuses on warning authors of predatory practices in the publishing industry.
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text: You may have seen "Stride" our friendly, oversized walk-to-school foot on Monday this week. Some of you have been asking about the walk to school app. From Monday, children who walk to school will begin to be awarded points. After a month, they will receive their badge which allows them access to the app. If they have completed enough walk to school runs. We hope you all enjoy the exercise along with your children and it is great that we are all looking after the children's health in such simple ways, together.


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A friend of mine who lives in New York recently took a walk on the Brooklyn Heights Promenade, which is threatened under the status quo by City plans to rehabilitate the expressway below it. The Promenade is a lovely pedestrian park that sits directly above a section of the Brooklyn Queens Expressway (The BQE), thanks to a unique "triple cantilever" whose lower two cantilevered structures carry six lanes of expressway traffic, plus two lanes on the surface-level local street below. Rather than rehabilitate the existing BQE, activists in New York should demand its full removal, and with it, the pedestrianization of the Brooklyn Bridge. The unique collection of political actors affected by these plans give socialists a unique opportunity to put together a broad coalition to address traffic congestion, build new social housing, and create the best park since the High Line. Below is the sewer socialist counter-proposal: the Brooklyn Bridge to Promenade Proposal, with a map at the link.
The BQE is in the news because the New York City Department of Transportation (DOT) recently announced that its plans to rehabilitate the structure involve closing the Promenade and replacing it with a six-lane highway for at least six years. The triple cantilever is overdue for rehabilitation. There is no reason to doubt the civil engineers who have outlined the need for repairs. However, from the point of view of politics and policy, New York's leadership has assumed that the rehabilitation must preserve all six lanes of expressway traffic throughout the duration of the project. Accordingly, DOT has come up with a complicated plan that will allow them to permit traffic to flow freely by replicating the functions of the expressway at the expense of the Promenade, rehabilitate the structure itself, and then (in theory) restore the Promenade to its former glory. In practice, cost and schedule overruns in American infrastructure (especially in New York) being what they are, it is entirely possible that the "temporary" expressway will simply become permanent.
Why should socialists care?
In the poorer and less powerful neighborhoods in the city (the ones that Moses simply bulldozed rather than accommodating with his prowess for park building), the City would simply be able to force the technocratic outcome. Brooklyn Heights, however, is a wealthy and well-connected place. The Promenade was a dream of the Brooklynite middle class for over a century before it was constructed for Robert Moses as part of the BQE's original build-out. Unlike other neighborhoods that were destroyed to make way for Moses' expressways, the Master Builder had to accommodate Brooklyn Heights when the neighborhood lobbied against his original plan to destroy it, resulting in the original construction of the Promenade. It's fair to ask why socialists should make common cause with wealthy and privileged communities that, if the history of urban space is any indication, are capable of taking care of their own interests. After all, there are many urban highways through poor neighborhoods that don't have promenades on them. Why should Brooklyn Heights get special treatment? Why should the socialist movement intervene to save a rich neighborhood's park?
There are a number of reasons: because decommissioning highways will cut carbon emissions regardless of whether those highways are sited in rich or poor neighborhoods, because the promenade is a public space that anyone can enjoy regardless of wealth, and because left a local issue, the most likely outcome is an alternative that preserves the Promenade but rebuilds the same carbon-spewing roadway below, probably at greater expense. From a pure realpolitik perspective, decommissioning the BQE is a climate campaign that socialists can jump onto and have a decent chance at victory, because a coalition that includes the relatively well-connected Brooklyn Heights upper middle class has a good chance at beating City Hall. The task for socialists is to convince them that they must not only save the Promenade but decommission the expressway below (a source of pollution and noise), while bringing on board more socially diverse coalition partners. They would do this by expanding the scope of the local protest to encompass a broader agenda that would benefit the great majority of the city, addressing an icon as universally beloved and shared as Brooklyn Bridge. In addition, poorer, less connected neighborhoods would be able to point to the BQE decommissioning when their own expressways come due for replacement. The beginnings of well-connected resistance are on display already, as, according to my friend, windows are dotted with signs that say "We need a better way than a six-lane highway." For all that urbanists like to complain of "NIMBYs" blocking light rail, bike lanes, new housing, and various other urban dreams, we forget that they have their roots in good old-fashioned freeway revolts.
Accordingly, a series of proposals have been put forth as an alternative to the City's plans. The Brooklyn Heights Association proposes a six-lane temporary structure outside the Promenade. The Regional Plan Association proposes a four-lane rather than six-lane replacement. The City Comptroller proposes a partial rehabilitation that would create a two-lane road for trucks only, probably the best of the mainstream proposals considering the freight needs. The most aesthetically exciting proposal is from architecture firm Bjarke Ingels Group, which understands the value of knitting together the Promenade to the new parklands being built by the city below. A similar proposal called the "Tri-Line" proposes to do the same thing, with preservation of the triple cantilever as a pedestrian space. However, both propose a new boondoggle in their place: a buried highway, almost certainly making these options more expensive. The City should carry out a version of these proposals (the Tri-Line or the Bjarke Ingels "Option A"), minus the buried highway. The only through route should be the existing two-lane Furman Street, and as little traffic as possible should use it.
Independent researcher Alon Levy goes a step farther, saying what the institutional powers of New York cannot: that the whole thing should be torn down from the Battery Tunnel to the Williamsburg Bridge. Despite being wrong in some details (and, in a stark example of urbanist hyperbole, making a bizarre comparison to lynching and colonialism), he's right. The portion from Atlantic Ave to Sands St, along with the additional work at the Brooklyn Bridge and elsewhere that would be necessary to make its decommissioning successful are the focus of the Bridge to Promenade Proposal.
Brooklyn Bridge to Promenade
Decommissioning the BQE triple cantilever would allow the City to build a continuous stretch of parkland for pedestrians and cyclists all the way from the southern tip of the Brooklyn Heights Promenade to City Hall via a pedestrianized Brooklyn Bridge. Decommissioning solves the basic problem of infrastructure rehabilitation. With no need to phase construction with partial lane closures or build temporary routes, it will be easier, faster, and cheaper to rehabilitate the triple cantilever, freeing up the money for other needs. There are three issues that need to be addressed with this approach, however: the problem of car traffic, the problem of freight traffic, and the problem of bus traffic (due to the redirected car and freight traffic). All three can be addressed, but not without changing the political status quo. Fortunately, there are three opportunities that arise from using this approach, that can each bring in a member of the broader coalition: more parkland, more bicycle and pedestrian connections, and more housing.
The Problem of Car Traffic
Reducing car traffic in favor of pedestrian, wheelchair, bicycle, and transit modal share should be a goal of public policy, for the sake of cutting climate emissions if nothing else. Fortunately, teardowns of urban highways actually reduce traffic, as New York learned when the West Side Highway collapsed (and was never replaced) and Seattle recently learned when "Viadoom" never happened during the temporary decommissioning of the Alaskan Way Viaduct. On balance, traffic reduces by about half, with the other half redirected to surface streets. In other words, decommissioning the BQE does half of the job in and of itself. With the entire BQE decommissioned between two major crossings into Manhattan, a large share of regional traffic would simply avoid downtown Brooklyn. To further cut down on car traffic that currently uses the BQE, two more measures would be required: closing the Brooklyn Bridge to cars, and extending the newly minted Central Business District (CBD) Congestion Zone to Downtown Brooklyn. Without the Brooklyn Bridge, another source of car traffic to the BQE is eliminated, and congestion pricing on the Manhattan side will likely cut down on the impact of the Brooklyn Bridge closure to traffic on surface streets. It follows to do the same thing on the Brooklyn side, extending the congestion zone into Downtown Brooklyn. The new zone would be bordered by a major vehicular street on all four sides to allow a free bypass: Sands to the North, Atlantic to the South, Flatbush to the East, and Boerum to the West. The CBD toll would be applied to the Manhattan Bridge in both directions to prevent "bridge shopping," but anyone driving from within Brooklyn who stays on those four streets would not be tolled. With the elimination of the temporary highway on the Promenade, and everything outside the cantilever reduced to demolition, the Bridge to Promenade proposal would save highway transportation funding relative to current plans, while increasing congestion pricing revenue. Including this in the proposal would likely win the support of many of the members of the coalition that supported congestion pricing, fresh off a historic victory.
The Problem of Freight Traffic
With such walkable neighborhoods and so many public transit options, it is makes sense to ask motorists to pay their fair share. Trucks, however, are harder to redirect, especially for an archipelago city that lacks a rail connection to its own port, an issue that should be separately addressed with the construction of the Cross-Harbor Freight Tunnel. The section of the BQE proposed for demolition is the main north-south through route for trucks. Though regional north-south traffic should stay in New Jersey and only cross at the George Washington or Tappan Zee Bridge, there is still a need for a secondary through route within Brooklyn. At Atlantic Ave, the expressway structure would be replaced by an intersection, and trucks would be required to turn right and head east. A few blocks later, they would turn left onto the new north-south route: Boerum Place, the western boundary of the congestion zone, and then Sands, the northern boundary. From Sands to Park, the existing BQE would be torn down and the new truck route configured as an arterial road. As Levy proposes, the sections on either side of the decommissioned Brooklyn Heights and Downtown Brooklyn sections of the BQE would be directly replaced with surface avenues. Though not the first choice of shippers compared to an expressway, ensuring a modern surface through route might allay their concerns. This would mean that the project would retain freight transportation funding sources and, ideally, ensure some measure of support from commercial interests.
The Problem of Bus Traffic
Boerum Place is currently used by buses as the southbound portion of a loop at which several services terminate. Buses coming from the bus mall on Fulton Street and points south discharge passengers near the Borough Hall, lay up on Cadman Place West, turn onto Tillary St, and then begin their new runs southbound on Boerum. With Boerum repurposed as a truck-priority arterial, the eastern portion of the bus loop (as well as the bike lanes) would be moved one block east, to Jay Street, which would be closed to cars entirely. Jay St would retain its protected bicycle lanes and turn its travel lanes into into an extension of the Fulton Bus Mall. The protected bike lanes would continue south as Jay St becomes Smith St, which would be converted to a bidirectional street at least as far as Atlantic, at the entrance of the congestion zone. Buses that currently use Boerum to approach Borough Hall from the south would use Smith instead, and either turn left into the bus loop or continue north on Jay. The portions of the bus loop made up by Cadman Plaza West and Tillary St would still be open to car traffic, but on-street parking would be removed and replaced with bus lanes, protected bike lanes, and a bus terminal with opportunity chargers for electric buses. If possible during this conversion of Boerum into a truck route, the work would be combined with a major transit expansion: the street would be torn up using cut-and-cover to build a new connection between the Borough Hall and Jay Street Subway stations, as well as a station cavern below for a Regional Rail station on the LIRR Atlantic Branch (which already has a disused tunnel under Atlantic). The station cavern would be used to stage the tunnel boring machines which would drill under the river into Lower Manhattan's WTC/Fulton complex under Pineapple St or another candidate for an under-river tunneling approach. Even if only the bus improvements take place, they could bring in public transportation funding sources to the project and win the support of transit advocates.
The Opportunity of Park Development
The proximate reason to decommission the BQE is to save the Promenade, but the opportunity is to better connect it to the Brooklyn Bridge Park below. Only one vertical circulation connection exists now, a pedestrian bridge about a block north of the Promenade. Repairing and pedestrianizing the cantilever would more than triple the size of the Promenade, creating a High Line for Brooklyn. Simple pedestrian bridges over Furman Street would connect the to the parks below. In order to preserve maintenance access to the repaired cantilever, the City would not build any new structures on or under it, but would equip the lower levels of the Promenade for street vendors and other programming. Park expansion is what can make the proposal decisive politically. It would bring in parks funding sources and, as Robert Moses himself said, "when you're on the side of parks, you're on the side of the angels," and so could win the support of everyone who likes parks. In addition, more space is freed up with the decommissioning of the BQE, because a large berm sits behind Pier 3 whose purpose seems to be to block the park from noise. One possible use for the land would be as a hotel, as the Brooklyn Bridge Park is technically zoned for manufacturing and already has a hotel on it. This would bring in economic development funding sources to the project. The City would contract with a union hotel chain to operate the hotel, receiving income from their ownership of the land and providing an aggressively marketed alternative to illegal AirBNB hotels. This might win support of the Hotel Trades Council.
The Opportunity of Bicycle and Pedestrian Connections
The pedestrianization of the Brooklyn Bridge is proposed here as a necessary step to reduce traffic in response to the BQE's decommissioning, but it is also an opportunity to improve bicycle and pedestrian connections. The Brooklyn Bridge has six lanes: three on the southern span and three on the northern span. In addition, it has a pedestrian path, half of which is, in theory, reserved for bicycles. In practice, there are too many pedestrians to make this a usable bicycle route at all times of day, and the pedestrian areas would be crowded in and of themselves even if they had the full path. Under the Bridge to Promenade proposal, the southern span would be repurposed for the exclusive use of bicycles and pedestrians (closing the existing pedestrian path to bicycles). The northern span would be reconfigured for use by emergency vehicles only, as a two-lane road with shoulders. This would require reconfiguring one exit ramp each direction on the northern half (because its direction would change) but these ramps would not need to accept high traffic volumes. They should still be designed not to preclude use by buses or light rail, in case those services are added to the Brooklyn Bridge. The southern span would become bicycle and pedestrian-only, with the vehicular ramps repurposed as bicycle and pedestrian approaches, connected to protected bike lanes and crosswalks on the surface streets on either side. With the Brooklyn Bridge pedestrianized, vertical circulation between the two levels would be added at both towers, with an additional elevator and stairs added to the eastern tower, giving direct access from the bridge to the park that bears its name – and even designate the pedestrian path as a linear park for branding purposes, meaning that Brooklyn Bridge Park would stretch all the way from City Hall to the expanded Brooklyn Heights Promenade. The bicycle and pedestrian improvements would bring in streets funding sources and win the support of safe streets advocates.
The Opportunity of Mixed-Use Social Housing
Even with the expanded parkland, there would be a great deal of space created for development, including approximately ten city blocks' worth of land in Brooklyn and Lower Manhattan, thanks to the demolition of the BQE in Brooklyn and unneeded exit ramps leading from the bridge to the FDR in Manhattan. More may be available with the conversion of other sections of the BQE into avenues: Hicks Ave, Park Ave, and Williamsburg Ave. Considering that they are replacing expressways, mid- or even high-rise development would not be an eyesore, and the land is already owned by the City. Rather than give city land away to private interests, socialists would use their position in the coalition to fight for city-developed mixed-use districts with retail, light manufacturing, and especially social housing. As proposed by People's Policy Project in Social Housing in the United States, social housing is publicly-developed housing built to serve a mix of incomes, with market-rate apartments to help cover the costs of construction and maintenance, but also produce a share of deeply affordable units. Though ideally receiving federal funding under a new Green New Deal housing bill, the City could finance construction through bonds backed by the rents of the market-rate units and the retail parcels on the ground floor. Because some of these parcels are technically zoned for parkland, the new buildings would have rooftop parks that would be directly accessible to the public through elevators connecting to the rest of the parkland (while residents would have their own lobby entrance and residents-only balconies and terraces). Public housing residents elsewhere in the community board district would have the right of first refusal to the new apartments, permitting the gut rehabilitation of any public apartments in need of repair, and saving money for the embattled New York City Housing Authority as it addresses its massive capital backlog. This would bring in housing funding sources and allow the proposal to win the support of tenant activists, housing advocates, and some development interests such as the building trades, as well as everyone who pays too much rent.
Take Back the City
These are very much first-draft proposals, especially considering that planners and engineers would have to weigh in on the feasibility and implications of each of them. While it expands the scope of the BQE project, it does so alongside the money saved from decommissioning, and does so to take advantage of the likely effects of the teardown, while proposing new funding sources and political interests that might support the additional scope. Despite the fact that it would involve working with interest groups under capitalism – the upper middle class of Brooklyn Heights, the development interests that want new buildings and new property-value boosting parkland with them, and the private contractors who would build it all – it is a socialist proposal. Acknowledging the engineering constraints and the existing balance of interests in the city is what makes it a sewer socialist proposal – the epithet originated as a criticism of Miwaukee's Socialists by the more revolutionary wing of party. It is still a socialist proposal because unlike the capitalist status quo of balancing the exchange values of various property owners against one another, it subordinates each of those special interests to a social vision of the public interest. That public interest is defined in terms of use values for the great majority of ordinary people who lack connections to political and bureaucratic insiders. They don't control the city, but they live in it, work in it, and use it, and they deserve a city that works for them. The people of Brooklyn Heights have a right to keep their Promenade, just as the residents of the Gowanus and Farragut Homes have a right to decent, affordable social housing. Pedestrians have a right to public recreational amenities, just as truck drivers and e-bike delivery workers have a right to safe and well-designed routes through those same areas to do their jobs. Everyone has a right to mobility, but because cars are the dirtiest, most dangerous, most socially exclusive, and most inefficient way to achieve that mobility, motorists must be secondary in plans to allocate city space, and must pay their fair share.
The people of Brooklyn Heights are demanding a better way than a six lane highway. Socialists in New York should use that demand to make it happen.


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Last year our children in 1st – 5th grade had the opportunity to take part in Children Worship! — a discipleship program designed to help them learn more about congregational worship. At the end of this study, these students were invited to reflect on the many ways they could continue to learn about worship by participating in worship leadership and by assisting in other necessary roles (greeters, sound team, etc.) that help us worship as a community.
Growing out of these discussions, the idea of a worship apprenticeship was born, and this fall we will begin taking the steps to implement it. On September 23, all elementary children (grades 2-5) as well as all youth (grades 6-12) who are interested in participating in the Worship Apprenticeship Program, which will include "shadowing" and assisting our worship leaders and volunteers, are invited to attend an introductory class during the Sunday morning service.


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Tired of using a regular fork – or, let's be honest, your hands – to swipe up all that juicy condiment carnage with your fries? McDonald's Frork is the latest fast food product designed to garner fast laughs. As with Burger King France's Whopper-flavoured toothpaste, it's unclear whether or not the Frork is real.
McDonald's is apparently unleashing the Frork on the U.S. for a limited time, and announced the product with a tongue-in-cheek infomercial starring English pitchman Anthony Sullivan (of OxiClean and Edge of Glory fame).
"While the Frork is supremely superfluous, it shows that McDonald's is willing to do whatever it takes to help (our customers) enjoy every last bite," McDonald's chef Michael Haracz said in a statement.
The silicone fry-fork hybrid is tied to the release of three new sandwiches that will be available at McDonald's U.S. restaurants: Maple Bacon Dijon, Pico Guacamole and Sweet BBQ Bacon. On May 5, a limited supply of Frorks will be given away with the purchase of one of the new sandwich offerings.
"Will the Frork change your life? Probably not," Sullivan says. "Will the Frork improve your Signature Crafted Recipes eating experience? I mean, sure… maybe!"


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Welcome to Following the Whispers blog
Thank you so much for taking the time to visit. Hope you enjoy your stay. I blog here whenever I feel the need. This blog was created at the time my memoir came out, in February, 2009. Its motto was: creating a life of inner peace and self-acceptance from the depths of despair. Now, my focus is sharing this journey we call life.
"Only one thing is more frightening than speaking your truth, and that is not speaking it." Naomi Wolf
"We are called human beings, not human doings." Wes Nisker, Buddhist teacher
"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs…(And) if he fails, at least fails while daring greatly." Theodore Roosevelt
Tuesday, October 2, 2012
Telling the Truth Tuesday - a new paradigm
Now, instead of guilt-ridden meals eating out, worrying about how much salt something has, whether I will gain 2 pounds and how long will it take to lose it, I can eat a meal in a restaurant and just enjoy it. Don't get me wrong. I still have to make wise choices. Otherwise I'll be right back where I was. But there's a little flexibility there. And the guilt is gone.
It is definitely a new paradigm for me, and one I am enjoying very much.
How about you?
10 comments:
- Claudia Moser said...
Smart approach, I agree with you!
- October 2, 2012 at 4:05 AM
- Elizabeth Spann Craig said...
That's such a sensible way of handling it--thoughtfully ordering, but then genuinely enjoying it!
- October 2, 2012 at 5:02 AM
- Alex J. Cavanaugh said...
If you eat sensible at other times, eating out should be a guilt-free treat.
- October 2, 2012 at 5:21 AM
- Luanne G. Smith said...
Yeah, those sneaky hormones can really mess with us. I have thyroid issues and so I can gain weight just from smelling fattening food. It's a struggle. But if I go out to eat I try to order the healthiest item on the menu and enjoy. I also indulge in a glass of wine. :)
- October 2, 2012 at 7:16 AM
- Suze said...
It sounds like a good place to be, Karen.
- October 2, 2012 at 8:45 AM
- Jack said...
Weight loss is hard, I know from experience. But I have heard, as you said, a little guilt free sometimes helps. Just, not too much, as I often do.
- October 2, 2012 at 8:52 AM
- Tonja said...
I've just made the decision to be thin again. No guilt, just adding a little bit of daily exercise. It's going to hurt, but less and less every day. :)
- October 2, 2012 at 11:49 AM
- Melissa Ann Goodwin said...
I was actually a child-chubby, but around age 13 I lost my baby fat. I always have had to be aware though, and to balance calories and exercise. I've gone up and down, but never to really overweight. Oddly on our travels, I lost some weight without trying right off the bat. Since then, I haven't watched WHAT I eat, only how much and I really haven't excerised either, but my body seems happy maintaining a lower weight all on its own. i think something has come into balance - and that's my new paradigm - I haven't thought about calories in 6 months, haven't weighed myself in 6 months, and haven't felt GUILTY about eating something yummy in 6 months, and I'm slimmer than I've been in 10 years... hmmmm...
- October 2, 2012 at 12:45 PM
- Arlee Bird said...
Congratulations on the weight loss. I wish I could say the same. It seems like I've cut way back on my eating and I try exercise regularly, but I seem to stay at the same weight, which is good that I'm not gaining, but I wouldn't mind losing 20 or 30 pounds.
Tossing It Out
- October 2, 2012 at 2:53 PM
- Sharon K. Mayhew said...
Congratulations on your success. I gained 56 pounds over the last three years. I was depressed, so I ate more. Then I was going to the gym and not eating more than 800 calories and I just kept getting bigger and bigger. This year I joined an extreme fitness gym and realized that my extreme calorie control caused my body to save everything I ate. My doctor kept telling me this and I thought she was nuts. So now I'm trying to eat between 1000 and 1500 calories a day and I've finally stopped gaining and started losing weight. I'm down about 10 pounds. :)
- October 2, 2012 at 9:05 PM


text: This brief discusses the population of young people experiencing homelessness who identify as lesbian, gay, bisexual, transgender, questioning, and gender non-conforming (LGBTQ/GNC). An estimated 20 to 40 percent of homeless youth are LGBTQ/GNC. This population is also disproportionally more likely to be involved with the juvenile justice system. The results of one survey of seven juvenile facilities reveal that 20 percent of the detainees identified as LGBTQ/GNC, which is about two to three times higher than the average youth population. LGBTQ/GNC youth also have higher arrest and detainment rates for status and nonviolent offenses. The Coalition for Juvenile Justice emphasizes the need to develop transition planning and re-entry services for LGBTQ/GNC youth who are exiting the juvenile justice system. This brief provides a list of recommendations to help stakeholders address the unique needs of this youth population.


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Although usually regarded as a vegetable, aubergine (or eggplant or brinjal as it is also called) is technically a fruit. The type of aubergine most familiar in British supermarkets is plump, glossy and dark purple in colour. In recent years it has become strongly associated with Mediterranean cookery, a main ingredient in such fashionable dishes as moussaka, ratatouille, and baba ganoush. It comes, though, in a wide variety of shapes, sizes and colours, and has long been grown throughout the world, having come originally, it is believed, from Asia, probably India.
As far as cooking is concerned aubergine is exceptionally adaptable. It can be baked, grilled, fried, boiled, stuffed or stewed, and while low in calories is high in vitamins B and C. Its fleshy texture is absorbent, allowing it to match with all kinds of different flavours. This, I think, is the quality that most attracts me to aubergine. Not only is it a key element in many celebrated dishes like those mentioned above, it can also be used in a large variety of ways as a dish in its own right, making it a centrepiece rather than an ingredient as it were. It is definitely a vegetable (or fruit) to be adventurous with.
Aubergine cooked in a cream sauce is a good example, a simple yet delicious aromatic dish which can serve for a formal or an informal supper. The quantities I have given will make a generous meal for two people. To provide for more, simply increase the quantities to whatever you need.
1 medium onion or leek thinly sliced
1 medium aubergine
1 large field mushroom, peeled, destalked and thinly sliced
Single cream, 300ml (10 fl oz) or the richer double cream if preferred
Dried cinnamon or nutmeg, a scant level teaspoon
Tomato purée (optional)
Salt and pepper
Lay the aubergine on a chopping board. Wipe the aubergine and, using a large sharp knife top, top and tail it. Cut it in half lengthways and then cut both sections in half lengthways again. Then slice all four sections crossways into the size of chunks desired. At this point, older cookery books always recommend that the aubergine should be sprinkled with salt and set aside for thirty minutes so that any bitter juices can drain out of it, but nowadays modern cultivation has rendered this practice unnecessary. In a deep frying pan, gently fry the aubergine chunks and the mushrooms in some olive oil, together with a knob of butter (optional), or use, as I often do, vegetable lard. Be prepared to add quite a bit more oil or fat because of the extremely absorbent nature of both aubergines and mushrooms.
When the aubergines and mushrooms are beginning to soften with as little browning as possible, cover lightly with stock. Bring to boiling point, reduce heat. Add salt and pepper, stir in a dash of tomato purée (optional) and simmer uncovered, carefully and slowly, stirring regularly, for fifteen or twenty minutes until the aubergine is soft and there is very little liquid remaining. What liquid there is left will be rich. Pour onto this liquid as much of the cream as is needed (probably all of it). Stir in the nutmeg or cinnamon, and heat through.
Serve very simply with rice, or with new potatoes and green vegetables, or pasta, or a side dish of roast potatoes or roast parsnips, or vegetarian sausages or burgers, or pretty well anything you fancy.


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Capital City Bikefest – Downtown Raleigh, NC
Every year motorcycles of all kinds join together with their families for a weekend of biker activities, rides and shopping in vendor's booths. Other activities...Read More
Every year motorcycles of all kinds join together with their families for a weekend of biker activities, rides and shopping in vendor's booths. Other activities...Read More
All About Beer Magazine sponsors annual beer festivals in North Carolina, South Carolina and Virginia since 1996. The World Beer Festivals are among the premier beer...Read More
One of the most anticipated and popular annual events in North Carolina is the North Carolina State Fair held every October in the fair grounds. Nearly one million...Read More
Northwestern University's Dillo Day is an all-day music festival that takes place annually on the last Saturday in May. The festival, which is open to...Read More
If you're a fan of Americana, bluegrass, jazz or blues, it's time for a road trip down to Central Texas. The Old Settler's Music Festival, held in...Read More
Wanna be on TV? Every year in June, Nashville celebrates country music with the annual CMA (Country Music Awards) Music Festival, which includes four days of concerts,...Read More
The weekend-long Forecastle Festival (pronounced F'ok_sol) in Louisville, Kentucky, celebrates its 10th anniversary this year with headliners such as My Morning...Read More
Nebraska's annual Junk Jaunt is a 300-mile road tripper's fantasy–especially if you know a good deal when you see one. The three-day event, which is...Read More
The Annual Carolina Renaissance Festival and Artisan Marketplace is an out-of-this-world-experience. No, but really. Every Saturday and Sunday for about seven weeks,...Read More
Looking for some good food from all over the world, local entertainment with a generous side of all things art? Check out the Arts in the Heart Festival held annually...Read More
The Strawberry Festival in Plant City, Florida, brings around 500,000 people from all over Florida and the world to celebrate the local strawberry crop by hosting an...Read More
* they are taking 2013 off and will return in 2014 Music on the Mountaintop (MOTM) is the first ever large scale summer festival in Boone, NC which initially started as...Read More


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Any reason why Nasus W cooldown doesn't start after the ability is finished??
I've said it so many times and I'll say it again. Nasus with rank 5 W and 45% CDR can spam W every 1.05 seconds. It says 6.05 seconds on the tooltip but because it starts when W is pressed and not after the W has ended, you need to minus 5 off the tooltip cooldown amount. 1.05 second point and click W spam that slows targets upto 95% and reduces attack speed by 47.5%. Unless you play a champion that has 500 dashes like Riven or you dash/flash over a wall, you have no chance to get away from Nasus once he starts the W spam on you. It is bullshit, toxic game design that completely shuts down the majority of the champions in the game with a press of a button.
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In this modern 'Age of Internet', businesses cannot thrive without addressing the critical issue of online visibility and customer interaction. Any business that is looking to grow and expand has to make a name for themselves on various social media platforms by engaging with users.
We at CHL Digital create content that is tailored to the context of each individual social media platform. This activity drives user engagement and content sharing, resulting in greater online visibility. This not only helps get attention of potential customers but also at times help in the process of lead generation.


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Interserve sold and given £110 million cash injection
Interserve has been sold after filing for administration, the outsourcer announced.
There will be £110 million of new money coming into Interserve Plc – which holds crucial Government contracts for a range of services in prisons, schools and hospitals – and all companies in the group other than the parent firm will remain solvent.
Interserve employs 45,000 people in the UK, and the move has been welcomed by the Cabinet Office.
A spokesman for the department said: "It brings the company the stability required for it to compete for future business and continue to deliver good value public services for the taxpayer."
The sale is expected to go through on or before Monday, according to a statement from the company.
The statement said: "The group believes this is the best remaining option to preserve value, protect the jobs of employees and ensure the group can carry on as normal with minimal disruption."
The "alternative deleveraging transaction will restore the group's balance sheet and provide additional liquidity", it said, adding: "The administrators have immediately sold Interserve's business and assets to a new company, to be controlled by Interserve's lenders."
Earlier on Friday, Interserve's investors voted against a rescue plan which aimed to slash near-£650 million debts by proposing a debt-for-equity swap with its lenders which would have seen their holding slashed to just 5%.
The deal involves the equitisation of around £485 million of existing debts.


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"Sirens" (Official Music Video) – Pearl Jam
Monthly Archives: September 2013
Album Review: MGMT – MGMT
The hardest critic to shake off is perception. This has been and continues to be the biggest problem for MGMT. Perception says their audience should be 19-year-olds sharing Brooklyn efficiencies while mocking Top 40 pop. Or acid-dropping Flaming Lips disciples trying to find some combination of Zaireeka discs that make it sound likeRead more
The Kills announce North American dates, confirm work on new album
The Kills will hit North America this December for a string of performances, including a date in Brooklyn supporting a little band called Queens of The Stone Age. The duo of Alison Mosshart and Jamie Hince will play material off their excellent 2011 album,Blood Pressures, though a press release addsRead more
Fleetwood Mac to reunite with Christine McVie
Christine McVie will reunite with Fleetwood Mac for the first time since 1998 for a pair of shows during the band's upcoming world tour. The news was revealed by Stevie Nicks, who told BBC Radio 4 (via Rolling Stone), "[McVie] is going to come and do a song on the second two shows.Read more


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Having fair enjoyed an early January outing to an obscure Cowal Graham, Creag Tharsuinn, despite a wet day with virtually zero visibility , I thought it might be nice to have a look at another obscure Cowal Graham in better conditions. In the course of bagging Creag Tharsuinn from Glenbranter, I'd had the opportunity to recce a potential route up Beinn Bheag on the opposite side of Glenshellish. Despite (like many Cowal hills) having an awful lot of forestry around it on almost all sides, the map showed a potential way up via a handy firebreak going all the way up through the all-encompassing Sitka gloom, which according to the OS map starts just at the point where the lower forestry track on the west site of the Glenshellish Burn crosses the burn by a bridge and makes a hairpin turn to run back up the glen on the east side of the burn.
I thought it might also be nice to bag the former S2K Marilyn of Cruach Bhuidhe, also known less catchily as 'Point 568' and sporting a trig point, no less, despite the fact it has now been demoted to just a Submarilyn.
Anyway, this was my route as it actually panned out, more or less:
I got a relative long lie once again, and didn't arrive at the main Glenbranter car park until about 9:30 a.m. It was a lovely bright February morning, but there were only a couple of other cars about. I set off in good spirits up the main track south of the car park, passing the bridge to Glenshellish Farm and the west side of the glen, ignoring the right turn signed for 'Lauder Works & Wildlife Hide', and then a bit further on, turning off left on the rougher track signed for 'Glenshellish Loop' at the point where the main track heads right uphill. Before long, all three of the Grahams in this area were lined up along the horizon: Creag Tharsuinn on the right, Beinn Mhor looming large in the middle, and Beinn Bheag showing off its knobbly ridgeline on the left.
A bit further up the glen, and Beinn Bheag's cockscomb ridgeline was looking even more tempting:
Further up yet, and Beinn Mhor was looming massively at the end of the glen, as its name would suggest. It may just be one of the higher-end Grahams height-wise, but it has a big 'footprint' in terms of high ground!
Beinn Bheag is most commonly climbed, by the sounds of it, along with Beinn Mhor, linking the two hills via the Bealach Bernice. I did consider the option of cutting up right (south) of the forestry to tackle Beinn Bheag via the Bealach Bernice, but the OS map shows the south end of the Beinn Bheag ridgeline to be steep and craggy, and I didn't fancy tackling it with this much snow on the hills .
The Forestry Firebreak it was, then. Sure enough, I soon spotted it exactly where the map had suggested, just where the track crosses the Glenshellish Burn and takes a hairpin bend back north.
It was quite a steep ascent, and crosssed some fairly rough ground particularly towards the start, but it did give a mostly Sitka-free route up.
About halfway up, I paused to admire the view of Creag Tharsuinn on the other side of Glenshellish. Ah, so that's what it looks like! When I climbed it in early January, I couldn't see the nose in front of my face ...
A bit more climbing, and to my considerable relief, the top of the trees finally hove into view...
A short steep haul up a grassy bank (thankfully too steep to hold much snow) and I was up on the summit plateau . This had a much thicker layer of the White Stuff, however, and that slowed me down considerably. Conditions were fairly soft, and snowshoes would definitely have been handy ! I cut up northeast, to the right of the craggy lump marked on the OS Explorer map as 'Meall Breac'. As I rounded the south end of the Meall, a lovely brooding view emerged of Beinn Ruadh, a Graham on the other side of Loch Eck, with a threatening sky behind it.
As its name ('Rough Lump') would suggest, the east side of Meall Breac proved to be pleasantly craggy, with some interesting wee rock stacks.
A bit further north, and a pointed summit which I took to be Beinn Bheag's summit environs came into view. However, this turned out just to be yet another false summit, and the actual summit was a wee bit further along again. Still shedloads of snow about!
It wasn't too much further from here to the top. There are two high points just about ten metres apart that vie for the title of the True Summit: I think the first (southern) one is the real deal; it looked as though there was a small cairn under all the snow. They were both fantastic viewpoints, anyway, with a thrilling drop to the east all the way down to the long glacial trench of Loch Eck, The best of the views were probably still south-east to Beinn Ruadh, with sea lochs behind it on both sides:
The Corbett Beinn Bheula was looming large to the north-east, backed by numerous Arrochar Alps:
Beinn Mhor was still looming just as large to the south:
...And there was a grand view out west down the left side of Beinn Ruadh to the fractal coastline of East Cowal, with its various sea lochs:
Enough with the views, already - I had another hill to climb, albeit a rather 'unofficial' one. This is the little peak bearing a trig point at NS125947, marked on the OS map with a spot height of 568 metres. In the first edition of his 'Relative Hills of Britain', Alan Dawson listed this as a Sub2K Marilyn, no less, named 'Cruach Bhuidhe'. However, re-surveying has apparently revealed that it is exactly one metre short of the required 150 metres of relative height, so it is now demoted to just a 'Submarilyn' in Appendix B of RHB. So obscure is it, in fact, that it seems to have become subject to something of a Name Controversy, with the new SMC 'Grahams & Donalds' book insisting that it isn't called Cruach Bhuidhe at all, but just 'Point 568', with the name 'Cruach Bhuidhe' being reserved for a smaller northern outcrop closer to where the words are printed on the OS map. Ho hum. It's a fine rocky wee peak, anyway, and I feel that it deserves a better name than 'Point 568'. Perhaps we can agree to refer to it as 'The Former Yugoslav Republic of Cruach Bhuidhe' ? Here's a picture of it on the way down from Beinn Bheag, anyway.
It's a steep descent to the bealach, and I took my time, but at least there were some wee crags complete with picturesque icicles by way of distraction:
The actual bealach itself was predictably boggy, and also heavily forested at the true col, so that it was necessary to accept a bit of extra height loss to cut down a bit to the east of this. In fact, with all that forestry at the col, I would think that this would be rather difficult terrain to survey properly, so the Former Yugoslav Republic might just turn out to be a S2K Marilyn someday after all !
The re-ascent was initially rather tricky, with a short unavoidable finger of forestry that had to be crossed, followed by jooking round a crag to gain a steep grassy ramp that provided a way up to the summit environs. It took me longer than I'd expected, but eventually I was up at the trig point, enjoying a grand view back south to Beinn Bheag and Beinn Ruadh:
Turning northwards, there was another fine view of the Alps, and also a rather incongruous-looking green shed just a few metres away from the summit, presumably belonging to the Forestry Commission.
Out to the west, there was a clear view of Creag Tharsuinn ... and could that be the Paps of Jura on the far horizon ?
I headed down towards the Shed, thinking that I could shelter on its northern side from the chilly southerly wind. To my considerable surprise, it turned out that the door had Fell Aff, and that the shed was open to the elements! It wasn't the most luxurious of accommodation, and there was a rather alarming notice on the back wall giving instructions for performing CPR , but at least it provided a nifty bit of shelter while I enjoyed a rather belated lunch .
It may currently be a bit challenged door-wise, but it's certainly a Shed with a View !
Hopefully the Forestry Commission may get round to giving it a new door soon; I can't imagine that it will last very long otherwise.
Now it was just a matter of finding a way back down through the Sitka monoculture to Glenbranter. In the first instance I headed back down the steep grassy ramp I had come down, then started bushwhacking down through the trees, hoping to pick up a stream or something that might give a relatively tree-free descent route. It was hard work at first, but I managed to pick up a rough disused track heading northwards just a bit below the treeline which I followed north for a few hundred metres, then cut downhill to the west where it met the beginnings of one of the eastern tributaries of the Glenshellish Burn. As I'd hoped, there was a small unplanted strip on both sides of the burn which provided a rough-and-ready way down.
I made slow work of it, but eventually I made it down and across an upper forestry track (which I avoided as it would have meant a fairly considerable detour), and further on downhill to a lower forestry track that should hopefully lead back to Glenshellish Farm. Thankfully this did exactly what the OS map suggested, although it is worth noting that nearer the farm, it crosses a recently clear-felled area with fresh logging, complete with 'No Unauthorised Access' signs and the like . Thankfully all the Forestry guys had clocked off for the weekend, however, and I was able to plod on down the track without getting in anyone's road.
This was a grand wee winter's walk, with a pleasantly off-piste feel to it. The only human being I met all day was a chap out for a walk down in the clear-felled area: we passed the time of day, and had a brief discussion around poor Point 568's Name Controversy.
I'd definitely recommend Beinn Bheag - a grossly under-appreciated wee hill. The Former Yugoslav Republic of Cruach Bhuidhe ain't too bad, either .
Share your personal walking route experiences in Scotland, and comment on other peoples' reports.
Warning Please note that hillwalking when there is snow lying requires an ice-axe, crampons and the knowledge, experience and skill to use them correctly. Summer routes may not be viable or appropriate in winter. See winter information on our skills and safety pages for more information.


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A national bankruptcy mechanism is under discussion by policymakers, covering local governments and enterprises, to prevent systemic financial risks, said a senior official with the central bank.
"The key task is to prevent debt default risk," said Wan Cunzhi, director-general of the PBOC's Credit Information System Bureau, at a news conference on Thursday. He said the mechanism will include indebted local governments, while market-oriented measures will be introduced to ease their debt burden.
Bankruptcy of local governments was rarely mentioned in China before, and the official didn't release more details on the mechanism. It reflected that policymakers have noticed the potential challenges and more measures are expected to strengthen financial stability, analysts said. Total local government debt reached 19.9 trillion yuan ($2.89 trillion) by May, according to the Ministry of Finance.
The State Council released a guideline on Tuesday for building a credit-based market regulation system. The bankruptcy mechanism is one part of the whole system. Besides local government, individuals and enterprises will also be regulated.
Companies with bad credit records will receive serious punishment, said Lian Weiliang, deputy head of the National Development and Reform Commission. "For the worst scenario, the companies could be prohibited from the market."
The measures for rating companies' credit are being drafted, and market-oriented third-party institutions and industry associations will be involved in the rating process, according to Lian.
According to the State Council's guideline, individuals' and companies' credit performance will be recorded in a timely, accurate and comprehensive manner, while targeted regulatory measures will be taken on market entities with different credit levels.
Credit defaulters will be held accountable in line with specific regulations and laws and urged to rectify their irregular practices, it said.
More efforts will be made to enhance credit regulation information disclosure and improve regulatory efficiency by leveraging big data and other technologies, according to the guideline.
The People's Bank of China, the country's central bank, is also building the country's nationwide credit information system, which is composed of a national financial credit information database and market-oriented credit information institutions.
By the end of August, the national database included information on 25.42 million companies and 970 million individuals, becoming the world's largest.
Including internet finance and peer-to-peer lending information in the national system is the next step in the top financial regulators'plan. The system will also include data from securities and insurance companies in the future, Wan said at an earlier conference.
"Information leakage and hacking could potentially be major threats to the credit information system's security," he said. "So far, the system is generally stable, and has not displayed any serious leakage risks."


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We're so grateful to all the charities that have signed up as registered charities for this year's event.
Here are just a few success stories to show you the kind of impact that your fundraising will have:
In 2014 Busoga Trust delivered:
74 New Community Water Sources (including 26 re-sited wells)
106 Rehabilitated Community Water Sources
46 Domestic Rainwater Tanks for individual homes (including the new EMAS tanks, partially underground)
Which means that over 90,000 people obtained access to a functioning water source and improved hygiene and sanitation.
Fragile X:
Over the past 25 years the Fragile X Society has grown from a small, passionate group of family volunteers to a thriving community of individuals, families, professionals and researchers, supported by a dedicated staff team. During this time, we have had the pleasure of providing direct support to over 4,200 families, as well as information to many more. As part of our anniversary celebrations, we are following up with some of the individuals and families who we have had the pleasure of meeting through the years.
Katherine's three siblings all have Fragile X Syndrome. In this piece, she shares some of her family's joys and challenges.
For the second year running the Livingstone Tanzania Trust have won the "Teach a Man to Fish" Pan African Awards For Entrepreneurship in Education – Best in Country prize. We are delighted with this achievement which highlights that our innovative and fresh approach to development is being recognised.


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Need to rent a car in Hummelstown? We have you covered! Below we have listed the top car rental services in the area, complete with contact information to help you get where you need to go. Whether you are renting a car or truck for a few days or just a few hours, these rental services are guaranteed to meet your needs.
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Stanley-Tallwood liquidator plans director deal
Article – BusinessDesk
The liquidator for Stanley Group, Tallwood Holdings and associated companies wants to cut a deal with its directors and get them to pay subbies to make up for the lack of retentions held.Retentions law reform in sight as Stanley-Tallwood liquidator plans director deal
The liquidator for Stanley Group, Tallwood Holdings and associated companies wants to cut a deal with its directors and get them to pay subbies to make up for the lack of retentions held.
And as he does so, the building and construction minster Jenny Salesa says she will soon make an announcement about strengthening the retentions regime, having sought advice from officials.
Subcontractors owed money by the group of construction companies are fuming after liquidator Damien Grant told them last month that no funds had been properly set aside for them, despite it being a requirement under the law.
Grant's initial reports estimate a shortfall of more than $16 million within the group of companies.
Fresh from cutting a deal with Housing NZ, which enabled the government department to directly pay the subbies, Grant now reckons he can get the directors to sign a deal to pay the remaining amounts owed to the subbies, if the receiver forgoes the right to sue them.
"As liquidator acting in the interests of the retention creditors, I will seek to do a commercial settlement effectively between the directors and the retention creditors."
Grant told BusinessDesk that, since March 2017, about $900,000-$1.3 million that should have been held in retentions, and the exact amount is still being calculated.
The liquidator said he thinks he can get a deal done within months, but won't give any more details.
Under the rules in force since March 2017, some money is meant to be held back from a payment made under a construction contract, to protect the subcontractor.
This retention money is supposed to be held in trust but, despite Labour MPs' objections when the Construction Contracts Act was passed, the legal meaning of this doesn't require a separate bank account.
BusinessDesk has viewed emails between several different subcontractors and Stanley Group executives, sent in the months leading up to the liquidation, reassuring them their money had put aside in compliance with the Act. Under the law, subbies have the right to inspect the main contractor's trust accounts.
The Stanley executives provided tables which showed specific jobs and had a separate column stating "held in trust."
Grant says Stanley's directors told him their bonds worth $1.8 million could be considered to be held on trust. The directors also claimed the Stanley companies were owed retentions from other companies.
The liquidator says the bonds weren't liquid enough to be considered properly-held retentions, and some hundreds of thousands of dollars in cash was intermingled with other funds. Stanley managing director Kevin Stanley refused to comment, telling BusinessDesk it is not a matter to be litigated in the press.
Creditor Dave Burt of Team Cabling says he is urging other creditors to contact the Serious Fraud Office and police to complain about the lack of retentions. Failure to comply with trust law is ultimately a crime that directors could be jailed for.
Burt is collecting funds for a legal action although it is very early days.
Because the law is so new, – although the Act itself was passed in 2002, it was amended in 2015 to specify what should happen to retentions – there is little precedent on how to deal with failed companies where retentions aren't held properly.
Following the collapse of Ebert Construction, it was discovered that its directors, up to a period, had diligently put some money in a separate account, but there were some subcontractors who didn't get their retentions because of mislabelling and non-compliance closer to when the company went under.
While the Ebert situation was referred to the Ministry of Business, Innovation and Employment, the government agency said that the Crown hasn't taken any criminal prosecutions in relation to retentions.
"To take a criminal case, the sub-contractor would need to provide evidence to establish that there was an intention to defraud them," the department says in an emailed response to questions.
MBIE has, however, commissioned KPMG to review the "implementation and operational effectiveness" of the retentions scheme. The ministry says the review wasn't in response to any failures but it has "considered" the downfall as Ebert as part of the review.
Minister Salesa says she has asked officials about how to strengthen the regime with the act, and hopes to make announcements alongside the release of the report.
"My key consideration is ensuring hard-working subcontractors can get on with the job of building the houses, schools and hospitals our country needs," she adds.
BDO's 2019 construction survey found that only 30 percent of subcontractors actively inspect their head contractors' trust records, and that of those who did ask to inspect, almost half found one customer was not holding funds in trust.
The survey found that 72 percent of respondents held cash in a separate account in trust, while 28 percent said they had sufficient cash.
In 2015, then opposition MP Phil Twyford pointed out at the third reading of the amendment that Labour's version of the law would have made companies put the money into a trust account, not just held on trust.
"It was [former building minister] Clayton Cosgrove's original proposal that the retentions be held in a trust account, and, as we have heard, the minister felt that this would create too much in the way of compliance costs. Well, we will see."
"We will see whether or not a statutory obligation to hold these funds in trust provides sufficient protection. Maybe the government is right; maybe it is not," Twyford said.
He would not comment on his position today, referring to the matter to Salesa as the more appropriate minister.
Content Sourced from scoop.co.nz
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