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Elva Lee Bray, 87, passed away peacefully at her home in Hood River, Ore., on Feb. 2, 2012, after a very courageous 14-year battle with cancer. She was born Elva Lee Edwards in Norfolk, Va., on Feb. 20, 1924, to a family of eight brothers and sisters.
Elva Lee joined the U.S. Air Force in 1945 and was stationed in El Paso, Texas, and in Germany while training to be a dental assistant. She worked as a dental assistant in Norfolk for more than 40 years.
After retiring in 2003, she moved to Hood River, Ore., to be near her family.
Elva Lee was a very involved and beloved grandmother and great-grandmother and always looked forward to playing and reading with her many young great-grandchildren. She was well known in the Hood River community for her involvement in Relay for Life every year, and was the featured speaker for the event in 2009.
Elva Lee had much love and appreciation for Dr. Menashe and all the wonderful and dedicated nurses at Providence Hood River Memorial Hospital infusion center who worked compassionately with her for years. As well as Dr. Stephen Vogt, and later home health and hospice nurses.
Elva Lee was very dedicated to her church, Asbury United Methodist Church, in Hood River. She loved using her beautiful soprano voice in the choir and could also be found every Monday morning with the women she loved at Happy Hands. She was very happy to offer her services cleaning her church along with her best friend, Don Collins, and did so up until a few months ago.
Elva Lee was a wonderful correspondent. She enjoyed staying in touch with many family members and old friends over the years, as well as taking care of the greeting card correspondence for her church. Elva Lee also took great pride in her personal appearance and will be remembered as southern belle who never lost her southern accent and charm.
She loved dancing, singing, good food (especially southern food) and participating in numerous fundraising events for charities that were important to her, including the Crop Walk every year.
Elva Lee will be deeply missed by her family and friends and will be remembered by her big, vibrant personality that was the life of any family gathering or group. She is survived by her children, Blue Ackerman of Hood River, Ore., Joseph W. Bass III, of Norfolk, Va., Elizabeth Lane, of Buena Vista, Va., and Sheldon Mullet, of Fort Meyers, Fla.; grandchildren, Chelsea Tactay, of Hood River, Jay Waitsman, of Fairfax, Va., John Stewart, of Hood River, Heather Bass, of Virginia Beach, Va., Tanah Stewart Clunies-Ross, of Salem, Ore., Andrew Waitsman, of Fairfax, Va., Michael Bass, of Virginia Beach, Patsy Bass, of Virginia Beach, Emily Ackerman Sonderegger, of Portland, Ore., and Jacob Ackerman, of Hood River; and 11 great-grandchildren.
She was preceded in death by her son Patrick Powell, her grandson Isaac Ackerman, her parents and all of her brothers and sisters.
A service to honor and celebrate her life is planned for 11 a.m. Saturday, Feb. 11, at Asbury United Methodist Church, 616 State St., Hood River.
Arrangements are under the direction of Anderson's Tribute Center (Funerals, Receptions, Cremations), 1401 Belmont Ave., Hood River, OR 97031; 541-386-1000. Please visit www.andersonstributecenter.com to leave a note of condolence for family.
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Insurer, lawyers looking at new way to settle medical malpractice suitsBy BILL SMITH
New Hampshire Union Leader
February 07. 2013 10:28PM
CONCORD - Supporters of state's "early offer" option for settling malpractice claims say it's much too soon to throw it out, but admit some tinkering may be needed.
The House Judiciary Committee listened to arguments for and against the new system at a hearing Thursday. Under the early offer legislation, someone who claims to have been injured by the malpractice of a medical provider can send notice of this claim, along with medical documentation to the provider.
The provider hands it off to a malpractice insurer, which then has 90 days to make a settlement offer.
A patient who rejects the offer and sues would be responsible for some of the provider's medical bills if the court case results in an award of less than 125 percent of the early settlement offer.
The law took effect Jan. 1, but one of the biggest medical malpractice insurance companies in the state hasn't used it yet, and has no intention of using it in its current form.
"We will opt out of every case submitted under this law," said Mary Elizabeth Knox, vice president for claims at Medical Mutual Insurance of Maine, which insures many of the state's doctors and other medical providers.
Knox said the biggest problems with the law lies in what it doesn't do.
It has no provision for paying off insurance companies that want to recoup disability payments made to victims of malpractice. And an insurance company that settles a malpractice claim can't go after other health care providers whose conduct may have contributed to the patient's injury.
"It is very unlikely that only one provider will be involved in a claim because of how care is managed," Knox told the hearing Thursday. "We may have an obligation to pay (for contribution suits) long after the claim is resolved - it provides no resolution to the physician."
The law was defended by a doctors, representatives of hospitals and others, but supporters of the law said the concept is sound, claiming it lets people recover for malpractice injuries who might otherwise be left out.
"It serves an absolute need that must be met," said Rep. Robert Rowe, R-Amherst. "Malpractice lawsuits are unbelievably expensive."
Supporters of the law say malpractice attorneys often won't touch a case unless they believe it is worth at least $250,000, because of the thousands of dollars it costs to get expert testimony that courts require to prove a malpractice claim.
Supporters also said the law means doctors face closure, rather than the uncertainty that comes with being sued.
Dr. David Stang, an emergency room physician in the Lakes Region, said he has never been sued for malpractice. But Stang said he sees the impact, both on doctors who are sued and on doctors who worry about being sued.
"I have several colleagues who have been sued and I have seen the debilitating effects of being sued that can hang over a physician for years," Stang said. "Many providers leave the practice of medicine because of a brutal system, many suffer from depression because of suits."
Other supporters of early decision echoed the theme that getting sued by people who claim to have been injured by malpractice makes doctors sad.
"The number one area of concern for physicians is tort reform for the emotional toll and the lengthy time it takes to resolve claims under the traditional system," said Scott Colby, representing the New Hampshire Medical Society.
Lawyers who represent injured people are continuing to battle against the bill after failing to stop it from being enacted last year.
Attorney William Woodbury of Laconia, speaking on behalf of the New Hampshire Association for Justice, formerly called the state trial lawyers association, said early offer provides little to injured patients.
"It is not only exceedingly complex, but also exceedingly one-sided in favor of providers," Woodbury said. "A person suffering an emotional toll can never be compensated under this, but that is the underlying goal of the early offer system."
Manchester attorney Kevin Dugan said it is unfair to make an injured person responsible for part of the other side's legal bills if they don't both win the case and get an award 25 percent higher than the early offer.
"There is no reciprocal duty if the patient goes through trial and gets in excess of that," Dugan said.
The original sponsor of the legislation, Sen. Jeb Bradley, R-Wolfeboro, said it is too soon to repeal the bill, but admitted some parts may need to be revised.
"To take a look at some provisions, that is a very acceptable way of proceeding," Bradley said. "As opposed to outright repeal of a bill that has yet to be proven."

subset: commoncrawl


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When it comes to CRO and optimization in general, we're constantly thinking about how to grow our numbers and scale the business. Using various techniques and tools, we push forward to acquire more customers and generate more revenue.
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If your answer is "we have amazing features" or "we're cheaper than our competitor", allow me to stop you right there. You're doing it wrong.
Research done in the past 35 years shows that emotions "powerfully, predictably, and pervasively influence decision making" ( Lerner et. al. ).
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"Hence, in order to have anything like a complete theory of human rationality, we have to understand what role emotion plays in it." — H. Simon, 1983, Reason in Human Affairs
Marketing, and CRO specifically, is more than just analyzing data and understanding online behavior or leaks in a funnel. It's about understanding people's decision making processes, and catering to emotional needs. Appealing to them on an emotional level and helping them rationalize their decision making process. It is our job as marketers to drive logic where emotion lays.
When we buy something, we don't purchase a "product", a special price or features; we purchase an experience and a better version of ourselves.
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text:
The latest on NFL free agency:
4:35 p.m.
The Carolina Panthers have confirmed they traded defensive end Kony Ealy and a third-round pick this year to New England in exchange for the Patriots' second-round draft pick this year.
Ealy had three sacks in the Super Bowl against Denver two years ago, but struggled to build on that success last season and never developed into the dominant pass rusher the team hoped he would become.
The Panthers moved up eight spots from No. 72 to 64 in the draft in the deal. The trade won't become official until Ealy passes his physical.
Ealy became expendable when the team agreed to terms with Julius Peppers earlier...


text:
Obama Resets War on Terror
President Backs Limits on Drones, Use of Force; 'This War, Like All Wars, Must End'
President Barack Obama said Thursday the U.S. war against terror must seek new tactics and far-reaching revisions in the legal and moral framework that has guided policies since 2001.
While the U.S. must continue efforts to dismantle terrorist organizations and protect Americans against attack, "This war, like all wars, must end," the president said at the National Defense University. "That's what history advises. That's what our democracy demands."
Mr. Obama said the U.S. has turned a corner in the war with al Qaeda, in a speech that was a comprehensive statement of his national security views and policies. Senior administration officials said it had been in the works since his State of the Union address in February.
The president both defended the administration's reliance on airstrikes by unmanned drones and argued for new restrictions on their use. He also said he would resume steps to shrink and eventually close the U.S. prison at Guantanamo Bay, Cuba.
Mr. Obama said for the first time that the 2001 congressional Authorization for the Use of Military Force adopted after the Sept. 11 attacks should be revised and eventually repealed to recognize that al Qaeda is a terror organization on the path to defeat.
The 2001 law authorized war against terror groups and nations that harbor them. It has been used by the Bush and Obama administrations to launch global counterterrorism operations, as well as the war in Afghanistan.
Republicans cast doubt on any repeal. "I believe we are not in a war that is winding down," said Sen. Lindsey Graham (R., S.C.). "We are in a war that is morphing.''
National security experts said many questions remained about U.S. counterterrorism policy, including drone strikes.
"I think this should be the beginning of discussion rather than the end," said Jonah Blank, an analyst at the Rand Corp., a think tank that does work for the government.
The president's call for new restrictions on unmanned airstrikes reflects a significant recalibration for Mr. Obama, who aggressively expanded the use of drones.
The targeted killings eliminated much of al Qaeda's top leadership. But they fueled a global backlash over what some allies and human rights groups regard as extrajudicial attacks.
Since Mr. Obama became president in 2009, the U.S. has conducted more than 300 drone strikes in Pakistan, compared with fewer than 50 during the presidency of George W. Bush, according to the nonpartisan New America Foundation. The pace of strikes under Mr. Obama, however, has declined sharply over the past two years.
The president approved new policies this week that appeared to stiffen requirements for strikes—stating, for example, that the U.S. will only target suspected terrorists who pose a "continuing and imminent threat to the American people," rather those who pose a "significant threat to U.S. interests," the standard outlined by the White House in 2012, according to administration officials.
The policy guidance signed by Mr. Obama designated the U.S. military as the government agency of "preference" to run U.S. drone campaigns overseas, according to officials.
This indicated the president's intention to phase out the Central Intelligence Agency's control of drone campaigns in Yemen and eventually Pakistan, according to senior administration officials.
Mr. Obama's new policy also set standards for launching drone strikes.
Some of the guidelines have been in place, administration officials said, and others have been strengthened. Standards outlined by Mr. Obama include that there "must be a near certainty" that no civilians will be killed or injured in a drone strike.
The standards, officials said, would apply both to U.S. citizens overseas and everyone else.
The new standard adopted by Mr. Obama limiting strikes to suspected terrorists believed to be a "continuing and imminent threat to the American people" rather than "U.S. interests" will likely curtail American drone strikes against militant groups that threaten U.S. allies, including terrorist groups in Pakistan targeting the government there but not the U.S. directly, according to current and former officials.
Mr. Obama didn't set a deadline for ending the CIA's control of drone programs in Pakistan and Yemen. But officials said the CIA drone program operating in Yemen was likely to be the first to go because the U.S. military's Joint Special Operations Command already operated a drone force there.
Along with new guidelines for the drone program, Mr. Obama signaled an openness to more oversight, possibly including the creation of a secret court to oversee drone targeting. The administration for the first time Wednesday acknowledged that four Americans have been killed in drone strikes, three by accident.
- Seib: Odds of Closing Guantanamo May Be Better Now
- Obama Seeks to Recast His Legacy
- Analysts: Obama's New Policy Will Reduce Drone Strikes
- Charleston, S.C., Is Leading Choice for Military Tribunals
- Verdict From the GOP: Obama Is Wrong
- Code Pink Co-Founder Interrupts Obama Speech
- Yemen Applauds Guantanamo Decision
- Full text of the president's speech
Sens. Angus King, a Maine independent, and Marco Rubio (R., Fla.) sought Thursday to add new checks on the administration's drone program, proposing a bill to require an independent review when American terrorist suspects are considered for targeted killings.
Mr. Obama said Thursday that the U.S. was at a crossroads and argued against waging war on al Qaeda indefinitely. Administration officials, including former Pentagon General Counsel Jeh Johnson, have said the war against the terror group would eventually end. But spoken by Mr. Obama, the statement was given new force.
In arguing for winding down the war on terror, Mr. Obama said the core of al Qaeda is a shell of its former self.
"Unless we discipline our thinking, our definitions, our actions, we may be drawn into more wars we don't need to fight, or continue to grant presidents unbound powers more suited for traditional armed conflicts between nation states," he said.
The president also explained a decision to lift the administration's self-imposed ban on transferring detainees from Guantanamo Bay to Yemen.
There are 56 Yemeni nationals who have been cleared for transfer but remain detained in Guantanamo.
The administration imposed the ban on transferring Yemeni detainees after the attempted 2009 Christmas Day bombing, a plot that originated in Yemen.
Human rights groups say reducing the population of detainees is a critical first step to closing the prison. There are currently 166 prisoners, including 86 who have been cleared for transfer.
Senior administration officials said the president would ask the Defense Department to pick a site in the U.S. to hold military proceedings.
But Mr. Obama faces tough obstacles. A bipartisan majority of lawmakers in Congress opposes transferring detainees to the U.S. And Congress has made it difficult to transfer detainees to other countries.
Rep. Howard "Buck" McKeon (R., Calif.), the chairman of the House Armed Services Committee, said that to close Guantanamo, the president must offer plans for the interrogation of future suspected terrorists, as well as what to do with detainees who can't be held for trial but are too dangerous to release.
The president's remarks Thursday were interrupted several times by Medea Benjamin, the co-founder of Code Pink, the group that has long protested U.S. war and counterterrorism policy.
Code Pink protesters are regularly thrown out of congressional hearings, but Ms. Benjamin was allowed to remain. Code Pink held a 50-person protest outside, said Alli McCracken, a Code Pink Organizer who confirmed Ms. Benjamin was the protester interrupting Mr. Obama.
—Evan Perez
and Siobhan Gorman contributed to this article.
Write to Adam Entous at firstname.lastname@example.com, Julian E. Barnes at email@example.com and Colleen McCain Nelson at email@example.com
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Suffolk, ss. Division of Administrative Law Appeals
John F. Scaduto,
v. Docket No. CR-07-493
Boston Retirement Board,
Appearance for Petitioner:
Michael C. Akashian, Esq.
Landman Akashian LLP
77 Summer Street
Boston, MA 02110
Appearance for Respondent:
Edward McKenna, Esq.
66 N Street
South Boston, MA 02127
Administrative Magistrate:
Sarah H. Luick, Esq.
Although Petitioner's holiday, uniform allowance and sick time buy-out pay differentials in his union contract are not regular compensation, his educational, longevity, public safety, and shift commander pay differentials are regular compensation, and should have been included in the calculation of his retirement allowance. Despite inquiring before he received his first retirement check which if any of his pay differentials were part of his retirement calculation, Petitioner never received a response in writing from Respondent. Although the appeal was filed months after the first retirement check was received, Petitioner's appeal is timely filed.
Pursuant to G.L.c.32, §16(4), Petitioner, John Scaduto, is appealing the calculation of his retirement allowance by Respondent, Boston Retirement Board, as not including all the union contract pay differentials he received. He discussed his contention with Respondent after receiving an estimate of his retirement allowance, but never received a written response from Respondent. He filed an appeal after he began receiving his retirement allowance. A hearing was held December 16, 2008, at the offices of the Division of Administrative Law Appeals (DALA), 98 North Washington Street, 4th Floor, Boston, MA 02114, pursuant to G.L.c.7, §4H.
Various documents are in evidence. (Exs. 1 - 11.) One tape was used. The parties file pre-hearing memoranda. (Exs. A & B.) Petitioner testified and presented the testimony of Gary Bolles and Richard Brown, both co-workers who were involved as union negotiators on the collective bargaining agreements (CBA) covering Mr. Scaduto's last three years of employment. The parties made arguments on the record. The record was held open for additional evidence, and for the filing of briefs by January 31, 2009. No briefs were filed.
1. John F. Scaduto, d.o.b. 3/9/58, worked for the Suffolk County Sheriff's Department with Boston Retirement System membership, from 1991 for fifteen years. He last worked at the level of a Correction Officer/Captain and Shift Commander. He held prior employment as an Intermittent Part-Time Police Officer in Billerica, as a
Correction Officer for the Department of Correction, and as a Correction Officer/
/Sergeant for the Middlesex County Sheriff's Department. (Exs. 2, 3 & 9. Testimony.)
2. Mr. Scaduto retired effective December 2, 2005 under Option B. He received a Group 4 job classification at the time of his retirement. (Exs. 2, 3, 8 & 9. Testimony.)
3. While working for the Suffolk County Sheriff's Department, Mr. Scaduto was a union member and served as a union negotiator for the 2003-2005 CBA. This CBA was not signed until after his retirement on December 28, 2005, but contained some retroactive pay increases he was entitled to. The previous CBA covering 2000-2003 remained in effect until the subsequent CBA was approved. (Ex. 11. Testimony.)
4. The 2000-2003 CBA provided Mr. Scaduto with a base salary and various pay differentials. His employer took retirement deductions from his base salary and from some but not from all of the pay differentials he received. Mr. Scaduto's 2005 pay stubs did not show which differentials had retirement deductions taken from them. The union negotiators for the 2000-2003 CBA and for the 2003-2005 CBA, tried unsuccessfully to have the employer recognize all the pay differentials as subject to retirement deductions. (Exs. 4 & 11. Testimony.)
5. The pay differentials Mr. Scaduto received through the time of his
retirement included those for education, longevity, uniform allowance, public safety, shift commander, and fitness. He also received holiday pay and sick time buy-outs. (Exs. 4, 5 & 11. Testimony.)
6. Effective September 3, 2005, the public safety pay differential was incorporated into the base pay amount and was no longer listed in the CBA as a pay differential. (Exs. 4 & 11. Testimony.)
7. Mr. Scaduto's pay stub for the pay period that ended December 9, 2005, reflected a total gross pay of $91,214.24. Mr. Scaduto's statement of account with the Boston Retirement System for the calendar year ending December 31, 2004 listed an accumulated deductions balance as of December 31, 2003 of $84,383.96. The December 31, 2004 balance was $90,753.15. He contributed $5,862.89 in deductions during 2004. (Exs. 4 & 7. Testimony.)
8. The CBA at Article XIX, Section 1 sets forth pay scales that list the annual base salaries. With at least ten years of service, according to Article XIX, Section 2, Mr. Scaduto was "placed in the maximum of the grade to which … [he was] permanently appointed." The top grade he held was CO-5. This is the Correction Officer/Captain level. By July 2002, the top step was $1,254.28. During Mr. Scaduto's last three years of work, he was at the top step, and his base salary increased from $1,254.28 to $1,291.91, to $1,353.51, and then to $1,380.58 by October 1, 2005 due to receipt of retroactive pay increases. (Exs. 4, 5 & 11)
9. The CBA at Article XIII, Section 1 lists thirteen paid holidays. Section 2 explains that if a holiday falls on a regularly scheduled work day or during vacation, the employee receives "an additional day-off or an additional day's pay." Section 5 provides for overtime rates of pay if the employee "works on Thanksgiving Day, Christmas Day, or New Year's Day." Mr. Scaduto received $2,226.31 for holiday pay in 2004, and $1,536.47 in 2005. (Exs. 4, 5 & 11.)
10. The CBA at Article XV, Section 5 addresses an "Annual Redemption of Sick Leave:"
A. An employee who has used fewer than five (5) sick days in the twelve-month
period ending December 31 of any year … may elect to redeem sick days in a
lump-sum cash payment ….
Section 5 also contains an alternative to this lump-sum cash payment:
B. [A]n employee may elect to convert such leave to vacation on a one-for-one
basis …
At Section 6, the following provision is included:
A. As of the effective date of the retirement … the County shall redeem a percentage of the employee's accrued but unused sick leave ….
(Ex. 11) Mr. Scaduto received a sick time buy-out in each of the years, 2003-2005, of $1,505.13. (Exs. 4 & 5.)
11. The CBA at Article XVIII, Section 3 at A provides payments regarding uniforms. If the employee is required to wear a uniform, he receives "an annual uniform allowance." The allowance is "an annual lump sum amount for the purchase of uniform items and an hourly differential for the upkeep of uniform items." At Section 3, A, 1, the amount of the annual lump sum is $450.00 "payable no later than the first pay period in January of each year." At Section 3, A, 2, "[T]he hourly differential … [is] $.22 for all regularly-scheduled hours actually worked." Mr. Scaduto received a uniform pay differential of $8.80 per week. Section 3, C provides that when the employee retires, "the allowance payable for the calendar year will be prorated and paid to him …." (Exs. 4, 5 & 11.)
12. The CBA at Article XIX, Section 7 sets forth a longevity program. Mr. Scaduto had at least ten but under fifteen years of service. Section 7, B provided him with $520.00 per year, "made to employees on the anniversary dates of their employment." He received this pay in each year, 2003-2005. (Exs. 4, 5 & 11.)
13. The CBA at Article XIX, Section 11 provides a pubic safety differential
to "all members of the bargaining unit … of $1.54 per regularly-scheduled hour actually
worked." Mr. Scaduto received a public safety differential of $61.40 per week until the
public safety differential became part of the base salary. (Exs. 5 & 11. Testimony.)
14. The CBA at Article XIX, Section 12 provides "an educational incentive
differential" for those bargaining unit members with advanced academic degrees. For a bachelors degree, the employee receives "$1.20 per hour for all regularly-scheduled actual hours worked." A side letter to the 2000-2003 CBA contains a provision that bargaining unit members having a minimum of fourteen years as a Lieutenant or Captain will be paid at the rate of bachelor's degree. Mr. Scaduto was paid the incentive at the associates degree level of $28.80 per week in 2002, but at the bachelors degree level of $48.00 per week by 2005 due to his work experience. (Exs. 5, 6 & 10. Testimony.)
15. The CBA at Article XIX, Section 15 provides for a "Fitness Bonus." There is "a cash payment of $800.00 payable no later than December 15th each year" when the employee passes the annual requirement of a wellness and fitness program. Mr. Scaduto always passed the program to receive this lump sum payment. He received $800 for each year, 2003-2005. (Exs. 5 & 11. Testimony.)
16. The CBA at Article XIX, Section 10, at A provides a "$1.00 differential paid to shift commanders for all regularly-scheduled hours actually worked." Mr. Scaduto received this recurrent pay differential at $6.00 per week for each year, 2003-2005. (Exs. 5 & 11. Testimony.)
17. Mr. Scaduto filed for retirement with the Boston Retirement Board, and in February 22, 2006, the Board provided him with a "Retirement Option Selection Form" with estimated amounts under the three retirement options. He chose Option B and signed the form on March 7, 2006. Mr. Scaduto wrote next to his signature: "I do not agree with presented figures and will be appealing." He submitted the form, and a Board staff person signed-off on his selection on March 9, 2006. The Board did not respond to his statement. (Exs. 2 & 3. Testimony.)
18. Thereafter, Mr. Scaduto had talks with staff at the Boston Retirement Board to learn which pay differentials had been included and which had been excluded as regular compensation in calculating his retirement allowance. He never received a response in writing from the Board. (Exs. 2, 3 & 9. Testimony.)
19. Mr. Scaduto received his first retirement allowance check sometime in 2006. During 2005 and 2006, Suffolk County Sheriff Department Correction Officer/Captains, Robert T. O'Brien and Gary Bolles, and a Correction Officer I, John O'Callaghan, after they began receiving their retirement allowance checks, filed appeals with CRAB because they contested the Boston Retirement Board's calculation of their retirement allowances as leaving out the pay differentials they had received. Mr. Scaduto had received these same pay differentials. He had already retired but had not yet received his first retirement check when he learned about these CRAB appeals. (Testimony)
20. The DALA decision in Mr. O'Brien's appeal, O'Brien v. Boston Ret. Bd.,
CR-06-60, was issued on March 2, 2007. Mr. Scaduto learned the outcome of the DALA decision in Mr. O'Brien's case, understanding that at least some of the excluded pay differentials he and Mr. O'Brien had both received were found to be regular compensation that had been erroneously excluded from the calculation of Mr. O'Brien's retirement allowance (Administrative Notice of CR-06-60. Testimony.)
21. Because his co-workers had appealed, and because he understood Mr.
O'Brien had prevailed in his appeal, Mr. Scaduto decided he would also contest the calculation of his retirement allowance. He filed an appeal with CRAB on July 3, 2007. At that time he had no knowledge of the outcome of the appeals of Mr. Bolles and Mr. O'Callaghan. (Ex. 1. Testimony.)
I find the appeal filed by Mr. Scaduto of the calculation of his retirement allowance to be timely pursuant to G.L.c.32, §16(4).
Mr. Scaduto wrote on his retirement option selection form in March 2006 that he questioned the correctness of his estimated retirement allowance. He also spoke to staff at the Boston Retirement Board at and around that time about which of his pay differentials had been included and which had been excluded in the estimated retirement allowance information he had received. No written response was ever provided to him by the Board. He received his first retirement check sometime in 2006. At that time he still had no idea what was included or excluded in the retirement calculation from among the pay differentials he had received. He was aware that fellow retiring Suffolk County Sheriff Department co-workers with the same concerns he had about exclusion of most of the pay differentials in the calculation of their retirement allowances, had filed appeals with CRAB during 2005 and 2006. He also learned that Mr. O'Brien's appeal had resulted in a DALA decision where some of the pay differentials the Boston Retirement Board had excluded were now to be included in calculating Mr. O'Brien's retirement allowance. He decided when he knew all this that he would also file an appeal with CRAB.
Mr. Scaduto is seeking correction of an error in how the Boston Retirement Board calculated his retirement allowance. See, G.L. c. 32, § 20(5)(c)(2). Because Mr. Scaduto never received anything in writing from the Board in response to his inquiries about the pay differentials being treated as regular compensation, and in light of the Board never providing him with any right to appeal the Board's calculation of his retirement allowance, I find the appeal is timely filed. G.L. c. 32, § 16(4) recognizes that the member is entitled to get notice from the retirement board about how it has acted against his interests before he must decide whether or not to appeal his grievance to CRAB within fifteen days after receipt of that notice. Respondent failed to provide this notice to Mr. Scaduto at any time.
In terms of the various pay differentials Mr. Scaduto received, a number of them should have been included as regular compensation in his retirement calculation, but were not. This is an error on the part of the Boston Retirement Board that can now be corrected pursuant to G.L. c. 32, § 20(5)(c)(2).
In pertinent part, G.L. c. 32, § 1 defines regular compensation as follows:
the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, not including bonus, overtime, severance pay for any and all unused sick leave, early retirement incentives, or any other payments made as a result of giving notice of retirement, … In the case of police officers, firefighters and employees of a municipal department who are employed as fire alarm signal operators or signal maintenance repairmen, money paid for holidays shall be regarded as regular compensation rather than as overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund ….
The case of Boston Association of School Administrators and Supervisors v. Boston Retirement Board, 383 Mass. 336, 341 (1981), explains how payments such as the pay differentials Mr. Scaduto received have to be routine, regular, repeat, predictable, automatically given out, and not just paid to one employee. Whether or not retirement deductions were taken from the amounts received for the differentials each year is not dispositive of whether or not the payments are regular compensation. Bower v. CRAB, 393 Mass. 427, 428 (1984). The more recent case of Bulger v. CRAB, 447 Mass. 651, 656 and 658 (2006) re-affirms the determinations made in these two cases as to what regular compensation can include, while recognizing that employees may be paid for their work in distinct ways, and not just in cash salaries.
PERAC's regulation on regular compensation is consistent with these case law
interpretations that call for the payments to be recurrent, ordinary and automatic in how they are received. The regulation also provides direction to determine whether a payment is regular compensation. 840 CMR 15.03(1)(a)(1) through (5) explains the payment must have been paid to the member, been paid for services the member provided, be made as per the terms of a CBA, and be available to all members similarly situated such as a longevity payment provision in a CBA where recurrent payments are made based on length of service. 840 CMR 15.03(c) permits inclusion of lump sum and retroactive payments that would have been regular compensation if received at the time the services were rendered. 840 CMR 15.03(d)(1) through (6) includes further examples of what is regular compensation when "the general criteria in 840 CMR 15.03(1)(a) through (c)" have been satisfied. Included are the annual salary from an approved salary schedule, amounts paid as educational incentives, amounts paid for length of service, and amounts paid as premiums for shift differentials.
On the other hand, 840 CMR 15.03(2)(a) through (g) lists examples of "extraordinary ad hoc" payments that will not be regular compensation. Included are pay for working beyond the normal work schedule, premiums paid for working holidays other than if the pay is authorized by law, bonuses, payments in lieu of or for unused vacation or sick time, or for other leaves, severance pay, amounts received as an early retirement incentive, and amounts received as a result of the member having given notice of retiring.
The educational differential in the 2000-2003 CBA satisfies the regular compensation test. Mr. Scaduto has an associate's degree, but he also satisfied the criteria of the side letter in the CBA once he had fourteen years of service as a Captain to be paid at the bachelor's degree level. He did not need to do anything extra at work to secure it. It was regular, predictable, and automatic, and he was not singled out for this benefit. The $28.80 per week extra pay, and later, the $48 per week extra pay, are regular compensation. The PERAC regulation on regular compensation is satisfied because the Payment was recurrent, was addressed within the CBA, and was to be paid to all employees similarly situated. 840 CMR 15.03(1)(a) through (c).
The longevity differential Mr. Scaduto received is regular compensation. It was paid out annually and automatically to all employees. It was not paid out in a higher amount once the employee gave notice of retirement, and the specific length of service criteria that triggered entitlement to a particular level of payment shows it was not in the nature of a bonus or ad hoc payment. Christenson v. CRAB, 42 Mass. App. Ct. 544, 548 (1997). Likewise, the public safety and shift commander pay differentials Mr. Scaduto received are regular compensation. Both were within the CBA, and both were regular, recurrent and automatically given out. Neither of these benefits were unique to Mr. Scaduto, or given to him in contemplation of his retirement. Rather, these pay differentials were directly tied into his base salary level. These pay differentials satisfy the criteria of 840 CMR 15.03(1)(a) through (d).
In contrast to these differentials is the Fitness Bonus. It does not meet the test to be regular compensation. It was only received when the employee passed the annual fitness test, so that it was not given out automatically, or regularly, and was not necessarily recurrent to each and every employee subject to Mr. Scaduto's CBA. Also, as per G.L. c. 32, § 1 and the definition of regular compensation, the payments for the thirteen holidays cannot become part of Mr. Scaduto's retirement calculation. Section 1 is specific in only including holiday pay as regular compensation for police officers, fire fighters and other employees of municipal departments who work as signal operators or signal maintenance repairmen. Captains/Shift Commanders/CO-5 employees of the Suffolk County Sheriffs Department do not satisfy that criteria. Otherwise, this same provision refers to holiday pay as overtime pay which is specifically excluded from being regular compensation under Section 1. Also, the sick time buy-outs that Mr. Scaduto received cannot be regular compensation due to the clear language in the G.L. c. 32, § 1 definition of regular compensation that excludes sick time buy-outs. It is in the nature of being "severance pay for any and all unused sick leave." It does not matter that to receive it, the employee had not given notice he is retiring. It converts sick leave time
into a cash payment. It is also not automatic, and need not occur so that sick leave time
can continue to increase. 840 CMR 15.03(2)(d).
These conclusions parallel those reached in the cases of O'Brien, supra, and Bolles v. Boston Ret. Bd., CR-06-389 (DALA, 2007). Mr. O'Brien and Mr. Bolles were also Suffolk County Sheriff's Department employees who by the time they were retiring were Captains and Shift Commanders subject to the same 2000-2003 CBA as Mr. Scaduto. Mr. O'Callaghan's appeal, O'Callaghan v. Boston Ret. Bd., CR-06-613 (DALA, 2008), was also successful in terms of the wrongful exclusion from his retirement calculation of his longevity payment, but consistent with O'Brien and Bolles in not finding his fitness and holiday pay differentials to be regular compensation.
In O'Brien, Bolles and O'Callaghan the uniform allowance was found to be regular compensation. But, these cases were decided before the case of Pelonzi & PERAC v. CRAB, 451 Mass. 475 (2008). Mr. Pelonzi sought to include in his retirement calculation as regular compensation, the value of the personal use of a car he was provided by his employer to carry out his duties, including being "on-call" at all times in the event of an emergency. To be able to have personal use of this car was included in his employment contract, but the Court concluded the value of this benefit was not regular compensation because the personal use of the car was not payment for services. The Court explained:
[T]he city contemplated the automobile as a tool, or piece of equipment, that would enable … [Mr. Pelonzi] to perform his job more effectively …. [It] was
not intended to compensate … [him] for his service to the city … but rather given to him to use in connection with his professional duties.
Id at 480. The ruling in this case has since been followed to also prevent the value of the use of a parking space provided to help the worker perform her duties from being regular compensation. Parente v. State Bd. of Ret., CR-08-187 (DALA, 2008); Patz v. State Bd. of Ret., CR-07-297 (DALA, 2008).
The reasoning in Pelonzi, supra, will prevent the uniform allowance Mr. Scaduto received from being regular compensation. He received the annual lump sum allowance to purchase the uniform he had to wear and the pay differential to maintain the uniform. The uniform, like the car in Pelonzi, is a tool or piece of equipment required to be used by Mr. Scaduto in performing his job and not pay for working at his job.
In light of the foregoing discussion, the case is remanded to the Boston Retirement Board to re-calculate Mr. Scaduto's retirement allowance to include the educational, longevity, public safety, and shift commander pay differentials as regular compensation, but to exclude from regular compensation the holiday pay, fitness bonus, uniform allowance and differential, and sick time buy-outs.
Sarah H. Luick, Esq.
Administrative Magistrate
DATED: July 24, 2009


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England St George Traditional Sewn Flag
MrFlag Brand traditional sewn flags are manufactured using a combination of sewing (using a woven polyester fabric designed specifically for the flag industry), and appliqué of printed knitted polyester for more complicated elements. Each flag is reinforced with a tuck at the heading, and the individual sections are joined using fell and run interlocking seams, and are fitted with the traditional British rope and wood toggle.
Whilst sewn flags are amongst the most durable flags available, and resist colour fading well, their construction makes them heavier than other types of flag and they are not well suited to low wind situations.
These flags tend to be made to order and customers should allow 2-3 weeks for delivery. If your order is time-sensitive we recommend that you buy from our Professional range.*Choosing the 'Antifray' option results in a piece of white netting being sewn to the right edge of the flag. It is commonly held that this netting will fray first thus prolonging the life of a flag, however there is no statistical evidence whatever to back this. We believe that it is an unnecessary expense which, in many cases, has the opposite effect to that which is intended. We offer an 'Antifray' option ONLY because customers occasionally insist on it. We do not recommend it.


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CINCINNATI (AP) — A police officer placed on leave after the fatal shooting of a man at a Wal-Mart store also was involved in a 2010 fatal shooting in which he was not indicted after evidence showed he acted in self-defense, authorities confirmed Thursday.
Authorities have not said which of the two responding officers in the Wal-Mart shooting in the Dayton suburb of Beavercreek fired the shot that killed John Crawford III on Aug. 5. Beavercreek city attorney Stephen McHugh confirmed in email Thursday that Officer Sean Williams remained on administrative leave and Sgt. David Darkow was back on the job.
A Greene County grand jury in 2010 did not return an indictment against Williams in the fatal shooting of an intoxicated man authorities said attacked Williams and another officer when they responded to multiple calls about a violent domestic dispute. Prosecutor Stephen Haller said at the time that the grand jury's decision was consistent with evidence that showed Williams was acting in self-defense in the June 2010 shooting of Scott Brogli.
A release issued by Haller in 2010 said Brogli charged at Williams and another officer with an 8-inch kitchen knife and kept moving toward them after they warned him to stop.
Attorney General Mike DeWine has said a special county grand jury will convene Sept. 3 to determine whether criminal charges should be filed in the Wal-Mart shooting.
Williams and Darkow aren't commenting, McHugh said by email Thursday. No home phone listings could be found for the officers.
Beavercreek police said Crawford, 21, was shot after he waved an air rifle at customers and refused officers' orders to drop it. Attorney Michael Wright, who is representing Crawford's family, said this week that surveillance video of the shooting shows it was unjustified.
DeWine showed footage of the shooting to Crawford's relatives and their attorney, but he said the video would not immediately be released to the public. He declined to discuss details of the video.
Wright said in statement Thursday that it was "astonishing" that Darkow was back on the job.
"Apparently Beavercreek concluded its investigation," Wright said. "Otherwise, Officer Darkow would still be on leave."
He said the family is calling on the police department to release the results of its investigation.
Shortly after the shooting, Beavercreek police asked the Bureau of Criminal Investigation to investigate. A message seeking comment from the bureau was left at its offices Thursday.
Wal-Mart Stores Inc., based in Bentonville, Arkansas, has provided material to law enforcement officials for their investigation.


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- Inside Athletics
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ETSU, Golden Eagles to open season on Friday, Nov. 11
FORT COLLINS, Colo. (June 21, 2011) - The WNIT committee released its pairings for the 18th annual Preseason Tournament on Tuesday afternoon, and the ETSU women's basketball team will host in-state foe Tennessee Tech on Friday, Nov. 11. Tip is slated for 7 p.m. inside the ETSU/MSHA Athletic Center.
The Lady Bucs, who are coming off a program-best sixth consecutive winning season (19-12), also appeared in the 2007 Preseason Tournament. ETSU returns nine letterwinners from last season's club, including All-Atlantic Sun selection Destiny Mitchell (Bluffton, Ga.), who led the team in rebounding (9.0) and was second in scoring (14.5) as a freshman. Joining Mitchell are seniors Natalie Pickwell (Kingsport, Tenn.) and Gwen Washington (Manassas, Va.), along with red-shirt senior Tarita Gordon (Wichita, Kan.).
"It's very exciting to be playing in the Preseason WNIT, but it's also an honor to be hosting a first round game," commented head coach Karen Kemp, who begins her 18th season at ETSU in 2011-12. "Tennessee Tech won the OVC regular season championship last season, so we are going to have our hands full come Nov. 11."
This will mark the 23rd game in the series, but the first since the Lady Bucs defeated the Golden Eagles, 81-77, back on Nov. 19, 2004 in Cookeville. Despite the four-point win, ETSU trails the all-time series, 19-3.
Tennessee Tech posted a 23-8 record in 2010-11 en route to capturing the regular season Ohio Valley Conference championship. The Golden Eagles lost to UT-Martin in the conference championship game and fell to Auburn in the Postseason WNIT.
The winner of the ETSU/Tennessee Tech game will face the winner of UCLA/McNeese State on Sunday Nov. 13 or Monday, Nov. 14. Meanwhile, the eight teams who lose their first round game will be re-grouped into "Consolation bracket quads," which result in two four-team pools. One team in each pool will be selected to host the other three teams. The host site will be announced after the first round games are completed on Nov. 11.
For more information on the Preseason WNIT and to view a complete bracket, visit www.womensnit.com.
For updated Lady Buccaneer news, visit www.ETSUBucs.com.


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I went to open IE to my forum but I found that I had been logged out and my password had been changed. When I went to request the password to send to my e-mail - that also had been hacked into.
Can I please get help on how to resolve this problem?
http://s9.invisionfree.com/MikJam is the URL.


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Rutgers Cancer Institute of New Jersey
195 Little Albany Street
New Brunswick, NJ 08903-2681
New Brunswick, N.J. – The Breast Surgery Fellowship Program at Rutgers Cancer Institute of New Jersey and Rutgers Robert Wood Johnson Medical School is receiving a $75,000 training grant from the Breast Cancer Alliance to support a surgical fellow for academic year 2014-2015. It is the third consecutive year that the non-profit entity has given this award to the program.
The one-year fellowship provides surgeons who have completed their general surgery residency with advanced training and experience that prepares them to provide comprehensive care specifically for patients with breast disease. Through the program, they learn how to apply a multidisciplinary approach to the prevention, diagnosis and treatment of breast cancer and rehabilitation of breast cancer patients.
Along with supporting education and outreach efforts devoted to breast cancer, the Breast Cancer Alliance also awards grants to support innovative research. This component is a main focus of the Breast Surgery Fellowship Program at the Cancer Institute of New Jersey, as fellows participate in clinical and/or laboratory research with opportunities to design and implement clinical trials. They also train in the basic methodology for conducting those trials.
"Providing optimal surgical care for breast cancer patients requires specialized, comprehensive training through an accredited program. We are pleased the Breast Cancer Alliance recognizes the benefits of our program at Rutgers Cancer Institute of New Jersey in training future breast cancer surgeons," said Cancer Institute surgical oncologist Laurie J. Kirstein, MD, FACS, who heads the fellowship program and is an assistant professor of surgery at Rutgers Robert Wood Johnson Medical School.
The training grant will support the program's newest breast surgery fellow, Tara Balija, MD, beginning July 1. Dr. Balija currently serves as a chief surgical resident at Robert Wood Johnson University Hospital, which is the Cancer Institute's Flagship hospital. Previously she was a Doris Duke Clinical Research Fellow at Mount Sinai School of Medicine in New York, where she focused on healthcare disparities research.
About Rutgers Cancer Institute of New Jersey
Rutgers Cancer Institute of New Jersey (www.cinj.org) is the state's first and only National Cancer Institute-designated Comprehensive Cancer Center. As part of Rutgers, The State University of New Jersey, the Cancer Institute of New Jersey is dedicated to improving the detection, treatment and care of patients with cancer, and to serving as an education resource for cancer prevention. Physician-scientists at the Cancer Institute engage in translational research, transforming their laboratory discoveries into clinical practice, quite literally bringing research to life. To make a tax-deductible gift to support the Cancer Institute of New Jersey, call 732-235-8614 or visit www.cinj.org/giving. Follow us on Facebook at www.facebook.com/TheCINJ.
The Cancer Institute of New Jersey Network is comprised of hospitals throughout the state and provides the highest quality cancer care and rapid dissemination of important discoveries into the community. Flagship Hospital: Robert Wood Johnson University Hospital. System Partner: Meridian Health (Jersey Shore University Medical Center, Ocean Medical Center, Riverview Medical Center, Southern Ocean Medical Center, and Bayshore Community Hospital). Major Clinical Research Affiliate Hospitals: Carol G. Simon Cancer Center at Morristown Medical Center, Carol G. Simon Cancer Center at Overlook Medical Center, and Cooper University Hospital. Affiliate Hospitals: JFK Medical Center, Robert Wood Johnson University Hospital Hamilton (CINJ Hamilton), Robert Wood Johnson University Hospital Somerset, Shore Medical Center, The University Hospital and University Medical Center of Princeton at Plainsboro.


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Dave White Profile
Dave White
Your Movies.com Man at the Multiplex
Dave White's first movie review was of the animated feature Snoopy Come Home. He was seven years old...Read full profile
Your Movies.com Man at the Multiplex
Dave White's first movie review was of the animated feature Snoopy Come Home. He was seven years old...Read full profile
Awesome death to you and all your friends. Read full review
Jen Yamato Profile
Jen Yamato
A movie fiend on a mission
Jen Yamato is a walking, popcorn-eating contradiction: she loves all kinds of cinema, from art films to schlocky B-movies...Read full profile
A movie fiend on a mission
Jen Yamato is a walking, popcorn-eating contradiction: she loves all kinds of cinema, from art films to schlocky B-movies...Read full profile
Invest in diapers! Read full review
Critics scores range from 0 to 100, with higher scores indicating more favorable reviews.
out of 100
Metascore®Mixed or average reviewsbased on a weighted average of allcritic review scores.
Operates in a dead zone roughly equidistant between parody and idiocy. You do get the connection between tongue and cheek, but much of the humor still goes thud.
Read Full Review
The movie is an undeniable visual spectacle, but just as unequivocally a cheesy, ridiculous story.
Eye-popping special effects ensure that this movie will be a smash hit, and while it's entertaining for most of its excessive running time, the cheesy script fails to live up to the grandeur of the physical production.
God forgive me, but I enjoyed the nerve-racking silliness of this newest, loudest exercise in destruction.
See all 2012 reviews at Metacritic.com
Pause for kids 13 & under
Massive global destruction -- not for worriers.
What Parents Need to Know
Parents need to know that director Roland Emmerich's 2012 is an intense, violent disaster movie, with billions of anonymous characters getting killed during massive scenes of destruction (earthquakes, tsunamis, and more). Although the tone is mainly exciting, the relentless devastation could terrify or depress many viewers (both kids and grown-ups), especially those who've been through natural disasters themselves. In other words, this is no movie for kids anxious about the state of the world. Fans of the genre will find some of the effects truly impressive, but there's not much in the way of character or plot depth. Expect a little bit of kissing, drinking, and swearing (including "s--t"). All that and it's almost three hours long. ...
Families can talk about the movie's destruction and violence. Much of it is of a sci-fi/fantasy nature, but if you stop to think about it, the enormity and frequency of it can be overwhelming. Is this kind of violence more or less upsetting than gory horror movies?
One of the movie's major themes is the importance of family. Does that come through amid the chaos and destruction? Did the movie make you feel closer to your own family?
Why do you think the wealthiest and most important people were chosen for seats on the arks? Should other people have gotten a chance? What would have been a better way to go about the process?
Do you think a disaster like this could occur? If so, is it better to try and prepare or better not to worry about something we can't control?
Messages: Despite the relentlessly depressing, gruesome subject matter and millions (billions?) of deaths, the film's main point is that family is ultimately the most important thing in life. Several characters risk their lives or well-being for family members, and one character tries (tragically) to contact his family too late. Certain selfish characters are redeemed by saving family members, and the movie makes a point of mentioning that the most selfish character of all has no family. Aside from that, a few characters look beyond family to try to rescue total strangers as well.
Role models: The characters aren't very deep, but some of them still demonstrate marked heroism and selflessness. Hero Jackson Curtis previously ignored his family in favor of his career, but he returns to them during the disaster, learning how to connect with, love, and forgive them. Later, he risks his life to save thousands of people. Other characters clash over methods by which to choose who's rescued, with some seeing only the bottom line, but others arguing that everyone has a right to live. The president shows heroism and self sacrifice.
Violence: Not much blood and gore (one character gets his leg gouged in a giant gear), but the massive destruction results in countless anonymous deaths. The movie does focus dramatically on certain known faces as they meet their terrible fates, but it rarely stops to linger on them. Two children watch as their father falls to his death and another character is ground up in some machinery. Smaller moments of hostility at a boxing match, and a character punches another character in the face. A mass suicide is mentioned on a news report.
Sex: One character is a plastic surgeon who does breast implants. He meets one of his patients, and they mention her surgery several times. Gordon and Kate briefly discuss "making a baby" of their own. Kate and Jackson kiss once, and there's a near-kiss between Adrien and the president's daughter.
Language: Fairly light use of strong language, although there's at least one "f--k," a few uses of "s--t," and other words like "damn," "ass," "hell," "goddamn," and "oh my God." One character flips another one off.
Consumerism: A wealthy character brags about his fancy new Bentley. Pull-Ups diapers are discussed and shown.
Drinking, drugs and smoking: Two minor adult characters are shown drinking. One takes his first drink in 25 years when he discovers that the world is going to end.
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Micro Clover Seed - Micro clover has all the same characteristics of regular clover with the exception of the leaf size. Micro clover can be planted as a stand alone lawn or over seeded into existing lawn grasses. It can tolerate wet (not to be flooded for long periods of time) and shade conditions, as well as drought. Microclover is a nitrogen fixing legume which requires little fertilizer, fungicides, pesticides or mowing. Microclover also benefits your existing lawn grasses by providing natural nutrients. Microclover has excellent cold, drought and traffic tolerance. It is even widely used on sports fields world-wide because of impeccable wear resistance and high traffic tolerance.
The first rule in mixing Microclover in with other grass species is to know that Microclover grows quite aggressively and is very well suited to the latest fine leaved, dense, high quality perennial ryegrass and microclover. Slender creeping red fescues are strong enough to be used in mixtures without perennial ryegrass where they find equilibrium with the Microclover. In dry areas, Microclover can be added to tall fescue grass mixtures.
If Microclover is not cut then the leaf size increases, the more it is cut then the smaller the leaf size. When Microclover is not mowed at all, the leaf size will be about 1/2 the size of White Dutch Clover. When it is mowed, new leaf heads form within a few days so it continually looks thick and lush. If it is not never mowed, it will get approximately 6 inches tall. If you mow it, it will want to quit growing just slightly taller than the height it was mowed at. For example, if you mow it at a height of 3 inches, it will head back out and quit growing at a height of approximately 4 inches. In other words, you can almost "train" its growing height with infrequent mowings. The turf is very dense, very lush, and very beautiful
Microclover is extremely cold tolerant. It will go dormant slightly in the winter months depending on location but is very aggressive and will most likely come back under harsh winter conditions. Killing frost or ice may be the exceptions. Microclover, in light dormancy, will slow down and lose some vigor causing the color to dull but not completely go away.
*Microclover is a coated seed*
**Microclover is Non-Gmo**
Seed Rate: 2-4 lbs. per 1000 sq. ft. if straight seeding, seed at 5% ratio with other turf grasses
Fertilizer: 2-4-10 5 lbs per 1000 sq. ft. applied early spring and summer
Planting Depth: 1/4 inch to 1/2 inch
Planting Season: Spring and Fall
Germination: 10 to 14 days under ideal conditions
Inoculant: Pre Inoculated
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text:
Portal Mirror w/ Infinity Room
Portal Mirror with Infinity Room
This is a project for the mini room at 10x that has two windows and a door, not much more than a broom closet.
Part one of the proposed idea is to make the two windows connected like a giant para-scope. By looking into one window one should see out the other window as if inside the closet. The two windows would/might be painted/lighted one orange and the other blue as if they were the A-B portals in the video game Portal.
Part two, when people ask to see how it works (great for open house nights), the host will allow the guest to open the door. Upon opening the door, they will be greeted with an infinity LED lit room. At this point minds should be blown as the effect is nothing shy of magic.
Part 1 - needs 2 tall mirrors not very wide set at 45 degrees inside the closet, one per window.
Part 2 - needs 2 door size mirrors, one needs to be a two-way mirror and an array of LED Xmas lights.
Both will need some framing materials (wood) and then everything should be painted flat black.


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Eclipse search plugin: providing a better, faster, more relevant Eclipse search.
Student: Çağatay Çallı (IRC: kynes)
Mentor: Francois Granade (IRC: farialima)
This project is part of the Summer of Code 2007
- 1 About
- 2 Primary Goals
- 3 Secondary Goals
One of the most frequently used features of an IDE is find/replace and search features. Even the earliest source code editors focused on the importance of decreasing the search time and increasing relevance of the results. Even though the search facilities, especially find/replace features in Eclipse are adequate for most developers, there are still plenty of usability issues and enhancement requests arising in Bugzilla. Moreover, search performance in large projects seems inefficient without making use of indexing. Searching in all the files individually while trying to execute a search query on a project that contain a large amount of static files seems meaningless. Currently search feature in Eclipse Help component contains an indexing approach that works by indexing the help pages in the first query and then serving other queries from the index, improving the response time significantly. Apache Lucene is used for implementing this approach. Considering relevance of the search results, projects such as OpenGrok that offer a good source code search and cross-referencing engine exist.
Primary Goals
Solving usability issues
Initial Ideas about Usability
1 - Improve Ctrl-J search:
- Ctrl-J : have Ctrl-V paste the current ring in it
- Ctrl-J : if there's a selection, have a second Ctrl-J take this selection as search string
- Ctrl-J followed by Ctl-R would switch to regex search
- Ctrl-J to global search: transform a Ctrl-J to to a global search actually, drive all searches from the keyboard incremental search would be good: there should be a set of keyboard shortcuts on Ctrl-J to set up a complete search, and then execute it globally.
2 - Display search results. the view that displays the search results is very poor currently. Probably a tree view is not perfect. It should show the matches, for example. It should have more shortcuts...
3 - Improve the search dialog. More TBD
4 - Real search/replace:
- search and replace in multiple files (all files/subset of files) - (Resolution: Existing feature in current implementation.)
- selective (based on language elements...)
Bugzilla Reports Related with Usability
1. find/replace search should have a tick-box for "ignore comments" (enhancement request) bug 161398
2. Show as package tree bug 160481 (enhancement request)
3. Store Previous Searches for Startup (enhancement request) bug 169252
4. Search dialog "Java Search" Scope should include Hierarchy (WONTFIX bug) bug 110252
5. New text search shown line not a great help (LATER) bug 127672 (This bug is waiting for applying styles on a tree item.)
6. Result in Table (LATER) bug 129185
These two are related:
7. Search shows duplicate results in nested projects (LATER) bug 144959
8. Resource exclusion filters bug 84988
(read together with: bug 144959 - about duplicate results for nested folder structures)
9. Search Enhancements bug 108223
10. Search in files: see matched lines https://bugs.eclipse.org/bugs/show_bug.cgi?id=72575
Integrating an indexing engine like Lucene or OpenGrok into Eclipse search
Initial Thoughts
Here is an excerpt from my first blog entry at Eclipse SoC Blog
"I tried to keep myself focused on research at the beginning so I read about both Lucene and OpenGrok. I understood how OpenGrok achieved to be a great tool for source code browsing and cross-referencing. Since it makes use of Lucene, either way (if I use OpenGrok or not) Lucene is a building block of this project. I've read a few articles and browsed a few presentations about Lucene and I'm still trying to learn more about it.
I've been consistently asking questions to myself about index sizes and frequent updates to the index. As a basic solution, I thought of keeping a partitioned index ( e.g. A project having an index that is distributed to multiple Lucene indexes and these index files being accessed/changed when it's necessary. Shortly, we may call this partitioning the index file. ).
This absolutely has a tradeoff because of the cost of not using one index for the whole project. But, when a good number of partitions is selected, I think that the tradeoff will seem small. (I thought of computing the ideal number in the future, like the computation of ideal bucket size in file processing literature.)
I thought of this "partitioning" method because an Eclipse user can get very aggressive when we tell him that we can "linearize" the time to search his files but in order to do this, he has to keep like ~ 50 MB for the index in RAM. ( I've tried indexing different things and I think that this value is a good estimate for large projects. And by the way, a possible question is why do I have to keep things in RAM and do not write things to disc. One answer: dynamic nature of source codes and frequent updates. )
Partitioning approach gives us one advantage: we only have to index a part of the project when you are working on a set of files. Since the number of active editors is considerably less than the actual project size, it is an idea that can work. And since we can keep a relatively small index in RAM, indexes containing your active file set can be updated fast.
However, I still see other tradeoffs in this approach and it is just a start. By the way, I'm trying not to focus on algorithm-wise enhancements for now and I don't plan to implement this idea in my prototypes during the early days of coding. I plan to start coding by addressing usability enhancements first.
I think early search plugin prototypes will makes use of RAM – HDD data transition features of Lucene and just write the index to a file on the disc after a certain threshold."


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Having a system in place will help the average homeowner clean their home faster and more efficiently. As an owner of a large cleaning company in Ocean County NJ I've often been asked how is it that our cleaners are able to be in and out of their home in less than 2 hours. Customer's state it takes them all day on a Saturday to clean and it doesn't look half as good as the way the cleaners do it? The reality is that a professional house cleaner is in the home to do a job. Cleaners aren't distracted by request from children, the house phone ringing, the dog needing to go out and so on. If you were to be able to put all distractions aside the other reason cleaners are able to still able to move more rapidly with great quality is having the right tools and a system to follow.
Having the right tools to clean can really help in saving time and it doesn't have to cost a lot either. First you should separate the tools needed for wet areas of the home (bathroom & kitchen) and for the dry areas. A good cleaning tote that can hold your chemicals, sponges, brushes and other accessories will help. In this tote keep a few rags to use to shine, dry and buff. In a separate tote keep you dry tools such as vacuum attachments, polish spray, Windex and some microfiber cloths. A bottle with water and vinegar will also be just as efficient as polish and Windex while being better for the environment. In this bucket have a nice wooly for doing corners of walls, fans and high dusting. Lastly having two separate vacuums will really assist in better quality and faster speed. A good canister to vacuum hard surface floors, stairs, furniture and corners will be much more efficient than an upright with tools and easier to carry. You can purchase the Hoover CH30000 for less than hundred dollars and it should last forever. A powerful upright like the Hoover C1404 or Oreck XL2000 will save time in vacuuming carpet as they're strong machines that are light and easy to operate.
Now that you have your tools to clean this is a quick system that should really help in reducing time and keeping your home white glove clean:
- Begin with you Lambswool Duster in the top floor of the home and begin going from room to room to dust all corners of walls, behind furniture, fans, high light fixtures. End in the kitchen. Doing this first allows all dust to settle. Very important when using the duster and whenever dusting to work from top to bottom to allow dust to settle. As your high dusting carry a bag to empty all trash cans.
- Next grab your wet tote and head off to the bathrooms. The dust has had a chance to settle. Empty everything on the floor and put it outside the door. Vacuum the floor with you small canister vacuum as this will assist when you need to scrub the floor for small hairs.
- Begin with the scrubbing the sink first. Then wash the mirror, counters and dry the sink. Important to follow this order as if you do the mirror first and then the sink when you're scrubbing your sink the water will go back on the mirror and you'll waste time redoing the mirror. Use a toothbrush occasionally around corners and faucets to loosen any built up dirt.
- Proceed to the shower area. Empty it, wash off ledges for dust to fall to bottom and if you have shower doors get inside the tub to do them first. Proceed then by scrubbing the walls, faucet and basin. Dry and clean outside bottom basin or shower door.
- Proceed to all fixtures on the walls to dust and wipe down.
- Proceed to the toilet to scrub inside bowl and outside. Again use a toothbrush around corners. Don't forget to dust toilet tissue holder.
- Wipe down all doors
- Lastly wipe floor from furthest point toward door. Use a scrub brush occasionally to loosen up dirt and for larger floors a good deck brush will speed the process.
- Head to next bathroom and powder room following same system. When complete leave the wet tote in the kitchen and head back to bedroom areas with your dry tote.
- Begin dusting the rooms moving left to right and top to bottom. Move around each room lifting everything possible to remove all dust. Dust each floor and then take your small canister vacuum to vacuum in areas that the larger vacuum can't reach. Every other month try to wipe all baseboards with a damp cloth and crevice the corners with the vacuum to prevent dust buildup. Take the upright vacuum out to complete the vacuuming for that level of the house. If hard surfaces throughout home, small vacuuming the floor under beds and then mop.
- Follow same procedure now in all living areas. Dust first the entire living area again left to right top to bottom. Finish off with vacuuming. Every other month try to vacuum furniture and under cushions.
- Head off to the kitchen for completion.
- Every other month begin with wiping down kitchen cabinets.
- Head to the stove to clean. If the microwave is above the stove wipe it down first so as debris falls it isn't going on a stove already cleaned. If filters under microwave take out every other month to wipe and clean. This helps the fan work better when cooking. Wipe down stove and take off knobs if possible to clean and soak if necessary.
- Next wipe all counters down moving everything to get behind that is possible. Clean toaster, spice racks, front of refrigerator (grill also) by wiping down. Also wipe down tables and chairs.
- Fill mopping bucket and then clean your sink. Again use a toothbrush periodically to loosen dirt. Dry sink.
- Vacuum kitchen floor
- Mop the floor from furthest corner to the exit area. Empty bucket in slop sink and clean. Head back to put everything back and you're complete!
Following this system should save a tremendous amount of time and assist in having a clean home all the time. As for following a schedule for when to give extra attention to different areas of the home divide the home into four different cleaning zones:
- Living Area
- Bathroom Area
- Sleeping Area
- Kitchen Area
Each clean try to pay extra attention to these area's and you'll notice you're cleaning like a professional at top speeds! If this doesn't work you can always contact The Cleaning Authority of south Jersey or any other around the country and enjoy your free time!


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Whether youre a wine lover or a beer connoisseur, Southwest Colorado is a great place to experience both. Look in todays edition of The Durango Herald for a local insert called Sips and Suds a complete guide to the wine and beer offerings in the region. Learn how to pair wine and beer with food, where to find the regions wineries and breweries, and the best temperature to store and serve both. Sips and Suds, the place to flip over wine and beer.
Herald Staff


text: Fishing: Story Story Posted 08-15-2013 Top 10 Unusual Items Eaten by Sharks Photo Courtesy Chris Fallows Most sharks eat fish and other marine life, like seals and plankton, but a hungry shark will eat anything it can catch to survive. Have you ever wondered what strange items have been swallowed by sharks? Check out this list of the top 10 documented things found in the stomachs of sharks. #10. Boots Our number ten item—a pair of boots—no word if they were actually sharkskin. #9. Musical Instruments No pianos of course, but several instances of guitars and harmonicas—the kinds of things you might find on a boat or at a beach picnic. #8. Tablecloth For number eight we are reminded of the news report about the bears that broke into the Alaska lodge last winter and ate all of the kitchen linoleum, presumably because it tasted like food. That's probably what prompted the shark who ate number eight on our countdown list—a tablecloth. #7. Bottles of Wine A shark was reportedly found with two bottles of vintage wine it had consumed. No word on how good the wine tasted after being found. #6. License Plates Car license plates—fortunately not attached to the car. Florida plates, New York Plates—those you can understand. When they're Kansas plates is when you start scratching your head. #5. Driver's License Number five on our list continues the driving theme—there have actually been driver's licenses recovered from shark stomachs. #5a. Head of a Bulldog The head of a bulldog. You might expect that from an alligator or crocodile but not necessarily a shark. Fido got a little too close to the edge of the boat. #4. Barrel of Nails A barrel of nails. Swallow that and you get that heavy feeling, followed soon by the worst case of heartburn ever. #3. Fur Coat A fur coat—We can't possibly imagine how this one came about but there just can't be anything but a bad story behind this one. Some rich lady somewhere is really angry about this. #2. Suit of Armor Possibly our strangest item yet: a suit of armor. That's right, a suit of armor. Can't even think of anything else to say here. #1. Porcupine What could be more strange in a shark's stomach? How about the last thing that any living thing would want to swallow. The last thing. As in a porcupine. Yes, there has been a porcupine found inside a shark. I wonder if there was any regret from the shark? What is the most unusual thing you have ever eaten? Tell us below! Share This Story Next From Story Major League Fishing Celebrates 5-Year Anniversary with Top Rating Related Fishing : Posted 08-05-2013 Shark Week Of Their Own View Fishing : Posted 06-04-2013 'Professionals' Film Record Mako View Fishing : Posted 04-25-2013 Baring Her Teeth View Fishing : Posted 04-18-2013 Fearless in Face of Sharks View Fishing : Posted 04-08-2013 'I Was a Human Chum Line' View Comments Categories News Stories Recipes Tips Gear Videos Photo Galleries Viewer Photo Galleries Features MAP: Find out where the fish are biting in your area Out There Fishing with Keith "Catfish" Sutton Major League Fishing World Fishing Network Feature Fishing Check Out All The Photos Explore the United States. Find information about and activities within your state. Get Started


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4. Will Arctic Sea ice continue to decline, opening up the fabled Northwest Passage once and for all?
In almost every summer since 2007, the southern route of the Northwest Passage, which connects the northern Atlantic and Pacific Oceans, has been nearly ice-free. In 2016, the luxury cruiseliner Crystal Serenity became the largest passenger vessel to ever travel through the route, which was considered nearly impassable just over a century ago.
As Mongabay staff writer John Cannon reported earlier this month, higher-than-normal water and air temperatures coupled with shifts in wind patterns led to record-low sea ice extents in both the Arctic and the Antarctic in November 2016. "It looks like a triple whammy – a warm ocean, a warm atmosphere, and a wind pattern all working against the ice in the Arctic," said Mark Serreze, director of the National Snow and Ice Data Center in Boulder, Colorado.
Dropping temperatures in the months leading up to winter usually lead to increases in Arctic Sea ice, a process that typically starts in September and peaks in March. But at one point in mid-November, the extent of Arctic sea ice had actually shrunk by about 50,000 square kilometers (19,300 square miles). In some places, air temperatures were 10 degrees Celsius (18 degrees Fahrenheit) higher than the November averages recorded between 1981 and 2010. As a result, Arctic Sea ice extent was just 9.08 million square kilometers (3.51 million square miles), 18 percent lower than the November average. That made November the seventh month of 2016 with record-low levels of Arctic Sea ice.
We won't really begin to know what 2017 will bring for the Arctic until late March, when the melt season returns. But it doesn't look good: For the second year in a row, scientists forecasted ice-melting December temperatures for some parts of the Arctic.
http://www.commondreams.org/views/2017/ ... watch-2017


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SAN FRANCISCO (MarketWatch) — Among the companies whose shares are expected to see active trade in Wednesday's session are Oracle Corp., Adobe Systems Inc., and FedEx Corp.
After Tuesday's closing bell, Oracle ORCL, -0.15% said its fiscal third-quarter profit rose to $2.57 billion, or 56 cents a share, from $2.5 billion, or 52 cents a share, for the year-earlier period. Revenue also increased to $9.31 billion from $8.96 billion. Adjusted profit was 68 cents a share. Analysts, on average, were expecting Oracle to report a profit of 70 cents a share, according to FactSet. Oracle shares were down 5.1% in after hours.
Adobe Systems Inc. ADBE, -4.36% reported its fiscal first-quarter profit fell to $47 million, or 9 cents a share, from $65.1 million, or 13 cents a share, a year earlier. Revenue was mostly unchanged at $1 billion. On an adjusted basis, the software company would have earned 30 cents a share. Analysts surveyed by FactSet were expecting the company to report earnings of 25 cents a share. Shares of Adobe slid 0.5% in after-hours trading.
On Wednesday, FedEx Corp. FDX, +0.01% is projected to report fiscal third-quarter earnings of $1.45 a share, according to a consensus survey by FactSet.
General Mills Inc. GIS, +1.09% is forecast to post fiscal third-quarter earnings of 64 cents a share.
Jabil Circuit JBL, -0.42% is likely to report fiscal second-quarter earnings of 11 cents a share.
Guess Inc. GES, +1.14% is projected to post earnings of 78 cents a share in the fourth quarter.
Microsoft Corp. MSFT, -1.80% is also expected to remain in the spotlight after the stock hit its highest since July 2000, rallying 3.9% to close at $39.55 on Tuesday. The shares got a lift on expectations that Microsoft will soon unveil its Office software for Apple Inc.'s AAPL, -2.14% iPad. Analysts at Barclays also hiked the stock's price target to $44 from $43.
Pacific Sunwear of California Inc. US:PSUN said late Tuesday its fourth-quarter loss widened to $22.5 million, or 33 cents a share, from a loss of $19.9 million, or 29 cents a share, in the year-earlier period. On an adjusted, the retailer lost 17 cents a share, less than 19 cents a share forecast by analysts.
Providing critical information for the U.S. trading day. Subscribe to MarketWatch's free Need to Know newsletter. Sign up here.


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Men's Jackets & Winter Coats
Product Compare
Product Compare
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Learn More About Men's Jackets & Winter Coats
Get Rugged Protection with Men's Jackets & Winter Coats
Discover men's jackets designed for performance—no matter what Mother Nature throws your way.
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Carve up slopes in an insulated jacket. Insulated jackets designed with stretchable fabric allow you to maintain more natural mobility. Think about whether you need a jacket that has taped seams. As a jacket is stitched, needle holes can allow water in. Jackets with critical seams taped are designed to fully block air and water but minimize your jacket's breathability.
The latest men's jackets are designed with a variety of state-of-the-art technologies, insulation and features that keep you protected from inclement weather. Check out The North Face® men's jackets and vests and men's Patagonia® jackets and vests, plus coats from other popular brands like Columbia® and Mountain Hardware®.
Expert Advice
What to Look for When Choosing Your Jacket or Coat
It's the details that make the difference in quality men's jackets.
Cold-weather athletes love the lightweight coverage of men's fleece jackets and sweaters. To customize your level of warmth, pair your fleece jacket with a thermal baselayer or wear it under a soft-shell jacket. Fleece and insulated vests are also a great option for those looking to take their workout outdoors.
When it comes to your winter jacket, comfort is always key. Look for soft, brushed inner linings that keep you warm when the temperatures drop.
Your jacket should be designed with technical fabrics that block cold air and moisture. When you consult product information, you'll find some jackets are treated with "DWR," or durable water repellent. DWR covers individual fibers rather than the entire surface of a jacket to ensure both water repellency and breathability.
A raised collar provides extra coverage from the cold. Elastic in your jacket's wrist cuffs and waist also helps seal out cold. Zippered or buttoned pockets ensure you can stash away small essentials on the go.
Get high-quality apparel for every season with the full assortment of men's workout clothes at DICK'S Sporting Goods.


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Hello, I'm about to upgrade my cel to one with Symbian and couldn't find a list of supported games.
I know last version of ScummVM for Windows didn't supported games like Conquest of the longbow but the current one does.
So I was wondering, is there a list of games supported by the current version of Symbian ScummVM?
If there's not, is CotL supported at least?
While I don't have Conquests of the Longbow, I'm sure that the Symbian release can run the game as it's been regularly updated and CotL was included in the main 1.2.0 release.
I don't have any excuses for not upgrading now.


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- Packs and Vests
- Gear Bags
- Tools/Accessories
- Apparel
- Lifestyle
- Luggage
- Nomad Series Nets
- FP Field
- Submersible
- New Arrivals
Replacement foam for your favorite Fishpond pack.
At fishpond, we have a passion for creating products that stretch the boundaries of traditional product design and set new standards for functionality. With our roots firmly planted in our core fishing market, we have expanded our portfolio of products to include several new items targeting the outdoor adventure travel and lifestyle segments.
fishpond, inc • 275 Kalamath Street Denver, Colorado 80223 | Photography by John Land Le Coq Copyright ©2017