Our congratulations to Edinburgh Trams and the SmartDrive team for their ‘Highly Commended’ award at the Global Light Rail Awards in London (October 3rd).
The commendation was for the ‘Environmental Sustainability Initiative’ category and in relation to the introduction of the SmartDrive system to the Edinburgh network earlier this year.
Developed in a partnership between University of Birmingham Centre for Rail Research and Education (BCRRE) and Ricardo, with initial sponsorship from UK Tram, SmartDrive applies a mix of train trajectory optimisation analysis and on-site driver training to reduce energy usage costs on light rail, metro and self-contained heavy rail routes.
Up to 25% reduction in traction energy costs
The process begins with the modelling of individual routes to find the most appropriate train movement sequences under different scenarios (such as inclement weather). This analysis is then the basis for identifying where certain driving techniques – such as coasting and braking - can reduce energy use along the route.
Once tested under true operational conditions, the evidence is compiled into a bespoke driver training programme specific to each route.
With no in-cab display - and thus compatible with systems that use line-of-sight driving – the focus of SmartDrive is less on instructing drivers and more on empowering them to apply efficient behaviours as they see fit and when conditions allow.
For a typical 1.2 km tram journey on a section of segregated track, for example, SmartDrive has previously revealed how up to 500 metres can be travelled by coasting. Furthermore, the early pilots schemes have shown how drivers were often surprised by the coasting distance that can be achieved.
With more efficient transitions between acceleration, coasting and braking, passengers also benefit from smoother rides, whilst less frequent braking reduces wear and tear and thus requires less maintenance.
Simulation testing in China and on the Edinburgh Tram network have demonstrated a potential reduction in traction power use of between 10% and 25%, which on a small light rail network.
Innovation for the industry
SmartDrive was the 2017 winner of Impetus, Ricardo Rail’s own internal innovation competition where it competed against other ideas for development funding, leading to its early adoption by Edinburgh Trams.
Now marketed as ‘DriveSmart’ the team are currently talking to a number of operators about future applications of the system.
For more information: See our SmartDrive page


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Av. Anhanguera com Av. E | Setor Oeste, Goiania, State of Goias, Brazil
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domain: travel


text:
Fort Collins CO - Best Places to Live
Award-winning schools, exceptional outdoor amenities, and a thriving arts scene frequently put Fort Collins CO on “best places to live” lists. And a business climate driven by collaboration between the private sector, Colorado State University and city government fosters innovation. Semaglutide treatment in Fort Collins.
This college town’s historic old town and downtown area are the hub for shopping, dining and entertainment. The Lincoln Center hosts touring Broadway productions and smaller shows geared toward families. And the Poudre School District’s 32 elementary, middle and high schools are widely regarded as some of the best in the country.
The city’s craft brewing scene began in the late 1990s, with the opening of Fort Collins Brewery and Funkwerks. Today, the city is home to over a dozen craft breweries and brewpubs. Sample a flight of local beers or enjoy the classics like IPA and stout. And be sure to stop by Coopersmith’s Pub & Brewing, the oldest of the bunch and a key player in Fort Collins’ craft beer revolution.
Visitors can take in a variety of art exhibits at the Artisan Center of Fort Collins or catch a show by the Northern Colorado Symphony Orchestra. The CSU Center for the Arts is another hub for culture in the city, hosting world-renowned musicians, plays and dance shows throughout the year.
In the outdoors, explore the Rocky Mountains at Coyote Ridge Natural Area or the flora-filled trails at Pine Ridge Natural Area. The city’s botanical gardens are another scenic draw. Or, get your blood pumping with a hike at the Poudre Canyon.
Diners can savor dishes made with locally-sourced ingredients at Bistro Nautile. The menu of French-inspired fare has ranged from bison tongue to crickets, and a glass of wine is always a good choice. The restaurant also offers a sommelier-led tasting.
The Regional is another Fort Collins favorite for farm-to-table food. The restaurant serves both brunch and linner (lunch + dinner), with dishes like watermelon feta salad, goat cheese Caprese, zucchini noodles and the classic fried chicken sandwich.
The Downtown Fort Collins Transit Center is a hub for local bus service. The city’s bus system, known as Transfort, operates more than a dozen routes throughout the week. And for longer trips, the Mason Corridor Transitway runs parallel to College Avenue.
Genesis Lifestyle Medicine
363 W Drake Rd STE 9
Fort Collins, CO 80526


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Date: 1900 ca.
Description: Floor plan for the second floor library and offices of the State Historical Society building designed by architects Ferry & Clas and constructed in 1900. F...
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Date: 1944 ca.
Description: Artist's rendering of the research and development tower and administration building of the S.C. Johnson and Son Wax Co.
Description: Exterior perspective and plan sketched on yellow tracing paper for the Anthony Kalupy residence designed and drawn by architect John Randal McDonald.
Date: 1967 ca.
Description: A depiction of the near east side of Madison circa 1885. The arrow indicates the location of the old Second Ward Grammar School and the circle shows the ar...
Description: Pencil drawing of the Spring Inn, located at 3706 Nakoma Road.
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Date: 1940 ca.
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Date: 1952 ca.
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domain: history


text:
Recommended Hotels for the attendees
Center of Athens
- Plaka: Urban Frame
- Acropolis: Acropolis Stay, Herodion Hotel
- Sintagma: Electra Palace, Athens Capital Center Hotel, Astor Hotel
- Monastiraki: A for Athens, Athens 1980 Boutique Hotel and Spa
In the city centre, the most desirable places to stay in Athens are the central neighborhoods of Plaka, Syntagma, Thission, Koukaki, Monastiraki, and Makrigianni, all of which surround the Acropolis. These areas have easy access to everything by metro and are within walking distance to nightlife. As you go away from the historical centre of the city, the prices get cheaper but then you have to take into consideration the logistics and the time you spend travelling to where most of the main attractions are.
Near to the Symposium
- Palaio Faliro: Coral
- Kallithea: Athens Avenue Hotel, Grant Hyatt Athens
- Nea Smirni: Athens Marriot Hotel
Sygrou Avenue, one of the main streets of Athens. It can easily be reached from the port of Piraeus and Athens International Airport, as well as the city centre and the southern suburbs.
- Peiraias: Gallery Residence Piraeus
- Glyfada: Riviera Hotel
- Voula: Blazer Suites Hotel
- Vouliagmeni: Divani Apollon, The Margi


Dealing with a malfunctioning garage door opener is frustrating. If your garage door opener is causing you headaches, call Ben’s Garage Door and Gate Supply. We specialize in garage door opener repair and replacement in Los Angeles and Ventura County .
Quality and Affordable Garage Door Opener Repair
Garage door openers can be difficult to troubleshoot since they’re made of several switches and a motor. There are various makes and models of garage doors on the market, and each one is built differently. Our technicians have experience with every brand and can troubleshoot and perform your garage door opener repair. If it turns out you need a garage door opener replacement, we keep the best brands in the industry in stock. When you need to hire a professional to fix the fault in your garage door opener, look no further than Ben’s Garage Door and Gate Supply.
Some of the services we provide for your garage door and garage door opener:
- Remote repair
- Roller repair
- Garage door repair
- Opener repair
- Opener installation
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We Offer the Most Reliable Names in the Industry
At Ben’s Garage Door, we’ll never recommend or install a garage door opener brand that is prone to quality issues. We want to make sure our customers receive the best parts and service from our store. We are an authorized dealer for LiftMaster, and we can repair and install the following trustworthy brands: LiftMaster Craftsman, Stanley, Genie, Chamberlin, Wayne Dalton, Linear, Sommer, and Guardian.
Whether you need a replacement, an upgrade, or a new install, we can take care of your garage door opener needs. Ben’s is simply the best garage door repair company in Van Nuys, and we’d like the chance to prove it to you.
Common Issues With Garage Door Openers
At Ben’s Garage Door and Gate Supply, we have many years of providing service in the industry, so there isn’t anything we haven’t seen. Here are some of the more common issues homeowners and business owners face with their overhead doors.
Sensor Out of Alignment
When something gets in the path of your garage door closing, it can sense the object and stop before landing on it. That’s because each side of your garage door is equipped with safety sensors. If these sensors become misaligned or dirty, your garage door opener may stop functioning properly. If they are covered in dirty, wipe them clean, and see if the garage door opener issue is resolved. If it isn’t, our repair technicians can re-align them for you.
If your garage door doesn’t seem to be receiving transmissions from your remote, it could be that you’re out of range. Check what the manufacturer says about the range your remote can operate within. The other issue could be the antenna that hangs from your motor. Make sure nothing is blocking it, and also check for signs of damage. If your garage door is opening at random moments, you may have a neighbor on the same frequency as you. Check your manual to see how you can change the frequency, or call Ben’s, and we can do it for you.
Disconnect Switch Enabled
Every garage door opener has a disconnect switch, so you can disable it when you lose power. This could have easily been enabled without you realizing it happened. If the motor is running like it’s opening and closing the door, but the door isn’t moving, check to make sure the switch is disabled.
Q: How do you troubleshoot a garage door opener?
A: There are several things you can do to make sure the issue with your malfunctioning garage door opener isn’t a simple fix. Check for the common issues above, and then perform the following:
- Make sure the garage door opener is plugged in.
- Check your circuit breaker to see if the switch is flipped.
- Inspect the manual lock to verify it wasn’t locked by mistake.
- Replace the batteries in your keypad or remote.
- Reset the remote or keypad according to the manufacturer’s instructions.
If none of these fixes the issue, pull the emergency cord to disengage the opener. Now you should be able to manually open your door until a technician can take a look. Call Ben’s Garage Door and Gate Supply. We offer same-day service and can get your door back to fully operational.
Q: What is the most reliable garage door opener?
A: Many reliable brands of garage door openers, and Ben’s Garage Door and Supply carry them all. The recommended garage door for your home or business will depend on the type of garage door you have. Call Ben’s for a consultation in finding the best garage door opener to fit your situation.
Q: Why does my garage door opener keep stopping?
A: If your garage door is stopping in the middle of closing or opening, it could be an issue with the sensors. They may need to be aligned. Ben’s Garage Door can troubleshoot your issue so you can get back to having a hassle-free garage door.
Call Ben’s Garage Door and Gate Supply
Ben’s Garage Door and Gate Supply offers same day service, and we’ll get you back to normal in a jiffy. When you want professionalism and honesty, call the most reputable garage door company in Los Angeles County at (323) 302-1223. You can also contact us on our website for a quote.
- Liftmaster garage door opener
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- Liftmaster myq
- garage door sensor
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- replacement garage door opener
- garage opener
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- myq smart garage hub
- garage door suppliers


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25 December, 2011
janluvs2sew commented on the article Holiday Giveaway: Day 24 - Win Sewing and DIY titles from STC Craft|Melanie Falick Books!
I usually buy at a local quiltshop called Somewhere Sewing. But they have recently moved to anot…
14 December, 2011
janluvs2sew commented on the article Holiday Giveaway: Day 13 - Win a 5234PRW Project Runway™ Limited Edition Serger from Brother!
My grandmother taught me to sew when I was a small child. I learned to sew on her treadle machin…

domain: hobby


Cost is considered a big obstacle to the growth of Internet use in Latin America, so Internet service provider IFX Corp. has decided to offer free access to the 'Net in the region, the company announced this week.
"We feel the real revenue and sales opportunities are not in the core subscription service, but in advertisements, e-commerce and other value-added services," said Joel Eidelstein, the company's president, in an interview today.
Thus, the company wants to assemble a critical mass of subcribers -- 2 million by 2001 -- and make them regular visitors to a Web portal IFX plans to launch simultaneously with this free service, Eidelstein said. Along with the free access service, users will get free Web-based e-mail accounts, which will be hosted at the portal. The site also will feature local information about the countries where the service is available as well as online shopping, classified advertisements, auctions and a variety of advertising options.
Only 2 percent of Latin America's population -- 9 million people -- is currently online, according to a Jupiter Communications Inc. report issued in November 1999. Another study done by the Boston Consulting Group and released in July 1999 identified the high cost of Internet access as the biggest barrier to Internet use in the region. Factoring in phone charges, Internet service fees and PC cost of ownership, BCG determined that the average cost for a user who logs on for 20 hours per week would be US$42 per month in the U.S., $54 in México, $83 in Brazil and $112 in Argentina. [See "Lat Am Retailers Eye Growing Online Market," July 27, 1999.]IFX plans to begin offering free Internet access in mid-February to users in 100 cities in Argentina, Brazil, Chile, Colombia, El Salvador and México. It later plans to extend the free service to seven other countries in Latin America where the company also operates.
IFX, which already offers Internet access to 13 countries in the region under the brand "Unete," will continue to offer this fee-based service, whose main advantages over the free offer are POP3 e-mail accounts and the ability to access the Internet with a local call when a user is outside his or her regular local calling area.
IFX also will continue to provide other fee-based Internet services, such as dedicated line access and Web site hosting and design. It plans to launch a separate portal for its subscribers who use the company's fee-based services, Eidelstein added.
IFX, based in Miami, can be reached at 1-305-931-7270 or at http://www.ifxcorp.com.


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Margret Marks (Biographical details)
Margret Marks (painter/draughtsman; ceramicist/glass worker/potter; German; British; Female; 1899 - 1990)
Also known as
Marks, Margret; Marks, Grete; Heymann, Margarete; Loebenstein, Margarete
Potter and artist. Born in Cologne, died in London. She studied in Cologne and at the Bauhaus in Weimar. In 1923 she established and ran the Haël Werkstätten für Kunstlerische Keramik with her first husband Gustav Loebenstein. After his death she ran the factory alone, until 1934 when it was closed down by the Nazis. In 1936, she moved to England, where she designed for Minton & Co. In 1938 she set up Grete Pottery. In this year she married Harold Marks (q.v). In 1945, Margret moved to London with her husband, where she continued to paint and make pottery.
Ursula Hudson-Wiedemann and Judy Rudoe, 'Grete Marks, Artist Potter', in The Decorative Arts Society Journal 26 (2002) pp101-119.


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Friday, November 5
The Eternals begin millions of years ago when the cosmic beings known as the Celestials genetically experiment on humans, creating the super-powered and near-immortal beings and a more monstrous off-shoot known as the Deviants. The two races move behind the scenes throughout human history while also engaging in cosmic powerplays. Among the Eternals are Ikaris, fueled by cosmic energy; Sersi, who relishes moving amongst humans; and Thena, often mistaken for the Greek goddess Athena.
Salma Hayek, Brian Tyree Henry, Barry Keoghan, Don Lee, Kevin Feige, Angelina Jolie, Kumail Nanjiani, Matthew K. Firpo
A robot lives on a post-apocalyptic earth. Built to protect the life of his dying creator's beloved dog, it learns about love, friendship, and the meaning of human life.
Skeet Ulrich, Kevin Misher, Caleb Landry Jones, Christopher Farrar, Miguel Sapochnik, Jack Rapke, Jackie Levine, Ivor Powell
Follows an elite squad of Navy SEALs on a covert mission to transport a prisoner off a CIA black site island prison is trapped when insurgents attack, trying to rescue the same prisoner. Led by Lieutenant Blake Harris (Adkins), the team, including Deputy Site Manager Tom Shields (Phillippe), must trust the secret intel of Junior Analyst Zoe Anderson (Greene) in order to deliver the prisoner and thwart a pending terrorist attack on Washington D.C.
Scott Adkins, Ryan Phillippe, Ben Jacques, Ashley Greene, James Nunn, Marc Goldberg, Jamie Russell
A drama based on the true story of Fahrije, who, like many of the other women in her patriarchal village, has lived with fading hope and burgeoning grief since her husband went missing during the war in Kosovo. In order to provide for her struggling family, she pulls the other widows in her community together to launch a business selling a local food product. Together, they find healing and solace in considering a future without their husbands—but their will to begin living independently is met with hostility. The men in the village condemn Fahrije’s efforts to empower herself and the women around her, starting a feud that threatens their newfound sovereignty—and the financial future of Fahrije’s family. Against the backdrop of Eastern Europe’s civil unrest and lingering misogyny, Fahrije and the women of her village join in a struggle to find hope in the face of an uncertain future.
Yllka Gashi, Blerta Basholli, Çun Lajçi, Kumrije Hoxha, Aurita Agushi, Adriana Matoshi
An experiment in documentary and narrative storytelling sheds light on one of Mexico and the world's most controversial institutions, the police force and the causes of the impunity crisis plaguing the justice system.
María Teresa Hernández Cañas, Alonso Ruizpalacios, Monica del Carmen, Raúl Briones
Louis Wain was many things during his incredible life: artist, inventor, entrepreneur, trying his best to care for his five sisters and mother. Two events changed his life forever: meeting Emily, the love of his life, and adopting Peter, a stray kitten. They will become both his family and his inspiration to paint the extraordinary images of cats that made him world famous and changed the way we see life forever.
Claire Foy, Benedict Cumberbatch, Will Sharpe, Andrea Riseborough, Toby Jones, Stacy Martin
Branded a traitor by her countrymen, French national Marie DuJardin is rescued by American soldiers on one condition: to survive, she must lead them to a cache of gold hunted by the Nazis, the French resistance, and the Americans alike.
Louis Mandylor, Daniel Bernhardt, Nina Bergman, Timothy V. Murphy, Jesse V. Johnson, Dominiquie Vandenberg
Trailer Crime boss Ida "Red" Walker (Oscar winner® Melissa Leo) turns to her son, Wyatt (Josh Hartnett), to pull off one last heist to get out of prison. But with the FBI closing in, Wyatt must choose between family and freedom in this high-octane thriller.
Josh Hartnett, Mark Boone Junior, John Swab, Melissa Leo, Frank Grillo, Sofia Hublitz, William Forsythe, Deborah Ann Woll
A stressed-out mother of two – with a third child on the way – strives to create the perfect Christmas for her dysfunctional family in the holiday comedy.
Caroline Aaron, Peter A. D'Amato, Bruce Dern, Richard Thomas, Chris Elliott, Jack McGee, Kresh Novakovic, Shawnee Smith
In 2009, Scott Mescudi aka Kid Cudi released his debut LP, Man on the Moon: The End of Day. A genre-bending album that broke barriers by featuring songs dealing with depression, anxiety, and loneliness, it resonated deeply with young listeners and launched Cudi as a musical star and cultural hero. Director Robert Alexander’s A Man Named Scott explores Cudi’s journey over a decade of creative choices, struggles, and breakthroughs, making music that continues to move and empower his millions of fans around the world.
Kid Cudi, Shia LaBeouf, Timothee Chalamet, Jaden Smith, Robert Alexander, Kanye West, Willow Smith, Lil Yachty
A married Hollywood agent receives a mysterious letter for an anonymous sexual encounter and becomes ensnared in a sinister world of lying, murder and infidelity in this scintillating satire.
Olivia Grace Applegate, Matt Miller, Jim Cummings, Natalie Metzger, Benjamin Wiessner, PJ McCabe, Virginia Newcomb, Kevin Changaris
An ex-con and reformed sociopath who breaks parole and has the FBI on his tail when he goes rogue to uncover the mystery behind his brother's death.
Scott Eastwood, Famke Janssen, Ryan Robbins, Chad Rook, David Hackl, Kevin Durand, Mel Gibson, Brock Morgan
An unlucky-in-love LA girl (Nina Dobrev) falls for a rugged East Coast guy (Darren Barnet) on a dating app and decides to surprise him for the holidays—only to discover that she’s been catfished by his childhood friend (Jimmy O. Yang).
Nina Dobrev, Hernán Jiménez, Harry Shum Jr., Jimmy O. Yang.
The tiny gnome-like Elfkins have lived in hiding for more than 200 years. After being dismissed by her fellow Elfkins one too many times, young Elfy decides it’s time to try and return to the human world. Joined by two reluctant Elkfin boys, Elfy meets Chef Theo, who is about to lose his bakery to his scheming brother. Remembering that once upon a time the Elkins used to help humans, Elfy and her friends decide to learn how to bake so they can save the pastry shop.
Ute von Münchow-Pohl, Marc Robitaille, Madi Monroe, Sonny Hurrell, Stuart Reimers
Christmas gifts come in all shapes and sizes. For James (Luke Treadaway), a struggling street musician, a very special one arrives in the form of Bob, a strong-willed stray cat who wanders into James’s tiny flat. Bob enriches James’s life, giving him companionship, purpose, and a large, new audience. When Animal Welfare officers threaten to take Bob, the local community rallies to help James and Bob — sparking a journey that takes the pair to places they never imagined in this heartwarming, spirit-lifting movie for the whole family.
Charles Martin Smith, Garry Jenkins, James Bowen, Luke Treadaway, Kristina Tonteri-Young
Based on true events, Tracey Deer's debut feature chronicles the 78-day standoff between two Mohawk communities and government forces in 1990 in Quebec.
Kiawentiio Tarbell, Tracey Deer, Rainbow Dickerson, Violah Beauvais, Paulina Alexis, Joel Montgrand, D'Pharaoh Woon-A-Tai

domain: entertainment


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I realize Kim Kardashian wasn’t at the GRAMMYs for an award or to show off her musical talents. But, did you hear what she said on the red carpet about what happened to her dress? Take a look at Kim in these 53rd annual Grammy pics from last night with the dress she spoke of.
Kim told E! prior to the show that she almost didn’t make the GRAMMYs’s this year. Her designer dress came in and when she took it to be tailored they tailored it TOO tight around her BEHIND area and she said in so many words..” I couldn’t get my butt into my dress, so I knew I had nothing else to wear, so I wasn’t coming.”
Luckily, she said that her designer made the appropriate arrangements for her and her dress and sent one that easily able to be tailored in such a short amount of time properly around Kim’s back end! HA!

domain: celebrity


November 14, 2008
Kodak Zi6 - Ow, My Freakin' Ears!Please note, this blog has been archived and now lives at www.discretecosine.com
Our Zi6 arrived yesterday. I've got a larger review, comparing it against the Flip Ultra, Sanyo HD1000, and others, on the way. But, while the video is quite nice, given enough light, I couldn't help but notice that the audio was making my ears bleed.
The cause? DC Offset on both the left and right channels. Easy enough to fix after the fact, but not acceptable. I've gotten some source files from a few other Zi6s and haven't seen similar issues, so I'm hoping I've just got a bad one. Which will lead to a fun conversation with some poor outsourced tech support rep on Monday.
I wanted to get a post up, in case anyone else is having similar issues. The issue manifests itself as an out-of-phase sound, like the audio isn't placed quite right in the stereo field. Or just open it in a waveform viewer and look for the offset.
Posted by at November 14, 2008 10:53 PM | News
Is there a way to import the clips from this camera into FCP w/o having to render and mixdown every clip?
Is it the audio/video settings I have it on?
Posted by: Rachel at November 17, 2008 3:47 PM
It should just be the audio that needs a render, right? I don't know of a way around that, as FCP doesn't support compressed audio, which all of these cameras use. It should be a really quick render though - about 30 seconds for an 8 minute clip on my desktop.
If it's rendering the video too, it could be an issue with your sequence settings - FCP6 should select the right settings automatically.
Posted by: Anonymous at November 17, 2008 4:04 PM


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July 10, 2017
In our continuing coverage of #BearWatch2017, we go to North Carolina, where news of a new skill acquired by the bears pretty much spells doom for humanity.
The Charlotte Observer reports that there have been two instances of bears getting into unlocked cars in the past three weeks. In the most recent incident, a bear trapped itself in a parked SUV and required a game warden to let it out after it tore up the interior of the vehicle.
About two weeks ago, a North Carolina family found a bear in its SUV after they heard it honking the horn. The interior of their car was also shredded, according to the Observer. And a month ago, a private security firm in the state explicitly warned: "Bears can open car doors, so LOCK YOUR CAR DOORS!"
Add this ability to their growing repertoire of human qualities, and it appears it's only a matter of time before the bears take over completely. Our long run as the most dominant species on the planet is likely over.
This has been the latest edition of #BearWatch2017.

domain: news


text:
Turkey Bowling Game
Gather your little gobblers & guests for a fun Thanksgiving game. Feast your eyes on these DIY bowling pins and let the good times roll!
1 Place plastic cup upside-down on flat surface.
2 Cover cup with brown paint. Dry 1¬–2 hours. Add a second coat. Dry 1¬–2 hours.
3 Draw and cut out triangle on orange construction paper to create turkey beak.
4 Glue beak to the front of cup.
5 Draw and cut out wavy shape on red construction paper to create turkey wattle. Glue below beak.
6 Glue wiggle eyes above beak to complete turkey’s face. Dry all glue steps for 2 hours.
7 Draw and cut out large rounded triangle on construction paper to create turkey feather.
8 Add details to feather using colored pencils.
9 Attach feather to back of cup using clear tape.
10 Repeat steps 1–9 for 5 additional cups to create bowling pins.
11 Get your turkeys into formation and bowl away!
CIY Staff Tips:
- We recommend a small faux or real pumpkin to act as your bowling ball. If you don’t have one available, a small, medium-weight ball will work just as well.
- Want more Turkey Day crafts? Find other Thanksgiving craft ideas, including Thanksgiving table decoration inspiration.
- Be prepared with other Thanksgiving activities for kids like our free Thanksgiving coloring pages!

domain: artistic


Dear reader, please upgrade to the latest version of IE to have a better reading experience
50 years ago today: Pakistan launches first TV channel... please give me the news i can use... 60 years of so Ayoub khan borrowed money from the bank and now his family is billionaire... now that is a news
Pro government TV seeds were sown with the inauguration of PTV and Field Marshal Ayub Khan use to deliver monthly speech via Radio pakistan and PTV and continued to rule Pakistan. He forgot to look into his East arm(East Pakistan) and finally when he left it was all over and Yahya had to just fix the last nail in the coffin. Why celebrate the golden jubilee of PTV which was made by Ayub, for Ayub.
I was outside the TV station that day and watched on mounted TV monitors as Ayub Khan inaugurated the station. It was a momentous event.
It is amazing to note that first "Dictator" Ayub Khan introduced television in Pakistan and last "Dictator" Pervez Musharraf introduced free electronic media (independent tv channels) in Pakistan
IN FIFTY YEARS PAKISTAN PROGRESS IN THE FIELD OF ELECTRONIC MEDIA WAS ASTRONOMICAL. WHY SAME RESULTS WERE NOT ACHIEVED IN OTHER SECTORS, LIKE INDUSTRILAZATION, EDUCATION, HEALTH AND ENERGY. ARE WE NOT WHO LOVE LEISURE MUCH SITTING BEFORE TV ON SOFA? WHEN THERE IS A WILL THERE IS A WAY.
PTV was Pakistan was just like Armstrong's landing on the moon. The people who were the pioneer's of PTV should be thanked on the 50th year of the PTV. Starting from Aslam Azhar, Muslehuddin, Zafar Samdani, Tariq Aziz, Agha Ghazanfar, Fazal Kamal, Zubair , Shoaib Hashmi, Zia Muhyuddin and so many others. They worked day & night to make it happen. Thank you. Congratulations PTV.
@khanm now that from you i would call height of pessimism.
Thank you Azhar Lodhi, thank you Saloni, thank you Zia Mohiuddin, thank you Bacchon ki duniya, thank you Khuda ki basti.
Ayub Khan put in a lot of roads, and lot of industries, Jute, Cotton, Cement, Steel. He did a lot for Pakistan(both East and West).
And thank you Yahya Khan, Zulfikar Ali Bhutto, and Sheikh Mujib for cutting the last remaining strings of attachments between East and West PakistanS.
Bangladesh couldn't have done it without you three!!
AND I Thank Allah for the introduction to the aforementioned few and all those who werent mentioned here for lack of memory or experience.
Two recurrent questions are:
Did Pakistanis do enough for Pakistan?
Did Bangladeshi do enough for Bangladesh?
Since inception and so far.
That relationship between East Pakistan and West Pakistan was untenable at best.
just in case there be wanderers wondering through the "Forests of Bull and Memory", trying to guess what Infinite Regress may look like from the data-boundaries of 60-50-43-20-15-10 years back or so.
Data "Out of Phase" is not data, it is at best the stuff CONSTRUCTS meant for knaves to twist the fools any which way.
Blood has to be paid for before data becomes reliable again.
Lets sweat:) Yes again!:)
Now, you have jailed the owner of a TV channel...
the rest of it is Anthropology, and it is private comprehension.
@Vish1 who was running his media house for personal gains and stepping over the countries image and dignity.
@khanm, It appears that you have got more news about Pakistanis. Since how long you have known these gentlemen?


text:
Bernard SEBAGO & others 1 v. BOSTON CAB DISPATCH, INC., & others 2 (and a consolidated case 3 ).
In this case, we must determine whether licensed taxicab drivers in the city of Boston (city) may be classified properly as independent contractors, see G.L. c. 149, § 148B (independent contractor statute), in accordance with Boston Police Department Rule 403, Hackney Carriage Rules and Flat Rate Handbook (2008) (Rule 403). Rule 403 is a comprehensive set of regulations for the Boston taxicab industry, promulgated by the city's police commissioner (commissioner) pursuant to an express delegation of authority by the Legislature. St.1930, c. 392, as amended by St.1931, c. 408, § 7, and St.1934, c. 280.
The plaintiffs in these consolidated cases, Bernard Sebago, Pierre Duchemin, Ahmed Farah, and Yves Bien–Aime, are licensed taxicab drivers in the city. They contend that they were employees of the defendants but were misclassified as independent contractors, thereby depriving them of minimum wages, overtime pay, tips, and the protections afforded by the Wage Act, G.L. c. 149, § 148. The defendants include taxicab owners, radio associations, and a taxicab garage. They argue that their relationships with the plaintiffs must be considered in the context of Rule 403, which explicitly permits drivers to operate as independent contractors. The plaintiffs reply that a municipal regulation cannot override the State's independent contractor statute.
We read Rule 403 and the independent contractor statute in harmony and conclude that the plaintiffs were not employees of the defendants. Rule 403 neither precludes taxicab owners from entering into employer-employee relationships with drivers nor recasts drivers as independent contractors where they would otherwise be considered employees. Rather, Rule 403 creates a regulatory regime over an industry in which taxicab owners, radio associations, and drivers may operate as separate businesses. Given the Legislature's broad grant of authority to the commissioner, we cannot say that Rule 403 is contrary to the policies undergirding the independent contractor statute.4
1. Background. In 1930, the Legislature granted the commissioner the exclusive authority to regulate the city's taxicab industry. St.1930, c. 392, § 1 (“police commissioner of the city of Boston shall have exclusive authority to make rules and orders for the regulation of hackney carriages and hackney stands”). In 2008, acting pursuant to that mandate, the commissioner promulgated Rule 403, creating a comprehensive system of rules and regulations governing the ownership, leasing, licensing, rate setting, and operation of taxicabs in the city. Rule 403, § 1(II). We summarize how the taxicab industry is designed to operate under Rule 403, reserving certain details for the issues raised on appeal.
Rule 403 defines what it means to be a Boston taxicab. In order to qualify, a vehicle must, among other things, be “outfitted with an approved Protective Partition dividing the driver's and passenger's seats”; be “outfitted with an approved taximeter”; be “enrolled in a Radio Association and painted with the approved Radio Association colors and markings”; “display the current fare rate cards on the inside of the vehicle, in clear view of the passengers”; display “lease/shift rate stickers ․ in clear view of the Driver”; “be equipped with an electronic credit card processing capability”; and “be equipped with two-way communication linked to an approved dispatch service or radio association.” Rule 403, §§ 3(III)(C), 7(I)(a).
In order for a qualifying taxicab to be put into service, the owner must obtain a license, called a “medallion,” for each such taxicab. Rule 403, § 3(III)(c)(ix). Rule 403 sets forth a myriad of requirements that must be met in order to qualify for a medallion, including being deemed “suitable” individuals by the city's inspector of carriages, obtaining adequate garage facilities within the city, and maintaining membership in an approved “dispatch service or radio association, which provides twenty-four (24) hour two-way communication solely, and exclusively, for Boston [taxicabs].” Rule 403, § 4(II)(a), (l), (q).
The radio associations, in turn, are required to provide certain enumerated dispatch services to their members and may accept payment for those services only from medallion owners. Rule 403 imposes strict operational standards on the radio associations, ranging from record-keeping and financial reporting requirements to city approval of the association's colors and designs that are painted on their members' taxicabs. A radio association's failure to comply with Rule 403 is cause for its immediate removal from the commissioner's list of approved dispatchers, in which case, medallion owners have thirty days to enroll in a different radio association. Rule 403, § 7.
Drivers are likewise subject to a distinct set of requirements under Rule 403, including training supervised by the city's inspector of carriages, obtaining taxicab driver licenses, and complying with numerous operational rules ranging from personal appearance to treatment of passengers. The procedures set forth in Rule 403 for picking up passengers at public taxi stands are highly specific, instructing drivers, inter alia, how to line up (“Take proper position in rear of the Hackney Carriage line”); what activities they may engage in while waiting in line (“Driver may perform small cleaning tasks while on a public stand”); and how they may solicit passengers (“from inside the vehicle by motion of the hand”). Rule 403, § 5(II)(u). The fares that they collect from passengers are determined by meter and flat rates set by the commissioner and specified in Rule 403. See Rule 403, § 10. In sum, businesses operating under the regime of Rule 403 may be described aptly as members of a highly regulated industry.
Rule 403 contemplates four business models under which a taxicab may be put into service: (1) the “owner-operator” model, whereby a medallion owner with a qualifying taxicab transports customers in exchange for fares and tips, Rule 403, § 3(I)(f); (2) the “leased” model, whereby a medallion owner leases a medallion to a taxicab owner, who then operates the medallioned taxicab, Rule 403, § 3(I)(g); (3) the “shifted” model, whereby a medallion owner leases both a medallion and a taxicab to a driver to operate for a “shift,” which is typically twelve hours in duration, Rule 403, § 4(I)(c); and (4) the “managed” model, whereby a medallion owner leases medallions to a “manager,” who then subleases medallions and taxicabs to drivers for shifts. Rule 403, § 4(I)(a), (b). Rule 403 neither expressly permits nor prohibits a model in which drivers operate as employees of medallion owners, radio associations, or taxicab garages.
The defendants in these cases include medallion owners, radio associations, and a taxicab garage. Edward Tutunjian, John Byda, and George Summers each own corporations that, in turn, own and lease varying quantities of taxicabs and medallions (collectively, medallion owners).5 Tutunjian also owns Boston Cab Dispatch, Inc. (Boston Cab), which is one of the seven radio associations authorized by Rule 403. Summers and Byda each are members of the unincorporated Independent Taxi Owners Association (Independent Taxi), another of the radio associations authorized by Rule 403. In addition, Summers owns USA Taxi Association, Inc. (USA Taxi), which operates a garage that services taxicabs and taxicab equipment.
The plaintiffs are licensed taxicab drivers who leased taxicabs and medallions from the medallion owners at flat rates, which are set by the commissioner and specified in Rule 403. See Rule 403, § 6; Rule 403, Appendix III. The taxicabs they leased received dispatch services from either Boston Cab or Independent Taxi, which the plaintiffs were entitled, but not required, to use in the course of transporting customers for fares and tips. Where, as here, drivers lease their taxicabs and medallions, Rule 403 requires the parties to use the City of Boston Hackney Carriage Shift Lease Agreement 2010 Version (2009), which sets forth the rights and obligations of the lessor and lessee, the duration of the lease, and the applicable flat lease rate. See Rule 403, § 6. The agreement also includes an optional “Independent Contractor” clause, which states, inter alia, that the lessee is free from the control of the lessor and is not required to remit to the lessor any funds received in connection with the taxicab's operation.6 The lease agreements between the plaintiffs and defendant medallion owners include this clause.
In 2012, the plaintiffs filed their complaints in the Superior Court, alleging that the defendants improperly classified them as independent contractors and, concomitantly, violated G.L. c. 149, § 148 (Wage Act); G.L. c. 151, §§ 1, 7 (minimum wage law); G.L. c. 151, § 1A (overtime law); and G.L. c. 149, § 152A (tips law).7 After the two actions were consolidated, the plaintiffs and some of the defendants filed cross motions for summary judgment, the focus of which were on count one of each of the complaints, misclassification as independent contractors. A Superior Court judge concluded that the plaintiffs provided a “service” to the defendants within the meaning of the independent contractor statute, but denied summary judgment after determining that genuine issues of material fact existed as to whether the provision of taxi services was within the usual course of the defendants' businesses. The judge reported her decision to the Appeals Court, and we granted the parties' joint application for direct appellate review.
2. Discussion. a. Application of the independent contractor statute to the Boston taxicab industry. The independent contractor statute “establishes a standard to determine whether an individual performing services for another shall be deemed an employee or an independent contractor for purposes of our wage statutes.” Somers v. Converged Access, Inc., 454 Mass. 582, 589 (2009). Under this standard, “ ‘an individual performing any service’ is presumed to be an employee.” Depianti v. Jan–Pro Franchising Int'l, Inc., 465 Mass. 607, 621 (2013), quoting G.L. c. 149, § 148B (a ). The purported employer may rebut the presumption of employment by establishing the following three indicia of an independent contractor relationship:
“(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and
“(2) the service is performed outside the usual course of the business of the employer; and
“(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.”
G.L. c. 149, § 148B. The failure to satisfy any prong will result in the individual's classification as an employee. “Individuals who provide services to an employer as an employee (rather than as an independent contractor) fall within the protection of the wage act and G.L. c. 151, § 1A (overtime).” Somers, supra at 589.
The defendants argue that the independent contractor statute does not apply to the taxicab industry, because the industry is separately regulated by the city as a public utility. We disagree. The enabling legislation for Rule 403 is not so broad as to give the commissioner the authority to override the independent contractor statute. See St.1930, c. 392. See also Boston Gas Co. v. Somerville, 420 Mass. 702, 703 (1995) (“Municipalities may not adopt by-laws or ordinances that are inconsistent with State laws”). Further, we have held that the independent contractor statute must be applied in a manner that is consistent with its underlying purpose, which is “to protect workers by classifying them as employees, and thereby grant them the benefits and rights of employment, where the circumstances indicate that they are, in fact, employees.” Depianti, 465 Mass. at 620, quoting Taylor v. Eastern Connection Operating, Inc., 465 Mass. 191, 198 (2013).
It is instructive that the workers' compensation law expressly excludes taxicab drivers operating on flat-rate leases from the definition of “employee,” whereas the independent contractor statute is silent on the subject. See G.L. c. 152, § 1(4). From this silence, we infer that the Legislature intended the criteria for identifying independent contractors to be applied in the context of the taxicab industry. See Depianti, 465 Mass. at 620, quoting Batchelder v. Allied Stores Corp., 393 Mass. 819, 822 (1985) ( “remedial statutes such as the independent contractor statute are ‘entitled to liberal construction’ ”). See also Roberts v. Enterprise Rent–A–Car Co. of Boston, Inc., 438 Mass. 187, 192–193 (2002) (“Had the Legislature intended to require that the notice appear in a particular location, it could have done so easily, as it has elsewhere in the General Laws․ The Legislature's silence on the subject cannot be ignored”).
Nonetheless, the plaintiffs err in characterizing the defendants as a singular employer exercising monolithic control over the taxicab industry. Disregard of the corporate form requires an analysis of the following factors:
“(1) common ownership; (2) pervasive control; (3) confused intermingling of business assets; (4) thin capitalization; (5) nonobservance of corporate formalities; (6) absence of corporate records; (7) no payment of dividends; (8) insolvency at the time of the litigated transaction; (9) siphoning away of corporation's funds by dominant shareholder; (10) nonfunctioning of officers and directors; (11) use of the corporation for transactions of the dominant shareholders; and (12) use of the corporation in promoting fraud.”
Attorney Gen. v. M.C.K., Inc., 432 Mass. 546, 555 n. 19 (2000). Although there is common ownership among some of the defendants, “[t]he mere fact of common management and shareholders among related corporate entities has repeatedly been held not to establish, as a matter of law, a partnership, agency or ‘joint venture’ relationship that renders the corporations a ‘single employer.’ “ Gurry v. Cumberland Farms, Inc., 406 Mass. 615, 624 (1990).
The Depianti case is not to the contrary. In Depianti, we held that an employer could not perform an “end run” around the Wage Act “by virtue of an arrangement permitting it to distance itself from its employees.” Depianti, 465 Mass. at 621, 624. Yet, the reported question in that case was premised on the assumption that the workers were employees, prompting us to caution that “the statute has no application where the parties have neither an independent contractor nor an employment relationship.” Id. at 624 n. 17. Depianti does not stand for the proposition that any connection between entities is sufficient to render them joint employers. Rather, Depianti holds that if, for example, the plaintiffs in the present cases were found to be employees of EJT Management, Inc. (the entity with which they contracted), the lack of a contract between the plaintiffs and Tutunjian would not shield Tutunjian from potential misclassification liability. Id. at 624–625 & n. 17.
Where, as here, the plaintiffs' allegations are limited to common ownership and control, there is no cause to analyze the defendants as a single employer. See Middlesex Retirement Sys., LLC v. Assessors of Billerica, 453 Mass. 495, 503 (2009); Gurry, 406 Mass. at 624. The correct approach in these cases is to consider each defendant's relationship with the plaintiffs separately, although, for ease of analysis, we group the defendants as owners and lessors of taxicabs and medallions (collectively, “medallion owners”); radio associations; and a taxicab garage.8 We now turn to whether the plaintiffs provided services to the defendants in any of these groups and, if so, whether the recipients of those services misclassified the plaintiffs as independent contractors.
b. Provision of services. The threshold question is whether the plaintiffs provided services to the defendants. The motion judge concluded that the drivers provided a service because, without the drivers' work, the owners' medallions and taxicabs would be worthless. The judge's reasoning, adopted by the plaintiffs on appeal, proves too much. “[O]ur respect for the Legislature's considered judgment dictates that we interpret the statute to be sensible, rejecting unreasonable interpretations unless the clear meaning of the language requires such an interpretation.” DiFiore v. American Airlines, Inc., 454 Mass. 486, 490–491 (2009). Certainly, the parties' characterization of their relationship as lessor-lessee, rather than employer-employee, is not controlling. See Commonwealth v. Weinfield's, Inc., 305 Mass. 108, 111 (1940) (“A consideration of the lease and the agreed facts leads to the conclusion that the relationship ․ was that of employer and employee”). However, companies spanning a vast array of industries commonly elect to lease, rather than purchase, equipment that is necessary to their business operations. Absent some controlling principles, all lessees would be deemed presumptive employees of their lessors.
In search of a controlling principle, the plaintiffs cite several cases involving adult entertainment entities that purport to lease performance space to dancers.9 Those cases are not applicable here. This is not a case of defendants concocting an artificial leasing scheme to circumvent the wage laws. Contrast Weinfield's, Inc., 305 Mass. at 111 (“unusual method adopted in the lease is significant”). This is also not a case of owners creating a false dichotomy between the administrative and operational aspects of their business. Contrast Massachusetts Delivery Ass'n v. Coakley, 769 F.3d 11, 14, 21 n. 4 (1st Cir.2014) (“[C]ouriers deliver packages for delivery companies. There can be no dispute that they act in the course of business for the delivery companies, even if one performs the deliveries and the other arranges the deliveries”). It is significant that the commissioner, rather than the defendants, created the leasing system at issue and, further, that the system was created in the context of a legislative mandate to regulate the taxicab industry. See Arbella Mut. Ins. Co. v. Commissioner of Ins., 456 Mass. 66, 77 (2010) (“we will not declare the regulations void unless no reasonable construction of them is in harmony with the legislative mandate”). We cannot say that the creation of a tightly controlled taxicab leasing system was an unreasonable method of regulating the taxicab industry. Cf. Hingham Healthcare Ltd. Partnership v. Division of Health Care Fin. & Policy, 439 Mass. 643, 651 n. 9 (2003) (“defendant was following a legislative mandate to control reimbursement in an important, and highly regulated, industry. Nothing the defendant has done is in violation of the statutorily conferred power of G.L. c. 118G, and thus the 1998 and 2000 amendments may be deemed reasonable and necessary actions by the defendant”). Mere participation in that system is insufficient to render medallion owners the presumptive employers of the drivers who lease their taxicabs. See Parks Cab Co. v. Annunzio, 412 Ill. 549, 553 (1952) (defendant's business was “leasing of taxicab licenses, and in that business the drivers render no services for it”).
It may be argued that there is a genuine issue of material fact as to whether the plaintiffs provided services to the medallion owners beyond the mere operation of their lessor-lessee relationship. The summary judgment record is opaque, for example, regarding the extent to which medallion owners sold advertising space on their taxicabs and, further, the extent to which the plaintiffs drove taxicabs depicting those advertisements. Although the plaintiffs were free to use leased taxicabs for purposes entirely unrelated to the transportation of passengers, their use of the taxicabs arguably could constitute a service to the owners insofar as it increased the value and facilitated the sale of advertising space. However, as we explain below, even if the plaintiffs did, in fact, provide the medallion owners with some form of service in this respect, the owners satisfy all three prongs of the independent contractor test.
With respect to the radio associations, it is noteworthy that they maintain voucher accounts with corporate clients. Vouchers from such clients are submitted to the taxicab drivers as payment for fares and tips. The voucher may then be redeemed through the radio association, which advances an amount equal to the fare and tip, minus a “processing” fee, which Rule 403 caps at eight per cent of the fare. Rule 403, § 7(I)(l). The revenue flowing to the radio association through the voucher program is directly dependent on the drivers' work of transporting passengers. Although the plaintiffs were not required to perform services for the radio associations, that is precisely what they did. Consequently, the independent contractor test must be applied to determine whether the plaintiffs are employees of the radio associations.
In contrast, the plaintiffs clearly do not provide services to taxicab garages. USA Taxi owns neither a taxicab nor a medallion. It does not lease taxicabs, maintain corporate voucher accounts, or belong to a radio dispatch association. Rather, it operates a garage that caters to the taxicab industry as a whole. USA Taxi's revenues derive largely from setting up and servicing taxicabs belonging not only to Summers, but other medallion owners as well. USA Taxi generates additional revenue from credit card companies for repairs made to credit card machines installed in taxicabs. The fact that Summers owns USA Taxi is not, in itself, of legal significance. See Middlesex Retirement Sys., LLC, 453 Mass. at 503. Irrespective of the services that USA Taxi allegedly provided to Summers, the record is clear that the plaintiffs did not provide services to USA Taxi. Summary judgment on count one should have been rendered against the plaintiffs with respect to USA Taxi. Mass. R. Civ. P. 56(c), as amended, 436 Mass. 1404 (2002).
Still to be addressed, however, is the application of the independent contractor test to the medallion owners and radio associations. We address each prong in turn.
c. Freedom from control and direction. The first prong asks whether the drivers were “free from control and direction in connection with the performance of the service,” i.e., the transportation of passengers in exchange for fares and tips. G.L. c. 149, § 148B (a ) (1). The Attorney General has advised that this inquiry turns on whether the “worker's activities and duties [were] actually ․ carried out with minimal instruction. For example, an independent contractor completes the job using his or her own approach with little direction and dictates the hours that he or she will work on the job.” Advisory 2008/1, Attorney General's fair labor and business division. “Insofar as the Attorney General's office is the department charged with enforcing the wage and hour laws, its interpretation of the protections provided thereunder is entitled to substantial deference, at least where it is not inconsistent with the plain language of the statutory provisions.” Smith v. Winter Place LLC, 447 Mass. 363, 367–368 (2006).
Drivers receive minimal direction from medallion owners or radio associations. The drivers choose the shifts they work and are free to transport as many or as few passengers as they wish during those shifts. Although Rule 403 allows a radio association to discontinue its services to a driver if the driver accepts dispatches and fails to complete them, the driver remains free to operate his or her business of picking up passengers in exchange for fares and tips. The driver is also free to lease from a different medallion owner, who, in turn, may provide the driver with access to a different radio association. Drivers may decline to accept dispatches altogether and, indeed, one of the plaintiffs in this case testified that he has never logged in to receive dispatches from a radio association. Another plaintiff testified that he used leased taxicabs to attend classes and drive to volunteer jobs. See Commissioner of the Div. of Unemployment Assistance v. Town Taxi of Cape Cod, Inc., 68 Mass.App.Ct. 426, 430 (2007) (taxicab drivers free from control and direction where they had freedom of choosing which shifts to work, were not obligated to respond to dispatches, and were free to engage in other employment and perform personal business using taxicabs).
The driver's appearance, cellular telephone usage, ability to smoke, procedures for obtaining or refusing passengers, standards for the treatment of passengers, meter rates, and geographical areas of operation are all governed by Rule 403. Rule 403, §§ 5, 10. When a passenger leaves property behind in the taxicab, the driver is required to deliver it, not to the medallion owner or radio association, but to Boston police headquarters or the hackney carriage unit. Rule 403, § 5(II)(2). Further, the leases they signed, while not dispositive, are additional evidence that the plaintiffs were generally free from the control and direction of the medallion owners and radio associations. See City of Boston Hackney Carriage Shift Lease Agreement 2010 Version, supra. The defendants have carried their burden under the first prong.
d. Performance outside the usual course of the employer's business. The second prong represents the core of the parties' dispute. This prong is satisfied if the drivers' services are “outside the usual course of the business of the employer.” G.L. c. 149, § 148B (a ) (2). We have recognized that a purported employer's own definition of its business is indicative of the usual course of that business. See Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 179 (2003). Another factor is “whether the service the individual is performing is necessary to the business of the employing unit or merely incidental.” Advisory 2008/1, supra. The Attorney General has suggested that interpretations of the Illinois independent contractor statute are instructive of the distinction between necessary and incidental services. Id. We agree.10
In Parks Cab Co., 412 Ill. at 549, taxicab drivers paid flat fees to lease taxicab medallions. The court observed that the lessor was “not concerned with the operation of the cabs or the results of their operation․ Its business is the leasing of taxicab [medallions], and in that business the drivers render no services for it.” Id. at 553. In contrast, the drivers in O'Hare–Midway Limousine Serv., Inc. v. Baker, 232 Ill.App.3d 108, 111 (1992), leased limousines and transported customers for fares, but were required to remit a percentage of those fares to the lessors. The court recognized:
“[The] Parks cab drivers are readily distinguishable from the chauffeurs in the case at bar. While the cab drivers were free to pick up passengers wherever they chose, [the chauffeurs] picked up customers who had ‘booked’ limousine services with [the employer]. While the cab drivers paid a set weekly rate for their leases, [the chauffeurs] paid a percentage of their commissions to [the employer], thus establishing a financial interdependence, or a direct financial stake with the limousine company.”
Id. In Carpetland U.S.A., Inc. v. Illinois Dep't of Employment Sec., 201 Ill.2d 351, 386 (2002), the Supreme Court of Illinois cited O'Hare–Midway, supra at 113, as an exemplar of the distinction between incidental and necessary services.
The present case hews much closer to Parks Cab than to O' Hare–Midway, for the medallion owners' leasing business is not directly dependent on the success of the drivers' endeavors. The medallion owners are not concerned with the results of the plaintiffs' operations, as drivers are not required to remit a percentage of their revenues, which include both fares and tips.11 Cf. Whitehouse v. Cities Serv. Oil Co., 315 Mass. 108, 111–112 (1943) (“[The distributor] conducted its own business, selling to its own customers and receiving as its only compensation whatever profits accrued from the business. [The distributor] was paid nothing by the oil company. No part of the regular business of the oil company was entrusted to [the distributor]․ [T]he only relationship that it created was that of buyer and seller”). Although the plaintiffs may incidentally contribute to the owners' advertising revenues, the second prong “should not be construed to include all aspects of a business such that [the first and third] prongs ․ become unnecessary.” Advisory 2008/1, supra.
Further, the fact that the radio associations advertise taxicab services has nothing to do with the leasing transactions between the drivers and medallion owners. The plaintiffs' argument requires us to accept the premise that the owners and radio associations are one and the same. As indicated above, we reject that premise. Rule 403 creates separately defined businesses within the taxicab industry. Absent evidence that a medallion owner and radio association are alter egos, there is no cause to ignore the distinction drawn by the regulation. See Middlesex Retirement Sys., LLC, 453 Mass. at 503. See also Hingham Healthcare Ltd. Partnership, 439 Mass. at 651 n. 9. Consequently, if the medallion owners are to be deemed in the business of transporting customers for fares, the evidence supporting that conclusion would need to derive from their own representations and conduct.
The summary judgment record does not reflect that any of the medallion owners—separate and apart from their involvement in the radio associations—held themselves out as providing transportation services to passengers. Tutunjian describes his companies as leasing taxicabs, managing the leasing of taxicabs, providing taxicab dispatch services, and providing limousine services. Byda describes his companies as “taxicab” businesses. With respect to Summers, the only evidence relates to USA Taxi, which neither owns nor leases taxicabs or medallions. USA Taxi describes its business as “taxi service,” which is precisely what the company does: it services taxicabs. The plaintiffs did not provide services in the ordinary course of the medallion owners' business, i.e., the leasing of taxicabs and medallions.
It is true that the radio associations advertise themselves as providing taxicab services and that they arrange for the transportation of passengers. Yet, these facts, helpful as they are to the plaintiffs' cause, see Athol Daily News, 439 Mass. at 179, do not override the realities of the radio associations' actual business operations or the regulatory framework in which those operations occur. In contrast to the Athol Daily News case, the radio associations' business is not directly dependent on the drivers' services. Rather, Rule 403 requires medallion owners to purchase dispatch services regardless of how often those services are used in the transportation of passengers. Rule 403, § 4(II)(q). In other words, the radio associations' raison d'etre, per Rule 403, is to provide dispatch services to medallion owners—a service that is funded by medallion owners and only incidentally dependent on drivers.
The voucher program is likewise incidental to the ordinary course of the radio associations' business. The voucher program makes the dispatch services more attractive to their customers (medallion owners) because it creates a base of customers (passengers) for the medallion owners' customers (drivers). See Rev. Rul. 71–572, 1971–2 C.B. 347 (“use of two-way radio communication, dispatchers, and advertising media ․ will enhance the lessee's profits by making more ‘trips' available to him at the same time that it increases the lessor's ability to rent his taxicabs to the maximum extent, thereby increasing his profits”). The benefit inuring to the drivers, for which Rule 403 permits a measure of compensation capped at eight per cent of the fare, is incidental to the ordinary course of the radio associations' business of selling dispatch services to medallion owners. Cf. Cannon v. Crowley, 318 Mass. 373, 376 (1945) (“One may also be engaged in a business that cannot be conducted unless he ․ can ship the finished product to the various markets. It is hard to imagine a business that is not dependent in some way upon transportation. In such instances, while transportation is a necessity, it does not thereby become a part of or a process in the business but it continues as ancillary and incidental thereto”). Accordingly, we conclude that the transportation of passengers for fares is not in the ordinary course of either the medallion owners' or radio associations' businesses. The defendants have satisfied the second prong of the independent contractor test.
e. Engagement in an independently established business. The third prong requires that the drivers be “customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.” G.L. c. 149, § 148B (a ) (3). The critical inquiry under this prong is whether “the worker is capable of performing the service to anyone wishing to avail themselves of the services or, conversely, whether the nature of the business compels the worker to depend on a single employer for the continuation of the services.” Athol Daily News, 439 Mass. at 181.
As the defendants point out, Rule 403 creates a framework such that leasing taxicabs, dispatching taxicabs, and transporting passengers for fares each may function as a separate and distinct business. Drivers may lease taxicabs and medallions from whomever they wish. Each day of the week, they may lease from a different owner, each using a different radio association. Drivers earn as much as they are able and need not accept a single dispatch. See Town Taxi of Cape Cod, Inc., 68 Mass.App.Ct. at 432 (taxicab drivers' ability to generate own businesses while using leased taxicab was evidence of “ ‘entrepreneurial’ spirit, exhibited by a typical independent contractor”). They are also free to advertise their services through personalized business cards. See Athol Daily News, 439 Mass. at 182 (“The fact of the matter is that the carriers are free to advertise their delivery services․ The breadth of each carrier's delivery service is a function, not only of the original subscriber list given to the carrier by the [company], but of the individual initiative of the carrier․ This in itself is compelling evidence that a carrier is an entrepreneur ․”). The defendants have carried their burden under the third prong.
f. Coexistence of Rule 403 and the independent contractor statute. It is plain that our conclusion today rests in significant part on the regulatory framework created by Rule 403. It is, of course, true that Rule 403 cannot trump the independent contractor statute. See Boston Gas Co., 420 Mass. at 703. Yet, Rule 403 does nothing to bar medallion owners from entering into employer-employee relationships with drivers, nor does it characterize workers as independent contractors where they would otherwise fit the definition of employees. Rather, it creates a system whereby taxicab drivers may operate as employees or as entrepreneurs with their own separately defined and separately regulated businesses.
In deciding whether this system conflicts with the independent contractor statute, we are guided by the Legislature's intent. We have recognized that “[m]isclassification not only hurts the individual employee; it also imposes significant financial burdens on the Federal government and the Commonwealth in lost tax and insurance revenues,” and “gives an employer who misclassifies employees as independent contractors an unfair competitive advantage over employers who correctly classify their employees and bear the concomitant financial burden.” Somers, 454 Mass. at 593. Many of these concerns, however, are simply not applicable to taxicab drivers operating under flat-rate leases because such drivers are not included in the definition “employees” for purposes of workers compensation premiums, unemployment insurance contributions, and income tax withholding. See G.L. c. 152, § 1(4);12 Town Taxi of Cape Cod, Inc., 68 Mass.App.Ct. at 432;13 Rev. Rul. 71–572, 1971–2 C.B. 347; 830 Code Mass. Regs. § 62B.2.1(3)(b) (2005) .14
We also observe that if drivers operating in the shifted model were employees, then the shift fees (or lease payments) on which that model rests would clearly violate public policy as payments required for the right to work. See Awuah v. Coverall N. Am., Inc ., 460 Mass. 484, 498 (2011). Such a result would be patently inconsistent with the Legislature's indorsement of the lease model, which is implicit in the exemption of taxicab lessees from the definition of employee in the workers' compensation law. G.L. c. 152, § 1(4). “[W]here two or more statutes relate to the same subject matter, they should be construed together so as to constitute a harmonious whole consistent with the legislative purpose.” Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513–514 (1975).
Relying on subsection (b ) of G.L. c. 149, § 148B, the independent contractor statute, the plaintiffs argue that the workers' compensation and other exemptions are not relevant to whether taxicab drivers are employees for purposes of the Wage Act. Subsection (b ) provides that “[t]he failure to withhold federal or state income taxes or to pay unemployment compensation contributions or workers' compensation premiums with respect to an individual's wages shall not be considered in making a determination under this section.” The plaintiffs interpret this language to mean that the Legislature intended the scope of employment to be wider with respect to the Wage Act. We do not read subsection (b ) so broadly.
“A fundamental tenet of statutory interpretation is that statutory language should be given effect consistent with its plain meaning and in light of the aim of the Legislature unless to do so would achieve an illogical result.” Sullivan v. Brookline, 435 Mass. 353, 360 (2001). The word “failure” means the “neglect of an assigned, expected, or appropriate action.” Webster's Third New International Dictionary 815 (1993). In other words, it implies the existence of an affirmative duty or obligation. Yet, with respect to taxicab drivers operating on flat rate leases, the laws exempt medallion owners from making unemployment insurance contributions, paying workers' compensation premiums, and withholding Federal and State income taxes. See notes 12, 13, and 14, supra. Where there is no such duty there is no failure.
The more harmonious reading of the statutory framework is that the Legislature intended to preserve the ability of taxicab drivers to operate as either employees or independent contractors. If, for example, a driver did not qualify for the exemption from the workers' compensation law, the “employer's belief that a worker should be an independent contractor has no relevance in determining whether there has been violation of the Law,” vis-à-vis the failure to pay workers' compensation premiums. Advisory 2008/1, supra. Rule 403 does no violence to the Legislature's intent.
The plaintiffs speculate that our decision today will provide incentives for businesses in other industries to deconstruct their operations into component parts to avoid the strictures of the Wage Act. This concern is not warranted. Our cases are clear that employers may not circumvent the Wage Act or other laws affecting employee compensation by creating illusory distinctions in the services they provide. See Depianti, 465 Mass. at 623–624; Awuah, 460 Mass. at 498; DiFiore, 454 Mass. at 496. Importantly, however, those are not the facts of this case.
The medallion owners and radio associations merely complied with a regulatory framework that separately defines different services as different businesses. In other words, the distinctions in services within the taxicab industry as a whole are not illusory, but quite real. Contrast Massachusetts Delivery Ass'n, 769 F.3d at 14, 21 n. 4. None of the defendants was required to engage in the distinct business of transporting customers for fares and, indeed, they chose not to do so. We conclude that there is no conflict between Rule 403 and the independent contractor statute either facially or as applied in this case. See Arbella Mut. Ins. Co., 456 Mass. at 77. See also Town Taxi Inc. v. Police Comm'r of Boston, 377 Mass. 576, 585 (1979) (“question whether the taxi industry monopoly created by the applicable statutes is wise as a matter of economic and social policy is, of course, not subject to judicial review”). Because the owners and radio associations have, in complying with Rule 403, satisfied each prong of the independent contractor test, summary judgment should have been granted in favor of Tutunjian, Summers, Byda, EJT, Boston Cab, and Independent Taxi on count one of each of the complaints.
3. Conclusion. We vacate the order denying summary judgment to the defendants and remand the case to the Superior Court for entry of judgment in favor of the defendants on count one of each of the complaints, and for further proceedings consistent with this opinion.
4. We acknowledge the amicus briefs submitted by the city of Boston (city), the International Franchise Association, the Massachusetts AFL–CIO, and Stevan Johnson.
5. Edward Tutunjian owns corporations that, in turn, own 372 taxicabs and medallions. Another of Tutunjian's companies, EJT Management, Inc. (EJT), manages the leasing of Tutunjian's taxicabs and medallions. Byda owns corporations that, in turn, own and lease nine taxicabs and medallions. Summers owns corporations that, in turn, own and lease seventeen taxicabs and medallions.
6. The clause states in full:“The Lessee specifically acknowledges that he is an independent contractor and the Lessor and Lessee are separate entities. This Agreement shall not be construed to form a partnership, limited partnership, general partnership, joint venture, principal agent or employee/employer relationship of any kind whatsoever. Neither the Lessor nor the Lessee shall have any power to obligate or bind the other. Lessee shall at all times be free from control or direction of the Lessor in the manner of operation of the Hackney Carriage. The Lessee shall not be required to accept any radio dispatch call other than those which it may be his volition to accept; and further, Lessee shall not be restricted in any manner as to the area in which he may operate said Hackney Carriage, nor shall he be required to remain in any specific place, as long as he adheres to the laws and ordinances of the municipality in which said vehicle may be operated and the rules and regulations governing Hackney Carriages. Lessee shall not be required to account to the Lessor in any manner for the fares or other amounts received by the Lessee in connection with the operation of said Hackney Carriage, except will turn over to the Lessor at the end of the rental period any records required to be kept by any laws, ordinances or regulations pertaining to the operation of the Hackney Carriage.“The Lessor and Lessee specifically acknowledge that the inclusion of this optional clause in the Agreement does not indicate or imply any endorsement, approval or judgment as to the legal standing of the clause by the City of Boston, the Police Commissioner or the Hackney Unit.”City of Boston Hackney Carriage Shift Lease Agreement 2010 Version (2009).
7. The city was also named as a defendant in one case, but was subsequently dismissed.
8. It is important to keep in mind that if liability were to attach to one of the corporate defendants, the “president and treasurer of [the] corporation and any officer or agent having the management of the corporation or entity shall be liable for violations of [§ 148B].” G.L. c. 149, § 148B (d ). However, this is distinct from the analysis whether a medallion owning entity and a radio association are alter egos of each other.
9. See, e.g., Monteiro vs. PJD Entertainment of Worcester, Inc., Super. Ct., No. 10–1930 (Worcester County Nov. 23, 2011); Jenks vs. D. & B. Corp., Super. Ct., No. 09–1978 (Essex County Aug. 24, 2011); Chaves vs. King Arthur's Lounge, Super. Ct., No. 07–2505 (Suffolk County July 30, 2009).
10. But see Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 179 n. 11 (2003) (“To the extent that language employed by the Illinois court suggests that a newspaper delivery route is a newspaper company's place of business for purposes of G.L. c. 151A, we respectfully disagree”).
11. Rule 403 permits medallion owners to recover from drivers the credit card transaction fee charged to them by credit card companies. As Rule 403 requires drivers to accept credit card payments, the processing fee is simply a cost of doing business. The fact that the fee is channeled through the medallion owners does not render the leasing business dependent on the success of the drivers' transportation business. It also bears noting that if “the owner chooses a source for the [credit card processing] equipment that charges more than [six per cent], said Medallion Owner (or Lessee in a Medallion-only lease) shall be responsible for any credit card processing fee charged that is greater than [six per cent] of the fare.” Rule 403, § 4(II)(g).
12. Under the workers' compensation law, the term “employee” means:“every person in the service of another under any contract of hire, express or implied, oral or written, excepting ․ a person who operates a taxicab vehicle which is leased by such person from a taxicab company pursuant to an independent contract which specifically provides for a rental fee or other payment to the owner of such taxicab vehicle which is in no way related to the taxicab fares collected by such person; and provided, further, that such person is not treated as an employee for Federal tax purposes.”G.L. c. 152, § 1(4).
13. General Laws c. 151A, § 2, prescribes a three-part test for determining whether an individual is an “employee” for unemployment insurance purposes. The first and third parts of that test are identical to the test prescribed by the independent contractor statute, G.L. c. 149, § 148B. However, the second part diverges by allowing an entity to establish either that the service was performed “outside the usual course of [its] business” or “outside of all the places of business of the enterprise for which the service is performed.” G.L. c. 151A, § 2 (b ). In Commissioner of the Div. of Unemployment Assistance v. Town Taxi of Cape Cod, Inc., 68 Mass.App.Ct. 426 (2007), the Appeals Court held that taxicab owners were not required to pay unemployment insurance premiums for drivers, where, inter alia, (1) “the drivers ․ were not obligated to respond to calls from [the owner] regarding a prospective customer”; (2) “the drivers did not transport customers on [the owner's] premises”; and (3) “[the owner] permitted them to engage in other employment or generate their own businesses while using the leased taxi.” Id. at 430–432. See Athol Daily News, 439 Mass. at 179 n. 11 (“assertion that the [newspaper's] ‘places of business,’ for purposes of the second part of the [c. 151A] test, includes the geographic area tracked by all of the [newspaper's] delivery routes, is illogical”).
14. In Rev. Rul. 71–572, the Internal Revenue Service (IRS) examined “whether taxicab owners or operators, carrying on their transportation services pursuant to ‘lease’ agreements with a taxicab company ․ [were] employees of the taxicab company for purposes of the Federal Insurance Contributions Act, the Federal Unemployment Tax Act, and the Collection of Income Tax.” The IRS observed that a taxicab company did not exercise or have the right to exercise direction and control over the taxicab drivers in the performance of their services. It had “no right to obtain, for its own benefit, an accounting with respect to the fares collected for operation of the taxicabs.” Rather, it had “only the right to receive the specified regular payment.” Accordingly, the IRS held that lessee taxicab drivers are not employees of the company for Federal employment tax purposes. Rev. Rul. 71–572, 1971–2 C.B. 347. “Taxpayers generally may rely upon Revenue Rulings published in the Bulletin in determining the tax treatment of their own transactions and need not request specific rulings applying the principles of a published Revenue Ruling to the facts of their particular cases.” 26 C.F.R. § 601.601(d)(2)(v)(e) (2014). Massachusetts applies the Federal standard for the applicability employment tax withholding. 830 Code Mass. Regs. 62B.2.1(3)(b) (2005).

domain: law


text:
Traditional international festival "Schumi, Maslenitsa" will be held on March 12-13 at the Elagin Island.
The Maslenitsa festival is celebrated annually on a large scale on Elagin Island. Festive celebrations are such a fairy performance that visitors coming here feel like they have travelled to the days of old Russia! In addition to traditional dances, performances, fairs, tea and pancakes, all the visitors can enjoy the fascinating performances of special guests that will not leave anyone indifferent!
In particular, equestrian pageant «Cossack trick riding» will definitely win the hearts of all who come to the festival. Horses, Cossacks (young and old) and breathtaking stunts will leave all the spectators speechless, full of wonder and delight! Besides, to dive better into the world of the old Russian culture there will be a costume contest, which will upraise everyone’s mood and give a lot of bright and beautiful memories.
The most important part is that the traditional Russian celebration of winter send-off and the coming of spring reminds everyone of the long and interesting history of Russia, the good old traditions, friendship and solidarity of the peerless Russian people.


text:
Celebrate the special days of the year with our Stained Glass Special Days block designs! Use this collection to create or add to projects and embrace the spirit of the special occasion.
- St Patrick's Day Shamrock block
- Easter Egg block
- Anzac Day block
- Mother's Day block
- World Sewing Machine Day Block
- Book Week block
Available in three sizes (approx):
- 94mm x 96mm
- 125mm x 128mm
- 170mm x 175mm
Formats include: pes, dst, emd, exp, hus, jef, emb, vip, vp3, xxx
Please note: These designs are available as DOWNLOAD ONLY – they are not supplied on a CD. The download file contains all formats listed plus a PDF file of suggested colours.
These designs were digitized using Hatch Embroidery Software.


Sightmark Latitude 6.25-25x56 F-Class
Regular price R 21,000.00
Sale price R 21,000.00
When looking for a dependable, five-star riflescope, look no further than the Latitude 6.25-25x56. Designed in Texas for F-Class competitions, this second focal plane scope features oversized adjus...
Sightmark Latitude FFP 6.25-25x56 PRS
Regular price R 25,000.00
Sale price R 25,000.00
Designed for long-range competition shooting and Precision Rifle Series matches, the Sightmark Latitude 6.25-25x56 PRS Riflescope takes skilled shooters the full distance with extreme accuracy. We ...
Sightmark Latitude 8-32X60 F-Class
Regular price R 23,900.00
Sale price R 23,900.00
Built for long range shooting, the Sightmark Latitude 8-32x60 F-Class Riflescope offers precision tracking and exceptional clarity, even at maximum magnification, to help you bridge the gap from mi...
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Residents along A30 Stroud Lane have been evacuated due to a wildfire on Yateley Common near Blackwater.
There are a total of 15 fire engines. Hampshire and the Isle of Wight Fire and Rescue, Surrey and Royal Berkshire, as well as Yateley, Fleet, Hartley Witney and the Rushmoor wildfires unit, have all been dispatched to the scene. According to some drivers, the flames shot 30 feet into the air.
Residents on a street in Blackwater have been evacuated as firefighters battle a wildfire. Crews from Hampshire Fire and Rescue Service are on the scene of the fire off the A30.
It has been confirmed that all residents along Stroud Lane have been evacuated. People living nearby have been advised to close their windows and doors due to the presence of smoke in the area.
More to follow


text:
Serpentine or serpentinite is
a mineral producing dry, nutrient-poor soil deadly
to plants not specially adapted to its unusual
chemistry. In folklore, the name "serpentine"
is attributed to the soil's resemblance to a mottled
greenish-brown snake dwelling on similar soils.
The greenish soil color comes from fragments of
the underlying bedrock containing magnesium silicate.
Geology of Serpentines
Serpentines are igneous rocks,
containing ferromagnesium minerals mixed with
silica, but iron and magnesium are unusually high
in these substrates. Soil scientists call this
condition ultramafic ("ma"
stands for magnesium and "f" for ferrum
or iron). The term serpentine is applied to three
polymorphic minerals: lizardite, antigorite and
chrystotile. Serpentinization or metamorphic hydration
of ferromagnesian silicate [(Mg, Fe)2SiO4] leads
to the formation of serpentine soils at relatively
low pressure, temperature between 100-300°C
and a pH greater than 10. These soils are normally
acidic near the surface, but less so in deeper
layers. As wind and water erode the soil, non-acidic
layers are exposed, creating varied habitat for
Soil profile development is generally
slow and poor, with average pH between 6.0-7.5.
Soil moisture holding capacity is low but cation
exchange capacity is typically high. The soil
lacks essential plant nutrients. Calcium is scarce
and its ratio to magnesium is unusually low. Scientists
believe this ratio is a key factor in determining
plant survivorship. Both elements are positive
ions that compete for the same uptake sites in
plant roots. When the concentration of magnesium
is high, these uptake sites become saturated,
making it harder for plants to obtain calcium.
Other important nutrients lacking in serpentine
include potassium and phosphorous, which are both
rapidly lost through weathering and leaching.
Nitrogen is also scarce due to limited plant growth.
Serpentine soils often have
pockets of naturally occurring heavy metals toxic
to plants, such as chromium, cobalt and nickel.
While serpentine outcrops differ in their concentrations
of these metals, many sites contain levels that
are toxic to many plant species. Because soil
development is poor and slopes are steep, ultramafic
soils are not stable. This affects the establishment
of pioneering vegetation and, as a consequence,
further slows soil development.
Serpentine outcrops have been
referred to as barrens since they are often sparsely
vegetated. Plants growing on serpentine soil experiences
stressed eco-physiological condition and heavy
metal exposure, which are collectively referred
to as ‘serpentine syndrome’ or ‘serpentine
factor’. The "syndrome" influences
the overall biomass (amount of living material)
on serpentine, which is low compared to other
plant communities. Nonetheless, many species,
growing under such stressed ecosystem, are equipped
with unique physiologies to withstand the stress
and thrive on these soils.
Plants restricted to serpentine areas and endemic
thereto are called serpentinophytes. Serpentine
substrates house a large number of species that
are found only on serpentine and have highly restricted
ranges. Serpentine species are generally dwarfed
than their non-serpentine counterparts and can
be classified into two categories: tolerators
and avoiders. The avoiders germinate from seed
or sprout from underground storage structures
and complete their life cycle while water is available.
The tolerators are the dominant vegetation and
include primarily low-growing shrubs and occasional
large trees with tough leaves that look silvery
or flat gray due to hairs designed to reflect
light. Such species develop certain physiological
properties by means of which they are able to
withstand such high concentration of heavy metals.
Flowering plants like Rinorea bengalensis
(Wall.) O. Kuntze, Dichapetalum gelenioides
ssp. andamanicum (King) Leenh., different
species of Strychnos, Orophea hexandra,
Anoxogorea luzoniensis, etc. are endemic
to Andaman Islands, hyperaccumulate nickel and
other metals in their leaves, and are termed as
metallophytes. These species are important as
metal indicators and could be potentially exploited
in phytoremediation practices like soil reclamation,
phytomining, phytoextraction of metals, etc.
Microbial ecology of serpentine
soil is poorly understood, although these soils
represent an ideal system to study the microbiology
of naturally metal-percolated stressed environment
and represent a powerful agent for the evolution
of colonizing microorganisms. Microflora living
in serpentine ecosystems represents an interesting
model for the evolution of metal-resistant communities
completely different from that of artificially
contaminated sites. These soils could provide
new strains and new genetic determinants for metal
resistance, which could be exploited in bioremediation
Microbial density as well as
microbial activity of this soil is low as compared
to normal agricultural soil. Bacterial population
dominates the soil in the rhizosphere of nickel-hyperaccumulating
plants and soil litter, whereas, actinomycetes
strains are predominant in bare soil with scanty
vegetation. Fungal population is moderate and
includes common genera like Penicillium,
Aspergillus, Mortierella, Pythium etc.
Owing to the presence of very high concentration
of heavy metals like Ni, Co and Cr, the natural
microbiota of serpentine soil shows wide degree
of metal resistance. They are “fond of”
or “love” metals and are termed as
metallophiles. The degree of nickel and chromium-resistance
appears to be high among bacteria, whereas, serpentine
fungi show moderate resistance towards nickel
and cobalt but are highly sensitive to chromium.
These metal-resistant organisms also show resistance
to other heavy metals and antibiotics. The mechanism
of metal-resistance appears to be diverse among
the strains. Majority of nickel-resistant isolates
shows nickel ion uptake by washed cells in aqueous
solution. The chromium-resistant organisms shows
chromate reduction phenomenon as the possible
detoxification mechanism. These serpentine isolates
could be utilized as heavy metal biosensor or
as metal-indicators in metal-polluted ecosystems
and may act as possible biotechnological tools
towards metal amelioration.
1. Serpentine soil ecosystem in saddle Hill, North
Fig 2. Serpentine
Vegetation of saddle peak (734 m above sea level,
highest point of Andaman Islands).
Brooks, R. R. (1987) Serpentine
and its vegetation, a multidisciplinary approach.
Croom Helm, London.
Pal, Arundhati, Dutta S., Mukherjee,
P. K. and Paul, A. K. (2005) Occurrence of heavy
metal-resistance in microflora from serpentine
soil of Andaman. Journal of Basic Microbiology
Proctor, J. and Woodell, S. R.
J. (1975) The ecology of serpentine soils. Advances
in Ecological Research 9: 255-366.
Schlegel, H. G., Cosson, J. P.
and Baker, J. M. (1991) Nickel hyperaccumulating
plants provide a niche for nickel resistant bacteria.
Botanical Acta, 104, 18-25.

domain: biology


text:
I have a Drosera capensis "Red" in there and it was looking rather nice lately, so I grabbed my camera and grabbed a few shots of it.
This plant has a nice color and a nice size, look at the Quarter sitting next to the plant.
It is sitting under 3 Daylight LED bulbs, each a 100W equivalent. (about 45 watts total for the 3 of them)
Hopefully it will flower soon so we can get some "Red" seeds back in the seed bank.


text:
We would like to update you regarding the lawsuit against the Defendants, Mazooz Sehwail, Nabil Abbassi, and Mohamad Qatanani.
The Defendants have hired a second attorney Passaic County Freeholder John Bartlett to help attorney Aymen Aboushi and filed an appeal in the Appellate Division. This is the Defendants’ second attempt to dismiss the case from court. The Defendants want all the claims to be dealt with in arbitration, but Hon. Judge McVeigh disagreed with them.
Judge McVeigh’s Order on 3/20/2015, states that the matters of financial mishandling must be heard in court. However, the matters related to membership, performance, and function of current Islamic Center of Passaic County (ICPC) Board are to be handled by an arbitration committee. We are confident that the Appellate Division will affirm Judge McVeigh’s order.
The current board members and the Imam Qatanani’s current and previous lawyers have avoided any attempt to defend any claims of financial mishandling and self-dealing. In fact, they filed a counterclaim against the former trustees of ICPC alleging financial mishandling. These allegations are full of deception and lies. A behavior, which represents of very low morals of Imam Qatanani and the current trustees.
The truth will come out, eventually.
This raises many questions and concerns in regards to hiding and attempting to cover up any wrongdoing. A serious question cannot be simply explained by saying that arbitration would cost less, but in fact, an arbitration process would save the Imam and board members from being fully exposed before the court and the community.
We, as former trustee(s) have requested several times to resolve the issue. However, the current ICPC Trustees have ignored all requests and only gave us their own conditions that would favor only one party. We value our community, and have taken this issue to court only after we found that the current Imam and board of trustees have deviated time after time from the core principles of ICPC constitution and bylaws. We believe that this case will bring transparency, and accountability in our center and community.
The ICPC community and general assembly have the right to address current ICPC Trustee with the following questions openly and listen to their answers and learn the reasons behind taking a position that will lead to challenge the current financial and leadership operation of ICPC in court of Law.
1. Why have the current ICPC board and Imam ignored demands of financial review for over a year?
2. Why do the ICPC board and Imam insist on having the issue discussed behind closed doors?
3. What are they hiding from court?
4. Why did the ICPC board and Imam file a counterclaim that is full of lies?
A verbal statement to the community from the Imam or a trustee is not enough. Any claims of responsible action should be supported by documentation. We believe that at this time that the ICPC community and general assembly should take a lead in this case and create their own fact-finding committee in order to determine which side is credible. We support and welcome such action that will bring back ICPC into an environment that is free from corruption, financial mismanagement, and self-dealing.
Letter written by former Passaic County Islamic Center board of trustees.