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Wisconsin Lawyer: Supreme Court Digest:

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    Supreme Court Digest

    This column summarizes selected published opinions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline, which are digested elsewhere in the magazine). Prof. Daniel D. Blinka and Prof. Thomas J. Hammer invite comments and questions about the digests. They can be reached at the Marquette University Law School, 1103 W. Wisconsin Ave., Milwaukee, WI 53233, (414) 288-7090.

    Prof. Daniel D. Blinka & Prof. Thomas J. Hammer

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    Vol. 84, No. 2, February 2011

    Civil Procedure law

    Pleadings – Summary Judgment – Relation-back Statute

    Tews v. NHI LLC, 2010 WI 137 (filed 21 Dec. 2010)

    After leaving a bar, Tews entered an unlit electrical substation and suffered severe injuries when he came into contact with the transformer. His initial complaint named “We Energies,” among others, as a defendant. Shortly before the statute of limitation expired, Tews filed an amended complaint naming the “Wisconsin Energy Corporation.” After the statute of limitation had expired, counsel for both “energy” entities moved to dismiss, contending that one was a trade name and the other a holding company, and neither had responsibility for the substation where the injury occurred, which was owned and operated by Wisconsin Electric Power Co. (WEPCo). Tews then filed another amended complaint, naming WEPCo, and asked that the complaint be held to relate back to the earliest filing. Although the circuit court permitted filing of the complaint against WEPCo, it later granted summary judgment to WEPCo on the ground that Tews had failed to show a genuine issue of material fact under the relation-back statute. The court of appeals affirmed.

    The supreme court reversed in a majority opinion authored by Justice Bradley. The court discussed summary judgment procedure and the relation-back statute in considerable depth. As for summary judgment, the court held that supporting affidavits are not always required (see
    ¶ 46). Here, “the court of appeals erred when it asserted that WEPCo’s motion had initially been a motion to dismiss ‘because it relied exclusively on the [pleadings] without any reference to any facts outside that pleading’ and that ‘the proceeding did not become one for summary judgment until Tews introduced matters outside the pleadings’ in his brief in response to WEPCo’s motion. Both of these assertions rely on the unsupported premise that a motion for summary judgment must be based on something beyond the pleadings. Although a motion for summary judgment will typically present factual matters beyond the pleadings, there is no statutory requirement that it do so” (¶ 50) (citation omitted).

    As for the relation-back statute, there was no doubt that the amended complaint naming WEPCo was barred by the statute of limitation unless it “related back” to the earlier, timely complaints. Here the court canvassed the authority on pleading generally, which “should not be a ‘game of skill,’” and the relation-back statute, including a 2010 decision by the U.S. Supreme Court based on the similar federal rule.

    “Like the federal rule, Wisconsin’s relation-back statute requires the following conditions to be met when an amendment adding a new party is made after the statute of limitations has expired: (1) the claim asserted in the amended complaint arose out of the transaction, occurrence, or event set forth or attempted to be set forth in the original complaint; (2) within the period provided by law for commencing a claim, the added party received such notice of the institution of the action that he or she will not be prejudiced in maintaining a defense on the merits; and (3) within the period provided by law for commencing a claim, the added party knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the added party” (¶ 72).

    The complex record in this case revealed competing factual inferences that foreclosed summary judgment in WEPCo’s favor (see ¶ 80). The majority opinion emphasizes that these factual determinations did not emanate from the raw allegations in Tews’s complaints but were “based on the admitted and undisputed facts established by the defendants’ responsive pleadings” (¶ 81). Most important, a party opposing summary judgment may not rest on the mere allegations and denials in the pleadings; only in rare cases, like this one, will pleadings establish a factual basis forestalling summary judgment (see ¶ 82).

    “In sum, we conclude that an examination of the pleadings reveals the following undisputed facts: The timing of the incident is undisputed, the location of the incident is undisputed, and that Tews actually suffered injuries as a result of contact with an ‘electrical part’ is undisputed. Likewise, it is undisputed that WEPCo has offices at the same location as Wisconsin Energy, WEPCo has the same registered agent as Wisconsin Energy, and WEPCo has retained the services of the same attorney who represented We Energies and Wisconsin Energy from the outset of the case” (¶ 84).

    Justice Ziegler, joined by Justice Crooks and Justice Gableman, concurred in part and dissented in part. They agreed with the majority’s determination that as a procedural matter WEPCo’s motion was properly one for summary judgment, not a motion to dismiss. But the dissent also concluded that the trial judge properly granted summary judgment to WEPCo based on the record. “[T]he legitimacy of the relation back doctrine does not obviate the responsibility of counsel to demonstrate that the opposing party had the requisite notice. In this case, it may be that the relation back doctrine should be applicable such that WEPCo is a proper party; however, the simple truth is that counsel failed to demonstrate that the relation back doctrine applies. The majority circumvents counsel’s burden and becomes an advocate for a position that counsel did not properly set forth. The majority departs from the unambiguous directives of Wis. Stat. § 802.08 and imposes an unreasonable burden on the circuit court to scour the pleadings for any conceivable genuine issue of material fact even though counsel neglected to properly advocate that position” (¶ 88).

    Commercial Law

    Contracts – Merger Clause

    Town Bank v. City Real Estate Dev. LLC, 2010 WI 134 (filed 14 Dec. 2010)

    Town Bank loaned $2.5 million to a real estate development company (City Real Estate) to purchase an office building. Town Bank sought a declaratory judgment to the effect that it had complied with the term credit agreement (TCA) and was not obligated to provide further financing under the terms of a prior commitment letter. Twice the judge denied summary judgment to Town Bank. A jury found in favor of City Real Estate. The court of appeals reversed.

    The supreme court affirmed in a majority opinion written by Justice Ziegler. Town Bank was entitled to summary judgment because the TCA contains an unambiguous merger clause that foreclosed consideration of evidence of any other understandings or agreements: “when the contract contains an unambiguous merger or integration clause, the court is barred from considering evidence of any prior or contemporaneous understandings or agreements between the parties, even as to the issue of integration” (¶ 39). And assuming, without deciding, that the commitment letter constituted a separate and enforceable contract or financing, the supreme court held that Town Bank lawfully terminated that agreement because City Real Estate failed to fulfill at least two of its conditions (see ¶ 52).

    Justice Bradley filed a dissenting opinion that was joined by Chief Justice Abrahamson. They agreed with the court of appeals and the Wisconsin Bankers Association (an amicus) that this case involved two separate, independent agreements. The majority’s approach, the dissent feared, “has the potential to yield ‘unforeseen consequences’ for the day-to-day practices of the banking industry. Because the majority’s analysis introduces uncertainty in the lending process and creates uncertainty in well-established law, [we] respectfully dissent” (¶ 60).

    Criminal Law

    Contributing to Delinquency of Child with Death as Consequence – First-degree Reckless Homicide by Delivery of Controlled Substance – Multiplicity – Meaning of “Child”

    State v. Patterson, 2010 WI 130 (filed 17 Nov. 2010)

    The defendant, Patterson, allegedly gave a controlled substance (Oxycodone) to a 17-year-old girl, and she died as a result. Among other crimes, Patterson was convicted of first-degree reckless homicide by delivery of a controlled substance (Wis. Stat. § 940.02(2)(a)) and contributing to the delinquency of a child with death as a consequence (Wis. Stat. § 948.40(1), (4)(a)). In a published decision, the court of appeals affirmed the convictions. See 2009 WI App 161. In a unanimous decision authored by Justice Crooks, the supreme court affirmed the court of appeals.

    The first question the court addressed was whether the two crimes referenced above are multiplicitous. Under the Wisconsin Constitution, multiple punishments may not be imposed for charges that are identical in law and fact unless the legislature intended to impose such punishments. “[T]he ‘elements-only’ test, to determine whether charges are identical in law and fact, is the first prong of a multiplicity analysis. The elements-only test determines the presumption under which the analysis of the second prong is to be conducted. Offenses with elements identical in law and fact establish a presumption that the legislature did not intend to permit multiple punishments. Offenses with elements that differ in law or fact establish a presumption that the legislature did intend to permit multiple punishments. Regardless of the outcome of the elements-only test, the court proceeds to the second prong to discern legislative intent. Operating under the presumption established under the first prong, the court then proceeds in a four-factor analysis to determine whether the legislature intended to permit multiple punishments for the offenses in question. This court examines (1) all relevant statutory language, (2) the legislative history and context of the statutes, (3) the nature of the proscribed conduct, and (4) the appropriateness of multiple punishments for the defendant’s conduct” (¶¶ 15–16) (citations omitted).

    The court concluded that the homicide and contributing-to-delinquency convictions were not multiplicitous. Of particular significance to the court on the matter of legislative intent was Wis. Stat. section 939.66(2), which deals with lesser-included crimes and provides that an included crime may be a “crime which is a less serious type of criminal homicide than the one charged.” The defendant argued that contributing to the delinquency of a child with death as a result is a less serious type of homicide than first-degree reckless homicide by delivery of a controlled substance.

    The supreme court disagreed. It concluded that the contributing charge “is not a type of criminal homicide because it lacks the characteristics of a traditional homicide statute” (¶ 18). The court noted that the homicide statutes are located together in chapter 940, “Crimes Against Life and Bodily Security” (¶ 23). On the other hand, the contributing-to-delinquency offense, found in chapter 948 (“Crimes Against Children”), is “more akin to other offenses spread throughout the statutes that proscribe certain conduct and impose a more serious punishment where death results” (¶ 24).

    “The language of the relevant statutes suggests that the legislature did not intend contributing to the delinquency of a child with death as a consequence to be a type of criminal homicide” (¶ 25). Further, the history of the contributing-to-the-delinquency-of-a-child statute “shows that it was created to protect children from dangerous conduct that can result in a death, and it was not created as another type of criminal homicide” (¶ 26). “The fact that this statute provides a more serious punishment for contributing to a child’s delinquency when a death occurs does not make it a homicide statute” (¶ 31).

    The court next addressed the meaning of the term child in the contributing-to-the-delinquency-of-a-child statute. The defendant argued that the statute did not apply to him because the victim in this case was 17 years old. The supreme court disagreed. Said the court, “we hold that Wis. Stat. § 948.40(1) proscribes contributing to the delinquency of any child under the age of eighteen, and thus [the defendant’s] conviction was proper. Our interpretation of Wis. Stat. § 948.40(1) is informed by the plain language and legislative history of the definition of ‘child’ in Wis. Stat. § 948.01(1), which excludes those over seventeen only for the ‘purposes of prosecuting’ such person” (¶ 66).

    The court also concluded that a single Haseltine violation by the prosecutor (asking an investigator whether he believed another witness’s statements were true) in the midst of a seven-day trial “did not ‘so infect[] the trial with unfairness as to make the resulting conviction a denial of due process’” (¶ 68) (citation omitted). Lastly, the court found that the jury instruction that was given on the homicide charge was not erroneous (see ¶ 64).

    Motor Vehicle Law

    OWI – Counting Statute – Prior Illinois “Zero-tolerance” Violations

    State v. Carter, 2010 WI 132 (filed 2 Dec. 2010)

    The Wisconsin Legislature has established an accelerated penalty structure for operating while intoxicated (OWI) offenses in Wis. Stat. section 346.65(2). The severity of a defendant’s penalty for OWI is based on the number of prior convictions under sections 940.09(1) and 940.25 “plus the total number of suspensions, revocations, and other convictions counted under Wis. Stat. § 343.307(1)” [the counting statute] (¶ 3). The question before the supreme court in this case was whether the defendant’s two prior suspensions under the Illinois “zero-tolerance” law applicable to young drivers fall within the Wisconsin counting statute such that they are counted in determining the penalty the defendant faced for his subsequent OWI offense in Wisconsin. Violations of Wisconsin’s absolute-sobriety statutes governing underage persons, namely improperly refusing to submit to a test for prohibited alcohol concentration and operating with an alcohol concentration of more than 0.00 but less than 0.08, are not counted for purposes of penalty enhancement for violations of Wisconsin’s OWI statutes (see ¶ 17).

    In a majority decision authored by Chief Justice Abrahamson, the supreme court construed Wis. Stat. section 343.307(1)(d) to include the following under the Wisconsin counting statute: “convictions under the law of another jurisdiction that prohibits a person from using a motor vehicle with an excess or specified range of alcohol concentration” (¶ 30). In this context the court applied the definition of conviction as specified in section 340.01(9r): “‘Conviction’ … means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal …” (¶ 43).

    Applying these principles to the present case, the court concluded that the defendant’s two prior suspensions for violating the Illinois zero-tolerance law are to be counted for purposes of enhancing the penalties the defendant faced for his subsequent Wisconsin OWI offense. Said the court, “Carter’s two prior Illinois ‘zero tolerance’ suspensions are determinations by an authorized administrative tribunal that Carter has violated or failed to comply with the law. Therefore, the two prior Illinois ‘zero tolerance’ suspensions fall within the definition of the word ‘convictions’ under Wis. Stat. §§ 340.01(9r) and 343.307(1)(d)” (¶ 53).

    The defendant urged the court to find that an out-of-state administrative suspension under a zero-tolerance law should not be counted as a conviction for OWI-enhancement purposes when similar in-state violations are not counted for enhancement purposes. The court replied that “[t]he Wisconsin legislature could have carved out an exception for out-of-state ‘zero tolerance’ suspensions, similar to the exception it carved out for Wisconsin ‘absolute sobriety’ suspensions. It did not. Instead the legislature has promulgated language in Wis. Stat. § 343.307(1)(d) and (e) to encompass a broad array of convictions, suspensions, and revocations under the laws of another jurisdiction for counting purposes. Under these circumstances, the court cannot usurp the role of the legislature and carve out an exception for suspensions under the Illinois ‘zero tolerance’ laws” (¶ 63).

    In dissent, Justice Bradley said that “the majority’s interpretation of Wis. Stat. § 343.307(1)(d) is in error. The majority concludes that in enacting Wis. Stat. § 343.307(1)(d), the legislature intended to count a prior out-of-state youthful zero tolerance violation the same as a prior out-of-state OWI offense for purposes of sentence enhancement. A review of the legislative history reveals a very different legislative intent” (¶ 69).

    Justice Crooks did not participate in this case.


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Money-Making Lessons From the Girl Scouts

By Carrie Kirby on 5 March 2013 4 comments
Photo: The U.S. Army

My living room has been stacked high with cases of Girl Scout cookies for the past month, I've created a spreadsheet that looks like the blueprint to a Dr. Seuss house, and my day is frequently interrupted by phone negotiations over trading a "Dulce" for a "Savannah."

Yep, I'm a cookie mom.

Despite my moments of doubt — "Are all these hours really worth the amount of money this fundraiser puts in our troop bank account?" — I've come to love most aspects of cookie season. I've even learned a thing or two about money and sales from the well oiled machine known as the Girl Scout Cookie Program. (See also: Timeless Money Lessons From Teens)

1. You Can't Get a "Yes" If You Don't Ask

During cookie manager training, I learned that 85% of people who are asked to buy Girl Scout cookies say yes (PDF). However, only 35% of people are asked. If a sales team with millions of unpaid child workers has that large of an untapped market, think how much untapped potential your own business or endeavor might have!

2. It Pays to Set Goals

One great thing about the Girl Scout Cookie Program is that Girl Scouts are supposed to set their own goals for what activities they want their earnings to fund and figure out how many cookies they need to sell to meet those goals. The process is encouraging me to do more purposeful goal setting for my own money earning activities.

3. Lead With What You Have

This is actually a piece of advice our troop got from a kind shopper as we stood outside a local grocery store. Our Scouts were keeping a close tally on what varieties we had run out of, and when shoppers asked what we had, they'd recite, "We're out of Trefoils, we're out of Do-Si-Dos ..." before finally getting to the many varieties of cookies we still had for sale.

"Hey, girls," our shopper said, getting out his wallet. "Lead with what you have, not what you don't have."

4. Be Persistent

The Girl Scouts have come up with a great way to counter excuses like, "I don't eat sweets" or "I already bought cookies." It's called a Gift of Caring, and it means that you can pay for a box of cookies to be donated to a food pantry or military unit — with a percentage going to the troop just like with a regular sale. It takes some moxie for little girls to hear "no" and come back with, "You could give a Gift of Caring instead!" but I have seen it pay off again and again.

5. Don't Save All Your Accounting for the Last Minute

The Girl Scouts wisely break up their cookie season into bite-sized chunks, asking troops to make deposits throughout the season so that they don't find themselves at the end of the sales period owing thousands that they haven't collected. This would be such a good idea in all our financial planning — if you need to make a $10,000 tuition payment in September, schedule yourself four quarterly bank deposits of $2,500 each to make sure it's all in order when the time comes.

6. Don't Bite the Hand That Feeds You

Girls Scouts are always supposed to leave a place nicer and cleaner than we find it, but at cookie manager training we were warned to be especially vigilant about this when it comes to selling cookies in public locations. When selling in front of stores, we are admonished not to leave our empty cases lying around or even taking up space in the host business's recycling bin. Most important, if Starbucks is nice enough to let us sell cookies by their front door, we don't stand around drinking coffee or hot cocoa from other shops.

7. Make Every Member of Your Organization Accountable

In our area, every parent in the troop signs a responsibility form acknowledging that they owe every penny of cash for the cookies their daughter takes to sell. Parents who volunteer must be fingerprinted and get a background check from the local police. Every time cookies or money change hands from troop to members and back again, a receipt is issued.

This all may seem like overkill until you realize that our little troop is currently in possession of $6,000 in cookies and cash. Scout's honor is great, but when we are talking about thousands of dollars, receipts and fingerprints are great backup.

8. Delegate, Delegate, Delegate

When I first got involved in the cookie sale, I was shocked at how much work is involved for parents, especially when the girls are young. But it all gets done despite the volunteers' jobs, parenting responsibilities, and everything else they have to do. It gets done most easily in troops — like ours, luckily — where all the families share the work. If I ever find myself getting overwhelmed, it's usually because I have not taken time to ask the other parents if they could take over one of the tasks I'm juggling.

9. Remember the Big Picture

When I get home from spending three hours outdoors with a group of increasingly rambunctious third grade girls and count up how many cookies we sold, I'm tempted to calculate our troop's earnings on a per-hour, per-adult basis. This often amounts to less than minimum wage, which discourages me.

However, other Girl Scout parents remind me that there is more to the sale than our troop earnings. There is all the great experience our girls are getting with earning the money to fund their own activities. Then there is the fact that money from every box sold goes back to our local council to fund activities for all girls in our region. When I got my summer Girl Scout camp catalog, it laid out the difference between what parents are required to pay and the true cost of providing the camp sessions. Girl Scout Cookie sales subsidize camps and other great activities that many girls could not afford otherwise.

10. Don't Over-Estimate Sales

If you order more cookies than your troop can sell, you'll be scrambling to avoid literally "eating" the loss. This is a lesson that even a regional Girl Scout council found out when some cookies they returned to the baker — as allowed in their contract — turned into a black mark on the Scouts' public image. The baker had unexpired cookies destroyed instead of donated, and the news media had a field day.

11. You Must Understand Opportunity Cost

Once a troop has picked up its initial cookie order, the volunteers involved have the option to order and pick up more cases. Whether to do so requires some guesswork and calculation — are the potential additional earnings worth the adult's time and gas to fetch more cookies, and the girls' time to sell them?

"I thought about ordering two additional cases for a booth sale because I'm pretty sure we'd sell them," said Marta Segal Block, a troop cookie manager in Oak Park, Ill., who blogs at Advice from Marta. "But really, even if we did that's only $17 or so, so it isn't worth the trouble to order the cases just for that. But, if we had a third booth sale and ordered another 10 cases, then it would seem worth it."

Have you ever taken part in a GSA cookie sale or similar fund raising effort? Did you learn any money and sales lessons?

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Meg Favreau's picture

As someone who has a history as an over-apologizer, I love "lead with what you have" just as general life advice. Lead with the positive, not the negative!

Guest's picture

When I was these girl's age I definitely didn't understand what selling the cookies actually meant, or even that the entire process is a huge nation-wide phenomenon. Cool way to break down what you can actually learn as you're experiencing this all firsthand. I wish I knew about the "Gift of Caring". I can't afford to have those boxes laying around (I'd eat every one), but I'd feel great about sending a box overseas to troops.

Lars Peterson's picture

Yeah, the Gift of Caring tip is a great one.

I live near a popular shopping/restaurant area that attracts lots of shoppers and strollers, which in turn attracts lots of Girl Scouts selling cookies. I always felt sorta bummed when I turn down the cookie offer (the scout looks so sad!). So the last time I was accosted by a Girl Scout selling cookies, I asked about the GoC. They weren't quite ready, but one of the Cookie Moms knew what was up, and they found the right envelope for the cash.

Next time by they had a special GoC sign made up and everything. So, Carrie, a troop local to Long Beach, CA has you to thank for a reminder to suggest a Gift of Caring.

Carrie Kirby's picture

You can still give a Gift of Caring! At least, in California, the scouts are still out at tables all over.

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What is Fund Accounting?

Nonprofit organizations, such as those running a soup kitchen or shelter, often use fund accounting.
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Fund accounting is a type of accounting strategy that focuses more on accountability than on tracking the generation of profits. This particular approach to accounting is often utilized by entities that are not focused on profitability, such as non-profit organizations or government departments and commissions. One of the main features of this method is the use of multiple general ledgers that document the flow and usage of any funds that come into the entity, but without the emphasis on tracking profits.

The general function of fund accounting has to do with showing where money is spent. This emphasis is one reason for the maintenance of several general ledgers, rather than the self-balancing accounts reflected in a single general ledger, as is common with entities that operate for profit. Each of the ledgers tracks the receipt and disbursement of resources as they relate to the activities associated with a particular project or fund operated by the non-profit entity. For accounting purposes, each individual ledger or fund must be reconciled within itself, complete with detailed reports that support the current balance in the fund. All the reports associated with the different funds are used as the supporting detail for a cumulative report that is made available to members of the organization, as well as its directors.

With fund accounting, any donations or funds obtained from grants or endowments are posted directly to the ledger or fund that was designated by the contributor. There, any expenditures related to that particular project are deducted from the balance. This arrangement makes it very easy for the non-profit organization to report activity to its constituents, and also to any government entity that is charged with the responsibility of overseeing the operation of the non-profit.

The fund accounting approach can be very effective when reports must be sent to more than one government agency. For example, if a locally operated charity receives a grant earmarked for providing meals to shut-ins, a generous donation to support a homeless shelter, and an endowment for the operation of an after-school program, each of these projects is likely to fall into the jurisdiction of a different government agency. By creating and maintaining a ledger for each project, it is possible to always provide each monitoring agency with an accounting of what has been done with the money received to support each program. With the use of fund accounting, the local charity remains in compliance with regulations that allow it to operate, and can demonstrate that the received funds are being used in the manner specified.

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Post 4

There are quite a few accounting software solutions to help nonprofit organizations. There's software for grant management, fundraising, and more. They all range in features, functionality, etc. but can make nonprofit accounting much easier.

Post 3

I have a friend who is going to school for accounting, and she's actually hoping to work as a fund accountant for a non-profit at some point in the future. Naturally, she will make less money doing accounting for a non-profit than for a big corporation, but she thinks it will be a lot more rewarding to work for a non-profit.

I don't blame her for wanting to work for a non-profit rather than a big corporation. It sounds like it would be a lot nicer to see money being spent on a good cause rather than just see profits for a big corporation.

Post 2

@Monika - Yeah, non-profit and for-profit business definitely have separate goals, so it makes sense they would use a different system for keeping track of their financial actions.

I'm kind of wondering about fund accounting software for this type of accounting though. I imagine there must be some kind of software that focuses on this kind of accounting because it sounds kind of complicated.

From what I understand based on this article, the non-profit keeps a separate ledger for each source of money and tracks what they do with that specific money. That could get complicated if you have money coming in from a bunch of different places!

Post 1

I've often wondered how non-profit organizations and charities do their accounting. I always knew it would be different than something like small business accounting. After all, a non-profit by nature isn't supposed to making a profit, but they are supposed to be using their funds to accomplish a set goal.

So the fund accounting system makes a lot of sense. You keep track of the money that comes in, and what it's used for. But not really of how much profit you make off of it. Which makes sense, because a lot of non-profits don't generate any kind of profit off their money, unless they invest it and earn interest or something like that.

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Dangerous Intersections

Which intersections in your area do you think are dangerous?

A woman died after a terrible car wreck near the Onslow-Pender County line Wednesday afternoon.  One of the people WITN reporter Brittany Creamer spoke to after the wreck said she has seen other accidents and plenty of close calls at the intersection of Highways 50 and 53.  Drivers on Highway 50 are supposed to yield to traffic Highway 53.

We often hear about dangerous intersections after someone loses their life, but we know it doesn't take a fatal crash for people to have strong opinions about certain roadways.  We want to hear from you about which intersections you think need to be inspected and fixed.

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Construction Moving Along As Planned On ECU's Campus

A third of a nearly 60-year-old dormitory on ECU's campus has been demolished. Officials say progress is moving as planned.

This week crews continued to chip away at Belk Hall on the top of College Hill.

Demolition first began in early January and officials say the middle of March deadline will be met.

Construction crews are saving bricks and other materials as a way to recycle them back into the new buildings.

Gateway East and West will be built in its place, which officials say will serve as the anchor of the College Hill community.

Belk Hall originally held just under 500 students. The two, new residential halls will add space for an additional 230 students.

"Belk Hall was almost 60 years old," said Bill McCartney, Associate Vice Chancellor of Campus Living at ECU. "Keeping it up and the upkeep of a building that really no longer quite met our needs like a modern building would no longer made sense for us philosophically. It was beginning to get that way financially as well."

McCartney said students will see new buildings by early June. The project is estimated to be completed in August 2015.

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Scared of Building Your Own Website? You Shouldn’t Be!

January 29th 2014 | Wix Updates

Have you been wanting to build a website but were anxious of doing it alone? Until recently, building a website seemed like a difficult task, one that requires great skill and a large budget. But this is no longer true: for the past few years, millions of people are taking to smart online DIY tools that make website creation into a friendly process.

Since 2006, We’ve been on a mission to turn website building into the fun and simple activity it should be.  Wix’s web publishing platform takes you step by step through the process of creating a website, from choosing the right website template to editing it to fit your exact needs.

Our main goal is to enable anyone to create a website, regardless of their background. And there are many reasons for why Wix is such a great choice for absolute beginners:

1. Work at Your Own Pace

A great thing about our web publishing platform is that you really get to be your own boss in the creative process. There’s no need to rush. You can start small and create one page at a time. When you’re sure you’re happy with your progress, you can move on to creating more pages. You don’t have to worry about things not “being right” since can constantly delete, add, revise and add elements to your website. You can also save your work without publishing anything – it’s your call, throughout.

Work in Your Own Pace

2. Nothing to Lose

Don’t be scared of throwing money away. Wix lets you design and publish your website for free. While some Wix users (especially those who create business websites) prefer to upgrade and enjoy premium features, this is entirely optional. You can create and publish your website without spending a dime and without making a commitment to pay any fee.

Nothing to Lose

3. 24/7 Support

You are not alone in this. The Wix support team is happy to help you along the way to full independence and answer any question you may have. We have a huge pool of video tutorials to show you through all special features and functionalities. We also encourage you to visit the Wix Learning Center for helpful articles and guides. If you want to get in touch with us personally, you can post a private or public message on the Wix Forum and one of our team members will reply with a detailed answer ASAP. Also, you’re more than welcome to talk to us on Facebook, Twitter, Google+, LinkedIn or Instagram!

24/7 Support

4. Learn from the Best

With over 40 million users worldwide, every few minutes a new Wix website is created. To get an idea of what you can accomplish with Wix, visit the Explore section on our website or our Killer HTML5 Websites Pinterest board check out hundreds of gorgeous websites that were created by users just like you!

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5. Changes Are Easy

Your website remains 100% in your control even after you publish and share it with the world. At any point you can introduce revisions and edits to your existing design. We believe that creating a great website is an ongoing process that requires tweaking and revamps. That’s why the Wix editor was designed to make it as easy as possible for you to continue your work on your website whenever you see fit.

Changes Are Easy

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Everything about the process of creating your website – from choosing images to adding animations – is not only simple and intuitive, it’s actually fun! The Wix drag & drop editor lets you play around with website templates like they were your own canvas. Put some colors here, add some icons there – you get to set your creativity in motion and by the time you’re done, you have a website which is entirely your own creation.

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Now Is the Time to Prepare for Hurricane Season

The experts have weighed in and it looks like 2011 will be another very active hurricane season. But as we found out last year... just because it is busy does not mean we will be impacted. That said... it only takes 1 storm to have a very bad hurricane season.

This week the National Hurricane Center released their seasonal hurricane forecast for the Atlantic... and like other experts... they too are expect an above average season.

Source of prediction (2011)
Total named storms Total hurricanes Total major hurricanes
NOAA 12-18 (15) 6-10 (8) 3-6 (4.5)
Impact Weather 14 8 4
AccuWeather 15 8 3
Colorado State University 16 9 5
Tropical Storm Risk 14 8 4
North Carolina State University 13-16 (14.5) 7-9 (8) 3-5 (4)
Average prediction
14.9 6.8 4.1
Normal season (1950-2010) 11 6 2

Despite the high forecast numbers the way you prepare for the season should be the same if the forecast called for 1 storm or 50.  A lot of folks thought last year was a bust as far as the forecast was concerned.  Remember, the forecast does not take landfall chances into consideration.  What steers storms once they develop in more on what meteoroloigists call the synoptic scale....  basically the same scale as your 7day forecast is based.  It is not possible to know where storms are going months in advance.

Also, remember 1992?  1992 was a very quiet tropical season... expect for that one storm....  Andrew.  If Andrew hit NWFL and that was the only storm that entire season what would your thoughts be as to 'how busy' it was?  Wouldn't you have wanted to prepare ahead of time?

I went back into our hurricane archive and did a search for all the category 3 or higher storms that passd within 100 miles of Panama City and the below chart shows the result.  Of course all storms are different, but probably the worst storm was Eloise back in 1975.  That is the line that passes under the 'P' in Panama City.

Eloise was a Category Three Hurricane with sustained winds of 125 mph, and gusts of up to 156 mph. It produced a 12 to 16 foot storm surge along the Florida Coast from Ft. Walton Beach to Panama City, Florida. Eloise was the first major hurricane to make a direct hit on this area in the 20th century, and caused some $1 billion dollars in damage as well as 21 deaths.

I went into the archive to look at some more historic data as far as our storm frequency.  This data comes from hurricane

Longest gap between storms
9 years 1975-1985

How often this area gets affected?
brushed or hit every 2.40 years

Average years between direct hurricane hits.(hurricane force wind gusts for a few hours)
(17h)once every 8.18 years

Average MPH of hurricane hits. (based on advisories sustained winds at closest approach, not gusts)

Statistically when Panama City should be affected next
before the end of 2012

Some of the ingredients that are causing experts to predict 2011 to be so active are...

  • The continuing high activity era. Since 1995, the tropical multi-decadal signal has brought ocean and atmospheric conditions conducive for development in sync, leading to more active Atlantic hurricane seasons.
  • Warm Atlantic Ocean water. Sea surface temperatures where storms often develop and move across the Atlantic are up to two degrees Fahrenheit warmer-than-average.
  • La Niña, which continues to weaken in the equatorial Pacific Ocean, is expected to dissipate later this month or in June, but its impacts such as reduced wind shear are expected to continue into the hurricane season.

To help you get your family ready you can put together your family or business disaster plan at the Florida Division of Emergency Management Website.  It will take 5-10 minutes to answer the questions and print out your family plan.

You can also find all your tropical weather maps, charts, evacuation maps, and family checklist on our tropical weather page at

I hope you will take a few moments this Memorial Weekend to get your family ready just in case we see a storm this year.

As always, if you have any questions about hurricane preparedness do not hesitate to contact myself or any of the members of the VIPIR7 Weather Team.

Chris Smith
Chief Meteoroloogist, WJHG-TV

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Choi outlasts Toms in a Players playoff

By: AP
By: AP

PONTE VEDRA BEACH, Fla. (AP) -- K.J. Choi made his first PGA Tour playoff experience a memorable one Sunday. He made par on the island-green 17th to win The Players Championship for his first tour win in three years.
David Toms won't forget it, either.
Moments after Toms hit his best shot of the week from a divot in the 18th fairway and made an 18-foot birdie putt to force a playoff, he missed a 3 1/2-foot par putt in the playoff that cost him a chance at his first win in five years.
Choi closed with a 2-under 70 to become the fourth straight international player to win the PGA Tour's biggest event. He had to make a par putt just inside 5 feet to get to the playoff, then watched Toms hand him the victory.

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Inside Washington May 6, 2012

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This week on Inside Washington: The fate of Chinese dissident Chen Guancheng, a political and diplomatic minefield.

The President’s trip to Afghanistan: What is our exit strategy? Is President Obama politicizing the killing of Osama Bin Laden?

His campaign overshadowed by the power of incumbency, Mitt Romney tries to go on the offensive with the economy.

Seven-time Cy Young award-winner Roger Clemens on trial for perjury. Did he lie to Congress about steroid use?

Would you like to contribute to this story? Join the discussion.

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Economy and Business

Cleveland's new casino is taking some cues from Pittsburgh's experience
Rivers Casino working well with Pittsburgh's established entertainment venues
This story is part of a special series.

Kevin Niedermier
Pittsburgh's Rivers Casino in the city's North Shore neighborhood.
Courtesy of Valerie Brown
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In The Region:

Cleveland is preparing to open the first of Ohio’s four casinos this spring. About 2 hours away casino gambling has been part of that Pittsburgh’s offerings since 2009. Both cities have both spent the last few decades adding entertainment venues to help replace the erosion of heavy industry.  WKSU’s Kevin Niedermier traveled to Pittsburgh to find out how that city’s casino has impacted its economy, entertainment venues and social issues.

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The Rivers Casino is in Pittsburgh’s North Shore neighborhood. It’s right across the street from Heinz Field where the Steelers play, and a few blocks from the Pittsburgh Pirates’ baseball stadium and a science museum. In between are acres of parking lots, a block of new bars and restaurants, and new parks along the Ohio River that separates the neighborhood from downtown. Once inside the casino, the sights and sounds are like any other, slot machines flashing and clanging, dealers laying down cards for black jack and gamblers tossing dice at the craps tables. But there is also something you don’t see much of in Las Vegas or Atlantic City. The Rivers Casino has large banks of windows allowing gamblers to see that there is a world outside with other attractions to visit. This is not the traditional windowless building within expensive food and free drinks – factors that can strangle existing restaurants and bars on the outside. Rivers Casino General Manager Joe Barrett says selling the casino plan to Pittsburgh’s entertainment establishment was not that difficult.

Pittsburgh embraced casino as a job generator
Barrett:  “I think it’s a matter of grassroots, just getting out there and shaking hands, introducing yourself, talking about how we can help each other’s business out. Whether it’s incentives to come over, whether it’s from the sports venues or the hotels, incentives for their guests to come over, and it’s reciprocal as well. So we’ve been able to shake a lot of hands and talk about how together we can improve the economy and grow our businesses, and we have some great relationships with other businesses owners in Pittsburgh."

Niedermier:  "Was there much resistance when the casino was being planned?"
Barrett:  "Not much. I think at that time we know what was happening with the economy, so there was some excitement about job opportunities, tax revenue growth, community involvement. Even the naysayers, as few as there were, they’re seeing that there fears were not justified, they’re seeing that it’s have a positive impact on this area."
Niedermier:  "What has the casino meant for employment here in Pittsburgh?"
Barrett:  "When we opened in 2009 we had about 800 employees, we have 1900 employees now. Who else is growing jobs like that? Everyone else is trimming back, the revenue side isn’t quite there, they’re looking at the expense side, they’re trying to do more with less people. Quite the opposite at Rivers Casino. We’re growing, we’re expanding. The banquet room is proof of that, the increase in table games is proof of that.”

Barrett says the Rivers Casino attracts about four-million people a year. Just down the street from the casino is a block of new bars and restaurants. One of them is “Jerome Bettis’ Grill 36,” owned by the former Steelers star.   Frankie Grandstaff  is the manager.

“From what I’ve seen, it brings people to the North Shore. We’re such an event driven restaurant, we have the concert venue, Heinz Field, P.N.C. Park, the casino and the science center," he says. "So all of those combined drive our business to where it is now.”

Hotels, restaurants and the casino work together to spur business
The casino has nine of its own bars and restaurants, plus live entertainment and shopping. But, like Cleveland’s casino, there is no hotel. That was good news to Rebecca Lazeration who manages the Priory Hotel a few miles away.  The small, 25 year old hotel, that was once a Catholic church and monastery, works with the casino.

Lazeration:  “People can come here and get on of our standard queen rooms, and they can get $50 in food and beverage vouchers and the casino donates $20 in play vouchers to us, and we give guests a bottle of champagne and some lottery tickets. And we’re about 2 miles from the casino, they can go there and have a great time, have a wonderful dinner, and come back and stay with us.
Niedermier:  "Where the casino was being planned, was there a lot of discussion between Pittsburgh hotel and restaurant owners about how the casino would interact with existing entertainment venues?"
Lazeration: "I think there’s always talk about how they’re going to interact, and I think Pittsburgh is great in that you want to keep everything local and work together as business to keep that camaraderie that we recommend you, you recommend us, and then together we all benefit from people coming into the city, or local people using the facilities here.”

Lazeration says the casino packages account for an additional three-or-four hotel bookings a week. About 10 buses arrive at the Rivers Casino each day, bringing gamblers from Pennsylvania, West Virginia and parts of western Ohio.  But like most casinos, most visitors are from a 35-mile radius around Pittsburgh. John McGovern, drove in with his wife from Plum Borough, Pennsylvania about a half hour away.

McGovern:  “It’s a big casino, the food in here is good, it’s just like any other casino really."
Niedermier:  "Do you go to a lot of other casinos?"
McGovern: "Yeah, we go down to Meadows, down to Wheeling, that’s Mountaineer."
Niedermier:  "A casino is opening in Cleveland in the spring, do you think you’ll make a trip there?"
McGovern:  "Probably, my wife likes to go around and check them all out."
Niedermier:  "When you come to the Pittsburgh casino, do you do other things in the city?"
McGovern:  "No, not really, we come down here and go back home. We do shop around and sometimes have dinner at the casino, but that’s about the extent of it.”

Crime hasn’t increased since casino opened
Gambling is not new to Pennsylvania. The state’s horse tracks have had video slot machines since 2003. Still, the opening of a full casino raised concerns about increased crime. Pittsburgh Police Commander Rochelle Brackney is in charge of the North Shore district. She says before the casino, the only real attraction was the football stadium, and the area had its share of crime, including drugs and prostitution. But she says, contrary to the fears of more crime, the casino has not caused been a crime generator.

“Some of the crimes that we thought might be issues were prostitution, robbery, drugs, littering, urinating outside the casino, people being really drunk, and we have not experienced that in Pittsburgh at all. I have not seen a single spike in prostitution or prostitution related arrests," she says. "The incidents that typically occur at the casino are thefts, someone leaves there ticket in a slot machine, or someone leaves their purse open. There don’t even seem to be thefts occurring in the casinos’ gift shops."

Brackney says one factor is that the casino does not serve free drinks to gamblers like many other casinos do. And, she says the casino has an agreement with the city that if certain crimes increase, the casino will pay to help clean them up.

“As long as we can prove there’s a correlation between the casino and the criminal activities.  But, again, it’s an incentive on everyone’s part," she says. "You want your community to be safe or people won’t come to the casino, and if they’re not coming to the casino, they’re not coming to enjoy the other amenities of the North Shore. So, although gambling’s an adult entertainment and you must be 21, you still want to make it as family friendly as possible so they continue to patronize the other events and activities that are here.”

Just like in Ohio, casino gambling critics in Pennsylvania warned of an increase in compulsive gamblers.

Jim Pappas heads Pennsylvania’s Council on Compulsive Gambling. He says when casinos opened in Pittsburgh and 3 other cities, those regions did see a spike in calls for help.  But that was expected, and things have leveled out since. Another expectation for Pittsburgh’s casino is that it would be a financial boon for the city and state. The agreement with the city includes the casino giving $1 million a year for 3 years to neighborhood development projects. And, $7.5 million a year goes toward construction of the new Pittsburgh Penguins hockey arena.

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text:
President Barack Obama will visit Cleveland on Thursday, and he is scheduled to make a speech at the ArcelorMittal steel mill.

In the valley dividing the east and west side of Cleveland, ArcelorMittal sits, a historic steel plant paving the way for the steel industry's future. It's one of the only plants to produce the new advanced high-strain steel, and it does it quicker and more efficiently than any other plant in the world.

But that wasn't the story just a few years ago.

"At one time, if you check your history, under LTV in 2001, our plant was shut down, and no one ever gave us a chance of coming back," says Dan Boone, vice president of United Steel Workers Local 979.

But ArcelorMittal did come back, and it came back strong. The mill has 1,800 employees and is growing. It's an example of manufacturing in America in 2013.

And Obama wants to show it off.

"It's a really big event for us. It's the first time any of us can recollect a sitting president coming to visit the plant," says Boone.

Boone says the president is expected to tour the hot dip line and then address the workers.

The steel mill has been under security sweeps, and employees have already been vetted.


text:
The brutal winter is taking its toll on the area's roads. No matter where you go potholes are plentiful.

The City of Cleveland says it has six to eight crews out each day to patch potholes throughout the city. To date, the city says it has used 420 tons of cold patch asphalt.

The city says it is in the process of identifying areas with the worst pothole issues and has taken the following steps:

  • Payne Avenue over I-90 was closed for partial deck repairs.
  • The West 53rd Street Bridge is scheduled to be closed from Clark to Walworth for repairs.
  • In the 1200 block of Fairhill, protection barrels were placed at various locations.
  • At East 116th Street south of Buckeye Avenue, protection barrels were placed at various locations.

The city says it is finalizing agreements with private contractors to help supplement city repair crews.

As far as damage to concrete streets such as Rocky River Drive and West 117th, the city says it needs two days above freezing to pour concrete. Where necessary, the city says concrete streets will receive "immediate protection." Currently, the northbound and southbound lanes on Rocky River Drive north of Puritas Avenue and the northbound lanes of West 117th Street, south of Lorain Avenue are closed for necessary repairs, weather permitting.

Crews are using cold patch asphalt to make critical repairs. Temperatures of at least 40 degrees Fahrenheit are needed for hot asphalt repairs. Hot asphalt plants begin their production on April 1.

Today, the City's repair crews fixed potholes at the following locations:

  • East 40th S. Marginal to Woodland
  • Prospect East 9th to East 4th.
  • Chester East 30 to East 18th Westbound.
  • East 9th at RT 2 on Bridge Deck.
  • West 25th Clark to Daisy.
  • West 117th Madison to Edgewater.
  • Cedar Carnegie to Ambleside.
  • East 143rd kinsman and Barlett Intersections.
  • Warner Vineyard to Connecticut.
  • Tourney Grand Division to Cardwell.
  • East 147th Street (All major potholes).
  • Chester Euclid to East 101st
  • East 152nd (Aspinwal to S. Waterloo).
  • Eddy Road St. Clair to I-90.

Residents are encouraged to report potholes to the city at 216.664.2510.

You can report potholes you come across on our special Channel3 Pothole Patrol Facebook page.

Read or Share this story: http://on.wkyc.com/1bK7CQ2


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Arrests Made In Elaborate Business Theft

Paris Police have arrested two suspects in an elaborate theft from an auto parts store. The arrests were made early Wednesday morning.

John Jones and Ricky Tipton are facing multiple felony charges in connection to several burglaries in the area, including the recent one at a KOI auto parts store.

The discovery was made Tuesday morning after police say the thieves broke into the KOI auto parts store, and stole a truck full of thousands of dollars worth of goods.

Police arrived to find a hole in the back of the business.

They say the thieves cut through the metal siding, then pushed through insulation and dry wall to get inside.

Once in the building, they cut the alarm, and began to load a KOI work truck parked in the garage connected to the store with stolen tools.

Police say a car followed the stolen truck somewhere to unload the merchandise. The empty truck was found about three miles from the business, parked in front of a horse farm.

Police say surveillance video helped lead them to the suspects, where they say the stolen truck followed by a white van.

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Ohio airport searches for flights after deal fails

TOLEDO, Ohio (AP) - Airport operators in Toledo say a deal to secure flights to southwest Florida has fallen through.

The airport had had been negotiating with Aviation Advantage Inc. to operate two roundtrip seasonal flights each week between Toledo Express Airport and Southwest Florida International Airport in Fort Myers.

Toledo's airport director tells The Blade newspaper (bit.ly/TK1yOc) the deal fell apart because terms couldn't be reached with another airport that was needed for the plan to work.

Airport operators in Toledo have struggled to attract carriers for New York and Denver and several carriers have dropped routes to Florida and other destinations in the South over the last few years.

Many travelers have been opting to fly out of Detroit where more flights are available and rates are often less expensive.

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Reality Check: Kentuckians lured by sales tax holidays

LEXINGTON, Ky. (WKYT) - While tax experts call it nothing more than a political gimmick, the lure of tax free shopping is prompting businesses in neighboring states to promote sales and added hours.

Seventeen states, primarily in the southeastern U.S., will hold a sales tax holiday this year which is down from a peak of 19 states in 2010, according to the Tax Foundation, an independent, non-partisan organization that researches federal and state tax policy.

Since 2006, shoppers in neighboring Tennessee and Virginia have had tax free holidays during the first weekend in August to promote back to school shopping. While border state Missouri also offers the tax-free shopping incentive, counties and cities can opt out to avoid losing their share of sales tax revenue.

"While it has been proposed in Kentucky several times in the end it has usually died in the legislature because of concerns of lost tax revenue," said WKYT political editor Bill Bryant.

"Sales tax holidays do not promote economic growth or significantly increase consumer purchases; the evidence shows that they simply shift the timing of purchases," according to the Tax Foundation. "Some retailers raise prices during the holiday, reducing consumer savings."

Despite estimates that it saved North Carolina residents $14.7 million last year, this year will likely be North Carolina's last sales tax holiday. As part of the state's general assembly tax reform effort, the North Carolina senate earlier this month passed a plan to eliminate the tax holiday starting next year.

Dates: August 2-4
Rules: Tax-free items includes any article of clothing having a taxable value of $100 or less; school supplies not to exceeding $50 per purchase; computer software with a taxable value of $350 or less; and personal computers not exceeding $3,500.

Dates: August 2-4
Rules: Tax-free items include clothing with a price of $100 or less per item, school and school art supplies with a price of $100 or less per item and computers with a price of $1,500 or less. These items are exempt from state and local sales tax in Tennessee during the holiday.

Dates: August 2-4
Rules: During this three-day period, purchases of qualifying school supplies selling for $20 or less per item, and purchases of qualifying clothing and footwear selling for $100 or less per item will be exempt from sales tax. Retailers may also choose to absorb the tax on other items during the holiday period, but they are responsible for paying the tax on those items to the Virginia Department of Taxation.

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Bill Requiring Physical Activity In Schools Passes Senate

FRANKFORT, Ky. (AP) - Reading, writing and jumping jacks could all be a daily routine for Kentucky schoolchildren.

The legislation unanimously sailed through the Kentucky Senate yesterday and now heads to the House. The bill would make make physical activity a requirement for public elementary and middle schools.

Bill's sponsor Senator Katie Stine says Kentuckians spend more than a billion dollars a year on medical expenses resulting from obesity.

Stine says Kentuckians cannot ignore the growing obesity epidemic.

The proposal follows legislation passed two years ago that put restrictions on the types of food and drinks sold at Kentucky schools to promote healthy eating and curb childhood obesity.

Copyright 2007 by The Associated Press. All Rights Reserved

Should physical activity be a requirement in schools?

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Prescription drug summit draws Kentucky leaders

LOUISVILLE, Ky. (AP) - Top health leaders and lawmakers from
Kentucky who are trying to end multistate prescription drug
trafficking and abuse are meeting in Florida this week.

The National Rx Drug Abuse Summit, which runs Tuesday through
Thursday in Orlando, is being organized by the eastern Kentucky
anti-drug group Operation UNITE and will feature remarks by
Kentucky Gov. Steve Beshear, U.S. Surgeon General Dr. Regina M.
Benjamin and R. Gil Kerlikowkse, the nation's "drug czar."

Karen Kelly, president of Operation UNITE, told The
Courier-Journal ( ) that Kentucky is not an
island when it comes to prescription drug abuse, which kills more
Kentuckians than car wrecks.

Beshear said in a statement the summit will build "a critical
mass of urgency" including law enforcement, government and the
medical community.
Information from: The Courier-Journal,

(Copyright 2012 by The Associated Press. All Rights Reserved.)

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William & Mary

William & Mary 1800 - 1849

John Smith1801

The marble statue of Norborne Berkeley, Baron de Botetourt, originally placed on the Capitol piazza in 1773, was purchased by the faculty for $100 and moved to the College Yard, where it stood until 1958. The statue is one of the best extant examples of commemorative public sculpture from the English colonies in the United States.

1812, March 6

The Right Reverend James Madison, Bishop of Virginia and president of the College since 1777, died.

Dr. John Augustine Smith, the Reverend John Bracken's successor as president, began a series of lectures on politics. When published the following year, his work, A Syllabus of the Lectures Delivered to the Senior Students in the College of William and Mary, on Government, became one of the first textbooks on American government.

Adam Empie

An attempt to move the College to Richmond as a means of increasing enrollment proved unsuccessful. After Williamsburg ceased to be the capital of the state, the decline of the city affected the College; but despite many difficulties, William and Mary remained a vital force in Virginia's cultural life. Removal to Richmond was again attempted after the Civil War.

Beginning with this session, and continuing until 1881, a complete list of College students was kept in a matriculation register. An earlier volume, listing students from about 1780 to 1827, was known to exist in 1855, but was probably destroyed in the fire of 1859.

The first College catalog was published by Edmund Ruffin, of Petersburg, Va. This 16-page pamphlet contained a roster of faculty and students, a description of the curriculum and a list of textbooks used in each course.

Dr. John Millington offered the College's first course in civil engineering. While here, he wrote Elements of Civil Engineering (1839), one of the earliest American textbooks on the subject.

1836, July 6

Thomas Roderick Dew was appointed 13th president of the College. Under his administration the College flourished. He assembled an able faculty, and student enrollment grew to 140 in 1839-the largest in the history of the College until 1889.

College Yard 1840
1842, July 4

Following an oration by Judge Nathaniel Beverley Tucker (Class of 1802), William and Mary President Thomas R. Dew (Class of 1820, 1824 A.M.) proposed that alumni continue to meet annually on July 4 "as often as their convenience and avocations will admit." The resolution was adopted, officially establishing the Society of the Alumni, the sixth oldest alumni organization in the United States and the second oldest in the Commonwealth of Virginia.

During this period the College made repeatedly unsuccessful attempts to secure from Congress compensation for the destruction of certain buildings during the Revolutionary War.

John Johns1848-1849

Dissension arose among the Board of Visitors, the faculty and the citizens of Williamsburg regarding the administration of College affairs. "It was deemed advisable to suspend the Exercises, excepting those of the Law Class, for one year to give time for the excitement and prejudice … to subside." Benjamin S. Ewell agreed to serve as acting president for the academic year 1848-1849.

During his first year as president, the Right Reverend John Johns (see right), then Assistant Bishop of Virginia, found only 21 students enrolled at the College. Bishop Johns enlarged the faculty slightly raised the morale of the students and brought enrollment to 82 students during the last year (1853-1854) of his incumbency.


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Great Performances at the Met | The Nose | Arts & Culture | WMHT

Great Performances at the Met | The Nose

Posted by WMHT Web Editor at
GP at the Met: "The Nose"

Watch Sunday, February 23, 2014 at 1pm on WMHT TV.

William Kentridge's dazzlingly innovative production of Shostakovich's shocking, unconventional opera about a beleaguered Russian official and his runaway nose airs on Great Performances at the Met.

The Nose stars Tony Award winner (South Pacific) Paulo Szot as Kovalyov, a hapless bureaucrat who awakes one morning to discover that his nose has run away. Andrey Popov is the menacing Police Inspector and Alexander Lewis makes his company role debut as Kovalyov's peripatetic nose. Pavel Smelkov conducts.

Szot starred as Kovalyov in the 2010 Met premiere of Shostakovich’s The Nose. He won a 2008 Tony Award for his portrayal of Emile de Becque in Rodgers and Hammerstein’s South Pacific.

Kentridge is one of the world’s preeminent visual artists. His work has been the subject of major gallery shows and museum retrospectives around the world. As a stage director, he has created acclaimed multimedia productions of Büchner’s Woyzeck, Monteverdi’s Il Ritorno d’Ulisse in Patria, and Mozart’s Die Zauberflöte. He made his Met debut with this production of The Nose in 2010 and will create a new production of Berg’s Lulu in a future Met season.

Of this production, The Wall Street Journal enthused, "A wildly colorful and imaginative staging, a non-stop hour-and-a-half of ingenious, delirious mayhem." And The New York Times raved, "With unflagging energy and unfettered imagination, it powerfully seconds both the irreverent zaniness of the Gogol story on which the opera is based and the teeming exuberance of Shostakovich's music."


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Sharie Falan

Photo of Sharie Falan
Sharie L. Falan
Associate Professor
Office: (269) 387-8166
3460 Health and Human Services Building, Mail Stop 5345
Mailing address
Bronson School of Nursing
Western Michigan University
1903 W Michigan Ave
Kalamazoo MI 49008-5345 USA
Ph.D., University of Michigan
M.S.N., University of Michigan
B.S.N., Western Michigan University


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- WND - http://www.wnd.com -

'Dear Abby' dies at age 94

Posted By -NO AUTHOR- On 01/17/2013 @ 2:53 pm In Diversions,Front Page,U.S. | No Comments

(NBC NEWS) Pauline Phillips, the original “Dear Abby” advice columnist, died Wednesday at the age of 94 after a decade-long struggle with Alzheimer’s disease.

Phillips wrote the most widely syndicated column in the world — published in more than 1,200 newspapers and read by nearly 9 million people daily — under the pen name Abigail Van Buren for four decades.

In 1956, the 37-year-old housewife became a journalist, writing for the San Francisco Chronicle and, soon after, for newspapers across the country. Phillips gave advice to men and women alike, championing equal rights for women, minorities, mentally ill individuals and those suffering from disease in her column and beyond.

Article printed from WND: http://www.wnd.com

URL to article: http://www.wnd.com/2013/01/dear-abby-dies-at-age-94/

© Copyright 1997-2013. All Rights Reserved. WND.com.


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Will Chicago follow Detroit into bankruptcy?

Posted By Jerome R. Corsi On 08/08/2013 @ 9:25 pm In Front Page,Money,Politics,U.S. | No Comments

NEW YORK – Chicago, America’s third largest city, could follow Detroit into bankruptcy, warned Mayor Rahm Emanuel in the city’s “Annual Financial Analysis 2013” released last week.

“Until we pass meaningful pension reforms in Springfield, the outlook for future years is unsustainable,” Emanuel concluded bluntly, anticipating a current budget crisis that could develop into a full-fledged budget meltdown within the next four years.

Emanuel noted that Chicago’s current budget deficit of $338.7 million is expected to grow to $1.6 billion by 2016, due largely “to ballooning obligations under current pension legislation.”

Compounding the fact that pensions for public employees are less than 40 percent funded, a decline in business activity during several years of prolonged economic downturn and an exodus of higher income residents from the city have resulted until recently in a dramatic decline in Chicago’s tax revenue.

While Chicago has attempted to cut back on city services, including public school employment and police and firefighters, the city’s operating expenses are plagued by extremely high salaries, with 2,400 municipal employees earning six-figure salaries annually.

Why are most of America’s big cities strongly liberal, while virtually the rest of the country leans conservative? Find out in this jaw-dropping WND special report, “URBAN WARFARE: How the left has destroyed America’s greatest cities.”

Meanwhile, the crisis of gun violence in Chicago, despite the city’s tough gun control regulations, prompted members of Congress from the city to demand last month that the National Guard be called in to stop the “mayhem.”

What is looming in Chicago and Detroit is a crisis of increased Democratic Party-controlled government spending and an era of union-controlled public employment that is causing Democrats to soul-search for solutions that do not involve raising taxes to a level that would cripple the business activity on which much of the government revenue depends.

The New York Times reported that last week Democratic leaders in the legislature sued Democratic Gov. Pat Quinn after he announced he was withholding lawmakers’ paychecks until the legislature came up with a solution to solve the state’s pension crisis.

In July, Moody’s downgraded Chicago’s debt rating by an unexpected two grades because of the city’s large and growing pension obligations and budget pressures related to the pension crisis.

This move will increase Chicago’s cost in financing the city’s $8.2 billion of general obligation and sales tax debt.

“The current administration [of Mayor Rahm Emanuel] has made efforts to reduce costs and achieve operational efficiencies,” Moody’s said in announcing the downgrade, “but the magnitude of the city’s pension obligations has precluded any meaningful financial improvements.”

Pension crisis

Chicago pensions are determined by Illinois state law that sets the contributions and benefits for municipal employees, including teachers in the public schools, firefighters, paramedics and police.

The city’s four pension funds are only 36 percent funded, meaning the amount of money the city contributes falls short on an actuarial basis by $19.5 billion.

The unfunded pension obligation is expected to grow to more than $24.5 billion by 2017 if nothing is done to address the problem.

Since 2000, Chicago’s pension funds took two major hits.

First, when the dotcom bubble burst in 2000, the assets of the funds fell from approximately 87 percent funded to approximately 62 percent funded, due primarily to investment losses.

Then, in 2007 and 2008, the real estate-driven market drove the investment value of the pension funds from approximately 62 percent funded to 38 percent funded.

The underfunding crisis in Chicago’s pension funds has continued to worsen due in part to automatic cost-of-living benefit increases passed by the state in 2010.

Beginning in 2015, Chicago’s budget deficit is likely to grow as the city is required by state law to make far greater contributions to the pension funds, costing the city as much as it would cost to hire another 4,300 police officers.

In managing Chicago’s looming pension deficit crisis, the city and state face a dilemma common to many municipalities nationwide.

Reducing pension obligations involves negotiating with unions that are reluctant to deprive retired and retiring government employees of the benefits they have earned.

Amending future benefits is extremely unpopular with current government union workers forced to change the conditions of their future employment to reduce substantially the benefits they may expect to receive at retirement.

Quickly, images arise of the crisis faced by Wisconsin Gov. Scott Walker when union mobs stormed the state capital in Madison and launched a recall efforts to force him out of office after he demanded a reduction in the pension benefits paid to retired and retiring unionized public employees.

The problem Chicago will soon face as the city’s annual deficit grows from $338.7 million to $1.6 billion by 2016 is that municipal employees not unreasonably want their pension benefits paid as specified by their union contract with the state of Illinois, regardless whether or not the city of Chicago can pay up.

“Given the size of the unfunded liability and the dollar amount that would be required to fully fund, even over many years, tax increases and service reductions cannot be the complete answer,” Emanuel’s annual financial report noted.

Emanuel has pressed for a serious of pension reform proposals in Springfield, arguing that cost-of-living adjustments written into current law are not sustainable and that major changes in benefits paid must be made to protect Chicago taxpayers and the retirement security of its workforce.

“Increased employee contributions need to be phased in, and retirement ages are out of line with reality and do not account for longer life expectancies,” the financial report stressed.

Salary crisis

In addition to the current pension crisis, Chicago faces a salary crisis with its current municipal workforce.

Chicago has dramatically decreased its public employee workforce from 40,506 positions (42,392 full-time equivalents, or FTEs) in 2003 to 32,420 positions (33,554 FTEs) in 2013, a decrease of approximately 20 percent in the past 10 years.

Yet, despite this reduction in workforce, Chicago’s total personnel costs increased by 15 percent between 2003 and 2012, with salary and wage expenses rising by 11 percent and healthcare costs by 38 percent.

Today, 90 percent of Chicago employees are represented by a union, up from 87 percent in 2003.

Chicago engages in collective-bargaining negotiations with 40 different unions. The Fraternal Order of Police and the Chicago Firefighters Union are the two largest, with 17,482 public safety positions, including police captains, lieutenants and sergeants.

Payroll, Chicago’s single highest expense, totals $2.4 billion, with 2,400 city employees, not including school employees, making more than $100,000 a year.

Payroll costs are expected to increase $100 million in 2014, and no discussions are underway about making any cuts to any municipal employee salaries.

Chicago’s budget deficits could intensify dramatically if the city fails to meet Emanuel’s rosy forecast that the city will increase revenue $466 million in 2014 and $580 million in 2015.

Article printed from WND: http://www.wnd.com

URL to article: http://www.wnd.com/2013/08/will-chicago-follow-detroit-into-bankruptcy/

© Copyright 1997-2013. All Rights Reserved. WND.com.


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WNUR Playlist

This program was broadcast live on WNUR 89.3FM in Chicago, IL USA and streamed worldwide via our live webstream.
Show:Hidden Forms
DJ:Hidden Forms
Date:Saturday, September 28th, 2013
Time:7:00PM - 9:00PM
Start Artist Track New
7:11pm Anongrey Title Music N
7:12pm Lulu Rouge Ghost Mosquitoes N
7:12pm Plastikman Converge
7:16pm Rumpistol Talk To You (System Mix)
7:20pm Acid Jock Uptown Acid
7:22pm Architeq Birds of Prey (Fulgeance Mix)
7:25pm Neon Indian Mind, Drips (Bibio Remix)
7:29pm Gold Panda Greek Style
7:32pm Toro y Moi Blessa
7:34pm Neon Indian Polish Girl
7:38pm B. Ink Last Mistake N
7:40pm Daughter Get Lucky (Daft Punk Cover)Holtoug edit N
7:47pm Gold Panda Marriage (Baths Remix)
7:51pm Genesis Entangled (Mrs. Jynx Mix)
7:54pm Perfect Sound Forever Blue Sunshine
7:56pm Lost Integrity Nigh Sonnets
8:00pm Powernap and Lost Integrity 173 2
8:01pm Trick Knobs Feed Not Fight
8:03pm Phaelam Southern Cross
8:04pm Smokes Beniled
8:04pm Lost Integrity Connection
8:07pm Future Sound of London Fractional Difference
8:09pm Future Sound of London Eggshell
8:14pm gallerie Strateque Eclaircie
8:17pm Lulu Rouge Sign Me Out
8:21pm Actress N.E.W.
8:27pm Worpo Cotton Mouth (virtual Flannel mix)
8:33pm Virtual Flannel Neon Waves
8:34pm Params Y Inductance N
8:37pm Params Dissipate N
8:40pm Trentemoller Trails N
8:43pm Teen Daze Watch Over Me
8:46pm Washed Out All I Know N
8:51pm Washed Out You'll See It
8:52pm Neon Indian Deadbeat Summer
8:52pm Aphex Twin and Global Goon Moon Pool
8:52pm Deadmau5 HE 8938 Cephei
More Playlists


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New York Review of Books at 50

Bob Silvers, editor of the New York Review of Books, and contributors John Banville and Darryl Pinckney, discuss the publication’s 50th anniversary. A year of special events to celebrate the anniversary launches with a large public event at Town Hall on Tuesday, February 5, that will include contributors Michael Chabon, Joan Didion, John Banville, Mary Beard, Daniel Mendelsohn, Darryl Pinckney, and Mark Danner.


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Perfect Passages

Fresh out of college in the mid-60's but still studying privately in Paris, Philip Glass lamented he didn't have enough exposure to world music- until he met Ravi Shankar, that is. The two immediately hit it off, resulting in a lasting friendship that led to their album together called Passages, in 1990. Although they have very distinctive and unique styles, we can hear the friends practically completing each other's sentences- musically speaking- in perfect tandem. Tonight we hear Ragas in a Minor Scale. Also, music of Phil Kline and Leos Janacek

Music Playlists

View WNYC's music playlists dating back to 2001 (full playlists are generally posted the day after broadcast). For playlist inquiries, please contact Listener Services via email or at 646-829-4000.

The first hour of Evening Music is available for streaming soon after 8pm.


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The Rape of Europa

What would happen if the Mona Lisa or Michelangelo’s David were destroyed? Well, this almost happened during the Third Reich and World War II as part of the Nazi’s large-scale theft of European art. “The Rape of Europa” tells the story of the theft, destruction, and remarkable survival of many of Europe’s art treasures. Leonard is joined by Richard Berge, who wrote, directed, and produced this documentary.

Events: “The Rape of Europa” opens September 14 in New York at the Angelika Film Center and the Paris Theatre


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Debbie Wasserman Schultz's Parental Perspective on Politics

Congresswoman and Democratic National Committee Chair Debbie Wasserman Schultz talks about the challenges facing America and how they will affect future generations. For the Next Generation: A Wake-Up Call to Solving Our Nation’s Problems  discusses how important issues have been sidelined by gridlock in a Congress that is too concerned about the next election to worry about the future, and how the group of Americans who have the most to lose from this dysfunction are the ones least represented in government: America’s children. For the Next Generation is a call to action, one mother’s challenge to her congressional colleagues and to the rest of the nation, to adopt a parent’s perspective for doing right by kids.


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Gun Rights and Starbucks; Library Awards; Miss Manners

5 segments

Starbucks has asked that customers not bring guns into their stores. Paul Barrett, author of Glock: The Rise of America's Gun, explains the message and how gun rights advocates are reacting. Plus: we hear about the Syrian reaction to the possibility of international or US intervention in that country, and what the conditions are on the ground; librarians from the winners of the NYC Neighborhood Library Awards talk about their plan for the prize money; and Judith Martin (aka “Miss Manners”) and her son Nicholas Ivor Martin, talk about business etiquette.


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Lastest WNYLRC Blog Posts

Buffalo Olmsted Parks Conservancy in Spotlight
posted Wednesday, July 1, 2015
We are always thrilled when a WNYLRC member receives accolades or positive press and highlights what we already know are the institution’s virtues.  This is exactly what happened when WNED televised their own production this week, Frederick Law Olmsted:  Designing Western New York.  In a beautifully shot documentary, WNED extolled the talents of the man […]

View Full Post
Margaret Atwood–First Up in Future Library
posted Monday, June 29, 2015
In this world of “nothing is ever fast enough”, the seeds of an idea for delaying gratification is certainly a novel one.  This is exactly what the Future Library in Norway is all about.  Katie Patterson, the creator of Future Library, wants the participant to think far into the future instead of the instant gratification […]

View Full Post


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Featured News - Current News - Archived News - News Categories

NYPA engineer earns industry honor

by jmaloni

Sat, Jun 7th 2014 10:30 am

West Seneca-resident Joe Kessler, senior vice president of power generation for the New York Power Authority, received the 2014 Professional Engineer in Government Award from the New York State Society of Professional Engineers Thursday at the society's annual meeting held in Riverhead on Long Island.

Kessler is responsible for oversight of the operation of NYPA's 16 statewide electric power-generating facilities, including the Niagara Power Project and the St. Lawrence Franklin D. Roosevelt Power Project - among the largest hydroelectric plants in the nation.

Kessler, an electrical engineer, received his Bachelor of Science in electrical engineering, Master of Engineering in energy systems and a Master in Business Administration from the State University of New York at Buffalo. He is a senior member of Institute of Electrical and Electronics Engineers, director of the Erie-Niagara Chapter of the NYSSPE, and NYPA's representative to the Electric Power Research Institute's research advisory committee.

The NYSSPE's Professional Engineer in Government Award is presented annually. It recognizes a professional engineer in government who, during a career in public service, has made an outstanding contribution to public health, safety and/or welfare, the engineering profession, and the goals of the Society of Professional Engineers through demonstrated managerial ability and professional engineering achievement.

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Featured News - Current News - Archived News - News Categories

Buffalo Sabres add to hockey department staff

by jmaloni

Mon, Aug 4th 2014 10:15 pm

Murphy, Royce join scouting staff; Jakubowski named assistant GM

The Buffalo Sabres today announced Rob Murphy and Greg Royce have been added to the team's hockey department in the roles of director of scouting and director of amateur scouting, respectively. The team also announced Mark Jakubowski has been named assistant general manager, serving under club general manager Tim Murray.

Jakubowski, entering his 10th year with the Sabres, spent the past six years as the assistant to the general manager and also served as director of hockey administration for one year. His responsibilities include salary cap analysis, contract research relating to player negotiations and arbitrations, managing player transfers, team roster administration, and all matters relating to compliance with the NHL collective bargaining agreement and other NHL agreements. Jakubowski also assists with the American Hockey League hockey operations of the team's minor league affiliate, the Rochester Americans.

Murphy joins the Sabres as director of scouting after four years as a pro scout for the Ottawa Senators and three years as a scout for the Phoenix Coyotes. After being selected in the second round of the 1987 NHL Entry Draft, the Hull, Quebec, native appeared in 125 NHL games in seven seasons, recording 21 points (9 goals, 12 assists) as a member of the Senators, Los Angeles Kings and Vancouver Canucks.

Royce joins the Sabres as the director of amateur scouting and begins his 18th year as a member of an NHL scouting staff after spending the past six seasons as an amateur scout with the Ottawa Senators. Prior to his time with the Senators, Royce served as an amateur scout for three seasons with the Phoenix Coyotes and worked eight seasons with the Nashville Predators, including three as the Predators' assistant director of amateur scouting. Prior to his scouting career, Royce served as head coach of the Quinte Hawks (MetJHL) for one season, coaching the team to a 34-13-3 record, and also served as head coach of the Wellington Dukes (MetJHL) for four seasons. A native of Belleville, Ontario, Royce played three seasons of OHL hockey as a member of the Belleville Bulls and Guelph Platers. He also played four years at Dalhousie University, and spent two years playing in Germany.

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