progression fielding: June 2012

Thursday, June 28, 2012

How To Make Money Online ? Best Internet Marketing System ...

Posted by Juan on June 27, 2012

How To Make Money Online Today Click Here ? tinyurl.com ?How To Make Money Online? Fast & Easy ?Work From Home Business?: Are you wondering why other people are making thousands of dollars by only working at home?Would you be interested to be one of those who really make money online? You can really earn money on the internet through a legitimate real work at home money making program! This is not a ?get rich quick?scheme but you?ll earn 0 dollars EVERYDAY at your home. This is an easy, fast money making internet job. All you need is your compute with an internet connection. This is a way to make money online! NO Selling NO Buying NO Calling NO website to maintain! Get paid by Paypal on-time! This is a great home based business for people who wants to build a solid income from the web. Get a REAL internet job today! You can work at home to make easy money online fast in the next 5 minutes. To join,just visit the website, and get started! How to Make Money Online Earn 0 EVERYDAY Work at Home Jobs Fast Easy Cash for Home Based Internet Job Opportunities Get Paid Paypal Working on the Web Money Making Affiliate Program Get Rich Quick Internet Marketing Income! Great! You?ve just found out the best money making opportunity on the internet. This is you how to make money online through a REAL work from home internet job. This is a legit internet business. This is the best money making method that can be found on the web. If you?re searching for the best way to make money ?
Video Rating: 4 / 5

zappos john elway john elway i have a dream speech fox news debate martin luther king jr mlk

UK discussed potential criminal aspect of Libor fixing

[ [ [['Connery is an experienced stuntman', 2]], 'http://yhoo.it/KeQd0p', '[Slideshow: See photos taken on the way down]', ' ', '630', ' ', ' ', ], [ [['Connery is an experienced stuntman', 7]], ' http://yhoo.it/KpUoHO', '[Slideshow: Death-defying daredevils]', ' ', '630', ' ', ' ', ], [ [['know that we have confidence in', 3]], 'http://yhoo.it/LqYjAX ', '[Related: The Secret Service guide to Cartagena]', ' ', '630', ' ', ' ', ], [ [['We picked up this other dog and', 5]], 'http://yhoo.it/JUSxvi', '[Related: 8 common dog fears, how to calm them]', ' ', '630', ' ', ' ', ], [ [['accused of running a fake hepatitis B', 5]], 'http://bit.ly/JnoJYN', '[Related: Did WH share raid details with filmmakers?]', ' ', '630', ' ', ' ', ], [ [['accused of running a fake hepatitis B', 3]], 'http://bit.ly/KoKiqJ', '[Factbox: AQAP, al-Qaeda in Yemen]', ' ', '630', ' ', ' ', ], [ [['have my contacts on or glasses', 3]], 'http://abcn.ws/KTE5AZ', '[Related: Should the murder charge be dropped?]', ' ', '630', ' ', ' ', ], [ [['have made this nation great as Sarah Palin', 5]], 'http://yhoo.it/JD7nlD', '[Related: Bristol Palin reality show debuts June 19]', ' ', '630', ' ', ' ', ], [ [['have made this nation great as Sarah Palin', 1]], 'http://bit.ly/JRPFRO', '[Related: McCain adviser who vetted Palin weighs in on VP race]', ' ', '630', ' ', ' ', ], [ [['A JetBlue flight from New York to Las Vegas', 3]], 'http://yhoo.it/GV9zpj', '[Related: View photos of the JetBlue plane in Amarillo]', ' ', '630', ' ', ' ', ], [ [['the 28-year-old neighborhood watchman who shot and killed', 15]], 'http://news.yahoo.com/photos/white-house-stays-out-of-teen-s-killing-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120411/martinzimmermen.jpg', '630', ' ', 'AP', ], [ [['He was in shock and still strapped to his seat', 6]], 'http://news.yahoo.com/photos/navy-jet-crashes-in-virginia-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/cv/ip/ap/default/120406/jet_ap.jpg', '630', ' ', 'AP', ], [ [['xxxxxxxxxxxx', 11]], 'http://news.yahoo.com/photos/russian-grannies-win-bid-to-sing-at-eurovision-1331223625-slideshow/', 'Click image to see more photos', 'http://l.yimg.com/a/p/us/news/editorial/1/56/156d92f2760dcd3e75bcd649a8b85fcf.jpeg', '500', ' ', 'AP', ] ]

[ [ [['did not go as far his colleague', 8]], '29438204', '0' ], [ [[' the 28-year-old neighborhood watchman who shot and killed', 4]], '28924649', '0' ], [ [['because I know God protects me', 14], ['Brian Snow was at a nearby credit union', 5]], '28811216', '0' ], [ [['The state news agency RIA-Novosti quoted Rosaviatsiya', 6]], '28805461', '0' ], [ [['measure all but certain to fail in the face of bipartisan', 4]], '28771014', '0' ], [ [['matter what you do in this case', 5]], '28759848', '0' ], [ [['presume laws are constitutional', 7]], '28747556', '0' ], [ [['has destroyed 15 to 25 houses', 7]], '28744868', '0' ], [ [['short answer is yes', 7]], '28746030', '0' ], [ [['opportunity to tell the real story', 7]], '28731764', '0' ], [ [['entirely respectable way to put off the searing constitutional controversy', 7]], '28723797', '0' ], [ [['point of my campaign is that big ideas matter', 9]], '28712293', '0' ], [ [['As the standoff dragged into a second day', 7]], '28687424', '0' ], [ [['French police stepped up the search', 17]], '28667224', '0' ], [ [['Seeking to elevate his candidacy back to a general', 8]], '28660934', '0' ], [ [['The tragic story of Trayvon Martin', 4]], '28647343', '0' ], [ [['Karzai will get a chance soon to express', 8]], '28630306', '0' ], [ [['powerful storms stretching', 8]], '28493546', '0' ], [ [['basic norm that death is private', 6]], '28413590', '0' ], [ [['songwriter also saw a surge in sales for her debut album', 6]], '28413590', '1', 'Watch music videos from Whitney Houston ', 'on Yahoo! Music', 'http://music.yahoo.com' ], [ [['keyword', 99999999999999999999999]], 'videoID', '1', 'overwrite-pre-description', 'overwrite-link-string', 'overwrite-link-url' ] ]

urban meyer ohio state traffic report traffic report opensky dia frampton dia frampton zook

Wednesday, June 27, 2012

Kick start your new business with email marketing

It is weird to think that in 1998 just 9% of households in the UK had access to the internet. Now, just fourteen years later life without the internet is impossible to imagine. Absolutely everything is on the internet these days. A vast majority of the world?s population has an email address, and most businesses, no matter what they are involved with, have a website or uses the internet for some purpose.

In the current climate in Britain, and many other countries around the world, it is incredibly difficult to start up a new business. Either it has already been done somewhere by someone, or with most people worrying about money it is hard to find a service or a product that people are willing to shell out for.

It can be argued that the introduction of the internet has saturated the business market. It has killed off local businesses, as customers have begun to opt for the quick and easy method of buying online. The internet has also brought all businesses up to the same level, meaning that small businesses are competing on a level playing field with giant global businesses.

The internet certainly brings with it some undeniable negatives but also some unbelievable positives, and has brought about a new kind of competition and business skill to see who can utilise the internet to its maximum potential for the good of the business.

Whether you have set up a business online or on the high street, it is vital in this day and age to make the most of what the internet has to offer you. Networking and link building on social networking sites has become the norm for a huge amount of companies as they see it as the perfect opportunity to reach a large customer base without any outgoings in terms of effort or finances.

However, it is important that you do not stop at this. There is no doubt that this kind of brand awareness is priceless for a rising business, however there is so much more that the internet can do for you. Do not forget that even more than social networking profiles, people have email addresses, whether they are personal or for work purposes, almost everybody in Britain can be reached by email in some form or another.

?This is yet again an unbelievable opportunity to circulate awareness of your business if you do things right. You may opt to try and do things alone, however there are hundreds of companies that can provide a mailing list service for you that will have people spreading the word about your brand in no time at all.

valentines day cards hallmark grammy winners obama budget woolly mammoth belize resorts nikki minaj grammy performance

First full universe simulation zooms in on dark matter

Sandrine Ceurstemont, editor, New Scientist TV

Most of the universe is thought to be made up of mysterious dark matter that nobody has ever seen. Now you can get a glimpse of what its structure might look like thanks to the first simulation that spans the whole observable universe.?

Created by Jean-Michel Alimi?from the French National Centre for Scientific Research (CNRS) and colleagues from the DEUS consortium, the model covers 90 billion light years, which is the size of the universe that we are able to see, and follows 550 billion particles the mass of our Milky Way. This video starts with a large scale view of the distribution of dark matter in the cosmos today, which looks quite homogeneous. But as it zooms in, its structure becomes visible, showing clumps and filaments separated by expanses of void.

The simulation traces the evolution of dark matter as predicted by the standard model of cosmology, from the time the universe was in its infancy to the present. It mimics gravitational forces between all the clumps and the fact that they are moving in an expanding universe.

The team plans to complete further simulations using two other cosmological models. If dark matter is ever observed, a comparison with these theoretical results could help determine which model is valid.

The system should also be sophisticated enough to generate a more detailed picture of the universe. "These simulations concern only gravity and dark matter," says Pier-Stefano Corasaniti, a member of the team. "But I think the performance of the algorithms are becoming efficient enough to run simulations that include baryonic gas or dark energy fluid itself."

If you enjoyed this post, see what the shape of dark matter around the Milky Way might look like or watch our One-Minute Physics episode about dark matter.

jk rowling qnexa kingdom of heaven national enquirer whitney houston arizona republican debate arizona debate enquirer

Slacker, ABC Radio Launch Personalized Stations for Men, Women ...

Your Here ?
other techno news ? Slacker, ABC Radio Launch Personalized Stations for Men, Women

Slacker Radio, in conjunction with ABC Radio, announced the launch of two new lifestyle stations today. The customizable stations, entitled Men?s Life and Women?s Life, give Slacker Radio listeners targeted talk designed to appeal to each gender.

The Men?s Life channel features content from a numerous lifestyle categories including Health & Fitness, Games & Gadgets, Food & Drink, Style & Fashion, Cars & Gear, Tech, Travel & Adventure, Entertainment, Money, Relationships, Green Living and Home Improvement. The Women?s Life channel dives into Hair & Beauty, Style & Fashion, Relationships, Health & Fitness, Money, Entertainment, Food & Drink, Home Living, Tech, Parenting, Travel & Adventure and Green Living.

?Our new lifestyle stations capture the most interesting content for men and women from experts in over a dozen subjects,? said Jonathan Sasse, senior vice president of marketing at Slacker. ?No other radio service is providing access to content like this, and it is important to us that these stations include the option to customize based on the topics each listener finds most interesting.?

All Slacker Radio users can tune into the Men?s Life and Women?s Life channels, but Slacker Radio Plus and Slacker Premium Radio subscribers have the ability to create their own custom lifestyle stations featuring topics of interest. Users can also prioritize content, and determine male-centric or female-centric content by selecting one of the two options from a drop-down box (when applicable).

?Since men and women often have different interests, our new Mens Life and Womens Life channels appeal to different sensibilities and styles,? said Steve Jones, vice president and general manager of ABC News Radio. ?We curate this content to make it unique but ultimately Slacker listeners drive their own experience since they can skip stories within each channel just as they do now with songs.?

For more on Slacker Radio, check out PCMag?s full review of the stream audio service, and the slideshow below: Spotify, Slacker, or Pandora: Which Streaming Music Service Is Right For You?

View Slideshow See all (6) slides

No related posts.

george clooney rutgers dharun ravi george clooney arrested ravi leigh espn

Facebook disactivates tool for finding friends in the vicinity

congress censored jerry yang stop sopa justified southland sopa blackout

FDA probes safety issues with metal hip implants

WASHINGTON (AP) ? Metal hip replacements implanted in a half-million Americans may be failing earlier than expected, but it could be years before U.S. health regulators have a clear picture of the problem.

The Food and Drug Administration holds a two-day meeting starting Wednesday to scrutinize the safety of metal-on-metal hip implants, following years of patient reports of pain and swelling that sometimes requires removal of the devices. It is a challenging, but familiar, predicament for the FDA: reviewing the safety of a device that was expected to be superior, but which may actually be more dangerous than what came before.

For decades nearly all orthopedic implants were made from plastic or ceramic. But in the last 10 years some surgeons began to favor implants made with metal stems and sockets. Laboratory tests suggested the devices would be more resistant to wear and reduce the chances of dislocation.

But recent data gathered by surgeons in the U.K. appears to show just the opposite.

In March, British experts at the world's largest artificial joint registry told doctors to stop using metal-on-metal hip replacements, citing an analysis showing they have to be replaced more often than other implants. Hip replacements are supposed to last between 10 to 15 years, but more than 6 percent of patients with metal hips needed them replaced after less than five years. That compared with just 2 percent of people who had ceramic or plastic joints. Both types of devices are prescribed for people suffering hip pain and limited movement due to arthritis or injury.

British regulators now recommend that people who have the implants get yearly blood tests to make sure no dangerous metals are seeping into their bodies as the components rub against each other.

The FDA has not made any recommendations of its own for the estimated 500,000 American patients with the devices.

FDA scientists say they want to consider all available information before making their recommendations ? not just the data from the U.K.

"Why look at a single registry when there's data from around the world?" said Dr. William Maisel, FDA's chief scientist for medical devices, in an interview with the Associated Press. "This is an opportunity for us to look at all the available information so that we can have a thoughtful conversation about what clinical recommendations can be made."

Maisel said the FDA is working to combine data from foreign countries and the U.S. to determine which groups of patients and implants are most problematic. On Wednesday and Thursday the FDA will ask a panel of experts to recommend the best practices for monitoring patients with the devices. Panelists will consider blood tests, medical imaging and laboratory tests.

But some U.S. orthopedic specialists say they have already reached their own conclusions about metal hips.

"In my personal opinion there is very little room, if any, for metal-on-metal implants because the alternatives we have on the market are likely safer and as effective," said Dr. Art Sedrakyan, professor of public health at Weill Cornell Medical College in New York.

The FDA's deliberative approach to tackling the hip implant issue is in some ways a necessity. Unlike other countries, the U.S. has no national registry to track the performance of implants over time.

The FDA received 16,800 negative event reports involving metal hips between 2000 and 2011, but regulators stress that number is not very useful. Many doctors do not report problems to the FDA, and the volume of reports is influenced by news reports on safety issues.

A registry set up by Minnesota's HealthEast Care System recorded four times as many replacement surgeries for patients with metal-on-metal hips as those with other implant types. However, a similar registry set up by health care provider Kaiser Permanente found no difference between the two groups.

With little definitive data on U.S. hip implants, the agency has asked manufacturers like Johnson & Johnson, Zimmer Holdings Inc. and Biomet Inc. to conduct long-term, follow-up studies of more than 100 metal-on-metal hips on the U.S. market.

FDA scientists say the studies will help "fill in the blanks" on a number of scientific questions, including the effects of metal particles that often seep into the bloodstream as the implants wear down.

But Sedrakyan and others say it could be a decade or more before that information is available. In a commentary published last week in the New England Journal of Medicine, Sedrakyan and two co-authors pointed out those studies must run at least eight years to return the information FDA is seeking. Based on the authors' analysis of FDA records, the FDA has reached agreements on the design of less than 25 percent of the studies, and it's unclear whether any of the studies have actually begun. The FDA notified the companies last May.

The prospect of safety findings arriving in eight or 10 years is little comfort to patients like Mary Weaver, 48, who had both hips replaced with a metal implant from Johnson & Johnson in 2007 and 2008. J&J recalled the ASR hip replacement in 2010, after reports that it was failing in some patients after only a few years of implantation.

Due to increasing pain and elevated metal levels in her blood, Weaver had both implants removed in 2011. She was let go from her job due to the time needed to undergo both surgeries, and is currently unemployed.

"I hope that no one has to go through this ? it's frustrating, it's emotionally draining," said Weaver, who lives in Mount Jackson, Va. "It's not just hard on you, it's hard on your whole family because your quality of life is not what it used to be."

Like 90 percent of medical devices sold in the U.S., most metal-on-metal hips were approved via the FDA's fast track program for medical devices. Under the so-called 510k system, the agency waives clinical testing requirements for devices which appear similar to others already in use. Since plastic and ceramic hip replacements had been on the market since the 1950s, most metal hip replacements were approved without new clinical testing.

"I am so furious they would use my wife as a lab rat, along with the other 500,000 people who don't have a clue what is happening," said Dwight Schrag, 69, of Bellevue, Wash. Schrag's wife Mary received J&J's ASR hip in 2006 and had it removed due to pain and other side effects in 2010. Schrag is one of a number of speakers who have signed up to speak during a public comment session at the FDA meeting.

It's not the first time the FDA's fast-track program for clearing devices has come under fire.

Last summer the Institute of Medicine said in a report that the FDA should abandon the 35-year-old system because it provides little assurance that the implants are actually safe. The Institute is composed of medical experts who advise the federal government.

Although the FDA itself requested the report from the Institute, agency officials rejected the group's conclusions, saying the 510k system works well for the vast majority of devices.

barnaby the cabin in the woods the cabin in the woods trace adkins the darkest hour the darkest hour neverland

Tuesday, June 26, 2012

Networking - What is networking and Relationships? 06/25 by ...

Sorry, Readability was unable to parse this page for content.

bear grylls us news law school rankings gael glen rice jr bars lindzi cox redskins

Monday, June 25, 2012

Michigan Ski Safety Act ? Recreation Law

Posted: June 25, 2012 | Author: Jim Moss | Filed under: Michigan, Ski Area Statutes | Tags: Colorado, Michigan Compiled Laws, Michigan Ski Safety Act, MSSA, Piste, Ski, Ski Resort, Sports, United States, winter sports |

CHAPTER 408 LABOR

SKI AREA SAFETY ACT

MCL ? 408.321

Preceding ? 408.321

An act to provide for the inspection, licensing, and regulation of ski areas and ski lifts; to provide for the safety of skiers, spectators, and the public using ski areas; to provide for certain presumptions relative to liability for an injury or damage sustained by skiers; to prescribe the duties of skiers and ski area operators; to create a ski area safety board; to provide for the disposition of revenues; to provide for liability for damages which result from a violation of this act; to provide civil fines for certain violations of this act; and to provide criminal penalties for certain violations of this act. (Amended by Pub Acts 1981, No. 86, imd eff July 2, 1981; 1995, No. 120, imd eff June 30, 1995.)

MCL ? 408.321

? 408.321. Short title.

Sec. 1. This act shall be known and may be cited as the ?ski area safety act of 1962?.

MCL ? 408.322

? 408.322. Definitions.

Sec. 2. As used in this act:

(a) ?Board? means the ski area safety board.

(b) ?Commissioner? means the director of commerce or an authorized representative of the director.

(d) ?Operator? means a person who owns or controls, or who has operational responsibility for, a ski area or ski lift. An operator includes this state or a political subdivision of this state.

(e) ?Passenger? means a person, skier or nonskier, who boards, disembarks from, or is transported by a ski lift, regardless of whether the ski lift is being used during the skiing season or nonskiing season, and includes a person waiting for or moving away from the loading or unloading point of ski lift.

(f) ?Ski area? means an area used for skiing and served by 1 or more ski lifts.

(g) ?Skier? means a person wearing skis or utilizing a device that attaches to at least 1 foot or the lower torso for the purpose of sliding on a slope. The device slides on the snow or other surface of a slope and is capable of being maneuvered and controlled by the person using the device. Skier includes a person not wearing skis or a skiing device while the person is in a ski area for the purpose of skiing.

(h) ?Ski lift? means a device for transporting persons uphill on skis, or in cars on tracks, or suspended in the air by the use of cables, chains, belts, or ropes, and usually supported by trestles or towers with 1 or more spans. Ski lift includes a rope tow.

MCL ? 408.323

? 408.323. Safety board; members.

Sec. 3. A ski area safety board consisting of 7 members is created within the office of the commissioner. The board consists of 3 ski area managers, 1 from the Upper Peninsula and 2 from the Lower Peninsula; 1 engineer with skiing experience; 1 member of the central United States ski association, a nonprofit corporation; 1 person with skiing experience from the Upper Peninsula representing the general public; and 1 with skiing experience from the Lower Peninsula representing the general public. The commissioner and an officer of the Michigan tourist council are ex officio members of the board without vote.

MCL ? 408.324

? 408.324. Safety board members; appointment; term; filling of vacancies.

Sec. 4. Members of the board shall be appointed by the governor with the advice and consent of the senate for terms of 4 years and until their successors are appointed and qualified. Vacancies in the board shall be filled for the unexpired term.

MCL ? 408.325

? 408.325. Officers; quorum; meetings; compensation and expenses; compliance with Open Meetings Act.

Sec. 5. (1) The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. The board shall elect a chairperson and other officers it considers necessary to perform its duties between meetings. A majority of the 7 voting members shall constitute a quorum. The board shall meet not less than once yearly on the call of the chairperson or by written request of not less than 3 members.

(2) The per diem compensation of the members of the board, other than the commissioner, and the schedule for reimbursement of expenses shall be established annually by the legislature.

MCL ? 408.326

? 408.326. Rules; fee schedules.

Sec. 6. (1) The board shall promulgate rules for the safe construction, installation, repair, use, operation, maintenance, and inspection of all ski areas and ski lifts as the board finds necessary for protection of the general public while using ski areas and ski lifts. The rules shall be reasonable and based upon generally accepted engineering standards, formulas, and practices.

(2) The board, with the advice of the commissioner, shall propose legislation to establish the fee schedule for permits, inspections, and plan review activities. The fees shall reflect the actual costs and expenses of the department for issuing permits and conducting inspections and plan reviews.

MCL ? 408.326a

? 408.326a. Duties of ski area operators.

Sec. 6a. Each ski area operator shall, with respect to operation of a ski area, do all of the following:

(a) Equip each snow-grooming vehicle and any other authorized vehicle, except a snowmobile, with a flashing or rotating yellow light conspicuously located on the vehicle, and operate the flashing or rotating yellow light while the vehicle is moving on, or in the vicinity of, a ski run. A snowmobile operated in a ski area shall be operated with at least 1 operating white light located on the front of the snowmobile.

(b) Mark with a visible sign or other warning device the location of any hydrant or similar fixture or equipment used in snow-making operations located on a ski run, as prescribed by rules promulgated under section 20(3).

(c) Mark the top of or entrance to each ski run, slope, and trail to be used by skiers for the purpose of skiing, with an appropriate symbol indicating the relative degree of difficulty of the run, slope, or trail, using a symbols code prescribed by rules promulgated under section 20(3).

(d) Mark the top of or entrance to each ski run, slope, and trail which is closed to skiing, with an appropriate symbol indicating that the run, slope, or trail is closed, as prescribed by rules promulgated under section 20(3).

(e) Maintain 1 or more trail boards at prominent locations in each ski area displaying that area?s network of ski runs, slopes, and trails and the relative degree of difficulty of each ski run, slope, and trail, using the symbols code required under subdivision (c) and containing a key to that code, and indicating which runs, slopes, and trails are open or closed to skiing.

(f) Place or cause to be placed, if snow-grooming or snowmaking operations are being performed on a ski run, slope, or trail while the run, slope, or trail is open to the public, a conspicuous notice at or near the top of or entrance to the run, slope, or trail indicating that those operations are being performed.

(g) Post the duties of skiers and passengers as prescribed in sections 21 and 22 and the duties, obligations, and liabilities of operators as prescribed in this section in and around the ski area in conspicuous places open to the public.

(h) Maintain the stability and legibility of all required signs, symbols, and posted notices.

MCL ? 408.327

? 408.327. Promulgation of rules.

Sec. 7. The rules shall be promulgated pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.

MCL ? 408.328

? 408.328. Administration and enforcement of act.

Sec. 8. The commissioner, subject to the limitations herein contained and the rules and regulations of the board, shall administer and enforce the provisions of this act.

MCL ? 408.329

? 408.329. Ski lifts, permits required; inspections, original and annual.

Sec. 9. No person shall operate a ski lift without a permit issued by the commissioner. On or before October 1 of each year an operator shall apply for a permit to the commissioner on a form furnished by the commissioner and containing such information as the board may require. All ski lifts shall be inspected before they are originally put into operation for the public?s use and thereafter at least once every 12 months, unless permitted to operate on a temporary permit.

MCL ? 408.330

? 408.330. Temporary permits.

Sec. 10. The commissioner may issue a temporary permit for 30 calendar days to an operator, who has previously been operating in this state on a regular or annual basis, to continue operation. An inspection of his ski lifts shall be made within 30 days from the issuance of the permit. A ski lift inspected and covered by a permit in the preceding year may operate on a temporary basis until further inspected.

MCL ? 408.331

? 408.331. Permit; issuance; expiration.

Sec. 11. If upon inspection a ski lift is found to comply with the rules and regulations of the board, the commissioner shall issue a permit to operate. A permit shall expire on September 30 of the following year.

MCL ? 408.332

? 408.332. Ski lifts; construction, moving, alteration; plans and specifications, filing, approval; permit for work; exclusions.

Sec. 12. Before a new ski lift is erected, or before a presently existing ski lift is moved to a different location, or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any ski lift, the operator shall file with the department detailed, duplicate plans and specifications of such work. The plans and specifications shall be prepared by a qualified tramway firm or by an engineer, licensed in this state as a professional engineer, in accordance with Act No. 240 of the Public Acts of 1937, as amended, being sections 338.551 to 338.576 of the Compiled Laws of 1948. Upon approval of plans and specifications, the department shall issue a permit for such work. All rope tows shall be excluded from this section.

MCL ? 408.333

? 408.333. Temporary cessation of operations; resumption.

Sec. 13. The commissioner or board may order, in writing, a temporary cessation of operation of a ski lift if it has been determined after inspection to be hazardous or unsafe. Operation shall not resume until such conditions are corrected to the satisfaction of the commissioner or board.

MCL ? 408.334

? 408.334. Preexisting structures.

Sec. 14. This act shall not be construed to prevent the use of any existing installation, upon inspection found to be in a safe condition and to conform with the rules and regulations of the board.

MCL ? 408.335

? 408.335. Noncomplying operators; modification of rules.

Sec. 15. If there are practical difficulties or unnecessary hardships for an operator to comply with the rules and regulations under this act, the commissioner, with the approval of the board, may modify the application of such rules or regulations to such a situation, if the spirit of the provisions shall be observed and the public safety is secured. Any operator may make a written request to the board stating his grounds and applying for such modification. Any authorization by the commissioner and the board shall be in writing and shall describe the conditions under which the modification is permitted. A record of all modifications shall be kept in the department and open to the public.

MCL ? 408.336

? 408.336. Fees; authorized inspectors; receipts.

Sec. 16. (a) An application for a permit shall be accompanied by fees of:

$25.00 for an annual permit; or

$2.00 for each rope tow,

$5.00 for each T bar, J bar or platter pull,

$15.00 for each chair lift or skimobile, and

$30.00 for each aerial tramway,if greater than the $25.00 annual permit fee.

(b) Inspection fees shall be as follows:

$8.00 for each rope tow,

$20.00 for each T bar, J bar or platter pull,

$60.00 for each chair lift or skimobile,

$120.00 for each aerial tramway, and

$50.00 for reinspections or special inspections at an operator?s request. Any operator may employ any person, partnership or corporation, approved by the commissioner and board, to make the inspections. Inspections made by any person, partnership, or corporation, that may be employed by an operator, shall be on forms furnished or approved by the department. Inspection fees shall be waived when the annual permit application is accompanied by such an inspection report.

(c) Fees for review and approval of plans prior to construction shall be $200.00 for a chair lift, T bar, J bar, platter pull or tramway.Fees for review and approval of plans for modification and alteration of an existing lift shall be $50.00.

(d) Fees shall be paid to the department, which shall give receipts therefor.

MCL ? 408.337

? 408.337. Chief inspector; other employees.

Sec. 17. The department, with the advice and consent of the board, shall employ or retain a person qualified in engineering and training who shall be designated chief inspector. The chief inspector and such additional inspectors and other employees as may be necessary to properly administer this act may be hired on a temporary basis or borrowed from other state departments, or the department may contract with persons, partnerships or corporations for such inspection services on an independent basis.

MCL ? 408.338

? 408.338. Disposition of fees; payment of expenses.

Sec. 18. All fees for permits or inspections, or any other income received under this act, shall be paid into the general fund. All salaries and other moneys expended under this act shall be paid by the state treasurer from a fund appropriated by the legislature.

MCL ? 408.339

? 408.339. Notices; publication.

Sec. 19. (1) In addition to the notice prescribed in section 5(1) notice of a public hearing held under this act shall be published not less than once and not less than 10 days before the hearing, in newspapers of general circulation prescribed by the commissioner.

MCL ? 408.340

? 408.340. Violations; violations of Open Meetings Act, penalties; implementation; maximum penalties.

Sec. 20. (1) Except for sections 21 to 24, and except as provided in subsection (2), a person who violates this act, or a rule or order promulgated or issued pursuant to this act, or a person who interferes with, impedes, or obstructs the commissioner, an authorized representative of the commissioner, or a board member in the performance of duties prescribed by this act, is guilty of a misdemeanor. Each day a violation or other act continues shall be considered a separate offense.

(2) A member of the board who intentionally violates section 5(1) shall be subject to the penalties prescribed in Act No. 267 of the Public Acts of 1976, as amended.

(3) Not more than 270 days after the effective date of this subsection, the board shall, pursuant to section 7, promulgate rules consistent with this act to implement this act, except for subsection (2) and sections 21, 22, 23, and 24, not to exceed $50.00 for each violation.

MCL ? 408.341

? 408.341. Conduct of skier; prohibited acts.

Sec. 21. (1) A skier shall conduct himself or herself within the limits of his or her individual ability and shall not act or ski in a manner that may contribute to his or her injury or to the injury of any other person. A skier shall be the sole judge of his or her ability to negotiate a track, trail, or slope.

(2) While in a ski area, a skier or passenger shall not do any of the following:

(a) Board a ski lift which has been designated as closed.

(b) Wilfully board or embark upon, or disembark from, a ski lift, except at an area designated for those purposes.

(d) Do any act which interferes with the running or operation of a ski lift, such as, but not limited to: swinging or bouncing on an aerial lift, attempting to contact supporting towers, machinery, guides, or guards while riding on a ski lift; or skiing out of the designated ski track on a surface lift or tow.

(e) Use a ski lift, unless the skier or passenger has the ability to use the lift safely without instruction on use of the lift by a ski area owner, manager, operator, or employee, or unless the skier or passenger requests and receives instruction before entering the boarding area of the ski lift.

(f) Use a ski lift or ski without properly engaging and using ski restraining devices, brakes, or restraining straps.

MCL ? 408.342

? 408.342. Duties of skier; acceptance of inherent dangers.

Sec. 22. (1) While in a ski area, each skier shall do all of the following:

(a) Maintain reasonable control of his or her speed and course at all times.

(b) Stay clear of snow-grooming vehicles and equipment in the ski area.

(d) Ski only in ski areas which are marked as open for skiing on the trail board described in section 6a(e).

(2) Each person who participates in the sport of skiing accepts the dangers that inhere in that sport insofar as the dangers are obvious and necessary. Those dangers include, but are not limited to, injuries which can result from variations in terrain; surface or subsurface snow or ice conditions; bare spots; rocks, trees, and other forms of natural growth or debris; collisions with ski lift towers and their components, with other skiers, or with properly marked or plainly visible snow-making or snow-grooming equipment.

MCL ? 408.343

? 408.343. Accident causing injury to another person, notification; identification; penalty for wilful failure to give identification or notification; accident causing injury to skier, notification of hazardous condition.

Sec. 23. (1) A skier involved in an accident causing an injury to another person shall to the extent that he or she is reasonably able to do so immediately notify the ski patrol or the operator, or law enforcement or emergency personnel, and shall clearly identify himself or herself. A skier who wilfully fails to give identification after involvement in a skiing accident with another person, or a skier who is reasonably able to do so who fails to notify the proper authorities or to obtain assistance when the skier knows that another person involved in the accident is in need of medical or other assistance, is guilty of a misdemeanor, punishable by imprisonment for not more than 30 days, or a fine of not more than $100.00, or both.

(2) A skier involved in an accident causing an injury to himself or herself, but not to another person, shall immediately notify the ski patrol or the operator, or law enforcement or emergency personnel, if the accident created a known hazardous condition in the area where the accident occurred.

MCL ? 408.344

? 408.344. Violations of act, liability for resulting damage.

Sec. 24. A skier or passenger who violates this act, or an operator who violates this act shall be liable for that portion of the loss or damage resulting from that violation.

Like this:

Be the first to like this.

tulsa easter eggs pineapple upside down cake free ecards flying car masters golf tournament the replacements

Jon maddog Hall Comes Out In Honor Of Alan Turing?s Birthday

A dozen years ago, when I went from techno-dilettante to technophile, one of my living heroes was Jon "maddog" Hall, the 61-year-old writer for Linux Magazine and an early proponent for free and open source software. Today Jon came out as homosexual in honor of Alan Turing's 100th birthday. His post on the Linux Magazine website is a stirring piece of writing by a man who has finally decided to stop hiding.

being human chicago news chicago news golden girls robert e lee dez bryant aaliyah

Gabriel Bruce Live Residency - Electricity Showrooms, London, GB

Popular are excited to announce that the critically acclaimed Gabriel Bruce will be taking over Electricity Showrooms for a 5-date live residency this summer.

Gabriel will be joined by an amazing mix of supports and special guest DJs during the residency - full line-up d...etails to be announced soon.

_________________________________________________________________

Thursday 21st June 2012 w/ support from Rowan Martin

Thursday 5th July 2012 w/ support from MT Live

Thursday 19th July 2012

Thursday 2 August 2012

Thursday 16th August 2012

8pm, FREE ENTRY

_________________________________________________________________

"Fans of Cohen, Cave and Cash should like this low-voiced singer."
The Guardian

"The former Loverman vocalist combines his unique vocals with a symphony of synths harking back to the late 80s and dark haunting sounds."
Dazed & Confused

"His music is intimate and heartfelt, and the emotional confidence of being so candid disguises a polite, affable and perhaps nervous man in the infancy of his creative path."
i-D

nick carter leslie carter aaron carter sister pfizer signing day 2012 football gasland college football recruiting

Sunday, June 24, 2012

Fabricio Werdum snaps Mike Russow?s win streak at UFC 147

Fabricio Werdum made his case to join the crowded top of the UFC's heavyweight division with a knockout of Mike Russow at UFC 147 in Brazil on Saturday night.

Werdum bloodied Russow's face early in the clinch. He leveled Russow with an uppercut, then followed with several punches and hammerfists until the fight was stopped at 2:28 in the first round.

As the crowd chanted his nickname, "Vai Cavalo," Werdum jumped on top of the cage to celebrate and nearly fell off. Once he recovered, Werdum asked for a title shot against Junior dos Santos.

"I respect 'Cigano,' but I'm ready for him," Werdum said after the bout.

Werdum was knocked out by dos Santos when they fought in 2008. Since then, Werdum moved to Strikeforce, where beat Fedor Emelianenko but lost to Alistair Overeem. Now, he has two wins in the UFC.

This is Russow's first loss since he was submitted by Sergei Kharitonov in 2007.

national chocolate cake day epstein joshua komisarjevsky barney frank barney frank rob gronkowski kim richards

I had visions, I was in them, I was looking into the mirror (Unqualified Offerings)

Share With Friends:

| Politics - Top Stories News, News Feeds and News via Feedzilla.

2012 nfl schedule dishonored april 18 nfl schedule delonte west vanessa williams nicklas backstrom

WIMBLEDON 2012: Top trio won 28 of past 29 majors

This combo made from 2009, left, 2008, center, and 2011 file photos shows from left: Roger Federer, Rafael Nadal and Novak Djokovic after winning at Wimbledon. As Novak Djokovic, Rafael Nadal and Roger Federer step back on the grass at Wimbledon, each has reason to believe he'll be hoisting the trophy overhead in two weeks' time. Indeed, it's tough to imagine anyone outside that trio winning this year's championship at the All England Club, where play begins Monday June 25, 2012. (AP Photo/FILE)

Rafael Nadal of Spain and Novak Djokovic of Serbia pose for photographers ahead of the mens final match at the French Open tennis tournament in Roland Garros stadium in Paris, Monday June 11, 2012. Rain suspended the final making it the first French Open not to end on Sunday since 1973. Nadal is trying to pass Bjorn Borg as the all-time record-holder for French Open titles, and Djokovic is trying to become the first player since Rod Laver to win four straight Grand Slam tournaments. (AP Photo/Bernat Armangue)

Serbia's Novak Djokovic returns the ball to Spain's Rafael Nadal during their men's final match in the French Open tennis tournament at the Roland Garros stadium in Paris, Monday, June 11, 2012. (AP Photo/Michel Euler)

Rafael Nadal of Spain returns in the mens final match against Novak Djokovic of Serbia at the French Open tennis tournament in Roland Garros stadium in Paris, Monday June 11, 2012. Rain suspended the final making it the first French Open not to end on Sunday since 1973. (AP Photo/Bernat Armangue)

Swiss Roger Federer reacts during his match against Germany's Tommy Haas at the Gerry Weber Open ATP tennis tournament final in Halle, western Germany, Sunday June 17, 2012. Wild card Tommy Haas of Germany defeated five-time winner Roger Federer 7-6 (5), 6-4 to win the Gerry Weber Open for the second time on Sunday. The 87th-ranked Haas, the oldest player in the singles draw at 34, recovered from losing his serve in the first game by winning the first set on a tiebreaker and then getting the decisive break in the ninth game of the second set. (AP Photo/dapd/Joerg Sarbach)

WIMBLEDON, England (AP) ? As Novak Djokovic, Rafael Nadal and Roger Federer step back on the grass at Wimbledon, each has reason to believe he'll be hoisting the trophy in two weeks.

None of the other 125 men in the field can honestly say the same.

Indeed, it's tough to imagine anyone outside that trio winning this year's championship at the All England Club, where play begins Monday.

"They've, you know, been pretty selfish about Grand Slam titles for a little bit," said 2003 U.S. Open champion and three-time Wimbledon runner-up Andy Roddick.

They sure have.

Either Nadal or Djokovic has won each of the past nine major tournaments, and they met in the last four finals, to boot.

"It's up to somebody ... to break that mold," said Federer, owner of a record 16 Grand Slam titles. "I hope I can do that."

Add him to the equation, and those three men have combined to win 28 of the past 29 majors, a seven-year run of dominance that began with Nadal's victory at the 2005 French Open. (The lone exception was the 2009 U.S. Open, where Federer lost in the final to Juan Martin del Potro.)

The top-seeded Djokovic is the defending champion at Wimbledon ? and while it's the only grass-court title on his resume, it's a rather significant one.

"I mean, this is what I'm born for," he said after beating Nadal in four sets in the 2011 final. "You know, I want to be a tennis champion. I want to win more Grand Slams. I will definitely not stop here."

He moved to No. 1 in the ATP rankings the next day and has remained there, while compiling a 27-match Grand Slam winning streak that included titles at the U.S. Open in September and Australian Open in January, before ending with a loss to Nadal in the rain-interrupted, two-day French Open final two weeks ago.

Nadal once was thought to be a clay-court expert but has shown that he can adapt to, and excel on, other surfaces, joining Federer among the seven men who completed a career Grand Slam. At Wimbledon, the Spaniard reached the final each of the last five times he entered the tournament, winning twice and finishing runner-up to Djokovic or Federer the other three.

And Federer? Well, all he's done is win six championships plus make one final at the All England Club in a seven-year span from 2003-09.

"I would just like to get another Wimbledon crown. It would be amazing to get No. 7," said Federer, who lost in the quarterfinals the past two years, to Tomas Berdych in 2010, and to Jo-Wilfried Tsonga in 2011.

He's gone about 2? years without winning a Grand Slam title, his longest drought since he won his first nine years ago.

"The hunger is obviously big," Federer said.

His mastery of faster surfaces such as the grass at Wimbledon and the hard courts at the U.S. Open makes it tough to rule him out, even if he's approaching his 31st birthday on Aug. 8.

Asked to size up his prospects for adding to his Grand Slam total, Federer said, "I think the upcoming two," referring to Wimbledon and the U.S. Open, "those will be my best chances to win."

While players such as Berdych or Tsonga or Roddick or del Potro have shown they can compete with the best on their best days ? and No. 4 Andy Murray, a three-time major finalist, gets plenty of home-crowd support because he represents Britain ? the expectation is that Djokovic, Nadal or Federer will extend their hard-to-believe rule at Grand Slam tournaments.

"Murray is obviously the other guy. He would be the other guy that would have the next best chance," said seven-time major champion John McEnroe, who'll be calling matches for ESPN as it takes over from NBC as the main Wimbledon TV channel in the United States.

Murray, for his part, dismisses questions about being burdened by all the attention he gets these two weeks ? and all the hopes the locals have.

"Doesn't add any extra pressure. I think in all sports, playing at home is viewed as being a huge advantage, whereas for some reason when it comes to Wimbledon, everyone thinks it's a bad thing," he said. "I haven't really found it that way. When I've played here, I've enjoyed the challenge, I've enjoyed playing in front of a passionate crowd, and it's helped me."

He also refuses to dwell on what might be considered the bad fortune of playing tennis at the same time as the top three.

For some perspective, consider what's been going on in golf: When Webb Simpson won the U.S. Open last weekend, he was the ninth consecutive first-time major champion in that sport; he also was the 15th man to win one of the past 15 majors. That sort of parity does exist in tennis, too, but only in the women's game, where six players divided up the most recent six Grand Slam titles, capped by Maria Sharapova's triumph at the French Open.

That return to the top ? and to No. 1 in the WTA rankings ? makes her a popular pick to do well at Wimbledon, too. She did, after all, make her breakthrough at the grass-court tournament by winning it at age 17 in 2004.

There also are cases to be made for four-time Wimbledon champion Serena Williams, who is sure to be intent on making up for a first-round loss at Roland Garros; defending champion Petra Kvitova; recent No. 1 Victoria Azarenka, a semifinalist a year ago; 2007 runner-up Marion Bartoli; former No. 1 Caroline Wozniacki, probably the best player without a Grand Slam title; and even Venus Williams, who might be slowed by an autoimmune disease but still knows how to get the most out of her big serve and powerful groundstrokes at a tournament she's won five times.

It's much easier to come up with a lengthy list of contenders for the women's title than it is for the men's.

Why has tennis' top trio won major after major?

"Because they are too good," Tsonga said. "That's it. They're just too good."

___

Associated Press Writer Ciaran Fahey in Halle, Germany, and AP freelancer Barry Wood in Eastbourne, England, contributed to this report.

Associated Press

tcu football westminster bonnaroo 2012 lineup twisted metal sea lion si swimsuit 2012 westminster dog show

The Uneven Application Of Town's Rules & Regulations: Article 1: Rec

Posted on 22 June 2012.

[Images being added live; 10 p.m., Friday, June 22]

By: Maria Moore

Residents expect the town?s commissions to enforce their rules and regulations in a fair, equitable way. When those rules and regulations are not applied to all residents in an equitable way, there are negative repercussions for the whole community; some residents are denied the opportunity to enjoy their homes and the use of the town?s publicly-owned properties and parks, while other residents ? and sometimes non-residents as we can see in one of the case examined below ? are allowed to enjoy the use of the community?s publicly-owned properties and parks despite the negative effects of their use on the lives of other residents in the neighborhoods in which that activity is being allowed. This leads to a fracturing of the community, with residents distrusting the Commissions that have disenfranchised them, and resenting the groups that they see receiving special treatment from the commissions which infringes their own rights.

Boaters were denied after-dark access to their boats moored at Brodie Park North. Photo: NewHartfordPlus archives

In this two-article series we will be examining specific cases where there has been an uneven application of the town?s rules and regulations to the benefit of some residents and to the detriment of others.

In this, the first article, we will look at the uneven application of the town?s Park Rules by the Recreation Commission, which denied a group?s request for a special use of a town park while approving that same special use to another group.

In the second article we will look at the uneven application of the town?s Zoning regulations by the Planning and Zoning Commission which, in one case placed special conditions limiting the use of a town park by a group that has been using that same park in the same way for the past 4 years, having first obtained a permit from Planning & Zoning for each year of the use.

Special conditions were placed on the Farmers? Market use of Chapin Park. Photo: NewHartfordPlus archives

At the same time that it was placing conditions on the use of a town park by the group in the first case, in a second case the P&Z Commission is allowing a similar, more intensive use of another park by a group, without placing any special conditions on that use, or even accepting that the special use as falls within the town?s Zoning regulations, as they had with the first case. Were the P&Z Commission to apply its Zoning regulations to the second group and require that second group to submit a site plan as they had required of the first group, that Commission would then have to acknowledge that the second group had never received a Special Exception for its intensified use of one of the town park, a necessary step according to the town?s zoning regulations. For a Special Exception to be granted in the second case, P&Z would require a public hearing during which park neighbors would have the opportunity to give input on the negative impact on their neighborhood of the group?s special use of the park; based on the negative impact on the neighborhood in question, a Special Exception would difficult to obtain. As we will show in our second article, the Planning & Zoning Commission has chosen not to enforce its own Zoning regulations in the second case, while in the first case, placing special conditions on similar use of another town park.

Setting The Stage

New Hartford residents have entrusted the care of our town parks to the Recreation Commission, giving that Commission the ability to establish rules for the use of our parks that allow residents to enjoy using the town?s parks while respecting the rights of other park users as well as the rights of residents living near the parks.

Since 1967, when the Rec Commission was created, the Commission members have applied the park rules in a fair and equitable way. ?This year, however, the Rec Commission members have departed from their even-handed application of their own rules to everyone that has requested a special use of one of our parks; instead, they have approved several special uses of one of our town parks to one group, while one of those special uses was denied to another group. ?Here are both cases:

First Case: Adult Residents? Request To Walk Through The Park After Sunset To Access Their Boats On The Lake Denied By Rec Commission

Less than a year ago, on July 12, 2011, a group of adults went to the Recreation Commission?s meeting to ask for permission to walk through the park after sunset to get to their boats moored at the town-owned dock on West Hill Lake. Most of the adults present were long-time residents of New Hartford, whose children had grown up in town. Those residents paid a fee to the Rec. Department to keep their kayaks and boats on the town?s property by the lake and they had come to the Rec Commission to request access to their boats. Regarding the ?Park Closes At Sunset? rule, the residents said in one of their letters to the Rec Commission:

If the ?park closing at sunset? rule is to be enforced? shouldn?t it be enforced for everyone? The boaters of Brodie Park should be offered the same exception to the rule as others receive. Should the Boaters become an official organization? (Boaters of Brodie Park):

Football ? Practices in the dark (under the lights) at Brodie Park South all football season;

Karate ? Monday Nights in the summer after beach closes;

Boy Scouts ? Camp-Outs in Brodie Park;

Lions Club ? Flea Market set up at 4 a.m.

The boaters proposed that Rec implement a ?boating pass? which they would pay for and which would allow them to walk to their boats and kayaks and then walk back through the park on their return to dock.

The Rec Commission denied the boaters? request to be allowed to walk through Brodie Park North after sunset, giving as the reason for the denial the negative impact on the town?s insurance costs if they were to allow use of the town?s parks after dark.

The following is taken from the minutes of the July 12, 2011, Rec Commission meeting in which the Rec Commission members as well as First Selectman Dan Jerram give their reasons for denying the boaters? request. ?We have left only the initial of the last name of residents at the meeting to protect their privacy:

The Rec Commission has received letters and emails (attached [see the minutes of the meeting in the Town Clerk's Office]) and heard from several residents who keep their boats moored at the park with concerns about not having access to their boats after the park closes at dusk. They came to the meeting to discuss a possible solution to the problem.

John P. [a resident and a boat owner]?has suggested they create some sort of boating pass they can put in their cars so the police who patrol the area will know they have walked down and are out on the lake, and not get a ticket for parking in the Berkshire lot after 8 pm. Larry A. [another resident and boat owner] also suggested that the commission could even charge a fee for this pass. They have clear view from their property and can see people swimming in and around the boats at all hours even when the park is closed. They are always calling Officer Janco to report these goings on. Diane K. suggests that the boaters would be a kind of neighborhood watch to help deter the vandalism that keeps occurring.

John [Maschi, the Rec Commission Chairman] spoke on behalf of the Commission members and expressed appreciation for their care of the park and understanding of their request. However, after consulting with the Town Hall, the Police Department, and the town?s Insurance Consultant the liability exposure to the town is too great. The Insurance Consultant emailed the First Selectman?s office after our conversation that it was their opinion that the town not agree to keep the park open after dark. This could possibly represent a change in hazard which could require a physical inspection by the insuring carrier. An inspection could reveal possible liability hazards which might include lighting of the path down to the lake as well as paving. The Consultant also stated that the town?s policy is on a 3 year premium rate freeze and a change in hazard could jeopardize this. John also expressed concern that if the Commission were to grant this exception that other groups would also petition the Commission for exceptions.

Officer Janco then asked to speak and told everyone present that first and foremost it is a park and not a marina. He and all the Commission members know that they are not the ones vandalizing the Park and have helped maintain and clean it up. He also told them that there is a state boat launch open to the public which is open 24 hours for this very?reason and it would be just too hard to police the area if it ends up being opened up to everyone.

Deb P. then asked if they became a group could they carry their own insurance.

[First Selectman] Dan Jerram said that legal counsel is also not in favor of extending the park hours. He states that by doing this we stand to lose so much more. John stated that if we do not follow through on potential recommendations of loss control, rate hikes could be a significant amount of money that would have an impact on all residents. John summed up the discussion that the Commission is charged with acting on behalf of all residents and after hearing input from Town officials and representatives, the Commission would be irresponsible to ignore their professional input. Park hours remain dawn to dusk.

The adults accepted the Rec Commission decision. During the summer of 2011 they did not have permission to walk in the park after sunset, nor did they have permission to park their vehicles in the parking lot at Berkshire Hall at Brodie Park North after sunset. For the 2012 summer season, they still do not have permission to be in the park after sunset nor to park their vehicles in the Berkshire Hall parking lot.

Parking along Niles Road during Football practice in August, 2011. Photo: NewHartfordPlus archives

In the meantime, just a mile up Niles Road, in a section of the park known as Brodie Park South, a group of approximately 125 sports players aged 14 and under, plus their parents and their coaches ? identified as Football in the boaters? letter quoted above ? were using the park until well after dark from the beginning of August 2011 through mid-November. The group, a Rec-sponsored program called the New Hartford Football and Cheer, brought in their own construction lights powered by generators to light the park for after-dark use, they parked their 50-75 vehicles in the 12-vehicle parking lot at Brodie Park South as well as on the grass inside the park, and along the road outside the park, and sometimes on neighbors? lawns. They also placed a large steel POD inside the park for the whole Football season for their use.

Neighbors and other concerned residents went to the Rec Commission asking them to enforce their own park rules to control the situation at Brodie Park South; the Rec Commission did nothing to enforce their rules. The neighbors and concerned residents went to the Board of Selectmen, only to be told that they lived next to a park and they should expect that kind of activity. The neighbors and concerned residents then filed 12 complaints with the Planning and Zoning Commission based on the zoning regulations that were being violated by the park being in an R2 (residential) zone; the Zoning Officer, who was told by the Zoning Office?s legal counsel that the situation with Football?s presence at the park was ?90% political and 10% legal? refused to investigate the residents? complaints, while the Zoning Commission said it had nothing to do with them. The neighbors and concerned residents also called the local police and the state police about dangerous traffic situation and the unsafe parking created by Football?s presence on Niles Road, a steep and narrow country road; no action was taken by the police and when NewHartfordPlus reporter Maria Moore spoke to Officer Janco about his lack of enforcement action, he responded that he was using his professional discretion not to investigate the traffic and parking situation.

For the 2011 Football season, the entire Football program, consisting of 4 Football and 2 Cheerleading teams with participants in the program from New Hartford and other surrounding communities (Winsted, Barkhamsted, Norfolk and Colebrook) was allowed to continue practicing at Brodie Park South, for 5 nights a week during August and three nights per week during September through mid-November, and with practices being held until well after dark, with vehicles not leaving the park until 9 p.m. or later. During the 2011 Football season the Rec Commission maintained that they had not been asked for permission by the Football program for its intensified use of the town park, and that they had not received the support of other town officials in enforcing their Park Rules.

For the 2012 Football season, the Rec Commission received a request from the Football program to continue their practices at Brodie Park South under the same conditions as in 2011, and the Rec Commission unanimously approved that use. This despite continuing pressure from a residents? group called the Friends of Brodie Park South (FOBPS), which had been formed by the neighbors and other users of the park. The FOBPS pointed out to the Rec Commission that their Rec Department did not take an active role in allocating practice spaces to the different sports programs but rather allowed the sports programs themselves to allocate the practice spaces. This resulted in practice spaces with the infrastructure to support Football practices being used by other sports groups that did not require that infrastructure for their practices or, as in the case of the field space at New Hartford Elementary School, not to be utilized at all for active sports practices.

The FOBPS asked the Rec Commission to allocate to the Football program other practice fields with the existing infrastructure to accommodate Football?s needs but that request was not considered. The FOBPS also asked the Rec Commission to continue enforcing their park rule that parks close at sunset as they have always done in the past, but that request was denied, and the FOBPS concerns about the unsafe traffic and parking conditions created by the Football program?s 50-75 vehicles using a parking area designed for 12 vehicles was handled by the Rec Commission by allowing vehicles to be parked inside the park and along the road outside the park, something which they had never before allowed any other group to do on a regular basis at any other town park.

At their June 2012 meeting the Rec Commission members formally approved the Football program?s request to hold practices for their 130+ participants at Brodie Park South until after dark, they approved the use of privately-owned lights powered by generators to light the park area, they approved parking the Football program?s vehicles inside the park and along the outside of the park, and they approved the placement of a steel POD for Football?s use at one of the park?s entrances for the duration of the Football season.

To view the video of the June 6, 2012 Rec Commission meeting, click on the following link to the video posted on the NewHartfordPlus YouTube channel.

The following is taken from the draft minutes of the June 6, 2012, Rec Commission meeting in which the Rec Commission members approved the Football group?s request to use Brodie Park South for practices. In their remarks the Rec Commission members made reference to two letters, one received from a member of the Friends of Brodie Park South (FOBPS) who emphasized that the group did not agree with the use of Brodie Park South by the Football program with the special uses Football was asking for (that is, after-sunset use of the park when town parks are closed, using private lights in the park to allow practices to continue in the dark in a residential neighborhood, and 75+ vehicles using the park on a regular basis where the infrastructure only supports 12 vehicles, etc.). The FOBPS?s letter emphasized that their concerns had not changed as a result of the Rec-sponsored meeting in March when Rec had asked two representatives of the FOBPS to meet with two Football representatives and two Rec Commission representatives to get the residents? group to agree to Football?s presence in their neighborhood park. The second letter was from an attorney hired by the FBPS sent to the Rec Commission, to the Zoning Commission, the First Selectman and the Football program?s officers, and asking that the Rec Commission notify the Football program that it needs to obtain a Special Exception for its requested use of Brodie Park South for Football practices.

The draft minutes of the June 6, Rec Commission meeting say the following regarding that Commission?s approval of the Football program?s request to hold practices at Brodie Park South after sunset:

John?s response to Mayo Crowe LLC [the attorneys hired by the FOBPS] was that we?re not ?country bumpkins? and were not born yesterday. We are well aware of the things we can and cannot do as a Commission and didn?t need a letter from this attorney to tell us that. We are well aware that anybody that has an issue comes before us, it?s just common sense. Anything we do is subject to the other boards and commissions or regulatory committee in town and always goes through all the proper channels.

John then summarized the contents of the letter from Heinz about the last meeting and his and the FOBPS feelings about the end result and why they disagreed. John addressed a couple of them, the parking situation. We are in communication with Officer Janco and the thinking is to park inside the gateway rock wall and the rock wall on the Niles side. We feel that will be sufficient and the turnaround to have as few cars there as possible. Get the kids in and out and move in and out as quickly as possible with parent help to keep the traffic moving and the kids safe. We think we have addressed that. The noise level can be muffled by moving much of the activity below the tree line. Nobody will tolerate the rogue parents and that will be monitored by the parents and members of football. John asked Joe P. [an officer of the Football progrm] if he can attend the Football Parents meeting to discuss these issues. Practice will be 5:45 to end at 7:45 to get cleaned up and get the kids out of there by 8pm. The plan is to reduce the amount of cars that go up there and the Comm has run it by football already and that would be to have cheerleading practice held at BPN 2 of the 3 nights a week and only practice once a week back at BPS to be with the football teams. And as far as parking is concerned, the information that we have from P&Z is that as long as Recreation designates a specific area for parking it is so deemed a specific area for parking, so we?ll abide by that. Back to Heinz?s letter regarding the environmental impact, there has been a BP Subcommittee on that a little bit longer than this has been going on. On that Committee is Jean Cronauer, she is heavily involved in environmental issues and she has been very involved on this committee and BPS is deemed ?active recreation? and it was agreed to by that committee that it can and will be used as such and will not have a detrimental effect on the environment. All these things were taken into consideration, the concerns have been brought to our attention many times. John feels the Commission has done its due diligence and has done what is in the best interest of the overall community. We understand people have their own ideas about what needs to be done with their own thoughts and ideas. We get all that, but it is our job to weigh the pros and cons and some people will be happy and some will not, we totally get that, we totally respect that. What John would like to do is ask the Rec Commission if they have any other suggestions. Sally [O'Neill, Rec Commission member] agrees with John. The Rec Commission has done its job to make this acceptable to everyone involved. We have done our due diligence and it is time to move forward. Maureen [Morrissey, Rec Commission member] agreed wholeheartedly with that. Dan [Eddy, Rec Commission member] and Ed [Smith, Rec Commission member] are not here this evening but if passed we will pass it onto the the other authorities in town. Our job is to oversee the land as it is.

Sally then made a motion, seconded by Maureen, based on the items John Maschi has just gone over including:

A. working with Town Hall,

B. Officer Janco to facilitate the parking,

C. working with football and cheer parents to monitor use of the park

D. activities below the tree line to reduce the noise levels as much as possible,

E .a lighting request from 5:45 to 7:45 and lights must be out by 8pm,

F. cheerleaders will practice 2 nights a week at BPN and 1 night with the football teams at BPS,

G.environmental issues have been cleared with Jean Cronauer,

H. and the lights are a safety concern but pending approval from P&Z.

All were in favor and the motion passed.

No Application Will Be Made By the Football Program To Planning & Zoning Commission

After the Rec Commission?s June meeting, NewHartfordPlus reporter Maria Moore asked whether there would be an application made to the Planning & Zoning Commission related to Football?s use of Brodie Park South. She was told that Rec had been informed by the First Selectman?s Office that the First Selectman had checked with Rista [Malanca, the Zoning Officer] and that she had told him that that everything that Rec was planning to approve for Football at Brodie Park South was fine and they didn?t need anything from the Planning & Zoning Commission.

No Pending Items With Planning & Zoning Related To Football Use Of The Park

Our reporter also checked directly with Rista Malanca, the town?s Zoning Officer, and she confirmed that she had no pending items related to Football?s use of Brodie Park South. The only thing she had was the letter to the Commission from the attorney representing the Friends of Brodie Park South.

Unanswered Questions To Rec Commission Chairman Re. Denial Of Boaters? Request And Insurance Implications Of After-Dark Use Of Park For Football Practices

On Monday, June 18, NHPlus reporter Maria Moore emailed the Rec Commission Chairman letting him know that she was working on this article and asking for his input on the denial of the boaters? request and the effects on the town?s insurance following the Rec Commission?s approval of after-dark Football practices at Brodie Park South. The email says:

?Hi John:

As soon as we posted the video of the June Rec meeting I was asked by a reader to post the July 2011 Rec minutes together with the June 2012 minutes when they became available. I now have both sets and will be posting them and comparing the way the boaters? request was handled by the Rec Commission in 2011 vs. the way Football has been handled this June.

I?d like to know the reasoning used by the commission members in reaching their apparently contradictory conclusions in those cases. Also, since insurance considerations were at the root of turning down the boaters? request, is this no longer a consideration, especially in view of the fact that the town specifically excludes coverage for active sports in the town?s insurance policy? Does the football program carry its own insurance for its participants, and how are out-of-town participants handled? Do their towns cover them under their policies if they were to get injured while participating in the football program sponsored by Rec?

I?ll gladly call you if you?d like me to, or you can call me at any time? I will be posting both sets of minutes on Tuesday afternoon so I?d really appreciate some response from you.

Thanks so much for your help,

Maria?

As of today, Friday, June 22, our reporter has not received a response to her email. If and when she receives a response, she will update this article accordingly.

Repercussions In The Community From The Rec Commission?s Uneven Application Of Its Park Rules

The uneven application of the town?s Park Rules by the Rec Commission outlined in the article above has led to some residents who use the town?s parks being disenfranchised, their right to enjoy the park equally with other town residents ignored by the Rec Commission members who have instead chosen to approve special uses of a town?s park to a Rec-sponsored active sports youth group, while denying that same use to adult residents. ?This has created a situation where park users can no longer be assured that they will have equal access to the town?s parks, leading to resentment of the special uses allowed to some residents ? and in the case of the Football program to their non-resident participants ? while that same use is denied to other residents.

Just as importantly, the neighbors of Brodie Park South also see themselves as being disenfranchised, seeing their input about the disruption to their neighborhood from the intensified use of the park by Football ignored by the Rec Commission. These park neighbors have seen their neighborhood stripped of the protections that other park neighborhoods enjoy in town where park use continues to be limited to sunrise to sunset, and the traffic and noise levels are controlled so as not to disrupt the neighborhood. This has led the neighbors to form a group and to hire an attorney to ensure the equitable enforcement of the town?s rules and regulations to protect their enjoyment of their neighborhood and their property values.

Upcoming Second Article: The Uneven Enforcement Of Zoning Regulations

Our second article in this series will explore the uneven enforcement of the town?s Zoning regulations, as illustrated by two similar cases with very dissimilar outcomes from the town?s Planning & Zoning Commission and Zoning Officer.

See Also:

The NewHartfordPlus August 22, 2011, article on the Rec Commission?s denial of the boaters? request to access their boats after dark at Brodie Park North.

Football practice continued at Brodie Park South as dusk fell in August, 2011. Photo: NewHartfordPlus archives

gluten free diet barry zito mac virus santorum drops out bby zimmerman website miami marlins