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Russel Metals Announces 2020 Second Quarter Results
|Aug 6| 35 min read
TORONTO, Aug. 6, 2020 /PRNewswire/ - Russel Metals Inc. (TSX: RUS) announces financial results for three months ended June 30, 2020.
Revenues of $588 Million and EBITDA of $32 Million
Liquidity of $478 Million and Net Debt to Invested Capital 28%
EBITDA1
EBIT1
Free Cash Flow per share1
Cash from Operations
Shareholders' Equity
Dividends Paid per common share
All amounts are reported in millions of Canadian dollars except per share figures, which are in Canadian dollars.
1EBITDA, EBIT and Free Cash Flow per share are non-GAAP measures. EBITDA represent earnings before interest, income taxes and depreciation. EBIT represents earnings before interest, and income taxes. Free cash flow per share represents cash from operating activities before change in working capital less capital expenditures divided by average shares outstanding for the period. Our Management's Discussion and Analysis includes additional information regarding these non-GAAP measures, including a reconciliation to the most directly comparable GAAP measures, under the headings "Non-GAAP Measures", "EBIT and EBITDA", and "Free Cash Flow".
For the 2020 second quarter we generated net income of $5 million or $0.07 per share on revenues of $588 million. These results compare to net income of $31 million or $0.50 per share on revenues of $937 million in the 2019 second quarter.
During the 2020 second quarter, we generated $116 million in cash from operations, as our business realized the benefits of continued strong cash flows from working capital reductions. At June 30, 2020, our liquidity remained strong with cash on hand and availability from the undrawn portion of our committed credit facility of $478 million.
Mr. John G. Reid, President and CEO, commented, "During the second quarter, the pandemic along with low energy prices created intense business conditions. Demand at our service center and distribution operations appeared to bottom out in April followed by a modest, yet steady, increase throughout the balance of the quarter. I want to commend our service centers for their performance as the segment generated higher earnings from operations in the 2020 second quarter than the comparable period last year. In addition, the service center segment continued to gain market share when compared to the Metal Service Center Institute's statistics."
Mr. Reid continued, "Our Canadian energy operations were affected by the particularly lengthy spring break up due to abnormally wet conditions. Our U.S. energy operations were adversely affected by the continued rig count decline. To date in the third quarter, the Canadian energy sector is experiencing some increases in rig counts. The countercyclical nature of our cash flows continued to generate significant cash with reductions in working capital generating cash of $95 million which supports our dividend. I also want to commend all of our employees for their continued efforts in adhering to our safety protocols in response to the pandemic as we remain committed to putting the health and safety of our employee group first and foremost."
The Board of Directors approved a quarterly dividend of $0.38 per common share payable September 15, 2020 to shareholders of record as of August 27, 2020. We will continue our practice of prudently reviewing our dividend and ensure that it is supported by a strong balance sheet and cash flows.
Revenues in our metals service centers decreased 30% to $373 million for the quarter compared to $535 million in the same quarter in 2019. The average selling price declined 14% over the second quarter of 2019 and was consistent with the 2020 first quarter. Tons shipped were approximately 19% lower than the 2019 second quarter and 14% lower than the 2020 first quarter. Due to the pandemic most jurisdictions where we operate had restrictions for non-essential businesses which resulted in certain customer plant closures. Gross margins as a percentage of revenues for the 2020 second quarter were 20.9% compared to 18.7% in the same period of 2019 and 21.3% in the first quarter of 2020. Operating profits were $25 million compared to $23 million in the 2019 second quarter and $18 million in the first quarter of 2020, as expense reductions and government wage support programs offset the reduction in gross margin dollars.
Revenues in our energy products segment decreased 50% to $149 million compared to $298 million in the 2019 second quarter. Historically low North American rig counts, and the wet Western Canadian spring impacted demand. Gross margins as a percentage of revenues of 15.4% were lower than the comparative 19.5% for the 2019 second quarter. An inventory valuation provision of $5 million was included in the 2020 second quarter results primarily due to our line pipe and OCTG operations. Operating losses were $4 million in the energy products segment compared to operating profits of $24 million in the second quarter of 2019 with our Comco Pipe and field store operations collectively generated operating income of $4 million in the quarter.
Steel Distributors
Second quarter revenues in our steel distributors segment decreased by 36% to $64 million compared to $100 million in the 2019 second quarter due to lower demand and steel prices. Gross margins as a percentage of revenues for the 2020 second quarter were 10.3% compared to 13.5% in the same period 2019. Operating profits of $2 million for the quarter compared to $7 million in the 2019 second quarter.
The Company will be holding an Investor Conference Call on Friday, August 7, 2020 at 9:00 a.m. ET to review its 2020 second quarter results. The dial-in telephone numbers for the call are 416-764-8688 (Toronto and International callers) and 1-888-390-0546 (U.S. and Canada). Please dial in 10 minutes prior to the call to ensure that you get a line.
A replay of the call will be available at 416-764-8677 (Toronto and International callers) and 1-888-390-0541 (U.S. and Canada) until midnight, Friday, August 21, 2020. You will be required to enter pass code 164828# to access the call.
Additional supplemental financial information is available in our investor conference call package located on our website at www.russelmetals.com.
About Russel Metals Inc.
Russel Metals is one of the largest metals distribution companies in North America. It carries on business in three metals distribution segments: metals service centers, energy products and steel distributors. Its network of metals service centers carries an extensive line of metal products in a wide range of sizes, shapes and specifications, including carbon hot rolled and cold finished steel, pipe and tubular products, stainless steel, aluminum and other non-ferrous specialty metals. Its energy products operations carry a specialized product line focused on the needs of energy industry customers. Its steel distributors operations act as master distributors selling steel in large volumes to other steel service centers and large equipment manufacturers mainly on an "as is" basis.
Cautionary Statement on Forward-Looking Information
Certain statements contained in this press release constitute forward-looking statements or information within the meaning of applicable securities laws, including statements as to our future capital expenditures, our outlook, the availability of future financing and our ability to pay dividends. Forward-looking statements relate to future events or our future performance. All statements, other than statements of historical fact, are forward-looking statements. Forward-looking statements are often, but not always, identified by the use of words such as "seek", "anticipate", "plan", "continue", "estimate", "expect", "may", "will", "project", "predict", "potential", "targeting", "intend", "could", "might", "should", "believe" and similar expressions. Forward-looking statements are necessarily based on estimates and assumptions that, while considered reasonable by us, inherently involve known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those anticipated in such forward-looking statements, including the factors described below.
We are subject to a number of risks and uncertainties which could have a material adverse effect on our future profitability and financial position, including the risks and uncertainties listed below, which are important factors in our business and the metals distribution industry. Such risks and uncertainties include, but are not limited to: the volatility in metal prices; volatility in oil and natural gas prices; cyclicality of the metals industry; capital budgets in the energy industry; pandemics and epidemics; climate change; product claims; significant competition; sources of metals supply; manufacturers selling directly; material substitution; credit risk; currency exchange risk; restrictive debt covenants; asset impairments; the unexpected loss of key individuals; decentralized operating structure; future acquisitions; the failure of our key computer-based systems, labour interruptions; laws and governmental regulations; litigious environment; environmental liabilities; carbon emissions; health and safety laws and regulations; and common share risks.
While we believe that the expectations reflected in our forward-looking statements are reasonable, no assurance can be given that these expectations will prove to be correct, and our forward-looking statements included in this press release should not be unduly relied upon. These statements speak only as of the date of this press release and, except as required by law, we do not assume any obligation to update our forward-looking statements. Our actual results could differ materially from those anticipated in our forward-looking statements including as a result of the risk factors described above and under the heading "Risk" in our MD&A and under the heading "Risk Management and Risks Affecting Our Business" in our most recent Annual Information Form and as otherwise disclosed in our filings with securities regulatory authorities which are available on SEDAR at www.sedar.com.
If you would like to unsubscribe from receiving Press Releases, you may do so by emailing [email protected]; or by calling our Investor Relations Line: 905-816-5178.
CONDENSED CONSOLIDATED STATEMENTS OF EARNINGS (UNAUDITED)
Quarters ended June 30
Six months ended June 30
(in millions of Canadian dollars, except per share data)
Cost of materials
Employee expense
Other operating expenses
Asset impairment
Earnings before interest and
provision for income taxes
Earnings before provision for income taxes
Net earnings for the period
Basic earnings per common share
Diluted earnings per common share
CONDENSED CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS) (UNAUDITED)
(in millions of Canadian dollars)
Other comprehensive (loss) income
Items that may be reclassified to earnings
Unrealized foreign exchange (losses) gains on
translation of foreign operations
Items that may not be reclassified to earnings
Actuarial losses on pension and similar
obligations net of taxes
Total comprehensive (loss) income
CONDENSED CONSOLIDATED STATEMENTS OF FINANCIAL POSITION (UNAUDITED)
Prepaid and other
Income taxes receivable
Right-of-Use Assets
Deferred Income Tax Assets
Pension and Benefits
Financial and Other Assets
Goodwill and Intangibles
LIABILITIES AND SHAREHOLDERS' EQUITY
Bank indebtedness
Accounts payable and accrued liabilities
Short-term lease obligations
Income taxes payable
Deferred Income Tax Liabilities
Long-term Lease Obligations
Provisions and Other Non-Current Liabilities
Common shares
Contributed surplus
Total Shareholders' Equity
Total Liabilities and Shareholders' Equity
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOW (UNAUDITED)
Gain on sale of property, plant and equipment
Difference between pension expense and
Debt accretion, amortization and other
Interest paid, including interest on lease obligations
Cash from operating activities before
non-cash working capital
Changes in non-cash working capital items
Change in non-cash working capital
Income tax paid, net
(Decrease) increase in bank indebtedness
Issue of common shares
Dividends on common shares
Lease obligations
Cash used in financing activities
Purchase of property, plant and equipment
Proceeds on sale of property, plant and equipment
Cash used in investing activities
Effect of exchange rates on cash
and cash equivalents
Increase (decrease) in cash and cash equivalents
Cash and cash equivalents, beginning of the period
Cash and cash equivalents, end of the period
CONDENSED CONSOLIDATED STATEMENTS OF CHANGES IN EQUITY (UNAUDITED)
Balance, January 1, 2020
Payment of dividends
Other comprehensive income for the period
Recognition of share-based compensation
Share options exercised
Transfer of net actuarial losses on defined benefit plans
Balance, June 30, 2020
Change in accounting policy
Other comprehensive loss for the period
View original content:http://www.prnewswire.com/news-releases/russel-metals-announces-2020-second-quarter-results-301107953.html
SOURCE Russel Metals Inc.


text:
Better Late
(Writing from September 22, 2011.)
So I do this thing where I discover new (to me) music in a weird way.
I played guitar and sang in rock bands for 12 years, and spent the last couple of years before I got knocked up playing in a band in Los Angeles with an amazingly talented filmmaker/guitarist/singer/songwriter who also happened to be a really cool, funny, smart human.
He always wanted us to learn new cover songs, and would give me a new CD he'd burned every week, loaded with potential cover songs, plus songs he'd written, songs we needed to learn for band practice, etc. When everybody in a band works 40+ hours a week, it's hard to get together for practices as often as you need to in order to not suck at your live shows.
So he'd drop them by the grocery store at which I worked, and my managers would tell me, "Hey. Your band-mate brought this CD by for you." And I would take the latest CD home and ignore it. Or give the songs we were going to play at practice a fast pre-practice skim. I'm a quick study with music, so I managed to get through practices and shows this way.
But of course now I wish I'd really listened to them and applied myself in the way that we all do later in life when we realize we were only doing ourselves a disservice by half-assing through the important things. I feel like a complete dipshit now for not giving the CDs and the band the attention I should have.
Cut to years later: I have a child, I've moved to the Midwest, and the only music time I get, aside from occasionally grabbing my guitar and locking myself in the bathroom to bash and sing, is during my exercise walks. So I have an iPod. And headphones, because I can barely say the word "earbuds," let alone wear them. And I put every CD I have on my iPod, including the ones my band-mate once made for me.
Now, during my walks, I have the curious phenomenon of having these utterly fabulous songs constantly pop up as unknown artists, the songs my band-mate wanted us to potentially cover that I never really listened to, and I fucking love them. And I have no idea who they are because they were loaded onto my iPod from CDs burned by my band-mate. It's really weird. It keeps happening.
When it happens, I come home and immediately Google some of the lyrics, trying to find the artist. Some of them are a bit obscure. Tonight I got only one hit on my search, and it was just the name of one of the band members. And the only reason it popped up was because the blogger had quoted the one line of the song I put in, even though it isn't the title. I had to figure out the band (now defunct) and then the song name to find them.
I obsessively listened to this song over and over again for nearly 3 miles tonight, because when I discover a new song, I do that. I play it over and over again and pick it apart and try to hear all the different melody lines and instruments and parts and words and harmonies and try to figure out exactly what is making me love it.
I found the song on YouTube, so I'm sharing it below. Check it out if you feel like hearing a cool song.
"Calling on Columbia Pike" by Speedwell:
https://www.youtube.com/watch?v=84fL8FnP_nE
Phone Calls, Missing Places, Cold Kitty Noses, and Odd Dream Statements
The Kids Are Not Alright

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Scuttlebutt Europe #3596 - 26 May
Brought to you by Seahorse magazine, Scuttlebutt Europe is a digest of sailing news and opinions, regatta results, new boat and gear information and letters from sailors -- with a European emphasis. Contributions welcome, send to
Yanmar Moth World Championships
Hayama, Japan - As the breeze increased on race day 2 at the YANMAR Moth Worlds 2016 in Hayama, Japan, so were the demands on consistency for the 66 sailors in the running for leaderboard glory.
Today's sailing conditions kicked off with strong southerly winds, not quite what some of the less experienced racers were hoping for, forcing several to stay away from the race track for the day. Many of the non-racers opted to watch the racing from safety boats, to offer support and learn from the best.
Great Britain's Chris Rashley, one of the new generation of Moth sailors, proved his class to break away from the pack and score 1,1,2, and leapfrog into the lead over Paul Goodison (GBR). Goodison, 2008 Beijing Olympic gold medallist in the Laser Class, raced another credible day to sit just 2 points behind, with Australia's Scott Babbage in third.
For overnight leader, Rob Greenhalgh (GBR), the day got worse before it got better. Greenhalgh was forced to retire from race 4, did not compete in race 5, but then escalated his performance with a win in race 6 to clamber back up to 16th overall.
Among the Japanese participants, Kohei Kajimoto, reigning Japanese Moth National Champion is setting the pace in 7th overall.
Sixty-six sailors from 10 countries are participating in the YANMAR Moth Worlds 2016.
The weather forecast for Thursday's race day 3 is set to be similar, with more breeze and big waves, and three races scheduled.
www.mothworlds.org/hayama/
Scarlino Sticks To The Plot
Scarlino, Tuscany, Italy: There were few surprises on the long awaited first day of the new 2016 52 SUPER SERIES season. The two light winds races adhered to the letter the widely expected plot line when Quantum Racing emerged with a small three points lead - smart, patient, percentage sailing being their Day 1 watchwords - and no fewer than four boats all log-jammed into a share of the same 7 points tally between second and sixth in the 11 boat fleet.
Just as every team has expressed their pre-season belief that this will be an incredibly close season, the level being almost universally high, so there is an immediate, ringing endorsement with four boats - all you would consider as podium contenders for a regatta or at the end of the season - unerringly finishing Day 1 on the same points. Takashi Okura's Sled won the second race and matched that to a sixth and are credited with second overall.
The Scarlino race arena - new to this 52 SUPER SERIES circuit - delivered light, shifty breezes which were hard to read. Staying in the best strands of wind pressure and changing gears was vital.
Scarlino Cup, Standings after Day 1, 2 Races
1. Quantum Racing, USA (Doug DeVos USA) (1,3) 4 points
2. Sled, USA (Takashi Okura USA) (6,1) 7
3. Platoon, GER (Harm Müller-Spreer GER) (5,2) 7
4. Alegre, GBR (Andres Soriano USA) (2,5) 7
5. Ran Racing, SWE (Niklas Zennström SWE) (3,4) 7
6. Provezza, TUR (Ergin Imre TUR) (4,9) 13
7. Bronenosec, RUS (Vladimir Liubomirov RUS) (9,6) 15
8. Xio/Hurakan, ITA (Guiseppe Parodi ITA) (8,7) 15
9. Azzurra, ITA (Pablo/Alberto Roemmers ARG) (7,8) 15
10. Gladiator, GBR (Tony Langley GBR) (10,10) 20
11. Paprec FRA (Jean-Luc Petithuguenin FRA) (11,11) 22
www.52superseries.com
Pierre Casiraghi Set To Take Off With Malizia
Monaco, Monday 23rd May. As part of the Yacht Club de Monaco's sailing policy, a new boat has just joined the Monegasque fleet. Called Malizia, she's a GC32 helmed by Pierre Casiraghi. Just out of the yard, this latest generation fully flying foiling catamaran is set to join the GC32 Racing Tour which kicks-off at Lake Garda on Thursday 26th May 2016.
Malizia symbolises the Grimaldi family's deep attachment to the sea in this tribute to Francesco Grimaldi, a Genovese who arrived by sea in 1297 and founded the Grimaldi family dynasty. He was nicknamed La Malizia in the Monegasque language, meaning "the wily one".
Pierre Casiraghi, winner of the Rolex Giraglia Race 2014 and Melges 32 Gold Cup the same year and 4th in the 2015 Sydney-Hobart, will be ably assisted by experienced sailors. "We're the youngest crew and I am by far the least experienced on the circuit! I am so fortunate to be surrounded by a team prepared to take up the challenge."
Among them is Sebastien Col, match racing specialist and regular participant in the America's Cup; Boris Herrmann, a pure product of offshore racing and driving force behind this project alongside Pierre; Richard Mason who is equally at home on an Olympic dinghy as he is in the offshore Figaro; and Adam Piggott straight from the Extreme Sailing Series circuit.
Supervising them is Pierre-Alexis Ponsot. Winner of the Baccardi Cup 2012, a French Olympic team member and with a clutch of victories in the Tour de France à la Voile under his belt, the coach has bags of experience to pass on.
www.ycm.org
Seahorse Sailor Of The Month
Last month's winner:
Andrej Justin (SLO)
'Brave, innovative but smart' - Dmytro Kudryavtsev; 'two great boats, the RC44 and L30, no further comment needed' - Hasso Ambroselli; 'The L30 (above) is a great contribution to sailing' - Alex Ivanov; 'The L30 really is a very clever idea' - Alex Dabrovski; 'Boats like the L30 are the future' - Yuri Vlasenko; 'Andrej is such a talented designer but he deserves wider attention' - Torsti Pullola; 'He has also had a strong influence in sailing in the Ukraine' - Alex Molatai; 'He is unafraid to follow his instincts' - Andrey Nazximko.
This month's nominees:
Don McIntyre (AUS)
It started as a new race that he wanted to do himself, but very quickly the event that he created - the 2018 Golden Globe, for serious Corinthian singlehanded racers - took off so fast that this former BOC Challenge skipper will now stay ashore as organiser. With two years still to go, there are already 35 serious expressions of interest and 25 confirmed entries for a race that has fired huge energy into the non-professional solo racing scene
Mark Turner (GBR)
Another solo event that historically attracted both the very best sailors as well as a sometimes quirky fleet of yachts was the Transat. But, started in 1960, the race had quietly faded from public consciousness as higher-profile events like the Route du Rhum and Vendee Globe stepped in. New Volvo Race CEO Mark Turner - a bit of a traditionalist - was not prepared to see the event die and fought to save it. The 2016 edition was a pleasing vindication of his efforts
Seahorse Sailor of the Month is sponsored by Musto, Harken McLube & Dubarry. Who needs silverware, our prizes are usable!
Cast your vote, submit comments, even suggest a candidate for next month at seahorsemagazine.com/sailor-of-the-month/vote-for-sailor-of-the-month
To subscribe to Seahorse Digital £30 for one year with discount promo code SB2 click www.seahorse.co.uk/shop/digital
Xabi Fernandez Signs For Land Rover Bar
Land Rover BAR has once again strengthened its sailing team with the addition of Xabi Fernandez. The Spanish sailor has a tremendous depth of experience, with a gold and silver medal in the Olympic 49er (with Iker Martinez) from 2004 and 2008, along with three 49er world championship titles.
He has been just as successful in the rather different discipline of long distance racing offshore, with a second place in the Barcelona double-handed non-stop round the world race (also with Iker Martinez) and a podium finish in the Volvo Ocean Race. Xabi Fernandez also has experience of the America's Cup, having raced with Luna Rossa in the 34th edition in San Francisco.
LandRoverBAR.com
GC32 Racing Tour 2016 Sets Sail On Lake Garda
The 2016 GC32 Racing Tour gets underway later this week with the first of two regattas on one of the world's most magnificent regatta venues, Lake Garda. The GC32 Riva Cup will take place over Thursday 23rd May until Sunday 26th May, from the Fraglia Vela Riva in Riva del Garda, on the Italian lake's northernmost corner.
In addition to its natural beauty, nestled within the Italian Alps, Lake Garda is renowned for its exceptional wind conditions and flat water. The venue was chosen by the GC32 Racing Tour as this combination is perfect for teams to get maximum performance from their foiling one design catamarans.
New owner-driver trophy
The GC32 Racing Tour has been set up to provide foiling catamaran racing in the best locations, this year including Lake Garda, Palma and Marseille, on courses, and with the best chance of conditions, to allow crews to foil their GC32s and get the most from these lightning-quick catamarans. These features also make the circuit well suited to experienced owner-drivers.
As a result, and as a first for this 2016 season, the GC32 Racing Tour will run an owner-driver ranking in addition to its main overall leaderboard. This ranking is open to GC32 teams with a World Sailing Group 1 amateur helm.
www.gc32racing.com
Gearing Up In Charleston
Charleston, SC, USA: Nine teams representing the U.S., Canada, Sweden, England, France and Spain will start the 2016 Atlantic Cup presented by 11th Hour Racing at the Charleston Maritime Center Saturday, May 28. Tenth entry Carac skippered by Louis Duc will be unable to make the start in Charleston. Following his second place finish in a brutal Transat race, the boat has suffered technical damage, but it is their hope to race in Leg 2 and 3.
With three days to the start, teams are presently based at City Marina and are busy making final their preparations. For most this will be their first Atlantic Cup and also their first time sailing in the Gulf Stream and the United States.
The newest boat in the fleet, Earendil's Antoine Carpentier arrived into the basin on Tuesday after having some repair work done to the keel and rudder. Antoine spoke about his excitement on racing into New York City, "I came to Charleston once with Giovani Soldini's Maserati program, but I arrived and left the day after by plane so I haven't really sailed in the US. I've never sailed into New York before, my camera is ready to take a selfie with the Statue of Liberty!"
The 2016 Atlantic Cup will start in Charleston, S.C., May 28, stop in Brooklyn, N.Y., May 31-June 4 and culminate in Portland, Maine, June 6-11
www.atlanticcup.org
Gosport Peninsula Charity Pursuit
The inaugural Gosport Peninsula Charity Pursuit was officially started off Gilkicker Point in the eastern Solent on Saturday 21st May. All 20 yachts with all 96 crew onboard crossed the finish line after the fun chase around the solent.
The event, modelled on the Eddystone Charity Pursuit in Plymouth, is mainly about fundraising for good causes rather than winning the trophy, The Gosport Challenge Cup, from the town hall's silverware cabinet.
The weather conditions were just right to allow the 24 mile course, sailing around the Nab Tower and back to Gilkicker via Browndown. The Pursuit is organised by Gosport Marine Scene CIC as part of the Gosport Marine Festival events series.
Around £5000 of fundraising for 13 charities has been confirmed to date, with 8 yachts still confirming their final total. Local charities benefiting include: Gosport Sea Cadet Unit, GAFIRS, Rona Sailing Project, Portsmouth Sail Training Trust, Royal Artillery Charitable Fund, Street Pastors, The Vernon Mine Warfare and Diving Monument, as well as several national charities.
Due to the success of the event Gosport Marine Scene have announced the date of the 2017 pursuit as Saturday 10 June. Entry forms will be available on www.gosportmarinescene.com shortly.
As One Race Finishes The Next Is Confirmed
As The Transat bakerly 2016 came to an end today - with the last finisher crossing the line off New York - the race owner and organiser, OC Sport Pen Duick, confirmed that it will be in the calendar for 2020, following on from the Route du Rhum - Destination Guadeloupe in 2018.
Herve Favre, the Event Director of The Transat bakerly, said the two races - both of which are owned and organised by OC Sport Pen Duick - are now offered as an alternating and complementary pair of classics for professional solo single-handers. Both races will continue to feature the same classes as in The Transat bakerly - namely Ultimes, IMOCA 60s, Multi50s and Class40s.
"The idea to re-launch The Transat bakerly this year was for us to have a classic solo race on offer every two years and we hope that this race will in future attract as many entries as the Route du Rhum," said Favre. "We hope that having the two races now firmly established on the racing calendar will help sailors and their sponsors to plan their campaigns around them."
Favre's comments came as the final competitor to reach the finish - Hiroshi Kitada in the Class40 Kiho - crossed the line off Sandy Hook. Kitada now enjoys the distinction of being the first Japanese sailor to complete the race after 22 days, 18 hours and three minutes at sea.
www.thetransatbakerly.com
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Letters are limited to 350 words. No personal attacks are permitted. We do require your name but your email address will not be published without your permission.
* From Eddy Mays: re: World's Largest Model.
I hate to be pedantic but with reference to Ted Ruegg's letter in today's column
If something is 'full scale' then can it be a model? The OED defines 'model' thus:
'A three-dimensional representation of a person or thing or of a proposed structure, typically on a smaller scale than the original'
Whilst this definition does not preclude a model being full scale I would have thought that the common perception of something in full size would have been to call it a 'replica'
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1st - Peter Gast Schiffahrtsregatta - 2012
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Heritage conservation is founded on a modernist view of the supremacy of reason and science over faith, religion and belief.
The foundations of these stupas were probably damaged by flood water before the roadway was built. Should conservation work be undertaken?
This leads to the conservation policy of detaching objects from their cultural contexts and freezing them in time. If the culture that produced the object has died, this may be justifiable. But a different policy is surely necessary when, as with Buddhism in Ladakh, the culture is alive.
Stupas are a case in point. They were made for religious reasons, to symbolise man's place in space-time and the universe.
Building a stupa yields merit. Maintaining a stupa yields merit. Going clockwise around a stupa yields merit. Yet seeing a stupa decay is also instructive, as an illustration of impermanence, of anicca. With his last words, the Buddha reminded his followers that 'All created things are impermanent'. So good actions are more important than any material or worldly goods. Similar considerations apply to the conservation of historic gardens, and much else.
Denis Byrne writes that 'the life of a stupa is one of disintegration and accumulation'. I agree, and I also believe 'that the life of a garden is one of disintegration and accumulation'. Only a few gardens and a few stupas should be managed like museum exhibits. Some stupas do memorialise the lives of holy men, but none were conceived as 'sleeping places' for the dead, which is the origin of the word 'cemetery'. The Buddha was cremated and his ashes were scattered by dividing them among his followers.
Roadside stupa in Ladakh: is it good that so many people see the stupa? Or is it bad that the trucks damage stupas?
This entry was posted in Asian gardens and landscapes, Buddhist gardens and environmental ethics on 16th July 2018 by Tom Turner.


First version of a Darcap handling plugin.
Correctly make monster face its direction when using move_to.
Pass an empty string rather than NULL to command_function if no parameters are given.
played - use 64 bit interim values.
Prevent DMs from using 'quit', else they aren't actually deleted.
Try to fix disappearing dragon abilities when converting to a god.
tracking easy to add in. Output is shown in the statistics command.
Send the pickup also when 0.
Send 'pickup' update to clients requesting it when the player uses the 'pickup' command directly.
Honore NO_PICK flag even if generated book is empty.


The Migraine Action Association has warned that energy efficient bulbs, which will be the only type of bulbs on sale in the UK by the end of 2011, can trigger migraines.
It said it had been inundated by calls from members who claimed flickering from the fluorescent bulbs had brought on painful headaches.
Association chiefs appealed to the Government not to completely phase out traditional light bulbs.
Skin experts claimed this week that low-energy lightbulbs could exacerbate a range of existing skin problems such as lupus, and certain forms of eczema and dermatitis.
The British Association of Dermatologists is among a number of groups that called for exemptions to the ban on traditional bulbs.
Spectrum, an alliance of charities, has been running a campaign against the changes.
It estimates that tens of thousands of sufferers will be unable to use electric lights in their homes or go anywhere with electric lighting after the ban takes effect in 2011.
The BBC reported this week that the Environment Agency wanted more information and health warnings to be made available about the disposal of energy-efficient light bulbs, because they contain a small amount of mercury.
However, an Environment Agency spokesman told edie that the organisation was not concerned about health risks, but wanted more information to be made available about how old bulbs should be recycled under the Waste Electrical and Electronic Equipment regulations.
The agency said it would not discourage people from making the switch to energy-efficient bulbs, which contain tiny amounts of mercury compared to thermometers and barometers.
Government ministers said in September the switch to low-energy lightbulbs will save up to 5m tonnes of carbon dioxide a year by 2012.


Award bookings on Air France/KLM routes have been reduced by 25-50% for travel between June 1 – July 31.
Book between April 1 – 30, 2014.
This is the second round of Air France/KLM FlyingBlue's new program for promo awards. They used to publish lists every 2 months, the booking period started immediately and would be valid for appx 2 months. The new plan is that they are publishing new lists every month but the available dates will be 2 months out for a period of 2 months. They promise "more availability" and a "greater choice of routes"–this list is looking pretty weak though. Typically, they would release ~40 cities with Economy, Premium Economy and Business Class seating options. The March 2014 round had appx 25 cities with only Economy seating options. This list for April 2014 has only 15 cities so far, mostly at the 25% off discount.
US to Europe awards are generally 50k in Economy, the best they're offering this round is Economy for 25% off. The kicker, however, is that you'll still be responsible for fuel surcharges.
Booking for this deal runs from April 1 to April 30, 2014.
BOTTOM LINE: FlyingBlue has revamped the program and, overall, we really like what we see. Being able to fly from the U.S. to Europe for 37,500 miles in the summer is a steal these days and yields 3+ cents/mile–availability is better than normal, too. Keep up the good work, FlyingBlue!


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United States Stamford Connecticut state government Ned Lamont General news Health Coronavirus Infectious diseases Diseases and conditions Lung disease Immunizations Public health Nursing homes Aging and disability services Disease outbreaks COVID-19 pandemic Health statistics Demographics Social affairs
Lamont credits vaccinations to declining infection rate
STAMFORD, Conn. (AP) — Gov. Ned Lamont credited the growing number of vaccinations in Connecticut with the state's declining rate of COVID-19 infection, noting Friday the number of nursing home residents and people 75 years and older who are getting infected is "way down."
According to data through Feb. 11 from Johns Hopkins University, the rolling average number of daily new cases in the state has dropped by slightly more than 630, a decrease of 34%.
"It's making a difference in the terms of we've got everybody in our nursing homes vaccinated and the number of complications coming out of our nursing homes is way down. Number of infections way down," Lamont said Friday outside Stamford Hospital, where a vaccination clinic was happening. The Democrat also noted that COVID-related hospitalizations are also declining.
Data released Friday show there were 674 people hospitalized, a decline of 57 since Thursday and the lowest number in months.
"That's because Connecticut is smart, they're getting vaccinated, they're wearing the mask. It's making a difference," he said. "Do things that make a difference a little bit longer ... and it will be a great spring here in Connecticut."
This week, residents 65 years and older were able to begin signing up for vaccination appointments. Lamont, who is 67, said Friday that he hopes to get his first shot in the coming days.
"Usually people lie about their age in the other direction. This is a time where people are pretty happy to be 65 or over," he said. "I'll get vaccinated, I hope next week."
Meanwhile, there were 838 new confirmed and probable COVID-19 infections since Thursday. The number of COVID-associated deaths increased by 27, for a total of 7,381 people. Researchers at Johns Hopkins said Connecticut's death rate as of Thursday ranked the 21st highest in the country overall and the eighth highest per 100,000 people.
In other coronavirus-related news:
MORE CASES OF UK VARIANT
The Connecticut Department of Public Health also reported 22 additional cases of the new coronavirus variant first identified in the United Kingdom. To date, there have now been a total of 42 cases of the B117 variant in Connecticut.
The newly identified cases stem from specimens that were collected between Jan. 12 and Feb. 3. The individuals involved range in age from 5 to 90 and are residents of 19 communities.


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Courtyard by Marriott Debuts in Phuket With the Opening of Courtyard by Marriott Phuket Town
Home/Courtyard by Marriott Debuts in Phuket With the Opening of Courtyard by Marriott Phuket Town
Courtyard by Marriott | November 09, 2021
PHUKET, THAILAND — November 9, 2021 — Courtyard by Marriott, part of Marriott Bonvoy's extraordinary portfolio of 30 hotel brands, today announced the opening of its newest hotel on the tropical island of Phuket, Thailand. Located in the heart of Phuket's old town, the 248-room Courtyard by Marriott Phuket Town is set to provide a sophisticated yet comfortable environment for guests as they explore the rich culture and heritage of southern Thailand.
"We are excited to bring the Courtyard by Marriott brand to Thailand's most famous resort destination with the opening of Courtyard by Marriott Phuket Town," said Jakob Helgen, Area Vice President of Thailand, Vietnam, Cambodia, and Myanmar, Marriott International. "The opening of Courtyard by Marriott Phuket Town marks Marriott International's 46th property in Thailand and further compliments our commitment to growth in the region, bringing a diversified portfolio for different types of travelers to this popular leisure destination."
Located approximately 40 minutes minutes away from Phuket International Airport by car, Courtyard by Marriott Phuket Town is easily accessible from other regional and international destinations. The hotel is perfectly positioned in the historical center of this charming provincial capital, allowing travelers to explore authentic local markets, such as the Sunday Walking Street Market and Chillva Market, as well as museums and temples that reflect the island's classical Sino-Portuguese and Peranakan heritage. Guests can discover the best that Phuket has to offer from nearby shopping, dining, and entertainment venues. Those looking to experience Phuket's picturesque beaches can visit the popular Patong Beach and Kata Beach, both within less than half an hour's drive from the hotel.
Accentuating contemporary design that encompasses comfort and functionality, the new hotel's decor also incorporates elements of traditional Thai arts and crafts, creating a connection to the local community. Courtyard by Marriott Phuket Town features 248 thoughtfully designed rooms and suites, including two 140-square-meter Presidential Suites, which are fully equipped with an array of amenities including flat-screen televisions, a comfortable work desk and high-speed internet access. The separate living area with a window side lounger in each suite provides guests a perfect spot to recline, relax and enjoy the view.
Committed to suit the palate of its global guests, the hotel's all-day dining restaurant Krua Talad Yai offers authentic southern Thai cuisine and popular international dishes. The Talung Lounge provides guests a space to indulge in the finest coffee with freshly baked cakes and confectionaries, and lastly Kolae Pool Bar is the ideal place for guests to unwind and relax over cocktails and light bites.
Other leisure amenities at the hotel include the Kid's Club, a dynamic space for family travelers to create new memories. For travelers looking to stay fit while on the road, the hotel's fitness center and outdoor swimming pool are readily available for a swim or quick workout. The hotel also offers extensive facilities for meetings, business conferences and social events. The versatile event space includes a 660-square-meter pillarless Grand Ballroom and several flexible function spaces that are perfect for corporate and social gatherings.
"Beach lovers have always been drawn to Phuket's tropical shores, but the renowned 'Pearl of the Andaman' has so much more to offer than just sun, sea and sand. Phuket Town is a melting pot of Asian heritage, and guests can soak up the diverse spirit of the island through its art, architecture, customs and cuisine. Courtyard by Marriott Phuket Town will blend this timeless culture with modern, forward-thinking hospitality to create truly memorable guest experiences in a unique setting," said Pamela Ong, Hotel Manager for Courtyard by Marriott Phuket Town.
Courtyard by Marriott Phuket Town is certified under the Tourism Authority of Thailand's (TAT) Amazing Thailand Safety & Health Administration Plus (SHA+) program, which ensures that at least 70% of its staff members have been fully vaccinated against COVID-19. This means that it can welcome international travelers, without the need to quarantine, under the "Phuket Sandbox" program. The hotel will also uphold the highest levels of health and safety standards under Marriott International's "Commitment to Clean" program, which is redefining hygiene protocols in all areas in hotels and resorts around the world.
For more information about Courtyard by Marriott Phuket Town, or to make a booking, please visit www.courtyardphukettown.com.
About Courtyard by Marriott
Courtyard by Marriott is the hotel brand of choice for trailblazing guests who are inspired by a passion to do great things. With more than 1,200 locations in 60 countries and territories, Courtyard is passionate about empowering its guests and serving the needs of travelers everywhere, no matter the purpose of their trip. Its thoughtfully designed guestrooms provide an elevated experience to relax and recharge, complete with plush bedding and flexible workspaces. Guests are able to work, eat well, connect, and be at their best to keep moving forward to succeed. For more information, visit courtyard.marriott.com.
About Marriott Bonvoy®
Marriott Bonvoy's extraordinary portfolio offers renowned hospitality in the most memorable destinations in the world, with 30 brands that are tailored to every type of journey. Members can earn points for stays at hotels and resorts, including all-inclusive resorts and premium home rentals, and through everyday purchases with co-branded credit cards. Members can redeem their points for experiences including future stays, Marriott Bonvoy Moments, or through partners for luxurious products from Marriott Bonvoy Boutiques. To enroll for free or for more information about Marriott Bonvoy, visit marriottbonvoy.com.
courtyard by marriottCourtyard by Marriott Phuket Townnew hotel opening


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A Warning to "Good Guys"
Home » Bankruptcy » A Warning to "Good Guys"
In the 1960's, New York City's WMCA radio called itself the "Good Guys." Today, referring to a "good guy" frequently means a "good guy clause" in a guarantee for a commercial real estate lease. A "good guy clause" generally provides that as long as the tenant: a.) pays its rent through its vacating the premises; b) provides the landlord with advance notice of its leaving, and c.) leaves the premises in good condition, then the guarantor limits their personal liability for the balance of the lease's rent. This provides landlords with some assurance rent will be paid while the tenant uses the space.[1] The guarantor is usually one or more of the corporate tenant's investors.
Sounds like a good deal, as long as you're really a good guy.
A Non-Dischargeable Good-Guy Clause Scenario
We recently represented a landlord where its tenant owed nine months of rent, was on the eve of an eviction judgment, and then filed to reorganize under chapter 11. The tenant had no hope of reorganizing and had to be ordered to pay rent. The restaurant owner had a "good guy" guaranty. By filing the bankruptcy case and remaining delinquent on rent, the owner was no "good guy." It was also obvious that the owner/guarantor was pocketing the rent money and filing his own bankruptcy case, when the tenant's case ended.
How is it Not Dischargeable?
A guarantee is a contract. Debts arising from breaches of contract are usually dischargeable in bankruptcy, even if the breach is intentional.[2] However, "aggravating circumstances" can transform a simple breach of contract into a "willful and malicious injury" not dischargeable by Bankruptcy Code 523(a)(6).[3] Aggravating circumstances include intentional injury[4] such as conversion of economic opportunities[5] and intentional failure to return collateral to a secured creditor.[6]
We see landlords as analogous to secured creditors. Secured creditors are entitled to the return of their collateral on a security agreement's default. Landlords are entitled to the return of their property on a lease's default. The analogy is recognized by both landlords and secured creditors having a right to "adequate protection" payments while their property is being used in a bankruptcy case.[7]
A "good guy" guarantor whose entity stays on the property without paying rent, post-default may be seen as converting the landlord's collateral or converting the landlord's opportunity to rent the property to someone else. The decision to retain the property and pocket the rent is not accidental. It is intentional. Plus, the "good guy" provision of the guarantee enabled the guarantor to avoid liability for future unpaid rent. By not being a "good guy" the guarantor becomes a "bad guy." Being a "bad guy" has its ramifications. One of them may be that by becoming a "bad guy," the guarantor abandoned their "good faith" and accepted personal liability.
By becoming a "bad guy," the "good guy" guarantor may no longer be an "honest but unfortunate debtor"[8] eligible to discharge that debt. Think about it and share your thoughts with us. For "good guys" everywhere, forewarned is fore-armed.
[1] Commercial Real Estate Transactions § 10:55 (3d Ed.)
[2] Kawaauhau v. Geiger, 523 U.S. 57, 62 (U.S. 1998), Rescuecom Corp. v. Khafaga (In re Khafaga), 419 B.R. 539, 549-550 (Bankr. E.D.N.Y. 2009)
[3] Such "aggravating circumstances" should "evidence conduct so reprehensible as to warrant denial of the 'fresh start' to which the 'honest but unfortunate' debtor would normally be entitled under the Bankruptcy Code." . . .. This requires careful consideration of the particular facts and circumstances, and the determination of "whether sufficient aggravating [*circumstances exist is made by looking to the totality of circumstances on a case-by-case basis.
VW Credit, Inc. v. Salim (In re Salim), 2015 Bankr. LEXIS 815, 66-67 (Bankr. E.D.N.Y. Mar. 16, 2015) (Citations omitted).
[4] See, S. F. Norberg, CONTRACT CLAIMS AND THE "WILLFUL AND MALICIOUS INJURY" EXCEPTION TO THE DISCHARGE IN BANKRUPTCY, American Bankruptcy Law Journal Spring, 2014, p.175.
[5] In re Bane, 2010 WL 6451886 *4 (9th Cir.BAP)
[6] See, S. F. Norberg, at 213.
[7] See, 11 U.S.C. 363.
[8] Grogan v. Garner, 498 U.S. 279, 286, 287, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991).


Tyneside's Warfare are widely considered to have been the original metal punks. The band was formed by drummer Evo in late 1983. Evo had learned his trade in legendary Oi! Band Major Accident from Darlington. Leaving Major Accident Evo moved to London and briefly joined The Blood (whose »False Gestures For A Devious Public« is a classic early crossover/metal album, which peaked at number 62 in the official UK charts in 1983). Before creating his own monster, Evo also had a short spell drumming for the Angelic Upstarts, one of the original British oi! bands (from South Shields). "I got on very well with Mensi from the Upstarts," says Evo today.
However, in late 1983 it was time for Evo to form his own band. Together with Gunner on guitar and Falken on bass Warfare was formed. The album »Pure Filth: From The Vaults Of Rabid Metal« collects nine early recordings of songs such as "Total Armageddon", "Collision", "Breakout", "Dance Of The Dead" and "Limit Crescendo". The bulk of the material ended up on the proper »Pure Filth«, recorded at Impulse Studios and issued by Neat Records in 1984. However, the versions to be found on »From The Vaults Of Rabid Metal« are totally different, often played much faster than on the original album. Some of the songs have even been recorded on 24 tracks. Missing from this collection of high-quality pre-album recordings is "Rose Petals Fall From Her Face", on which Cronos of Venom shared the vocals with Evo in the studio. To produce »Pure Filth« Evo had asked an old friend for help: Algy Ward of Tank was responsible for the production of the album.
The material on »Pure Filth: From The Vaults Of Rabid Metal« has been carefully re-mastered by Patrick W. Engel at his Temple Of Disharmony studio.


Keeping backyard chickens around your food gardens is an important part of widening the living system that supports your soil fertility process. Its very possible in urban environments to have chickens and for the most part, they are a pleasure to be part of the "garden family".
But I have to say that in keeping backyard chickens at our home, I am very challenged at times by how they interact with our vegetable garden. I wanted to share my insights from the last 20 years.
Our chicken population has ranged from 8 down to the current 2. We always have their beautiful eggs and we feed them some of our food scraps (all organic of course) and also buy layer mix which is certified organic. Nothing but the best for our chickies!
This was a reasonably large fenced space with a safe chicken structure for roosting inside the space for up to 8 chickens. The area had shady trees (very important in a warm climate) and the grass soon disappeared from chicken scratching.
We let them out of the fenced space later in the afternoon to roam in the grassy area nearby. Sometimes they got through fences and reached the vegetable garden but because the vegetable gardens were quite a distance from their space, they rarely went to the vegetable gardens.
I used their manure and old hay bedding within my composting system. If I had any plastic compost bins that had gone anaerobic, these would be dumped just outside the fenced space and the chickens loved it. Pumpkins would soon be growing in this grassy space.
This fixed pen system worked well and because we let them out in the afternoons, they had variety, but they did sneak into the food gardens at times but due to distance, not so often.
This metal device on rollers is 3 x 2m and can be moved with relative ease. Its snake and other animal proof and we have kept 2-3 chickens in that pen. It has a heavy wire base so they can scratch the dirt. We moved it around every few weeks to another place in our orchard.
We keep them in the pen until late afternoon and let them out to roam close to the house.
They would often visit the vegetable garden. They always made their way back to the pen as the sun was going down and if I had forgotten to close their pen for the night and they were not visited by creatures at night, then by the time I was out of bed in the morning, they had often turned the vegetable garden into a dirt mound with all mulch moved, all new seeds gone and all seedlings demolished.
Managing chickens with this system was OK for the chickens except for them being locked up on the small pen until late afternoon. Unfortunately it was horrendous for the vegetable garden. Once the chickens know the best place to find worms (my fertile biodynamic vegetable garden), they always make a beeline for it.
This method of keeping backyard chickens includes the metal chicken tractor within a wire fenced area of about 30m2 in our orchard. The fence is chicken wire of 1.5m high and held in place with star pickets. We can move the fence and pen relatively easily, but due to the size of the space they have, it takes quite sometime before the chickens have severely demolished all the organic matter in the soil.
They have a good shade tree from a big mulberry in our orchard and space for their dirt baths (very important for their health). The chicken tractor is opened in the morning and closed in the evening and they cannot reach our vegetable garden unless they dig under the fence. We have trimmed feathers on one of their wings so they can't fly out.
This method gives them diversity of space and sufficient area to roam. We could increase the population to 4 from 2 but this depletes the grass organic matter much faster. We throw grass clippings and garden scraps (old plants and weeds) into the pen. The orchard seems happy and the veg garden has not been visited by our chickens for sometime. Once we move the pen to the next space, after about 6 months, the soil in the old space will be used to help with new vegetable garden beds and over a few years, we can have a complete rotation of the space.
Keeping backyard chickens has many positives. They provide food for us via the eggs, they recycle some of our food and garden waste and their manure is part of our soil management process. Our children interact with them and they have become pets.
I always remember saving one of our hens for the third time from a python and the chicken had not laid eggs for a year. The last time I saved the chicken (which seemed indestructible), I looked at the python and apologised for taking its evening meal. A "real farmer" would not have been so sentimental in keeping backyard chickens!
PS: Consider our 2 day introduction to biodynamic food growing workshop in March 2018 as a Christmas gift or our mentoring package. Very green gifts!
Posted in biodynamic gardening, Fruit tree growing, Mentoring, urban agriculture, urban farming, vegetable gardening and tagged acreage living, biodynamic agriculture, biodynamic gardening, food gardening, organic gardening, vegetable gardening.
Great use of parts and way to maintain the garden. Thanks for the insights.


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Judge invalidates development approvals for conversion of Costa Mesa Motor Inn
Los Angeles, CA – May 17, 2017 – A developer may not convert a Costa Mesa residential motel to a luxury apartment complex by circumventing planning and zoning requirements for affordable housing, a Los Angeles Superior Court judge ruled last week in The Kennedy Commission, et al. v. City of Costa Mesa, et al.
"This decision is helping us to take another step toward holding city's like Costa Mesa responsible for creating housing opportunities for everyone. We have much more to do on behalf of Orange County residents like Timothy Dadey, but this decision will help the Kennedy Commission to continue to create affordable housing solutions in a County that is facing an affordable housing crisis," said Cesar Covarrubias, Executive Director of the Kennedy Commission, an Orange County housing advocacy organization serving as organizational petitioner in the case.
Judge Mary H. Strobel invalidated development approvals for conversion of the Costa Mesa Motor Inn because the City allowed the proposed project to be built at 54 units per acre, well above the maximum 40 units per acre she said was permitted by local planning and zoning laws. The court ruled that under the state's Density Bonus Law, cities may permit an increase in density only if the developer agrees to build some units affordable to poor people. That did not happen in this case, said Judge Strobel, who also held that the development approvals violated the City's General Plan for land use.
"This sends a strong message to other cities and developers that they may not ignore important affordable housing laws to displace low income households in pursuit of redevelopment and luxury housing," stated Michael Rawson, Director of the Public Interest Law Project (PILP).
"The state law gives developers an incentive to build affordable housing," said Navneet Grewal, an attorney at the Western Center on Law and Poverty, who represents the Kennedy Commission and four former tenants of the Motor Inn. "What the City and the developer improperly tried to do here was exactly the opposite – build luxury housing at the expense of low income tenants."
The lawsuit also contends that under state law displacement of the long-term tenants requires the City to prepare a relocation assistance plan, which would include reimbursement for moving and related expenses. "For many years, the City has acted on a plan to demolish the Motor Inn and evict its long-term residents," said Julian Burns from Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, another attorney for the petitioners. "The City may not do that without giving the assistance the law requires."
Judge Strobel agreed that it was "undisputed that persons who were long-time residents of the Motor Inn have been required to vacate the premises." But the court stated it was unnecessary to decide the relocation issues, transferring the matter to another judge for trial
In addition to PILP, the petitioners are represented by the Public Law Center (PLC) in Santa Ana, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C., the Legal Aid Society of Orange County, and Western Center on Law and Poverty (Western Center) in Los Angeles. PLC Affordable Housing and Homelessness Prevention Unit staff attorney Richard Walker played a significant part in the litigation team.
Learn More: Orange County Register and Los Angeles Times.
About our co-counsel:
Public Law Center, Orange County's pro bono law firm, is committed to providing access to justice for low-income and vulnerable residents through counseling, individual representation, community education, strategic litigation and advocacy to challenge societal injustices.
Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. is a boutique litigation firm, whose trial lawyers defend national and multinational corporations, government agencies, closely held companies, partnerships, and individuals.
Legal Aid Society of Orange County and Community Legal Services of southeast Los Angeles County provides civil legal services to seniors and low-income individuals and promotes equal access to the justice system.
Western Center on Law and Poverty, an independent nonprofit law firm originally founded as a joint legal clinic of the law schools of USC, UCLA, and Loyola, brings about system-wide change on behalf of low-income individuals and families through impact litigation, advocacy, negotiations, and legal aid support.
Staff : June 1, 2017 12:37 pm : News and Updates
Court Rejects Preliminary Injunction to halt Mountain View Rent Control Measure!
Mountain View, CA — On April 5, 2017, Mountain View tenants, proponents of Measure V and advocacy groups won a major victory when the Santa Clara County Superior Court denied the California Apartment Association's (CAA) request for a preliminary injunction of the voter approved Community Stabilization and Fair Control Act (Measure V). The Act, approved by the voters in November, establishes rent stabilization and just cause eviction protections in the City. The denial of the preliminary injunction lifted the temporary restraining order imposed by the Court through a stipulation of the City and CAA.
The Court ruled that the CAA was not likely to prevail in the case and had not demonstrated that landlords would be irreparably harmed if the measure was allowed to take effect. Residents Joan MacDonald, Steve Chandler, Linda Williams, Urban Habitat, and Faith in Action intervened in the suit brought by the CAA against the City, challenging the legality of the measure. Intervenors are represented by PILP, the Law Foundation of Silicon Valley, the Stanford Community Law Clinic, and Fenwick and West. For more information, contact Michael Rawson at PILP, 510-891-9794 ext. 145 or Craig Castellanet at 510-891-9794, ext. 132.
Staff : April 14, 2017 4:22 pm : News and Updates
PILP and co-counsel honored with 2017 CLAY Award
PILP attorneys Craig Castellanet and Michael Rawson and their co-counsel at Public Law Center and Jones Day received 2017 California Lawyer Attorneys of the Year awards for their work in The Kennedy Commission v. City of Huntington Beach.
The City had adopted a downtown specific plan providing high density to multifamily sites to meet the City's lower income housing needs identified in its housing element. But, when a new city council took over, the City illegally amended the specific plan to eliminate the zoning. Representing the Kennedy Commission and low income Veterans, the litigation won a ruling declaring the specific plan amendments void when adopted.
The City is appealing the Court's decision and has reportedly refused to comply with the orders.
Read more about the case and the other 2017 CLAY award honorees here.
Staff : April 5, 2017 3:17 pm : News and Updates, Staff Announcements
Los Angeles County Superior Court Enforces Judgment Protecting Affordable Housing in Huntington Beach
Orange County, CA — On April 15, 2016, the Los Angeles County Superior Court agreed with Jason Puleo and William Adams, two formerly homeless veterans, and the non-profit Kennedy Commission (Petitioners), represented by PILP's California Affordable Housing Law Project, the Public Law Center (PLC), and Jones Day, that the City of Huntington Beach must "immediately comply with the judgment and writ of mandate and to cease enforcing, administering or implementing the [BECSP Amendment]." See Order Enforcing Judgment.
The BECSP Amendment effectively blocked any low-cost housing in the City, imposing a development cap, burdensome parking, setback, height, and use restrictions, and costly and time-consuming discretionary permit requirements. "This year-long effort to force the city to simply comply with state law and its own Housing Element, the 'Constitution' for development, reminds all of us that we must remain vigilant and be prepared to fight efforts to block affordable housing." said PLC staff attorney Sarah Gregory.
"Although this Superior Court decision…is a win for affordable housing in Huntington Beach, our work to ensure veterans and other vulnerable individuals can continue to call Orange County home will continue"
-Sarah Gregory, PLC staff attorney
The Huntington Beach City Council adopted the BECSP Amendment on May 4, 2015, despite months of efforts by the Kennedy Commission and the two displaced veterans, who had been forced to leave Huntington Beach due to the lack of affordable housing in the city. The City of Huntington Beach had refused to comply with previous court orders, continued to enforce the BECSP Amendment, and appealed a January 20, 2016 judgment in favor of the Petitioners.
Petitioners sought to force Huntington Beach to implement its state-approved General Plan Housing Element, which was approved by the California Department of Housing and Community Development in 2013. The General Plan Housing Element–referred to as the "Constitution" for all planning and development within the city–allowed for the development of high-density low-cost housing by-right along the city's Beach-Edinger commercial corridor in order to accommodate the city's housing needs for low-income residents. Sarah Gregory said, "Although this Superior Court decision on the BECSP Amendment is a win for affordable housing in Huntington Beach, our work to ensure veterans and other vulnerable individuals can continue to call Orange County home will continue in earnest."
Read More: Order Enforcing Judgment
Read More: PLC Press Release
Staff : April 21, 2016 9:54 am : News and Updates
Permanent Injunction Granted Against Alameda County Protecting Food Stamp Applicants
A federal court judge entered a permanent injunction against Alameda County on March 7, 2016 requiring it to process CalFresh (food stamps) applications within the federal and state-mandated timelines and orders the county to "comply fully within a margin of human error with the legally mandated times for processing expedited and regular CalFresh applications."
Federal law requires that counties process food stamp applications benefits within 30 days and California state law requires emergency food stamp applications be processed within three days.
The injunction requires Alameda County to submit monthly reports detailing the progress of its compliance to both the Court and Plaintiffs' Counsel. Plaintiffs are represented by PILP, Western Center on Law & Poverty, and Pillsbury Winthrop Shaw Pittman LLP in this federal class action lawsuit.
The injunction will remain in place at least one year and potentially longer if Alameda County cannot begin complying with state and federal law.
Learn more about the case here.
Courthouse News Service article from March 8, 2016.
Staff : March 15, 2016 12:28 pm : News and Updates
U. S. Supreme Court Refuses to Consider Decision Upholding Inclusionary Zoning
Washington, D.C., February 29, 2016 – The United States Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, a lawsuit that challenged San Jose's inclusionary housing ordinance. The California Building Industry Association had petitioned the Court for review of the California Supreme Court's June 2015 decision, which held that inclusionary housing requirements are not "exactions" and that they need only be reasonably related to the legitimate government purposes they set out to further. Over 170 cities in California have inclusionary programs requiring new market-rate housing developments to include affordable housing.
The Public Interest Law Project, the Law Foundation of Silicon Valley and the law firm of Wilson Sonsini Goodrich & Rosati (pro bono) represent non-profit affordable housing advocacy organizations who intervened as parties in the case in support of San José's ordinance: Affordable Housing Network of Santa Clara County, California Coalition for Rural Housing, Housing California, Non-Profit Housing Association of Northern California, San Diego Housing Federation, and the Southern California Association of NonProfit Housing. We applaud these groups for stepping forward to save this critical affordable housing tool.
San José's inclusionary housing ordinance, which requires developers of certain new market-rate housing to include a certain percentage of homes that are affordable to low- or moderate-income households, or to choose from a menu of other compliance options, was passed by City in 2010 but has been on hold because of the litigation, which was filed before the ordinance ever became operative.
For more information contact Michael Rawson at PILP.
Staff : March 14, 2016 4:36 pm : News and Updates
Welcome Val and Good Luck Patti
We are pleased to welcome back Valerie Feldman as Staff Attorney for PILP.
Staff : March 14, 2016 9:24 am : News and Updates
A Great Lawyer for the People Passes On.
Remembering Judy Gold (1952 – 2016)
We sadly lost our amazing and compassionate colleague Judy Gold this week.
Staff : February 19, 2016 1:36 pm : News and Updates, Staff Announcements
FEDERAL COURT RULES ALAMEDA COUNTY MUST ADHERE TO STRICT FOOD STAMP TIMELINES
The Preliminary Injunction Authorizes Federal Judge to Oversee County Compliance
SAN FRANCISCO–On January 15, 2016 U.S. District Court Judge James Donato granted a preliminary injunction motion on behalf of food stamp recipients in Alameda County. The injunction will require Alameda County to adhere to strict timelines established under federal and state law for processing CalFresh applications and awarding benefits to residents entitled to receive food stamps.
If the County fails to meet the processing timelines, Alameda County will be required to implement corrective measures to ensure compliance.
"This is a complete victory for our clients" — Pillsbury partner Tom Loran
The injunction stemmed from a class action filed on September 29, 2015 alleging that Alameda County has been chronically out of compliance with those legally mandated deadlines and has persistently ranked last out of 58 California counties in timely processing these applications. Filed in U.S. District Court, the class action also alleged that the County refused to take the steps needed to remedy those chronic delays. For more information about this lawsuit and to read the original complaint click here.
"This is a complete victory for our clients" said Tom Loran, a partner at Pillsbury who along with PILP and Western Center on Law & Poverty represent the Plaintiffs in this federal class action lawsuit.
Stephanie Haffner of Western Center on Law & Poverty added, "When people reach the point of applying for food assistance, it is all too often a crisis. The injunction means now the county will act to prevent needless hunger."
PILP Staff Attorney Lauren Hansen said, "During the last 12 months, an average of 725 needy households per month did not receive a timely determination of their applications for food stamps benefits. People struggled while they waited— some ate expired food, others went hungry. This order will go a long way toward preventing such suffering."
Under the order, the Alameda County Social Services Agency must file monthly compliance reports with the judge and plaintiffs' attorneys showing that it is processing applications on time. Federal law requires that food stamp applications be processed within 30 days. Expedited benefits must be paid in three days to eligible applicants.
Read more about the Preliminary Injunction here, here, and here.
Western Center on Law & Poverty represents low-income Californians through litigation, legislative advocacy and administrative advocacy in core poverty issues of housing, healthcare, basic income support and access to justice.
From housing to voting rights, and nearly every issue in between, Pillsbury Winthrop Shaw Pittman LLP handles high-impact pro bono matters and provides basic legal services to the poor.
Staff : January 27, 2016 1:31 pm : News and Updates
Yuba County to Provide Aid to Neediest Residents
Board of Supervisors adopts regulations to comply with state mandate.
Marysville, CA – The Board of Supervisors adopted new, lawful General Assistance (GA) regulations on December 15, 2015. The County had been operating its program by old Board resolutions that were out of date, illegal in a number of respects, and not applied uniformly. This historic event moved the County toward compliance with its legal obligation to provide the County's neediest residents with the last resort assistance to which they are entitled. Very few extremely low income county residents, despite very high poverty and unemployment rates, had been receiving aid.
GA is a program mandated by state law. It requires counties to provide about $330 dollars per month to severely impoverished lawful residents who have nowhere else to turn. Recipients often are homeless, most are unemployed and unemployable. Many recipients have disabilities or are veterans or both. A significant number are survivors of domestic violence, fleeing their abusers. GA allows these individuals to find modest shelter, such as a shared room, and to begin to become self-sufficient.
Before adoption of the new regulations, Yuba County imposed eligibility hurdles that were so extensive that very few people could navigate the application process. California Rural Legal Assistance (CRLA) assisted one client reapply for benefits after she was denied, only to be rejected a second time. "I've been to law school and am pretty good at filling out forms, but I couldn't even fill out the GA application forms to the exacting standards used by the County," said CRLA Directing Attorney Laura Clauson Ferree.
"My client was desperate and facing homelessness; even this small amount, only $11 dollars a day, can be critical," said Ms. Ferree. Multiple clients asked CRLA for help after being rejected for benefits. The County asked them for duplicative and unnecessary verifications, and despite being clearly eligible, their applications had been denied.
"Sadly, Yuba County is not an outlier in its operation of its GA program" said Lauren Hansen, a staff attorney at the Public Interest Law Project (PILP). "Our ongoing Rural General Assistance Project, (Rural GAP) is dedicated to improving access to GA benefits in rural counties that have small or nonexistent GA programs, probably due to simple unawareness of the law."
"We're very pleased that the County has listened to us and worked to ensure the County complies with state law by providing a small safety net for its most vulnerable residents," said Ms. Ferree. Ms. Hansen agreed, "the new regulations are a huge improvement."
About California Rural Legal Assistance:
Founded in 1966, CRLA's mission is to fight for justice and individual rights alongside the most exploited communities of our society. CRLA provides legal services to over 43,000 low-income people annually.
Visit www.crla.org for more information
CRLA and PILP Yuba County GA Press Release.
Staff : December 16, 2015 5:44 pm : News and Updates
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text:
Home headline APC in fresh conspiracy to impeach Saraki, Ekweremadu — PDP
APC in fresh conspiracy to impeach Saraki, Ekweremadu — PDP
Fellow Press
The Senate President, Dr. Bukola Saraki, is being conspired against by the All Progressives Congress and the Presidency, the Peoples Democratic Party alleged on Sunday.
POP further alleged that the fresh plot against Saraki, as well as his deputy, Eke Ekweremadu, would be executed through the machinery of the security agents and the Economic and Financial Crimes Commssion to arrest and detain them.
The PDP also claimed it had unravelled fresh facts confirming that the pressure by the Presidency for the reconvening of the Senate was out of an alleged sinister motive and not for any emergency in the approval of the budget of the Independent National Electoral Commission for the 2019 elections.
The former ruling party said in a statement by its spokesman, Mr Kola Ologbondiyan, in Abuja that the alleged fresh plot to detain the two presiding officers was part of a renewed design to keep them out of circulation, ahead of Senate's resumption.
The detention of the duo, he said, would enable those he described as "the APC senators," who he said were in the minority, to produce two of their members as Senate President and Deputy Senate President on the excuse that Saraki and Ekweremadu failed to show up for proceedings in the Senate on Tuesday.
He also alleged that the government was planning to use the EFCC to harass members of the families of the presiding officers of the Senate.
Ologbondiyan said, "The PDP notes that the new plot to cage Saraki and Ekweremadu in a devilish rehash of the Tuesday July 24, 2018 hostage-taking and invasion of their official residences by security agencies is coming after the August 7, 2018 failed attempt to use security forces to take control of the leadership of the Senate.
"Apart from the plot to arrest and detain Saraki and Ekweremadu, the PDP has also been made aware of plans to use the EFCC and security forces to clamp down on their family members, including their wives and siblings as well as close associates, all in the effort to weaken their resolve.
"Moreover, investigations by the PDP further confirm that the insistence of the APC-led Federal Government on the emergency reconvening of the National Assembly, ostensibly to consider INEC's budget for the 2019 elections, is part of APC's thicker plot to execute their premeditated 'coup' against the leadership of the Senate."
Bukola Saraki
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GVA appointed Impression DP design team to brand, design and print a marketing property brochure for the Leeds Bradford Airport Industrial Estate. Impression DP have worked in the commercial property sectors for a few years now and we fast building a repuation as specialists as a commercial property brochure design company.
We were instructed to design and print an A4 4 page landscapes brochure for GVA to market Industrial Units to let.
Impression DP design team created an identity for the Industrial units and creating a logo for the brochure. On the front cover we used a image of the main industrial unit at the estate entrance and then we inserted a simple strap along the base of the cover for the logo and basic details using the black and yellow colour theme which we ran through the brochure. Simple but effective.
Using the site plan the client provided we edited to fit in with the look of the brochure and to only pick out the details on the plan that were needed for the purpose of the brochure.
The inside right hand page also has a non capacity pocket which the client will use for inserts during the marketing on the industrial estate.
On the back cover our design team designer x2 bespoke maps to help prospective tenants visiting the site or looking at the brochure get a feel for exactly where the industrial estate is. The maps also highlight key local towns and transport routes. We also incorporated a nice little aeroplane design to tie in with the close location to the Leeds Bradford Airport.


text:
Q: Solutions for dependency problem in interval arithmetic (remedy for nonexistence of additive inverses) Currently I read about the dependency problem of interval arithmetic. Mainly it's the problem that in the equation $X-X$ for $X$ being an interval the following is calculated: $$X-X=\{x-y:x\in X, y\in X\}$$ instead of $\{x-x:x\in X\}$. Both $X$ in $X-X$ are treated as different inputs. Thus $X-X\neq \{0\}$ so that there is no additive Inverse in interval arithmetic.
My Question: Is there a known solution for the dependency problem such that there is an additive (an multiplicative) inverse in interval arithmetic? Is there an extended version of interval arithmetic where addition is a group?
What I have found so far: I read about the centered form. For example, instead of calculating with $f(x)=x^2+x$ one can calculate with $(x+\tfrac 12)^2-\tfrac 14$ where $x$ only occurs once. The centered form helps, but does not provide an additive inverse...

A: Generalized intervals at least partially answer your question. Basically, the idea is to allow intervals [a,b] to be a pair of numbers, without requiring a < b, and then to define adequate operations on them.
See for example the webpage
http://msse.gatech.edu/research/interval/WhyGeneralizedInterval.html
and the references therein.

redpajama_set_name: RedPajamaStackExchange


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The nature of Melbourne's booming coworking environments is changing as the city's brightest entrepreneurial talent choose flexibility, collaboration and a better work-life balance over bricks and mortar.
Cecilia Hu, from The Circle in Collingwood says that while coworking spaces have been historically popular with freelancers and start-ups, a new wave of business operators from mid-sized businesses through to ASX100 listed companies are also realising the benefits of co-working.
"When we set up The Circle several months ago, we knew we'd be popular with freelancers and small business owners. What's really thrilled us is that larger, more established businesses are coming on board. This is a win-win for everyone as it allows up and coming business operators to work alongside established corporates. This kind of interaction is exactly what drives innovation and collaboration" said Ms Hu.
Recent statistics from Frank Knight indicate that the number of Australian coworking spaces have increased 300% over the past five years. This figure is set to increase dramatically in the future as Millennials will represent 42% of the Australian workforce by 2025.
When it comes to creating great work environments, Coworking spaces like The Circle are certainly miles ahead of standard offices. Aside from flexible 24/7 secure access, The Circle also offers photography studio, function rooms, massage room, meditation space and gym.
According to Ms Hu, "Pooling resources in this way allows people from diverse business backgrounds to challenge conventional ways of doing business. Coworking spaces like ours are designed to enable an innovative atmosphere of cross-pollination, not competitiveness. We believe that the workplaces of the future are those that promote flexibility, collaboration and a great work-life balance. I think we're going to see a lot more larger businesses entering into this sort of office arrangement" she said.


text:
from . import cache
import re
from fortpy.elements import Function, Subroutine, ValueElement, Executable, TypeExecutable
from fortpy.printing import docs

class BaseDefinition(object):
    def __init__(self, context, element):
        self._context = context
        self._element = element

    @property
    def name(self):
        """Returns the name of the underlying code element."""
        return self._element.name

    @property
    def type(self):
        """
        The type of the definition. One of the classes in elements.py.
        """
        return type(self._element).__name__

    @property
    def module_path(self):
        """The module path."""
        return self._element.module.filepath

    @property
    def module_name(self):
        """
        The module name
        """
        return str(self._element.module.name)

    @property
    def line(self):
        """The line where the definition occurs (starting with 0)."""
        return self._element.module.linenum(self._element.start)

    @property
    def column(self):
        """The column where the definition occurs (starting with 0)."""
        line = self.line
        return self._element.start - self._element.module.charindex(line, 0)

    @property
    def docstring(self):
        """Returns the <summary> tag of the code element represented by this
        completion.
        """
        if hasattr(self._element, "summary"):
            return self._element.summary
        else:
            return "Undocumented Symbol"

    @property
    def fulldoc(self):
        """Returns the full docstring for the code element."""
        return docs.format(self._element)

    @property
    def description(self):
        """Returns the full docstring information for the element suggested
        as a completion."""
        result = ""
        if isinstance(self._element, ValueElement):
            if self._element.kind is not None:
                result = "{}({}) | {}".format(self._element.dtype, self._element.kind,
                                          self._element.summary)
            else:
                result = "{} | {}".format(self._element.dtype,
                                          self._element.summary)
        elif isinstance(self._element, Executable):
            result = "({})".format(self._element.parameters_as_string())
        elif isinstance(self._element, str):
            result = "Intrinsic Fortran Symbol"
        elif isinstance(self._element, TypeExecutable):
            result = self._type_description()

        #Clean off any line breaks from the XML and excessive whitespace.
        cleaned = re.sub("\s+", " ", result.replace("\n", " "))
        return cleaned

    @property
    def full_name(self):
        """Dot-separated path of this object."""
        return self._context.element.full_name

    @property
    def params(self):
        """
        Raises an ``AttributeError``if the definition is not callable.
        Otherwise returns a list of `ValueElement` that represents the params.
        """
        if self.context.el_type in [Function, Subroutine]:
            return self.evaluator.element.parameters

    def parent(self):
        return self.evaluator.element.parent

    def __repr__(self):
        return "<%s %s>" % (type(self).__name__, self.description)

class Completion(BaseDefinition):
    """
    `Completion` objects are returned from :meth:`isense.Script.completions`. They
    provide additional information about a completion.
    """
    def __init__(self, context, element, like_name_length):
        super(Completion, self).__init__(context, element)
        self._like_name_length = like_name_length

    def _complete(self, like_name):
        append = ''
        if settings.add_bracket_after_function \
                and self.context.el_type in [Function, Subroutine]:
            append = '('

        #Get the first name in the evaluator list since it is closest in
        #context to the cursor.
        if like_name:
            name = self._name[self._like_name_length:]
        return name + append

    @property
    def complete(self):
        """
        Return the rest of the word, e.g. completing ``isinstance``::

            subrou# <-- Cursor is here

        would return the string 'tine'. It also adds additional stuff, depending
        on your `settings.py`.
        """
        return self._complete(True)

    @property
    def name(self):
        """
        Similar to :attr:`complete`, but return the whole word, for
        example::

            subrout

        would return `subroutine`.
        """
        if hasattr(self._element, "name"):
            return self._element.name
        else:
            return str(self._element)

    def __repr__(self):
        return '<%s: %s>' % (type(self).__name__, self.name)

    def _type_description(self):
        """Gets the completion description for a TypeExecutable."""
        #This is a little tricker because the docstring is housed
        #inside of the module that contains the actual executable.
        #These TypeExecutables are just pointers.
        iexec = self._element.target
        if iexec is not None:
            result = "method() | " + iexec.summary
        else:
            result = "Type Method: points to executable in module."
        return result

    def follow_definition(self):
        """g
        Return the original definitions. I strongly recommend not using it for
        your completions, because it might slow down |fortpy|. If you want to
        read only a few objects (<=20), it might be useful, especially to get
        the original docstrings.
        """
        return "original definition pending"

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