text:
Bolton: How Iran beats the sanctions
Manhattan District Attorney Robert Morgenthau told the Senate Foreign Relations Committee on Wednesday that the Iranian nuclear threat is a 'deadly serious' threat to the United States.
Sources told FOX News that the Morgenthau probe into Iranian money laundering schemes is broad and ongoing. So far, the Manhattan DA has struck a plea deal with a British bank and, separately, indicted a Chinese citizen and his company on charges related to Iran's violations of international sanctions designed to block its acquisition of nuclear weaponry.
In the British case, Lloyds Bank admitted it had engaged in a "stripping" scheme designed to hide the Iranian origin of more than $300 million in wire transfers. Bank coding information indicating an Iran address for the money was "stripped" from wire transfers.
Some of Iran's biggest banks -- blacklisted by the U.S. and international agencies for their alleged role in nuclear armament and terror funding -- are believed to have played a role in the illegal money movement.
Lloyds paid $350 million in fines and is cooperating with a joint investigation by Morgenthau and federal authorities. The British bank shut down the stripping scheme in 2004, well before law enforcement learned of the activities. According to published reports, Morgenthau is investigating at least nine other banks for similar practices.
There are more details of the Lloyd's case in this press release from the Manhattan District Attorney's office. The problem is that the investigators are trying to catch up when they're starting at a great disadvantage.
In the agreement LLOYDS admits that from 2001 – 2004, LLOYDS falsified the business records of banks in Manhattan by engaging in a systematic process of altering wire transfer information to hide the identity of its clients. This process allowed the illegal transfer of more than $300 million on behalf of Iranian banks and their customers; the Iranian banks involved included Bank Melli, Bank Saderat, Sepah Bank and others. While LLOYDS voluntarily exited the Iranian business by 2004, the Sudanese business, which resulted in the illegal transfer of over $20 million, continued into 2007, after the beginning of the investigation. The transfers were made to buy goods and services from U.S. companies and to finance the purchase of goods and services from foreign vendors that sought payment in dollars.
New York banks use sophisticated computer systems to monitor and screen all wire transfer activities to ensure that the banks do not engage in prohibited transactions. The banks depend on these automated systems to prevent sanctioned entities from accessing the United States banking system.
The investigation revealed that LLOYDS engaged in a systematic practice of "stripping" wire transfer information. Stripping is the practice of removing wire transfer information that would identify that the transfers originated from a prohibited source. By stripping out the originator information, the wire transfers could pass through the screening software used by New York banks that would otherwise have rejected or frozen them for further inquiry. The stripping of wire transfer information in this manner made it appear that the transactions originated at LLOYDS in the United Kingdom rather than the sanctioned banks.
The investigation of LLOYDS focused primarily on its handling of accounts for financial institutions from two designated countries: Iran and Sudan. Knowing that they could not legally access U.S. banks, Iranian and Sudanese banks with accounts at LLOYDS sought to evade U.S. sanctions. Beginning in the mid-1990s, LLOYDS began removing any information from Iranian and Sudanese wire transfers that would trigger the detection systems at New York correspondent banks. To execute this policy, LLOYDS personnel removed any information that identified the payment messages as originating from Iranian, Sudanese or other sanctioned countries. The falsified wire transfers would then be processed undetected by the OFAC filters in place at the U.S. banks.
Here's former American ambassador to the United Nations John Bolton talking about the Lloyd's case and the consequences of Iran obtaining nuclear weapons. Note what he says about the consequences for Israel from Iranian nuclear weapons, and the likelihood that Iran would use them.
Let's go to the videotape.
Does anyone out there still believe that there is any chance that 'sanctions' will work or that we have time left to find out?
For those who believe that not giving sanctions more time to work is over-reacting, please consider this interview with Shimon Peres (yes, I am actually going to agree with Shimon Peres) on Jeffrey Goldberg's blog (Hat Tip: Instapundit).
President Shimon Peres: I want to make the following point about Iran, starting with the United States. The greatest asset for Israel, both moral and strategic, is our relationship with the United States. We should not permit any rift, any rupture. This remains our top consideration. And since Iran is a world problem, we should participate in facing its dangers, but without trying to monopolize it. Now there are many options. Whatever can be achieved diplomatically or economically is better. But if there will be a guarantee that these are the limits of our options, the Iranians may make the wrong call. The Iranian danger is composed of two parts: The weaponry and the character of its rulers. And I don't think that the present rulers of Iran are the permanent answer to the Iranian destiny. There were (government) changes in the past and maybe changes in the future. I don't suggest that other countries will introduce the changes, but others can call upon the Iranian people to come back to their own history.
JG: Is there a chance that Israel is over-reacting to the language that comes out of Tehran? Let me ask this another way: Is it possible to over-learn the lessons of Jewish history?
SP: If we have to make a mistake of overreaction or underreaction, I think I prefer the overreaction to underreaction.
JG: That's a lesson of Jewish history?
SP: This is a lesson of world history, not Jewish history. Because if the world had correctly read Hitler at the time, it would have saved 50 million lives.
JG: Are you equating Ahmadinejad or Khamenei with Hitler?
SP: No. I am equating the danger. I don't say they are the same. I'm talking about estimations. I think one of the greatest mistakes in history was to underestimate the danger of Nazism. All of us paid heavily for it. To prevent is better than to regret.
Now the Messiah must be on his way: Shimon Peres is learning history.
posted by Carl in Jerusalem @ 2:13 PM
At 6:04 PM, NormanF said...
I find it amazing the same man who said history has nothing to teach us warning us now to heed it. Did someone kidnap Peres and replace him with a clone? The last thing one expects from him is common sense. All the same, its welcome.
Billboards, Sheehan, Amnesty and J-Street
Krauthammer on Obama's approach to the Israeli-'Pa...
Kerry and State throw the Israeli and Iranian peop...
Two can play this game: Israel would inform - not ...
Syrian government daily: Swine flu a product of Am...
Khaled Meshaal's Emily Latella moment
Obama plans to destroy Israel?
Can the United States be taken at its word?
Even Shimon Peres can't find a saving grace
Al-Quds Al-Arabi: Change to Saudi plan?; UPDATE: U...


text:
David Koch, Samantha Armytage and Natalie Barr will host this year's Carols in the Domain.
Sunrise stars ready to go a'carolling
CHRISTMAS is serious business for David Koch, and not just because he co-hosts Seven's annual Carols in the Domain.
The Sunsrise anchor is known for his love of Aussie Rules and finance, but he's also a self-confessed festive season fanatic.
"We are a family of Christmas nuts and we always celebrate in a big way," he tells The Guide.
"We get a live tree, which we buy from a tree farm on the outskirts of Sydney. The grand kids come along, they choose a tree, someone chops it down and then like National Lampoon's Christmas Vacation we tie it to the top of the car and try to navigate home without it falling off.
"I also turn the back room of the house into a Santa's cave each year with lights, nutcrackers soldiers and a blow-up Santa and reindeer."
Sunrise's David Koch returns to host Carols in the Domain. Supplied by Channel 7.
Each year, an estimated 50,000 people pack into The Domain and set up on the grass for a night of singing, fireworks and other festive entertainment.
Now in its 36th year, the televised event will feature performances by Troy Cassar-Daley, Samantha Jade, Isaiah Firebrace, Thirsty Merc, Paulini, Mark Vincent and The Tap Pack as well as appearances by The Wiggles, Mickey Mouse and the jolly man himself.
"The Carols are the official start of Christmas festivities and it's all about reminding us that yes you can have a busy life and be distracted, but it's the important things that really matter and that's family, giving and the goodwill we should be showing each other," Koch says.
"It is like a music festival and just like a music festival you can feel the goodwill of everyone there. They've come for a reason - because they love Christmas and what Christmas stands for.
"It's infectious; if you could bottle that spirit and goodwill for the entire year it would be wonderful."
Sunrise have locked in Edwina Bartholomew, Natalie Barr, Samantha Armytage, David Koch, Mark Beretta and Sam Mac for 2019. Picture: Seven Network
The Carols also mark the end to another successful year for Koch and his Sunrise co-stars. Once again they have defeated breakfast TV rivals the Today show in the ratings - a feat they've pulled off for more than 10 years now.
Koch recently signed another two-year deal to co-host the show alongside Samantha Armytage, newsreader Natalie Barr, sports reporter Mark Beretta, entertainment reporter Edwina Bartholomew and weather presenter Sam Mac.
"It is the world's best job without a doubt," he says. "You get to meet some amazing people, do some incredible things and support wonderful organisations. What we love are the values and the culture of the show. We're very lucky to be part of so many Australian households so early in the morning.
"Next year we've challenged ourselves to do bigger and different things. We've got exciting things planned."
Carols in the Domain airs on Saturday at 8pm on Seven.
channel 7 david koch sunrise television

redpajama_set_name: RedPajamaCommonCrawl


text:
Published June 3
MLS approves post-coronavirus comeback tournament, ratifies 5-year labor deal
The deal was announced by the Major League Soccer Players Association on Wednesday following tense talks.
Turning living rooms into soccer fields amid coronavirus
Super Soccer Stars CEO Adam Geisler says while the coronavirus pandemic has caused him to apply for government loans and lay off people, he is staying creative to keep his small business afloat.
Major League Soccer and its players' union reached an agreement that paves the way for a summer tournament in Florida after the season was suspended by the coronavirus pandemic.
The deal was announced by the Major League Soccer Players Association on Wednesday following tense talks that led to some players skipping voluntary workouts and the league threatening a lockout.
MLB REJECTS 114-GAME PLAN, WON'T MAKE COUNTERPROPOSAL
MLS and the union agreed Feb. 6 to a five-year labor contract, but the deal had not been ratified when the season was stopped on March 12 after only two matches had been played by each team.
The ratified collective-bargaining agreement was announced in the midst of nationwide protests over police brutality and injustice against African Americans sparked by the killing of George Floyd in Minneapolis. Both sides noted the unrest in announcing the contract.
"There are problems we face collectively that are both more urgent, and more important, than competing on the field," the union said in a statement. "We hope our return to the field will allow fans a momentary release and a semblance of normalcy."
MICHAEL JORDAN 'SADDENED' BY GEORGE FLOYD KILLING
MLS Commissioner Don Garber vowed the league will go further with its public stance for equality.
"We've tried to create programs that would address some of the things that are important to our core values. I have to say that it's not enough to produce ads, it's not enough just to have programs that talk about these issues," he said.
Garber said the league expects to take a $1 billion revenue hit because of the coronavirus.
NBA PREPS RESTART PLAN WITH 22 TEAMS, GAMES IN ORLANDO
The revised CBA, a six-year deal through 2025, includes across-the-board pay cuts and reduced bonuses.
One of the sticking points was a clause that allows either side to opt out of the deal because of unforeseen circumstances, like a pandemic. The agreement does not tie the clause to attendance, something the league had sought.
The agreement also changes the players' share of media rights negotiated in the original CBA. The share will drop from 25% to 12.5% in 2023, but will be restored to 25% in 2024.
Details of the Florida tournament were still being finalized. The league's 26 teams and limited staff would be based in the Orlando area and matches played without fans at ESPN's Wide World of Sports Complex at Disney World.
Garber said the tournament would last no longer than 35 days but he would not reveal additional details.
The union announced Sunday night that players had voted for an agreement but MLS pushed back on the terms and imposed a deadline for a lockout. As a result, players from teams including Atlanta, Miami, Minnesota and Vancouver did not report to voluntary training Monday.
Garber said it was his decision to threaten the lockout, a move that was criticized.
"It's not something that I did without a lot of thought and without a lot of concern and a lot of understanding as to what impact that would have on our players and on the negotiation. But it was something, as the leader of this league that I believed was necessary in order for us to get to the point today," Garber said.
Nashville defender Eric Miller said on social media that he was proud of the players, "although the process and tactics used by MLS left a mark."
"Players showed commitment and strength throughout this entire process," Miller said. "We are all excited to get back on the field and be a positive force for change in our communities."
CLICK HERE FOR MORE SPORTS COVERAGE ON FOXBUSINESS.COM


text:
SCUCE goes into swing with golf tournament benefit for SECUF
This year's 10th anniversary SCUCE kicked off with the Southeastern Credit Union Foundation benefit golf tournament at Ritz-Carlton's golf course as a double rainbow arced across the sky. The tournament was played in memory of Joan Lyons.
Many attendees opted to join a welcome session to learn what was expected during the conference. The Table of Ten luncheon with faciliator Alisha Stair. Enjoy the company of attendees, speakers, and exhibitors you might not otherwise have even met in the relaxed setting of a shared meal. Discuss industry trends, network, and get to know each other.
At the end of the day, the Expo opened with an invitation-only CEO Preview 3:30 – 4:30 p.m., sponsored by Corporate One FCU, featuring "Wine Around the World" with wine and champagne from four countries.
The Exhibit Hall Grand Opening was held 4:30 – 5:30 p.m where attendees networked and met our exhibitors.
Today, Vinh Giang, entrepreneur and magician, will kick off the opening keynote with a fun twist on perspective.
Vinh Giang's real magic journey began when he finally understood what Robert Houdin (an amazing magician) meant when he said: "A magician is an actor playing the part of the magician." Once Vinh understood the meaning behind this quote, he focused all his energy on studying the art of performance and not the art of presentation. He has spent the last 15 years mastering the art of performance-enhanced communication, helping thousands of professionals worldwide to learn these skills.
Vinh is also the CEO of Luminary Productions which produces exceptional video for individuals and companies all around the globe.
There's still time to register for the Advocacy Luncheon with special guest Josh Holmes, a leading voice in Washington politics, will be the keynote speaker.
Josh is a political strategist and former Chief of Staff to U.S. Sen. Mitch McConnell. Holmes has been a guest on Fox News Sunday as a "Power Player of the Week" and was named by the Washington Post as one of the "10 Staffers to Watch" in the 112th Congress.
Thursday's Exhibit Hall includes a chance for dessert and more networking between 12:30 and 1:30 p.m. From 4:30 to 6:30 p.m., in the hall, Keynote Giang will demonstrate close-up magic tricks and will be available for a Meet & Greet from 4:30 p.m. – 5:30 p.m.
Be sure to buy your raffle tickets for a chance to win $5,000 and support the SECUF, courtesy of CUNA Mutual Group. The drawing will be held in the CMG booth at 6 p.m. today. Tickets are $5 each or 5 for $20. Tickets may be purchased in the rotunda.
Timothy Alexander is our closing keynote on Friday who will talk about how his life changed after a life altering car accident in 2006. To close us out, Jim Nussle, president/CEO of CUNA, will sit down with LSCU head Patrick La Pine and take questions from our audience.
By admin|2019-08-22T16:15:56+00:00June 19th, 2019|Top News Stories|0 Comments


text:
The Enduring Villainy of Little Napoleon
John Swansburg reviews Richard Slotkin's new book, The Long Road to Antietam: How the Civil War Became a Revolution. The book focuses rather singularly on George B. McClellan, chronicling his many misdeeds. Flirting with treason, for instance:
To show us McClellan at his self-serving worst, Slotkin takes us back to the Second Battle of Bull Run, in August 1862, in which Robert E. Lee badly outmaneuvered a Union force commanded by John Pope. The North had forces that could have come to Pope's rescue, but unfortunately for the soldiers being cut down by the Confederates, those forces were commanded by McClellan, who saw Pope as a threat to his ambitions.
Despite repeated orders to reinforce Pope, McClellan dragged his feet, asking for clarification on who would be in command when he arrived on the scene. By the time he got his troops to the field, it was too late. Slotkin quotes Attorney General Edward Bates' assessment of McClellan's performance: "a criminal tardiness, a fatuous apathy, a captious, bickering rivalry, among our commanders who seem so taken up with their quick-made dignity that they overlook the lives of their people & the necessities of their country."
I first heard about McClellan while watching Ken Burns' The Civil War. I actually couldn't believe the presentation to be true. But among the things that stood up the strongest in my later study, McClellan's mix of incompetence and insecurity rank high. McClellan is also the object of one of my favorite quotes from the War--"McClellan brought superior forces to Sharpsburg, but he also brought himself."
The irony, of course, is that it was McClellan's ineptitude which ultimately guaranteed emancipation. Had he won the War earlier, as was possible, the country would look very different.
Ta-Nehisi Coates is a national correspondent for The Atlantic, where he writes about culture, politics, and social issues. He is the author of The Beautiful Struggle, Between the World and Me, and We Were Eight Years in Power.


text:
False Manitowoc library cards may date to 2014
Alisa M. Schafer
MANITOWOC - Creation of false library accounts at Manitowoc Public Library may date as far back as 2014, Manitowoc County Executive Bob Ziegelbauer said.
"The estimates for the amount of fake entries, fake circulation numbers, is growing, too," Ziegelbauer said.
Ziegelbauer stressed the estimates were preliminary, and that none of the information from the investigation into any false library accounts at the Manitowoc Public Library has been finalized.
RELATED: Manitowoc Library numbers show discrepancies
RELATED: Manitowoc mayor steps back from library probe
"We're not certain yet, but they (Manitowoc Public Library) may have been successful in reporting those fake circulation numbers from 2014, which have already been paid as the 2016 levy," Ziegelbauer said. "Todd Reckelberg (county comptroller) talked with the Green Bay Police and with the Manitowoc-Calumet Library System and reported to me that the problem was more widespread than we thought."
Reckelberg said if the money was invoiced incorrectly using the false circulation numbers in 2014, then the county would have already paid money to the library.
"It was very disheartening because we could be talking about a substantial amount of money," he said.
The Green Bay Police Department declined to comment, since its investigation into the library is ongoing.
Reports from Reckelberg's office earlier this month revealed a 3 percent jump in circulation numbers for non-city residents between 2014 and 2015 for the Manitowoc Public Library. However, in the same time period, the total circulation numbers dropped by more than 7 percent.
Ziegelbauer said the discrepancy could be explained by the false library accounts allegedly created at Manitowoc Public Library to boost circulation numbers.
Those same reports show a decrease of more than 4 percent in circulation numbers for non-city residents between 2013 and 2014. In that time period, total circulation numbers dropped by more than 3 percent.
Reckelberg said Manitowoc County paid $462,270 to the Manitowoc Public Library Feb. 4, 2016. The payment was based on circulation numbers from 2014. The county pays a percentage of the library's operating budget that is equal to the percentage of the circulation among non-city residents.
"There's where the point of contention is right now, because we set the levy in the budget and this has a direct impact on the budget," Ziegelbauer said at a recent County Finance Committee meeting. "It's a holding situation right now, but it's urgent and it's a big issue because of the allegations. They are serious."
Since a full investigation into the Manitowoc Public Library has not been completed, no information exists on the extent of how the circulation numbers were affected in 2015 or 2014 by any false library accounts being used.
Investigations into alleged false library accounts at the Manitowoc Public Library were initiated after as many as six library employees approached the city attorney's office and the city's human resources office with their suspicions in early July.
Those employees also implicated former library director Cherilyn Stewart as being involved in creating and using the false accounts to boost the circulation numbers. Stewart resigned July 13 after being the director at the library since February 2009.
A criminal investigation into the library began in July at the behest of Ziegelbauer after he heard about the allegations. The investigation was recently handed off to the Green Bay Police Department.
Since Stewart's resignation, the library's managerial team — Roxanne Staveness, Anne Juza, Ann Herma, Amy Eisenschink and Stacey Bialek — have been working together to keep the library running.
Alisa M. Schafer: 920-686-2105 or aschafer@manitowoc.gannett.com


text:
Justia › US Law › Case Law › Maine Case Law › Maine Supreme Judicial Court Decisions › 1993 › Gorham v. Town of Cape Elizabeth
Gorham v. Town of Cape Elizabeth
625 A.2d 898 (1993)
Coleman P. GORHAM v. TOWN OF CAPE ELIZABETH.
Supreme Judicial Court of Maine.
Argued September 16, 1992.
Reargued November 3, 1992.
*899 E. Stephen Murray (orally), Elaine L. Clarke, Murray, Plumb & Murray, Portland, for plaintiff.
Michael H. Hill (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for defendants.
Gregory W. Powell (orally), Friedman & Babcock, Portland, for intervenor.
Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.
CLIFFORD, Justice.
Coleman Gorham owns a single family residence on Bowery Beach Road in Cape Elizabeth. The property is in a Residence-A zoning district. R-A zone permitted uses include single family dwellings, agricultural uses, and schools. Multi-unit dwellings are permitted as a conditional use upon a showing of compliance with conditions set out in the Cape Elizabeth zoning ordinance.[1] In August 1989, Gorham filed with the Cape Elizabeth Zoning Board of Appeals an application for a conditional use permit in order to convert his single family home to a multi-unit dwelling. Gorham sought approval for an apartment within his home; there were to be no changes to the exterior of the building or to the parking facilities. The Board held three public hearings, and considered several letters, three reports from real estate appraisers and the oral comments of a number of residents before it unanimously denied Gorham's application. The Board, in denying the application, determined that the use of Gorham's home as a multi-family unit would "adversely affect the value of adjacent properties" under Section 19-4-7(b)(4) of the zoning ordinance.
Gorham brought a three-count complaint in the Superior Court (Cumberland County) naming as defendants the Town of Cape Elizabeth and its code enforcement officer.[2] In Count I, an M.R.Civ.P. 80B, Gorham alleges that decision was not supported by substantial evidence in the record and was arbitrary and unreasonable. In Count II, Gorham seeks a declaratory judgment that *900 Section 19-4-7(b) of the zoning ordinance is unconstitutional because it bears no substantial relationship to the public health, safety, and general welfare, and it impermissibly delegates legislative authority to the Board. In Count III, Gorham alleges, inter alia, that his constitutional right to due process was violated because of the Board's bias and predisposition against multi-family dwellings. The Superior Court rejected Gorham's appeal, entering a judgment for the Town on Count I (Brennan, J.), and granting a summary judgment to the Town on Counts II and III (Lipez, J.). Gorham then appealed to this court. We find no error and affirm the judgment.
CONSTITUTIONAL CHALLENGES A. Substantial Relationship to Health, Safety, and General Welfare And Delegation of Legislative Power
Under Section 19-4-7(b) of the Cape Elizabeth zoning ordinance, one of the criteria that has to be satisfied before a conditional use application is approved is that "[t]he proposed use will not adversely affect the value of adjacent properties." Gorham, under the due process clause, challenges the constitutionality of the ordinance's "adverse affect" criterion in two respects. First, he contends that the criterion does not bear a substantial relationship to the public health, safety, or welfare. See Warren v. Municipal Officers of Town of Gorham, 431 A.2d 624, 627 (Me.1981). Gorham also contends that Section 19-4-7(b)(4) constitutes an improper delegation of legislative authority. We are unpersuaded by either contention.
The constitutionality of a zoning ordinance is presumed. Gorham, in attacking the ordinance, has the burden of proof of demonstrating its unconstitutionality. Warren, 431 A.2d at 627-28. Contrary to Gorham's first contention, the maintenance of property values is a legitimate interest served by zoning restrictions. Id. at 628; Barnard v. Zoning Bd. of Appeals of Town of Yarmouth, 313 A.2d 741, 745 (Me. 1974). Therefore, the Cape Elizabeth zoning ordinance meets the due process requirement that it bear a reasonable relationship to the public health, safety, morals, or general welfare. Warren, 431 A.2d at 627.
Gorham also contends that the "adverse affect" criterion set out in Section 19-4-7(b)(4) constitutes a constitutionally impermissible delegation to the Board of discretionary authority not sufficiently limited by legislative standards, see Stucki v. Plavin, 291 A.2d 508, 510 (Me.1972), and argues that the criterion is too subjective and not measurable, leading to favoritism and discrimination. See Wakelin v. Town of Yarmouth, 523 A.2d 575, 577 (Me.1987).
Because conditional uses are those uses that the legislature has determined to be ordinarily acceptable in a particular zone, in order to withstand attack as an impermissible legislative delegation of authority, ordinances that establish criteria for acceptance of a conditional use must specify sufficient reasons why such a use may be denied. Bass v. Town of Wilton, 512 A.2d 309, 310 (Me.1986). A conditional use standard must be sufficiently specific "to guide both an applicant in presenting his case ... and the Board in examining the proposed use...." Wakelin, 523 A.2d at 577.
In this case, the Town has determined that in order for multi-family use of property to be allowed in an R-A zone, the Board must determine, among other criteria, that such use "will not adversely affect the value of adjacent properties."[3] Although *901 we have not previously decided whether such a criterion is sufficiently specific to survive constitutional scrutiny, see Cope v. Town of Brunswick, 464 A.2d 223, 225 n. 3 (Me.1983), we conclude that Section 19-4-7(b)(4) gives sufficient guidance to a conditional use applicant, such as Gorham, as to what facts must be presented "to gain the Board's approval" and to the Board itself in examining the proposed use. Wakelin, 523 A.2d at 577. Gorham and the parties opposing his application presented a substantial amount of evidence directed to the precise issue addressed in Section 19-4-7(b)(4), namely, whether the proposed multi-family use of Gorham's property would adversely affect values of surrounding property.
In Bass, the constitutionality of the conditional use criterion "devalue adjacent property" was raised by the parties but, because the case was decided on other grounds, was not addressed by the court. 512 A.2d at 311. We agree with the Superior Court, however, that the reasoning of Justice Scolnik in his dissent in Bass, urging that such a standard was sufficiently specific to be constitutional, is persuasive when applied to the instant case.
The plain meaning of the term "devalue" is sufficient to guide the Board in its application of [that section of the zoning ordinance] to a requested conditional use permit. The term "devalue," in this zoning context, obviously means to cause the reduction or loss in the value of adjacent property. By the employment of this objective standard, the Board does not assume for itself an unfettered discretion to grant or deny the permit. As this case illustrates, evidence may be presented by expert appraisers as well as the owners of the adjacent land. Such evidence provides a sufficient basis for an evaluation of whether the proposed project would cause a reduction in the value of the adjacent properties. If so, [the section] requires that the permit be denied. In short, the standard of whether adjacent property is devalued is a sufficient guide for the Board to employ in its decision-making process, and it enables those to whom the law is to be applied reasonably to determine their rights thereunder.
Bass, 512 A.2d at 312 (Scolnik, J., dissenting) (citations omitted). See R.M. Anderson, American Law of Zoning 3d § 21.14 at 689 (1986) ("[A] board of zoning appeals may deny a special permit where the record discloses that the proposed use will depreciate surrounding property").
Contrary to Gorham's contention that his application must be approved unless there is present some characteristic of his property, such as changes to the building's exterior, apart from its use as a multi-family dwelling, that adversely affects neighboring properties, the ordinance plainly states that a single family dwelling can be converted to multi-family use in an R-A zone only if such "use will not adversely affect the value of adjacent property." The wording of the ordinance does not require that the conversion be allowed unless the property has unique characteristics that impact property values.
Gorham also argues, relying on our decision in Cope, that the ordinance is based on a presumption that the conditional uses allowed will not adversely affect the value of adjacent property and that the burden should have been on those opposing Gorham's application to demonstrate such *902 an adverse effect. We disagree. In Cope we concluded that whether an exceptional use under the ordinance would "generally comply with the health, safety and welfare of" the area is a legislative question that could not be delegated to the board of appeals. 464 A.2d at 227. Although uses that are classified as exceptions or conditional uses may result from a legislative determination that such uses will not ordinarily be "detrimental or injurious to the neighborhood," id. at 226-27, Cope does not prohibit a zoning ordinance from requiring compliance with specific and measurable criteria, including the criterion that the conditional use of the property will not adversely affect the values of adjacent properties.
Although an ordinance could be written to allow the conditional use absent a showing that the use will adversely effect the values of adjacent properties, in effect placing on the opponents of the conditional use the burden to demonstrate that certain conditions have not been met, under this ordinance the burden to show compliance with all conditions is on the applicant. Moreover, this case did not turn on a failure to meet the burden of proof. The Board's finding was not that it was not persuaded that there was no adverse affect on property values. Rather, the Board made an affirmative finding that the use by Gorham of his home as a multi-family unit would actually adversely affect the values of adjacent property.
The Board heard the evidence and made a factual conclusion in accordance with the ordinance that Gorham's use of his property as a multi-family dwelling would adversely impact the property value of an adjacent property. Accordingly, pursuant to Section 19-4-7(b)(4) of the zoning ordinance, the Board denied his application. Because the maintenance of property values is a legitimate interest served by zoning restrictions, and because Section 19-4-7(b)(4) specifically required the Board to determine the effect of the conditional use on property values, a specific and discernible standard that the evidence addressed, Gorham's constitutional challenge must fail.
B. Bias, Prejudice, and Predisposition of the Board
Gorham also contends that he was denied due process because of the Board's bias, prejudice, and predisposition against multi-unit dwellings. It is true that an applicant before an administrative board is entitled under the due process clause of the United States and Maine constitutions to a fair and unbiased hearing. See Mutton Hill Estates, Inc. v. Town of Oakland, 468 A.2d 989 (Me.1983). In Mutton Hill Estates we upheld, on due process grounds, the Superior Court's setting aside of a planning board denial of an application for approval of a subdivision. In that case, the board had invited admittedly biased opponents of the subdivision to participate in an ex parte session when the board made its findings of fact to support a denial of the application. Mutton Hill Estates, 468 A.2d at 992.
In this case, to support his claim of a due process violation, Gorham relies on statements he alleges were made to him by the code enforcement officer, that the Board does not want two-family houses in Cape Elizabeth, and that "you don't stand a prayer [on your application]." In addition, Gorham relies on statements made by various members of the Board at the public hearing on his application and during the Board's deliberations.[4] The statements of the code enforcement officer, who is not a member of the Board, do not demonstrate denial of due process to Gorham. The statements of the Board members themselves, contrary to Gorham's contention, do not reflect an unlawful bias or predisposition. Rather, the entire record indicates that Board members listened attentively, questioned witnesses, both for and against the petition, and discussed the *903 evidence with a view toward making a sincere effort to fairly decide the issue before them.
Prior to rendering its decision denying the application, the Board held three hearings (the matter was tabled at the first two), received and considered a number of documents submitted by both Gorham and opponents to his application, including reports from appraisers on the effect of the multi-family use of Gorham's residence on the property values of adjoining properties, and heard comments from a number of residents. At the close of the hearing, the Board openly deliberated before concluding that Gorham's application should be denied. The evidence is inadequate to support Gorham's contention that he was denied due process because of bias and predisposition. See Estate of Althenn v. Althenn, 609 A.2d 711, 714 (Me.1992) (to resist motion for summary judgment, party with burden of proof required to produce evidence sufficient to resist motion for directed verdict).
SUFFICIENCY OF THE EVIDENCE
Gorham also contends that the Board's decision is not supported by substantial evidence in the record, that the findings of the Board are inadequate, and that the decision is based on the personal opinions of residents and on Board members' own personal opinions. We disagree.
We review decisions of zoning boards for abuse of discretion, error of law, or findings unsupported by substantial evidence in the record. Forester v. City of Westbrook, 604 A.2d 31, 32 (Me.1992). "Substantial evidence" has been characterized as "such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Hrouda v. Town of Hollis, 568 A.2d 824, 826 (Me.1990) (quoting In re Maine Clean Fuels, Inc., 310 A.2d 736, 741 (Me.1973)). The fact that two inconsistent conclusions can be drawn from the evidence does not mean that a board's finding is unsupported by substantial evidence. Id.
In this case, the Board had before it conflicting evidence as to the effect that the conversion of Gorham's single family residence to two family use would have on the adjacent properties. There was evidence, in the form of the opinions of two expert appraisal witnesses, that there would be no adverse impact. That evidence would have supported a conclusion by the Board that the multi-family use of Gorham's property would not adversely affect the property values in the area. There was contrary evidence, however, from an expert appraiser, from a real estate broker, and from owners of neighboring properties, that the conversion would have an adverse impact on the value of the adjacent properties. This constitutes substantial evidence to support the ultimate conclusion of the Board that the use of the property by Gorham as a multi-family unit would adversely affect the value of adjacent properties. See Hrouda, 568 A.2d at 826. To vacate the Board's decision for insufficient evidence, we would have to conclude that the Board was compelled to find that there would be no adverse impact on property values. See Total Quality, Inc. v. Town of Scarborough, 588 A.2d 283, 284 (Me.1991). This we are unable to do.
Moreover, the Board's denial of Gorham's application was based on the clearly stated finding that Gorham's use of his property as a multi-family residence would adversely affect the value of adjacent properties. The finding was made after a lengthy hearing and discussion of the evidence by the Board members. No request for further findings was made. See Pearson v. Town of Kennebunk, 590 A.2d 535, 537 n. 1 (Me.1991). Contrary to Gorham's contention, the findings of the Board are adequate, and are based on substantial evidence in the record. We cannot conclude that they constitute unsubstantiated opinion.
Other contentions raised by Gorham are without merit and require no discussion.
The entry is:
Judgment affirmed.
WATHEN, C.J., and GLASSMAN and COLLINS, JJ., concur.
*904 ROBERTS, Justice, with whom RUDMAN, J., joins, dissenting.
I respectfully dissent. For the purpose of this dissent, I accept the Court's determination that the standard set out in section 19.4.7(b)(4) of the ordinance, i.e., "will not adversely affect the value of adjacent properties," provides adequate guidance to a conditional use applicant and to the Zoning Board of Appeals. I also agree with the Court's interpretation on page 7 of the slip opinion of our decision in Cope v. Town of Brunswick, 464 A.2d 223 (Me.1983). On the record before us, however, I conclude that the Board's rejection of Gorham's conditional use application was arbitrary and capricious.
The Town of Cape Elizabeth has determined, through its legislative process, that multi-family dwellings are consistent with the zoning scheme, provided there is a showing that the multi-family unit will not adversely affect the value of adjacent properties. In the words of the Court's opinion, that is "a legislative determination that such [a use] will not ordinarily be `detrimental or injurious to the neighborhood.'" Op. at ___ (quoting Cope, 464 A.2d at 226-27).
Gorham presented uncontested evidence that his proposal would not change the external appearance of his home and contested evidence by two appraisers that there would be no adverse affect on the value of adjacent properties. The evidence of a third appraiser and of neighbors, who predicted an adverse effect on the adjacent properties, did not explain what there was about Gorham's particular proposal that made it harmful to the value of adjacent properties. Rather, all the opponents' comments were addressed to the more general idea that multi-family units adversely affect the value of single family homes.
Because the Town of Cape Elizabeth has already made a legislative determination that multi-family units will not ordinarily affect the value of surrounding properties, it was inimical for the Board to accept evidence contrary to that determination. In fact, the Board's adoption of the theory that multi-family units devalue surrounding property effectively precludes approval of any plan proposing a multi-family unit, clearly contravening the legislative intent. We have previously said that allowing a zoning board to decide whether a particular use complies with a legislative dictate is
improper if the Board is permitted to decide that same legislative question anew, without specific guidelines which permit the Board to determine what unique or distinctive characteristics of a particular [proposed use] will render it detrimental or injurious to the neighborhood.
Cope, 464 A.2d at 227 (emphasis added).
The Board, therefore, could have properly rejected Gorham's proposal only in reliance on evidence that his specific proposed use, because of its particular characteristics, would adversely affect the value of adjacent properties. Without any such evidence, the Board's decision was arbitrary, capricious, and contrary to the terms of the ordinance.
[1] Section 19-4-7(b) ("Conditional Use Applications"), and Section 19-4-7(d) ("Conversions to Multi-unit Dwelling"), are the two applicable sections of the zoning ordinance.
[2] Ernest W. MacVane, Jr. is the Code Enforcement Officer for the Town of Cape Elizabeth. Robert Goldman, Constance Goldman, George Knowles, Barbara Knowles, Richard S. Chapman, Virginia H. Chapman, Gregory W. Powell, Amy T. Powell, Cynthia B. Doucette, Joseph A. Doucette, Douglas Dransfield, Gail M. Dransfield, Alan A. Schock, Deborah D. Schock, Allen W. Wicken, Judith A. Wicken, Martha E. Blackwelder, Carolyn L. Huey, I. Frank Huey, Ceil P. Simpson, Doug Gagne, Michele Gagne, Cheryl R. Hagmann and Erick L. Hagmann, all opponents to Gorham's application, were granted intervenor status in the Superior Court. See M.R.Civ.P. 24.
[3] Section 19-4-7(b) of the Cape Elizabeth Zoning Ordinance provides:
(b) Conditional Use Applications. The Board shall consider requests for the issuance of permits for any of the conditional uses of land or buildings permitted in the various districts, upon submission to the Building Inspector of an application and the materials listed in Section 19-2-9(b)(2), (A) through (F), (I) and (K). The Board shall, after review of required materials, authorize issuance of a conditional use permit, upon a showing that: [Amended 7/29/87]
1. Any conditions prescribed for such conditional use will be satisfied.
2. The proposed use will not create hazardous traffic conditions when added to existing and foreseeable traffic in its vicinity.
3. The proposed use will not create unsanitary conditions by reason of sewage disposal, emissions to the air, or other aspects of its design or operation.
4. The proposed use will not adversely affect the value of adjacent properties.
5. The proposed site plan and layout are compatible with adjacent property uses and with the Comprehensive Plan.
6. The design and external appearance of any proposed building will constitute an attractive and compatible addition to its neighborhood, although it need not have a similar design, appearance or architecture.
Upon such showing to the satisfaction of the Board, it shall authorize the issuance of permits for such conditional use, but may impose such conditions upon such use as it deems necessary in order to assure that the foregoing objectives shall be attained.
[4] Gorham withdrew his motion for a trial of the facts filed in conjunction with his Rule 80B appeal of the Board's action, and makes no argument that he could present additional evidence in support of his claim of constitutional deprivation resulting from the alleged bias and predisposition of the Board members.
Get free summaries of new Maine Supreme Judicial Court opinions delivered to your inbox!


text:
MyChart Sign In MyChart
To register for MyChart, our patient communication and information system, you'll need the activation code from your enrollment letter.
If you haven't received an activation code, please request one to begin.
Continue to Registration
Request Activation Code
Community Hospital Anderson?
Sign In to MyRecord
Search (Header)
Billing & Costs
Follow Community Health Network
Health Minute Blog
Ray and his family find support at home and in Texas
Community Health Network Foundation
Kenaé Jumper's husband Ray was diagnosed with leukemia in April of 2011. His medical oncologist, Sumeet Bhatia, MD, an MD Anderson Cancer Network® certified physician, told them that Ray would require a bone marrow transplant.
Searching for a bone marrow donor
Kenaé, a 15-year Community Health Network nurse practitioner and mother of two, remembers the search for a donor began immediately. In 2012, they thought their prayers for a match had been answered, but the donor ended up falling through. Dr. Bhatia encouraged them to consider a different type of transplant, happening at MD Anderson Cancer Center© in Houston, Texas, that allowed siblings who were only half matches of the patient to donate bone marrow.
Yet, the cost of the procedure went beyond the treatment itself—going to Houston would require the Jumpers to secure housing for Ray for 100 days after the transplant. It was a price the family could not afford.
"Money was an obstacle to care," Kenaé said. "To not be able to do anything—it's crushing."
While housing assistance is offered by MD Anderson, the wait list to receive it was lengthy. The Jumpers continued to wait for a traditional bone marrow donor match.
For a couple of years, Ray underwent prolonged chemotherapy under the care of Dr. Bhatia and Community nurse practitioners. Periodically, he also received consultations from one of the leading leukemia specialists at MD Anderson.
Finding a way to Houston
At an appointment in late 2015, Dr. Bhatia again brought up the MD Anderson transplant option. When he learned that cost was the factor hindering the family from getting this much-needed care for Ray, he quickly put them in touch with a Community nurse navigator and a social worker, who connected the family with Community's Foundation.
The Foundation quickly approved the support for the Jumpers, providing enough funds to ensure Ray's housing was covered each month. Kenaé only needed to provide the contract and billing information for Ray's housing, and the rest of the process was handled by the Foundation.
When Kenaé learned that Community Health Network Foundation would provide financial support to enable Ray to receive the life-saving treatment he needed, she was shocked.
"I didn't even know resources were available to Community employees," she said. "It was amazing, astonishing even, that we were able to get help in this way."
Ray left for Houston in March of 2016. His sister, who lives in Dallas, helped to care for him and served as the bone marrow donor when the transplant took place in April.
The procedure went as planned, and Ray responded well to the treatment. Kenaé flew to Houston and spent a month with her husband following the procedure, and their children were able to stay in Houston with their father for two months during the summer. Kenaé traveled back and forth between Indianapolis and Houston until Ray was able to return home in late July.
Exceptional care in Indy and Houston
Today, Ray continues to do well, returning every two months to Houston and every two weeks at Community for follow-up appointments.
As they look back on the last year, Ray and Kenaé cannot help but be overwhelmed by the support the Foundation was able to offer them—all thanks to generous donors from around our community.
"Without the Foundation, Ray would not have gotten this transplant," said Kenaé. "There is no way financially we would have been able to do this alone. Community was instrumental in making this happen, and, because of donor support, my husband's life was spared."
Latest in Cancer Care
Don't Bake at the Race
Colonoscopy Considerations
Nurse Navigators: Partners in Your Oncology Journey
Holiday Gifts That Give Back
Is a 3D Mammogram Right for Me?
Saturated vs. Unsaturated — Which are healthy fats?
The HPV Vaccine Prevents Cancer
Care for Yourself While Caring for Baby
Infertility Doesn't Make You Less
Toll-Free, 24 Hours:
Provider/Employee Login


text:
La Communauté Milton Parc
La CMP, un partenaire local, social et économique.
Finaliste aux World Habitat Awards de l'année 2013
1988-2013: 25 ans de vie communautaire
About the CMP (hyperlinks in French)
Groups of dwelling
Layout of the CMP
The doors of Milton Parc
CMP turns 10! (1988-1998)
History and architecture of the Milton Park district
The sixties
The area east of the McGill University campus at the time was an English bourgeois neighbourhood and part of the Golden Square Mile. However, by the sixties, students had already moved into the neighbourhood in large numbers. Between the eastern boundary of the district, near the Ecole des Beaux-Arts, and the School of Architecture on the McGill campus to the west, one found the heart of the intellectual underground with its favorite hangouts: the New Penelope, the Black Cat, La Paloma, la Casa espagnole, the Phantasmagoria record store, la Hutte suisse... all of these places have been destroyed or are nonexistent. Today, these places have been replaced by several fraternity houses that have moved into the neighbourhood.
Over the years, gentrification has made rent increasingly unaffordable and several buildings have become luxury condos. But the historic character of the neighbourhood has not been completely lost, thanks mainly to the presence of housing cooperatives and other organizations and business affiliated with the CMP.
The area is full of Victorian homes with an architectural style much more diverse than in the Plateau Mont-Royal or elsewhere: from brick and gray stone to classical and English Gothic up until the Second Empire, with Parisian-inspired attics.
Some beautiful Queen Anne-style houses
(photos by Danielle Rousseau)
Maison Frank Fairleigh Parkins (vers 1887)
3492 rue Durocher (corner Milton) we find the magnificent house of Frank Fairleigh Parkins (acquired in 1887) and renovated in 1992 by architect Mario Biocca, who received the prix Orange de Sauvons Montréal. It's become a housing cooperative of 4 dwellings.
Maison Emma Tassé 1898
3488 rue Durocher, the picturesque house of Emma Tassé (spouse of Guillaume-Alphonse Nantel, lawyer and politician), constructed in 1898, is now Castel Durocher, a modernized Bed & Breakfast with 4 internet-connected rooms and where artisanal Belgian chocolat Chic Choc is made.
Maison Francis Hugh McKenna 1891
385 rue Milton (corner Hutchison) a part of Coopérative Du Chez Soi, was the elegant house of Francis Hugh McKenna, with a beautiful stained glass façade on the south side. It was built in 1891 and is presently divided into divided into five cooperative housing units.
Maison James Harper 1897
481 rue Prince Arthur ouest is the opulent red brick home of businessman and Councillor James Harper, built in 1897. Its spectacular façade is adorned with a majestic portal and a cherub with horn and panpipes . It was purchased in 1957 by the McGill fraternity Phi Gamma Delta, and later served as a hostel and Hare Krishna temple. It became a private dwelling in 1978.
Other historical buildings of interest
(photos de Danielle Rousseau)
Maison Fisk 1908-1909
659 rue Milton (corner Université), la maison Fisk, constructed in 1908-1909, was the hangout in the 40s and 50s of renowned stress expert Dr. Hans Selye who was a professor at Université de Montréal and president of the International Institute for Stress and author in 1974 of "Stress without distress."
Ancienne maison de ferme
3635 rue Durocher is a red brick house, an old farm house, which is one of the oldest in the neighborhood. It was purchased in 1857 by pharmacist John Kerry. Today it houses students.
At 3449 University Street is the oldest high school in Montreal, the Montreal High School, now divided between FACE school, focused on the arts, and the alternative high school MIND ("Moving in New Directions" ) of the EMSB.
3702 rue Ste-Famille, The house was once the residence of famous New Zealand physicist and Nobel laureate in chemistry in 1908, Sir Ernest Rutherford. Thanks to him, the atomic age began in Montreal in 1902. The McGill University Rutherford Physics Building was erected in his honour and with small museum in 1967.
3625 rue Aylmer houses the McGill Christian Fellowship, founded in 1903 by Lord Strathcona. It is an institution in the neighborhood, housing The Yellow Door (YMCA McGill) whose Coffeehouse, the oldest in Canada, started in 1957. During the Vietnam War, many American protesters regrouped there and it launched the careers of several folk singers, including Jesse Winchester. The mission of the Yellow Door, associated with the Yellow Door Housing Corporation, is dedicated to the well-being of the elderly and neighbourhood youth in trouble.
3432 rue Hutchison houses Chez Alexandre le Bienheureux, a charming B&B and café with warm colours, housed in a beautiful centenary Victorian house.
Famous artists from the neighbourhood
Home of the famous public art sculptor Alfred Laliberté ("Little Swimmers" "Monument to the Patriots' 1926 bronze, fountain scuplture 1915) on rue Sainte-Famille, with several studios rented to the likes of Suzor-Côté, Maurice Cullen and Robert Pilot, it became a veritable museum of contemporary art between the years 1914-1953. Overall, 925 works were created there, including a famous series of bronzes.
The "old painter of Sainte-Famille", Louis Muhlstock(1904-2001) (Knight of the Order of Quebec in 1998 and an Officer of the Order of Canada in 1990), a native of Galicia in the Austro-Hungarian Empire, lived on Sainte-Famille Street in a typical old 3-storey house of where he housed his workshop for over forty years. The Musée du Québec devoted a retrospective to him in 1995. Though known for his nudes, the artist has put an often destitute life on canvas, but not without a certain nobility of the people of working-class neighborhoods, factory workers, the unemployed and immigrants.
The rebel sculptor Armand Vaillancourt, the sixteenth of a family of 17 children from Lac Noir in the Eastern Townships, immortalized Durocher Street in his first creation. With his work "The Tree of Durocher," created from 1953 to 1956 while he was a student at the École des Beaux-Arts in Montreal, he has triumphed in the standards of sculpture and art of his time. Winner of the 1993 Prix Paul-Émile Borduas, the highest distinction in the field of visual arts, Vaillancourt never separates his art and its social commitment to the defense of the rights of men.
Claude Jutras, a small park at the corner of Clark Street and Prince Arthur Street, between Ste-Famille where the famous filmmaker grows and Carré Saint-Louis, where he spent much of his life. A sculpture by Charles Daudelin is there in honor of Jutras.
Some famous politicians from the neighbourhood
At 400 rue Prince-Arthur, a Victorian gray stone house was built in 1894 by Senator Rodrigue Masson, one of the lieutenant governors of Canada.
Senator Solange Chaput-Rolland (1919-2001) grew up at 3512 Durocher, now replaced by a small apartment building.
The cousin of Georges Vanier, Governor General, was founder with his wife of the Vanier Institute of the Family whose son, Jean Vanier, philosopher and theologian, is the founder of L'Arche Canada, took up residence at 3626 rue Ste-Famille and this house is now owned by the Housing Cooperative Chambrelle who keeps his office on the first floor
Check out these external links:
Historic houses and buildings with McGill virtuel:
Golden Square Mile
Rue Sherbrooke
Le cadran solaire de MDCCCC au 570, rue Milton.
Podcast « Réaliser ::: Milton-Parc »
Ce podcast est un documentaire-fiction en 3 épisodes qui porte sur la création et la pérennité du quartier Milton-Parc. Un leg de la CMP pour son 30e anniversaire (1987 - 2017). In French only.
Guide de la CMP
À l'occasion de son 25e anniversaire, la Communauté Milton Parc est fière d'annoncer la parution d'un livre sur son histoire et son fonctionnement. Écrit par Lucia Kowaluk et Carolle Piché-Burton, ce livre est un manuel s'adressant aux résidents de la Communauté et à tous ceux qui s'intéressent à l'habitation coopérative. Les auteures racontent l'histoire du projet et expliquent son fonctionnement actuel. Le livre est en vente au bureau de la CMP au coût de 10$. Vous pouvez télécharger ou visualiser une copie en cliquant sur l'image de couverture.
The Destruction of Milton Park
Contains press clippings and photographs from our glorious years collected by Dimitri Roussopoulos, plus a thesis entitled ''HOUSING OWNERSHIP AND COMMUNITY CONTROL'', written by Christine Cousineau for a master degree at the Massachusetts Institute of
Technology (August 1980). Click on the cover to download or read.
The Milton Parc Affair
The Milton-Park Affair.pdf
Copyright 2013 - Andromeda Technologies


text:
'Boris Johnson's PMQs apology means nothing – his false contrition won't save him' – Jason Beattie
Boris Johnson arrived at Prime Minister's Questions with only one objective: his own personal survival.
Everything he said was driven by this most visceral of instincts.
If it meant swallowing his pride and offering a form of apology, he was prepared to break the habit of a lifetime and do just that.
It it required grovelling before his own MPs with the penitence of a sinner forced to wear sackcloth and ashes, he would suffer this ignominy.
The humbling of Johnson today was like watching the crashing of the Hindenburg Zeppelin as we saw an over-inflated monument to hubris combust before our eyes.
Johnson told MPs he 'apologised and fully acknowledged' the events at Downing Street in May 2020
AFP PHOTO / PRU)
Will the contrition be enough to save him?
In his desperation to cling on to power, Johnson picked his words carefully. He apologised for the mistakes that were made but he never once apologised for any error he may have committed.
There was the usual "I take full responsibility" – a line he used when we passed the grim milestone of 100,000 Covid deaths – but there was no explanation of what that might involve.
To the majority of people, the idea of taking responsibility requires some form of remedial action. In Johnson's case it is a useful formulation of words to buy him some grace.
His fate now rests on the inquiry by the civil servant Sue Gray.
Johnson's premiership is on the rocks after numerous allegations about lockdown-breaching gatherings under his watch
POOL/AFP via Getty Images)
It is her task to determine whether the Prime Minister was correct in believing the party on May 20 was a "work event" that "technically fell within the guidance".
He is gambling that her adjudication will be sufficiently ambiguous for him to once again wriggle out of yet another catastrophe of his own making.
The court of public opinion has already reach a different verdict. They will have noted that the Prime Minister had previously said there was no party and no rules were broken.
Today he admitted there was a party and he was at it.
To claim it was technically within the rules is an insult to people's intelligence. That's how sorry he really is.
Previous : Tory suspended for voting to cut VAT on energy bills – despite Boris Johnson backing idea
Next : Fake toonies discovered in Hawkesbury, Ont.


text:
Palm oil protest urges boycott at London Stock Exchange
AFP• May 4, 2016
Indigenous and civil society leaders from Indonesia, Peru, Colombia and Liberia gathered in London to present a petition to the London Stock Exchange calling to ensure palm oil used in the European Union is from sustainable sources (AFP Photo/Nilas Halle'N)
London (AFP) - Indigenous and civil society leaders from Indonesia, Peru, Colombia and Liberia gathered in London Wednesday to urge a boycott of firms that commit human rights violations and land seizures to cultivate palm oil.
The delegates presented a petition to the London Stock Exchange calling on investors, consumers and governments to ensure palm oil used in the European Union is from sustainable sources.
The EU is the third largest importer of palm oil, a key ingredient in many everyday goods, from biscuits to make-up.
Demand for the oil has rocketed in recent years but the expansion of the industry has been blamed for the destruction of tropical forests and polluting forest fires.
Signatories from the four countries called on Europeans to "stop investing and funding companies and business operations that are associated directly or indirectly with human rights violations, past or present illegal land acquisitions, deforestation and other environmental damage".
They also called for strict controls to ensure that food, cosmetic and drink products are free from palm oil associated with such abuses.
Willian Aljure, an activist with the Colombian group CONPAZ, added that the group wanted "international solidarity" to demand protection and justice for indigenous and local communities affected by the palm oil sector.
"You cannot separate human rights from environmental damage," he said in a statement.


text:
Red Wings Rebuild: Are the Kids Actually Playing More?
By Tony Wolak January 4th, 2019
Over the summer, the Detroit Red Wings stated that they would give preference to their younger players moving forward. Instead of deferring to the veterans, the "tie would go to the young player."
As you would expect, this news was music to Red Wings fans' ears but was met with some skepticism. For decades, the organization has relied on veterans to play heavy minutes and over-ripened their young players in the minors and in sheltered NHL roles. But with the team rebuilding, the next generation should and deserves to be playing more and gaining valuable experience.
The 2018-19 NHL season has been incredible for Dennis Cholowski's development. (Amy Irvin / The Hockey Writers)
So as we approach the midway point of the 2018-19 NHL season, let's revisit Jeff Blashill's comment on more ice time for Detroit's young players. Are they indeed playing more? And if so, are the Red Wings better for it now and in the future?
Related – Red Wings Trades: When Will Holland Strike a Deal?
Red Wings Divvying Out Ice Time
For the purpose of this evaluation, let's take a look at Detroit's 24-and-under players (U24) and how much ice time they've received this season compared to the 2017-18 campaign. All situations are considered here, not just five-on-five.
Dylan Larkin has stepped into Henrik Zetterberg's role – and then some this season. (Amy Irvin / The Hockey Writers)
First, let's take a look at the 2017-18 data:
Total seconds played: 1,462,039
U24 seconds played: 382,155
U24 ice time percentage: 26.14%
Next, the 2018-19 data through the first half of the season:
Total seconds played: 735,017
Overall, the Red Wings' U24 players are on the ice more than last season. In fact, they're on-pace to play 60 percent more than they did a season ago.
In particular, Dylan Larkin and Andreas Athanasiou's average times on ice are up 9.49 percent and 7.62 percent, respectively. This is partially due to Henrik Zetterberg's departure as Frans Nielsen's time is up as well. Additionally, Tyler Bertuzzi is seeing more ice time as well – he has played 7.29 percent more than he did last season.
Related – Red Wings Prospect Rankings: Top Risers & Fallers
Are the Red Wings Better?
Now that we know Detroit's younger players are on the ice more, let's evaluate if it's making a difference. Last season's team struggled in all facets of the game, but goal-scoring was especially bad. Overall, the team averaged 2.59 goals-per-game, fourth-worst in the NHL. So far this season, they've slightly improved to 2.76 goals-per-game, 25th in the league, but still not good enough for the team to contend. How much does this increase have to do with the additional ice time for Detroit's younger players?
Andreas Athanasiou has been extremely dangerous for the Red Wings. (Amy Irvin / The Hockey Writers)
Again, let's take a look at the 2017-18 data first:
Total goals: 212
U24 goals: 76
U24 goals percentage: 35.85%
U24 goals per game: 0.93
And now the 2018-19 data through 41 games:
The good news: Detroit's U24 goals percentage has certainly increased. The bad news: the team is only on-pace to reach 226 goals by the end of the campaign – just 14 tallies better than last season.
Larkin and Bertuzzi have already surpassed their goal totals from the previous season and Athanasiou should join them soon. Anthony Mantha, who was counted on to be Detroit's next 30 or 40-goal man, will need a jump-start to match his 24 goals from the 2017-18 campaign. He'll need 15 markers in the second half to do so – it's not impossible, just unlikely given Mantha's streaky play.
Detroit's team performance has also improved slightly. Their 2018-19 points percentage sits at .451, just above last season's final percentage of .445.
Blashill has stayed true to his word – the kids are indeed playing more. They're also scoring more as well. The departure of Zetterberg in addition to injuries on defense have something to do with this, but Detroit's core young players are producing in their expanded roles. In addition, Dennis Cholowski's ascendance and power play duties are a sign that the times are changing, especially when he received man advantage time over Niklas Kronwall.
This increase in ice time and improved offensive play bode well for the rebuild. This trend should continue next season as well, with Michael Rasmussen fully acclimated to the NHL and Filip Zadina and possibly Joe Veleno joining him in Detroit.


text:
K-Tube Technologies
Concise Engineering
Cardiac Care on the Can
Nicholas Conn, a postdoctoral fellow at RIT and founder and CEO of Heart Health Intelligence, is part of the university team that has developed a toilet-seat based cardiovascular monitoring system. Image courtesy of A. Sue Weisler/RIT.
A New, Tailored Review Framework for Artificial Intelligence-Based Devices
Mike on Medtech: FDA's Material Evaluation
FDA Aims to Prevent Shortages Following Sterilization Shutdowns
Toilet Seat Detects Congestive Heart Failure
Study: Apple Watch May Help Flag Heart Rhythm Problems
Sam Brusco, Associate Editor04.03.19
Transitioning from reactive to proactive/preventive care could work wonders for the healthcare system. A proactive strategy is important for cardiovascular disease, the leading cause of death across the globe.
According to a 2017 American Heart Association (AHA) report, heart failure (HF) affects about 6.5 million Americans annually, with almost 1 million new cases every year.
Addressing HF before it lands patients in the hospital can also reduce America's already troublesome healthcare spending. The AHA reports that HF costs the U.S. about $30.7 billion annually, and that spend is expected to rise 127 percent to $69.7 billion by 2030. Further measures must be taken to reduce HF patients' hospital readmissions because hospitalization accounts for about 80 percent of HF's total cost.
To keep HF patients out of the hospital, more interventions aimed at identifying and monitoring sub-clinical heart congestion can boost chronic HF management at home. Such home management includes self-care and home visitations, and the use of telemedicine and remote monitoring via external or implantable devices.
Your toilet, for example.
No, this isn't an April Fool's prank. Rochester Institute of Technology (RIT) researchers have created a toilet-seat based cardiovascular monitoring system with the goal of reducing hospital readmission rates for HF patients. The high-tech add-on to the porcelain throne features built-in biometric sensors that measure heart rate, blood pressure, blood oxygenation levels, weight, and stroke volume—the amount of blood pumped at each heartbeat. The system's specialized algorithms analyze the biometric data, and upon further development, alert healthcare providers of a deteriorating condition. Cardiologists can then read the report to decide whether intervention is necessary.
"Typically, within 30 days of hospital discharge, 25 percent of patients with congestive heart failure are readmitted," said Nicholas Conn, a postdoctoral fellow at RIT and founder and CEO of Heart Health Intelligence, who is part of the university team that developed the toilet seats. "After 90 days of hospital discharge, 45 percent of patients are readmitted. And the Centers for Medicare and Medicaid Services is penalizing hospitals for readmitting patients for heart failure."
And though the idea seems ludicrous, the toilet makes sense as a periodic heart health checkpoint. The toilet seat system can be easily integrated into a monitoring regimen with quite literally no change to daily routine because patients (with healthy digestion) are guaranteed to sit down for a heart checkup at least once a day. Subject preparation and error problems are lessened because skin contact is automatic and very repeatable for each use—there are few actions more innate than a trip to the john.
RIT's proposed cardiovascular monitoring system installs directly on a standard toilet, is battery powered, wireless, waterproof, and doesn't need further connections or user interaction. The seat's single lead ECG measures the heart's electrical activity, a ballistocardiogram measures the heart's mechanical forces, and a photoplethysmogram measures blood oxygenation and pulse transit time.
The toilet seats are slated for the FDA clearance process by the researchers' company Heart Health Intelligence. Once cleared, the toilet seats are intended for purchase by hospitals and would be given to HF patients following discharge. The team is currently writing grants for further funding and networking, and have begun human subject testing and preclinical studies.
One significant issue currently clogging the pipes is that the toilet-based monitor doesn't work as one is relieving oneself. Unfortunately, using the toilet for its intended purpose befouls the measurements, as well. The researchers aim to repair this, writing in an application for the device that "in future in-home studies, algorithms will be developed to identify and reject periods of urination and defecation through classification of motion artifacts and the physiologic shifts associated with this change in state."
The heart-healthy toilet seat can be viewed as the latest—and most creative—variation on the trendy theme of wearable medical devices. It fits with the idea of tracking health whenever and wherever possible, which is of the utmost importance for cardiac health, where an event can strike at any moment without much warning.
The toilet seat plays a similar role to consumer technology with a healthy twist, much like the massively popular Apple Watch. Apple recently released the results of a 400,000-patient trial evaluating the Watch's efficacy in accurately detecting arrhythmias at this year's annual meeting of the American College of Cardiology. Participants wore the Apple Watch and were sent a notification if the smartwatch spotted an irregular heartbeat, then followed up with an ECG for verification.
The Apple Heart Study did have a high rate of false positives (84 percent of the irregular pulse notifications were later confirmed as AFib episodes), which raises concerns about patients being treated unnecessarily or prematurely. However, the study results give Apple a reason to continue this type of study, primarily because the study didn't use the company's new Series 4 Watch, whose built-in ECG required FDA clearance. The toilet, as an experimental method to measure biometrics involved in HF, faces similar issues. However, it is important to note that these technologies should be viewed as an adjunct to a clinical assessment.
"The physician can use the information from the study, combine it with their assessment…and then guide clinical decisions around what to do with an alert," Marco Perez, an associate professor of cardiovascular medicine at Stanford and one of the study's lead researchers, told Reuters.
Sum and Substance: Material Considerations for Changing Design Needs
Remote Blood Pressure Monitoring via Smartphone App Shows Promise
CERENOVUS Launches Global Registry to Study Stroke-Inducing Blood Clots Removed by Thrombectomy
POWERING CES 2019
J&J, Apple Seek to Improve AFib Outcomes
CES 2019: Bongmi Introduces Smart Devices for Women's and Children's Health
Sounding Board: 2018 Reflections and Looking Ahead
Bay Labs and Edwards Partner on AI Software to Improve Heart Disease Detection
5 Questions from the Booth: Apple Rubber
Ancora Heart Announces Positive Interim Analysis From Study of Heart Failure Therapy
Of the three major segments of coronary stents, bioabsorbable stents are expected to have the highest growth between now and 2022.
Maria Shepherd, President and Founder, Medi-Vantage 11.04.20
Internet of Medical Things technologies have emerged as the key enabler of a much more holistic and complete disease-state management toolbox.
Brad Womble, Senior Director of Strategy, Marketing, and Mergers & Acquisitions, Jabil Healthcare 11.04.20
How COVID-19 is Reshaping the Diagnostics Testing Sector
The short-term impact on the diagnostics sector is readily apparent as the pandemic has fueled overwhelming demand for effective SARS-CoV-2 testing solutions.
Eric Williams, Managing Director, Capstone Headwaters 11.04.20
A Breath of Fresh Air for COVID-19 Testing
One of the latest COVID-19 testing innovations has recently emerged from Israel's Technion-Israel Institute of Technology—a coronavirus breath test.
Sam Brusco, Associate Editor 09.01.20
What's Apple Been Up To in Healthcare?
Apple is building its bench with teams of physicians and engineers creating software and hardware to address the healthcare market.
The Rise of Digital Medical Devices and Implications for the Supply Chain
Tony Freeman, President, A.S. Freeman Advisors LLC 07.21.20
'Pandemic Drone' Spots COVID-19 Symptoms
About three months ago, drone-making company Draganfly began to strategize how drones might be able to help against COVID-19.
Hospital Advances in Digital Health Medical Technology
It's been stated, "What the world would have taken five years to achieve was accomplished in five weeks," regarding virtual care and the U.S. population.
Gaining a Clearer Picture of Hitachi
Diagnostic imaging is gaining the attention of many in healthcare as the technologies shrink in size and become available to those outside the hospital.
Sean Fenske, Editor-in-Chief 04.01.20
To Build or To Buy? In Data Analytics, That Is the Question
As companies undertake new types of analytics projects that require new skills beyond simple sales reporting, it's worth revisiting the "build vs. buy" question
Maria Kliatchko, Principal, ZS 03.04.20
The Next Medtech Frontier: Digital Health and Home Healthcare
U.S. health systems want to find ways to reduce costs; however, the shift to treating patients at home instead of admitting them to a hospital is new.
Digital Health | R&D & Design
Speed Up or Risk Stepping Down: The New Reality of the Connected Healthcare Development Cycle
Digital health and connected devices are an extraordinary new tool for delivering on improving patient outcomes.
Joe McBeth, VP Global Supply Chain, Jabil Healthcare 01.29.20
From Genome Sequencing to the World's First Portable MRI
Dr. Jonathan Rothberg has risen about as high as a scientist can, save for the Nobel Prize.
An Update on Digital Health
Elizabeth Holmes: The Making of a Pop Culture Icon
Despite keeping a relatively low profile this year (not by choice), Elizabeth Holmes' celebrity status has continued to grow.
Michael Barbella, Managing Editor 10.08.19


text:
City of Lincoln Council
Developer gives update on site of historic Lincoln Ruston's factory
The plant made thousands of aircraft in the First World War
Paul WhitelamSenior reporter
The firm that owns the site of a former Ruston's factory in Lincoln has released an update on what it intends to do with the land.
Riverstone Developments, based in Sutton Coldfield in the West Midlands, bought the former Boultham Works site for £1,920,000 in August 2018 and demolished the workshops and office buildings.
Ruston, Proctor & Co built 2,750 aircraft were built at the works in the First World War.
Cars were manufactured at the site in the inter-war years, followed by tanks in the Second World War and trains in the decades that followed.
The legendary Boultham Works would be taken on by fertiliser firm William Sinclair Horticulture Ltd, which produced compost at the plant from 1984 to 2015 when it ceased operations in Lincoln and production relocated to a super-plant in Ellesmere Port.
The site has been cleared (Image: Anna Draper/ Lincolnshire Echo)
Riverstone Developments previously announced it was working on designs for a "major mixed use regeneration scheme" for the site.
What next for site of historic Lincoln factory?
Siemens wants to offer around 70 Lincoln workers voluntary redundancy
Now, Nic Mellor, director of Riverstone Developments, told Lincolnshire Live: "We are currently considering our options for the site and hope to have submitted a planning application by the summer."
There has been been talk of redeveloping the former works in Firth Road, particularly as housing, for some years now.
Lincolnshire Headlines
Grenade pulled from river in Lincoln
Woman 'attacked' in car park
Major road closed for five months
Crowds attend funeral of hero pilot
The Central Lincolnshire Local Plan, which sets out areas ripe for potential future development by 2034, identifies Firth Road as a "regeneration and opportunity area".
It states: "Planning permission will be granted for the appropriate redevelopment of sites in the regeneration area for housing, including accommodation for students, either solely or as part of a mixed use development in association with business use, education and community use."
City of Lincoln CouncilFinal approval for 3,200 homes and Lincoln City stadium at SwanpoolThe Secretary of State has decided not to 'call-in' the controversial scheme
The date Sue Gray report into lockdown parties will be released
CoronavirusPressure is mounting on Boris Johnson
Food and DrinkDr Mosley shares his tips on how to stay fuller for longerMore than 60 per cent of adults in England are classed as overweight or obese
Lincoln MP Karl McCartney issues statement on 3,200-home scheme
City of Lincoln CouncilThe Government said it would not be 'calling in' the decision


text:
Student Spotlight: Sara Leikin
Jessenia Rivera
USF graduate student Sara Leikin in Albuquerque, New Mexico.
Dedicated to her role as director of a STEM schools project in Cairo, Egypt, USF graduate student Sara Leikin had no intention of pursuing a doctoral degree. When she learned about USF's Doctor of Education (EdD) in Educational Program Development, she felt confident in her ability to continue her studies from a distance.
Before taking on a role as a French tutor while in college, Sara Leikin hadn't envisioned a future as an educator, much less a principal or a director of STEM initiatives.
After graduating from Mount Holyoke College with a degree in International Relations and a minor in French, Leikin's goal to work for the U.S. embassy quickly changed when she realized how motivated she was to improve her students' tutoring experiences.
"I learned that I loved spending time with those kids," Leikin said. "I loved thinking about how I was going to get them to understand a concept…So, I ended up getting a master's in education and that began my 10 years of teaching in the classroom."
While an educator at two high schools in Ohio and Georgia, Leikin grew in her practice and began developing professional development workshops for her colleagues, an experience that led her to expand her impact in places like the International High School of New Orleans, a school she helped open in 2009 following the devastation caused by Hurricane Katrina.
In her position as founding head, Leikin learned how to effectively lead a turnaround program. Navigating challenges in a recovering school district wasn't easy, Leikin shared, but there's one key element that drove her success with students, teachers and the overall school community.
"When you come to a place where there's been trauma, you have to have an asset-based approach," Leikin said. "There's always benefit, community and powerful things happening if you go with the mindset that you're there as a guest, as someone who wants to learn and support."
Following her time at New Orleans, which she deems as the "hardest, most rewarding work" she's done, in 2014 Leikin traveled across the world to support teachers' development as director of The Franklin Institute's Egypt STEM Schools Project in Cairo, Egypt.
Sara Leikin with a biology class at Alexandria STEM school in New Borg El Arab, Egypt.
It was after arriving in Egypt that she learned about USF's EdD in Educational Program Development and decided that furthering her academic path now made sense.
"I never wanted a doctorate because I couldn't find a program that met what I was looking for," Leikin said. "But I got to thinking about it in Egypt and when I began researching, I happened to pull up USF's EdD program and I was impressed. I felt that I would truly have an opportunity to research the areas of education innovation that appealed to me."
Eager to enroll, Leikin reached out to program coordinator Howard Johnston, PhD, a USF Emeritus Professor of Teaching and Learning who advised her to join the program a month before the first cohort began.
After being accepted into the program, Leikin boarded a 13-hour flight towards Tampa and attended her first class at USF. For two years, she was able to continue her studies overseas while remaining immersed in her coursework.
"I was really grateful for the flexibility that USF afforded me," Leikin said. "They let me 'Zoom' into classes before everyone was 'zooming' into classes. They gave me the ability to still feel engaged with cohort members and professors while I traveled."
Throughout her journey in the College of Education, Leikin has not only gained a mindset focused on theory, but the classes she's taken have also enabled her to better understand her grant-funded work in Egypt.
Opening 11 schools and training more than 200 educators and leaders has created experiences that Leikin pieced together for her dissertation.
Sara Leikin with a group of students in Alexandria STEM School's Fab Lab.
When she reflects on her time in the EdD program, Leikin says she can't imagine doing anything differently. Working with a group of individuals from a diversity of backgrounds helped her gain multiple perspectives.
"In our cohort, there's folks who are classroom teachers, school leaders, people in a government space and people in the private sector," Leikin said. "So, I think it was really interesting to have access to those different kinds of thinking and yet, still be singularly focused on innovation in education."
Today, Leikin works as a director of business development and partnerships for the National Math and Science Initiative in Dallas, Texas and plans to defend her dissertation proposal this spring. Her advice to individuals who aspire to impact children through leadership roles is to always put students and teachers first.
"A lot of times you see the leadership pyramid and the leaders are at the top, but one mentor principal told me, 'You have to flip that upside-down,'" Leikin shared. "The principal is at the bottom and everyone else is above because that's who you're supporting…That's the only way it'll work."
USF's Doctor of Education (EdD) in Educational Program Development with a concentration in Educational Innovation prepares graduates to create, launch and evaluate promising, sustainable innovations in their own professional settings. The program is open to those who work in Pre-K through grade 12 settings, and is also open to post-secondary educators and educational professionals who work in the private sector, with nonprofits, or other government or service agencies.
Return to article listing
Educational Program Development, Graduate Studies, Student Spotlight, Student Success


text:
Why Ukuleles?
Over the past 10 years, the ukulele has developed into one of the most beloved instruments, played by millions of Americans.
With influence from the likes of George Harrison of The Beatles, Eddie Vedder of Pearl Jam, Taylor Swift, Cliff Edwards, Jake Shimabukuro, and the late Israel Kamakawiwo'ole, there has been a resurgence and newfound love for the ukulele.
Festivals have sprung up across the nation. Here are just a few examples:
New Jersey Uke Fest
Los Angeles International Ukulele Festival
Mighty Uke Day (Lansing, Michigan)
Utah Ukulele Festival
Rocky Mountain Uke Fest (Durango, Colorado)
Why Downtown Aurora?
Downtown Aurora is becoming a leader in the music and arts scene. With RiverEdge Park, the Paramount Theatre, the all-new Venue, and dozens of restaurants featuring arts and music, the area is becoming the home for live entertainment in the western suburbs of Chicago.
Platinum Level:
$1000 plus. Sponsor will be mentioned on stage. Sponsor will have their name on a stage banner and a full-page ad in the program. Website presence on Facebook and Instagram.
Diamond Level:
$500. Sponsor will be mentioned on stage. Sponsor will have their name on a stage banner and a half-page ad in the program. Website presence on Facebook and Instagram.
Gold Level:
$250. Sponsor will be mentioned on stage. Sponsors will have their name on a stage banner and a quarter-page ad in the brochure.
Silver Level:
$100. Sponsor will be mentioned on stage. Sponsors will have their name on a stage banner and a business-card size ad in the brochure.
If you would like to be a sponsor or have further questions, please email or call 1-630-844-4558.


text:
The secret behind the Bay Area's most popular tropical beers: GMO yeast
Bioengineered strains from a startup, Berkeley Yeast, have been embraced by many craft brewers
Propagation lead Josh Olenberg-Meltzer cleans out tanks at Berkeley Yeast's manufacturing facility.
Photos by Brontë Wittpenn/The Chronicle
If you drink a lot of Bay Area craft beer, you may have sampled some hazy IPAs lately with wildly tangy, tropical flavors and aromas, tasting unmistakably like passion fruit and guava.
But there's no actual fruit in these brews. Instead, they were fermented using a genetically modified yeast strain called Tropics, which was bioengineered by an East Bay company specifically to produce those flavors.
In the world of craft brewing, as in many other food and drink sectors, genetically modified organisms tend to engender fierce debate, and many brewers remain reluctant to use the strains from the 4-year-old startup called Berkeley Yeast. But about 250 breweries throughout the country have used the company's genetically modified strains, and some insiders herald its scientific breakthroughs as game changers for the beer industry.
In the short term, the company says it can help brewers make consistently better-tasting beers more efficiently. In the long term, CEO Charles Denby says its yeasts may be able to ease the brewing industry's reliance on agricultural products such as hops as the climate changes.
Yeast is mixed together with a sugar-rich solution at Berkeley Yeast.
Brontë Wittpenn/The Chronicle
Hans Eisenbeis, director of mission and messaging at the Non-GMO Project, sees things differently. He doubts that craft beer drinkers, who "are concerned about simplicity and authenticity," will welcome "this form of artificial flavoring."
Bay Area beer
Top Bay Area Breweries
Bay Area brewers are dedicated to this niche style of beer, even though it will never be popular
Yet for all the controversy that typically accompanies the use of GMOs, the arrival of Berkeley Yeast has been met with relatively little skepticism in the Bay Area, where consumers tend to prioritize all things natural. Even Denby has been surprised by the reception.
The company sells a range of yeast strains, each offering a different outcome. One strain results in beers with citrusy and floral notes. Another eliminates diacetyl, a pesky off flavor that plagues some hoppy beers. Another can produce a sour beer in a fraction of the time it normally takes.
By far the most popular product is Tropics, whose passion fruit and guava notes have entranced legions of brewers, including those at local favorites like Temescal Brewing, Alvarado Street Brewing and Cellarmaker Brewing. The strain is becoming some breweries' house yeast; Tropics-fermented beers are winning awards in competitions such as the Great American Beer Festival.
The flavors produced by Tropics are "just on a whole new level," said Alvarado Street brewing director J.C. Hill. "It's mind-boggling how these flavors could be created with no fruit."
Berkeley Yeast's co-founders Rachel Li (left), Nick Harris and CEO Charles Denby started their bioengineering firm after receiving doctorates from UC Berkeley.
When Denby got into bioengineering, he expected to work on renewable fuels, not beer. He and co-founder Rachel Li met as doctoral students at UC Berkeley in the lab run by Jay Keasling, a leading bioengineering scientist. Keasling's work has largely focused on biofuels and medicinal applications, notably an anti-malarial compound that he engineered.
Like many grad students before him, Denby got into home brewing as a hobby. He was shocked to learn how many hops were required for brewing a beer, especially the ultra-hoppy IPAs currently in vogue. Denby was struck not only by the expense of buying all these hops, but also by the fact that growing them seemed so resource-intensive.
In Keasling's lab, he and Li were already working with a class of compounds called terpenes, which can be used as a diesel replacement but also happen to be responsible for the aromas in hops. The scientists started wondering: Could they genetically modify yeast to produce strong-smelling terpenes in a beer while using fewer hops?
Their mentor doubted the commercial feasibility, because many consumers remain so wary of food labeled as GMO. "My initial thought was: The public will never accept that," Keasling said.
But in 2015 Denby and Li forged ahead, initially creating a strain called Superbloom that produces three terpenes present in Cascade hops, a popular variety used in West Coast-style IPAs. Superbloom-fermented beers tend to smell citrusy and floral: Berkeley Yeast describes the notes as orange blossom, geranium, lime peel and lemon zest. That yeast became the basis for the startup, which Denby, Li and another Berkeley doctoral student, Nick Harris, formed in 2018.
Lab technician Kayleigh Boyd pipettes diluted yeast before counting its cells and density.
As they started to interact with craft brewers, the team began to understand that there was a high demand for beers with explosively tropical flavors, particularly in hazy IPAs. "We quickly shifted our research focus to produce yeast strains that were creating more elaborate tropical fruit characteristics," Denby said.
To develop a new strain, they start with an existing brewer's yeast, typically the ale strain known as Boddington's, named for the English brewery where it originated. Then they tinker. For each new strain Berkeley Yeast produces, its team has in mind specific compounds — like those citrusy, floral terpenes in Superbloom — as the end goal, and it inserts DNA into the yeast that codes for enzymes that can produce those compounds.
The tinkering can be extensive. Whereas Superbloom was developed fairly quickly, Tropics took a lot more trial and error. Initial versions of Tropics expressed not only the passion fruit and guava notes, but also "smelled like poop," said Jeremy Roop, who runs R&D and strategy, so they had to get rid of that.
Future flavor possibilities are apparently endless. Eventually, Berkeley Yeast envisions a lineup of strains that express other distinctive fruit characters, like pineapple or peach — and brewers, Roop said, will be able to mix and match to create their own unique "fruit smoothie."
Craft brewers around California have met the yeast with passionate enthusiasm.
"In this industry, one person uses it and then it has this trickle effect," said Brad Johnson, head brewer at Moonraker Brewing in Auburn (Placer County). "We started hearing that there's this new yeast company that's ahead of the game and pushing the boundaries with flavor profiles."
Berkeley Yeast's co-founder Nick Harris attaches labels to containers of ready-to-ship yeast.
Johnson loves Tropics, which he said results in beers that "blow up in your face (and) you can smell across the room." He also calls Berkeley Yeast's diacetyl-free strains, which quash the possibility of a beer developing an off-putting buttery flavor, to be "a big weight off my shoulders." Not all beers develop diacetyl, and there are methods of preventing it that don't involve these yeast strains, but the appeal of Berkeley Yeast's product is its efficiency. (By the end of the year, Roop said, all Berkeley strains will be diacetyl-free in addition to conferring their particular flavor profiles.)
Certain safety concerns arise around any genetically modified organism. Li said that all of the compounds that Berkeley Yeast's strains produce are food-grade flavor molecules already approved by the Food and Drug Administration, even if drinkers aren't ultimately consuming the yeast itself. The compound that tastes like guava in a Tropics-fermented beer, she said, is actually the same compound that makes guava taste like guava. "We know these are safe because people have ingested them in guavas for a long time," Li said.
The team also sequences the genome of each strain it releases commercially, Denby said, to ensure there have been no major genetic changes. Their yeasts are all asexual, so they can't reproduce with other yeast in the wild, Li added.
Even if beer drinkers aren't ingesting the yeast — they're merely consuming a product fermented with the yeast — Eisenbeis, of the Non-GMO Project, said his organization "would advocate for stricter regulation, labeling and testing requirements." He expects some consumer backlash, especially in the Bay Area. Currently, the Alcohol and Tobacco Tax and Trade Bureau does not require beers brewed with bioengineered yeast to be labeled as such, as long as the FDA has approved the yeast strains.
But so far, many of the brewers using Berkeley Yeast have been open about it, posting descriptions of the strain on their social media accounts and in beer descriptions on their website. "We're always super transparent," said Alvarado Street's Hill. "I wouldn't be afraid to talk about it with anyone." So far, he said, no customers have objected.
Yeast is mixed together with a sugar-rich solution at Berkeley Yeast's manufacturing facility.
(Berkeley Yeast strains can be used to ferment wine, too, but Bay Area winemakers have been conspicuously hesitant to get on board. Only one local winemaker, Patrick Rue of St. Helena's Erosion Wine Co., is open about using the bioengineered strains — and he happens to also be a beer brewer.)
Other brewers, meanwhile, may be holding off on using Berkeley's strains for reasons that have nothing to do with GMO ethics.
Pacifica Brewing head brewer Kim Sturdavant said he loves the beers he's tasted that were fermented with Tropics, but worries that the passion fruit and guava flavors could become ubiquitous. "If everyone's making beer that smells the same, then I don't want to use it for that reason," he said. "I've had some phenomenal beers made with (Tropics) and I see the potential for innovating. But I want my beer not to taste like everybody else's — I want it to have its own personality."
Still, Sturdavant said he won't rule out using Berkeley Yeast in the future. "I'm hanging back, waiting for other people to experiment for me," he said. "Then I'll make a decision."