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Ram Realty Partners
Ram Realty Services
Ram Development Company
Strategic Acquisition Criteria
Ram is an affiliated group of companies and partnerships that acquire, develop, manage and finance retail and multifamily properties in the Southeast. The group also selectively provides equity and acquires distressed debt. Since 1996 the Company has deployed in excess of $2.5 billion of capital.
Place making requires connecting in a sensitive way to the communities where we build. Occasionally we have the opportunity to reshape entire neighborhoods. More frequently we deal with infill sites, where we create an environment that is distinctive, but at the same time fits with the neighborhood. We take our commitment to community seriously and encourage our employees to do the same.
We believe that we have the power to make places better: to create places where people want to live and shop.
We believe that individuals (not deals or capital) make the difference.
We believe that real estate is fundamentally a local operating business.
We align our interests with the interests of our investors and free ourselves to do what we do best.
We attract, nurture, and retain the best talent by treating people with respect and providing opportunities for growth (experiences and compensation).
We pursue investments only where we can deploy both capital and human resources.
We buy and fix (or develop from the ground up) and operate shopping centers and apartment communities.
We focus on the major markets in the Southeast (Nashville, Charlotte, Raleigh, Atlanta, Orlando, Tampa, and South Florida).
We capitalize investments with Ram-sponsored discretionary private equity funds (and periodically institutional JVs).
Casey Cummings, Chief Executive Officer
Casey Cummings is responsible for new investments, joint venture relationships and the overall strategic plan for the Company. Mr. Cummings serves on the Company's Investment Committee. He joined Ram in 1991 and served in a variety of capacities over the course of his first ten years with the Company, including acquisitions, leasing, development and property management. He was appointed President in 2001 and assumed the additional role of Chief Executive Officer in 2010. Mr. Cummings holds a B.S. degree in Business Administration from Boston University's School of Management. He is a member of PREA and the International Council of Shopping Centers (ICSC), where he is a frequent guest speaker. He is past Chairman of the Board of Directors of the Economic Council and The Pine School, and has previously served on several boards, including the New World Symphony (Miami Beach), Library Foundation (Martin County, FL), and the University of Florida's Bergstrom Center for Real Estate Studies.
Jim Stine, President
Jim Stine provides senior leadership for several Company functions, including asset management and development. He joined Ram in 2010 and serves on the Company's Investment Committee. Prior to joining Ram, Mr. Stine spent 25 years with Stiles Corporation, where he served as Chief Investment Officer, coordinating the firm's real estate development, leasing, asset management and property management departments. Formerly President of Stiles Capital Group, he was responsible for asset management activities, including arranging and executing all project financing, as well as the acquisition and disposition of portfolio assets. Mr. Stine is an active member in the Urban Land Institute (ULI), the National Association of Industrial and Office Properties (NAIOP) and the International Council of Shopping Centers (ICSC). Additionally, he currently serves on the Advisory Board of the University of Florida's Bergstrom Center for Real Estate Studies (UFCRES) and served as chairman 2012-2013. He is a past member of the University of Florida Broward County Regional Development Committee, the Board of Directors of Children's Place at Homesafe as well as Leadership Palm Beach. Mr. Stine is licensed in mortgage brokerage and real estate sales in the State of Florida.
Karen Geller, Executive Vice President & General Counsel
Karen Geller is responsible for legal representation, human resources, risk management, due diligence and oversight of SEC compliance for the Company. Ms. Geller graduated from Florida International University in 1990 with a B.A. degree in Accounting. Prior to attending law school, Ms. Geller worked in the legal field in various capacities, including a role in the City of Miami Beach's Legal Department. In 1998, Ms. Geller graduated from the University of Miami with her J.D. degree. After attending law school, Ms. Geller joined Gunster, Yoakley & Stewart, P.A., specializing in all aspects of commercial real estate acquisitions, dispositions and financing. Ms. Geller joined Ram in 2005 as Vice President and General Counsel. During her time at Gunster, Ms. Geller handled several real estate transactions on behalf of Ram. Ms. Geller is the current corporate sponsorship chair for the American Cancer Society's Making Strides Against Breast Cancer annual event in Martin County, Florida. Ms. Geller is also the senior management liaison overseeing the Company's internal committee for philanthropy.
Jennifer Stull-Wise, Managing Director, Asset Management
Jennifer Stull-Wise provides leadership for all asset management and property management functions for the firm. Ms. Stull-Wise graduated from DePaul University with a B.A. degree in Business Management. She joined Ram in January 2002, after an eight-year career with Lincoln Property Company. During her tenure with Lincoln, she served as management trainer and Regional Property Manager for multifamily communities owned by private investors as well as institutional clients. In that capacity, she began working on Ram-owned assets in 1997. Ms. Stull-Wise's civic involvement includes serving as member of the Executive Board of the Juvenile Diabetes Foundation, a Classroom Ambassador and Communications Chair for Bridges Montessori, a Co-Leader for Girl Scouts of Southeast Florida, a member of the Annual Fundraising Committee for the Boys & Girls Club of Martin County and Executive Board Member for Keep Martin Beautiful. Professional affiliations include membership with the Urban Land Institute (ULI), Institute of Real Estate Management, National Multi Housing Council and various Apartment Associations.
Peter Cummings, Founder & Strategic Advisor
Peter Cummings founded the company in 1978 and remains involved as a strategic advisor and investor.
Mr. Cummings was educated at Yale University (B.A. 1968) and the University of Toronto, where he received an M.A. degree in English Literature in 1969. In 1988, he completed the Owner/President Management Program at the Harvard Business School. In 1978, he founded Southern Realty Group, Inc. (predecessor entity to Ram) for the purpose of developing Martin Downs, a master planned community in south Florida that is now home to over 10,000 residents. In recognition of the success of Martin Downs, the Palm Beach Post honored Mr. Cummings as one of the Palm Beach/Treasure Coast's 100 most influential people. Mr. Cummings currently serves on the Investment Committee of The Fisher Group, the family office for the Max M. Fisher Family in Detroit. He currently serves as a board member and Chairman Emeritus of the Detroit Symphony Orchestra and is active in various aspects of the city's revival. He also serves on the boards of the New York Philharmonic and Chicago-based USA Artists. He served on the board of Comerica Bank from 1997 through 2008. Mr. Cummings recently created The Platform to pursue urban housing and commercial revitalization with a focus on Detroit.
In 1921, Maxwell Cummings leased 440 Saint Catherine Street in Montreal. He signed a $400 per month lease with the intention of opening a shoe store in half the space and subleasing the balance. Maxwell found a restaurateur to take half of the building for $400 per month. He never opened the shoe store and, instead, leased out the balance of the space at a handsome profit. That was the start of Maxwell's real estate career. Over the next several decades, he and his sons Robert and Jack, participated in the development of residential and commercial projects in Canada and the United States. Three generations later, the Company's founder (Peter D. Cummings) developed Martin Downs, transforming 2,600 acres of dairy-farm land in South Florida into a vibrant community, now home to more than 10,000 people. Four generations later, under the leadership of Casey Cummings, Ram and its principals have created several million square feet of commercial and multi-family properties. Almost a century later, Maxwell's commitment to quality and community still shapes the Company.
Ram Realty Advisors
Ram Realty Advisors (RRA) is the manager for all Ram sponsored private equity real estate funds. RRA is a registered investment advisor regulated by the Securities and Exchange Commission. The funds are raised in a closed-end structure with investment from family offices and a variety of institutional investors, including insurance companies, public pension plans, and endowments. The team of Ram real estate professionals provides investment and asset management services to the RRA sponsored Funds. Since 2004, Ram has sponsored four commingled funds – Community Reinvestment Partners, Ram Realty Partners II, Ram Realty Partners III, and Ram Realty Partners IV.
Ram Realty Partners: RRPIII
Ram Realty Partners III LP (RRP III) continues Ram's value-added strategy of acquiring and repositioning retail and multifamily properties in major markets throughout the southeastern United States. RRP III held its final closing in June 2013 with total equity capital commitments of approximately $150 million. A diverse group of new and existing institutional investors and family offices committed to Fund III, including Ram's management team. The Fund was fully invested by the end of 2015.
Ram Realty Partners: RRPII
Ram Realty Partners II LP (RRPII) is a closed-end private equity real estate fund that targeted the acquisition and development of commercial, multifamily, and mixed-use real estate in the southeastern United States. In addition, RRPII pursued the acquisition of surplus corporate real estate and non-performing commercial real estate loans. RRPII held its final closing in August of 2008 with total equity capital commitments of approximately $200 million. The Fund was fully invested by the end of 2011. Its investors included Ram's management team, high net worth family offices, insurance companies, foundations, and pension funds.
Ram Realty Partners (CRP)
Community Reinvestment Partners LP (CRP) is a closed-end private equity real estate fund launched by Ram in 2004. The purpose of the fund was to acquire and improve shopping centers in moderate and low-income census tracts within the State of Florida. In addition to Ram principals, the investors in this fund were commercial banks (which received Community Reinvestment Act credits for their investments) as well as other institutions with a social objective. The fund concluded its investment period in the third quarter of 2007 having acquired over $200 million of qualified property.
Notice: Users should not construe the contents of this website as advertisement. Past performance is not indicative of future results.
Ram Realty Services (RRS) is a full-service property and asset management Company with a southeastern US focus. The Company provides investment, leasing and management services for the Ram portfolio of residential, retail and mixed-use properties. The Company currently employs more than 125 people. Ram is headquartered in Palm Beach Gardens, Florida and has regional offices in Fort Lauderdale, Florida and Charlotte, North Carolina.
Ram Development Company (RDC) is a developer of retail, multifamily and mixed-use projects on behalf of Ram sponsored funds and co-investment vehicles. The Company develops new multifamily communities, both mid-rise and garden style; new multi-tenant shopping centers; and mixed-use urban infill projects. In addition to traditional "ground-up" development, the RDC team assists with the major redevelopment of retail and multi-family properties acquired by the Ram sponsored funds.
Ram is pursuing the acquisition, development, and redevelopment of commercial, multifamily and mixed-use real estate throughout the Southeast. Target markets include South Florida, Tampa, Orlando, Raleigh/Durham, Charlotte, Nashville and Atlanta. Secondary markets, preferably coastal locations or college towns, will also be considered. The strategy includes ground-up development, adaptive re-use, and the acquisition and redevelopment of existing assets. Ram has been continuously acquiring and developing real estate since 1978. Since 1996 the Company has deployed in excess of $2.5 billion of capital.
Investment Strategy: Value-add, core plus, ground-up development and opportunistic; renovation and major redevelopments preferred
Product Type: Neighborhood, Community, Power Centers and Mixed-Use
Target Deal Size: $10,000,000 to $50,000,000 (minimum of 75,000 square feet)
Portfolio Acquisitions: Ram also acquires multiple-property portfolios
Product Type: Garden style or mid-rise communities
Target Deal Size: $10,000,000 to over $50,000,000 (minimum of 100 units)
Strong interest in investing capital with other high quality operators.
Retail and multifamily loans, both non-performing and sub-performing. These loans will be considered only if they are whole loans and first mortgages.
Deal Size: $5 million to $50 million in a single asset, up to $250 million for a portfolio acquisition.
Please direct all acquisitions and development inquiries to acquisitions@ramrealestate.com.
Commercial Florida
Commercial Southeast
Multifamily Florida
Multifamily Southeast
Southwest Coast
©2019 Ram Realty Services All Rights Reserved.
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Focusing in web design, digital marketing, custom applications, and brand and identity, Cynexis is a web design and development firm made up of creative designers and programmers dedicated to building solutions for their clients. Even after the launch of the website happens, Cynexis is there to service the needs of marketing, analytics, and conversion with over 97% of their clients choosing them to grow the site long after it has gone live. With experience in WordPress, Drupal, eCommerce, iPhone apps, and responsive web design, Cynexis offers the tools necessary to build and implement any and all visions held by their clients. Some of their clients include Reserve Employee, IMG Jewelers, and MCV Live.


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You are here Home » Tech » Alcatel-Lucent named Industry Group Leader for Technology Hardware & Equipment sector in the 2014 Dow Jones Sustainability Indices review
Alcatel-Lucent named Industry Group Leader for Technology Hardware & Equipment sector in the 2014 Dow Jones Sustainability Indices review
by Felix Omondi September 19, 2014
written by Felix Omondi September 19, 2014
Recognition for the fourth year running of Alcatel-Lucent and Bell Labs' "consistent definition of standards in eco-innovation in the information and communications technology industry"
Alcatel-Lucent (Euronext Paris and NYSE: ALU) has today been named by S&P Dow Jones Indices, one of the world's largest providers of financial market indices, and RobecoSAM, the investment specialist focused exclusively on sustainability investing, as leader of the Technology Hardware & Equipment industry group in the 2014 Dow Jones Sustainability Indices review with an overall score of 91/100.
In its 2014 report on Alcatel-Lucent, DJSI/Robeco SAM said: "Alcatel-Lucent and its research organization Bell Laboratories have continued to lead the discussion on eco-innovation and communications technology (ICT) industry."
The company continued its active role in defining international standards in ICT energy efficiency and developing a greenhouse gas emissions reporting methodology through collaboration with global institutes such as the WBCSD and the World Resources Institute.
Alcatel-Lucent also leveraged its leadership position to promote digital inclusion and digital literacy among disadvantaged communities throughout the world in particular through the work of Alcatel-Lucent Foundation.
The company also received top industry scores in Code of Conduct/Compliance/Corruption&Bribery as well as in Supply Chain Management.
This is the fourth year in a row, Alcatel-Lucent has been recognized in the Dow Jones Sustainability Indices. The company was named Technology Supersector Leader in 2012 and leader of the CMT Communications Technology Sector in 2011.
Launched in 1999, the Dow Jones Sustainability Indices pioneered tracking of the financial performance of the world's leading sustainability-driven companies. Based on the cooperation of Dow Jones Indexes and RobecoSAM, it provides asset managers with reliable and objective benchmarks to manage sustainability portfolios. In addition to financial performance, the index assesses a comprehensive range of sustainability areas, including environmental, management of human resources, community support and philanthropic.
To read full details of how Alcatel-Lucent performed in the 2014 DJSI review, and how it achieved its status as Industry Group Leader to Technology Hardware & Equipment, please visit this link.
Read DJSI's full press release here.
For more information on Alcatel-Lucent's Sustainability priorities and activities, please visit this link.
Alcatel-LucentDow Jones Sustainability Indices
Felix Omondi
Kenyan citizen with a passion for writing for as long as I can remember. In my spare time, I like to blog and read up on trends that's happening around the world.
Install Java Ubuntu: How To Install JRE in Ubuntu 14.04
Best Cases for iPhone 6 and iPhone 6 Plus

redpajama_set_name: RedPajamaCommonCrawl


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This shoe brand claims to have built the 'sneaker of the future'
By David Yi 2015-11-20 08:43:16 UTC
If you've ever wanted to check the authenticity of your sneaker, well, now you can. Thanks to Greats, the sneaker brand born in Brooklyn that's made waves over the years for its e-commerce-first selling approach, fans of exclusive kicks can now scan their coveted items to check how real they are.
See also: The only packing guide you need for the holiday season
The brand partnered up with technology companies Chronicled, Inc., and Identiv Lab to launch its second collaboration with NFL All-Star Marshawn Lynch and his clothing brand, Beast Mode.
The authentication comes with a smart tag that utilizes low-energy Bluetooth and digital certificates that can be scanned with an iPhone or Android to display the limited-edition number and digital profile assigned to each pair. As a bonus, consumers will also be able to interact with content featuring Lynch and produced by Greats on their phones. They'll simply hold the phone over the chip to access images, video and interviews.
"Our technology presents a unique value proposition a customer base, that demands authenticity for collectible sneakers," said Ryan Orr, Chronicled CEO. "For the first time ever, collectors experience a new way to interact with the sneakers that they love from their mobile device."
The sneaker in question is modeled from one of the brand's more popular styles, the Royale Chukka, and comes in a soft Italian nubuck upper and is lined with Italian black calf leather stitching. The Beast Mode "B" branding will be placed on the tongue with a patent gold leather.
"We had discussed doing a second collaboration with Marshawn before we even dropped the first Greats x Beastmode, but we both wanted to make sure people were even interested in the sneaker," Greats CEO Ryan Babenzien told Mashable.
Greats' first collaboration with Beast Mode sold out under an hour, and its second iteration — with this patented technology — drops on Black Friday.
Topics: e-commerce, Fashion, greats, Lifestyle, menswear, Tech


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Q: Keras - Plot training, validation and test set accuracy I want to plot the output of this simple neural network:
model.compile(loss='binary_crossentropy', optimizer='adam', metrics=['accuracy'])
history = model.fit(x_test, y_test, nb_epoch=10, validation_split=0.2, shuffle=True)

model.test_on_batch(x_test, y_test)
model.metrics_names

I have plotted accuracy and loss of training and validation:
print(history.history.keys())
#  "Accuracy"
plt.plot(history.history['acc'])
plt.plot(history.history['val_acc'])
plt.title('model accuracy')
plt.ylabel('accuracy')
plt.xlabel('epoch')
plt.legend(['train', 'validation'], loc='upper left')
plt.show()
# "Loss"
plt.plot(history.history['loss'])
plt.plot(history.history['val_loss'])
plt.title('model loss')
plt.ylabel('loss')
plt.xlabel('epoch')
plt.legend(['train', 'validation'], loc='upper left')
plt.show()

Now I want to add and plot test set's accuracy from model.test_on_batch(x_test, y_test), but from model.metrics_names I obtain the same value 'acc' utilized for plotting accuracy on training data plt.plot(history.history['acc']). How could I plot test set's accuracy?

A: You could do it this way also ....
regressor.compile(optimizer = 'adam', loss = 'mean_squared_error',metrics=['accuracy'])
earlyStopCallBack = EarlyStopping(monitor='loss', patience=3)
history=regressor.fit(X_train, y_train, validation_data=(X_test, y_test), epochs = EPOCHS, batch_size = BATCHSIZE, callbacks=[earlyStopCallBack])

For the plotting - I like plotly ... so
import plotly.graph_objects as go
from plotly.subplots import make_subplots

# Create figure with secondary y-axis
fig = make_subplots(specs=[[{"secondary_y": True}]])

# Add traces
fig.add_trace(
    go.Scatter( y=history.history['val_loss'], name="val_loss"),
    secondary_y=False,
)

fig.add_trace(
    go.Scatter( y=history.history['loss'], name="loss"),
    secondary_y=False,
)

fig.add_trace(
    go.Scatter( y=history.history['val_accuracy'], name="val accuracy"),
    secondary_y=True,
)

fig.add_trace(
    go.Scatter( y=history.history['accuracy'], name="val accuracy"),
    secondary_y=True,
)

# Add figure title
fig.update_layout(
    title_text="Loss/Accuracy of LSTM Model"
)

# Set x-axis title
fig.update_xaxes(title_text="Epoch")

# Set y-axes titles
fig.update_yaxes(title_text="primary Loss", secondary_y=False)
fig.update_yaxes(title_text="secondary Accuracy", secondary_y=True)

fig.show()

Nothing wrong with either of the proceeding methods. Please note the Plotly graph has two scales , 1 for loss the other for accuracy.

A: Try
pd.DataFrame(history.history).plot(figsize=(8,5))
plt.show()

This builds a graph with the available metrics of the history for all datasets of the history. Example:

A: It is the same because you are training on the test set, not on the train set. Don't do that, just train on the training set:
history = model.fit(x_test, y_test, nb_epoch=10, validation_split=0.2, shuffle=True)

Change into:
history = model.fit(x_train, y_train, nb_epoch=10, validation_split=0.2, shuffle=True)

A: import keras
from matplotlib import pyplot as plt
history = model1.fit(train_x, train_y,validation_split = 0.1, epochs=50, batch_size=4)
plt.plot(history.history['accuracy'])
plt.plot(history.history['val_accuracy'])
plt.title('model accuracy')
plt.ylabel('accuracy')
plt.xlabel('epoch')
plt.legend(['train', 'val'], loc='upper left')
plt.show()

plt.plot(history.history['loss'])
plt.plot(history.history['val_loss'])
plt.title('model loss')
plt.ylabel('loss')
plt.xlabel('epoch')
plt.legend(['train', 'val'], loc='upper left')
plt.show()

A: Validate the model on the test data as shown below and then plot the accuracy and loss
model.compile(loss='binary_crossentropy', optimizer='adam', metrics=['accuracy'])
history = model.fit(X_train, y_train, nb_epoch=10, validation_data=(X_test, y_test), shuffle=True)

A: Use accuracy and val_accuracy while plotting chart

Plotting accuracy in matplotlib :
plt.plot(model.history.history["accuracy"], label="training accuracy")
plt.plot(model.history.history["val_accuracy"], label="validation accuracy")
plt.legend()
plt.show()

Plotting loss in matplotlib :
plt.plot(model.history.history["loss"], label="training loss")
plt.plot(model.history.history["val_loss"], label="validation loss")
plt.legend()
plt.show()

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redpajama_set_name: RedPajamaGithub


What does the start of football season mean to you? Tailgating with friends and family, or maybe cheering on the home team? As physical therapists, we love a good game just like the next person, but as the weather cools down and the weekends fill with football, we see a significant rise in patients with concussions due to sports injuries.
A concussion is a brain injury that occurs when the brain is shaken inside the skull, causing changes in the brain's chemistry and energy supply. A concussion might happen as a result of a direct blow to the head or an indirect force, such as whiplash. You might or might not lose consciousness.
There are many symptoms related to concussion, and they can affect your physical, emotional, and mental well-being. Look for physical signs of headache, dizziness, nausea/vomiting, double or blurred vision, and sensitivity to light and sound. Cognitive (thinking) symptoms may include difficulty with short-term or long-term memory, confusion, or difficulty with concentration. Emotional symptoms may include irritability, anxiety, mood swings, and aggression. If you are experiencing any combination of these symptoms, call your doctor or your school's athletic trainer immediately.
Because of the variety of possible symptoms that can interfere with day-to-day activities, seek coordinated medical care immediately. Your health care professionals may include a physician with expertise in concussion, a neuropsychologist, and a vestibular physical therapist (a physical therapist who specializes in treating balance disorders and dizziness). We have vestibular therapists at each of our five clinics located in the greater Grand Rapids and Muskegon areas.
Physical therapists can evaluate and treat many problems related to concussion. Because no 2 concussions are the same, the physical therapist's examination is essential to assess your individual symptoms and limitations. The physical therapist then designs a treatment program especially for you.
If you have dizziness or difficulty with your balance following a concussion, vestibular physical therapy may help. The vestibular system, which includes the inner ear and its connections with the brain, is responsible for sensing head movement, keeping your eyes focused when you move your head, and helping you keep your balance. As qualified vestibular physical therapists, we can provide specific exercises and training to reduce or stop dizziness and improve balance and stability.
We will examine you for neck problems following a concussion. Neck injuries can cause headaches and contribute to some forms of dizziness. We can also assess your back for possible injuries to your spine.
As symptoms due to concussion improve, we will help you resume physical activity gradually, to avoid overloading the brain and nervous system that have been compromised by concussion.
At Northern Physical Therapy we are trained in vestibular physical therapy, and we staff the athletic trainers for both the Coopersville and Cedar Springs school districts. There, our trainers work closely with students at all sporting activities to aid in any type of injury. Our clinics in Grant, Sparta, and Wayland are also equipped to answer any questions you may have on concussion or concussion management as well. Email our athletic trainers, or call our office at 616.997.6172 to discuss concussion management further.


The dental exam is critical to your ongoing oral health—and only your dentist can perform this.
The exam consists, in part, of the dentist looking inside your mouth. In the past, you may not have ever realized an exam was taking place. Perhaps you thought the dentist was checking the work the hygienist had just completed.
The dental exam can catch problems early—before you see or feel them—when they are much easier and less expensive to treat.
a complete medical history so the dentist knows about any health conditions that may affect the success of dental treatments or procedures or that may be associated with oral health problems.
dental x-rays, if necessary. These can show such problems as cavities under existing fillings, fractures, impacted wisdom teeth, decay under your gum line and bone loss caused by gum disease.
Your dentist may explain what's happening during the exam and give you a summary of the findings. If not, be sure to ask. As patient, you are a full partner in your oral health care.
any new medical conditions you've been diagnosed with since your last visit, such as diabetes or AIDS, even if they don't seem pertinent. Your dentist needs to know to properly manage your treatment and prevention program.


There are currently 29 Emmaus communities across the UK, providing a home and meaningful work to more than 750 formerly homeless people. Emmaus Potteries will be the 30th UK community. In addition to this, there are four emerging groups, working hard to establish new communities. Together, we are working towards a target of being able to offer 1,000 companion places by 2020.
I signed a petition against Emmaus, not knowing that one day I'd end up there."


text:
Q: Is this proof false, or I'm I wrong? I have reviewed a paper and it appears that the proof is false to me, because of a line. Here is the line which happens for all $n\in \mathbb{N},$
\begin{align} [1-\alpha_{n}(k+1)]d^{2}(x_{n+1},u) &\leq [1+\alpha_{n}(1-2k)]d^{2}(x_{n},u)+\alpha_n^2d^2(x_n,u)\\&\;\;\;\;+\alpha_n [d^{2}(f(u),u)-d^{2}(f(u),x_{n+1})] \end{align}
Then, for all $n\in \mathbb{N},$
\begin{align} [1-\alpha_{n}(k+1)]d^{2}(x_{n+1},u) &\leq
\left[\frac{1+\alpha_{n}(1-2k)}{1-\alpha_{n}(k+1)}\right]  d^{2}(x_{n},u)+\left[\frac{\alpha_n^2}{1-\alpha_{n}(k+1)}\right]
   d^2(x_n,u)\\&\;\;\;\;+\left[\frac{\alpha_n}{1-\alpha_{n}(k+1)}\right][d^{2}(f(u),u)-d^{2}(f(u),x_{n+1})]\\&\leq
\left[1-\frac{\alpha_{n}(1-2k)}{1-\alpha_{n}(k+1)}\right]  d^{2}(x_{n},u)\\&\;\;\;\;+\left[\frac{\alpha_{n}(1-2k)}{1-\alpha_{n}(k+1)}\right]\left[\frac{\alpha_{n}L}{1-2k}+\frac{d^{2}(f(u),u)-d^{2}(f(u),x_{n+1})}{1-2k}    \right]\end{align}
My problems is "Can we divide by $1-\alpha_{n}(k+1)?$". By simple calculations,$-\frac{1}{2}<1-\alpha_{n}(k+1)<1$ for all $n\in \mathbb{N}$, so it can be zero. However, let me state the conditions on $\alpha_n$ and $k;$

*

*$\alpha_n\in (0,1)$ for all $n\in\mathbb{N};$

*$\alpha_n\to 0,$ as $n\to\infty;$

*$\sum^{\infty}_{n=1}\alpha_n=\infty;$

*$k\in\left[0,\frac{1}{2}\right).$
These can be found in (Eskandani and Raeisi, page 15). If it only happens for a large $n$, then $\{\gamma_n\}_{n\in\mathbb{N}}\not\subset (0,1)$ towards the end of the page. Can I conclude that this paper is false or I'm I wrong?

A: $$\alpha_n \to 0$$
Hence for large $n$, we have $\alpha_n< \frac1{k+1}$ which is equivalent to
$$1-\alpha_n (k+1)>0$$


text:
Miami Dolphins All-Time Top 100 Players: 7. Bob Kuechenberg
Bob Kuechenberg was a four-time Super Bowl starter, a two-time All-NFL First Teamer, a six-time Pro Bowler, and an eight-time Hall of Fame finalist. He opened holes in the defense for 14 Miami seasons.
By Kevin Kraczkowski May 19, 2012, 8:00am EDT
Share All sharing options for: Miami Dolphins All-Time Top 100 Players: 7. Bob Kuechenberg
Kuechenberg was a 6'2" offensive lineman from Gary, IN. He played four seasons in college with the Notre Dame Fightning Irish, graduating with the Class of 1969. The Philadelphia Eagles selected him in the fourth round of the 1969 AFL/NFL Entry Draft with the 80th overall pick. He failed to make the team out of training camp, also missing the cut with the Atlanta Falcons. He would spend the 1969 season with the Minor League Chicago Owls. Miami picked him up prior to the 1970 season, where Kuechenberg wore the number 67.
As a rookie in 1970, Kuechenberg started five of Miami's 14 games at left guard. Miami's rushing offense powered to an AFC best 2,082 yards and 14 touchdowns as Miami's three-headed running back attack each gained over 400 yards. Miami made the playoffs for the first time in Dolphin's history by posting a franchise best 10-4 record on the season.
In 1971, Kuechenberg joined the starting offense full-time, starting every game at left guard. Larry Csonka enjoyed his first 1,000 yard season, finishing with 1,051 and seven touchdowns. Miami finished fourth in the NFL with 20 passing touchdowns along with an NFL best 10 interceptions. The rushing game also led the league, with 2,429 ground yards. The pass protection enabled Dolphins quarterback Bob Griese to lead the AFC with a 90.9 passer rating. Miami won eight straight games at one point, finishing at 10-3-1. They advanced to a Super Bowl VI appointment with the Dallas Cowboys by first defeating the Kansas City Chiefs, 27-24 in double overtime and then by shutting out the defending NFL champion Baltimore Colts 21-0 in the AFC Championship game. Miami lost the Super Bowl, 24-3. Fortunately they were just getting started.
1972 would see Kuechenberg again start every Miami game at left guard. Both Larry Csonka and Mercury Morris gained over 1,000 yards that season, leading Miami to an NFL leading 2,960 ground yards. Miami's pass protection allowed an AFC second lowest 21 sacks on the campaign as the team cruised to a 14-0 record. The Dolphins then reeled off three playoff victories, culminating in a Super Bowl VII victory over the Washington Redskins, 14-7.
Kuechenberg continued at left guard for Miami in 1973, starting each of the 13 games in which he appeared. Miami again could boast a fierce rushing attack, with 2,521 yards on the ground ranking third in the NFL. 5.3 yards per offensive play also led the NFL. Aided by the NFL's best pass protection (with 13 sacks allowed), Bob Griese threw eight interceptions on the season, posting a 12-1 record as a starter and helping Miami to an AFC best 12 interceptions thrown (Earl Morrall threw four in 38 pass attempts). Miami posted a 12-2 record, at one point winning ten games in a row. They gained 703 ground yards in their three postseason matchups, eventually beating the Minnesota Vikings, 24-7 in Super Bowl VIII. (See video, Kuechenberg's part starts at 1:40).
Super Stars of the Super Bowl (1986), Part 2 (via cjs3872)
In 1974, Kuechenberg started every game at left guard, making his first ever Pro Bowl appearance following the season, one of 10 Dolphins to make the team. Miami posted an 11-3 record through the season, winning the AFC East. They lost their first playoff game in three seasons to the Oakland Raiders in the "Sea of Hands," 28-26. Miami's offense scored an NFL third highest 327 points, leading the league with 25 rushing touchdowns.
1975 would see Miami post a 10-4 record, missing the playoffs for the first time in six seasons. Kuechenberg continued to start every game at left guard. He would also be invited to his second consecutive Pro Bowl, along with two other Dolphins. For the first time, he was named as part of the All-NFL First Team. The team finished sixth in the NFL with 357 points scored. The rushing attack placed fourth in the NFL with 2,500 yards and 26 touchdowns.
Kuechenberg missed four games due to injury in 1976, starting the remaining 10. Coincidentally, Miami posted their first losing record in seven seasons (and last losing season for 11 more), finishing 6-8. Miami's offense finished in the middle of the pack in most offensive categories.
1977 would see Kuechenberg return to the Pro Bowl (one of four Dolphins), his third, and the Dolphins returned to relevance with a 10-4 record. They tied the Baltimore Colts for the division lead, but missed the playoffs on a tiebreaker. Miami's offense was third in the NFL with 313 points scored. The passing game accounted for an AFC high 22 touchdowns on the campaign. Miami's quarterbacking led the league with an 86.0 rating (Bob Griese had a 87.8).
The NFL expanded the season to 16 games in 1978, Kuechenberg started 15 of the 16 games that he appeared in at left guard and left tackle, as needed. For his play, he was selected to appear in his second consecutive Pro Bowl, one of five Dolphins, and fourth overall. For the second time, he was also selected as a member of the All-NFL First Team. Miami earned a wildcard with an 11-5 record. The offense scored an NFL second best 372 points on the season. Miami also placed second in the NFL in three passing metrics, a 59.6% completion rate, a 6.3% touchdown rate, and a QBR of 82.9.
In 1979, Kuechenberg started all 16 games for Miami at left tackle. The Dolphins took the AFC East title with a 10-6 record. As always, Miami's pass protection was among the best in the NFL, rating in the top quarter of the league with 29 total sacks allowed.
1980 would see Kuechenberg moved back to the left guard position for 16 more starts. After starting the season 3-1, Miami lost their next game, and for the rest of the season stayed withing a game of .500. Their 8-8 record was indicative of a sluggish offense, rated 24th in the NFL in scoring with only 266 points.
In 1981, Kuechenberg appeared in every Miami game, starting nine at left guard. Miami's 11-4-1 record won the AFC East crown by a game over the New York Jets. Miami's offense rated in the middle third of the NFL in almost every category. The only statistic the Dolphins finished in the NFL's top third was rushing touchdowns, with 18.
1982 was shortened to nine games to cope with the player's strike. Kuechenberg started each of them at left guard, returning to the Pro Bowl for the fifth time at the age of 35. Miami's passing offense threw for eight touchdowns against 13 interceptions. The rushing game finished third in the NFL with 1,344 yards gained on a league leading 333 carries. The defense carried the day, as Miami earned a two seed in the expanded 16 team playoff field. Miami outscored their first three opponents with a combined 76-26 score, earning the team their first Super Bowl berth in nine seasons (Kuechenberg's fourth appearance).
In Kuechenberg's final NFL season, 1983, he was honored with his sixth Pro Bowl invitation, appearing in every Dolphin's game and starting 15 at left guard. Miami won the AFC East with a 12-4 record. Miami ranked seventh in the NFL with 389 points scored. The pass protection was the NFL's best, with 23 allowed all season. This allowed Miami's quarterbacking trio of David Woodley, Don Strock, and Dan Marino to combine for an AFC low 11 interceptions.
In 14 seasons on Miami's offensive line, Kuechenberg started 176 games, appearing in 196 overall. He was a six-time Pro Bowler, and later an eight time Hall of Fame finalist (from 2002 through 2009). He was inducted into the Dolphins Ring of Honor in 1995.


text:
Article V: Congress, Conventions, and Constitutional Amendments
Report The Constitution
February 10, 2011 10 min read Download Report
Authors: Matthew Spalding and Trent England
Advocates of a "living" Constitution argue that the Founders' Constitution is hopelessly outdated and unable to grow and adapt to the times. The amendment procedure detailed in Article V belies such claims. As Madison explains in The Federalist, the amendment procedure allows subsequent generations to correct errors and make whatever "useful alterations will be suggested by experience." Yet at the same time, the difficulty of constitutional amendment prevents the Constitution from being deprived "of that veneration, which time bestows on everything, and without which the wisest and freest governments would not possess the requisite stability." By design, the amendment process requires extensive deliberation and ensures that amendments are the settled opinion of the American people. To date, as was expected, every amendment to the Constitution has been proposed through Congress before being ratified by the states. Although there have been several attempts to call an Article V amending convention—some of which have driven Congress to act—the extensive unknowns and significant risks involved in that uncharted option make congressional proposal of amendments abundantly more prudent and the most viable method to achieve serious constitutional reform. This essay is adapted from The Heritage Guide to the Constitution for a new series providing constitutional guidance for lawmakers.
"The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress...."
— Article V
The process of amendment developed with the emergence of written constitutions that established popular government. The charters granted by William Penn in 1682 and 1683 provided for amending, as did eight of the state constitutions in effect in 1787. Three state constitutions provided for amendment through the legislature, and the other five gave the power to specially elected conventions.
The Articles of Confederation provided for amendments to be proposed by Congress and ratified by the unanimous vote of all thirteen state legislatures. This proved to be a major flaw in the Articles, as it created an insuperable obstacle to constitutional reform. The amendment process in the Constitution, as James Madison explained in The Federalist No. 43, was meant to establish a balance between the excesses of constant change and inflexibility: "It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults."
In his Commentaries on the Constitution of the United States, Justice Joseph Story wrote that a government that provides
no means of change, but assumes to be fixed and unalterable, must, after a while, become wholly unsuited to the circumstances of the nation; and it will either degenerate into a despotism, or by the pressure of its inequalities bring on a revolution.... The great principle to be sought is to make the changes practicable, but not too easy; to secure due deliberation, and caution; and to follow experience, rather than to open a way for experiments, suggested by mere speculation or theory.
In its final form, Article V creates two ways to propose amendments to the Constitution: through Congress or by a special convention called by the states for the purpose of proposing amendments. In either case, the proposed amendment or amendments must then be ratified by the states, either (as determined by Congress) by state legislatures or by ratifying conventions in the states.
The Virginia Plan introduced at the start of the Constitutional Convention called for amendment "whensoever it shall seem necessary." The Committee of Detail proposed a process whereby Congress would call for a constitutional convention on the request of two-thirds of the state legislatures. George Mason feared this method was insufficient to protect the states, while Alexander Hamilton thought that Congress should be able to propose amendments independent of the states. Madison (as recorded in his Notes of Debates in the Federal Convention of 1787) thought the vagueness of an amendment convention sufficiently problematic to reject the provision: "How was a Convention to be formed? By what rule decide? What the force of its acts?" After further debate, the delegates passed language proposed by Madison (and seconded by Alexander Hamilton) that the national legislature shall propose amendments when two-thirds of each House deems it necessary, or on the application of two-thirds of the state legislatures. Proposed amendments were to be ratified by three-fourths of the states in their legislatures or by state convention.
The Constitutional Convention made two specific exceptions to the Amendments Clause, concerning the slave trade (Article V, Clause 2) and equal state suffrage in the Senate (Article V, Clause 2), but defeated a motion to prevent amendments that affected internal police powers in the states.
Just before the end of the Convention, George Mason objected that the amendment proposal would allow Congress to block as well as propose amendments, and the method was changed again to require Congress to call a convention to propose amendments on the application of two-thirds of the states. Madison did not see why Congress would not be equally bound by two-thirds of the states directly proposing amendments as opposed to the same number calling for an amendments convention, especially when the proposed Article V convention process left so many unresolved questions. In the end, Madison did not object to including an amendments convention "except only that difficulties might arise as to the form, the quorum etc. which in constitutional regulations ought to be as much as possible avoided."
The careful consideration of the amending power demonstrates that the Framers would have been astonished by more recent theories claiming the right of the Supreme Court to superintend a "living" or "evolving" Constitution outside of the amendment process. More significantly, the double supermajority requirements—two-thirds of both Houses of Congress and three-quarters of the states—create extensive deliberation and stability in the amendment process and restrain factions and special interests. It helps keep the Constitution as a "constitution," and not an assemblage of legislative enactments. Most importantly, it also roots the amending process in the Founders' unique concept of structural federalism based on the dual sovereignty of the state and national governments.
The advantage of the Amendments Clause was immediately apparent. The lack of a bill of rights—the Convention had considered and rejected this option—became a rallying cry during the ratification debate. Partly to head off an attempt to call for another general convention or an open-ended amendments convention, but mostly to legitimize the Constitution among patriots who were Anti-Federalists, the advocates of the Constitution (led by Madison) agreed to add amendments in the first session of Congress. North Carolina and Rhode Island acceded to the Constitution, and further disagreements were cabined within the constitutional structure.
Madison had wanted the amendments that became the Bill of Rights to be interwoven into the relevant sections of the Constitution. More for stylistic rather than substantive reasons, though, Congress proposed (and set the precedent for) amendments appended separately at the end of the document. Some have argued that this method makes amendments more susceptible to an activist interpretation than they would be otherwise.
As Madison predicted, the difficulties inherent in an Article V amendments convention have prevented its use, though some state applications (depending on how those applications are written and counted, an additional controversy in the Article V convention process) have come within one or two states of the requisite two-thirds. Precisely because of the potential chaos of the process, the very threat of an amendments convention can be used to pressure Congress to act rather than risk an amendments convention. The movement favoring direct election of Senators was just one state away from an amending convention when Congress proposed the Seventeenth Amendment in 1911. Most recently, in the 1980s, state applications for a convention to propose a balanced budget amendment led Congress to vote on such an amendment and pass the Gramm-Rudman-Hollings Act (later declared unconstitutional in part by the Supreme Court) requiring the federal budget to be balanced.
There have been hundreds of applications for an amending convention over the years from virtually every state. Because no amending convention has ever occurred, an important question is whether such a convention can be limited in scope, either to a particular proposal or within a particular subject. While most calls for amending conventions in the nineteenth century were general, the modern trend is to call (and thus count applications) for conventions limited to considering a single, specific amendment. Some scholars maintain that such attempts violate the very mechanism created by Article V: the text says that upon application of the states Congress "shall call a Convention for proposing Amendments," not for confirming a particular amendment already written, approved, and proposed by state legislatures (which would effectively turn the convention for proposing amendments into a ratifying convention). Indeed, it is not at all clear as a matter of constitutional construction (and doubtful in principle) that the power of two-thirds of the states to issue applications for a convention restricts, supersedes, or overrides the power of all the states assembled in that convention to propose amendments to the Constitution. Other questions include the many practical aspects of how an amending convention would operate and whether any aspects of such a convention (including going beyond its instructions) would be subject to judicial review.
The Federalist Papers, unfortunately, offer no guidance on this matter. Madison refers to amendment conventions in Federalist No. 43 only in general terms, noting that Article V "equally enables the general and the State governments to originate the amendment of errors." And in Federalist No. 85, while Hamilton discusses how Congress cannot limit the scope of an Article V convention, he says nothing as to whether states can or cannot do so.
The requirement that amendments proposed by such a convention must be ratified by three-fourths of the states is a significant limit on the process and likely prevents a true "runaway" convention from fundamentally altering the Constitution. Serious scholars will undoubtedly continue to debate the historical record and speculate about the possibility of an amendments convention under Article V. Nevertheless, the lack of precedent, extensive unknowns, and considerable risks of an Article V amendments convention should bring sober pause to advocates of legitimate constitutional reform contemplating this avenue.
While a valid method created and available under the Constitution, "a Convention for proposing Amendments" has never been viewed as just another tool for reform but has become ever more so an ultimate option to be deployed only in extremis for the sake of maintaining the Constitution. Hence, the only time Madison pointed to an amendments convention was during the Nullification Crisis of 1832 as a last-ditch effort to prevent the wholly unacceptable and unconstitutional alternative of nullification and secession that then threatened the continued existence of the United States. Likewise, when Abraham Lincoln looked to constitutional reforms to resolve disputed questions in the midst of the Civil War, he noted that "under existing circumstances" the convention mode "seems preferable" precisely because it "allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others, not especially chosen for the purpose." Yet when the immediate crisis was over, Lincoln strongly advocated what became the Thirteenth Amendment by congressional proposal and did not pursue an amending convention, despite the amendment's initial failure in the House of Representatives. It should be noted that in both cases an amendments convention was understood to be free to propose whatever amendments thought necessary to address the problems at issue.
Much greater certainty—not to mention extensive historical experience and proven political viability—exists as to the power of Congress to propose amendments. Since 1789, well over 5,000 bills proposing to amend the Constitution have been introduced in Congress; thirty-three amendments have been sent to the states for ratification. Of those sent to the states, two have been defeated, four are still pending, and twenty-seven have been ratified. Because of the national distribution of representation in Congress, most amendment proposals are defeated by a lack of general support and those amendments that are proposed to the states by Congress are generally likely to be ratified.
In a challenge to the Eleventh Amendment, the Supreme Court waved aside the suggestion that amendments proposed by Congress must be submitted to the President according to the Presentment Clause (Article I, Section 7, Clause 2). Hollingsworth v. Virginia (1798). In the National Prohibition Cases (1920), the Court held that the "two-thirds of both Houses" requirement applies to a present quorum, not the total membership of each body. One year later, in Dillon v. Gloss (1921), the Court allowed Congress, when proposing an amendment, to set a reasonable time limit for ratification by the states.
Since 1924, no amendment has been proposed without a ratification time limit, although the Twenty-seventh Amendment, proposed by Madison in the First Congress more than two hundred years ago, was finally ratified in 1992. Regardless of how an amendment is proposed, Article V gives Congress authority to direct the mode of ratification. United States v. Sprague (1931). Of the ratified amendments, all but the Twenty-first Amendment, which was ratified by state conventions, have been ratified by state legislatures. In Hawke v. Smith (1920), the Court struck down an attempt by Ohio to make that state's ratification of constitutional amendments subject to a vote of the people, holding that where Article V gives authority to state legislatures, these bodies are exercising a federal function.
Although some scholars have asserted that certain kinds of constitutional amendments might be "unconstitutional," actual substantive challenges to amendments have so far been unsuccessful. National Prohibition Cases (1920); Leser v. Garnett (1922). The Supreme Court's consideration of procedural challenges thus far does not extend beyond the 1939 decision of Coleman v. Miller, dealing with Kansas's ratification of a child labor amendment. The Court split on whether state ratification disputes are nonjusticiable political questions, but then held that Congress, "in controlling the promulgation of the adoption of constitutional amendment[s]," should have final authority over ratification controversies.
In the end, the Framers believed that the amendment process would protect the Constitution from undue change at the same time that it would strengthen the authority of the Constitution with the people by allowing its deliberate reform while elevating it above immediate political passions. "The basis of our political systems is the right of the people to make and to alter their Constitutions of Government," George Washington wrote in his Farewell Address of 1796. "But the Constitution which at any time exists, 'till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all."
Matthew Spalding, Ph.D., is the Director of the B. Kenneth Simon Center for American Studies at The Heritage Foundation and the Executive Editor of The Heritage Guide to the Constitution, in which a version of this essay was originally published. Trent England is the director of constitutional studies at the Evergreen Freedom Foundation.
Matthew Spalding
Vice President of American Studies
Trent England
Senior Policy Analyst on International Economics
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Water News
Ways to kill a wetland
Written by Franz Fuls	Monday, 13 January 2014 20:33
In late June 2013, Exxaro, one of South Africa's largest coal-mining companies with assets of R41.6-billion, commenced opencast mining at Weltevreden pan close to Delmas, in the mineral-rich province of Mpumalanga.
Or rather, re-commenced.
Report by Franz Fuls
p style="text-align: left;">Just over a year before, in early June 2012, the national Department of Water Affairs had ordered the company to cease mining activities because it was operating without a water use licence at Weltevreden Farm – a prerequisite for obtaining legal mining permissions.
Though the facts remained unchanged, Exxaro successfully litigated the issue in the North Gauteng High Court, on the basis that the disbandment of the Water Tribunal left them without a legal channel of appeal, as required in the National Water Act.
The company denied that mining the wetland constituted an illegal environmental activity, but investigations show that Exxaro remained in violation of the requirements of the Act by mining without a valid water use licence at Weltevreden – a criminal offence, according to the legislation.
The wetland, about eight kilometres away from Delmas on the Mpumalanga Highveld, is a critical resource for agriculture and water birds.
"This was once productive dairy country, filled with many small producers," said farmer Peet Bezuidenhout. "In those days, the mines did not know or care about the coal reserves below.
"Farmers sustainably relied on the natural springs, wetlands and pans for water for their livestock. The pan at Weltevreden farm was one of these important water sources."
Laying dry the wetlands
Exploration in the area began in 1989 at nearby Leeuwpan. This wetland was heavily polluted when the first open cast mine was developed there in 1992.
Mining rights changed hands as the result of various mergers and acquisitions involving companies like Iscor, Kumba Resources and Eyesizwe Coal. In 2006, Exxaro emerged as the rights-holder of the mine – with 143-million tonnes of coal.
The company, which employs about 500 people at Leeuwpan and produces an average of three million tonnes of coal a year there, expanded its coal-mining operation on to neighbouring farms Kenbar, Moabsvelden, Witklip and Wolvenfontein.
Towards the end of 2011 local farmers noticed that Exxaro had dug a trench around the previously unspoilt Weltevreden Pan. The strategy, well known for laying dry a wetland in preparation for mining, led to the farmers laying official complaints with the Department of Water Affairs.
Building a trench around the Weltevreden Pan effectively prevents rainwater from entering the wetland, in preparation for mining activities. To do so, Exxaro required a water use licence from the department, as well as specific permission to "impede the flow of water" from a watercourse, under section 21c of the National Water Act. The same permissions would be required for actively mining inside the pan.
A water use licence should identify exact coordinates of the use of water from water resources, water storage facilities and changing the course of rivers, altering the bed or banks of rivers, wetlands, mine water dams, etc.
Failure to do so potentially results in criminal prosecution for unlawful water use, including fines or imprisonment of up to 10 years. A court may also order compensation for affected people, awarding damages and remedies.
Exxaro's water use licence, a copy of which we have seen, excludes the relevant coordinates. (view here)
Mapping mining rights. The red area shows mining rights granted, the yellow area shows the area being mined without a licence
Mining legal trenches
Department officials performed a site inspection on May 16 2012 and issued a "stop order" in June 2012 – a directive demanding proof of authorisation to mine the pan, failing which mining activities had to cease. The order cited "unlawful mining activity in a watercourse on portion 7 of Weltevreden", citing coordinates "S 26°07'53.3 E 28°46'0.1"
The directive stated, among others, that Exxaro must stop construction (preparation for mining) within the 100-year floodline and within a 500m radius of the boundary of the wetland.
Exxaro spokesperson Hilton Atkinson challenged the specific allegations, stating: "Exxaro reaffirms its contention that it has the authorisations to mine in the Weltevreden wetland area as part of the Leeuwpan mine's water use licence."
Linda Page, the department's media officer, stated: "[The department] does not condone any activities that compromise our water resources [and] is bound to take action against any company or individual contravening the conditions of their licence and/or the provisions of the National Water Act." She said the department was in the process of investigating the complaints.
Exxaro appealed to the Water Tribunal, a body established by the National Water Act and appointed by Minister of Water Affairs Edna Molewa.
In August 2012 the Water Tribunal was disbanded and Molewa failed to appoint new members to the tribunal, leaving the channel for appeal in a state of limbo. Page said the department had advertised for nominations, including that of the chairperson, to begin the process of re-appointing the tribunal.
The lack of a Water Tribunal, central to appeals as legislated in the NWA, led the DWA to pursue mediation instead.
This was rejected by Exxaro.
"Exxaro has been advised by its lawyers that this [mediation] directive does also not comply with the law and may result in further delays," said Atkinson.
In response to inquiries from the Democratic Alliance in the national parliamentary assembly in August 2012, Molewa said mining at the Weltevreden pan had ceased and all equipment had been removed. She confirmed that the Department of Water Affairs had not authorised mining of the Weltevreden pan and wetland.
One month later, on September 28, our investigations showed the mining company had started up operations at the pan. Soon after we sent images to a local newspaper, which forwarded them to the department, Exxaro once again ceased operations.
The company opted for litigation, proceeding with an urgent application at the High Court in late November 2012, with the intention of setting aside the "stop order" directive. The company said the department had "acted outside the law by suspending the operations of the Water Tribunal… Exxaro has no independent body to appeal the directive issued against its Weltevreden operations."
Exxaro won the case and the directive was set aside.
In spite of this success, the company did not immediately advance further into Weltevreden pan.
The department applied for leave to appeal the court ruling, and the case was set down for March 19 2013. But at the hearing the department withdrew its application.
On June 24 Exxaro recommenced mining operations at Weltevreden. Atkinson commented: "Exxaro's stance is that it has the required water licence authorisation to mine the area. The mining is authorised."
Future waste lands
By its own admission, Exxaro agrees that opencast mining at Weltevreden and Moabsvelden (Block OWM) will destroy the wetlands.
On its website, under a section titled "Sustainability", the company says in the integrated water and waste management plan that accompanied its licence application, Exxaro specifically stated that: "Probable impacts on the wetland within the boundaries of Block OWM include the total removal of the soil and vegetation, and thus the permanent destruction of the existing wetlands and the associated habitats for fauna and flora. If the wetlands are removed, the likelihood of successfully rehabilitating and restoring the wetlands subsequent to mining is very low; thus, the impact would be permanent.
"Destruction of the wetlands will take place due to opencast mining activities."
Exxaro will comply with the rehabilitation conditions set out in the licence, the statement reads: "Exxaro is required to embark on a systematic long-term programme to restore natural watercourses to environmentally acceptable and sustainable conditions after conclusion of the mining operations."
Multiple attempts were made by Oxpeckers to confirm that Exxaro does indeed have a valid water use licence for Weltevreden, including official requests under the Promotion of Access to Information Act. But the company failed to provide evidence that the farm and wetland called Weltevreden are accounted for in the Leeuwpan water use licence that Exxaro has produced as proof of their legal occupation and mining at Weltevreden.
And, contrary to the company's statements, the directive by the Department of Water Affairs' compliance monitoring and enforcement division still stands that Exxaro's operations at Weltervreden pan are not in legal accordance.
Environmental organisation groundWorks said it appeared Exxaro was destroying a wetland in defiance of South Africa's legislation. "The wilful destruction of a wetland displays a level of moral turpitude which is all too typical of the mining industry.
"Exxaro clearly believes that if you pay enough lawyers, you get legal impunity. It is disturbing that the courts seem predisposed to let them get away with it."
Back to square one?
In late November 2013 Beeld newspaper reported that High Court judges Niel Tuchten and Margaret Victor had directed the Water Tribunal to review the complaints of three non-governmental organisations about non-compliance with the National Water Act by three mining companies – including Exxaro.
The Escarpment Environmental Protection Group, the Wonderfontein Community Association and the Langkloof Environmental Committee [affiliates of the Federation for a Sustainable Environment] brought a case against the Department of Water Affairs and the three mining companies.
To comply with the judgment, the department will have to reinstate the Water Tribunal. Exxaro will then have the opportunity to appeal to the Water Tribunal, and the "stop order" directive against mining operations at Weltevreden may again become enforceable.
Franz Fuls is a researcher collaborating with the Centre for Civil Society, a partner of Environmental Justice Organizations, Liabilities and Trade, based at the University of KwaZulu-Natal. Research for this article was funded by the Forum for African Investigative Reporters
More in this category: « Presentations:Greater Pilansberg Water Forum Meeting	Groen Skerpioene bekyk myns weens besoedling »
More water news
The Federation for a Sustainable Environment (FSE), have attended the Minister of Human Settlement, Water and Sanitation's Budget Vote and the Stakeholder Engagement on the 16th of July, 2019. The Stakeholder Engagement included presentations by the CEO's of the two established CMA's (which were referred to as "Water Boards"); the Strategic Water Partners Network (SWPN)*; National Business Initiative; the World Bank and WISA. Regrettably, other stakeholders such as NGOs were not given the opportunity to engage. *(The Partners in the SWPN are the South African Ministry of Water and Sanitation, World Bank, IFC, WEF, SAB, Coca Cola, Anglo American, Sasol, Nestle, Eskom, South 32, Exxaro, SASA, Distell and Coca Cola Bottling Association.) Allow me please to briefly report on the Minister's Budget presentation. Please click here for the full report. From a non-political and non-racial NGO's perspective, it was hoped that the Minister's and the opposition parties' presentations would have transcended political and racial barriers. Regrettably, it did not. The Minister acknowledged inter alia: The financial crisis/financial mismanagement ("huge financial problems") The irregular expenditure The inequality in the distribution of water Lack of capacity (limited technical staff) particularly in the municipalities (the compulsory training of municipalities) The disproportionate percentage of water used for agriculture (61%) with 95% of water in the hands of white people The aging infrastructure without the necessary skills and support at the right time or the right place to manage our problems on time Vandalism and theft of infrastructure Non-payment for services The lack of skills which necessitated the appointment and monies spent on over-priced consultants Effluent in rivers Challenges with coordination between the three tiers for the provision of water Non-compliance by the mining industry with its water license conditions The proposed interventions are inter alia: To engage Treasury on the significant budget shortfalls of more than R2 billion affecting key projects such as the Emfuleni intervention project and Mzimvubu Water Project. The Departments of Finance, Human Settlements, Water and Sanitation must put measures in place to top slice the municipal grants to service the debt owed to the Department and its entities before the grants are paid to Municipalities. Municipal employees must be required, as is the case with other public servants, to undergo compulsory training so that they are equipped to manage our resources. Review of the tendering process.We will review our tendering process. Revival of the DWS' construction unit who will, together with members of the construction industry, establish maintenance task teams and attend to much needed maintenance intervention, especially in the water treatment and recycling stock. Request to Cabinet to declare all major dams national key points. An intensive campaign to digitise all its stock holdings, data and documentation. part of protecting resources and preventing damage and neglect. New regulations on the conservation of water. Appointment of river, dams and sewerage inspectors from 1 August 2019. There was, according to the FSE's recollection, no reference to: The long term management of acid mine water (the fact that AMD will continue to be produced long after the closure of gold and coal mines and the fact that continuous pumping of underground mine water is a pre-requisite); The establishment of the 7 non-operational CMAs; and The compliance status by the DWS of the directives by the South African Human Rights Commission inter alia: The DRDLR (together with the DWS) are directed to take steps to translate existing guidelines regarding the provision of water on privately owned land into policy to ensure that basic protections in law regarding access to water are capable of being evaluated and enforced. The DMR (together with the DEA and the DWS) must, respectively, include in their annual reports the number of compliance notices or other sanctions imposed, including the proportion of successful interventions and or criminal prosecutions undertaken against non-compliance. The DEA (together with the DWS) are directed to take definite steps to ensure legal protection of our water source areas through, inter alia, the use of section 24(2A) of NEMA the inclusion of a specific provision that provides that the Minister of Water and Sanitation has the power to restrict or prohibit the grant of water use licences in water sources areas alongside the use of a host of legal tools, including section 26(g) of the Regulations of the National Water Act, section 49 of the MPRDA, management tools in terms of Conservation of Agricultural Resources Act, 43 of 1983 (CARA) and SPLUMA, Environmental Management Frameworks, and any further tools available. A further provision that should be applicable, includes declarations in terms of the National Environmental Management: Biodiversity Act, 10 of 2004, of water source areas as threatened ecosystems. The DWS is directed to provide a report on the current state of water use monitoring. The Report should include: Mechanisms in place to conduct regular determination of the water reserve, including how the DWS accounts for anticipated migration and population growth, limitations or inadequacies in municipal-infrastructure as well as other potential impacts on the availability of water resources, such as drought; An audit of all existing WULs to ensure they adequately protect the water reserve, including basic needs and ecological requirements; Steps taken to monitor compliances with WULs and its impacts, particularly in mining areas; and The impact mining has and will have on the water reserve and how this aligns with the National Strategic Plan for Water.
FSE's APPEAL AGAINST THE EVIRONMENTAL AUTHORISATION FOR THE PROSPECTING RIGHT APPLICATION WITHIN THE SOURCE OF THE MOOI RIVER
Appeal attached for download.
2019 Status Report: Continuation of the Integrated Vaal River System Reconciliation strategy Study (Phase 2)
The report by the Department of Water and Sanitation is attached for download.
2019 - CURRENT WATER SITUATION IN THE VAAL RIVER SYSTEM
Summary of water quantity and quality challenges within the Vaal River system grounded upon the information which was presented by the Department of Water and Sanitation's Directorate: National water resource planning to the strategy steering Committee (SSC) for the continuation of the integrated Vaal River system. Reconciliation Strategy Guide – PHASE 2 attached for download.
Faeces in the kitchen: South Africans call for better sewage systems
ABOUT OUR PROPERTY RIGHTS COVERAGE This story is part of , our new website shining a light on land & property rights around the world. Access to water is a hot topic in South Africa - and a growing number of countries hit by climate change, burgeoning populations and poor governance By Kim Harrisberg Faeces in the kitchen: South Africans call for better sewage systems by Kim Harrisberg | @KimHarrisberg | Thomson Reuters Foundation Thursday, 21 March 2019 07:59 GMT JOHANNESBURG, March 21 (Thomson Reuters Foundation) - Raw excrement, condoms and sanitary products regularly spill into homes and parks, South Africans said ahead of Friday's World Water Day - just some of about 4.5 billion people globally without safe sanitation, promised for all by 2030. Residents are lobbying for urgent rehabilitation of sewage works by South Africa's Department of Water and Sanitation, widely criticised for lack of investment, non-payment of contractors, poor revenue collection, water theft and leakage. "We have had water flowing into our street and home for the last three years," Heather Crosley, who lives in South Africa's biggest city, Johannesburg, told the Thomson Reuters Foundation. "When it rains heavily, the manhole lids blows off; sewage rushes down the road and sometimes comes into our kitchen. We have found condoms, tampons and faeces in our kitchen on more than one occasion." Under global development goals agreed in 2015, governments pledged to provide access to water and sanitation for all by 2030. But three in 10 people worldwide do not have a water source free from faecal and chemical contamination. The spokesman for the water department, Sputnik Ratau, said setting up an independent regulator to improve management was "paramount", although he did not have a specific timeline. "The Ministry and Department are seized with the work of ensuring this comes to pass," he said. Access to water is a hot topic in South Africa - and a growing number of countries hit by climate change, burgeoning populations and poor governance - as drought last year triggered warnings that Cape Town's taps could run dry. In Johannesburg's Soweto township, residents often see untreated waste water and excrement flow into tributaries that lead to the Vaal River, one of the country's main water sources. "In Snake Park, sewage is currently flowing into a community-built park so the children have nowhere safe to play," said community activist Tiny Dlamini. Untreated water can cause diarrhea and cholera, which can be fatal, particularly for children. About 56 percent of South Africa's waste water treatment works are in a poor or critical state, said Mariette Liefferink, head of the Federation for a Sustainable Environment, which campaigns against water pollution caused by mining. "This is a perfect storm of mismanagement that currently impacts 14 million South Africans without access to decent sanitation," said Christine Colvin, a water expert with the World Wide Fund for Nature South Africa. (Reporting by Kim Harrisberg @kimharrisberg, Editing by Katy Migiro. Please credit the Thomson Reuters Foundation, the charitable arm of Thomson Reuters, that covers humanitarian news, women's and LGBT+ rights, human trafficking, property rights, and climate change. Visit http://news.trust.org
Pollution of the Vaal
THE FSE PRESENTED ON INVITATION TO THE SOUTH AFRICAN HUMAN RIGHTS COMMISION ON THE POLLUTION OF THE VAAL. ATTACHED ARE THE PRESENTATIONS.
SUMMARY OF WATER RELATED CHALLENGES IN SOUTH AFRICA 2018
SUMMARY OF WATER RELATED CHALLENGES IN SOUTH AFRICA 2018 INTRODUCTION This summary was compiled by the Federation for a Sustainable Environment (FSE) grounded upon its involvement as member of the various organs of state's project steering committees, study steering committees, expert steering committees, advisory committees, task teams, forums, etc. since and prior to its inauguration in 2007.
WATER ISSUES: Continuation of the Integrated Vaal River System Reconciliation Strategy
WATER ISSUES: Continuation of the Integrated Vaal River System Reconciliation Strategy Study (PHASE 2). The FSE is a member of the Strategy Steering Committee and actively participated in the meeting on the 27th of February, 2018.
SUBMISSION ON THE DWS MASTER PLAN
WRITTEN SUBMISSION ON THE DRAFT 2.6: NATIONAL WATER AND SANITATION MASTER PLAN (NW&SMP) In this document, the Federation for a Sustainable Environment ("FSE") submits comments on the National Water and Sanitation Master Plan, draft 2.6 (the "draft plan"). THE FSE: The FSE is a federation of community based civil society organisations committed to the realisation of the constitutional right to an environment that is not harmful to health or well-being, and to having the environment sustainably managed and protected for future generations. Their mission is specifically focussed on addressing the adverse impacts of mining and industrial activities on the lives and livelihoods of vulnerable and disadvantaged communities who live and work near South Africa's mines and industries. In accordance with the above-mentioned mission, the FSE's comments are limited to matters pertaining to the mining industry. The FSE's comments will be substantiated by real examples within the scope of the FSE's experience and our active participation in a significant number of environmental impacts assessments, environmental management programme reports, water use license applications, environmental authorisations, steering committees, forums, task teams, teams of experts, academic research groups, boards, etc. over a period of 15 (fifteen years).[1] [1] Kindly note that the Legal Resources Centre assisted with this publication.
Invitation by the DWS to participate in a working session regarding the draft National Water and Sanitation Master Plan: to be held on 2 February 2018 at the DBSA Conference Centre
The following preliminary comments on the National Water and Sanitation Master Plan (NW&SMP) are submitted on behalf of the Federation for Sustainable Environment (FSE). The FSE is a federation of community based civil society organisations committed to the realisation of the constitutional right to an environment that is not harmful to health or well-being, and to having the environment sustainably managed and protected for future generations. Their mission is specifically focussed on addressing the adverse impacts of mining and industrial activities on the lives and livelihoods of vulnerable and disadvantaged communities who live and work near South Africa's mines and industries. In accordance with the above-mentioned mission, the FSE's comments are limited to matters pertaining to the mining industry. The FSE's comments will be substantiated by real examples within the scope of the FSE's experience and our active participation in a significant number of environmental impacts assessments, environmental management programme reports, water use license applications, environmental authorisations, steering committees, forums, task teams, teams of experts, academic research groups, boards, etc. over a period of 15 (fifteen years). The FSE, with the support and representation of the Legal Resource Centre (LRC), is currently in the process of preparing additional comments on the NW&SMP. In view of the aforesaid, we respectfully request allowance to refine and augment our preliminary comments.
Project to heal polluted river . System will·create stream·of jobs
THE POTENTIAL to create 100 climate jobs and to help : bring a "dead river system" back to life -that's the rationale behind a proposed pilot project to heal one of Gauteng's most heavily polluted river systems, the Tweelopiespruit, which has been contaminated by more than a century of mining.
'Mine Water can be treated, safe'
SOUTH Africans have to "change their mindsets" that they can't drink acid mine drainage (AMD).
Eastern Basin acid water plant is "sledgehammer"
The Department of Water and Sanitation (DWS) has used a "sledgehammer" for its R1bn treatment plant for acid mine drainage (AMD) on the Eastern mining basin that could ultimately create more toxic water. This is the view of water strategy and consulting mining hydrologist Kym Morton, who believes government is "wasting money" by pumping large volumes of water and adding lime that makes it alkaline but still toxic and hazardous.
SABC Health Talk, Environmental Health: 25 February 2017
Focus on preventing illness rather than incurring the expense of treatment.
Rand Water tightens the taps in Gauteng
In the Midvaal suburb where Sipho Mosai lives, the gardens are lush and green because the sprinklers run all day. There's little sense of alarm at the fast-declining water levels in the Vaal water system after which the suburb is named.
Objection: Sedibelo Platinum Mine Water Use Licence
The Federation for a Sustainable Environment has objected to the Water Use Licence granted to Sedibelo Platinum Mine within the Moses Kotane Local Municipality, North West Province. An extract from the objection follows, and the full document is available to download.
Corruption seeps into South Africa's R26 billion water project: report
Water affairs and sanitation minister Nomvula Mokonyane is in the cross-hairs of the Public Protector after delaying South Africa's Lesotho Highlands Water Project, allegedly to award contracts to a company she has a long-standing relationship with. This is according to a report by the City Press, noting that the Public Protector will meet with Mokonyane over the issue this week. The project has been delayed by over a year due to Mokonyane's direct intervention, the report said, pushing its completion date to 2025, and pushing the price up to R26 billion. The entire project is being funded by taxpayers. Senior officials told the City Press that the delay was forced by Mokonyane so that consulting firm, LTE Consulting, could get involved. According to the City Press' findings, LTE has been awarded R5 billion worth of contracts in water and sanitation over the past year. It was also found that the company had donated as much as R3.5 million to the ANC in the past two months. The standard fee for consultation is 10% of the total cost, the paper said, meaning a spot on the water project could net the company as much as R2.6 billion. Executives from LTE have reportedly been contacting and paying delegates involved with the project, trying to convince them the give them tenders. When told by officials that the company had to bid for tenders, LTE CEO Thulani Majola allegedly said that he was not interested in bidding, and would approach Mokonyane directly. Subsequently, the bids for a number of tenders – from other companies – were rejected by the department soon thereafter. http://businesstech.co.za/
Water Quality Management Policies and Strategies
In response to the country's need to take an improved integrated approach to Water Quality Management, the Department of Water and Sanitation has recently initiated a project to revise its current Water Quality Management (WQM) Policies and Strategies.
Questions raised about govt's approach to acid mine drainage
The Department of Water and Sanitation's existing treatment programme involving pumping acid mine drainage out of the Witwatersrand basin and then partially treating the water by neutralising it will not assist in alleviating the challenge in the long term, says the Federation for a Sustainable Environment (FSE) CEO Mariette Liefferink.
Water scientist disputes NGO's claim of Mintails' criminal noncompliance
JOHANNESBURG (miningweekly.com) – Environmental risk analyst Dr Anthony Turton has vehemently denied claims by independent environmental organisation the Federation for a Sustainable Environment (FSE) that tailings extractor Mintails has not complied with the terms of its water-use licence (WUL) and other environmental requirements to the extent that makes it criminally culpable.
DWS is not compliant on AMD
Mariette Lierfferink, CEO of the Federation for a Sustainable Environment states that while the Department of Water and Sanitation alleges that the Acid Mine Drainage situation is no longer a reason for concern, the investigation report by the Department of Environmental Affairs (DEA) adduces evidence to the contrary.
"Fracking threatens our water resources" 64% vote yes
'Fracking threatens our water resources': This was the topic in the third of WWF and SAfm's Decisive Debate series.
Legal not technical problems bedevil water delivery in SA
The barrier to efficient water service delivery in South Africa was not of a technological nature but rather related to legal and Constitutional challenges, Water Research Commission (WRC) CEO Dhesigen Naidoo said on Thursday. BY: LEANDI KOLVER
Mintails: Conditions for Water Use License
In terms of Condition 12.9 of the authorised Water Use License "The Licensee shall attend and actively participate in the Wonderfontein/Loopspruit catchment forum to which the Licensee must report and present all aspects of water management as contained in the conditions of this license such as compliance with the licence conditions and progress with all investigations in terms of this license or related studies..."
New treatment plant opened as acid water pours
As Minister of Water and Environmental Affairs Edna Molewa unveiled a new multi-million rand acid mine drainage treatment plant yesterday, a few kilometres away of a torrent of untreated toxic water was gushing uncontrollably into an already blighted river system.


text:
A chignon (, , ) is a popular type of hairstyle. The word "chignon" comes from the French phrase chignon du cou, which means nape of the neck.

Chignons are generally achieved by pinning the hair into a knot at the nape of the neck or at the back of the head, but there are many variations of the style. They are usually secured with accessories such as barrettes or hairpins. Chignons are frequently worn for special occasions, like weddings and formal dances, but the basic chignon is also worn for everyday casual wear.

History
The chignon can be traced back to ancient Greece, where Athenian women commonly wore the style with gold or ivory handcrafted hairpins. Athenian men wore the style as well, but they fastened their chignons with a clasp of "golden grasshoppers", according to The History of the Peloponnesian War, by Thucydides. The chignon was specific to Athens, as other city states, such as Cyprus and Sparta, had their own styles of hairdressing. The chignon was also popular in ancient China, where married women wore the low, knotted hairstyle.

Male writers of the Victorian era, like Anthony Trollope, were fond of poking fun at the perceived absurdity of the fashion, which was much in vogue in England in the 1860s. In the 1890s, the dancer Cléo de Mérode popularized the hairstyle in France.

See also
 Bun
 Cockernonnie
 List of hairstyles

References

Bibliography

 "History of Hair". 2004. UKHairdressers. Accessed 29 April 2007.

External links

19th-century fashion
Hairstyles

redpajama_set_name: RedPajamaWikipedia


Tags: Merry Christmas, political cartoon, Scott Stantis To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. Thanks!
Shouldn't we decide who the front runner is and not the party or the media?
For me, after carefully reviewing the candidates, I chose who has the strongest conservative record and and message.
The media chooses to ignore this candidate, even to Fox News and he garners very little support.
I ask others and receive the reply of they can't support him, even they agree he has the best message is best on the issues, but won't support him because others aren't supporting him. Makes no sense to me, other than we are allowing ourselves to be manipulated by the same media that we complain won't give fair or accurate coverage to the war.
We need to determine who the real "front runner" is, not hte party or the media. We are the voters and we must take a stand, or fall away and submit to the opposition.
Personally, I am getting tired of holding my nose and voting for whoever is thrown at us.
It is time we tell the media who we want instead of them telling us who we are going to get.
As long as Duncan Hunter is running, I will do what I can to wake up Americans to a true conservative with a long conservative record.


text:
Q: Decoding bytearray in Python3-x I have been trying to send an image using a socket but a I'm having a big encoding issue. I'm running a server with python-2.7 and a client on python-3.
I think that the problem is in this function:
def decode_image(image):
    imageArray = str(bytearray(image))
    nparr = np.fromstring(imageArray, np.uint8)
    nparr.shape = (320, 240, 3)
    nparr = cv2.cvtColor(nparr, cv2.COLOR_BGR2RGB)
    print(nparr)
    return nparr

If I run the code with python2.7 interpreter everything works normally, however, with python3 interpreter it doesn't. The error I'm getting is the following:
nparr.shape = (320, 240, 3)
ValueError: cannot reshape array of size 597048 into shape (320,240,3)

Which means that instead of 320*240*3 (230400) decoded elements there are 597048. What is the equivalent way to decode a bytearray with python3 to obtain the same results as with python2.7?
image is a bytes value.

A: You do not need to decode the data, nor do you need to use a bytearray() here at all. Numpy can accept a bytes value directly using numpy.frombuffer().
The error you see is due to the str() call:
str(bytearray(image))

which returns the Python representation of the bytearray() object:
>>> bytearray(5)
bytearray(b'\x00\x00\x00\x00\x00')
>>> str(bytearray(5))
"bytearray(b'\\x00\\x00\\x00\\x00\\x00')"

str() returned a string with the same data as what was echoed for the first expression. You are passing the bytearray(b' prefix, the literal \x characters and digits to numpy. That's 14 bytes of extra data surrounding your data, and the data itself has been ballooned by a large factor as any non-printable character has been split out into ASCII hex digits plus a backslash and x character. This is why your data can't be reshaped, your binary data was 230400 bytes long, but has been 'reshaped' to a string representation that happens to use 597048 characters, so roughly 2.6 letters per input byte.
If image is a bytes value or an object implementing the Python buffer interface, just pass this value directly to numpy.frombuffer():
nparr = np.frombuffer(image, np.uint8)

If image might be an integer or an iterable of integers in the range (0-255), then just create a bytes() object from that value. So the following line will work correctly for whatever type image might be:
nparr = np.frombuffer(bytes(image), np.uint8)

There are other types that bytearray() might have accepted and still work, but those won't work in your specific code example.

A: You should decode the bytearray;
imageArray = bytearray(image).decode()

Here's an example (modified from the docs):
>>> np.fromstring(b'1 2'.decode(), dtype=int, sep=' ')
array([1, 2])

On the other hand: str(b'1 2') == "b'1 2'".