text:
Housing and Zoning
Friends of The Quinobequin
Water and Sewage
20 Kinmonth Rd. Development
NewCAL Senior Center
Sudbury Aqueduct Walking Trails
Wellesley Office Park
Zoning in Newton
2019 Debates
Waban Area Council Catchment Area
Waban Area Council Logo
Bob Jampol
Dinah Bodkin - Sec
Isabelle Albeck
Rena Getz - VP
Tom Elkind
Sallee Lipshutz
Christopher Pitts
WAC meets 2nd Thurs of each month at the WLC
Addressing issues that impact the quality of life in Waban
Waban Library Center
WABAN AREA COUNCIL MEETING AGENDA
Thursday, February 11, 2016, 7:30 PM - Waban Library Center
Following 7 PM Zervas Community and Construction Team Meeting
APPROVAL OF JAN 14, 2016 MEETING MINUTES AND SECRETARY'S ANNUAL REPORT TO THE CITY: JC (2 min)
APPROVAL OF FEB 11, 2016 TREASURER'S REPORT: RG (3 min)
BURNING ISSUES: Community comments for future agenda or immediate resolution. (5 min)
ELECTION OF 2016 WABAN AREA COUNCIL OFFICERS: SL (5 min)
ST. PHILIP NERI / 1521 BEACON ST: ZBA PUBLIC HEARING - JAN 26: KW & SL (5 min)
Update on Zoning Board of Appeals Jan 26 opening of Public Hearing.
Implications of 1.5% Safe Haven invocation by ZBA. Possibilities of what is next.
UPDATES: (20 min)
Report on planning meeting for Zervas traffic/parking/safe routes with Newton Highlands Area Council (Meeting scheduled for April 14) - AD (5 min)
Updated on WAC and NHAC Visioning Efforts - CP (5 min)
Report on preliminary meeting of Angier, Union Church, Church of Good Shepherd, Waban Improvement Society, and Waban AreaCouncil to develop landscape plan and implement it on island at Beacon St across from Angier - JR and SL (5 min)
Angier Open House - All (3 min) - Thoughts for Zervas and other school open houses
Zervas Construction Team Report - PB (5 min)
Add-A-Lane: 1) Rt. 9 at 128 and 2) Elliot St / Central Ave bridge closing (1 min)
WEBSITE FUNDING & MAIL CHIMP LESSONS FOR COUNCILORS - All (15 min)
NEEDS AND METHODS FOR FUNDRAISING FOR WAC: All (15 min)
NEW BUSINESS: New items that may lawfully arise for discussion.
Feb 25, 2016, 7:30 PM - WAC/NHAC Visioning Meeting at WabanLibrary Center
ADJOURN: Next Waban Area Council Meeting: March 10, 2016, 7:30PM, Waban Library Center, after Zervas Construction Team Meeting at 7 PM.
We encourage you to contribute to the Newton Food Pantry, housed in the basement of the Waban Library Center, by bringing non-perishable food items when you attend our monthly meetings!
The location of this meeting is handicap accessible, and reasonable accommodations will be provided to persons requiring assistance. If you need a special accommodation, please contact John Lojek, at least two days in advance of the meeting: jlojek@newtonma.gov or 617-796-1064. For Telecommunications Relay Service dial 711.
Members in Attendance: Joe Corkery, Chris Pitts, Sallee Lipshutz, Maureen Reilly‐Meagher, Isabelle Albeck
City Officials: John Rice
Other attendees: Deena David, Meryl Miller, Anne S. Lee
1) Meeting called to order at 7:32 PM
2) APPROVAL OF JAN 14, 2016 MEETING MINUTES AND SECRETARY'S ANNUAL REPORT TO THE CITY: CP moves to approve the minutes as amended. IA seconds. Unanimously approved. JC reported on his email exchange with David Olson regarding the process of editing minutes via Google Docs. Determined that document can be captured and shared via Google Docs, but people can not be given editing permissions. MRM moves to approve the annual report as amended. CP seconds. Unanimously approved.
APPROVAL OF FEB 11, 2016 TREASURER'S REPORT: SL reports that nothing had changed with the report from last meeting include that we had not been paid by Upper Falls Council. SL spoke with UFC and they said they would send check right away. Once done we can submit annual report to the city.
BURNING ISSUES:
DD reports that at corner of Collins and Beacon St, not sure that everybody interprets a right red arrow in the same way. Some think stop and wait, some think stop and turn after waiting. SL says that she saw someone turn left on red. MRM have you spoken to Andreae about this? DD have not, but spoke with customer service person at City Hall today. IA says that sensors should kick in for turning. DD would like to see signage there. MRM encourages everybody to submit their concerns about this via 311. JC says that we should be clear that we want "right on red" allowed. MRM said people should be clear about what they want the city to do. MRM reports that she has asked about the HAWK light and that nobody has touched the light since the school started. MRM suggest that we sent a note to Shane Mark about this issue. Notes that city has become more interested in improving signage to address safety.
SL would like the Charter Commission to attend the March meeting to share what they are doing and so that people can give them input. IA is this for this to learn about us or for us to learn from them? SL both. MRM reports that she was at Charter Commission meeting last night and says they are going to have meeting at end of February where they are inviting former mayors, so March meeting time would be good. SL moves that WAC invites CC to March Meeting. IA seconds. Unanimously approved.
MRM reports that the city has a program called Newton In Motion which is transportation program which is part of a broader program. They've held a couple of information sessions so far. If you go to the planning website (http://www.newtonma.gov/gov/planning/transportation_strategy.asp) under the transportation section there is a survey that she encourages people to fill out.
ELECTION OF WABAN AREA COUNCIL OFFICERS: SL notes that in previous meeting we did not officially elect the unopposed officers at the last meeting. IA moves to approve the slate of officers. MRM seconds. Unanimously approved.
ST. PHILIP NERI / 1521 BEACON ST: ZBA PUBLIC HEARING ‐ JAN 26: SL states that she received an email from Alexandra included below:
‐‐
From: Alexandra Ananth [mailto:aananth@newtonma.gov] Sent: Wednesday, February 10, 2016 4:52 PM
To: rrcexec <rrcexec@regulatoryresearch.com> Subject: RE: St. Philip Neri and Peck Property
Hi Sallee,
Mr. Argiros will not be filing an appeal to the ZBA's Safe Haven ruling, which I believe means that he is willing to work with staff and the ZBA to make some changes to the project. I can let you know when any revised plans come in and what the changes are. They will likely be presented at the meeting in March and I will provide an updated memo for that meeting. I also expect the City's peer reviewer for traffic to be there that night and that will be a focus topic.
The Englers have been in for two DRT's on the property at 1615 Beacon Street and I would say that that project still needs a lot of work before it is ready for prime time.
Thank you for your thoughts on my memo. Its always nice to receive a compliment. Best,
When responding, please be aware that the Massachusetts Secretary of State has determined that most email is public record and therefore cannot be kept confidential.
As a result of developer not appealing the ruling, the ZBA has a stronger hand in their ability to work with the developer. MRM states that in the last meeting she had some concerns about a proposed amendment with regard to the parking which is why she asked for a lot more detail in the meeting. Notes that we included something in the letter that went a lot further than other letters submitted to the city. Recommends that in the future that more time by given to consider amendments before voting. CP notes that KW had said that the letter had intended to be more general and that there was no ground lost or gained though. MRM as a process, in the future when we produce a letter, we should have greater preparation around it so that people have more time to think about it and have greater weight. SL we definitely should strive for this and introducing things at the last minute is not ideal, but we also need to recognize that sometimes it can't be avoided. It's a good observation and we should strive for it as best we can.
Report on planning meeting for Zervas traffic/parking/safe routes with NHAC: SL reports that on Feb 4, the WAC was in attendance at the NHAC and agreed that we would work jointly to promote their upcoming meeting. SL reports that she is working on a letter to the Zervas working group and got a response from Ruth Ann Fuller. She also heard from JR and city councilor Crossley. Notes that the issue everybody is concerned about is that the traffic plans have not been made public to anybody. Our connection to finding this out in the past was through Bill Paille who is no longer with the city. SL says that RAF says that meeting in April may be too late, because it is being discussed now. SL reports that RAF would speak with Deb. SL reports that DC that the process would follow the same process as Angier process and that there would be plenty of time for public input. SL concerned that not clear where effective input could happen. Reports that AD and Srjdan (president of NHAC) would come up with suggestions and that they would be presented at that meeting. SL suggested that they send their designs to Josh Morse now so that even if they don't get incorporated, they get reviewed and potential concerns may be raised. (MM) concerned that as a neighbor that there is not a lot of traffic input that has not be captured or included. In particular, they have not looked at Allen Rd. Concerned that recommendations are being made with the name of the Area Council. SL that won't be the case, we would have to vote as a committee before they could do that. CP notes that people from NH were very tuned into the process but the city has a strong track record of not listening to us: they make plans and bring people in for public comment far too late in the process. MRM not clear why Josh Morse has been identified as this person. We need to press the ward councilors to come back with a name of who in the transportation dept in the city. SL says that she heard from the city and that Josh is the person. We don't have a transportation director any more which is why Josh has been pinpointed. Zervas working group will be meeting in a few weeks and DC has promised to get information from that meeting. (Community member) says she is also on the working group and will send information to the WAC. SL says that if April is too late, we will call a special meeting if necessary. (Community member) it's really only Beethoven that is in flux right now. MRM best thing might be for community to reach out to Steve Siegel and get a timeline from him. MM says that Steve has been very responsive and will follow up with him.
Update on WAC and NHAC Visioning Efforts: Meeting was relatively small. Presentation is up on the website. Scheduling is a little more difficult and has prepared an email announcing it. Proposed meeting is Feb 29 and focus is on village centers. SL reports that that conflicts with a Charter Commission meeting. CP there are no nights that don't conflict with something. Notes that at last meeting had people from Newtonville. Have people from Upper Falls also interested in attending as well. Says that we have more common than we have in differences. So much around housing, streets, parking, sidewalks are all in common. Amazed by how many surprises come out of these meetings. Notes that James Freas has been at almost all of the meetings last year which is encouraging because it means that we can be heard. Multiple councilors noted that they really like the new lights that were installed at the island. MRM reports that Bill Paille had mentioned that pricing had been an issue and that he had mentioned that there were types of lights that could be installed now and upgraded later. CP says that he'd like to see grates around the base of trees. JR says that there were concerns about them because of the way they affect trees grow. In particular, the one in front of Bread & Chocolate has not been well maintained. SL notes that at WIS meeting the issue of tree lights came up and that they will reach out to Lupien tree for free advertising in exchange for helping with the tree. CP reports that Galvin does not want a repeat of what happened this year and would like the chance to do it better. CP also has a plan to do a survey to send to the community for input.
Report on preliminary meeting of Angier, Union Church, Church of Good Shepherd, Waban Improvement Society, Urban Tree Commission, and Waban Area Council to develop landscape plan and implement it on island at Beacon St across from Angier: SL reports that they were discussing a joint effort to develop the island. Notes that the island is under the jurisdiction of city parks & rec but that we wanted to adopt it jointly. Want each representative to go back to their institutions to gauge interest and look for interested parties. SL said that had been approached by a group that wanted to raise funding to name the island. Outcome of the meeting: Theresa Fitzpatrick volunteered to send out survey to WIS to address interest and desire for the island. SL said that she told Shane Mark about the mud at the cross‐walk near Collins. Said that the city will be regrading the island in the Spring. Reps from WIS, WAC, and John Rice will meet with Elaine Gentile on March 3rd to discuss options. MRM says that there was a discussion around how you might name an island. Still a lot of options and undecided yet. Goal is to make it a public process. IA how was the bench named after the barber named? What was the process? JR Parks & Rec has a policy that if people give money they can name things. IA but what about to honor somebody. JR it's just a financial process. SL once we have a feel for what is being asked, we can figure out how the process might work. MRM it's possible it could be done independent of WAC.
Angier Open House: SL reports that the open house was packed and was really happy to see the inside. One criticism is that when they asked to be shown the school at a slower space because many people can't walk that fast. For future open houses (especially for Zervas, Cabot, etc.), recommend that they have a better plan for people who are handicapped as well as have a second option for people who could not make it. Also need to have better communication to make sure people are aware of it. DD says that Loreta Lamberti said that if people really want to see it, people should come by at the end of school and ask if they could see it. MRM reports that she learned that the upper floors can be completely sealed off so that the first floor can be used as a community space. SL do we know what it costs to rent Angier? JR it's whatever the city sets for having the custodian cleaning up. JR looking at having more musical performances on the plaza. That would also be a great place for outdoor movies. IA this is a great spot because it also has electricity. IA maybe Zervas should have something like this but also incorporate into the design a covered area. JR when city plans building community planning doesn't always fall into it. However, that plaza was setup as a community place. JR at Waban Village Day could try to do a concert/movie. CP reports that for the month of May there will be a piano out on the patio by the library. MRM would like to suggest that as a council we send a letter of appreciation to Alejandro Valcarce for the work on the Angier school and keeping the community involved. SL offered to work on the letter with MRM. MRM also asks to work on a letter welcoming Principal Lamberti and school back.
AddALane: SL reports that we had relied on conversations with Bill Paille for a long time to get information about the project, but unfortunately he is no longer here. SL says that she (and Maureen separately) had written to Shane Mark to discuss concerns over the Add‐A‐Lane project and assurances that Bill Paille had made to WAC, in particular with regard to making the entrance to Rt 9 from Quinobequin safer. But has not had a response yet. MRM says that she saw him last night and he said that he was open to input. MRM reports that this important to address right away because this is a focus of Add‐A‐Lane in the coming week. JR thinks we should reach out to Mayor's office on Monday. MRM recommends going right down to construction and get involved with the work going on there. DD points out that Monday is a holiday, agree to go on Tuesday. Goal is to extend the barrier between Rt 9 and on ramp from Quinobequin to make the Wellesley Office Park access less challenging. SL somebody needs to look at this more closely to see what could be done. JR says that DOT is interacting more closely with Needham/Wellesley mayor's offices and agrees that working through our mayor is a good plan.
With respect to Elliot St bridge closing, SL reports that according to DC the bridge will likely be closed for 6 months. Also notes that there have been community business meetings to deal with the issue. JR the other options for traffic are to go down to Oak St or to Rt 9.
8) WEBSITE FUNDING & MAILCHIMP LESSONS FOR COUNCILORS: CP reports that we need to have a fund set up to pay for website. It had been done for free for a while, but not a long term solution. CP says his host normally charges $20 a month. Said that he was able to propose $10 per month and that was agreeable to the hosting person. Also notes that there had been a problem with the website that prevented text editing. It has now been fixed, so people can upload information and work with it more easily. It would be good if we could establish owners for specific issues that could regularly update the pages to keep things more fresh. MRM is there a place for comments? CP yes, but they aren't very active. Might be due to the fact that we require people to register to prevent comment spam. Fresh content is important to getting people to visit the website. SL would like to have more training for the councilors on training for Mailchimp. MRM has volunteered to help SL with this.
NEEDS AND METHODS FOR FUNDRAISING FOR WAC: SL we need to define a budget first for activities. Items include community efforts to get more email addresses. Examples include: funding to open Angier for visitors, speaker series, etc. MRM recalls that we voted that we wouldn't do fundraising without a plan to spend. CP we do need to build up a war chest. SL understood, but we should have a plan for things we would do with that money. MRM could you put together a list of ideas and budgets. CP there are a lot of opportunities for us to raise money. Support speakers on issues on village. SL many of these don't appeal on a Waban specific idea, lots of these are city‐wide issues. Would like to focus on more Waban‐centric things. Could we sponsor having Waban residents with interesting ideas speak. CP one option that people are excited about is a dog show with some of the local veterinarians. MRM could you come back in March with a plan for this? CP possibly. IA loves what happens in the Highlands. They have movies on Friday nights. Concerts. JC I agree and would love to see that in Waban. Think everybody should think about what items/events they would like to see funded and bring ideas to next meeting. People should include budget, number of volunteers required with the ideas. Submit suggestions to JC who will put a list together for discussion at next meeting. MRM we should try to do something to raise awareness of WAC at Primary Day. Or do the activities at school support a table being setup? SL they do. MRM would be great to have a presence at school events. JC could try to put something into the Greensheet to raise awareness and NextDoor Waban.
NEW BUSINESS: None
11)ADJOURN: Next meeting will take place on March 10, 2016. Adjourn. 9:35 pm.
Respectfully submitted, Joe Corkery
WACMinutes-February112016.pdf
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According to Heiner Flassbeck, former head of UNCTAD, there are many factors pointing to a convergence in a normal cyclical downturn, deepening recession in Europe, complicated by potential hard Brexit--With host Paul Jay.
Heiner's main point is that monetarism won't work this time around and that fiscal spending will be required. I totally agree with him. He's right that if the deficit hawks get their way this time (so they can slash government benefits and privatize large swaths of the economy, we'll go into a deep recession/depression (austerity-caused depression).
I've been hoping that the Fed will not cower even though the Fed is primarily for the bankers. My thinking is that the Fed will realize that if the deficit hawk/privatizers get their way, the proverbial pitchforks will come out and even the Fed will be abolished. Therefore, the Fed will compromise and openly state that (for the sake of the fake "dual mandate") it opposes austerity and seeks massive fiscal spending to augment the Fed's rate and other policies and practices.
Of course, I do want the Fed replaced but not after another deep recession or depression.
BTW and while I'm on the subject in general, negative interest rates are being attacked because (for some unknown reason) the definition of negative interest rates has taken on only one aspect of negative interest rates. Right now, what's under attack is the idea that the banks would charge savers rather than pay those savers interest. That is one form of negative rates. The other form is to pay interest rather than charge it. Parties would be paid interest to borrow.
That second form would be monetary inflation that would translate into price inflation if supply were not able to keep pace. It would heat up the economy. It would reverse a deflationary recession or depression, which would be a good thing. The Fed or US Treasury would likely have to cover the banks reasonable profits on such loans or the commercial banks could employ an adjustable rate tied to price inflation. As the economy were to heat up, the banks would regain what they had paid out. The Fed could cover them via increasing reserves. I prefer the first method rather than adjustable rates, as some borrowers might be poor and not benefit enough by the heated economy to pay off the principal with interest owed.
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text:
Resistance and Persistence
By Imogen Edge-Partington
Imogen Edge-Partington
ArtCultureEdmund De WaalGiorgio MorandiIngleby GalleryRachel WhitereadRichard LongRichard SerraRoger AcklingThe student newspaperedinburghedinburgh artedinburgh culturethe Student
Ingleby Gallery: Until 30th January
The Ingleby Gallery in Edinburgh currently shows an innovative and unique display of the work of a large variety of artists.
The title of the exhibition is taken from Sean Scully's essay on the twentieth century Italian painter Giorgio Morandi. In his essay, Scully remains intrigued by the versatility of one of Morandi's paintings, which he would pass everyday walking through the Tate whilst living in London as a student. Fascinated by the ambiguity and subversiveness of the painting, with a unique ability to resist definition, he writes compellingly not just of Morandi's work but of similar work that aligns with the themes resistance and persistence.
The exhibition features several paintings of Morandi, as well as the work of other artists. Two of the Morandi paintings have not been viewed in public for over 50 years, which may indeed be a good reason to attend the exhibition. The media through which the overall theme is conveyed are diverse; amongst the paintings are sculptural works by Richard Long, Rachel Whiteread and Roger Ackling and a projected film by Richard Serra.
The exhibition is one which, admittedly, an attendant has to work to emotionally engage with. There is something to be said for the profound obscurity of some of the pieces; on face value they seem arbitrary and incohesive. However, they are entirely the opposite. The work of this diverse range of artists is indeed varied, yet united by the fact that the artists have a tendency to work in series. Moreover, each piece of work by an artist tends to build off another piece, creating a sense of development, continuity and emotive progression.
The work of these artists as a whole is rendered all the more stimulating by the fact that they are often working against the conventions and expectations of the time in which they exist. This creates a deep sense of engagement between those who are viewing the work and those who created it, due to their faith in their work and the unusual dimensions which they expand upon through the various versions of their original source of inspiration.
The work of Edmund De Waal is a key example of the type of work seen in the exhibition. He takes basic shapes: four porcelain vessels and one plaster block in a pair of aluminium and plexiglass vitrines, with the boxes being black and their contents being white, a format that is varied only slightly in his second work shown. De Waal displays the versatility of porcelain in his artistic journey of interaction with the medium, with the simplicity of monochrome and uncomplicated shapes.
The exhibition as a whole is highly provocative, and requires a great deal of thought as to the meaning of each individual piece, as well as the pieces in series. Taken at face value, the subtle variations within each series are intriguing and unexpected. Go deeper and the profundity of the work can be interpreted in a multitude of ways, its rapid versatility in conjunction with the stubborn strength of an artist's conviction remaining at the heart of this engaging exhibition.
Image: Ingleby Gallery
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Livestream: New Year's Eve w/Davina & The Vagabonds
STAR TRIBUNE PICKS
Davina & the Vagabonds entered the livestreaming world in June at the Hook & Ladder, in the riot-torn Longfellow neighborhood of south Minneapolis, just weeks after George Floyd was killed.
"It was fun, and it was weird," said singer/pianist Davina Lozier, who is accustomed to singing to partying people, not to a camera.
"I love performing. I'm a ham. I was looking at a camera but I was still trying to connect with a community as much as I possibly can," said the high-energy performer, who lives three blocks away from the Hook. "As a person in this neighborhood, I felt a sense of strength and community, and it felt freeing for me to do that."
For the 11th straight year, Davina & the Vagabonds will ring in the New Year at the Dakota in Minneapolis. But the 8 p.m. show will be over long before midnight, and it will be streamed via dakotacooks.com ($20).
When the veteran combo takes its New Orleans-flavored jazz and soul around the world, Lozier talks up the Dakota.
"It's like my home base, so it's really exciting that I can have friends from all over the world — it won't be time-specific New Year's for them — see the Dakota and celebrate 2021 with us," she said. "Plus, I get to play with my flippin' band. That's what I did for decades, and now I'm not doing it all."
Even though Lozier won't be counting down at midnight onstage, she promises an appropriate program to say goodbye to this unforgettable year and hello to 2021.
"Some of the stuff should be poignant and some of it should be partying. That's exactly who we are."
BY: JON BREAM
THU DEC 31 • 8PM
GET TICKETS HERE >>
READ FULL STAR TRIBUNE ARTICLE HERE >>


The Library and Information Science Library Subject Files contains correspondence, reports, user analysis surveys relating to the collection and services of the Library unit and its transition into a "virtual" library. This series also includes digital copies of the Library and Information Science Library's website; "SWOT" assessment future planning documents related to Library Divisions (2005-06); and user analysis and implementation planning for the implementation of the Library's on-line public access catalog (OPAC) (1997-99) and its replacement with the Voyager OPAC (2002).
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Magnet Animals on Rarenoise Records (London, UK)
3 new generation creative musicians make a dance rock record that twists the spine and mind.
Todd Clouser - gtr/voice
Shanir Blumenkranz - bass
Eyal Maoz - guitar
Jorge Servin - drums
Booking - home@toddclouser.com
Available on all digital outlets and at www.rarenoiserecords.com
Todd Clouser Joins Forces with Members of Abraxas on Powerhouse Project
Magnet Animals' RareNoise Records debut, Butterfly Killer
On the heels of his genre-defying A Love Electric trilogy and subsequent song project, Man With No Country, guitarist-composer-poet-lyricist C Todd Clouser joins forces with drummer Jorge Servin and the potent one-two punch of Abraxas guitarist Eyal Maoz and bassist Shanir Blumenkranz in forming Magnet Animals. Their slamming and startlingly unique debut, Butterfly Killer -- full of skronking noise guitars of blast furnace intensity and stream of conscious raps over righteous riffs and humungous backbeats -- stands as one of the most strangely compelling outings in the extensive and wildly eclectic catalog of London-based RareNoise Records.
From the opening salvo of "Headphone Girls" to the jarring punk-funk of "Martha Fever," the eerie Ennio Morricone-styled spaghetti western vibe of "I Give Up And Love Somebody" and the sinister title track, Butterfly Killer sidesteps convention at every turn while boldly stepping to a different kind of muse. Throw in a B-52s-styled '80s dance party number ("Igual, Pero Peor"), a throbbing jam with a haunting, an evangelist preacher styled incantation ("Little John The Liar") and an ode to a late junkie author/hipster ("Bill Burroughs") and you have one of the most daring, fully self-realized creations of the current year.
Credit Clouser with creating the vehicle for such a powerful statement to take place. "The Magnet Animals record is very impulsive," explains the auteur. "With the A Love Electric records, we write, re-write, edit, produce, cut tunes in half and tour together on 120 dates a year. With Magnet Animals, I wanted to get back to just a creative impulse, honoring that, expressing, and moving on. I wrote the tunes in one weekend in a cabin a week before we had the tour planned. We played a week's worth of shows, recorded on the last day in about an 8-hour session. I took the sessions to Minneapolis to mix, and that was it. I wanted it to be fast, a reflection of the personalities of the players and their instincts, and not think myself out of what I needed to say, and what this group was on its first impulse, instinctively."
Regarding his role as principal wordsmith and narrator of the vivid imagery conjured up throughout Butterfly Killer, Clouser says, "I like lyrics that can survive as poetry -- just on the page. I'm not sure if I am a poet or a lyricist but words are important to me. If I am going to use them, I want them to have purpose. Sometimes it's in humor, like on 'Headphone Girls.' I travel a lot and there are all these thousands of headphones they sell all over airports now -- every color and size and sales pitch, and its a trip! So I wrote that 'look at me listening' little line when I was in the Atlanta airport on A Love Electric tour and thought it was fun to sing, or talk. Other times, like on 'Atayde,' there is this tremendous nostalgia and some kind of sadness to the words. Atayde is the name of a family circus in Mexico City and their circus tent was just ripped down, It was giant, big and blue, with a ball that looked like a clown's shoe on top. It's like a whole block long and it's located right where all the hookers hangout on paydays, on Tlalpan. There's so much absurdity there that somehow there is beauty and calm in it, like complete resignation to our human instincts, failures, all of it. So that was an easy and kind of emotional song to write. That's really more of a spoken piece. In the end, I think it's just about observing and trying to find the humanity, the emotion, in whatever I want to write about."
Clouser details his connection to the three other intrepid improvisers and skilled musicians who comprise Magnet Animals. "Eyal and I have talked about playing together for years and when I was on tour with A Love Electric I visited his apartment a couple times and we just set up and improvised. He is so fearless and himself. He kind of plays how Mexico City sounds to me. I played with Shanir Blumenkranz at the John Lurie tribute show at NYC Town Hall with Billy Martin and John Medeski. We played Marvin Pontiac songs from that Lurie record (1999's The Legendary marvin Pontiac: Greatest Hits). Shanir is so scouted when he plays and his feel is so warm. We got along well and talked about doing something together at some point. I have played now with a lot of the 'Downtown scene' heroes, including John Zorn, Cyro Baptista, Medeski Martin & Wood, and always crossed paths with Shanir. It seemed like it was time to play together."
Though Clouser wrote all of the songs on Butterfly Killer, he says the recording is very much a product of everyone's contributions. "With other players, this could be a corny fusion record, the way the tunes are written. It had to be a crew of guys willing to get into the dirt. Much of what we did and what we captured on record is about the energy of the performance, the risk, knowing we are reading tunes but we are free to abandon them in dramatic ways. Shanir had a big hand in arranging the tunes and working out feels. He's so good at that. Eyal has such a strong and unique voice, it's like having an electric piano player, theremin player and jazz guitarist all at once."
And while modernists may point to the influence of guitar shredders like Sonny Sharrock or Nels Cline or Sonic Youth's Thurston Moore in the skronking metallic interplay heard on harsh tunes like "Headphone Girls," "Martha Fever" and "State of My Face," Clouser explains that the influence actually goes back much further. "A lot of it, honestly, is old Delta blues, the voices as much as the guitars. Listening to Skip James sing, going back to a lot of the Alan Lomax recordings of prison song, field song, gospel...that raw feel is all there. That being said, I grew up in the late 90's, so Sonic Youth was an influence as well as a lot of the NYC downtown stuff I started to listen to. I liked the personality and personalities of it. People there had something to say that I related to. I have spent a lot of time with old blues records and psych rock records, some of the Brazilian psych rock stuff and Os Mutantes, and then, of course, hip-hop.But I have a background in jazz, knowledge of these harmonies, and spent time playing Thelonious Monk music, so some of that creeps in as well."
Clouser also explains that the sparse, lonely, vaguely Americana feel that comes across on tunes like "Atayde" and "I Give Up And Love Somebody" comes from his Midwestern upbringing. "I was born in Kansas City and grew up in Minneapolis. Though I live in Mexico City now, I can only run so far from driving up and down highway 35 through the cornfields, Flying J travel centers, and listening to unreasoned preachers and minor league baseball games on the radio. I did so many van tours up and down that highway, you have time to write. I would write for hours if I wasn't driving, just looking around and being romantic about something so many people are so dismissive of. You find romance, resignation there in the simple. The Coen Brothers are great at putting that to story and film. I love that kind of Americana when it sounds in music."
As for the kind of evangelical fervor that he takes on in his spoken word rants on "Little John the Liar" and the title track, Clouser explains that it comes from the deepest recesses of his childhood. "It's just a character, but I do think I am perhaps unhealthily drawn to talking about religion, Jesus and preaching in my music. My parents, who I love so much, sent me to Sunday school when I was kid, which I hated so much. It was horrible. I knew they were lying to me and I was stand-offish. So I think sometimes I still haven't gotten over that, and gotten over this whole disillusioned idea of a savior who makes you right even when you are wrong. So maybe I lash out in music, or in what I write, or how I sing it. Sometimes the lash is to caricature-ize the 'preacher.' I also think having listened to a lot of spiritual music, a lot of gospel, early jazz, Max Roach's Freedom Now Suite, these types of records, I am drawn to this sort of prophetic voice, and emoting that way."
Her further explains that "Bill Burroughs" was an homage to someone he greatly admired and felt a kinship with. "I never met him. I didn't share much time on Earth with him but I live about a mile away from where he did when he was in Mexico City. I love his writing. His story is tragic and heroic and offensive and teaching. I almost died from being an addict and I am gay. That's two big ones. From there on, its pretty easy to relate."
Of his current place of residence, Clouser couldn't be happier. "In Mexico City I fell into a great thing. I had no plans to live there but I met two musicians, Hernan Hecht and Aaron Cruz, and that became our group A Love Electric. This was about three years ago. We all had the same impetus, to go out and share our music wherever we could but in the most human, non-pretentious way possible. For example, we just got a grant from he US Embassy some months ago. We had offers to take it and go to a couple big festivals for free or a reduced rate. We decided to go to Honduras, Nicaragua and South Mexico and play in community centers and bars instead. And I would do that again in a second, and these two guys are the same way.
"There are songs everywhere in this city. I have been assaulted by way too many ideas since I moved here that I am still trying to sort through and make records or bands or whatever might be next. There is an energy here that I am attracted to, a chaos, but at the same time something very human. Because at some point you have to help each other out or the whole thing is going to blow up and the city will drown in itself. And now touring a lot in Mexico, going to places like Oaxaca up in the mountains to work with traditional wind musicians, or on the Yucatan to a town where Maya is the only language spoken, these things are fascinating, invigorating, exciting. I am able to learn by living all day long, and when that is happening there is no escape from inspiration."
It takes an inspired person to come up with something as audacious and uncompromising as Butterfly Killer. Clouser and his Magnet Animals crew deliver goods on this provocative new release on RareNoise Records.


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TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE G. TURNPIKES AND TOLL PROJECTS
CHAPTER 372.  PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF TOLL PROJECT
SUBCHAPTER A.  GENERAL PROVISIONS
(1)  "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project:
(A)  is a part of the state highway system; or
(B)  is subject to the jurisdiction of the department.
(2)  "Toll project entity" means an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including:
(A)  the department under Chapter 228;
(B)  a regional tollway authority under Chapter 366;
(C)  a regional mobility authority under Chapter 370; or
(D)  a county under Chapter 284.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 23.004, eff. September 1, 2009.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 940 (H.B. 3139), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 13, eff. June 17, 2011.
Sec. 372.002.  REPAYMENT OF MONEY CONTRIBUTED BY DEPARTMENT.  (a)  A toll project entity shall repay to the department any money contributed by the department as participation in the cost of the entity's toll projects, including money from the state highway fund, the Texas Mobility Fund, or other sources available to the department.
(b)  Each year, the department shall:
(1)  for each department district, determine the amount of money repaid to the department under Subsection (a) in the previous year that is attributable to projects located in the district; and
(2)  in addition to other amounts, allocate to each department district an amount of money equal to the amount determined for the district under Subdivision (1) to be used for transportation projects located in that district.
(c)  If a transportation project that was the subject of repayment of department contributions is located in more than one department district, the department may reasonably allocate the repayments from that project between the districts in which the project is located.
(d)  Notwithstanding any other law, including Sections 222.103(a), 366.301(c), 370.033(m), and 370.301(c) and (f), a toll project entity is not required to repay:
(1)  funds held in a subaccount created under Section 228.012; or
(2)  funds contributed by the department for a project if a toll project entity commenced the environmental review process for the project on or before January 1, 2014.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 42, eff. September 1, 2017.
SUBCHAPTER B.  TOLL PROJECT OPERATION
Sec. 372.051.  USE OF MOTOR VEHICLE REGISTRATION OR LICENSE PLATE INFORMATION.  (a)  A toll project entity may not use motor vehicle registration or other information derived from a license plate on a vehicle using a toll project, including information obtained by the use of automated enforcement technology described by Section 228.058, for purposes other than those related to:
(1)  toll collection and toll collection enforcement; and
(2)  law enforcement purposes on request by a law enforcement agency.
(b)  If a toll project entity enters into an agreement with an entity in another state that involves the exchange of motor vehicle registration or license plate information for toll collection or toll collection enforcement purposes, the agreement must provide that the information may not be used for purposes other than those described in Subsection (a).
Sec. 372.052.  VEHICLES USED BY NONPROFIT DISASTER RELIEF ORGANIZATIONS.  A toll project entity may not require a vehicle registered under Section 502.454 to pay a toll for the use of a toll project.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 20.006, eff. September 1, 2013.
Sec. 372.053.  VETERAN DISCOUNT PROGRAM.
(a)  A toll project entity may establish a discount program for electronic toll collection customers.
(a-1)  A program established under Subsection (a) must include free or discounted use of the entity's toll project by an electronic toll collection customer whose account relates to a vehicle registered under Section 504.202 or 504.315(f) or (g).
(a-2)  A toll project entity may limit to no more than two the number of transponders issued to a participant in the entity's waiver program for which free or discounted use of the entity's toll project is provided under Subsection (a-1).  A toll project entity that adopts a limit under this subsection shall allow a participant to be issued one extra transponder on a demonstration of hardship by the participant, as determined by the entity.
(b)  The legislature may appropriate funds from the general revenue fund to a toll project entity to defray the cost of providing free or discounted use of the entity's toll project under this section.
Sec. 372.0535.  FINANCIAL REPORTING REQUIREMENTS.  (a)  In this section, "system" includes a system established under Section 228.010, 366.034, or 370.034.
(b)  Not later than the 180th day after the last day of a toll project entity's fiscal year, the entity shall publish on the entity's Internet website a report on the entity's financial data, including:
(1)  the final maturity of all bonds issued by the entity for a toll project or system;
(2)  toll revenue for each toll project for the previous fiscal year;
(3)  an accounting of total revenue collected and expenses incurred by the entity for the previous fiscal year, such as debt service, maintenance and operation costs, any other miscellaneous expenses, and any surplus revenue; and
(4)  a capital improvement plan with proposed or expected capital expenditures over a period determined by the entity.
(c)  In addition to the reporting requirements under Subsection (b), a toll project entity may report any money deposited by the entity in a debt service reserve fund as required by a bondholder agreement.
(d)  A toll project entity may publish on the entity's Internet website graphs or tables from the entity's certified audited financial report or annual continuing disclosure report to comply with the reporting requirements under Subsection (b).
(e)  A toll project entity shall prominently display on the entity's Internet website a link to the report under Subsection (b). The report must be posted separately from the entity's certified audited financial report.
(f)  Notwithstanding Subsection (b), for a toll project that is the subject of a comprehensive development agreement entered into by a toll project entity, the entity is only required to publish on the entity's Internet website the name and cost of the toll project and the termination date of the agreement.
Redesignated from Transportation Code, Section 372.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(105), eff. September 1, 2021.
Sec. 372.054.  USE OF TRANSPONDER BY ELECTRONIC TOLL COLLECTION CUSTOMER.  An electronic toll collection customer using a transponder must:
(1)  activate and mount the transponder in accordance with the procedures provided by the toll project entity;
(2)  provide to the toll project entity accurate license plate and customer contact information; and
(3)  update as necessary the information provided under Subdivision (2).
Sec. 372.055.  DETERMINATION OF ELECTRONIC TOLL COLLECTION CUSTOMER ACCOUNT BEFORE PAYMENT SOLICITATION.  (a)  A toll project entity may not send an invoice or a notice of unpaid tolls to the registered owner of a vehicle soliciting payment of a toll or any related administrative fee unless the entity first determines, for a toll collection customer using a transponder, whether there is an active electronic toll collection customer account that corresponds to the transponder.
(b)  A toll project entity shall satisfy an unpaid toll, at the standard electronic collection rate and without the imposition of administrative or late fees, from an active electronic toll collection customer account discovered under Subsection (a) if:
(1)  the account:
(A)  corresponds to a transponder issued by the entity; and
(B)  is sufficiently funded; and
(2)  the customer to whom the transponder was issued has complied with Section 372.054.
(c)  Regardless of whether an active electronic toll collection customer account is discovered under Subsection (a), a toll project entity may send an invoice or notice for payment to collect an unpaid toll and related costs if:
(1)  the account is insufficiently funded; or
(2)  the electronic toll collection customer's failure to comply with Section 372.054 prevents satisfaction of the unpaid toll from the electronic toll collection customer account.
(d)  If in complying with Subsection (a) a toll project entity discovers that a transponder issued by the entity did not work correctly more than 10 times in a 30-day period and must be replaced, the entity shall send to the customer to whom the transponder was issued a notice stating that the transponder is not working correctly and must be replaced.
(e)  A toll project entity is not required to send additional notice to an electronic toll collection customer under Subsection (d) if the toll project entity has sent notice to the customer under that subsection and the customer does not replace the transponder.
Sec. 372.056.  INFORMATION REQUIRED ON NOTICE OR INVOICE.  A notice or an invoice of unpaid tolls sent by a toll project entity must clearly state that the document is a bill and the recipient is expected to pay the amount indicated.
Sec. 372.057.  METHOD OF SENDING INVOICE OR NOTICE.  (a)  An invoice or notice provided to a person by a toll project entity may be provided by:
(1)  first class mail; or
(2)  e-mail if the person has provided an e-mail address to the entity and has elected to receive notice electronically.
(b)  A toll project entity is not required to send an invoice or notice as required by Subsection (a) if the entity does not have access to the contact information provided in the electronic toll collection customer account.
Sec. 372.058.  INFORMATION SHARING AND CONTRACTS BETWEEN TOLL PROJECT ENTITIES.  (a)  Notwithstanding the confidentiality of electronic toll collection customer account information, including confidentiality under Sections 228.057(e), 366.179(d), 370.177(m), 370.178(d), and 372.051(a), a toll project entity with an electronic toll collection customer may provide to another toll project entity electronic toll collection customer account information for the purposes of customer service, toll collection, enforcement, or reporting requirements.
(b)  The provision of electronic toll collection customer account information under Subsection (a) must ensure the confidentiality of all account information.
(c)  A contract between toll project entities for the collection of tolls must:
(1)  specify which entity is responsible for making the determinations, sending notices, and taking other actions, as applicable, under Section 372.055; and
(2)  include terms to ensure that customers do not receive invoices from more than one entity for the same transaction.
SUBCHAPTER C.  NONPAYMENT OF TOLLS; REMEDIES
Sec. 372.101.  APPLICABILITY.  This subchapter does not apply to a county acting under Chapter 284.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
Sec. 372.102.  PUBLICATION OF NONPAYING VEHICLE INFORMATION.  (a)  Notwithstanding the confidentiality of electronic toll collection customer account information, including confidentiality under Sections 228.057(e), 366.178(b-1), 366.179(d), 370.177(m), and 370.178(d), a toll project entity may publish a list of the names of the registered owners or lessees of nonpaying vehicles who at the time of publication are liable for the payment of past due and unpaid tolls or administrative fees.  The list may include only the persons' names and, for each person listed:
(1)  the city and state of the person's residence;
(2)  the total number of events of nonpayment; and
(3)  the total amount due for the tolls and administrative fees.
(b)  A toll project entity may not include on a list published under Subsection (a) the name of a registered owner who remits a tax imposed under Section 152.026, Tax Code.
Sec. 372.103.  TOLL VIOLATION PAYMENT PLAN.  A toll project entity may enter into an agreement with the registered owner of a vehicle, for whom a single payment is not feasible, that allows the person to pay the total amount of outstanding tolls and administrative fees over a specified period.  The agreement must be in writing and specify the amount due for tolls and administrative fees, the duration of the agreement, and the amount of each payment.
Sec. 372.104.  DEFAULT; SUIT TO RECOVER OUTSTANDING BALANCE DUE.  (a)  If the registered owner of the vehicle fails to comply with the terms of an agreement described by Section 372.103, a toll project entity may send by first class mail to the person at the address shown on the agreement a written notice demanding payment of the outstanding balance due.
(b)  If the registered owner fails to pay the outstanding balance due on or before the 30th day after the date on which the notice is mailed, the toll project entity may, in addition to other remedies available to the entity, refer the matter to an attorney authorized to represent the toll project entity for suit or collection.
(c)  The authorized attorney may file suit in a district court in the county in which the toll project entity's administrative offices are primarily located to recover the outstanding balance due.  The authorized attorney may recover reasonable attorney's fees, investigative costs, and court costs incurred on behalf of the toll project entity in the proceeding.
Sec. 372.105.  NONPAYMENT BY VEHICLES NOT REGISTERED IN THIS STATE.  (a)  A toll project entity may, in lieu of mailing a written notice of nonpayment, serve with a written notice of nonpayment in person an owner of a vehicle that is not registered in this state, including the owner of a vehicle registered in another state of the United States, the United Mexican States, a state of the United Mexican States, or another country or territory.  A notice of nonpayment may also be served by an employee of a governmental entity operating an international bridge at the time a vehicle with a record of nonpayment seeks to enter or leave this state.
(b)  Each written notice of nonpayment issued under Subsection (a) shall include a warning that the failure to pay the amounts in the notice may result in the toll project entity's exercise of the habitual violator remedies under this subchapter.
(c)  An owner who is served a written notice of nonpayment under Subsection (a) and fails to pay the proper toll and administrative fee within the time specified in the notice commits an offense.  Each failure to pay a toll or administrative fee under this subsection is a separate offense.
(d)  An offense under Subsection (c) is a misdemeanor punishable by a fine not to exceed $250.  The court in which an owner is convicted of an offense under this section may also collect the proper toll and administrative fee and forward the toll and fee to the toll project entity.
(e)  It is a defense to prosecution under Subsection (c) that the owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is served under Subsection (a) provides to the toll project entity proof that meets applicable toll project entity law establishing that the vehicle was leased to another person at the time of the nonpayment.
(f)  It is a defense to prosecution under Subsection (c) that the vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)  the occurrence of the failure to pay; or
(2)  eight hours after the discovery of the theft.
Sec. 372.106.  HABITUAL VIOLATOR.  (a)  For purposes of this subchapter, a habitual violator is a registered owner of a vehicle who a toll project entity determines:
(1)  was issued at least two written notices of nonpayment that contained:
(A)  in the aggregate, 100 or more events of nonpayment within a period of one year, not including events of nonpayment for which:
(i)  the registered owner has provided to the toll project entity information establishing that the vehicle was subject to a lease at the time of the nonpayment, as provided by applicable toll project entity law; or
(ii)  a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law; and
(B)  a warning that the failure to pay the amounts specified in the notices may result in the toll project entity's exercise of habitual violator remedies; and
(2)  has not paid in full the total amount due for tolls and administrative fees under those notices.
(b)  If the toll project entity makes a determination under Subsection (a), the toll project entity shall give written notice to the person at:
(1)  the person's address as shown in the vehicle registration records of the Texas Department of Motor Vehicles or the analogous agency of another state or country; or
(2)  an alternate address provided by the person or derived through other reliable means.
(c)  The notice must:
(1)  be sent by first class mail and is presumed received on the fifth day after the date the notice is mailed; and
(2)  state:
(A)  the total number of events of nonpayment and the total amount due for tolls and administrative fees;
(B)  the date of the determination under Subsection (a);
(C)  the right of the person to request a hearing on the determination; and
(D)  the procedure for requesting a hearing, including the period during which the request must be made.
(d)  If not later than the 30th day after the date on which the person is presumed to have received the notice the toll project entity receives a written request for a hearing, a hearing shall be held as provided by Section 372.107.
(e)  If the person does not request a hearing within the period provided by Subsection (d), the toll project entity's determination becomes final and not subject to appeal on the expiration of that period.
Sec. 372.107.  HEARING.  (a)  A justice court has jurisdiction to conduct a hearing in accordance with this section.
(b)  A hearing requested under Section 372.106 shall be conducted in a justice court in a county in which the toll collection facilities where at least 25 percent of the events of nonpayment occurred are located.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
(d)  The issues that must be proven at the hearing by a preponderance of the evidence are:
(1)  whether the registered owner was issued at least two written notices of nonpayment for an aggregate of 100 or more events of nonpayment within a period of one year, not including events of nonpayment for which:
(A)  the registered owner has provided to the toll project entity information establishing that the vehicle was subject to a lease at the time of the nonpayment, as provided by applicable toll project entity law; or
(B)  a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law; and
(2)  whether the total amount due for tolls and administrative fees specified in those notices was not paid in full by the dates specified in the notices and remains not fully paid.
(e)  Proof under Subsection (d) may be by oral testimony, documentary evidence, video surveillance, or any other reasonable evidence.
(f)  If the justice of the peace finds in the affirmative on each issue in Subsection (d), the toll project entity's determination that the registered owner is a habitual violator is sustained and becomes final.  If the justice does not find in the affirmative on each issue in Subsection (d), the toll project entity shall rescind its determination that the registered owner is a habitual violator.  Rescission of the determination does not limit the toll project entity's authority to pursue collection of the outstanding tolls and administrative fees.
(g)  A registered owner who requests a hearing and fails to appear without just cause waives the right to a hearing, and the toll project entity's determination is final and not subject to appeal.
(h)  A justice of the peace court may adopt administrative hearings processes to expedite hearings conducted under this section.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
Sec. 372.108.  APPEAL.  (a)  A registered owner may appeal the justice of the peace's decision by filing a petition not later than the 30th day after the date on which the decision is rendered:
(1)  in the county court at law of the county in which the justice of the peace precinct is located; or
(2)  if there is no county court at law in that county, in the county court.
(b)  The registered owner must send a file-stamped copy of the petition, certified by the clerk of the court, to the toll project entity by certified mail not later than the 30th day after the date the appeal petition is filed.
(c)  The court shall notify the toll project entity of the hearing not later than the 31st day before the date the court sets for the hearing.
(d)  A trial on appeal is a trial de novo on the issues under Section 372.107(d).
(e)  Neither the filing of the appeal petition nor service of notice of the appeal stays the toll project entity's exercise of the habitual violator remedies unless the person who files the appeal posts a bond with the toll project entity issued by a sufficient surety in the total amount of unpaid tolls and fees owed by the registered owner to the toll project entity.
Sec. 372.109.  PERIOD DETERMINATION IS EFFECTIVE.  (a)  A final determination that a person is a habitual violator remains in effect until:
(1)  the total amount due for the person's tolls and administrative fees is paid; or
(2)  the toll project entity, in its sole discretion, determines that the amount has been otherwise addressed.
(b)  When a determination terminates, the toll project entity shall, not later than the seventh day after the date of the termination, send notice of the termination:
(1)  to the person who is the subject of the determination at an address under Section 372.106(b); and
(2)  if the toll project entity provided notice to a county assessor-collector or the Texas Department of Motor Vehicles under Section 502.011, to that county assessor-collector or that department, as appropriate.
Sec. 372.110.  ORDER PROHIBITING OPERATION OF MOTOR VEHICLE ON TOLL PROJECT; OFFENSE.  (a)  A toll project entity, by order of its governing body, may prohibit the operation of a motor vehicle on a toll project of the toll project entity if:
(1)  the registered owner of the vehicle has been finally determined to be a habitual violator; and
(2)  the toll project entity has provided notice of the prohibition order to the registered owner.
(b)  The notice required by Subsection (a)(2) must be sent by first class mail to the registered owner at an address under Section 372.106(b) at least 10 days before the date the prohibition order takes effect and is presumed received on the fifth day after the date the notice is mailed.
(c)  Notwithstanding any provisions of law governing the confidentiality of electronic toll collection customer account information, the order described in Subsection (a) may include the registered owner's name, the city and state of residence, and the license plate number of the nonpaying vehicle.
(d)  A person commits an offense if the person operates a motor vehicle on a toll project in violation of an order issued under Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Sec. 372.111.  DENIAL OF MOTOR VEHICLE REGISTRATION.  After a final determination that the registered owner of a motor vehicle is a habitual violator, the toll project entity may report the determination to a county assessor-collector or the Texas Department of Motor Vehicles in order to cause the denial of vehicle registration as provided by Section 502.011.
Sec. 372.112.  IMPOUNDMENT OF MOTOR VEHICLE.  (a)  A peace officer may detain a motor vehicle observed by the officer to be operated in violation of an order under Section 372.110(a) and may direct the impoundment of the vehicle if:
(1)  the vehicle was previously operated on a toll project in violation of an order issued under Section 372.110(a); and
(2)  personal notice to the registered owner of the vehicle of the toll project entity's intent to have the vehicle impounded on a second or subsequent violation of Section 372.110(a) was provided:
(A)  at the time of the hearing under Section 372.107;
(B)  at the time of the previous traffic stop involving a violation of Section 372.110(a); or
(C)  by personal service.
(b)  A vehicle impounded under this section may be released after:
(1)  payment by or on behalf of the registered owner of all towing, storage, and impoundment charges; and
(2)  a determination by the toll project entity that all unpaid tolls and fees owed to the entity by the registered owner are paid or are otherwise addressed to the satisfaction of the toll project entity in the toll project entity's sole discretion.
(c)  For the purposes of Section 2303.155(b)(4), Occupations Code, fees required to be submitted to a governmental entity include an amount for unpaid tolls and fees owed by the registered owner of an impounded vehicle as set out in timely written notice given by the toll project entity to the operator of the vehicle storage facility where the vehicle is impounded.  The toll project entity may set out in that notice an amount less than all unpaid tolls and fees owed by the registered owner without releasing the registered owner from liability under any other law for the full amount of unpaid tolls and fees.
Sec. 372.113.  HABITUAL VIOLATOR REMEDIES AGAINST LESSEE OF VEHICLE.  (a)  A toll project entity may seek habitual violator remedies against a lessee of a vehicle and not the registered owner if the toll project entity sends to the lessee, in accordance with applicable toll project entity law, at least two notices of nonpayment containing:
(1)  the warning under Section 372.106(a)(1)(B); and
(2)  in the aggregate, 100 or more events of nonpayment in the period of one year, not including events of nonpayment for which a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law, that:
(A)  were not paid in full by the dates specified in the notices and that remain not fully paid; and
(B)  were incurred during the period of the lease as shown in a lease contract document provided by the registered owner to the toll project entity as provided by applicable toll project entity law.
(b)  A toll project entity seeking habitual violator remedies against a lessee under Subsection (a) shall use the procedures of this subchapter as if the lessee were the registered owner.
Sec. 372.114.  HABITUAL VIOLATOR REMEDIES AGAINST OWNERS OF VEHICLES NOT REGISTERED IN THIS STATE.  (a)  A toll project entity may seek habitual violator remedies against a person described by Section 372.105(a) if:
(1)  the person is served with two or more written notices of nonpayment under Section 372.105(a) and the amount owing under the notices was not paid in full by the dates specified in the notices and remains not fully paid; and
(2)  notice of the toll project entity's intent to seek habitual violator remedies was served on the person in the manner described by Section 372.105(a) for a notice of nonpayment.
(b)  A person described by Section 372.105(a) may request a hearing under Section 372.107 not later than the 30th day after the date of the notice under Subsection (a)(2).
(c)  In making a finding under Section 372.107 against a person described by Section 372.105(a), a justice of the peace must find that the requirements of Subsection (a) have been met in lieu of the findings otherwise required under Section 372.107(d).
Sec. 372.115.  USE OF REMEDIES OPTIONAL.  A toll project entity's use of remedies under this subchapter is cumulative of other remedies and is optional, and nothing in this subchapter prohibits a toll project entity from exercising any other enforcement remedies available under this chapter or other law.
Sec. 372.116.  METHOD OF SENDING INVOICE OR NOTICE.  As authorized under Section 322.008(d)(2), Business & Commerce Code, a toll project entity may provide an invoice or notice required under this subchapter to be sent by first class mail instead as an electronic record:
(1)  if the recipient of the information agrees to the transmission of the information as an electronic record; and
(2)  on terms acceptable to the recipient.


Time is said to be a relative concept. One minute to one person may seem much longer to another, but one thing that holds true from person to person is that everyone hates to waste time waiting. Everything that we were taught at a young age about patience seems to be forgotten when time is on the line. Patience is one of the hardest things to gain, but always the easiest to lose. But it isn't always about waiting for worldly possessions. For many of us, it's waiting for that one big breakthrough, and not many of us know this better than Matt Smith.


We're continuing in op amp applications and in this section, we'll be looking at a band-pass filter and a band-stop filter. We begin with the band-pass. As its name implies, it passes only a specific band of frequencies and you can see from the graph here that that is exactly what it does; it passes a specific a band and sometimes you'll have several … well … a band of frequencies will be passed. This is widely used in TV … also in radio. Just as in the example with AM Radio, if you were looking at AM 950 K-Hertz, you know it comes in … and this would be 950, and that particular band is the transmission it will be ten K-Hertz … wide. So it will go from nine...actually from 945 to 955 and that would be, in this case, the band that is being passed.
In television, at least in analog television, the band is actually quite wide; it's six Mega-Hertz wide. So you'd come along and you'll have this band of frequencies and that contains the audio and the video, and the colour information takes quite a bit more data than does radio which is only voice and then if we went to FM, we'd find that this is actually 200 K-Hertz wide because FM is going to have a better sound quality … anyway, these are just some examples of what device or … systems that would utilize a band-pass filter. Now let's take a look at this circuit. What we'll notice here is that we have a cap in series with the op amp, and then we have another cap that's in the feedback loop. So what will happen is that this cap will be very reactive at low frequencies and more passive so no signal will get to the op amp. Then at a very specific frequency, this will begin to pass the signal and so it will send that signal into the op amp, we will have amplification. But notice that we have another cap in the feedback loop, and remember that the feedback loop will determine how much amplification we get. When this begins to conduct, this will begin to look like a short circuit and so then we will have zero ohms of resistance in our feedback loop and that will cause our gain to go to zero. So what we end up here is for a very short duration we have the passing of frequencies. Your text does not give you a formula for calculating this frequency. I happen to have one that will do it; it is one over two pi times capacitance times the square-root (I can draw this line across here) … the square-root of R1 in parallel with R2 times the value of R4. If you type that into a calculator, it will come out with this frequency and that would be the pass band if we were using this particular circuit.
Now I built a circuit in Electronics Workbench. This is in fact, that circuit, it was not in your package of circuits, but I just wanted to confirm the fact that this actually is the frequency and you'll note here is our signal source, here is the capacitor in the input, and then here's the capacitor in the feedback loop. You'll note here is the bold plot, and I have had the blue line as capturing the passing of the frequency. You'll notice down here that 968.9 … 69 Hertz is that passing frequency, and what was our calculated value was 973 so that is really quite close to the actual value that we see in simulation. OK then, we come to the band-stop filter. Sometimes this is called a band-reject filter. We have a circuit here and this is going to do, in fact, sometimes they call it the 'notch filter' because what this typically looks like is you have a band of frequencies come along and suddenly there is a notch cut out and you no longer see the signal. We have a formula Fr here, this is a frequency that is rejected, and this will be one divided by two pi times R1 and C1. If we calculate this out, we find that this will create a notch at an about four K-Hertz. Let's talk a little bit about how this actually works. Low-frequency C3 has a high reactance and the signal is passed through R1 and R2, it looks like a low-pass filter so going along this branch this looks like a low-pass filter until you get to a frequency that is high enough that C3 starts to conduct and then that signal is shunted away from the input down through C3. So the top half looks like a low-pass filter then C1 and C2 act as a high-pass filter so when they get up to a certain value, C1 and C2 begin to conduct and it will pass it's signal to the input. The circuit acts as a low-pass filter in parallel with a high-pass filter. At a specific frequency, the leading and lagging signal applied to the input of the op amp will cancel each other out, resulting in a notch in the band. So here we have a signal coming in here, and a signal coming in here. The signal coming through here will … Ok it will come through here but it will also go through this RC; this is actually an RC network, which will cause the signal to lag a little bit behind. Then the signal passing through here will lead that signal. It will both reach the system and there will be a point where the two will tend to cancel each other out and we will end up with a notch.
This is the circuit, in fact, this is the circuit that comes from your textbook, and the calculated value was, again it was about four K.
When I did this in the simulation I couldn't put the blue line directly on the notch because it actually covered up the notch so you couldn't see it so I pulled it a little bit away from the notch, but you can see the frequency there is 3.981, which is very close to the value that we calculated … well the multi-sim that put it right on there, it was actually 4.09 but anyway, it is very close to the calculated notch. Now this one, it has a little spike right here. I have seen other filters that are a little bit cleaner than that; they will just come along and be a very specific notch. These are, as I mentioned earlier, these are used to filter out things like 60 Hertz hum. Sometimes in cable systems, they are used to actually notch out a given frequency a customer does not particularly want. So these have a number of industrial uses.
So in this section, we look briefly at a band-stop filter, looked a bit at the theory, and we looked at the band-pass filter. So this concludes this section.


Piano sheet music for the Sherlock theme song.
There are some great musics in Sherlock, and it was hard to pick one to play. In the end, I decided to simply play the opening theme! You can watch this Sherlock Theme Sheet Music played live on my piano cover above!
The Sherlock opening is fairly easy to play on piano. Therefore, even if you're a beginner, you shouldn't have any trouble playing it.
For more sheet music and piano covers, feel free to check the main piano sheet music page. You will find, among other things, the Penny Dreadful Theme Sheet Music, The Walking Dead Theme Sheet Music, or the Breaking Bad Theme Sheet Music.
Sherlock is a TV series created by Steven Moffat and Mark Gatiss, that premiered in 2010. It features Benedict Cumberbatch as Sherlock Holmes and Martin Freeman as Doctor Watson.
The opening title itself was composed by David Arnold and Michael Price.


Browse listings of Member singles here at Meet Local Single Parents that are tagged with Eastern European. Meeting others that have similar interests is an ideal way to come up with ideas to do on a first date. Signup for a Free Account to Meet Someone Tonight!


Product Code: TDM-D-1130, TDM-D-1131, TDM-D-1136, TDM-D-1138.
Our bougie introducers are single-use, latex free, sterile and individually wrapped and supplied in boxes of 10. Bougie introducers will assist in directional control of the endotracheal tube, especially when the laryngeal opening is not fully visible. Available in neonate, child and adult sizes.


I work in a deli. Yesterday a lady came up to the counter and demanded that we slice a ham for her first because "I have diabetes and I don't feel like waiting". Myself and my co-worker told her that she would have to wait her turn. She got really beligerent and told us that she had "a medical condition" and couldn't wait. I told her that I,too, am diabetic and asked if she needed something. She said that she wanted to be served first. I said"Sorry, first come, first served". I was appalled. I have diabetes, and I would never use it to get my way. My boss and co-workers all know I am diabetic, and know what to do for me if something happened to me, but I would never tell strangers just to get my way. Am I wrong to feel this way?
We live in a society that loves to play the victim. Stories about people getting millions of dollars because they were somehow "wronged" get passed around like modern-day folklore.
It is really sad to see how some people use any excuse to try to get something they feel like they "deserve."
I will never forget the weekend that my son was diagnosed. Of course, we were feeling pretty overwhelmed with it all. We happened to be in the hospital over a Sunday. We were invited to attend a church service in the hospital chapel. As we sat there and watched the other parents come in, one with a child battling cancer, one tiny baby hooked up to multiple monitors, one child in a wheelchair with misshaped legs. Then there were also the parents whose children were too sick to leave their rooms at all.
I made up my mind right then to never feel sorry for myself or for my son. We were given a large challenge. But thankfully, we were also given all the tools and education we need to ensure he grows up healthy and can do and be whatever he wants to. Others in that room that Sunday afternoon were not so fortunate.
That is the truth if i never heard it before. It helps me get thru the day to know that there are other out there that are alot worse off than I am. I don't wish anything on anyone else, but it does help to know it.
That is a good thing to remember. There are people out there that are taking advantage of their situation regardless of how bad or good it is. Even though I can't see a doctor for my situation right now but I know that God will provide for me in the mean time. I don't try to feel sorry for myself or anyone else. Only to try to help find ways to cope with the situation and learn to live a better life. Thank you.
That was excessive and not OK, but I think it's OK to utilize diabetes just like you would use anything else.
Pushing in line at the store is not where it should be used but there are plenty of situations when it can be used but not hurt anyone. A good one is going through security at a sporting event. Tell them you have a diabetic testing kit on you and you get a much nicer search done. If you're in a place that doesn't let you bring food in, tell them you're diabetic and in you go with your food.
Don't abuse it of be arrogant but you have to live with and manage it 24/7 for the rest of your life. You may as well use it in your day to day life if you can make things a little easier or nicer.
No, you're not wrong. Everyone could use a lesson in manners nowadays. I work in retail myself and have had the same problem with a chemo patient! They need to think about the fact that the person they're being rude to may have a lot more problems than they could ever dream of! A little compassion and selflessness goes a long way!
Wow people actually do that? I could see if she was having a problem to demand some attention but just to be served first wow.. Some people huh?
You are not wrong at all. The fact that you asked her if she needed something to make sure she was not having a low is right, but her own greed ratted her out.
I do hate it when people play that game. What a bunch of crock. And the problem is, that it gives the rest of us a bad reputation to those who heard her and were being effected by her words.
How we deal with our disease on a daily basis is how people around us see diabetes. If we are like this woman, sheesh, would you blame them for telling us to go jump off a bridge. LOL! That is why I always try to represent this awful disease with truth and honesty, but never as a crutch to get my way. You were very right in how you reacted, and she should have been embarrassed once she found out you shared her ailement.
I am type II and have been since 1994. I have never used my diabetes to get anything. We are not crippled or any different from any one else, we have a disease that has to be under control.Sure we have our problems but we know what we must do to take care of them. This just gripes my a— to know people use diabetes to get their way.
wow! what a piece of work! some people just got no learnin at all.
It's sad that there are some people out there that use an illness or other form of medical condition just to get there way. No matter if a person is sick or not is doesn't make it right for them to a major "jerk" to get there way. Who knows maybe one day they may learn there lesson.


text:
Home Health Tips Trial investigating "abortion pill reversal" stops due to safety concerns
Trial investigating "abortion pill reversal" stops due to safety concerns
Scientists are calling for pro-life states in the US to stop offering women an unproven medication that some have claimed can "reverse" a medical abortion.
Laws should not mandate counseling or provision of any treatment that claims to reverse abortion when both its efficacy and safety are unclear."
Mitchell Creinin, Obstetrician-gynecologist, University of California, Davis
The call follows the outcomes of a study led by Creinin looking into the safety and effectiveness of the controversial practice, known as "abortion pill reversal."
The trial was halted because three women bled so heavily, they had to be rushed to the emergency room for treatment.
Six states require doctors to offer a controversial approach to patients
A medical abortion uses a combination of two medicines that are usually taken 24 hours apart. The first is mifepristone, which is a progesterone blocker, and the second is misoprostol, which makes the uterus contract. Studies suggest that almost all women who take both medications as instructed will end their pregnancy safely.
Currently, six pro-life states have implemented laws that require doctors to inform patients that there is a medication that can "reverse" a medical abortion. Proponents of the reversal treatment offer progesterone to women who have taken mifepristone but then changed their minds about completing the abortion. One group of researchers, who published a small case series, claimed the intervention does stop the abortion from going ahead.
That research has been heavily criticized for being flawed, and most obstetricians-gynecologists oppose the protocol, saying there is no science to support that administering progesterone after mifepristone is effective, let alone safe.
For now, the level of evidence is still inadequate to support or refute the benefits and risks of progesterone treatment to stop a medical abortion after taking mifepristone."
Mitchell Creinin, Obstetrician-gynecologist, University of California, Davis.
What did the study involve?
For the study, Creinin and colleagues set out to recruit 40 women who had decided to have a surgical abortion, but who did not mind waiting a couple of weeks before undergoing the procedure.
The women were given the first abortion reversal medication – mifepristone - but not the second one - misoprostol. Instead, they were randomly assigned to receive either progesterone or a placebo.
Follow-up visits were planned for two weeks after the mifepristone had been taken to see whether the women were still pregnant.
The whole trial was shut down
As reported in the journal Obstetrics and Gynecology, the trial took a turn for the worst and was stopped when only 12 women had enrolled.
Of those 12 women, three suffered vaginal bleeding that was so severe they had to be rushed to a hospital for emergency treatment. One of the women had received progesterone, and the other two had received a placebo.
The risk to participants was too great to continue, and the whole trial was shut down.
The results raise concerns about the safety of taking mifepristone without then taking the second abortion reversal pill.
"Women who use mifepristone for medical abortion should be advised that not following up with misoprostol could result in severe hemorrhage, even with progesterone treatment," says Creinin.
In several states, including Kentucky, Nebraska, and Oklahoma, advocates for medical abortion reversal have succeeded in enacting laws to ensure the regimen is discussed as an option during mandatory pre-abortion counseling.
Opponents have objected, saying that there is insufficient evidence to support the approach. Now, there is evidence to suggest it causes harm.
"Encouraging women to not complete the regimen should be considered experimental," says Creinin. "We have some evidence that it could cause very significant bleeding."
"It's not that medical abortion is dangerous," he says. "It's not completing the regimen, and encouraging women, leading them to believe that not finishing the regimen is safe. That's really dangerous."
Since the trial was stopped early, it could not answer the question it set out to, says Creinin, who adds that there are simply not enough data to know whether progesterone treatment is effective at preventing a medication-based abortion from taking place.
"Does progesterone work? We don't know," he says. "We have no evidence that it works."
Creinin, M.D. et al. (2019). Mifepristone antagonization with progesterone to prevent medical abortion. Obstetrics & Gynaecology. DOI: 10.1097/AOG.0000000000003620.
Health News Health Tips


You're not late to the party! I posted this last Saturday but I actually haven't promoted it or posted it anywhere. I ended up dealing with doggie stuff over the weekend and this week so I figure I'll just promote it tomorrow. Anyhoo thanks so much, I'm glad you enjoy them!
My moms life is crazzzzy, it totally needs to be a movie!
They look so young no? I was surprised how great "Jessie" looks. I'm glad Screech wasn't there. He grew up into such a weirdo.


text:
An iOS 9 web request example app that programmatically uses WKWebView with Swift 2.

![](https://github.com/duliodenis/webrequest/blob/master/art/webrequest.gif)

### Licensing
WebRequest is licensed under [the MIT License](https://github.com/duliodenis/webrequest/blob/master/LICENSE).

### Support or Contact
Visit [ddApps.co](http://ddapps.co) to see more.