text:
Current: Legal Divergences Between the European Union and Israel with Regard to Jerusalem
Legal Divergences Between the European Union and Israel with Regard to Jerusalem
Dr. Manfred Gerstenfeld, September 5, 2007
Dr. Manfred Gerstenfeld
Filed under: Europe and Israel, International Law
European Union, international law, Israeli Policy, oslo accords, palestinian interests, ruth lapidoth, settlements
"A number of major political divergences of view between the European Union and Israel also find their expression in legal positions. One such issue concerns the legality of Israeli neighborhoods in East Jerusalem. The EU stance was spelled out in the Venice Declaration of 1980, which demanded the creation of a Palestinian state to which Israel was at that time opposed. The declaration was issued at a time when the announced aim of the Palestine Liberation Organization was to destroy Israel. The declaration said, with reference to Jerusalem, that the European Community 'will not accept any unilateral initiative designed to change the status of Jerusalem.'"
Ruth Lapidoth is professor emeritus of the Hebrew University and professor at the Academic Division of the College of Management, specializing in international law. She was legal adviser to the Israeli Foreign Ministry and is a recipient of the Israel Prize, the country's most prestigious award.
The Settlements
As far as the settlements are concerned, Lapidoth stresses that the Europeans, UN organs, the International Court of Justice, and the Palestinians consider that these violate the Fourth 1949 Geneva Convention, which states: "The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."
Lapidoth points out that both the plain meaning of the words and the legislative history of this provision of the convention do not support this interpretation. This text was adopted after World War II to prevent the mass transfer of civilians against their will in order to replace the population of an occupied territory. It was aimed at the forceful transfer of civilians practiced by the Germans during World War II.
"This provision does not deal with the voluntary movement of individuals who do not displace local inhabitants." In an essay, Lapidoth wrote:
In the various agreements concluded in the framework of the Oslo process, the settlements have not been declared illegal nor has their dismantlement been requested. These texts have left the issue of the settlements to the permanent status negotiations. One may hope that bona fide negotiations will lead to a rational and pragmatic compromise.
Lapidoth also noted that some settlements in the West Bank "were actually located on land which before 1948 had belonged to Jews who were expelled from those places by the Arabs in the 1947-48 war. Most settlements were established for security reasons, according to spokesmen of the government."[1]
"One of the most sensitive and painful issues in the relationship between Israel and Europe concerns the status of Jerusalem. European governments have on many occasions shown a biased attitude toward Israel. For instance, after the Oslo Agreements the Palestinians, in violation of these, set up a political representation in East Jerusalem at Orient House. The Europeans insisted that their representatives pay an official visit to the place. It was later closed by Israel."
Lapidoth has written about this biased EU attitude:
"Several times the EU has urged the parties to refrain from activities which prejudge the outcome of the permanent status negotiations. Has the EU itself lived up to this principle? Let us examine the "Orient House" affair. This building served as headquarters for Mr. Faisal Husseini, the PLO's representative in Jerusalem. The house served as a centre for various administrative, political and quasi-political activities. Mr. Husseini even received and briefed foreign diplomats in these premises. Israel claimed that these activities contravened the commitments undertaken by the Palestinians in the 1993 Declaration of Principles and in the 1995 Interim Agreement namely, that the offices of the Palestinian authority "shall be located in areas under Palestinian territorial jurisdiction" in the West Bank and the Gaza strip. "
This activity in the Orient House no doubt was intended to prejudge the outcome of the permanent status negotiations. Nevertheless, the EU supported this activity by insisting that its emissaries pay a visit to the place and hold there official talks with Mr. Faisal Husseini.[2]
Lapidoth continues: "The EU's attitude was not only against Israel's wishes but also contrary to the Oslo Agreements. It is possible that the Israeli-Palestinian dispute on this matter would not have reached such intensity were it not for the inflammatory attitude of the EU.
"In 1996, Israel celebrated the three-thousand-year anniversary of King David and the foundation of the city. This was mainly a tourism event. The Europeans refused to come to the celebrations because they claimed they were held in a part of Jerusalem that was in dispute. The EU stated that nothing should be undertaken that could prejudice the outcome of the permanent status negotiations. The Europeans' visits to Orient House were not less prejudicial to the permanent status, but there the Europeans did visit because it served the interests of the Palestinians."
An Exchange of Letters
"In 1999, at the time of the dispute over the visits to Orient House, there was an exchange of letters between the then foreign minister Ariel Sharon and the EU. Germany at the time held the presidency of the EU. Its ambassador to Israel wrote a note to the Foreign Ministry that according to the EU opinion, Jerusalem is a corpus separatum as foreseen in UN General Assembly Resolution 181 of 1947.
"The German ambassador claimed this was 'in strict accordance with international law.' The 1947 resolution was, however, only a recommendation with no binding effect. In Resolution 181 the General Assembly recommended the establishment of an Arab state, a Jewish state, and a special entity of Jerusalem. The resolution received the consent of the national leadership of the Jewish community of Palestine. The Arabs rejected it and started to attack Jewish towns and villages including the Jewish quarters of Jerusalem.
"If the ambassador meant that Resolution 181 was binding, he was not convincing. There was no obligation under international law to accept and implement the corpus separatum regime. It would only have become binding if the two parties had agreed to it.
"The resolution defined Jerusalem as a huge area. It is much larger than what Israel annexed in 1967. It also includes, for instance, Bethlehem."
Applicability of Israeli Law
"Over the years several legal cases have arisen in European courts that are relevant to the status of Jerusalem. No country has so far recognized Israeli sovereignty in either West or East Jerusalem. With regard to West Jerusalem, the European states have de facto accepted the applicability of Israeli law.
"An interesting situation arose in Israel in 1952. The driver of the Belgian consul-general had killed a Mr. Shababo in a road accident in West Jerusalem. When the heirs of Mr. Shababo took the consul-general, his driver, and the consulate to court, they claimed that the Israeli court had no jurisdiction even though the incident had occurred in West Jerusalem. Judge Witkon, who sat on the bench, rejected their objections and said West Jerusalem was part of Israel. The armistice line established by the 1949 Armistice Agreement between Israel and Jordan had left West Jerusalem under Israeli control.
"Another famous case was that of Yossele Schumacher. This young ultra-Orthodox boy was abducted in the 1960s by his father from Jerusalem to the United Kingdom. The British court applied the law in force in West Jerusalem, i.e., Israeli law. Interestingly, foreign states have not claimed that the law of occupation should apply to West Jerusalem."
"The situation with respect to East Jerusalem is very different. From 1948 to 1967, Jerusalem was divided between Israel and Jordan. This was in accordance with the 1949 General Armistice Agreement. In 1967, Jordan started a war against Israel attacking it in Jerusalem. Israel defeated the Jordanians and conquered the areas under Jordanian control.
"After the end of the hostilities of the Six Day War in 1967, Israel adopted several enactments saying that henceforth Israeli law, jurisdiction, and administration would apply in East Jerusalem. The United Nations objected to this.
"According to the EU, the UN, and the U.S. administration, East Jerusalem is occupied territory. Therefore it is subject to the rules of the Fourth 1949 Geneva Convention concerning civilians in times of war. One amusing aspect of the European attitude concerns the Regency Hotel, formerly the Hyatt Hotel on Mount Scopus in Jerusalem. It is partly built in an area where there was an Israeli enclave from 1949 to 1967 and partly outside it. When official European representatives come to the hotel they go only into those parts located on land that belonged to this enclave.
"The U.S. Congress is so far the only institution that has recognized Israeli rule over East Jerusalem. In 1995, it adopted the Jerusalem Embassy Act. According to this statute the U.S. administration had to move the country's embassy from Tel Aviv to Jerusalem by 1999. If they failed to comply, then Congress would cut some funds from the budget of the State Department.
"The U.S. president managed to include in this law a small proviso that says its application can be postponed each time for six months if the president declares that this is in the interests of U.S. security. Since then, every six months the president makes such a declaration. In that law Congress has said very clearly that united Jerusalem should be recognized as Israel's capital."
An Unclear Status
"Many rather ill-defined situations result from the unclear status of East Jerusalem. In 1980, Israel adopted the Basic Law: Jerusalem Capital of Israel. This law reconfirmed the unification of the city and its status as capital. It also reiterated the protection of the holy places.
"Thereafter the Security Council adopted Resolution 478, which condemns Israel and says the law is illegal. They said all foreign embassies had to leave Jerusalem, which they did. By 1982 Costa Rica and in 1984 El Salvador came back and established embassies in West Jerusalem. In 2006, both countries decided to move their embassy to Tel Aviv.
"An example of this ill-defined situation is the status of foreign consulates in Jerusalem. According to international law, a consul can fulfill his functions only once he gets an exequatur from the country where he is to serve. The exequatur means that the government allows this person to fulfill his consular functions. The consuls stationed in Jerusalem do not apply for an exequatur because their countries don't want to recognize Israeli sovereignty over West or East Jerusalem.
"Despite the fact that they have not submitted their letters of appointment, Israel grants them consular privileges. Officially they do not have any contacts with the Israeli Foreign Ministry other than the Department of Ceremonies. When I was legal adviser to the Foreign Ministry, I was, for instance, not allowed to go to their receptions.
"The nonsubmittal of letters of appointment is against the 1963 multilateral Convention on Consular Relations, which has not been ratified by Israel. We have ratified the Convention on Diplomatic Relations, which poses no similar problems because diplomats are appointed for the whole country whereas consuls may be appointed for a specific area.
"Many of these foreign consuls in Jerusalem are in practice representatives to the Palestinians and mainly deal with matters concerning them. Sometimes they cause complications because some of them refuse to accept that they are subordinate to the embassy of their country in Israel."
[1] Ruth Lapidoth, "Israel and the Palestinians: Some Legal Issues," Jerusalem Institute for Israel Studies, 2003.
[2] Ruth Lapidoth, "The EU, Jerusalem and the Peace Process," in Claus Dieter Classen, Armin Dittman, Frank Fechner, Ulrich M. Gassner, and Michael Kilian,eds., In einem vereinten Europa dem Frieden der Welt zu dienen: Festschrift für Prof. T. Oppermann (Berlin: Duncker & Humblot , 2001). [German]
– RUTH LAPIDOTH is a Fellow of the Jerusalem Center for Public Affairs, Professor Emeritus of International Law at the Hebrew University of Jerusalem, and Professor at the Law School of the College of Management. Her books include The Arab-Israel Conflict and Its Resolution: Selected Documents (1992), The Jerusalem Question and Its Resolution: Selected Documents (1994), Autonomy: Flexible Solutions to Ethnic Conflicts (1997), and The Old City of Jerusalem (2002). She is also the author of "Legal Aspects of the Palestinian Refugee Question," Jerusalem Viewpoints No. 485 (September 2002). In 2000 she received the "Prominent Woman in International Law Award" from the WILIG group of the American Society of International Law.
Dr. Manfred Gerstenfeld is emeritus chairman (2000-2012) of the Jerusalem Center for Public Affairs. The author was given the Lifetime Achievement Award by the Journal for the Study of Antisemitism, and the International Leadership Award by the Simon Wiesenthal Center. His latest book is The War of a Million Cuts: The Struggle against the Delegitimization of Israel and the Jews, and the Growth of New Anti-Semitism (2015). His previous books include Europe's Crumbling Myths: The Post-Holocaust Origins of Today's Anti-Semitism; Judging the Netherlands: The Renewed Holocaust Restitution Process, 1997-2000; and The Abuse of Holocaust Memory: Distortions and Responses.
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Linn from the Darbin Orvar Youtube channel is originally from Sweden and has been making things all her life. She enjoys working in her shop on a variety of projects from electronics to woodworking, using hand tools and power tools.
Making your own rubber stamps is a lot of fun, plus it can add a unique touch to your projects. I've been wanting to make a collection of letters featuring the alphabet, so I went to work using a soft carving block, an exacto knife and a blunt carving tool. I started by first cutting up a whole bunch of ¾" × ¾" rubber carving blocks, one for each letter. Then after that I began sketching each letter, carving out the lines with the exacto knife and removing the excess material with the carving tool.
I decided to design each letter free hand, however you could certainly print out your favorite typography and then carve out that font. However, I've found that it's easier to go with simplistic designs, and anything too fine or delicate can be difficult to carve. Once I had the whole alphabet done, I cut up a bunch of ½" MDF pieces which I attached to each stamp with some contact cement. This is so you have something to hold on to when printing and makes a big difference in terms of how the print comes out.
When the stamps were done, I figured it would be nice to store them in something so I made a simple pine box with a walnut lid and feet. I decided to use box joints for the construction which I created by hand using some basic hand tools. I made the walnut lid a touch over sized, and I glued on a thin piece of plywood on the inside to create a pressure fit. The little walnut feet acted double duty as both feet and cleats for the bottom of the box.
Now, stamps are a lot of fun and you can create any design you'd like. I used a soft carving mat for these prints, however they make these carving blocks in different thicknesses and hardnesses, so it's a good idea to try different things and find your preference. So what to use the stamps for? Well, I'm planning on making some cool posters, t-shirts, cards, and other things, as many projects can benefit from some printed letters.


Now reading: What's your ubiety?
Thank you to our guest blogger this week – Amy Cousins, fitness, food and lifestyle writer, otherwise known as The Bath Blogger.
It can be hard to find moments of 'ubiety' in the hustle and bustle of the world we live in. We are often functioning on high alert, at 100 miles an hour letting stress overtake our lives. Sound familiar? If it does, (which it also did for me) it might be time to reclaim YOUR ubiety and some well-deserved moments of self-care.
But first of all, let's talk about what ubiety means. Simply put, it is a condition of being in a definite place. Somewhere where you are totally relaxed, totally comfortable and totally present. A spot somewhere in the sun perhaps? Or on the sofa with a freshly brewed pot of coffee. It basically defines a moment away from the heaviness of our lives and is completely individual.
I've thought about what my 'ubiety' is and I don't think I can put it down to one thing because there are lots of states that make me feel grounded, present and content. Some of which I'd like to share with you below. Who knows, some of these might resonate with you or better yet, give you ideas that you could perhaps try out for yourselves. Let's hope for the latter.
The first that came to mind was Shavasana - the final posture at the end of a yoga class. It promotes rejuvenation in the body, mind and spirit all while reducing stress and tension. Its main focus is to re-integrate the body and the mind back to our world. The process of Shavasana involves slowing scanning the body from head to toe looking for tension and tightness. Its aim is to recognise and breathe into the aches and pains, wiggling anything that feels a bit sore. There is no judgement in Shavasana or yoga for that matter. Some days you'll be more flexible than other days and that is perfectly okay. It's about respecting your capabilities and knowing when enough is enough. That's why it's up there in one of my "ubietous" moments.
The next would have to be a slow Sunday morning. No alarm, fresh coffee and a stack of fluffy pancakes. It's totally indulgent and totally where I want to be. The only thing that makes that moment better is sharing it with my boyfriend or family. We don't have to be saying much, or anything for that matter, but I know it's a complete state of contentment and pure happiness all round.
The final one I'd like to share with you is one that is definitely more indulgent, but definitely not selfish: a night in with a face mask, a giant bag of popcorn and a good movie. That movie you've seen 50 times but you know you'll watch 50 times more. You know the ending and half of the script but it makes you grin from ear to ear. The warm fuzzy feeling it gives you when it finishes - that's how I'd describe ubiety.
I hope these examples show you that moments of ubiety and self-care don't have to cost the earth. It doesn't have to be a weekly or monthly facial (although that is more than okay too!) it can be a moment of stillness, an activity or a state that is the only place you need to be.
In our busy lives, it can be hard to find moments of ubiety, because it can feel selfish but in actual fact we need it. We should schedule those moments in like we would a dentist or doctors appointment. Taking good care of yourself may require a little extra time and effort, but its worth it because YOU are worth it.


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The Mature Traveller: The best view in skiing?
It's a view from the piste to match the world's most spectacular. From high on the ski slopes of Le Massif, in Canada's Quebec province, you can look down on the wide St Laurence River - blue in my pic to reflect a clearing sky and strewn with ice floes. Catch it at the right time and it is stunning. Click to make it bigger.


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Chana Bloch has spent her life writing the poems of a grown woman, loving the world as she interrogates it mercilessly, speaking a truth that hurts as it heals. "Half the stories/ I used to believe are false," she confesses. "Thank God/ I've got the good sense at last/ not to come in out of the rain." A thrilling collection.
Chana Bloch is an absolutely essential poet, with a breathtaking gift for spanning, linking and leaping—unforgettable images, wonderments, and wisdom. Her words travel with me at the center of my compass. This collection is a triumph, not to be missed.
Chana Bloch is writing the best poems of her life. Death is the Great Master hovering in the distance, but this pleasure-loving poet will not be deterred. Chana Bloch is like a Japanese potter mending the cracked and dinged pottery of experience with gold powder sprinkled from her fingers.


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Choice Properties Real Estate Investment Trust Reports a 7.4% Increase in FFO(1) per Unit Diluted for the Fourth Quarter 2015
February 17, 2016 By NewsWire Tagged With: TSX:CHP.UN
TORONTO, Feb. 17, 2016 /CNW/ – Choice Properties Real Estate Investment Trust ("Choice Properties" or the "Trust") (TSX: CHP.UN) today announced its consolidated financial results for the fourth quarter ended December 31, 2015. The Trust's Annual Report will be available in the Investor Relations section of the Trust's website at www.choicereit.ca, filed with SEDAR and available at www.sedar.com.
Quarter Highlights:
Reported Funds from Operations ("FFO")(1) per unit diluted of $0.247, an increase of $0.017 or 7.4% compared with $0.230 in the fourth quarter of 2014;
Reported rental revenue of $191.0 million, an increase of $15.8 million or 9.0% compared with $175.2 million in the fourth quarter of 2014;
Acquired four properties including opportunity to develop 30,000 square feet of new gross leasable area ("GLA") of which 15,000 square feet is contractually scheduled for development in the near-term;
Developed 89,000 square feet of GLA creating 22 new retail spaces during the fourth quarter of 2015;
Improved ancillary occupancy, and increased same property, same GLA, net operating income ("NOI") by 2.0% to $122.2 million from $119.8 million in the fourth quarter of 2014; and
Improved occupancy rate of 98.6% compared to 98.1% as at December 31, 2014.
Annual Highlights:
Added 47 properties to the portfolio including two parcels of land for future development;
Developed 124,000 square feet of GLA creating 29 new retail spaces during 2015;
Launched the West Block project at Lake Shore Boulevard and Bathurst Street in Toronto to redevelop the property as an urban multi-use site in a joint venture partnership with Wittington Properties Limited ("Wittington"), the parent company of George Weston Limited;
Completed internalization of development, leasing, property management and support functions; and
Announced a 3.1% increase in monthly distribut ions effective as of January 29, 2016 and payable on February 16, 2016.
"I am pleased to announce that we closed fiscal 2015 with another solid quarter. Our financial results reflect our productivity and the execution of our long-term growth strategy," said John Morrison, President and Chief Executive Officer. "Throughout the year, we put our plan in action by growing our portfolio through accretive acquisitions, constructing new retail across the country and completing our internalization of operational and support functions, including the expansion of our team from 21 to over 100 employees."
"Our steadily increasing cash flows and prudent capital management have enabled us to increase our distributions," continued Mr. Morrison. "We remain focused on the execution of our plan to deliver results, add value, create opportunities for future growth and continue to provide our Unitholders with growing monthly distributions."
See "Non-GAAP Financial Measures" beginning on page 5.
Financial and Operational Summary
For the three months ended December 31
($ thousands except where otherwise indicated)
Gross Leasable Area ("GLA") (in millions of square feet)
Rental revenue
Net Operating Income ("NOI")(i)
Net Income(ii)
Net Income per unit diluted(ii)
Funds from Operations ("FFO")(i) per unit diluted(iii)
Adjusted Funds from Operations ("AFFO")(i) per unit diluted
Adjusted Funds from Operations(i) payout ratio
Distribution declared per unit
Total assets (in millions)
Debt to total assets(iv)
Debt service coverage(iv)
Net income included a negative adjustment of $95,418 and $51,063 for the fair value of Exchangeable Units and a positive adjustment of $87,902 and $97,452 for the fair value of investment properties for the three months ended December 31, 2015 and December 31, 2014, respectively. Net income before adjustments to fair value was $47,917 and $40,628 for the three months ended December 31, 2015 and December 31, 2014, respectively.
FFO(1) per unit diluted, for the three months ended December 31, 2014, was calculated using FFO(1) (excluding other adjustments). See Section 17, "Non-GAAP Financial Measures", of the MD&A for details.
Debt ratios include Class C LP Units but exclude Exchangeable Units. The ratios are non-GAAP financial measures calculated based on the trust indentures, as supplemented.
Financial Results for the Quarter:
Net Operating Income(1) – Fourth quarter NOI(1) of $132.1 million represented an increase of $9.0 million, or 7.3%, over the fourth quarter of 2014 primarily driven by acquisitions completed in 2015 and the fourth quarter of 2014. These acquisitions contributed a total of $6.4 million to NOI(1). NOI(1) for Same Properties(1), same GLA of $122.2 million increased by $2.4 million or 2.0% from $119.8 million in the fourth quarter of 2014. This improvement was primarily due to an increase of $1.6 million in base rent and net recoveries, which was driven by improvements in ancillary occupancy, higher average rents per square foot on new ancillary leases and rent steps in Loblaw leases, and $0.9 million due to capital expenditure recoveries and interest, partially offset by $0.1 million in non-recoverable operating expenses.
Net Income before Adjustments to Fair Value (1) – Fourth quarter net income before adjustments to fair value of $47.9 million compared with a net income before adjustments to fair value of $40.6 million reported in the fourth quarter of 2014.
Funds from Operations(1) – Fourth quarter FFO(1) was $100.5 million or $0.247 per unit diluted, compared with $90.9 million or $0.230 per unit diluted in the fourth quarter of 2014. The year-over-year improvement in FFO(1) of $0.017 per unit diluted was primarily driven by NOI(1) from acquisitions.
Adjusted Funds from Operations(1) – Fourth quarter AFFO(1) was $82.0 million or $0.201 per unit diluted, compared with $74.1 million or $0.188 per unit diluted in the fourth quarter of 2014. Similar to FFO(1), the improvement in AFFO(1) was primarily driven by NOI(1) from acquisitions partially offset by higher capital expenditures.
Distribution – Distributions declared per unit during the quarter totaled $0.162501, for an AFFO(1) payout ratio of 80.8% (2014 – $0.162501 and 86.4%). In November 2015, Choice Properties announced an increase in the annual distribution by 3.1% to $0.67 per unit. The increase was effective for Unitholders of record January 29, 2016.
Operational Results for the Quarter:
Accretive Acquisitions – On November 17, 2015, Choice Properties acquired four retail properties in Ontario from Loblaw Companies Limited ("Loblaw") for an aggregate purchase price of approximately $45.6 million, excluding acquisition costs and a mark-to-market adjustment on the Exchangeable Units issued as partial consideration on the closing date of the acquisition. The acquired portfolio includes approximately 30,000 square feet of development potential in Ottawa, Ontario of which 15,000 square feet will be developed as a Shoppers Drug Mart store in the near-term. Upon completion of the Shoppers Drug Mart development in Ottawa, Ontario, the implied capitalization rate of the acquired portfolio is expected to be 5.85%.
Retail Development – During the fourth quarter of 2015, Choice Properties completed the intensification of five properties: Ancaster, Vaughan and Lindsay, Ontario; Edmonton, Alberta; and Val Belair, Quebec. These intensification added approximately 17,000 square feet for a Shoppers Drug Mart store in Edmonton, Alberta, 8,000 square feet of ancillary space and 6,000 square feet of Loblaw expansions. Year-to-date, Choice Properties completed intensification projects of 43,000 square feet with a weighted average yield of approximately 9%, and an additional 81,000 square feet towards projects scheduled for completion in 2016, adding approximately 64,000 square feet of ancillary space and a 17,000 square foot Shoppers Drug Mart store in Regina, Saskatchewan.
Development Pipeline – The GLA expected to be completed in 2016 includes approximately 400,000 square feet of new GLA for a Loblaw food store in Surrey, British Columbia; a Loblaw food store and a Shoppers Drug Mart store in Barrie, Ontario; and a warehouse expansion in Boucherville, Quebec.
Leasing Profile – During the fourth quarter of 2015, Choice Properties entered into leases for approximately 235,000 square feet of GLA with an average lease term of 9.3 years, including renewals of approximately 42,000 square feet, retaining 42.8% of expiring leases in the quarter and increasing base rent by 11.3% on those renewals.
Occupancy – At December 31, 2015, the Trust's portfolio occupancy rate was 98.6%, compared to 98.1% at December 31, 2014.
Capital Structure:
Capacity to Invest for Further Growth – As at December 31, 2015, the Trust's debt service coverage ratio(2) was 3.6 times. With stable cash flow from operations and access to several funding options; including a $500 million unsecured revolving credit facility, the Trust believes it has the financial capacity to meet ongoing obligations and invest for further growth.
Choice Properties believes it is well-positioned to execute on its growth opportunities. The Trust has a sizable asset base that is geographically diverse across Canada; long-term leases and a strategic alliance with Loblaw; and an accessible development pipeline. As such, Choice Properties expects to leverage stable and reliable cash flows from an anchor tenant with a strong covenant and the potential to create value through development. Combined with its solid balance sheet and investment grade credit ratings, Choice Properties expects to continue to meet its ongoing obligations, provide its Unitholders with monthly distributions and have the capacity to invest in future growth.
The vast majority of Choice Properties' sites are anchored by Loblaw, Canada's leading food and drug retailer. The Trust's leasing strategy is to attract tenants that complement Loblaw's food and drug offerings and that are well suited to consumers' weekly shopping patterns. With a tenant base that offers products and services considered to be essential, Choice Properties believes its portfolio of properties is less sensitive to the cyclical nature of discretionary retailing and the broader economy. This is underscored by continued demand and interest for Choice Properties' retail space in Western Canada, including Alberta where the economic conditions have been the most impacted by the downturn in the resource sector. The Trust remains focused on properties that are well-positioned to respond to changing consumers' preferences and plans to continue to attract and retain tenants at its existing sites and to develop new space for tenants.
The Canadian economy has been in a protracted low interest rate environment. In the event of rising interest rates, the long term, fixed-rate nature of Choice Properties' debt instruments should temper the negative impact of higher interest rates. Given the present relatively low interest rate environment, the Trust believes that capitalization rates will remain range-bound particularly for quality retail real estate which is currently scarce in supply.
This press release contains forward-looking statements about Choice Properties' objectives, outlook, plans, goals, aspirations, strategies, financial condition, results of operations, cash flows, performance, prospects and opportunities. Specific statements with respect to anticipated future results can be found in various sections of this press release and in the MD&A of Choice Properties' 2015 Annual Report. Forward-looking statements are typically identified by words such as "expect", "anticipate", "believe", "foresee", "could", "estimate", "goal", "intend", "plan", "seek", "strive" , "will", "may", "should" and similar expressions, as they relate to Choice Properties and its management.
Forward-looking statements reflect Choice Properties' current estimates, beliefs and assumptions, which are based on management's perception of historic trends, current conditions, outlook and expected future developments, as well as other factors it believes are appropriate in the circumstances. Choice Properties' expectation of operating and financial performance is based on certain assumptions, including assumptions about future growth potential, prospects and opportunities, industry trends, future levels of indebtedness, current tax laws, current economic conditions and no new competition in the market that leads to reduced revenues and profitability. Management's estimates, beliefs and assumptions are inherently subject to significant business, economic, competitive and other uncertainties and contingencies regarding future events and as such, are subject to change. Choice Properties can give no assurance that such estimates, beliefs and assumptions will prove to be correct.
Numerous risks and uncertainties could cause Choice Properties' actual results to differ materially from those expressed, implied or projected in the forward-looking statements, including, those described in section 12, "Enterprise Risks and Risk Management", in the MD&A of Choice Properties' 2015 Annual Report. Such risks and uncertainties include:
changes in economic conditions, including changes in interest rates, and the rate of inflation or deflation;
the inability of Choice Properties to maintain and leverage its relationship with Loblaw, including in respect of: (i) Loblaw's retained interest in Choice Properties; (ii) the services to be provided to Choice Properties (whether directly or indirectly) by Loblaw; (iii) expected transactions to be entered into between Loblaw and Choice Properties (including Choice Properties' acquisition of certain properties held by Loblaw); and (iv) the Strategic Alliance Agreement between Choice Properties and Loblaw;
changes in Loblaw's business, activities or circumstances which may impact Choice Properties, including Loblaw's inability to make rent payments or perform its obligations under its leases;
failure to manage its growth effectively in accordance with its growth strategy or acquire assets on an accretive basis;
changes in timing to obtain municipal approvals, development costs, and tenant leasing and occupancy of properties under development, redevelopment, or intensification;
changes in Choice Properties' capital expenditure and fixed cost requirements;
the inability of Choice Properties Limited Partnership to make distributions or other payments or advances;
the inability of Choice Properties to obtain financing;
changes in Choice Properties' degree of financial leverage;
changes in laws or regulatory regimes, which may affect Choice Properties, including changes in the tax treatment of the Trust and its distributions to Unitholders or the inability of the Trust to continue to qualify as a "mutual fund trust" and as a "real estate investment trust", as such terms are defined in the Income Tax Act (Canada); and
changes in Choice Properties' competitiveness in the real estate market or the unavailability of desirable commercial real estate assets.
This is not an exhaustive list of the factors that may affect Choice Properties' forward-looking statements. Other risks and uncertainties not presently known to Choice Properties could also cause actual results or events to differ materially from those expressed in its forward-looking statements. Additional risks and uncertainties are discussed in Choice Properties' materials filed with the Canadian securities regulatory authorities from time to time, including the Trust's 2015 Annual Information Form. Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect Choice Properties' expectations only as of the date of this press release. Except as required by applicable law, Choice Properties does not undertake to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Choice Properties uses the following non-GAAP financial measures: NOI, FFO, and AFFO. The Trust believes these non-GAAP financial measures provide useful information to both management and investors in measuring the financial performance and financial condition of the Trust for the reasons outlined below.
Management uses these and other non-GAAP financial measures to exclude the impact of certain expenses and income that must be recognized under GAAP when analyzing underlying operating performance, as the excluded items are not necessarily reflective of Choice Properties' underlying operating performance or impact the comparability of financial performance between periods. From time to time, the Trust may exclude additional items if it believes doing so would result in a more effective analysis of underlying operating performance. The exclusion of certain items does not imply that they are non-recurring.
These measures do not have a standardized meaning prescribed by GAAP and therefore they may not be comparable to similarly titled measures presented by other publicly traded REITs, and should not be construed as an alternative to other financial measures determined in accordance with GAAP.
Same Properties Properties that were owned throughout both the current and comparative periods are grouped as same properties for comparative calculations.
Net Operating Income NOI is defined as rental revenue, excluding straight-line rent, from investment properties less property operating costs. NOI is a key performance indicator as it evaluates the operating performance of the portfolio and represents a measure over which management has control. It is also a key input in determining the fair value of the portfolio. The Trust's method of calculating NOI may differ from other issuers' methods and, accordingly, may not be comparable to NOI reported by other issuers.
Net Income (Loss) before Adjustments to Fair Value Net Income (or net loss) as calculated under GAAP excluding adjustments to fair value of Exchangeable Units and investment properties.
Funds from Operations FFO is not a term defined under IFRS and may not be comparable to similar measures used by other real estate entities. Except as otherwise noted, Choice Properties calculates its FFO in accordance with the Real Property Association of Canada White Paper on Funds from Operations for IFRS issued in April 2014. The purpose of the White Paper was to provide reporting issuers and investors with greater guidance on the definition of FFO and to help promote more consistent disclosure from reporting issuers.
An advantage of the FFO measure is improved comparability between Canadian and foreign real estate investment trusts. FFO adds back to net income (or net loss) items that do not arise from operating activities, such as adjustments to fair value. FFO, however, still includes non-cash revenues related to accounting for straight-line rent and makes no deduction for the recurring capital expenditures necessary to sustain the existing earnings stream.
Funds from Operations Payout Ratio FFO payout ratio is calculated as the distribution declared per unit divided by the FFO per unit diluted.
Adjusted Funds from Operations AFFO is a supplemental measure of operating performance widely used in the real estate industry. Choice Properties views AFFO as an alternative measure of cash generated from operations and considers AFFO generated as one of its inputs in determining the appropriate level of distribution to Unitholders. Choice Properties calculates AFFO by adjusting FFO for non-cash income and expense items such as amortization of straight-line rents and finance charges. AFFO includes a reduction for capital expenditures for maintaining productive capacity required for sustaining property infrastructure and revenue from real estate properties and direct leasing costs. Property capital expenditures do not occur evenly over the fiscal year. The property capital expenditures in the AFFO calculation are adjusted to reflect an average annual spending level.
There is currently no standard industry-defined measure of AFFO. As such, Choice Properties' method of calculating AFFO may differ from that of other real estate entities and, accordingly, may not be comparable to such amounts reported by other issuers.
Adjusted Funds from Operations Payout Ratio AFFO payout ratio is calculated as the distribution declared per unit divided by the AFFO per unit diluted.
Choice Properties Real Estate Investment Trust
Calculation of Non-GAAP Financial Measures
For the periods ended December 31
(in thousands of Canadian dollars, except per unit amounts)
Reverse – Straight-line rental revenue
Property operating costs
Net Operating Income(1)
Adjustments to fair value of Exchangeable Units
Adjustments to fair value of investment properties
Adjustments to fair value of unit-based compensation
Loss on disposal of investment properties
Distributions on Exchangeable Units
Amortization of tenant improvement allowances
Internal expenses for leasing(2)
Funds from Operations(1)
Reverse: Finance charge(3)
Reverse: Internalization costs(3)
Funds from Operations(1)(3) excluding other adjustments
Internalization costs
Straight-line rental revenue
Effective interest rate amortization of finance charges
Unit-based compensation expense
Property capital expenditures – incurred
Property and leasing capital expenditures – normalized(4)
Leasing capital expenditures – incurred
Adjusted Funds from Operations(1)
FFO(1)(5) per unit – diluted
AFFO(1) per unit – diluted
AFFO(1) payout ratio
Weighted average Units outstanding – basic
Weighted average Units outstanding – diluted
Number of Units outstanding, end of quarter
Internal expenses for leasing, primarily salaries, of $666 and $1,771 were incurred in the three months and year ended December 31, 2015 respectively, and were eligible to be added back to FFO(1) based on the revision to the definition of FFO(1), in the Real Property Association of Canada White Paper published in April 2014 that provided for an adjustment to incremental leasing expenses for the cost of salaried staff. This adjustment to FFO(1) made results more comparable between real estate entities that expensed their internal leasing departments and those that capitalized the expenses. Choice Properties internalized its leasing function on October 1, 2014. Therefore, there were only three months of internal expenses for leasing for the year ended December 31, 2014 compared to the full year for the year ended December 31, 2015.
For the three months and year ended December 31, 2014, internalization costs of $196 and $2,568, respectively, were added back to net income (loss) to calculate FFO(1) (excluding other adjustments). Also, for the year ended December 31, 2014, non-cash finance charges of $48,911 were added back to net income (loss) to calculate FFO(1) (excluding other adjustments). The non-cash finance charges were the result of accelerated amortization of net debt discounts due to replacement of notes issued to Loblaw in connection with the IPO.
Seasonality impacts the timing of capital expenditures. The AFFO(1) calculations for the three months ended December 31, 2015 and December 31, 2014 were adjusted for this factor to make the quarters more comparable.
The FFO(1) per unit diluted amounts and payout ratio for the three months and year ended December 31, 2014 were calculated using FFO(1) (excluding other adjustments). FFO(1) per unit diluted amounts, before adjustments, were $0.230 and $0.777, respectively, and the payout ratios were 70.7% and 83.7%, respectively.
Selected Financial Information
The following includes quarterly financial information prepared by management in accordance with IFRS and based on the Trust's 2015 Annual Report. This financial information does not contain all disclosures required by IFRS, and accordingly should be read in conjunction with the Trust's 2015 Annual Report, which is available in the Investor Relations section of the Trust's website at www.choicereit.ca.
(in thousands of Canadian dollars)
As at
Equity accounted investments
Accounts receivable and other assets
Notes receivable
Liabilities and Unitholders' Equity
Non-current Liabilities
Long term debt and Class C LP Units
Credit facility
Exchangeable Units
Trade payables and other liabilities
Long term debt due within one year
Unitholders' equity
Consolidated Statements of Income (Loss) and Comprehensive Income (Loss)
(audited)
Net Property Income
Rental revenue from investment properties
General and administrative expenses
Amortization of other assets
Net interest expense and other financing charges
Adjustment to fair value of Exchangeable Units(1)
Adjustment to fair value of investment properties
Net Income (Loss) and Comprehensive Income (Loss)
The Class B LP Units of The Trust's subsidiary, Choice Properties Limited Partnership, are exchangeable into Trust Units at the option of the holder. Loblaw holds all of the Exchangeable Units. These Exchangeable Units are considered puttable instruments and are required to be classified as financial liabilities at fair value through profit or loss. The distributions paid on the Exchangeable Units are accounted for as interest expense.
Amortization of straight-line rental revenue
Value of unit-based compensation granted
Adjustment to fair value of Exchangeable Units
Loss on disposal of investment property
Leasing capital expenditures
Interest received
Net change in non-cash working capital
Acquisitions of investment properties
Additions to investment properties
Additions to fixtures and equipment
Notes receivable issued to third-party
Proceeds of disposition
Cash Flows used in Investing Activities
Issued – Senior unsecured debentures, net of debt placement costs
Retired – Transferor Notes
Principal repayments – Mortgage
Net advancements (repayments)
Debt placement costs
Issued to related party
Repaid by related party
Cash received on exercise of options
Distributions paid on Exchangeable Units
Distributions paid to Unitholders
Contribution from non-controlling interest
Cash Flows used in Financing Activities
Change in cash and cash equivalents
Cash and cash equivalents, beginning of year
Cash and Cash Equivalents, end of year
Management Discussion and Analysis and Financial Statements and Notes
Information appearing in this news release is a consolidated select summary of results. This news release should be read in conjunction with Choice Properties' Annual Report to Unitholders, which includes the consolidated financial statements and MD&A for the Trust and is available at www.choicereit.ca and on SEDAR at www.sedar.com.
Conference Call and Webcast
Senior management will host a conference call to discuss the results on February 18, 2016 at 10:00AM (ET). To access via teleconference, please dial (647) 427-7450. A playback will be made available two hours after the event at (416) 849-0833, access code: 18882180. To access the conference call via webcast, a link is available at www.choicereit.ca in the "Events and Webcasts" section under "News and Events".
About Choice Properties Real Estate Investment Trust
Choice Properties Real Estate Investment Trust is an owner, manager and developer of well-located commercial real estate across Canada. Choice Properties' portfolio spans approximately 41.6 million square feet of gross leasable area and consists of 519 properties primarily focused on supermarket and drug store anchored shopping centres and stand-alone supermarkets and drug stores. Choice Properties' strategy is to create value by enhancing and optimizing its portfolio through accretive acquisitions, strategic development and active property management. Choice Properties' principal tenant and largest Unitholder is Loblaw Companies Limited, Canada's largest retailer. Choice Properties' strong alliance with Loblaw positions it well for future growth. For more information, visit Choice Properties' website at www.choicereit.ca and Choice Properties' issuer profile at www.sedar.com.
SOURCE Choice Properties Real Estate Investment Trust

redpajama_set_name: RedPajamaCommonCrawl


text:
Пу́хату (устар. Пуххато, Пюхату, Суур-Пюхате; , Puhato järv, Suur Pühatu järv) — озеро на северо-востоке Эстонии, располагается на территории  волости Алутагузе в уезде Ида-Вирумаа. Относится к водосборному бассейну ручья Пухату.

Площадь озера составляет 20,9 га (по другим данным — 20,5 га).

Пухату представляет собой сточное дистрофное озеро, находящееся в болоте Пухату на высоте 37,1 м над уровнем моря, в 9 км к юго-востоку от деревни Куремяэ.

Площадь водосборного бассейна озера равняется 4,8 км² (по другим данным — 4,6 км²). Сток из Пухату идёт на юг в соседнее озеро Корпони.

Примечания

Бассейн Нарвы
Озёра Ида-Вирумаа
Алутагузе (волость)

redpajama_set_name: RedPajamaWikipedia


Τhe Basketball Champions League has made a key appointment with Patrick Comninos becoming its Chief Executive Officer.
Comninos, who had headed UEFA's Club and National Team Operations since January 2012, will be in charge of establishing and administering the Basketball Champions League – the innovative 50-50 partnership between FIBA and 10 top European leagues – as a top level competition in Europe, set to tip off in September. "I look forward to this new challenge and to the opportunity of contributing to this unique project that is the Basketball Champions League. I feel confident that my experience can be useful in this new project which aims to deliver a great competition for the participating clubs," he said.
Markus Studer, the Chairman of the Basketball Champions League's Board of Directors, welcomed Comninos's appointment. "Patrick Comninos has proven himself to be the ideal candidate for this position. He has the leadership qualities and know-how required to head up the Basketball Champions League and provide the boost required to make this truly pan-European club competition a reality," he said.
Prior to his time at UEFA, Comninos spent more than five years as General Manager of Superleague Greece, the highest professional football league in Greece. He had previously served as Director for the Olympic Football Tournaments of the Athens 2004 Olympic Games. The 47-year-old holds degrees in law from University College London as well as in international relations from Georgetown University in Washington D.C. and speaks four languages (Greek, English, French and Spanish). Patrick Comninos will assume his new role as of 1 August 2016.


text:
Q: Sql-Get time ranges from million+ rows for particular condition I am working with SQL Server 2012, I have a table with approx 35 column and 10+ million rows.
I need to find time ranges from across the data where the value of any particular column is matching
E.g.
The sample data is as below
 Datetime        col1  col2  col3
2018-05-31 0:00     1   2   1
2018-05-31 13:00    2   2   2
2018-05-31 14:30    3   2   1
2018-05-31 15:00    4   3   1
2018-05-31 16:00    4   5   1
2018-05-31 17:00    3   2   2
2018-05-31 17:30    3   2   4
2018-05-31 18:00    2   2   4
2018-05-31 20:00    1   2   6
2018-05-31 21:00    2   2   3
2018-05-31 21:10    2   2   1
2018-05-31 22:00    1   6   3
2018-05-31 22:00    4   5   1
2018-05-31 23:59    4   7   2

Find the time range from data where col2 value =< 2, accordingly my expected result set is as below
Start Time           End time           Time Diff
2018-05-31 0:00     2018-05-31 14:30    14:30:00
2018-05-31 17:00    2018-05-31 21:10    4:10:00

I can achieved the same with below logic, but it's extremely slow
I get all rows and then

*

*Order by date_Time

*Scan the rows get the first row where exactly value is matching and record that timestamp as start time.

*Scan further rows till i get the row where condition is  breaking and record that timestamp as end time.
But as i have to play with huge no. Of rows, overall this will make my operation slow, any inputs or pseudo code to improve the same.

A: We can use a slightly modified difference in row number method here.  The purpose of the first CTE labelled cte1 is to add a computed column which labels islands we want, having a col2 values <= 2, as 1 and everything else as 0.  Then, we can compute the difference of two row numbers, and aggregate over the islands to find the starting and ending times, and the difference between those times.
WITH cte1 AS (
    SELECT *,
        CASE WHEN col2 <= 2 THEN 1 ELSE 0 END AS class
    FROM yourTable
),
cte2 AS (
    SELECT *,
        ROW_NUMBER() OVER (ORDER BY Datetime) -
        ROW_NUMBER() OVER (PARTITION BY class ORDER BY Datetime) rn
    FROM cte1
)

SELECT
    MIN(Datetime) AS [Start Time],
    MAX(Datetime) AS [End Time],
    CONVERT(TIME, MAX(Datetime) - MIN(Datetime)) AS [Time Diff]
FROM cte2
WHERE class = 1
GROUP BY rn
ORDER BY MIN(Datetime);

Demo

redpajama_set_name: RedPajamaStackExchange


text:
Šišinec is een plaats in de gemeente Lekenik in de Kroatische provincie Sisak-Moslavina. De plaats telt 65 inwoners (2001).

Plaats in Sisak-Moslavina


text:
2.1 World leaders
May 19, 1890 – Ho Chi Minh, prime minister (1946–1955) and president (1955–1969) of North Vietnam
September 15, 1890 – Agatha Christie, English writer
October 2, 1890 – Groucho Marx, American comedian
October 14, 1890 – Dwight D. Eisenhower, president of the United States 1953–1961
November 22, 1890 – Charles de Gaulle, president of France 1958–1969
June 9, 1891 – Cole Porter, American musician
January 3, 1892 – J.R.R. Tolkien, English author
May 7, 1892 – Josip Broz Tito, president of Yugoslavia 1953–1980
December 26, 1893 – Mao Zedong, Chairman of the Communist Party of China
World leadersEdit
Prime Minister John Sparrow David Thompson (Canada)
Prime Minister Sir Wilfrid Laurier (Canada)
Emperor Franz Josef (Austria-Hungary)
Kaiser Wilhelm II (German Empire)
Chancellor Leo von Caprivi (German Empire)
King Umberto I (Italy)
Czar Alexander III (Russia)
Czar Nicholas II (Russia)
Queen Victoria (United Kingdom of Great Britain and Ireland)
Prime Minister Robert Arthur Talbot Gascoyne-Cecil, 3rd Marquess of Salisbury (United Kingdom)
Prime Minister William Ewart Gladstone (United Kingdom)
Prime Minister Archibald Philip Primrose, 5th Earl of Rosebery (United Kingdom)
President Benjamin Harrison (United States)
President Grover Cleveland (United States)
President William McKinley (United States)
Shahs of Persia (Qajar dynasty)
Nasser-al-Din Shah, 1848–1896
Mozzafar-al-Din Shah, 1896–1907


text:
Q: Geometric warping showing black image I am having an issue with geometric warping, basically warping an image in the perspective of a top down view. Without using points.
 What I have:

*

*I have an image looking at a 45deg angle (i.e) F is the location of my camera pointing down

*This paper on what I want to do. Page 2 has the main formula

*Main function used in opencv cv::warpPerspective to active this warped image

*I have the necessary Ccam1_cam2 roation (assuming my math is correct)

 What I have done:

*

*I have generate an H matrix using the formula from the paper.

*Tested if there was no translation only a rotation i.e H=R if that would make the warped image look any better.

*Looked at my x,y values from the warped image and notice that they are <1 which is bad because they need to be in the range of 400x530 which is the original image.
Code:
cv::Mat  hmatrix = (cv::Mat_<double>(3,3) << H.c11, H.c12, H.c13,
                       H.c21, H.c22, H.c23,
                       H.c31, H.c32, H.c33);
lfImg = cv::imread("undistortedsmall.bmp", 0);
imshow("not warped image", lfImg);
cv::waitKey(0);
cv::Mat warpedimg;
cv::Scalar borderValue;
cv::warpPerspective(lfImg, warpedimg, hmatrix ,lfImg.size(),cv::INTER_LINEAR,cv::BORDER_CONSTANT,borderValue);

imshow("warpedImage", warpedimg);

*I have taken points from a top down image with the corresponding points from my 45deg image and generated a H matrix that warps well. Just to see what the H matrix could look like. But the scale is completely different.
example:
 My generated H Matrix:
      0.240053 0.859119 -0.451983
      0.689905 -0.478534 -0.543171
      -0.682938 -0.181435 -0.707585

 pt generated H matrix
     0.894764 3.37653 77.6052
     -0.950235 2.02846 240.977
     -8.73899e-05 0.00384326 1

 What I want:
A Top down warping of the that image without using points extracted from the image.
 The Problem
    Black screen (if I scale the matrix my some multiple lets say *100)
    I get an incorrect warping but at least something that is visable

A: Since you haven't shown full code that generates values in H - it is hard to say for sure, but you may be missing an intrinsic parameters matrix (also often referred as camera calibration matrix).
It is not mentioned in the paper you have provided, which means they work with so called 'normalized' or 'uncalibrated' homography. When you generate a homography from point corresponedences you obtain a 'calibrated' homography and get expected results.
Consider section 3D plane to plane equation here. As you can see R-(t*n^t)/d is premultiplied by matrix Ka and postmultiplied by Kb^-1(inverted second camera's intrinsic matrix), in order to produce a 'calibrated' homography. If both images are taken with a same camera you can assume Ka = Kb.
So, in order to obtain 'calibrated' homography you can use expression Hc = K * H * K^-1, where Hc is calibrated homography, H is uncalibrated homography, and K is calibration matrix.
Now, you need to extimate K. Ideally you should perform camera calibration in order to get it, but if you know camera's focal length you can use a somewhat rough approximation as follows:
    | f, 0, cx |
K = | 0, f, cy |
    | 0, 0,  1 |

where f is camera's focal length in pixel units, and (cx, cy) are the coordinates of principal point (you can use (w/2, h/2) where w and h are image's width and height in pixels)


text:
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text:
Jessica Sawyer
Dirt roads become ACT II's first big issue
The allure of a red dirt road is romanticized throughout country music catalogs, but did you know that dirt roads can present a very real justice problem for the people living along them?
The members of ACT II, Ecumenical Ministries' justice initiative, know this so well it became one of the first issues they tackled after forming 25 years ago.
ACT II is made up of member chapters across Baldwin County, each tackling the issues that rise to the top from the root of their individual communities. In the mid-1990s, paving the dirt roads became a connecting issue that joined the chapters as one.
"Marlow and Bromley were operating separately," said Dan Hanson, Community Development Director. "Bromley decided they wanted to do dirt roads and Marlow decided they wanted to do it, too."
The independent organizations worked separately for a year, meeting with Baldwin County commissioners and doing research but neither could make progress.
"They were always told there was no money," said Hanson. "They were told it would take $400,000 a mile to pave a road, but eventually with research our people realized it would only cost about $50,000. One of the things in research is you don't stop with the first person."
"You talk to somebody else and somebody else and the story changes every time," Hanson said. "It's never the same."
It's also one reason a tenet of ACT II is to go in dumb and come out smart.
When Marlow and Bromley decided to do a joint action public meeting together, the movement gained some ground but not enough. As they began to bring in people from other parts of the county, ACT II began to galvanize.
"Until then it was two entirely different communities working independently," Hanson said. "When they came together, they made progress."
The progress was unstoppable and required extreme determination.
Katie Hall, a longtime member of the group, can easily name every safety issue the dirt roads presented.
"People were tired of living on dirt road and everything getting paved around them," Hall said. "There were a lot of roads that I drove school buses on and we couldn't get over them. Another one, they couldn't even get to it on a rainy day with an ambulance to get to someone to get her to the hospital."
In many cases throughout Baldwin County, members could point to road paving situations in which the county paved a road right up to a road that led to a wealthy homeowner - and then stopped. Today, members still point to those instances as proof of the rampant "good old boys" situation in the county.
"We just felt like they could do better so we started putting pressure on them," Katie said. "We didn't think it was doing us a bit of good, but we didn't let up. And I think they got afraid to see us coming."
Al Mullek, another devoted member, said residents of the dirt roads had to continually bear the brunt of the fallout caused by the failure to pave.
"The ones who work in the restaurants, the hotels, the convenience stores, these are the minimum wage workers who can't afford to live in upscale housing subdivisions; these are the people who live on the dirt roads," Mullek said. "They're the ones who have to
buy the used cars that my mechanic says are torn apart by the dirt roads."
What's more, the hazardous driving conditions weren't the only problems the dirt roads created. When band-aids in the form of clay were used, the clay ended up in watersheds resulting in an environmental problem.
With the power of the ACT II network behind them, the Baldwin County Grassroots Road Paving Organization was formed and began in earnest to help right the wrongs created by the plethora of dirt roads throughout the county.
"These guys live on the dirt roads, they're the ones who do the research," said Michelle Kurtz of Ecumenicial Ministries. "The strength of this organization is that there are maybe about 200 people who at one time have been involved - so when we want to know how the county takes care of it's roads, we have 200 people who can tell us."
When members of the road paving organization go to meetings with road officials or county commissioners, they make sure to have at least 10 different stories of road conditions from those who live on the roads. In many instances, that number has been far higher. In all cases, the power of the first-hand stories can move the mountains created by bureaucracy.
"We've had meetings where there have been over 100 residents who live on dirt roads present with the whole county commission," Mullek said. "I think that's what it took to make them realize there's a lot of people who are concerned."
During a meeting in 1998, Hall represented the county's bus drivers during a Baldwin County Commission meeting on the road-paving issue.
"The commissioners were behind me in the room," Hall said. "They kept saying 'We've got this to do and that to do and the other to do' and I got fed up. I turned around half-facing them and said 'We're not asking you to pave our streets gold, we're just asking you to put asphalt on them.'"
Once officials finally began to understand how concerned the citizens truly were, changes began to take place. One such change was the implementation of a fairness policy championed by ACT II. The policy deals with myriad criteria: can a school bus go easily down the road; do any handicapped live on the road; how many families are affected; what is the environmental effect?
"We don't complain, complain, complain - we find ways to fix the problems," said Kurtz. "We started talking to people who live on dirt roads and asked 'What is fair criteria as to where the asphalt should go down?'"
Armed with input from the affected citizens, the group met with and educated commissioners and go their agreement before having them sign boards that said they would abide by the policy.
"This is a good example of regular people developing a guideline that rules and affects their lives," Mullek said. "We haven't had an action meeting where we haven't had success. Now you can go to the county commission and they have a handbook that has all the policies in it."
The faith of members carries them through the successes and the frustrations. Mullek, whose family has lived in the county for more than 100 years, notes that the ecumenical spirit with which they operate extends to longtime residents as much as it does to newer ones.
"We're not just parishioners of the same church," he said. "We are concerned about the people of Baldwin County and we are pleased that there are so many people who find the lifestyle so ideal they would move here. But what about those of us who have lived here for years and call this home? There have been so many changes that I feel like some areas have been left behind."
The institutional knowledge the core group of members holds allows them to strategize and go toe-to-toe with politicians and leaders. But even with the decades of work done by members, a large number of dirt roads still exist in the county today: 80 miles in Commission District 4 and 50 miles or less in Commission Districts 1-3. Until all the roads are paved - and all citizens have the same access - ACT II members will persist in their mission with a dogged determination to hold the feet of officials to the fire.
"By God's strength and encouragement, I think about these people who need it and it pushes me to go on," Hall said. "It's just such a thing of injustice that if I'm going to do anything about it I'll try. When you get to meet these people and see how deeply hurt they are with it, it ought to make a difference to anybody."
From small beginnings to big impact: ACT II makes Baldwin better
The Ecumenical Ministries office on Fairhope Avenue may be small but it produces the mightiest of work.
And for 25 years the office has been the hub for its social justice initiative, ACT II, an organization quietly making deliberate steps of great change for Baldwin County to the tune of more than $50 million in impact.
From paving dirt roads to ensuring clean water for citizens, lobbying for sidewalks to restoring homes in dire need of repair, this faithful group of faith-filled members has courageously tackled justice issues in their own backyards.
Since 1992, Dan Hanson has led the group step by step through a model created by the PICO Network, a national faith-based group in which congregations of all denominations and faiths serve as the institutional base for community organizations. Early on in the process, Hanson enlisted the help of Bishop Manuel Watson of the Bromley community.
"He was interested but didn't want to step on other clergy toes, and he wasn't even sure about me so he asked me to go and talk to other clergy in Bromley," Hanson said. For two months Hanson worked to engage other clergy in Bromley and for two months he was rebuffed.
"While everybody talked a good talk, we just couldn't get good follow-through," Hanson said. "I was talking to Bishop and he finally just stood up and said 'Somebody's got to do it and if the church doesn't, then who will?'"
Watson remembers well when Hanson returned to him and even better when they finally convinced six clergy members to sit down for a conversation.
"We finally got together and started talking," Watson said. "We were meeting at different churches in our area - Catholic, Baptist, Holiness, Full Gospel, Presbyterian - we were all meeting there in different churches. That's how we came up with the name All Churches Together."
"Our model works community justice through faith," Hanson said.
It's a model that has served the group well. The interdenominational and non-partisan members use their faith to help their fellow neighbors seek justice for the issues that matter most to them.
"When you begin a group, you train people to do one-on-one visits," said Michelle Kurtz, Community Development officer at Ecumenical Ministries. "Then you come together twice a month. We make a graph, list the issues and after about three to six months what happens is you start hearing the same things over and over again and you know you've probably done enough interviews."
The one-on-ones empower and equip ACT II to do work for their fellow citizens.
"Talking to so many people is what gives you the right to say what people want," Hanson said. "We as an organization have talked to the community, when we say this is what the community wants it comes from all of our research and you can prove it."
After the one-on-one interviews are completed and the most pressing issues from the community have risen to the top, action meetings are held.
"When it's time to pick an issue, we invite everyone who participated in the one-on-ones to the meeting where we review the issues that have been talked about," Kurtz said. "We don't fight it out, we don't listen to the person with the loudest voice. We ask what would Jesus do. And not just that, also some very pragmatic things like how many people are affected, is it tangible, if we worked on this issue would people actually see a difference."
This community-driven process is key for the model.
"Community leaders are the top, but if you really want to do good democratic stuff you want the people in your community to tell you what they want," he said. "Sometimes the leaders tell you right, sometimes the leaders tell you wrong. The question is what do the people really want."
Through 25 years, and lots of trial and error, it has gotten better. And though ACT II is no longer a member of the PICO Network, both Watson and Hanson credit that rock-solid model and the faith of those practicing it for the success.
It's also helpful that the ACT II model is the only one of its kind in the region.
"There are some groups that don't really have that kind of aggressive training and that national expertise; it's one of the things that kind of makes us unique in this area," Hanson said. "Since much of what we do is based on their model, there are other organizations around the country that do what we do, but we're unique in this area."
Across all aisles, the group has a simple goal: to make systemic change in communities and to remain faith-based.
"It's important that it be faith-based," Watson said. "If we want to get something done we have to make sure the Lord is involved in it. We can't do anything without the Lord. We want to make sure what we do is right."
One of the criteria for selecting an issue is what the spiritual ramifications are on a community, and organizers genuinely want to make sure that God is first in their processes.
"One way to see a church is that it is a tightly organized organism that can do the work for you; you have people who've already agreed to what their values are," Kurtz said. "The second thing is called instrumentalizing the church, talking to people about doing the right thing but not talking about their faith in a genuine way. The organizer has totally different presuppositions and is not even tapping into the real reality, which is the spiritual reality. We're all fallen and we all need the forgiveness that comes from Christ. What good does it do if Joe Schmoe says he forgives me? It comes from Christ. Other organizers don't do that."
The longevity of the organization is due, in part, to staff along with a group of committed volunteers.
"We don't build our leadership around a specific issue," Hanson said. "The issue is always the healthiness of the community. That's why being church-based is so important, people kind of naturally think that way there. We're about healthiness and justice in our community."
For Watson, the first clergy member to say "yes" to ACT II, the hard work is worth it.
"I love seeing things being done in our community to make it a better place to live," said Watson. "We want our community, and this county, to be the best in Alabama."
Deep-dive with ACT II
During October, Journey to Justice will host "Deep Dive" discussions of justice, the Bible, the church and Baldwin County at Eastern Shore churches beginning Oct. 5.
These discussions will be small conversational groups of about 15 people, counting clergy with no lectures but genuine conversation for about 90 minutes.
Deep Dives will avoid current hot-button issues, and certainly avoid the partisanship that divides. Instead, Deep Dives will explore the nature of Justice itself and wonder how it relates to our faith. What is the Biblical definition of Justice and does it matter? Is there a difference between Justice and Charity? If we extend Mercy, do we deny Justice? Should churches engage in community justice issues, and if so how? We'll ponder these and other questions, including the judicious character of our own communities.
Clergy from several churches and representatives of ACT-II will facilitate these Deep Dive discussions. ACT-II – All Churches Together – has quietly and successfully engaged significant community issues in affluent and poor, black and white Baldwin communities for 25 years.
Participation is limited in order to keep the experience conversational. To participate, email Dan Hanson at dhxtwo@yahoo.com.
Participate in a group read!
In celebration of ACT II's 25 years of justice work in Baldwin County, Ecumenical Ministries is hosting a series of events to celebrate is accomplishments and create awareness and support for the future. Through a group read of "Just Mercy," by Bryan Stevenson, we hope to examine justice work presented by Bryan Stevenson and discuss justice work being done here and now in Baldwin County.
Our goal is to bring the community together while creating awareness of the need for equal justice and presenting actions that can be taken to bring about real change.
To obtain a book discussion guide that ties the major themes of Stevenson's work to the past 25 years of work by ACT II and EMI, email jessica@jms-communications.com.
Here's a list of book discussion events currently scheduled. To have your event added, please email jessica@jms-communications.com.
Thursday, Oct. 12, 10 a.m.: Fairhope Public Library board room
Wednesday, Oct. 18, 5:30 p.m.: The Book Cellar at Page and Palette, Fairhope
Sunday, Oct. 22, 1 p.m.: Fairhope Brewing, Fairhope. Join the Rev. Thack Dyson of St. Paul's Episcopal in Daphne and the Rev. De Freeman of St. James Episcopal in Fairhope for an afternoon discussion of "Just Mercy."
Want more? Find out about our Deep Dive discussions here.
Sally Deane
Chapter 3: Sample Blog