Thursday, February 26, 2009

Advocate Goes Part Time

An open letter to Advocate readers

Feb. 26, 2009

Dear Readers:

This is not the letter I hoped to be posting four months after starting the Advocate, but if an online news service is going to yell 'transparency' at every turn, it had better be willing to play by it's own rules.

Put plainly, as a business venture, the Advocate is failing.

Our business model has four indexes to track growth and predict success of the venture: Readership, community involvement, classified use and, of course, paid advertising. I am sad to report that we are faltering badly on three of those.

While readership numbers have climbed steadily since it's inception, now topping 3000 total page hits, and over 300 readers a week, the sparse use of the 'Classifieds' section, and almost no interest in paid advertising has failed to instill lender confidence, thus denying us access to funding needed to expand the staff, or to go to print with a weekly paper.

These are failures that I blame on my own lack of salesmanship and failure to factor in funding for advertising, believing that word-of-mouth and easy internet linking would be sufficient to get the word out.

Community involvement has to be graded as mediocre. Institutions such as the local colleges, government offices and law enforcement, realizing that every information outlet has value, have been willing contributors.

But surprisingly, organizations like ISD boards, economic development agencies and even chambers of commerce have been less than cooperative, many failing even to return messages or respond to letters of introduction.

In short, the shoe-string budget we were operating on is gone, and the need to pay personal bills now has to override both desire to publish and belief in the need for a service like this for Upshur County.

The site will stay open, but article postings won't be daily events.

In closing, I would like to thank everyone who is providing information and news releases, and the readers who return daily looking for timely and topical news of interest to Upshur County and the surrounding area.

Sincerely,

DeWayne Spell

Tuesday, February 24, 2009

Upshur County Sheriff's Report - Feb. 16th to Feb. 22nd

The Sheriff's Office handled 129 calls this week, resulting in 43 arrests.

GILMER, TX, Feb. 23, 2009 -- Sheriff Anthony Betterton reported today that 129 calls for service were reported to the Upshur County Sheriff's Office between the dates of 2-16-09 and 2-22-09.

Sheriff Betterton also reported that 43 people were booked into the Upshur County Jail on a variety of charges which include Driving while license invalid, Theft, Resisting Arrest, Federal Detainer, Burglary of a Habitation, Assault, Possession of Marijuana, Manufacturing and Delivery of a Controlled Substance, Revocation of Probation, DWI, Criminal Mischief, Sexual Assault to a Child, Stolen Vehicle, Fail to Identify as a Fugitive, Burglary of a Building, Harassment, Criminal Trespass, Issuance of a bad check, Disorderly Conduct and traffic.

There were also 46 people released from the Upshur county jail.

Read More...

Monday, February 23, 2009

Property Appraisal Reform Bills Filed In Austin

Rep. Creighton files appraisal reform bills

AUSTIN, TX, Feb. 23, 2009 -- Confused at how the county arrived at your property's appraised value? Several bills filed recently by Representative Brandon Creighton (R-Conroe), aim to end that, as well as give voters more control on who sits on property appraisal boards.

Creighton filed HB 1547, which would require appraisal districts to post on their website an explanation, in plain language, of the methods they use to appraise residential property. They must also indicate which method is used most frequently in the district.

"The goal of this legislation is to give taxpayers a better understanding of how their home's value was reached," said Creighton. "Homeowners deserve to have an explanation of the process, and it will better prepare them if they choose to go through the appeals process."

Another Creighton bill, HB 1548, allows counties to set requirements for the board of directors of appraisal districts. If a county chooses, they can require that the board be elected officials of taxing entities within the appraisal district, such as city councilmen or school board members.

"This measure will allow the public more oversight of the board by making directors responsible to voters," said Creighton. "Montgomery County already voluntarily uses this practice, but this legislation will allow counties around the state to ensure that future boards have improved public oversight."

Creighton says meaningful appraisal reform is a priority of his so that taxpayers see relief from constantly rising property tax bills.

"True tax relief will not be seen until we have more transparency and public oversight in the appraisal process as well," said Creighton.

Gilmer City Council Eyes Beefing Up Police Force

COPS grant would fund two Gilmer Police Department positions

GILMER, TX, Feb. 23, 2009 -- The Gilmer City Council will hold a regular meeting Tuesday, Feb. 24th, at 5:15 p.m. in the Council Chambers at City Hall.

The council will consider applying for a grant from the Community Oriented Policing Services (COPS) for funds to hire more police officers.

Gilmer City Manager Jeff Ellington says the grant would provide funds to hire two officers for three years, and the city would be responsible to fund at least one more year after that.

Members will also consider instituting an Identity Theft Program, aimed at training city workers on how to handle sensitive personal information, and how to spot and prevent identity theft.

The complete City Council Agenda follows:



1. CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE

2. CONSIDER AND ACT ON APPROVING MINUTES FROM THE FOLLOWING MEETING:
(ENCLOSURE)
A. Regular Stated Session — February 10, 2009

3. CONSIDER AND ACT ON ORDINANCE NO. 09-002 ESTABLISHING AN IDENTITY THEFT
PREVENTION PROGRAM, TO SET OUT DEFINITIONS, POLICIES AND PROCEDURES
FOR IMPLEMENTATION OF THE IDENTITY THEFT PREVENTION PROGRAM; TO
PROVIDE A REPEALING CLAUSE, TO PROVIDE A SAVINGS AND SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE (ENCLOSURE)

4. CONSIDER ACCEPTANCE OF PARK FUNDS FROM THE GILMER AREA CHAMBER OF
COMMERCE (ENCLOSURE)

5. CONSIDER AND APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE COUNTY
OF UPSHUR AND THE CITY OF GILMER FOR MAINTENANCE AND REPAIRS TO
ROADS (ENCLOSURE)

6. CONSIDER EXECUTION OF COMMUNITY AND BUSINESS AGREEMENT FOR
INFRASTRUCTURE PROJECT, TEXAS CAPITAL FUND #728342 (THE DUOLINE
PROJECT ON HIGHWAY 271 SOUTH) (ENCLOSURE)

7. CONSIDER AUTHORIZATION TO APPLY FOR A GRANT FROM THE COMMUNITY
ORIENTED POLICING SERVICES (COPS) PROGRAM FOR THE GILMER POLICE
DEPARTMENT (ENCLOSURE)

8. CONSIDER AND ACT UPON APPROVING THE BILL LIST (ENCLOSURE)

9. ADJOURN
The agenda can be found online at http://www.gilmer-tx.com/?page_id=6.

Read More...

Sunday, February 22, 2009

Mt. Pleasant Bank Calls, Emails May Be Fraudulent

Consumer Alert: Beware Of Unsolicited Calls, E-Mails Claiming To Be From American National Bank In Mount Pleasant

AUSTIN, TX, Feb. 20, 2009 -- Texans should be aware that telephone calls purporting to originate from the American National Bank of Mount Pleasant may actually be from identity thieves attempting to steal from bank customers.

Bank customers have reported receiving text messages, spam e-mails and phone calls. The messages request bank customers’ account information and debit card information. The Mount Pleasant-based bank’s customers are asked to provide their account information. American National Bank customers should not call the number or communicate with any third party about their account information. The individuals responsible for the calls and e-mails are attempting to obtain customers’ personal identifying information.

To be clear, Texans must not respond to an unsolicited e-mail or telephone calls seeking sensitive personal or financial information. Legitimate banks do not call or e-mail customers seeking this information. Texans should delete the e-mail or hang up the phone.

American National Bank customers who receive these unsolicited calls should report them to Phonebusters at (888) 495-8501, or the U.S. Secret Service Houston Field Office at (713) 868-2299.

Source: AG Release

Friday, February 20, 2009

Perry To Obama: We Disagree, But We'll Take The Dough

Ending speculations of a Texas refusal, Gov. Perry notified President Obama in writing that Texas wants it's fair share

AUSTIN, TX, Feb. 18, 2009 -- In a letter to President Barack Obama Wednesday, Gov. Rick Perry sharply disagreed with the President's approach to stimulus, but laid claim to what he called Texas' "fair share".

In the letter, Perry said the state would use the funding "...to promote economic growth and create jobs in a fiscally responsible manner that is in the best interest of Texas taxpayers."

Text of the letter follows:

February 18, 2009

The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, NW
Washington, D.C. 20500

Dear Mr. President:

I'm writing you today in response to stipulations set forth in H.R. 1, the $787 billion stimulus package you signed into law yesterday. As you know, I have been vocal in my opposition to this legislation because I believe there are better ways to reinvigorate our economy and believe H.R. 1 will burden future generations with unprecedented levels of debt.

Throughout the years, Texas taxpayers have sent substantially more dollars to Washington than we receive on issues ranging from transportation to border security and hurricane relief. As I have said during the debate on H.R. 1, should Congress pass stimulus legislation using Texas tax dollars, I would work to ensure that our citizens receive their fair share.

On behalf of the people of Texas, please allow this letter to certify that we will accept the funds in H.R. 1 and use them to promote economic growth and create jobs in a fiscally responsible manner that is in the best interest of Texas taxpayers. I remain opposed to using these funds to expand existing government programs, burdening the state with ongoing expenditures long after the funding has dried up.

I continue to believe that the best way to stimulate the economy is the approach we are taking here in Texas. As a result of low taxes, controlled government spending and a predictable regulatory climate, nearly 80 percent of all jobs created last year in the United States were created in Texas; the vast majority of these were private sector jobs. Just last week, Texas was ranked the top exporting state in the nation for the seventh year in a row.

It was a pleasure meeting you in Philadelphia, and I appreciate your concern for the Texans displaced by Hurricane Ike. While we differ on solutions to the ongoing economic crisis facing our country, I believe we both share a desire to see our great nation endure as a beacon of freedom and economic vitality to the world.

Sincerely,
Rick Perry
Governor
Source: Gov. Perry Release

Read More...

Agencies Team Up To Address Texas Food Safety

TDA and AgriLife roll-out a new program to improve on-farm sanitation practices

Feb. 19, 2009 -- Two state agencies are joining forces to combat the devastating disruptions that occur when the food safety of farm products is called into question, according to a vegetable specialist with the Texas AgriLife Extension Service.

The Texas Department of Agriculture and AgriLife Extension are creating a program to help fruit and vegetable growers develop safety procedures that could help prevent food scares, said Dr. Juan Anciso.

“When edible farm products are linked to possible outbreaks of E. coli or Salmonella, the economic ripple is huge and many people suffer – consumers, farmers, packers, shippers, grocers, advertisers, lots of people,” Anciso said.

Read More...

Thursday, February 19, 2009

FEMA Individual Assistance Registration Deadline Is Tomorrow

Clock on Ike assistance runs out Friday at midnight

AUSTIN, TX, Feb. 19, 2009 -- Texans affected by Hurricane Ike have until midnight Friday, February 20, to register with the Federal Emergency Management Agency for assistance under the FEMA Individual and Households Program. A pre-screening questionnaire and registration may be completed online at http://www.disasterassistance.gov or at 1-800- 621- FEMA.

The registration deadline for Hurricane Ike has been extended five times at the state's request to allow affected Texans the opportunity to receive assistance under the Individual and Households Program. This is the final deadline.

Since Hurricane Ike made landfall on September 13, 2008, more than 733,000 families have registered for assistance with FEMA.

Source: Gov. Perry Release

NET RMA Sets Sights On Stimulus Money, I-49 Tolls

NET RMA Board of Directors continues to seek funding

LINDEN, TX, Feb. 18, 2009 -- The North East Texas Regional Mobility Authority (NET RMA) continued to focus on funding at its Board Meeting on Wednesday, voting on an Interlocal Agreement with a member county, supporting a resolution to seek stimulus funding, and asking that Toll 49 toll revenue be redirected toward the NET RMA.

During the meeting, the Board of Directors voted to enter into an Interlocal Agreement with Rusk County to further develop Loop 571 around Henderson. The Board also considered a resolution to seek Federal stimulus funding for transportation projects in northeast Texas.

The $787 billion stimulus bill, which was signed by President Barack Obama on Tuesday, is expected to provide the state of Texas with up to $2.2 billion in funding for highway projects and $2.5 billion in overall transportation funding.

The NET RMA affirmed the resolution, and said it would support the projects that have been submitted for consideration by the Texas Department of Transportation (TxDOT) Tyler and Atlanta districts.

“We look forward to learning more about what will be in the stimulus package,” said NET RMA Chairman Jeff Austin, III. “We have projects that are essential to the economic growth and quality of life of our region’s citizens, so we would like to be considered.”

Read More...

Sixth Court Of Appeals Dismisses Walsh Appeal

Court finds convicted felon waited too long to file, cites 'lack of jurisdiction' in dismissal

TEXARKANA, TX, Feb. 19, 2009 -- Finding that he had waited three days too long to file for an appeal or new trial, a three judge panel of the Sixth Court of Appeals today dismissed the appeal of former Aryan Brotherhood general John Wesley Walsh for want of jurisdiction.

Walsh, 43, was convicted by jury trial in the 115th District Court in September, 2008 for Burglary of a Habitation, and sentenced to Life in prison by Judge Lauren Parish on October 15, 2008.

Deemed an 'habitual offender', the Life penalty took into account a 1982 conviction of Walsh in Bexar County of Murder.

According to the opinion released today by the court, the period to file for an appeal or a new trial expired 30 days later, on Nov. 14th. Walsh filed a motion for a new trial on Nov. 17th, three days after the opportunity had lapsed, and a notice of appeal on Dec. 30, 2008.

Without timely notice, the opinion says the court has no jurisdiction over an appeal.

Texas Politicians Introduce Legislation Targeting Online Predators

Attorney General Abbott, Senator Cornyn, Congressman Smith join forces to protect Texas children from predators

AUSTIN, TX, Feb. 19, 2009 -- Texas Attorney General Greg Abbott, U.S. Sen. John Cornyn and U.S. Congressman Lamar Smith today joined forces to advance state and federal legislative efforts that will help protect young Texans from child predators.

“With sexual predators increasingly using new technology to prey upon children, it is critical that law enforcement stay ahead of the criminals,” said Attorney General Abbott. “Innovative legislative responses to high tech crimes are vital to the ongoing success of our crackdown on cyber predators and online child pornographers. Thanks to creative legislative initiatives at both the state and federal levels, law enforcement will have the legal tools we need to help protect Texas children.”

Citing recent developments in the Texas Legislature, Attorney General Abbott expressed his support for legislation by state Sen. Florence Shapiro and Rep. Aaron Peña that would update state sex offender registration laws. If enacted, Senate Bill 689 and House Bill 1239, would upgrade state sex offender registration laws to reflect modern technological innovations and communications platforms.

Specifically, the bills would require that convicted sex offenders provide their e-mail addresses, mobile telephone numbers, social networking aliases and other electronic identification information to the Department of Public Safety’s sex offender registry. In October 2008, Attorney General Abbott recommended that the Legislature act to increase law enforcement’s access to sex offender’s electronic identities. The Shapiro-Peña legislation reflects both legislators’ efforts to protect children by enacting the Attorney General’s recommendations.

At the federal level, Sen. Cornyn, a former Texas Attorney General, sponsored the Internet Stopping Adults Facilitating the Exploitation of Today’s Youth (SAFETY) Act of 2009 in the U.S. Senate. Congressman Smith, a former Texas legislator, sponsored companion legislation in the U.S. House of Representatives.

Read More...

Devance Convicted, Sentenced To 15 Years

Jury finds evidence in car theft case compelling

GILMER, TX, Feb. 19, 2009 -- A jury Tuesday found evidence and testimony presented in the felony Theft trial of Jimmy Michael 'Big Country' Devance convincing enough to return a verdict of guilty.

Today, Devance, 34, of Gladewater, was sentenced by Judge Lauren Parish in the 115th District Court to 15 years in the Texas Department of Corrections for the enhanced offense of felony Theft following that trial.

Assistant District Attorney, Edward Choy, prosecuted Devance, who stole an automobile from Mike Craig Ford in Gilmer on March 21, 2008. Devance took a 2O07 Chrysler 300 without paying under the ruse of wishing to purchase it and failed to return it. The car was eventually recovered in Wichita Falls, Texas.

Choy was pleased with the verdict. " The Jury paid close attention to all the evidence and sent a message that those who prey upon our citizens and businesses in Upshur County will be dealt with severely," he said.

Read More...

Wednesday, February 18, 2009

Court Ruling Dovetails With Bill Allowing Workers To Store Guns In Their Vehicle At Work

Appeals court upholds Oklahoma law similar to proposed Texas legislation

Feb. 18, 2009 -- A unanimous ruling today by the U.S. Tenth Circuit Court of Appeals in Fairfax, VA. supports the intent of a bill introduced recently in the Texas Senate, aimed at allowing employees to store legally owned firearms in locked, private motor vehicles while parked in employer parking lots.

The bill, SB 730, was filed by Senator Glenn Heger (R-Katy) last week. A companion bill, HB 1301, filed in the Texas House by Stephen Frost (D-Atlanta) on Monday, is identical.

Yesterday, Heger was joined by Sen. Kevin Eltife (R-Tyler), who signed on as a co-author.

"I support SB 730 by Sen. Hegar, and in fact, have signed on to the legislation as a co-author." Eltife said. "Many of my constituents travel long distances to work and I believe they should not be prohibited from keeping a firearm in their vehicle while at their place of employment."

He said the same legislation was introduced in 2007, but did not gain passage.

The ruling handed down today in Virginia upheld a similar amendment passed in 2004 by the Oklahoma legislature. That law holds employers criminally liable for prohibiting employees from storing firearms in locked vehicles on company property.

Read More...

Crime Stoppers Looking To Roll Up Tire Thief

Reward offered for information on Gilmer tire theft

GILMER, TX, Feb. 18, 2009 -- The Upshur Crime Stoppers are offering a reward for information leading to the arrest and conviction of those responsible for the theft of tires and wheels from the Yazell Chevrolet lot on Tuesday, Feb. 10th.

Announcement:

During the early morning hours of February 10, 2009 unknown actor(s) entered the Yazell Chevrolet Dealership lot and removed four wheels and tires from two new pickups. If anyone has information about this crime please contact the Gilmer Police Department at (903) 843-5545.

Upshur County Crime Stoppers will pay up to a $1,000.00 reward for information leading to the arrest and conviction of the individual(s) responsible for this crime. If you have any information please contact us at 903-843-3131 or toll-free 1-800-396-3351.

Remember all calls or contacts are completely anonymous. We want your information, not your name. Thank you.


Readers with information on this crime can offer tips online at
http://upshurcounty.crimestoppersweb.com/crimeoftheweek.aspx. by clicking on the 'Give Tip' button.

NET RMA Board Meeting To Focus On Federal Stimulus Funds

Board to discuss today what projects could qualify as 'shovel ready', thereby making federal funding possible

Feb. 18, 2009 -- In their last meeting on Jan. 15th, The North East Texas Regional Mobility Authority (NET RMA) heard Titus County Judge Sam Russell say that Texas is facing a challenge when it comes to transportation funding.

“It will be slim pickings not only in Texas, but across the United States,” Russell said during the meeting. “But maybe by working together we can get these projects accomplished.”

With that said, board members did see a glimmer of funding hope in the huge financial stimulus package that was being talked about at the time on Capitol Hill, and has since been passed.

The Board discussed the possibility of accelerating work on Toll 49 Segment 3A so that the project might be included in the economic stimulus package being prepared by the Federal government. In order to be considered, the government has stipulated that projects must be “Shovel Ready,” which means they have completed environmental clearance, engineering, the land acquisition process, and utility adjustments.

“We are keeping a close eye on the possibility of obtaining federal funding,” said NET RMA Chairman Jeff Austin, III. “The NET RMA wants to be in a position to act if the opportunity presents itself.”

In today's meeting, board members hope to further that goal. One of the meeting's agenda items is a report on possible actions the Authority could take to secure available federal funding.

Board members will also consider participation in the East Texas Steering Committee for Regional Transit Coordination Planning, as well as hear numerous reports on the status of transportation projects across the region.

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