Gilmer City Council To Consider Vehicle Purchases

The Gilmer City Council will meet Tuesday. Vehicle purchases, Housing Authority Board appointments and the Duoline project top the agenda.

GILMER, TX., Jan. 24, 2009 -- Meeting at 5:15 p.m. Tuesday, council members will consider the purchase of two vehicles, a truck for the Water Department, and a vehicle for Fire Chief Mike Melton. The meeting agenda also calls for a discussion on a vehicle sharing plan with the Sheriff's Department.

The council will also take up matters of the city's involvement with the Duoline Facility project under construction south of town on Highway 271.

At hand will be the signing of a contract with the Texas Department of Agriculture for a Texas Capital Fund grant in excess of $543,000.00, and hiring consultants to manage the grant and necessary engineering activities to extend city water and drainage to the plant.

And having received approval from the Texas Parks and Wildlife Department to demolish the city pool at Roosevelt Park, the council will discuss what actions to take to remove the pool and associated equipment.

Late last year, City Manager Jeff Ellington said the pool was beyond repair, and stated his preference was to use city labor and equipment when available to remove the pool and fill it in as cheaply as possible.

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Ex Diana Teacher To Be Arraigned For Sexual Assault

John Tiger's arraignment scheduled for Jan. 29th

GILMER, TX., Jan. 23, 2009 -- John Cotcha Tiger, the former New Diana coach charged with a number of crimes stemming from his alleged misconduct with a former student, will be arraigned Thursday, Jan. 29th, in the 115th District Court.

Judge Lauren parish will preside.

Tiger is charged, in four sealed Grand Jury indictments, with four felonies:
* Multiple counts of Improper Relationship Between a Student and Teacher
* Multiple counts of Indecency with a Child
* Multiple counts of Sexual Assault of a Child
* Online Solicitation of a Minor

According to Upshur District Attorney Billy Byrd, each crime Tiger is charged with is a second degree felony, and each count carries a maximum penalty of 20 years imprisonment.

Byrd, who will be prosecuting the case, declined to comment on particulars of the case.

In addition to arraigning the Tiger case, Judge Parish has a full calendar on the 29th. Other arraignments scheduled for that day follow:

Willie Joe Gilmore, charged with Assault on a Public Servant.

Deverous Shjuan Davis, charged with Aggravated Assault with a Deadly Weapon.

Brady Dwayne Alsup, charged with two counts of Possessing a Prohibited Weapon.

Natasha Diana Hagler, charged with Forgery of a Financial Instrument.

Jimmy Wayne Black II, charged with Possession of a Controlled Substance.

Randall Oneal Mathis, charged with Possession of a Controlled Substance and Evading Arrest with a Vehicle.

Gwendolyn Denise Pearce, charged with Driving While Intoxicated.

David Fitzgerald Gunter, charged with Tampering With or Fabricating Physical Evidence and Possession of a Controlled Substance.

Shaun Christopher Abron, charged with Aggravated Assault with a Deadly Weapon and Obstruction of Justice or Retaliation.

Matthew Jason Comer, charged with Unauthorized Use of a Vehicle.

David Floyd McWhorter III, charged with Burglary.

April Michelle Gordon, charged with Theft of a Firearm.

Christopher Michael, charged with Theft of Property.

James D. Winrich, charged with Burglary.

Michael Wyatt Ebnetter, charged with Unauthorized Use of a Vehicle.

Robert Glen Jackson, charged with Assault of a Public Servant.

George Washington Sharper, charged with Possession of Marijuana.

Bobby Joe Crain, charged with Delivery of Marijuana in a Drug Free Zone.

Lonnie Ren Carr II, charged with Driving While Intoxicated.

Thomas Wayne Gibson, charged with Possession of a Controlled Substance.

Eric Lavon Quinn, charged with Possession of a Controlled Substance.

Donavan Lynn Brousard, charged with Aggravated Assault with a Deadly Weapon.

Melba Lilly, charged with Arson.

Colton Shane Guthrie, charged with Burglary of a Habitation.

Earl Henry Parker, charged with Possession of a Controlled Substance.

Dusty Diann Fussell, charged with Possession of a Controlled Substance.

Otis Ray Johnson Jr., charged with Burglary of a Habitation.

Jason William Lee, charged with Possession of a Controlled Substance.

Lakeevin Akeem Jones, charged with Aggravated Robery.

Brandon Burkett, charged with Deadly Conduct / Discharge of a Firearm.

John George McGuire III, charged with Aggravated Sexual Assault of a Child.

Willie Lee Skinner, charged with Unlawful Possession of a Firearm by a Felon and Possession of a Controlled Substance.

Carrie Lynn Wilcox, charged with Possession of a Controlled Substance.

Randy Shane Ogletree, charged with Possession of a Controlled Substance.

Brandon Lynn Coulter, charged with Possession of a Controlled Substance.

Chad Edward Wade, charged with Possession of a Controlled Substance.

Demarcrist Lopez Shepherd, charged with Delivery of a Controlled Substance.

Roy Edward Thompson, Jr., charged with Delivery of a Controlled Substance.

Kyle Zachary Jones, charged with Evading Arrest or Detention with a Vehicle.

Amanda Ruth Hunt, charged with Evading Arrest or Detention with a Vehicle.

James Jones Dupree, charged with Burglary of a Habitation.

Ralph Bradley Sustaire, charged with Burglary of a Habitation.

Ronald Wayne Smith II, charged with Forgery of a Financial Instrument.

Amber Gage, charged with Credit Card or Debit Card Abuse.

Monty Shane Gage, charged with Credit Card or Debit Card Abuse.

Amanda Gore, charged with Delivery of a Controlled Substance.

Kathy Lynn Jester, charged with Theft of Property.

Waldolf Manchester, charged with Indecency with a Child.

Devin Ray Matthews, charged with Burglary of a Habitation.

Todd Henry Pearson, charged with Driving While Intoxicated with a Child.

Marsha Anne Price, charged with Burglary of a Habitation.

Russell C. Turner, charged with Delivery of a Controlled Substance.

Chad Dale Walls, charged with Indecency with a Child.

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Judge Parish Hears 14 Guilty Pleas Last Week

Busy week at the 115th sees 8 jailed, 6 probated or defered.

GILMER, TX, Jan. 23, 2009 -- Upshur District Attorney Billy Byrd reports that Judge Lauren Parish, 115th District Court, heard the pleas on a variety of charges including drug possession, DWI and assault.

Pleas heard, and sentences were handed down for the following:

Michael E. Pouncy, 51, of Sulphur Springs. Sentenced to four years in prison for Robbery.

Paul Richard Lyle, 27, of Longview. Sentenced to six years in prison for Assault Against a Public Servant.

Glenda Gail Carr, 27, of Dumas, TX. Fined $2321.00 and sentenced to two years deferred adjudication for Criminal Mischief.

Donny Charles Evans, 18, of Duncanville, TX. Fined $1276.00 and sentenced to four years defered adjudication for Burglary of a Building.

Jeramy Josh Vickery, 23, of Longview. Fined $1466.00 and sentenced to two years deferred adjudication for Possession of Methamphetamine.

Michael Roger Newman, 48, of Diana. Fined $966.00, sentenced to five years probation for Possession of Methamphetamine.

Tony Dewayne Kemp, 31, of Diana. Fined $1321.00 and ten years probation for Attempted Aggravated Kidnapping.

Richard Albert Adams Jr., 35, of Big Sandy. Fined $1516.00 and sentenced to seven years probation for Driving While Intoxicated.

Glen Edward Bishop, 32, of Gilmer. Sentenced to ten months in jail for Theft.

Aloysius Dewayne Reliford, 37, of Gilmer. Sentenced to eight years in prison for Robbery.

Adam Cohagen Clamp, 25, of Gilmer. Sentenced to eight years in prison for Possession of Phencyclidine.

Charles Franklin Miller, 47, of Gilmer. Sentenced to ten years in prison for Driving While Intoxicated.

Eric Jeffrey Bradshaw, 31, of Diana. Sentenced to one year in jail for Possession of Methamphetamine.

Carly Nicole Thornbrough, 25, of Gilmer. Sentenced to ten months in jail for Possession of Cocaine.

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Cornyn Slams Obama For Closing Gitmo

Calls the move a dangerous step in the wrong direction.

WASHINGTON, D.C., Jan. 22, 2009 -- U.S. Sen. John Cornyn, R-Texas, made the following statement today after President Obama signed an executive order mandating the closure of the detention camp at Guantanamo Bay:

“Today President Obama, on only his third day as Commander-in-Chief, took a dangerous step in the wrong direction by choosing to close Guantanamo Bay. Now he must answer the important question of what is to be done with these dangerous individuals. Dozens of former Guantanamo detainees who have already been released have returned to the battlefield, continuing to advance their anti-American ideals. If history is any indication of what is to come, our national security is at great risk. Where are our assurances that the remaining detainees will not return to their radical ways and put Americans in harm’s way?

“I am also disappointed President Obama went one step farther today by signing an executive order mandating that the Central Intelligence Agency (CIA) use the same interrogation procedures as the Army Field Manual, tying the hands of our intelligence professionals. Since September 11, 2001, government and intelligence officials have taken critical and unprecedented steps to protect Americans and improve our national security, and as a result our country has remained safe from terrorist attacks on American soil. President Obama’s actions today send the wrong message of weakness to those who seek to harm Americans, and I believe America will be less safe as a result of this decision.”

Earlier today Sen. Cornyn sent a letter to President Obama urging him to not close Guantanamo Bay without careful consideration of the repercussions and without a safe alternative option for dealing with these dangerous individuals.

See the full text of the letter below.

January 22, 2009

President Barack Obama
1600 Pennsylvania Ave.
Washington, DC 20500

Dear President Obama,

I write to urge you to carefully consider America’s national security before deciding whether to close the Guantanamo Bay terrorist detention facility. While I understand that you have pledged to close the facility, now that the awesome responsibility of protecting this nation from the continued threat of terrorist attacks is yours, I believe that a fresh analysis is warranted. This analysis should properly weigh the intelligence-gathering value of the facility and the dangers of releasing these terrorists or moving them into the American mainland.

Closing the Guantanamo facility would raise the question of what should be done with the two-hundred or so foreign nationals held there. These include some of America’s deadliest enemies: monsters like Khalid Sheikh Mohammad, the 9/11 mastermind, and al-Qa’ida co-conspirator Ramzi bin al-Shibh.

These men are too dangerous to simply be released. The outgoing administration has labored to release as many of the less dangerous detainees as possible, leaving the worst of the worst at Guantanamo. According to the latest numbers from the Department of Defense, at least 61 detainees who have been held and released from Guantanamo Bay are either suspected or confirmed as having returned to the battlefield to take up arms against the U.S. military, and there is every reason to believe that many of the current detainees would do the same. Release is, thus, not a viable alternative.

According to reports, your Administration is considering plans to move these terrorists into the United States for trial. In my judgment, this would be a colossal mistake. Bringing the detainees here would pose intolerable national security risks. For many of these terrorists, infiltrating and destroying the United States is their life’s mission. The United States government should not knowingly bring such men into our country.

The American people agree that moving terrorists into the United States is a risk that we cannot afford. A recent Gallup poll shows that only 35% percent of Americans favor closing Guantanamo. I have little doubt that even fewer want the terrorists imported to our shores. In 2007, ninety-four Senators, including Vice President Biden and Secretary of State Clinton voted to keep terrorist detainees out of the United States. I was one of those ninety-four Senators, and I will continue to do everything in my power to keep these terrorists out of Texas, or anywhere else in the United States.

Please carefully consider anew, in light of your great responsibilities, the costs and benefits of closing the Guantanamo facility. The Guantanamo facility should not be closed until there is a viable alternative for detaining these terrorists. Until you are satisfied that there are alternatives that do not place the nation at greater risk than the status quo, any formal commitment to closing Guantanamo would be premature and irresponsible.

Sincerely,

JOHN CORNYN

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Perry Urges Legislature To Strengthen Private Property Rights

Governor wants a constitutional amendment protecting property owners from federal eminent domain land grabs.

AUSTIN, TX, Jan. 22, 2009 -- Gov. Rick Perry today urged lawmakers to add an amendment to the state constitution to fortify property owners’ rights against abuses of eminent domain. The governor spoke at a press conference with the Texas Public Policy Foundation.

“Through Senate Bill 7, we made it clear that Texans will not tolerate taking land for economic development or giving it to a private developer,” Gov. Perry said. “Unless we take action on these protections, private property rights in Texas will begin to erode and undermine the very character of our state.”

The call was immediately applauded by the Texas and Southwestern Cattle Raisers Association (TSCRA). TSCRA President Jon Means said “Reforming the eminent domain and condemnation law in Texas is a top priority for TSCRA.

He went on to say "TSCRA supports legislation, including a constitutional amendment, to protect landowners through good faith condemnation negotiations, adequate compensation for condemned property, and a fair price for landowners if they should be able to buy their property back. "

Means said his organization "looks forward to working with Governor Perry, Senator Duncan, Representative Orr and the rest of the Legislature in solving this important property rights issue once and for all.”

Senate Bill 7 was passed in 2005 during a special session of the 79th Legislature, after a U.S. Supreme Court decision in Kelo v. New London ruled that government entities could use eminent domain authority for economic development projects rather than traditional public uses. The bill prohibits acquisition of land for non public purposes, such as commercial economic development or private use.

The governor was joined by state Sen. Robert Duncan and Rep. Rob Orr who will propose legislation to fortify property rights, and Susette Kelo, plaintiff in the Kelo v. New London case. Sen. Duncan will also propose a constitutional amendment to prevent private property from being taken for economic or private development purposes.

Gov. Perry also cautioned against use of the Texas Supreme Court’s decision in Hubenak v. San Jacinto Gas Transmission Co., which allows government entities to make an unreasonably low offer on a person’s property, and then respond to an owner’s refusal by taking the land. The governor also commended Rep. Jim Jackson for sponsoring the constitutional amendment adopted by voters in 2007, allowing landowners to buy back land at the price the government paid for it if it is not used for the project it was taken for.

“Government shouldn’t use eminent domain to take someone’s land without trying to buy it from them first,” Gov. Perry said. “It is wrong for any government to make a lowball offer, then respond to an owner’s righteous refusal by taking the land. The government owes land owners a genuine good-faith negotiation, not a land grab.”

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Environmentalists Urge Lawmakers To Act On Climate Change

New report says Texas is missing out on billions of dollars of clean energy investment.

AUSTIN, TX, Jan. 22, 2009 -- A report released today by the Environmental Defense Fund (EDF) presents a case for Texas lawmakers to support legislation positioning the state as a leader in responding to global warming and taking advantage of the opportunities of an emerging clean energy economy.

“Texas at a Crossroads: The Case for Addressing Global Warming in Texas,” is an EDF policy summary outlining what the group considers to be the immediate need for legislative climate action in Texas and the adverse environmental and economic impacts of inaction.

“While our state leaders are still deliberating the concept of global warming, consensus elsewhere has other states leaping ahead of Texas in attracting new energy investment,” said Jim Marston, EDF director of state climate initiatives. “Billions of dollars are going to companies in other states that have worked to be leaders in addressing climate change and have created markets for clean energy technologies. This puts Texas at a real economic disadvantage.”

The EDF alleges that Texas is at a crossroads, as the report title describes. They say lawmakers can choose to ignore or deny the problem and wait for the imposition of mandates crafted by others, or they can constructively engage in the federal policy debate while enacting state-based measures to begin reducing emissions, attracting clean technology industries, and proactively preparing for carbon regulations and unavoidable climate impacts.

The report is one of several similar reports providing data and critical analyses supporting Texas' Changing Economic Climate: Risks and Opportunities in a Carbon Constrained Environment, a legislative conference at the state Capitol next week, Jan. 29.

The British Consulate General-Houston, in partnership with EDF, will host the event intended to provide Texas legislative, business, and community leaders with insights on how taking early action on climate change can open possibilities for innovative economic frameworks using processes developed in the United Kingdom as a model.

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Spending, Teacher's Pensions Top Eltife's Agenda

Dist. 1 Senator will push for pay increases for retired teachers.

AUSTIN, TX, Jan. 21, 2009 -- State Senator Kevin Eltife (R), Tyler, responding to questions about his agenda for the 81st session, says keeping an eye on spending will be especially important this year.

In a nod to the current economic condition, Eltife said "My priorities for the Legislative Session are to carefully look at all state spending, always important but especially so in this economy."

But, even as reining in spending will be his first goal, he also plans to push for a cost of living increase for retired teachers, a drive sure to be applauded by the Texas Retired Teachers Association (TRTA).

Eltife said "It is also important to help our retired teachers, who have not had a cost of living increase in several years."

The TRTA has made that increase the major focus of their lobbying efforts this year, and their website is encouraging members to work the phones to that end, saying in part:

Retirees have not received a permanent increase in their pension since 2001. This represents, at minimum, a 24% reduction in a retiree’s buying power since last ad hoc pension increase. TRS annuitants need an increase in their pension benefits in order to meet the increasing financial demands of today’s economy.

With the ailing economy, the lowered state revenue projections, and the significant investment losses realized by the TRS pension trust fund, TRTA’s ability to persuade legislators to take positive action on this association’s priorities has never been more important.

Contacting legislators and explaining how the many years of NOT receiving cost of living raises has severely impacted retirees and their ability to live in this changing economy is vital to TRTA’s ability to accomplish its goals this session.

Rounding out his top three goals, Eltife indicated that the way Texas property appraisals are performed is also in his sights, saying "Reforming our property appraisal system is also a top priority for me."

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FM 2208 Crash Kills Two

High speed is blamed for the death of a Harleton man and his female Ore City passenger yesterday.

HARLETON, TX, Jan. 20, 2009 -- According to the Texas Department of Public Safety, Michael Stark, 51, of Harleton was driving at an unsafe speed on FM 2208 about 6:00 p.m. yesterday when he lost control of the vehicle.

The vehicle then flipped end over end, ejecting Stark before it came to a stop.

Stark and his female passenger, Lindsay Bonnette, 27, from Ore City, both died at the scene.

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Peanut Butter Recall Goes To The Dogs

Pet Smart joins the peanut butter recall, removing seven dog treat products from store shelves.

NEWS RELEASES, Jan. 22, 2009 -- Pet Smart today joined Ready Pac and NutriSystem as the latest in a growing number of manufacturers, distributors and retailers recalling products made with King Nut peanut butter, a product of the Peanut Corporation of America (PCA), that might be tainted with Salmonella.

Acording to the Center for Disease Control, as of yesterday 486 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. Of those, six are from Texas.

Six deaths are suspected to have been caused by outbreak.

PetSmart is voluntarily recalling seven of its Grreat Choice® Dog Biscuit products. Even though the company says it is not aware of any reported cases of illness related to these products, it has removed these products from its store shelves, and is conducting the recall as a precautionary measure.

Ready Pac is removing five snack products containing peanut butter used as a dip for celery and apples, and NutriSystems announced that it is recalling its Peanut Butter Granola Bars.

Excerpts from all three recall notices, along with links to the full notice, can be found below.

Jan. 20th -- PetSmart is voluntarily recalling seven of its Grreat Choice® Dog Biscuit products that contain peanut paste made by Peanut Corporation of America (PCA).

Although PetSmart is not aware of any reported cases of illness related to these products, it has removed these products from its store shelves and website and is conducting the recall as a precautionary measure.

The recalled products include only the following types of Grreat Choice Dog Biscuits sold between Aug. 21, 2008 and Jan. 19, 2009:
* Small Assorted 32 oz., UPC 73725702900
* Small/Medium Assorted 4 lb., UPC 73725700601
* Small/Medium Assorted 8 lb., UPC 73725700605
* Small/Medium Assorted 10 lb., UPC 73725702755
* Large Assorted 8 lb., UPC 73725700638
* Extra Large Assorted 8 lb., UPC 73725700779
* Peanut Butter 4 lb., UPC 73725700766
See the full notice here.

Jan 20th -- After receiving notification from one of its suppliers, Ready Pac Foods, Inc. is announcing that they are initiating a voluntary recall of certain products containing peanut butter that may have been contaminated with Salmonella. These products have been distributed to different retailers in the states of California, Utah, Illinois, Washington, Texas, New Jersey, Colorado, Hawaii, Oregon, Pennsylvania, Connecticut, Massachusetts and Maryland. This recall is part of a nationwide recall initiated by Peanut Corporation of America (PCA).

Anyone who has purchased the following products with the expiration dates listed should dispose of the product or return the product to the store for a full refund. No other products are impacted in this recall.
* Ready Pac Cool Cuts Celery with Peanut Butter, By Dates of 12/27/08 to 2/2/09.
* Trader Joe's Celery with Peanut Butter, By Dates of 12/27/08 to 2/2/09.
* Trader Joe's Celery with Peanut Butter, By Dates of 12/27/08 to 2/2/09.
* Eating Right Apples with Peanut Butter, By Dates of 12/27/08 to 2/2/09.
* Eating Right Celery with Peanut Butter, By Dates of 12/27/08 to 2/2/09.
See the full notice here.

Jan. 20th -- NutriSystem Inc. announced a voluntary recall of its NutriSystem-branded Peanut Butter Granola Bar 1.41 ounces or 40 grams packaged in flexible film.
Lot Codes as follow:
* TC08158A
* TC08188A
* TC09158A
* TC09168A
* TC09178A
* TC11148A
* TC11178A

because the product contains peanut butter which was manufactured by Peanut Corporation of America (PCA), which is the focus of an ongoing Salmonella investigation by the United States Food & Drug Administration (FDA). PCA is one of the suppliers of peanut ingredients to the company. NutriSystem is no longer using PCA as a peanut butter supplier.
See the full notice here.

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GALA Impeachment Petition Validation Draws Fire

Organizers of the move to impeach board President Jason Lundy say the drive will continue, and a few hinted at possible legal action.

GLENWOOD ACRES, Jan. 22, 2009 -- After a Glenwood Acres Landowners Association (GALA) board meeting last Tuesday, the conduct of which is itself in question, drive leader Russell McFadin turned over the petition and signatures he had gathered to that point to board Secretary Billy Sipes.

McFadin says he had 61 signatures, but acknowledges that two of those should have been removed during validation, saying they were duplicates.

This morning, sources close to the board said the total was indeed 59 signatures, and confirmed that the validation would be done today.

After the validation, which left only thirteen signatures standing, Sipes, along with Board Member A.C. Floyd, took issue with process, calling into question the criteria used to invalidate 46 signers.

They say a board requirement that signers of the petition be current with their dues as of Jan. 12th, the day before the petition was submitted, is unfair. Both men said that member's dues are not usually considered delinquent until 30 days after their due date, and both believe that a number of the signatures struck down should not have been.

Addressing the process, Sipes said "I disagree with the tactics the board is using to stifle the voice of the people", going on to say "...there are 10 to 12 signatures, in my opinion, that should have been validated".

Speaking separately, Floyd stated "It (the validation) wasn't fair under any circumstances".

But GALA Board attorney Tim Cariker said today the criteria is fair, and is the same one used to determine whether members can vote on issues at the landowner meetings.

This brings up the question, however, of how the Board can apply that criteria, since they admittedly don't keep a current list of members in good standing.

According to the association's bylaws, that list is supposed to be available for inspection prior to every quarterly Landowners Meeting.

In spite of that requirement, Cariker said that the list isn't typically needed or requested at meetings, and is not kept current. Because of that, there may be more members than currently shown, and the effort to update the list is ongoing.

The most current update, posted today in the development's clubhouse, shows a total of 209 members of the association in good standing, counting landowners and spouses.

McFadin needs the signatures of ten percent (21) of those members to force an impeachment vote, and the votes of 20% (42) in order to oust Lundy.

As news of the validation results spread, the Advocate received multiple calls from irate residents, all claiming to have been stricken from the list unfairly.

In a call from McFadin, he stated his signature, as well as his wife's, Laura, was invalidated for delinquent dues. He decried that action, claiming he had paid his dues with a hand delivered check prior to the meeting, which the Board's paid secretary, Cindy Gill returned without cashing.

Cariker answered that charge by saying McFadin's check had been returned because it included dues for an invalid account, in effect, overpaying.

The Board, according to Cariker, has a policy of not cashing improper payments, and has asked McFadin several times to discontinue paying on the invalid account. Cariker said McFadin has ignored the request, and continues trying to pay on the invalid account, resulting in his payments being sent back.

Another resident, Ron Cook, says his civil rights are being violated, and voiced strong disapproval of the invalidation of he and his wife's signature, also for delinquint dues. He said he had paid his dues on time, and had even paid a month in advance.

Saying "This board is nothing but a kangaroo court", Cook echoed McFadin and Sipes in stating his discontent not only with how the petition validation had been handled, but in how the board meeting on Jan. 13th had been conducted.

They all say that in spite of an invitation, issued in the Association's last newsletter, for public comment at the meeting, Lundy refused to allow any comment from members. The Advocate has obtained a copy of the newsletter, and the invitation is indeed there.

They also voiced disbelief that neither the minutes of the last meeting, nor the current Treasurer's Report was read aloud. Sipes said the meeting lasted aproximately six minutes, during which time the board members read the minutes silently, and then voted to accept them into the record.

After that, he said Lundy stated that there was no reason to review the Treasurer's Report, since it had been printed in the newsletter, and then Lundy promptly adjourned the meeting.

Several members who then rose to speak were denied the opportunity, being told by Lundy that they were out of order.

As an indication of how tense things have become at Glenwood, after the meeting Sipes said he, another board member and several landowners were escorted away from the meeting site afterward by an Upshur County Constable, at the request of Ms. Gill.

Several ofn the residents who spoke to the Advocate today, expressed strong support for a donation drive aimed at hiring an attorney to bring suit against the board.

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Crime Stoppers Target Pharmacy Thieves

Hoping to take thieves and some dangerous drugs off the street, the Crime Stoppers will pay $1000 for information leading to arrests and convictions of people involved in the Gilmer Drug Company robbery.

GILMER, TX, Jan. 20, 2009 -- The Upshur County Crime Stoppers posted the following reward notice late this evening, aimed at putting the person or persons responsible for this morning's theft of dangerous pain-killers from the pharmacy behind bars.

On 01/20/09 at about 4:00 am Gilmer Police Officers responded to an alarm call at the Gilmer Drug Company located on the West side of the square in Gilmer.

Upon arrival, Officer`s discovered the business had been burglarized. Unknown actor(s) shattered the glass in the front door to gain entry into the pharmacy. An undetermined amount of Hydrocodone pills were taken from the business.

If you have any information regarding this crime please contact the Gilmer Police Department at 903-843-5545 or Crime Stoppers at our Hotline 903-843-3131 or toll-free 1-800-396-3351. You can also use the "Give a Tip" link from this website. Remember all calls or contacts are completely anonymous. We want your information, not your name. Thank you.

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.

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Reward Offered For Information On Two Related Vehicle Burglaries

$1000 Reward offered for information leading to arrest of smash-and-grab car burglars.

GILMER, TX, Jan. 20, 2009 -- A pair of car burglaries Sunday has drawn offers of rewards from the Upshur County Crime Stoppers.

On Sunday, Jan. 18th, Gilmer Police were dispatched to the Gilmer Care Center in reference to a burglary of a vehicle. Upon arrival, Officers observed that unknown actor(s) had broken a window of a parked vehicle in order to gain access to the interior. A purse and contents were stolen.

At about the same time, Police were also summoned to the burglary of a vehicle at the First Baptist Church parking lot. Again, perpetrators had broken the window of a parked vehicle, making off with a purse and contents from that car as well.

While Officers were on scene at the church, witnesses located a purse in a nearby dumpster. That purse was later discovered to belong to the victim of the burglary at Gilmer Care Center.

These two burglaries are believed to be related and information regarding those involved can be reported to the Gilmer Police Department at 903-843-5545, or to the Crime Stoppers.

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. You can also use the "Give a Tip" link from this website. Remember all calls or contacts are completely anonymous.

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Cookies Sold For Fundraisers Among Latest Recalls

Classic Breaks Peanut Butter Cookie Dough, distributed nationwide through fundraising groups, recalled for possible Salmonella infection.

NEWS RELEASES, Jan. 20, 2009 -- Country Maid, the maker of the Classic Breaks, and Natures Path, the maker of Optimum Energy Bars, both announced voluntary recalls today of products made with peanut butter supplied by the Peanut Corporation of America (PCA).

Late yesterday, another cookie maker, Evening Rise Bread Co. of McCall, Idaho, recalled its Peanut Butter Cookies and Peanut Butter Bars, because they too were made using peanut butter from PCA.

PCA peanut butter is suspected as being the culprit behind a rash of Salmonella poisonings across the country in the last week, killing at least six people and sickening about 460 more.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

Perhaps the best known cookie selling fundraisers, the Girl Scouts of America, posted a notice on their website today saying their cookies were not made using PCA peanut butter, and were safe.

Excerpts of the three recall notices are reprinted below.

Jan. 19th -- Evening Rise Bread Co. of McCall, Idaho is recalling Peanut Butter Cookies and Peanut Butter Bars, because it has the potential to be contaminated with Salmonella. The peanut butter cookies and the peanut butter bars were manufactured using peanut butter recalled by Peanut Corporation of America because it has the potential to be contaminated with Salmonella.

Peanut Butter Cookies and Peanut Butter Bars were distributed in retail stores through Evening Rise Bread Co., McCall, Idaho; First Idaho Bank, McCall, Idaho; Roadhouse Java, New Meadows, Idaho; Mountain Java Coffee Shop, McCall, Idaho; Common Ground Coffee Shop, McCall, Idaho; and Moxy Java Coffee Shop, McCall, Idaho.

The Cookies and Bars are individually packaged in clear Cellophane bags. The label is a sticker with the Evening Rise name and NO other additional information.

Jan. 20th -- Country Maid Inc, is voluntarily recalling its 2 pound packages of Classic Breaks Peanut Butter Cookie Dough because the peanut butter used to make the cookie dough was supplied by Peanut Corporation of America and may be contaminated with Salmonella.

The recalled Classic Breaks Peanut Butter Cookie Dough was distributed nationwide through fundraising groups. Distribution to fundraising dealers occurred October 6, 2008 through January 9, 2009.

The product comes in a 2 pound rectangular-shaped package with a white wrapper. Classic Breaks Peanut Butter Cookie Dough products with the following lot numbers marked on the side are included in the recall:
* 26208
* 26308
* 29808
* 33808
* 36508

Jan. 20th -- Nature's Path Organic Foods of Richmond, British Columbia, Canada is recalling Optimum Energy Bars Peanut Butter flavor, because it has the potential to be contaminated with Salmonella. The Optimum Energy Bars Peanut Butter flavor were manufactured using peanut butter recalled by Peanut Corporation of American because it has the potential to be contaminated with Salmonella.

The affected products are marked with the BEST BEFORE DATE OF 01OCT09A and sold in 2 oz (56 g) individually wrap bar with UPC code of 0 58449 77715 1.

The complete Evening Rise recall notice can be found here.
The complete Country Maid recall notice can be found here.
The complete Nature's Path recall notice can be found here.

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Gilmer Drug Company Burglarized

Police estimate robbers made away with 3000 - 4000 pain killers.

GILMER, TX Jan. 20, 2009 -- Responding to a 4:00 a.m. alarm call, Gilmer Police officers found the glass front door of the business, located at 112 Davis Street in Gilmer, smashed, and the perpatrators nowhere in sight.

The investigation is ongoing, but Investigator Roxanne Warren believes the theives made off with 3000 to 4000 hydrocodone pills, a powerful pain killer. The street value of the drugs was not immediately known.

Commonly marketed under the Vicodin, Zydone or Anexia brands, the pills can be round and white, with a scored center, or they can be football shaped in many colors, including white and blue.

Warren says they can be used in illegal drug manufacture, but are commonly sold on the street in pill or capsule form.

She asked that anyone with information on the theft to contact the Police at 903-843-5545, or go online to the Upshur County Crime Stoppers, where they can leave tips anonymously.

She said the crime would be featured on Crime Stoppers as the Crime Of The Week.

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Upshur Unemployment On The Rise

Upshur jobless rate rises two tenths of a percent from September through November.

According to statistics released last week from the Bureau of Labor Statistics (BLS), the county's unemployment rate is beginning to rise, tracking similar increases across the state and nationally.

This echoes warnings last week in Texas Comptroller Susan Comb's Biennial Revenue Estimate, which predicted job losses across the state through the first three quarters of 2009.

Upshur still lags the state jobless rate of 5.7%, and fares better than the national level of 6.7%.

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Peanut Butter Recall Expands

The list of products affected by salmonella infected peanut butter continues to expand nationwide.

GRAND RAPIDS, MI, Jan. 19, 2009 -- The latest recall, announced today, is from Meijer, a chain marketer in Michigan that packages it's own brand of snacks for sell in its stores and gas stations in Michigan, Ohio, Indiana, Illinois and Kentucky.

They are recalling Meijer Cheese and Peanut Butter Sandwich Crackers, Meijer Toasty Peanut Butter Sandwich Crackers, Meijer Peanut Butter and Jelly Ice Cream, and Meijer Peanut Butter Cup Ice Cream.

News of the contamination became public on Saturday, Jan. 10th, when King Nut Companies, a distributor of peanut butter manufactured by the Peanut Corporation of America (PCA), issued a recall when it was informed that salmonella had been found in an open five-pound tub of King Nut peanut butter.

King Nut distributes peanut butter only through food service accounts to manufacturers and packagers. It is not sold directly to consumers.

Because of the wide range of customers King Nut and PCA sell to, however, numerous products have since been recalled or placed "on hold". They are listed below.

Jan. 10th -- King Nut Companies announces a recall of peanut butter distributed under the King Nut label.

Jan. 13th -- PCA announces a recall of peanut butter produced in its Blakely, Georgia processing facility.

Jan. 14th -- Kellogg Company announces a hold placed on the following:
* Austin® and Keebler® branded Toasted Peanut Butter Sandwich Crackers
* Austin® and Keebler® branded Peanut Butter and Jelly Sandwich Crackers
* Austin® and Keebler® branded Cheese and Peanut Butter Sandwich Crackers
* Austin® and Keebler® branded Peanut Butter-Chocolate Sandwich Crackers.

Jan. 16th -- PCA announces an expanded recall of peanut butter produced in its Blakely, Georgia processing facility as well as the voluntary recall of peanut paste produced in the same plant.

Jan. 16th -- Kellogg Company announces a recall of certain of the following:
* Austin® and Keebler® branded Peanut Butter Sandwich Crackers
* Select snack-size packs of Famous Amos® Peanut Butter Cookies
* Keebler® Soft Batch Homestyle Peanut Butter Cookies.

Jan. 17th -- Perry’s Ice Cream today announces a recall of select ice cream products containing peanut butter, including the following:
* Perry's Premium Peanut Butter Cup Craze Ice Cream 1/2 Pint
* Perry's Peanut Butter Cup Ice Cream 1.5 QT, 1.75 QT AND 3 GL
* Perry's Peanut Butter Chip Frozen Yogurt 1.5 QT, 1.75 QT and 3 GL
* Perry's Peanut Butter Sundae Crunch Ice Cream Bar Bulk 24 pack
* Perry's Premium Peanut Butter Fudge Ice Cream 1.5 QT and 1.75 QT
* Perry's Perfectly Churned Light Peanut Butter Cup Ice Cream 1.5 QT and 1.75 QT
* Perry's Light Peanut Butter Cup Ice Cream 1.75 QT
* Shurfine Peanut Butter Cup Ice Cream 1.75 QT
* Wegmans Chocolate Nutty Cone Ice Cream 1.75 QT
* Wegmans Peanut Butter Cup Ice Cream 1.75 QT and Pint
* Wegmans Peanut Butter Swirl Ice Cream 1.75 QT
* Wegmans Peanut Butter Sundae Ice Cream 1.75 QT
* Wegmans Peanut Butter Pretzel Ice Cream 1.75 QT
* Wegmans Peanut Butter Crunch Ice Cream Bar 6 pack
* Wegmans Peanut Butter Candy Sundae Cup Ice Cream 4 pack
* Wegmans Peanut Butter Sundae Cup Ice Cream 4 pack

Jan. 17th -- Hy-Vee Inc. announces recall of the following:
* Peanut Butter Cookies
* Monster Cookies
* Peanut Butter Reese's Pieces Cookies
* Peanut Butter Chocolate Chip Cookies
* Lunchbox Reese's Pieces Cookies
* Lunchbox Peanut Butter Cookies
* People Chow Party Mix
* Assorted Truffle Fudge.

Jan. 18th -- PCA again expands recall, including peanut butter and paste distributed to institutions, food service industries, and private label food companies in 24 states, the province of Saskatchewan in Canada, Korea and Haiti. The U.S. states are Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Iowa, Maryland, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Utah and Virginia.

Jan. 18th -- Ralcorp Frozen Bakery Products, Inc. announces recall of the following:
* Food Lion Bake Shop brand PEANUT BUTTER COOKIES
* Lofthouse® brand PEANUT BUTTER COOKIES
* Lofthouse® brand PEANUT BUTTER NO-BAKE COOKIES
* Lofthouse® brand PEANUT BUTTER FUDGE NO-BAKE COOKIES
* Parco Foods’ Chuck’s Chunky® brand PEANUT BUTTER COOKIES
* Parco Foods’ Chuck’s Chunky® brand Pastries Plus GOURMET COOKIES.
* Wal-Mart Bakery brand PEANUT BUTTER COOKIES
* Wal-Mart Bakery brand PEANUT BUTTER NO-BAKE COOKIES
* Wal-Mart Bakery brand PEANUT BUTTER FUDGE NO-BAKE COOKIES.

Jan. 18th -- The South Bend Chocolate Company announces a recall of certain candy products, produced on or after July 1, 2008. The candies under recall included:
* Assorted chocolates in 5 ounce, 8 ounce, 12 ounce and 26 ounce boxes.
* Hoosiers 5 ounce and 3.5 ounce boxes.
* Valentine Heart 14 ounce boxes.
* Peanut Butter Fudge, Product 228
* Hoosiers, Product 410
* Peanut Butter Meltaway, Milk Chocolate, Product 204
* Peanut Butter Meltaways-Dark Chocolate, Product 204D
* Peanut Butter Chocolate Fudge, Product 229

Jan. 18th -- McKee Foods Corporation announced a recall of two varieties of peanut butter sandwich crackers because the products have the potential to be contaminated with Salmonella. The two sandwich crackers are:
* Little Debbie® Peanut Butter Toasty sandwich crackers — all sizes.
* Little Debbie® Peanut Butter Cheese sandwich crackers — all sizes.

Jan. 19th -- Abbott Nutrition announced a precautionary recall of:
* ZonePerfect® Chocolate Peanut Butter bars
* ZonePerfect® Peanut Toffee bars
* NutriPals™ Peanut Butter Chocolate bars

Jan. 19th -- The Kroger Co. announced a recall of its Private Selection Peanut Butter Passion Ice Cream sold in select stores. Stores under the following names are included in this recall: City Market, Fred Meyer, Fry's, King Soopers, QFC and Smith's. Kroger recalled the following ice cream:
* Private Selection Peanut Butter Passion Ice Cream sold in 48-ounce containers with a "Sell by" date of 9-13-2009.
* Private Selection Peanut Butter Passion Ice Cream sold in 56-ounce containers with a "Sell by" date of 8-11-2009.

Jan. 19th -- Clif Bar & Company announces a recall of CLIF(R) and LUNA(R) branded bars that contain peanut butter manufactured by Peanut Corporation of America (PCA). The following Clif Bar & Company products with "Best By/Sell By" dates ranging as shown below, in all sizes and packages, are included in the recall:
* Clif Bar Chocolate Chip Peanut Crunch, BEST BY/SELL BY: 21JUN09 to 01OCT09, and 03NOV09 to 28NOV09
* Clif Bar Crunchy Peanut Butter, BEST BY/SELL BY: 21JUN09 to 01OCT09, and 03NOV09 to 28NOV09
* Clif Bar Peanut Toffee Buzz, BEST BY/SELL BY: only 13SEP09
* ZBaR Peanut Butter, BEST BY/SELL BY: 07JUL09 to 05SEP09, and 12NOV09
* Clif Builders Peanut Butter, BEST BY/SELL BY: 19JUL09 to 30SEP09, and 05NOV09 to 18NOV09
* Luna Nutz over Chocolate, BEST BY/SELL BY: 29JUL09 to 03OCT09, 11NOV09 to 14NOV09
* Luna Peanut Butter Cookie, BEST BY/SELL BY: 02OCT09 to 03OCT09, and 11NOV09 to 14NOV09
* All Clif Mojo Bars, BEST BY/SELL BY: 30APR09 to 21JUN09
These products were sold in grocery, warehouse and other retail stores throughout the United States.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis. For more information on Salmonella, please visit the Centers for Disease Control and Prevention's Website at http://www.cdc.gov.

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Comptroller Susan Combs’ Biennial Revenue Estimate Reflects Today’s Economic Climate

Texas is projected to suffer job losses and revenue decreases this year, should recover in 2010.

AUSTIN, TX, JAN. 12, 2009 -- Texas Comptroller Susan Combs today said the state can expect to have $77.1 billion available for general-purpose spending during the 2010-11 biennium.

“Given the continuing turmoil in the national economy, auto industry, housing and financial markets, this is a cautious forecast,” Combs said. “Our wisest course is to exercise prudence, just as Texas families are doing during the economic downturn.”

Combs’ Biennial Revenue Estimate (BRE) includes a $2.1 billion ending balance carried forward from the 2008-09 biennium, plus an estimated $76.7 billion in anticipated general-purpose revenue from taxes and other sources. Against this amount, an estimated $1.7 billion will be reserved for future transfers into the Rainy Day Fund, leaving the Legislature $77.1 billion for general-purpose spending as they write the 2010-11 state budget.

“Though Texas has avoided the worst economic impacts affecting other states, the national downturn has finally begun to touch Texas,” Combs said. “Our new economic forecast indicates Texas will be affected in fiscal 2009 before regaining economic momentum in fiscal 2010.”

Texas can expect to lose about 111,000 nonfarm jobs through the first three quarters of calendar 2009, but the trend should reverse in late 2009. Texas job growth in 2010-11 is expected to average 1.1 percent annually. In comparison, the nation’s job count could drop by an average 0.3 percent per year. Also in fiscal 2009, the annual growth rate of Texas’ gross state product is projected to be 1.8 percent and then rise slightly to 1.9 percent in fiscal 2010, before jumping to 3.8 percent in fiscal 2011.

The performance of Texas taxes will vary by economic sector. Sales taxes, for example, are expected to increase by 2.9 percent to $44.4 billion, compared to $43.1 billion in 2008-09. Motor vehicle sales taxes, a separate tax and currently being affected by declines in consumer confidence, are expected to generate $5.5 billion, down 6.5 percent compared to 2008-09. Oil and natural gas severance taxes are expected to decline 43.3 percent and 26.5 percent respectively as prices retreat from their 2008 highs. The $8.9 billion in franchise tax revenue anticipated in 2010-11 will be virtually flat compared to the $8.8 billion expected for 2008-09. Part of the flat revenue reflects weaker economic conditions caused by the national recession.

“The economic and revenue outlook for Texas during the next two years is challenging, but we have positive factors that put us in an enviable position to ride out the national downturn and emerge strong, healthy and competitive,” Combs said.

Positive factors include the fact that Texas is expected to finish the current 2008-09 biennium with $2 billion in general-purpose revenue left over to carry into 2010-11. Also, Texas has additional resources to draw upon to help pay for vital programs during the next biennium. At the end of the current biennium the Rainy Day Fund will contain $6.7 billion. The Property Tax Relief Fund used for education funding will enter the upcoming biennium with a $3 billion beginning balance.

In the 2008-09 biennium, $86.2 billion in revenue for general-purpose spending was available. The amount of available dollars for 2010-11 is lower for several reasons: the $2 billion ending balance carried forward from the 2008-09 biennium is significantly less than a $9 billion ending balance two years ago; and the slower economy will generate slightly less tax revenue during the 2010-11 biennium compared to 2008-09.

“Our Biennial Revenue Estimate is conservative, a policy that has served Texas well and is especially appropriate for the current economic climate,” Combs said. “We will continue to monitor the national economy and its impact on Texas very closely, and we will update the Legislature immediately if our revenue projections change.”

The full Biennial Revenue Estimate is available on the Comptroller’s Web site at www.window.state.tx.us/taxbud/bre2010/.

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