Tyler Morning Telegraph from Tyler, Texas • 9

Wednesday, May 18, 2005 2005, iyiei MOming Telegraph Assistant Managing Editor: Danny Mogle (903) 596-6256 Page 4-5B newstylerpaper.com www.tylerpaper.com Gilmer Coeecil Appoiets lecembeet Accepts Election Winner's Decision To Bow Out After the meeting, she said she did so because, "he's already in the position." "He got one less vote than his opponent, which, I'm sure she would have been a good city council person, too," said Ms. Dumas, who has served on the council for just more than three years. "Dan's here and has already said he's willing to serve, and not everybody is. "He's been a good council person. He's very interested in what's going on in our city He's not afraid to speak his mind He's about doing.the right thing." I The mayor and' City Manager Jeff See GILMER, Page 3A By MEGAN MIDDLETON Staff Writer GILMER After accepting an election winner's decision to decline her seat On the Gilmer City Council, council members voted unanimously Tuesday to appoint her incumbent opponent to continue in the position he has held for the last two years and fill a one-year term.

In the May 7 election for the District 2 council seat in Gilmer, Cathy Daniels received 12 votes and Dan Ryan, the incumbent, received 11 votes. Last week, however, it was discovered that two people voted in the District 2 race who were apparently residents of another and later voted to appoint Ryan to a one-year term in the District 2 seat. "Dan, come back up and take your seat," Mayor R.D. "Buck" Cross said. Councilman William Homsby was not present at Tuesday's meeting.

After the meeting, Ryan said, "I was abiding by what the council decided." "We need it behind us so we can get on with the business at hand," he said Councilwoman Sara Dumas made the initial nomination to appoint Ryan back to the seat. whether she had any inkling of how the two people voted, and the city manager has said the city does not know and would not try to verify which way the votes went. On Tuesday, in a meeting that lasted about five minutes or less, council members first accepted the May 7 election returns and declared them official, after which Ryan took his nameplate and walked from the council bench to the audience. The remaining members then unanimously accepted Ms. Daniels' declination district, city officials have said.

On Thursday, the city received a letter from Ms. Daniels in which she declined the nomination, citing the two votes in question. "I feel this is the fair and morally cor rect thing to do," she wrote. "I wish no future harm or expense to the city, appraisal district and taxpayers of the city of Gilmer I am blessed to have been given this opportunity? but truly feel my decision is best for all involved." In her letter, she does not indicate Splatter Zone Leaders Pick School Finance Bill Negotiators i By APRIL CASTRO Associated Press Writer AUSTIN House Speaker Tom Craddick and Lt. Gov.

David Dewhurst have selected the legislators from each chamber who have less than two weeks to negotiate the outcome Piano, Shapiro chairs the Senate Education Committee. Along with Rep. Kent Grusendorf in the House, Shapiro has led the Legislature's effort in deciding how much state money to dedicate to schools and working on changes in K-I2 education. SEN. KEN ARMBRIS-TER: Armbrister chairs the Senate Natural Resources Committee.

A conservative Democrat, Armbrister has not been involved in the day-to-day school funding considerations. But he represents a rural part of Texas around Victoria and brings the unique interests of rural schools to the negotiating table. SEN. ROYCE WEST: urn or two school runding bills. House Bill 2 addresses classroom changes and House Bill 3 is the accompanying tax bill that would pay for increased education spending and school property tax relief.

Here's a look at the lawmakers who will be working out the differences between measures approved in each chamber: House Bill 2 SEN. FLORENCE SHAPIRO: A Republican from i- West, a Democrat, represents a See SCHOOL, Page 2B i Henderson County Seeks Jail Solution Preliminary Discussions Begun Staff' Photo By D.J. Peters Originally, there was a proposal to increase the capacity to 366 beds, but after reviewing the number of Henderson County prisoners currently being housed out of the county, the committee decided on the larger number. i The committee estimated the 4 total cost of the expansion would -l be $11.6 million, requiring a bond issue of $8.1 million. The mmMf ilrailti tioa 1 i 1 1 i rr Natalie-Rose Steinkamp, 11, rears back to throw a water bal- grade students smear each other with food items and pelt loon at a classmate Monday during Grace Community each other with water balloons before graduating to the School's end-of-school ritual, "Crud Wars." In the ritual, fifth- school's upper campus.

Judge Denies Ford New Trial In $28M Verdict set aside for the jail project. The committee also believes the commissioners court should Kfrirt thp nrnrpcc nf hnlriina By LINDSAY RANDALL Staff Writer ATHENS Overcrowding in Henderson County Jail is not just a problem for inmates. It costs taxpayers $40 a day to keep prisoners in other counties' jails. Last year, Henderson County spent between $1 million and $2 million on out-of-county inmates. T6 solve this problem, the commissioners court is in the first phase of an extensive project to renovate and expand the county jail.

"We don't have an agenda or anything," said Commissioner Joe Hall, Precinct 1. "AH we've got is preliminary discussions." The court heard from the Citizens Advisory Committee for Jail Expansion several weeks ago. The committee recommended the jail increase its capacity from 227 inmates to 508 inmates, resulting in a net gain of 281 beds. 1 bond election to reap the funds. But she said none of that had a bearing on her being able to be a "fair and impartial person" on the jury, She said that contrary to court records, she did raise her hand when asked during jury selection if she had been a party in a lawsuit, but apparently it wasn't seen.

Ford got Palacios removed from the jury pool about halfway through the trial. The case stems from a May 2003 Ford Explorer rollover accident in which two 19-year-old women died and two young men were injured. The four were celebrating high school graduation when the accident occurred. None wore seat belts. See FORD, Page 3B deal," he said.

Plaintiff attorney Mikal Watts saidthe hearing had been "a desperate attempt on Ford's part to "throw spaghetti at the wall and see if it StickS" Ford was dealt a setback when two jurors recanted earlier sworn statements that Palacios had pressured them to rule in the plaintiffs' favor. Palacios said Tuesday she had been involved attorney Jesse Gamez, had worked as a jury consultant for him and had been represented or assisted by him in several cases, including two involving her Mercedes Benz. In addition to her relationship with Gamez, Palacios' sons from a previous marriage were; first cousins to one of the deceased victims. CRYSTAL CITY. (AP) A state judge Tuesday denied Ford Motor request for a new trial in a rollover case with a multi-million dollar verdict, saying the automaker's argument the jury was tainted by romantic intrigue and possible corruption failed to prove its right to a fair trial was compromised.

Judge Amado Abascal's ruling capped a daylong hearing in which Ford called witnesses, including City Manager Diana Palacios, a juror who acknowledged having a romantic relationship with an attorney in the case and helping him sign on clients in the lawsuit against Ford. Ford lawyer David Prichard said the case would be appealed. "From the get-go, this was a complete set up inow it up 10 me commissioners to decide which project to use for the jail expansion in order to determine how much money will be needed. Hall said he is in favor of finding the cheapest possibility available. "I'm looking for an option," he said.

"I may not always be a See JAIL, Page 3B Members Welcome Moran To City Council Two New Lindale Council Members Take Their Oaths (A Oath Of Office Administered At City Hall By JACQUE HILBURN Staff Writer Members of the Tyler City Council gathered Tuesday morning at city hall to say farewell to an old friend and welcome a new one. The panel canvassed the results from the May 7 election, prior to swearing councilman-elect Nathaniel Moran into office. Moran, 30, replaces longtime incumbent Ron Shaffer, who stepped down from office due to would notify the council of new employees hired by department managers. The council unanimously tabled a measure that requires the council to approve all contracts. They plan to revisit the issue after reviewing a less strict version of the ordinance.

In other business, the council approved the renewal of Lindale's tax abatement policy, which outlines whjch businesses may apply for tax breaks; dis-' cussed hiring a new law firm to provide legal services for the city; and discussed an assessment of Lindale's sewer system. The new council members and their peers on the council have several key issues to face at coming meetings, including the approval of new zoning measures, a subdivision ordinance that could place tougher restrictions on developers, and further See LINDALE, Page 3A By MARK COLLETTE Staff Writer LINDALE Two new city council members were sworn in Tuesday night in Lindale following the most contested municipal election here in years. Ken Calvert and Norma Stripling each took the oath of office, while Debi Phillips, elected to her second term, was appointed mayor pro tern. Ms, Phillips proposed two ordinances that would give the council strict oversight of hiring decisions and contracts between the city and other parties, but one was withdrawn and the other tabled after council members suggested the measures might interfere with day-to-day operations of the city. The withdrawn ordinance would have required council approval of all newly hired employees.

Ms. Phillips withdrew the measure with the understanding the city manager ICI III "The council is required by law to canvass the votes," said Tyler Mayor Joey Seeber. "For Place 5, we had an election and were presented with the results." Moran officially received 309 votes; his opponent, Von Johnson, received 99, the mayor said. Flanked by his wife, Kyna, the new councilman took the oath of office, using a family Bible as the See MORAN, Page 3B Staff Photo By David Branch HE SWEARS: Nathaniel Moran (left), accompanied by his wife, Kyna (holding Bible), Is sworn In by Tyler Mayor Joey Seeber (right) as the newest city council member Monday during a special meeting at city hall. In the background at left is Councilman Derrick Choice and (back right) is outgoing council member Ron Shaffer, whose place Moran took over..