IN THE GENERAL COURT OF JUSTICE
LOCATION: LINCOLNTON, NC DISTRICT COURT DIVISION COUNTY OF LINCOLN

COURT DATE: 02/21/06 TIME: 09:30 AM COURTROOM NUMBER: 0001

JUDGE PRESIDING : HONORABLE J KEATON FONVIELLE
COURTROOM CLERK : DEBBIE GEORGE
PROSECUTOR : REBECCA K. KILLIAN

NO. FILE NUMBER DEFENDANT NAME COMPLAINANT ATTORNEY CONT


1 03CR 001285 AQUINO,ADALBERTO BROOKS,WANDA APT.:POMEROY,TODD 3
(M)MISREP TO OBTAIN ESC BENEFIT PLEA: VER:
CLS:1 P: L: JUDGMENT:

Lincolnton - Lincoln County Commissioners held a public hearing on the proposed Adequate Public Facilities Ordinance that supporters claimed would impose a standard for capacity of public facilities in defined areas of the county costing taxpayers an estimated $6900 per home on Monday evening.

In a bold move that shocked the few supporters of the ordinance that were in the audience, Commissioner Carrol Mitchem moved to vote on the current draft of the ordinance.

Mitchem, along with fellow commissioners Alex Patton and Buddy Funderburk, voted against the proposal that would make it more expensive to buy and sell a home in Lincoln County.

Adequate Public Facilities Ordinances are quickly becoming a tool of “no growth” advocates across the state of North Carolina. The ordinances have the potential to stop future development all together.

Realtors, property rights advocates, developers and others opposed to the ordinance turned out far greater numbers against the proposed ordinance.

According to Smith Law LLP, a major law firm in the southeast with attorneys and offices in North Carolina, such ordinances can have a far reaching impact on property rights and the economic future of an area. According to the firm’s website:

Lincolnton - This Thursday, February 23rd, the Lincoln County Republican Men’s Club, will hold their regular meeting at Fox’s Fish Camp at on Highway 27 East in Lincolnton. A dutch treat dinner and fellowship begin at 6:30 p.m. and the business meeting begins at 7:00 p.m.

Featured speaker for the February meeting will be State Senator Fred Smith from Johnston County. Smith is running for Governor of North Carolina in 2008.

Since assuming his office in the State Senate, Smith has worked to implement his positive agenda of increasing government efficiency, creating jobs, improving education, and protecting family values. Most recently, Senator Smith has joined with colleagues on both sides of the aisle to fight for a critical east-west transportation corridor, support an Amendment to the state Constitution defending marriage, and set spending priorities with a Taxpayer Protection Act. Fred’s leadership has been applauded by conservatives across North Carolina.

Profile America — Monday, February 20th. - Today the nation officially celebrates George Washington’s birthday.

The actual birthday of the nation’s first president is this Wednesday, the 22nd, but a change in the law some years ago moved the observance to the third Monday in February. And while the federal holiday still bears Washington’s name, present day practice is to call the occasion President’s Day.

During his two terms in office, Washington was concerned with setting a precedent for judgment and dignity. He established the executive departments, laid the foundations for the modern judiciary and created a diplomatic service.

IN THE GENERAL COURT OF JUSTICE
LOCATION: LINCOLNTON, NC DISTRICT COURT DIVISION COUNTY OF LINCOLN

COURT DATE: 02/20/06 TIME: 09:30 AM COURTROOM NUMBER: 0001

JUDGE PRESIDING : HONORABLE J KEATON FONVIELLE
COURTROOM CLERK : DEBBIE GEORGE
PROSECUTOR : REBECCA K. KILLIAN

NO. FILE NUMBER DEFENDANT NAME COMPLAINANT ATTORNEY CONT

1 05CR 004683 AGUILAR,JEFFRY,SANTIA HILL,B SHP ATTY:POMEROY,TODD 1
(T)DRIVE AFTER CONSUMING < 21 PLEA: VER: 4160283
CLS:2 P: L: JUDGMENT:

(I)DRIVE LEFT OF CENTER PLEA: VER: 4160283
JUDGMENT:

REPUBLICAN MALAISE

by Robert Novak

WASHINGTON, D.C. -- When Dick Cheney finally broke his silence by answering questions from Fox's Brit Hume last Wednesday, four days after the hunting accident, many Republicans could hardly believe it. They were stunned that the vice president indicated he had no regrets about the way the incident was handled. Every Republican I contacted had regrets in abundance.

Bush-bashers delighted in exaggerating Cheney's post-accident conduct as a metaphor for everything wrong with George W. Bush's presidency in its sixth year. Nevertheless, there are supporters of the president (and the vice president, as well) who believe the handling of the accident does reflect structural problems in the Bush White House. Those defects were present from the start of this presidency and remain, in the absence of a basic reconstruction after Bush's re-election.

Republican malaise in Washington derives less from anemic poll ratings than from overriding concern about how the Bush team functions. This anxiety is enhanced because Republican criticism of the White House is seen as evidence of disloyalty and consequently discouraged.

Vonage® Now Provides Enhanced 911 Service to a Majority of Its Customers Including Eastern Lincoln County Residential & Business Phone Numbers

by Jason Saine

Denver, NC Vonage America, a subsidiary of Vonage Holdings Corp., a leading provider of broadband phone service, last week announced that almost all of its customers have basic 911 service and a majority of them have Enhanced 911 - a feature that automatically associates a physical address with the calling party’s telephone number.

In just 90 days, Vonage has equipped an additional 1,061 locally run calling centers, in over 360 new counties, with E911 capabilities, which brings the total number of calling centers within the 911 service area to over 3180.

What is Vonage? Vonage is an all-inclusive phone service that can replace your current phone company. Vonage gives you local and long distance calling anywhere in the US (including Puerto Rico) and Canada for one low price.

WASHINGTON – Multinational Division Baghdad soldiers killed four terrorists and uncovered weapons caches in multiple recent incidents, military officials reported.

Soldiers from the 2nd Brigade Combat Team, 101st Airborne Division, spotted insurgents launching a mortar round and requested support from attack aviation aircraft southwest of Baghdad yesterday.

After firing the mortar round, the terrorist team placed the mortar system into a white pickup truck and drove away, officials reported. A coalition forces fixed-wing aircraft later observed five men digging on the side of a canal. The individuals digging were confirmed as the same men who had fired the mortar.

The coalition aircraft engaged the terrorists, killing two and destroying their truck. The incident is under investigation.

WASHINGTON, DC -- Before you invest time and money with expensive gym memberships or diet programs to change your appearance, consult with expert board-certified chiropractor Bernard Etherly, D.C. Whether you are a homemaker, a stockbroker or retired, Dr. Etherly’s book “3 Easy Tips for Staying Healthy, Feeling Better & Looking Good” provides simple guidelines for improving health with little or no cost. The information in this book will save you hours of preparation and hundreds of dollars.

According to Dr. Etherly, “The question I get most often is, ‘What can I do on my own?’” “3 easy Tips for Staying Healthy, Feeling Better & Looking Good” answers the looming question of whether people can help themselves. If answered correctly, it will save both individuals and health insurance companies from expensive and ill-advised medical procedures. One marathoner says "Dr Etherly has been critical in my efforts to run 15 marathons in 12 months. With his support, I have been able to maintain my flexibility and remain pain-free, thereby allowing me to continue considerable hours of strength and conditioning training time as well as expedite my recovery between races. Thank you Dr Etherly!" R. Ryan, Arlington, VA.

WASHINGTON – All 12 crewmembers aboard two Marine CH-53E heavy-lift helicopters that crashed yesterday off the coast of Djibouti have been accounted for, Combined Joint Task Force Horn of Africa officials reported in a statement issued today.
Citing ongoing family notifications, officials did not release any information regarding the crewmembers' status or condition.

Two crewmembers were rescued shortly after the crash and were taken to Camp Lemonier, Djibouti, where one underwent knee surgery. The second crewmember suffered muscular and skeletal bruising, no fractures, and may have inhaled contaminated sea water, officials said. Both were listed in stable condition, and were to be transported to the Army's Landstuhl Regional Medical Center in Germany today.

Profile America — Sunday, February 19th. - It turns out that February is literally for the birds. First, this is National Bird Feeding Month, with the goal of helping birds through the winter by supplementing their natural food, water and shelter. And, from last Friday until tomorrow, the Annual Great Backyard Bird Count is on.

During this time, thousands of volunteers across the country will track the number and kinds of birds seen near their homes. The results will help researchers monitor which species are endangered. Nearly 54-million people provide food and water for birds and other wildlife on a regular basis.

UNC Charlotte among the best at helping “pull economy uphill”

CHARLOTTE – Feb. 17, 2006 – The University of North Carolina at Charlotte is exemplary in leading the Charlotte region, North Carolina and the United States toward a knowledge-based economy, according to the top U.S. intellectual property officer.

“UNC Charlotte is part of the train that will pull the national economy uphill,” said Jon Dudas, undersecretary of commerce for intellectual property, and director of the United States Patent and Trademark Office. “Innovations they (UNC Charlotte and partners) have developed don’t sit on shelves.” In citing some of the university’s research and technology transfer superlatives, he said that the federal government has identified UNC Charlotte as a place to invest.

Dudas spoke at UNC Charlotte today to applaud the contribution that the university and North Carolina overall have made to the President’s American Competitiveness Initiative and Health Care Agenda. He was accompanied by John Doll, U.S. commissioner for patents. U.S. Rep Robin Hayes from North Carolina’s 8th Congressional District, also attended, along with UNC Charlotte Chancellor Philip L. Dubois, Provost Joan Lorden, other dignitaries, faculty and staff.

Wachovia also placed second as the most shareholder-friendly large-cap financial firm

CHARLOTTE, N.C. – Institutional Investor magazine has rated Wachovia’s Investor Relations department as the Number One investor relations team among all financial institutions. In addition, Wachovia placed second as the magazine’s pick for the Most Shareholder-Friendly Large-Cap Financial Firm.

“This is a remarkable distinction for our Investor Relations team and our company,” said Tom Wurtz, CFO and head of Finance. “This achievement reflects the great leadership of our Investor Relations team and our company’s commitment to financial transparency and disclosure with our shareholders.”

Wachovia’s Investor Relations team is led by Alice Lehman. Lehman joined Wachovia in 1985 and has served as head of Investor Relations for more than 10 years.

ANNAN AND U.S. TROOPS

WASHINGTON -- Administration sources say UN Secretary-General Kofi Annan misspoke in suggesting to reporters that he asked President Bush, when they met at the White House last Monday, to send U.S. troops to Darfur in the Sudan.

The meeting with Bush had been requested by Annan, but he did not have much of an agenda. That led to speculation at the White House that the secretary-general merely wanted "face time" with the president to boost his sagging prestige.

A footnote: Vice President Dick Cheney sat in on the Bush-Annan meeting but ducked out before reporters and cameras were let in at the end. Cheney at that point did not want to face questions about the Texas shooting incident.

Profile America — Saturday, February 18th. - One of the stranger firsts in aviation history occurred on this day in 1930, as part of the Saint Louis International Air Exposition.

A dairy cow, named “Elm Farm Ollie,” became the first bovine passenger to fly in an airplane. In fact, she was milked during the flight, and the milk was parachuted to the ground in paper containers.

The event is celebrated each year by the Wisconsin Dairy Industry, second in the nation in terms of milk production, topped only by California. There are just over 9-million milk cows in the U.S. — most of them permanently grounded. Together, they produce more than 170-billion pounds of milk annually.

WASHINGTON -- The following is a transcript of the radio address by President Bush to the nation:

THE PRESIDENT: Good morning. This coming week, I will visit Wisconsin, Michigan, and Colorado, to discuss our strategy to ensure that America has affordable, reliable, and secure sources of energy. The best way to meet our growing energy needs is through advances in technology. So in my State of the Union Address, I announced the Advanced Energy Initiative. We will pursue promising technologies that will transform how we power our vehicles, businesses, and homes -- so we can reduce our Nation's dependence on foreign sources of energy.

This morning, I want to speak to you about one part of this initiative: our plans to expand the use of safe and clean nuclear power. Nuclear power generates large amounts of low-cost electricity without emitting air pollution or greenhouse gases. Yet nuclear power now produces only about 20 percent of America's electricity. It has the potential to play an even greater role. For example, over the past three decades, France has built 58 nuclear power plants and now gets more than 78 percent of its electricity from nuclear power. Yet here in America, we have not ordered a new nuclear power plant since the 1970s. So last summer I signed energy legislation that offered incentives to encourage the building of new nuclear plants in America. Our goal is to start the construction of new nuclear power plants by the end of this decade.

Group Says Compensation Schemes Would Encourage Poor Farmers to Report Immediately

WASHINGTON and ROME -- FAO today expressed growing concern that the bird flu virus H5N1 may spread to other countries in West Africa following the discovery of the virus in Nigeria last week. The effects on a region already facing severe malnutrition would be devastating, the UN agency warned.

"We should provide incentives to poor African farmers to report immediately if they suspect an outbreak among poultry, and discourage them from rushing to sell birds on the market," said Joseph Domenech, FAO's Chief Veterinary Officer, who is currently in Nigeria with a joint FAO/OIE team of experts.

The country of greatest concern is Niger, which directly borders the affected areas in Nigeria and where over two million people are already vulnerable to acute hunger.

"The highly pathogenic avian influenza virus poses a very serious threat to animal health in West Africa. If a poultry epidemic should develop beyond the boundaries of Nigeria the effects would be disastrous for the livelihoods and the food security of millions of people," said Domenech.

WASHINGTON - Iraqi Special Troops Company and Macedonian Rangers executed Operation Level Sand this morning at 1 a.m. north of Baghdad to neutralize terrorist activity and destroy weapons caches in the area.

The operation netted 18 suspected terrorists and resulted in the confiscation of 10 AK-47 assault rifles and three pistols.

Soldiers from 3rd Battalion, 6th Iraqi Army Division, and 2nd Battalion, 22nd Infantry Regiment, 1st Brigade Combat Team, 10th Mountain Division, worked together to disrupt insurgent activity northwest of Baghdad in a combined cordon-and-search operation that began about 11:30 p.m. Feb. 15 and ended yesterday morning.

by Jim Kouri, CPP

A former National Security Agency analyst testified before a congressional committee that there is another top-secret surveillance program that may be violating millions of Americans' Constitutional rights.

So-called whistleblower, Russell Tice, told the House Government Reform Subcommittee on National Security, Emerging Threats and International Relations that he's concerned over a "special access" electronic surveillance program that he characterized as far more wide-ranging than the warrantless wiretapping recently exposed by the New York Times but he is prohibited from discussing the program with Congress.

He did not mention if he was referring to President Bill Clinton's "Echelon" spy program which was uncovered in 2000.

Lincolnton — Hugh Edward Waters, 57, of 2904 River Road, died Feb. 15, 2006.

He was born March 9, 1948, in Lincoln County, son of Hugh Lee Waters of Lincolnton and the late Lucille Hubbard Waters.

The funeral was held at 11 a.m. today at Marvin United Methodist Church.

Burial followed in the church cemetery.

Warlick Funeral Home of Lincolnton was in charge of the arrangements.

Lincolnton — James Henry Ross Sr., 88, of 1204 Village Road, died Feb. 17, 2006. He was born Sept. 17, 1917, in Gaston County, son of the late Robert Benjamin and Pearl Heafner Ross.

The funeral will be held at 2 p.m. on Sunday, at Warlick Funeral Home Chapel with interment to follow at Landers Chapel United Methodist Church Cemetery.

A visitation will be held from 1-2 p.m. on Sunday at the funeral home.

Ross served in the US Army during WWII. Mr. Ross was retired from Trendline Furniture Company.

Lincolnton — Sally Mae Cline Withers, 74, of the Brian Center, Lincolnton, died Feb. 14, 2006.

She was born Dec. 6, 1931, in Catawba County, daughter of the late Charles and Unia Mae Rosenbaum Cline.

FUNERAL: 3 p.m. today, Warlick Funeral Home Chapel, Lincolnton

INTERMENT: Forest Lawn Cemetery

By JOHN HOOD

RALEIGH – If North Carolina politicians really meant what they say about tax reform, they wouldn’t do what they do.

Specifically, if there really was a widespread belief among state legislators – as there appears to be among editorial writers – that the state’s tax code relies too much on high marginal income and sales taxes and not enough on a broader tax base, lawmakers wouldn’t continue to raise the tax rates on the current, narrow base.

That’s what the General Assembly has done since 2001, almost every year. The sales-tax rate went from 6 percent statewide (6.5 percent in Mecklenburg County, thanks to an extra transit tax) before 2001 to 7 percent statewide (7.5 percent in Taxlenburg) right now. The top income tax rate also went up, to 8.25 percent from 7.75 percent. Theoretically, those tax rates are scheduled to fall back one-half cent. But lawmakers have said that before, only to reimpose them. I wouldn’t hold my breath.

CHARLOTTE - The Charlotte Regional Partnership (CRP) today announced a $100,000 contribution from Philip Morris USA to help promote the 16-county Charlotte region as the premier choice for businesses considering expansion or relocation.

The Charlotte Regional Partnership is a non-profit, public/private economic development organization created in 1991 to market and promote the Charlotte region as a highly competitive location for new and expanding businesses. The Charlotte region encompasses 16 counties in and around the City of Charlotte including Lincoln County.

With the two-year grant, the Partnership has reached 85 percent of its private-sector fundraising goal of $1.6 million for 2006. Charlotte Regional Partnership intends to allocate the contribution, $50,000 a year, to fund its professional development and deal closing assistance programs, allowing it to give direct cash assistance to the region’s economic development teams.

Vale, NC - Vandalism Was Discovered At West Lincoln High School Wednesday Night By Deputy Billy Burgin. The parking lot was spray painted with the letters “NL” and “NL Knights”. The colors of paint were blue and white.

The West Lincoln girl’s basketball team played North Lincoln in a tournament last night. West Lincoln won the game.