10-26-2010 Daily Bulletin

Page 1

New playground dedicated at Tryon Elementary School, page 3

Tryon Daily Bulletin

The World’s Smallest Daily Newspaper

Vol. 83 / No. 186

Tryon, N.C. 28782

Tuesday, October 26, 2010

Only 50 cents

'Grandma's house'

porch repairs done Here’s a list of upcoming meetings and events for area nonprofit community and governmental organizations:

Former Polk commissioner dies With the recent death of Bill McKaig, Polk County has lost a dedicated public servant. McKaig served for four years as a Polk commissioner. He also coached football and Little League and Senior League baseball and was active in the Tryon School System Boosters Club and PTA. Services will be held tomorrow at 2 p.m. in the McFarland Funeral Chapel.

Volunteer s from the community finished repairing “Grandma” Ida Mae Wright’s porch (new porch, right) earlier this month. Wright lives on N. Trade Ave. in Landrum, and her house had been condemned because the porch was unsafe. The community rallied to fund and make the needed repairs. The entire porch was rebuilt, including the floor, roof, posts and a new front door. Below is the porch before it was rebuilt. See p. 8 for more photos. (photos submitted)

Today

Polk County Mobile Recycling Unit, Tuesdays, Ozone Drive and Hwy 176, Saluda, 7 a.m. to noon. Hospice of the Carolina Foothills, We Care informal social group for women coping with loss. Open to newcomers, Tuesdays, 9 a.m. at TJ’s Cafe in Tryon. Shannon Slater, 828894-7000. The Meeting Place Senior Center Tuesday activities include ceramics, 9:30 a.m.; art class, 10 a.m., Bingo or movie, 12:30 p.m. 828-894-0001. Saluda Center, Bridge, Tuesdays, 10 a.m., chair ex(Continued on page 2)

Tryon asks public to help guide town's future commercial development Public hearing set for Nov. 16 by Leah Justice

After hearing many comments regarding the recent construction of a Dollar General store on S. Trade St. near the IGA, Tryon officials have decided to ask the public for help in creating standards for retail and commercial

development in the town. Tryon Town Council has scheduled a public hearing on commercial development guidelines for Nov. 16 at 7 p.m. at the Tryon Fire Department, located at 56 W. Howard St. in Tryon. Specifically, council members are interested in hearing ideas and suggestions related to areas in the town’s central business and

Serving Polk County and Upper Spartanburg and Greenville Counties

general business districts along Trade Street, U.S. Highway 176, and N.C. Highway 108. Tryon Town Manager Justin Hembree said holding a public hearing is a follow-up to conversations and comments town officials have received recently about the Dollar General and (Continued on page 6)


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2 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper Tuesday, October 26, 2010

• Calendar (continued from page 1)

ercise, 2:30 p.m. 828-749-9245. For more activities, email saludaseniorcenter@tds.net or visit www.saluda.com. Polk County Historical Association Museum, open Tuesdays, 10 a.m. to 1 p.m., 60 Walker St., Columbus, lower level. Free. Landrum Library, Book Discussion Group, 4th Tuesday every month, 10:30 a.m. at the library. 864-457-2218. Polk County Library, Preschool Storytime, Tuesdays at 10:30 a.m. Free. All area children and caregivers welcome. Caregiver must remain with child. Green Creek Community Center, Zumba exercise classes Tuesdays and Thursdays, 11 a.m., 7 p.m., in gym. Cracker Barrel, 1 p.m. Tuesdays, conference room, Congregational Church. Caregiver’s Support Group Tuesday, Oct. 26, 1:30 p.m., Congregational Church in Tryon. 828-894-0722. Kudzu Town Hall Meeting Tuesday, Oct. 26, 6 p.m., to discuss the local kudzu problem. Isothermal Community College, Polk campus. Public encouraged to participate. Al-Anon Family Group meets Tuesdays, 6:30 p.m., Saluda Senior Center, 64 Greenville Street, Saluda, one half block off

How To Reach Us

Main number, classifieds and subscriptions: 828-859-9151 FAX: 828-859-5575 e-mail: news@tryondailybulletin.com Founded Jan. 31, 1928 by Seth M. Vining. (Consolidated with the Polk County News 1955) Betty Ramsey, Publisher THE TRYON DAILY BULLETIN (USPS 643-360) is published daily except Saturdays and Sundays for $60 per year by Tryon Newsmedia LLC, 16 N. Trade St., Tryon, NC 287826656. Periodicals postage paid at Tryon, North Carolina 28782 and additional mailing offices. POSTMASTER: Send address changes to Tryon Newsmedia LLC., 16 N Trade St., Tryon, NC 28782-6656. www.tryondailybulletin.com

Main Street (U.S. Hwy. 176 S.), 828-749-2251 (Saluda) or 1-800286-1326. Foothills Fire Service Area Commission, Tuesday, Oct. 26, 7 p.m., at the Tryon Fire Department. VFW Ladies Auxiliary Polk County Memorial 9116, Tuesday, Oct. 26, 7:30 p.m., Womack Building in Columbus. VFW Columbus Post, Polk County Memorial 9116, Tuesday, Oct. 26, 7:30 p.m., Columbus Town Hall.

Local Weather Forecast:

Today

Tomorrow

Moon Phase

Today: Partly cloudy, with 30 percent chance of isolated thunderstorms. High 75, low 65.

Partly cloudy Cloudy Wednesday: Cloudy, with 40 percent chance of rain. High 78, low 62. Friday’s weather was: High 76, low 49, no rain. Saturday’s weather was: High 74, low 50, no rain. Sunday’s weather was: High 74, low 56, 0.04 inches of rain.

Wednesday

Polk County Mobile Recycling Unit, Wednesdays, Fire Department in Green Creek, 7 a.m. to noon. Saluda Community Library, Preschool Storytime, Wednesdays, 10:30 a.m. Free. All area children and caregivers welcome. Caregiver must remain with child. The Meeting Place Senior Center, Wednesday activities include Tai Chi, 9 a.m.; ceramics, 9:30 a.m.; Italian Club Meeting (Buon Giorno), 10 a.m.; senior fitness, 10 a.m. bingo or bridge, 12:30 p.m.; Medication Assistance Program, 9 a.m. to noon. 828-894-0001. Saluda Center, Wednesday activities, Trash Train, dominoes game, 10 a.m., gentle Yin yoga 12:30 p.m. Movie Matinee, 12:30 p.m. 828-749-9245. Thermal Belt Amateur Radio Club, last Wednesday of each month, noon, Columbus United Methodist Church. 8945542. Tryon Kiwanis Club meets Wednesdays, noon, Congregational Church, 210 Melrose Ave., Tryon. Male Anger Management Intervention/Education Program, Wednesdays, 5 to 6:30 p.m., Steps to HOPE. 8942340. Kiwanis Pancake Supper, Wednesday, Oct. 27, 5 to 7 p.m., Tryon Elementary School. Tickets at the door.

Thursday

Polk County Mobile Recycling Unit, Thursdays, 7 a.m. to

OBITUARIES Charles Billy McKaig, p. 14

noon, old Searcy Mill parking lot, Hwy. 108, Columbus. Thursday Men’s Prayer Breakfast, Thusday, Oct. 28, 8 a.m., TJ’s Cafe, 456 S. Trade St., Tryon. Come and bring a friend. All welcome. Saluda Center, Thursday activities: knitting group, 9:30 a.m.; gentle Yin Yoga 5:30 p.m., Saluda Center. 828-7499245. The Meeting Place Senior Center, Thursday activities include ceramics, 9:30 a.m. 828894-0001. Saluda Public Library, Bouncing Babies & Toddlers in Tow, Thursdays, 10 a.m. Polk County Historical Association Museum, open Thursdays, 10 a.m. to 1 p.m., 60 Walker St., Columbus, lower level. Free. Landrum Library, Lap Babies, Thursdays, 10 a.m.; storytime, 10:30 a.m. Hospice of the Carolina Foothills presents The Unknown Financial Benefits of Hospice and Palliative Care, Thursday. Oct. 28, 10:30 a.m., Polk County Library. Open to the public. Information, 828-894-7000 or 864-457-9122. Green Creek Community Center, Zumba exercise classes Thursdays, 11 a.m., 7 p.m., in gym. Rotary Club of Tryon, meets

every Thursday at noon at Tryon Presbyterian Church on Harmon Field Road. Tryon Farmer’s Market, Thursdays, 4 to 6:30 p.m., Depot Street, downtown Tryon. Friends of the Polk County Library Thursday, Oct. 28, 6 p.m., community room of library in Columbus. Cynthia Terwilliger will discuss, "Waterfalls: A Spiritual Experience," along with photographs and a brief video. All invited. Al-Anon: Foothills Come to Believe, Thursdays, 7 p.m., Polk Wellness Center, 801 W. Mills St., Suite A, Columbus. Mill Spring VFW Post 10349, Bingo, Thursdays, 7-9 p.m. (year round). 828-894-5098. AA’s Sobriety and Beyond, Thursdays, 8-9 p.m., Immaculate Conception Roman Catholic Church, 1024 W. Main St., Forest City. 828-863-1313. Alcoholics Anonymous, Thursdays, 8 p.m., Holy Cross Episcopal Church, 150 Melrose Ave., Tryon. Alcoholics Anonymous, Thursdays, 8 p.m., CooperRiis, Mill Spring. 828-859-7099. Please submit Curb Reporter items in writing at least two days prior to publication. Items must include a name and telephone number of a contact person. Items will be printed in order by date of event, as space allows.


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School are making all kinds of Dedicated to happy noises on a new playchildren of Tryon, ground, thanks to the efforts an active group of comprincipal Williams of munity volunteers, the Tryon Have you heard the giggles Kiwanis Club and the Parent from the monkey bars? The Teacher Organization of Tryon squeals of fun coming from the Elementary. swing set? The laughter from With a mission to serve the the sliding boards? children of the world, the Tryon Kids at Tryon Elementary Kiwanis Club, with its former president Joe Picone, focused on the needs close to home and led a two-year fundraising ef® fort to refurbish a playground VERIFY ALL COPY FOR ACCURACY that had long been in need of

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Polk County Schools Supt. Bill Miller speaks to Tryon Elementary School students during a dedication ceremony for the school’s new playground held last Thursday. (photo by Leah Justice)

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4 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper Tuesday, October 26, 2010

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Tryon Kiwanis Club President Steve Cobb (left), student Dylan Ballentine (middle) and former Tryon Kiwanis Club President Dr. Joe Picone cut the ribbon of Tryon Elementary’s new playground last Thursday. (photo by Leah Justice)

• New playground (continued from page 3)

attention. Thanks to funding assistance from the local Kiwanis Club, Polk County Community Foundation, the PTO and GameTime, more than $27,000 was raised to replace and rehabilitate an aging playground. Numerous volunteers, including members of Tryon Kiwanis Club and Thermal Belt Habitat for Humanity as well as parents, teachers, Val Simoncic, Alan Snyder, George Alley, Stacy Evans and Principal Walker Williams, pitched in to construct the new playground on a very cold day last December. These volunteers dug holes, tightened screws, pieced together a fun new gym set and spread Dr. Joe Picone, former Tryon Kiwanis Club tons of mulch, do- president, spearheaded the effort to build a new for Tryon Elementary School. (photo nated by Henson’s. playground by Leah Justice)

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The new playground gets an A+ at Tryon Elementary School, where children are enjoying recess more than ever before. A plaque unveiling and dedication ceremony for the new playground was held Thursday, Oct. 21. School children were there to share their enthusiasm.


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6 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper Tuesday, October 26, 2010

Let’s send a NEW voice to Raleigh. As a husband and father who works in the private sector, I know the importance of good jobs and schools for working families. I’ll help local businesses and civic leaders grow new jobs. I’ll work with local school districts and community colleges to ensure our workforce is positioned for success. We’ll put an end to forced annexation and help Polk County maintain its farms and rural/small-town character.

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• Tryon asks (continued from page 1)

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Stephen Cobb, Tryon Kiwanis Club president, presents Ronette Dill, Saluda Elementary School principal, with a $6,000 check last week to help the school with Phase II of its playground project. The Tryon Kiwanis Club also last week dedicated the Tryon Elementary School playground to students and Principal Walker Williams (see story, p. 3). (photo submitted)

mcap-033412

other downtown development issues. The same topic has also been the subject of numerous letters to the editor. “The town has received and continues to receive numerous comments and suggestions concerning commercial development allowed by our current land use regulations,” Hembree said in a memo to council. “In order to directly address this issue, staff feels it may be beneficial for a public hearing concerning the topic to be held. This will allow the town to formally ‘hear’ the public, answer questions and direct staff, if applicable, to take specific actions.” Hembree says receiving input and becoming a more business friendly town are specific goals of Tryon’s recently approved strategic plan. The Dollar General was con-

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structed a couple of months ago on part of the property occupied by the former Plenty of Fish restaurant (the old Sunnydale’s) on S. Trade Street. Tryon officials have said that although many residents expressed concern regarding the looks of the store and its size, the store conforms to all Tryon’s current regulations. The planning board met with developers and requested some changes to the outdoor aesthetics of the building, which were adhered to by developers. Other residents have commented that the store will bring jobs and revenue to the town. Council said they will publicize the public hearing and will also place a survey on the town’s website. The online survey will allow residents to leave comments and suggestions in case they are unable to attend the meeting or are not comfortable speaking in public.


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8 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper Tuesday, October 26, 2010

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0tfn3tue - page 2 Vaughn Creek greenway Subscribe to the Bulletin for local news Subscribe to the Bulletin for local news funds $25k shy of goal andjust complete sports coverage and complete sports coverage

Grants total $196k pending local match

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by Leah Justice

lacks only $25,000 in matching funds from the community before it can begin work creating the Vaughn Creek greenway. The parks committee, which has been working on the project since 2005, has obtained $196,000 in grants for the project, but $25,000 in matching funds is required. Parks committee member John Vining discussed the project during a Tryon Town Council meeting last week. The project has received a $95,000 grant from the N.C. Division of Water Resources, which can be used strictly for stream and trail improvements. Another $101,000 grant from the Clean Water Management Trust Fund can be used toward the acquisition of property, which is approximately 19 acres. The sale price for the property is $110,500, but the project, including surveying and closing costs, is estimated at $126,000, Vining says. An open house was recently held that offered tours of Vaughn Creek where the

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greenway is planned. xtra copiEs availablE hErE The ultimate goal of the parks committee is to connect CoLuMBuS Lil' Cricket three town-owned properties Bi-Lo Hwy. 176 Hwy. 108 with a pedestrian, bicycle and Lynn Columbus exxon equestrian trail. The trail would Lynn Post Office Hwy 108 Hwy. 108, Lynn expand from Ziglar Field, to Columbus Post Office MiLL Spring Lanier Park to Woodland Park. Ward Street Deb's Mini Mart road runner #158 The trail would include easy Hwy. 9 Hwy. 108 access to the railroad, and there Deb's #4 road runner / Burger King #157 is an existing trail bed. The Hwy. 108 Hwys. 108 & Rt. 9 total system would be about Food Lion & aBC Store SaLuDa Mills St. two miles of greenway. Thompson's Store/Ward's grill Texaco Quick pantry #5 The 19-acre property the Main Street Hwy. 108 Triangle Stop parks committee hopes to Mountain View Barbecue 2020 Asheville Hwy. acquire has been owned by Hwy. 108 Sunny VieW the same family for the past goWenSViLLe Mcguinn grocery 40 years, which has been left Spinx Hwy. 9 Intersection Hwy. 14 & 11 undisturbed and natural. The Tryon green CreeK Smith family has been coopBook Shelf a.p. Williams Deli erating with the town and has Pacolet St. Hwy. 9 expressed its desire for the land La Bouteille Deb's Sandy plains to be made into a greenway, 10 N. Trade St. Hwy. 9 according to Vining. nana's Kitchen LanDruM S. Trade St. Anyone who would like ayers & Son Market nature’s Storehouse to help generate support for 323 S. Howard St. 415 S. Trade St. Crossroads Quick Stop the project or who can help owens pharmacy Hwys. 14 & 176 financially is asked to con118 N. Trade St. road runner/Burger King #159 tact one of the Tryon Parks Hwy. 14 Texaco royalty Food Shop Committee members: Mark The Hay rack Hwys. 108 & 176 Byinton, Hugh Hursey, Ted Hwy. 14 TJ's Cafe Hyder, Rita Landrum, Virginia Hot Spot S. Trade St. Hwy. 176 Lisella, Roy Miller, Gretchen Tryon iga Kent's Morris, Callie Smith, Viola S. Trade St. Hwy 176 Suber, John Vining and Wim Trade St. gallery TDBPROMO - page 56 Land Mart & Coffee Shop Woody. Bomar & Rutherford St. 90 N. Trade St. Town staff members can Landrum Post Office Tryon pharmacy also be contacted at (828) E. Rutherford St. 620 S. Trade St. 859-6655.

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10 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper Tuesday, October 26, 2010

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tryon daily Bulletin /

the World’S SmalleSt daily neWSpaper

tueSday, oCtoBer 26, 2010

Hefner, Cards hold off Wildcats in Blacksburg Dramatic win sets up region showdown with Christ Church by Joey Millwood

the Landrum football team found itself between a rock and a hard place on Friday night in Blacksburg. the Cardinals have shown all season that their high-powered offensive attack is for real, but with 30 seconds left to go in a tough region matchup with Blacksburg, it was defense that would decide their fate. the Cardinals (6-2, 4-0) lined up to punt with a little over a minute to go in the fourth quarter with a 25-22 lead. a high snap got passed Cardinal punter stephen Doar and he was tackled on the 12 yard line. the Cardinal defense forced a fourth down on the 6 yard line and with the

game on the line the Wildcats lined up for their final play. the Blacksburg quarterback rolled out and hit star runningback in the flat with a short pass and David Hefner nipped the play in the bud, ending the Wildcats’ hopes for victory. “It got real exciting right there at the end,” Landrum coach russell Mahaffey said. “David Hefner came up and took that play away.” the game wasn’t all defense. the powerful ground game that Cardinal fans have become accustomed to all season was in full effect on the gridiron as well. star quarterback Brandon Cannon rushed for 155 yards on just 21 carries and found the endzone twice with his feet. He also had 47 yards through the air, including a 14-yard touchdown pass to tyler Logan. Cannon and tailback Cole McDowell proved once again that they are a

Landrum’s David Hefner (9) tracks down an opposing quartrback in a game earlier this season.

dangerous backfield tandem. “My hat goes off to our lines,” Mahaffey said. “our defensive and offensive line played a great game.” the win now sets up a showdown between the Cardinals and rival Christ Church next week with the

region Championship on the line. the game will be at Landrum. LHs fans are asked to wear black to the game. Free white LHs towels will be passed out (while supplies last), or you can bring your own white towel to wave.

Polk Wolverines dominate Thomas Jefferson 90-17 found the endzone. star quarterback andre overholt led the charge with a systematic attack through the air. overholt was 8-for-10 through the air with five by Joey Millwood touchdowns. He also had three carries for 40 I t ’s r a r e yards. that you see In the aftertotal domi- “It certainly was not math, the Woln a t i o n o n our goal to score 90 verines are bethe gridiron ing criticized at any level, points against Thomas for the score, but on Friday Jefferson. I feel as if which head night the polk we are getting undue coach Bruce County footollis isn’t buyball team was criticism for the score.” ing, and the a machine. -- Polk head coach Bruce Ollis numbers back the Wolhim up. verines (8-1) the Wolverines only ran 20 jumped all over thomas Jefferson in the first quarter and plays in the first half and found never stopped en route to a 90-17 themselves with a 42-0 lead after victory. (Continued on page 11) Nine different Wolverines

Nine different Wolverines score en route to victory

Junior Kerry Littlejohn (11) carries the ball at the Polk-Thomas Jefferson game Friday. (photo by Fulton Hampton)

sports – page 2


Tuesday, October 26, 2010 Tryon Daily Bulletin  / The World’s Smallest Daily Newspaper

Lady Wolverines advance to next round of volleyball playoffs by Jordan DeVere

on saturday, the Lady Wolverines volleyball team hosted Forbush in an intense playoff matchup. the Wolverines were able to stave off several runs by Forbush to win in four games and advance to the next round. the first game was total domination by the Wolverines as they broke out to an early lead and never looked back. Brittany phipps (12) and Kailey russell (2) really made it easy as they both had several unstoppable spikes to give polk the win 2517, even though Forbush made a strong push toward Polk County’s Shalyn Brown, Libero #5, ready the end of the game. to hit the ball. (photo by Virginia Walker) the second game went just as well as the first for the Wol- going and never looked back, verines as the entire team showed winning 25-18. great intensity and awareness. the fourth game was extremesarah angier (13) scored several key ly intense, going back and forth points for the Wolverines, who went all the way to the very end. the on to win 25-16. polk team gave its all and made In the third game, Forbush a comeback at the end to win a reversed the previous two games, very close game 26-24. coming out with renewed energy Next up for the Wolverines is and focus. they jumped out to North Henderson at North Hena commanding lead in the early derson today.

•Polk

(continued from page 10)

just one quarter. add in the fact that thomas Jefferson threw the ball 52 times, which extended the clock, and the Wolverines could reasonably put up that many points. thomas Jefferson had given up 73 points the week before. “It certainly was not our goal to score 90 points against thomas Jefferson,” ollis said. “I feel as if we are getting undue criticism for the score.” the Wolverines also pulled their starters after the half, in which they led 70-0. ollis said that his second and third string kids played hard, which is under-

standable due to the limited opportunities they sometime have to play. other Wolverines finding the endzone on Friday night were Kerry Littlejohn, Cody orrick, Jay sutton and reese schlabach. Littlejohn rushed for three touchdowns. on the receiving end of passing touchdowns were rooster ross, alec philpott, Joel Booker, tyler ridings and ryan thomas. the Wolverines will now focus their attention to owen this Friday night. the Wolverines host owen on senior Night with conference implications on the line. polk, owen and Mountain Heritage are all tied for the lead in the conference right now.

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11

Bulletin will accept no more political letters until after Nov. 2 election As of Tuesday, Oct. 26, the Tryon Daily Bulletin will accept no more letters relating to the upcoming election. This cutoff is necessary because of the high volume of political letters we have received this season. We want to ensure that all the letters we have as of Tuesday will be able to run by Friday, Oct. 29. After Friday, no political letters will be published until after the election on Nov. 2. We thank all of you who have submitted letters for sharing with our readers your interest in the upcoming election, and we look forward to hearing from you again after Nov. 2.

For local sp sports brie www.tryondail

A glance at some of the lat

Sports for pee wees at

The Polk County Recreatio program entitled Pee Wee held at Stearns Gym on Sa beginning Oct. 16. It is for be an introduction to soccer tion runs from Sept. 13 - O at Stearns Gym or by going more information or quest office at 894-8199.

Zumba class offered b

The Polk County Recreation fitness class beginning Se North CaroliNa 8:30-9:30 a.m. on Tuesdays Discover the state you're in.Each session is for six wee For more information or que at 894-8199. 1-800-visit NC www.visitNC.Com

sports – page 3


day of of the eased, rolina, s and st the to the re the notice overy. ations make

010.

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12

crEditor's noticE Having qualified as Executrix of the Estate of clydE ray connEr, deceased, late of Polk County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned Executrix, care of P. O. Box 185, 98 Gaffney Street, Saluda NC 28773 on or before the 5th day of January, 2011, or this Notice will be pleaded in bar of recovery. All persons indebted to said estate will please make immediate payment. This the 5th day of October, 2010. Bevie Conner Walker Estate of Clyde Ray Conner P.O. Box 185 98 Gaffney Street Saluda, NC 28773 adv. 10/5,12,19,26 Creditor's notiCe Having qualified on the 1st day of October, 2010, as Administrator of 1x3the Estate of Anne rUtH MeAns, deceased, late of Polk County, North adv. 10/5,12,19,26 Carolina, this is to notify all persons, X289-039045 firms and corporations having claims against the decedent to exhibit the same to the undersigned Administrator on or before the 5th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immediate payment. This the 5th day of October, 2010. Estate of Anne Ruth Means Robert E. Means, Jr., Administrator P.O. Box 597 Norton, VA 24273 William A. McFarland, Jr. Resident Process Agent 39 S. Trade Street Tryon, NC 28782 adv. 10/5, 12, 19, 26 ExEcutrix's noticE Having qualified on the 13th day of October, 2010, as Executrix of the Estate of JanE a. sanz, deceased, 1x3.5 late of Polk County, North Carolina, adv. 12, 19, this 10/5, is to notify all26 persons, firms and X290-039061 corporations having claims against the estate of said decedent to exhibit them to the undersigned Executrix on or before the 19th day of January, 2011, or this notice will be pleaded in bar of their recovery. All persons, firms and corporations indebted to the estate should make immediate payment. This the 19th day of October, 2010. Karen Lee Spector, Executrix Estate of Jane A. Sanz 1450 Emerson Avenue, Unit 407 McLean, VA 22101 R. Anderson Haynes Attorney at Law P.O. Box 100 Tryon, NC 28782 adv. 10/19,26;11/2,9

aLs2010 - page 114

Tryon Daily Bulletin  /  The World’s Smallest Daily Newspaper

Letter to the Editor

A true Southern gentleman To the Editor: I am not a politician. In fact, I don’t even like many politicians but believe me the few that I do like are people like Donald Hill and Charlene Owens. Simply because the first time you meet them you see the true person-honest, open, friendly, down to earth people. No put on about them. They have done what they said they would dohelped in ways beyond their job descriptions. Why? Because they care about all the people of Polk County. Not the money. Not the chance for getting a special favor done. Simply because they care about all the people and about making Polk County a wonderful place for all of us to be proud of and to raise our children and our childrens’ children. Donald Hill is a true Southern gentleman. He walks and talks softly, but he means what he says. I believe he will make one of our best sheriff’s ever. – Meg Duncan

Open house in Saluda Oct. 30

The Saluda Counseling Services, located at 31 Pearson Falls Road in Saluda, are holding an open house on Saturday, October 30, from 2 to 4 p.m. Organizers of the open house invite trick-or-treaters to come – there will be candy for the children and refreshments for the adults. Saluda Counseling Services consists of Mary Frances Crivellone, MS, LCAS and Charlton Hall, MMFT, LMFT. They offer counseling and therapy services for marriage and family therapy and addiction treatment, depression, anxiety, family conflict, addiction, marital problems, child, adolescent and teen problems. For directions or information, visit www.saludacounseling. com. – article submitted

Tuesday, October 26, 2010

Buy, Sell, Trade, Work … With Your Neighbors! VEHICLES 1999 CHRYSLER LHS, 75,000 miles, excellent condition, $4500. Call 828817-0120.

EMPLOYMENT STRINGERS WANTED to cover local sports for the Tryon Daily Bulletin. Sports knowledge essential; writing and photography experience preferred. Send resume and writing samples to btilly@tryondailybulletin.com.

MISCELLANEOUS FOR SALE: CHAIN FENCE, 30x17, $1000. Call 864-357-7196 or 864-316-6676. NICE COUCH, RECLINES at both ends, price lowered to $89. 2 blue chairs with wood arms and legs, now $14.98. Treasured Old & New, 202 E. Rutherford, Landrum, 864-303-2008. SEASONED OAK FIREWOOD, $45/load. 864-457-5235 or 864-316-5380.

REAL ESTATE/ SALES & RENTALS FOR RENT: TRYON HISTORIC Toymakers residence: 2BR/2BA, all appliances, balcony and lots of storage. No smokers or pets. $950/mo. Security deposit required. Chaz Williams, 864-607-0174. HOUSE FOR RENT, TRYON 2BR/2.5BA, 2 decks with mountain views. In town, quiet street, $850/mo plus utilities and security deposit. Call Wim Woody, realtor, 828-817-4443. NC MOUNTAINS. Log cabin liquidation. New 1200+ sf genuine log cabins w/acreage, $79,900. Plenty of windows, decks, need finishing. 1-866-738-5522. NICE OLDER RANCH-STYLE home, movein condition, 2BR/1BA, large mature lot quiet setting, close to town. $87,500. By appointment, 828-863-2415. SALUDA, RENOVATED, attractive 2BR/1BA house, hardwood floors, W/D connections, CH/A, nice lot, deck. $650/ mo. Call 828-749-1118.

SERVICES CONLON TREE CARE Quality tree work at reasonable prices. Pruning, removals, chipping, lot splitting. Free estimates, references. INSURED, EXPERIENCED AND RELIABLE. Call Tom at 828-863-4011. FOR ALL YOUR FALL LAWN maintenance needs: Aeration, seeding, mowing, weeding, edging, blowing, pruning, mulching, pine needles and more, call BAS Landscaping. Guaranteed lowest prices! 15 years experience. 864-303-4051.

www.tryondailybulletin.com

POND STOCKING - FISH DAY at Green Creek Farm Supply, 2291 Chesnee Rd. 828-863-4343. Blue Gill Shell Crackers, Hybrid Blue Gill, Channel Catfish, Sterile Grass Carp. Thurs., Oct. 28, 9am. Place orders before Oct. 23. PROFESSIONAL PRESSURE WASH We wash homes, decks, roofs, exterior/ interior of gutters, etc. Also seal or stain wood. Excellent references! For free onsite estimate, call 1-828-894-3701.

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Need — a house? A job? a rental? a service? Check out the TDB Classifieds! NOTICE All real estate advertised in the Tryon Daily Bulletin is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin; or to advertise with the intention to make such preference, limitation or discrimination. The Tryon Daily Bulletin will not knowingly accept any advertising for real estate which is in violation of this law.

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Tuesday, October 26, 2010

Tryon Daily Bulletin  /  The World’s Smallest Daily Newspaper

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Kids @ FENCE Fall Festival to feature unique maze On Sunday, October 31, FENCE will host its annual Kids @ FENCE Fall Festival from 1 to 5 p.m. Free family events at FENCE are made possible by a grant from the Kirby Fund at the Polk County Community Foundation. One of the ways in which FENCE fulfills its mission is through its primary community outreach program, Project FENCE (Friends Enjoying Nature Chemistry and the Environment). During 2009-2010, 9,900 students have participated or are enrolled to attend at least one of our education programs. Each program offered is a two part series. The first section brings FENCE to the classroom. Project FENCE’s Education Coordinator arrives at the classroom with education boxes to provide an hour of curriculum based lessons in one aspect of the sciences. The second part of each lesson is held at FENCE. Lessons shared in the classroom are brought to life on the property through hikes on the

trails, around the 2½ acre pond and hands-on sessions in their nature classrooms. One of these outdoor classrooms is the newly created maze that was set into seven and a half acres of native grasses on the 394 acres of FENCE. What are native or warm season grasses? Native grasses were here when the first pioneers came into the southeast. They consisted of grasses such as big bluestem, Indiangrass, little bluestem, and switchgrass – all of which can be found at FENCE along with over 7,000 wildflowers mixed in. These bunch grasses grow in clumps and provide excellent habitat for nesting and cover. They are also of high nutritive value. In a collaborative effort with the USDA Natural Resources Conservation Service and the NC Wildlife Resources Commission, this project was undertaken to establish native grasses at FENCE for the main purpose of improving

Kids enjoying an activity during a Project FENCE program. (photo submitted)

wildlife habitat such as Bobwhite quail, songbirds, rabbits and deer. The secondary purpose was to use the area as a demonstration and for environmental education. Now in its sixth year, the native grasses have reached a height of over 3 feet

tall – so come see if you can find your way through the maze! For more information or tickets to the Kids @ FENCE Fall Festival, contact FENCE at 828-859-9021 or www.fence.org – article submitted

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Tryon Daily Bulletin  /  The World’s Smallest Daily Newspaper

Obituaries

FootCare

Charles Billy McKaig SASM-023572

Call for Appointment!

Mary Sasser, FNP

828-894-0693

1x2Support the 8/5 non-lethal solution Tues Restart 10/21 SASM-023572

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Charles Billy McKaig, 80, formerly of 15 North Wall Rd., Tryon, died in Autumn Care Nursing Home, Saluda. Born in Spartanburg, S.C., he was the son of the late James B. and Katie Ross McKaig. He was the widower of Dorothy Arnett McKaig, who died in 2001. A veteran of the U.S. Air Force, having served in the Korean Conflict and Vietnam War, he retired after 21 years of service as a chief master sergeant. He returned to Polk County in 1979, working as a supervisor at Barnett Southern for approximately 16 years. After retirement, Mr. McKaig served for four years as a Polk County commissioner. He volunteered for a number of organizations including coaching football as well as Little League and Senior League baseball. He was an active member in the Tryon System Boosters CallSchool 828-863-4444 for Club andmore PTA. Bill was a meminformation ber of the Mill Creek Church of the Brethren, Green Creek.

Support the non-lethal solution

Spay or neuter your pet

Support the non-lethal solution

The following are the results of the Carolina Keglers games bowled on Wednesday, October 20, at Autumn Lanes in Forest City.

Women’s High Series: 1. Phyllis Ruegg – 437; 1. Ruby Drew – 407. Men’s High Game: 1. Warner Zipf – 195; 2. Mike Davidson – 193.

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Men’s High Series: 1. Mike Davidson – 539;

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Carolina Keglers bowling results

Women’s High Game: 1. Phyllis Ruegg – 171; 2. Dorothy Von Glahn – 152.

Call 828-863-4444 for more information

Surviving are: a son, Charles Bryan McKaig of Columbus; two daughters, Nancy and Pamela McKaig, both of Tryon; two brothers, Jesse Fred McKaig of Wake Forest, N.C., and Franklin McKaig of Tryon; three sisters, Edna Morrow and Katherine Garrett, both of Tryon, and Barbara Edwards of Johnson City, Tenn. Also surviving are two granddaughters, Kelsey and Courtney. He was preceded in death by siblings Lloyd, Floyd, James and Thelma Jean. Funeral services will be held 2 p.m. Wednesday, October 27, in the McFarland Funeral Chapel, Tryon, with Dr. Darryl E. Maxwell officiating. Burial with military honors will be in Polk Memorial Gardens, Columbus. Family will receive friends from 1 to 2p.m. just prior to the funeral in the McFarland Funeral Chapel. Family will be at the home of a sister, Edna McKaig Roach, 313 Hidden Hill Road, Tryon, N.C. 28782. An online guest register may be signed at www.mcfarlandfuneralchapel.com. McFarland Funeral Chapel, Tryon. Call 828-863-4444 for

2. Walt Flaschar – 481. Most Pins Over Average: Phyllis Ruegg - +28; Warner Zipf - +57.

Support the non-lethal Best Team (3 points) solution June Ritchie; Warner Zipf; Dave Ritchie.

Anyone wishing to join the Carolina Keglers should contact Gerri Reitz at 828-859-5206. Members are reminded to please call Gerri when they cannot bowl and to advise when they will return. – article submitted

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Tuesday, October 26, 2010

Letter to the Editor

Season to vote

To the Editor: T’was the night before elections And all through the town Tempers were flaring Emotions all up and down. I, in my robe With a cat in my lap Had cut off the TV tired of political clap-trap. When all of a sudden There arose such a noise I peered out my window Saw Obama and his boys. They had come for my wallet They wanted my pay To give to the others Who had not worked a day! He snatched up my money And quick as a wink Jumped back on his bandwagon As I gagged from the stink He then rallied his henchmen Who were pulling his cart I could tell they were out To tear my country apart! ‘On Fannie, on Freddie, On Biden and Ayers! On Acorn, On Pelosi’ He screamed at the pairs! They took off for his cause And as they flew out of sight I heard him laugh at the nation Who stand up and Callwouldn’t 828-863-4444 fight. for more information So I leave you to think On this one final note If you don’t want socialism Get out and vote. – Ann Crandall

Support the non-lethal solution

Spay or neuter your pet

Support the non-lethal solution

Spay or neuter New your arrival pet Glenna and Shannon Ledford Call 828-863-4444 for

announcemore the birth of a baby boy. information Raylan Hunter Ledford was born on August 31, 2010 at Rutherford Hospital. Raylan weighed eight pounds and 12 ounces. – article submitted


Tuesday, October 26, 2010

Tryon Daily Bulletin  /  The World’s Smallest Daily Newspaper

page

Fiber arts exhibition entry fees due October 29 The Arts Council of Henderson County announces that the exhibition Fiber Arts, which runs November 5 through 26 in the D. Samuel Neill GalNOTICE OF PUBLIC HEARING leryThe atpublic the shall Artshereby Council, 538 take notice North Main Street, 2nd floor that on Thursday, September 16,in at downtown will 7:00pm, the Hendersonville, Columbus Town Council be finalaart exhibition its willthe conduct public hearing in at the current facility. Columbus Town Hall, located at 95 Walker Columbus, NC. and The The Street, opening reception Town Council will consider awards ceremony will beZoning FriMap Amendment The day, NovemberZMA-01-10. 5 from 5:30 proposed is for a 0.90 and acre to 8 p.m.rezoning The exhibition portion at the easternmost corner of reception are free and open to property located at 94 White Drive. the public. hours are The proposalGallery would change the Tuesday through Friday, from zoning from R-2 zoning to Highway1Commercial to 5 p.m.,(H-C) and zoning. Saturdays, from The remain1ingtoportion 4 p.m.of The gallery is open the property is currently additional times by zoned H-C anddays wouldand remain that way. The proposed rezoning is to allow the appointment. property be used in compliance FibertoArts is open to lowith and the remainder the property, cal regionalofartists and including areas that combined craftspeople, andwere there is a in a previous subdivision, for the non-refundable entry fee per purposes of an outreach ministry or piece. The fee for the first ennon-profit medical facility. try All is interested waived for Artsare Council parties invited members, who are also eligible to attend the September 16th meetfor feesthe on opportunity all subseing discounted and will be given quent entries. enter to be heard. ForArtists further may information regarding this pieces public hearing, please up to three of work in contact the TownArt, Manager, Jonathan any category. applications, Kanipefees at (828) 894-8236. entry and optionalNotice artistis hereby given in accordance with NCGS statements are due October 28 160A-364. and 29. adv. 9/3, 10 The categories are Wearable, 2-Dimensional and 3-Dimensional, and are defined as: Wearable – Original design garments, scarves, shawls, purses, jewelry, liturgical, etc. 2-Dimensional 1X5 – Original 9/3, 10 design weavings, rugs, quilts, TCOL-038545 and other 2-D work. 2-D art

may be textured or have some dimensionality as long as it designed to be hung on a wall or laid flat on a bed or floor. 3-Dimensional – OrigiSPECIAL MEETING nalThere design basketry, dolls, will be an Informational sculpture andheld other 3-D work Meeting to be on October 12 at designed displayed as 7:00 p.m. atto thebe Columbus Town Hall free-standing art not on 95 Walker Street. The requiring purpose of support frommeeting a wallwill or allow similar this informal the public to surface. ask questions and obtain vertical information aboutbetheawarded Development Prizes will for Agreement between Foster Creek DeBest of Show ($200), first place velopment and the Town of Columbus. in each of the three categories A draft copy of the agreement is avail($100 each), and second place able at the Columbus Town Hall. in each category adv. 9/30, 10/7($50 each). Artists and craftspeople can receive a copy of the prospectus by visiting the arts council website at www.acofhc.org or 1X2 by contacting the arts council 9/30, 10/7 at 828-693-8504 or acofhc@ TCOL-039023 bellsouth.net. Fiber Arts is sponsored in part by HomeTrust Bank, Michaelian Home, and the TimesNews. The Arts Council’s final exhibition of 2010, “Through a Lens: Carolina Images,” will be presented at First Citizens Bank, 539 North Main Street in downtown Hendersonville. The Arts Council will be vacating its current site on the 2nd floor of the Skyland Hotel Building in December 2010, moving its offices to the Community Foundation of Henderson County’s suite at 401 North Main Street. Its two largest and most popular annual exhibitions will also have new homes in 2011: “Mentors

and Students,” which includes exhibitions of elementary and secondary students, and their art teachers, will be presented at First Citizens Bank in Spring CHANGE OF MEETING PLACE 2011, and “Bring Us Your Best On October 21, 2010, the ColumVIII” willCouncil be presented bus Town will meetatatBlue 6:00 Ridge Community College in p.m. at the Waste Treatment Plant for late summer/early fall 2011. the agenda work session. The Town excited Council willabout then recon“We’re prevene at the Town out Hall in at senting ourColumbus exhibitions 7:00 community,” p.m. for the regularly scheduled the said Doug Council meeting. Jarvis, board president of the call the Town Hall at 894ArtsPlease Council. “This new direc8236 for directions to the waste tion will allow treatment plant. us to demonstrate to the public how the arts impact Henderson County’s children and youth, and our quality of life.” 1X2 Also slated for 2011, The 10/18 Arts Council of Henderson TCOL-039341 County will curate a show of Henderson County’s finest artists that will be hosted by the Toe River Arts Council at its Burnsville Gallery, April 22 through May 14. The Arts Council of Henderson County is a community organization that promotes, advocates for and nurtures the arts in Henderson County and western North Carolina. The Arts Council is supported in part by the North Carolina Arts Council, the State of North Carolina, several funds administered by the Community Foundation of Henderson County, Henderson County government, and the Henderson County Travel and Tourism Bureau. – article submitted

Stony Knoll CME holds hot dog, bake sale Oct. 30 Stony Knoll CME Church in Mill Spring will hold a hot dog and bake sale on Saturday, October 30 from 11 a.m. until 5 p.m. at the church.

The sale is sponsored by the Stony Knoll CME Missionary Society. Proceeds are for their missions to help with Operation Santa at the Mental

Health Association in Rutherford County. The public is welcome. Rev. William Phillips is the pastor. – article submitted

Red Fox Men’s Golf ends season The next-to-the-last event of the “official” Red Fox Men’s Golf season was last Wednesday, October 20, the best net-ball in twosomes. The winners were Roger Newman and Henry Mar-

tin who posted a net 61. Dr. Bob Conrad and Bill Wuehrmann posted a net 62 to place second. The final event for the 2010 golf season will begin with a closing breakfast at 8:15 a.m. on

Wednesday, October27. Be sure to call the pro-shop at 828-894-8251 or sign up inperson by Tuesday noon to be included. – article submitted

15

Need a time check? Call 859-2231 SPECIAL MEETING There will be a special meeting of the Columbus Town Council to be held Wednesday, October 27 at 6:30 p.m. The purpose of this meeting is to visit the Hendersonville Waste Treatment Plant. Please call the Town Hall at 8948236 for more details. adv. 10/26

1X1.5 10/26 TCOL-039587

RE-ELECT

Ray Gasperson

County Commissioner

Do you want honest, hardworking leadership? Do you want solid fiscal responsibility? Do you want jobs for Polk County? Do you want to protect our rural heritage, our beautiful land, our children’s future?

Then

Ray Gasperson is your man. Paid for by the Committee to Elect Ray Gasperson.

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YOUR USE OF THIS FILE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS: Tryon Daily Bulletin, a North Carolina corporation (Tryon Daily Bulletin, Inc.), the owner and licensor of this file ("The File"), and any reader of The File agree to the following: Definition of "Content" "Content" means everything appearing within The File, The File itself, images of printed pages, printed text, disseminated text, text, the particular assemblage of words, sentences, paragraphs, articles, headlines, sidebars, pull quotes and any other text, knowledge, artwork, illustrations, logos, designs, photographs, layouts or pages. Definition of "Reader" "Reader" means an individual who has accessed The File. Definition of "Use" "Use" means a User who has accessed The File and observed and/or acquired the Content. Definition of "User License" "User License" means the granting of limited Use of The File by Tryon Daily Bulletin. Ownership of Content Tryon Daily Bulletin and its affiliates own all Content contained herein. It is a violation of U.S. Federal Law and International Law to acquire Content from The File in a manner not specifically granted by a legitimately obtained User License. Terms of Use Use of The File is subject to the terms contained in this license agreement, which you agreed to be bound to when you signed up for your subscription. If you are an anonymous user, you are subject to the same terms as though you signed up for an account. Your Use of The File constitutes your agreement to be bound by the terms set forth herein. IMPORTANT LEGAL NOTICE If you charge a fee or receive compensation of any kind for observing and/or providing Content acquired from The File to any person or entity, then you must obtain a "Business User License", and if the observations you make or Content you provide is distributed in any manner, or your business depends in any way upon Use of The File and/or the Content, then you must obtain a "Media License". User License A limited User License is hereby granted to users subject to the following conditions: User agrees that all Content contained herein is copyrighted material. Additionally, there may exist third-party copyrights. Retyping, scanning or otherwise capturing and/or storing words, photographs, illustrations, advertisements, or any other Content whether electronic, mechanical, by hand or any other means is strictly prohibited, is a breech of the License Agreement, may violate international copyright laws and lead to legal action including termination of the User License. User agrees that this User License does not transfer any ownership or rights of any


kind to User, and further agrees not to engage in any activity that may lead to Content being used in any commercial manner. Acquiring a User License A User License is acquired only by subscribing to Tryon Daily Bulletin; or by contacting Tryon Daily Bulletin, and receiving a written User License. User License - Business User (non media) "Business User" means Use of The File will be in the course of non-media related business activity. Business User agrees that this User License does not transfer any ownership or rights of any kind to User, and further agrees not to engage in any activity that may lead to Content being used in any media-related commercial manner, except: 1. Business User may capture or retype text, and download and reproduce images on paper only, so long as Content is not reproduced in any manner more than 500 times; and the following credit is included in any reproduction of Content: "© Tryon Daily Bulletin". 2. Content is used in a manner consistent with the normal and customary business practices of the Business User. Business User may not charge a fee or receive compensation of any kind for observing and/or providing Content acquired from The File to any person or entity that is defined herein as, or is likely to be, a "media user". Business User Licenses are granted with purchase of Corporate Subscriptions. To purchase a Corporate Subscription, contact the Tryon Daily Bulletin. Examples of allowable Use by "Business User" . Law firm researching Content for legal proceeding on behalf of paying client . Manufacturing company reproducing Content about their business for the purpose of self-promotion . Drug company gathering statistical data for research of new medication . Studio production company researching social trends for development of new television program User License - Media User "Media User" means Use of The File will be in the course of a business activity which depends upon Use of the Content, may include charging a fee or receiving compensation of any kind for observing and/or providing Content acquired from The File to any person or entity, or distributing Content in any manner. If observations you make or Content you provide is distributed in any manner, or if your business depends upon Use of The Web Site and/or the Content, then you must obtain a "Media License." This includes, but is not limited to published works, television, radio, recordings, film, web sites and archives. Media User Licenses are granted on an individual basis. To learn more contact the Tryon Daily Bulletin. Examples of Use by "Media User" • Genealogical professional researching family history on behalf of paying client • Non-profit organization Use of Content to build support of fund-raising activities • Published work in which Content is used • Clipping Service • Studio production company producing programming in which Content is used • News and content mining


• • • •

Storage of Content in any manner Distribution of Content in any manner Use of Content on web sites or other digital manner Any number of reproductions of Content in any manner in excess of 500

User License - Educational User "Educational User" means Use of The File will be in an educational or scholastic setting. For information, Contact Us Limited Warranty Tryon Daily Bulletin represents and warrants that it has the right and authority to provide the Content on the Website pursuant to this license. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE CONTENT ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TRYON DAILY BULLETIN AND EACH THIRD PARTY SUPPLIER OF CONTENT EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation on Liability Tryon Daily Bulletin and third party suppliers of Content shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions in the Content in The File, (b) the unavailability or interruption of Content on The File, (c) your use of the Content in The File (regardless of whether you received any assistance from Tryon Daily Bulletin), (d) your use of any equipment in connection with the Content on The File, (e) the Content, or (f) any delay or failure in performance beyond the reasonable control of Tryon Daily Bulletin and third party suppliers of Content. THE AGGREGATE LIABILITY OF TRYON DAILY BULLETIN AND THIRD PARTY SUPPLIERS OF CONTENT IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE CONTENT ON THE FILE SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST TRYON DAILY BULLETIN AND THIRD PARTY SUPPLIERS OF CONTENT. TRYON DAILY BULLETIN AND THIRD PARTY SUPPLIERS OF CONTENT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE CONTENT ON THE WEBSITE, MATERIALS, OR THE FAILURE OF TRYON DAILY BULLETIN AND THIRD PARTY SUPPLIERS OF CONTENT TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF TRYON DAILY BULLETIN AND THIRD PARTY SUPPLIERS OF CONTENT. Miscellaneous The failure of the provider of Tryon Daily Bulletin or any third party supplier of Content to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Content in The File without the prior written consent of Tryon Daily Bulletin.


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