Community News
Macoupin County suing manufacturers, distributors of opioids
Macoupin County is among the latest among hundreds of government entities to file suit against the manufacturers and distributors of opioid pain killers in response to the ongoing opioid crisis nationwide. The suit, which some say is similar to suits brought against the tobacco industry in the 1990s, was filed last week in Macoupin County Circuit Court.
Attorneys from Simmons Hanly Conroy, a national law firm with a local office in Alton, will be the lead litigators in the lawsuit, though Macoupin County States Attorney Jennifer Watson is a signatory to the suit. Watson told the BenGil Post she decided to proceed with the lawsuit after being contacted by representatives of Simmons Hanly Conroy. She said her role will be limited to providing information to the lead litigants.
“Simmons Hanly Conroy are the experts in this field,” Watson said “Although I will advise and be informed throughout this process, I will leave the litigation to the experts.” Simmons Hanly Conroy are representing the county on a contingency basis, meaning the law firm will be paid only if they secure a settlement.
The case is similar to hundreds suits filed by states, counties and municipalities nationwide. Simmons Hanly Conroy alone has filed more than 200 such suits in various jurisdictions throughout the United States.
“This lawsuit represents Macoupin County’s dedication to combatting the worst drug crisis our country has seen,” said Simmons Hanly Conroy Shareholder Paul J. Hanly, Jr., lead co-counsel for the county in this case. “County leaders have concluded that drug companies and distributors must be held accountable. We will work together to seek justice for the residents of Macoupin County.”
[pullquote]“This lawsuit represents Macoupin County’s dedication to combatting the worst drug crisis our country has seen,” said Simmons Hanly Conroy Shareholder Paul J. Hanly, Jr., lead co-counsel for the county in this case. [/pullquote]
Defendants in the lawsuit include drug makers Purdue Pharma, L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Abbott Laboratories; Abbott Laboratories, Inc.; Teva Pharmaceuticals USA, Inc.; Cephalon Inc., Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutica, Inc.; Endo Health Solutions Inc.; and Endo Pharmaceuticals, Inc. Drug distributors named in the lawsuit are McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Drug Corporation. The American Academy of Pain Medicine, American Geriatric Society, and American Pain Society are also named in today’s lawsuit for allegedly working with the manufacturing defendants in promoting opioids to doctors and patients.
Opioids are chemical compositions that are similar to opiates such as heroin. With brand names such as Oxycotin, Fentanyl, Percocet, opioids are often prescribed by physicians for pain management. The Macoupin County lawsuit accuses the defendants of urging physicians to prescribe opioids for long-term or pain management and misrepresenting the risk of addiction when the drugs are prescribed to treat chronic pain. The suit claims the drugs can be effective for short-term pain management, but that the defendants have no data to support their contention that opioids are safe and non-addictive when used for chronic pain management.
In the complaint, the county seeks relief for costs the county incurred to combat the public nuisance created by the drug companies’ deceptive marketing campaign that misrepresents the safety and efficacy of long-term opioid use. Additionally, the complaint alleges that the crisis was fueled and sustained by those involved in the supply chain of opioids, including manufacturers and distributors, who failed to maintain effective controls over the distribution of prescription opioids and who instead have actively sought to evade such controls.
The number of deaths from opioid overdoses in Macoupin County nearly doubled from six in 2015 to 11 in 2016, according to the suit. Additionally, the county has incurred other costs in connection with dealing with opioid addiction.
“We are seeking relief for the cost to the county to combat the public nuisance created by the drug companies’ deceptive marketing campaign,” Watson said. “Apart from the toll on human life, the crisis has financially strained the services the county provides its residents and employees. The defendants’ conduct caused the county to incur substantial economic, administrative and social costs relating to opioid addiction and abuse, including criminal justice costs, victimization costs, child protective services costs, lost productivity costs, and education and prevention program costs.”
Weighing in at more than 100 pages, the suit outlines a complex alleged relationship among drug manufacturers, drug distributors and third-party entities such as the American Pain Society, American Academy of Pain Medicine and American Geriatric Society, each of which distributed informational materials and continuing medical education programs designed to convince doctors the drugs were safe to be described to their patients for long-term pain management. The suit claims the manufacturers circumvented federal drug regulations regarding the marketing of their products by manipulating and controlling the content of materials distributed by the third-party defendants by providing grants and incentives to influence how those entities portrayed the benefits and risks of opioid use.
[pullquote]The suit identifies nine “causes of action,” including consumer fraud, deceptive acts and practices, insurance fraud, unfair competition and deceptive trade practices, civil conspiracy, public nuisance, negligence and unjust enrichment.[/pullquote]
Even though the manufacturers knew the risks associated with long-term opioid use, the suit alleges they “sought to create a false perception of the safety and efficacy of opioids in the minds of medical professionals and members of the public that would encourage the use of opioids for longer periods of time and to treat a wider range of problems…in order to expand the market for opioids and realize blockbuster profits.”
As a result of the promotional campaign, the amount of prescription opioids sold in the U.S. nearly quadrupled since 1999, according to the suit. In 2010, 254 million prescriptions for opioids were filled in the U.S, the suit claims—“enough to medicate every adult in America around the clock for a month.” Further, the suit alleges the defendants targeted vulnerable populations, including veterans and the elderly.
Among the false claims the defendants made regarding opioids, according to the suit, were claims the drugs were not addictive when used long-term, that they are safe and improve function. The suit claims there is no foundation for those claims and that, in fact, the drugs, while effective for short-term pain management, are unsafe and highly addictive when prescribed for long-term use. Long-term users also experience lowered mental function, according to the suit. Opioid users find they must take increasingly larger doses as the efficacy of the drugs decline over time.
Allegations against drug distributors, include claims that they failed to monitor quantities of opioids shipped to local outlets and failed to report suspicious orders of large quantities—giving rise to the establishment of “pill mills” to supply addicted persons were more drugs. The suit alleges that persons who become addicted to opioids because of the defendants’ actions often turn to cheaper, illegal alternatives such as heroin, when the cost of opioids exceed their ability to pay.
The suit identifies nine “causes of action,” including consumer fraud, deceptive acts and practices, insurance fraud, unfair competition and deceptive trade practices, civil conspiracy, public nuisance, negligence and unjust enrichment.
The suit seeks compensatory damages, treble damages under state statute, a court order requiring the defendants to abate the public nuisance, punitive damages, interest and court costs.
A jury trial is demanded.
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Ye Olde Christmas is the theme of the Macoupin County Historical Society’s annual Christmas Show, which will be held Friday through Sunday, December 5–7, at the John C. Anderson Home and Museum, 920 West Breckenridge in Carlinville.
“The Christmas Show is one of the most magical times to visit the Anderson Home,” said MCHS Board Member and House Manager Brandy England. “Some families make it an annual Christmas tradition to visit the Anderson Home when it is decorated for Christmas. It’s a great opportunity to get into the Christmas spirit and pick up some ideas for decorating your own home for the holidays.”
MCHS member Kendra Mize, of Bunker Hill, who has coordinated the decorating effort for more than two decades, has again marshalled a small army of volunteers to decorate all 13 rooms of the home. Each room features a themed Christmas tree, along with mantle pieces, centerpieces, tabletop decor, garlands and florals, and other special touches.
The home will be open for self-guided tours from 4 p.m. to 9 p.m. on Friday, December 5; from 9 a.m. to 9 p.m. on Saturday, December 6; and from 10 a.m. to 3 p.m. on Sunday, December 7.
“We’re very excited to offer for the first time candlelight tours from 6 p.m. to 9 p.m. on Friday and Saturday,” said Shawna Ashby, who serves as a co-manager with England. “Viewing the decorated home by candlelight promises to be a magical experience.”
The final candlelight tours on Friday and Saturday start at 7:30 p.m. Admission to the home is five dollars for adults and one dollar for children ages five to 12, with four-year-olds and younger admitted free of charge.
The Anderson Home Gift Shop will be open during tour hours, offering one-of-a-kind gift items and stocking stuffers. Santa Claus will be on hand in the downstairs parlor to greet children and listen to their Christmas wishes from 1 p.m. to 4 p.m. on Saturday, December 6.
While the decorated home is the centerpiece of the Christmas Show, several other features on the Historical Society’s grounds will be open. The Red Barn will be open and serving hearty beef stew, chili, homemade pies, and warming holiday beverages such as wassail and hot chocolate on Friday and Saturday.
The General Store and Print Shop will be decorated and open to the public, with the Print Shop offering its popular handmade Christmas cards and other items produced in the shop; kids can print their own blank “Santa List” to keep track of their Christmas wishes.
“The General Store offers unique gift items, including some small antiques, for shoppers to peruse,” England noted.
Local blacksmiths will demonstrate their craft in the MCHS Blacksmith Shop located on the north side of the Historical Society Grounds, with wrought iron gift items, including stocking hooks and decorative pieces, available for purchase.
The Macoupin County Historical Society’s Christmas Show runs concurrently with the Carlinville Christmas Market and Downtown Christmas events, and a free trolley and shuttle buses include the Anderson Home as a regular stop during the festivals, enabling visitors to ride from the square or the Macoupin County Fairgrounds to the Historical Society grounds.
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Members of the Community Unit School District 7 Board of Education on Monday night voted to approve a property tax levy request totaling $3,920,295 for 2025 property taxes payable in 2026. Because of tax caps and other factors, however, the district expects to collect only an estimated $3,786,607 of the requested amount.
In addition to acting on the tax levy, the board also held a lengthy discussion regarding annual district “report cards” issued by the Illinois State Board of Education to assess school performance from last year, approved a high school band/choir performance trip to Chicago in March, and agreed to apply for a school maintenance grant of up to $50,000 in matching funds.
The new proposed levy exceeds last year’s tax extension of $3,599,569 by more than $320,726—an increase of about nine percent if the levy were to be approved at the county level. The more realistic anticipation of $3,786,607 exceeds last year’s extension by $187,038, or an increase of about three percent. A Property Tax Extension Limitation Law (PTELL), approved by Macoupin County voters in 1995, restricts increases in the levy to five percent or the federal Consumer Price Index (CPI), whichever is less. This year’s CPI is estimated at 2.9 percent.
The approved levy seeks $1,650,000 for the Education Fund while expecting to realize $1,653,831; $450,229 for Operations & Maintenance, while anticipating $438,041; $200,000 for Transportation while expecting $180,434; $35,000 for Working Cash while expecting $42,602; $174,700 for the Illinois Municipal Retirement Fund while anticipating $117,788; $154,101 for Social Security while expecting $105, 248; $247,264 for Tort while anticipating $240,570; and $33,501 for Special Education while expecting $32,593. For Bond and Interest, which is not subject to PTELL, the district is levying $975,500 while anticipating the same amount.
Local property tax revenue accounts for about 20 percent of the district’s overall annual budget.
Because the levy request exceeds 105 percent of the previous year’s extension, a public hearing is required. That hearing is scheduled at the start of the board’s regular December meeting at 6 p.m., Monday, Dec. 15. In the meantime, the proposed levy is available for public inspection on the district’s website and in the district office.
Using a PowerPoint presentation, Owsley emphasized the levy request is essentially a wish list for what the district would like to raise through property taxes.
“The levy is the ‘Christmas list’ I talk about every year,” Owsley said. “If you don’t put it on the list, you’re not going to get it.”
Projecting what the district can legally seek under tax caps can be challenging because the district’s total equalized assessed valuation will not be confirmed until after Jan. 1 while state law requires the district to file its levy request before the end of December. For that reason, local school districts routinely file requests that exceed what they actually expect to receive in property tax revenue, and rely on the County Clerk to adjust the request to the maximum amount the district can receive.
“Because of tax caps, we have one shot to capture increases in the EAV and new construction,” Owsley said. “If we don’t do that, we lose it in perpetuity.”
To calculate the new levy, Owsley projected a 15.12 percent increase in the EAV—nearly double the previous year’s rate of increase. By overestimating the EAV growth, the district expects to capture the entire increase in assessed valuation when that number is finally determined.
“Even though we know the EAV will likely be around the historical average, we base our levy on a much higher amount so as not to lose revenue from new growth,” Owsley told the board. “We can do this without running the risk of overtaxing taxpayers because the district will receive no more than what we are entitled to by law.”
Owsley said relatively stable increases in EAV have resulted in a steadily declining tax rate. Since 2014 when the rate was $4.24 per $100 in EAV, the rate has fallen to $3.20 for 2024. In other words, the county can use a lower rate to generate the extension to which the district is entitled because the value of taxable property has increased.
“As long as the EAV goes up by more than the Consumer Price Index, our tax rates are going to go down,” Owsley noted.
SCHOOL DISTRICT REPORT CARDS
The board spent several minutes discussing recently released school report cards issued by the Illinois State Board of Education. Interested persons can view local report cards by visiting https://www.illinoisreportcard.com/.
All three attendance centers received a “Commendable” designation, meaning there are no student groups that are underperforming academically, and the high school graduation rate exceeds 67 percent. Last year, BenGil Elementary School achieved an “Exemplary” designation—the top designation a school can achieve.
Elementary Principal Angela Sandretto said administrators knew the school would not earn an Exemplary rating, even though students are state average in English/language arts, math and science. The Report Card designations are based on growth rather than academic performance. With students already exceeding state standards last year, the opportunity for growth was limited.
Assistant Principal Tara Cooper agreed, noting BenGil Elementary’s student performance is in the upper half of schools statewide that are meeting academic standards. “So, while we are not ‘Exemplary,’ we’re very happy with where we are.”
Supt. Owsley told the board the State Board of Education is working on revamping the assessment system because of the growth vs. performance issue. “That’s why they’re redoing all of this because they are penalizing schools for meeting goals,” he said.
For Gillespie Middle School, the report card shows students meeting or exceeding state averages in math and science but significantly lagging in English/language arts.
“ELA is our most concerning area,” Principal Patrick McGinthy told the board, “along with absenteeism.” The report card shows a chronic absenteeism rate of 25 percent, but Owsley and other administrators said the rate is exacerbated by the State Board of Education including nearly all absences whether or not they are excused.
Rosentreter noted the State Board will allow a student to be absent five days for illness without a doctor’s excuse. On the sixth day, however, the absence is unexcused unless the parent or guardian provides a doctor’s slip. Many parents, however, are reluctant to pay for a doctor’s visit for a child that is suffering from a minor illness.
McGinthy said Middle School teachers are attempting to address the deficiency in English/language arts by increasing writing exercises and requiring students to write in conjunction with other curriculum areas.
Rosentreter noted that the assessment standards for high schools differ from the standards for elementary and middle schools in that the State Board emphasizes graduation rates. For Gillespie, the graduation rate is an impressive 86 percent, though chronic absenteeism checks in at 31 percent.
“Math is definitely our shining star,” Rosentreter said, noting the school scored 17.8 points compared with the state average of 18. The school performed less well in the areas of English/language arts and science, scoring 16 points on ELA compared with the state score of 18 and 17.2 points compared with the state average of 19.
The report cards are based on results for the Illinois Assessment of Readiness (IAR) test for elementary and middle school students, and ACT scores for high school students.
Administrators said it’s difficult to motivate students to do well on state-mandated tests since the tests do not affect the student’s grade point average. To incentivize testing, Rosentreter said the high school is offering to let students skip final exams if they hit state standards on the mandated tests.
Owsley noted that the district report card documents the continuing decline in school enrollment—dropping from 1,325 seven years ago to 1,082 for the 2024-25 academic year.
“We don’t see that turning around anytime soon,” Owsley said. “It’s not just a Gillespie thing; it’s a trend for schools throughout Macoupin County.
BAND/CHOIR TRIP TO CHICAGO
Following a presentation by band/choir instructor Brad Taulbee, the board approved a high school band and choir performance tour to Chicago set for March 19-21. Taulbee said the tour company retained for the trip places emphasis on security and safety for traveling students. The company supplements hotel security with its own security personnel to monitor student rooms during the trip.
The tour includes workshop sessions at Vandercook College in downtown Chicago, and performances by the choir at the John Hancock Center and by the band at one of the city’s museums.
Taulbee said he is attempting to keep the cost affordable for participating students. Depending upon the number of students who ultimately go on the trip, he said he expects the cost to be about $739 per person. Additionally, he is lining up sponsors who can help with expenses for students who could not otherwise afford to participate.
“Security is my main concern,” said Board President Mark Hayes. “We just came back from there and seven people were shot in the area we were in.”
Taulbee said he expects to recruit seven to 10 chaperones and will ensure that the ratio of students to chaperones does not exceed 1:10.
SCHOOL MAINTENANCE GRANT
The board concurred with Supt. Owsley’s recommendation to again apply for a state School Maintenance grant of up to $50,000. The grant is a “matching” grant requiring the district to match grant funds dollar for dollar. The district has successfully applied for the grant for the past several years.
If the application is successful, Owsley said the funds will likely be used to remove asbestos-containing floor tiles in the choir room and elsewhere in the Middle School.
PERSONNEL
Following an executive session of about 40 minutes to discuss personnel and other issues, the board voted unanimously to accept the resignation of Tim Wargo as an assistant high school baseball coach and post the position as vacant, and voted to appoint Wargo as the head high school baseball coach for the coming season.
In separate actions, the board approved maternity leaves for Alexis Lupkey, district paraprofessional, and Gear-Up Coordinator Jordan Bartok. Lupkey’s leave is tentatively scheduled from Dec. 8 through March 18. Bartok’s leave is expected from Dec. 12 through Jan.6.
Board members voted unanimously to hire Christopher Whaley as a substitute bus driver, pending a routine background check and documentation of certification.
The board also voted unanimously to terminate Makayla Huff as a three-hour cook and post the position as vacant.
On a motion by Bill Carter, seconded by Weye Schmidt, the board voted unanimously to rehire fall coaches as follows: Jordan Bartok as head high school girls volleyball coach with Shelsie Price, as an assistant coach; Cory Bonstead as head football coach with Nate Henrichs, Jarrod Herron, Korben Clark, Alex Jasper, J.O. Kelly, Billy Gill and Florian Seferi as assistant and volunteer assistant coaches; Jay Weber as head coach for the parent-funded high school cross-country program with Jack Burns as a volunteer assistant coach; Jake Kellebrew as head coach for the parent-funded high school golf program, with Michael Otten as a volunteer assistant coach; Tim Wargo as head middle school baseball coach with Trae Wargo as assistant coach; Michelle Smith as head middle school softball coach with Jim Matesa, Joe Kelly and Melissa Heigert as assistant coaches; and Liz Thackery as head coach for the parent-funded middle school cross-country program with Laura Peterson as a volunteer assistant coach.
DISTRICT FOCUS
During a District Focus segment, Supt. Owsley introduced newly hired School Resource Officer Jacob Linhart, and High School Principal provided a report with photos of a recent school-wide Veterans Day observance.
Linhart, who has served five years as a police officer on the Gillespie Police Department, replaces Wade Hendricks, who recently retired after serving three years as the CUSD 7 School Resource Officer.
Linhart said it is a “great privilege” to serve as a Resource Officer, protecting students and staff. “I’m honored that you guys are allowing me to do it,” he said.
High School Principal Rosentreter said the school served breakfast to about 200 veterans and their families Tuesday morning, Nov. 11. Later, the veterans were joined by nearly 700 high school and middle school students for a recognition ceremony in the high school gymnasium.
Since the event coincided with the 25th anniversary of CUSD 7’s Wall of Honor program, the annual event did double duty as an induction ceremony for five are individuals, all of whom happened to be U.S. Military veterans.
The inductees included the late Sergeant Major John Marion Malnar, Command Sergeant Major John “Jack” Burns, Colonel Mark Daley, Lieutenant Colonel William P. Falke and Captain Robert Leone. Rosentreter said Daley and Leone traveled with their families from Colorado and Texas, respectively, to attend the ceremonies.
Burns, a retired CUSD 7 teacher, later visited BenGil Elementary School to present a program and teach students how to properly fold an American flag.
Rosentreter recognized the City of Gillespie for a donation of $1,000 to help purchase food for the veterans.
Born in Benld and a resident of Sawyerville, “Big John” Malnar earned a Silver Star during the Korean Conflict and a Gold Star, awarded posthumously after he was killed in action in 1968 in Vietnam. A Marine training center at Camp Geiger in North Carolina is named in his honor.
Though not a Wall of Honor inductee, Jacob Miller, a 100-year-old World War II veteran and recipient of two Purple Hearts, was recognized with a standing ovation.
The annual Veterans Day breakfast and ceremony provides students with an opportunity to meet and recognize local veterans as potential role models for their own futures.
Owsley said the event is a major event on the district’s calendar which grew out of a simple flagpole ceremony initiated 25 years ago.
CEJA GRANT FUNDS
Board members briefly discussed plans for about $74,000 in anticipated Climate and Equitable Jobs Act (CEJA) grant funds. The federal program is intended to compensate communities that have experienced revenue loss as a result of coal mine closures.
Owsley said the district committed about $86,000 in last year’s CEJA grant funds to the City of Gillespie to help pay for improvements to Plum Street, which is heavily used by district school buses. He has not transferred those funds, however, pending the start of the project.
Owsley said he was seeking the board’s input on how the money should be used.
“We could continue to partner with the city on Plum Street,” he said. “But there are plenty of project areas within the school.” The money could be used, for example, for continuing asbestos abatement. He identified other upcoming needs, including a new roof for the high school/middle school and an HVAC project.
President Hayes pointed out the school district paid for improvements to Kelly Street when BenGil Elementary was built and subsidized a project to reconfigure drainage on Broadway Street, in addition to the dollars committed for Plum Street.
“The school district is not in the business of building roads,” he said. “I think we’ve been more than generous with the city.”
Board member Peyton Bernot agreed the money should be committed for use by the school district.
TRIPLE I CONFERENCE
Several board members who attended a conference for board members and administrators Friday-Saturday, Nov. 21-23, in Chicago, commented briefly about their take-aways from conference sessions. Popularly known as the Triple I Conference, the convention is sponsored by the Illinois Association of School Boards, Illinois Association of School Administrators and the Illinois Association of School Business Officials.
Owsley said more than 700 Illinois school districts were represented, making the Triple I the largest gathering of education professionals in North America.
Bernot briefly reported on a session he attended regarding upcoming legislation and financial outlooks for school districts. He described the session as “much less optimistic” than sessions he’s attended in the past.
Owsley was among the convention presenters, discussing social-emotional learning. He commented that several districts attending reported efforts to involve students in school administrators. Some districts, he said, appointed a non-voting student representative to the school board to take part in discussions directly affecting students.
“When you think about it, we hear from faculty members and we hear from parents,” Hayes commented. “The people we don’t hear from are the most important part of what we do.”
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The Holiday Sparkle Committee of Gillespie is preparing for the 4th Annual Holiday Sparkle Lighted Parade and Community Tree Lighting, set for Sunday, November 30, at 6:00 p.m. in downtown Gillespie. This beloved community tradition invites residents and visitors to kick off the holiday season with lights, music, and festive cheer.
Food trucks will line the parade route starting at 4:00 p.m., offering a variety of tasty options for families to enjoy before and during the celebration. The event will culminate in the illuminated parade and the ceremonial lighting of the community tree, signaling the official start of the season’s celebrations.
A highlight of this year’s festivities will be a special performance by Gillespie area students in grades 3 through 5. The group will join together to sing Christmas carols, lending their voices to the town’s joyous welcome to the holidays.
Parade participants are invited to bring extra sparkle to the evening—whether by entering a parade float, walking in the parade, or simply attending to enjoy the atmosphere. Participation helps make the event truly magical for the entire community. The only requirement for the parade is all entries have to incorporate holiday lighting.
To join the parade lineup, interested participants can sign up at https://forms.gle/L7Q4tEkgjj8Lt5E47. The Holiday Sparkle Committee expresses gratitude for the ongoing support of residents, businesses, and volunteers who help bring this festive occasion to life each year.
The second part of the holiday festivities will take place on Saturday, December 13 when the Sparkle will sponsor the vendor fair and food trucks in downtown Gillespie including a visit from Santa. Vendors will be located in the Gillespie Civic Center, Zion Lutheran Church, and Emma G’s Upscale Boutique while local businesses and eateries will also be open. An egg nog jog benefitting Gillespie Cross Country will also be held on December 13 and interested participants can join here.
The Holiday Sparkle Committee invites everyone to mark their calendars and join in the celebration. For more information, please contact the committee by email at gillespieholidaysparkle@gmail.com or visit Gillespie Holiday Sparkle on Facebook.
