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The Tomball City Council once again discussed changes to the city's fencing ordinance, after receiving a flood of comments from concerned residents.

The Jan. 21 meeting opened up with comments from residents, as well as email and written comments regarding the fencing rules.

"What right does the city council have to tell us what kind of fencing we can have in terms of how high – in terms of what our property can look like?" said Tomball resident Leslie Lagerquist. "Please reconsider and come up with something a little more thoughtful."

City Secretary Doris Speer then read more than a half dozen emailed remarks, all in opposition to the recent changes.

"With the current increase in violent crimes and home invasions in Harris County, I would like to retain the option of installing a fence in my front yard to aid in protecting my family against a home invasion," wrote Tomball resident Johnny Dove.

City Planner Rebecca Guerra told council she did not have a problem with amending the ordinance further, but was looking for guidance on how they wished to proceed.

"When I came to Tomball I read the existing fencing ordinance and found that it was not only difficult to understand, but difficult to enforce," she said.

Council did discuss more proposed changes to the ordinances, such as allowing for six-foot high fencing in certain zoning areas with larger lots. Guerra pointed out that residents concerned with the height of the fence was worth considering, but that the four-foot high fence rules for front yards had been in effect since 2008.

"The current zoning ordinance, which was passed by the city of Tomball in 2008, states that the maximum height for a fence in the front yard is four feet," she said.
Council will take up a first reading of amendments to the ordinance at their next meeting.

In other business the council debated on whether to continue to waive impact fees for new businesses looking to open in the downtown Tomball area.

The city has waived the sewer and water impact fees before, during a meeting last September. The fees were waived for 180 days for the Old Town area. Council members seemed in agreement that waiving the fees could encourage new development and help smaller mom and pop type businesses get started.

Council directed city staffers to write an ordinance waiving the fees, which will be presented at the next council meeting.

Tomball Public Works Director David Kauffman told council members that the project to build new restrooms at the Tomball Depot Center was moving along.

"We hope to bring the proposal (for final designs) to council at the next meeting," he said.

City workers estimate the project to cost around $125,000 and will be built to look like the depot building.

Harris County Commissioners have agreed to a proposal to help Montgomery County build its portion of the SH 249 toll road.

The Memorandum of Understanding, signed by commissioners, states that Harris County will lend up to $20 million to develop SH 249 from Spring Creek to FM 1774.

"To understand this you have to go back about 10 years when the Westpark Freeway and the Ft. Bend Highway was going in," said Harris County Pct. 4 Commissioner Jack Cagle. "There were concerns that Harris County was going to spend a lot of money on our side and then have to wait for Ft. Bend County to catch up."

So Harris County eventually agreed to lend Ft. Bend County $15 million to complete their portion, according to Cagle.

"That success is the model for our partnership with Montgomery County," he said.

Cagle said that while Montgomery County could ultimately afford the project on its own, the length of time it would take would slow the project.

"It could delay it, even by several years," he said.

Cagle said the speed with which Harris and Montgomery counties have come together to start the project has caught the attention of state officials.

"TxDOT has now committed to extending the Aggie Freeway all the way out to highway 6, once it is complete to 1774," he said.

The first phase of the project will be Harris County's, where they will expend 249 from Spring Cypress Road to FM 2920. Construction on that is expected to begin this fall. The second phase, from FM 2920 to FM 1774, will begin about a year later. Cagle said TxDOT will follow a year after that, beginning work on the extension to SH 6 in Navasota.

Cagle praised Montgomery County Commissioner Craig Doyal for his hard work and cooperation on the issue.

"He (Doyal) definitely understands that a rising tide floats all ships," he said.

Cagle said the loan will be at a standard commercial rate, which Montgomery County will pay back once they secure revenue bonds, which will then be paid off using toll revenues.

"This area is so congested that it has hindered its growth," Cagle said. "This is akin to taking the locks off this area and allowing business to just flow in."

"With the 249 project and Grand Parkway coming soon as well, I see this area becoming a prime attraction for business and growth, not just regionally but nationally as well," he added.

Magnolia Chamber of Commerce Chairman Barry Tate knows this development is important to the area and its businesses.

"We want to be sure our chamber members are informed about the SH 249 road project, because we feel this project could really impact them, both during construction and after the road opens," Tate said. "That is why we are devoting our February luncheon to this topic, and have invited quest speakers to be sure everyone has a chance to get their questions answered."

The Tomball City Council and the Tomball Economic Development Corporation (TEDC) recently began discussions on financing for a new business park in Tomball.

The park, which will be located at the corner of Hufsmith-Kohrville and Holderrieth roads, was moved into the design stage late last year.

"When I came on board the TEDC in March of 2011, we started doing analysis on the economic development side to see where we were and what we found was that costs associated with developing in many areas were challenging because of the lack of infrastructure," TEDC executive director Kelly Violette said.

Violette said that Tomball has lost a lot of potential business because of a lack of build-ready site locations.

"We are losing a lot of potential clients because we have a minimal amount of sites that are ready to develop," she said.

The TEDC recently approved $1.7 million in funding for the sites planning and design stages and recently met with council members to discuss financing options for the construction of the park. Violette said that they estimate the total cost for the site to be around $14 million, including the money already spent for design.

"We have had a number of discussions to talk about what is available as far as financing goes," she said. "We want to make sure that the amount we borrow and the cost to borrow are affordable."

Violette said that preliminary discussions are leaning toward the city issuing bonds, that TEDC will be responsible for paying back. The bonds will be of the type that will not require property taxes to go up.

"The next step is that the city's financial advisor and bond counsel will come and give council and TEDC a checklist of what's needed to make sure the responsibility of paying is on the TEDC," she said, adding that the process will take about four months.

The planned 102-acre park has already received interest from numerous companies, according to Violette. Current designs outline potential lots and Violette said that companies can purchase any size lot they desire, as long as it is a minimum of 5,000 square feet.

Current interest in the park has come mainly from oil and gas companies.

"The indications are that it will sell out quickly," she said. "What is exicitng is that we can be somewhat selective and find companies that fit with Tomball. We are looking for companies with good track records."

Members of the Tomball High School Student Council rewarded area police officers, firefighters and EMS workers for their dedication, by providing a free lunch for them Jan. 30. Students called it the Food for Courage campaign.

"We started this five years ago with a Cookies for Courage campaign and it evolved into serving an entire meal," said student council advisor Billie Ann Dio. "It's a way of giving back and a good way for the students to see the true heroes of the community."

The students served beef stew, rice, salad, bread and desserts. The desserts were made by the students, while the staff of the Tomball High School cafeteria helped make the rest of the meal.

"It's a great blessing for me to be able to do something like this," said student council President Anna Liu. "A lot of people my age don't get to contribute to their community. I get a lot out of giving back. I love getting to show them gratitude for all that they do for us."

Student Matthew Pallini agreed with Liu.

"It's very comforting to help the people who help us," he said.

Cpt. Daniel Hancock of Northwest EMS said recognition and appreciation like this makes the job worthwhile.

"We don't work for thank you's, we do this because we love to help, but something like this is very nice and motivational," he said.

Tomball Police Cpt. Rick Grassi said that seeing the area youth come together like this gives him hope for the future.

"It's wonderful to see the youth leaders of the community showing their appreciation for the men and women of public safety," he said. "Seeing these kids reach out to recognize us inspires me and I hope that we inspire them to help others as well."

A police chase through the back streets of Tomball ended peacefully in the suspect's driveway, as officers took the man into custody without incident Jan. 29.

Tomball police said that Ronald F. Toney, 37, of Tomball, fled from Officer C. Burns, after he tried to stop Toney in the 600 block of James Street late that afternoon.

The chase started near the city's public works building, winding its way to McPhail Street, where police say that Toney went westbound until he got to Cherry Street. Toney then allegedly headed south on Cherry, turned right on Belmont until the chase ended in the suspect's driveway on Willowick Street.

"Once he stopped, we did a high risk takedown and he obeyed all our commands," said Tomball Police Cpt. Rick Grassi. "At that point he was cooperative."

Other officers that were on location of an automobile accident near the Tomball Community Center laid spike strips across Cherry Street during the pursuit, in anticipation of Toney heading north on Cherry.

Grassi said the man gave them an odd reason for fleeing.

"When I asked him why he did it he said he didn't have insurance or a driver's license," he said. "So something that would have been a ticket, or at worse a few hours in the Tomball jail turned into a felony evading charge."

According to the Harris County District Clerk website, Toney bonded out of jail Jan. 31, posting a $5,000 bond.

Toney's previous criminal history only shows an infraction for possessing marijuana in 2011. His next court appearance is set for Feb. 18.

Tomball ISD recently put together a steering committee last October to look at ways the growing district could prepare for current and future needs. That committee presented its findings to the public during a recent public forum.

"The growth we are experiencing now requires us to look towards future needs, as well as maintaining what assets we have now," said steering committee chair Rick Pritchett.
Charged by the school board with that goal, the committee identified several areas which they studied. They included new schools, a way to take care of current facilities and capital improvements, new technologies and transportation.

When it comes to future growth, the committee will recommend four new campuses be built, at a cost of around $110 million. New schools recommended are a new elementary school and junior high in The Woodlands, as well as a new fifth and sixth grade campus and a new elementary on the districts south side.

The need for these schools is based on projections in growth through the 2018-19 school year.

"The growth we have experienced in the district has primarily been in the northeast and south side of the district," Pritchett said.

The committee also looked at ways to improve and maintain current schools, as well as improvements in technology and transportation. The improvements the committee will recommend in those areas are estimated to cost around $58 million.

"We have to provide for and take care of the assets we have, as well as provide new technology for the students and keep up with our transportation needs," Pritchett said.
Security was also a big factor for the committee. Pritchett explained that several campuses have their administrative offices located away from the front entrance, causing security concerns. The committee recommended that those campuses add a security vestibule at the front entrances.

The committee will present their findings and recommendations to the school board at a meeting Feb. 11. The board will then look at options to fund the recommendations that it approves of, which could include a future bond election.

Pritchett did say that all totals are only estimates at this point, but the district would avoid going over a tax rate of five cents per $100 valuation.

"We are fortunate here that we have a board that is not only passionate about education, but also financially savvy and skillful," he said.

The board will take some time after Monday's meeting to get community input on the proposal, before deciding on whether to hold a bond election. They will decide that during their March meeting.

The Tomball City Council had another round with a proposed fencing ordinance, before finally approving the measure Feb. 4. Members also looked at the possibility of regulating the large donation boxes located around town, as well as approved waving impact fees for new businesses locating downtown.

Council started the meeting by revisiting the long debated fencing ordinance.

Councilman Derek Townsend's wife Lisa sent an email, which city secretary Doris Speer read.

"I oppose such laws where government regulations limit our decision making ability or puts undue stress on property owners and taxpayers," she wrote. "I hope there are elected officials which support the rights of homeowners and taxpayers."

Derek Townsend then suggested tabling the ordinance to allow for more discussion on what will be permissible. Other council members did not support Townsend and ultimately passed the new fencing ordinance. Townsend was the lone dissenting vote, while Councilman Mark Stoll wasn't present.

The discussion then turned to the charitable donation boxes located around town.

Assistant City Manager Christal Kliewer Weber told the council that most of the boxes are owned by private businesses, which then donate a portion of the proceeds to the charity named on the box. That drew the ire of Councilman Rick Brown, as he suggested charging a fee for those boxes. He had concerns that Goodwill maintains and pay rent at a storefront in the city, while the owners of the boxes do not.

"It seems like they need some kind of fee," Brown said. "Now the questions for staff is, what kind of burden does that put on staff?"

"There are only 16 (boxes) now," Weber said. "We can limit them, depending on what council wants to do."

Councilman Preston Dodson agreed that the boxes need to be regulated.

"I don't see a need for them to pay the city, but I do see a need for them to be well maintained," he said.

Townsend suggested the possibility of placing all donation boxes in a central location.

"Do we have a piece of property that we can set these on and say this is the donation area?" he asked.

Weber replied that some cities do.

Weber will take the council's suggestions and questions and city staffers will come up with a proposed ordinance in the future.

The council then voted unanimously to waive impact fees for new businesses in the downtown area for the next two years, as a way to lure new businesses to the area.
Rodney Hudson, a downtown property owner, thanked the council for the proposal.

"Waving these impact fees will make a difference and I think it's a positive move forward," he said.

Councilman Field Hudgens said he didn't think the move would have a big impact in the end, but still voted to approve the measure.

"I voted against this last time considering I don't think it will have such an impact in the way you guys really think it will," he said.

Taking the reins of a large church is never easy, but it's something that Salem Lutheran Church's new senior pastor, Tim Niekerk has spent the last two years preparing for.

Two years ago, Niekerk was promoted to executive pastor in an effort to learn the ropes and to ensure a smooth transition once longtime senior pastor Wayne Graumann retired.

"The history here is amazing," Niekerk said. "I feel humbled and honored to be on the shoulders of giants like Wayne."

That effort paid off, as Graumann officially handed the reins over to Niekerk on Jan. 20 of this year, the same day that Presidential inaugurations are traditionally held. Still, despite the preparation, Niekerk admitted the moment was bittersweet.

"It was a little bit weird to come in and realize that Wayne was no longer in the office next to me," he said. "To know that the mantle of leadership passed weighed a bit heavy."

Niekerk came to Salem in 2006 and has served in numerous capacities at the church. He started his pastoral career in 1997, after graduating from Concordia Seminary in St. Louis, Mo. His route to the pulpit didn't come automatically, however.

Niekerk said he had a bit of a rebellious streak in him following high school and when friends and family tried guiding him towards a career in the ministry, he didn't listen at first.

"I had determined at one point that I wasn't going into the ministry and I was going to go into business," he said. "It was about halfway through college that I started to get pulled back towards the ministry and I had friends asking me if I had ever considered becoming a pastor."

By that time he was a couple of years behind others his age who had already chosen that course.

"I started taking different biblical language courses and I asked God to help me catch up if this is really what he wanted me to do," Niekerk said. "He helped me to excel and catch up and the decision was made."

A few years after graduating seminary school, Niekerk ended up starting a church that shared its space with a funeral home in Milwaukee.

"It was a challenge and I almost decided to quit the ministry altogether then," he said. "I had it lined up where I was going to work in my father-in-law's business. I came home and my wife was sitting at the table and said to me 'I firmly believe you were meant to be in the ministry'."

A decade-and-a-half later, as Niekerk sits in his new office, he says he knows the decision that God, his family and friends guided him towards was the right one.

"I absolutely love what I do," he said. "Sure, there can be some days where it is extremely challenging like in any job, but it's so rewarding."
Niekerk said he has some very specific and lofty goals for himself.

"My own personal mission in life is to do whatever it takes to make Jesus real for people," he said. "Part of that includes wanting to encourage men and fathers to be the true spiritual leaders they were called by God to be."

Niekerk also said he hopes to build on the 160-plus year legacy of Salem Lutheran Church.

"I take very seriously what this church means to the community," he said. "We want to have a compelling message of grace – not by just talking about it, but we want to live it. Any way this congregation can leverage what we have been blessed with to help the community, we will do."

Harris County deputies are searching for a man they believe walked into a Tomball area office and shot a worker in the face on Valentine's morning.

The Harris County District Attorney's Office has accepted charges of Aggravated Assault with a Deadly Weapon and Aggravated Assault with Serious Bodily Injury against Gary Ishmael Bolin, 61.

Detectives said that Bolin walked into a home that had been converted into office space for a nearby business at the corner of Dogwood and Hufsmith Kuykendahl Road at about 10:30 that morning and shot a 54-year-old employee in the face, after an argument quickly escalated.

Deputies claim the two men had an ongoing dispute, when the suspect walked into the offices.

They said that Bolin did not communicate with anyone else in the building, but went directly to the victim's office and minutes later pulled out a handgun.

Detectives claim that Bolin then fled from the scene in a dark red or possibly maroon over white dually pickup truck. They won't confirm what relationship the pair had, but said that Bolin does have something to do with the property. They also claimed that the two are currently involved in a civil lawsuit against each other.

The suspect was described as a white male, wearing a white cowboy hat, light colored western shirt and blue jeans.

As of press time he was still not in custody. If arrested, Bolin will be held on $60,000 bond.

The Harris County Sheriff's Office is asking that anyone with information on Bolin's whereabouts contact Crime Stoppers at 713-222-8477, or the Harris County homicide unit at 713-967-5810.

The Tomball City Council and the Tomball Economic Development Corporation (TEDC) took the first steps toward an agreement to fund a new business and industrial park on Holderrieth and Hufsmith-Kohrville roads, as they agreed to issue Certificate of Obligation bonds, which will be TEDC's responsibility to pay back.

"One of the things that city administration and (TEDC executive director) Kelly Violette asked me, was to find a way to fiancé this project to support the business park in a way that was as efficient and cost effective as possible," said the city's bond counsel Jonathan Frels. "One of the mechanisms we have seen work very well in other cities is the process whereby the city issue certificates of obligation, but the actual payments come from the EDC."

Frels went on to say that Tomball and the TEDC have done business this way in the past, with the TEDC paying off bonds from 1999 and 2002.

"It works in situations like this where the type of infrastructure (water, sewer, streets, etc.) that you are planning to put in is city owned," he added.

The proposal that both the TEDC and the city council agreed to, is one in which the city will issue around $8.5 million in bonds and the TEDC will make the payments. The money will go towards developing the property into a business, technology and industrial park, which officials hope will attract numerous new businesses and jobs to the area.

The agreement also calls for the TEDC to hold a specific fund balance of $2 million, in order to assure the city and creditors of their ability to pay back the money.

"It matches what a rating agency would require of the city and we can go to them and tell them 'look, here is what we have'," Frels said.

The council then approved a measure to publicize the intention to issue the bonds. The entire process is expected to be completed sometime in April.