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The Magnolia City Council is moving ahead with ordinances that will allow for expansion of the city limits while trying to preserve the attractiveness and charm of the town.

At the city council meeting on Feb. 12, they passed ordinances to help control building codes for new construction, improve the placement and type of business signs and provide the groundwork for subdivision and land development regulations. They agreed to increase fees for city services to make them more in line with comparable cities.

The ordinance regarding building regulations was developed as an interim building, subdivision and land development ordinance that would be in place to ensure all future development is consistent with the comprehensive plan, until the plan becomes fully effective. It applies to new properties within the city limits or extraterritorial jurisdiction of Magnolia. Officials said its purpose is to promote the character and charm of Magnolia through architectural design, construction practices, landscaping guidelines, nuisance regulation, resource protection and adjacency protection, among other items.

The new sign ordinance will regulate or prohibit any signage that is placed on public property or right-of-way, private property signs and billboards. It will assure that permanent signs adhere to an annual inspection schedule and that applicable fees are paid to the city. It was also set in place to ensure attractive roadways in the city.

Council members agreed to rehabilitate the elevated water storage tank along the railroad tracks and to permit the purchase of two replacement police patrol vehicles.

In the business of elections, three council positions will be up for election, during a general election to be held May 11. Council agreed to conduct joint elections between Magnolia ISD and the city and to authorize an election services agreement between Montgomery County and the city.

Magnolia Police Chief Domingo Ibarra reported that for the last ten months the city has collected more warrants than it has issued and that officers are proceeding to impound vehicles of people without insurance or drivers' licenses who commit traffic or other violations in the city. He also stated that the department is working to report crime statistics that occur only within the city limits, not for crimes outside the limits, so that the statistics more accurately reflect the crime situation within Magnolia itself.

City Administrator Paul Mendes stated the comprehensive plan for the city is on schedule for completion in March. The Public Works Department is working on repairing pipes, sewers and ditches that need to be improved so the expansion of the city can stay on track.

"The infrastructure needs repair -- some water is not being accounted for due to leaks and improper construction that was completed long before city regulations were put in place," he explained.

He went on to say that city codes are being enforced and monthly building permits are up.

"These are good signs that Magnolia is moving forward," said Mendes.

Several presentations were given during the meeting. Auditor Robert VanWassehnova reported that "Magnolia had a good financial year in 2012 and the Council is making good use of the taxpayers' money" with its careful spending.

Juan Carreon, Union Pacific Railroad Vice President, presented commemorative gifts to the city in honor of its designation as an "Official Union Pacific Train Town," which occurred on the same day as the council meeting. Also, Matt Dillon, owner of Dillon's Gunsmoke in Magnolia, presented a Blackhawk Tactical Backpack Kit to the Magnolia Police Department. The military-style gear will help officers safely enter a dangerous building in the event of an active shooter incident.

In a separate presentation, Ibarra was awarded a plaque from the Fraternal Order of Police of Harris County for his recent help in diffusing a sensitive law enforcement situation.

More than 60 members of the Keep Montgomery County Green (KMCG) organization gathered for the fourth Volunteer Recognition Dinner at the West County Community Development Center on Friendship Drive in Magnolia, Feb. 23. The main purpose of their event was to honor six special volunteers who gave a tremendous amount of time and effort to help promote the beautification of Montgomery County and to unveil the 2013 Growing Green Plant, the Black and Blue Salvia, and the award-winning poster for this year.

One of the winners of a KMCG award was the Magnolia Citizen's Police Academy Alumni Association, who won the award for Beautification/Community Improvement for the Roy Street Demolition Project, led by Alumni Association President Summer Foltz and member Jill Gabriel, with Officer Juan Lopez as leader of the academy classes. Magnolia Police Chief Domingo Ibarra nominated this project because of the effort mounted by the group to integrate several civic and neighborhood association members, along with local companies that donated their services to help, to remove an abandoned structure that was an eyesore and a danger to the community.

"We work hard to live up to our motto, 'In Partnership with Our Community,' and this project was a perfect example of that success," said Ibarra, who stated he was extremely proud of the Alumni Association. 

Other winners include: John Warner of the Texas A&M Forest Service with sponsor Anheuser-Busch, for heading a volunteer to replant 500 trees as part of the Texas ReLEAF project; Boy Scout Troop 1855 in West Conroe for donating more than 900 hours of time for trash collection; the City of Conroe for implementing effective water conservation programs during the recent 2011 drought; Cherrie Edwards of Project Building H.O.P.E. (Helping Others Play Everyday), a project to rebuild a park destroyed by the Tri-County Fire; and Jan Hatfield for leading the recycling efforts of Magnolia United Methodist Church Women.

Along with honoring the super volunteers, a $500 college scholarship for the organization's poster art contest was awarded to Dylan Etter, who is a senior at Magnolia ISD's Alpha Academy. Etter was sponsored by his art teacher, Regina Michaels, who is also a member of KMCG.

"I entered the poster contest last year and received some recognition, but this year I entered again and won," said Etter.

He wants to attend art school with the scholarship money and is interested in becoming a computer designer.

"I was surprised to see how much this organization does for the community and especially all the great progress they have made in helping the county recover from the recent fires," Etter noted.

The February Volunteer Recognition Event is held to honor outstanding volunteers who have been nominated for doing work areas that align with the mission of KMCB. Members and the public can nominate outstanding volunteers from November to January each year, in the areas of: recycling/waste reduction, litter prevention, beautification and community improvements, volunteerism, and environmental education.

Charlotte Riser Harris, the board chairman for the nonprofit organization, said, "We are so grateful to all our volunteers and also to our commercial sponsors, who helped us put on this event and provide the scholarship funding. We have many other projects in our community that we would love to implement - we just need help to make them happen."

KMCB puts on several events throughout the year, which include a Volunteer Recognition Dinner and a Growing Green Plant Sale. Volunteers also man the organization's booth at events and festivals and serve on the Board of Directors.

KMCG is based in Magnolia and was founded in 2004 as one of more than 350 affiliate organizations of Keep Texas Beautiful, a statewide nonprofit committed to improving community environments through programs and education. KMCG is dedicated to helping residents enhance their communities by volunteering with programs that promote waste reduction, recycling, litter prevention and community beautification.

Keep Montgomery County Green is looking for more volunteers of all ages and capabilities. For more information email This email address is being protected from spambots. You need JavaScript enabled to view it. , or visit www.kmcbtexas.org.

Thanks to careful planning and astute spending, the Magnolia Volunteer Fire Department has been able to acquire four new tanker trucks. They are also  building three new station locations over the next few months. The department says it needs these upgrades in order to provide a dependable source of fire protection in some of Magnolia's most remote areas, but there is another benefit to all homeowners in the area – lower homeowner insurance premiums. Residents will pay less for insurance if their local fire department is modern and effective, which is what the Magnolia department has been working toward.

Fire Chief Gary Vincent explains.

"Every ten years, fire departments are rated by the Insurance Services Organi-zation (ISO)," he said. "These ratings are used by the insurance companies to help determine the prices that they will charge for homeowner's insurance. The highest rating is a '1' and the lowest is a '10,' which represents the most risk. The fire department is rated for each of its separate service areas. In Magnolia, the individual ratings go all the way from 1 to 10, but the department averages a 3. This is actually a very good score for a department where few homes have fire hydrants nearby. Our department services a broad area that is two-thirds the size of Austin, and growing."

To maintain this high rating with a growing population, the department administration plans ahead and gets competitive bids on everything. They spent more than two years planning for and designing the new tanker trucks, which were made by Farrara Fire Apparatus in Holden, La.

"We designed places for all the equipment to go that would give us fast, easy access, and even designed the red, black and gold color scheme for the trucks," Vincent said. "We think it gives them an identifiable, traditional look."

The new trucks will be strategically placed in stations where they will benefit the ISO rating of the area.

The new tanker trucks are state-of-the art, capable of carrying 3,300 gallons of water (which is considerably more than the existing tankers), four firefighters, EMS equipment, ladders and a thousand feet of five-inch supply hose. The trucks are still being outfitted at the station, but they should be ready to roll in early April and will bring the existing fleet up to 11 fire trucks.

Magnolia firefighter Josh Griffith is one of several firefighters who have been helping to outfit the new trucks.

"It's a luxury for us to be able to get our water, equipment and manpower to the fire all at once in one vehicle – these trucks are a valuable asset,"  Griffith said.

Along with the new trucks, three new fire stations are being constructed in locations that did not have ready access to an existing station.

"The codes go up all the time. In the past, a home could be located within a five-mile radius of a station and maintain a good rating, but now a home must be within five 'road miles' of a station," Vincent said. "Since most of our roads are winding, that makes a big difference. The later requirement left several areas with low ISO ratings. Our new stations will boost the ratings and provide more comprehensive coverage for the community."

Not all the stations are manned, although all do contain equipment the firefighters can utilize as soon as they get there.

Magnolia began as an all-volunteer fire department. Now, it has approximately 100 part-time paid firefighters who man the larger stations during the day. The department still maintains another hundred volunteers who man stations on nights and weekends, and who will be deployed to fight fire emergencies at other times.

"We are always in need of more firefighters and more volunteers in general. Many of our volunteers don't go near the fires, but they are critical to the operation of our department," said Vincent. 

The Magnolia department is funded by Emergency Services District 10. Vincent mentioned that the enhancements were funded with existing revenue.

"We are good stewards of taxpayer dollars," he said. "We look for ways to invest wisely and keep spending down."

As an example, the new tanker trucks were outfitted in the station to avoid the costs of the factory doing the work. Another example - the main Magnolia Fire Station contains furniture that was built in Texas prisons, which kept the price down.

Fire trucks last about 20 years, but it takes two to three years after the money is appropriated to design and obtain the new trucks, then it takes two months or more to train the firefighters to properly use a new one. Training goes on all the time, according to Vincent.

Those wishing to volunteer can find information on the website: www.magnoliafire.org.

A train plowed into a trailer carrying specialized oilfield equipment to Mexico, the afternoon of Mar. 4, backing up traffic in all directions around Magnolia.

According to the Magnolia Police Department, the trailer was waiting on the tracks for workers to help it clear the overhead railroad signal on FM 1488, when the train came down the tracks.

No one was injured.

Magnolia Police Executive Officer J.K. Seangal said the tracks were blocked at FM 1488 and FM 1774 until around 9 p.m. He said they were dispatched to the scene just before 3 p.m.

"Union Pacific called a company that brought out a crane type piece of equipment that was able to remove the container holding the equipment being transported," he said. "We then called in some heavy tow trucks to remove the trailer."

The trailer was cut in half by the force of the impact.

Witnesses to the event say that they heard workers yelling for the truck driver to move, but the driver apparently did not speak much English and did not understand. That's when one of the workers grabbed the driver and pulled him from the truck at the last minute.

The force of the crash even tore the side of the train's engine off.

With so much heavy equipment involved, police had to look for creative ways to get traffic flowing again.

"We were able to keep traffic moving through the area through detour routes," Seangal said.

The entire scene was cleaned up and the equipment was all moved out of the area late the next morning.

A video of the crash, taken by Magnolia resident Kandi Edwards made the rounds nationally and can be seen on our website, www.tribunenews.com.

Montgomery County Sheriff's and Pct. 5 deputies found the gruesome scene of a body near the railroad tracks, the morning of March 12, along FM 1774, just north of High Meadow Ranch Road.

Lt. Dan Norris, of the Montgomery County Sheriff's Office said that they received a call at about 10:30 that morning from the conductor of a train, who said he had seen a body near the tracks.

Upon arrival the deputies found a deceased male lying near the tracks, with no identification. Officials estimated him to be between 20-30 years old.

A Union Pacific railroad worker at the scene said that he was told the man's legs were severed.

"Due to the victims injuries, it appears that a train did strike the individual," a press release from the sheriff's office stated.

Norris stated that detectives are still investigating, trying to determine exactly what happened to the man.

The body was transported to the Montgomery County Forensic Center for autopsy and detectives have tentatively identified the man.

If it turns out that the man was struck by the train it will be the second week in a row for a train accident in the Magnolia area. Last week a trailer hauling oilfield equipment was struck in downtown Magnolia, while attempting to cross the tracks.

The Magnolia Stroll may be a one-of-a-kind art gallery.

On March 24, weatherproof prints of the artwork of seven MISD students were placed on display on the Stroll, courtesy of donations from State Representative Cecil Bell.  Bell stated he was proud of the kids and the community – and felt these students showed real talent.

"I hope you go on to find more successes. We want you to know we believe in you," said Bell, who was present at the unveiling on the Bell Walk of Fame.

These seven won awards for their Western art that was represented in the Houston Livestock Show and Rodeo Student Art competition: elementary students Abby Schnautz and Skylar Asaf, middle school student Sunny Brittain and high school students Katrina English, Olivia Rodriguez, Carly Sullins and Dylan Etter. In addition, Rodriguez' "Best of Show" art piece was selected by the Rodeo's Student Art Committee from literally hundreds of entries to one of about 50 auctioned at the annual School Art Auction.

Kyle Fontenot. Director of Fine Arts for Magnolia ISD, explained that Texas State Education District 6, which Montgomery County is a part of, has participated in the Rodeo's Student Art program for more than 30 years. School art teachers have encouraged students to enter each fall, and supervised the entries. Students spend from a few days to several weeks to complete their pieces. Lately, MISD elementary students had not been able to participate due to budget cuts that led to far fewer elementary art teachers.

The district introduced Art Camps for elementary students to "get them back in the game," according to Fontenot. Last fall, selected students from grades 3, 4 and 5 participated in two-day Art Camps outside of school time, and they produced all their Rodeo-themed art during those camps.

"We really want as much participation as possible, because this type of event is good for the kids - it helps them build aptitude for later and gets them to practice different skills," said Fontenot, who is hoping that the State Legislature sends more funds back to the schools this year.

The students honored on the Walk of Fame actually won awards twice. First, they were awarded the highest honors at the district judging in January, which was judged by members of the Houston Livestock Show and Rodeo Student Art Committee. 

Next, their art was exhibited downtown as part of an area-wide show by the Art Committee. The top winners of that event were selected to be part of the Rodeo's Student Art Auction. Olivia Rodriguez' monochromatic drawing of the horse "Bo" made it to the auction this year. Each student in the auction netted at least $1,000 for a college scholarship. The 2013 Grand Champion art piece, created by a Pasadena ISD student, sold for $210,000. 

MISD student art has a long history with the Houston Rodeo. Each year several entries are selected for the area-wide show. In fact, last year's Grand Champion artwork, which sold for $206,000, was created by Magnolia West High School senior Barry Carter. As with other items auctioned at the Rodeo, the student only receives a percentage of the bid amounts for his or her personal scholarship fund, with the rest going into the general Houston Livestock Show and Rodeo scholarship fund.

A young man with connections to the area has been invited to the Cannes Film Festival in France, after making a powerful short movie about school shootings.

Chase Parker, an 18-year-old student at Sam Houston State has seen a lot of Hollywood in his young life. He was a child actor, a child of actors and the grandson of a star from Hollywood's golden era.

"Both of my parents were actors, my uncle is a writer and actor so I guess it runs in the family," he said.

His grandmother, Eleanor Parker, was an academy award nominated actress that appeared as the Baroness in The Sound of Music.

Chase himself appeared in the sitcom Sunset Beach as a child. When that show was cancelled, his parents made the decision to move to the Houston area, where his family settled in the Tomball, Magnolia and The Woodlands area.

"I think my parents made the right decision," he said. "I was able to have a regular childhood and get away from the fantasy land of Hollywood. I've learned a lot about Southern hospitality here."

He loved the area so much that he decided to attend Sam Houston State and enroll in their new film program. It was there that a professor approached Chase with the idea to make a film to submit to Cannes.

"One of my professors, Tom Garrett, said he thought I was an intelligent kid and that we had an opportunity to submit a film for this," Chase said. "I thought let's go for it."

Chase gathered a couple of writers, Alex Scott and Luke Armstrong and started a three month long process that would ultimately turn into Left Behind, a short 15 minute film that follows the thought process of a possible school shooter.

"I just sat down and thought about things that were heavy topics at the time," Chase said. "Our goal was to, not necessarily show sympathy to a school shooter, but just why someone would do it and what maybe caused them to."

They spent three months writing, holding production meetings, securing equipment, fundraising, shooting the film and editing. They submitted the film to Cannes and waited.

Then weeks later, Chase was asleep early one morning, when he was awakened by the ping of an incoming email on his phone.

"I was actually woken up by the sound of my iPhone, I checked the phone and it snapped me awake," he said. "I opened the email and immediately did a happy dance and started calling everyone involved."

Chase will travel to France next month to participate in the Cannes Film Festival Short Film Corner, where his film will be judged by the likes of Steven Spielberg.

"I think that is just an honor to have my film looked at by him," he said. "I'm very proud we got into the festival and the other opportunities it has provided."

Other opportunities like having his film specially premiered at the Silverado IMAX Theaters in Tomball earlier this week, or the opportunity to intern with a major film company in the near future. The premiere also featured a trailer for Chase's first full length film, which will be finished later this year.

"I'm a little bit overwhelmed, like I can't believe it really happened, but I'm glad it did," he said. "Hopefully I can keep doing this for as long as I want to."

The Magnolia City Council approved a resolution April 9, to brand the central business district within the city limits as "Magnolia Town Center." This is good news for City Administrator Paul Mendes and former Economic Development Coordinator Deborah Rose Miller, both of whom have spent the better part of the last two years working on the city's comprehensive plan, which included a recommendation to re-brand the business area.

Traditionally, the legacy area of Magnolia included the streets and businesses around the intersection of FM 1488 and FM 1774, east to Magnolia Ridge and south to Unity Park – the actual Magnolia city limits area. But the heaviest population growth in recent years has been on the eastern edge of the extraterrestrial jurisdiction.

"We have worked hard to extend the extraterritorial jurisdiction of the city all the way east to the edge of The Woodlands, so that Magnolia has plenty of room to expand," said Miller.

Recently, the east side around Magnolia Parkway has taken off, with new businesses going in every month. Many of the businesses on the east side of town also havelocations on the west side, within the legacy area. It is not unusual for two locations of the same business to both have FM 1488 addresses, but miles apart, with  one located on the eastern side and one on the western side. This results in confusion for customers.

"This resolution was about branding and definition," said Mendes. "We really wanted to make it easy to define location."

He also stated the city wanted to preserve the name Magnolia Town Center to prevent a developer or builder from using it first.

"It's a lot like registering a domain name for your business so that no one else can get it," he explained.

The Magnolia Town Center will also have a more defined business area. Mendes pointed out that the widening of FM 1774 is now slated to begin in June of this year and will take about 20 months to complete.

Following the widening, a sidewalk will be installed along the west side of FM 1774 from FM 1488 to the school, which will make it easier for people to walk in the area and visit multiple shops.

Magnolia businesses are ready to start defining their location as part of the Magnolia Town Center.

Several believe the new nomenclature will clear up any confusion about which part of the city they are located in and others just believe the new name has a positive ring.
Rene Benitez, owner of Las Fuentes Mexican Restaurant, appreciates the new name.

"We had a location on both ends of FM 1488 and there was a lot of confusion. This will definitely clear that up," he stated.

Papa John's Pizza has multiple Magnolia locations, which are actually owned by different franchises.

Jake Schaub, shift manager of the central Magnolia store, feels the new term will make it easier to define where his store is.

"When people call, we always need to give them directions to make sure they have the location they want," he said. "We usually say we are in the heart of Magnolia, but this name will simplify things for us."

Viren Vansadia and his wife Lila own the Magnolia Inn & Suites and haven't found that customers are confused about their location. Vinsadia does like the new name, however.

"Magnolia Town Center sounds better; it's a more upscale name than 'Magnolia West' or 'Magnolia East.' It's a good idea," he said.

Miller wants the new brand to help provide a positive connotation for Magnolia by imparting a dynamic, yet historical, identification for the central business area.

"This is one way we can demonstrate that the city population is actually more than the thousand-plus that was shown on our sign for years and years," she said. "We are now at more than 138,000 and we are starting to look like it."

A Magnolia woman has been arrested and charged in Harris County, after she allegedly embezzled nearly $200,000 from her Tomball employer.

Cindy Lee Berry, 44, was charged with Theft of greater than $100,000, but less than $200,000, after officials allege she stole the money over a period of a year-and-a-half fromher employer Johnston Water Well Service. The thefts allegedly took place from Jan 2011 through August of 2012.

The owners of the company have also filed a civil suit in Montgomery County against Berry. Their attorney in the civil case, Field Hudgens, said that the Johnston's discovered some irregularities when looking over their books.

"It came to my client's attention that there were irregularities in the books, checks were missing among other things and an audit showed that there was nearly $200,000 missing," Hudgens said. "After more digging it became clear to them who was responsible."

At that point the Johnston's turned over the information to the Harris County Sheriff's Office who investigated the case.

"We worked with law enforcement agencies to provide all the information to them," Hudgens said.

After completing a lengthy investigation, the Harris County District Attorney's Office filed charges against Berry a month ago, after a grand jury decided to indict her.

"The DA's office has taken a very hard look at this case and is treating it as a very serious matter," said assistant district attorney Lester Blizzard. "It was reported to us and we found evidence to support the alleged embezzlement."

Berry was arrested on April 18. She made a $100,000 bond on April 26 and was released.

Her attorney Stephen Jackson of Conroe said he is still in the early stages of building Berry's defense strategy.

"I have been in touch with her civil attorney and the district attorney is cooperating with us in handing over the information we need," Jackson said. "We will be digging into the records in order to get to the bottom of this. It's a private matter for the Berry's and we will help them through this."

Laura Johnston, who owns the business with her husband, said that the ordeal left her stunned.

"We didn't suspect anything and when we found (the theft) it was a big shock," she said. "We felt betrayed."

Hudgens said he is trying to work out a settlement agreement with Berry's civil attorney.

"We are in the process of contacting Berry's attorney to try and reach an agreement so they can recover some of their money," he said. "I am happy to report that Johnston Water Well Service has survived and continues to be a viable and strong business in Tomball."

Johnston said she hopes other business owners learn from her situation.

"People need to be watching," she said. "I don't want this to happen to others."

If convicted, Berry could face a punishment of two to 20 years in state prison.

A Magnolia man pleaded guilty of several counts of indecency with a child and online solicitation, during a Montgomery County court appearance July 27.

Nicholas Allen Smith, 23, agreed to the maximum 10 year sentence on four counts of indecency with a child and 20 years for one count of online solicitation of a minor. He was on probation for a previous conviction on two counts of indecency with a child by exposure, in February of 2011.

Prosecutors and investigators said that within two months of Smith’s original plea, the Montgomery County District Attorney’s Office learned that Smith was continuing inappropriate contact with girls under the age of 17, as well as accessing pornography. Prosecutors filed a motion to revoke Smith’s probation and bond.

“The probation officer and detective working on the case learned that he had a Facebook account under an alias and had friends who appeared to be underage girls,” Nancy Hebert, chief prosecutor of the crimes against children division said. “They sent out messages to the Facebook friends asking them to contact investigators if they had inappropriate contact with Smith. One girl contacted us while several other filed reports.”

Smith pled guilty to meeting a 13-year-old girl from Conroe and her 11-year-old cousin and driving them to his house in Magnolia, in July of 2011. Once at Smith’s home, court records say that Smith played pornographic videos for the girls and exposed himself to them.

The girls’ mothers then contacted deputies after they noticed inappropriate messages on one of the girls’ phones from someone named Nick. An investigation led back to Smith, who was already on probation for indecency with a 13-year-old girl in February of 2011. Detectives said that the phone number Smith used to text the girl in the latest incident was the same number listed when he was booked in jail on the previous charges.

“Detective Christopher Tate (of the Montgomery County Sheriff’s Office) and probation officer Jay Haak worked extremely hard on this case,” Hebert said. “Of course, the true credit goes to these five brave young girls who were willing to come forward and speak out about what happened.”

“It is a terribly difficult thing to do and required a great deal of courage on their part.”