Jennifer Epps, a recent Magnolia High School graduate, and her registered Quarter Horse, Docs Frisky, were recently honored by the American Quarter Horse Association as named the Texas High School Rodeo Association Girl’s Horse of the Year at the Texas High School Finals Rodeo held recently in Abilene. Epps was also named the Wrangler Pole Bending Champion. She received several prizes, plus a $300 college scholarship.
Submitted Photo

Alexander fired, denies tracking program attempt

By Cari Herr
Tribune Staff

Cpl. Mike Alexander was fired from the Magnolia Police Department (MPD) on July 6 and is denying charges that he attempted to collude with a city computer technician (IT) contractor for installation of a tracking program on Chief Ron Cunningham’s computer.

Mayor Jimmy Thornton said the IT contractor accused Alexander of asking him to install tracking software on Cunningham’s computer “so he could take the files off the computer and see every key stroke and mouse click.”

As a result, Cunningham fired Alexander following the receipt of a sworn affidavit from the IT contractor, Chris Webb of Eagle Broadband, according to Councilwoman Patsy Williams.

Cunningham has denied Alexander’s firing took place as a result of the district attorney’s (DA) investigation, saying there were never any orders given to officers to arrest former Councilman Richard Anderson or Councilman Sammie Scott.

Alexander did confirm that he was told the dismissal was not in retaliation for anything he had done, but said he would retain an attorney to find out what information he could discuss.

“They said those letters were done without the consent of the chief of police, with the use of city property and was not official city business and that I devoted too much time to that because they were not part of my duties as a police officer,” Alexander said.

In his letter of dismissal, he was told that he was “in violation of departmental business, internal procedures, rules and procedures, use of city property, insubordination, and adherence to police duties,” he said.

“There is no retaliation whatsoever on my part,” said Cunningham. “I believe he’s a young man in a learning curve with a lot of tasks to perform, and that can be overwhelming.”

Since Alexander’s return from medical leave on June 27, he has “spent most of his awake hours at work on the computer,” according to Cunningham, writing and e-mailing as well as sending faxes regarding his complaint with the DA.

“Alexander failed to comply with any portion of the (department) policy in superseding any and all forms of supervision with the City of Magnolia by avoiding his chain of command and submitting letters not only to the city council but to the mayor, the newspaper, and the district attorney’s office,” said Cunningham.

“Everything they terminated me for was false,” Alexander said. “This is another attempt to deflect the focus from themselves to me.”

According to Capt. Mike Smith of the MPD, Alexander has a history of disciplinary action with the department resulting in several probationary periods.

Alexander had been on probation since February for the unauthorized release of video footage, according to Smith. He committed three departmental policy violations by contacting the district attorney including violating the chain of command, and departmental business and internal procedures, as well as obedience to unlawful orders.

Department policy states, “If an officer receives an unlawful order, he shall report in writing the full facts of the incident and his action to the Chief of Police.”

District Attorney Mike McDougal said the Grand Jury would determine whether to accept or decline the case for a hearing in late July to early August.

Cunningham said he was “disappointed that it has gone this far. This could have been avoided had he come to me” and clarified his understanding of the order.

Picketing power washer claims drive-thru didn’t pay up

By Brian Walzel
Tribune Staff

Ray Land, an independent contractor who power washed a Tomball Sonic’s parking lot and drive way, was so incensed about not being paid, he stood for more than two hours July 10 in front of the store letting passers by know all about it.

Ray Land holds a sign July 10 protesting Sonic after he claimed they did not pay for his power washing services in May.

Land picketed with a sign that read “Sonic Refuses To Pay For Services Rendered” in front of the Sonic Drive-In at 505 W. Main St. in Tomball. Land says that he power washed the parking lot in May, but as of press time last week, had not received payment for it.

“We’re talking 65 days (since he performed the work). I talked to Lt. (Anthony) Solomon (of the Tomball Police Department) and they said if I don’t get on their grass, I’m perfectly legal,” Land said. “I’m not out here to start up any (mess), I just want my money.”

Sonic Supervising Partner Johnny Tenison confronted Land during his protest. Land told Tenison he had called him nine times and left voice mail messages voicing his dispute.

“I’ve been out of town. I was in Florida,” Tenison said.

“You can still return your messages,” Land rebuked.

Land claimed Sonic employees took one of his signs while he went to his car to retrieve personal items.

“They took it and wrote on the back ‘We Refuse To Pay For Services We Could Have Done Better Ourselves.’ So I’m also filing theft charges as soon as the police get here.” Land said. “I talked to my attorney. If I want to file theft charges, I can.”

On May 1 and 2, Land pressure washed the store’s parking lot. But he said they were not happy with the work he had done.

“Three days later, they call and they say they weren’t satisfied. John called me and said if I want to get paid, there were a couple of spots I needed to take care of,” Land said. “So I came back and I did.”

After he finished the follow-up work, Land was told the invoice would be sent to the corporate office and that he would receive a check.

By mid June, Land said he had not been paid. He eventually called the corporate office, which claimed there was no invoice.

Tenison said Land was not set up as a Sonic vendor and that was the reason for the delay in getting him his check.

Land claims Sonic owes him $450 for the work he performed.

Tenison said he mailed the invoice to the corporate office after Land told him that he had performed work at Sonics before.

“He told me he had worked with Sonic before. So, to me, I thought he was already set up as a vendor,” Tenison said. “It’s not that we’re not trying to pay him or anything like that. We don’t not pay our invoices.”

Such mix-ups could cause similar delays, he added.

“If they’re not set up as a vendor and we’re not aware of it, it could happen, yes.”

Land later said Tenison had agreed to send him a check by overnight mail.

“If it got resolved, that’s good,” he said. “That’s all I wanted.”

Magnolia residents speak out in defense of city officials

By Cari Herr
Tribune Staff

Some residents of the City of Magnolia signed up at the July 10 city council meeting to speak out against verbal attacks made at the June 26 meeting toward newly elected councilmen John Bramlett and Sammie Scott.

Pictured (left to right), Magnolia City Councilmen John Bramlett and Sammie Scott.

Residents voiced their opinions regarding several other city officials as well.

City Secretary LuAnn Drake received 18 requests to speak, according to Mayor Jimmy Thornton, who called them in turn, holding each to two minutes of speaking time.

“I’d like to thank Mr. Bramlett and Mr. (Dave) Sutherland for helping me to get (some) junk out of my neighbor’s yard,” said Dawn Marsh. “Mr. Scott, you handled yourself well last week.”

Marsh chastised not only Councilwoman Patsy Williams for allegedly not lending assistance when requested, but also the Magnolia Police Department officers for what she believes is a lack of knowledge of city ordinances.

Judy Darrington defended Bramlett’s performance as former mayor saying, “We have been giving Mr. Bramlett a lot of bad credit for building City Hall, but I haven’t heard anyone give him credit for setting up 4A and 4B so we would have this kind of sales tax to even spend here in Magnolia.”

Darrington commended Bramlett for the financial state of Magnolia when he left office in 2001, citing a “$300,000 CD and a $125,000 for the sale of City Hall.”

She also commended Scott.

“He has always been trustworthy, businesslike and courteous.” Darrington went on to outline Scott’s performance as a Magnolia Independent School District bus driver who “carries our most precious commodities, our children. He won six awards his first year,” said Darrington.

Former 4A Director JoAnn Windham also spoke out in their favor.

“I too was appalled at the way that people treated our newly elected officers. I would like to thank you John (Bramlett), and you Sammie (Scott), and you Dave (Sutherland), for what you all did to help Dawn get her stuff situated,” said Windham.

Magnolia Planning Commission Chairman Denny O’Brien had something to say as well, in defense of former Magnolia 4B President Frank Parker and Planning Commissioner Cedric Smith.

“I have met very few finer people in my life than Frank Parker and Cedric Smith. Their dismissal without cause is reprehensible. They deserve an explanation,” said O’Brien.

Council members approved both Smith and Parker for reappointment to their respective commissions later in the meeting.

In light of recent allegations against Magnolia Police Chief Ron Cunningham, O’Brien defended him, saying when Cunningham was the public relations liaison with the Harris County Sheriff’s Office he was a respected professional. “I believe that Ron Cunningham is an up straight, professional individual.”

A prominent figure in city planning and development, Jonny Williams, who is president of the 4A and 4B Corps., as well as Chairman of the Steering Committee for downtown revitalization, spoke in support of Assistant City Manager Erick Edwards.

“I would like to see the council keep Erick here. In my opinion he’s done an outstanding job,” he said.

Williams also spoke in support of Cunningham.

“Ron, I think you’re doing a great job. We’ve got some dignity and class in the police department,” he said.

Railroad Commission files for legal enforcement against well operator

By Cari Herr
Tribune Staff

The Railroad Commission of Texas (RRC) recently filed for legal enforcement against Magnolia SWD, LLP (LLP) for several violations at an area injection well, according to RRC District Director Guy Grossman.

Pictured, Magnolia SWD, LLP well No. 1 has been sealed by the Railroad Commission of Texas for lack of a disposal permit.

Sheila Galloway, a previous employee, and ex-wife of Hill, filed the complaint with the RRC on June 20. She said the LLP has been pumping contaminated salt water into the ground without a commercial injection well permit for the last six years.

Well operator Jay Hill said the company was not in violation, but had experienced a name change from Badger Energy to Magnolia SWD, LLP and that a disposal permit is on file for Badger.

Neither explanation is entirely correct, according to Grossman.

The injection well is located at 7798 Jackson Road, just three miles down from Magnolia High School. An inspection was performed by the RRC on June 21.

A notice was sent by the RRC to Magnolia SWD, LLP and to Badger Energy the same day advising that the well was being operated in violation of several rules.

“I’m not sure of the relationship of the two,” said Grossman. “The (owner and operator) are not always the same. The operator is responsible for the annual filing.”

Badger’s P-5, an organization report of officers, has been active for several years, said Grossman. But, the LLP has not filed a P-5 since 2003 and has never filed completion documents outlining the well’s final configuration.

Badger Energy did apply for and receive a drilling permit and a disposal well permit for a well, named Magnolia SWD well No. 1. However, Badger never drilled that well and the drilling permit expired after two years.

“The drilling permit was for a certain configuration of casing and depth etc., and the permit is conditional upon that well being drilled,” said Grossman.

Several years later, Magnolia SWD came to the RRC to obtain a new drilling permit in a slightly different location than the Magnolia SWD well No.1 configuration, but used Badger’s disposal permit, which has no expiration.

There are more than 50,000 permitted saltwater injection wells in the state of Texas, according to Grossman. Once the oil and gas are removed from a well and refined, the leftover contaminated salt water must be disposed of. That water is injected back into the ground beneath the level of area aquifers.

“They are injecting well below the deepest groundwater. That’s called the base of usable water. It stays in the ground in the formation or reservoir where it was injected,” he said.

The nature of the violation is not that the company is injecting oil contaminated saltwater, but that they do not have a permit to do so, said Grossman. “It is not a violation to have an injection well, they are simply not permitted to do that.”

Grossman said without the well being permitted, it offers the potential to be hazardous.

“It’s a serious issue certainly. One in which we have already referred it for legal enforcement of fines and penalties. But, it is not characterized as a huge environmental issue,” he said.

There is no explanation as to why the LLP operated under Badger’s disposal permit.

“For whatever reason, Badger chose to get a new drilling permit under the name Magnolia SWD, LLP with a well for the same name,” Grossman said. “But Magnolia SWD, LLP did not keep their P-5 active and did not give proper notice to the railroad commission.”

Badger’s disposal well permit is not valid for the LLP’s well, because there are two separate drilling permit numbers and two separate global API numbers. Though Magnolia SWD, LLP drilled the well, it did not have the disposal permit it needed, Grossman said.

According to Grossman, the LLP had not responded to the RRC’s inquiry as of the July 2 deadline. As a result, the RRC sealed the well.

“The well was taken out of service and a seal was put on it by the Railroad Commission. It is no longer operating,” said Grossman.

Hill told the Tribune that the company’s completion papers and annual P-5 had been filed as of last week.

From the Book of Clifford

By Clifford Parker
Contributing Writer

Somewhere in the Bible there is something written that states “Your sins shall find you out.” Now I know that I may have butchered this up somewhat and I also know that it wouldn’t take two minutes to look the scripture up, but then I wouldn’t have been able to fill up this paragraph with words.

The truth of the matter is that I have started this story without the foggiest idea of where I’m headed. I kinda know what I would like to say, but I’m just not sure if it will all come out right, so I’m just buying time for my mind to catch up with my typing fingers. (Scary thought, huh?!)

I know a lot of people who have gone on vacation or out of town and they forget to act like decent human beings and they get into trouble. They think if they go to Vegas that everything stays in Vegas, but you can rest assured if you happen to bump into your next-door neighbor, then everything you did in Vegas will get home before you do!

Now somebody is already wondering how in the world Clifford is going to tie Vegas and the Bible into one story…well, I’m not...but kinda.

My wife and I went out of town during 4th of July. We are celebrating 29 years in business and to the best of my recollection we have never, ever closed the doors of our operation during a normal business day for a vacation. We have always kept the doors open with employees on staff.

The problem with this, however, is as a business owner you always worry about your staff back home and have to continuously mix business and pleasure. We decided this time to “shut ‘er down,” and we did! We closed the doors at 5 p.m. on July 3 and were gone until the following Monday morning. We sent everybody home for time off.

We went to Colorado Springs, Colo. Nothing special. Just wanted to get away and see the mountains and smell the mountain air. We had a very, very nice trip and came back very happy and relaxed.

As I was sitting in a local IHOP on Saturday morning, we commented to the waitress that we were from Texas. Actually, my wife had made a comment, formally reserved for Yankees, which lead to the Texas issue. My wife was looking for something on the menu and she said, “We’re not from here and down in Texas our menus are different.”

I laughed inside at her comment as my thoughts told me the waitress probably could care less how things are done in Texas. That kind of talk used to gripe the snot out of me back in the day when northern folk were moving into Texas, trying to tell us how things were done up north! Who cares!

But anyhow, the waitress took it well and as we were leaving she said, “You guy’s have a good trip back to Texas.”

As she turned to walk away, a man next to us kept turning around and looking at me. After about three times he finally got up his nerve and spoke up and said “What part of Texas are ya’ll from?”

I smiled and said, “Well, we come from the south part of Texas, north of Houston. I actually live in a community called Hufsmith, but we are near a place called Tomball.”

“Tomball,” he said. “I know it well!”

“You do?” I exclaimed.

“Yep, I live in Lubbock and I work for BJ Services. I have been to your town many times!”

A friend of mine just called me and mentioned that he had heard about the wreck my family had a few months ago in East Texas. Lo and behold we discovered that his parents live less than a half a mile from the accident site!

So there you go. How did I tie all of this together? Well, the Bible says your sins will find you out. Two separate incidents in two very far away places reminds me that somebody always knows somebody else and everybody is always watching you. Whether it be God or Man, human or maybe an angel, but our sins will always find us out.

We all better behave. We are being watched.

- Clifford

Son arrested in stabbing death of Magnolia woman

By Brian Walzel
Tribune Staff

A Magnolia woman is dead from a stab wound to her chest and Montgomery County police have apprehended her son in connection with the incident.

Judy McCrary, 54, was found dead in her home on Golden Rod in Magnolia by police on July 11.

When police arrived on the scene at approximately 10 p.m., along with McCrary’s parents, they found her son, 20-year-old Michael Dugan Todd, hiding in a car parked in the driveway.

According to Lt. Dan Norris of the Montgomery County Sheriff’s Department, Todd was arrested and has been initially charged with aggravated assault. Norris said additional charges, including possible murder charges, could be forthcoming and that the incident is still under investigation.

“At this point, that’s all the DA’s office is comfortable with, but the investigation is still ongoing,” Norris said.

Police were alerted to a possible situation by McCrary’s parents, who told deputies they had not had contact with their daughter recently.

Norris said there has been a history of violence at the home, but did not discuss specific incidents.

“I know there had been other calls regarding violence,” Norris said. He also declined to comment on the type of knife used.

Todd is currently being held in the Montgomery County Jail.

Bypass project on schedule despite recent rains

By Brian Walzel
Tribune Staff

Despite the torrential rains the Tomball area has received this summer, the SH 249 bypass project is still set to be completed on target.

Construction crews clear the way for the SH 249 bypass to connect to Tomball Parkway north of FM 2920. The entire project is slated to be completed by the Spring of 2008.

According to TxDOT Assistant Area Engineer Tesfaye Mesflin, the entire project, including the tie-ins at Holderrieth and Brown Road, is scheduled to be completed by the spring of 2008.

Construction crews are currently working on Phases 2 and 3 of the project. Phase 2 includes the completion of the frontage roads north of FM 2920 as well the overpass. According to a project report, the target completion date for Phase 2 is September 2007. The last phase of the project, the connection to the southern end of SH 249 at Holderrieth, is scheduled for completion early to the middle of next year.

One of the main project scopes of Phase 2 was the opening of the southbound frontage roads from FM 2920 to SH 249 and the northbound frontage roads from Alice Road to FM 2920.

Mesflin said that drivers are utilizing the lanes to the extent that TxDOT had projected. A portion of the project which has seen some setbacks has been the widening of FM 2920 beneath the bypass overpass, Mesflin said. Construction crews have had to relocate or accommodate for utility phone lines, which has put the brakes on that project.

Mesflin added that portion of the project should be completed within the next three months.

TxDOT has also accounted for drainage issues on the northern portion of the highway near Brown Road. Because that parcel of land is susceptible to flooding, engineers have planned for a detention pond near the connection.

Most recently, construction crews have closed and demolished a pair of main lanes on SH 249 north of FM 2920 to account for the connection of the bypass.

Woman shot after threatening to commit suicide

By Cari Herr
Tribune Staff

A young woman suffered bullet wounds to her hand and face last week when sheriff’s deputies attempted to prevent her from committing suicide.

The Montgomery County Sheriff’s Office (MCSO) received a call from the woman’s parents who said Krysta Freeman, 23, of Hockley had a handgun and was threatening to commit suicide, a police report said.

Deputies Urban and Suarez and Sgt. Silvio were dispatched on July 11 to the 23900 block of Brushy Trail in Clear Creek Forest, said Lt. Dan Norris, public information officer of the MCSO. They met with the parents at 3:51 p.m., just down the street from the residence to assess the situation.

As deputies approached the home, they saw Freeman sitting in a pick-up truck in the driveway holding a pistol. Freeman put the gun in her mouth and to her head several times threatening to kill herself.

According to the report, the three deputies took cover behind trees and cars and attempted to calm her.

Freeman continued to threaten suicide and got out of the vehicle, pointing the gun at one of the deputies. The deputy fired, striking Freeman at least twice. The name of the deputy and the number of shots discharged from the weapon were not released as of press time last week.

Deputies immediately called for an ambulance and Freeman was taken by helicopter to Hermann Memorial Hospital. She was stabilized the same evening with no life threatening injuries, said Norris.

The incident is under investigation by the MCSO Detective Division and the Texas Rangers.

WJH ‘Most Creative’ at Minute Maid Park Kids’ Day

Kids’ Day at Minute Maid Park, held in downtown Houston June 29, celebrated collaborative learning between Cooperative for After-School Enrichment (CASE) and the Houston Astros, corporate sponsors of the project. Participants included students from Waller Junior High and many other schools from the Houston area.

Waller Junior High CASE after-school students (from left to right) E.J. Johnson, Monica Miller, Ruben Hernandez, and Corbin Bates were awarded “most creative” presentation at Kids’ Day at Minute Maid Park for their creation of an imaginary makeover for Astros’ mascot Junction Jack.

The intent of the project was to introduce teenagers to the career opportunities in professional sports as they viewed the business side of baseball, including accounting, marketing and the box office. After being introduced to professionals at the park, students were treated to the Astros game against the Colorado Rockies that night.

Prior to arriving at Minute Maid, students created imaginary makeovers of Astros’ mascot Junction Jack. Awards in the competition included trophies for most creative and best overall presentations.

Waller Junior High after-school students were awarded “most creative” presentation at the event. Those students who participated were E.J. Johnson, Monica Miller, Ruben Hernandez, Corbin Bates, Kyle Spears, Jose Sanchez, Abraham Guerra, and Veronica Hernandez.

CASE is a division of Harris County Department of Education and is committed to building partnerships and providing resources, leadership and training that support quality after-school programs in Harris County.

Self-mutilation by teens to be addressed at Freedom Conference

By Cari Herr
Tribune Staff

Pete Taraski, founder of Yahweh Street Ministries, and Jason Wilkes, the Youth and Children’s Pastor of Security First Baptist Church, are men on a mission.

“We’re losing our children to sin,” Taraski said. “We’ve put together a conference for families to get kids counseled on self-mutilation, alcoholism and pregnancy, because kids are going through a lot these days.”

The two have organized a Family Freedom Conference scheduled for Aug. 4 at First Baptist Church of New Caney.

The event begins at 8 a.m. and is packed with special speakers and music celebrities like keynote speaker Jeremy Moss and well-known spiritual speaker Iris Blue, as well as entertainment by Britt Nicole.

“The conference will offer information about teen pregnancy centers and juvenile services and provide parents and youth an opportunity to recommit themselves to each other,” said Taraski.

First Baptist New Caney, located at 20060 FM 1485 at I-59, will host the event, which includes a barbecue lunch, a Battle of the Bands, and a Teen Challenge activity.

“The biggest thing is the need for the parents to be there,” said Mark Dildine of 88.3 FM KAFR, in an interview with Taraski on July 6.

“Parents are so busy trying to make a living and take care of everything around them, that a lot of times they overlook their children’s lives, and that’s a shame,” said Dildine. “(Youth) have a secretive, intimate life they do not share with their parents.”

Taraski’s concern is that schools and churches are unprepared with how to help young people who perform self-mutilation, become addicted to drugs or alcohol, or who become pregnant at an early age.

For more information, log on to www.Freewebs.com/yahwehstreetministries/ or call 936-524-2675.

Employees crying foul after closing of pizza restaurant

By Brian Walzel
Tribune Staff

Former employees of the Mr. Gattis pizza restaurant in Tomball are claiming they are due paychecks now that the establishment has closed down. But the owner is saying there is no money to pay them.

Mr. Gattis, once located at 27754 Tomball Pkwy., closed its doors June 27. Some employees are claiming they are still owed their final paychecks.

The Mr. Gattis in Tomball, once located at 27754 Tomball Pkwy., stopped doing business on June 27. According to the store’s owner, J.R. Robles, the store shut down due to a lack of business.

When employees Julie Smith, Dawn Warfield and others showed up for their shifts that day, they were told by Robles that the restaurant was closed for good.

Both Smith and Warfield are now claiming they have yet to receive their final paychecks, Smith for a 12-hour shift and Warfield a check for approximately $700.

Robles confirms the store’s employees did not receive their final checks and that there is no money to pay them.

“I called all of the employees that were in town when we closed down,” he said. “I told them the situation. The accounts are frozen. I told them when and if any money becomes available, they’re welcome to it. But if there’s no money, there’s no money.”

The store was franchise owned, along with three others, which Robles has already closed or is planning to close. One of those is the Mr. Gattis store in Magnolia.

“We’re going to have to file for bankruptcy,” he said. “Unfortunately they occur. It’s through no fault of mine.”

Robles also denies any malicious intent in not getting his former employees, including Warfield and Smith, their due paychecks.

However, Robles said that once the store closed he took the leftover money from a petty cash account and divided it equally among the managers, including Smith. That amounted to about $300 each.

“It’s all the money that was there,” Robles said.

Smith is claiming that she has attempted to contact Robles several times by phone to inquire about her paycheck, but said he will not call her back.

Smith did confront Robles at the store while the owner was cleaning it out after it had closed.

“He said ‘I can’t pay you, I don’t know what else to tell you,’” Smith said. She believes she was treated unfairly after the store’s closing.

“I think I got a raw deal out of this,” Smith said. “I was a manager for him for three years.”

Robles would not comment on how many employees were forced out of a job or how much he owes in back pay.

However, Warfield estimates the store employed “at least” 16 employees. She has since gotten another job working at another pizza restaurant in Tomball.

Meanwhile, Robles thanked the community and his customers for their support over the 10 years the restaurant was open.

“I really appreciate the customers we’ve had,” he said.

He cited an influx of not only pizza places, but also more restaurants in the area as the primary reason his stores have folded.

“The competition has increased,” he said. “The restaurant business is extremely tough.”

Magnolia park project experiences setback, revitalization moves forward

By Cari Herr
Tribune Staff

The Magnolia 4A Corp. Steering Committee experienced a setback July 11 when Chairman Jonny Williams presented information regarding the property targeted for use as a detention pond and park.

Pictured, (in the foreground, left to right) Mag-Tex developer David Burdick, Steering Committee Chairman Jonny Williams, Patrick McCollum of the Drew Law Firm, 4B Director Frank Parker, and Tim Robertson of O’Malley Engineers. Pictured (in the background, left to right) are Charles Burditt and Diane Wilson of Burditt Consultants.

In a meeting on July 9, the Magnolia Independent School District (MISD) advised Williams that the property is to be surveyed as a potential site for an additional school.

The Steering Committee was formed in an attempt to coordinate the entities involved in planning a city detention pond and city park, which has been expanded to include a county horse arena, and a revitalization effort for downtown Magnolia.

As a result of the news from MISD, Carla Sebesta of Sebesta and Associates, the city’s grant writer, told the committee members that a delay in filing the grant to Jan. 31 could “make the project stronger by taking time to put the pieces together.”

“Additionally,” she said, “there will be more money in the pot and the program will be less competitive” at that time.

Williams asked if the project could still move forward without jeopardizing the city’s match potential.

“There are things the city can do, following certain procedures, that will not affect the city’s match potential,” Sebesta said.

The committee met with Burditt Consultants LLC and Tim Robertson of O’Malley Engineering to review aerial photographs and utility placements of the Magnolia downtown area.

The project suffered an additional setback with information provided by Robertson.

He advised the group that right-of-ways and easements along the proposed Betty Hall Street extension and the alleyway between FM 1774 and Commerce Street may once have belonged to the city, but could not be identified without a title search of the properties.

Williams told the group that despite the delay in acquiring property for the detention pond, the revitalization project was essential to the economic growth of Magnolia.

The group will meet again at 7 p.m. on Aug. 15 at 410 Melton.

American Legion Post 127, located at 106B Commerce St. in Tomball, was commissioned during a July 4 ceremony. Along with commissioning the post, volunteers celebrated the opening of the Veterans Thrift Shop, with all proceeds dedicated to supporting veterans and veteran causes. The American Legion is the nation’s oldest and largest charitable veteran’s support organization and was chartered by the U.S. Congress in 1919. Post 127 was established in 1995 and has 373 members. Pictured, American Legion member Norman Graham (left) and Post Commander Jim Poe (right).
Submitted Photo

Former MPD officer takes legal fight to city council

Council leaves details to attorneys

By Cari Herr
Tribune Staff

Attorneys for an ousted Magnolia police officer and the City of Magnolia were prepared to face off at a July 10 City Council meeting, but little was actually resolved.

Legal council for former Cpl. Mike Alexander of the Magnolia Police Department and City Attorney Leonard Schneider volleyed Texas Local Government Code articles, which provide for legal advice only on claims/requests versus employee performance evaluation consultations.

At the onset of the meeting, a request was made for an open session by Alexander’s attorney, Sheila Haley, for an agenda item regarding advice on legal issues associated with personnel claims and requests.

Prior to adjourning into executive session, Schneider advised council members to deny the request because, “There is no employment evaluation involved.”

Council moved quickly through the business agenda in anticipation of a lengthy executive session for several items including legal advice on employee contracts, water rate disputes, impact fee contracts, and police department issues.

The two-and-a-half hour executive session produced few results, with Councilman Dave Sutherland making a motion that ultimately failed due to receiving no second.

Upon reconvening into open session, contrary to advice from Schneider, Sutherland made a motion to reinstate Alexander to his position, and to place him on “administrative leave until any claims that have been made are resolved.”

At that time, Schneider advised council regarding Haley’s specific request, “There may be members of the public that may want to attend this meeting if they thought there was an appeal of Mr. Alexander’s termination. His termination was not discussed in executive session. If council decides to disregard my advice then I will step out of this meeting.”

Councilman Todd Kana also said he would leave the meeting, “if there is action taken on this item.”

While Schneider began packing his briefcase, Thornton pressed council to take the legal advice afforded them.

Subsequently, no second was made to the motion to reinstate Alexander and it failed.

During a hurried close of the meeting, Haley attempted to address the council with an objection to the denial for an open session in regards to Alexander’s agenda item.

Mayor Jimmy Thornton denied the request, accepting a motion to adjourn, which closed the meeting.

Based on Schneider’s determination that Haley, “is entitled to make the objection,” Thornton reopened the meeting and allowed the objection.

Haley said “an official request was made to the city’s office and the city attorney’s office, made by my office, for (Texas Local Government Code) 551.074 B consultation with regard to any personnel issue” in regards to Alexander.

“My objection is you refused his right under 551.074 B to address the council in an open session in front of the citizens,” she said.

Schneider advised Haley that her request, dated July 10, was not received within 72 hours of the council meeting, the time allowed by state statute to place an item on the city council agenda.

“If you wish to make a request for an agenda item at the next city council meeting, you can make that request and it will be placed on the agenda for an appeal of (Alexander’s) termination,” Schneider said.

Pictured, Lyn Edwards (seated), former Program Coordinator for the Montgomery County Library System, retired in February after 21 years of service. Children who have participated in the Malcolm Purvis Library Summer Reading Program surround Edwards, who was the storyteller for the day, reading “All About Fish.” At the end of the program, a drawing was held and Sammie Bench (front, right) won a fish float. Photo by Cari Herr