Tomball Police Chief Blake resigns to head up Kyle department

By Brian Walzel
Editor

Tomball Police Chief Michael Blake announced recently that he is resigning from his post to take over the same position with the City of Kyle.

Michael Blake

Blake made the announcement Jan. 29 in an e-mailed newsletter to media and the Tomball Police Department.

“It is time,” Blake stated in his e-mail. “It is time for a change.”

Blake was hired on to head up the department in 2002 and since then has implemented a number of procedures and programs that have elevated the department into a highly-recognized agency.

“I have done everything I knew to do in order to bring this agency to this current point in 21st century law enforcement,” he said.

According to City Secretary Doris Speer, neither the city council nor City Manager Jan Belcher has yet to determine who will fill Blake’s position, or if they will seek an outside candidate or hire from within the agency.

Blake will remain with the department until Feb. 22.

He will be taking over a department in a city that he calls “amazingly similar” to Tomball. Kyle is located 20 miles south of Austin with “bulldozers and mounds of dirt everywhere,” Blake said.

“Just like Tomball, it too is at a point of incredible growth,” he added.

Among the department’s achievements while Blake has been at the helm have been the implementation of geographic-based community-oriented policing, the foundation of an area multi-jurisdictional leadership exchange program, and annual crime clearance rates two to three times above the state average.

The department has also produced multiple FBI National Academy graduates.

Last year, the department received its most distinguished recognition under Blake when it earned the National Recognition Award as one of only 27 agencies in the state to meet Model Best Practices for Law Enforcement from the Commission on Accreditation for Law Enforcement Agencies.

“My tenure here in Tomball has been personally and professionally enriched by working alongside the caring and supportive citizens of Tomball, and the exemplary public safety professionals of the Tomball Police Department,” Blake said. “For any value that I may have added to this community since 2002, I have received back ten-fold.”

Blake also said that he believes it is time for Tomball to have a new vision.

“I believe that it is time for this agency to be advanced through the vision of new leadership, and to be exposed to more than just the ‘Michael Blake’ philosophy of contemporary policing,” he said.

McDougal named in alleged campaign finance report violation

By Cari Herr
Tribune Staff

According to Montgomery County District Attorney Michael McDougal, a recent complaint received by the Texas Ethics Commission against him originated due to conflicting Election Code statutes.

The Texas Ethics Commission notified McDougal on Dec. 27 of a sworn complaint filed against him for several violations in campaign finance reporting between 2004 and 2007.

While the Commission did pursue the 2007 and 2006 complaints, the statute of limitations has expired on the 2004 campaign finance reports.

The complaint, filed by Joe Merrill of The Woodlands, alleges that McDougal violated the election code in failing to file timely semiannual campaign finance reports for ’06 and ’07, as well as failure to properly report political contributions and expenditures for 2007.

Filing infractions included not filing semiannual reports for ’06 or for January of ’07, and for filing late an inaccurate July 16, 2007 report of more than $3,900 in total expenditures, while the actual expenditures included in the report exceed $10,000.

“I added wrong,” McDougal said. “I don’t know how I did that.”

He also left off the address in reporting a donation received to the fund, as well as a donation made to the American Heart Association from the fund.

Though he confirmed that he did not file the appropriate campaign finance reports, he has since done so, in addition to paying $1,700 in fines. He added that he has also filed his application and paid his fee for candidacy for the May election.

McDougal believes that state statutes governing finance reports are conflicting.

One statute in the Texas Election Code (254.095) requires that a political officer who has not received contributions or made expenditures exceeding $500 is not required to file campaign finance reports, he said, while another statute includes those amounts and adds a requirement for a campaign treasurer.

In addition, statute 254.063 requires a candidate to file two reports each year. However, during 2006 he said he was not a candidate and received less than $500 in contributions, so he didn’t file the reports.

Though McDougal has named himself as Campaign Finance Manager, the complaint alleges that he is required to file reports because he has designated William Bolt as his campaign Treasurer.

The conflicting statutes are the remaining factors needing to be resolved, McDougal said.

McDougal said this is his second interaction with Merrill, who contacted him last year regarding the covenants for development standards in The Woodlands Community Association.

The covenants of the Association provide for fees and time limits on sign postings and attempt to regulate signage in the state right-of-ways of The Woodlands, which McDougal said is illegal.

“The Association’s development standards cannot allow for a violation of state law,” he said.

McDougal addressed the issue with the Association advising them that a fee cannot be charged for posting signs in the state right-of-ways. In the interim, Merrill filed the complaint with the Ethics Commission.

Financially, ethically challenged TxDOT called to meeting for review

By Cari Herr
Tribune Staff

While TxDOT claims a $9 million marketing campaign is needed to convince Texans that the I-69 corridor is necessary for Texas mobility, one grass roots group has filed a lawsuit claiming that TxDOT has violated the law in using those funds to lobby elected officials.

Hank Gilbert of Texans Uniting for Reform and Freedom (TURF) represented that group at the town hall meeting held in Hempstead on Jan. 22.

Gilbert presented documentation and invoices reflecting that TxDOT has at least three federal lobbyists on retainer in Washington D.C., and one state lobbyist working on behalf of TxDOT throughout the counties in the proposed corridor’s footprint.

Transportation Commissioner Ted Houghton was asked to justify a $9 million public relations campaign that included lobbyists on retainer and two public relations firms.

Houghton confirmed that TxDOT retained federal lobbyists to represent the interests of the state of Texas in Washington D.C. He said the public relations firm was being used to orchestrate the town hall meetings, as well as meetings with elected officials.

Houghton admitted that he had personally met with county judges in the proposed segment areas to discuss the proposed corridor; an act TURF alleges is a violation of the use of state appropriated funds.

“I took my time to explain the facts of life, and too, the facts and fiction to the county elected officials to disseminate information and to combat the myths,” said Houghton.

The documents Gilbert referred to include invoices totaling $63,450 and "show a concerted, premeditated effort on the part of our highway department to directly lobby elected officials, which is against the law. They are pushing a political agenda and legislation that would give them the Trans-Texas Corridor and privatized toll roads and an open door to an endless revenue stream from Texas taxpayers and motorists," according to TURF Director Terri Hall of San Antonio.

While TURF has requested the Travis County District Attorney’s Office to initiate an investigation into TxDOT’s alleged lobbying practices, the pressure is on for TxDOT, which is also under review by the Sunset Advisory Committee.

Meanwhile, TxDOT has represented itself as a financially challenged state agency since the passing of SB 792.

While the recent approval by voters of $5 billion in construction bonds are yet to be appropriated in the 2009 legislature, TxDOT representatives are already extolling the virtues of a gas tax increase as its saving grace in the next legislative session.

“What’s going to happen two years from now is going to be entirely dependent upon the policies (the Transportation Commission) makes and how they want to proceed,” said TxDOT Budget Manager Brad Gatlin.

According to TxDOT Finance Director Lanny Wadle, TxDOT was anticipating the receipt of construction funding through Comprehensive Development Agreements with private investors. The loss of those funds through SB 792, in conjunction with federal rescissions has resulted in project cuts across Texas.

“With the (2007) session over, our hands are tied for two years,” Wadle said.

While the Dec. 4 TxDOT operating budget did not reflect $300 million in appropriated gas tax dollars, giving the appearance of a lack of funding, the 80th Legislature’s HB1 General Appropriations Act did reflect the possibility that those funds would make an appearance.

According to Gatlin, new revenue estimates issued by the state Comptroller’s office certified a higher than anticipated revenue projection, resulting in a $300 million rider appropriation for the transportation department reflected in contract construction for debt service.

It all comes to a head Feb. 5 at 9 a.m. when the Senate Transportation and Homeland Security Committee and the Senate Finance Committee will convene in a joint meeting to discuss TxDOT’s 2008-09 appropriations.

Magnolia ISD seeks to improve district academic excellence reporting

By Cari Herr
Tribune Staff

Despite passing all tests by 2 to 8 percentage points at or above passing rates for the state and the region in the 2006-07 Academic Excellence Indicator System (AEIS) report, the Magnolia Independent School District is looking for ways to improve those scores.

The district is lending special focus toward improving attendance rates, decreasing dropout rates, increasing advanced placement testing, and decreasing developmental course enrollment at the college level.

Attendance rates can impact the district’s student failure rate and return to education ratios for students attempting to pass the Texas Assessment of Knowledge and Skills (TAKS).

The district reported only a 0.2 percent increase for 2006-07 over the 95 percent attendance rate for the 2005-06 school year, while the state and region boast 95.5 and 95.6, respectively, for 2005-06.

Still, the district’s percentages of students passing TAKS who previously failed, in both reading/ELA (59 percent) and math (43 percent), is higher than that of the state for reading (50 percent) and math (34 percent), as well as the region’s scores for reading (51 percent) and math (37 percent).

Scores are affected by legislation passed in 2003 that redefined “drop out” and can skew the accountability recordings to the National Center for Education Statistics (NCES) for graduation completion.

While 85.4 percent of the Magnolia High School class of 2005 graduated, only 82.7 percent graduated in ‘06, logging 9.6 percent of students as dropouts, those who neither received a GED, nor continued high school elsewhere.

The ebb and flow of academics is such that while students requiring accelerated instruction remained flat across the board from ‘06 to ‘07, the district remained three percentage points higher than the state for ‘07 in cumulative standards met, meaning more Magnolia kids are passing with less tutoring.

To reduce the TAKS failure rate, as well as the drop out rate, the district is considering implementation of an in-house GED program that would provide for accelerated instruction.

Improved College Readiness percentiles in English/language arts and math are dependent upon decreasing the number of students who must take developmental courses at college enrollment.

While district scores at 56 percent are better than the state (48 percent) and region (50 percent) in English/language arts, as well as math scores for state (52 percent) and are equal to region (56 percent), the district offers dual credit and advanced placement courses in an effort to improve College Readiness percentiles.

However, the program sees only a 5.2 percent passing rate of students who take the placement exams, despite an increase in the number of tests taken from ’06 (138) to ’07 (169).

Even so the ’06 students in the district averaged a 21.2 ACT score in ’06; higher than the state’s (20.1) and the region’s (21) scores. Conversely, district students averaged a 989 SAT score, lower than the states’ (991) and the region’s (1022).

Renovation as alternative to foreclosure means higher rents

By Cari Herr
Tribune Staff

The residents of Gardenwood Apartments, formerly Magnolia Plaza, filled the room Jan. 28 at the Magnolia City Council meeting to voice their opinions on an issue that could raise their rents, but could also provide upgraded apartment homes.

Permanently disabled and on Social Security, Maryann Fourniquet, who has lived at Gardenwood Apartments, formerly known Magnolia Plaza, for 16 years said she cannot afford to have her rent raised.

The new property owners want to renovate the 20-year-old low-income housing project through a grant that could provide as much as $350,000 for remodeling.

Planned renovations include a community center with sports court, an upgraded playground, covered parking and handicap accessible features. In addition, each apartment is slated for new heating and air conditioning units, washers and dryers, ceiling fans, hot water heaters, refrigerators with icemakers, new carpet and flooring, cabinets, and paint inside and out.

While some residents were in favor of a remodel, others voiced concern over a projected rent increase. Estimates for rentals are in the $550 range and some residents could see as much as a $90 increase. That is more than Maryann Fourniquet said she could bear.

Permanently disabled and on Social Security, Fourniquet, who has lived at Magnolia Plaza for 16 years, said she cannot afford to have her rent raised. She said she is angry because the extra amenities planned for the renovation will unnecessarily increase her rent, leaving little of her income to survive on.

But Developer Warren Malkin of Malkin Development Co. said the new rent rate chart was an estimate based upon federally regulated profitability standards. Without the remodel, the property could foreclose, leaving residents out in the cold.

Conversely, Vivian Garrett is pleased about the renovations, saying that her apartment is in need of repairs. She asked if she and other residents would still be eligible for assistance through the Society of Samaritans and was told the apartments would continue to accept HUD vouchers.

Last November Mary Graves of MKG Consulting requested a resolution of support from the city to apply for Housing Tax Credits to renovate the property through a grant from the Texas Department of Housing and Community Affairs (TDHCA). While the council did approve a resolution, MKG missed a Nov. 15 application deadline and returned this year for a new resolution of support.

TDHCA facilitates the grant loans through the Affordable Housing Assistance Program, but the city is the vehicle by which the loan is administered. That caused hesitation on the part of council members, who requested clarification of the city’s monitoring and filing responsibilities.

USDA Rural Development will accept the TDHCA audit reports, according to Graves. “It is not a requirement to submit reports and audits if the project is financed through tax credits,” she said.

“We’re to the point where if the thing doesn’t go through, it could be foreclosed,” said Councilman John Bramlett. If the city does not support the resolution for tax credits, and the developer gets the grant for the renovations, rents could potentially be even higher.

The resolution passed 5-0.

Magnolia City Hall back in the city limits by March

By Cari Herr
Tribune Staff

Magnolia is on the move back to City Hall and could see meetings within the city limits at its new location at 18111 Buddy Riley Blvd. by March.

Council approved the closing of all city offices in anticipation of the relocation. A tentative closing date was set for Feb. 21-22. An open house is being planned for prior to the March city council meeting.

City staff presented a request for approval of a $50,000 increase to the Key Government Leasing agreement to landscape the grounds, and purchase furniture and equipment for the new building.

The motion was approved after much discussion by a 3-2 vote. Councilmen Sammie Scott and Dave Sutherland voted against the increase.

Councilman John Bramlett, along with Sutherland, objected to some of the proposed $34,000 in furniture expenses.

Those expenses included three 42-inch flat screen televisions, valued at $875 each, a new side-by-side refrigerator, estimated at $1,038, and stationary chairs versus rolling chairs for the conference room.

Also included in the estimated costs is more than $15,000 for landscaping.

The prices presented to council are general estimates representing what could be purchased, rather than what the city was actually ordering, said City Secretary LuAnn Drake.

City Administrator Ryan Kelley said the staff would use judicious stewardship of city funds in furnishing the new building.

“We don’t want to buy cheap and replace it three times in 10 years,” said Kelley. “But we do want to buy modest so it will last 10 years.”

Meanwhile, Scott and Councilman Todd Kana asked where the furniture that filled the space previously was.

Though all assumed it to have been in storage, no one seemed to know for sure.

In other city business, the council:

 Approved a $59,850 contract with O’Malley Engineers to update the city’s capital improvement plan.

 Assigned Kelley to be the liaison over the police department to whom the chief of police would report. As a result, Kelley will oversee the department’s communication and budgetary actions.

 Authorized Energy Analyst Alan Lammey of Spark Energy to extend a contract for electricity service not to exceed five years and contingent upon a reduction in natural gas prices to $6 per British Thermal Unit (BTU) or lower.

 Authorized the Magnolia Planning Commission to continue research for development and presentation of a city annexation plan.

 Approved a contract and payment of a $6,268 invoice with Montgomery County Election Service to conduct the May 10 election.

 Approved a $7,552 change order with RWS to replace a condensing unit at City Hall on Buddy Riley Blvd.

 Authorized payment of $2,873 for the construction and placement of a 6-by-8 pole sign for the Magnolia Historical Society to be expended from the Hotel Tax fund.

The Waller Area Chamber of Commerce recently elected its officers for 2008 at its annual meeting and Christmas party. Pictured (from left to right) are Mark Dandy, Sherri Rumph, Miriam Cooley, Judy Doyle, Trey Duhon, Kim Parmer, and Amanda Stevens.
Submitted Photo

Christian Youth Theater to present Tom Sawyer

Incorrigible American boys are certainly nothing new, especially as captured by Mark Twain’s American classic, “Tom Sawyer.” Christian Youth Theater (CYT) returns to Tomball Bible Church for an adventure far different than the previous in Emerald City. “This adventure is full of suspense and excitement on the Mississippi at a time when boys were running wild and free and pranks were more innocent and running away could be a great, harmless adventure,” CYT stated in a press release.

Pictured, the cast of Christian Youth Theater’s production of “Tom Sawyer.”

The production is under the direction of Kirsten Hallford of Spring and assistant director/choreographer Amy Henderson of Pinehurst. Henderson is a student at Lone Star College-Tomball and teaches drama at both CYT and Excelsior School of Dance. Several other Tomball/Magnolia area youth are active in CYT-Houston, which is the nation's largest youth theater arts training program for students ages 6-18.

Tickets are available at Klein's Super Market, Heaven's Way Christian Bookstore in Tomball or online at www.cythouston.org. Regular show tickets are $10 for adults and $8 for children in advance. Tickets at the door are subject to availability and are $2 more than advance ticket price.

Showtimes are Feb. 8 at 9 a.m., which is sold out, Feb. 8 at 11:45 a.m. ($5 for the two morning shows only), Feb. 9 at 2 p.m. and 7 p.m., and Feb. 10 at 2 p.m. For more information, call 832-338-5869.

From the Book of Clifford

By Clifford Parker
Contributing Writer

Okay. I need to warn everybody right up front that this story will probably be two weeks long. If you need a refresher next week to pick up where I left off, then store this paper aside where you can re-read this week and carry over to next week. (That is actually a cheap subliminal way of advertising by asking you to keep the paper laying around for a whole week so you have to keep looking at it. I learned that from my wife. She keeps fussing at me for keeping papers weeks on end. That must mean she keeps seeing them all the time and they stay forefront in her mind! I guess it works!)

Because it is wintertime, I need to go to the ranch each week and hay my cows. I usually make the trip on Saturday or Sunday. Going to the ranch allows me time to reflect on the past week and the new week ahead. The trip down US 290 gives me a relaxing trip as the traffic is usually not too heavy. I sorta chill out as I travel the road between Hempstead and Brenham. My favorite part is the Brazos River bottom.

During my trip this past weekend I stopped at FM 1488 and US 290, pulled into a familiar gas station and proceeded to pump gasoline into my truck. I suddenly realized after about six gallons that the handle I was holding was black and it should have been green, simply because…well…because I don’t have a gasoline motor in my truck! It’s diesel! I was pumping gasoline into a diesel tank!

This is a major no-no and I should have known better! I have experience! Unfortunately for me, this is not the first time…nor the second time…but the THIRD time I have done this to my truck!

As soon as I realized what I had done, I saw that only six gallons had been pumped. So after some quick calculations in my mind, I knew that if I filled up the rest of the tank with diesel I would have about a 5 to 1 ratio, so I figured it would not hurt anything. I thought the gasoline would be diluted enough with a tank full of diesel that all would be okay.

I moved my truck to the proper pump and pumped the diesel into the tank and headed off down the road.

I made my way from FM 1488 on to US 290, through the overpass in Hempstead and across the Brazos River bottom. I enjoyed seeing all the cattle grazing in the bottom and saw some guys working the ground as I headed across the river. I began my approach to the intersection on US 290 at Chappell Hill and the red light caught me. As I applied the brakes and came to a total stop...it happened! My truck died, “deader than a door nail,” right in the middle of traffic!

An immediate panic overcame me as the cars and big trucks started passing me by at breakneck speed. I felt in just a few seconds that I was about to get creamed in the rear and I felt an immediate adrenaline rush overcome my body.

Of course, this was all in a few seconds, but I switched on my flashers, checked my rear view and side mirrors for traffic, jumped out of my truck, popped the hood and went back to the driver’s side of the truck. I opened the door and began to push.

What I haven’t told you is I also had my 20-foot gooseneck trailer attached! The adrenaline rush was sooo high in my body that I pushed the entire rig off to the side of the road onto a right hand turn only lane! Once the truck was off the road and in the turn lane, I felt an immediate release from the previous rush I had felt and I began to settle down. I still cannot believe that I was able to move the rig on my own!

I placed some safety cones at the rear of my trailer and began evaluating my situation. I was on the side of a major highway with a truck and trailer that needed to be towed. But more importantly, I needed to get this thing off the road and in a parking lot. My cows had not had hay in seven days and it was almost 11 a.m. I knew it was going to be a long day.

My mind went to my friends, Robert and Jennifer Blystone. They live north of Chappell Hill in Washington, Texas.

It is always a parting comment for both of us that “if you ever need me, give me a call.” I needed their help and I felt desperate. I made the call. I had to leave a message so I called my friend Lee Chapman at Tomball Paint and Body. He has a wrecker.

I knew either way I needed a tow, so he started his trek toward Chappell Hill. As I was on the phone with him, Robert called me back and said he would be on site in 10 minutes. I got out of my truck and sat on the side of the road as I waited on him.

More next week.

-- Clifford

Annual Tomball FFA Show hailed as ‘best one ever’ Auctions, sales bring in more than $370,000 for students

By Brian Walzel
Editor

The Tomball High School FFA held its 32nd Annual Show and Sale Jan. 26, which raised $373,049 for the students who raised and cared for dozens of cows, pigs, turkeys, rabbits, lambs, and chickens.

Beckendorf Intermediate fifth grader Katie Boehnke (left) and Decker Prairie fourth graders Kaitlin Escue (center) and Brooke McQuill (right) look at one of 27 lambs before they were shown at the Tomball High School FFA Show Jan. 26.
Submitted Photo

More than $210,000 was raised during the live auction. The big winner of the event was Justin Spaugh, who took home the prize for Grand Champion Steer and $16,000 from the auction. Reserve Steer went to Casey Krahn for $9,000. Other winners included Cooper Chambers for Grand Swine ($9,000), Brandon Whitten for Reserve Swine ($4,200), Morgan Breaux for Grand Lamb ($8,000), Chambers for Reserve Lamb ($5,500), Casey Parker for Grand Turkey ($2,800), Michelle Quinn for Grand Broilers ($4,000), Trevor Genzer for Reserve Broilers ($3,000), Nathan Lenz for Grand Rabbits ($4,500), and Lauren Kahre for Reserve Rabbits ($3,500).

Freezer sales and add-ons brought in an additional $16,000.

FFA instructor Sommer Thomas called this year’s show “our best one ever.” The more than $370,000 raised was the program’s highest total ever, she said. According to Thomas, the money each student was awarded goes back to them for whatever they choose to use it for.

The FFA program keeps a 10 percent commission on each animal sold that goes into an activity fund which helps pay for items such as new trailers and equipment.

Thomas cited an increased number of freshmen and their ability to bring new buyers to the show as the reason for increased sale amount.

She estimated that more than 220 Tomball High School students took part in this year’s show.

Scottie owners from across country visit Tomball for seminar

By Brian Walzel
Editor

Dog lovers, breeders and handlers from across the United States descended on Tomball Jan. 26 for a special grooming seminar for Scottish Terriers.

Anita Van Ravensway (left) watches while Marianne Melucci (right) gives her tips on how to groom her Scottish Terrier, Viva.

The Scottish Terrier Club of Greater Houston put on the event, which was held at Pet Resort of Tomball on FM 2920.

About a dozen Scottie owners from across the nation brought their furry friends to Tomball to learn how to groom them for show.

The featured guest was Marianne Melucci of Connecticut, who has won a number of awards for Scottish Terriers, including the 2005 KC Eukanuba Best of Breed for her dog, Axl.

Melucci said she was invited by the Houston club to show other owners how to prep their dogs for professional shows.

“I’m here to help people accomplish some of the same things that I have accomplished,” she said. “I like to take the things I have learned from my dog and share them.”

Inside a playroom of the Pet Resort, about a dozen Scotties stood idly by on tables as their owners clipped, shaved, preened and combed every whisker and hair. The tools of the trade the groomers used varied from scissors to pumice stones and everything in between.

The dog owners also listened to tips from others who had shown their dogs at shows.

“They’re very anxious to learn,” Melucci said.

Others in attendance hailed from Boston, Austin, Virginia, Arkansas, Missouri and College Station.

The Scottish Terrier Club was formed in 1974 by a group of owners “for the purpose of sharing information about (the) breed, holding specialties and providing breed related education.”

Melucci, who has been involved in caring for Scotties for more than a decade, said breeders sometimes attend shows as often as every other weekend and that many of those in attendance at the seminar had already connected while attending such events.

She added that she enjoyed working with the Tomball delegation because it was a truer reflection of owners of show dogs and their efforts to prepare their pets.

“A lot of the dog shows now are very political,” she said. “The dogs have professional handlers who are involved in a lot of other aspects.”

For example, Melucci said, one dog will have a handler for each specific aspect of caring for the dog, such as health issues, breeding, and grooming.

“Pro handlers don’t have to worry about so many things,” she said.

Tomball High School freshman Nathan Glaesmann raised three chickens and made his debut appearance in the FFA Show. His chickens competed against 28 others that were judged in the show.
Submitted Photo

Council initiates mediation for Alexander’s case, grand jury hearing set

By Cari Herr
Tribune Staff

After seven months of delays, failed negotiations, stalemated motions, and endless investigative interviews in the case of Magnolia Police Department Cpl. Mike Alexander, forward movement is now being made.

While the Texas Rangers have finally handed down their investigation report to the District Attorney’s office for a grand jury review, the Magnolia City Council has approved formal mediation for Alexander’s wrongful termination suit.

Alexander filed a complaint with the DA in June 2007 against his superiors alleging that he and other patrolmen were issued wrongful orders during election season to stop, harass and arrest two individuals: one, former Magnolia Councilman Richard Anderson, and the other, Council Position 1 candidate-elect, Sammie Scott, who went on to win the election.

An internal investigation within the department resulted in nine affidavits from other patrolmen denying that wrongful orders were ever issued. However, one officer, Lt. Bo Crabtree sided with Alexander in the complaint.

Within days, Alexander was fired for what Cunningham maintains was an attempt to procure and install illegal tracking software on the chief’s computer, in addition to a long list of personnel file infractions and reprimands, which Alexander alleges were fabricated.

Alexander’s wrongful termination complaint was not an original part of the investigation, according to District Attorney Michael McDougal.

“Once he made the report and we started investigating, then they fired him,” he said. “So that could very well be why the ranger took longer to get his report in because he had an additional complaint to investigate.”

The case has been slated for grand jury review in February, said McDougal, though he did not specify a date. He added that the grand jury would leave nothing unresolved in the case.

Texas Ranger David Rainwater filed his report with the DA’s office in early January, according to McDougal. Though Ruben Garza is the DA’s investigator, the case was deferred to the Texas Rangers “to show absolute fairness to any law enforcement agency.”

McDougal said Garza’s former working relationship at the Houston Police Department with Magnolia Police Chief Ron Cunningham did not affect the decision to defer the case. He added that all law enforcement agency investigations are deferred by the DA’s office to the Texas Rangers.

Subpoenas will be issued to all parties involved in the event that the grand jury would require testimony. McDougal said he had not read the Texas Rangers’ report and would not read it unless the grand jury handed down an indictment in the case.

“If the grand jury no bills the case, it’s a done deal,” he said. “They are a completely independent body.”

Meanwhile, in a 5-0 vote on Jan. 28 the Magnolia City Council authorized the city attorney and an outside council to enter into formal mediation with an agreed upon mediator to be paid for by the Texas Municipal League in Alexander’s wrongful termination complaint against the city.

While council members Todd Kana and Patsy Williams had previously voted against a similar motion at the Jan. 8 meeting, Kana said his reversal was based upon his opinion that there are no city funds being expended for the mediation. Williams, who has held to her commitment not to spend tax dollars on further negotiation, agreed.

The action was recommended by Texas Municipal League attorneys, said Mayor Jimmy Thornton, as well as the city attorney and was unanimously upheld by all the council members because the city is at a “dead end.”

“A mediator will hear everything that has been brought out to the top of the table and we can move forward,” Thornton said.

In mediation, Alexander could very well see a return to the MPD and reasonable payment of legal fees contingent upon signing a release of liability to the city, all of which Councilmen Sammie Scott and Dave Sutherland have supported, while Kana and Williams have opposed.

That decision could be just in time for the grand jury review of the evidence.

Tomball High School juniors J. R. Caruso (left) and Tanner Rush (right) wait to show their animals, showing their support by cheering on their fellow classmates at the Jan. 26 FFA show. Submitted Photo

Houston man charged with intoxicated manslaughter in SH 249 accident

By Brian Walzel
Editor

A Houston man was in jail last week after police say his drunk driving accident claimed the life of a passenger in his vehicle.

Roberto Gonzalez, 32, was arrested Jan. 28 for intoxicated manslaughter and failure to stop and render aid after an accident in the early morning hours on SH 249 a half mile north of Spring Cypress.

According to police, Gonzalez was traveling north on SH 249 when he veered off the road and struck a metal pole. The impact of the collision fatally injured the front seat passenger, who had yet to be identified as of press time last week.

Gonzalez then reportedly climbed out of the vehicle over the deceased passenger’s body onto the roadway and fled the scene on foot.

A backseat passenger in the car told police which direction Gonzalez had fled and he was found a short time later under a nearby bridge.

A police report states that Gonzalez was bleeding from an injury he sustained to his head. The roadway was closed for several hours while police investigated the accident and located Gonzalez.

Rod Vincent (left) judged 80 pigs in the Tomball High School FFA Show. Front to back, junior Megan Beisert, sophomore Tyler Buck, and freshman Jared Heim show off their pigs as they maneuver them through the pen.
Submitted Photo

Family appeals death sentence for pet’s alleged aggressive behavior

By Cari Herr
Tribune Staff

A Magnolia family has appealed an order to euthanize their family dog, claiming that one family on their block has fabricated complaints of growling and aggressiveness.

Pct. 5 Judge Matt Madsen issued a seizure order for the animal on Jan. 11 and gave the order to euthanize after a fourth hearing on the case was held Jan. 16.

“I never want to give an order to euthanize, but none of the evidence or testimony that the dog is not dangerous was presented,” said Madsen. “It was a tough decision, but I will err on the side of caution when it comes to citizen safety.”

In an effort to save the dog, named Lobo, the Fraziers have started a Web site, savelobo.com, that lists more than 50 testimonials regarding Lobo’s friendly behavior.

“We have obtained an attorney and have filed an appeal with a higher court in order to save our animal,” said owner Rosalyn Frazier.

Lobo, a hybrid Husky mix, grew from a puppy on Trailway Dr. in the 177-member Lake Estates subdivision. He sleeps with two-year-old, Reagan Frazier. His owners, Erik and Rosalyn Frazier, claim he is a sweet, good-natured and loyal pet.

The Fraziers moved to Erik’s childhood home in 2005 just a few houses down from Lobo’s stomping grounds.

The trouble for Lobo started a year later when a new family moved into the house next door to Lobo’s old house.

Over the last year, that family has filed numerous complaints with Montgomery County Animal Control (MCAC) against Lobo for being loose in the neighborhood and growling at members of their family.

Both Madsen and MCAC Supervisor John Geiser claim the Fraziers have been warned repeatedly about the Montgomery County leash laws.

“It’s really out of control,” Rosalyn said. “Even if I do have him on a leash in the front yard, they (the neighbor) will call animal control.”

MCAC has petitioned for four hearings regarding Lobo’s case in Madsen’s court, starting in April of last year. At that time, Madsen said he did not deem the dog dangerous, but requested the owners to secure the animal.

The Fraziers are angry that Geiser and Madsen have taken “one neighbor’s word against the other’s.”

“We’ve never had issues like this with any of our other neighbors,” said Rosalyn.

According to Geiser, more than one complaint has been made against Lobo. In one incident, a woman claimed Lobo bit her son. The same witness has testified that on another occasion she intervened when she saw Lobo being aggressive toward another neighborhood child and pulled her car in between the dog and the child.

As a result, Geiser requested a second hearing. Based upon that testimony, Madsen deemed the dog to be dangerous, ordered him to be secured at all times and ordered the family to acquire $100,000 in insurance for the animal.

But in September Geiser was back in Madsen’s court and the Fraziers were warned again of the Montgomery County leash law.

“No further action was taken,” said Madsen, “but the owners were warned to keep the dog secured.”

However, January saw another hearing request from Geiser based upon complaints that Lobo was loose in the neighborhood. Madsen issued a seizure warrant for the dog on Jan. 11. A hearing was scheduled for Jan. 16 where Madsen issued the order to euthanize.

“The dog has not been euthanized,” said Madsen. “The dog is still in the possession of animal control.”

John Ellis (left) was honored as the 2007 Ambassador of the Year by the Greater Tomball Area Chamber of Commerce at a Jan. 11 First Friday Luncheon. Presenting the award to Ellis was 2006’s winner, Marilyn O’Neal (right).
Photo by Brian Walzel

TxDOT to hold public hearing for FM 1488 expansion through Magnolia

Magnolia City Council set to attend

Montgomery County, in conjunction with the Texas Department of Transportation, will hold a public hearing to present and discuss the proposed design and results of the environmental studies for proposed improvements to FM 1488 from Joseph Road in Waller County to FM 2978 in Montgomery County.

An open house will be held on Feb. 12 at 6 p.m. at Magnolia High School, located at 14350 FM 1488. The public hearing will immediately follow at 7 p.m.

TxDOT reports that the project will require additional right-of-way purchases, in addition to residential and business displacements and relocations. Less than two acres of jurisdictional wetlands waters of the U.S. would be impacted. The proposed project would cross the floodplain, but no impacts to the floodplain are anticipated.

The schematic layout showing the location and design, environmental assessment, and other information related to the project will be available for viewing and are also on file and available for public inspection at the Montgomery County Transportation Program Office, located at 207 West Phillips, suite 106, in Conroe and at TxDOT’s Houston District Office, located 7600 Washington Avenue.

Individuals interested in attending the hearing who have special communication or accommodation needs are encouraged to contact TxDOT at 713-802-5071 at least two business days prior to the hearing.

Verbal and written comments relative to the proposed project may be presented at the hearing. Written comments may be submitted on or before Feb. 26 to the Director of Project Development, TxDOT, P.O. Box 1386, Houston, TX, 77251.

In order to attend the TxDOT meeting, the Magnolia City Council has changed the February council meeting date from the 12th to the 11th.

The Waller Area Chamber of Commerce is sponsoring a forum for the candidates running for office in Waller County in the upcoming election. The forum will be held Feb. 21 at the First United Methodist Fellowship Hall, 1207 Farr Street in Waller, from 6:30 to 9 pm. The candidates will each be allowed to speak five to seven minutes about themselves and what they represent for the elected position. The public is invited and there is no charge to attend. Call 936-372-5300 or e-mail to info@wallerchamber.com for a reservation.

Rotary scholarship sends Magnolia girl across the globe

By Cari Herr
Tribune Staff

Magnolia High School graduate Brittany Yelverton spread her wings and flew across the nation and around the globe on a course to embrace the cause of social justice and environmental awareness; a course that landed her in Africa through the recent award of a $23,000 Rotary Foundation Ambassadorial Scholarship.

Brittany Yelverton

The two-year scholarship provides Yelverton the opportunity to further her education and acquire a master’s degree in Media Studies through the production of a documentary that focuses on women’s rights and social justice.

The scholarship is designed to promote international understanding and goodwill by providing education opportunities in more than 150 countries.

While pursuing advanced education abroad, Ambassadorial Scholars speak to Rotary clubs and districts, schools, civic organizations and other forums where they act as ambassadors of goodwill.

Though furthering her education abroad is important to her, Yelverton remains true to her Rotary sponsor.

“My obligation to Rotary is to come back and speak about my opportunities,” she said. “I’m completely indebted to Rotary.”

The only child of a longtime Magnolia family dating back 85 years, Yelverton graduated from Magnolia High School in 2003.

“Ever since I was 7-years-old I wanted brothers and sisters, or a pony,” she joked, “and I never got any of them.”

Continuing her education at Elon University in North Carolina, Yelverton majored in communications, English, and Women’s/Gender Studies with a concentration in Film and Creative Writing. While in New York after graduation from Elon, Yelverton worked in independent film production on a music video with Bob Dylan.

“He has done so much for political change and activism. That was really incredible,” she said. She also worked with the founders of Google and Youtube.com for an online production.

Through the Rotary scholarship, she is currently studying at Rhodes University in Grahamstown, South Africa.

“Africa has been a place that’s special to me because even though there have been a lot of strides made in apartheid, there are still social issues that need to be addressed,” she said, “especially for young females and children.”

Recognizing her western upbringing, Yelverton said the sustainability of life is so different in Africa than in New York where Blackberry’s and MP3 players prevail.

“I’m just a middle class white girl from Magnolia,” she said. “I didn’t want to go over there with a savior mentality, but to offer myself to serve.”

In Africa the priority is on family and the fundamentals of change for the necessities, like food, water and shelter.

“I don’t think their concern is their iPod,” she said. “It’s more along the lines of just living.”

She hopes to begin work soon for a documentary on the sustainability of the automobile, profiling its environmental and social impacts, as well as its future.

“There is still a lot to be done in developing green energy and alternative fuels to lessen the impact on our environment,” Yelverton said. “I’m more interested in solar and electric based energies to run and power cars and the viability of vegetable oil that has no impact on the environment.”

Tomball Chamber to host candidate forum for Arsdale, Fletcher

A “Meet the Candidates” forum providing candidates who are seeking election to the State Representative District 130 position an opportunity to discuss their viewpoints is set for Feb. 12. Republican candidates State Rep. Corbin Van Arsdale and B. Allen Fletcher will have the opportunity to present their views and opinions as they answer questions posed by community members.

Presented by the Government and Legislative Affairs Committee of the Greater Tomball Area Chamber of Commerce, the forum will take place from 6 to 8 p.m. at the Elmer L. Beckendorf Conference Center at Lone Star College-Tomball, located at 30555 Tomball Pkwy.

The purpose of the forum is to enlighten voters of the issues, ideas and opinions of each individual candidate and to encourage eligible District 130 residents to vote. The public is invited and there is no fee to attend.

Texas’ primary election, which will determine the Republican candidate running in the District 130 race, is March 4. Registered voters may cast ballots on that day from 7 a.m. to 7 p.m.

Call the Greater Tomball Area Chamber office at 281-351-7222 for additional information about the forum.

Willow Wood Junior High School seventh grade cheerleaders Hannah Harvey (left) and Tiffani Wade (right) show their school spirit at a pep rally with eighth grader Eric Ramsey (center), who portrays the school mascot, “Wildcat.” Submitted Photo

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