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By LAURA KESTNER, Editor

Two separate executive sessions (one new hire and possible city responsibility for vehicle damage) turned a brief agenda into a lengthy meeting during the most recent session of the DeLeon City Council, Thursday, March 13, 2008.

All council members were present except Avery Carlisle who is also a member of the DVFD and was busy in that capacity.

During the Citizen’s Presentation segment of the meeting, Bobby Brinson, a representative of Air Evac Lifeteam, thanked the council for the opportunity to address them at the previous meeting regarding them purchasing the membership program for city employees. Brinson clarified that it wasn’t an insurance program, but that purchasing a membership does provide a “peace of mind.” After touching briefly on a few more aspects of the air ambulance program, and answering a question, Council members were reminded by Mayor Danny Owen that this was not an agenda item, so no discussion was allowed or they would be in violation of the Open Meetings Act.

No decision was announced on whether the city would eventually purchase the membership program for city employees or not.

After several routine agenda items were completed, Mary Rhyne addressed the Council regarding recent damage to her vehicle.

“I was coming into town on the Sipe Springs Highway,” Rhyne said. “I had already passed the 55 mile limit, and the 45 mile limit, so I was going about 35 or 40 miles an hour. I saw this city backhoe and I thought, I’m going to pass him, so I don’t have to drive behind him all the way to the highway.”
Rhyne said that when she started around the backhoe, “he turned right in front of me” and that although she took evasive action, her pick-up sustained a scrape and “ a big old rip.” The city employee in question was never identified during the meeting.

“When I called down here (to City Hall) they told me to get three estimates,” Rhyne said, “and I presumed by that that they were going to fix it.”

Rhyne said she later got a letter from the city’s insurance carrier denying the claim. She finished her statement by saying she did not believe the accident was her fault, and that she did not believe she should have to pay for the repairs.

Mayor Danny Owen then announced that the Council would discuss the matter in executive session, in order to consult with Lois Rockefeller, city attorney.

After reconvening in open session, the council voted to take no action regarding the damage claims. Rhyne was not available for comment, having left the meeting when the executive session began, and not returning when it reconvened in open session.

After another brief executive session, council members voted to hire Rene Garza as a city employee, with no comment other than “welcome aboard.”

An agenda item described as “Discuss and consider authorizing the moving of monies ($50,000) from the Utility CD to the Utility Fund for operating expenses” was also addressed.

For full article, subscribe to the DeLeon Free Press. E-mail edition is only $20/year.

By JERRY MORGAN, Reporter

There was dust, gun shots and excitement in the air late Saturday evening as several area law enforcement officials joined in a search for a pickup running from an attempted traffic stop. When all the dust settled, a young DeLeon man found himself facing serious legal trouble.

Saturday evening, March 15, at around 11:30 p.m., Comanche County Chief Deputy Chris Pounds was on routine patrol on Highway 2921 north of DeLeon when he observed a suspicious Ford pickup, slowly rolling with only its dome light on in the St. Joe Baptist Church parking lot.

Chief Deputy Pounds attempted to stop the pickup, which then fled from the area. Pounds pursued the pickup down several county roads and to the east across State Highway 16.

Other law enforcement personnel responded to the situation, including DeLeon Police Officer Ben Rowell.

At one point Officer Rowell was out of his police car attempting to stop the approaching suspect pickup. As the pickup drove past, he was struck on the arm by a mirror, but not seriously injured.

Rowell then fired one shot at the fleeing pickup and hit the right rear tire.

For a short period of time, the suspect pickup successfully managed to evade law enforcement. It was driven onto an area farm off of CR 454 where it was abandoned behind a barn and the driver fled on foot.
Officer Rowell later located the pickup. It was impounded by the Sheriffs Office and processed for evidence. It was later released to its owner and an arrest warrant was issued for the driver.

On Tuesday morning, March 18, James David Tyler Gardner, 17, of DeLeon, turned himself in to law enforcement authorities.

Gardner was charged with Evading Arrest with a Motor Vehicle, a State Jail Felony, with bond set at $10,000. He was also charged with Aggravated Assault Against a Public Servant, a first degree felony, with bond set at $75,000.

Another 17 year old male and a 16 year old female were reported to have been in the fleeing pickup, neither of whom were charged with any crimes.

Chief Deputy Pounds and Sheriff Jeff Lambert stated that St. Joe Baptist Church had not been broken into.

In addition to Pounds and Officer Rowell, other Sheriffs Office units from both Comanche and Erath counties and DPS Troopers stationed in both counties participated in the pursuit.

At press time, Gardner was reported to remain incarcerated in Comanche County Jail.

By JERRY MORGAN, Reporter

COMANCHE -- The Commissioners Court met in a special called meeting on Friday afternoon, March 14, for the purpose of addressing the total outdoor burn ban in effect in Comanche County.

RETREATING FROM FLAMES. Kay Hodges, who had been called to her parent’s farm on CR 445 south of DeLeon late Thursday afternoon, March 13, heads back to her vehicle as the advance of wind driven flames threatened. At this point she had been looking for her husband, John, and father, Neal Morris, who were somewhere out in the smoke fighting the fire. Winds from a dry cool front caused ashes from an approved brush burn two days earlier to spring back to life and ignite nearby dead coastal bermuda grass. The initial southwesterly winds pushed the flames in a northeastern direction off of the Morris farm and onto the Geneva Wilson and Terry Skaggs properties. Firefighters from a number of area volunteer departments soon joined DeLeon VFD in the battle and kept the fire from leaping across CR 445. Later, the winds shifted to a more northwesterly direction and began pushing the wall of fire back onto the Morris farm, threatening their home and hay and equipment storage. Although the Morris home was saved, over 400 round bales of hay, a hay barn and some farm equipment was lost. Neal Morris also suffered a heart attack during the action and was taken to CCMC and later to Fort Worth. He was released and returned home late Saturday. There were no firefighting injuries reported.

Even after a vote was taken and the meeting adjourned, matters remained unsettled, at least in the minds of some.

The meeting was held just one day after a large wildfire had engaged the efforts of firefighters from several area fire departments on CR 445 south of DeLeon.

All four County Commissioners: Garry Steele - Pct. 1, Kenneth Feist - Pct. 2, Bobby Schuman - Pct. 3 and Jimmy Dale Johnson - Pct. 4, were present.

County Judge James Arthur was attending a judicial conference out of town and was unable to attend. The meeting was conducted by Garry Steele.

Other county officials present at various times included County Clerk Ruby Lesley, Sheriff Jeff Lambert, Chief Deputy Chris Pounds, Emergency Services Coordinator Ray Helberg and his assistant Trish Grimshaw. Ray Helberg was not present when the meeting began, but arrived soon thereafter.

At the outset of the meeting Bobby Schuman asked if they were going to change the existing total outdoor burn ban to a restricted burn ban.

Garry Steele responded, "We thought we had everything settled, and then we went to a total burn ban. And then everything got confused again. In my opinion, the restricted burn ban will do the same thing, but it will just resimplify things. That's just my thinking. It will still be under Ray Helberg's discretion as far as when to burn."

Steele added that the change from a total outdoor to a restricted burn ban should not take effect until early in the following week due to predicted high fire danger followed by predicted wet weather.
"I think we can do the very same things we have been doing, with some discretion, and make it a lot simpler," Steele added.

Bobby Schuman expressed the frustration he and his son had recently experienced when burn permission was denied on a day when it was raining.

Garry Steele responded that he believed the confusion had arisen due to the fact that the Commissioners had given the County Judge the authority to temporarily lift the total outdoor burn ban and that somewhere between he and Ray Helberg the matter was getting confused.

"This way it would just get it back to the way it was, to where Ray would be calling in, and there wouldn't be any confusion. Yes there was some confusion. I know that," Steele commented.

It was noted that the Judge had sought legal opinion regarding his authority to temporarily lift a total burn ban and had been advised that he did not have such authority.

Ruby Lesley noted that the Judge could not lift a total burn ban without an order of the Commissioners Court.

Ray Helberg added, "You all can do it whenever you want to."

Steele noted that in addition to the County Judge, that Sheriff Lambert had reservations about the county's total burn ban procedures.

Lambert then stated, "I think if you read the law on that, you have the authority to put on that burn ban, but you have to specify for how long that burn ban is on, not to exceed 90 days. You can undo it, but I think you have to come back into court to undo it."

Steele observed the impracticality of being required to call special Commissioners meetings every time it rained.

Jimmy Dale Johnson said he had heard it said on television that Erath County had lifted their total burn ban and then suffered 14 major fires.

Garry Steele said he knew that the restricted burn ban had worked very well in Comanche County.

Bobby Schuman restated that the confusion over who can temporarily lift a burn ban needed to be clarified.

The meeting became a bit unfocused as Schuman received a cellular phone call and talked at the meeting table while others discussed various aspects of the burn ban, including Garry Steele's desire to obtain only one or two phone numbers for people to call when seeking permission to burn.

Kenneth Feist, who had been largely silent during the meeting, finally stated his opinion. "We're taking all of the privileges away from our people. We're telling that there's five of us sitting here telling everybody what to do. And I don't really like that."

After a couple of Commissioners commented briefly that they didn't think that they were exercising too much control, Feist continued.

"I feel like they ought to call in and tell us they are burning, but us telling them they can't burn, I just don't like it." He later added, "The law says if they burn somebody else's property, they've got to pay for it."

There was general agreement among the other Commissioners, however, that some type of restrictions on burning was necessary.

Both Schuman and Steele expressed support for returning to a restricted burn ban with Ray Helberg being given the responsibility for making the determination each day whether burning would be allowed or not.

Jimmy Dale Johnson added, "I can live with that."

Sheriff Lambert asked, "Can I play the Devil's advocate just a second? If you don't have the authority to put on a burn ban and take it off when you want to, then how do you do a restricted? Has anybody had the County Attorney look at it?"

Garry Steele responded that he did not know whether or not the County Attorney had specifically investigated the matter.

Sheriff Lambert noted that he had been uneasy for some time about enforcing a burn ban that may or may not be legitimate.

One Commissioner could be heard stating in a low voice that the Sheriff's concerns "complicates business."

For full article, subscribe to the DeLeon Free Press. E-mail edition is only $20/year.

CHECK  www.ComancheFire.com  Daily for current Burn Ban Status.

By LAURA KESTNER, Editor

It was announced this week that Linda Levin has been hired as executive director of the DeLeon Chamber of Commerce.

Levin, who is scheduled to begin work Monday, March 24, will replace long-time executive director Barbara Helberg, who recently resigned to accept a position with the Comanche County Water Supply Corporation.

Levin met two weeks ago with the Chamber board of directors, and had an additional interview Saturday, March 15, with the the executive committee -- Dr. Randy Mohundro, Jamie Welch and Tim Beaty.

Levin is a familiar face in the downtown DeLeon area having owned and operated, with her husband Phillip, Stikbows Antiques for four years.

“After I closed Stikbows Antiques, I worked at Antiques From Our Father’s House, in Gorman, for a couple of years,” Levin said. Most recently, Levin said she’s been occupied with caring for ill relatives.

“Currently, my husband Phillip and our son, Brandon, have a shop, Stikbows Custom Cabinets and Furniture in Beattie, five miles from our house,” Levin said. She said the Levin family has lived in Beattie for 20 years.

“I’m looking forward to working at the Chamber,” Levin said. “I’ve always loved DeLeon and the people, it’s home to me.”

Levin is scheduled to work at the chamber from 9-3, five days a week, and “as needed” for special events.

The first of those events, a “42” Tournament, is scheduled for April and Levin laughingly admitted that she knew little about the game.

“I’m a city girl,” Levin said. “The only thing I know less about than “42” is tractor pulls. But I told the directors, what I lack in experience, I’ll make up for in enthusiasm. I’m very excited about this job.”

One of the things fueling Levin’s excitement is the attitude of the chamber board.

“I believe that this is an exceptional board,” Levin said. “I just got a sense and feel that it’s a very professional and devoted group.”

Board members believe that Levin’s employment history, including a lengthy stint with the Hilton Corporation in Dallas (as credit manager and chief correspondent), has more than prepared her for work at the chamber.

“We’re excited to her on-board,” Dr. Mohundro said.

Levin said she hopes to have an “open door” policy at the chamber.

“I would like to invite the community to come by and share their dreams and desires for DeLeon,” Levin said. “I’ve already been approached by one woman about a project that might just be wonderful for downtown. I hope everyone will feel free to drop by and share their ideas.”

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