People, Places & Events

City, county attorneys opposing on rubble dispute
By Michael V. Hannigan
Monitor Staff Writer
MALAKOFF–A dispute between some city residents and Henderson County Precinct 1 could cause the City of Malakoff to revisit one of its ordinances.
The dispute centers around a large pile of rubble across from the Precinct 1 office and yard off State Highway 31 and directly behind The Lindy Mall.
The property is owned by the county, and most of the material currently making up the rubble came from the demolition of the old Malakoff Middle School auditorium.
(Editor’s Note: The Monitor reported on the rock pile dispute in its June 4 edition, including some of the critics’ specific complaints and Precinct 1 Commissioner Joe Hall’s responses.)
Critics of the pile, which include owners of The Lindy Mall, Ray and Janet Brown, and residents of the nearby Spring Creek mobile home park, say the site poses a health risk.
Attorney Brian Schmidt, who represents the Browns, wrote a letter to Henderson County Commissioners late last month, claiming “… The manner in which the county is dumping these materials has created a substantial health and safety risk that threatens to become a liability to the taxpayers of Henderson County.”
Schmidt said the pile poses a danger to children who might try climbing on it, and is a health danger through possibly contaminated dust that flies around the area.
Precinct 1 Commissioner Joe Hall contends the site is not a danger, and said the material brings a significant benefit to the county’s taxpayers. Hall said the material – obtained for free – is used in a number of applications and can be ground up to be used as road base.
The county is looking for property to store this sort of material, but at press time Tuesday, a new location had not been found.
So the two sides remain at an impasse.
But there is a third side to the issue – Malakoff City Ordinance 102. During the March 26 city council meeting, Schmidt asked the city to step into the dispute by enforcing the ordinance.
The purpose of the ordinance is to declare it illegal to “… permit, allow, create or continue any act, condition or thing within the city which endangers the public peace, property, health and safety of the citizens of the city, or which is detrimental to the appearance of the city …”
Specifically, in Paragraph IV, the ordinance reads: “It shall be unlawful for any person, firm or corporation to leave, store or deposit any building material (new or used), lumber, brick, gravel, sand or dirt on any lot or lots or yard or other property in the City of Malakoff, Texas, except during such reasonable time as a house or structure is under actual construction and except for dirt and sand being used by the occupant of a home on such property for leveling or grading purposes.”
Schmidt contends the county is in violation of the ordinance, based on Paragraph IV.
According to the official minutes of the March 26 meeting, the city’s own attorney, Hank Skelton, seemed to agree.
“Mr. Skelton recommended that the City of Malakoff put the safety and wellbeing of the citizens of the City of Malakoff at top priority, and the County should comply with the City Ordinance number 102, and be removed,” the minutes read.
Henderson County Attorney Clint Davis disagrees.
According to the minutes, Davis said, the ordinance does not apply to the county because the county is not a “person, firm or corporation.”
“In each place, the ordinance says ‘person, firm or corporation.’ The county is not a person, firm or corporation; it is a governmental entity, a political subdivision,” Davis explained. “Based on the plain language of the ordinance, I don’t think it applies to the government.”
Davis added that he didn’t think the ordinance was ever meant to be used the way Schmidt hopes it will be used. He pointed out that most of the ordinance deals with issues such as weeds, trash, brush and junk.
“Clearly, the intent of the ordinance was to go after individuals and properties that are neglected and in disrepair,” he said, “not to go after the county.”
Schmidt this week said the county was looking to benefit from a double standard.
“It seems strange to me that a county which spends many thousands of dollars every year enforcing public nuisance laws would tell the City of Malakoff that it doesn’t intend to honor the Malakoff city ordinance on public nuisances,” he said. “It doesn’t set a very good example for the people that Henderson County prosecutes for public nuisances, and, frankly, doesn’t seem very neighborly.”
There is also an issue with how the ordinance has been enforced in the past. County officials say if the Precinct 1 site is breaking the ordinance, then several other sites in the city, both professional and personal, are doing the same.
The City of Malakoff itself sometimes keeps piles of material on its property. County officials said if Precinct 1 is breaking the ordinance, then so is the city.
Both Davis and Schmidt are waiting for the city to pick a side.
“We aren’t asking the city to go out and start writing county commissioners nuisance citations,” Schmidt said. “At this point, we are just asking them to take their lawyer’s advice, and request that the county honor the ordinance.”
Davis said he wants the city to make some determination regarding the ordinance and the county site.
However, the city hadn’t done that.
According to the minutes from the March 26 meeting, the council tabled any action and asked Skelton to meet with representatives from the county and the city to try and come up with a solution.
City officials report the issue is still in the hands of the attorneys.

Mabank approves tattoo parlor to relocate
By Barbara Gartman
Monitor Staff Writer
MABANK–Tuesday, Veronica Lamb asked the city of Mabank to approve the location of a tattoo parlor in the city of Mabank.
The vote was 4-1, with councilman Roland (Midge) Odom casting a definite opposing vote.
Lamb is the owner of A Tattoo Clinic in Gun Barrel City, where she said she has been successful.
However, she lives in Prairieville and Mabank is more convenient for her.
The Mabank City Council approved the parlor once before, but Lamb and her husband, Lonnie, opened a shop in Gun Barrel City instead.
Lonnie assured the council the business was clean, and used sterilized equipment.
The new shop will be located at 501 N. 3rd Street.
Hours will be 2 to 10 p.m. Monday through Thursday, and 3 p.m. to midnight Friday and Saturday.
In other business, council members:
• approved a 90-day stay of demolition for the building at 105 N. 3rd Street.
Owner Gordon Forester asked the council for an extension to find a contractor, who can demolish the building without damaging the attached building owned by Roger Barker, I Buy Trains.
Barker told the council he wants a certificate of insurance, 30 days notification (before demolition) and wants his own roofing contractor to cut the roofing flashing that attaches the buildings.
• reassigned the city’s trash service from Nature Calls to IESI Texas Corporation, who is purchasing the former service.
The current contract with Nature Calls expires Dec. 31, 2011.
The new company will perform the same services on the same days, the council was told.
• agreed to the installation of lights at South Second Street, in the Gardens of Mabank.
Oncor will do the install at no cost to the city, while the city pays the monthly utility costs.
“It is dark down there,” councilwoman Shannon Steakley agreed, citing her tour of the area after sundown.
• approved updating the city water conservation plan, as directed by the state.
• heard reports presented by the city departments.

Gartman earns Eagle Scout
Special to The Monitor
ARLINGTON–Matthew David Gartman, 18, of Arlington, achieved the rank of Eagle Scout and was honored at the Boy Scout Troop 88 National Court of Honor May 13.
His Scoutmaster referred to him as a “gentle giant,” as he praised his ability to relate to younger Scouts and his peers, as well as his many accomplishments in scouting.
Gartman held six Scout ranks and earned 28 merit badges. His Eagle Scout project involved the building of a deck and handicap ramp.
His special awards include Arrow of Light, Honor Patrol Member and World Conservation.
He is the son of David and Tracey Gartman of Arlington and the grandson of Mary Dowding, Arlington, and Glenn and Barbara Gartman of Beautiful Acres.
Matthew is a 2009 honors graduate from Mansfield High School. His goal is to teach physics.