Commissioners' Court Vets Courthouse Security, Energy Audit; Hears Complaint

September 13, 2017 - With all Commissioners and County Judge present, a Commissioners' Court meeting Monday, September 11, 2017 vetted county business including courthouse security and a possible energy audit. The court also heard from a Precinct 4 citizen concerning needed repairs to CR 4840.

Shelby County Judge Allison Harbison invited Mac Warren, a member of the audience, to give an invocation which was followed by the Pledge of Allegiance to the American and the Texas flags.

Discussion included placing a Courthouse Security monitor in the foyer, Judge Harbison said, "We had discussed this awhile back and kind of ran out of money in my budget for making improvements. Hopefully, in October we will work on some additional courthouse security but I just think it would be better if we are going to have a guard at the door that they have the monitor there to see what's going on." She continued, "What I propose is that an additional [monitor] to be out there and to move courthouse security out to the front, to the front counter."

Clint Porterfield, County Auditor, advised there were funds available in the Courthouse Security account to finance the expenditure. A motion was made and carried to install an additional security monitor in the front foyer with the funds coming out of the Courthouse Security account.

Janitorial services were on the agenda again for more discussion. Three bids were received which were from Joyce K. Horton, Angela Raybon, and Jo Stone. The discussion was whether to continue contracting the service or to hire an employee.

Porterfield advised new employee expenses would be approximately $6,700 per year for health insurance, retirement match is 7% which would be another $1,800 - $2,000 depending on pay, plus unemployment, life insurance, and worker's compensation. The total new employee expense would be around $9,000 plus the salary.

Judge Harbison also advised that if the county goes the route of hiring an employee versus having a contract for janitorial services, the county would be responsible for purchasing all of the supplies which in the past have been provided by the contractor. The county would also have to advertise for the position.

Commissioner Pct 4 Charles Barr responded, "I tend to lean toward having our own employee because otherwise, reading this contract, our services include this, this, and this, so on and so forth, when we really need to determine what those jobs are. I lean in that direction, I don't know how the other Commissioners feel, I'm kind of leaning in that direction."

Commissioners were presented the option to make a short contract agreement of 90 days for the time being and not to renew the full 1-year term until it can be decided to continue contracting the service or to hire an employee. Commissioners chose to table the item on Janitorial Services.

A presentation was made by Steve Smelley with the Way Companies regarding Energy Sustainability of county buildings. Smelley spoke, "We are a hundred year old company, privately held, and what we do and how we do it works. If you will look at counties across the state of Texas, building infrastructure is 50 years or older, most of your infrastructure is at the end of its life cycle. You have very high operating costs." He continued to talk about high operating costs and estimated what the outcome would be if the county followed through, "We are able to capture 20% to 40% of what you are spending on your utility spend and able to reinvest that back into your infrastructure." He stated the county is protected under Government Code section 302 (Energy Savings Performance Contracts for Local Governments.)

A heated discussion ensued concerning how the program works and what it would obligate the county to pay in the future if the county gave authorization to the company to perform an Energy Audit of the county buildings and present an action plan of their findings back to Commissioners' Court. Smelley said, "All I'm asking today is that you authorize the judge to sign my action plan which allows me to perform this audit for you at no charge to the county and we'll get that done and I've got all the dates here and I should be back in front of you with a November time frame."

Commissioner Pct 1 Roscoe McSwain asked, "Essentially, what you are talking about, the savings will come from the electrical bill?" and Smelley replied it would come from gas, water, and electric.

County Attorney Gary Rholes questioned the procedure and requested to see a contract before the county signed anything. McSwain expressed concerns about how the process will be paid for and if the results of the audit obligates the county to a future bill.

Following a long discussion, Commissioner Pct 3 Charles Barr made a motion to approve the authorization for the Energy Audit. County Judge Allison seconded the motion after no other Commissioners spoke. Upon voting, Commissioners McSwain, Jimmy Lout, and Bradley Allen voted against the motion and it failed.

Tonia Epperson addressed the court regarding her mother's road, CR 4840 also known as Prairie Street, which is in Pct 4, Commissioner Allen's precinct. After passing out a map, Epperson spoke on behalf of her mom, Betty Crump, who lives on the road, "She had numerous times asked Mr. Allen about a creek that crosses in front of her driveway to maintain that. He has stated to her just recently that it was not in the county, it belonged to the city and that he was not going to fix it." She presented evidence showing the section of the roadway where the creek is located is in the county and the court agreed it was in the county.

Allen argued he didn't say it wasn't in the county but that a large majority of the road wasn't in the county. A lively discussion ensued between Epperson and Allen concerning when the area of the driveway became part of the county. He advised he felt the problem was her driveway culvert, "Her problem is her driveway culvert. I've carried Commissioners (Charles Barr) out there and we looked at it. It's undermined, it needs to be tore out, and a new one put in."

"We can put a culvert in where the creek is. It may give you enough to turn out but it's not going to address your water problems," continued Allen.

"The problem is that when those culverts (across the roadway) were originally put in the road was wider on each side because the road came to the edge of those culverts. As it has washed, [the road] has narrowed and narrowed and narrowed so that you have this much culvert on each end sticking out because there is no retaining wall, there is nothing that is there to hold the material onto the top of the culverts. That road does get under water. That is why..." said Epperson. Allen interjected, "and it is going to continue doing so." Epperson understood the area will continue to have water issues but she felt if the side of the culvert was cleaned out it would help.

Allen advised he has plans to replace that culvert and already has it ordered but he could not say the exact day when the culvert would be put in. He would be replacing the two culverts which currently run across the road with a larger culvert. Epperson said thank you and expressed appreciation for the Commissioners' time.

Items approved in the meeting:
1. Minutes of the August 7, 2017 Budget Workshop, August 14, 2017 Regular meeting, the August 14, 2017 Budget Workshop, August 28, Special meeting, and August 31, 2017 Special meeting, of the Shelby County Commissioners’ Court
2. Payment of weekly expenses
3. Officers' report: (See below Ann Blackwell report)
5. 2018 Holiday Schedule: New Year's Day (Mon., Jan. 1st), Martin Luther King Jr. Day (Mon., Jan 15th), President's Day (Mon., Feb. 19th), Good Friday (Fri., March 30th), Memorial Day (Mon., May 28th), Independence Day (Wed., July 4th), Labor Day (Mon., Sept. 3rd), Columbus Day (Mon., Oct. 8th), Veterans' Day (Mon., Nov. 12th), Thanksgiving Holidays (Thurs., Nov. 22; Fri., Nov. 23), Christmas Holiday (Mon., Dec. 24th; Tues., Dec. 25th; Wed., Dec. 26th)
6. Placing Courthouse Security monitor in the foyer
7. Sheriff's and Constables fees for 2018
10. Approved the County Auditor to conduct audit of District Attorney Forfeiture/Seizure funds per code of criminal procedure 59.06(g).

Items tabled for another meeting:
8. Discuss and possibly take action on Janitorial Services.

Ann Blackwell, County Treasurer, presented her financial report as follows:

Debra Riley, Tax Assessor Collector - Total of $121,522.13
     Property Collections $90,830.66
     Motor Vehicles $30,691.47
Jennifer Fountain, County Clerk - $36,182.71
Lori Oliver, District Clerk - $17,111.45
Melissa Crouch, JP 1 - $7,385
Marla Denby, JP 2 - $943
Margie Anderson, JP 3 - $11,475
Jenny Hicks, JP 4 - $2,416
Mike Crouch, JP 5 - $3,036
Total fees office collections - $200,071.29

Zack Warr, Constable 1 - $1,008
Jamie Hagler, Constable 2 - $90
Robert Hairgrove, Constable 5 - $180

Investments earned a total $1,062.81 bringing the total value of investments to $1,792,838.51 for certificates of deposit and investments. Interest earned on interest bearing checking accounts was $740.09.