February 23, 2024 - The Shelby County Commissioners agreed on a plan to close a road for repairs, and also discussed during their Wednesday, February 21, 2024, meeting a desire for constables to turn in racial profiling reports.
Ann Blackwell, County Treasurer, explained details of some items included in the weekly expenses relating to Paxton Water Supply and funds meant for law enforcement.
“We took care of a couple more bills for the Jackson Well, the Paxton Water Supply, so that just leaves the fence and we will be completed with that project,” said Ann Blackwell, County Treasurer. “Every year the law enforcement gets LEOs grant money and it all comes direct deposit to the general fund account. So, I always write a check back to the Sheriff's Department to put in their education fund so they can track it separately.”
County Judge Allison Harbison confirmed the vehicle for Constable Taylor Fanguy has been purchased.
“The time frame is so long to get it outfitted. We just went ahead and purchased the vehicle, and then whenever the parts, everything to outfit it comes in to Cab Fleet, they're going to ship it to us and Del [Birdwell]’s going to install,” said Blackwell.
Commissioner Stevie Smith moved to pay the weekly expenses, the motion was seconded by Commissioner Tom Bellmyer, and the motion carried.
The commissioners discussed a road closure on County Road 4059 from FM 1645 to County Road 4020 for the purpose of removing a culvert and building a bridge. Commissioner Bellmyer addressed the court and expects the project to take a minimum of two weeks.
“12, 13 years ago from what I understand, there used to be a bridge there and the oil field came in about that time and added some oil field locations beyond this and they tore the bridge out and put this culvert in and like all of the large diameter culverts that are galvanized, it's rusted away and the bottom's collapsing in it and it's... it's got a lot of truck traffic over right now,” said Commissioner Bellmyer.
Commissioner Bellmyer shared he didn't really want to change the culvert and it's not been on his current schedule, but after the rains that Shelby County had the last couple of weeks it's deteriorated quickly.
According to Bellmyer, Sanders Creek Bridge Construction will be able to mobilize week after next, and the commissioner and his crew will take next week starting February 26 and actually perform the demolition and pre work
Commissioner Bellmyer said he would be informing the United State Postal Service mail delivery and Timpson ISD for any adjustments they may need to make for student transport.
Commissioner Bellmyer moved to make the community aware of the fact that they’re going to close that road between those two locations as aforementioned and will keep the community and the court addressed of the delay if there is one, the motion was seconded by Commissioner Jimmy Lout and it carried.
Bellmyer then presented his interest in the purchase of a truck, referencing Local Government Code 262.0225, subsection D and Local Government Code 262.0245.
Referencing previous approval from the court to purchase a truck, Bellmyer stated he and Treasurer Blackwell utilized the buyboard, found a vehicle he wanted to buy, and it resulted in a possible truck that wasn’t even the kind he wanted with a nine-month delivery time.
“I went to the four local dealerships in Shelby County. The two GM dealerships, the GMC and the Chevrolet dealership, both declined to submit a quote on the truck because neither one of them can sell that truck. It's a 4500 series or with Ford it’s a 450 series,” said Bellmyer.
Commissioner Bellmyer said he did get two quotes from the local Ford dealership, and one quote from the local Dodge dealership.
“The reason that I cited this out of the local government codes. It's pretty clear from the code that if you have done your due diligence and get no responses back then we can go sort of the route that I've gone that we can go to a sole source,” said Commissioner Bellmyer.
He related that the Ford dealership bid the truck he requested, and also had a truck on their lot that was a 2023 550 model. Bellmyer understood the 550 to be a savings over the 450 model.
“I think the ARPA funds is somewhat difficult to deal with because I don't know that they really identify this process that I'm proposing, even though the state of Texas does,” said Bellmyer. “So, instead of using ARPA funds what I'm going to ask the court is that I just go out and borrow the money and buy the truck myself.”
Blackwell described some of the complicated sounding process involving all of the necessary paperwork and did say there was a meeting set with the GrantWorks agent in the coming week, but that he could do what he wants to do.
Bellmyer referenced that there have been other projects that it seemed fell by the wayside, like Huber Water Well, and then that the truck isn’t in one piece as after buying the chassis then he would need to buy the bed for the truck.
“I don't have a problem personally with the precinct just going to buy a truck because then I can buy a truck and I can get the bed that I want done,” said Bellmyer. “I can do some things and then figure out how much money I've spent and then I'll go out and borrow the money and take it out on one of my accounts.”
Discussion continued on what options are available for purchasing the truck and a motion was made by Commissioner Bellmyer to table the discussion and the motion was seconded by Commissioner Stevie, and the motion carried.
The commissioners were presented with a racial profiling report for the Constable Precinct 4 office and that turned into a discussion over whether or not all constables in the county should be turning the same report in to the county.
Commissioner Bellmyer started off the discussion with his inquiry, “I have just a question. I know last week we got a racial profiling report from the [Sheriff’s Office] and I know in the past that Constable from precinct four has done, and I know with some history about Tenaha, is that the only constable that's required to do racial profiling reports?”
Judge Harbison remarked that was a good question, and Bellmyer stated he didn't recall that he’s seen others from law enforcement.
District Attorney Karren Price happened to be in the courtroom and Judge Harbison asked for her opinion relating to Bellmyer’s question about racial profiling reports.
“They're all supposed to,” said Price.
Bellmyer further stated, “As a member of the court, I'd like to see a racial profile and report from our other constables within the next 30 days, if that's a request that could be made.”
Price stated her racial profiling report is filed with the Attorney General's office, and it is on file.
“I don't know about that, that’s a county attorney question I’m afraid, but yeah, they’re all supposed to file one,” said Price.
John Price, County Attorney, concurred with DA Price’s statement.
Ruth Gonzales, Sheriff’s Department Chief Deputy, followed up with additional information about racial profiling reports.
“I just want to say by state requirements, all departments, law enforcement departments are supposed to file before March 1st, I believe,” said Gonzales. “These guys (constables) only have, they can file exempt, and they can present that to y'all, which that's what I'm aware of that they file exempt and they just say they don't work traffic and that's all they have to do.”
Judge Harbison said they still need to file that exempt report and she and CA Price would reach out to the constables.
Commissioner Bellmyer moved to approve the Constable Precinct 4 racial profiling report, the motion was seconded by Commissioner Roscoe McSwain, and the motion carried.
The commissioners discussed the emergency lighting for the county courthouse that was not included in the original quote for lighting in the courthouse, which was recently replaced.
“This was evidently left off of 4C, but the the lighting in the stairwells is out and I think those are supposed to be replaced every couple of years,” said Judge Harbison. “I didn't realize that they were all totally out until the electricity was out here while back, and it is dark.”
Judge Harbison said there were plans to add new lights to the foyer of the courthouse; however, the new lighting has already improved that area greatly.
According to Judge Harbison, the quote that’s been provided for the emergency lighting is $11,928.
Clint Porterfield, County Auditor, had a question relating to pricing, “This is a question from curiosity, this quote is 52% of the original quote, which was $23,000. The original quote of $23,000 replaced 224 fixtures, which is an average of about $120. This is only 17 fixtures for 52% of that same amount, which is almost a little over $700 a fixture. Do we know why?”
Judge Harbison agreed that she was very surprised by the cost when she received the quote on the previous week. She recommended tabling the item for more information.
A motion by Commissioner McSwain to table the issue was seconded by Commissioner Jimmy Lout, and the motion carried.
The meeting was adjourned.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Closure of CR 4059 for repairs starting Monday Feb 26, 2024. 3. Record Racial Profiling Report for Shelby County Constable. Pct 4. 4. Adjourn Agenda items tabled during the meeting include: 1. Commissioner Pct 4 to discuss the purchase of a truck, referencing Local Government Code 262.0225, subsection D and Local Government Code 262.0245. 2. Discuss and possibly approve additional and emergency lighting for the County Courthouse that was not included in the original quote.
