August 2, 2023 - The Shelby County Commissioners approved the hiring of a deputy for the Constable Precinct 5 office during their meeting held July 26, 2023.
Following an executive session which they went into immediately after 9:30am, the commissioners returned to open session after the hour long closed session.
Roscoe McSwain, Commissioner Precinct 1, moved to allow Constable Josh Tipton to move forward with the employment of Travis Allen Vaughn at a starting salary matching that of a Sheriff’s Department deputy salary, with no overtime pay, any overtime will be compensated through comp time and date of hire is tentatively August 2, 2023. Tom Bellmyer, Commissioner Precinct 4, move to second McSwain’s motion and the motion carried.
The commissioners met during executive session with their legal counsel, Reed Martin, representing them in ongoing opioid litigation and discussed authorizing the County Judge to execute the settlement participation and release forms regarding settlement offers from Walgreens, CVS, and Walmart in the matter of Texas Opioid multi-district litigation for the County in the matter of County of Shelby vs. Purdue Pharma, L.P.et al.
John Price, County Attorney, said the total amount the county is to receive is $77,622.81 paid over terms which vary over the different pharmacy companies.
The statewide opioid settlement amount collectively is $706,146,640.02 and Walgreens will pay theirs over 15 years; CVS will pay theirs over 10 years; and Walmart will pay theirs over six years. The total direct funds from Walgreens are calculated to be $31,895.63; CVS funds are calculated to be $29,301.22; and Walmart funds re calculated to be $16,425.96.
A motion by Stevie Smith, Commissioner Precinct 3, was seconded by Commissioner Bellmyer to approve the settlement and authorize the County Judge to sign the paperwork and the motion carried.
The commissioners considered the disbursement of the Family Protection Fund and Commissioner McSwain moved to disburse Fund 79 in the amount of $5,627.97 at 60% to the Shelby County Children’s Advocacy Center; 20% to Pineywoods Family Outreach; and 20% to CASA of Deep East Texas. Jimmy Lout, Commissioner Precinct 2, provided a second and the motion carried.
The commissioners considered a three-year lease contract with KnowInk for the Election Administration office for 30 iPads at a cost of $9,858. Commissioner Bellmyer moved to enter into the contract with KnowInk and Commissioner McSwain seconded the motion, which carried.
A Cap Fleet Buyboard quote to outfit the vehicle purchased for Constable Precinct 4 was discussed among the court, and Judge Allison Harbison explained GM designated 500 Tahoes to Cap Fleet, which were to have at least $15,000 worth of equipment on them for the use of law enforcement, and the vehicle being discussed is one of those 500.
Judge Harbison said, in doing research the vehicle is determined to be a 2023 which cannot be purchased outside of the program. As a result, the only alternative would be a 2024 model, and those cost $7,000 more.
Commissioner Bellmyer moved to approve the quote from Cap Fleet on the automobile and equipment, Commissioner Smith seconded the motion, and the motion carried.
Commissary Services Agreement between Shelby County and CTC Commissary, LLC were considered by the commissioners and Shelby County Sheriff Chief Ruth Gonzales explained the contract is a trial for 180 days, and the county can back out of the contract if they so desire at that time. The company would handle money that is deposited for inmates for commissary and would eliminate the jail having to keep track of the funds.
Ann Blackwell, County Treasurer, interjected and commented the Sheriff’s Department has previously had a system like the one being considered and that it worked well. She said the best part of a program like it is the county no longer hands checks to inmates and instead gives them a debit card with their remaining balance, which helps the county to close those accounts and not wait on the check to clear.
Blackwell encouraged trying the new company out as the county’s previous experience with Keefe Group, the previous company that handled commissary, had been good.
Commissioner Bellmyer moved to approve the contract with CTC Commissary, LLC for the trial period, and Commissioner Smith gave a second. The motion carried.
The commissioners discussed sealed bids that were opened on May 24 on a 2012 through 2022 Truck Tractor tandem-axle 400 plus HP in good condition used or new for Commissioner Pct. 3. Commissioner Smith moved to reject both bids being considered and Commissioner McSwain provided a second, and the motion carried.
Judge Harbison said she spoke with Sheriff Kevin Windham, and he was in favor of the commissioners considering the Sheriff’s Department allocating one or two of their open positions to the jail, to work as jailers and assist in getting the non-compliance issues corrected.
The Texas Commission on Jail Standards found the Shelby County Jail to be non-compliant in March 2023 regarding routine intervals of 30-minute and 60-minute checks that were being exceeded, and the jail has been working to get under control since that time.
Judge Harbison said there was a meeting included Lt. Chad Hooper, Capt. DJ Dickerson, and Leah Chase about the compliance issues.
“We’ve got to get the non-compliance fixed and [Chief Gonzales] has been working on this,” said Judge Harbison.
Judge Harbison said Gonzales feels it would be beneficial to have two more full-time jailers to strictly make sure all of the rules and regulations are enforced on cell checks and things of that nature. With five or six open deputy positions at this time, the county has some flexibility in utilizing the funds for those positions in the jail for the time being.
During discussion, Chief Gonzales revealed a new Jail Administrator has been hired and his name is John Mills, who has been Sergeant, and he is being given 90 days.
Commissioner McSwain moved to allocate funds for two deputy positions to jailer positions, Commissioner Bellmyer seconded the motion and it carried.
The meeting adjourned at 11:25am.
Agenda items approved during the meeting include: 1. Allow Constable Josh Tipton to move forward with the employment of Travis Allen Vaughn at a starting salary matching that of a Sheriff’s Department deputy salary, with no overtime pay, any overtime will be compensated through comp time and date of hire is tentatively August 2, 2023. 2. Pay weekly expenses, with the exception of two invoices for fuel Commissioners McSwain and Bellmyer paid for using their county credit cards and thusly negating any need for reimbursement. 3. Current payroll. 4. Authorize the County Judge to execute the Settlement participation and release forms regarding settlement offers from Walgreens, CVS, and Walmart in the matter of Texas Opioid multi-district litigation for the County in the matter of County of Shelby vs. Purdue Pharma, L.P.et al. 5. Disburse Fund 79 – Family Protection Fund in the amount of $5,627.97 at 60% to the Shelby County Children’s Advocacy Center; 20% to Pineywoods Family Outreach; and 20% to CASA of Deep East Texas.. 6. Three-year lease contract with KnowInk for the Election Administration office for iPads. 7. Cap Fleet Buyboard quote to outfit the vehicle purchased for Constable Precinct 4. 8. Commissary Services Agreement between Shelby County and CTC Commissary, LLC for a trial period. 9. Void the PurpleWave auction contract to sell a Pct. 1 Cat Maintainer which was approved on July 12, 2023. 10. Commissioner Pct. 3 to auction off a Volvo 950 Motor Grader Maintainer Serial # 40518 on PurpleWave. 11. Ratify the Order of Outdoor Burning County Wide. 12. Sheriff’s office to auction off a 2012 Sierra Travel Trailer (VIN 4X4FSEK21CJ036532), 2008 Crown Vic (2FAFP71V28X180691), and 2008 Jeep Laredo (VIN 1J8GS48K68C109832) on PurpleWave. 13. Sealed bids that were opened on May 24th on a 2012 through 2022 Truck Tractor tandem-axle 400 plus HP in good condition used or new for Commissioner Pct. 3. 14. Allow the Sheriff’s office to allocate one or two of their open positions to the jail, to work as jailers and assist in getting the non-compliance issues corrected. 15. Accept the withdrawal of the bid from Donnie Fountain Construction for the Pct. 3 Road and Bridge Maintenance Barn. 16. Award bid to Cornerstone Manufacturing and Construction for the Pct. 3 Road and Bridge Barn in the amount of $170,908. 17. Go out for bids on new vehicles through BuyBoard for Constable Pct. 1, 2, and 3. 18. Adjourn at 11:26am.
