Commissioners Consider Closure to Portion of CR 2020

August 19, 2020 - The Shelby County Commissioners heard from citizens with concerns over illegal activities on CR 2020 and expressed a desire to close the roadway during their meeting held Wednesday August, 12, 2020.

Larry Warren, who resides on CR 2010, said he has one neighbor named Claudus Lathan who said he has been trying to get CR 2020 closed for four years.

Another neighbor of Warren, Eltroy McCowin said he isn't in favor of the closure.

Warren shared some events that have occurred on CR 2020, which don't put the road in a good light. The first he mentioned was a Center Police Department pursuit in September 2014 that ended on that road. 

Due to the extensive dumping in that area in 2014, then Shelby County Judge Rick Campbell got someone with a trackhoe to go out and clean up the area.

Warren said there were cameras installed in that spot to help catch some of the illegal dumping.

"The Sheriff told me, he said they stole the cameras on the ground and shot the cameras in the trees," said Warren.

The body of a man was also dumped on CR 2020 in November 2019, and Warren remarked those responsible haven't yet been located.

Warren stated he doesn't want to offend his friend McCowin, and whatever the commissioners decide will suit him.

Judge Allison Harbison said she had a phone call from Emma Dock, who resides on CR 2020.

"She had some concerns because I believe there's like three ways into her property, and she said two of the ways sometimes flood and that would be the only way for her to get out," said Judge Harbison.

Jimmy Lout, Commissioner for Precinct 2, said he had visited Dock to speak with her about the road.

"I went to her and told her that I would put a gate up there if it went through court and I'd give her a key," said Lout. "She finally told me to do what I had to do. She knew about the body, she knows it's a drug road."

Lout showed Judge Harbison on a map where the gates he has planned would be installed on CR 2020. He indicated two places on the road where there is a lot of trash dumped daily.

The proposed area to be closed would be six tenths of a mile, and the length of the road is 1.1 miles.

"Where I'm going to put the gates includes all the houses on that road. The rest of that road hasn't got any houses on it," said Lout. "And it's nothing but garbage."

Lout said he thought it best to close the road.

"I'm going to give the two houses at each end keys to the gates and then the landowners keys to the gates too," said Lout.

Judge Harbison asked who owns the land on either side of the roadway and Lout said East Texas Asphalt, Hawkeye Hunting Club and Claudus Lathan.

In its current state the road is very passable, according to Lout, and upon Judge Harbison asking if he would be maintaining the road, he said he wouldn't and he has installed large pipe culverts in the road.

"What makes me really mad, every precinct's has got a dumpster. They can take it to it, but they don't do it," said Lout.

Commissioner Lout moved to close 6 tenths of a mile of the road and Charles Barr, Commissioner Precinct 3, seconded his motion. 

Roscoe McSwain, Commissioner Precinct 1, stated there has to be a full consensus of the court to close the road and with one commissioner being absent for the meeting he didn't think the court could move forward with the action.

In conversing with Gary Rholes, County Attorney, McSwain suggested making the road a class three road so it would only be maintained once a year and then gates could be placed and locked.

"I don't think we can lock it and let certain people use it and exclude everyone else," said Rholes. "Instead of closing it I would recommend that it be abandoned."

The original motion was set aside by Judge Harbison and a motion carried to table the road until the August 19 meeting.

(Related articles: Sheriff's Department Seeks Information on Price Homicide | Shelby County Judge Clears Illegal Dumping Site | Commissioners Discuss Need for District Clerk Staff Increase; Sheriff to Hire Seasonal Worker

A resolution was presented to the commissioners by a group of residents in the Paxton community who oppose a waste treatment facility being established in their community.

Spokesperson for the group, Terry Allen, addressed the court about their concerns.

"It has been a group effort of everyone involved in our community to get together, try to get the word out and all come together to oppose this terrible idea of placing this facility there," said Terry Allen.

He said one of the procedures the company seek approval for from the Railroad Commission is to go to a hearing even if the permit is administratively denied, and if those who oppose are not present for the hearing, Allen says the Railroad Commissioners can override their experts and allow the company to operate.

"That's why it's very important that we make our thinking known against this facility," said Allen.

Gary Rholes referenced a previous case, which will give the company grounds to engage in a lawsuit should they be denied once again.

A motion carried by the commissioners to approve the resolution.

The following is the wording of the document:

"Whereas, Shelby County Commissioners' Court has the responsibility of maintaining a healthy and safe environment for its citizens, to promote stable or increased property values, and protect and maintain Shelby County roads.

"And whereas, there exists a pending application from McBride Operating LLC for the operation and maintenance of a commercial stationary treatment facility and commercial disposal pit, to treat and permanently bury oilfield waste materials near the intersection of U.S. Highway 84 East and FM 699 in northern Shelby County near the community of Paxton.

"And whereas, this facility will on a daily basis accept, treat, and permanently bury tons of oil and gas waste.

"And whereas, if approved the facility will be located in an environmentally sensitive area containing wetlands on and near the site, shallow water bearing sands, excessive surface relief with slopes up to 15 percent in close proximity to streams, all of which contribute to potential surface and sub-surface water contamination.

"And whereas, the Railroad Commission of Texas administratively denied the initial application of McBride Operating LLC due to, at least in part, the unsuitability of the proposed location.

"And whereas, numerous landowners and concerned citizens have signed and submitted protest against granting authority of the proposed waste facility due to health, safety, pollution and land value concerns.

"And whereas, there exists too great of a potential for serious and long-lasting pollution to the waters of Shelby County."

Judge Harbison told a personal story relating to unfavorable circumstances involving property near her home, which was under similar threat.

"Shelby County is just not a great place for these, because we have so much water and so many creeks, and so many tributaries," said Judge Harbison.

Tom Bellmyer, Commissioner Precinct 4, was not present for the meeting and Judge Harbison said she believed he would be in favor of the action.

"He has personally offered to take his personal time to go to the commission to protest it," said Allen.

The commissioners approved the County Transportation Infrastructure Fund Grant Agreement between Shelby County and the State of Texas and Judge Harbison explained for the audience how that works.

Money provided through the fund is money the state has collected through oil and gas taxes. Shelby Country received funds six years ago and are set to receive more now.

"They've allocated so much money back to roads in counties that have oil and gas," said Judge Harbison. "Most every county in Texas has some form of oil and gas."

Each of the commissioners is expected to get around $115,000, according to Commissioner Barr.

A motion carried to approve the agreement.

The commissioners discussed setting a date for public hearing on the proposed tax rate and budget for FY2020-2021.

Judge Harbison stated there are no proposed increases in salary this year or supplies.

"Last years tax rate, is .7027 and the no new revenue tax rate came out to be .7187," said Debora Riley, Tax Assessor Collector. 

A motion carried to have the public hearing for the proposed tax rate on August 26, 2020 at 1:30pm.

The meeting was then adjourned.

Agenda items approved during the meeting include:
1. Minutes of the July 1, 2020 Special meeting, July 8, 2020 Regular meeting, July 15, 2020 Special meeting, July 22, 2020 Special meeting, July 29, 2020 Special meeting of the Shelby County Commissioner’s Court.

2. Pay weekly expenses.

3. Resolution regarding an Application for a permit to maintain and operate a Stationary Treatment Facility and Commercial Disposal Pit by McBride Operating, LLC.

4. County Transportation Infrastructure Fund Grant Agreement between Shelby County and the State of Texas acting by and through the Texas Department of Transportation.

5. Public hearing on the proposed Tax rate and proposed Budget for FY2020-2021.

6. Adjourn.

Agenda item tabled during the meeting included: 
1. Closure of CR 2020