Commissioners Hear Update on Dam Emergency Plan; Courthouse Grounds Upkeep

Daniel O'Rear, Shelby County Juvenile Probation, informed the Shelby County Comissioners of grant funding probation is eligible to receive.

February 27, 2017 - NRCS District Conservationists Janet Ritter and Mark Lowery reported a yearly update to the Shelby County Commissioners' Court on the Attoyac Bayou WS SCS Site 12 Dam Emergency Action Plan at their recent meeting held on Monday, February 27, 2017.

Lowery explained the emergency action plan is for the flood control structure at the intersection of FM 138 and FM 415. The structure was built in 1976, and is a compacted earthfill dam on Stockman Creek. According to Lowery there are six such structures strategically placed throughout the county.

"This one specifically, a couple of years ago they did a review, and they found out there's, I believe, a store and a house downstream so if the dam was to breach it would potentially cause some kind of economic loss," said Lowery.

Mark Lowery

The plan which was presented has been developed by TCEQ (Texas Commission on Environmental Quality) providing a step-by-step guide of what to do should such a breach occur.

"Each year they ask us to look over it, update it, make sure all of the county officials on it are correct, all of the contact information is correct. So this is just an annual update," said Lowery.

The definition by TCEQ standards is a loss of human life is possible 1 in 6 lives or one or two habitable structures in the breach area and damage to secondary hideaways as designated by Texas Department of Transportation.

A motion carried to approve the emergency action plan.

Roy Cheatwood, Precinct 3 Constable, submitted several expenses to the county for reimbursement which according to Allison Harbison, Shelby County Judge, relate to his constable certification and schooling. Judge Harbison informed the commissioners Cheatwood has funds in his travel budget, which she informed Constable Cheatwood if the money is moved from his travel budget it will decrease.

Charles Barr, Commissioner Precinct 3, questioned the inclusion of clothes in the collection of bills and Judge Harbison explained it is her understanding it is mandatory during training for students to wear a uniform while they attend class and that is for what the clothing was purchased.

According to information Judge Harbison received from an attorney with the Commissioners and County Judges Association, the constable may use any item that is presently included in his budget for his training. He went on to state; however, under local government code 152, a commissioners court cannot change the allowances for an elected officer during the fiscal year.

"That means we can't give him anymore money, but it's possible that he could use all of his budget for training," said Judge Harbison.

Roscoe McSwain, Commissioner Precinct 1, interjected TCLEOSE funds could only be utilized by a certified peace officer.

"It's only for education fund account for expenses related to continuing educations of persons licensed under this chapter, which is a licensed peace officer," said Judge Harbison.

McSwain was not in favor of the county purchasing uniforms for the purpose of an individual who is attending school, "I don't think the county at this point has a precedent where they pay for people's uniforms to go to school, first of all. Second of all, I would have gotten certified last year before I took office and at this point in time like you say, we cannot affect a change to his travel expenses or his fuel for his vehicle, because he's done getting that benefit from the county. I just don't feel like it's the county's responsibility to pay for his clothes."

Clint Porterfield, Shelby County Auditor, stated it is not out of the ordinarily for the county to purchase uniforms for law enforcement officers as has been demonstrated in previous purchases for deputies with the sheriff's department.

"The items that come into question are those items of which you would buy that are apparel you could wear anywhere. Usually a uniform has some sort of emblem, a name. It's not something that you would wear on your off time to a personal event," said Porterfield.

An exception Porterfield remarked on is footwear, which he stated is not normally included in what is purchased for a uniform.

"If we were to pay for this, would you want to make a stipulation that there has to be a verification of certification before you make the reimbursement," said Porterfield.

McSwain stated he looks at the sheriff's department differently because those officers are hired, have a boss to work directly under and have a dress code to which they have to adhere, "A constable wears whatever he pleases."

Porterfield remarked some of the items offered for reimbursement may be considered office supplies such as an RCA 7 Tablet. Judge Harbison said the Precinct 3 Constable office has $605.05 remaining in its general budget.

A motion carried to reimburse Constable Precinct 3 $81.38 (criminal law book and RCA Tablet).

Judge Harbison presented upkeep on the historical courthouse and grounds including trimming trees and repairing a sidewalk. She provided the commissioners with a list of work needing to be addressed around the courthouse. One tree beside the old County Clerk's building is actually pulling on the electrical connection going into the building.

"The Historical Commission came to me with this and we've asked the Chamber [of Commerce] if they might donate, maybe give $500 toward this since it's their yard too," said Judge Harbison. "The Historical Commission, we've asked them to give some also on it, just to have it a community project."

There are two sidewalks Judge Harbison remarked are dangerous and a quote for $1,550 from Norris Daniel Construction has been received to make the needed repairs. Some of the work will be done near the Daughters of the Republic of Texas building as there have been incidents at that location in the past.

A quote presented by David Chandler for $3,950 was to remove the leaning oak tree by the old County Clerk's building and do a great deal of trimming and shaping around the property, as well as remove debris.

Judge Harbison said the Historical Commission is planning a fundraiser to help pull funds together to restore the old bandstand on the square so events can be held there.

Judge Harbison said she looks forward to partnering with the city to pressure wash the sidewalks around the courthouse after the tree work is completed.

A motion carried to approve the sidewalk work and the tree and brush work.

Daniel O'Rear, representing Shelby County Juvenile Probation, presented the commissioners with a contract for grant funding, which has already been submitted.

"We need y'all to recognize the grant income and record it in our budget. It's gonna be $8,928 we're going to use all of that for counseling and psychological services," said O'Rear.

A motion carried approving the Grant R funds in the amount of $8,928.

The meeting was adjourned at 10:10am.

Agenda items approved during the meeting include:
1. Pay monthly expenses
2. New personnel policy.
3. Emergency Action Plan for Shelby County.
4. Reimburse Constable Precinct 3 $81.38.
5. Upkeep on the Historical Court House grounds by trimming trees ($3,950), and repairing a sidewalk ($1,550).
6. Recognize grant income ($8,928) and adjust budget accordingly for Juvenile Probation.

Agenda items tabled during the meeting include:
1. 2017 DOT Drug Testing Agreement with Compliance Management, LLC.