County Partners with Center on Building Purchase; Allows Forfeiture Fund Salary Supplement

June 26, 2017 - Shelby County Judge Allison Harbison presented the commissioners with a proposal to partner with the city of Center for the purchase of a new building to house the radio systems for the county and city emergency services during their meeting Monday, June 26, 2017. The total price for the building is $5,380.08 and Judge Harbison stated the city has already agreed to pay for half of the cost of the building, leaving the county to make the difference of $2,690.04.

The current building is 8'x8' and is located on Riggs Street in Center. The new building would be 12'x12', totally self-contained including central air and heat. According to Judge Harbison, the power for the building is provided in such a way that if power supplied to the building ceases, a generator will engage to power the emergency radio equipment.

According to Judge Harbison, Center Police Chief Jim Albers contacted her a couple of years ago about the issue and they have been working on the project since that time. Judge Harbison informed the commissioners the use of the building is a long-standing agreement between the county and city; however, documentation to accompany that agreement has not been located. The county pays for the electricity supplied to the building.

"I think the city is trying to come up with some sort of mutual aid agreement on that," said Judge Harbison.

Judge Harbison said Center Fire Chief Keith Byndom agrees the building will be beneficial for several years to come.

A motion carried to partner with the city of Center in the purchase of the new building and for the purchasing funds to come from the contingency fund.

Stephen Shires, Shelby County District Attorney, spoke with the commissioners about using forfeiture funds to supplement the salary of a staff member.

Stephen Shires, Shelby County District Attorney.According to Stephen Shires, District Attorney, pursuant to Texas Code of Criminal Procedure, "One of the things that I am authorized to do is supplement folks in my office with money from the seizure fund; however, the Code of Criminal Procedure makes clear that I must seek and gain approval of that from this body (the commissioners)."

Shires told the commissioners his office staff works very hard and all the things they could do couldn't be accomplished without them and their job isn't a 9 to 5 job. Two employees at the District Attorney's office receive a supplement from the state to help pay their salary, and Shires explained that has been the case for a long time and he didn't want to divide that supplement to a third individual.

"Miss [Leanne] Nelson for the time being has been as y'all know as I sought approval from y'all, she has been helping me finish up my civil practice. As that is beginning to wind down, and hopefully will be wound down soon, that is going to leave her with a void because of everything, because she did take a pay cut when she came over," said Shires.

Shires explained the request is for what amounts to an additional $125 a week as long as the funds are available.

A motion carried to move forward with using the forfeiture funds as a salary supplement for Nelson effective on the day of the meeting as long as those funds are available. This was followed by another motion being carried to amend the forfeiture budget accordingly. According to Judge Harbison, with benefits it equates to $7,542.38.

Jheri-Lynn McSwain, Shelby County Extension Agent, and Mark Carpenter, horticulture consultant, addressed the commissioners about a 4-H Community Service Landscape project.

Jheri-Lynn McSwain, Shelby County Extension Agent, accompanied by Mark Carpenter, horticulture consultant, with The Lily Farm and Nursery spoke with the commissioners about a proposal for a 4-H Community Service Landscape Project for the historic courthouse.

McSwain said the courthouse is the only Irish "castle-style" courthouse in the United States, not only Texas, and it is something that needs to be preserved. She remarked the building is a tourist attraction and people who have attended the area for 4-H meetings have been desirous to tour the courthouse.

"The Judge and I had spoken earlier about a 4-H community service project, and every year we do a one day 4-H project where we give back to the community with 135 kids and it's always an amazing event and they love to do that," said McSwain.

McSwain said she partnered with Carpenter to put together a project with an attainable goal to work on the landscaping around the courthouse. She sought the first donation for the project from the Center Garden Club who donated a generous $500, and McSwain said the project will be at no cost to the county.

Beds will have to be prepped, mulch has been donated and soil and plants will be provided at a limited cost. McSwain said, the plan will be for the plants to be installed by October 1, 2017 to showcase during the Poultry Festival.

Through research conducted by McSwain, she was able to determine a variety of plants which were being used in East Texas during the late 1800s, because she did not want there to be very modern plants with a historical building.

Plants which have been chosen for the project included Black Diamond Crape Myrtle, Red Knock-out Roses, Chinese Fringe Flower, Sunshine Ligustrum, Day Lily, and Purple Clematis Vine.

Colleen Doggett drew the attention of speakers McSwain and Carpenter to express her opinion on the desires of the Shelby County Historical Commission.

Colleen Doggett, who stated she was speaking on behalf of the Shelby County Historical Commission (SCHC), asked McSwain and Carpenter if the chosen plants are Texas native plants because she said that is what the commission wants on the courthouse grounds by way of trees and plants. She said Tim Morrison, SCHC Grounds Chairman, should have input for the project. Judge Harbison said she would speak to Morrison.

Carpenter stated the chosen plants are not all native to Texas. McSwain said they did select plants that have been grown in East Texas in the 1800s and they did not bring anything exotic in as their goal is to keep with the historical aspect of the courthouse its beauty.

A motion carried to accept the donation and move on with the project.

The commissioners approved the DETCOG Regional Mutual Aid agreement. Allison Harbison, Shelby County Judge, informed the commissioners the agreement the county has been previously working under was very old and outdated.

She explained the primary objective of the agreement is to facilitate rapid short-term deployment of emergency support to quickly obtain emergency assistance in the form of personnel, equipment, materials and other associated services before, during and after a major incident, disaster, or catastrophic event.

Basically she said it is a tool to help during emergencies or disasters.

A motion carried to extend the agreement.

The meeting was adjourned into an executive session at 9:57am. The meeting returned to open session at 10:13am

The purpose of the executive session was to consider what action to take regarding the Justice of the Peace office which is being vacated by Maxie Eaves, who is retiring from the position.

A motion carried to table the issue until a later date for legal council to be present and all commissioners to be present. If the position has not been filled by July 1, another Justice of the Peace will be asked to step up and fill the void.

Judge Harbison said legal council was really needed for the meeting so the decision could be made and Commissioner Bradley Allen asked to be present when the decision is made.

Commissioner Roscoe McSwain reiterated no date is being set at this time for when the commissioners will revisit the issue.

The meeting was adjourned at 10:17am.

Agenda items approved during the meeting include:
1. Pay monthly expenses.
2. DETCOG Regional Mutual Aid agreement.
3. Partner with city of Center to purchase new building for emergency radio equipment.
4. Use forfeiture funds as salary supplement for Leanne Nelson, effective on the day of the meeting.
5. Accept donation and move on with 4-H Community Service Landscape project for historic courthouse.
6. Adjourn to executive session, return to open session at 10:13am.
7. Adjourn meeting at 10:17am. 

Agenda items tabled during the meeting:
1. Justice of the Peace Precinct 1 office.