Shelby County Commissioners Approve County Road for Subdivision

May 31, 2022 - The Shelby County Commissioners considered the approval of a county road for a subdivision that is working to be established in precinct 3 during their meeting held May 11, 2022.

Darin Borders spoke to the commissioners about the subdivision he is working to establish.

"I came in a couple months ago with the first meeting we discussed this and I gave everybody a copy of the plat and kind of laid out the plan for everybody and requested that the plat be approved and submitted and the road bid be accepted into the county maintenance," said Borders. "So, absence of any opposing discussion or anything it's my take that it should be approved just like that."

Stevie Smith, Precinct 3 Commissioner, stated he believes the plat and the road to be two separate issues.

"I met with Mr. Borders the first of the week and he said that he would be willing to, if we accepted it and gave him the county road, that he would be willing to sign an agreement that says he is responsible for the road for two years while the build is being done, and then after the two years it would come back to court to make sure that the road was turned over in the condition that it was agreed upon when the county road was established," said County Judge Allison Harbison.

Borders agreed that was what he had said and he still agreed to that. According to Borders, the county would not have any expense during the construction period. He explained the intent is for the road to be a county road where people will be paying county taxes, with county addresses. It would not be an established subdivision with people paying dues.

There are 32 lots fronting 1500 feet of roadway.

"It would be hard to get anymore tax revenue for the distance of road than what we're getting here on what this is," said Borders.

Borders opinion was that the taxes would be more than enough money to support the road and the roads coming to it.

I don't know why we have to commit to maintaining before see what we're going to get," said Commissioner Smith. "I saw the road, it is a descent road."

Commissioner Smith referred to a class for commissioners he attended in College Station where a lawyer strongly suggested not taking subdivision roads as county roads.

Borders questioned, "What's the function of government, if not to maintain roads, how do you build a tax base where you don't accept county roads?"

Borders stated he felt that was a left-wing radical mindset and he had difficulty accepting that for Shelby County.

"One very positive thing that this subdivision is, is it's the first time the county will accept a subdivision that you also get a guarantee that for two years, ever who puts the subdivision in is maintaining the road and that you still have the right for approval of the condition of the road when you accept it fully in two years," said Commissioner Roscoe McSwain.

McSwain expressed concern regarding the county picking and choosing who it serves, and he equated the request of Borders to that of someone requesting a tax abatement, "He's building a tax base for the county out there. We invested money either in that road or like a tax abatement, we invest money in the tax abatement because we're not making them pay taxes for years, it's the same thing, how do you pick and choose?"

McSwain continued, "I said this back when Quick Stop was built in Joaquin. How do you give this person a tax abatement, but you don't give a lady that's invested a million and a half dollars a tax abatement?"

Judge Harbison commented the fact there are no rules and regulations on the subject hurts them because it makes it appear the county picks and chooses what they will and won't approve.

Tom Bellmyer, Precinct 4 Commissioner, referenced sitting in on a meeting for counties dealing with subdivisions. "One of the points that they brought out that was very clear is that the legislature had changed the rule on subdivision acceptance, and they were talking about the plat," said Bellmyer. "It went from 60 days to 30 days, on what the plat had been submitted, you had 30 days to make the decision. If not, then it was accepted."

Bellmyer continued, "My recollection is that the advise was not to accept the road when you accepted the plat, and the reason was unless it was a paved road, and when I say a hard surfaced concrete road, then it would take some damage during construction and the discussion was hold the road open for two years and get the major portion of the construction on the road behind you, and then have the sub-divider maintain the road during construction and at the end of two years then he felt like you were on pretty firm ground to accept the road."

Borders agreed that makes sense to him, and they have performed similar projects in other counties, and he said they put up a road bond.

"If for some reason I don't do what I said I'll do, you draw against the bond to fix the road at that point," said Borders.

Commissioner described how the bond would be a safety net for the county were the project not to be completed to specifications, and Judge Harbison also interjected Borders would be installing the culverts for the properties.

Judge Harbison said she has explained to Borders attorney, the county would need a contract to go along with the agreement.

"I don't have a problem, except that a county road in two years, after all the construction is done and we see what we're getting. Right now I've got a problem with accepting it right now," said Commissioner Smith. "The road's there right now, it's been there for several months, and who's it serving?"

Judge Harbison said Borders shared the property would become a trailer park if he can't get a county road.

Toward the end of discussion, Commissioner Bellmyer recollected, once the plat is submitted to the commissioners' court they have 30 days to comment and if they don't in that time it is automatically approved.

Borders followed up stating it does say county road on plat as submitted.

Commissioner Smith commented, "Well, if we need a motion, somebody else is going to have to make it."

The motion was made by Commissioner McSwain to accept and approve the county road number with detailed stipulations of a $25,000 bond will be posted for two years and Mr. Borders agrees to keep the upkeep on the road, install the culverts in that time period and at the end of two years Commissioner Precinct 3 will re-address the road and make a final decision if it's up to par or if he wants to file on the bond.

The motion carried with Commissioner McSwain, Commissioner Bellmyer in favor, and Commissioner Smith and Commissioner Lout against. The tie was broken by Judge Harbison voting in favor.

The commissioners considered an anonymous training donation to the Sheriff's Department and Tanner Peace, Sheriff's Department Captain, described the circumstances.

"We had an individual approach [the Sheriff's Department] a couple weeks ago and basically said they wanted to do something to help the Sheriff's Department any way that they could," said Tanner Peace, Sheriff's Department Captain. "They expressed their gratitude for the work we've been doing and wanted to help out with training."

Peace asked the commissioners to allow them to accept the donation and have it placed in their donation fund.

A motion carried by the commissioners to approve a $1,000 to the Shelby County Sheriff's Department for training.

Agenda items approved during the meeting include:
1. Minutes of April 6, 2022 Special meeting, April 13, 2022 Regular meeting, April 20, 2022 Special meeting, April 27, 2022 Special meeting, of the Shelby County Commissioners' Court.
2. Pay weekly expenses.
3. Officers reports.
4. Current payroll.
5. Accept an anonymous training donation, in the amount of $1,000 to the Sheriff’s Office.
6. Award bid for updating the records building to Easy Way Construction.
7. FY2022 Budget Line-Item Transfers.
8. County road number with detailed stipulations of a $25,000 bond will be posted for two years and Mr. Borders agrees to keep the upkeep on the road, install the culverts in that time period and at the end of two years Commissioner Precinct 3 will re-address the road and make a final decision if it's up to par or if he wants to file on the bond.
9. County Investment Policy.
10. Ann Blackwell as County Investment Officer.
11. Participation in the TAC CyberSecurity Training program.
12. Adjourn.

Agenda items tabled during the meeting include:
1. Constable Pct. 5 reserve constable.
2. Sealed bids for renovating the Adult Probation building.