August 22, 2017 - Shelby County Judge Allison Harbison informed the Shelby County Commissioners during their August 14, 2017 meeting she has been speaking with Douglas Stutzman with TxDOT regarding funds owed by Shelby County to TxDOT for the new Loop 500 highway construction. The agreement to pay 8.1% of the total compensation to landowners was made August 13, 2007 under Judge John Tomlin.
Total expenditure by TxDOT to accomplish the acquisition and utilities was $4,777,288.09 bringing Shelby County's 8.1% obligation to $386,960.34. In the past the county has made two payments of $50,000 and one for $4,860 leaving a remainder of $282,100.34.
According to Judge Harbison, Stutzman offered payment options to the county including paying the total over a 3-6 month time period, or if the county could offer another payment option it would be capable of meeting to outline that suggestion and present it to the state.
"This amount is about $100,000 more than what we thought it would be, so that is the reason that this is due 10 years later," said Judge Harbison.
"We've been discussing this back and forth and my personal opinion is I don't want to obligate the county to five years of making payments. I would rather take the money out of Right-of-Way and pay it and get it behind us, because otherwise we're obligating to have payment down the road," said Roscoe McSwain, Precinct 1 Commissioner.
A motion carried and was approved to take $200,000 out of the Right-of-Way account and $82,100.34 out of the Contingency account to pay the debt in full.
McSwain asked Judge Harbison to explain why the cost was so high.
Judge Harbison explained a statement was received on the total cost for the process of condemning the land.
"Several of the suits were quite large. We had one that was $26,500 was our estimate and after condemnation hearings, they were awarded $527,000 so that's quite a bit more than we budgeted for," said Judge Harbison.
She stated utilities came in higher than projected as well and several of the condemnations exceeded the expected cost. According to Judge Harbison the utility costs were beyond the county's control.
"We just need to let the public know that this was an agreement from 2007 and we're paying this and a lot of this is out of our control, well all of it's out of our control on how much we pay," said Judge Harbison.
McSwain clarified the county agrees to pay the percentage and the state handles everything else to do with negotiations, leaving the county to pay the resulting amount.
David Chandler and Dale Alexander, ACE EMS representatives, addressed the court about continuing the contract between ACE EMS ambulance service and Shelby County for another five years.
Chandler reports from January 1, 2017 to the date of the meeting the ambulance service has run 1,599 calls in Shelby County and out of that figure 1,081 of those were for 9-1-1 calls. The other calls cover non-emergency calls like for a nursing homes, lift assists and that sort of thing.
Three calls have been received for mutual aid during the year. To Nacogdoches Medical Center - Center Emergency Department there have been 758 people transported and from that point 321 have been transported to Nacogdoches.
"I know we did a 1-year contract last year, we've been in service five years this month," said Chandler.
McSwain asked Chandler and Alexander if there was a real difference for them having a five-year contract opposed to a three-year contract.
"It would stabilize what we set out to accomplish in the beginning, you know," said Alexander. "Our past history with ambulance services here, come and go, come and go, the market gets watered down so to speak and you lose your level of service. We feel like with a five-year contract it's easier for us to guarantee that level of service to the county for a long period of time."
McSwain remarked whatever the time frame on the contract is that it is very important the county has a very clear out at the discretion of the court. Alexander and Chandler agreed there is a 30 day clause in the contract already in place at the discretion of the court.
"The goal is for this county, not to expand to other counties. We're here for us, for Shelby County," said Alexander.
A motion carried to extend the contract with ACE EMS for five years with the contract to be presented to the court for final approval before November 1.
The commissioners approved a donation of pipe located in Frierson, La. from Nuverra to Shelby County. The pipe will be used by the commissioners.
"This pipe is 15"-18" in diameter, it's not the thick PVC like they donated in Haslam, it's a fiberglass wrapped in aluminum coating," said Charles Barr, Precinct 3 Commissioner.
According to Barr, the pipes are 30 to 40 feet in length, are very good, and can be used for roadways and driveways. The county will just have to drive to the location and pick up the pipe for use.
A motion carried to accept the donation.
Judy Thompson, a resident of Precinct 4 on CR 4378, addressed the court about road conditions and treatment she says she received from Bradley Allen, Commissioner Precinct 4.
Judge Harbison said she spoke with Commissioner Allen after initially being contacted by Thompson and he was not able to make the meeting due to illness; however, he had done some work on CR 4378.
"Since that time he has come out and drug the ditches and trimmed the bushes which have not been done in three years, that was my main concern," said Thompson.
Thompson said her reason for speaking to the commissioners was the way she claims Allen spoke to her, which she claimed was in a derogatory manner. She also claimed to have spoken with other individuals who said he had been rude to them.
Thompson asked why the road she lives on is the only one on the east side of U.S. 96.
"I feel like we get treated like step-children over there. I can leave my house at the end of my road and see his maintainers and everything over there by the Wildcat Cemetery, or Old Union Cemetery where they're turning around. I get home thinking I'm going to have something done to my road, no," said Thompson.
Judge Harbison told Thompson the county precincts are redistricted every 10 years in Austin.
"They take the number of people that live on a road and that's how it is divided," said Judge Harbison.
Judge Harbison also apologized on behalf of the court to Thompson for the way she had been spoken to and she said she hopes it will never happen again.
Roy Cheatwood, Precinct 3 Constable, presented his certificate of completion of the Basic Peace Officer course and the Reactivation of the Peace Officer's License for the acceptance and recording of the court.
The meeting was adjourned at 10:28am.
Officers' report
Fees collected per office for July:
Deborah Riley, Tax Assessor/Collector, office: Property: $79,682.97; Motor Vehicle: $38,746.73 for a total of $118,429.70
Jennifer Fountain, County Clerk: $37,172.77
Lori Oliver, District Clerk: $25,878.93
Melissa Crouch, Justice of the Peace Precinct 1: $9,259
Marla Denby, Justice of the Peace Precinct 2: $1,402.73
Margie Anderson, Justice of the Peace Precinct 3: $10,023
Jenny Hicks, Justice of the Peace Precinct 4: $5,364
Mike Crouch, Justice of the Peace Precinct 5: $2,452
Zach Warr, Constable Precinct 1: $270
James Hagler, Constable Precinct 2: $270
Roy Cheatwood, Constable Precinct 3: $90
Jake Metcalf, Constable Precinct 4: $180
Robert Hairgrove, Constable Precinct 5: $90
Grand total: $209,982.13
Money Market CD#1 generated $245.93 total market value of $427,697.48
Money Market CD#2 generated $245.51 total market value of $426,960.11
Money Market CD#3 generated $245.08 total market value of $426,224.01
Money Market CD#4 generated $279.36 total market value of $485,845.57
Shelby County Money Market generated $5.32 for a total value of $25,048.53
Total Interest earned on investments $1,015.88
Total investments of $1,791,775.70
Total Interest from Interest Bearing Checking Accounts: $815.31
Agenda items approved during the meeting include:
1. Minutes of the July 10, 2017 Regular Meeting, and the July 24, 2017 Special Meeting, of the Shelby County Commissioners’ Court.
2. Pay monthly expenses.
3. Officers’ Reports.
4. Donation of pipe from Nuverra to Shelby County.
5. Contract with Bryan & Bryan Asphalt, LLC.
6. Take $200,000 out of the Right-of-Way account and $82,100.34 out of the Contingency account to pay the debt in full for reimbursement for the utility adjustment and new highway construction costs for Loop 500 as per an Agreement to Contribute signed on August 13, 2007 between the County and the Texas Department of Transportation.
7. Bid from Jennifer Denise Gray $4,500 on Property ID 21747, located in the Jesse Amason Survey, City of Center which has been struck off the tax rolls.
8. Advertise for bids on janitorial services.
9. Take no action, discuss in budget hearing the purchase of a new vehicle for Constable Precinct 3.
10. Extend contract with ACE EMS for five years with the contract to be presented to the court for final approval before November 1.
11. Adjourn at 10:28am.
Tabled
1. Purchase of a new computer for Justice of the Peace Precinct 1 from the Justice Court Technology Fund.
