Shelby County Today

October 19, 2020 - The City of Tenaha would like to remind voters that Early Voting continues Monday, October 19th through Friday, October 30th from 8am until 4pm with Tuesday, October 20th and Thursday, October 22nd hours from 7am until 7pm. There is one item on the ballot “The adoption of a local sales and use tax in the City of Tenaha at the rate of 2%.”

October 14, 2020 - The Shelby County Commissioners have made a motion seeking to end the Morrow v Shelby County class action lawsuit which has been hung over Shelby County and Tenaha for the past 14 years.

During their meeting October 14, 2020, Judge Allison Harbison shared the commissioners met with the county's attorneys with Flowers, Davis who have been representing Shelby County in the lawsuit.

"The federal Judge [Rodney Gilstrap] has seen fit to call a halt to this suit that we've been in for God knows how long," said Judge Harbison. "The only thing is he, the attorney fees that are owed by the plaintiff's attorneys, he did allow for some of those. Our portion is going to be $186,500."

Judge Harbison remarked that amount is 10% less than the amount owed would have been, because of Judge Gilstrap's decision. 

"Hopefully that Tenaha lawsuit will be dead and done," said Judge Harbison.

According to the total amount awarded to Plaintiffs, the City of Tenaha's portion should be $102,933.96

Judge Harbison explained, with the action the court takes today, a dismissal with prejudice will be entered. According to Judge Harbison, plaintiff's council will also release Shelby County from any past or future attorney fees.

She further stated the only fees that may be pending after that are Court Monitor fees for John Malcolm Bales, who has been the monitor since December 6, 2018. 

"[Bales] has been really good, and I think he was very instrumental in getting this lawsuit done," said Judge Harrison. "Because, plaintiff's attorney wanted to drag it out forever so thank goodness that the federal judge saw fit to say 'no more.'"

Judge Harbison stated a representative of Flowers Davis P.L.L.C would be going to plaintiff's attorney, Tim Garrigan, today to get the necessary documents signed. 

"Folks need to realize that, it's a lot of money, and it's not something that we can help. We're not throwing this money away, and if we don't do this motion today then those fees will continue to be more, and more, and more, so this is probably the best out we have to end this thing," said Commissioner Charles Barr.

Commissioner Roscoe McSwain commented on the vast expense the lawsuit has been for the county over the years.

"This is just a portion of what it's cost the county to litigate this and to continuously be under this monitor system, this lawyer continue to get to charge hourly fees," said McSwain. "We have no choice but to put it behind us."

A motion made by Judge Harbison, and seconded by Commissioner McSwain, carried and is as follows:
To approve payment of $186,500 for attorneys' fees to Plaintiffs' counsel in the class action case of Morrow v. Shelby County, et al., for purposes of bringing to an end, once and for all, this case and any further expenses to Shelby County other than any outstanding court ordered monitor fees. This payment will result in full and complete satisfaction of (1) all past awards of attorneys' fees, (2) all current claims for attorneys' fees, and (3) any future claims for attorneys' fees. This motion and payment is contingent upon (1) the Court entering an Order of Dismissal with Prejudice as to the Shelby County Defendants, and (2) Plaintiffs' counsel signing a Release of all past and future attorney's fees.

Rayford Copelin, Shelby County historical Commission, spoke with the commissioners once again about their recommendation to the county to abate the asbestos in the Historical Courthouse Annex.

Judge Harbison confirmed the money for the project is currently budgeted. 

Copelin provided some more information on the project to the commissioners relating to cost of the project, which he stated came to $13,826 and is less than they initially expected.

A motion carried by the commissioners to approve Brady Environmental Services and HP Envirovision to take care of the asbestos in the Historical Courthouse Annex building at a cost of $13,826.

The meeting was adjourned at 9:51am.

Agenda items approved during the meeting include:
1. Minutes of the September 2, 2020 Special meeting; September 9, 2020 Regular meeting; September 16, 2020 Special meeting; September 23, 2020 Special meeting; September 30, 2020 Special meeting of the Shelby County Commissioners' Court.

2. Pay weekly expenses.

3. Pay current payroll.

4. Officers Report.

5. Morrow, et al v. Shelby County, et al including pending claims for attorney's fees.

6.  Brady Environmental Services and HP Envirovision to take care of the asbestos in the Historical Courthouse Annex building at a cost of $13,826.

7. Adjourn

Related Articles:
Judge Awards Plaintiff Attorneys Almost $300,000 in Morrow v Shelby County
SC Historical Commission Seeks Asbestos Removal from Annex Building

October 13, 2020 - The Shelby Commissioners met with representatives of the Shelby County Historical Commission to consider issues they suggest need to be addressed at the Shelby County Historical Courthouse Annex building.

Rayford Copelin, Shelby County Historical Commission, addressed the court regarding abatement of asbestos in the Historical Courthouse Annex.

Copelin explained, the commission sought to discover if anything in the building posed a hazard and they enlisted the help of an environmental consultant firm, which in turn performed a survey of the structure.

"They found some mold, they found some lead and then they found some asbestos," said Copelin.

According to Copelin, the mold and lead aren't necessary to be addressed at this time since the lead is within the paint and the mold will potentially have a time to return if it's removed and the building then remains vacant.

"The asbestos is a different story, we need to take care of that, the only asbestos they found was in the floor tile and then in the mastic that holds the floor tile," said Copelin.

Copelin indicated for the commissioners different rooms within the building that have tile where there is asbestos. He explained the environmental consultant firm will act as consultants and acquire the necessary permits, monitoring, and insure whatever abatement contractor that is hired handles the work appropriately.

"Their fee is about $16,000 or so, it's not going to be that high, because it's not going to take that long," said Copelin.

Of the two bids received for the project, the Historical Commission recommended the low bidder HP Envirovision to handle the work.

Judge Harbison said the total amount they were looking at for the environmental consultant and the contractor is $25,769. Commissioner Tom Bellmyer asked if the money for the project has been budgeted.

"We had discussed earlier, before the budget was final, that we would make room for $25,000 to be in the budget knowing that we were going to have to do an abatement project," said Teddy Hopkins, Historical Commission Chairperson.

He didn't know if there was a line item for the abatement in the budget, but he said the expectation was for there to be up to $25,000 for the project in the budget.

Hopkins and Copelin agreed they expect the project to be somewhere between $16,000 and $20,000.

To confirm if the funding is already in the budget, a motion carried to table approving the project until the next meeting.

The commissioners previously approved going out for bids on tires and gravel for the county and since then are uncertain on the best course of action to accomplish seeking the bids.

A motion carried to rescind the previously approved motion, follow through on research and revisit the bid process again next year with a plan.

The commissioners considered putting rock on a private drive on County Road 3801. Commissioner Charles Barr stated the cirumstances involve a school bus turning around on the driveway, which he says is the last house on the road. 

According to Barr, a school bus had difficulty turning around at the location and it was requested of the commissioner to add gravel.

A motion carried to allow Commissioner Precinct 3 to put rock down on the private drive to help service the school system.

The meeting went into executive session at 10:35am and returned at 11:19am with no action taken. The meeting was then adjourned at 11:20am.

Agenda items approved during the meeting include:
1. Pay weekly expenses.

2. Grant application for the 2021 Indigent Defense Formula Grant Program.

3. Resolution to apply for the 2021 Indigent Defense Formula Grant Program.

4. Donate salvage property from the Expo Center which includes boards and steel tresses to the Shelby County Expo Center.

5. Resolution regarding the transaction allowing Judge Harbison to sign all the proper documents pertaining to the Tax Sale of Property in District Court cause #18CV34348.

6. Rescind previous motion on bid process for tires, gravel, etc. and research further before next year.

7. Commissioner Pct. 3 to put rock on a private drive off County Road 3801.

8. Adjourn.

Agenda items tabled during the meeting include:
1. Recommendation by Shelby County Historical Commission to abate the asbestos in the Historical Courthouse Annex.

2. Tabled until 21st to see what the City of Tenaha does Tax Trust bid for Cause #19CV-23,303, Shelby County, Tenaha Independent School District and City of Tenaha VS. Heirs of Ann Evans, Deceased.

3. Table until 21st to see what the City of Tenaha does Tax Trust bid for Cause #08CV-30,130, Shelby County, Tenaha Independent School District and City of Tenaha.

October 9, 2020 - The Shelby County Constable 3 office was the scene of a break-in on Sunday, October 4, 2020 and during that break-in evidence is alleged to have been taken.

According to Roy Cheatwood, Constable Precinct 3, he received a call his office located at 10726 Highway 84 East in Joaquin had a broken window in the entry door. Upon researching the scene, Constable Cheatwood discovered around four ounces of marijuana scheduled for destruction had been taken.

Through investigation Constable Cheatwood was able to determine, and track down his suspect at a location on Childress Street in Joaquin at 5:15pm Monday, October 5.

As Constable Cheatwood placed Aaron Brazzel, 23, of Joaquin in custody he states Brazzel admitted to having taken the marijuana. 

Brazzel was arrested on a previous warrant for burglary of a building, felony 4; and he was charged for the break-in at the constable office for burglary of a building, felony 4; and possession of marijuana, misdemeanor a.

Constable Cheatwood thanked the Shelby County Sheriff's Department, Texas Rangers and DPS Trooper Keith Jones for their assistance.