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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.
August 22, 2017 - The City of Center is not entirely under a boil water notice. Those customers affected by a boil water notice have been hand delivered written notification by city personnel. If a residence has not received written notificiation via a yellow door knocker, then the residence is not under a boil water notice. The City of Center notifies each customer affected by a boil water notice. [Title 30 Texas Administrative Code (30 TAC) Subparagraph 290.46(q)(1)]
August 21, 2017 - Texas Department of Public Safety (DPS) Troopers responded this morning to a train derailment caused when a commercial vehicle crashed into railway cars on FM 1279.
The preliminary investigation indicates at approximately 10:18 a.m., a 2006 Peterbilt truck tractor semi-trailer hauling timber was traveling west when it struck a moving northbound train consisting of 46 rail cars. Thirteen were derailed and overturned in the collision. One of the overturned railcars contained sodium hydroxide - the liquid spilled onto the ground. Hazardous materials teams are currently on-scene conducting clean-up efforts. Three homes were evacuated for safety purposes.
The driver of the log truck is identified as Jamie Cartwright, 33, from Shelbyville. Cartwright was transported to San Augustine County Memorial Hospital for possible treatment. This investigation is ongoing and further information is not available at this time.
August 21, 2017 - FM 1279 in San Augustine County is the scene of a train derailment and the roadway is currently shut down August 21, 2017.
According to TxDOT, the road will be closed until cleared. Prepare for delays in area.
August 18, 2017 - A truck lost its load of logs at the intersection of Loop 500 and U.S. Highway 96 South Friday, August 18, 2017 causing traffic delay for travelers on the loop.
According to Center Police Officer Spencer Anderson, sometime before 9:30am a white Western Star 4900SF truck-tractor owned by ASE Logging Contractors Inc. driven by Alvie Carroll Yates, 71, of Center was northbound on U.S. Highway 96 South.
As the truck made a right turn onto Loop 500 Officer Anderson says Yates took the turn too fast and the truck-tractor turned over, losing its load of logs.
ACE EMS checked Yates at the scene and he left by private vehicle.
Additional units with the Center PD directed traffic and the Center Fire Department assisted at the scene.
A log loader was brought to the scene and transported the spilled logs to another trailer. The log loader then was used to flip the truck upright before it was towed from the scene.
August 18, 2017 - Shelby County Sheriff Willis Blackwell reports that on Wednesday, August 2, 2017 Shelby County Sheriff’s Office Deputy Kurtes Lawrence was responding to County Road 4054 in response to a theft. While on County Road 4054, Deputy Lawrence made contact with two white male subjects that were walking on the road. The subjects were identified as an Anthony Salas, 42, of Shelbyville and a Randall Long, 51, of Gary.
During the contact, Salas and Long were found to be in possession of numerous small baggies, a set of digital scales, miscellaneous drug paraphernalia, and a crystal-like substance suspected to be methamphetamine that weighed over 8 grams. The crystal-like substance field tested positive for methamphetamine.
SCSO Investigator Del Birdwell assisted Deputy Lawrence with the investigation.
Both Salas and Long were arrested and charged for Possession of a Controlled Substance with Intent to Distribute, Felony 1. Long received an additional charge for Possession of a Controlled Substance, Felony 3.
Salas and Long were arraigned by JP1 Melissa Crouch with Salas receiving a $45,000 bond and Long receiving a total of $60,000 bond.
Both Salas and Long posted bonds and were released from the SCSO on August 4th.
August 18, 2017 - Shelby County Sheriff Willis Blackwell reports that on August 2, 2017, Weeks and Ashley Crawford contacted Investigator Fears at SCSO to request assistance in locating their dog, Marucci, a French Mastiff that had gone missing or possibly stolen. The Crawford’s stated that they had been out of town until late night of August 1, 2017 and had only learned of their dog being missing at that point.
When the Crawfords went out of town for vacation, Marucci was able to get out of the fence and wander the neighborhood. The dog ended up in a neighbor’s yard and the neighbor posted on Facebook looking for the owners, or someone who could take the dog because she could not care for it. Preslie Nichols, 26, of Timpson responded and witness statements show that Nichols picked the dog up from the neighbor on July 26, 2017, to which Nichols confirmed.
When Nichols was first questioned, on August 2, 2017, she stated that the dog was run over and she had found the dog in the woods when she went in search of the source of a dead animal smell. Nichols told Investigators that she lied about the dog running off because she did not want to be responsible for the cost of the dog because it had died.
Investigator Fears and Brown were able to locate the dog and informed the Crawford’s so that they could retrieve the animal if they wanted, for burial.
After investigating the case and reviewing several witness statements, it was found that Nichols had tied the dog out, in a sunny part of the yard with no water or shade for better part of the day, beginning at about 10-11am and lasting till late evening, with one witness stating that he could hear the dog panting and in distress at around 12pm, but assumed the owner would be back shortly.
When Nichols was confronted with the new information, Nichols did confirm that she picked the dog up the evening of July 26 and that she had tied the dog up outside on July 27 for approximately three hours in temperatures reaching 93 degrees and the humidity reaching 94%, but claimed there was shade and water, despite witness statements claiming otherwise. Nichols stated that she had left her home at about 12pm to go to Nacogdoches to watch a movie and had returned around 3pm and the dog was dead. Nichols then dragged the dog with a four wheeler to the woods located next to her house.
Nichols was arrested on August 16, 2017 for Animal Cruelty (MA) for failing to care for the dog adequately or to make specific accommodations for the dog resulting in its death.
Nichols was arraigned by JP1 Melissa Crouch on August 16, 2017 and was released with a $2,500 PR bond.
August 18, 2017 - Shelby County Sheriff Willis Blackwell reports that on May 12, 2017 a Wesley Permenter reported a burglary that occurred at his camp house that is located in the south eastern part of Shelby County. Mr. Permenter reported that several items were stolen which included fishing rods, televisions, battery chargers, a Black & Decker electric weed eater, and miscellaneous fishing tackle and lures.
During the course of the investigation, information was received that led to a search warrant being obtained for the residence of a Richard Dickerson in Carthage, Texas.
The search warrant was executed on May 16th, 2017 by Shelby County Sheriff’s Office Lieutenant Kevin W. Windham, Chief Deputy DJ Dickerson, Investigator Mandy Fears and Investigator Del Birdwell along with Carthage Police Department Detective Hilton Poindexter. During the execution of the search warrant, some of the property that was reported stolen by Mr. Permenter was located and recovered.
An arrest warrant was issued for Richard Dickerson on the charge of Burglary of a Habitation, Felony 2 and Richard Dickerson was arrested on May 26th, 2017. Mr. Dickerson was arraigned by JP2 Marla Denby and bond was set at $20,000.
Mrs. Lynette Permenter came to the Shelby County Sheriff’s Office and the property recovered during the search warrant was relinquished to her which included 10 rod and reels and a 110V Black & Decker electric weed eater.
Special appreciation is extended to the Carthage Police Department for their assistance in this investigation.
August 17, 2017 - State Highway 7 West was the scene of a crash where a truck-tractor became lodged in a wooded area just over two miles from the Nacogdoches County line and the occupants were trapped.
First responders gained access to the truck through a meadow on the other side of the tree line and cut a path through the brush to reach the trapped men.
According to Texas Department of Public Safety State Trooper Jesse Fountain, at 6am a red 2015 Volvo truck-tractor driven by Johnny Morris, 57, of Galveston was eastbound on State Highway 7.
The truck veered to the right and struck a guardrail and it pulled the truck off into the ditch and then into the tree line where it came to rest.
Morris and his passenger Douglas Lee McLendon, 51, of Vidor were transported from the scene by ACE EMS to Ncogdoches Medical Center - Center Emergency Department for treatment of minor injuries.
No citations were issued at the time of the crash.
August 17, 2017 - The broken pole has been replaced and the roadway is back open.
August 17, 2017 - In Center, Pearl Street off of Tenaha Street has been temporarily closed as a precaution due to a broken power pole on Pearl Street. The electric company responded to a limb on a line which resulted in the power pole damage. Once the pole is replaced and the roadway is back open an update will be posted.
August 17, 2017 - After the completion of a recent speed study and reevaluation on a portion of roadway located on SH 7 East, TxDOT is recommending for approval the speed limit be lowered from 75 mph to 65 mph.
The section of SH 7 East that will be affected includes .3 miles east of SL 224 in Nacogdoches to Martinsville. The change also includes just east of Martinsville and continues on SH 7 through San Augustine County and will end at the Center city limits in Shelby County.
TxDOT is required to evaluate speed limits periodically every five to 10 years. Speed studies are also conducted if requests are received on roadways that have not recently been evaluated. TxDOT received several requests for a new speed study on SH 7. As a result of that speed study, the Lufkin District is submitting for approval the recommendation that the speed limit be lowered.
A speed study consists of radar samples, an accident analysis and a review of existing roadway conditions. TxDOT uses a method referred to as the 85th percentile to determine speed limits. This method represents the speed at which the majority of drivers are traveling at or below for a particular section of highway. The 85th percentile is determined by radar samples of free flowing vehicles on an average week day during fair weather. The accident analysis consists of a review of the accident history over the past three years plus the current year. A thorough review of the accident history will reveal any patterns if present.
If the speed study reveals a reduction in speed is justified, recommendations are submitted for approval. The Texas Transportation Commission decides speed limits in Texas and if approved a minute order is issued establishing the new speed limit.
For more information, contact Rhonda.Oaks@txdot.gov or (936) 633-4395.
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