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July 16, 2016 - Timpson continues to be a regular crash zone as yet another crash occurs at the intersection of U.S. Highway 59 and U.S. Highway 84 on July 15, 2016.

Timpson Police Officer Jake Metcalf reports receiving a call from Running M Feed store informing there was a crash at the intersection of U.S. 59 and U.S. 84. Upon arrival Officer Metcalf observed a silver 2015 Dodge Dart and a silver 2011 Nissan Sentra had collided resulting from the Nissan failing to yield right of way to the Dodge.

The driver of the dodge was identified as Taylor Wilson, 21, of Gary with a passenger Devon Lablanc, 17, of Timpson. The driver of the 2011 Nissan was identified as Ashton Griffin, 19, of Tenaha.

Griffin was transported to a Nacogdoches emergency room by private vehicle with minor injuries. Assisting Officer Metcalf at the scene were the Timpson Volunteer Fire Department and the Shelby County Sheriff's Department.

No citations were issued.

Submitted photo

July 15, 2016 - Notice is hereby given that a meeting of the governing body of the above named City will be held on the 19th day of July, 2016 at 5:30 pm. at the City Hall, 456 Jacob Street, Timpson, Texas, at which time the following subjects will be considered, to-wit: 

1. Call to Order:

2. Invocation:

3. Pledge: United States Pledge, Texas Pledge             

4. Chamber of Commerce:  Chamber of Commerce, presented by Paul Smith. Thanks to everyone who made Frontier Days 2016 a huge success.

5. Council Items: Reports by the members of the City Council on matters not on the agenda will be made at this time.  A total, not to exceed 10 minutes will be devoted to these reports.
    
6. Presentations & Recognition:  Charlotte Broadway will be celebrating a birthday on August 12th.

7. Citizens Input: This time is provided for members of the public to address the City Council on items that appear within the Consent and Action Items or a matter not listed on the agenda. Each speaker is limited to 3 minutes. A Citizens Input Form may be filled out and filed with the City Secretary prior to the meeting.

8. Department Reports:
A.    Public Works Report:  Larry Burns
B.    Police Department Report: Kent Graham
C.    Municipal Court Report:  For the month of June 2016, there were 30 citations issued,  35 violations, 3 to juveniles and 2 to minors. Total amount reported $12,568.81 the City’s portion a 55% estimate of $6,912.85.
D. City Secretary: Leslie Leathers reporting that the annual Back to School Event will be on August 11th from 4:30-7:00 pm at the Community Building in SoSo Park. Kids (accompanied by an adult) will receive a backpack and school supplies. If you would like to donate any supplies please contact Leslie at City Hall.

On August 6th there will be a trash dumpster on RR Ave beside City Hall. It will be available from 7am until it reaches capacity, so come early. There will also be a recycle dumpster from August 6-12th located by the gazebo on the square.             
                            
9. Consent Agenda:  Items included under the Consent Agenda require little or no Deliberation by the Council. Approval of the Consent Agenda authorizes the City Secretary to proceed with the conclusion of each item as reflected in the Minutes of this meeting.
A. Consider approval of the minutes of the regular meeting held on June 21st, 2016  
B. Consider approval of the minutes of the special meeting held on July 5th, 2016
C. Consider approval of the EDC minutes of the regular meeting held on July 5th, 2016
D. Consider approval of Financial Statement for the month of June, 2016
E. Consider approval of Accounts Payable – Unpaid bills for June, 2016
F. Consider approval of the TVFD officers/members to purchase a truck for the purpose of fighting brush/grass fires from San Augustine Motors based on their bids submitted as required. Copy of bids on file at City Hall and TVFD. Purchase price will be paid in full from TVFD funds. (The purchase of a new truck was approved by Council at the July 5th Special Meeting.)

Regular Agenda Items  (10 –13)

10. Discuss and possibly take action:  Set a date to adopt the preliminary Budget for Water/Sewer and Electric Departments for 2016-2017. (Deadline for the proposed budgets must be filed with the Municipal Clerk, Leslie Leathers at least 30 days PRIOR to adopting the City Tax Rate and 2016-17 Final Budget and 15 days PRIOR to the Public Hearing on City Budget.)

11. Discuss and possibly take action:  Resolution of Authority to add City Secretary, Leslie Leathers to the Volunteer Fire Department Accounts (VFD Now 4636114 and Checking 463221) at Austin Bank.

12. Discuss and possibly take action:  Consider/approve going through procurement for administrative services for the FY 2017-2018 CDBG cycle and set a rating committee.

13. Adjourn:

July 15, 2016 - The President of the United States has issued a proclamation ordering the flag of the United States to be displayed at half-staff from now until sunset on July 19, 2016. Remember to lower all flags that are being flown with the US Flag as no flag should be higher. Flags that cannot be lowered can have a black cord or ribbon tied to the top of the staff to show respect.

Read the proclamation at https://www.whitehouse.gov/the-press-office/2016/07/15/presidential-proclamation-honoring-victims-attack-nice-france

July 15, 2016 - Several charges were issued to the driver of a vehicle involved in a crash on Sunday, July 10, 2016.

According to Texas Department of Public Safety State Trooper Dustin Ramos, at 3:45pm a 2016 a brown 1999 Chevrolet Suburban driven by Randall Newton Hairgrove, 48, of Timpson was traveling north on CR 4233 under the influence of alcohol at an unsafe speed for rock road.

The Suburban traveled off the road to the right and struck a tree with its front right causing damage. The vehicle then overturned onto the left side and came to rest upside down in the roadway.

Timpson Volunteer Fire Department was initially dispatched to the scene of the crash to extricate Hairgrove from the Suburban; however, DPS Troopers were successful in freeing him from the vehicle.

Once freed, ACE EMS transported Hairgrove to Nacogdoches Medical Center - Center Emergency Department for treatment.

Citations were issued to Hairgrove for driven while license invalid with alcohol suspension, unsafe speed and driving while intoxicated.

Texas DPS Trooper Austin Lunsford assisted with the investigation at the scene.

July 15, 2016 - Timpson was the scene of an early morning crash on Friday, July 15, 2016 just before FM 947.

Timpson Police Officer Jake Metcalf reports he was dispatched at 4:58am to the intersection of U.S. Highway 59 and FM 947. Officer Metcalf states when he arrived a white 2016 white Nohino box truck was flipped over in the middle of the highway.

According to Officer Metcalf, the driver, Maximo Antonio Vargas Gonzales, 38, of Houston was traveling northbound on U.S. 59 when witnesses state the box truck was traveling approximately 65 mph through the traffic light intersection with Jacob Street.

Gonzales was traveling in the inside lane when witnesses stated he traveled across the roadway and exited to the right and then back onto the roadway crossing the median into oncoming traffic where he over corrected and rolled back into the northbound traffic lanes, blocking all northbound traffic.

When ambulance personnel arrived at the scene, Gonzales refused treatment.

Officer Metcalf is seen in the above photo as he does an inventory of the inside of the cab of the box truck.

Timpson Volunteer Fire Department was dispatched to the scene where they provided traffic control.

Gonzales was issued citations for fail to maintain single lane, unsafe speed, fail to control speed, traveling wrong side not passing, and operating without a CDL.

The truck, which was hauling mail, was removed from the scene by Hopkins Wrecker Service. Officer Metcalf was also assisted at the scene by Shelby County Sheriff's Deputy Chris Benton.

July 14, 2016 LUFKIN – The Texas Department of Transportation Commission in a special meeting Wednesday awarded 52 projects at a cost of $319.8 million, with four projects totaling $3.7 million awarded in the Lufkin District.

AR Brothers Construction was awarded a $1.1 million construction project in Nacogdoches County designed to safety treat fixed objects on FM 1638 from FM 698 to FM 2609, and on FM 2783 from SH 204 to end of pavement.

Longview Bridge and Road was awarded a $1 million construction project in Polk County to replace bridges and approaches on Carmona Road at Brushy Creek, and on Rock Island Road at Kennedy Creek and the Kennedy Creek Tributary.

Drewery Construction Company was awarded an $844,618 construction project in Shelby County to replace bridges and approaches on CR 3564 at Hilliard Creek, CR 3455 at Spinney Creek and CR 3455 at Shoat Creek.

Longview Bridge and Road was awarded a $763,544 construction project in Houston County to replace bridges and approaches on CR 1585 at San Pedro Creek and on CR 1545 at Cook Branch Tributary.

As these new projects begin and others continue throughout the Lufkin District, motorists are urged to be alert and obey all signage and traffic control devices. Be aware of flaggers directing traffic, moving equipment and workers throughout the project areas. Reduce speed when approaching a construction site. Remember, traffic fines double when workers are present.

July 14, 2016 - The relationship between Panola County and Shelby County involving the probation department has come to a quick end as the ruling body decided to end the partnership effective November 30, 2016.

A meeting was held at the Panola County courthouse on Wednesday, July 13, 2016 in the Commissioners' Courtroom with the presiding authority being comprised of Charles "Brick" Dickerson, 123rd Judicial District Judge; Terry Bailey, Panola County Court At Law Judge; and Charles Mitchell, 273rd Judicial District Judge.

Presented by Dickerson for approval was an order of division and separation of the Panola County/Shelby County Community Supervision and Corrections Department (CSCD) into two separate and autonomous Community Supervision and Corrections Departments. One CSCD for Panola County and one CSCD for Shelby County would be established and such other orders as may be necessary and prudent to effect the separation of the department.

It was clear as the meeting moved forward Judges Bailey and Dickerson were in favor of the separation and Judge Bailey listed a great many complaints about Shelby County which he stopped short of referring to as thieves.

Judge Dickerson entertained questions first of Judge Mitchell who made inquiry of Chief Bradley Wilburn of the Panola/Shelby County Probation Department. He asked Chief Wilburn for an outline of department budgets, totaling four including the Basic Budget, Community Corrections Program (CCP), Diversion Program (DP) and Drug Court Program (DCP). Mitchell stated the basic funding indicates there are five people working in Panola County: Tony Brown, Penny Lowery, Kerian Henderson, Page Parker and Dolly Lindsey and four people working in Shelby County: Bradley Wilburn in both counties, LaRae Bailey, John Harrington, and Lashonna Norris.

The CCP budget indicates there are two officers in Panola County, three in Shelby County, and the DP indicated there is one officer over Panola County and Shelby County combined. Drug Court Grant funding covers three officers in Panola County and two in Shelby County. According to Wilburn's statement regarding the budgets, with the counties splitting there won't be enough funding to cover three positions at the current salary level and two positions in Panola County would have to be terminated.

Judge Terry Bailey (right) questions Chief Bradley Wilburn (left).

It's projected there will only be enough CCP funding to cover two positions at the current salary level. The DP includes officers who monitor sex offenders and neither county will receive the DP funding since neither one will justify enough sex offenders on probation to receive the funding. Just as with the DP funding, neither county is projected to receive DCP funding for the same reason as they can't justify enough drug court probationers, with Panola County having 13 and Shelby County 14. Shelby County would be left with one position having to be terminated from the basic budget and one from the CCP being terminated. With no DP funding or DCP funding to speak of, those two positions would be terminated as well.

According to Wilburn's report all office supplies and CSR supplies are provided by Shelby County. To Wilburn's knowledge all funding for insurance and retirement comes from the state budget. Judge Bailey stated there are voluntary contributions that can be made by counties at the end of each year and he said Panola makes that contribution while Shelby does not. Judge Dickerson stated he was looking at figures and he said Panola county paid $705,000 and change for all county workers including probation. Sidney Burns, Panola County Auditor, explained that $705,000 is to help fund unfunded liability, which does not identify to a certain employee or department.

Judge Mitchell inquired if the split would be a savings as far as Panola County is concerned and Judge Bailey stated Panola County generates more funds than Shelby County through probation and he claimed that has been the case for the 17 years he has been with the county. Judge Mitchell said he can't argue that, because he does not know. Judge Bailey said there was a $13,500 difference in the past year, which he said is not unusual, and Panola County received $5,000 more than Shelby County in the past year.

Judge Bailey asked, "How do we get the name 123rd Judicial District Probation Department, when did that originate?" Wilburn responded, "1975?"

Bailey then asked how the department is referenced in Austin, and when he still didn't get the answer he was looking for he said it's called Panola County Probation, "and y'all are merely a member of that. Actually this sex offender grant was issued to Panola County Probation Department."

Wilburn agreed Panola County is the chief county of the probation department.

Judge Bailey took everyone on a trip to the past when Troy Massey was the director of the probation department starting in 2002 until 2006, "We went through five, six, seven years of solid hell, y'all may not have, but we did up here and I was outvoted all those years."

Judge Mitchell didn't recall ever voting against Bailey; however, Bailey says the board including Mitchell kept him as the director of probation.

"The only time we voted, we voted to fire him," said Mitchell. Bailey responded, "finally, after five years of him firing every Panola County employee and replacing them with Shelby County employees."

Statements made by Judge Bailey suggested the split to be relative to a long standing grudge against Shelby County when he said it is hard to get over what was done by an administrator who has been absent from the department for many years.

"When we're told to drain all the gasoline out of lawnmowers, to drive a car to Center to fill up at a station that he set up an account, it's hard to get over that stuff, I mean the mistreatment, because this is the Panola County Probation Department. Not the Panola/Shelby, not the 123rd, y'all are merely a member of our department. You draw our retirement benefits, that's the reason y'all came in here, is because Shelby County refused to give y'all retirement, they refused to give y'all insurance," said Judge Bailey.

Judge Bailey stated Panola County is beyond that now and things have improved, which Judge Mitchell agreed it has been nine years since Massey was fired. When Wilburn was appointed Chief of probation, Judge Bailey stated he told him to treat Panola County in a fair manner. Judge Mitchell asked if that was not the case and Judge Bailey responded the newest hire was from Shelby County.

Judge Bailey continued to make statements about Massey and his actions of nine years in the past and Judge Mitchell stated it was obvious two votes at the meeting were in favor of splitting the department and his one vote was not in favor. Judge Mitchell said if the reason for the division was Troy Massey, he was under the impression that was over many years ago and he thought ever since then ever office supply, and gasoline has been divided equally.

Judge Bailey stated Panola County has outperformed Shelby County consistently. Judge Mitchell asked Judge Bailey how splitting the department could improve the situation for either county when each county will receive less state money as a result of the split.

"Well, we didn't build schools in Panola County with 'Robin Hood' money like they did in Shelby County," said Judge Bailey.

"If you want to see poor, come to San Augustine, okay?" said Judge Mitchell.

"I think you've had your hand out at Panola County for a while, and if we pay a dime of that retirement, if one dollar of that retirement goes in toward Shelby County employees that is not fair to the citizens of Panola County," said Judge Bailey.

Judge Bailey claimed his court was established because the District Judges of the past would not travel from Shelby County to Panola County to provide administration. He also claimed the District Attorney's office was split between Shelby and Panola, because the District Attorney would not come from Shelby County to provide prosecution in Panola County. Judge Bailey equated Shelby County to the "fat" which needs to be "cut out."

Judge Dickerson indicated there is a $96,757 deficit in the probation department. Burns stated that is correct, and is due to projected revenues not coming in and current probation fee trends are down about $100,000 from original projections. He could not say if the reason for the deficit is the economy, or less individuals on probation. This Burns also said means state funding is down $40,000.

When the opportunity was offered by Judge Dickerson, Shelby County Judge Allison Harbison stated since she took over as county judge she would have been open to discussion if contribution from Shelby County was something that was needed.

"My commissioners have become fairly open minded and we just want to do and we want to serve what's best for our counties. I hate that you have so much animosity towards Shelby County," said Judge Harbison.

According to Judge Bailey there is a lot of resentment for the treatment by District Judges and District Attorneys of the past.

Judge Mitchell asked what the urgency is of splitting the counties now, and asked about the possibility of waiting and studying the prospect of separation to see what the ramifications might be. Judge Bailey commented, "and wait until first of the year?" The significance of waiting until the first of the year being, Judge Dickerson would then vacate his position and Leann Kay Rafferty would take her seat as the new 123rd District Judge, residing in Shelby County, possibly altering the vote.

Judge Dickerson asked Clint Porterfield, Shelby County Auditor, if he had anything to say, and he did.

"I would hope you would consider the livelihood of people involved. I really thought the animosity of stealing people's city limit signs and burning them on football bonfires was over with, but obviously it's not. We're friends and neighbors. We share family in each county and I had the opportunity, and I thank Judge Mitchell to talk with me and be open with my questions, I asked him in the past has the board discussed this to this extent as to what the administrative problems were, and what the logistic problems were, and what the economic problems were that got us to this point," said Porterfield.

Porterfield continued and stated he finds it interesting in the order that was written as compared to what is in the code, the word economic was left out of the order.

"Because there is no economic reason to do this. You're talking about people losing their jobs, you're talking about as businessmen leaving money on the table, because of some past feelings that we probably might need to get by," said Porterfield.

Judge Bailey said he is protecting the people of Panola County and asked why a Panola County citizen has to be replaced with a Shelby County citizen.

"Does that make economic sense for her to drive a probation department car up here from Shelbyville or wherever, when we have people here who would like to have that job?" said Judge Bailey.

Judge Mitchell stated what he told Porterfield was they have these brief meetings generally and he hasn't heard anything but favorable statements from everyone toward Chief Wilburn. Judge Bailey continued his focus on the last employee replacement having come from Shelby County.

Porterfield asked the board give Shelby County the consideration and time to make the change properly.

"January 1st has been mentioned, and I understand your concern about that with a new judge coming on, but I think we can all in this room agree that we can do a split and that January 1st wouldn't be a matter, and let's have time to do it correctly. There's no mandate and no button we have to push to do this right now. We don't have to jump through hoops and we don't have to leave a lot of ifs on the table if we are given the time to do this correctly and properly," said Porterfield.

Porterfield assured the board he would not go back on his word and maybe it would be best for the counties to split, but it should be done right. He stated from the perspective of Shelby County, it will be starting from scratch because there is no fund setup, no financial system and no budget. Contact with the state has yet to be established on behalf of Shelby County in doing this.

"It's not gone unnoticed that there is resources here in Panola County that have helped us out, and we appreciate that," said Porterfield.

Judge Bailey's short-sighted response was, "Well I don't. I don't appreciate that we've helped y'all, I don't. Any of our dollars need to stay in Panola County. Now, we built your schools."

Judge Harbison asked, what schools have to do with the probation department.

"Well I mean, 'Robin Hood,' you took our money and built schools," said Judge Bailey.

This was the final demonstration by Judge Bailey, there would be no productive discussion between he and representatives of Shelby County relating to salvaging the department in Shelby County, or jobs on either side of the county line.

Burns stated it's unknown what the state will mandate for drug court, but each county will have to apply for DP funding in each county for a sex offender officer, and come up with funding for two Community Service and Restitution officers, and a transfer officer.

Judge Charles "Brick" Dickerson (left) listens as Judge Charles Mitchell speaks with Chief Bradley Wilburn about the probation department budget.

As Judge Dickerson entertained motions, there was disagreement with he and Judge Bailey on the proper wording on the motion. Judge Dickerson read aloud the instrument of separation and signed it. A complete verbal motion was never heard; however, when votes were entertained Judge Bailey and Dickerson voted in favor of the separation while Judge Mitchell voted against.

The meeting adjourned at 3:02pm.

Judge Charles "Brick" Dickerson is seen with a smile on his face as he casts the tie-breaking vote to separate Shelby County from the Panola Probation Department.

July 13, 2016 - A truck traveling down Patton Street in Center caught low hanging lines around 3pm Wednesday, July 13, 2016 next to the Center Fire Department Station.

Firemen were first on scene and due to the downed lines they used a tanker truck to block off Patton Street at the intersection of Logansport Street and Chief Keith Byndom used his pickup to block off Patton Street at the intersection of Cora Street. The Center Police Department also responded to the scene to assist.

The pulled down lines included power lines resulting in a partial outage across town and interrupted cable television services.

July 13, 2016 - The city of Timpson has been the location of two major crashes on U.S. Highway 59 within four days.

A crash which occurred on Saturday, July 9 was located at the intersection of U.S. Highway 84 on the west end of 59. Another crash occurred Tuesday, July 12, 2016 at the intersection of U.S. 59 and FM 947.

According to Timpson Police Officer Jake Metcalf, at 5pm he responded to the July 12th crash and upon arrival it was determined a red 2006 Chevrolet pickup truck driven by Jimmy Lee Lampkin II, 28, of Timpson was traveling northbound on U.S. 59 preparing to turn left onto FM 947 when he was rear-ended by a 2005 Pontiac G6 driven by Kenneth Henderson, 35, of Tenaha.

Henderson was trapped in the Pontiac and the Timpson Volunteer Fire Department (TVFD) used Jaws-of-Life to extricate him from the car. Henderson stated to Officer Metcalf, he was distracted by Officer Metcalf and Precinct 5 Constable Hairgrove who were working a traffic stop on FM 947 at the time of the crash.

No injuries were reported to have been received by Henderson who refused treatment. Lampkin was transported by ACE EMS to Nacogdoches Memorial Hospital for treatment of his non-life threatening injuries.

Henderson was issued a citation for no insurance.

Officer Metcalf was assisted at the scene by Michael Crouch, Justice of the Peace Precinct 5; TVFD, Timpson Volunteer Ambulance Service, and ACE EMS.

Stephen Arline is seen discussing CR 4671 with County Judge Allison Harbison.

July 13, 2016 - The commissioners continued discussion at their July 11, 2016 meeting on the Land's End subdivision road which Mary Masterson, a resident of the subdivision, spoke with the commissioners about at their last meeting.

Shelby County Judge Allison Harbison asked Gary Rholes, Shelby County Attorney, for his opinion on the matter.

"There's some hoops you have to jump through to make a county road and what I said before is basically this is a public road, I believe, by implied dedication, which allows the county to work on the road," said Rholes. "My recommendation would be that if the commissioners are going to take action, it would be to recognize this as a public road eligible for county maintenance."

Maxwell Whitley, Land's End resident, addressed the commissioners about the potholes on the subdivision and the school buses that travel the road. Whitley has a child with special needs and according to Whitley the potholes are something that directly affects her and other students when they ride the bus.

"We have school buses that come down our road and the holes, they're very bad. We've got Brooklyn [Oliver] and my little girl and it jars them very bad, it bounces them up and they get sore," said Whitley.

Whitley explained the rain from yards is beginning to constantly travel the road and erode the surface even more.

"It would make it better for the children and everything else too, so it would be deeply appreciated, just it would help the kids a lot. Their safety is the most important thing," said Whitley.

The need of road maintenance in Land's End subdivision was stated by Maxwell Whitley at Commissioners' Court.

Judge Harbison clarified for the public knowledge, Commissioner Allen is not repaving the road, he will be helping with potholes and trying to even out the road preventing drivers from getting stuck and allowing a smoother ride for school buses.

David Masterson stated the residents have been maintaining the road for years, "we would be more than happy if you could just bring us the patch. I've got a front end loader. Max and I and the rest of the guys in the neighborhood, we'll get our own shovels, we'll do it ourselves. It's just, it's got to the point with the cost of asphalt and patch that at this point we're looking at a lot of money."

A motion carried to recognize the road as a public roadway allowing for maintenance by Commissioner Allen.

David Masterson is a resident at Land's End who is willing to contribute to the maintenance in Land's End.

Stephen Shires, Assistant District Attorney, spoke with the commissioners about his request of the last commissioners' court meeting relating to the rental of office space in the Shelby County Annex building for his personal office until December 31, 2016. Shires stated he is currently operating his private practice out of Cornelia Hartman's office located on San Augustine Street on the Center square.

"We actually call that the DA Satellite Office, because I take a lot of meetings and stuff there. The District Attorney job is 24/7, so I never know when a search warrant is coming in or something like that. So, I immediately tend to that business first," said Shires.

Shires said the Shelby County District Attorney is under the Professional Prosecutor's Act, and beginning January 1, 2017 he can no longer take any new cases in private practice.

"I can finish what I've got, but I cannot take anything new and I'm already in the process of paring that down now. If it's something I think I can get done relatively quickly, I get it done, otherwise I'm tending to my other stuff and getting all that finished so hopefully come January 2017 I'll have very little private stuff left," said Shires.

Stephen Shires (left), Shelby County Assistant District Attorney, and Roscoe McSwain (right) Commissioner Precinct 1, observe Gary Rholes, County Attorney, intently as he explains the need to adhere to the Local Government Code.

According to Shires the office in the Annex building is currently not being used and, the office would make him more efficient and he can "consolidate" his practice.

"I'd like to do it through December of this year, and then look at it again and see if I need it to finish off everything left after that," said Shires.

Seemingly it is not just up to the commissioners if they choose to allow Shires to rent the office space, local government code relating to such circumstance exists and Judge Harbison presented it for Shires examination.

The code reads as follows: Sec. 263.001. Sale or lease of real property. (a) The commissioners court of a county, by an order entered in its minutes, may appoint a commissioner to sell or lease real property owned by the county. The sale or lease must be made at a public auction held in accordance with this section unless this chapter provides otherwise.

(b)  The appointed commissioner must publish notice of the auction before the 20th day before the date the auction is held. The notice must be published in English in a newspaper in the county in which the real property is located and in the county that owns the real property if not the same county. The notice must be published once a week for three consecutive weeks before the date the auction is held.

(c)  If the real property is sold, a deed that is made on behalf of the county by the appointed commissioner in conformance with the order entered under Subsection (a) and that is properly acknowledged, proved, and recorded is sufficient to convey the county's interest in the property.
(Read the full code here: Local Government Code Chapter 263)

\Shires agreed the county needs to follow the code and stated there is no rush, he would like to have space as close as possible. Rholes also agreed the county needs to comply with the government code provision and there would be some cost involved. Shires stated he would pay that cost.

Judge Harbison asked Shires what the proposed rental cost would be and he stated $500, which Judge Harbison stated she was thinking the same.

The commissioners decided to advertise the office space for lease and take sealed bids to be opened in court the first meeting after the notice has been perfected.  

Judge Harbison entertained motions and a motion carried.

The commissioners adopted policies for deceased paupers in Shelby County. Judge Harbison stated she has been working on policy prospects with Rholes and her assistant, Cindy Clark, trying to find a basic policy that covers the county. Judge Harbison explained the difficulty without a policy of handling two to three calls a year without any plan on what to do under those circumstances.

County Attorney Rholes agreed a policy is needed, and after working with one for a while it will likely have to be amended in the future.
Roscoe McSwain, Commissioner Precinct 1, confirmed with Judge Harbison the policy is for cremations. The county can only assist in such situations before any services have been handled.

A motion carried to adopt a policy for deceased paupers in Shelby County.

Stephen Arline spoke with the commissioners in requesting larger culverts and repair to existing culverts as well as road repair on County Road 4671, located in Precinct 4.

The roadway has single access and has a dead end and one reason this is a current concern is a landowner off the roadway has 350 acres, which will be thinned soon. Arline stated the road will not be able to handle the excess traffic. Additional issues he stated is the new school year is approaching, making school bus traffic a consideration and transit buses that transport senior citizens have also been having difficulty traversing the road.

"I've been asking for this request for some time, and I'd like to get it done you know," said Arline.

Accompanying Arline's request were letters from other residents living on the road as well as the owner of the timber soon to be thinned asking for the road to receive attention.

Harbison asked Bradley Allen, Commissioner Precinct 4, if he was aware of the pending timber project. Allen stated he was and asked Arline if his property is adjacent to the property where the timber is to be thinned.

"The thing is Mr. Allen, there's one way into all this property, and that's the only way they're going to go out. I discussed it with him, and he said they're going to do whatever they need to do to get it out," said Arline.

Allen stated he would put some rock on the road, and Arline said it's going to take more than what the commissioner has done before.
Regardless of Arline's statement, Allen said, "Well, we'll do what we done before."

Arline said he's not the only resident who has a job to go to and will be traveling over a culvert which is a regular issue, which will become worse with the presence of timber traffic. Allen said the culvert would also be addressed.

"That's been the same issue for 35 years, I hope we can get this taken care of," said Arline. Allen Replied, "We're getting it taken care of."
Travis Rodgers, Commissioner Precinct 3, asked Allen how wide the road is, and Allen stated it's 25 feet to each side of the roadway from the middle. Rodgers said the larger Allen makes the culvert, the more narrow the road will become.

"He's already put base on that helped, but it needs benching," said Arline.

Arline said, if there were another way out than the one roadway he would not be as concerned; however, that is not the situation.
Judge Harbison assured Arline, Commissioner Allen would do some work on the road.

Daniel O'Rear, Juvenile Probation, informed the commissioners of additional funding received by the state.

Daniel O'Rear with Juvenile Probation informed the commissioners the state awarded each region of the state with a certain amount of funds for diversion plan. He said each of the regional chiefs associations developed a plan on how the money would be spent.

"Our region, the northeast region, we decided to use those funds for counseling. The portion that Shelby County got was $7,759," said O'Rear.

A motion carried to recognize the income and amend the budget for counseling for that amount of money.

The meeting was adjourned at 10:21am.

Officers' report
Fees collected per office for May:

    Deborah Riley, Tax Assessor/Collector, office: Property: $148,185.55; Motor Vehicle: $29,491.18 for a total of $177,676.73
    Jennifer Fountain, County Clerk: $33,232.44
    Lori Oliver, District Clerk: $17,892.80
    Maxie Eaves, Justice of the Peace Precinct 1: $7,095.90
    Marla Denby, Justice of the Peace Precinct 2: $773.10
    Margie Anderson, Justice of the Peace Precinct 3: $6,165
    Jenny Hicks, Justice of the Peace Precinct 4: $256
    Mike Crouch, Justice of the Peace Precinct 5: $2,997
    Zach Warr, Constable Precinct 1: $1,165
    Billy Hearnsberger, Constable Precinct 3: $360

Grand total: $247,613.97

    CDs generated $18.31 for a total book value of $60,207.93
    Money Market generated $353.95 total market value of $1,722,799.02
    Total investments of $1,783,006.95
Interest Bearing Checking Accounts for June 2016
General Fund: 0.10% - $778
DA Forfeiture Non-Traffic: 0.05% - $0.25
DA Forfeiture - Traffic: 0.05% - $0.14
County Attorney Collections: 0.10% - $1.12
County Clerk Account: 0.10% - $1.23
Tax Assessor VIT: 0.10% - $2.66
Tax Assessor Property: 0.10% - $26.66
DA Forfeiture Fund 37: 0.10% - $0.43
Total Interest Collected: $810.31

Agenda items approved during the meeting
1. Minutes of the June 13, 2016 Regular Meeting and the June 27, 2016 Special Meeting of the Shelby County Commissioners' Court.
2. Pay monthly expenses.
3. Officers' report by Ann Blackwell, Treasurer.
4. Reappoint John Howard for another term as a member of the Board of Trustees of Burke Center representing Shelby County.
5. Adopt a policy for deceased paupers in Shelby County.
6. Bid from David Cook in the amount of $10,000 for a 2008 Mack truck.
7. Bond prepared by Farmers Insurance for Constable, Precinct 5.
8. Recognize grant income and amend the Juvenile Probation budget.
9. New hire for motor vehicle department.
10. Adjourn at 10:21am. 

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