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September 22, 2016 - The Shelby County Commissioners approved the budget for the 2016-2017 year during their special meeting held Monday, September 19, 2016.
Judge Allison Harbison reported to the commissioners the general budget is $6,605,202. The combined road and bridge budgets for all precincts is $4,019,312 for a total including general and road and bridge of $10,524,514 making up the operating budget.
Judge Harbison stated the budget will raise less revenue from property taxes than last year so it goes to the appraised values. She also said there is a 2.39% decrease from last years budget and every corner which could be cut has been.
"I don't know that it could be cut anymore without salaries or cutting employees out. Hopefully we'll rebound next year," said Judge Harbison.

As the commissioners considered the budget, and when motions were entertained, opinions were voiced seeking some alteration to the budget relating to commissioners' remaining balance in their budgets. Roscoe McSwain, Commissioner Precinct 1, announced he would like the fixed assets fixed in his budget and the other commissioners agreed they sought the same. Judge Harbison asked Clint Porterfield, Auditor, if any of the commissioners have spoken with him while the budget has been being prepared and he state they had not.
Jimmy Lout, Commissioner Precinct 2, stated they needed to wait and see how much there would be leftover before they could say anything and he still didn't know exactly how much he wanted to put in the budget.
"There wasn't any use in having this meeting then, if we weren't going to get this budget passed," said Judge Harbison.
McSwain felt it was common knowledge what his wishes have been leading up to the meeting.
"Ain't nobody getting their feathers ruffled up, because they've known all along, everybody's known that I was going to budget my cash carryover. I'm not going to get in next year and can't pay my bills, so if I get in a catastrophe or a flood and not be able to reuse the money that's available," said McSwain.

Porterfield addressed the court and outlined the amount of funding each commissioner has remaining, if all of the expenses are to be expended and with no notification as of the meeting date of any FEMA money to be received. The amounts included Precinct 1: $75,000; Precinct 2: $138,000; Precinct 3: $161,000; Precinct 4: $505,000.
His question to the court was, in factoring in estimated expenses for the remainder of the year, what amount of money the commissioners seek to set as fixed assets.
McSwain wanted to know, in regards to FEMA funding, if the money would be added to the budget as it is received or if it would be included in the budget currently.
"As we have discussed, if the FEMA money were to come in after the adopted budget in this fiscal year, that would increase your cash balance of which we would come back and recognize the revenue and budget it for that next year as an adjustment," informed Porterfield, as he continued,"If the money is received in next fiscal year, we're simply crediting the expense account, therefore you would be able to spend it immediately with no budget adjustment."
McSwain referenced a sheet of paper which he stated he was handed on the morning of the meeting indicating there was $344,000 remaining in the Precinct 1 account, "There's no way I will spend $344,000 in two weeks, and that was my point. I'm not going to leave $300,000 laying on the table that I will not be able to use unless it was an emergency situation next year, and I don't see what's wrong with budgeting most that money as a fixed asset in the new budget and then if it ain't completely funded, even if I don't have that much left what's wrong with that?"
The sheet of paper contained the capital outlay for each precinct, as of Tuesday, September 20, 2016 the capital outlay for each precinct reflected Precinct 1: $344,785.21; Precinct 2: $444,043.41; Precinct 3: $270,002.56; and Precinct 4: $724,913.96.
Judge Harbison asked for an estimate of what each commissioner wanted shifted to "fixed assets." McSwain stated $250,000 and Jimmy Lout, Precinct 2, followed suit requesting the same amount. Judge Harbison asked Bradley Allen, Commissioner Precinct 4, what he wanted as he already had $200,000 in fixed assets. Allen stated he would like to keep it all, which Judge Harbison stated they can't set that amount because they don't know for sure how much there will be and the budget has to be filed with the state by October 1.
Porterfield gave additional information to the court about available funds per budget and what amount would be appropriate for them to keep in fixed assets. He stated Precinct 1 is $263,000 under budget, Precinct 2 is $304,000 under budget, Precinct 4 is $228,000 under budget and has a cash balance of $700,000 and even spending all of the budget this year $500,000 would remain. He said anywhere from $500,000-$600,000 would be appropriate.
Precinct 3 is $113,000 under budget and Porterfield was not certain $250,000 would be appropriate as it was it was only $19,000 less than the current cash balance. It was decided Precinct 3 could handle $150,000 and Travis Rodgers, Precinct 3 Commissioner, agreed.
In speaking with Allen, Judge Harbison asked him how much he wanted to designate for fixed assets and she confirmed with Porterfield there would be a $500,000-$600,000 carryover. Porterfield interjected additional information for consideration.
"Let me just say, while we're at this exercise, this money if you're going to budget cash it doesn't have to go into fixed assets exclusively. To use more money, if he wants to put x-amount under fixed assets and x-amount in gravel, then now's the time to do it," said Porterfield.
It was decided for Precinct 4 to put $250,000 in fixed assets and $250,000 in the gravel account.
A motion to approve the budget with changes carried.
During the meeting Jimmy Lout, Commissioner Precinct 2, wanted to make sure everyone is aware no raises are included in the budget. Judge Harbison added some departments even had cuts and she didn't think anyone's budgets are higher this year.
Following discussion of the tax rate, a motion carried to approve the new general tax rate of .5733 combined with the road and bridge special rate of .0795 for a total tax rate of .6528. According to the adopted budget, this budget will raise less revenue from property taxes than last year's budget by an amount of $207,251, which is a 2.39% decrease from last year's budget.
A motion carried by the commissioners to reject air conditioning bids which were read at the previous commissioners court meeting held on September 12, 2016. It was determined unless a large job such as replacing the entire air conditioning system in the courthouse was being considered, seeking bids in the future will not be necessary for maintenance projects.
A motion made by Commissioner McSwain to reject the gravel bids and an oil bid presented during the September 12, 2016 meeting carried. Commissioner McSwain clarified if the commissioners purchasing materials at different periods which equates to $50,000 or more it does not need to be presented to court; however, if they are making a one time purchase that equates to $50,000 or more then that would need to be presented to court.
A motion carried that starting October 1, if a project is $50,000 or more the commissioner has to present it to court for approval.
The meeting adjourned at 10:06am.
Recap of items of interest from the September 12, 2016 meeting: A line item transfer of $37,000 was approved to allow for the Sheriff's Department to purchase a new Tahoe. This purchase was made possible by transferring funds from the Sheriff's Department Housing fund and the fuel fund. It was approved for the county auditor to conduct the audit of the District Attorney's forfeiture/seizure fund. A correction was made to the 2017 calendar for holidays since Christmas Eve will actually fall on a weekend and Christmas day will be on a Monday. It was approved to allow the county employees days off on December 25th and 26th. Ann Blackwell was appointed to the Tri-County Community Action Board of Directors. Repair to the Historic Courthouse elevator by way of the contingency fund in two payments totaling $9,862 was also approved.

September 22, 2016 - Texas Department of Public Safety State Troopers were dispatched to a one-vehicle crash on State Highway 87 South just outside of Shelbyville on Saturday, September 17, 2016.
When troopers arrived, the vehicle was in the Double J's parking lot. During the crash investigation Texas Department of Public Safety State Trooper Dustin Ramos performed a sobriety test on the driver and subsequently arrested him at the scene.

According to Trooper Ramos, at 9:56pm Cedric Peoples, 36, of Center was northbound on State Highway 87 South in a blue 1991 Oldsmobile Cutlass while under the influence of alcohol. Peoples failed to drive in a single lane and struck a metal guardrail with the right back quarter of the Cutlass causing damage. He stated the vehicle has a defective rear tire.
Peoples was placed under arrest for driving while intoxicated - 1st offense.
Assisting Trooper Ramos at the scene was Trooper Cpl. Jimmy Faulkner.


September 22, 2016 - San Augustine Police Officers Joey Haley and Mike Price served a search warrant at the residence of Redaryall Davis, 25, on September 19, at 3pm for 1110 Barrett St in San Augustine to look for illegal firearms.
During the search the officers found PCP, Meth, powder cocaine, and crack cocaine in a substantial amount. Several stolen items from burglaries including guns, chainsaws, hunting gear, tvs, silverware, and many other items were recovered facilitating the ability of officers to clear seven burglaries.
Davis has been charged with Possession of Controlled Substance, felony 3 and 2 counts of Possession of Controlled Substance, felony 2. Several more burglary warrants on Davis are expected over the next few days. As of now, his bonds are $200,000. The officers were assisted by Game Warden Travis Fountain on the execution of the search warrant.
September 22, 2016 – Blue Bell Ice Cream is voluntarily recalling select products produced in its Sylacauga, Alabama, plant because they were made with a chocolate chip cookie dough ingredient supplied by a third party supplier Aspen Hills, Inc., due to the potential for it to contain Listeria monocytogenes.
Listeria monocytogenes which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.
This recall covers the following products.
Blue Bell Ice Cream Half Gallons: Code Dates
Blue Bell Chocolate Chip Cookie Dough - 082618226
Blue Bell Cookie Two Step - 080418222, 081818224
Blue Bell Ice Cream Pints: Code Dates
Blue Bell Chocolate Chip Cookie Dough - 081518242, 082418242
The products can be identified by the code date found on the bottom of the carton. The products produced with the chocolate chip cookie dough pieces were distributed in the following ten states Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia.
No illnesses have been reported to date. Blue Bell identified a potential problem through intensified internal testing and notified Aspen Hills. Aspen Hills then issued a voluntary recall of the products supplied to Blue Bell. Although our products in the marketplace have passed our test and hold program, which requires that finished product samples test negative for Listeria monocytogenes, Blue Bell is initiating this recall out of an abundance of caution. This recall is being conducted in cooperation with the FDA.
Consumers should not eat the recalled products and are encouraged to return them to the place of purchase for a full refund.
We continue to work closely with our regulatory agencies, and we remain committed to ensuring we are producing safe products for our consumers to enjoy. For more information, consumers with questions may call 979-836-7977, Monday – Friday 8 a.m. – 5 p.m. CST.
September 20, 2016 - Rep. Paddie will be in Center/Shelby County this Thursday, September 22 at 1:15 in the County Courthouse on the 2nd floor to meet with elected officials and City and County and Business Leaders regarding the upcoming legislative session.

September 19, 2016 - State Highway 7 West was the scene of a three-vehicle crash Friday, September 16, 2016 which resulted in injuries for several involved and the arrest of one driver.

When emergency personnel first arrived on scene just east of FM 2913, vehicles were in two different locations at a distance from one another with injured parties reported at both ends of the crash. While West Shelby Volunteer Firemen provided traffic control with other passersby, Center Fire Department firemen were on scene working to extricate one driver from a vehicle as they assisted ACE EMS.

According to Texas Department of Public Safety State Trooper Taylor Buster, at 2:20pm a blue 2003 Ford Expedition driven by Mario Garza-Cuatio, 33, of Nacogdoches was westbound on State Highway 7 in the inside lane. Garza-Cuatio crossed the double yellow line into the eastbound side and struck a white 2013 Ford F-150 driven by Monte Griffith, 47, of Center in its front.

This caused the F-150 to slide sideways into the westbound traffic lanes where it struck a maroon 2003 Ford Explorer driven by Kelley Nicole Fountain, 21, of Center who was traveling with a 5-month-old female and 1-year-old male passenger.
Fountain's Explorer rolled over and came to rest on its top in the westbound ditch, trapping Fountain. Garza-Cuatio's Explorer was disabled by the crash and came to rest back on the westbound side of the roadway in a ditch.

Fountain and her passengers were transported by ACE EMS to a hospital in Nacogdoches for treatment. Griffith refused treatment at the scene and was later taken by private vehicle to a hospital.

Garza-Cuatio was examined by ambulance personnel and upon being cleared by EMS failed a sobriety test given by DPS. Garza-Cuatio was arrested and the scene and was charged with intoxication assault, no driver's license and driving on wrong side of roadway no passing zone. He was then booked into the Shelby County Jail.
DPS Trooper Keith Jones assisted Trooper Buster at the scene with his investigation.


September 16, 2016 - The Center Fire Department was dispatched to a structure fire on Pecan Street in Center when city workers discovered the burning building September 16, 2016 at around 5:10pm.
When the firemen arrived at 521 Pecan Street, the structure was fully involved. City workers were trying to prevent the fire from spreading by the use of a nearby water hose.
Once the firemen were on scene they made short work of the blaze, which had reached several nearby trees, and prevented the fire from reaching the house.
"It appears the structure had been burning for some time, it was already almost on the ground. We extinguished the fire, called SWEPCO. They found an electrical problem in the breaker box and I requested for the city electrical inspector to come out to see if the meter needs to be pulled or just red tag the box that appeared to have a problem," said Keith Byndom, Center Fire Chief.
The homeowner was not at the residence at the time of the fire.
September 16, 2016 AUSTIN – Texas Attorney General Ken Paxton today announced the arrest of 25 suspected child predators following a joint operation led by the Harris County Sheriff’s Office High Tech Crime Unit (HTCU) and assisted by the attorney general’s Fugitive Apprehension Unit (FAU).
Over a three day period, the sting operation targeted adults in southeast Harris County who used the Internet and social media to solicit minors. Twenty-five suspects were apprehended after traveling to locations where they expected sex with a child. According to authorities, several persons arrived armed, and one man showed up with his 2-year-old son.
“This effort demonstrates the strength and effectiveness of law enforcement when it works together to crack down on child predators,” Attorney General Paxton said. “I commend everyone involved in the operation who helped identify and capture the predators before they could victimize children in Texas or elsewhere.”
Eight members of the Internet Crimes Against Children Task Force joined the HTCU and FAU in the operation: the Houston Police Department, Katy ISD Police Department, Deer Park Police Department, Department of Homeland Security, Harris County Precinct 1 Constables Office, Waller County District Attorney’s Office, Webster Police Department, and Cypress Creek EMS.
To view the list of the 25 individuals charged with online solicitation of a minor click here: https://www.texasattorneygeneral.gov/files/epress/HTCU_Chat_Operation_Mug_Shots.pdf?cachebuster:16
Attorney General Paxton urges all parents to talk to their children about Internet safety, especially on social media, where the majority of child predators lurk for victims. For more information on cyber safety, please visit https://www.texasattorneygeneral.gov/cj/cyber-safety.

September 15, 2016 - Thanks to a Louisiana couple traveling down US 84 outside of Tenaha, 911 was alerted to a single-vehicle crash involving a mother and her 2-year-old child Thursday, September 15, 2016, 4 tenths of a mile west of Ramah Church.
According to Department of Public Safety (DPS) State Trooper Austin Lunsford, a blue Chevrolet Cobalt LT was traveling east on US Highway 84 and failed to drive in a single lane. The car ran off the roadway to the right striking a culvert and became airborne where it flipped a couple of times before coming to rest upside down hidden in a wooded area.
The driver of the car, Kelly Diedrich, 26 of Tenaha, was able to exit the vehicle along with her son and make their way through the underbrush to the highway where a couple traveling on US 84 pulled over to assist them. Both were transported to East Texas Medical Center (ETMC) in Carthage by ACE EMS. The child appeared to be unharmed at the scene but was transported with the mother who had visible minor injuries.

Diedrich was very thankful of the Louisiana couple who stopped and rendered aid along with another woman who also stopped. Both assisted with caring for the toddler during the emergency situation.
Tenaha City Marshal Jimmy Wagstaff assisted the wrecker who was in need of a chainsaw in order to remove the vehicle along with Tenaha Volunteer Fireman Matt Barton. DPS State Trooper Jesse Fountain and Sergeant Robert Shugart also arrived on scene.


September 15, 2016 - TYLER, Texas – A 65-year-old Dallas County, Texas, physician, has been resentenced to federal prison for health care fraud and identity theft violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales.
In July 2014, Tariq Mahmood, of Cedar Hill, Texas, was found guilty by a jury of conspiracy to commit health care fraud, seven counts of health care fraud, and seven counts of aggravated identity theft following a four-day trial before U.S. District Judge Michael Schneider. Mahmood had been indicted by a federal grand jury on April 11, 2013.
According to information presented in court, Mahmood, a general practitioner, owned and operated several hospitals in the state of Texas, including Cozby Germany Hospital in Grand Saline, Renaissance Terrell Hospital in Terrell, Central Texas Hospital in Cameron, Community General Hospital in Dilley, and Lake Whitney Medical Center in Whitney. From January 2010 to April 2013, Mahmood and others carried out a scheme to defraud Medicare and Medicaid through the submission of false and fraudulent claims. Mahmood and others added, changed, and incorrectly sequenced diagnostic codes in a way that did not reflect the actual diagnoses and conditions of the patients and often did so without reviewing the medical records. They submitted false and fraudulent claims to Medicare and Medicaid based on the added, changed, and incorrectly sequenced diagnostic codes. Mahmood and others also unlawfully used Medicare beneficiaries’ names and Medicare numbers in order to commit health care fraud.
Following his appeal, Mahmood was resentenced to 135 months in federal prison and ordered to pay restitution in the amount of $145,358.23 to Medicare, Medicaid, and Blue Cross Blue Shield of Texas.
The case was investigated by the Texas Office of the Attorney General – Medicaid Fraud Control Unit (OAG-MFCU), the U.S. Department of Health and Human Services – Office of the Inspector General (HHS-OIG), the Federal Bureau of Investigation (FBI), and the U.S. Postal Inspection Service (USPIS). This case was prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and Frank Coan and Special Assistant U.S. Attorney Ken McGurk.
Any individuals with knowledge of these or other health care fraud violations are encouraged to contact the Department of Health and Human Services’ fraud hotline at 1-800-HHS-TIPS (447-8477)










