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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.
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.
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.
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 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.
July 12, 2016 - An emergency contract has been approved for repairs to begin on SH 7 in Shelby County after March floods caused slope failures at two separate locations of the roadway.
Drewery Construction, contractor for the $2.6 million construction project, is expected to begin work by early next week, weather permitting. Two locations suffered flood damage, including a larger failure located 1.1 miles west of FM 711 to 1.9 miles west of FM 711 and a smaller failure 2.2 miles west of FM 711 to 2.9 miles west of FM 711.
The work at each location will include placing temporary traffic barriers in the eastbound lane of SH 7. Preparation will begin which includes soil nail walls that will help prevent the roadway from further failure during construction. Once the soil nail wall is installed, the slopes will be reconstructed with geogrid reinforcement to prevent future slope failures. The roadway will then be restored to pre-failure condition and new guard rail will be placed at both locations.
Due to the severity of the slope failure, a consultant engineering firm was enlisted to determine the scope of the work and negotiate a contract that would complete the design. Surveying and geotechnical work was also completed. Completion of the work was delayed by additional flooding.
“Only two bids were received for this project and both were substantially higher than original estimates,” said Rhonda Oaks, public information officer for the Lufkin District. “The delay in beginning this project stemmed from the fact that we had to receive approval which solidified the funding for the estimate overage. We were notified Monday that the bid was approved and awarded.”
As work begins, motorists are urged to obey all traffic signs and reduce speed near the construction project. Delays should be expected as the traffic is narrowed to one lane and flaggers or pilot cars will direct motorists through the project. Be alert to moving equipment and workers. Remember, traffic fines double when workers are present.
For more information, contact Rhonda.Oaks@txdot.gov or (936) 633-4395.
Update: The driver of the vehicle was identified as 49 year-old Carrie Lynn Moore from Center, Texas.
July 12, 2016 - Texas Department of Public Safety (DPS) State Troopers and additional emergency personnel were dispatched to FM 147 following reports of a major single-vehicle crash 2 miles from State Highway 87 South on July 11, 2016 at 8:15pm .
A 2002 white Kia was traveling at an unsafe speed for a curve in the roadway, the driver lost control and over corrected left. The Kia traveled across the roadway and once on the other side struck a tree with the front.
After striking the tree, the vehicle rolled and spun, ejecting the driver into the roadway. The Kia came to rest on its top on a culvert. The female driver who has not yet been identified was pronounced dead at the scene by Marla Denby, Justice of the Peace Precinct 2. Watson and Son Funeral Home transported the driver from the scene.
The crash is under investigation by DPS Trooper Taylor Buster, who was assisted at the scene by DPS Troopers Dustin Ramos, Brent Murray and Daniel Dellinger.
Shelbyville Volunteer Fire Department and Shelby County Sheriff's Deputies assisted with traffic control as well as assistance provided at the scene by Jamie Hagler, Constable Precinct 2, and ACE EMS personnel.
This crash remains under investigation and further information will be provided as it is made available, pending notification of next of kin.
July 11, 2016 - The jury that has been summoned for Monday, July 18th for the 123rd District Court of Honorable Judge Charles "Brick" Dickerson presiding has been cancelled due to the scheduled cases being resolved or passed.
Anyone receiving a summons for that day is released from jury service until they receive a future summons.
July 10, 2016 - U.S. Highway 84 and U.S. Highway 59 intersection in Timpson was the scene of a major crash Saturday night, July 9, 2016.
Kamas Dahir Hassan, 33, of Burnsville, Mn. was traveling south on U.S. Highway 59 through Timpson in a white truck-tractor sometime just before 8:30pm as he approached the intersection of the two highways.
At that time a red Kia Spectra LX driven by Michaela Turner, 19, of St. Martinsville, La. with passenger Jay Michael Turner, 43 and an 8-month-old passenger entered the intersection of U.S. 84 and U.S. 59 and into the path of the truck-tractor, failing to yield right of way.
Unable to avoid the collision, the truck-tractor struck the Kia mostly head-on, causing major damage and leaving the Kia in the southbound traffic lane of U.S. 59. The truck-tractor left the roadway to the left and into a median before re-entering the highway.
The truck-tractor then crossed another median to the right and finally came to rest on the right side of the roadway in front of Woodland Christian Church.
Timpson Volunteer Fire Department firemen were dispatched to the scene and provided traffic control at the complicated intersection as a heavy flow of traffic continued in the direction of the wreck scene.
Michaela Turner was taken by helicopter to an as yet determined hospital. Jay Michael Turner and the 8-month-old were transported by ambulance to a hospital in Nacogdoches and Hassan was transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment.
The crash is under the investigation of Timpson Police Officer Michael Williams. He was assisted with the investigation at the scene by Timpson Police Officer Jake Metcalf and Texas Department of Public Safety State Trooper Dustin Ramos.
(Update): The Timpson Police Department has confirmed as of Sunday afternoon, the 8-month-old involved in the crash has been released and the man involved was admitted to the hospital for treatment. Michaela Turner also remains at LSU hospital where she is continuing to receive treatment for her injuries.
July 8, 2016 - The Tenaha Volunteer Fire Department and Center Fire Department were dispatched to a house fire two miles south of Tenaha on U.S. Highway 96 South Friday, July 8, 2016 at 1:54pm.
Black smoke could be seen billowing into the sky on approach and when the firemen arrived the house fire was fully involved. The firemen worked on all sides of the house to extinguish the flames of the house and surrounding trees which were burning and endangering the firemen with the possibility of falling.
Although the firemen were able to prevent the fire from spreading further, the house was a total loss.
According to the report from owner Toby Gordon, to the fire department, he was inside of the home when the power shut off and came back on. When the power returned, Gordon heard a pop and the house caught on fire.
July 8, 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 12, 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.
See the proclamation here https://www.whitehouse.gov/the-press-office/2016/07/08/presidential-proc...
July 7, 2016 - State Highway 7 at the intersection of FM 711 was the scene of a crash on July 1, 2016 involving a pickup truck a hay rake being pulled by another truck.
According to Texas Department of Public Safety (DPS) State Trooper Taylor Buster at 2:50pm a blue 2007 Chevrolet pickup truck driven by Rubin Rodriguez, 45, of Center was traveling east on State Highway 7 near FM 711.
A brown 1997 GMC pickup truck driven by Bobby Gene Adams, 73, of Center was traveling west on SH 7 pulling a hay rake and was turning left onto FM 711. As the GMC turned, it did so in front of the Chevrolet failing to yield right of way, causing the Chevrolet to collide with the hay rake.
The Chevrolet and the hay rake continued east and came to rest in a ditch on the east side of the road.
Passengers riding with Rodriguez included Victor Cruz, 56, Jose Morales, 25, and Carlos Morales, 24. One occupant of the Chevrolet was transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department for treatment of minor injuries.
The Center Fire Department and Shelby County Sheriff's Department assisted at the scene with traffic control. DPS Trooper Buster was assisted at the scene by DPS Trooper Sean Smith.
No citations have been reported at this time.
July 7, 2016 - The jury that has been summoned for Monday, July 11, 2016 for the 123rd District Court honorable Judge Charles "Brick" Dickerson presiding has been cancelled due to the scheduled cases being resolved or passed. Anyone receiving a summons for that day is released from jury service until they receive a future summons.
July 7, 2016 - The Shelby County grand jury for the July Term 2016 of the 123rd Judicial District Court met Tuesday, July 5, 2016 and indicted 18 cases.
Michelle W. Jackson was indicted for criminally negligent homicide, state jail felony. The indictment alleges on December 11, 2015 Jackson by criminal negligence caused the death of Mary Young Walton by colliding with an automobile in which Walton was a passenger, causing her death. (Related story: Center Police Department Investigates Hurst Street Crash; Multiple Agencies Assist)
Regina Rene Shead received two indictments relating to November 15, 2015. The first indictment is for driving while intoxicated with child passenger, state jail felony. The indictment alleges Shead operated a motor vehicle in a public place while intoxicated and with a child passenger younger than 15 years of age. The second indictment was for abandoning or endangering a child, state jail felony. The indictment alleges Shead intentionally, knowingly, recklessly or with criminal negligence, engaged in conduct that placed a child younger than 15 years of age in imminent danger of death, bodily injury, or physical or mental impairment by driving under the influence of alcohol and intentionally ramming her vehicle into another vehicle.
Belinda Kay Green was indicted for forgery - against elderly individual, third degree felony. The indictment alleges on December 29, 2015 Green, with intent to defraud or harm another, namely Ola M. Gardner, an elderly individual 65 years of age or older, by writing numerous check on Gardner's Citizens State Bank account in the accrued amount of $3,750.
Joseph Clay Hardy received two indictments relating to March 17, 2016. The first indictment was for sexual assault of a child, second degree felony. The indictment alleges on March 17, 2016 Hardy caused the penetration of the sexual organ of a child who was then and there younger than 17 years of age and not the spouse of the defendant, by Hardy's sexual organ. The second indictment was for sexual assault, second degree felony. The indictment alleges Hardy caused the penetration of the sexual organ of another with his sexual organ, without the consent of the other.
Clayton Alan Meisch was indicted for theft, state jail felony. The indictment alleges on December 21, 2015 Meisch took materials of the value of $2,500 or more but less than $30,000 from Steel Building Supply, the owner, without effective consent. This was done by issuing or passing a check paid to the order of Steel Building Supply in the amount of $4,727.99 when Meisch did not have sufficient funds in or on deposit with Austin Bank of Nacogdoches.
Hugo Rena Barruetta was indicted for fraudulent use or possession of identifying information, state jail felony. The indictment alleges on December 11, 2015 with intent to harm or defraud another, and without the consent of Jacob Williams, Barruetta used the identifying information of Jacob Williams to gain employment. The information included Williams name, date of birth, and social security number to gain employment.
Maricela Hernandez was indicted for unauthorized use of a motor vehicle, state jail felony. The indictment alleges on December 22, 2015 Hernandez operated a motor-propelled vehicle, an automobile without the effective consent of Neva Fields, the owner.
Tracy Lynn Averyt was indicted for false report, state jail felony. The indictment alleges on November 28, 2015 Averyt communicated a report of a present offense, an assault, and Averyt knew the report was false or baseless and would ordinarily cause action by an official agency organized to deal with emergencies, namely, Center Police Department.
Kemberly Suzanne Williams was indicted for false report, state jail felony. The indictment alleges on December 24, 2015 Williams communicated a report of a present emergency situation in stating that she was having a heart attack and then stating she was pregnant and having a miscarriage. Williams knew that said report was false or baseless and would ordinarily cause action by an official agency organized to deal with emergencies, namely, ACE EMS.
Michael Dickerson was indicted for forgery, state jail felony. The indictment alleges on December 8, 2015 Dickerson passed a check purported to be the act of Rusk County Inmate Trust Fund, who did not authorize the act, on a Citizens National Bank Account for the amount of $3,000 made out to Dickerson and cashed at Walmart in Center.
Bobby Joe Cartwright was indicted for failure to register as a sex offender, third degree felony. The indictment allges on July 8, 2015 Cartwright while being a person required to register with the local law enforcement authority in the county where he resided or intended to reside for more than seven days, Shelby County, because of a reportable conviction for Shelby County, intentionally or knowingly failed to register with the local law enforcement authority.
Tia Knoll was indicted for assault bodily injury, third degree felony. The indictment alleges on September 18, 2015 Knoll recklessly caused bodily injury to a member of the defendant's family by intentionally, knowingly or recklessly impeding the normal breathing or circulation of the blood of the family member by applying pressure to the throat of neck and/or blocking the nose or mouth of the victim.
Giovani Johnson was indicted for forgery, third degree felony. The indictment alleges on December 18, 2015 Johnson with intent to defraud or harm another, possessed with intent to pass a forged writing knowing such writing to be forged and such writing had been so altered that it purported to be a copy of an original when no such original existed, and said writing was a fake one hundred dollar bill.
Moses M. Crawford, Jr. was indicted for tampering with or fabricating physical evidence, third degree felony. The indictment alleges on September 7, 2015 Crawford knowing that an investigation was in progress and while detained for questioning, intentionally or knowingly destroyed drug evidence: a cigar blunt, with intent to impair its availability as evidence in the investigation.
Gary Patrick Simon was indicted for deadly conduct, third degree felony. The indictment alleges on July 25, 2015 Simon knowingly discharged a firearm at or in the direction of Shaddrick Tawan McCollister.
Emanuel Johnson was indicted for cruelty to non-livestock animals, state jail felony. The indictment alleges on July 20, 2015 Johnson recklessly tortured a pitbull dog by failing to provide necessary food, water, care, or shelter, causing the dog's death. Johnson's conduct was not generally accepted and otherwise lawful form of conduct occurring solely for the purpose of or in support of fishing, hunting, or trapping; or wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or animal husbandry or agriculture practice involving livestock animals.
Indictments and Information are not a conviction, and are a matter of public record. All individuals are presumed innocent until found guilty in a court of law.
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