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March 23, 2022 - The Shelby County Commissioners held a lengthy meeting Wednesday, March 2, 2022, addressing multiple issues important to the county of which a Hazard Mitigation Plan was a leading concern.
A Hazard Mitigation Plan is something necessary for the county to have in place and should be updated every five years per FEMA regulation. Not having a plan in place would make the county ineligible for certain grant programs such as flood mitigation assistance, hazard mitigation grant program and pre-disaster mitigation competitive.
"After speaking with GrantWorks and doing some research, if we go through the grant process it's gonna take us about two years or more, and it's going to cost over $100,000 and of course we'll have 25% of that," said Shelby County Judge Allison Harbison.
Judge Harbison explained the county needs to move more quickly than that and she said GrantWorks has presented a contract and quote for $49,950 to complete the project. She stated it would likely be $15,000 to $20,000 more than the grant route. If the county takes the grant route, she said it's likely to take twice as long to get the plan in place.
GrantWorks is investigating the possibility of using American Rescue Plan Act funds to afford the expense of the Hazard Mitigation Plan Project; however, in the interim and with time being a factor Judge Harbison suggested moving forward quickly and possibly paying out of the County Contingency fund account.
Tom Bellmyer, Commissioner Precinct 4, confirmed with Luciana Barr, Emergency Management Coordinator, the previous plan went out in June 2021.
Roscoe McSwain asked Keith Payne, a GrantWorks representative, how long the process could be expected to take.
"If you were to go the grant route, it's over two years," said Payne. "If you hire to write the plan, its at least cut that time in half. If you go the application route, the application has to be submitted to the GLO for review, it goes to the department of TDEM and then finally to FEMA and that process is usually over a year,"
McSwain indicated the issue the county and cities in Shelby County are facing without the Hazard Mitigation plan in place, "so if we have a disaster in the next year, we're not going to qualify for grants." Commissioner Bellmyer agreed that was correct.
Payne described a Hazard Mitigation department within GrantWorks that will be working on the plan for Shelby County.
A motion carried to move forward with the Hazard Mitigation Project and seek legal counsel to review the contract.
Commissioner Bellmyer mentioned several county buildings in the area he would like to see the county continue to move toward working on them including the Adult Probation Building; attention needed to the old County Clerk's building; and the old elementary school gym that is now being utilized by AgriLife and needs air conditioning.
The commissioners ranked and approved moving forward with a list of projects using the American Relief Plan Act of 2021.
The initial projects included jail plumbing repairs; Huber water drilling; the jail roof; communications towers; City of Center project broadband communications; assistance to non-profit; covid testing; courthouse security; and a generator for the courthouse.
"The communication towers is something I really want to get going, especially starting with the one in Joaquin to begin with because that's where the biggest drop off is," said Judge Harbison.
She said she would like to see the Joaquin tower be installed first and then look at where would be most beneficial after that to help strengthen the radio signal.
In discussion over items already on the list Ann Blackwell, County Treasurer, remarked confirmed the county had around 600 tests for Covid-19.
The need for fiber optic cable service through AT&T at the County Clerk's office was discussed and Judge Harbison described the need. During election time, the county clerk has to upload results to the state website.
"Friday she had no U-verse, so she had to work [in the courthouse] in my office, which is fine, but she has to bring all that stuff over here," said Judge Harbison.
Jennifer Fountain, County Clerk, agreed she was at the courthouse working until 10pm using the courthouse internet. The County Clerk's office has U-verse, and the courthouse has fiber. Judge Harbison encouraged the need to get fiber to the County Clerk's office.
"A lot of time I either, if we can't catch somebody [at the courthouse] I've had to haul 20 tablets to my house before to try to update them, which at my house I have cable," said Fountain.
Fountain explained the fiber is so much faster than the cable internet at her house. According to Fountain, when the County Clerk's office internet is down they cannot process birth certificates, or credit cards, which halts a lot of business through her office.
Bellmyer confirmed the District Attorney's office has fiber and the County Clerk's office isn't very far from the District attorney's office. Blackwell expected the bill for the fiber to be around $500 a month.
It was explained the internet being down has an effect on the ability of outside access to records, and Fountain stated 90% of the issuance of birth certificates is accomplished online. She also said there has been a little bit of an increase of "land men" accessing records through the internet.
As discussion continued about items on the list, Judge Harbison said she would actually like to see other generators considered for the list for the District Attorney's office and the County Clerk's office in addition to the courthouse generator.
"A generator for your command center is not an option, it is a requirement," said Bellmyer.
Judge Harbison agreed that's why the county doesn't have a command center.
With the completion of the plumbing project on the first side of the Shelby County Jail Roscoe McSwain, Commissioner Precinct 1, was enthusiastic about moving forward with the other side of the jail and reaching completion of the total project.
Sheriff Kevin Windham was very pleased with the process of the plumbing project and stated they are very pleased with the result for the money.
"They could have went in there and tore everything out like had initially been discussed and they saved the county hundreds of thousands of dollars," said Windham. "I really appreciated them for looking out for us."
Bellmyer recollected previous discussion at a previous meeting about the potential to upgrade voting equipment. Fountain said she had spoken with someone at the Secretary of State office and they weren't sure the funds from the American Relief Plan Act could be used for that purpose.
"We have a little bit of time, but we have a presidential election coming up in two years, and of course we've got mid-terms, I think that we can't make the mid-terms this year but we need to look over the horizon if we need to upgrade our voting equipment," said Bellmyer. "We need to take advantage of it now."
McSwain said he would like it in writing if the Secretary of State is saying those funds couldn't be used for the purchase of voting equipment, since the court has been informed they can use those funds for anything beneficial to the tax payers.
"That is definitely a good and service to the citizens," said Bellmyer.
A motion carried to move forward on the Huber Water project; jail roof; communication towers and generators for the courthouse.
There were several FY 2022 Budget line item transfers to be made and Clint Porterfield, County Auditor, described what they were, and he reminded the court the county is already in the sixth month of its budget.
"There are four funds involved here, one is the coronavirus relief fund - Fund 44. We have a budget there that everything is in fixed assets," said Porterfield. "Repairing the jail plumbing, that's not a fixed asset that's a repair, so as we do things like that we're creating expense line items which we now need to move a budget into."
The first line item transfer was for $75,000 for the plumbing repairs. The remainder were three line item transfers for precincts 2, 3, and 4 to clean up some expense accounts that did not have a budget. Porterfield reminded the commissioners for such expenses those funds come out of their gravel accounts.
Porterfield explained the needed funds would be transferred from their gravel accounts to the line items to support those expenses.
Agenda items approved during the meeting include: 1. Pay weekly expenses. 2. Current payroll. 3. Order the May 7, 2022 Constitutional Amendment Election. 4. Move forward with the Hazard Mitigation Plan Project. 5. Move forward with Huber Water System project; jail roof; communication towers; generators for the courthouse using the American Relief Plan Act of 2021. 6. Cooperative Agreement between Texas A&M AgriLife Extension Service and Shelby County. 7. Discontinue the contract with DISA for drug screen compliance. 8. Approve Random Drug Screen Compliance agreement with DATCS. 9. Historic Courthouse venue use contract and payment to go through the County Treasurer's office and scheduling to go through the Historic Courthouse docent. 10. Sale through bids of a Mack Truck for Commissioner Pct 3. 11. Mutual Aid Agreement from Nacogdoches Police Department and numerous surrounding agencies and Shelby County Sheriff’s Office. 12. Plumber to present proposal for remainder of plumbing repairs for the Shelby County Jail. 13. FY 2022 Budget line item transfers. 14. Record Racial Profiling Report for the Shelby County District Attorney’s Office. 15. Record Racial Profiling Report for the Shelby County Constable Pct. 1. 16. Record Racial Profiling Report for the Shelby County Constable Pct. 2. 17. Adjourn at 10:56pm.
March 21, 2022 - The National Weather Service Storm Prediction Center, Norman, OK issued at 8:10pm, Monday, March 21, 2022 a Tornado watch 56 in effect until 3pm for the following counties in Texas: Angelina, Bowie, Camp, Cass, Cherokee, Franklin, Gregg, Harrison, Houston, Marion, Montgomery, Morris, Nacogdoches, Panola, Polk, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Upshur, Walker, and Wood.
March 21, 2022 - The Joaquin Volunteer Fire Department has been dispatched to five fires since March 19, 2022 that were the result of some form of outdoor burning.
On March 19 there was a woods fire on County Road 3485 in the Woodland Shores community that started from a burn pile and burned into the woods several feet away.
March 20 saw four calls alone, each within three and a half hours from the first to the last. The first was a tree fire on County Road 3845 that started in a burn pile and jumped the road and into a nearby tree.
The second was a call for an excavator on fire down County Road 3001. The fire started while a pile of trees was being cleared.
Next was a call for a yard on fire on County Road 3000. The fire started in a burn pile and preceded to spread across the caller's yard.
Lastly the JVFD was dispatched to a fire at the intersection of FM 139 and County Road 3361 and 3360. This fire most likely was caused by a discarded cigarette in the ditch, catching the grass and nearby trees on fire.
No one was harmed in any of these fires. However, the Joaquin Volunteer Fire Department would like to urge everyone to use extreme caution when considering any outdoor burning of any kind, and also be mindful of the current weather conditions before starting to burn. As for discarding cigarettes, please use an ash tray if one is available and never put one out on dry grass that could spark a larger fire. The JVFD wishes everyone a safe and fire-free week.
March 18, 2022 - The Jury that was summoned for Monday, March 21, 2022, for the 123rd Judicial District Court, Honorable LeAnn K. Rafferty presiding, has been cancelled.
All cases scheduled have been resolved.
Anyone receiving a jury summons for this day is released from service until they receive a future summons.
March 16, 2022 - The Jurors summoned for Monday, March 21, 2022, should report to the Windham Civic Center at 146 Express Blvd., Center, Texas 75935. The Civic Center is located across the street from Whataburger on Hurst Street next to the Holiday Inn Express and The Hampton by Hilton. This change is due to the broken elevator at the Courthouse.
All Jurors should report to the Civic Center at 8:30 am. We are sorry for any inconvenience this may cause.
March 18, 2022 - Officials with the National Forests and Grasslands in Texas, Angelina and Sabine National Forests, have advised a prescribed burn today location:
Sabine N. F. – Compartments 117/118/119, Located in the Moore Plantation WMA south of State Highway 2426, The Trail Between the Lake is included, 2915 acres, Block A & B Only. This will be a hand burn and Winds are predicted from the West at 7-20 MPH.
Please drive with caution. Also, we advised long range drift SMOKE may affect some of the areas.
March 17, 2022 - Shelby County Sheriff Kevin W. Windham reports the arrest of Ty Glover, 24, of Lufkin and Travis Wright, 24, of Lufkin.
Ty Glover
On March 6, 2022, a deputy with the Shelby County Sheriff’s Office noticed a SUV traveling North on US 96 in Center. The vehicle had sparks coming from the undercarriage and the deputy initiated a traffic stop. As the deputy exited his patrol vehicle and approached the SUV, the driver accelerated, turned around and began traveling South on US 96 towards the city of Center.
Travis Wright
After a brief pursuit, the vehicle crashed near the edge of the property at the Best Western in Center.
The driver, later identified at Glover, exited the vehicle, and ran into the Best Western and was found hiding in a laundry room on the second floor. Glover was taken into custody without incident.
Further investigation led deputies to a hotel room where Wright was located. Inside the room, deputies located a substance believe to be methamphetamines, and marijuana. Wright was taken into custody.
2011 Chevrolet Suburban stolen from a pawn shop in Center
During the course of the investigation, deputies learned that the vehicle Glover was driving had been stolen from a pawn shop in Center. The vehicle also contained numerous pieces of property stolen from the pawn shop as well. Glover also told deputies there was another vehicle that had been stolen from Lufkin, and where the vehicle was parked. Officers from Center Police Department assisted the SCSO and located the vehicle.
Glover was arrested and booked into the Shelby County jail on local charges including: Evading Arrest with a Vehicle (State Jail Felony) $5,000 bond; Unauthorized Use of a Motor Vehicle (State Jail Felony) $5,000 bond; and Burglary of a Building (State Jail Felony) $5,000 bond. Glover also has warrants out of Angelina County for Credit/Debit Card Abuse and Theft.
Wright was arrested and booked into the Shelby County jail on local charges including: Possession of Controlled Substance (Felony-3) $7,500 bond; and Possession of Marijuana (Misdemeanor-A) $1,500 bond. Wright also has warrants out of Angelina County for Failure to Appear and Bail Jumping.
Stolen items recovered
“This is proof that our deputies are out doing their jobs and patrolling this county,” said Sheriff Windham. “This situation was able to be shut down quickly and although a stolen vehicle did receive damage, we were able to recover everything that was stolen and were able to return it all to the rightful owner.” The SCSO would like to thank the Center Police Department, and Constable Precinct 5 Josh Tipton for their assistance.
2008 Chevrolet Silverado stolen from Angelina County
Submitted by Leah Chase, SCSO Public Relations
March 17, 2022 - Greg Grant will be conducting a controlled burn at his Rebel Eloy Emanis Pine Savanna and Bird Sanctuary in Arcadia Sunday, March 20th.
In addition to creating a scenic, open, park-like pine forest and promoting native grasses and wildflowers, regular prescribed fire reduces fuel loads decreasing the chance of catastrophic fires during the summer; controls underbrush, diseases, and insects; and promotes wildlife habitat for deer, turkey, quail, pollinators, and pine savanna songbirds like brown-headed nuthatches, pine warblers, Bachman’s sparrows, and red-cockaded woodpeckers.
For more information on prescribed fire, visit the websites for the Texas A&M Forest Service and the Texas A&M Agrilife Extension Service.
March 16, 2022 - A Shelby County Jury has found Brandon D. Roberts, of Center, guilty Wednesday, March 16, 2022, following a three-day trial which was held at the Windham Civic Center.
Jury selection was held Monday, March 14, 2022, in the court of 123rd Judicial District Judge LeAnn K. Rafferty, and jurors heard testimony on the circumstances that led to the arrest and subsequent trial of Roberts.
Roberts was found guilty of burglary of a habitation with intent to commit sexual assault; sexual assault; and tampering with evidence. He received two life sentences and a third for 20 years.
Karren Price, 123rd Judicial District Attorney, along with Lynda K. Russell and their team were responsible for the prosecution of the case against Roberts and Reynaldo Morin, Nacogdoches criminal attorney, represented Roberts.
After deliberating for several hours and reviewing case evidence, the jury returned their verdict for all three counts against him.
The cases surrounded an incident on Terry Street in Center on May 3, 2021, in which a woman was assaulted by her neighbor, Roberts, who lived across the street from her with his father. The woman involved in the incident had a baby in the home at the time, and during her testimony described how she did everything she could to protect her baby from the intruder in her home.
A 911 call was made around 4am on the morning of the attack, and the Center Police Department responded to the scene on Terry Street; however, the prowler was already gone. When Roberts knocked on her door around 9:30 later that morning as she was preparing to go to work, she grabbed a knife from the kitchen. Roberts was stabbed several times during the altercation, and according to the woman as he tried to force his way into the home she stabbed him. It was after this that he attacked her.
The jury sifted through a large amount of evidence they were presented with during the trial, and after they gave a majority of it a final review before they made their decision, they came to the conclusion Roberts was guilty.
Related article:
Center PD Investigates Terry Street Residence Assault
March 17, 2022 - Officials with the National Forests and Grasslands in Texas, Angelina and Sabine National Forests, have advised a prescribed burn today location:
Sabine N. F. – Compartment 97 and 98, Located in Yellowpine off State Highway 87, 1060 acres, Block A and D Only, and a small area on Trail Between the Lake. With Helicopter Support and Winds are predicted from the South at 5-18 MPH.
Please drive with caution. Also, we advised and long range drift SMOKE may affect some of the areas.
March 16, 2022 - The Shelby County Commissioners's Court discussed appointing a Justice of the Peace for Precinct 4 during their March 16, 2022 meeting. The Justice of the Peace Pct. 4 office has been vacant since the passing of Judge Jackie Kirkwood on January 29, 2022.
Judge Harbison spoke regarding the JP position, "I think that we need to setup a time frame for people to turn in an application or resume and give them a deadline." She recommended taking the applications and then selecting the ones they wanted to interview. The interviews could be done in an executive session.
Commissioner Pct. 4 Tom Bellmyer added, "I know we've all got a number of questions about requirements and abilities and I think that would be good. Then we could sit down and actually have some interviews with maybe, I don't know how many candidates have turned in resumes but I think it would be good to at least have the chance to ask questions."
Judge Harbison did say the county has been receiving resumes already from interested candidates. The court approved to set a deadline for noon Tuesday, March 22nd for receiving applications and an executive session will be scheduled for the Wednesday, March 23rd meeting to review the applications.
Mark Dawson with Whitaker Plumbing Inc. addressed the court regarding the plumbing repairs at the jail, "We did the north side of the hallway as approved a month or so ago. It's been without clogging, everything went really well with the job and the camera - it looks really good and complete so now we are proposing to go ahead and catch the other side at this time and to move forward with that repair." He explained the level of difficulty should be about the same as the other side.
Sheriff Kevin Windham expressed, "We are very pleased and we certainly express our gratitude to the Commissioners' Court and to Whitaker Plumbing because they came... I mean they were thinking and they saved us a lot of money. And we appreciate the court for letting us have the other side done and we are asking this time to get the other side done because we are very pleased." The Sheriff was asked about the housing of current inmates while the work was done and he said they were able to minimize the length of the stay for inmates to only seven days.
The estimate for the repairs matched the amount paid for the north side which was $75,000. A motion was made and approved to move forward with plumbing repairs to the second hallway with the estimated cost of $75,000 to be paid from CRF funds. The motion carried.
Bryan Loyd with Harris Govern next addressed the court regarding a future project. "We do the software for the Appraisal District and the tax software for the Tax Office and we do the IT service for the Tax Office and they both have individual servers right now. Both of those are nearing end of life and need to be replaced so we were asked to look at the option of one server for both offices or continuing to have separate servers. There is roughly $9,000 in difference between hardware and installation between the two options and that's just to get it installed so its a one time cost for that. One thing to consider is that the separate servers, each office can operate independently without relying on the internet. If you share a server in one office with the other, if the internet goes down, one office may be out of service until that's restored. And if the power goes down, where the single server is the other office would be out as well, you would loss both offices at the same time. So, there are some pros and cons. Little bit of savings but you loss your redundancy. If they are going to go with one server in one of the offices a new fiber line would need to be put into place between the Appraisal District and the Tax Office so that they could get good performance, the cost is to be determined on that." Discussions continued regarding if there was a single server, which location would be best to house it. Challenges and benefits of having two servers as well as a single server was discussed back and forth.
Debora Riley spoke, "The reason why I wanted this on the agenda is because we know Mr. Pigg is going to have to have a new server, he's going to have to put that into his budget probably this year. So, this gives you a little bit of time for your questions. If you have more questions in the future, you know who you can contact to ask those questions. I'm going to need one [server] back to back with him so this is why we thought maybe we might do one server but we didn't know all of our options. So, this is just to let us know what our options are." Discussion continued and no decision were made. The internet connection between the offices would be a deciding factor and Bobby Pigg agreed to get more information back to the court regarding the internet and options.
Constable Pct. 5 Josh Tipton's racial profiling report was presented to the court for acceptance. In discussion, Commissioner Roscoe McSwain asked where the information presented in the report came from, was the data compiled by dispatch. Constable Pct. 4 Taylor Fanguy responded to say officers are responsible for keeping the data. Commissioner McSwain said the question was just curiosity and the motion carried to approve the report.
A resolution was approved by the Commissioners regarding any commercial oil and gas treatment disposal and recycling facilities and transfer stations. The resolution was presented by a group of citizen's from the Paxton community and Terry Allen spoke on their behalf, "What we are here this morning to try to do is to get a resolution passed getting some common sense rules in place for these oil and gas petroleum facilities. We all agree that there is a definite need for these types of operations but they need to be placed in areas where it doesn't impact any of our ground water, our water wells, our community systems." Allen presented the Commissioners with a map that shows all the water wells, springs located in the near proximity of the proposed facility in the Paxton area. The Paxton group has been fighting the opening of a waste disposal facility planned in their area.
Whereas, in this resolution, adopted on March 16, 2022 during Commissioners Court; County Commissioners resolved that;
Whereas, Shelby County Commissioners Court has the responsibility of maintaining a safe and healthy environment for its citizens; and
Whereas, County Commissioners Court also has the responsibility to protect and promote stable or increased property values; and
Whereas, County Commissioners Court has the responsibility to protect and ensure quality drinking water standards throughout the county
Now therefore, let it be ordained by the Shelby County, Texas Commissioners Court, and do hereby order and decree that the following guidelines be adhered to;
Any Commercial oil and gas Treatment, Disposal, and Recycling Facilities and Transfer Stations may not be located in any area, where any portion of the facility property boundary is;
1. Within 1/4 mile of public water supply water well or within 1,000 feet of a private water well.
2. Within 1/4 mile of a surface water supply or lake.
3. Within 1,000 feet of residential, commercial, or public building (other than a school or hospital).
4. Within 1,500 feet of a school, hospital, or public park.
It is further ordered that these guidelines shall take effect and be in full force from and after the date of its passage.
Judge Harbison advised the county would post the resolution to the county's website to make it available. Bellymer added he felt the facility would negatively affect the areas property value, "It is unfortunate that we have a company to come in to bring, if I remember right, Terry you can correct me, I think the business model from McBride was for about 75% of all the drilling waste coming in would come from out of state. And thats unfortunate because McBride can't build it in Louisiana because they have laws that are so stringent that they, its prohibitive to build that facility in Louisiana because we have no guidelines, no procedures, no policies, no laws to protect the citizens that live in the county." He continued, "I encourage new industry to come to our community, I do, don't get me wrong. But I also want new industry that comes to our community to be a good neighbor."
"It helps let the Railroad Commission know that we're concerned about this," said Judge Harbison.
"But also as counties, San Augustine, Shelby County, different counties start passing these resolutions within their county, somewhere, we're going to finally have a state representative that will look into, that will support these counties, that will come and stay with it to the end. I think its important; if you don't do anything, then everybody will think its ok," finished Commissioner Bellmyer.
Items approved: 1. Pay weekly expenses 3. Current Payroll 4. Seeking applications for Pct. 4 appointment and set deadline of noon March 22nd. 5. Move forward with plumbing repairs at the jail to the second hallway with the estimated cost of $75,000 to be paid from CRF funds. 7. Record Racial Profiling Report for Shelby County Constable Pct. 5. 8. Resolution regarding any commercial oil and gas treatment disposal and recycling facilities and transfer stations. Items tabled: 9. Discuss and possibly approve Procurement Policies and Procedures. 10. The plat presented by Darin Borders regarding a new subdivision on CR 3736 and approval of the county accepting taking maintenance of 1,400-1,500 feet of new road in the subdivision.