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January 15, 2019 - A local UPS delivery man was pinned between two vehicles in a parking lot in Center on Tuesday, January 15, 2019 as he was making deliveries.
According to Center Police Sgt. Jake Gross, the victim of the incident Hector Hernandez, 52, of Diboll was standing in front of a brown 2010 Freightliner UPS truck helping to direct a vehicle which was backing up.
At that time Gabriella Jones, 45, of Carthage was backing up a tan 2014 GMC pickup truck, belonging to a customer, out of a parking space. As Hernandez was directing her backwards, there were unforeseen complications with handicap floor pedals that had the brake and gas pedals reversed from what they usually would be.
While trying to slow down, Jones unintentionally applied the gas pedal and the vehicle sped back, lodging Hernandez between the Freightliner and the GMC. Hernandez was able to be freed relatively quickly, and he was transported by ambulance to Nacogdoches Medical Center - Shelby Emergency Department for treatment of his injuries. He was later released.
January 9, 2019 - During the Shelby County Commissioners' Court meeting held Wednesday, January 9, 2019 Roscoe McSwain, Commissioner Precinct 1, inquired with Clint Porterfield, County Auditor, about the cost of overtime in the Sheriff's Department resulting from the Christmas and New Year holidays as he noticed an increase.
He also asked if the Sheriff's Department was "short-handed," and Porterfield said, "no."
Porterfield explained there were four holidays this year affecting overtime whereas the previous year included only three holidays.
"It's about $19,000, it was about $14,000 last year but we had three holidays last year. We had four this year," said Porterfield.
McSwain stated it should be considered that adding the fourth holiday increases the overall cost to the county. The 2018 year had three days for Christmas and the addition of another day for New Years Day.
Ann Blackwell, County Treasurer, presented the commissioners with the financial report for the county. She expressed excitement over the interest earned on Certificates of Deposit and other investments which garnered almost $11,000.
As of January 8, 2019, the financial report shows the General fund with a balance of $670,449.28; Road and Bridge Precinct 1 with a balance of $697,660.93; Road and Bridge Precinct 2 with a balance of $563,351.05; Road and Bridge Precinct 3 with a balance of $497,396.27; Road and Bridge Precinct 4 with a balance of $423,586.45.
The Indigent Health Care Fund 55 had a balance of $558,314.53, and Right-of-Way Fund 54 had a balance of $55,197.90.
Included in the expenses approved by the commissioners to be paid, Shelby County schools are to receive $175,103.98 in ONRR mineral distributions, Center ISD: $43,353.04; Joaquin ISD: $26,223.30; Tenaha ISD: $12,477.22; Timpson ISD: $33,413.56; Shelbyville ISD $53,926.95; and Excelsior ISD $5,709.91.
A motion carried to approve the report presented by Blackwell.
A correction on a General Warranty Deed was considered by the commissioners. The correction was filed to correct information included in a deed in 2011 which referenced two tracts of land; however, only one tract of a 40 foot strip of land was intended to be included. The tract was originally deeded from Albert H. Burns to Shelby County.
A motion carried by the commissioners to approve the correction to the deed.
The meeting adjourned at 9:12am.
Officers' report
Fees collected per office for December:
Deborah Riley, Tax Assessor/Collector, office: Property: $1,389,044.58; Motor Vehicle: $34,894.66 for a total of $1,423,939.24
Jennifer Fountain, County Clerk: $22,564.57
Lori Oliver, District Clerk: $7,572.33
Melissa Crouch, Justice of the Peace Precinct 1: $7,181
Marla Denby, Justice of the Peace Precinct 2: $263
Margie Anderson, Justice of the Peace Precinct 3: $1,325
Jackie Kirkwood, Justice of the Peace Precinct 4: $3,617.33
Mike Crouch/Tracy Broadway, Justice of the Peace Precinct 5: $3,107
Zach Warr, Constable Precinct 1: $455
Robert Hairgrove, Constable Precinct 5: $90
Grand total: $1,469,569.47
Total interest accrued on CDs was $1,587.28
Money Market $3,011.31
TexPool $6,185.54
Total interest earned on investments: $10,784.13
Market book value of all investments: $7,184,899.90
Agenda items approved during the meeting include:
1. Minutes of the December 5, 2018 Special meeting, December 12, 2018 Regular meeting, December 19, 2018.
2. Pay weekly expenses.
3. Current payroll.
4. Officers Report.
5. Correction to deed transaction on a tract of land that was deeded to the County by Albert Burns Estate on November 2, 2011.
6. Adjourned 9:12am
January 8, 2019 - A driver involved in a crash on State Highway 7 West in the Mt. Herman Community, just under seven miles from Center, was flown by helicopter to Shreveport following a major crash Tuesday, January 8, 2019.
Center Fire Department and West Shelby County Volunteer Fire Department were dispatched to the location along with EMS and law enforcement personnel.
Firemen performed the tedious task of extricating the driver from the pickup truck involved in the crash while EMS saw to his medical needs. Sheriff's Deputies and firemen stopped traffic in the highway for an inbound helicopter, while they attempted communication from the ground with the helicopter.
According to Texas Department of Public Safety State Trooper Taylor Buster, at 3:35pm a black 2012 GMC 1500 pickup truck driven by Eliezer Briones, 27, of Nacogdoches was westbound on State Highway 7 West.
At that time, Briones fell asleep and the truck left the roadway to the right. The GMC traveled a short distance before traveling through a fence and striking a large pine tree with its front left side.
A landing zone was established in the middle of the highway and Briones was transported by Life Air Rescue to LSU Hospital in Shreveport for treatment of unknown injuries.
Additonal information is not available at this time.
January 8, 2019 - The jury that has been summoned for Monday, Janaury 14, 2019 for the 273rd District Court, Honorable Judge James A. Payne, Jr. 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.
January 8, 2019 - U.S. Highway 59 North south of Timpson was the scene of a major single-vehicle crash Wednesday, January 2, 2019.
According to Texas Department of Public Safety State Trooper Jonathan Stinson, at around 3pm a white 2014 Dodge Ram pickup truck driven by Dale Allen Gaura, 44, of Bossier City, LA was northbound on U.S. Highway 59.
At that time the truck hydroplaned and traveled off the right side of the roadway where it struck a tree head-on.
Also occupying the vehicle were two female passengers age 9 and 15, as well as one male passenger age 14.
Gaura and the 9-year-old sustained possible injuries and were transported to Nacogdoches Memorial Hospital for treatment.
Timpson Volunteer Fire Department was on scene and used Jaws of Life to extricate the driver and divert traffic around the crash scene.
Trooper Stinson was assisted at the scene by DPS Cpl. Jimmy Faulkner and Trooper Taylor Buster.
January 7, 2019 - FM 139 near CR 3405 was the scene of a major single-vehicle crash December 31, 2018 to which several emergency units responded; however, no one from within the vehicle could immediately be found.
According to Texas Department of Public Safety State Trooper Keith Jones, at 6:58pm a black 2000 Ford F150 driven by Russell Thomas Jones, 39, of Joaquin was northbound on FM 139.
As the Ford entered into a curve, it did so at an unsafe speed and exited the roadway to the right and struck a tree with its right passenger side, causing major damage.
Russell was unable to be located when emergency personnel, including law enforcement, firemen and EMS, arrived at the scene.
He was later located and was issued citations for unsafe speed and failure to report non injury accident at once.
Trooper Jones was assisted in the investigation by Texas Department of Public Safety State Trooper Jesse Fountain.
January 7, 2019 - FM 3184 was the location of a large house fire Friday, December 28, 2018 at around 3pm, to which several fire departments and EMS responded with the additional concern someone may still have been inside.
Upon arrival at the Ferrebee residence, firemen were relieved of that concern as the person thought to be inside was located; however, the over 6,000 square foot two-story wood frame home with cypress siding was fully engulfed in flames.
Huxley Volunteer Fire Department (HVFD), Shelbyville Volunteer Fire Department (SVFD) and Center Fire Department were all dispatched to the scene. HVFD and SVFD firemen extinguished the flames around the structure and tried to put down the remaining blaze within the former structure.
Vehicles around the fire were damaged and destroyed as a result of the blaze, including a Chevrolet dually pickup truck, a tractor and other vehicles.
A cause could not be determined at the time of the fire.
Update: A donation account has been established at Shelby Savings Bank for Charles and Cathy Conway who lost their home and everything in it to fire yesterday, January 6th. The account is under Charles and Cathy Conway House Fire.
January 7, 2019 - The Shelbyville Volunteer Fire Department and the Center Fire Department were both dispatched to a house fire in the Neuville Community on Sunday, January 6, 2019.
The fire departments were paged out just before 3pm. Upon arrival, the house was already fully engulfed in flames and it was to late for the home to be saved from the fires destruction. Firemen were able to prevent it from spreading to nearby structures.
The homeowners, Charles and Cathy Conway, were away when the fire started. It is unknown what started the fire but it appears to have orginated near the living room area.
Judge Harbison (right) swears in newly elected District Judge James A. Payne, Jr. (left) while wife Jill Payne (middle) holds the Bible.
January 3, 2019 - An investiture ceremony was held Thursday, January 3, 2019 in the 273rd District Courtroom for newly-elected Judge, Honorable James A. Payne, Jr. with a courtroom full in attendance.
Shelby County Judge Allison Harbison started the ceremony saying, "I'm so honored that Judge Payne asked me to do this today." Judge Harbison then invited Clint Porterfield, County Auditor, to give an invocation.
She recognized elected officials present at the ceremony: Shelby County District Attorney Stephen Shires, SC District Clerk Lori Oliver, Shelby County Clerk Jennifer Fountain, SC Pct 1 Commissioner Roscoe McSwain, SC Sheriff Willis Blackwell, SC Tax Assessor/Collector Deborah Riley, City of Center Mayor David Chadwick, City of Center Mayor Pro Tem Leigh Porterfield, City of Center Manager Chad Nehring, Former County Judge Rick Campbell, Sabine County Sheriff Tom Maddox, District Attorney from Sabine and San Augustine Counties Kevin Dutton, and San Augustine County Judge Jeff Boyd.
Judge Harbison invited Judge Payne's wife, Jill, to hold the Bible as the pledge was recited, "I, James A. Payne, Jr., do solemnly swear that I will faithfully execute the duties of the office of the 273rd Judicial Judge of the State of Texas and will to the best of my ability protect, preserve, and defend the constitution and the laws of the United States and of this State so help me God."
From left: Charlotte Markowski, Jennifer Figge, James Payne, James Allen Payne, District Judge James "Jim" Payne, Maddie Payne, and Jill Payne.
After being sworn in, Judge Payne gave thanks to his family and recognized family members in attendance - cousins Polly Montemayor, Jeannie Gaines, and Emily Glass; sisters Jennifer Figge and Charlotte Markowski; and children James and Maddie Payne; and father James Allen Payne. He gave special recognition to his wife, Jill, "Thank you for everything you've done for me. I've got the best wife of all the wives. I would literally not be here in this position today if it were not for my wife Jill."
Judge Payne then shared a story about his father which is the man he is always trying to emulate. He had just learned recently that his father representing Sabine County along with Bob Fairchild representing Shelby County and Charles Mitchell representing San Augustine County were the three attorneys who traveled to Austin to testify in front of the legislature about the need to form the 273rd Judicial District Court.
After sharing a few more stories with the audience about his time in the justice system, he said, "I'm very happy that I get to stay in the courtroom but serve on the bench. This is all I want to do... and hopefully I get to serve the remainder of my career here."
He finished by sharing a quote attributed to Socrates - “Four things belong to a judge: to hear courteously, to answer wisely, to consider soberly, and to decide impartially.” He said that is what he is going to aspire to do and he appreciates everyone giving him the opportunity. He plans to follow the quote with humility and East Texas common sense as well.
From left: District Clerk Lori Oliver, County Clerk Jennifer Fountain, County Treasurer Ann Blackwell, Pct 2 JP Marla Denby, Pct 5 JP Tracy Broadway, and Pct 4 JP Jackie Kirkwood.
January 2, 2019 - Eight newly elected officials were sworn-in during the Shelby County Commissioners' Court meeting on Wednesday, January 2, 2019.
Administering the oaths of office to the officials was Allison Harbison, Shelby County Judge. Officials sworn-in include Jimmy Lout, Precinct 2 Commissioner; Tom Bellmyer, Precinct 4 Commissioner; Lori Oliver, District Clerk; Jennifer Fountain, County Clerk; Ann Blackwell, County Treasurer; Marla Denby, Precinct 2 Justice of the Peace; Tracy Broadway, Precinct 5 Justice of the Peace; and Jackie Kirkwood, Precinct 4 Justice of the Peace.
Once the officials took their oaths of office the meeting moved forward with other agenda items.
From left: County Judge Allison Harbison, Pct 2 Commissioner Jimmy Lout, and Pct 4 Commissioner Tom Bellmyer
The commissioners approved a motion to pay weekly expenses with the caveat to not pay two invoices to ASCO Equipment.
Commissioner Bellmyer pointed out one piece of equipment from ASCO Equipment has yet to be received by the Commissioner 4 Precinct and he requested holding up on the payment until the equipment is received. It was agreed a check would be issued, and once the situation is straightened out Bellmyer will give the check to ASCO Equipment.
A motion carried by the commissioners to adopt a resolution designating authorized signatory's for the 2018 Texas CDBG program contract 7218440. Judge Harbison explained a resolution had previously been adopted by the commissioners; however, the grant program now requires two signatories be included. Clint Porterfield, County Auditor, will be added in addition to Judge Harbison's name.
Judge Harbison explained for the benefit of the commissioners and representatives of the Shelby County Children's Advocacy Center (SCCAC), Capital Credits for Fiscal Year 2018 to be disbursed were requested of the Comptroller late in 2018. A check wasn't received and Ann Blackwell, Treasurer, contacted the Comptroller's office. They decided to cancel the original check and issue another. Judge Harbison stated, the cancelled check was finally received, but they have not yet received its replacement.
A motion carried to table the Capital Credits until the payment of $18,095.18 is received.
The SCCAC and CASA are designated to receive these funds whenever they are available. Stephen Shires, Shelby County District Attorney, spoke on behalf of the SCCAC board explaining the funds go to help education and prevention, investigation, prosecution and helping family and child heal after.
"We train every single teacher in Shelby County on how to recognize child abuse, and how to properly report it and what to do," said Shires. "We have Happy Bear Program where we can go in and see every elementary age kid in Shelby County and teach them about what the proper boundaries are."
Josh McAdams, SCCAC Board member, was also present for the meeting and he introduced Anna Register as a forensic interviewer and family advocate for the SCCAC.
Due to the abuse of the restroom facilities at the Shelby County Courthouse, and the regular need of a plumber for toilets clogged with paper towels, a motion carried for the replacement of the paper towel dispensers currently in the bathrooms on the second and third floor of the courthouse with two wall mounted hand dryers in each bathroom.
Conversation relating to the continuation of the reserve officer, Newton Johnson, Jr., for Constable Precinct 3 was had. Charles Barr, Commissioner Precinct 3, said he has spoken with several private citizens and civic organizations around the Joaquin area including the fire department, school and city about the usefulness of the reserve officer.
Mike Cummings, Jr. who is a member of the Joaquin City Council gave his opinion during the meeting about the use of a reserve deputy.
"Mr. Newton [Johnson] here for precinct 3 has been a real help for us, you know, controlling traffic in school zones and things of that nature," said Cummings. "Where Mr. Roy [Cheatwood] often isn't available, somebody's always there now."
Cummings asked for the arrangement to continue as it has been. Barr said all he has heard has been positive and Judge Harbison mirrored that opinion.
A motion carried to continue the current arrangement with the addition the commissioners can end the arrangement anytime it needs to should any problems arise.
The meeting was adjourned.
Agenda Items approved during the meeting: 1. Swearing in of elected officials. 2. Bond for Justice of the Peace Precinct 1. 3. Approve and pay weekly expenses, issue a check to ASCO Equipment for Commissioner Bellmyer to pay at his discretion. 4. Current payroll. 5. Adopt resolution to designate authorized signatories for the 2018 Texas CDBG program contract 7218440. 6. Approve mileage rate change of .58 per mile in accordance with IRS Standard Rates. 7. Disperse Capital Credits for FY 2018. 8. Replace paper towel dispensers in the restrooms on the 2nd and 3rd floors of the Shelby County Courthouse with wall mounted hand dryers. 9. Install a wall mounted baby changing table in the ladies restroom on the 2nd floor, at a cost of $140. 10. Designate a room/private space just off the community room in the courthouse for nursing mothers. 11. Continue the reserve officer for Constable Pct. 3 with the additon of allowing the commissioners to end the agreement at anytime should any problems arise. 12. Adjourn.
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