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November 1, 2016 - FM 947 two and a half miles outside of Tenaha was the scene of a single-vehicle rollover from which two people involved were taken to the hospital.
The Tenaha City Marshal's Office, Tenaha Volunteer Fire Department and ACE EMS were all initially dispatched top the scene of the crash to help those involved.
According to Texas Department of Public Safety State Trooper Austin Lunsford, at approximately 4:44pm a 1995 Infinity passenger car driven by Sylvia Jeanett Hodge, 32, of Gary was traveling west on FM 947. The Infinity left the roadway to the right and began to roll into the westbound bar ditch of the roadway.
Field sobriety tests were conducted and Hodge was found to be intoxicated. She was transported by ACE EMS to Tenaha where she was life-flighted to LSU hospital in Shreveport with incapacitating injuries.
Hodge's passenger Jeremy Blane Rhodes, 41, of Gary was transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department with non life threatening injuries.
November 1, 2016 - Following an executive session of the Tenaha City Council, a motion carried to appoint Elizabeth Municipal Court Judge. Darren Gray was then approved as the rehire as Deputy Tenaha City Marshal following a motion.
During officers reports, Marshal Jimmy Wagstaff stated there are several ordinances and codes that are going to begin being enforced, because they have to be enforced.
Sheryl Clark, City Secretary, said she really thinks the team of employees is strong and and they are working well together.
"I want to thank you for giving Elizabeth [Swint] a chance here to represent the City of Tenaha as the Judge. She's going to do a fantastic job," said Clark.
Mayor Jernigan informed the council and community of a letter submitted by Michael Baker, alderman. Baker informed the city he has resigned his position effective immediately on October 23, 2016.
Natalie Harris, alderman, stated to Swint she is excited about her stepping into the position as Municipal Court Judge and she believes she will be great at the job.
Mayor Jernigan welcomed Swint to her position and stated he believes she will handle the job responsibly, which is all anyone can ask of her.
Council heard an estimate for projected repairs on Cemetery Road and Houston Street. The projected cost for each street was $6,500 for Houston Street and $21,000 for Cemetery Road as presented by Pierce Construction. Mayor Jernigan explained the city has not yet sought bids on the project and got a cost estimate from the company.
Cliff Lloyd, alderman, asked for the city to contact Blazer Construction about an estimate on the project. He commented Bradley Allen, Commissioner Precinct 4, had done some work on the Cemetery Road in the past.
The council reviewed and discussed nuisance ordinance #20-06-20-3. Mayor Jernigan explained to the council the ordinance is already on the books and he was not seeking action from them, instead he wanted them to be aware there are several ordinances he intends to address in the coming months for the city to begin enforcing.
Jernigan stated the only thing the council will likely have to revisit on the nuisance ordinance is a fine fee schedule. He explained the ordinance includes such things as junk cars, overgrown trees, overgrown property and trash in a yard among other things. Mayor Jernigan said enforcement will come after proper notification to anyone in violation of the ordinance.
Becky Barker addressed the council during public comment about water supply to McNeill Park. She stated in speaking with Mayor Jernigan the water supply to the park is a low priority. She stated, with homecoming in mind, several other citizens and herself with the assistance of a city worker planted roses and shrubs around the park.
Barker is very proud of how the quickly put together project worked out and she asked the city to install a water line and hydrant in the park as soon as possible in order to water the plants. Efforts have been made by Barker and her husband to water the plants via a 5 gallon bucket, but this has proven to be an arduous task. She asked the council to consider the request to help spruce up the park and city.
Mayor Jernigan said he would be speaking with the Director of Public Works about using a grass truck to provide water for the time being.
The meeting adjourned at 6:09pm
Agenda items approved during the meeting: 1. Minutes from September 26, 2016 Regular Scheduled Council Meeting and October 20, 2016 Special Called Council Meeting 2. September 2016 Financial Report. 3. TMRS Retirement Eligibility - Reduce From Current 25 Years to 20 Years. 4. Municipal Judge appointment of Elizabeth Swint. 5. Rehire of Deputy City Marshal Darren Gray. 6. Adjourn at 6:09pm.
Related article:
Swint Sworn in as Tenaha Municipal Court Judge
October 31, 2016 - Law enforcement from Shelby County joined in on a high-speed chase that began in San Augustine County Saturday, October 29, 201.
As the chase closed in on Center, Shelby County Sheriff's Deputies, Center Police Department officers and Texas Department of Public Safety State Troopers were ready.
According to Joey Haley, San Augustine Police Department Detective, he and his partner Mike Price attempted to serve an arrest warrant on Kenneth Jenkins for probation revocation. Jenkins fled in a vehicle north on U.S. Highway 96 at speeds up to 130 mph. On more than one occasion he passed cars in the construction zone in San Augustine County nearly going head on into oncoming traffic.
All of the units from Shelby County then joined in on the pursuit and traveled into San Augustine County.
Haley says when Jenkins saw Center PD and DPS had Highway 96 shut down at Loop 500, he made a u-turn and fled back to San Augustine where he finally stopped at his residence on Hilltop Avenue.
Detective Haley arrested Jenkins for evading arrest in a motor vehicle, the original warrant and wrote him several additional citations.
October 30, 2016 - Emergency personnel from Timpson and Texas Department of Public Safety units responded to County Road 4694 for a major crash on Sunday, October 30, 2016.
According to Texas Department of Public Safety State Trooper Taylor Buster, at 1:55pm a white 1998 Jeep Cherokee driven by Deborah Parker, 47, of Spring Hill Louisiana was traveling south on CR 4694.
Two miles from the intersection with FM 947 Parker lost control of the Jeep due to unsafe speed, causing the Jeep to collide with a tree and come to rest on the passenger side facing north, and trapping Parker.
Timpson Volunteer Fire Department used Jaws of Life to extricate Parker from the vehicle and Timpson Volunteer Ambulance Service transported her to Nacogdoches Medical Center - Center Emergency Department for treatment of her injuries.
A 16-year-old female passenger who is Parker's daughter was unharmed in the crash. Trooper Buster was assisted at the scene by Trooper Dustin Ramos. Timpson Police Officer Jake Metcalf also responded with additional emergency units.
October 28, 2016 - Shelby County is under a burn ban per an order by County Judge Allison Harbison which was put into effect on October 24, 2016.
As a result, all outdoor burning is prohibited in unincorporated areas of Shelby County aside from any burning which may be carried out by federally certified agencies.
This burn ban can stay in place for up to seven days and may be extended by the Shelby County Commissioners' Court. A special meeting of the commissioners' court has been set for Monday, October 31 to consider ratifying the burn ban and keep it in place, or to discontinue the ban.
Read the full order by clicking here
October 26, 2016 - AUSTIN – Texas Attorney General Ken Paxton today cautioned consumers about the dangers of wearing decorative contact lenses for Halloween costuming or cosmetic reasons. The decorative lenses, also marketed as “costume,” “fashion” or “colored” lenses, pose potential serious risks to eye health, including infections and loss of vision.
Before buying decorative lenses, the attorney general’s Consumer Protection Division (CPD) recommends the following precautions:
- Always visit a licensed optometrist or ophthalmologist for proper fitting of cosmetic contact lenses.
- Never buy contact lenses without a prescription; Texas law does not exempt cosmetic lenses from the prescription requirement.
- Buy contact lenses from a seller that requires you to provide a prescription, whether you purchase in person or online.
- Avoid buying lenses from street vendors, convenience and dollar stores, flea markets and novelty stores.
Last month, the attorney general’s office obtained settlements with 21 San Antonio-area convenience and dollar stores for selling contact lenses without prescriptions. Store owners agreed to pay $50,000 in civil penalties and attorney fees, and to permanently stop selling the lenses.
CPD is charged with enforcing a variety of state and federal consumer protection laws. Consumers in the state have received hundreds of millions of dollars in refunds, services, debt forgiveness or loan restructuring because of the work of the division. In addition to penalties and restitution, CPD has collected millions of dollars in attorneys’ fees, which have saved taxpayer dollars by helping to replenish funds allotted to the division’s mission to protect consumers.
CPD also receives and reviews complaints submitted to the office by consumers; while the attorney general is prohibited from representing such individuals, these complaints are used by the office to help shape priorities and identify issues affecting Texans. Consumers can file complaints by visiting: https://www.texasattorneygeneral.gov/cpd/file-a-consumer-complaint
October 24, 2016 - Shirley Shofner, Center resident, addressed the commissioners on what the county's response or action might be concerning problems encountered in the Timpson area with earthquakes in recent years and the possibility of it happening again in the future.
"I have been in contact with Senator Nichols office. In 2014 he had a meeting in Nacogdoches, a good many of Shelby County residents were there. We had someone there, we had the executive director of the Railroad Commission there, as well as the state geologist. I have not got the results from what the state found, but I have been in contact with Senator Nichols' Office and they're trying to get some data to me," said Judge Allison Harbison.
Judge Harbison said she isn't sure why a report from the Railroad Commission and state geologists office has not been received by her office. She stated Senator Nichols' office is working on getting that report for her. She said the problems are pointed at the injection wells which are administered by the Railroad Commission.
Shofner asked if there is nothing the county can do, and Judge Harbison said she doesn't believe the county has power over it, but the permits for injection wells come through the Railroad Commission.
"The county has no authority over this, the injection wells is a Railroad Commission permit and they don't ask the county or anything about any of that," said Judge Harbison.
Shofner asked if the county can't object to the Railroad Commission and Judge Harbison agreed that anyone can make such an objection. Shofner felt under those circumstances it would make a greater impact if the county were to issue an objection.
"It possibly would, I don't know, I know those reports are put on file in the [County] Clerk's office. As far as getting the reports directly, I don't get them directly, the County Clerk does," said Judge Harbison.
Shofner said she doesn't want everyone to wait until something happens again before doing anything. Judge Harbison said she agrees and that was why she attended the meeting in 2014. Shofner shared concerns over a large piece of property, 500 acres, being developed for saltwater injection.
Roscoe McSwain, Commissioner Precinct 1, asked for Travis Rodgers, Commissioner Precinct 3, to comment on the fight which was had on the Haslam Strip in Joaquin and numerous people objected to wells being put in there, but the wells are there.
"Railroad Commission will not listen, and people have got to realize too it goes back to all that money and the lobbyists and power," said McSwain.
Rodgers stated, "It is strictly controlled by the Railroad Commission. The state of Texas, county at the time that we checked on it had no say so whatsoever. We do not have to sign any paper, we do not have to agree to anything. The only thing that we can do as far as saltwater, if we can catch them, is charge them for damage on the road if they're caught and you've got to have documentation on that," said Rodgers.
McSwain commented on the stiff regulations in Louisiana regarding saltwater injection compared to what he suggests is more lax oversight in Texas, "They can't dump it at night and things like that, well we're catching all of it and getting all the damage over here."
"All the contaminated saltwater they couldn't dump in Louisiana or didn't dump in Louisiana they brought it to Texas and that was one of the main complaints that we had," said Rodgers.
Jim Barrett, a Timpson resident, was at the 2014 Railroad Commission meeting and when asked why Louisiana could send the saltwater into Texas and it couldn't be stopped by Texas, "they said that was controlled by the Interstate Commerce Commission. So not even the Railroad Commission could stop them once the well was there."
Judge Harbison said she is looking forward to a report from Senator Nichols office.
"I will get back with Senator Nichols Office, because he's the one that had the meeting and to see if what was decided or if anything was decided and let them know that there's still objections in the Timpson area," said Judge Harbison.
The contract for 9-1-1 exclusivity, which ACE EMS has maintained since 2012, is up for renewal and a motion carried for the advertisement for ambulance services for 9-1-1 dispatch.
"The contract is gonna be up in December and we need to advertise for that. I've gotten, of course ACE [EMS] is interested as well as another ambulance service, Force [EMS] is interested so I think we need to advertise for that for them to give us proposals," said Judge Harbison.
Also approved during the meeting was to pay monthly expenses and Fiscal Year 2016 budget line item transfers.
The meeting was adjourned at 9:44am.
Since the occurrence of earthquakes in the northern portion of Shelby County, scientific studies began to determine the cause of the tremors. As time has passed, reports have been produced from the findings of the scientistific community and are accessible online. Some are free to access, and more recent reports are partially available with the option of paying to delve further into the research findings.
This report is one which was written in 2012, and suggests the possibility of fluid injection as the cause of the earthquakes: The 17 May 2012 M4.8 earthquake near Timpson, East Texas: An event possibly triggered by fluid injection
The following article is available for brief review and offers the ability to read further for a fee: Geomechanical analysis of fluid injection and seismic fault slip for the Mw4.8 Timpson, Texas, earthquake sequence
Shelby County Today was in attendance for the 2014 meeting held in Nacogdoches with Railroad Commission representatives. The following is the article from that meeting: Timpson Citizens Share Earthquake Woes with Railroad Commission Representatives
October 24, 2016 - Shelby County Commissioners held a regular meeting on Monday, October 10, 2016 in the Courthouse to tend to county business. Judge Allison Harbison welcomed everyone and opened the meeting.
Sherry Riley, Veterans Service Officer, addressed the court concerning the county going out for a grant for the Veterans Transportation Assistance Program, a $20,000 general assistance grant. "Shelby County Veterans Service office proposes to apply for a $20,000 general assistance grant through the Texas Veterans Commission. This grant would be used to provide transportation reimbursements to veterans, their surviving spouses or to volunteers who provide transportation to any qualified veteran, their surviving spouse, or volunteer that requests travel assistance to VA medical appointments. All qualified veterans and their spouses of Shelby County, San Augustine County, and Sabine County, this is going to be a three county, it's going to assist the veterans from all three counties that qualify." The grant is due the 29th of October. It benefits everyone to combine all three counties in qualifying for the funding. San Augustine received the grant in the past and Riley administered it which gives her past experience with the grant.
Judge Harbison said inter-local agreements between the three counties is included and said, "This is a very worthwhile program, a lot of our veterans are homeless, a lot of them don't have vehicles, a lot of them are unable to drive back and forth. And in the past it has been a great thing and I think anything that we can offer our veterans to help them, its a win-win for us."
Sherry Riley commended the local VFW Post members who are wonderful to volunteer their time and the expense of their gas and travel to take veterans to Shreveport, Lufkin, and Longview for appointments. She said the grant will help them to get reimbursed for their expenses. The Commissioners approved moving forward with the grant application as well as the inter-local agreements between the counties.
"We are trying to get an updated personnel policy. We called in our Texas Association of Counties (TAC) representative, Diana Cecil, and she has been helping us with this. We have not had a formal drug policy, drug testing policy on CDL drivers and she provided me with some information for employers and I feel, as an employer, we need to be in compliance with all federal and state regulations. We need to think of this as employers, not as the people that has the business, we need to think of it as the public business and that is what we are here to do, is public business. I know in the past it has not gotten passed to do this but I really think that we need to consider it," said Judge Harbison.
"The reason we wanted to have a third party to administer this is it takes the monkey off of our back, Clint [Porterfield]'s back, and anybody else's back from doing it. It will be an independent company doing it instead of the county actually doing it." The recommended company which is used by Deep East Texas Electric Cooperative, Tyson, Ricky Lout, and many more in town who contract with them to administer the program. The test site would be local and wouldn't require anyone to go out of town for testing. Judge Harbison implored the court it is necessary to get this in place before the personnel policy update can be finished.
The Shelby County Sheriff's Department has a different program in place and the policy would not affect what the Sheriff's Office does. The policy only affects county employees driving county equipment who have a CDL. Commissioner Pct 2 Jimmy Lout spoke up, "All my employees don't have CDLs but they drive a road grader or brush truck. I think we need to kind of reword that [to include all county employees driving county equipment]." Judge Harbison agreed with Commissioner Lout stating additional law, "Additionally under the Safe Roads Act 2012, that congress had provided for civil penalties actions against [persons who violate the requirements of this Act]." Reference: S.754 — 112th Congress (2011-2012)
Upon being questioned about who the law applies to, Clint Porterfield responded, "It doesn't apply to staff or equipment operators. It solely applies to vehicles on the road and those who have the license to drive them."
Following a long silence from the Commissioners, Judge Harbison spoke again, "Our insurance company has requested that we get this in place." Once again, no comments were made by the commissioners. Harbison requested, "Do I have a motion that we go forward with this or do we want to table it?"
Lout was the only commissioner to respond saying, "I think we should table it and ask Gary [Rholes, County Attorney,] what all, if everybody needs to be drug tested. We also need to put in there, I think, if you hire new employees that they be drug tested. It is more than just CDL drivers to me. I think all CDL drivers need it but there is some other people that also need it. I think we should talk to Gary before we make a decision."
Silence enveloped the court room again and Harbison said, "We have got to look at this, not as an individual, but as a business that has CDL drivers and people that are driving county vehicles. If this was a personal business, you could pick and choose whether you followed these rules and regulations, but as a public company that runs on public funds and public money, I feel like we have got to seriously consider doing this."
"I just wanted to bring it up and let's start talking about it so we can get it done. Hopefully, get the personnel policy done by the end of the year and incorporate the drug and alcohol policy in there also. There is no use in doing one without the other at this point until we make a decision. I have a motion to table this issue, speak to Gary, look into it some more. Do I have a second?" said Judge Harbison.
Silence. No second. "Well, I'm gonna second it just to see how you vote. So, I will second it." Commissioner Lout and Judge Harbison were the only ones to give a yes vote. Commissioner Roscoe McSwain, Commissioner Travis Rodgers, and Commissioner Bradley Allen voted to not table the item relaying their desire to not address the issue again.
Judge Harbison finished saying about the agenda item, "Okay, so we will be non-compliant with Federal Law. Okay."
Officers' reports presented by Ann Blackwell: Fees collected for the month of September 2016 Debora Riley, Tax Assessor Collector (Property $36,092.74, Motor Vehicle $29,304.27) Total $65,397.01 Jennifer Fountain, County Clerk $32,226.57 Lori Oliver, District Clerk $14,349.57 JP1 Maxie Eaves $6,006.00 JP2 Marla Denby $1,353.73 JP3 Margie Anderson $4,333.00 JP4 Jenny Hicks $1,621.00 JP5 Mike Crouch $3,268.00 Constable 1 Zack Warr $900.00 Constable 2 Jamie Hagler $0.00 Constable 3 Billy Hearnsberger $360.00 Constable 4 Bryan Gray $170.00 Constable 5 Robert Hairgrove $270.00 Total fees collected: $130,256.88 Certificates of Deposits & Investments (Interest Earned) $529.80 for total investments of $1,784,221.66 Interest Bearing Checking Accounts earned $623.42
Agenda items approved: 1 - Minutes of the September 12, 2016 regular meeting, September 26, 2016 special meeting, and September 26, 2016 budget meeting of the SC Commissioners' Court. 2 - Payment of monthly expenses 3 - Officers' reports 4 - Financial report given by Treasurer Ann Blackwell 5 - Grant application for the Veterans' Transportation Assistance Program 6 - Accepting bids for demolition of the old Shelby General Hospital to give Commissioners' an understanding of what it will take to have it done. 8 - Record open meeting of the Adult Shelby County Community Supervision and Correction Departments. This is a non action item and it just makes their meeting minutes from October 26, 2016 as well as the split of all the equipment for adult probation services a part of the Shelby County Commissioners' Court meeting. 10 - Commissioners vote to retain Flowers and Davis Law Firm to attend to pending litigation.
October 21, 2016 - The Texas Department of Public Safety (DPS) is investigating a major crash which occurred on State Highway 87 South Friday, October 21, 2016.
Units with the Shelby County Sheriff's Department and ACE EMS ambulance service arrived with DPS Troopers and provided support at the scene. The driver was transported to the ambulance and at the time of the crash, was reported to have been taken to Nacogdoches.
Witnesses at the scene saw the Hyundai Santa Fe leave the roadway as it was traveling south and go airborne before crashing into a fence line where it came to rest facing north.
The Santa Fe crashed through a telephone junction box and caused a power outage at a house where it came to rest.
According to Texas Department of Public Safety State Trooper Austin Lunsford, at approximately 2:13pm a Hyundai Santa Fe SUV driven by Terri Smith Tompkins, 53, of Shelbyville was traveling south on State Highway 87.
The vehicle left the roadway and traveled into the southbound bar ditch where the SUV struck a concrete culvert, which sent the Santa Fe airborne.
After landing, the SUV struck a tree with its front portion causing the vehicle to rotate crashing into a fence and land upside down on its top. The impact into the tree is believed to be at high speeds due to no evidence of braking after leaving the roadway.
Tompkins was wearing her seatbelt. Witnesses cut her out of her seatbelt and freed her from the vehicle until EMS arrived. Tompkins was transported to Nacogdoches memorial hospital with serious injuries.
DPS Trooper Lunsford was assisted at the scene by additional Trooper units and Shelby County Sheriff's Deputies.
October 22, 2016 - A vehicle attempting to cross over Hurst Street from the McDonald's and Walmart exit to Foster Drive ends up on a wrecker following a two vehicle collision on Friday, October 21, 2016.
According to Center Police Officer John Welch, a white Jeep driven by Erica Santana, 31 of Center, was traveling north on Hurst Street nearing the intersection of Foster when a gray KIA driven by Minnie Keele Amidon, 71 of Chireno, pulled out of the McDonald's and Walmart exit and failed to yield right-of-way. The KIA struck the drivers side of the Jeep with its front spinning the Jeep onto Foster Street where it came to rest. The KIA came to rest in the outside northbound lane of Hurst Street.
Amidon was transported by ACE EMS to Nacogdoches Medical Center - Center Emergency Department with unknown injuries. The crash was investigated by Officer Welch. Assisting with traffic control was Center PD Officers Andrew Williams and Spencer Anderson, Patrol Sergeant Chris Knowlton, and Shelby County Deputy Pete Davis.
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