Fiscal Court Approved Minutes – August 25, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 25th day of August, 2020 at 9:00 a.m. in the Fiscal Court Room of the Boyle County Courthouse. All members practiced social distancing. Meeting was live streamed on the Boyle County Media Channel for the Public. Members present at the meeting were:

John Caywood
Jason Cullen
Tom Ellis
Jamey Gay
Judge Howard Hunt
Ronnie Short
Phil Sammons

Others present at the meeting were, Fiscal Court Clerk Anne Nagy, County Treasurer-Mary Conley, Financial Officer Keagan Hinkle, County Attorney Chris Herron, Solid Waste Coordinator Angie Muncy, Ben Miles, Chris Jones, Allen Goggin, Kimberly Ragland, Georgia de Araujo, Jennifer Kirchner, Jayla Pennycuff, Mariah King and HR Shannon Greene.

Judge Hunt called the meeting to order and Magistrate John Caywood gave the invocation.

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the August 11, 2020, Fiscal Court meeting for consideration. Magistrate Sammons made a motion to approve the minutes as presented, seconded by Magistrate Cullen. No discussion. All members voted in favor of accepting the minutes as presented. Motion carries.

Financial Officer Keagan Hinkle presented the bills for approval. Health insurance premiums, standing orders and vouchers we had $331,483.61 and bills ready to be paid $169,647.31. Motion by Magistrate Gay to approve the bills as presented. Seconded by Magistrate Cullen. There was no discussion. The motion carries.

Budget/Cash Transfers: County Treasurer Mary Conley: We have a very few budget transfer which are primarily COVID19 salaries and EMS. We had to transfer from reserve fund to EMS for insurance deductible liability insurance. Motion to approve budget transfers as presented made by Magistrate Gay, seconded by Magistrate Sammons. No discussion. Motion carries. Cash transfer: General Fund to the Detention Center $46,150. Motion made by Magistrate Gay, seconded by Magistrate Ellis. No discussion. Motion carries.

Consent Calendar:

Ben Miles, Birthplace of Kentucky Committee: Ben shared with the Court that the Birthplace of Kentucky (BOK) Committee is reviewing the Constitution Square Rental Agreement. Until the review is complete, the Committee recommends Non-Profit Organizations wishing to rent the Park, with less than 50 participants, have fees and insurance be waived. This is a temporary policy to be used while the entire document is examined. Magistrate Ellis asked who would carry the liability. Treasurer Conley advised that liability insurance covers this park, as well as others. Magistrate Sammons complimented the flowers and commented the Farmer’s Market sign is too large hanging under the Constitution Square Sign. Magistrate Cullen will work with Jeff Jewell to hang a smaller sign. Motion made by Magistrate Ellis, seconded Magistrate Sammons to approve the temporary waiver of fees and insurance for non-profit groups of less than 50 people. No discussion. Motion carries with the abstention of Magistrate Caywood. Mr. Miles advised BOK recommends the installation of security cameras throughout the park. An initial estimate of $850 for 10-12 very small security cameras. Magistrate Ellis asked who would monitor the camera feed. Mr. Miles said the cameras would be closed circuit and reviewed if an incident occurred, no monitoring in real-time. It was suggested signs be posted “premises under video surveillance”. Motion was made by Magistrate Sammons, seconded by Magistrate Cullen that cameras be purchased up to $1,000. A draw may be available in December, 2020, from the Constitution Square line item. Funds may be paid from Reserves and reimbursed in December from the Endowment. An amendment to the initial motion stated: Further evaluation of the number and placement of quality, including night vision, security cameras and approve expenditure up to $1,000. Magistrate Gay made motion to approve this amendment, seconded by Magistrate Cullen. Motion carries. Mr. Miles advised BOK has been contacted about adding a plaque for Governor Bevin to Governor’s Circle. There will be a ceremony for the installation of the plaque. No date has been set yet but we will share that when the event has been scheduled. Magistrate Sammons asked about renaming the conference center. Several trains of thought – one such as Delegates Hall or historically, the owner of the property was Craddock. No decision has been made at this time. Everyone is welcome to attend BOK meetings and participate in this process.

County Attorney Chris Herron: Second reading EPAD Ordinance #490.0. Chris Jones from PACE is in attendance to respond to any questions. Mr. Herron read the summary EPAD Ordinance #490.0. Motion to approve Ordinance #490.0 made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Motion carried. EPAD Program Administration Agreement: Treasurer Conley advised of a few changes made to the Program Administration Agreement related to record retention. Boyle County will have a copy of all records in our office. We added a liability insurance section. Interlocal Agreement is still under review and not immediately required. Motion made by Magistrate Gay and seconded by Magistrate Short to approve Ordinance #490.0 and the Program Administration Agreement. Ordinance will be advertised. Magistrate Caywood asked Chris Jones if we were moving quickly enough to assist Meggitt in their project. Mr. Jones stated that everything is moving in a timely fashion. Question called. Motion carries. The Court expressed thanks to Chris Jones for appearing today and making the trip.

Special Purpose Government Entity Reports:

Conservation District Tax: Allen Goggin .01/100 same as last year. Mr. Goggin shared that numbers are down for Dead Animal Removal which we cannot explain. We need to stay on top of seeking a composting area for the County. We are paying per ton for removal at Tri K Landfill.

Extension Service Tax: Dr. Kimberly Ragland- Real 6.543, Personal 15.3893, Motor Vehicle 1.3

Boyle County Fire Department: Jayla Pennycuff no rate change: .10/100

Library Tax: Georgia de Araujo-Real 7.9, Personal 9.93, Motor Vehicle 3.5

Hotel Tax: Jennifer Kirchner – 3% transient rate. Occupancy rates running in 50% range, normally would be approximately 80% this time of year. Magistrate Sammons asked if any hotels were contemplating closure. Ms. Kirchner was not aware of anyone considering closing. We are missing weekend events but business travel continues. The US127 yard sale had more buyers not as many vendors as past years. Ms. Kirchner briefly reviewed CVB July Financials. The Visitor’s Center is in Goldsmith’s House, Brianna Tucker 10-4 M-F and Farmer’s Market on Saturday. We also continue to partner with the McDowell House. Magistrate Cullen asked about Food Trucks in the area. Most are in the city limits falling under code enforcement. Ms. Kirchner advised if a food truck is on public property we can regulate them but if a private property owner allows a truck to operate we really have no oversight.

County Clerk and Sheriff Audit Presentations: Circulated by the Treasurer to acknowledge receipt of the audit. This is an abbreviated audit. These were both good audits.

Angie Muncy, Solid Waste: Circulated invoices for skid steer and fork lift along with magnets and flyer on Hazardous Household Waste event at the Recycling Center on Saturday August 29, 9:30-1:30. Skid Steer was purchased at the State Price Contract; same for the Fork Life. These were presented before in the Recycling Grant but now I am providing the invoices for each piece of equipment. Motion to approve State Contract Price by Magistrate Sammons and seconded by Magistrate Cullen. Both pieces of equipment were purchased at the State Price Contract. Fork Lift has not arrive yet. Treasurer Conley advised the Court that any purchase over $3,000, in our Administrative Code, must come before Fiscal Court for approval or approve purchase via the State Price Contract. No further discussion. All members voted in favor. Ms. Muncy advised the Court that the baler conveyor belt must be replaced at an estimated cost of $6,625.00. Depending on the budget, this may need to be paid from reserves. Motion by Magistrate Sammons to approve $6,625 replacement of conveyor belt, authorizing Treasurer to move funds from Reserves if necessary, seconded by Magistrate Gay. Magistrate Ellis asked about warranty. One year warranty included. Motion carries.

Shannon Greene, HR, Introduced Mariah King, new finance officer effective today. Court welcomed Ms. King. Ms. Greene presented Compensatory Time Agreement for Nathan Brown. Motion to approve this agreement made by Magistrate Sammons, seconded by Magistrate Cullen. Motion carries. Kronos Timekeeping System Contract presented to the Court for approval. Contract was reviewed by County Attorney Chris Herron. Motion to approve Kronos contract made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Motion carries.

Treasurer Conley: Circulated in your packets was the June 2020 Financial Report as well as the Constitution Square Endowment statement and the Agency Fund which is the Fiscal Court Fund has a principal balance of $344,129 and, in addition, $38,600 in Grant Account and a one-time request that will come in December. You may want to remember that when you determine the needs at Constitution Square and draw an amount from that $38,600. Next is Friends of Constitution Square. This fund allows individual donations. The donation may be tax deductible if a tax credit is requested from the Department of Revenue. We’re at $21,643. The seed money is $25,000. Fees continue to be assessed even though we do not have grant money available. Magistrate Ellis mentioned the roofing issues at Constitution Square repair/replacement. Duane Campbell was checking into the costs of the roofing. Judge Hunt will follow up with Duane. Treasurer Conley stated there is money in the budget for at least one roof this year, which is a carryover from last year. This was moved forward because the Court was waiting for BOK to provide a list of recommendations and priorities. Magistrates Ellis and Cullen are on the Parks & Recreation Committee which includes Constitution Square. For the record, a subsidiary report is provided for bondholders. Everyone should have a copy of the SEFA report prepared 8/13/2020. Federal Grantor Pass-through Report. We had a large number of Federal grant funds pass through, one was the Battlefield Grant, Emergency Planning which is a portion of your EMA Director’s salary. FEMA funds we have funds and donations. Donations are PPE which was in a warehouse in Lexington. The Trail’s Grant and two CARES Act items. $1,487,000 total which exceeds the $750,000 threshold for a single audit. We need to budget for this single audit. Estimated cost of $10,000-$12,000. Discussion continue related to wage rates and payroll monitoring. 2020 Tax Rates were circulated for your review. I have presented here the compensating rate 6.7. Because assessments have increased, the rate actually dropped from 6.8 to 6.7 this year. Please let me know if you have any questions. Judge Hunt read the 2020 rates to put into the record:

Boyle County Fiscal Court recommended tax rates for 2020:

Compensating rate 6.7
Personal property based on real rate 7.8
Distilled Spirits 7.8
Aircraft 7.8
Watercraft 7.8
Tobacco in Storage – no assessment
Agriculture Products 4.5
Motor Vehicle & Watercraft 6.9
Inventory in Transit Counties are unable to tax, only subject to special districts

Motion by Magistrate Gay to approve the tax rates, seconded by Magistrate Short. No discussion. Motion carries. Magistrate Ellis brought attention to the revenue stream created by distilled spirits in the County.

Motion to approve the Conservation District Tax at .01/100 made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Motion carries. Magistrate Cullen pointed out the Extension Office rate was 5.7750 now it is increasing to 6.543. Senate Bill 5, as mentioned by Magistrate Ellis, would allow us to have input regarding rate setting. Discussion related to Senate Bill 5 continued.

CARES MOU: Judge Hunt presented, as part of the CARES Act Reimbursement the initial filing has gone forward to DLG. That process now includes a Memorandum of Understanding (MOU). This clearly defines what the reimbursement is for and we submit our request by item. I am requesting an authorization for me to sign the MOU to continue our process for reimbursement. Motion made by Magistrate Sammons to authorize signature, seconded by Magistrate Ellis. Magistrate Gay acknowledge the Finance Committee approved this MOU. No further discussion. Motion carries.

COMMITTEE REPORTS:

Magistrate Ellis present Public Works Committee Meeting Minutes. Met on August 10, 2020. Motion to accept Minutes from Public Works Committee by Magistrate Sammons, seconded by Magistrate Cullen. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Gay presented Finance Committee Meeting Minutes. Met August 12, 2020. Motion to accept Minutes from Finance Committee Meeting by Magistrate Ellis, seconded by Magistrate Sammons. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Cullen presented EMS Committee Meeting Minutes. Met on August 11, 2020. Motion to accept Minutes from EMS Committee by Magistrate Cullen, seconded by Magistrate Caywood. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

NEW BUSINESS

Magistrate Ellis: Coalition against Bigger Trucks Rick Cowan contacted me regarding oversized and overweight trucks. Many trucks take US150 to avoid weigh stations on I64. GPS sends 18 wheelers across Parksville Crosspike which is entirely too narrow for such vehicle traffic. Mr. Cowan is coordinating with Shelly Hampton at KACo. Agriculture products, Commissioner Quarles is working to preserve funding for agricultural industries. The Trails Grant on 2168 will cover the cleanup of tree removal limbs and branches.

Magistrate Short: No new business.

Magistrate Sammons: No new business.

Magistrate Cullen: No new business.

Magistrate Gay: No new business.

Magistrate Caywood: Along with the cameras at Constitution Square, I would suggest signage advising the public they are under video surveillance.

County Attorney Herron: No new business.

Judge Hunt: Gentlemen, Mercer County has approved the Joint Jail ratio and per diem. The ratio is 71% Boyle and 29% Mercer with per diem rate of $40.00. Motion to approve made by Magistrate Gay, seconded by Magistrate Short. The Jailer was in attendance at the Joint Jail meeting when these rates were issued. Magistrate Cullen asked that the Jailer be in attendance any time we discuss the jail. No additional discussion. Motion carries. Judge Hunt reminded the Court that we have some new hires in the County and there is one person who has agreed to move from the Financial Officer position to Assistant County Treasurer and, upon Mary’s retirement, to be appointed to County Treasurer. When we approved this move, we did not consider the value of this position. We need to agree upon an appropriate compensation for Keagan Hinkle who has agreed to be appointed County Treasurer. We have data comparisons of salary/population/budget size. I would like to enter into discussion where we consider a salary adjustment. I’d like to begin the discussion at $55,000. Magistrate Ellis stressed the importance of filling this position with the right person and after seeing the data comparisons I agree with the proposal of $55,000. Mr. Hinkle is still in his probationary period. Judge Hunt shared that he and County Treasurer Mary Conley are very impressed with Mr. Hinkle’s willingness to learn and proactive attitude. We are confident in his abilities. His performance will be monitored, as would any new hire, and the Court will kept informed. Magistrate Gay supports the compensation being representative of his responsibilities. Perhaps consider $50,000 until probationary period is completed and then add $2,500 or $5,000 following the probationary period. Discussion ensued related to salaries across the State for County Treasurer position, Boyle County’s Administrative Code and legislative codes. Motion made by Magistrate Gay, seconded by Magistrate Short, effective Thursday as Assistant Treasurer $45,000, when appointed as County Treasurer salary $50,000 and following 6 month successful review increase to $55,000. No discussion. Motion carries. Judge Hunt advised he will working with District 7 related to eighteen wheelers using Parksville Crosspike. GPS is directing truckers to this state road. There is no shoulder and the speed limit needs to be lowered.

Motion to adjourn made by Magistrate Short, seconded by Magistrate Caywood. No discussion. Motion carries.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive