Fiscal Court Approved Minutes – July 28, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 28th day of July, 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, Director of Information Technology-Bill Nichols, County Treasurer-Mary Conley, Asst.-Treasurer-Laurent Nash, County Attorney Chris Herron, Solid Waste Coordinator Angie Muncy, County Engineer Duane Campbell, Steve Hunter of Planning & Zoning, Roger Fox and James Hunn, Jr from Shepherd’s House, EMS Director Mike Rogers and HR Shannon Greene.

Judge Hunt called the meeting to order and Magistrate Ronnie Short gave the invocation.

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the July 14, 2020, Fiscal Court meeting for consideration. Magistrate Gay made a motion to approve the July 14, 2020, minutes as presented, seconded by Magistrate Short. Magistrate Ellis noted a correction on page three “if” should be “of”. No further discussion. All members voted in favor of accepting the minutes, with correction. Judge Hunt presented the minutes from the July 15, 2020 Special Called Meeting. Magistrate Gay made motion to approve the minutes as presented, seconded by Magistrate Short, no discussion. Motion carries.

Assistant Treasurer Laurent Nash presented the Payroll totaling $291,107.47, Purchase Orders and Vouchers totaling $867,529.21. Total accounts payable bills $1,158,636.68. 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: I have circulated budget transfers. These are primarily to reallocate the insurance and the under/overages on line items and some COVID expenditures covered by reserve money. Motion to approve budget transfers made by Magistrate Short, seconded by Magistrate Sammons. No discussion. Motion carries. Cash transfers there are two. General Fund will be allocating $200,000 to EMS, if approved, and another $50,000 to the Jail. Motion made by Magistrate Gay, seconded by Magistrate Cullen. No discussion. Motion carries.

Consent Calendar:

Roger Fox & James Hunn, Jr.: Roger Fox shared with the Court that he is happy to see everyone. The Shepherd’s House is in its third year. Since 2017 we have served over 300 men and women. Of course, not everyone sticks with the program. Those you do complete our program, get a job and many are staying out of jail and still in recovery. Mr. Fox shared examples of persons who have success stories and events where Mr. Fox picks up individuals, helps them with clothing and hygiene. Mr. Fox is passionate about assisting people on the path to recovery. Shepherd’s House is developing a Post COVID plan. We anticipate a large expansion in the number of inmates. We appreciate the Court and we love our community. James Hunn, Jr., Circle of Hope and the Hope Network have been part of this since day one. Mr. Hunn is certain this is his purpose and his goal is to assist others in finding their purpose which will fill that hole in them and propel them forward. Mr. Hunn has implemented the military transitional program, from active duty to civilian, which includes resume building, dressing for success, job skills and more. Individuals who stay in the program and continue working hard have an opportunity to receive various amounts of money to encourage them. We appreciate the support we have received from the Court. Our clients are encouraged to call us at all times, we are a “no judgement” zone. We want to give people hope. We are close to providing services for County inmates along with the State inmates we currently assist. Even during COVID overdoses and suicides numbers continue to rise. We are pleased to offer this in Boyle County. The Court expressed appreciation for the Shepherd’s House and the Circle of Hope and recognized that Scott County now has the Shepherd’s House service in their County and are very pleased. Judge Hunt shared that we are trying to come up with an emergency shelter, short-term, homeless housing. We are searching for a place that could house 15-20 people. Mr. Fox addressed the homeless shelter issue individuals stay in a location and come to Shepherd’s House to get a pass to stay the next night, not an opportunity to flop at our Shelter. This is a work in progress.

Danville Boyle County Planning & Zoning Commission recommendation to amend Article 5 of the Boyle County Joint Zoning Ordinance, Steve Hunter: The Court directed the planning commission to pursue a text amendment to allow distilled spirits in the agricultural zone. We talked a lot about Nelson County as they had the ordinance that EDP and the local distillers brought to the governments and said this was the type of ordinance they wanted in Boyle County. The Planning Commission’s position was that whatever the governments tell us to do it we’ll put such a text amendment on the floor of the P&Z and run it through its proper public hearing and then bring it back to the County. The City never gave us a directive. The County did give us the directive so we took the Nelson County model and tweaked it to make it better. The general premise is rick houses may be erected in agricultural zones for storage only, no retail, no visitor centers. Steve proceeded to thoroughly review the text amendment with the Court. Each Court member had this handout. A distiller would have to apply for a Conditional Use Permit and go through the approval process. We addressed flood plains, easements for pipelines, collector roads which should have shoulders and fire protection standards. This ordinance passed Planning & Zoning 8-0. A sample ordinance is provided. County Attorney Herron read the Ordinance which is considered the first reading of the Ordinance. A second reading is set for August 11, 2020, which will be advertised. Magistrate Ellis requested clarification on several points. Mr. Hunter responded, satisfying Mr. Ellis’ inquiries. Motion by Magistrate Gay, seconded by Magistrate Short to approve this Ordinance. Discussion continued related to 50% agricultural use. Magistrate Ellis called the question. No further discussion. Motion carries unanimously. Ordinance will be advertised and second reading will be on the August 11th agenda.

Request Approval Board Appointments: Judge Hunt read the board appointment nominations which had been previously distributed to the Magistrates: Steve Hamblin to Fire Board to replace Phil Nichols, Jackie Trumbo to Fire Board to replace Paul McCrystal. Julie Clay to Library Board to complete term of Michael Hughes. Linda Green and Mark Cross to Board of Tax Appeals. Motion to approve all appointments made by Magistrate Sammons, seconded by Magistrate Ellis. Magistrate Ellis commented that he had positive feedback on the nominees. No further discussion. Motion carries. Judge Hunt clarified that Boyle County Clerk Trille Bottoms had presented a letter requesting Board of Tax Appeals. The letter was delivered after meeting packets had been mailed. This was not available in time to send out to the Magistrates. Is everyone comfortable with this notification? Court affirmed already approved unanimously above. Magistrate Ellis asked if any lay people served on the Board of Tax Appeals. Treasurer Conley stated there may have been lay people but normally it is someone familiar with real estate values. Magistrate Caywood asked County Attorney Herron for an update on the Kroger lawsuit. This is still in process. We are awaiting a ruling. Treasurer Conley asked if we will be receiving a billing from Mr. Dexter for services on this. Mr. Herron suggested we will likely receive additional billings for services. Mr. Herron is handling the case now.

Mike Rogers, EMS: I am requesting approval from the Court to advertise for a Full-time Paramedic. One of our paramedics is leaving to go with Air-Evac. Motion by Magistrate Cullen to advertise for full-time paramedic, seconded by Magistrate Caywood. No discussion. Motion carries. Request approval to repair the transmission on EC4. The cost is $3,982.43. Judge Hunt advised that the transmissions are not strong enough for the weight of the ambulance. Motion to approve transmission repair of EC4 made by Magistrate Caywood, seconded by Magistrate Ellis. No discussion. Motion carries. Judge Hunt informed the Court that we have moved forward on the Stryker Power Lift equipment. Magistrate Sammons asked if we have anyone in paramedic school. Mike Rogers responded we do not at this time but next semester we expect to.

Angie Muncy, Solid Waste: You all have copies of the grants I received. The first is Hazardous Household Waste. August 29th we will do radio day with WHIR and at the Recycling Center 8:30-1:00pm. This is for paint, chemicals and things that should not be in the landfill – no tires. Motion by Magistrate Sammons to approve HHW Grant, seconded by Magistrate Caywood. No discussion. Motion carries. Recycling Grant: we were funded for everything except a paper cutter. Motion to approve Recycling Grant made by Magistrate Sammons, seconded by Magistrate Short. No discussion. Motion carries. Composting Grant we basically were funded. We are not certain how this will be used but Ms. Muncy stated she will find a project for the Composting Grant if it is food composting or dead animal or wood chips. This will be determined we have not done composting in the past. We currently we do not have a site for this composting. Magistrate Ellis stated he does not understand why dead animal composting was being mentioned. Magistrate Cullen stated the problem continues and we need to prepare for animal composting or any other composting. The equipment from this grant is helpful to our County. Magistrate Ellis advised he is aware of several farmers who would compost on their private land. Ms. Muncy stated we cannot give any grant money to individuals. Anyone interested should reach out to Ms. Muncy. Motion by Magistrate Gay to approve composting grant, seconded by Magistrate Short. No discussion. Vote to approve Magistrate Cullen, Caywood, Short, Gay and Sammons. One abstention, Magistrate Ellis. Magistrate Sammons expressed appreciation for her hard work.

Public Works Surplus Copier: Duane Campbell. Motion to surplus copier made by Magistrate Cullen, seconded by Magistrate Gay. No discussion. Motion carries. Magistrate Cullen mentioned an area on Goggin Lane that needs attention related to grass obstructing view for drivers. Magistrate Short advised of similar problems.

County Clerk’s 2nd Quarter Report for Acknowledgement: Motion by Magistrate Cullen to acknowledge receipt, seconded by Magistrate Gay. No discussion. Motion carries.

Sheriff’s 2nd Quarter Report for Acknowledgement: Motion by Magistrate Gay to acknowledge receipt, seconded by Magistrate Cullen. County Treasurer Conley advised some revenue has been reclassified. Please visit with me for details. No further discussion. Motion carries.

Shannon Greene, HR: A summary and two quotes for a timekeeping system is in your packet. We would like approval to purchase a timekeeping system. Clocks will be in the Government Services Building, Public Works and the Jail. Everyone can use their computers and, with permission, a smart phone. Magistrate Sammons expressed doubts that such a timekeeping system would be feasible for the Road Department. Treasurer Conley described the flexibility and ease of use of the systems for scheduling, department heads may modify the times as necessary. All employees will be using the timekeeping system and this information in integrated into our KVS payroll system. This streamlines the process and increases accuracy. Magistrate Ellis asked why this is necessary since we have operated this way since 1842. Magistrate Gay made motion that we approve the Kronos timekeeping system. Motion seconded by Magistrate Caywood. Magistrate Ellis asked if any Kentucky companies were available for our consideration. Ms. Greene advised that local companies did not integrate with our existing payroll software (KVS). Discussion continued related to the use of timekeeping and scheduling systems. Magistrate Caywood stated that the Personnel Committee recommends Novatime and Kronos for efficiently and accuracy. Magistrate Cullen asked about other web-based systems but, Treasurer Conley reminded that the major issue is integration of the software to our KVS system. Magistrate Ellis asked for a Privilege Motion to postpone the vote on this until August 11th. He requests addition information. Magistrate Cullen asked if there is a Return on Investment (ROI) on this system. Treasurer Conley stated that ROI has not been applied to expenditures in our County. Magistrate Sammons said employees are not happy with this timekeeping system; they don’t understand it and do not want it. Ms. Greene says 90% of our County staff use some form of smart phone, computer or tablet. Discussion continued related to time involved in keeping manual time sheets. Magistrate Sammons seconded Magistrate Ellis’ Privilege Motion to table this until next Court session. In favor: Magistrate Ellis and Sammons. Opposed: Magistrate Cullen, Caywood, Short, Gay. Magistrate Gay has already made motion to approve the Kronos timekeeping system and seconded by Magistrate Caywood. No further discussion. In favor: Magistrate Caywood, Gay, Short and Cullen; Opposed: Magistrate Ellis and Sammons. Motion carries to proceed with Kronos Timekeeping System. Magistrate Cullen asked that research continue on web-based software that may be more cost effective if it integrates with our payroll system.

Request Approval for the Daughters of the American Revolution (DAR): Judge Hunt requested, on behalf of the DAR, approval for removing, refurbishing and reinstalling the Courthouse Revolutionary War plaque (with addition of names). This request is made because the plaque is part of the Courthouse. A letter of support from the Boyle County, Kentucky, Genealogical and Historical Society, Inc. is also provided. Magistrate Ellis disclosed that his wife is a member of the DAR and he recognized Brenda Edwards and Carolyn Crabtree as extraordinary assets to Boyle County. Motion to approve the DAR request made by Magistrate Ellis, seconded by Magistrate Sammons. The DAR is assuming the costs related to the plaque. Motion carries.

Treasurer Conley: I’m pleased to present the year-end financial statement. This is the June month-end. The end of the quarter is still being reviewed prior to submitting to DLG. Everyone received the budget sheet. We are going to end the year with a $4,384,000 carryover. Keep in mind that much of that is allocated and/or reserved for specific expenditures for this fiscal year. I will be preparing the carryover analysis that’s required and a recommended minimum carryover amount to carry throughout the fiscal year. We had a finance committee meeting scheduled the first of July but was not held. We need to schedule a committee meeting. After discussion, Finance Committee Meeting is scheduled Tuesday August 4, 2020, at 9:00am to include CARES and FEMA reimbursement. Magistrate Sammons and Gay are on this committee and agreed to this date and time. Treasurer Conley handed out documents to Magistrates Sammons and Gay to bring to Tuesday’s meeting. Treasurer Conley reminded everyone they should have a full, detailed copy of revenue and expenditures and annualized budget transfers.

COMMITTEE REPORTS:

Magistrate Short presented Personnel Meeting Minutes. Met July 9, 2020. Also, met July 16th we held a Personnel Committee Meeting. Motion to accept Minutes from both Personnel Committee Meetings by Magistrate Short, seconded by Magistrate Caywood. 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 July 14, 2020. Motion to accept Minutes from EMS Committee by Magistrate Caywood, seconded by Magistrate Short. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Ellis advised the Court that the Parks Committee was no longer meeting. Magistrate Cullen stated the Committee should still be meeting because it is actually in the agreement. County Attorney Herron advised that Magistrates Ellis and Cullen were appointed to the Parks Committee by Judge Hunt and should continue meeting, John Bell still wishes to meet with the County. Treasurer Conley suggested that if the Committee determines to no longer meet then the Administrative Code needs to be amended. County Attorney Herron agreed to look into the Parks agreement we signed and the Administrative Code.

NEW BUSINESS

Magistrate Gay: Suggested participating in the online KACo training. They are doing a nice job and each offering has improved technological skills and the content is helpful. I appreciate not having to drive to distant meeting locations. The County has three devices available for use in attending teleconferences. Magistrate Ellis echoed Magistrate Gay’s compliments for KACo. Classes must be registered in advance and when you sign into the program you are credited with attendance.

Magistrate Short: No new business.

Magistrate Cullen: Happy belated birthday to Anne.

Magistrate Caywood: Constitution Square Rental Agreement was to be on this agenda but it is not listed. I have provided a copy to County Attorney Herron. The Agreement requires insurance and many non-profits do not have insurance. Judge Hunt advised the Birthplace of Kentucky has the Agreement and is reviewing for possible updates. Magistrate Caywood requests the Judge represent non-profits to Birthplace of Kentucky as they review the Rental Agreement. Judge Hunt will ask the new leader of Birthplace of Kentucky to come to Fiscal Court and relay their recommendations. Magistrate Caywood referred back to a handout related to the jail and the detention center. In the twenty year old agreement violates KRS 71.020. If we were in violation, is everything since then in violation? County Attorney stated it depended if KRS had been amended over time. How were bonds issues if the agreement was not legal? Treasurer Conley spoke to this. We went before the State Debt Officer, they looked at our finances and the agreement drawn up by Bond Council, created the Inter-local Agreement. They knew full well this was not a Regional Jail but a cooperative operation with Mercer and Boyle County. Magistrate Caywood asked what happens the to the committee meetings when the Jailer does not attend. Treasurer Conley stated since the Jailer and the Fiscal Court chose not to participate in the Joint Jail any longer there was a request for annualized expenditures. When the Treasurer asks for money from Mercer County, it is money that is in the future. When the Joint Jail became defunct, due to four people participating when it supposed to be five; it’s not truly a Joint Jail Committee any longer. Mercer turns over approximately $70,000 a month from the State. I could not accept this money from another community when there is no regulation in place to collect those funds. When you voted to allow the Jailer to remove himself from the Joint Jail, then I can no long accept money when the Fiscal Court has not set a ratio or an allocation or per diem. That is why you transferred $50,000 from the General Fund to the Jail Fund. If the per diem is $42.00 that is about $18,000 for June vs the $70,000 we normally received from Mercer County. The existing Joint Jail budget will now start consuming all of your General Fund. We have a problem with the Joint Jail, revenue flow and the General Fund and an issue with Mercer County because we have not set a meeting to agree upon a direction. Discussion continued amongst the magistrates related to our agreement, the legality or illegality of it and what should happen next. County Attorney Herron was asked his opinion; a contract can have provisions that do not negate the entire contract, as an example. Judge Hunt asked Magistrate Gay and Magistrate Ellis meet with Judge Dedman. Treasurer Conley stated the Joint Jail Committee was not formed to tell the Jailer what to do, it was formed for financial decisions and allocations. This committee was formed at the time of construction of a new jail or the jailer would have become a transport officer. Discussion continued. Consensus set Jail Committee Meeting Tuesday August 4, 2020 at 11:00am in Boyle Fiscal Court. Magistrate Caywood stated our current Occupational Tax Rate is not on the forms available online. Magistrate Cullen agreed this was a problem.

Magistrate Ellis: No new business, there was no line item for old business.

Magistrate Sammons: No new business. Explained his vote opposing the timekeeping system. He would like to see the Department Heads/Supervisors explain the why and how timekeeping system will be utilized, to the staff.

County Attorney Herron: I am trying to collect Occupational Tax based on our January 1, 2020, effective date. The State required a 60 day notice so they did not collect the funds. Mr. Herron has a list of everyone paid by the State during this time and he started last Friday and went around the Courthouse collecting from State employees. I will try to continue collecting from individuals.

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

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive