Fiscal Court Approved Minutes – March 10, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 10th day of March, 2020 at 9:00 a.m. Members present at the meeting were:

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

Others present at the meeting were, Fiscal Court Clerk Anne Nagy, Clara Griffith, County Attorney Chris Herron, County Treasurer-Mary Conley, Deputy Sheriff Casey McCoy, Planning and Zoning Director Steve Hunter, Asst-Treasurer-Laurent Nash, Director of Public Works Duane Campbell, John Bell, James Jones, Donnie Leonard, Allen Goggin, Will Stallard, Danny Lay, Rick Serres, Chad Holderman, Melissa Jones, Sarah Lyons, Shelley Hudson, Jailer Brian Wofford, EMA Director Mike Wilder, EMS Director Mike Rogers, Solid Waste Director Angie Muncy, Human Resources Shannon Greene, Karli Graves, Denise Wade, Mike Graves Adam Gray, Carlos Miller, Rob Caldwell, Josh Gooch, Nick Vanover, Casey Smith, Jodi Roessler, Scott Roessler, James E Barrett, Vickie Goode, Danville Mayor Mike Perros, Perryville Mayor Brian Caldwell, Ben Kleppinger with the Advocate Messenger.

Judge Hunt called the meeting to order and gave the invocation.

Clara Griffith, student from Perryville Elementary, led the Court in the Pledge of Allegiance. A motion to bestow the title of Honorary Magistrate upon Ms. Griffith was made by Judge Hunt, seconded by Magistrate Ellis. All members voted in favor.

Judge Hunt presented the minutes from the February 25, 2020, Fiscal Court meeting for consideration. A motion to approve the February 25, 2020, minutes was made by Magistrate Gay, seconded by Magistrate Sammons. No discussion. Minutes approved unanimously. Judge Hunt presented Special Minutes from March 3, 2020. Motion to approve minutes made by Magistrate Gay and Magistrate Sammons seconded. Magistrate Ellis offered corrections related to punctuation and grammar. All members voted in favor of accepting the minutes with corrections noted.

Assistant County Treasurer Laurent Nash presented the Payroll totaling $297,456.08, Standing Orders totaling $2,022.95, Bills totaling $2,288,764.73. Total bills $2,588,243.76. Motion by Magistrate Gay to approve the bills as presented. Seconded by Magistrate Short. There was no discussion. The motion carries.

Magistrate Caywood asked the County Attorney for the status of the PVA/Kroger case. Mr. Herron stated that the case is moving slowly waiting for decision from the Court of Appeals. No new information at this time. Magistrate Sammons asked the legal fees in this case. County Treasurer Mary Conley stated $10,000 to-date in fees for this case.

Budget /Cash Transfers: County Treasurer Mary Conley: you have a few budget transfers before you. If you have any questions I will be happy to answer them; otherwise you can see me afterward in my office. Two cash transfers from the General Fund, one going to the Joint Jail in the amount of $109,500 for expenses and one to go to EMS for $100,000. Motion to approve by Magistrate Sammons, seconded by Magistrate Ellis. Magistrate Cullen momentarily absent during this vote. Motion approved.

Consent Calendar:

Airport Board – Rob Caldwell: Seeing a groundswell of community involvement in our airport. The expansion of our board from six to ten members is helping us to expand. The Chamber Banquet is being held at the airport this year. Several local folks taking flight lessons. Experimental Aircraft Association, are going to fly, the Young Eagles. We offer children from ages 7-17 get free flights May 9th.. The balloon race is scheduled June 5th. Three local schools have applied for The Aircraft Owner and Pilots Association Aviation Maintenance curriculum. This is an opportunity for high school students to take classes so when they graduate they can take the Aviation Maintenance exam to become certified and go directly into employment. There is a projected shortage in aviation maintenance which is a well-paid career. Our airport has two runways; this assists in lessons and brings a flurry of activity on site. Students come here to take their check rides. We have licensed mechanics available to service planes. We hope to have businesses establish along the airfield for maintenance, painting and other aviation services. We have neighbors who are cooperating and helpful to the airport. They have allowed us to take down trees for our safety and mutual benefit. It is unlikely we will ever offer commercial flights but we will offer commercial activity to support local air traffic. Air traffic such as local industries and personal aviators would benefit from establishing businesses in our air field. The Court expressed appreciation for the airport and Mr. Caldwell thanked the Court for its support.

Casey Smith, District 7 Kentucky Transportation Cabinet: Mr. Smith is here today presenting recommendations for the Fiscal Year 2021 Rural Secondary Road Program. We have a portion of RS funds and a portion of the RS funds in Flex funds. The County may keep Flex Funds for their own projects or return funds to the State for State approved projects. The Percentage Maintenance rating has increased from 15% to 20% for FY21. The recommendation for regular RS funds are KY 37 to US 127 and KY 1915 to Mercer County line. For Flex Funds we plan to extend resurfacing the rest of Gentry Lane. Motion by Magistrate Cullen and seconded by Magistrate Caywood to approve the Rural Secondary Road Fund for FY21 as recommended KY 37 and KY 1915 to Bluegrass Pike. Resurfacing is edge to edge of pavement. No further discussion. Motion carries. Motion to accept Flex Funds for use on County roads made by Magistrate Gay and seconded by Magistrate Short. No discussion. Motion passed unanimously. Magistrate Cullen mentioned the Gas Tax. Proposed to be $.09 on the gallon to the wholesaler not at the pump. Improved roads save vehicle maintenance. Goggin Lane and Forkland Road projects will be completed this fiscal year.

Main Street Perryville- Vickie Goode: Ms. Goode handed out packets to the magistrates. She expressed appreciation of assistance from Jailer Brian Wofford for the inmate work program. This has helped Perryville so often. We just won a grant for Main Street Program for improvements in the area. Also, the bridge will be repaired one lane at a time next year. Looking forward to a trail from Main Street to the Battlefield that is ADA compliant.

Jailer Brian Wofford: For the second year in a row we have completed our State Financial Audit with zero deficiencies. This is quite an accomplishment and in that regard I’d like to recognize three deputies. First is Corporal Shelley Hudson. Shelley has been a deputy for eight years overseeing the Canteen; all ordering and getting things to the inmates. She does an excellent job and I want to recognize her with an Award of Excellence. Second, Lt. Sarah Lyons. She has been with us eleven years. Her diligence has resulted one of the highest collection rates for medical claims in the state. Administrative Captain Melissa Jones has been with us 25 years and I’d be lost without her. She wears many hats and is invaluable at the Detention Center. In addition to Employee Recognition Awards, Jailer Wofford presented a document of Policy and Procedures Changes. Basically, the changes were minimal. A few job descriptions were updated and one addition for a detective. Motion made by Magistrate Ellis to approve Policy and Procedure Changes and seconded by Magistrate Gay. The Personnel Committee recommends these updates and the addition. Motion passed unanimously. Magistrate Cullen asked about Home Incarceration. Discussion ensued related to the potential cost, the probability that Judges would utilize this form of incarceration, the management of the inmates and other counties using this and how implemented. This would apply only to low level offenders. County Treasurer Mary Conley informed the Court the Fiscal Court did use home incarceration in the past. The cost was prohibitive for the inmate. We accepted deposits which were refunded when equipment was returned. Jailer Wofford advised the Court of overtime being incurred by jail employees. The added hours, stress and risk is leading to loss of new employees. The longer term associates handle the situation better. The new employees are sometimes overwhelmed working in this setting. We offer 120 hours of training to new employees.

County Clerk 4th Quarter Report & Excess Fee Payment: Trille Bottoms presented an amended budget. Documents are provided for the Court. Motion by Magistrate Gay and seconded by Magistrate Caywood to approve amendment to the budget. This has been coordinated with the County Treasurer. Motion passed unanimously. The Court acknowledges receipt of the 4th quarter report and presentation of check for Excess Fee Payment $9,043.52.

Sheriff 4th Quarter Report and Year End: Presented by Deputy Casey McCoy. Mary Conley County Treasurer states 4th Quarter and Year End reports are acceptable. Motion by Magistrate Sammons to accept reports based upon County Treasurer’s recommendation, seconded by Magistrate Gay. No discussion. Motion carried.

Job Descriptions: Shannon Greene, Human Resources, submitted job descriptions via email to all magistrates. Magistrate Caywood suggested the Personnel Committee should review the descriptions and then make recommendation to the Court. We operate with a committee system. There are two new jobs, the Public Works Constitution Square part time position and the full time Large Animal Removal driver. Motion by Magistrate Gay to approve the two new jobs descriptions for the full-time driver for Large Animal Removal and the Part time Constitution Square, seconded by Magistrate Short. Motion carried.

Planning and Zoning, Steve Hunter: Packet included. Request from Mr. Tanner Goode to change the zoning for a small area for a Real Estate Office. Bill Nichols will post the maps on the monitors momentarily. The property is on Lexington Road, near Old Bridge. This is zoned Highway Business which allows almost any commercial enterprise. The area presented for zone change is just past the grocery store it is a ½ acre lot zoned agricultural. Zone requested is Office Professional. Mr. Goode has listed six conditions. Only use of the property as a real estate office, which is recorded and stays with any transfer of the property. Planning Commission voted eight to zero in favor of the zone change. This developer has requested Office Professional specifically. The Comprehensive Plan, Future Land Use Map and Findings were all reviewed. Can vote up (via Ordinance), down or wait the 90 days when it will be automatically approved by default. The developer is working with the neighbor related to buffer whether it is a privacy fence or plantings. Owner may make renovations but cannot move in as a realtor until vote is taken or 90 day expires. The Court consensus is in favor of the zone change. To avoid the cost of publishing an Ordinance, we will let the clock run out. Action to table until March 24th Fiscal Court meeting. Going forward, Court will consider requesting developers to pay Ordinance publishing fees.

County Attorney – Acceptance of the Hunt Farms Road: County Attorney Chris Herron has three options. In December 1988 Boyle Ordinance 620.2 was adopted dealing with different requirements for streets, grades and materials used for streets. Section 14 of this Ordinance related to acceptance of the new road for County maintenance. It has the 50% rule: if the road meets these standards, then when 50% homes are built and occupied the county would accept the road into its inventory. In January of 1990, the land and subdivision regulations for the cities of Danville, Junction City, Perryville and Boyle County, gave Planning & Zoning authority to administer regulations. The text basically recites 620.2 except the 50% rule, which was not included. The question is: this Regulation was adopted by Planning & Zoning, an argument could be made we gave Planning & Zoning the authority to accept roads and if we go back to 620.2 we are usurping the authority previously granted. The three options, first: we can look at the Boyle County Ordinance, we have the 620.2 with the 50% rule and there is no conflict because it was not included in the Regulation. We can enforce the 50% rule. But I anticipate litigation. Second: we can say yes, we gave Planning & Zoning authority. We can ask Planning & Zoning to amend Regulation to include a 50% rule. Three: ask for a declaratory judgement because the subdivision regulation given Planning and Zoning doesn’t mention the 50% rule, is our Ordinance still valid? It would take at least a year or more to get a decision. My recommendation would be to approve Planning & Zoning accepting this road, then ask Planning & Zoning to bring this 50% rule into their subdivision regulations. Magistrate Gay: from the 1990 document: wherever there is inconsistency the most restrictive/highest standard shall apply. Seems the 1988 Ordinance has the higher more restrictive standard. Mr. Herron: The Fiscal Court gave Planning & Zoning the authority, they did not include the 50% rule. Discussion continued among the Court and Steve Hunter of Planning & Zoning related to regulations, ordinances, authority, the interpretation of “standard” and “process of acceptance”, bonds, warranties, guarantees, a second 50% rule for a two year warranty. Magistrate Gay made motion to accept option three to request a declaratory judgement, seconded by Magistrate Cullen. All voted in favor, motion carries.

County Attorney – Memorandum of Agreement: Based on authority granted to Judge Hunt during last week’s Special Called Meeting: Judge Hunt made agreement with Conservation District. Magistrate Gay made motion to ratify the Memorandum of Agreement with the Boyle County Conservation District, seconded by Magistrate Short. Magistrate Caywood asked for the Court to review the agreement annually rather than every two years. BCCD does come before the Court annually. Magistrate Ellis asked about expenses for employee and vehicle maintenance. Judge Hunt explained the Conservation District has been appropriating funds for the removal of dead animals and the vehicle is part of the means of providing that removal. This is not an increased liability on the taxpayer. Judge Hunt: in the Special Called Meeting, the BCCD agreed to provide up to $70,000 annually toward the cost of an employee and/or whatever else is needed. Anything over and above the $70,000 would be an incurred cost by the County. Magistrate Gay: three months remaining in this Fiscal Year. The $40,000 is payable on demand or by December 31, 2020. No animals are being taken to Tri-K Landfill other than eight horses (from the neglected group of horses), no other animals have been moved by the County. Judge Hunt reminded the Court that we do not have an approved driver. Driver’s position must be posted for two weeks internally & externally. Needs to be acted upon ASAP. No further discussion. Vote called by Magistrate Sammons. Magistrate Ellis voting no. Motion carried.

Solid Waste: Request Approval to Post new full time driver position for Large Animal Removal. The Personnel Committee acknowledged awareness of this position. This position is recommended by the Committee. This announcement is important to use this person to take animals to Tri-K Landfill until we have identified a local site. Magistrate Gay moved we post this position, seconded by Magistrate Sammons. Vote unanimous in favor. Motion carriers. Personnel meeting Friday March 13, 2020 at 10:00am.

Public Works: Request Approval to Post new part time position for maintenance of Constitution Square. Motion by Magistrate Cullen, seconded by Magistrate Gay. Personnel Committee is aware of this position and recommends. Motion carries unanimously.
Public Works Automatic Door: Proposal $2,945.04 covers all service calls during regular hours for one year, Preventative Maintenance only would cost $338.00. Service list provided: one service call in 2017 and in 2019. 2018 we had six calls. Administrative Office of the Court (“AOC”) will reimburse us 53% of the cost of maintenance on the doors. If we choose Preventative Maintenance only, AOC must give approval to pay their 53% before repair can be made. Staff recommends taking the annual contract. Motion by Magistrate Sammons to accept the annual contract $2,945.04, seconded by Magistrate Short. Motion passed unanimously.

Consider Approval of Paul Muth to Boyle County Extension District Board as 4H Representative. To complete a one year term beginning March 10, 2020, expiring December 31, 2020. Motion to approve made by Magistrate Sammons, seconded by Magistrate Cullen. No discussion. All voted in favor.

Brent Blevins, Health Department: Discussed the syringe program and Narcan kits. The program has grown beyond anything we imagined. Narcan is provided to us by the State. There is not method of tracking when or if the Narcan has been administered. There is discussion of a tracking number on the syringe. Mobile collection is on hold as the van was shared with Jessamine County and was in a wreck in Jessamine. Currently no vehicle available. Having Merle, as a former law enforcement officer, is working very well. Some of the people recognize Merle as having arrested them but now is here helping them. COVID19 – I don’t have any knowledge of this in Boyle County. It spreads like the flu. We’ve talked about Ebola, Zika, H1N1 no need for panic. Prepare by appropriate hand hygiene, avoid hand shaking. Our schools, hospital, first responders all have plans in place and are working together. Hospital issues will relate to availability of ventilators. Commercial labs will be putting out their own COVID19 tests. Results are provided in a day. This will be billable medical service. Now people have the opportunity to request the test expect the numbers to increase because the test is available not because the disease has spread beyond control. Following that wave, it will slow down. Hand washing is the most important thing you can do. Stay home if you are ill, avoid handshaking and being in tight quarters. The older population is hit the hardest, long term care facilities are especially vulnerable. This is a virus, not a panic. We are likely to have a case here in Boyle County. Judge Hunt advised that hand sanitizer was being purchased and would be placed at the entrances of the Courthouse, the door knobs, push bars and restrooms would be cleaned twice daily rather than once. Employees are asked to sanitize their own work areas and equipment. Mike Wilder, EMA Director, is prepared with a plan in the event action is necessary. Two website: kycovid19.ky.gov and cdc.gov/coronavirus

John Bell, Parks & Recreation: Community T-Ball, Softball, Baseball Challenge. Parks & Recreation had 451 participate in T-Ball, Softball & Baseball last year. This Challenge is for all elected officials in the city and county. We are challenging the elected officials (list of challenges provided). If we reach 500 participants this year, then elected officials will make a $10 contribution for each registrant above 500. We will celebrate August 4th with National Night Out, a night to show appreciation to first responders. The challenges are by blind draw. For a donation of $20 you may select your challenge. We have a scholarship program to assist those who could not participate in Parks & Recreation activities due to financial means. Magistrate Cullen offered to sponsor two scholarships, one for baseball and the other for T-ball. Community businesses are being asked to match the contributions by elected officials. Magistrate Gay made motion to accept the challenge, seconded by Magistrate Ellis. Motion passed unanimously.

NEW BUSINESS

Magistrate Gay: no new business.

Magistrate Short: The Pulse of the People in Junction City. Approximately 50 people in attendance

Magistrate Cullen: Larnell Harris signs – Duane Campbell informed that the State instructed the signs be removed signs. Only one sign allowed at the County line. We left the signs up as long as we could. Public Works took them down to keep them from disappearing. The city may install the signs at the city limits. The signs are to be removed following a 12 month period. Large Animal Removal vehicle – Magistrate Cullen made motion to accept the vehicle from the Conservation District, seconded by Magistrate Gay. All magistrates voted in favor, motion carries. Lastly, concerned about an Op-Ed titled Poor Firearms Safety Puts Kentucky Kids at Risk. I take exception to the poll by Kentucky Health Issues. The poll is 1,500 people, there are over 4 million Kentuckians. It paints the picture that Kentuckians are irresponsible firearm owners. This is misleading.

Magistrate Caywood: I’d like to hear from the Birthplace of Kentucky Committee on the next Fiscal Court meeting. Also reach out to Doc Holiday from Homeland Security to walk through Courthouse with active shooter drill.

Magistrate Ellis. Attended Birthplace of Kentucky Committee meeting and they look forward to returning to the Court.

Magistrate Sammons: Recognized the Kentucky Magistrates and Commissioners Associate (KMCA) for donating shoes and collecting about $7,000 plus someone matched that. A total of $14,000 for purchasing shoes for children. This is such a needed service for families. We have no idea how many children are homeless and are needing help.

Judge Hunt: I want to circulate a bulletin. There was an incident that happened Friday that was upsetting to me. This handout is for a point of clarity. On Thursday of this week at 9:00am Judge Houston Wells of Franklin County has invited us to visit the Franklin County Compost site. Also Steven Higgins of UK will be on-site to answer questions. Jerry Little from UK Ag Extension Service will bring a van, to hold eleven. 100 Lewis Ferry Road, Frankfort, KY. Be at the Courthouse, we will leave by 8:15 am.

Judge Hunt: ICD code for COVID19 test has been established – anyone participating in the Boyle County Health Plan has no member cost share. This must be added to our health coverage. Motion to approve plan benefit change made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Motion passed by unanimous vote.

Meeting adjourned.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive