Fiscal Court Approved Minutes – April 14, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 14th day of April, 2020 at 9:00 a.m. via “Go-To-Meeting” virtual attendance. Members present at the meeting were:

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

Others present online were, Fiscal Court Clerk Anne Nagy, County Treasurer Mary Conley; Asst.-Treasurer-Laurent Nash, EMS Director Mike Rogers, Solid Waste Director Angie Muncy, IT Director Bill Nichols, Planning & Zoning Steve Hunter, Human Resources Shannon Greene, and County Attorney Chris Herron.

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 March 24, 2020, Fiscal Court meeting for consideration. A motion to approve the March 24, 2020, minutes was made by Magistrate Gay, seconded by Magistrate Ellis. Discussion: Magistrate Ellis offered correction on page 3, second paragraph third line. Treasurer’s announcement: add that Mary Conley has asked us to be diligent in our responsibility to fill her shoes as she will be retiring, no date set as of yet. Also, page 4, last paragraph “affect” rather than “effect”. All members voted in favor of accepting the minutes with corrections.

Assistant Treasurer Laurent Nash presented the Payroll totaling $281,734.29, Standing Orders totaling $11,215.66, P.O.s and Vouchers totaling $262,226.35. Total accounts payable bills $1,665,520.42. WEX bill presented to pre-approval $5,406.11, will be distributed among multiple departments would like to write this check on Friday. Motion by Magistrate Gay to approve the bills as presented including the WEX bill. Seconded by Magistrate Short. There was no discussion. The motion carries.

Budget /Cash Transfers: County Treasurer Mary Conley: Budget Transfers were circulated last night. Basically budget transfers to clean up department budget overages. Please call if you have any questions. Motion to approve budget transfers as presented made by Magistrate Short, seconded by Magistrate Gay. No discussion. All members voted in favor. One Cash Transfer from the General Fund to the Joint Jail Fund of $146,000. We did not have a Joint Jail meeting this past Friday, those offsetting cash transfers were sent to Mercer County this morning for their 27% approval. Motion made by Magistrate Sammons to make cash transfer, seconded by Magistrate Ellis. No discussion. Motion unanimously approved.


Executive Order Providing Leave under the Families First Coronavirus Response Act (Revised Order): Acknowledge receipt of revised Order. There is one change on page one, paragraph one: “The Boyle County Fiscal Court shall exclude healthcare providers, emergency responders, and corrections officers for taking leave for reason (e)”. Motion to approve the Revised Executive Order made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Motion to acknowledge receipt approved unanimously.

Request Approval of Perryville Battlefield ABPP Grant Recipient request that Court be Pass-Through Entity: Treasurer Conley spoke on behalf of the Grant Recipient we are requesting the Court be the recipient of the grant and pass it through. The amount is $278,746.50 ABPP Grant for the fee acquisition of a +/-51.45 acre parcel known as the Steedman Tract, located in the Core and Study Areas of the Perryville Battlefield, Boyle County, Kentucky. Magistrate Ellis asked if this is a “matching” grant – it is not per Ms. Conley. Motion made by Magistrate Ellis to approve being the pass through entity, seconded by Magistrate Caywood. Ms. Conley stated she did devote time to assure the proper operation of the grant process. There is no allocation for administration in this grant. No further discussion. All members voted in favor of the motion.

Solid Waste, Angie Muncy: Animal Composting Registration: The composting grant was submitted to the State two weeks ago. Animal Composting Registration forms for Alum Springs and for Perryville Convenience Centers were distributed to the Court. Both sites are considered ideal locations following review by the Kentucky Division of Water, Division of Waste, Department of Agriculture and the State Veterinarian. Technically, there is no regulation or certification of an animal composting site. There are Best Management Practices (BMP). The selection of a site is a decision for the Fiscal Court. If BMP is not being followed, the agencies mentioned would bring that to our attention for correction. The document prepared by Steve Higgins has been modeled by other counties; it not perfect but is a good reference for an ideal situation. Also included in your packet is an Ag Water Quality Plan. This is a standard plan, it is a 40 page document, available online, of best practices and the Court can review and adopt this as our Water Quality Plan. The BMP included here is the Composting of Dead Animal Disposal, including maps. We are not selecting an animal composting site at this time, only registering the sites with the State. The Judge and I have spoken with another County about a cooperative effort but have not received a response from that County. Two months have been spent on this project and there are other issues and concerns within Solid Waste and Recycling. These two sites need to be registered and we need to move ahead with a county-wide plan. Magistrate Ellis: We have had very significant feedback from one of the people who has visited the Perryville site who says it cannot be approved due to multiple deficiencies as mentioned in Dr. Higgins’ paper. I can’t imagine not having the entire 52 page document and in fact under the Administrative Code, on page 27 under KRS 601-1, we should have complete information on things like a Water Quality Plan which is the essence of some of the grave concerns in Perryville, in front of us four days in advance. The Animal Carcass Composting document was emailed to us yesterday afternoon. Discussion continued related to environmental concerns, Best Practice Management directives, costs related to Tri-K Landfill, as well as suggesting all interested parties to visit Franklin County compost center. After much conversation, Magistrate Ellis made a motion to table this issue to April 28, 2020, which is the next regular scheduled Fiscal Court Meeting, seconded by Magistrate Sammons. Magistrate Short asked that we work together and avoid negativity. Question called by Magistrate Caywood. Motion to table: Caywood Yes, Sammons Yes, Ellis Yes, and Short Yes. Magistrate Gay explained his No vote that the registration should proceed and educating the public continue. Judge Hunt stated that if we, in Boyle County, where there is no certification or permitting process from either the State or Federal Government are not allowed to use county owned property for a legal use then we are subjecting ourselves to an additional $70,000 a year of taxpayer money to something other than composting.

Angie Muncy requested to move James Mike Miller, her floater, to be moved to Part Time position vacated by James Ross and requested approval to post a position for a floater in Solid Waste. Motion to approve made by Magistrate Sammons and seconded by Magistrate Cullen. Rate of pay Recycling is $10.50/hour effective April 21, 2020. No discussion. Motion carried unanimously.

EMS Director Mike Rogers: Request approval to purchase Surface Pro’s tablets, already in the budget. Bill Nichols has done most of the work on this. SHI quote is $4,380.00 for four Surface Pro tablets these are used on every EMS run. This includes cases. Motion to approve made by Magistrate Sammons, seconded by Magistrate Ellis. No discussion. All members voted in favor, motion carried. Request to approve two part time hires. Najay King an EMT $12.00/hour effective today. Joey McAlister, Critical Care Paramedic $15.00/hour effective today. Motion to approve these hires Magistrate Caywood, seconded by Magistrate Gay. No discussion. Motion passed unanimously. Request to approve renewal of Compliance Consulting Services Agreement. Annual renewal is $9,500.00. Magistrate Caywood commented that compliance is terribly important these days. Motion to accept Agreement made by Magistrate Caywood, seconded by Magistrate Short. All magistrates voted in favor.

Zoning Ordinance Amendment: Wilderness Trail Distillery: Request review of request for Zoning Amendment either Permit by Right or Conditional Use Permit. Magistrate Cullen made motion to deny request and direct Wilderness Trail Distillery to Planning and Zoning. Motion seconded by Magistrate Sammons. Magistrate Caywood asked Steve Hunter, Planning & Zoning, when the King farmland was purchased. The auction was December, 2019, and all property was zoned Agricultural when purchased. Mr. Hunter recalled the auction company contacted Planning and Zoning but was not aware of any other inquiries related to this property transaction. Magistrate Caywood expressed concern that the public have an opportunity to voice their thoughts and opinions on such a zoning issue. If these buildings are erected on this site, will they be sprinkled? Mr. Hunter referenced the Nelson County Ordinance with has specific language that the rick houses must have sprinklers. Mr. Baker, WTD, indicated to P&Z the building code has a threshold that varies on when these structures must be sprinkled. A Conditional Use Permit would have to go before the Board of Adjustments which would be open to public scrutiny and comment. Magistrate Caywood expressed concern that the property was purchased without subject to zone change which has been utilized by buyers for years. Discussion continued related to the Planning & Zoning process, public opinion and number of Rick Houses planned for the 117 acres along with the P&Z process. Magistrate Gay stated he could support a Conditional Use Permit, not necessarily to this specific transaction, but this may need to be included in our Zoning Ordinance. Conditional Use Permit process allows public input. Magistrate Cullen asked about Smart Growth and what is the best use of this property, agricultural or industrial? Mr. Hunter commented that the best use would be subjective but the property in questions is in an industrial area and already exists on the opposite side of Lebanon Road. Motion restated: Magistrate Cullen denied request from Wilderness Trail Distillery for zoning change, seconded by Magistrate Sammons. No further discussion. Motion carries unanimously.

Administrative Code: Has been distributed to everyone. Please review and discuss with County Treasurer Mary Conley to be prepared for vote April 28, 2020, Fiscal Court Meeting. Motion to review and consider for adoption in two weeks made by Magistrate Ellis, seconded by Magistrate Gay. Magistrate Caywood asked Ms. Conley for explanation of a few sections of the Code. Judge Hunt instructed anyone with suggested changes, additions or deletions send those to to compile before the next Court session April 28, 2020. Our County Attorney will need to review and keep our document legal. This document is disseminated among department heads so everyone is on the same page. No further discussion. Motion carries.

Report of the Audit of the Boyle County Fiscal Court: County Treasurer Mary Conley. I am pleased to circulate this to the Fiscal Court. Magistrate Sammons asked why an out of town firm was used to perform our audit. The State is no longer in a position to guarantee completion date. As a result, we had to seek outside auditors. Two local firms were also unable to guarantee completion dates. Motion to accept this audit performed by Patrick & Associates, LLC, made by Magistrate Sammons, seconded by Magistrate Caywood. No discussion. Motion carries.


Magistrate Gay: Reminder of Census 2020. Please complete and encourage family, friends and contact list to respond to Census. Encourage everyone to stay safe and well during this time.

Magistrate Short: No new business.

Magistrate Cullen: Boyle County has delayed tax filing deadlines in accordance with Federal time filing dates. Do we have a count on participants I today’s call? Bill, IT, says yes. Chris Herron, I’d like to discuss the Business License, Smoking Ban and what if we wanted to rewind the CVB being a taxing district in our county. Expressed concern on connectivity during this virtual meeting. We are going to be facing a budget loss, when appropriations come before us we must take care in making those decisions.

Magistrate Caywood: We are going to live in a different world when we come out of this.

Magistrate Ellis: The Governor announced we are at the 50% mark in the Census. Please encourage everyone to complete Census. KACo asked us to assist in contacting our legislators for assistance overriding SB5 veto override. I will be sharing the memorandum I prepared in March. These documents will be shared with the Court, media and constituents. If composting comes back to Perryville, it will be litigated. We are compelled to develop a Water Quality Plan. I will seek out the permitting process, I am confident, is required public or private in Boyle County.

Magistrate Sammons: Thank you Court for a good meeting. Thank you Bill for setting this up. I would appreciate an Appropriation Request list. Treasurer Conley has this information. She plans on sharing all of this with the Budget at the end of the month. The Budget will be reviewed April 21, 2020.

Judge Hunt: Today we could have used the Circuit Court room with extreme Social Distancing. Do you prefer that or this virtual environment? Mixed sentiment on this. Hybrid is not available due to microphone feedback. Must be virtual or all in person. Best is face to face, even virtually.

Treasurer Mary Conley: PVA received an order that delayed the calendar due date by 60 days. This means certain inspections and tax returns that must be delayed. Normally begin in July, now likely September and October. We are in limbo with our Property Tax rate setting, due dates. I will keep you informed.

Judge Hunt: Meeting adjourned in recognition and deep appreciation of Jessica Deering and her extraordinary volunteer assistance with rehabilitating the neglected horses for 43 days. As of today, all the horses now have new families and safe homes. Also thank you to John Turner in this process. He was there most every day. He is truly selfless and invaluable. Motion to adjourn made by Magistrate Cullen, seconded by Magistrate Short. Motion carries.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive