Fiscal Court Approved Minutes – April 28, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 28th day of April, 2020 at 9:00 a.m. via “Go-To-Meeting” due to COVID19. Members present electronically 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, Asst.-Treasurer-Laurent Nash, Jailer Brian Wofford, EMS Director Mike Rogers, IT Director Bill Nichols, County Clerk Trille Bottoms, Sheriff Derek Robbins, County Attorney Chris Herron, Planning & Zoning Steve Hunter, Solid Waste Coordinator Angie Muncy and County Engineer Duane Campbell.

Judge Hunt called the meeting to order and Magistrate Jason Cullen gave the invocation.

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the April 14, 2020, Fiscal Court meeting for consideration. A motion to approve the April 14, 2020, as presented minutes was made by Magistrate Gay, seconded by Magistrate Cullen. Discussion: Magistrate Ellis asked if the You Tube video of the meeting was part of the public record. Judge Hunt offered that the official record is the minutes recorded in the County Clerk’s office, the video is archived but not in the County Clerk’s office. No further discussion. All members voted in favor of accepting the minutes as presented.

Assistant Treasurer Laurent Nash presented the Payroll totaling $285,544.61, Standing Orders totaling $11,185.76, P.O.s and Vouchers totaling $213,891.30. Total accounts payable bills $510,621.67. Motion by Magistrate Gay to approve the bills as presented. Seconded by Magistrate Short. There was no discussion. The motion carries.

Budget /Cash Transfers: County Treasurer Mary Conley: I have circulated budget transfers via email this morning and on paper. These are mostly housekeeping items and I am always available to go over these in detail. If there are no questions, I would appreciate approval of the budget transfers. Motion to approve budget transfers made by Magistrate Caywood, seconded by Magistrate Sammons. No discussion. Motion carries. Cash transfer from the General Fund to EMS of $100,000. Motion to approve cash transfer made by Magistrate Ellis, seconded by Magistrate Short. No discussion. Motion carries.

Consent Calendar:

Judge Hunt: I have made the decision to not consider the Alum Springs Convenience Center for Dead Animal Composting due to environmental issues beyond human control. At this time, there should be no further discussion of Dead Animal Composting until the public has the opportunity for input. That date will be determined based on COVID19 guidelines.

Request Approval of Incentive Payment for Completion of Training: Magistrate Short – $2,156.30. Motion made by Magistrate Gay to approve the Incentive Payment, seconded by Magistrate Caywood. No discussion. Members voted unanimously in favor of motion.

County Clerk Trille Bottoms: County Clerk Bottoms presented the Clerk’s Quarterly Report through March 31, 2020. All Magistrates acknowledged receipt of the Quarterly Report as presented. Treasurer Conley noted that last year’s first quarter and this year, the book balance increased approximately $300,000. The State initiated the increased fees, not local recommendation.

EMS Financial Report: Informational only, no discussion. Magistrates acknowledged receipt of Financial Report. Magistrate Caywood inquired how staff is coping with the Pandemic. Director Rogers stated everyone is doing well and EMS is focused on acquiring an inventory of PPE and medications. Costs are increasing on all supplies. Judge Hunt stated that EMS has very little choice in where the third party providers obtain the PPE. Many manufacturers are looking to bring such production to our Country and not be dependent on other Country to provide our needs in medications and PPE supplies. Magistrate Short noted that we will see many changes in this next year in how we obtain our medications.

Sheriff Derek Robbins: Presented First Quarter Report ending March 31, 2020. Sheriff stated spending decreased approximately $4,200. Magistrate Cullen inquired as to the status of the department staff and wished them good health. Magistrates acknowledge receipt of the Sheriff’s report

Consider Wilderness Trail Distillery Request for Conditional Use Permit: Magistrate Gay described the opportunity for public input if a Conditional Use Permit “CUP” is applied for by Wilderness Trail Distillery. This is an industry (distilled spirits) issue and should be considered by the Court for possible future growth of the distilled spirit industry in our County. Discussion continued related to the owner’s options and those options available to the County as well as opportunities for public input. Steve Hunter of Planning & Zoning joined the conversation. The zoning ordinance does not have a means for spirit storage in an agricultural zone. Industrial zones are normally in or near cities and not the normal setting for distilleries. Nelson County language could be used as the base language for our amendment. Again, this is an industry issue not just this particular distiller. Motion by Magistrate Gay, seconded by Magistrate Ellis for Planning & Zoning Committee o prepare language for consideration as an amendment to Zoning Ordinance to allow Conditional Use Permit process for storage of distilled spirits in agricultural zone. The CUP would go before the Board of Adjustments for public input and scrutiny. Magistrate Sammons voted No. Remaining Magistrates voted in favor of drafting ordinance language for consideration. Motion carried.

Centre Memorandum of Agreement – Temporary Housing: This is submission for acknowledgement of receipt. This MOA provides a safe environment for four EMS personnel to sequester. Coverage for any liability is covered under our KACo umbrella policy. Magistrates each acknowledged receipt of the Agreement.

Presentation of Annual Budget 2020-2021: Treasurer Mary Conley presented Annual Budget for acknowledgement of receipt. In addition to the Budget is a copy of agency requests. Ms. Conley expressed concern for the balance of the reserve carry over. That budget includes a tax increase that was passed in December 2019, also some shortfalls in this year will be reflected in carry over to next year. A proposed 25% decrease in expenditures is recommended by the Treasurer. This is the presentation, Budget Workshops by Department will be discussed in upcoming meetings and specific decisions will be made at that time. Extensive discussion related to major purchases, the distinction between essential and non-essential items, loss of revenue due to State cuts, reserves, carryovers and the anticipated financial recovery time which could require several years. Each page of the Budget was reviewed and many specific line items discussed. Magistrate Gay reminded everyone that Budget meetings are scheduled for May 5, May 12, and May 19 at 9:00am. First reading of the Budget on May 26, 2020. Motion by Magistrate Gay to acknowledge presentation of the Annual Budget by Treasurer Conley, seconded by Magistrate Short. No further discussion. Motion carried.

Judge Hunt: As recommended by the Finance Committee, I initiated a letter of essential use only funding that was sent to each department head across the county and all elected offices where we have interfacing fiduciary responsibility. We are moving forward frugally.

Joint Jail Budget Workshop: Treasurer Mary Conley reminded that notes related to the Joint Jail Budget were sent in your packets as well as being presented to the Fiscal Court in March. Treasurer Conley reviewed each line item listed in the 20/21 Joint Jail Preparation Notes including sections: Revenue, Expenses, Department Requests and Retirement. Budget was prepared in early February 2020 and there was not consideration of COVID19 and the reduction in inmates. This reduces our carryover. Motion to acknowledge reduction in our estimated carryover, by Magistrate Gay, seconded by Magistrate Short. No additional discussion. Motion carries. Jailer Wofford informed the Court that facility camera purchase will be included in this fiscal year grant fund and another grant fund in 20/21. Expected Reimbursement for Canteen Payroll: a longtime employee has left, the replacement shows as an offset to that salary out of the Joint Jail Fund. Motion to reduce 20/21 budget Canteen Payroll Reimbursement Account $4,160.00. Motion made to reduce expected Canteen Payroll Reimbursement by $4,160.00 by Magistrate Short, seconded by Magistrate Sammons. Motion carries unanimously. Salary Line items discussed in-depth. Training is included in the salary figures as well as 3% increase effective January 1, 2021. All details listed in the 20/21 Joint Jail Preparation Notes. Washer and dryer listed in budget, Jailer Wofford advised these were in the budget but he is hoping to postpone purchase as long as possible. Treasurer Conley suggested the funds be moved to reserve account. Motion to move Washer/Dryer budgeted items 20/21 $17,820 to reserve account by Magistrate Ellis, seconded by Magistrate Gay. Motion carries. Treasurer Conley: we discovered in the 19/20 projection we need to add $31,273 to the projections which will reduce your carryover because there was a Qualified Mental Health contract we signed in February, we didn’t know where we were with it, we were not getting bills and not in my detail. The last Court date we paid bills for September, October, November, December, January and February. Running approximately $4,000 per month. This reduces our carryover by $31,273. This will increase the Boyle/Mercer contributions to offset that. Also there is a $430,000 contract presented that was actually $483,000, an increase of $53,000. Motion by Magistrate Gay to accept the presentation of those two budget moves, seconded by Magistrate Short. No further discussion. Motion passes unanimously. This is inmate Medical and Qualified Mental Health. Discussion of costs of PPE, hand sanitizer, especially related to COVID19 began. The question was posed where could we find cuts to offset these expenditures? Concerned expressed that the volume of inmates will increase via the Courts. The Jailer agreed to keep separate figures for expenditures related to COVID19. Motion made by Magistrate Gay to raise budget from $5,500 to $6,500 seconded by Magistrate Short. Motion carries. Jailer requested reduced ammo and conferences/workshop from $12,000 to $9,000. Motion to adjust Magistrate Ellis, seconded by Magistrate Gay $12,000 to $9,000 line item. Motion carries. Staff travel needs to be increased by $1,000 vehicle is used for home commute and transfer of inmates. Motion by Magistrate Gay, seconded Magistrate Ellis. Magistrate Ellis requested look in IRS ramifications of home travel. Motion carries. New Equipment items reviewed by Treasurer Conley. Ms. Conley requested delaying the purchase ballistic vests and postpone the replacement of the computer server since we have another year of warranty on this item. Jailer Wofford asked that the ballistic vest purchase be reconsidered. Discussion of options related to any such vests in Sheriff Inventory. Motion made to add $7,500 in Computer Server Reserve and delay purchase of $5,000 vests, by Magistrate Gay, seconded by Magistrate Short. Discussion amongst the Court, Jailer and Treasurer. Option to reduce purchase of five vests to three. Jailer Wofford checked into Homeland Security Grant for vests but we did not qualify. The vests have a shelf-life. Magistrate Caywood requested Judge Hunt contact Doc Holliday, of Harrodsburg, to see if his extensive outreach, he may be able to locate vests for us. The budget can be adjusted which is why it is being discussed. Amendment to Motion to leave $3,000 in for vests by Magistrate Gay, seconded by Magistrate Ellis. Motion carries. Treasurer Conley continued detailing line items for the Court. Ms. Conley requested approval of retirement freeze for the next budgeted fiscal year. Retirement being frozen at 20.06%, a reduction of $47,500 making the total $402,500. Motion by Magistrate Gay to reduce retirement, seconded by Magistrate Short. No discussion. Motion carries.


Magistrate Gay presented Finance Committee Meeting Minutes. Met April 21, 2020. Motion to accept Minutes from Finance Committee by Magistrate Gay, seconded by Magistrate Sammons. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.


Magistrate Gay: Reminder to respond to 2020 Census and encourage everyone to do so.

Magistrate Short: Want to thank all the Magistrates for their hard work.

Magistrate Cullen: The Farmer’s Market is opening this Saturday May 2nd 9:00am-1:00pm. Health and safety practices will be followed. Looking forward to reopening our local economy.

Magistrate Caywood: Occupational tax withholding normally due April 30, 2020, has an extension been granted due to COVID19? The due date is listed on the website. I ask the Court to adjourn in memory of Treasurer Conley’s father, Rey Schaefer. We will always remember him.

Magistrate Ellis: Will Administrative Code be discussed today? Determined this will be postponed two weeks. Magistrate Ellis brought up Dead Animal Removal and read a letter from Rick Girdler. Multiple concerns detailed by Magistrate Ellis including distance requirements from historic homes, the Chaplin River and a subdivision development. If the Court moves forward with Perryville Convenience Center as the location of Dead Animal Removal we would be subject to litigation. Magistrate Ellis continued reading literature from UK Department of Agriculture related to composting of dead animals. As a result, there does not seem to be a need to hold a public meeting. If the media does not cover this, I will be writing an article and releasing it to the media myself.

Magistrate Sammons: I would appreciate having a limit on our meetings. Sitting here for 3.5 hours is more than I can absorb. I would like to remove Perryville from consideration for Dead Animal Removal site. Magistrate Sammons also recognized Rey Schaefer.

Judge Hunt: Solid Waste has a new paper shredder and everyone is invited to go and see it. A rotator arm for a forklift would operate as a bale. FFA does have our flowers available but will not be able to plant or maintain them due to COVID19 restrictions. FFA has offered to donate the plants because they cannot maintain them. James is willing to plant and maintain the flowers. The cost to maintain ($2,000) the flowers ($694.90) will not be incurred by the Court. Magistrate Sammons requested we pay $694.90 for the plants. Magistrate Cullen reminded the Court that this was a donation so we should pay for the plants. Magistrate Sammons made motion to reimburse Boyle County FFA for actual cost of the plants, seconded by Magistrate Ellis. No further discussion. Motion carries.

Judge Hunt request meeting be adjourned in honor of Rey Schaefer. Motion to adjourn made by Magistrate Sammons, seconded by Magistrate Caywood. Motion carries.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive