Fiscal Court Approved Minutes – June 18, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 18th day of June, 2020 at 9:00 a.m. in the Circuit Court Room of the Boyle County Courthouse. All members practiced “social distancing” due to COVID19. Meeting was live streamed via You Tube for the Public. Members present at the meeting were:

Jason Cullen
Tom Ellis
Jamey Gay – attended via “Go-to-Meeting”
Judge Howard Hunt
Ronnie Short
Phil Sammons
John Caywood was not present.

Others present at the meeting were, County Attorney Chris Herron via “Go to Meeting”, Fiscal Court Clerk Anne Nagy, County Treasurer-Mary Conley, Jailer Brian Wofford, Public Works Director Duane Campbell and IT Director Bill Nichols.

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

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the June 9, 2020 Fiscal Court meeting for consideration. A motion to approve the June 9, 2020, minutes as presented was made by Magistrate Sammons, seconded by Magistrate Short. Magistrate Ellis noted two typographical errors. No further discussion. All members voted in favor of accepting the minutes, with corrections, as presented.

Treasurer Mary Conley presented the Payroll totaling $298,563.49, Purchase Orders totaling $104,873.16 and Vouchers totaling $114,836.09. Southern Health Partners (SHP) reduced $1,033.92 resulting in total accounts payable bills $517,238.82. Motion by Magistrate Short to approve the bills as presented. Seconded by Magistrate Sammons. There was no discussion. Motion carries unanimously.

Budget /Cash Transfers: County Treasurer Mary Conley: I have circulated budget transfers via email yesterday evening and this morning on paper. 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 as presented made by Magistrate Sammons, seconded by Magistrate Short. No discussion. Motion carries unanimously. Cash transfers: There are two cash transfers, both from Joint Jail Operations $109,500 and $3,000 to the General Fund. Motion made to approve cash transfers as presented made by Magistrate Short, seconded by Magistrate Sammons. No discussion. All members voted in favor of approving the cash transfers.

CONSENT CALENDAR:

Request Approval Appointment of Tim Montgomery to CVB effective July 1, 2020. This is a three year term. Judge Hunt advised the Court that we would be reviewing the Administrative Code later in the meeting and he would like to remove portions of the Administrative Code related to committee appointments and boards. I’d like to consider the promotion of vacancy opportunities from my office, in the future, in advance of those appointments’ closing date for consideration of new nominees. Should the nominee agree with my vision of those committees, they would be presented to the Court for confirmation. Similar to a Presidential nomination for Senate confirmation. I would present a nominee that I agree with, suggested by anybody or by myself, to the Court for consideration for an up or down vote. Until that vote is taken on that respective nominee we would not consider another nominee. Should this first nominee be voted down another nominee will not be considered until the next Court session. So, that being the case, the nomination of Tim Montgomery was presented to me, I agreed with the suitability of Mr. Montgomery so I am putting his name forward to the Court today for an up or down vote. I request a roll call vote for confirmation of Tim Montgomery to the CVB effective July 1, 2020: Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Sammons and Ellis. All Magistrates in attendance approved this appointment. .

Request Approval Appointment of Patricia Beasley to Human Rights Commission effective June 1, 2020. This is a three year term. This nominee comes highly recommended by Mr. James Hunn, Sr. Judge Hunt agrees with this nomination and put her forward to the Court for an up or down vote as an appointee to the Human Rights Commission. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Ellis and Sammons. All Magistrates voted in favor of appointment. Judge Hunt: Congratulations Ms. Beasley. Thank you for your patience. Do you have any questions for the Court? Ms. Beasley did not and thanked the Court for the appointment.

Co. Clerk, Trille Bottoms: Judge Hunt read the Amendment to the County Clerk’s 2020 Annual Budget resulting in Budgeted Excess Fees of $283,654.00. Treasurer Conley advised the Court that the Clerk’s office accepts responsibility to pay Employer’s Match Social Security, Retirement and Employer’s Paid insurance. This does not represent any new hires. This shift reflects the true impact to our General Fund by accurately detailing the Budgeted Excess Fees. The Fiscal Court used to pay these benefits but now the Clerk will absorb the costs and turn over the net Budget Excess Fees to the General Fund. Motion to Approve and Accept Amended 2020 Budget made by Magistrate Ellis, seconded by Magistrate Short. No discussion. Magistrates voted unanimously to accept the Clerks’ Budget. Motion carries.

Joint Jail Update: Jailer Brian Wofford read excerpts from the June 12, 2020, Joint Jail Meeting minutes. Magistrate Gay made Motion to approve The Health Department Inmate Medical Contract, seconded by Magistrate Short. No discussion. All voted in favor, motion carries unanimously. Magistrate Cullen made motion to approve the Shepherd House SAP Contract, seconded by Magistrate Sammons. Magistrate Cullen expressed gratitude that the SAP program continues even with reduced numbers. Also requested that we invite Roger Fox from Shepherd House IOP and James Hunn Jr to the Court to update us on their work. No further discussion. Motion carries unanimously. Southern Health Partners Contract is an increase of 3% which is normal. Motion by Magistrate Cullen to approve SHP contract, seconded by Magistrate Ellis. Motion carries unanimously. Contract with Danville Office Equipment copier service. Jailer Wofford explained copier is paid for so this service contract will keep it in good order. Motion made by Magistrate Sammons to approve service contract, seconded by Magistrate Cullen. Motion carries unanimously.

DLG Application and Resolution re: COVID19: Judge Hunt stated that the DLG has established a COVID19 fund. Boyle County portion, based on population, to reimburse the County for costs incurred due to COVID19 through December 31, 2020. An application must be submitted by each County Court and must be accompanied by a Resolution 20.06.18. Motion to approve Resolution and Application by Magistrate Cullen, seconded by . Magistrate Ellis asked about amending the Resolution if costs increase. Treasurer Conley explained these are Federal funds funneled through the State to the Counties. FEMA also has funds but is much more difficult to meet their requirements. At this time we will wait to see what the CAREs money funds. There is no closing date for FEMA, it is open ended so we can access if needed. Magistrate Cullen asked if our electronic equipment, purchased to livestream our meetings, would be covered under this. County Treasurer stated that it is covered. All members voted in favor of application and resolution. Motion carries unanimously.

Request Approval of Local Health Department Services to Employees of Boyle County Fiscal Court: Motion by Magistrate Cullen, seconded by Magistrate Sammons. Magistrate Ellis asked for clarification of specific sections of the Contract. Discussion amongst Magistrates, County Attorney Herron and County Treasurer Conley; no changes made to the Contract. No further discussion. Motion carries unanimously.

Consider Replacing Solid Waste/Recycling, Public Works & EMS Copier: Treasurer Conley advised the Court that the cost to service equipment was excessive versus replacing the copier. The copier quoted does not include the huge paper, normally only used by the County during budget time. That feature doubles the cost of the copier. Eliminating that large paper tray, dropped cost. Magistrate Sammons made motion to approve copier purchase no earlier than July 1, 2020, seconded by Magistrate Cullen. No discussion. Motion carries unanimously.

Public Works- Consider Salt Bids: Duane Campbell presented a list of the tabulation of salt bids – five bids. Low bid from Detroit Salt $60.77/ton delivered to Boyle County. This is approximately $20.00 less per ton since stockpiles were large lowering the price. The last entry on the bids is Magic Salt from Louisville, KY. Mr. Campbell recommended we accept their bid $94.75/ton, this is an at-will contract not a guarantee. This salt works better at lower temperatures. Mr. Campbell will not purchase Magic Salt unless weather requires the specialized salt. Delivery time is 72 hours after order placed. Detroit Salt stores their salt in Lexington. Bids were via Reverse Auction through KACo. Motion to accept bid from Detroit Salt and Magic Salt, as needed, by Magistrate Sammons, seconded by Magistrate Short. No further discussion. Motion carries unanimously.

Administrative Code Review: Magistrate Ellis opened discussion of the Code. He asked if we needed to make any changes to our Code to allow “virtual” attendance to vote in our meetings. Judge Hunt advised that we are allowed to do this during the Pandemic. The Boyle County Fiscal Court wants to continue livestreaming our meetings. Motion by Magistrate Ellis to incorporate into the Administrative Code language for remote voting verbal and/or visual voting, seconded by Magistrate Cullen. Motion carries unanimously. County Attorney Herron stated he would add this language. Magistrates reviewed and discussed various sections of the Administrative Code. Magistrate Ellis asked County Attorney Herron if he heard Judge Hunt’s suggested changes to board and council appointments. Judge requested the removal of this section because it is too restrictive and confining. Discussion followed. Judge Hunt and County Attorney Herron agreed to meet this afternoon to prepare the language related to nominations and appointments to boards and committees. Additional discussion continued. Magistrate Ellis suggested 4.20.4 2nd sentence, page 21. Add consideration in the bid selection lowest bid; giving preference to County first, others as necessary. Motion by Magistrate Ellis, seconded by Magistrate Sammons to add “preference to County first”. No further discussion. Motion carriers unanimously. Motion to approve Resolution 20.06.18 and Administrative Code as revised, is adopted June 18, 2020, by Magistrate Ellis, seconded by Magistrate Cullen. No further discussion. Motion carries.

COMMITTEE REPORTS:

Magistrate Short presented Solid Waste Committee Meeting Minutes. Met June 2, 2020. Motion to accept Solid Waste Committee Minutes made by Magistrate Short, 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 Meeting Minutes. June 9, 2020. Motion to accept Minutes from EMS Committee by Magistrate Cullen, seconded by Magistrate Short. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Sammons presented Animal Control Meeting Minutes. Met on June 2, 2020. Motion to accept Minutes from Animal Control Meeting Minutes by Magistrate Sammons, seconded by Magistrate Short. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

NEW BUSINESS

Magistrate Gay: Black Live Matter meeting at Pioneer Playhouse this week was productive. Magistrate Gay suggested that, perhaps, the Review Board could be rolled into the Ethics Board. Judge Hunt asked the County Attorney to review this concept. Judge Hunt agreed with the idea but wants the County Attorney and Magistrates to discuss and advise the public of our plans.

Magistrate Short: Magistrate Short and Duane Campbell visited Junction City and announced the playground equipment would be placed in the Junction City Park, at no cost to the County. The Council was excited and appreciative of the equipment. Judge Hunt: we need a motion to surplus the equipment. Magistrate Short made motion to surplus the playground equipment at no cost to the County, seconded by Magistrate Ellis. This will be donated to the government entity of Junction City and no cost will be incurred by the County to place the equipment. No further discussion. Motion carries unanimously.

Magistrate Cullen: Expressed appreciation of our volunteer Boyle County Fire Department and their services to our county. We have had a situation where a young man’s life was lost in Lake Herrington. The Department’s effort in locating this young man allows closure for his family. Since our pool will not be open this year, please encourage everyone to be careful and select safe places to swim. We also appreciate the Salvation Army in this effort. I’d also like to express my condolences to Philip Dean and loss of Lynne Dean, may we close our meeting in her memory. Judge Hunt echoed Magistrate Cullen’s sentiments. Additionally, in agreement with Magistrate Cullen, in our exceptional Department and Chief Sexton. They had exhausted all their tools. A diver dove nearly 80 feet in Herrington Lake, which is gravely dangerous, the efforts and devotion made the situation the best it could be. Also recognize Jimmie Coffman for his outstanding contribution to the effort.

Magistrate Ellis: Forkland and Perryville are both interested in the White’s Park “last generation” playground equipment. They understand any costs are incurred at the local level, not the County. Each location understands they are to remove and relocate the equipment. Motion by Magistrate Ellis that equipment at White’s Park be surplus for the discretion of relocating to governmental properties at the Forkland Community Center and in Perryville. Seconded by Magistrate Short. County Treasurer Conley described this as an appropriation no further action necessary. Motion carries unanimously. Magistrate Ellis asked IT Director, Bill Nichols about email issues. Additionally, he asked Duane Campbell about county road maintenance. Lastly, Mill Street in Parksville has issues with flooding due to the new Dollar General Store location. Facility lighting, large LP Gas tank, etc. Duane Campbell stated that the State controls closure of any roads. There are statutory guidelines to closing a road.

Magistrate Sammons: Donnie Coffman had hip surgery and is home doing well. Congressman Andy Barr’s wife suddenly passed away. Please keep Congressman Barr and his two little girls in your prayers.

Judge Hunt: When we adjusted our appropriations during the last court session, $2,000 was redistributed from the Bluegrass Center of the Arts. Their original funding request was for $12,000 and the Court approved $10,000. This $2,000 is an additional reduction. I’d like to reopen this discussion because The Arts Center did nothing to cause this reduction and they are having issues meeting their obligations during COVID19. I’d like to ask that we reinstate this $2,000. Magistrate Cullen suggested that all agencies need to be fiscally responsible and no individual organization was singled out. That was never the intent. Magistrate Sammons indicated $2,000 would not hurt us. Discussion continued. Magistrate Cullen asked what the rent is on the Arts Center building. It is unknown by anyone present. Motion by Magistrate Sammons to reinstate $2,000 back to the Arts Center, seconded by Magistrate Ellis. Discussion continued. Roll Call vote: Magistrates Gay, Short, Cullen: No; Magistrates Ellis & Sammons Yes. The Motion fails 3-2. Judge Hunt: I want to recognize as the Judge Executive of the County that tomorrow is Juneteenth. Juneteenth is celebrated annually in the United States on the 19th of June to commemorate Union Army General Gordon Granger’s reading the federal order in the city of Galveston, Texas on 19th of June 1865. In summation, although President Lincoln’s Emancipation Proclamation was issued in 1863, most slaves were not truly free, especially in the remote areas of Texas. Texas was one of the last Confederate states. General Granger’s troops went into Galveston and made the proclamation on the 19th of June, 1865. I would like to read his statement General Order No. 3: “The people of Texas are informed with the proclamation from the Executive of the United States, all slaves are free. This involves the absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that of employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and they will not be supported in idleness either there or elsewhere.” So tomorrow is a day of celebration for many of our African-American citizens.

Judge Hunt requests meeting be adjourned in memory of Lynne Dean and prayerful support of her family. Motion to adjourn made by Magistrate Sammons, seconded by Magistrate Ellis. Motion carries unanimously.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive