Fiscal Court Approved Minutes – June 9, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 9th day of June, 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, Jailer Brian Wofford, Solid Waste Director Angie Muncy, Public Works Director Duane Campbell, IT Director Bill Nichols, County Attorney Chris Herron, Patricia Beasley, Mark Morgan, Jennifer Kirchner of CVB, Health Department Director Brent Blevins.

Judge Hunt called the meeting to order and Magistrate Phil Sammons gave the invocation.

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the May 21, 2020, Regular Fiscal Court meeting and May 19, 2020 Special Called Meeting for consideration. A motion to approve the May 21, 2020 minutes was made by Magistrate Gay, seconded by Magistrate Short. Discussion: Magistrate Caywood requested the Appropriation votes be listed by name, when possible. Also “consensus” be removed and replaced with voting by Magistrate name or, if applicable, “unanimous”. Magistrate Ellis requested a clarification that John Davis of the Boyle County Library is not resigning rather a board member is resigning. No further discussion. Motion to approve May 21, 2020, minutes with corrections approved unanimously. Motion carries. Minutes from Special Called Meeting May 19, 2020. Magistrate Gay made motion to accept these minutes, seconded by Magistrate Ellis. Magistrate Ellis noted page 3 “motion a made by” should be added to sentence. No further discussion. All members voted in favor of accepting the minutes with corrections.

Assistant Treasurer Laurent Nash presented the Payroll totaling $233,414.66, Standing Orders totaling $1,529.85, P.O.s and Vouchers totaling $4,057,025.70. Total accounts payable bills $4,292,214.57. Motion by Magistrate Short to approve the bills as presented, seconded by Magistrate Gay. There was no discussion. The motion carries unanimously.

Budget/Cash Transfers: County Treasurer Mary Conley stated Budget Transfers where circulated in an email last night to the Magistrate’s District email addresses. Paper copies also in your mail boxes. Primarily interdepartmental movement and some new line items related to COVID19. Motion by Magistrate Short to approve Budget Transfer, seconded by Magistrate Caywood. No discussion. Unanimously approved. Cash Transfers to the General Fund from the Jail Debt Account $48,600. Moving from General Fund to Jail Debt. We have a deposit $200,000+ from the Commonwealth of Kentucky Transportation Department. We are likely not to have to transfer funds but I would like your approval to move funds as necessary. General Fund to EMS $150,000 transfer. This matches the projection carryovers we anticipated. Magistrate Gay makes motion for cash transfer $69,000 per judgement of the Treasurer, seconded by Magistrate Short. No discussion. Motion carries unanimously.

CONSENT CALENDAR:

Consider Appointment to Tim Montgomery to CVB effective 7/1/20: Magistrate Caywood asked who had been serving this position. Judge Hunt offered that Cindy Simmons’ term expires June 30, 2020. A Magistrate nominated Mr. Montgomery. Magistrate Caywood stated he was unaware this position was available so what is the process for making recommendations. Magistrate Cullen shared that several copies of the County Boards and Committees have been distributed to the Court. He reviewed that list, saw that a CVB term was expiring and nominated Tim Montgomery to the CVB (Tourism) Board. Magistrate Cullen prefers to add new members to committees rather than renew appointments of existing members so that the community has an opportunity to serve. Magistrate Cullen took it upon himself to review the Board list. Magistrate Gay asked about a Committee on Appointments. Magistrate Caywood expressed concern that this process is one he is unaware of and he had someone he would like to nominate for this CVB position. Judge Hunt advised that there is a second appointment today, Patricia Beasley for the Human Rights Commission to fill the position of Mr. James Hunn Sr. who resigned effective 5/31/20. I admire Mr. Hunn and respect his recommendation of Ms. Beasley to the HRC. Magistrate Cullen informed the Court that this process has been discussed in the past, along with the Personnel Committee, and the Judge has the authority to make these appointments and request approval of the Fiscal Court Magistrates. County Treasurer Conley reminded the Court that the Administrative Code includes a Board Appointment Committee. If this Board is not utilized, perhaps it should be removed from the Administrative Code. Magistrate Caywood would still like the opportunity to offer a nomination. Judge Hunt asked the Court if he could improve the communication related to these board appointments. Magistrate Gay stated the Court does have the Board list but would like an email reminder of term expiration dates. Discussion continued. Judge Hunt stated that, based on today’s discussion, I will make sure everyone on the Court has a list of the Board lists with term dates. I apologize to Mr. Montgomery and Ms. Beasley. I will postpone this to our next Court date. These two individuals have been contacted but we need to come to the Court prepared. Judge Hunt asked Ms. Beasley is she had a statement. She shared that she received an email that she was appointed to the HRC. Magistrate Caywood assured Ms. Beasley that the issue is the process not her or Mr. Montgomery. Magistrate Caywood recommended we move forward with the appointment of Ms. Beasley since her term would be effective June 1, 2020. Magistrate Cullen took issue with moving forward on one appointment but not another. The process needs to be consistent. Judge Hunt asked Ms. Beasley to come back June 18th for vote at that time. Ms. Beasley agreed to return to Fiscal Court meeting June 18th. Judge Hunt stated an electronic list of all boards will be sent out to each Magistrate.

Consider appointment of Patricia Beasley to Human Rights Commission effective 6/1/20: See discussion above. Postponed to June 18th, 2020, Fiscal Court Meeting.

Boyle County Health Department Brent Blevins: This is the time I come before the Court to present my tax rate for your approval. Due to COVID19, Frankfort processes are not working as well as usual. Normally I can hand form directly to County Attorney. $03.7/100 is our current rate, we are not requesting a change. Magistrate Caywood made the motion to accept this rate, seconded by Magistrate Sammons. No discussion. All Magistrates voted yes: Gay, Short, Cullen, Caywood, Ellis, and Sammons. Mr. Blevins expressed appreciation to the Court for their support during the COVID pandemic. Magistrate Caywood stated the non-smoking issue has not been forgotten.

Jailer Brian Wofford: Presented current numbers on inmates. Jailer presented Southern Health Partners contract but it must be reviewed by the Joint Jail Committee this Friday June 12, 2020. Jailer presented the Court with a check from their Canteen Fund $25,000 to help offset some of the costs of the Jail. Treasurer Conley reminded the Court that this will have to be incorporated into next year’s budget. We need to receive this $25,000 July 1st. Check returned to Jailer with request to present July 1, 2020.

EMS: Consider Part Time Hires: Paramedic Eric Jumper, hire date June 9, 2020, $15.00/hour and EMT Jeff Rion effective date June 9, 2020 at $12.00/hour. Motion by Magistrate Caywood to approve these part time hires, seconded by Magistrate Cullen. Magistrate Caywood stated that EMS Committee met the two part time hires this morning and recommend these hiring’s. Roll Call vote taken: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Public Works: Duane Campbell: We have a request from Wilderness Trail Distillery to improve the road at Alum Springs Crosspike and Hwy. 34. This improvement is at no cost to the County. The Distillery expects increased tractor trailer traffic. Due to State review, the Distillery is offering to improve this intersection widening the road and adding a shoulder to the East. This would make the road much safer. They are also willing to deed the right-of-way to the County. The Distillery asked if County Attorney Herron would write the deed transferring the right of way to the County. Magistrate Sammons asked who would be contracted to perform the construction. The Distillery would be responsible for all expenditures. Magistrate Ellis asked about semi-trailers on the Crosspike, the road does not have shoulders. The widening of the road will go up the hill to the Distillery’s entrance. Magistrate Gay made motion to approve the improvement based on Wilderness Trail funding the project as presented while meeting all State and County specifications. Magistrate Caywood seconded the motion. Magistrate Caywood asked if Public Works will be overseeing the job to State and County specifications. Mr. Campbell stated in the affirmative. No additional discussion. Roll Call vote YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

County Attorney Chris Herron: The County Attorney explained to the Court that his office is allowed to charge a collection fee for cold checks. The County Attorney has discretion as to the use of these funds. Any fees collected but not used by June 30th each year, must be turned over to the County. County Attorney Herron presented the Fiscal Court with a check $40,498.13. County Treasurer had a line item for excess fees in the budget until this year. Ms. Conley advised we must meet all DLG regulations. This cannot be deposited until July 1st. Magistrate Cullen asked if this collection is from a single year. Mr. Herron stated this money is from several years, prior to my term in office. Magistrate Cullen suggested that since we have these unexpected funds, he’d like to fully fund CASA this year. Judge Hunt asked that such a request be made during New Business or Appropriations. County Treasurer Conley restated the handling of these funds: accept the funds per statute and receive the funds July 1. Motion by Magistrate Short to acknowledge the County Attorney funds, seconded by Magistrate Cullen. No discussion. Roll Call vote YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Conservation District Minutes: Judge Hunt reminded the Court that these minutes and financials were requested by the Court. Magistrate Caywood asked to address questions to Allen Goggin. Mr. Goggin is not on this call. Magistrate Caywood discussed with Judge Hunt the removal of two buildings at the Perryville Convenience Center. Judge Hunt explained that this was during the time the Court had voted to give all authority to Judge Hunt to move forward on the issue of dead animal removal. One building was the old County garage and the Stone weigh station house. Subsequently this became an unapproved site. Magistrate Caywood asked if John Bell, Parks and Recreation is on this call. Magistrate Caywood noticed a ball field which he was unfamiliar with and wondered if it is included the Parks and Recreation. Magistrate Ellis asked where this field is located. Magistrate Caywood read from the Conversation District minutes. No location identified. Minutes of February 25th included this information. Duane Campbell identified two ball fields in Junction City Park. Currently only one in use. Hoping to restore and use that field this year – in the Junction City Park. Magistrate Caywood would like these fields available for the use by our youth. Treasurer Conley stated the Conservation District budget was circulated to the Court along with the minutes. We should agree and accept their budget. They have projected carrying over of $85,000 from prior fiscal year. Receipts and expenditures itemized as well. Magistrate Gay made motion to acknowledge receipt of minutes and approve budget as presented, seconded by Magistrate Cullen. No discussion. Roll Call vote YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Sheriff: Requests Approval to Purchase Vehicles: Sheriff Robbins asked to purchase vehicle approved last month to replace the vehicle lost on New Year’s Eve where the dog died. Also, Wren’s vehicle was totaled a month ago. The bid for the truck from Freedom Dodge which has the State Contract is $30,807 and the equipment from LW Emergency Equipment which has the State Contract $9,128.00. Magistrate Sammons asked if any vehicle dealers in Boyle County had the State Contract. The answer is no. Magistrate Sammons asked why buying a truck. Sheriff Robbins: These vehicles are less expensive than the Explorers and cars are too low for some of the County roads and drives. We have more success in a utility vehicle or a truck. Judge Hunt reminded the Court we asked the Sheriff to keep the cost below $40,000. Magistrate Gay made motion to approve purchase of one vehicle for this fiscal year, seconded by Magistrate Ellis. No discussion. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Solid Waste and Recycling, Angie Muncy: We asked for a new copier at the Government Services Center. We tried the used copier from the County Clerks’ office. Danville Office Equipment inspected the Clerk’s copier. To fix the copier the estimate is $1,600. The parts are no longer made for this machine. A new copier was quoted as $4,984.33 which $1,250 would come out of each budget, Solid Waste, EMS and Public Works. What is the recommendation of the Court? Treasurer Conley requested a copy of the specifications for the new copier. Ms. Conley suggested postponing this to the June 18, 2020 Fiscal Court Meeting.

Presentation of Storm Water Protection Plan. Ms. Muncy stated we have Storm Water KPDES for every convenience center. The Ground Water Protection Plan was approved last meeting and now we have Storm Water KPDES. Along with these permits come an unknown expense. Each center will have to be tested twice per year January/June and July/December. Hopefully the cost won’t be too high but I have several calls in to hear what the cost will be. This year we will need to test between July and December 2020. Judge Hunt expressed appreciation for Ms. Muncy’s efforts and work in obtaining these permits. Magistrate Gay made motion to acknowledge receipt of Permits for each convenience center, seconded by Magistrate Short. Roll call vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion to acknowledge receipt carries.
2020/2021 Waste Tire Agreement Grant: This is a $4,000 annual grant. The grant has been signed by the Judge but requires approval of the Court. Magistrate Caywood made motion to accept the grant application, seconded by Magistrate Sammons. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Personnel matters: Ms. Muncy has hired Samuel Edmiston as a Floater and Geneva Hogue starts as a Floater tomorrow. The Recycling Manager will be leaving in November. This will have to be discussed and prepared for. Motion to approve these two hires made by Magistrate Sammons, seconded by Magistrate Ellis. No discussion. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

Request to Approve Advertising for Fulltime Position: Ms. Muncy asked that this be postponed and discussed with the Personnel Committee.

Treasurer Conley: I have prepared and circulate the Commonwealth of Kentucky’s Court of Justice Facilities Reimbursement Form and Agreement. As I prepared the budget for the facilities for the Court of Justice, I’m agreeable to the amounts that are listed under Section 4. Bringing to the attention of the Fiscal Court that during the last Legislative Session those of us who have Court facilities in their Courthouse, reimbursement was reduced for this and coming years. Under Section 5 is a summary of the reimbursement for next year contingent upon the Audit. This year’s expenditures are similar to last years. This does include the work of the Public Work Employees. I would appreciate the Court approving this so the Judge can sign it and we can get it up to the Administrative Office of the Courts. Included in that, Duane and I put together a list of recurring expense items and it notifies them of our anticipated projects. Renovation of public restrooms, second floor Court windows, repaving parking lot and brick tuck-pointing of the Courthouse. Please include this planning tool in your motion to approve. Motion to approve the Court of Justice Facilities Reimbursement as presented and to include the operation and maintenance of judicial facilities for the next 24 months made by Magistrate Short, seconded by Magistrate Cullen. No discussion. Roll Call Vote: YES – Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries unanimously. Letter dated January 27, 2020, from the Administrative Office of the Courts listing estimated vs actual costs. $4,053 actual expenses increase over estimates. This has been paid by the AOC.

Trails Grant: The agreement between the Commonwealth of Kentucky Department of Transportation and the Trails Grant. Mark Morgan, Jennifer Kirchner and Duane Campbell are here to discuss this with us. We have moved into the Construction Phase of this Trails Grant. Motion to accept the Judge signing the Trails Grant Agreement made by Magistrate Sammons, seconded by Magistrate Gay. Magistrate Ellis commented he is supportive of this Grant and we have met in the Perryville area and we hope that we will be expanding trails out in this area as well. Ms. Kirchner offered to provide any documents or context as requested by the Court. Treasurer Conley, Amendment B which impacts the Budget in next year’s fiscal year. $3,000 funding for maintenance of the asphalt on these trails. Mr. Morgan provided context that the original request in 2016 developed estimates on the lifespan of asphalt. No further discussion. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons.

April 2020 Financial Statements: May 2020 will be presented at your next Fiscal Court Meeting. Please acknowledge receipt. Also included is the Constitution Square Quarterly Endowment Fund. One is the agency fund. This is the fund the Fiscal Court invests in. The Dedicated Fund is the Friends of Constitution Square Fund. Magistrate Caywood asked if we have any expectation of contributions to the Funds. Boyle County Fiscal Court is the only one who can contribute to the Agency Fund. Public can donate to Friends of Constitution Square. This information will be forwarded to the Birthplace of Kentucky Committee.

Nesco Contract, Shannon Greene: An agreement from Nesco has been circulated to the Court. We have had difficulty attracting applicants for the Finance Officer. Perhaps Nesco may locate qualified applicants but we must sign an agreement. There is a finder’s fee in this agreement. Magistrate Ellis asked Magistrate Sammons if KACo might be able to help us locate candidates. Treasurer Conley stated KACo allows us to post positions on their website but they do not recruit for applicants. Magistrate Caywood reminded the Court there would be no fee if Nesco does not produce a hire. Motion to accept the agreement of temporary services with Nesco made by Magistrate Gay, seconded by Magistrate Caywood. No discussion. Roll Call Vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries.

NEW BUSINESS

Magistrate Gay: Reminder to respond to the 2020 Census and encourage friends and neighbors. Do your part before someone knocks on your door.

Magistrate Short: Pastor of his Church has offered sanctuary for Fiscal Court meetings. Judge Hunt asked Bill Nichols, IT, if this is feasible.

Magistrate Cullen: Magistrate Caywood and I had a productive meeting with EMS this morning. The new collector for EMS has improved collections but it is important to recognize the hardworking EMS staff for gathering correct filing information at the time in service. Magistrate Cullen asked Duane Campbell if Junction City could have the boxed playground equipment currently in storage in Public Works. Motion made by Magistrate Cullen to allow Magistrate Short to discuss with City of Junction to find a location to erect playground equipment currently in storage. Magistrate Ellis asked that Junction City not be the only possible location for the equipment. Magistrate Cullen stated the equipment is a single unit and cannot be divided. No further discussion. Roll call vote: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Motion carries. Judge Hunt asked the White’s Park playground equipment be dismantled and find another location in the County. Magistrate Gay made that motion, seconded by Magistrate Cullen. Magistrate Gay suggested that we work with John Bell, Director of Parks and Recreation, to verify we have the correct base for safety installing this equipment. Magistrate Ellis asked the Court to consider privately owned property along with County owned property for placement of playground equipment. Discussion included assumption of liability on a privately owned site; hours of operation and access as issues utilizing a non-County owned property. The motion is amended to include if non-county owned property is selected it must be approved by the Fiscal Court. No further discussion. Roll Call Vote YES: Magistrate Gay, Short Cullen, Caywood, Ellis and Sammons. Motion passed unanimously. Magistrate Cullen recommended funds provided (by Sheriff, County Attorney and Jailer) today be allocated to CASA from zero to $4,000. Senior Citizens from $67,500 to $65,000; The Arts Commission raise to $1,000; the Arts Center of the Bluegrass reduce to $10,000. Treasurer Conley cautioned the Court that we have previously funded CASA $2,000 annually. Their request was for $4,000 but historically we have funded $2,000. Magistrate Cullen shared that CASA is under pressure to serve more citizens with less due to COVID19. Magistrate Ellis supports Magistrate Cullen funding CASA at $4,000. Judge Hunt will state these recommendation: $4,000 for CASA. County Attorney Herron expressed his personal support of CASA. He has seen the wonderful work they do. No additional discussion. Roll Call Recommendation for CASA $4,000. YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. Magistrate Cullen recommended lowering Senior Citizens to $65,000. Roll Call Recommendation NO: Magistrate Gay, Caywood, Ellis and Sammons. YES: Magistrate Cullen and Short. Magistrate Cullen: Arts Center Budget down by $2,000 by $1,000 going to Arts Commission and $1,000 to Family Services. Recommendation Roll Call: YES: Magistrate Gay, Short, Cullen, Caywood, Ellis and Sammons. One last question by Magistrate Cullen. Main Street Program is involved in a lawsuit and I am concerned the funds may end up paying toward litigation. Magistrate Ellis stated the line item in the budget is a salary line item only. Treasurer Conley stated we determine where the funds go to. If the allocation is made to an agency, it is our responsibility to certify that they have spent their funds on these specific expenditures. Only other option is to pay bills directly for Main Street Perryville. Judge Hunt stated we should specifically clarify what the allocation is for. County Attorney Herron explained the collection process from a lawsuit. The first step is to garnish the bank account. If funds are in the account, our designation is not considered. The funds could be garnished. Magistrate Ellis stated that other employees are paid from the Fiscal Court Budget but are not County Employees such as EDP. Magistrate Cullen restated that funds for Main Street Perryville should be set in reserve to protect against loss in a lawsuit. Magistrate Sammons made recommendation at $30,000 and earmark for salary only. Roll Call Vote: NO Magistrate Gay, Short, Cullen Caywood. YES: Magistrate Ellis and Sammons. Recommendation keep salary at $28,000 and earmark for salary only. Roll Call Vote YES Magistrate Gay, Short, Caywood, Ellis, Sammons. Magistrate Cullen: NO. Magistrate Cullen expressed appreciation of our law enforcement teams. Reminding everyone to vote, exercise the right so many have died for. Magistrate Cullen apologized to Tim Montgomery and Patricia Beasley for the unprofessional way the board appointment was handled.

Magistrate Caywood: Judge would you please share with the Court regarding the funds we may be eligible for. Through DLG there are COVID19 funds available to each county based on population to offset expenses as a result of COVID19. Boyle County $1M+. Next Court session we will ask the Court to move forward with an application. A sample of such resolution and application is in your packet for information but will not be addressed today. Expenses through December 31, 2020, may be submitted. The application will need to be signed by the entire Court. Magistrate Caywood thanks the community for their actions and responsible peaceful demonstrations.

Magistrate Ellis: The Dollar General Store in Parksville. The citizens are concerned about a large LP gas tank, lack of landscaping and bright lighting. Also, Friday night, flooding in the ditch overran into a neighbors’ front yard. Also, I would hope that our meeting might be short enough June 18th to consider the Administrative Code. Lastly, the cattle situation Kentucky Commission of Agriculture is investigating price fixing by the Department of Justice. Three months ago, we looking at the departure of CVB from Constitution Square. Parks and Recreation has invited me and Magistrate Cullen for a transition meeting. In my meeting with John Davis at the Library I am aware the library has room for our Fiscal Court meetings. Judge Hunt asked if anyone in District 1 is willing to serve on the Library board. The two we were considering are not available at this time.

Magistrate Sammons: Expressed thanks to our First Responders and military and also, thank our Sheriff’s department and the Chief of Police in Danville. The local demonstration were peaceful and I am proud of that. I’d like to restore funding of the Veteran’s Appreciation Luncheon also increase the GABBF to $10,000. Magistrate Sammons made Motion, seconded by Magistrate Ellis Veteran’s Appreciation Luncheon from $500 to $1,000 for use for golf carts. Roll Call Vote: YES Magistrate Short, Cullen, Caywood, Ellis and Sammons. Motion carries. Magistrate Gay had previous engagement unavailable to vote. Second recommendation is to increase Great American Brass Band Festival from $7,500 to $10,000. Roll call vote: NO Magistrate Short, Cullen,
YES Caywood, Ellis and Sammons. Motion carries three to two.

Judge Hunt: I want to invite all Magistrates to contact me on the best way to proceed for appointments to boards and committees. The Administrative Code addresses this but has not been followed. I would appreciate everyone’s input and outline your recommended process. Send this to me as soon as possible.
Special called meeting June 29th , 9:00am for paying as many bills as possible. Judge asked if we would approve Sheriff’s Local Tax Settlement contingent final settlement audit. Motion made by Magistrate Ellis, seconded by Magistrate Sammons. No discussion. Roll call vote: YES: Magistrate Short, Cullen, Caywood and Sammons. Motion carries. Magistrate Sammons makes motion to adjourn, seconded by Magistrate Short. Motion carries unanimously.

Respectfully submitted,

Howard P. Hunt III
Boyle County Judge Executive