Fiscal Court Approved Minutes – September 29, 2020

The regular meeting of the Boyle County Fiscal Court was held on the 29th day of September, 2020 at 9:00 a.m. in the Fiscal Court Room of the Boyle County Courthouse. All members practiced social distancing. Meeting was live streamed on the Boyle County Media Channel for the Public. Members present at the meeting were:

John Caywood
Jason Cullen
Tom Ellis
Jamey Gay
Judge Howard Hunt
Phil Sammons
Ronnie Short absent due to quarantine COVID19

Others present at the meeting were, Fiscal Court Clerk Anne Nagy, County Treasurer-Mary Conley, Assistant County Treasurer Keagan Hinkle, Finance Officer Mariah King, PVA Lacresha “My” Gibson, Niki Kinkade, Arts Center of the Bluegrass, EMS Director Mike Rogers, Sheriff Derek Robbins, Peter Klauss-Watch Guard, Jailer Brian Wofford, Maintenance Deputy Glen Williams, County Engineer Duane Campbell, Attorney Mark Morgan, Shannon Greene HR and Director of Information Technology Bill Nichols.

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

Judge Hunt led the Court in the Pledge of Allegiance.

Judge Hunt presented the minutes from the September 15, 2020, Fiscal Court meeting for consideration and the minutes from the Special Called Meeting September 17, 2020. Magistrate Sammons made a motion to approve both sets of minutes as presented, seconded by Magistrate Ellis. No discussion. All members voted in favor of accepting the minutes as presented. Motion carries.

Financial Officer Mariah King: presented the bills for approval. Bills to be paid we have $435,325.63 and standing orders $376,330.04. Motion by Magistrate Gay to approve the bills as presented. Seconded by Magistrate Sammons. There was no discussion. The motion carries.

Budget/Cash Transfers: Assistant County Treasurer Keagan Hinkle: The budget transfers have been circulated. Motion by Magistrate Gay, seconded by Magistrate Caywood to approve the budget transfers as presented. No discussion. Motion carries. We had two cash transfers from the General Fund. One to Joint Jail $88,750 and the other to EMS $100,000. Motion to approve cash transfers as presented made by Magistrate Sammons, seconded by Magistrate Gay. No discussion. Motion carries.

CONSENT CALENDAR:

PVA, Lacresha “My” Gibson – Kroger Agreed Order: Related to our 2016 tax statement with Kroger. After four years in the court system with this one court case I feel we have exhausted all options on establishing a fair assessment of the Kroger. Both Kroger and I have agreed to enter into an Agreed Order for tax years 2016 through 2020. We feel the tax assessment we agreed upon is both equitable and fair and is what is best for Boyle County. Ms. Gibson stated that the Department of Revenue will prepare a supplemental billing and, at this time, we do not have a tax amount to share with the Court. We have approximately 12,000 parcels in Boyle County almost 900 of those are commercial properties and we are bigger than one property assessment. Judge Hunt expressed appreciation of the PVA and the hard work in settling this case. The agreed upon order property assessment for 2016 is $4.3 million and years 2017 through 2020 each $4.45 million. The difference being a remodel by Kroger where the liquor store was added in the front. This increased the assessment beginning in 2017. We had assessed the property at $5M and Kroger assessed at $2.75M. We believe the agreed order is equitable and fair and this is a win-win for both the community and Kroger. Motion by Magistrate Caywood, seconded by Magistrate Sammons expressing appreciation of this agreement. No discussion. Motion carries.

Arts Center of the Bluegrass, Niki Kinkade: Thank you Court for supporting us this year. We did close from March 14 to June 9. This cancelled many events, laid off two workers but were able to bring one back. The staff worked remotely. We began online programming. We created how-to videos, facilitated online meetings for local art groups, virtual versions of our exhibits. We created an art box, similar to a blessing box. Details of various online classes, opportunities and financial challenges in this COVID environment. We are stable financially due to strong support from our community, a grant from the National Endowment for the Arts and PPP loan. What we hoped would be a short term crisis appears to be a longer term issue. We continue to adapt our programming to reach schools and the community. An online store has been launched for sale of artwork. Magistrate Cullen asked about a contest painting bourbon barrels, especially now that Wilderness Trail in part of Kentucky’s Bourbon Trail. Then the barrels could be auctioned. The bourbon barrels are very popular with the downtown merchants. Magistrate Cullen asked if it is feasible to combine The Arts Commission with the Art Center of the Bluegrass. Ms. Kinkade indicated this is being considered.

EMS Director Mike Rogers: Request approval of Full Time Hire of Cassi Centers EMT effective today, 9/29/20, at $9.50/hour. Magistrate Cullen made motion to approve this hire, seconded by Magistrate Gay. No discussion. Motion carries. Director Rogers presented the Heritage Hospice BAA (no changes) and the Heritage Hospice Ambulance Agreement (some language changes which has been reviewed and approved by County Attorney Herron). Motion by Magistrate Sammons to approve both agreements, seconded by Magistrate Ellis. No discussion. Motion carries.

Sheriff Robbins: Peter Klauss from Watch Guard presented information related to body and dash camera video. Watch Guard is part of Motorola. We are a US made product. Manufacturing in Allen, Texas. Record after the fact is the most unique feature we offer. If, for any reason, a body camera is not activated, up to 50 hours may be pulled from the camera. This allows for “pre-event” video. This is accessed administratively via password. There is a loop of recording that is not downloaded unless needed. There is a window of opportunity to get video. This integrates with the vehicle, activation of lights, release of a weapon. All fully integrated. Details of the functionality of the system continued to be presented by Mr. Klauss. This included battery life, devices assigned to individual deputies along with their vehicle providing a synced video. Questions related to obtaining bids or a sole source provider of this equipment; who is purchasing this system -the Sheriff or the Fiscal Court; WiFi recommended speed to download video. Several Kentucky communities using Watch Guard include Frankfort, St Matthews, Shively, Ft. Mitchell and Danville. Policies need to be in place prior to utilizing this equipment and what entity makes that policy depends on who owns the equipment. A twelve week lead time would be required for installation, training and WiFi speeds. Judge Hunt stated that it would likely take a full-time employee to locate video for court cases, open record requests, statistic requests. Juvenile faces would need to be blurred, street addresses and such that must remain private. Watch Guard is working with Kentucky State Police but KSP has not signed a contract with us. Currently KSP does not have dash or body cams.

Jailer Wofford: Roof bids – In your packet are three bids for our roof. Deputy Glenn Williams accompanied Jailer Wofford. Deputy Williams saves the county lots of money by maintaining our jail. Bid from Quality Outdoor Products is $2,570.40 plus $1,200 in bits, epoxy etc. Total outlay $3,770.40. Motion by Magistrate Gay seconded by Magistrate Cullen to approve $3,770.40 for jail roof cap repair. No discussion. Motion carries. Jailer Wofford requested $25,000 check from the Treasurer. Jailer asked Judge to sign SAP agreement as 2nd Party.

Duane Campbell, County Engineer and Attorney Mark Morgan: KY 2168 Shared Use Path Bid. We are here to discuss the bids we received earlier in the month for the Shared Use Path on KY 2168. We received four bids. The low bid was from Sensabaugh Design, seconded lowest is Allen Company. In our advertisement for bids it was stated that the bidder must be on the state’s prequalified bidder list at the time of the bid opening. Sensabaugh was not on that list. Sensabaugh is on the minority contractor list but not the prequalified bidder list. Sensabaugh was not qualified to bid on the date of bid opening. The State has examined the criteria and our process and verified that Sensabaugh was not a qualified bidder. Therefore I am recommending we accept Allen Company’s bid. Our current contract is $259,591.00, Allen Company’s bid is $312,415.78. This is a TAP Grant of $42,000 and we must follow carefully. Kim Tompkins has been working on a new contract to meet the $312,415.78. We would have to provide $10,000 match, hopefully “in kind”. We are requesting approval to access $10,000 from General Fund Reserves in the event in kind does not meet our obligation. Attorney Morgan explained the match process which is fluid at the moment. Treasurer Conley described the contract/bid approval process in relation to Federal funds. Attorney Morgan expressed thanks to Mary Conley for her service as Treasurer. Magistrate Sammons asked Mr. Morgan about bike lane from Hughes Lane to Corporate Drive. Thanks to Rob and Marian Caldwell and Ronnie and Honeybun Stamps. This property is part of a right of way 40 feet wide. Wilderness Trail has also agreed to add trails. We will be approaching BCTC to be included in this. Magistrate Sammons asked if someone would please communicate what is happening in his district.

Great American Brass Band Appropriation: Original fund request was for sound stage, restrooms. The GABBF did not meet the stipulations of the appropriation request. Magistrate Sammons made motion to allow them to keep appropriation as actually spent. Seconded by Magistrate Gay. Discussion related to funds being utilized other than as applied for. The funds being discussed were to have funded the June 2020 Festival that was moved to September and then cancelled. Motion carries. Discussion amongst the Court member’s appropriation request for $10,000 budgeted for the 2021 GABBF has not been disbursed yet. Should this appropriation be disbursed in June 2021? Treasurer Conley reminded the Court that disbursement should be held as close as possible to the festival date, not in advance to avoid this situation.

Shannon Greene, HR: Julie Wagner has accepted the position of County Administrator. Start date is October 16, 2020, at an annual salary of $45,000. Motion to approve this start date and salary made by Magistrate Ellis, seconded by Magistrate Sammons. No discussion. Motion carries. Request approval to advertise for an Animal Control Officer. Motion to approve advertising this position made by Magistrate Cullen, seconded by Magistrate Gay. No discussion. Motion carries.

Treasurer Conley: Presentation of the Treasurer’s Settlement Report for approval. Motion by Magistrate Sammons, seconded by Magistrate Gay to approve the Treasurer’s Settlement. No discussion. Motion carries.

Appointment of Keagan Hinkle as County Treasurer: Motion by Magistrate Sammons, seconded by Magistrate Caywood to appoint Keagan Hinkle Boyle County Treasurer effective October 1, 2020. No discussion. Motion carries. Mr. Hinkle addressed the Court expressing appreciation of this opportunity and gratitude for the training and mentoring provided by Treasurer Conley. Mr. Hinkle wished to reassure everyone that with the supporting staff in the County he will work hard and will respond to requests for information as quickly as possible. Please be patient with me and communicate. Together we will be successful. Thank you again for this opportunity and for Mary Conley’s leadership. Judge Hunt commended Keagan for his statement and looks forward to working with him in the future.

COMMITTEE REPORTS:

Magistrate Sammons presented Animal Control Meeting Minutes. Met on September 1, 2020. Motion to accept Minutes from Animal Control Committee by Magistrate Sammons, seconded by Magistrate Cullen. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Cullen presented EMS Committee Meeting Minutes. Met September 15, 2020. Motion to accept Minutes from EMS Committee Meeting by Magistrate Cullen, seconded by Magistrate Ellis. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

Magistrate Cullen presented Sheriff Committee Meeting Minutes. Met on September 29, 2020. Motion to accept Minutes from Sheriff Committee by Magistrate Cullen, seconded by Magistrate Ellis. No discussion. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Minutes accepted by unanimous vote.

NEW BUSINESS

Magistrate Ellis: KY 1108, Mitchellsburg Knob Road, is in terrible condition. Forkland and remote areas of the district have invited me to attend their next meeting, October 12, 2020. Six or eight feet out from the guard rail the asphalt is split. We need assistance to repair these hazardous areas. Judge Hunt advised Magistrate Ellis we would get with District 7, the road department, fire department and the Forkland Association.

Magistrate Sammons: I have also had calls related to the hazardous conditions on KY 1108.

Magistrate Cullen: I’m sad that this is our last court meeting with Treasurer Conley. You will be missed and I hope you enjoy your retirement, you have earned it. Thank you for all you have done for me, the Court and the community.

Magistrate Gay: I’d like to also thank Mary for her service and Keagan is fortunate to have been trained by the best County Treasurer in the State. I’d like to adjourn in honor of Mary and in memory of Tom Broach.

Magistrate Caywood: Constitution Square replacement appointment status. Judge Hunt responded there are three vacancies. I would like to take our time replacing them. Judge Hunt submitted the name of Judy Sieweke to fill one of the three vacant positions. She is the current president of the St. Asaph Chapter of the DAR. Two other appointments we have yet to make and would like to discuss those. Motion to approve Judy Sieweke as a member of the Birthplace of Kentucky Committee made by Judge Hunt, seconded by Magistrate Sammons. No discussion. Motion carries.

Judge Hunt: We have a day set aside for Mary, tomorrow.

Motion to adjourn by Magistrate Sammons in honor of Mary C. Conley’s 28 years of service to this Commonwealth and County. She has established herself as the preeminent County Treasurer in the State. She has made Boyle County a better place to live. Additionally, in memory of Tom Broach for his service to our County, both of these people have dedicated their lives to this county. Motion seconded by Magistrate Caywood. No discussion. Motion carries.

Respectfully submitted,

Howard P. Hunt III Signature

Howard P. Hunt III
Boyle County Judge Executive