The regular meeting of the Boyle County Fiscal Court was held on the 28th day of January, 2020 at 9:00 a.m. Members present at the meeting were:
Judge Howard Hunt
Others present at the meeting were, Fiscal Court Clerk Anne Nagy, Emorie Martin, Michelle Martin, County Attorney Chris Herron, County Treasurer Mary Conley, Sheriff Derek Robbins, Planning and Zoning Director Steve Hunter, Parks & Recreation Director John Bell, Jailer Brian Wofford, EMA Director Mike Wilder, Human Resources Shannon Greene, Rick Serres, Co-Treasurer Laurent Nash, Louise Allen, Steve Cline, Ruby Cline-Eaton, Denise Wells, Susan Neale, Jackie Richardson, Steve Griffin, Michael Denis, Josh Gooch, EMS Director Mike Rogers, Randy Graham, Jennifer Kirchner, Dustin Duvall, Niki Kinkade, Director of Public Works Duane Campbell and Ben Kleppinger with the Advocate Messenger.
Judge Hunt called the meeting to order, Magistrate John Caywood gave the invocation.
Emorie Martin, daughter of Michelle Martin, a student at Danville Christian Academy, led the Court in the Pledge of Allegiance. A motion to bestow the title of Honorary Magistrate upon Ms. Martin was made by Judge Hunt, seconded by Magistrate Sammons. All members voted in favor.
Judge Hunt presented the minutes from the January 14, 2020, Fiscal Court meeting for consideration. A motion to approve the January 14, 2020, minutes was made by Magistrate Sammons, Seconded by Magistrate Gay with changes suggested by Magistrate Ellis:
• Bruce Nichols credited Volunteers in Missions (VIM) from Centenary United Methodist Church with the construction of multiple ramps and assistance to our community.
• Veteran’s Park Deed of Restriction is for a term of 30 years and is self-renewing;
• Jailer Wofford is recognized for his efforts is securing $125,000 in funding from University of Kentucky for HIV Medication.
All members voted in favor.
Judge Hunt also presented the minutes from January 16, 2020 Special Called Meeting for consideration. A motion to approve the January 16, 2020 minutes made by Magistrate Sammons, seconded by Magistrate Ellis, suggested by Magistrate Ellis:
• Change “guests” to” tenants” due to contractual relationship “Guest” was language recorded. Judge Hunt explained his intent was “tenants”.
• Replace “rental structure” with “contractual arrangement”
• Add: Mr. Lassiter responded approximately 12,000-15,000 square feet
Minutes were approved by unanimous vote.
Approval of bills. Assistant County Treasurer Laurent Nash presented the Payroll totaling $321,477.43 and the Standing Orders totaling $3,116.70 and Bills as presented $198,935.95. Total requiring approval $523,530.08. Motion by Magistrate Caywood to approve expenditures. Seconded by Magistrate Sammons. There was no discussion. The motion passed with all members voting in favor.
Boyle County Treasurer, Mary Conley, reminded the Court that we are involved in the Perryville Battlefield White Tract acquisition grant. She stated she has been working diligently with the Department of Interior and ASAP to draw down some funds. Ms. Conley requests approval of payment to American Battlefield Trust upon receipt of grant funds. The Department of the Interior would like to close by the end of this month (January 2020) but, at this time, Ms. Conley does not have access to the ASAP portal to draw funds.. If someone would approve a $450,190.39 draw. Once that draw has been made the check needs to be written and sent overnight to Civil War Trust. Ms. Conley did not want to approve the bill today but once those funds are deposited, requested approval to write the check and get that money to the Trust for closing. Magistrate Gay made the motion to approve based on the availability of the funds. Seconded by Magistrate Short. No further discussion. All magistrates voted in favor.
The Budget Transfers and Cash Transfers. Treasurer Conley stated there were no cash transfers today. We do have quite a few budget transfers. Ms. Conley offered to go through four of them but, as an alternative, offered to discuss them now or meet with her in her office. Magistrate Sammons recommended anyone interested meet with Ms. Conley in her office. No motion necessary to meet with Ms. Conley. Approval is required for budget transfers. Motion to approve budget transfers made by Magistrate Sammons, seconded by Magistrate Gay. Motion approved unanimously.
Soul of Second Street. Michael Denis spoke on behalf of Soul of Second Street. Michael Hughes, was unavailable due to illness. Mr. Denis thanked the Court for their support to the African-American Historical Society of which he is the chair of the history committee. We’ve been able to do a number of things including the Soul of Second Street Festival which has been recognized as one of the best festivals in the State. The Friday before the Festival we hold a history conference either at the library or, this past year it was held at St. James AME Church, dealing with an aspect of African-American history. Last year it was businesses, this year the topic was Sports. We had great attendance, the Library exceeded the 40 person limit which is unusual for a history conference. The Soul of Second Street this year we are working on this. Michael Hughes is the mover and shaker of the Festival. Mr. Denis will be in charge of the history portion of the Festival, we will focus on churches and the importance of religious life. We are also hosting a film festival for Black History Month at the Danville Boyle County Public Library. Thursdays at 6pm, the first film “42” the Jackie Robinson story which talks about the importance of sports in the Boyle County Black community; second will be “Barbershop” which will emphasize the importance the barbershop in social life of the community; third would be “Red Tails” a movie focusing on the military and the importance of the military in black life and the local black people who have served and serve in the community and the fourth film will be “A Raisin in the Sun” 1961 starring Sidney Portier. The theme is a black family overcoming adversity. Four positive films, we are able to do this, at least in part, due to the support of the Fiscal Court which we very much appreciate. Magistrate Gay thanked Mr. Denis and Michael for the Festival. Magistrate Gay has enjoyed the Festival. The Court expressed gratitude to Mr. Denis for the Soul of Second Street and the service provided to Boyle County.
Nursing Home Ombudsman, Denise Wells. Denise thanked the Court for having her here today. She shared a few handouts to illustrate what the NHO has done in Boyle County this fiscal year. The Nursing Home Ombudsman is an outreach for people living in nursing homes, personal care homes and assisted living facilities in the 17 counties comprising the Bluegrass Area Development District. We are very different from most ombudsman programs in Kentucky. Every county has an ombudsman who advocates for those residents but in our area we are fortunate to be able to have the support of our cities and counties where seniors are valued and cared about. For this Fiscal Year the Court supported us and have helped us have a part-time ombudsman, Paula Parks, who lives in Mercer but works for both Mercer and Boyle Counties. She has visited the four Long Term Care Facilities and the three Family Care Homes over 170 hours with the residents in those facilities working on 33 complaints investigated and resolved for those residents. About 30% of the issues involved basic care, for example, no response to call buttons, no one taking them for their showers when they are supposed to or dietary and environment (it’s too cold). We’ve had a lot of pest complaints within the past year. Through the support of the BCFC we are able to have Paula there a couple times per week to visit with residents and develop a relationship with them. Some of the other things we do is work with the Heart of Kentucky United Way to host a project at the Danville Centre where the residents tie-dyed shirts and do coloring and have visitors who may have never been in a nursing home before. Getting the community connected with the nursing homes is very important. Silver Bells gifts are delivered to Boyle County residents who are not expected to have family or friends visit during the holidays. We think it is important to remind those people that the community cares about them. Donations are received from the 17 counties and then gifts are distributed to those residents. My favorite story from Boyle County this year is very sad but we are pleased we could assist this family. This summer, Paula received a call from a resident’s daughter. This elderly woman was dying, in her final weeks of life, on Hospice and she was in another county. The daughter stated her mother’s dying wish was to return Danville to spend her final weeks in the place where she was born and raised. Paula called the two nursing homes in Danville and the patient was transferred to Danville allowing her to spend her last weeks in her hometown. Without the connections this may have happened and the person may never have been able to come home. If anyone has someone in Long Term Care, you can call us. Denise stated she spends a lot of time in her office talking to family members who believe their parent needs Long Term Care but how do we get the care we need? The nursing homes have two year waiting lists. We provide resource information. Magistrate Ellis shared that he identified strongly with the residents who have no visitors outside the facility. Is there any program that might encourage family members to visit residents? Ms. Wells responded that normally families don’t live in the same county or same state or same region as our families. That geographic gap is the greatest reason for the lack of visitors also many of our residents are women, they are the last person in their family, the last person in their friend group, last person in their church group. We don’t specifically have a program that would encourage family members to come visit but we have a Friendly Visitor Volunteer Program. Volunteers visit weekly. There is an orientation because a lot of folks are uncomfortable with nursing homes. We try to acclimate them to the environment they will be in. Magistrate Ellis asked if an ecumenical group could be pulled together and get them to dialogue with NHO to possibly volunteer. A program such as this would show concern for the residents and involve the community. Magistrate Sammons suggested that residents need visitors throughout the year. He asked why 80% of residents are women. Denise – women live longer, typically marry someone older than themselves, they end up being the last parent in their family, and a lot of women take care of their husbands’ so they don’t make it into the nursing home. Men resist going into nursing homes. You cannot force someone to move into a facility. Magistrate Short mentioned that men are much more difficult to handle within facilities than women. Ms. Wells, is aware of nursing homes with Alzheimer’s units which does not admit men because of concerns a male with dementia may assault another resident. Not that all men are a danger of assault. The Court expressed appreciation for the work of the Nursing Home Ombudsman.
Happy Feet = Learning Feet. Susan Neale. Thanked the Court for inviting her and for the Court’s support. We provide children in need with new shoes and socks. We work through the schools to identify children needing help we work with the Family Resource Directors. We partner with Shoe Carnival they give us a discount. They measure the feet in the spring of the year and the shoes come in during the summer and we get them to the schools before school starts. We are a not for profit 501 3© organization, no overhead-every dollar goes toward new shoes and socks. In 2019 we provided 219 pairs of shoes to children in Danville, Boyle County and KSD schools and Boyle County Head Start Program. If you see the children on fitting day – they are so excited. Total shoes over 3,000 since the beginning of the program in 2013. Magistrate Short shared that, as a bus driver, you see the joy of the children with the shoes. When they get on the bus they say – Mr. Ronnie – look at my new shoes. They are thrilled. Susan said they have a choice between three styles of shoes, all name brand, quality shoes. Magistrate Sammons stated how much he appreciated the program and the assistance provided to the children and mentioned that Masons provide shoes. Magistrate Cullen advised his son, a student at KSD, received shoes via this program and he was smiling when he came home. Ms. Neale said all the children at KSD are provided with shoes. The Court thanks Ms. Neale for her time and for the wonderful program.
Shannon Greene, Human Resources asked the Court to consider Jackson Richardson for the tax administrator assistant position. This is a replacement position formerly held by Anne Nagy. Anne is now the Executive Assistant to County Judge Executive and Fiscal Court Clerk. Jackie would be full time making $13.25/hour working directly with Tax Administrator Susanna Ryan. Magistrate Sammons made motion to hire Ms. Richardson, seconded by Magistrate Gay. Judge Hunt indicated he was part of the interview process and believes Ms. Richardson is the right person at the right time for this position. No further discussion. Hire approved by unanimous vote. Ms. Richardson thanked the Court for this opportunity.
Mike Rogers, EMS Director, requested approval to post two paramedic positions, both replacements one from retirement (Karen) and the other accepted a position with UK. Magistrate Gay motioned to approve the posting, seconded by Magistrate Short. Magistrate Sammons asked if we had a recent EMS hire. Yes, one of the interns accepted a position with EMS. Magistrate Caywood asked if locating paramedics for our positions would be an issue for the foreseeable future. Mike stated that he does see a continued shortage as paramedics are being utilized throughout the healthcare system, scope of practice has expanded. It is difficult to compete with UK pay scale. We continue our program of encouraging EMTs to become paramedics with a 2 year employment commitment upon certification. The paramedic program is a two year curriculum and must be accredited. We have stay with a program offered in Lexington because it is offered on rotating shift like ours. Hospitals are offering tuition reimbursement. Campbellsville University is not offering a paramedic program yet but we are working on that. Magistrate Cullen asked if we have recruited on the basis on quality of life, fewer runs, less stress. Mike affirmed that this approach has been used but the majority of folks are interested in money as their bottom-line. We are not seeing the shortages the surrounding counties are experiencing. No further discussion. Magistrates unanimously approved posting these two positions.
Steve Hunter, Director Planning and Zoning, recommendation to Approve Amendment to Joint zoning ordinance – Article 4&5 – First Reading. Mr. Hunter provided a sample ordinance. We are here because we have adopted the new ordinance, second phase. We came to the Court right after Labor Day and you used all of the 90 day clock as did the city, as you were talking specifically about Air BnBs and short term rentals. The 90 days went through November 26th and we did not get the ordinance adopted within the 90 day clock because we had advertised the readings and did not have them timed right. This was just an oversight and so the ordinance actually timed out and the recommendation went into effect, technically, November 27, 2019, because, technically, we did not get the second reading done in time. As you know, there are some housekeeping amendments there were very minor about Air BnBs and we did not get it done so we should run it back through a public hearing. In front of you are the corrections we did not get put in your book because we did not get the second reading done by November 26, 2019. We are amending the new ordinance. The ordinance went into effect, by law, because of the expiration of 90 days. If not approved within the 90 day window it automatically becomes approved. Per statute. That’s an interesting situation because it costs you guys money to advertise notices and due diligence you guys could just let the clock run out and you can just put it into play. The ordinance in front of you is based on what you requested. This has been discussed. Magistrate Cullen made motion to approve the recommendation by planning and zoning, seconded by Magistrate Sammons. Steve interjected that, technically, this is a first reading of the ordinance. County Attorney, Chris Herron, added that if we want to complete this we need to advertise and not wait for the 90 day expiration to automatically approve the ordinance. Mr. Herron recommended advertise once and then, after adoption, we advertise the first reading occurred on January 28, 2020 and the second reading occurred on, whatever date. Steve suggested, based on advertising, the next Fiscal Court meeting, February 11th, may be too soon for the second reading. Steve offered a summary of the information packet – all the changes are in red. The first few pages were city related items, building heights in commercial districts. That was in your to-do list to make the ordinance look the same as a housekeeping item. The main county change is the chart illustrating the conditional to do short term rentals and in Ag districts and you are not going to allow them in single family zones. Today it is prevented in the Ag and allowed in the RR which you will see above it, the cities all took a different approach on that. Magistrate Ellis commented that this was related to the $400-$500,000 house that the owner would allow anything to happen and the neighborhood is very concerned with the left-overs after a weekend. Is this what this will address? Mr. Hunter stated it is not because that is actually zoned R-1 and that is prohibited already. That one is in the city and the other in the county is in an Ag zone. It will be grandfathered in regardless. You may put conditional use permit in play it will affect future proposals not the ones already out there. There is still work being done on a business license to make sure everyone is a good neighbor through licensing. Magistrate Ellis, regarding the county, enforcement is through planning and zoning. This is specifically about Bed and Breakfasts and short-term rentals. This is a housekeeping amendment to the existing ordinance. Judge Hunt stated motions have been made, is there any further discussion of this First Reading of the Proposed Changes to the Planning and Zoning Ordinance. County Attorney Herron will advertise and be prepared for second reading February 11th, the next Fiscal Court meeting. If passed February 11th, February 11th would be the effective date. All magistrates voted in favor of approving the First Reading of the Planning & Zoning Ordinance.
Birthplace of Kentucky Committee has been struck from the agenda. Judge Hunt stated he has several nominations to this committee and has had discussions related to composition and there has been a tremendous outpouring of highly skilled, very qualified people that are being recommended for committee participation. I did not realize that we have a little used Committee of Board Appointment and they have not had a chance to review the submitted names for their review and comment. So I am tabling the committee’s formation until further magisterial review of that suggested list of names, which, right now is in excess of over 21 names at this time for the potential 7, 8 or 9 member committee, whatever it ends up being. So we have a lot of interest and I am extremely encouraged about this and I am tabling it until we have review by the magistrates who have responsibility for board appointments in the committee. Magistrate Caywood thanked the Judge for following the process that we try to go by on a regular basis established with our committee systems. I think having the number of people nominated and willing to serve is very rewarding to see the interest in the community for Constitution Square. The potential is there, particularly in light of the addition of Wilderness Trail Distillery to Kentucky’s Bourbon Trail. What this whole thing can mean supports a little extra time, some more thinking, vision and understanding the opportunities that we have in front of us. It’s a great chance that will affect the whole community and will be very rewarding for all of us. Magistrate Sammons was surprised so many people were interested in volunteering. Judge Hunt stated the current count is 21 and Magistrate Gay says he is going to add some more to it. Magistrate Ellis: I too would like to make a comment, with that many interested people and the consequence of getting things done to showcase Constitution Square for all its history and potential I would like to, at least for the record, for the record, 21, 24, 29 people with the wisdom of those of us who know some of these folks, when we go into the final process that we consider a democratic process where we would have that list of 21 to 29 names, each of us would mark our selections and our Counsel, with his staff would go through and adjudicate the final process to see what the final tally is. This would be fair to everyone who has expressed an interest. Judge Hunt, for the record we will take that under advisement. Magistrate Gay suggested the structure of the Birthplace of Kentucky Committee, goals and objectives, mission and vision depending upon what the Committee actually is that we are appointing people to. Magistrate Cullen pointed out that Judge Hunt was the primary proponent of the creation of the Birthplace of Kentucky Committee and the Judge probably already had these matters worked out. Per Judge Hunt, he does have some suggestions in this regard and will be sharing them with the Board Appointment Committee. The Birthplace of Kentucky committee has no fiduciary responsibility. Magistrate Gay requested that all those interested in the new committee be involved even if not selected to serve. Everyone’s input is essential to the success and sustainability of Constitution Square. Magistrate Cullen asked for the timeline on the creation of this committee. Spring is coming soon and we need some things addressed before July, we don’t want people still tripping on sidewalks in late summer. The purpose of this was to get together quickly and make proper historical and preservation recommendations and get things fixed. If this takes 3-4 months to get together I believe it will be pointless. Judge Hunt reminded that the sidewalks are already in the process of being addressed via the budget. County Treasurer Mary Conley pointed out that a handout was provided for the magistrates so they could review the budget commitments made due the budge process. Discussion between Public Works Director Duane Campbell and Ms. Conley if we are going to deviate from what we planned on doing. There was signage and roofing in the budget but there was no real huge sidewalk repair. What Duane and I talked about to redo or even fix these areas it may cost a reasonable amount of money. Even the projects we are moving forward on we need to keep in mind the budget by drawing from the reserve accounts. Magistrate Cullen requested estimates for the sidewalk repair so an informed decision may be made. Duane and Mary indicated they are working on those figures. Magistrate Short stated the court had proposed the roofing and signage but the sidewalk would still come back to the court. Ms. Conley reminded there must be money in the budget for any project. Magistrate Gay returned to the fact that we some guidelines as to what the Birthplace of Kentucky Committee is and is not responsible for and just what their role is going to be. Magistrate Cullen emphasized the need for a safe park while we can’t afford all the things we would like to have done but we certainly cannot afford to be sued. Judge Hunt, as far as the sidewalks go, he recently had a walk-through of the area and the biggest sidewalk of concern goes from Walnut to Main in front of Fisher’s Row. The others are in good condition and solid. It’s the brick sidewalk in most need of repair. Magistrate Sammons We need to get on this are local tradesmen have been located for this type of work. Duane Campbell responded there is a search for these services going on now. Magistrate Ellis said he hated to get into the weeds but have you studied what the base of this would be so the stability would be there for decades. Mr. Campbell shared sand and concrete are being considered to determine the best material for stability. Magistrate Ellis stated concrete could be an issue due to freezing and thawing but so can settlement with sand. Judge Hunt informed stability trays are used for sand to give a level base and the sand does not crack and the sand goes beneath the brick. Magistrate Ellis expressed concern about mortar between the bricks. Mr. Campbell said there would be no mortar but concrete mixture would be swept into brick. Magistrate Cullen returned to his question of an end date. Last meeting we were told to have recommendations to you by the 28th and now we are extending the time. What can we expect from the Committee on Committees? Magistrate Caywood – we determine a date that the names coming in were cut off. I heard the list became bigger this morning. Judge Hunt indicated by close of business January 28th for nominations. Magistrate Caywood the submission of names should have ceased as of the start of the 9:00am Fiscal Court meeting. Judge Hunt by February 11th we should have everything. Magistrate Caywood might remind everybody this list that we received CVB on what they have been doing and Jennifer has been kind enough to say she will continue to do it but it wasn’t open ended I think we need to move on this quickly. Judge Hunt spoke that this is the reason for the committee because Jennifer and Brittany have expressed a desire to move on but still be connected enough to help where possible. Jennifer Kirchner stated to clarify we are ready and willing to help wherever you decide this comes down we are still doing the event registrations. It’s not very busy right now. I’m not doing anything with Governor’s Circle. No spring planting plans, unless you do want me to do it, this has not been done and needs to be addressed. Duane Campbell responded that Public Works has this covered. Magistrate Caywood acknowledged that the timetable is pretty short for the spring plantings. Jennifer agreed. Judge Hunt said with the nominations closing today we can shoot for February 11 for vision, organizational structure with the court. Magistrate Cullen asked if advisory committees still go through board appointments. Judge Hunt prefers the process be more inclusive rather than less inclusive.
Brian Wofford, Jailer’s Year End Report. Jailer Wofford presented the Court with Boyle County Detention Center 2019 Yearly Summary. While handing out the document, Jailer Wofford advised the Court that, whenever possible, inmates would be made available for the work at the park. The inmates were able to construct the walkway bridge in Perryville. It all depends who available at the time of need. Judge Hunt the road crews from jailer work with Public Works road crews in the area of railroad trestle out to the by-pass. Jailer Wofford informed that this area was cleaned up yesterday. A truck was filled with garbage bags – Jailer Wofford shared photo on his phone with the court. Jailer shared that today’s head count at the Detention Center is 276. Magistrate Sammons requested an opportunity to ask about littering and fines. Magistrate Sammons used to turn in names and license numbers in an attempt to hold people accountable. County Treasurer Conley recalled a time where this was a focus gathering names for prosecution but the problem is it’s my word against your word and the judges’ need evidence of that particular person dumping trash. Trash may be found but contents do not verify how it came to be in that location, even a car tag number does not prove who was driving the vehicle. County Attorney Herron informed the Court that criminal littering is a Class A Misdemeanor which is punishable with up to 12 months in jail. Magistrate Sammons expressed concern that some areas of Georgia fine up to $1,000 for littering and it is clean there because of the fine. If we fine someone here $500 and their name goes in the paper as being fined for littering that would be a deterrent. County Attorney Herron stated he would prosecute cases – the officers must charge someone perhaps we can work out a diversion of some kind. Magistrate Ellis agreed with Magistrate Sammons and shared that, he thinks he may have shared this last year. Toyota had sent many Americans around to many states including Kentucky. If they found litter they moved on to the next state. We were very fortunate that the roads they travelled were not Perryville roads because we have a lot of litter problems out there and in support of Magistrate Sammons, anything we can do would assist. I’ll begin takings tag number when I witness littering. Because this was a serious consideration when Toyota selected Kentucky. Apparently Scott County was pretty clean and it made a difference for Kentucky and Scott County getting Toyota. Magistrate Sammons continued that years ago, a neighbor’s trash was in his yard – he called the neighbor and told them he’d appreciate them picking up their trash. They came and got it and apologized. Magistrate Short spoke to the disregard of bus arm stop arms. He said, as a bus driver, it is unbelievable the rate at which these are ignored. We collect plate numbers but we still can’t get anything done about it. We have a big problem both ways. Mr. Herron said if it comes to me I will prosecute it especially the school buses. Judge Hunt reminded that we are here for the Jailer’s Year End Report. Today’s count is 276 which is almost at the magic number where I will have to use indoor housing, conditional housing and start paying overtime for some of our deputies to come in and cover that. If you do to the first page, last year we housed 3,359 January 1, 2019-December 31, 2019. We booked in 3,089. Released 3,066. Laundry 355,875 lbs. Meals run between $1.05/$1.09 we are required to provide 2,400 calories per day. We served 318,460 meals. Average Daily Population 273. Jailer Wofford detailed the information from his report including transports, recidivism rate, and bookings by arresting agency, medical services provided hospital, doctor visits, medications, on-site sick call. State pays approximately $100,000 per month for housing their inmates out of a total of $150,000 received. Magistrate Sammons asked if the daily rate may be raised to $35.00 this legislative session. The Jailers Association and KACO is lobbying for this increase. Magistrate Ellis encouraged everyone to view the Governor’s address this evening where he expected to focus on jails. Magistrate Cullen asked for a breakdown of cost of state inmates vs reimbursement. County Treasurer Conley said that would be addressed at another time. The analysis has been done in the past and she’d gladly share the information. We would be remiss in making any kind of statement about that today. Magistrate Ellis, Brian, I took from the last time we talked that the scanning, the electronic scanning is relatively new and virtually fool-proof. Would you touch on that for a moment? Jailer Wofford requested an opportunity to complete his report before delving into the scanning. Second page, Southern Health Partners, provided list of medical care runs and locations and inmates served. The number of pregnant females. If a drug addicted pregnant female comes in she is an automatically sent for a seven day inpatient stay at UK before she’ll be released to be cleared to go to jail. That is what is required due to the risk to the child. The detoxing programs. One female required Soboxone or it would endanger the child. Ephraim McDowell does not provide that level of care so we have to take them to UK and UK usually holds them for seven days and so is my staff. 24/7 our staff is there. HIV payment, last year we had three. Previous year was nine. Having the money from UK for HIV meds is a large savings for the county. Magistrate Cullen asked about the number of inmates on suicide watch – was that a recent increase. Jailer Wofford stated over the weekend to Monday we had 7. We had so many inmates on suicide watch that I had to go to Lincoln County to borrow suicide smocks. We were using 13 green heavy smocks. This smock prevents an inmate from tying it around their neck. Magistrate Ellis average inmate has to be checked how many times a day vs suicide watch? Jailer Wofford we do 20 minute checks but we break it up into 10 minute checks. I pay an inmate from canteen funds to watch that door and look through the beam hole to make sure nothing is going on because we have Signal 9s, we have medical emergencies, there are other fights and things going on. There is only one cell with a camera to watch for suicide watch. We had several incidents where an inmate saved another inmate’s life. We just recently had an inmate chew through their wrist. Physically chewed their own wrist to commit suicide. An inmate catches it and notified my staff we take the inmate to the hospital. Magistrate Sammons asked how many inmates can you have on suicide watch at a time. Jailer Wofford: The suicide cell is designed to hold one inmate but sometimes three are held in it. The inmate that was taken to the hospital is returned and this inmate begins to fight and we have to fight them most of the night. We put them in a safety chair for their protection but we must release them every two hours so they do not develop a blood clot. So every two hours we have to resume the fight with the inmate and replace them in the chair. It has been a busy few days at the jail. Magistrate Sammons asked if this was unusual. Jailer Wofford: The population and culture is changing in the detention center. 70% of the people in the jail experienced a past trauma according to mental health professionals are suffering from some kind of trauma whether it be physical abuse, mental abuse, sexual abuse or childhood abuse. Many try to self-medicate in an attempt to feel normal and that’s what we are dealing with. Inmates coming in on drugs have changed from heroine to meth no drop in usage just substance. A lot of people are not showing up for court so judges are making them stay in jail to show up for court. On the third page, a total of all the agencies that bring inmates to us. Boyle County Sheriff’s Department and City of Danville are similar in numbers. Sheriff is working with 9 on his workforce vs 35 on city force. Magistrate Cullen: Mercer sends about 700 inmates for the year, so about half of what Boyle is doing? Jailer Wofford – yes. Inmate Community Service program – hours donated 3,768 @$13/hour for a total of $48.984. All provided in Boyle County. We do not provide assistance to Mercer but they have a jailer who can request and transport inmates if they need help. Mercer does not have the staff for transports.
Jailer Wofford added a product Jail core. A service. It’s a phone with a scanner. When we pull cell checks it will pull each inmate in that cell and list if they are receiving medication, a meal, etc. More efficient process cuts down on time and paperwork. It protects us because it cannot go back and be manipulated for court. So if someone misses a check. It will show the miss. This program is paid out of Canteen, no taxpayer funds. Supervisor is alerted within 5 minutes if a check is missed. In another 5 minutes it will alert again with a red code. The supervisor knows a check is missed. There are reasons to miss a check this allows oversight and accountability. Our contract is coming up. We have an opportunity for 36 month extension with no rate increase we have helped them build their software by asking for certain functionalities they programmers had not thought of. Magistrate Ellis – I’d like to lay down a couple of markers here are we will soon be in the budget process about Canteen distribution and what Brandstetter is saying we will need in deputies because it is going to be a budget issue on both ends. Jailer Wofford forwarded an email regarding the Supreme Court of Kentucky and how we charge inmates booking and stays. It will be resolved in 45 days. If someone comes in the jail and stays 30 days but is found not guilty or charges dismissed unfair for them to have to pay. Magistrate Ellis encouraged everyone to look into this as it is quite eye opening and the history in this case is and now it is before our Kentucky Supreme Court.
Sheriff’s 2020 Budget – Derek Robbins. The budget as a whole went down about $450 this year. Some of that is due to revenue shortfalls due to concealed carry fees and things like that. Magistrate Ellis: are you saying there are fewer? Sheriff said he used to budget $25,000 now we budget $5,000 this year Because of the change in statute. County makes $20, State Police get $40. Magistrate Ellis – The lack of applications does not mean fewer people are carrying but it is legal to open and/or conceal carry in Kentucky. Magistrate Sammons stated the statute was a bad move because without the concealed carry license there is no state reciprocity and Kentuckians cross state lines with a concealed weapon and end up breaking the law without awareness. Sheriff Robbins verified everyone had a copy of the salary caps. We took over some the school resource officer positions and I probably estimated a little high on those costs. We should be more accurate salary cap this year. Judge Hunt asked if the Sheriff could operate with this decreased budget. Sheriff Robbins indicated that he could. We look into possible revenue sources and of course we could be impacted by legislative action. Magistrate Ellis Sheriff with the tremendous outpouring for Officer McCoy and Niki, please update us on where you are with a replacement of our K-9. Sheriff: We are waiting the completion of the Danville Police Department report, then KACO will determine where we go. We expect to go to Florida to select a dog in mid-February and around March he would go back and train with that dog. Estimate late April we should have a new K-9 officer. Magistrate Ellis if you weren’t there for the visitation, over 400 people attended. Magistrate Sammons asked how much time is spent with a new dog. Sheriff Robbins 4-6 weeks. It depends on the nature of the dog and the experience of the handler. This is likely closer to 4 weeks. $13,500 for a new K-9 but this is an insured asset. Niki was insured. Unknown what will be reimbursed. She was listed as an equipment asset. The report is almost complete. Magistrate Caywood – there was a nice story in Danville Living about K-9s in there. Magistrate Ellis this is the one year anniversary of the near tragedy with Phil Dean of Nelson County. At the end of the meeting, adjourn in his honor. Judge Hunt agreed. Magistrate Cullen recalled the great outpouring from the community for Officer Nikki but also remember Casey who was not injured. We could have lost two officers that day. Also, how many officers deputies – 9. Arrests are on par with City. The things that are confiscated, where does that go? Sheriff says if cash is confiscated in a trafficking case and we deposit cash into a holding account. Until that case is adjudicated. If it is a state case and that money is awarded to us that money goes into a seized account. We do not operate out of a seized account. No money in the evidence room. Magistrate Cullen asked the Sheriff to thank his officers and let them know they are appreciated. Magistrate Gay asked if the County Treasurer had any concerns with the Sheriff’s Budget. Ms. Conley stated she had reviewed the budget with the Sheriff prior to this meeting it’s a good solid budget. We are running out of new equipment money in that budget because income has declined. Just be aware. May bleed over into the General Fund. Ms. Conley was hoping that three of his staff people would move from the General Fund to the Sheriff’s Budget but that did not work out. Magistrate Sammons: I wonder what the 120 counties have lost in revenue due the change in concealed carry permit. I’m on the board and I believe that is a good thing for me to bring up. This needs to be rescinded. Sheriff Robbins shared that some people believe we are keeping records on who applied, how many guns they have. We don’t keep anything. All documents are shredded.
Motion to approve Salary Cap, Sheriff’s Budget and Advancement Bond made by Magistrate Cullen. Seconded by Magistrate Gay. Discussion already. Motion carried unanimously.
December Financial Statements – County Treasurer Mary Conley: These have been circulated. We are on track with our collections compared to last year. General Fund cash balance is a little higher in December 2014 and a little lower than in December 2015. We’re going the wrong direction, due to Occupational License Tax increase there is light at the end of the tunnel. Judge Hunt: no approval needed just acknowledge receipt. Retired State Auditors will be performing our audit here on-site. Magistrate Sammons, correct me if I am wrong, we have to submit a bid to the state to approve who we select for our audit. Ms. Conley: what they do is approve that we are going outside for the audit. I make sure that we spend less going outside the state auditors ½ than what they pay and then they only bill out for ½ of that. When we go out and get an audit from an independent firm I make sure that total price is less than ½ price from the auditor’s office. We are required to have the audit but the state office is inundated with special audit and routine county Sheriff and Clerk audits. The Sheriff and Clerk cannot go outside and hire. Only the state auditors perform their audits. There is a limited amount of auditors available to do county-wide audits. So they encourage us to go outside since Standard and Poore’s and Moody’s report and we must meet a deadline. The state will come back every third year and audit us. Magistrate Sammons asked do you send our audit out for bid. Ms. Conley – no we sent out requests for proposals to any auditing size CPA firm within a 35 mile radius. Sent out 30 request letters and very few responses. Many firms choose not to do audits if they get into auditing it’s pretty much all they do.
Reminder – Ethics Committee Financial Disclosure Statements are due.
Magistrate Gay: no new business.
Magistrate Short: no new business.
Magistrate Cullen: Office McCoy interesting piece last night when I was at the Danville City Commission meeting found out that the main source of revenue for the City is water and sewer. That brings me back to the recent Pulse of the People we had in Perryville. A gentleman said his water will was approximately $300 per month. $60 is water and $240 is sewer. 3 to 1 ratio. His question was if I have water coming in how it is going out three times as heavy. Magistrate Ellis is still on the hunt for this. Hopefully he and I are going to be able to go to our new Attorney General to possibly get relief in his neck of the woods. Someone that lives in Junction has the same problem it comes back to us because she has been going to Community Action for assistance in paying her water bill. We support Community Action and therefore are paying for the exorbitant City sewer bills. It’s come full circle. The City spent in excess of $100,000 for a fountain in our square last night. I appreciate Rick Serres and the commissioners out there but their idea of budgeting is very different. Magistrate Cullen also shared a copy of the Advocate-Messenger with a photo of Larry Cullen (no relation) he was awarded Kentucky Volunteer of the Year with CASA. He is from our county has only been a resident of our county for a few years. This is a great honor and I appreciate his service especially to the CASA program.
Magistrate Caywood: There is going to a reception for Mr. Scott Thursday 5-7. The public is invited. At the Community Art Center. Also I received a report during an ASAP meeting on the Boyle County SEP program, the syringe exchange program. In talking to Brent, he would be glad to come here anytime and talk more in depth about the program to the magistrates. As the Corona Virus in China, we only have 5 cases in the US at this time. You never know. Might be time to become more about what we could be facing. I also want to invite, usually ASAP meetings are the last Friday of the month. It’s really a chance to learn and see the underbelly of Danville/Boyle County. And hear about the people who are working in this drug addiction world that we might turn our backs too. Those who need help and what’s being done. So I invite you all to come 8:30 at the Public Health Center the last Friday of each month.
Magistrate Ellis – It would be New Business for each of my colleagues up here to schedule Pulse of the People in their districts. We had one a couple of weeks ago. It was extraordinarily good exchange. I misheard the Judge in the last meeting and I thought I was to schedule a Pulse of the People in March. I received a phone call that we need to schedule within five days. Even with that short time period, we had over 40 people in attendance. In terms of the Census. The good news, if you haven’t heard, anyone 18 years old or older may go through a training program can earn $16.00/hour. I hope that gets into the Advocate-Messenger as we surely have teenagers in our local high schools who would like such a job. I defer to Magistrate Gay – we need 190. Magistrate Ellis continued the statewide census after we needed go knock on doors was accomplished with, by my estimation, with only 77% of the state-wide population. Only 75% of the county area and 56% of the city. Which shows we have a lot of work to do to keep our congressmen. We lost one in my lifetime. We had 7 now we have 6. It directly impacts aid for childcare and all federal programs. We have meetings coming up so hopefully the Advocate-Messenger will assist with notifying and informing the public.
Magistrate Gay said notices would go out in the mail mid-March. Census day is April 1, 2020. Go to 2020Census.gov and get a lot of information about the census including an application for a job. On February 6, 2020, at Boyle County Library there will be a recruiting day and so Brittany Nichols who is our recruiting person based out of Lexington, she will be there at the Library to help people apply and answer questions and sign them up. She will be at the Library from 10am-3pm. The next committee meeting is scheduled for Monday February 3rd at 11:00am at the Library. I know Magistrate Ellis has told me he will not be able to be there but we do expect about 30 plus people strong now. It is difficult to get everybody’s schedule to work. So we will probably proceed with that number and keep Magistrate Ellis informed. At this point, our subcommittees organized and going with the need to really focus on the hard to count we really need to involve the community. We’ll need to involve the Jailer and lot of other people because it is called communal counting so anyplace where groups of people are being housed there are different ways to count those people. That includes our Detention Center, our dorms, our nursing homes, our community living facilities, Northpoint. So it is the sad thing is we were listed as having a good count and it was 55% was our participation rate in the city. This is people counted without going out.
Magistrate Sammons: If an inmate is counted in the Boyle County number and he is transferred or released and goes back home will he be counted twice?
Magistrate Gay: what the count was on that particular day is where a person is counted. It is a snapshot in time. That’s reason we have a date certain April 1st. All based upon date across the country. Lots of work is in process and lot of work will need to be done. It is extremely important that we work hard to minimize our undercount as Ben was saying 55% responded on their own and then the door knocking occurs. Just on that point, one of the things they emphasize is safety. As Danny Rogers pointed out at the meeting, they train people but they do not want anybody to go into any spot where they are uncomfortable to knock on the door. One of the reasons they work hard to recruit from our community is they found it is much better and safer if they have neighbors knocking on neighbor’s doors to do the count versus people who don’t know the area and people who don’t know the doors they are knocking on.
Magistrate Ellis: I don’t think, unless we have scheduled it, another session with EDP to discuss the Memorandum of Agreement and with the on that entire issue. I am hoping to get a date on the calendar soon and get some insight from the committee once we have it formed. Next I’d like to follow up with Magistrate Cullen and thank him for attending our Pulse of the People. Please all go to everyone else’s Pulse of the People. Deeply appreciate Mr. Cullen being there and being available to address fire department issues as well as water and sewer issues. As the gentleman brought up that his bill was so exorbitant on one end. It baffles me that with the 54-56 page nearly 20 year old contract and what lay people, not myself but several others with me including Mayor Brian Caldwell, read that it absolutely reads that Danville bought the water and sewer circumstances lock, stock and barrel. And then a curiosity, an irony of that is that we went 16-17 years without imposing what I would characterize as water/sewer in Junction, water/sewer in Perryville and that is Perryville properly because I am fortunate in paying $48-$52 every two months and people are paying $275 to $350 and more when the sewer is included. Danville rates are essentially low, Junction and Perryville are high. There needs to be some sort of parity. I’m very encouraged, this was reported in the newspaper over a year ago, but I am very encouraged that there is in the Attorney General’s office a Rate Intervention Division. I believe it is the second sentence that reads: the Division can intervene when lights, water and sewer, if there are exorbitant rates. Now, my interpretation of exorbitant rates might be slightly different than inside the city limits but when you have a garden three times the size of this room and an elderly gentleman tells you he might be able to raise his garden and give away vegetables to the poor people of Perryville in the spring because water run into his garden to nourish those plants allowing him the ability to give away food that water is taxed as sewer water and that is just an example of exorbitant costs to the people in Perryville that will keep us from having significant Junction and Perryville economic development new houses in our districts and we are pursuing it and it is no mystery to the city that they might have it in moth balls but at least three or four folks including Magistrate Cullen have volunteered to go with me when we can sit down in the Attorney General’s office with an attorney and they say Mr. Ellis the language does not fit, you are not an attorney. However, that word exorbitant comes into play and I have asked the fine people of Perryville and Mr. Short you might ask the same of your constituents, to take a picture of their water bill and send it to me so that I can have evidence of just the exaggerated difference of what our two communities pay because it is crippling families and business development. The last thing, which I would end on, is I am thrilled with the statewide reaction to why we passed our Second Amendment Resolution. The day we passed it 28 counties in Kentucky had passed such resolutions. The only reason we could not pass it before they did is we didn’t have a meeting. Two weeks ago on the 14th. As of this morning, there are 99 counties and at least half a dozen cities, including Harrodsburg and Stanford, have passed similar resolutions to ours. That’s 82.5% of the counties and 10 more have it on their docket for consideration. Not one failure to pass. Thank you.
Magistrate Sammons: First of all, when we start the new budget process. Not everyone will agree with it because we are trying to do a lot of things that you don’t see. I am on that board and especially Perryville and Junction on their water bills. I might add I’m wishing you guys’ good luck on this but I remember some time ago when Danville put in the new water tank and all those improvements they talked about the expense. Someone has to offset this expense. That’s why the water/sewer bills are higher. I don’t think there is going to be a whole lot you’ll be able to do the way it is set up because these improvements must be paid for.
Magistrate Ellis: I would like to interject this when it is like this 4 to 1/5 to 1 in some cases a level of parity in our insurance bills it is the dollars for the many for the ills of a few. It is the parity or some level of parity that we would look for in Junction City because Magistrate Short and I have been to a couple meetings in his backyard and over in Perryville as well with Mayor Douglas and others and it is a level of parity that we would hope to achieve to gain some fairness versus what is absolutely paralyzing to our communities. Judge Hunt I am empathy for the people suffer under this but this is not the place to debate if it has value going forward.
Magistrate Sammons: well, the worst thing about the water bills, that I see, is the fact that, I’m having problems also which I cannot do anything about as it is not my district but I still am a Boyle County resident. Sometimes people cannot pay for medicine because they cannot pay their water bill.
Magistrate Cullen: That is the importance of getting the Attorney General the document that founded them taking it over. When, I bought my business, I never went back to the previous owner and said this machine went down and I’m going to charge you some extra money to fix it.
Magistrate Short: When is the cost paid? Is it ever going to get paid off? Even if it does, the bills remain high from now on. Magistrate Cullen: Is there relief in the future?
Judge Hunt: Steve Hunter and Duane Campbell are here to discuss a road acceptance issue as it relates to our Ordinance and Statute. What I want Steve is you to state what we have and what we should have.
Magistrate Ellis – Mary has asked for committee reports by the end of the month. Are we under some penalty if we do not do this?
Ms. Conley: no penalty just an administrative protocol.
Judge Hunt: we will receive committee reports following Mr. Hunter.
Steve Hunter: Subdivision Street, Hunt Farm Section 4 and pretty standard, the developer has built a new street with 15 lots. He will soon be developing homes. Typically, we make sure the street is built right, there is a bunch of protocol in here. Since that original Hunt Farm Project, you know we had to go out and pave it. We’ve instilled lots of process into the part where the developer has to build the street. Just to give you an example there is a preliminary plat and then there are construction plans. Duane Campbell has to look at construction plans, which he did and then there is a developer’s contract and that as a warranty period. This project alone, just this short street was $217,000. We now require that bond at 100%. We never used to do that. So the developer had to post bond in the amount of $217,000 which has now been reduced to what is left because he has built the street. Now there is a contract, there is a fee, there are plans, and there is a plat, preliminary and final. All that is done and the developer built the whole street in about a week or so. All that is left is about 700 feet of sidewalks that need to be done. That letter of credit is in our possession. The sidewalks have gone up a bit, about $15.00 a running foot. We are holding $11,500. The road, curb, gutter, street is all done and is ready to be accepted. The problem we have on the county side is you guys have this old ordinance you guys can’t accept the street until 51% of the homes are built and occupied. I don’t know where that came from but it runs against subdivision regs, planning and zoning and KRS 100. It is very clear that when you have regulations and planning and zoning our job is to develop rules, the developer has to follow them and when the street has been completed to your standards the statute actually says in 45 days that becomes your street by default. The process is we inspect, we write you a letter saying it is time to accept it. Duane then gets to look at it, there can be a punch list and then we take that street into their inventory. This tie in that there has to be houses and occupancy is nowhere in the state law or any longstanding court orders. You guys have an ordinance like that, it needs to be changed. I’ve brought this up before to the Judge, the developer, we don’t do this in Danville, most communities don’t do this once they build that street to their standard, our standard, that street is taken into your inventory unless there is some punch list item that was not completed or needs repair. But if everything is good, water, sewer, curb, pavement it’s done, it’s ready to go. Mr. Sharpe would like you to accept this. He understands that this needs to happen he’s also brought up to me that you guys put all this process in that I have to provide a warranty, sign a 100% bond. I did my part I’d like the county to accept the street. The acceptance letter, I wrote it to the Judge gave you a copy, Duane gave you the tickets on the paving all the due diligence on the and Duane signs off on this on your behalf. The planning commission has signed off on this and it is ready to go. We have to something with that old ordinance right now. Either you need to do a housekeeping or maybe need to ignore it in this case. It is just odd that you would have a standard like that The developer gets to choose how he builds the road, timing wise, a portion of it and sell a few lots or he might build the whole road and start upfront, now start building the houses. That is his call. You all are required under this KRS 100.277, which I gave to the Judge, that once they build that street. It is very clear what is said regarding streets and oversight construction.
Some discussion between Co. Treasurer Conley and Duane Campbell – in all our history can only recall one exception when taking over a street.
Steve Hunter: The state is clear. Our current ordinance was based on KRS it was not pulled out of the air. The date was 2002. We have qualified people preparing our ordinances. Steve Hunter – what does 51% have to do with street construction. I imagine the theory was construction traffic through before we take over a street and it gets beat up but the Statute is clear and the original was approved ii 68 and amended in 2002 because of some court cases. Once you have set a standard and state once the developer has fulfilled his commitment it has to be within 45 days.
Magistrate Cullen: The important part of this is if we are to accept a road into our inventory it will be our road forever. So if he hasn’t built any homes and he’s going to have his construction equipment going up and down that road tearing up that road. At that point we have to ….
Steve Hunter: Here’s the point, Justin, I’ll uses this argument, it lacks some basis and I’ll tell you why. Lexington requires 100% build before you build. Communities do this differently, you can set your standards. The standards are the key. It is assumed that the construction traffic tears up roads and I’ll tell you why I don’t believe that. We have city streets 20-30-50 years. We build construction where we have streets and we don’t tear up streets. The idea that a street will be torn up due to construction equipment, the problem with that is their due diligence. Wheeled vehicles, concrete trucks won’t tear up streets if your standards were good, unloading a dozer from the street and running it over a curb is a problem but if the builder is mindful of the construction coming and going you don’t tear up streets by traffic coming and going you tear up streets by substandard streets.
Magistrate Sammons: I remember some of the discussion way back then and the reason we ended up with the 51% is that we wanted to avoid the expense of street repair from construction traffic.
Judge Hunt stated he would recommend at this point in time on this matter I would recommend the county attorney give us an update review of the Statute compared to our Ordinance and give his recommendation on how we are to proceed.
Steve Hunter if you can accept it. Duane has done that the street is done the developer is going to start selling lots. Sidewalks are being installed as the houses are built.
Magistrate Cullen: this is not a free and clear situation with Hunt Farms. I get calls all the time about people losing their internet and power because things are not dug down deep enough.
Steve Hunter: we don’t bond that.
Magistrate Cullen: I understand that but you have coming from a 30,000 ft. view and everything is peachy keen and fine but it is not in that subdivision.
Steve Hunter: as far as our standards, water, sewer, pavement, curbs, gutter, right of way edge to right of way edge and sidewalks that is our responsibility under the regulations.
Magistrate Cullen: we have responsibility and due diligence to the people who pay taxes to this county so I understand what you are doing but we should make sure people already in that development are taken care of and we are resourceful with the dollars that we have when it comes to repaving roads. I get calls all the time about how construction is done in that neighborhood.
Steve Hunter: I’ll give you guys an example. When I was in Bowling Green, they kept expanding their punch list, for whatever reason. We have rules, this much rock, this much dense grade, this much base, curbs this big, drainage. Bowling Green said hey, you know what, let’s also look at the ADA slopes on the driveways and maybe we ought to think about these trenches for Spectrum. More inspection and hold up the acceptances and we started getting sued. That’s where the rubber meets the road, if your standards are this, this, this and this. Then once the developer has fulfilled them we cannot withhold acceptance or his bond in perpetuity simply because you haven’t got the job done or you maybe want to look at some of the things outside the construction aspect. Duane and I discussed this maybe we have to back into the sub-regulations. We’ve never looked at the standards maybe they need to be upgraded if that is a problem maybe we can also. But today these are our standards and the developer is ready for us to accept the road and yes, there are not houses currently under construction but this is one of the fastest growing areas besides Junction City in home construction. I brought this to the Judge so we could at least get this discussion going. I think it has to be addressed at some point before we accept another street.
Magistrate Cullen: I agree with the Judge this needs to go before our County Attorney. He was elected for that reason. Duane needs to be involved – if this is the way we are going to go we definitely need to update our street standards. We tried to keep them relatively at a minimum to keep developers happy but we have to cover our protection we didn’t take over until 51% of lots had houses on them. If we are going to take them over early we are going to have to look at our standard again.
Steve Hunter: I agree with that – we review streets across the state and a lot don’t have that standard the real risk issue is how much rock, how much dense grade, how much base. You add up all those inches of surface and all of sudden there is no way he can build a street. Our standard is an inch or inch and a half perhaps they are a little low. If we bump up 2 inches final surface, like Duane said, the developers will start screaming because their costs go up. It cost $217,000 to build a cul-de-sac. If we up our standards it may cost $400,000 to build that street. We need to get some numbers that protect the county and still allow developers to function. This street has met our regulations and is ready to go pending Duane’s final inspection.
Magistrate Sammons: I can understand why the developer is so excited about the county taking this over because with concrete trucks coming and still that many homes to build don’t tell me that all these concrete trucks coming in are not going to tear that street up. We’ll have to repair it if damaged. Steve Hunter: the difference is we are building 1,600 sq. ft. homes. The concrete is the footer and the garage floor the trucks are not fully loaded. The bigger problem is cutting of wheels, braking at the stop signs rolling the pavement. We have a one year warranty if the street is destroyed and of course we have a bond. At this point in time it’s for the sidewalks. Another option some communities have does is a secondary bond, Lexington does that with each building permit, each developer each homeowner has to post a $5,000 bond to insure they don’t beat up the curb.
Magistrate Caywood: As I remember, that subdivision took a long time to develop a one year would not have protected us. Steve Hunter: who’s to say now? Forty lots have been sold 15 lots to sell 8 houses under construction now.
Judge Hunt: the challenge that the Court has is to come into compliance with the state that is where the county attorney comes into play.
Duane Campbell added that when I first came here the standard was 8” rock, 2” asphalt. Changed to 6” of rock and 3” of asphalt. We probably need to look at that.
Magistrate Ellis: Does that require compacting to get to the 6” or is that as it is dropped.
Steve Hunter: There are a lot of different techniques. Weigh tickets from the companies.
Judge Hunt: Following legal review we will get into this more deeply. I’d like to start now with our committee reports.
Magistrate Gay presented Financial Committee Minutes from January 22, 2020. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Motion to accept committee report made by Magistrate Gay and seconded by Magistrate Sammons. No discussion. All Magistrates voted in favor.
Magistrate Cullen presented January 21, 2020. EMS Meeting. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Motion to accept these minutes made by Magistrate Ellis, seconded by Magistrate Caywood. Motion carried with all Magistrates voting in favor.
Magistrate Cullen presented minutes for Parks & Recreation Committee. Meeting held January 27, 2020. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Magistrate Gay made motion to accept minutes, Magistrate Short seconded the motion. No discussion. Motion passed unanimously.
Magistrate Ellis: before I begin my report I would like to thank Mr. Bell for offering up to us contacts to Forkland and Perryville. Matthew Ellis (no kin to me) and to Brian Caldwell and they are very pleased that he has not only offered up that contact but producing a wonderful 12 page brochure and invited us to have some information input to him that might be considered for inclusion.
Boyle County Detention Center Committee Meeting January 23, 2020. Minutes on file in County Treasurer’s office Fiscal Court Committee Binder. Motion to approve minutes Magistrate Short, seconded by Magistrate Sammons. Discussion: Jailer Wofford detailed the process of someone coming in to deposit funds on behalf of an inmate. Fiscal Court sets that fee and it is set at 50%. That is probably one of the highest fess in the state. A lot of counties do not charge any fee. For the Fiscal Court to consider lowering that fee from 50% to 25% we are not going to lose the money it just goes into a separate account. The money is used to spend in canteen, phone calls. The state allows use of the funds for safety and security. Can’t purchase anything for use outside the jail. Committee is recommending that Fiscal Court make that adjustment. Judge Hunt requested to see, before there is any motion to reduce the charge, a month or three month projection on what we have taken in at 50% and what we would take in at 25% so we can have a comparative analysis. To give us an indication what we are talking about. Jailer Wofford said his only concern is how they separate those fees. We can project out what we have but there are other fees that go into money goes in for reimbursement such as booking fees for staying there. I’m not sure how I can separate that out but I will talk with Melissa. If anyone knows she will. Judge Hunt stated this is a step in the right direction but would like to see discussion about the pros and cons of it. I think it is the right thing to do for the inmates and families that are out there. Suggest this be on agenda for next meeting. Magistrates all voted in favor of accepting minutes.
No further reports.
This Court will stand in adjournment in honor of Phillip Dean in the service of Boyle County and we wish him well in all his future endeavors.
Howard P. Hunt III
Boyle County Judge Executive