BENTON – [VIDEO FOLLOWS REPORT] Roger Ford, Marshall County Jailer, came before the Fiscal Court with his 2017-2018 budget for approval which was accepted by the court. Ford also requested approval of his Policy and Procedures book for this year.
OLD BUSINESS
Sanitation District #2
Randy Green gave the court an update on progress at the plant. Green spoke to the plant troubles in Draffenville, saying everything has been rebuilt “bigger and stouter than it actually called for”. The plant needed six new pumps at $20,000 each, ordered a new transformer, replaced a failed lift station with another failing that will need to be replaced, adding new lines and upgrading.
Green spoke to the expenses that they have incurred that were out of their control during this process. The plant designers have been on site, training new plant operator Lyndall Groves, and Green commended the previous operator saying he did what he could with what he had to work with.
Green addressed the other purchases that have been needed at the plant, spending every dime that he could locally, hiring local contractors in efforts to keep the money in the county.
“From what I’ve seen, just keep an eye on Draffenville for the next months, year and a half, you’re going to see some changes quick”, Green said. “We’re about 80 to 85 percent complete now. We had to the end of June, first of July, to complete all this to be in compliance. I’d say give up five weeks and we should be in total compliance.”
Green commended his board members and operator for their work as well as help from County Attorney Jeff Edwards, Judge Kevin Neal and Brad Warning saying, “the tax payers of the county don’t understand how much the judge, assistant judge and Jeff have all put into this.”
Green went on to say that if this hadn’t been brought to the attention and acted on when it was, he honestly does not where they would be with the failing 150,000 gallon Draffenville plant. The plant is currently operating around 30-35 percent and Green said it needs to operate at 50 percent flow to operate correctly and 70 percent would be even better.
911 Funding
Dale Edmondson, Executive Director of Campbell County Dispatch Center, was invited by the Fiscal Court to speak about what their county did to fund the 911 center which is a service fee based on properties with occupied residences and businesses billed though property taxes which replaced the monthly land line fee, something they were allowed to do after winning a Kentucky Supreme Court case in 2013.
Misti Drew, Marshall County E911 Director, gave a presentation to the court about their services, where they are today and funding issues they are having.
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Sanitation District #1
The court approved the Rivercrest Engineering proposal for lift station improvements that amounts to $99,500. Once the engineering is completed, work will move forward on the five lift station improvements.
NEW BUSINESS
Body Armor Grant
Sheriff Kevin Byars is applying for the Law Enforcement Protection Body Armor Grant which requires a signed resolution by the Fiscal Court which was approved. Once approved and armor purchased, reimbursement will be received. The grant requires three quotes already obtained by Byars.
Vehicle Bids
Bids will be advertised for a vehicle for the Sheriff’s Office and one for county employee purposes. A discussion was held about the current Durango used by the county which Commissioner Rick Cocke thought belonged to GIS. Judge Neal said the Durango is used by the county as well as GIS, stating they didn’t opt to go with an entire fleet system, but will purchase vehicles as needed.
“If there is a need for a vehicle, then it is a county need”, Neal said.
“As long as it’s presented in open court like that”, Cocke said. “My understanding when I cast my vote it was a GIS vehicle. When they need it they should be able to obtain it.”
A calendar has been created, which Cocke said he was aware of, for use of the vehicle when scheduled.
“I know what Rick’s doing and it’s totally biased as far as what we’re doing at the county level”, Neal said. “This is a process and I think we did everything we could do to make it available by going into the calendar system.”
Refuse District
The Refuse District Financial Report for year ended 6/30/16 was accepted by the court.
Health Department
The Wellness Agreement the Health Department has with the Fiscal Court was approved.
Ordinance #2017-01
The Ordinance relating to the annual budget and amendment due to additional funds received by the county, was read and approved.
Administrative Code
Commissioner Cocke asked to discuss an issue he wanted to add to the agenda. Cocke said he spoke to the Judge the day before the meeting and was referred to the Administrative Code Section 3.5 which states:
At each regular meeting of the Fiscal Court an agenda will be presented prior to the meeting. County Judge or designee shall be advised of any requests for items to be placed on the agenda no later than 12:00 pm two (2) business days prior to the meeting. Any requests thereafter may be placed on the agenda at the discretion of the County Judge or designee. This Agenda shall be followed unless dispensed with a majority vote of the members present.
Cocke said he asked County Attorney Jeff Edwards about Section 3.5 and was told by Edwards that it would need a majority vote to dispense with the agenda. Neal asked Cocke what item he wanted to add to the agenda to which Cocke said, “the discussion of the Marshall County Administrative Code”.
“We have a process in place we all voted for”, Neal said. “You didn’t come to me at all.”
Cocke said he was referred to Section 3.5 so he went to the County Attorney to go to the last sentence in 3.5 which said an item can be added by majority vote.
Deputy Judge Brad Warning asked Cocke if he had read Section 1.3 of the Administrative Code which states:
The Fiscal Court shall review the Marshall County Administrative Code annually during the month of June and may by a majority of the entire Fiscal Court amend the Marshall County Administrative Code at that time. The county judge may at other times prepare and submit amendments to the Marshall County Administrative Code for approval by the majority of the Fiscal Court.
Cocke and Commissioner Johnny Bowlin met with Edwards a couple of weeks prior and said they were given the opinion by the County Attorney that at any time the Fiscal Court body can amend that.
“That’s why you should have come and talked to me”, Neal said. “We’re doing budget reviews right now. We’re sitting down with each department head and we’re asking each one of them if they have changes to the Administrative Code. You personally came and saw me months ago about an issue that was in our Administrative Code. We didn’t change it then but we identified it. But the process of how we’re going to do it is going to be open and transparent. The way you’re handling business is getting ahead, you’re putting the cart before the horse.”
“There’s a motion on the floor and a second”, Cocke said referring to Section 3.5 which allows additions to the agenda by majority vote.
“I told you April 11th is when we will put it on the agenda following that process”, Neal said. “You were never denied that this wasn’t going to be discussed.”
Cocke wanted to discuss 5.1 (3) in the Administrative Code which states:
Mileage: Rate paid by the Federal Government if travel by personal vehicle is required. Voluntary use of personal vehicle, authorized by the department head, shall include reimbursement of estimated fuel consumption only. If travel is required outside the County where the County offers a substitute vehicle, no mileage reimbursement shall be made for use of personal vehicle.
Cocke repeated there’s been a motion made and a second to discuss the Administrative Code. Neal asked for those in favor which all three commissioners said “aye”.
Cocke wanted to put a motion on the floor to strike the last line in 5.1 (3) and change it to read: If travel is required outside the county, the employee representing the county and traveling on the county’s behalf may choose either the federal rate or the substitute vehicle.
The county has an Enterprise Corporate account for use of a vehicle and Cocke’s argument is the fact that they have to go to Murray or Paducah to get the car, which he doesn’t think is a reasonable substitute.
“If we offer a vehicle, then that (mileage) rate should not be paid”, Neal said. “You’re travel vouchers were denied because you were offered an Enterprise vehicle”
“That is not a reasonable alternative vehicle to drive out of this county 37 miles that way and 37 miles back, then most of our meetings are, as you know, are Louisville, Lexington, Frankfort, Northern Kentucky, then to drive three and half to four hours up there in some instances meet for an hour, turn around then drive back then have to repeat the 37 mile drive to Murray and back”, Cocke said, the distance from Calvert City to Murray.
Neal said many of the county employees use Enterprise quite often.
“I have no problem traveling in my vehicle”, Cocke said. “I’ve got a comfort level, if I go out and get in my vehicle, I think it’s safer and I’m more comfortable driving my vehicle than I am any vehicle parked around this parking lot and I think each of us can say that about our own vehicle.”
Cocke’s motion to amend the Administrative Code was seconded by Bowlin, both voted ‘aye’, Gold and Neal voted ‘no’. Gold said he would like for any changes to be made in June.
The next meeting of the Fiscal Court will be April 11, 2017.