BENTON – Marshall County Fiscal Court met in regular session on Tuesday, May 5th, and opened the meeting revisiting an issue that was brought to the court’s attention at their last meeting on April 21st by Jamie Silvernail who lives at the end of Denzel Martin Road off of Hwy. 1422. They currently have a waterline that runs the entire quarter-mile up to 1422 where their meter is.
Silvernail requested access to the county right of way to access their water line to repair leaks to avoid going through property of current residents on the road.
In response to Silvernail’s request, Dustin Davis on behave of his father Ray Davis, spoke to the court on Tuesday and read a letter submitted to the Fiscal Court that stated that his family does not agree to water lines being dug up through their property.
In the letter, the Davis family says the road was not taken into the county road system properly. The Davis family had a gravel drive back to their properly that the county paved.
Davis feels the Silvernail’s have other means to run the water line and have secured them an easement and have offered to pay for their water meter in an effort to do what’s right.
According to County Attorney Jeff Edwards, in records back to 1992, shows the county chip and sealed the road, then black topped. Edwards said there is no right of way that belongs to the county to offer to the Silvernail’s for the water line and that it solely lies in the decisions of the neighbors to come up with a solution.
The issue as to whether the road is a county road is still in question. Davis said his family mowed the road for as long as he can remember and said that at no time did his family petition for this road to be taken into the county system and want to address the ownership of the road at some point but wish to find a solution to the Silvernail’s water line request first.
Jamie Silvernail, in response, said she was not aware of any alternate access they have. Silvernail had a letter given to her by Linda Mullen, written by Mullen’s mother who previously owned the home the Silvernail’s now live in, that states if any problem ever arrises, it recorded in Fiscal Court minutes that if any problem ever arises, that the road is to remain open as a county approved road.
The Silvernail’s said that the water line has been there before the road was there and even before the Mullen’s home was built.
The Silvernail’s are losing 1,000 gallons of water a day due to underground leaks in the water line.
Edwards informed Silvernail that the Fiscal Court has no authority in this matter since it was established that the county has no right of way to provide to the Silvernails.
Both parties left the courtroom and met together in another room at the courthouse to work on resolving this issue.
Bobby Gifford
Gifford presented a draw request from Delta Regional funds in the amount of $20,328.09 to Paul Cloud Engineering for work on a lift station at Sanitation District #1.
Gifford had been meeting with Sanitation District #2 to help to resolve their issues and he will be back to make recommendations to the court at a future meeting.
Carl Overton
Overton is owner of Telecom Audit Group out of Birmingham, AL, and spoke to the court on how his company can possibly recover money owed to the county from past telephone bills.
Overton’s company covers five states and looks at phone bills to determine if counties are being overcharged with a 90% chance of getting money back. They can go back six years in the state of Kentucky to find funds that is owed to the county.
There are no charges for their services and if they cannot secure money that is owed there is no fee. They get paid 50 percent of any refund that is paid to the county from the phone company.
The court felt it was a win-win situation and approved an agreement with Telecom Audit Group for this service.
BID OPENINGS
Annual Bids
Annual county bids were advertised in the court’s paper of record on April 14th and 21st, with sealed bids accepted by May 5th. Bids were read and the lowest bids were approved.
Surplus Bids
Road Department surplus bids were read, reviewed and approved.
CORRESPONDENCE
Exceptional Center
The Exceptional Center will hold their annual Academy of Stars on Thursday, May 7th, at 6:00 pm.
Memory Ceremony
The West Kentucky Law Enforcement Badge of Honor Memorial Ceremony that honors officers lost in the line of duty in 2014, will be held on May 12th at Mike Miller Park at 6:30 pm.
OLD BUSINESS
County Road Aid
A Resolution and Memorandum of Agreement adoption for fiscal year 2016 was read and approved by the court.
Budget Amendment Ordinance
The second reading of the Budget Amendment Ordinance was read and approved.
Judge Chyrill Miller also added that the final member of the new building code ordinance board is in place with the addition of Bobby Bradley.
Gilbertsville drainage issue
Commissioner Rick Cocke gave an update on an issue that was discussed at a previous court meeting relating to the drainage issues in Gilbertsville.
An agreement has been made and signed between property owners giving their permission for work to alleviate the majority of the water problems.
NEW BUSINESS
Day of Prayer
A proclamation was read and approved for Marshall County to observe the 64th National Day of Prayer on May 7, 2015. A National Day of Prayer ceremony will be held at the Benton Courthouse at 11:00 am.
Budget Ordinance
The first reading of Budget Ordinance #2015-02 for fiscal year 2015-2016 was read and approved.
Annual Standing Order
The order is to pre-approve re-occurring annual expenses to be paid when due and was approved by the court.
Audit
The Fiscal Court annual audit for year ending June 30, 2014 was accepted by the court.
Water District Audit
The court has received the Jonathon Water District Audit report which was accepted with copies of recommendations made by the auditor to be given to the county commissioners.
Animal Shelter Report
Animals in the pen as of 3-31-15 was 31, brought in by wardens 32, brought in by citizens 59, for a total taken in of 91. Animals adopted 47, animals reclaimed 13, animals euthanized 18, animals in the pen as of 4-30-14 was 44 and adoption fees taken in of $1,285.
The next meeting of the Fiscal Court will be on May 19, 2015 at 9:30 am.