Hiring of mower without advertising for bids questioned during Fulton Co. Fiscal Court

During Monday morning’s Fulton County Fiscal Court meeting, and exchange between Judge/Executive Jim Martin and Magistrate Jim Paitsel became heated during a review and discussion of the county’s bills.

Magistrates Wade Adams, Hugh Caldwell, and Shaun Parks were also present.

“Why are we paying someone to privately mow the County grass? We have a bill to pay $1,200 for mowing County grass. I don’t understand. Who has mowed in the past? Is it the Road Department or the Jail?” Paitsel asked.

Road Department Supervisor Alan Coffey explained the Road Department mowed last year because the work crew at the jail could not.

“I don’t have the manpower to mow,” Coffey said.

Paitsel then asked who was hired and was informed Ryan Amberg was hired to mow.

“So, we hired a deputy sheriff that retired, went into private practice and we are still paying him,” Paitsel said. “We didn’t put that up for bids?”

“We had to get the grass mowed,” Martin responded.

Paitsel then attempted to continue to speak.

“Will you let me talk a minute. You have been ranting all morning. Excuse me. I’m sorry. I apologize. We had grass that had to be mowed. We didn’t know when the jail crew would be back. We had an application to the Department of Correction to get the crew out. One crew is now out picking up trash to be converted to the mowing crew in the next week or two. We did not take bids on that. There are a lot of things we do that we don’t take bids on. It is no big deal. The fact the proprietor and his wife was a County employee is not relative in my mind. Anyone thinks it is relative, let’s talk about it. He resigned as Deputy Sheriff and is no longer associated with the Sheriff’s Department. There is no violation or any rule or any law at all to. I’m sorry I just get mad sometimes,” Judge Martin said.

“What’s your other question Jim (Paitsel)?” Martin asked.

“We had three meetings this past month. We had two called meetings and the regular meeting and it wasn’t brought up. It just show up in the bills. I don’t know when we paid it. I don’t know why we didn’t bid it out. We have other mowing services. There is nothing wrong with Ryan Amberg getting it. But why wasn’t it bid out?” Paitsel said.

Martin replied there was no requirement to bid it out.

“How can you say that. It is $1,200 a month,” Paitsel said.

Fulton County Treasurer Leslie Woods said the bill was for three mowings from last month.

“The bill was not received in time for the March meeting. The mowing is for March and April,”she said.

“Going forward, we will notify the Court of every little action we take. I don’t see the difference in mowing, or plumbing or electrical work that needs to be done. We don’t come to the Fiscal Court for permission to do everything we do. I think the statutes are clear. The Administrative side has certain things they can do. Everything has to be approved. The bills have to be approved. Amberg is hired until the jail crew can get back out,” Judge Martin said.

Magistrates voted to approve the votes with Paitsel abstaining from voting.

Adam Lyons, Fulton County Fire and Rescue Finance Officer, Safety Officer and Training Officer, presented information to the Magistrates for the budget on a big picture plan over the next two or three years.

“We merged Hickman-Fulton County Rescue Squad and the Cayce Volunteer Fire Department and created a new organization called Fulton County Fire and Rescue in Cayce, in hopes of that we would be able to come into funding. The County has been covering the insurance for both organizations. We started running the numbers to see if we could get a personal policy for the fire department or keep under the County, which ever was a better benefit for all involved. We found we could actually get the insurance cheaper for the vehicles and the one building from VFIS (Volunteer Firemen’s Insurance Services, Inc.). We are working to get homeowners from an ISO Class 10 or 9, depending on what they are in our jurisdiction, to a Class 8 or 7,” Lyons said.

“As we started putting together a budget and formulating a plan of how to operate with the budget, we found that $300,000 - $350,000 was what was needed for capital purchases that needed to be done. We have cut the number down to $80,000, and then cut it down more to $52,500. We are also looking for funding for utilities. We have applied for a couple of grants. A State Aid grant based on training and a PPE (Personal Protective Equipment) grant for $10,000, which bought five sets of gear, at a discounted rate. We have created a plan of how to do this. Part is through agreements through other organizations,” Lyons continued.

“Once the agreements between fire stations are signed, homeowners living just outside Fulton will go to a Class 9, reducing homeowner’s insurance. We would have to build two additional fire stations, one in the Crutchfield area and somewhere on the Hickman side more towards Middle Road and State Line, or another just outside the city limits of Hickman. All this takes funding to keep each station heated, equipment and apparatus in each building. We understand we can’t do this immediately. It is a long term plan being put into place,” Lyons said.

“I’m not here asking for money, just to be placed in the budget for money already allocated to the Cayce Volunteer Fire Department and the Hickman-Fulton County Rescue Squad,” Lyons said.

Wade Adams, Cayce Volunteer Fire Department Chief, said they are already getting $7,500 for the rescue squad and $2,500 for the fire department and $2,500 for utilities.

“As long as the Court is funding the department, we will give a yearly or twice yearly budget of where we are at,”he said.

“We would need to look at a tax within the district, or you would be taxing in another district for other people. Are we going to tax the entire County outside the two cities, or just within the district?” Martin said.

“I’m OK to do this. I just think we need to tax within the district it serves,” Paitsel said.

“We are looking at a subscription, which will save residents money. We are looking at $50 with a maximum of $250 for five parcels of land. We won’t charge for the run,” Adams said.

With no increase to the County’s budget, Magistrates voted to redirect $40,900 from Emergency Management to Fulton County Fire and Rescue, contingent upon finalization of signed agreements.

Jeremy Harmon with Harp Enterprises and Bob Highstrum with Hart InterCivic addressed the Court about different voting equipment the County is considering for purchase.

Harmon said, “As far as the Verity Scan, 99% of your voters will get a ballot, fill it out and bring to the scanner. The Verity Scan does not print the ballots. You would have preprinted ballots, included in the bundle you have. The Verity Print you can print ballots to be used if you run out of ballots.”

“The Verity Scan can tell if a voter has voted for two candidates in the same race and kick the ballot out to be corrected. If a mark is not dark enough it will kick the ballot out also,” Harmon continued.

Fulton County Clerk Naomi T. Jones said she would want to have five Verity Duos, 12 Verity Scan, and one Verity Touchwriter, which met with the Magistrates in agreement.

The Magistrates also voted to approve the Fulton County Clerk’s Calculation of Motor Vehicle and Boat Bills for 2020, Treasurer’s Report, Employees, and approval of Budget Amendment to allow receipt of COVID Relief money of $583,989.

The County Attorney’s Report included options for Beech Grove Road where the Fiscal Court has voted to initiate closing the road.

“I’m trying to get information to avoid some issues other Counties have had to closing and the other option is the degree of maintenance,” Rick Major, County Attorney, said.

“Closing roads illegally is the concern. It is such a big deal, like all the old abandoned roads,” Major added.

Following discussion of different ways to handle the road, County Attorney Major was authorized to start the process to close Beech Grove Road.

“I saw the bills and there was bill for $700 for the bond. Is this bond for $1 million, $100,000, how much is it?” Paitsel asked.

Judge Martin stated the bond was for $100,000 and Woods explained her bond was $700 a year, for the $100,000.

Paitsel questioned $2,500 was budgeted.

“Our bonding company is pushing back and not wanting to do $1 million bond. We are looking for another company,” Martin said. “We are talking about the bills. The $2,500 is in the budget.”

The first reading of the Fulton County Budget and Salary Order for Fiscal Year 2021/2022 was heard for $15,734,175.05.

Magistrate Parks asked “If we have to pay the Incentive Pay, are we required to pay all the fees for hotel rooms. Does that have to come out of the County budget?”
“The DOG (Department of Government) said you have to pay the Incentive pay. Fiscal Court does not have to pay any lodging and traveling pay. That is a policy of the Fiscal Court, not a mandated legal payment like the Incentive Pay,” Judge Martin said.

Major stated that If the Court does not reimburse those expenses, they would be deductible business expenses on a personal return.

Magistrates voted to pay off the balance on the debt at Security Bank and Trust and refinance through the County’s Sinking Fund effective July 1.

While discussing the HRA Fund (Health Reimbursement Agreement), the Magistrates voted to have a balance of 71% of the plan demand amount.

Judge Martin said, “I appreciate the employees who don’t abuse this fund.”

Magistrate Paitsel provided copies of the Fiscal Court meeting minutes from Aug. 12, 2019, to those in attendance.

“Where the Court discussed the banking services for the County and agreed to receive Request for Proposals (RFP) among the financial institutions located in Fulton County for banking services for the County, this could entail all accounts and credit cards if available for the provider. Leslie Woods, Fulton County Treasurer, said this would be a difficult task and take some time to accomplish the necessary change for direct deposits, account information, paperwork involved if a proposed change does occur,” Paitsel said, referencing the minutes.

He said the minutes also stated the minutes indicated to “Authorize advertising for Request for Proposal for Fiscal Court Banking Services with Caldwell making the motion, Parks second, and all voting aye, the Court approved the Request for Proposal for banking services with the addition of bank credit cards be sent to the financial institutions in Fulton County and authorized the advertising for the Request for Proposals.”

Paitsel questioned why all Fulton County accounts were not placed at Security Bank and Trust, who was awarded the banking service.

“All of our accounts should be at Security Bank and Trust. They were awarded the contract. Why do we have a dormant account at The Citizens Bank that could be drawing interest at Security Bank and Trust?” Paitsel said.

Paitsel made a motion to move the HRA and ARPA (American Rescue Plan Act) funds to Security Bank and Trust to draw 1.26% APR. The motion died for lack of a second when it was revealed the County has not received notification about being able to place the money in an interest bearing account.
“I went to a NACo (National Association of Counties) training and was informed they are undecided on interest bearing accounts,”Woods said.

“I also have reliable information that someone has been going to the bank asking about the County’s accounts and this is illegal for the banks to be giving out that information,” Woods said.

Woods presented the Court with screenshots of the County’s banking accounts with the very same information that had been presented to the Court.

Paitsel made a motion to move the HRA account to Security Bank and Trust at 1.25% APR. Hugh Caldwell seconded the motion contingent on getting the 1.25%. The motion was approved.

Woods said she would be holding open enrollment Tuesday and Wednesday and new cards would be issued to Fulton County employees.

"I’m not comfortable in putting the ARPA funds in an interest account if we have not received information on doing that and then would have to pay it back,” Caldwell said.

Caldwell made a motion to place the ARPA funds in the existing Federal Government Grant Account at The Citizens Bank, with Wade Adams seconding the motion. Jim Paitsel opposed the action.

One bid was received for work on Clinton-Moscow Road and Walker Road, from Harold Coffey Construction for $88,200, which was under the estimated cost. Upon the recommendation of Judge Martin, Magistrates voted to award the contract to Harold Coffey Construction.