Waterfowl Board actions rescinded by Fiscal Court

An extension on dental services provided to inmates at Fulton County Detention Center was among items discussed by Fulton County Fiscal Court during regular session Oct. 15.

Magistrate Billy “Bubba” Nelms stated, “I read over it, it is a vague sounding agreement of the services and person has to be there. They are inmates, I’m sure they will be there.”

Nelms added, “I’m not going to tell you this for sure, but this contract was probably agreed on by somebody else and we never really agreed on this contract. When I read it, it was not familiar to me. Our previous jailer probably agreed to this contract without our knowing. I just want to make sure we are good with it.”

Williams stated, “I’m good with it if you are.”

Magistrates agreed to extend the contract for another year.

A revision to Ordinance 2014-01 was given consideration relevant to action taken at the previous meeting, with possible confusion relating to the Waterfowl Board.

Judge/Executive Jim Martin said, “At the last meeting we filled two position on the Waterfowl Board and the two individuals on the board currently at that time were taken off. This is what I believed happened. There was some confusion amongst the Magistrates as to what we were really doing. I need to bring this back out for discussion again to make sure that what we have done is final. If it is not what you intended to be done, we need to change it.”

Magistrate Henry Callison asked, “How many to we have on the board at this time?”

The Ordinance reportedly states the Board has one Magistrate, two citizen members, and two ex-officio members. The two ex-officio members are the County Attorney and one member appointed by the Fish and Wildlife Board.

“The two citizens positions came due and what you did at the last meeting was replace those two members with two different people,” continued Martin.

“When it was over with, I wasn’t aware we had voted to take two off. Maybe I misunderstood. I didn’t realize that is what we did. I don’t remember voting on it to be honest,” said Callison.

Martin asked, “Your understanding was we were adding two people to the board, not two off?”

Callison replied, “Yes.”

Martin continued, “It was a little confusing about that because that is what we did on the Levee Board. We added two people for two vacancies. But this board as I understand, as reflected in the minutes, we took two people off and put two new people on.”

Martin said, “If it is your intent to have four people on that board, that would require an amendment to that Ordinance. We have a draft of an Ordinance 2018-03 that would amend Ordinance 2014-01 by increasing the membership on that board of citizen members from two to four. If that is your desire that changes you intended to make then it would require an amendment to this Ordinance 2014-01. A draft of Ordinance 2018-03 will repeal 2014-01 and amends that Ordinance by increasing the citizen member from two to four. This is one course of action. The course of action is to repeal what you have done and just leave the board at two people and decide what two people you want to put on the board.”

Magistrate James Black stated, “I think we should leave it like it was. It you read the minutes it explains it.”

Callison asked, “Are you on that board Rick (Major)?”

Major answered, “Just as an advisor. I don’t have a vote.”

Black said, “There are only three that vote, the Magistrate and the two citizen members.”

Major continued, “The only revenue that comes through is from the court system. I didn’t need or want any say in it, except for how we can legally spend the funds, like you said, through conservation education and law enforcement under the Ordinance. There’s no anticipated annual funds to spend from one year to the next. We had thought on how to improve the infrastructure, but it is hard.”

Black stated, “I was appointed treasurer and I’ve never seen a bank statement.”

Major answered, “They come to the office and I’d be glad to make you copies of anything that comes there. There is no checkbook. We don’t maintain a checkbook because there are no regular expenditures to be made. You voted on obtaining a thermal imaging system to locate poachers, or missing people, and some sonar equipment, following the drowning of the police officer, to be installed on the game warden’s boat for search and rescue operations, things like that. In past years a game camera. All has been related to enforcement.”

Martin asked if the equipment was available for non-water search and rescue, with Major responding the thermal night imaging night scope is used to catch people by Fish and Wildlife. He said he tries to let officials know if there is a “walk away”, an older person who just walks away, we would have to notify other agencies, now we don’t. It is a tremendously good resource if someone walks off in the dark, you can see a long way. It is military grade.

Nelms stated, “Where the discussion came from, and I’m a whole lot more educated now, is between Mr. Goodman and Mr. Black. Evidently, they have some disagreements over what is going on and if two are not getting along there is some issue. The other issue is all these discussions were back and forth and some of the items that came to light, came after we voted. At the end of the day I think three is pushing it, as far as a board. The problem is James and Mr. Goodman don’t get along and he said is not going to serve on the board if that issue is not fixed.”

Black said, “This was intended to upgrade that area and not tear it down. The way I understand it now, it has been torn down. We need to upgrade it. There’s a lot of potential, but you have to do it right. The way I see it, if you put more on the board, you are going to have more trouble. At the first of the year I don’t care what they do.”

Nelms said, “That is kind of my thought. That is where I’m in a bind at. My first thought was let this board stay the way it is until the end of the year. I don’t know how much activity you will do between now and then. I know the appointments are expired, but if we can get to January, then Mr. Goodman and whoever is on the board. I’m hesitant to make decisions about some of these lasting boards this late in the game when we are going to have a new set of people here to make decisions.”

Martin asked, “So you’re suggesting we rescind the action we took.”

Nelms answered, “I think so. I think we should rescind what we did before and leave the board like it was prior to the last meeting. I don’t think you’re going to meet anyway. If you do, you can postpone and let the next gentlemen deal with it.”

Three Magistrates and the Judge voted to rescind the action of the last meeting and leave the Waterfowl Board as is, let the next set of Magistrates decide in January. Magistrate Black voted no.

Judge Martin explained, “A Resolution was presented to the Fiscal Court from the Department of Local Government. The Fiscal Court has to designate who will receive the TVA in Lieu of Tax Money. This is a new blanket of money made possible by the legislature for economic development. TVA pays to the state of Kentucky based on their utility sales, 5% of their revenue in the state of Kentucky in the form of In Lieu of Taxes. Thirty percent of that money is retained by the state of Kentucky and 70% goes to school districts and some counties where major assets are located. We don’t get a lot of that money, we get very, very little. In Muhlenburg County, where there is not a single rate payer of TVA rates, their school system gets $7 million a year.”

Martin continued, “This particular piece of legislature says you take 30% of the money the state retains, they split that in half. The state keeps 15% and the other 15% is distributed to the counties where the rate payers are located, including Fulton County. The bill provides there is a step up starting at $50,000 the first year, $100,000 the second year, $150,000 the third year, and continuing at $150,000 per year thereafter. Each Fiscal Court must designate an authority that is organized under Kentucky statutes as an industrial development authority under KRS 154. We actually have three in this county. I recommend we have a county authority to cover the whole county and each city has their own authority. The reason they have these authorities in addition to the industrial board have certain privileges under the law that a non-profit industrial board doesn’t have. For example, they are sheltered from sales tax. The authority is the arm that will own land. But if we designate the Fulton County Industrial Development Authority to receive this money, they will delegate the money to a county-wide economic development plan, managed by county-wide economic development partnership. I think this is the appropriate way and the only fair way, and the partnership board is represented by the membership by the two city authorities, and everybody has a say as to what is going on. The partnership board has already put together a draft of the plan and involves investing money into buildings and land where we can create jobs.”

“Basically, the intent is to use the money for debt service, to pay for improvements we would borrow money to make. The Resolution specifies the Fulton County Industrial Development Authority is organized under KRS 154 as required by law, and authorizes them to be the recipient of the money and also requires their development plan to come back to the Fiscal Court for approval. They have to apply for the money. It is not a competition, but they have to fulfill certain statutory obligations to get the money, but the plan must be approved by the Fiscal Court,” Martin stated.

Martin continued, “This is a game changer for us. We have been trying to economic development in this county for a long, long time, without money, just like the Waterfowl Board. I think you will be really impressed with the plan the board will bring forward with the strategist put in place to bring jobs to Fulton County, Hickman and Fulton. Thank you.”

The Magistrates adopted the Jackson Purchase Natural Hazard Mitigation Plan.

The Magistrates went into Executive Session pursuant to KRS 61.810(1)(f)(g) at 9:43 a.m., to discuss litigation.

Fiscal Court reconvened at 10:55 a.m.

While in Executive Session the Magistrates discussed a Tender and Release Agreement and Assignment of Claims, in regards to a lawsuit Fulton County has against parties doing work at the jail.

Two actions were approved

It was agreed to enter a Tender and Lease Agreement with KACO, the County’s insurance provider, allowing the Court to exempt KACO from the suit and leave all other parties in the suit. A second lawsuit will allow the County to partner with KACO to continue the litigation. This action will let the County settle with KACO, then enter into a joint litigation against other parties. Under this Agreement KACO will issue the County a check for $600,000.

Also relevant to the Tender and Lease Agreement, all parties in the suit made a request to move the suit from Fulton County Circuit Court to Federal Court in Paducah.

The County opposed this action, directing an affidavit to be issued by the County Judge setting their opposition and setting forth the reasons for the opposition with justification.

Tommy Hodges reported he had two proposals for painting the courthouse, a request made by the Office of the Courts. The County will pay for the painting, with the Office of the Courts reimbursing the County.

One proposal, received from Lakeland Painting, was for $47,720, the other was from Don Wright for $38,560.

The Court decided to go with Don Wright, who painted the Courthouse during renovations.

Magistrate Nelms asked to go back to the Waterfowl Board.

“After further reading of the proposal about Ordinance 2018-03, I would like to have the four gentlemen put on staggered terms, where Anthony Williams and Brian Major will be two year appointments, and John Wiley Gannon and Jacob Goodman will have one year appointments. I think this will Ordinance will fix the board better than my offer this morning,” stated Magistrate Nelms.

This amended reading will require two readings before becoming effective.

Judge Martin stated these terms of one year each could be reappointments, not serve one year and then be off the Board, with appointments staggered for a continuity of a majority, with one Magistrate and four citizens members.

In other business, Magistrate George A. Jones stated, “It have been on mind a lot this past month, the insults you (Judge) gave three Magistrates and showed on video last week. I didn’t see any humor in it. You were talking about a man of God, and a man who has given 45 years of service, and wanted to know what we have done since we were Magistrates. Well I think the first two years we were elected, we got more done and saved the County less money than we ever have. I think you owe us an apology. I also think it was pretty close to harassment, we will wait and see how the ball bounces.”

Judge Martin said, “I don’t understand what you just said George.”

Jones replied, “You don’t remember the statement you made last week. You picked three Magistrates out and asked how long we have been Magistrates. No wonder we didn’t get anything done.”

Martin stated, “I don’t remember saying anyone in particular. I did say in the meeting when we had a motion to approve the Procurement Code and we never got a second. I did ask why we didn’t get a second and I said to you if you can’t tell me what is wrong with the Procurement Code I can’t fix it.”

Magistrate Black said, “I think you were a little out of line for what you said.”

Martin replied, “Really. I don’t think so. You can have that opinion if you want to. George, I asked you to apologize to a guy you accused of cheating on his time card, and was proved not to be true and you said no I’m not going to apologize.”

Jones answered, “You’re exactly right.”

Martin asked, “So you stand with that. I will apologize to anybody if I think I have. We were having a discussion and I don’t think I owe you anything.”

Black stated you’re not going to apologize to me either, with Martin saying no, and Black saying it didn’t bother him.

Deputy Sheriff Ryan Amberg came before the court to say the speed signs on Jeffress Road have been place as coming off Hwy 94 and Clinton-Moscow Rd., however if you enter Jeffress Road from Hwy 924, there are no signs and asked for two more signs to be placed.

Magistrate Callison asked the Court to also look at Rodney Jones Road and there could be an incident to happen on that road also.

Fulton County citizen David Thomas asked about the old equipment building near Rick Major’s office that used to have equipment in it and has been sitting there for months in the brush line and is a huge eyesore.

He also asked if the radio towers were the County’s or leased. The Judge answered they were the County’s, and Thomas asked if the County received credit.

Martin stated, “I’m not sure. I think the contractor took them as part of his bid.”

Thomas said, “You need to check out. That is a lot of money that could go back into the radio system that is very inadequate.”

Thomas also stated the concrete walls at the jail are not being put up properly. He stated blocks are being put up at the end to make up for gaps, they should be square on all four corners. This will give problems sooner or later.

Judge said he will have someone check on it.

The meeting adjourned at 11:13 a.m.