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Apr 01st
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Fiscal Court approves resolution for exposed USEC workers, watching possible state pension crisis

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altBENTON - Meeting on Wednesday, November 7th, the day after the National Election Day, the Marshall County Fiscal Court had several guests and opened bids for the Road Department purchase of a 3/4 ton pickup truck with service bed.

James O'Bryan
Mr. O'Bryan has lived in Marshall County for 33 years, built a home and raised his family here. Many years ago, he bought a piece of property from Gerald Moore in Windy Hill Subdivision, that had several restrictions that he willingly abided by. More recently he has bought another property and built a home without restrictions which allows him to do as he chooses with his property which O'Bryan realizes is a problem in his neighborhood. A neighbor of his has over 100 junk cars on their property which he feels will impact his and his neighbors property value. There is also an abandoned home near his property with junk all around it and Mr. O'Bryan would like to see provisions put in place so that the community can live with a certain set of standards and would like for the Fiscal Court to look into Land Use Ordinances. He suggested that they take a look a what other counties have done and start with something simple that can have things added to it as the county sees fit.

Lois Rogalski
Mrs. Rogalski is the Director of the Marshall County Agency for Substance Abuse Program for six and a half years and asked the Fiscal Court to become her Fiscal Agent. The ASAP office is located in the Benton Courthouse and currently has an agent off premises which is inconvenient and stated that it would not cost the county anything. The office has a small grant that covers their expenses. The court voted to amend her grant into the Fiscal Court budget and become the ASAP Fiscal Agent.

Wendy Baxter
The state has a Memorandum of Agreement asking the building electrical office to provide a contract with Larry "Cat" Spears stating that he is a contract employee as a state-certified electrical inspector, subject to annual renewal. The agreement was tabled until there are some clarifications with the Auditors Office.

Melissa Combs
A tower at the Road Department has antennas on top that need to be replaced because it is making the tower unstable. Combs stated that there is money in their Emergency Management Budget to cover the $3,200 expense to fix the problem which is necessary due to the importance of the tower to emergency communications in the county. The court voted to cost share expenses with the entities involved in the use of the tower.

County Citizen
A citizen of the county asked to address the court about a situation with his mule that was shot during black powder season and wanted to bring it to their attention.

Kentucky Association of Counties
The Kentucky Retirement System (KRS) committee has agreed on four major points to solve the pension crisis. Those concerned are asked to contact Executive Director Denny Nunley at 502-223-7667 with questions concerning the pension crisis. The legislative committee agreed on the points that they hope will help result in a solution to the problem. Commissioner Anderson stated that the state hasn't been paying their portion of the pension.
"They are supposed to be matching what state employees put in and they aren't", Miller said. "Nine out of the last 12 years that state has deferred payment. We pay $148,000-150,000 each month and if we don't, we're out".
The court will watch the situation very closely during the next General Assembly.

Wacker Chemical Corporation
Wacker is working closely with the county on an expansion and they are requesting preliminary funding for a final installation start-up, asking for the adoption of a resolution that will provide for a 30 year industrial revenue bond and corresponding agreement. It is a $30-50 million dollar investment that will create 15 new jobs at the Calvert City facility and the county has been working on this project with Wacker Plant Manager Mary Beth Hudson for about two years. The court voted to give preliminary approval to participate in this Industrial Revenue Bond issue which they have done in the past for other Calvert City plants.

Justice and Public Safety Cabinet
A compliance audit was conducted on the Sheriff's Department by Chris White of the Department of Criminal Justice Training on October 10th to determine that all things are in order for the office participate and receive KLEP funding. The Marshall County Sheriff's Office was in complete compliance.

Old Business
USEC Workers Resolution
Previously tabled, Judge Miller read the revised resolution which will cover injured or exposed workers residing in Marshall County. In the late 1990's the Department of Labor implemented a compensation program to provide workers at the Paducah plant as well as across the nation with compensation for exposures at the plants. The court approved the resolution.

Nuiance situation update
A property that has been abandoned with an old swimming pool that could cause a health hazard and is a concern is being looked into as to what can be done with the property.

UK Dental Program
A memorandum of understanding was not submitted in time to the UK Dental Program after the Health Department agreed to pay the $10,000 for the program. Because of that, the UK Dental program will not allow the Health Department to pay for last year but can pay for next year. The Board of Health asked the Fiscal Court to pay last year's fee of $10,000 and they will pay next year's $10,000. The money had been budgeted to pay for this program but since the Heath Department agreed to pay the $10,000 the Fiscal Court has earmarked those funds for other services and events. The court discussed the possibility of taking the money to pay for the program out of the Reserve Account and tabled any action until the next meeting.

New Business
Surplus Property
No bids were received for the dump truck bed the Road Department is selling as surplus property so Russell York, Road Superintendent, was given permission by the court to sell the bed as scrap.

Bid Opening
Bids were received for the purchase of a 3/4 ton pickup with service bed. Four bids were received from Kinsey Parkway Chrysler for $38,143, Country Chevrolet for $29,455.11, Leon Riley Ford in the amount of $31,200 and Parker Ford bid of $30,498.68. Upon review of the bids by Russell York, the bid was awarded to Country Chevrolet with the low bid of $29,455.11.

Regulating Firearms
The court received a letter from Rich Ornstein, Attorney for the Kentucky Association of County Officials, concerning KRS 65.870 which prohibits local governments from regulating firearms from portions of county grounds.
"What this means is that if someone wants to walk into this courtroom with an AK-47, there's nothing any of us can do about it", Judge Miller said. An exception to this would be the Judicial Building, but areas around the county such as parks and the courthouse could be threatened with this statute which is backed by the National Rifle Association (NRA). Judge Miller as well as other court members were unaware of this statute and found it very troubling.

Executive Session
The court adjourned into Executive Session to discuss a personnel issue concerning an employee with a medical condition. A release from the employee's physician has been received but the court would like more information about the medical condition before allowing the employee back to their position as a truck driver.

Veteran's Day
Veteran's Day will be celebrated on Monday, November 12th at 11:00 a.m. at Mike Miller Park. Commissioner Gold's brother Billy who is a 20 and a half year veteran of the US Air Force will be guest speaker


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