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Fiscal Court Approves Nuisance Ordinance 4-1

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The Butler County Fiscal Court met on Monday night in the first bi-monthly session for April. All members were present.

Greg Meredith from the Kentucky Transportation Cabinet District 3 was in hand to discuss Rural Secondary Road Funds for the 2015 Fiscal Year. Butler County will receive a total of $1,246,725 in funding. $610,762 of the funds will be used on two repaving projects on Kentucky Highway 1187 and Kentucky Highway 1118.

Highway 1187 will get 2.649 miles of new pavement beginning at the intersection of Highway 106 and extending to the intersection with Highway 3205 at a cost of $253,101. Repaving on Highway 1118 will begin at the intersection with US 231 and end at the Ohio County line, and will cost $357,661.

The county will also receive $172,401.00 in discretionary Flex Funds. Flex Funds are monies given to counties for local projects. In Butler County the funds are divided equally among the 2nd, 3rd, 4th, and 5th districts. The 1st district doesn’t receive Flex Funds because the majority of roads in that district are within the Morgantown city limits.

The remainder of the Rural Secondary Road Funds will go toward routine maintenance on 139.3 miles of secondary roads at a cost of $3,300.07 per mile. Maintenance on those roads totals $459,700.

A split Court approved the second reading of the county's new nuisance ordinance. The only no vote came from 5th District Magistrate Bobby Moore. Moore said people had expressed concerns that the ordinance could cause problems for livestock farmers, and owners of animals in pens. He said people were also concerned that having unregistered automobiles, project cars, or race cars could be a violation.

Said Moore, “I’ve caught a lot of slack over this.”

Third District Magistrate Chad Tyree said he was concerned that someone could move next to an existing farm, or livestock herd and then make complaints concerning smells, noise etc. He thinks provisions should be included in the ordinance to prevent that situation from occurring. He also asked if complaints could only come from adjacent land owners.

Judge Fields told Moore and Tyree that the main purpose of the ordinance was to combat the growing problem of abandoned houses and mobile homes. He also stated that each magistrate would work with Solid Waste Enforcement Officer Timmy West, and County Attorney Dick Deye to decide what cases to pursue. Even with the reassurance Moore voted no on the ordinance, but it passed by a 4-1 vote.

Jailer Terry Fugate asked the Court for approval to buy pepper spray and a Taser for the jail. Fugate said a recent incident with a violent prisoner had been reviewed by the Kentucky Department of Corrections. He said that the DOC recommended that pepper spray and tasters be added to jail equipment, and that all staff be certified to use the spray, and that one person on each shift be certified to use the Taser.

Fugate explained that the pepper spray and Taser could potentially protect the county from liability. He said that although brute strength or numbers could be enough to subdue a resisting inmate, that it is not the best way to handle such situations. He said that Tasers collect data when they are used, and show how many shots were used, the total voltage expended, the time of the incident, and other information that could protect the county from liability.

The Court approved the purchase by a 5-0 vote. The cost of the equipment will be approximately $2,000, and will come from the Jail Budget. Fugate also presented the Court with a revision to the Jail Policy and Procedure Manual to cover use of pepper spray and Tasers against resisting inmates. The Court accepted the revision with a 5-0 vote. Fugate also informed the Court about a water runoff problem that is causing an outbreak of black mold in the Jail. Fugate asked for dirt and gravel to be used to divert the water. The County Road Department will provide the dirt and rock, and the work on the project will be provided by the Jail Work Crew.

The Court renewed its economic development contract with the Bowling Green Area Chamber of Commerce. Maureen Carpenter from the BGACOC was at the meeting and briefly spoke to the squires about the contract and industrial/commercial recruitment to Morgantown and Butler County. She said that the biggest factor influencing potential industries is workforce readiness.
The magistrates approved the contract on a 5-0 vote. The cost of the one-year renewal will total $23,780.00. The county and the City of Morgantown each pay half of the annual contract. The City Council passed the City’s renewal on Thursday night at the identical rate of $23,780.00.

In other business the Court approved routine bills and transfers, accepted the Treasurer’s monthly and quarterly reports, and made a routine transfer from the General Fund to the Jail Fund. An insurance payment to the 4th District VFD of $804.50 was approved by the Court. The magistrates also approved the annual enrollment agreement with KACO for medical insurance, and approved the transfer of road funds for 2014-15.

The meeting was then adjourned.

The Court will next meet in open session on Monday, April 27th. The Fiscal Court holds open sessions twice monthly on the second and fourth Monday night of each month. Meetings are held in the upstairs courtroom of the Butler County Courthouse and are open to the public.

 

Story by Joe K. Morris, Beech Tree News

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