Fiscal court hopes to find funding for access project on Cumberland River

Posted July 14, 2011 at 1:00 pm

Clinton County Fiscal Court met nine days earlier than usual on Tuesday, July 12, in order to meet the 60-day window in hearing a report from the Magisterial Reapportionment Commissioners. Five of six members were present for the one-hour session which also included a report on a project being worked on by the Kentucky Department of Fish and Wildlife, among other items of business.

The meeting opened with Judge/Executive Lyle Huff reading a prepared statement commending law enforcement on their handling of a stand-off situation that occurred in the county a week ago Sunday afternoon. (That statement can be read in its entirety at the conclusion of this article.)

Judge Huff then swore in three of the four reapportionment commission members, after which the court voted to pay claims and bills and approved the monthly, quarterly and annual treasurer’s report presented by County Treasurer Dallas Sidwell, as well as approving one cash transfer.

Tony Wheatley and Eric Brooker of the Kentucky Department of Fish and Wildlife Resources then addressed the court about a local project that has been in the works since 2008.

Wheatley said that the department’s strategic plan called for increasing angler/fisherman access to the lower Cumberland River, and that was possible at an area at Wells Bottom in northern Clinton County.

A property owner in that area has agreed to sell land for the project, which will give bank access to the lower Cumberland River and funds are in place for the project from a Sport Fish Restoration grant. Plans call for developing a parking lot, building an access road and fencing both sides since the property owner would still own land on either side of the bank accessing the lower Cumberland River.

The only hold up at this point, however, is apparently a portion of a road estimated to be about 1,000 feet in which the county would have to take in to create public access.

Judge Huff informed the court that a county ordinance requires that any road taken in would require four inches of blacktopping, at a cost he estimated to be around $15,000. However, the county apparently doesn’t have the funds and according to the Fish and Wildlife officials, the grant money cannot be used to construct roadways and can only be used specifically for the project itself.

Some magistrates thought that when the ordinance pertaining to blacktopping of county roads taken into the system, it referred to requiring blacktopping only in subdivisions. But Judge Huff said it was the county attorney’s opinion that it was all new roads taken in.

Magistrate Ricky Craig, who serves the Wells Bottom area, said the $140,000 project should definitely go forward but as far as the access road, the county would have to abide with the ordinance in place.

Wheatley said the landowners would give the easement for the roadway, but would not pay for the blacktopping to be done. “We’re ready to go (on the project). We’re prepared to begin. We’ve come too far to fail,” he said.

When asked by Magistrate Willard Johnson about the estimated financial benefits from tourism the project would bring, Wheatley said he worked in the area of acquiring property and didn’t have an estimate but added the project would be of major benefit to the county.

Wheatley continued they would like to eventually build a swinging bridge from the bank to the island for anglers, trout fisherman and other visitors. “It’s a highly unique project,” he added.

Magistrate Johnson said he knew about how much tourism revenue is estimated from the project, although not stating a figure and added “if we let this opportunity pass by, we don’t need to be here.”

Judge Huff and the court, as well as the Fish and Wildlife officials, agreed to search for ways to fund the blacktopping of the access road and the judge told Wheatley and Brooker the county should know something by the first of August.

Road Supervisor Jim Pennycuff then addressed the court once again about an ongoing problem of road signs being taken down and/or stolen across the county. He said the situation was of “epidemic” proportions and asked the public’s help in reporting persons seen or caught stealing the signs.

“It continues to get worse,” said Pennycuff. “I hope everyone will keep their eyes and ears open” and report any sign destruction or theft to law enforcement.

The court then heard from a representative from the Lake Cumberland Area Development District pertaining to a CDBG Disaster Recovery grant program the county could apply for to widen and raise the Ewing Branch bridge. The grant is in the amount of $212,000 and the court, on a motion by Magistrate Johnson, voted unanimously to approve a resolution authorizing the judge/executive to apply for the funds.

On a motion by Magistrate Ricky Craig, the court voted unanimously, via resolution, to authorize the judge/executive to apply for a grant that, if funded, would be used for the purchase of a new ambulance.

Also, the court voted via resolution to apply for a grant that, if funded, would be used by the sheriff’s department to purchase five AR15 rifles. Sheriff Rick Riddle noted that during the most recent standoff in the county, the perpetrator had such a weapon and the weapon could be needed at some point by local law enforcement. The motion to apply for the funding passed 4-0 with Magistrate Mickey Riddle abstaining.

Also on the agenda was a Memorandum of Agreement with the Department of Transportation pertaining to the connector road being proposed from the middle school to the U.S. 127 bypass. However, that memorandum had not been received and no action was taken.

The final item of business discussed by the court was that of the Magisterial Reapportionment Commissioners initial report and mapping of the new proposed district areas.

Neal Cundiff from the Lake Cumberland Area Development District, who had worked with the committee and County Clerk Jim Elmore, the person who will basically be in charge of implementing the new areas by notifying affected voters, presented the magistrates with the commissioners’ proposals.

Cundiff noted that magisterial Districts 1 and 2 would not be affected at all, while the other four districts would show some changes, with the largest being in District 6. That district, population wise, had more people than any other of the districts.

Cundiff reported that the commissioners got within the 10 percent range of population per district. The reapportionment is based on the number of people living in the district, not by the number of registered voters per district.

“We tried to do it to cause the least pain as far as moving voters from one district to another,” Cundiff noted.

County Clerk Elmore noted that the process would take a lot of extra work and voters who will be affected by having to change districts where they vote will be notified in advance.

Some suggestions as to ways to find out which voters would be moved was using the 911 system or by mail.

There was also questions as to whether the school district would have to make changes in its school board boundaries as a result of the redistricting.

The court now has 60 days from July 12 to either amend or adopt the commissioners’ findings. Since Magistrate Charlotte Bernard was absent, Magistrate Riddle recommended she be given a copy of the proposed mapping area prior to the court taking any official action as a group.

Judge Huff, Clerk Elmore and Cundiff all commended the four reapportionment commissioners–Billy Joe Coop, David Honeycutt, Norman Dale Asberry and Larry Hatfield–for the work they did in putting together the magisterial district boundaries.

Redistricting at the state and local levels are required at the end of each 10-year U.S. Census cycle. As of yet, the state also has to do its own redistricting to determine Congressional boundaries in Kentucky.

The next regular meeting of Clinton Fiscal Court is scheduled for August 18 at 5 p.m. A special call meeting, however, is expected to be held within a couple of weeks to deal with the Fish and Wildlife project and other issues.

The following is the prepared statement from Judge/Executive Lyle Huff, commending law enforcement and emergency responders for the job they did during a recent standoff situation in the Upchurch Community:

“To Law Enforcement, Emergency Responders and Citizens of Clinton County:

On behalf of the Clinton County Fiscal Court and myself, Lyle K. Huff, I would like to take the opportunity to recognize our law enforcement and emergency responders for their immediate response to our crisis that developed in Clinton County on July 3, 2011. An extremely dangerous situation began around noon in Clinton County with a standoff on the Upchurch property located on Hwy. 3156. Clinton County Sheriff’s Deputy Jim Guffey was the first officer on the scene and encountered a life threatening situation. Deputy Guffey expressed personal and professional conduct in dealing with the crisis which developed into a standoff involving numerous law enforcement agencies and medical personnel.

Fortunately, there were no injuries sustained during the standoff. Ms. June Upchurch was safely removed from her home and taken from harm’s way by Deputy Guffey.

Further, the following agencies should be recognized as they arrived on the scene during the standoff and remained on the Upchurch property until the standoff ended. Those being Sheriff Ricky Riddle and the Clinton County Sheriff’s Department; the Kentucky State Police, including Sgt. Jeremy Johnson and several other KSP units, including eight or nine units; the Albany Police Department with Officer Brad Cross and Officer Ricky Marcum; the Department of Fish and Wildlife Officer Wayne Glover, Officer Brian Gibson, as well as two other Fish and Wildlife units; the Russell County Sheriff’s Department, Deputy Jason Warinner; the Kentucky Vehicle Enforcement, Officer Randy Honeycutt, Clinton County Constable James Adkins and anyone involved in controlling the crisis.

A very dangerous situation came to an end with a positive outcome. The service that all departments of law enforcement, 911 and emergency medical services provide to keep Clinton County a safe place to live should be appreciated, respected and should not go unrecognized. Thank you.”