Fiscal court tables proposed county road ordinance changes after long discussion

Posted May 24, 2017 at 2:38 pm

Clinton County Fiscal Court, meeting in regular session last Thursday evening, May 18, spent approximately half of its just over one-hour meeting discussing a proposed county road ordinance, only to eventually table first reading to a later date.

The court also voted on several other items of business during the session.

Prior to discussion on the road ordinance, they acknowledged receiving the monthly treasurer’s report and fund transfers, again approved claims and bills on a split vote with magistrates Hershell Key, Johnny Russell and Terry Buster voting yes, magistrates Mickey Riddle, Ricky Craig and Patty Guinn voting no and judge Richard Armstrong breaking the tie with a yes vote.

Magistrates were again opposed to one item, that being providing work release jail inmates lunch.

Pastor Melvin Daniel then addressed the court about a water line issue with a ditch and drainage problem at Albany Independent Baptist Church on Copeland Drive, west of Albany.

Pastor Daniel sought permission from the court to go ahead and repair the problem himself to stop the erosion by adding concrete to hold the ditches in place.

Although magistrate Craig questioned if there was any way to help with the expense, such as purchasing the concrete, it was noted by judge Armstrong and others that it may set a bad precedence, noting many others may also expect the county to help pay for such work.

The court did vote unanimously, however, on a motion by magistrate Riddle, to allow Pastor Daniel to go ahead and repair the ditch line problem himself.

The court then began a lengthy discussion on the proposed first reading of amendments to the county’s road ordinance, an issue that had been brought forth at their previous meeting in April.

Judge Armstong had recommended some changes, which he said would allow the county to adopt more roads into the system, and blacktop more roads as funds became available.

Different aspects of the road ordinance was discussed, including the laying of gravel and depth of blacktop, and reducing the required right-of-ways from 40 feet to 30 feet, among others.

The drawback some court members, and apparently some members of the community, have is the blacktopping of subdivisions, or roads leading into those areas, feeling that the developers of those subdivisions promise people purchasing or building homes that blacktopping would be a part of the project.

Judge Armstrong told magistrates that not accepting or maintaining some areas leading into subdivisions may limit the county’s growth.

Magistrate Craig, who has been vocal about the issue, said that “If they (developers) are going to put them (subdivisions) in, they need to adhere to the specifications.”

Judge Armstrong said there were 22 subdivisions in the county that are blacktopped but not maintained by the county, adding, the “more people you help, you better serve the community.” He added later he did not distinguish between “rich or poor.”

Former magistrate Jerry Lowhorn, a long-time resident in the area of one of the subdivisions in question, said the county should not have to maintain an area that just served a few and further stated blacktopping the road into the area would only serve certain residents which he feels, they or the developer, should maintain themselves.

Judge Armstrong countered that if they (residents of subdivisions) chose to live in our county, they should have the same rights as anyone else.

Many of the squires indicated in the end they still felt subdivisions should not be included when taking in county roads to maintain.

Also during the discussion, Randy Ellis, a resident in the Hogback Community, asked the court exactly what constituted a subdivision. He noted the road he lives on is a little less than a half-mile in length, with three homes on the road.

Magistrates noted that the road could be adopted through proper channels, but was not yet a county road.

Clinton County Attorney Michael Rains then reviewed the ordinance step-by-step and took recommended changes, including parts about subdivisions court members had requested and will draw up a draft plan of the revised county road ordinance.

During the discussion, Clinton County Road Foreman Michael Craig added there were only two county roads left that had not been blacktopped to date.

Meanwhile, the court, on a motion by Craig, voted to table first reading until the county attorney presents the proposed ordinance for consideration, probably at the next meeting in June.

Following discussion on the road ordinance, the court agreed to continue purchasing road materials from various local businesses that have the best price on an item when it is needed and also voted to accept the low of three online bids received on road salt.

The low bidder for road salt was Detroit Salt at $73.80 per ton, up to 300 tons if needed. That price is less than what the county paid for road salt this past year.

Clinton County Sheriff Jim Guffey then addressed the court pertaining to a resolution for an inter-local agreement with the neighboring Cumberland County Sheriff’s Department.

Sheriff Guffey noted the agreement, which will have to be approved by the Department of Local Government, is like the one Clinton County already has in place with Wayne County.

Guffey said the primary area of cooperation between the two departments would be the Hegira area that borders the two counties. He indicated the agreement would allow for Cumberland County to handle minor incidents in the community and both would work together on any major incidents.

He also indicated a similar agreement would probably be needed in the future with Russell County, around the Rowena area, whenever the new proposed dock is built on Rowena Lake, which is in Russell County, but borders Clinton County.

Ricky Marcum, with the Albany Police Department, then addressed the court about the state-wide BACKUPPS program. He spoke on behalf of Department of Criminal Justice’s Training Commission in which he is a part.

The program, which is already a law under state statute with 72 of Kentucky’s 120 counties already participating, basically allows law enforcement from one county to pursue ongoing criminal investigations into other counties in a cooperative effort among law enforcement.

On separate motions, the court voted to approve the resolution for the inter-local agreement with Cumberland County and also approve participation in the BACKUPPS program.

After acknowledging receipt of the Clinton County Library District budget, the court voted to make final payment of $28,555–paid from a state grant–to Rock Trucking for the cleanup of the Chestnut Grove dump site, which has now been completed.

Solid Waste Coordinator Rick Stearns said the total grant amount for the project was $50,000 meaning the county will have an additional $22,000 to put toward further illegal dump cleanups in the county.

Also due to a scheduling conflict for next month’s regular fiscal court meeting, due to a state conference and it being the week of the Clinton County Fair, magistrates opted to set next month’s meeting from the third Thursday to Tuesday, June 22 beginning at 5 p.m., making the session a special call meeting with a set agenda.