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CAUD Board delays Burkesville Street project decision for week Big issue of the night will be taken up at Special Called Meeting, specifically addressing the Burkesville Street Project, is set for 8amCT, Thursday, August 20, 2015. Board hopes to break an impasse between members Mike Newton, allied with member David Jones vs. Chairman Tim Baker and Member Larry Russell Bryant, whose own appointment has been called into question. Board approves $12,123 for Attorney Damon Talley's law firm's legal bills was suspends work being done by the firm for now. Board makes public estimates of outstanding bills owed to Monarch Engineering and Stotts Construction Company. By Ed Waggener The Columbia-Adair County Utilities District will meet in a special session on at 8amCT, Thursday, August 20, 2015, to try to break an impasse on the Burkesville Street project. In last night's meeting, Board Members David Jones and Mike Newton moved to allow the contract originally awarded to Stotts Construction Company to be forwarded to the Public Service Commission to ascertain whether or not the agency would approve the contract or not. Board Chairman Tim Baker and Larry Russell Bryant voted no, and Board Member Barry Stotts, an employee of Stotts Construction Co., abstained from the discussion and from the vote. Both Jones and Newton said that they had acted on a misunderstanding about the contract when they voted to rescind. Larry Russell Bryant insisted that the matter was a matter of politics, and that he wanted to do the right thing and abide by KRS in the matter. But, in the aftermath of the meeting, Bryant was confronted with the issue of the legality of his own appointment. Kentucky law allows Fiscal Court to replace members of the utility board, within a time frame of 90 days, then the perogative for the appointment lies in the hands of the Public Service Commission. Bryant's appointment by former CJE Ann Melton, approved by Fiscal Court, came over a month past the 90 day window for Fiscal Court fill the expired term of Rudy Higginbotham's. At the time of the appointment, the prerogative would have been that of the Public Service Commission. Last night, Bryant did not say what his course of action would be in light of this KRS rule. Board Chairman Tim Baker said that he would never vote for allowing the PSC to rule on it if it meant re-submitting the contract with Stotts Construction company. (See Tim Baker statement: CAUD Chairman Tim Baker makes statement) Bryant had wanted to act only after the PSC would give an opinion on the matter, but both the utility's counsel, Marshall Loy and General Manager Lenny Stone, told the board that the Public Service Commission does not render opinions, but would act only if the original contract with Stotts Construction Company were resubmitted. Newton had asked that Board Attorney Marshall Loy file with the Public Service Commission, but Mr. Loy said that the appeal could only be file by attorneys approved for filing administrative appeals, and said that the board, in his memory, had only used three: Damon Talley of Stoll, Keenon, Ogden, PLLC, whose itemized statement for $12,123 was approved for payment last night, and Attorney Randy Jones and Attorney Hank Reed. The board voted to pay the itemized statement from Stoll Keenon Ogden which included, primarily, the work of Attorney Damon Talley, for $12,123. Originally, member Newton asked to notify Mr. Talley that his services were no longer needed, but Marshall Loy advised that, instead, the work be suspended but might be taken up at later for continued negotiations with the engineering firm, Monarch Engineering, who has submitted a bill for approximately $180,000 for work rendered for the utility. There is also a question of an outstanding debt to Stotts Construction Company, for supplies ordered by the company, based, General Manager Lenny Stone said, mistakes in estimates made by the utility. He said that payment has been delayed because the bill would have to be submitted through engineer David Bowles, rather than directly from Stotts Construction Company. That amount in open meeting, was said to be $38,000. Those amounts are now in negotiation. So far, no law suits have been suggested, but though there is the possibility of litigation if not settled through negotiations, Mr. Loy said. Adair County Judge Executive Michael Lee Stephens was present at the meeting, and said that his interest was simply transparency in all matters before the board, and that he wanted the infrastructure work to proceed. He favored resubmitting the the bid to the Public Service Commission for a relative quick yes or no on the Burkesville Street project. "We've got a 'pot of gold' of $4,000,000 funded by the KIA (Kentucky Infrastructure Authority)," he said. He said that the money should be spent to get the most for the citizens of Adair County. He has not yet made a public statement on the legitimacy of Mr. Bryant's seat. Settling that matter would mean that the board's impasse might or might not broken. If he remains, the impasse might remain. If he resigns or is found not be be legally appointed, the balance of power would move to Commissioners Newton and Jones, who favor resubmission of the contract to the Public Service Commission. This story was posted on 2015-08-14 06:59:12
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