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Question that remains unanswered - and we've tried

What's going on at the Columbia/Adair County Utilities District? How much does the Columbia/Adair County Utilitities District owe for the special counsel hired to defend against a lawsuit for which there is no written or verbal indication any litigation might happen?

By Ed Waggener
Commentary

For many days now, we have asked a question which is on the minds of some (not enough): How much is currently owed to the special attorney, Damon Talley, hired Thursday, May 14, 2015 by the Columbia/Adair County Utilities District at $332 per hour? Almost three months ago?

I have also asked Board Chairman Tim Baker, Member Barry Stotts, Member David Jones, and Member Mike Newton. Chairman Baker has not answered. Members Stotts, David Jones, and Mike Newton all say they are asking and do not have an answer. Maybe Member Larry Russell Bryant, whom we have not asked, can give an answer.



The General Manager, Lenny Stone was asked that question before going on vacation last week, and I was told by Mr. Stone that he would get back to me with an answer after he returned on Monday, August 3, 2015. I have yet to get an answer.

Adair County Judge Executive Mike Stephens says that he, too, is still in the dark on this question.

As yet, there can be only conjecture about the "pending litigation" the attorney was hired to defend against.

It is believed that it is over the controversial rescinding of the Burkesville Street project.

I have checked with two parties most affected by that decision.

David Bowles, of the engineer, is owed money for the work he did designing the work. I've asked for the amount, and was told to get it from General Manager Lenny Stone. And I've asked GM Lenny Stone for that amount and have not received an answer.

Mr. Bowles has simply asked for the payment. He has in no way - yet, indicated that he has any intention of litigatiing the matter.

The other party, Stotts Construction Company, had order materials for the project, and, according to Connie Stotts of Stotts Construction, the company has not been re-imbursed for those materials, purchased and left over from previous downtown projects. The total the Utilities District owes, she indicated, is between $40 and $50,000. At this point, Stotts Construction Company has never indicated a lawsuit is forthcoming to settle this debt.

At the last meeting of CAUD, member Mike Newton suggested that the contracts for the Burkesville Street Project be re-instated contingent on the Public Service, Kentucky Division of Water, and Kentucky Infrastructure Authority upholding Engineer David Bowles' assertion that the project had/would be approved by these agencies, before rebidding the project. Doing so would quickly establish whether Engineer David Bowles was right or not. If he's right, Newton noted, the work could go forward immediately, and at a proven savings.

Taking this route would settle the issue on legality of the district's awarding the work to the local firm without the need for outside lawyers.

And, by the way, the money the District is spending on the special attorney is not play money, like the $600,000 bailout the district received after delaying a decision to delay acceptance of a mostly grant/rest 1% 40 year loan, for badly needly sewer system upgrades. That was just Federal taxpayer money, which they seem to think was play money. We don't.

There is a dollar figure, plus or minus, on how much the indecision of the authority has cost the taxpayers since the purge began, starting in the administration of CJE Ann Melton and continuing with the joint decision of Judge Melton and Judge Stephens to appoint Larry Russell Bryant to the board. We're working on a story about that cost:

- In terms of dollar costs: At least that $600,000 bail out, maybe as high as $1,500,000.

- In terms of projects delayed or lost. Several. Including the renovation of the embarrassing exterior of the Lindsey Wilson Water Tower, the Burkesville Street Project, the water pressure problem in South Adair County, and the sewer fix for the Green River Animal Shelter. Were it not for board inexperience, and dalliance, this community would now, I believe, be seeing the finish up of the Burkesville Street Project, the upgrading of the Tutt Street/Bomar Heights water project, and would be well on it's way to a real solution - not a Band-Aid fix, for the water pressure problems for some 600 customers in South Adair County.

- And because of the board's action It now seems rate increases will inevitable come sooner than later.

(And folks, I've noticed from my own bills: The real rate increase is much higher than the stated percentage because the utility is installing new meters, which register the actual usage. The old ones tended to register less usage. The bottom line of CAUD has been increased because of the metering, as well as the rate increase).

Ultimately, the buck stops first with the district board members, secondly with the General Manager, and ultimately with the Fiscal Court and the County Judge Executive, who, as a last resort, have the power to make changes.

For me, this is a difficult story to begin. I still believe that the water district is the county's crown jewel of an asset. I'm hoping I'm not wrong in believing that the present board, General Manager, and Fiscal Court can get the District back on the right track.

We'll have more on the issues the district faces as we can learn more. Right now, CAUD's overseers seem to be Siege Mode, rounding up the wagons, to fight off the public, which has a right to know.

This is not a call for firings, board member resignations or removal, though that may be in order. It is simply a call for, for now for an answer to one simple question: What is currently owed by the Columbia/Adair County Utilities to Mr. Talley and his firm? It is not a question about Mr. Talley, who, in the recent merger of the City and County water systems, did excellent work.

The answer would also lay to rest exactly how the charges are figured, who expenses are paid, and whether, for one thing, a call to the firm or Mr. Talley is billed to the District, which is why we at CM have not talked to him directly and why CJE Stephens says he is not talking to him - worrying that a single encounter might incur yet another hour to be paid by the utility.

Does anybody else care?

- ED WAGGENER, with more questions than answers.


This story was posted on 2015-08-07 03:49:49
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