Vol. I — KentuckyThe public record, indexedUpdated daily

Daviess County Fiscal Court

Meeting of September 15, 2022

Daviess County Fiscal Court Meeting September 15, 2022

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Summary

The Daviess County Fiscal Court met on September 15, 2022. It opened with proclamations for Constitution Week (with a presentation from the Daughters of the American Revolution) and for 10-4 Awareness Day, which draws attention to bruising as a sign of child abuse in young children.

The court approved routine business: the previous minutes, claims, the sheriff's 2021 tax settlement, the detention center's updated policy manual, a deferred compensation joinder agreement, and a land transfer from the city of Owensboro for a plot in Potters Field cemetery. That plot is meant for relocating the statue now atop the pedestal on 3rd Street. The court also released a security bond for Free Silver Road after mining-related reconstruction.

The court approved three bids: seal coating and striping at the operations center and animal shelter for about $17,420 (versus an earlier $81,000 bid, since road crews are doing the base repairs), a replacement zero-turn mower for about $13,239, and six sets of fire turnout gear for about $18,971. It hired Travis Richter as landfill manager and promoted Jared Mattingly to transfer station floor supervisor. Commissioners announced a free Tox-Away Day on October 1 and the Lambert Pioneer Christmas on December 3.

After a recess, the court received a broadband update: the project is delayed by regulatory uncertainty, construction pace is being doubled, some customers should be connected near the end of this year, and completion is targeted for October 2023.

The court then held the first reading of three ordinances on an appeal of a planning commission rezoning of lots on Cambridge Drive and Sturbridge Place from single-family to multifamily (R-3MF). The court heard questions of planning staff, the applicant, the applicant's engineer, and neighbors. No vote was taken. The second reading and arguments (five minutes per side) are set for October 6 at 5 pm.

Agenda (21)

  • 0:00

    Call to order, prayer and pledge

    Meeting opened with prayer and the pledge of allegiance.

  • 1:38

    Constitution Week proclamation and DAR presentation

    Proclamation read for Sept 17-23; DAR chapter regent described the chapter's work and a need for a permanent meeting place.

  • 9:21

    10-4 Awareness Day proclamation

    Proclamation read for October 4 on the bruising rule for child abuse awareness.

  • 11:33

    Treasurer's report

    Total cash at Aug 31 was about $68.8 million; finances within expected ranges.

  • 12:24

    Minutes and claims

    Minutes of the Sept 1 meeting and all claims approved.

  • 13:11

    Sheriff's 2021 tax settlement and quietus

    Treasurer reviewed and recommended approval; split tax year explains lower real property total.

  • 14:35

    Detention center policies and procedures manual

    Annual update with minimal changes; two manuals merged into one.

  • 16:23

    Deferred compensation joinder agreement

    Resolution 18-2022 joining Kentucky public employees deferred compensation plans.

  • 17:30

    Potters Field cemetery property transfer

    Agreement with Owensboro for a plot to relocate the statue from the 3rd Street pedestal.

  • 18:59

    Western Kentucky Minerals bond release

    Final surety released after Free Silver Road reconstruction.

  • 20:03

    Bids: paving/striping, mower, turnout gear

    Three bids approved after staff explanation; discussion of mower bid validity.

  • 26:12

    Landfill manager hire

    Travis Richter hired effective Sept 29 to succeed retiring manager.

  • 28:24

    Transfer station supervisor promotion

    Jared Mattingly promoted effective Sept 19.

  • 29:11

    Public comments and commissioner comments

    No public comment; announcements of Tox-Away Day and pioneer Christmas.

  • 32:01

    Recess

    Court recessed for about five minutes before the zoning appeal.

  • 38:23

    Broadband update

    Update on Connexon/Kenergy fiber project, delays, and timeline.

  • 42:12

    Zoning appeal: ground rules and ordinance first reading

    Judge explained appeal process; county attorney read three ordinances for rezoning to R-3MF; no vote at first reading.

  • 56:26

    Questions of planning director Brian Howard

    Howard explained OMPC, the comprehensive plan, rezoning criteria, notice requirements and why staff found it not compliant.

  • 1:21:50

    Questions of applicant and engineer

    Boswell agreed to limit to duplexes; discussion of infrastructure, original single-family intent, parking.

  • 1:44:01

    Questions of appellants

    Neighbors Baldwin, Beard and Newton questioned on neighborhood conditions; next hearing set for October 6 at 5 pm.

  • 2:06:27

    Adjournment

    Meeting adjourned.

Motions & votes (10)

  • 12:30

    passed Approve minutes of Sept 1, 2022 meeting

    Voice vote, motion carried

  • 12:48

    passed Approve all claims for all departments

    Voice vote, motion carried

  • 13:15

    passed Approve Daviess County Sheriff's 2021 tax settlement and quietus

    Voice vote, motion carried

  • 14:39

    passed Approve detention center policies and procedures manual annual update

    Voice vote, motion carried

  • 16:28

    passed Approve Resolution 18-2022 and Kentucky deferred compensation joinder agreement

    Voice vote, motion carried

  • 17:39

    passed Approve MOA with City of Owensboro for transfer of plot in Potters Field cemetery

    Voice vote, motion carried

  • 19:04

    passed Release Western Kentucky Minerals security bond for Free Silver Road

    Voice vote, motion carried

  • 20:11

    passed Award bids 22-2321 (Superior Asphalt, $17,420.21), 22-2322 (Hagins Outdoor Equipment, $13,239) and 22-2323 (Atlantic Emergency Solutions, $18,971.04)

    Voice vote, motion carried

  • 26:18

    passed Hire Travis Richter as landfill manager effective Sept 29, 2022

    Voice vote, motion carried

  • 28:29

    passed Promote Jared Mattingly to transfer station floor supervisor effective Sept 19, 2022

    Voice vote, motion carried

Transcript (99 segments)

  • 0:00

    i will call the davis county fiscal court meeting to order the september 15th 2022 davis county meeting uh commissioner kolger would you lead us in a prayer in the pledge yes sir have all your heads please lord we praise and thank you for all your blessings please continue to guide the members of this body in your willful direction lord remind us that as you we truly serve when serving the citizens of this community we praise you for your entrusting us to lead our county pray for our firemen policemen military and first responders to always be safe all this we pray through our lord jesus christ amen amen i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice crime thank you commissioner colgar once again i want to welcome everyone to our september 15th 2022 davis county fiscal court meeting have a lot of folks out in the audience uh we have an appeal uh on a rezoning to here at the end

  • 1:14

    of this agenda so folks i'm sorry you're gonna have to sit through a whole lot of stuff if you would if you have a cell phone turn it off put it on silent put it on vibrate so we don't interrupt and bother your neighbors jenny are you ready item one consideration for presentation a proclaims september 17 through 23 2022 is constitution week and october 4 2022 as 10-4 awareness day commissioner koger would you read the proclamation for constitution week yes sir whereas the constitution of the united states of america the guardian of our liberties and bodies and principles of limited government in a republic dedicated to rule by law and whereas september 17 2022 marks the 235th anniversary of the framing of the constitution of the united states of america by the constitution convention and whereas it is fitting and proper to accord official recognition to the magnificent document and its memorial

  • 2:27

    anniversary into the patriotic celebrations which will commer commemorate it and whereas public law 915 guarantees the issuing of the proclamation each year by the president united states of america designating september 17th through the 23rd is constitutional week and now therefore in davis county kentucky davis county judge executive al magley do hereby proclaim september the 17th the 23rd 2022 as constitution week as assistance to reinform the ideals of the front of the framers of the constitution had in that in 1787 by visually protecting the freedoms guaranteed to all through this guardian of our liberties remembering that lost rights may never be regained presented miss davis county kentucky the 15th day of september 2022 judge al mangling thank you commissioner mary coombs would you come forward commissioners let's go out get a picture and then uh i think miss coombs has a few words we'll come out there

  • 3:40

    um ready okay my name is mary coombs and i'm the chapter regent of the general evan shelby chapter of the daughters of the american revolution if you will allow me i would like to tell you a bit about us our chapter began 125 years ago october of 1897 here in owensboro just seven years after the national society was chartered and we will be celebrating our 125th anniversary on october to 22nd at first presbyterian church the daughters of the american revolution

  • 4:55

    is a non-profit non-political volunteer women's service organization dedicated to to promoting historic preservation education and patriotism it was founded on october the 11th and its mission is to promote historic preservation education and patriotism the motto is god home and country our membership nationally is 190 000 members with 3 000 chapters in all 50 states in washington d.c our chapter funds are used to help veterans award scholarships mark graves of war patriots and donate to one of our dar-supported schools here in kentucky the hindman settlement school we recently took a pickup load of supplies to a drop-off point in lexington to be taken to hindman each year in october we have a day of service project where we encourage our members to serve the community in some way last year we held a book drive and donated over 400 books to the international center to help afghan refugees the year before we held a canned food

  • 6:08

    drive to help families in need through a local church pantry this year we will be collecting donations to help heinemann settlement school replenish their school supplies after the devastating floods members are encouraged to log their volunteer service hours on the national dar website in an online tally patriotism is also important to our mission that is why we celebrate constitution week as we are doing now by having the proclamation signed at each chapter meeting we say the pledge of allegiance and the americans creed we also have an annual flag day picnic to celebrate our national flag nation's flag historic preservation is another mission the kentucky room at the davis county public library was actually started as a repository of genealogical records from the general evan shelby chapter preserving historical and genealogical records is extremely important to our members our chapter was also instrumental in preserving the jones cabin at yellow creek pioneer village we also sponsored a da our grant for the whitesville historical society to help with their restoration of the stented

  • 7:21

    house in whitesville so that is just a snapshot of what we do as an organization we accept any woman who is able to prove that she is a direct descendant of a revolutionary war patriot and we have volunteer genealogists who love to help ladies help find a patriot and trace their their lineage just one more thing and i'm finished we have a meeting room on the third floor of the orangeview owensboro museum of science and history with a beautiful mural painted by rex robinson rex has an aunt and two first cousins in our chapter so i think we got a great deal on that mural it's becoming increasingly difficult for some of our older members to make it to the third floor of the museum but at our last meeting we had 35 in attendance some of our members are 90 years old and older and they have been in our chapter for over 70 years some of them ideally we would like to have a permanent meeting place to share with the sons of the american revolution and the davis county historical society that is more accessible whitesville historical society has allowed us to use their meeting places

  • 8:34

    at times space at times but it's pretty long drive for many of our members we think that davis county should have a permanent meeting place for our historical society the sons of the american revolution and the daughters of the american revolution thank you for allowing me a few minutes on your agenda thank you very much i may send my sister to you she's have found a stumbling block in her application yeah so but she's in somewhere in virginia so you know maybe that we claim that she was adopted instead of being a real member of the family okay thank you uh commissioner watham do you want to read the ten four awareness day proclamation yes whereas children under four are at a higher risk of serious physical injury or death as a result of child abuse and whereas kentucky has doubled the national rate of substantiated child victims of abuse under age one and whereas research from pediatricians has led to a rule called the 10-4 bruising rule that says that any