Vol. I — KentuckyThe public record, indexedUpdated daily

Daviess County Fiscal Court

Meeting of April 25, 2024

Daviess County Fiscal Court Meeting April 25, 2024

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Summary

The Daviess County Fiscal Court met April 25, 2024, and approved nearly all items on its agenda. Routine business included the March treasurer's report, minutes from two prior meetings, and all claims. The court also approved a resolution on bus transportation for nonpublic school students, budgeted at $300,000 and reimbursed by the state, and named the county's FEMA applicant agent.

The main debate was the second reading of a rezoning ordinance for a roughly 6-acre tract at 1324 Worthington Road, changing it from urban agricultural to B-4 general business. Commissioner Castlen moved to add four new conditions: lighting limits, restrictions on permitted uses, a new development plan if uses change, and maintenance covenants for detention basins and ditches. Commissioner Marksberry moved to strike condition five, the use restrictions, but that motion failed 2-2. The amendment then passed, and the amended rezoning ordinance was adopted. Marksberry voted yes while saying she still opposed condition five.

The court also approved a sidewalk surety release, a $18,700 engineering proposal for the Grimes Avenue transfer station, and several bids and contracts. These covered bulk fuel, tire repair, recycling, a jail roof replacement, solid waste transportation (awarded to Ricky H. Moore Trucking despite not being the lowest proposal), uniform services, and road salt at a higher per-ton rate. Several appointments and hires were approved, including a PVA assessment appeals board member and new staff.

During public comment, a Daviess County Republican representative asked the court to form an exploratory committee on paper ballots and hand counts, and a resident asked that courthouse accessibility be addressed in planned renovations. Commissioner Marksberry proposed a timeline for the senior center project, suggesting the county withdraw its pledged $2 million if infrastructure work does not begin within six months. Commissioners also praised the Touch a Truck event and the community cleanup.

Agenda (13)

  • 0:01

    Call to order, prayer and pledge

    Judge called the second April meeting to order, followed by a prayer and the pledge.

  • 1:40

    Treasurer's report for March 2024

    Treasurer reported cash balances and said variances were normal and explainable.

  • 2:34

    Minutes and claims

    Minutes of the April 11 meeting and April 17 special meeting and all claims were approved.

  • 3:41

    Resolution on nonpublic school student transportation

    Resolution required for state reimbursement of bus transport, budgeted at $300,000. Approved.

  • 4:31

    Resolution designating applicant's agent

    Names the court's FEMA/KYEM applicant agent for grant applications. Approved.

  • 5:24

    Budget amendment number two, second reading

    Amends budget to reflect a $60,000 FEMA hazard mitigation grant. Approved.

  • 6:10

    Worthington Road rezoning ordinance, second reading

    Rezoning from agricultural to B-4 general business with added conditions. Motion to strike condition five failed 2-2, the amendment passed, and the ordinance was adopted.

  • 21:22

    Release of surety for Ridge Brook Cove sidewalks

    Sidewalks met requirements; surety released.

  • 22:13

    Engineering proposal for Grimes Avenue transfer station

    Accepted an $18,700 proposal for structural design of safety devices; unbudgeted.

  • 22:53

    Bids and contracts

    Awarded bulk fuel, tire repair, recycling, jail roof, and solid waste transportation bids; renewed uniform and road salt contracts.

  • 29:01

    Appointment and personnel actions

    Appointed Tony Clark to the PVA assessment appeals board; approved several hires and one promotion.

  • 32:11

    Public comments

    Speakers asked for an exploratory committee on election procedures and for courthouse accessibility improvements.

  • 40:31

    Comments by commissioners

    Marksberry proposed a timeline for the senior center project; Conor and the judge praised Touch a Truck and the community cleanup.

Motions & votes (23)

  • 2:34

    passed Approve minutes of the April 11, 2024 fiscal court meeting

    Voice vote, ayes

  • 2:59

    passed Approve minutes of the April 17, 2024 special called meeting

    Voice vote, ayes

  • 3:26

    passed Approve all claims for all departments

    Voice vote, ayes

  • 3:41

    passed Approve Resolution 07-2024 on transportation of nonpublic school students

    Voice vote, ayes

  • 4:31

    passed Approve Resolution 08-2024 designating the applicant's agent

    Voice vote, ayes

  • 5:24

    passed Adopt budget amendment number two on second reading

    Voice vote, ayes

  • 6:12

    passed Approve rezoning ordinance on second reading (Worthington Road)

    Roll call, all yes

  • 8:56

    passed Amend the zoning ordinance to add four new conditions (items 4-7)

    Moved by Commissioner Castlen · Roll call, all yes

  • 12:29

    failed Strike new condition number five from the amendment

    Moved by Commissioner Marksberry · seconded by Commissioner Conor · 2-2; Judge Executive and Castlen voted no, Conor and Marksberry voted yes

  • 21:22

    passed Release surety for 6419 Ridge Brook Cove sidewalks

    Voice vote, ayes

  • 22:13

    passed Accept $18,700 engineering proposal for Grimes Avenue transfer station

    Voice vote, ayes

  • 22:53

    passed Award bid 23-24 D61 bulk delivered fuel to Valor Oil

    Voice vote, ayes

  • 23:34

    passed Award bid 23-24 D62 tire repair and maintenance to Best One Tire

    Voice vote, ayes

  • 24:17

    passed Award bid 23-24 D63 recycling services

    Voice vote, ayes

  • 24:53

    passed Award bid 23-24 D64 jail buildings 3 and 4 roof replacement

    Voice vote, ayes

  • 25:43

    passed Award RFP 05-2324 solid waste operations waste transportation to Ricky H. Moore Trucking

    Voice vote, ayes

  • 27:17

    passed Renew purchase agreement with Aramark uniform services

    Voice vote, ayes

  • 28:14

    passed Accept renewal of city bid 4230 bulk sodium chloride

    Voice vote, ayes

  • 29:01

    passed Appoint Tony Clark to the PVA assessment appeals board

    Voice vote, ayes

  • 30:34

    passed Hire William Mullen as building and grounds technician

    Voice vote, ayes

  • 30:53

    passed Hire Duncan Kane as service technician

    Voice vote, ayes

  • 31:17

    passed Hire Anna Krampy as senior staff accountant

    Voice vote, ayes

  • 31:38

    passed Promote Aaron Rafferty to solid waste heavy equipment operator

    Voice vote, ayes

Transcript (40 segments)

  • 0:01

    good evening I'd like to call this uh meeting of the this is the second meeting of April uh of Davis County Fiscal Court to order and uh commissioner Conor could you lead us in the opening prayer and the pledge thank you judge if everyone could um please pray with me or silent meditation whichever your preference please dear Lord We Gather here tonight to do your people's work we especially ask that you bring peace to our to your world to our world to your people to me people suffer when men and people just simply want to war on each other bring them peace please to our community Owensboro and Davis County bless us all bless this court judge executive Charlie C commissioner Janie marksberry commissioner Chris castlen and myself touch our minds touch our hearts touch our souls that we do well that we do your will not only

  • 1:13

    tonight but each and every day I ask this in your son's name amen amen and now the pledge to the flag of the United States of America stand andice thank you commissioner uh Brook first item one consideration for presentation a treasurer's report for March of 2024 commissioner I mean excuse me Mr Johnson yes judge as of March 3124 total cash balance is 73,4 4,380 for all funds minus operating reserve and restricted funds cash for general fund operations is 28 m62631 all variances within the treasures report are normal expected explainable Andor have proper approvals and all departmental activity is within expected ranges to date I have nothing else to report thank you uh

  • 2:28

    Commissioners any question for Mr John no next I BR two consideration for approval a minutes of the April 11th 20124 Davis County Fiscal Court meeting motion to approve I'll second got a motion and second we've all had the minutes for few days to review and do I hear any corrections deletions or additions heing n all those in favor signify by saying i i b minutes of the April 17th 2024 Davis County Fiscal Court special called meeting motion to approve I'll second got a motion a second again we've had these a few a few days to review any are there any corrections deletions or additions hearing hearing none all those in favor signify by saying I I C all claims for all departments I'll make a motion to approve second got a motion in second are there any any questions from Mr Johnson hearing then all those in favor signify by saying i i d resolution 07224 transportation of non-public

  • 3:41

    school students motion to approve I'll second got a motion second Mr Johnson yes judge the Davis County Public School System invoices Davis County Fiscal Court to provide bus transport for non-public school students in the county per care is 15815 which the state will then reimburse once all costs have been reconciled and build accordingly the total expense is budgeted at 300,000 as it has been for the last several years this resolution is a required part of our application to the state to participate in the program to receive reimbursement for these expenses it should be noted the court has participated in this program for over 20 years I see no issues thank you any questions for Mr Johnson no any questions from the public hearing none all those in favor signify by saying i i e resolution 08 2024 designation of applicants agent motion to approve I'll second got a motion and second Mr Johnson each year FEMA and KY EMA require the Fiscal Court name an applicant agent that will sign and submit applications for any grant funding from federal Disaster Assistance through FEMA and the Disaster Relief act I have completed the required training and served as the afcan agent for roughly nine years and can continue to

  • 4:56

    do so it should be noted this is for applications for fun only nothing I would sign would encumber the court in any way all Grant Awards pursued by AMA would come to Fiscal Court for approval and review I would recommend approval any questions for Mr Johnson no any questions from the public hearing none all those in favor signifi by saying I I F second reading of KOC a. 104.2 2024 04224 budget amendment number two motion to approved second got a motion in second Mr Johnson first reading was held in Fiscal Court session 411 of 24 the state approved as to form and classification number 417 of 24 and this will be the second reading and adoption this is to amend the budget to reflect a FEMA Hazard mitigation Grant in the amount of $60,000 for the grad risk assessment add-on I would recommend approval any questions for Mr Johnson no any questions from the public hearing none all those in favor say by saying i i g second reading of KC 921 683 2024

  • 6:10

    03224 an ordinance amending a zoning classification set forth in the County zoning ordinance of February 5th of 2004 motion to approve I'll second got a motion second Mr burlein yes sir uh we read the first reading of this at our last Fiscal Court meeting not the special meeting but uh the one before that and I'm going to uh read the whereas Clauses whereas the Owensboro Metropolitan Planning Commission met in regular session in Owensboro Kentucky on February 8th 20124 to consider an application filed by William keegle Family LLC for a rezoning classification Amendment from Au Urban agricultural to be for General business for a 6.8 to6 acre tract located 1324 Worthington Road and whereas after hearing the evidence presented the Owensboro Metropolitan Planning Commission made findings a fact and conclusions and recommended approval of the zoning classification amendment to B4 General business a copy of the transcript of those proceedings is attached to the ordinance and whereas within the time allowed by law eight agree parties each filed a request with

  • 7:24

    the planning office for the Fiscal Court to consider the Owensboro Metropolitan Planning Commission recommendation and whereas the official transcript of the proceedings at the meeting including the evidence presented the findings of fact and conclusions and recommendations of the Owensboro Metropolitan Planning Commission have been filed and considered by the Davis County Fiscal Court uh now therefore be it ordained by the Fiscal Court of the county of Davis as follows and it and it accepts those findings a fact uh with the exception of uh seven conditions that Fiscal Court has added I don't think it's substantially Alters the first uh ordinance that we read two weeks ago uh judge did you want me to read those well I think I think the way this actually should work is is that this would be um just just for the public the way we've done these in the past the way Fiscal Court has done it the first the first reading is when we when we essentially review the record that Planning and Zoning uh presents to us we had an opportunity to ask questions and then the the folks that were here that had spoken at the uh plan zoning meeting

  • 8:39

    were given an opportunity to speak and so actually the these would have to be introduced as a motion uh a mo it's got to get a motion in a second so uh Commissioners is there anyone that wishes to speak to um this this uh ordinance yes I would like to make the uh additional conditions uh to the actual ordinance second do they need to be read read John you want to read them now then I don't mind reading them that's fine I think they should be read into the record I can go through it pretty quick uh so these are the proposed conditions which which has been uh and these four these are the four new ones is all I think you need to read because the others were read the first time so the four the four new ones were which we just they just made a motion in seconded are are as follows uh the applicant shall install and maintain Lighting in a manner to ensure it will not ad adversely impact the adjoining neighborhood of Worthington road traffic excuse me the adjoining neighborhood or Worthington road traffic as determined by the Davis County property maintenance code