Meeting of June 13, 2023

good looking people here today it's good to see all of you um yeah so good afternoon and welcome um so a special welcome to all of our elected officials always good to see the mayor of a northern region of our County and that that part of the it's still in our County right where are you West points and Hardy County gotcha okay so um and just welcome to all the department heads of course all the citizens that are here and and interested in our our County government and services so thank you all for being here today just another quick note on cell phones if you could just check those real quick and just for your sake of embarrassment maybe go ahead and turn those off or vibrate thank you so this is the June 13 2023 Hardin County Fiscal Court regular voting meeting so let's begin and call this meeting to order and we're going to go ahead with the roll call Spire Clem here Squire Hicks

here Squire Muse Squire Pennington here Squire Saltzman here Squire Thompson here Squire Whitehead here Square Yates here judge tall here all right we're going to have the invocation by Magister Larry Hicks in the Pledge of Allegiance by magistrate Aaron Pennington so let's stand thank you for this day we just thank you for the country that we live in we thank you for Hardin County we just asked for blessings upon this country there's so much going on right now and you know all about it I just asked you just bless Hardin County bless Kentucky bless the United States of America and please look over all the little children around the world there's so many of them getting mistreated I'm just pregnant you just walked over them take care of them we ask this in Jesus name amen amen all right so just a few opening comments

again thanks everyone for for joining us today and participating uh just a quick review of the agenda we have a few differences I guess today we'll start out here in just a moment for a public hearing on a cemetery relocation we'll cover vote on the minutes from the last meeting we have some an informational item from our Highway Department then we have some department and office reports Department reports I guess from Animal Control and Emergency Management some written reports we have some time for some comments from our citizens that are here we'll have one important two two really important things to vote on today one is the second reading of the budget ordinance and the other item are we'll be looking at some resolutions that relate to our committee functions after that we have our consent agenda that I'll cover fairly briefly and then

just our closing comments after that okay so that's our agenda today um okay so let's um I'm going to go ahead and turn it over to our County attorney Jenny Oldham to conduct a public hearing on Hutcherson Lane Cemetery relocation thank you judge Mr Sheffield if you want to come on up um and I think this is the first time this court has done a cemetery relocation hearing so I'll just put a little information on the record Kara's 381 755 allows a property owner to request permission from Fiscal Court to remove and relocate remains if they have what they believe is an abandoned grave site on their property and so the current owner of property at 426 Hutcherson Lane which is Shamrock properties has made that request they filed public notice um and publish that in the news Enterprise on April 14th and so now we are more than 60 days from that notice I'm here to have a hearing to determine whether the grades are abandoned and whether the Fiscal Court can give permission for those to be relocated appropriately so Mr shufelt if you'll introduce yourself

and there's some information you want to put on the record yes my name is Richard shufeld I'm an attorney mosquitoes Bennett Wilson Humphrey I was retained by Phillipsburg construction and Shamrock property LLC upon the cycle termination of determining that they were going to go forward with construction obviously that there were unmarked unknown Graves located on the property we do have an affidavit that will go into shortly about the history of that grave and the unknown nature of those Brave sites and our request is to move them on a location within the property so there's no need to go transport across any roads in the county lines it's just purely being moved on a different site within the property um and so I've given the Court members a copy of the April 13th letter from Ellen Weinstein the member of Shamrock Properties LLC um where it explained when they obtained the property and what it is they're asking to read and then if you will you should have a second page which is an affidavit that'll go into the record from Steve Mauser who is the prior owner

of the property and as you can see um Mr Mauser owned the property for for approximately 15 years until September 15 2022 and during those 15 years he was aware of a burial site there but to his knowledge there was never any visitation or upbeat request to visit or any maintenance of those grades and then the other things that I've provided were the public notice Enterprise on April 14th and where the property owner paid for that um and so to let you know there's a presumption in the law that if a cemetery has not been tended for at least 10 years and it's presumed to be abandoned the 60-day notice is to allow the public to come in and provide additional information if they believe it's not abandoned or if they have more information about um who or what is buried there or where it should be relocated and so Mr she's about to your knowledge no one has contacted the property owners or U.S Council our firm is not received any information and I did follow up with both Philips Brothers no comments no notice to them of any information that would be enlightening

on the subject and is there anyone else either on the property owner or um people who are transferring relocating here that wants to speak on this that you're aware of okay is there any member of the public um who has additional information again this is at 426 Hutcherson Lane um who wants to be heard on this matter do the physical Court members have questions of Mr shufelt um or anything that I can answer okay thank you for being here um I'm going to introduce these four documents that the Court members have into the record I'm going to pass those over to the clerk um if we can just make that a part of the record and it's going to be my recommendation that we approve resolution 2023 number 125 because I think it has been established by the affidavit that the mousers owned the property for more than 10 years and that no one intended to the grave and that it was therefore abandoned and we've had no one appear with additional information or with a relocation alternative and there are statutes that will then prescribe how this is to be relocated

um and so I would request a motion to approve resolution 2023 125. still move second okay there's been a motion in a second any discussion hearing none protocol Square Clem yes Squire Hicks yes Squire Pennington yes Squire Saltzman yes Squire Thompson yes Square Whitehead yes Square Yates yes judge tall yes motion passes and we'll get you a copy of that word okay next on the agenda is to approve the Hardin County Fiscal Court 5 23 20 23 minutes is there a motion to approve so second second any discussion hearing none roll call Squire Clem yes Squire Hicks yes Square Pennington yes Squire Saltzman yes Square Thompson yes Square Whitehead yes Square Yates yes judge tall yes motion passes all right how about some information today from our Highway Department the