Fiscal Court - Regular Meeting

Okay, Commissioner Collins, would you lead us in prayer, please?

Dear Heavenly Father, Lord, we thank you for this day, Lord, and we thank you for what this holiday, this weekend. represents, and we thank you so much for our freedom and what that means to each and every one of us, Lord. Just be with all of our county employees, our first responders that are out there this weekend, Lord. We just lift them up to you. It's extremely warm out there, and we know that they'll be suffering at times, Lord, and we just thank you so much for each and every one of them. Lord, we also mention this morning the loss of one of our own, former county commissioner, Richie Galloway and his family. We lift them up to you in Graves County this week, this weekend, as they lay him to rest. Lord, we just love you. We thank you for all your many, many blessings. And we pray all these blessings in your name. Amen. Amen.

We call this Marsh County Fiscal Court special called meeting to order July 2nd, 2026. Our first item of business. I need a motion to approve the minutes from June 22nd and June 20th special called meetings and June 22nd public hearing.

So moved. Second.

Motion and second. Any discussion? All those in favor? Aye. Any opposed? Motion carries. New business, LARP agreement and resolution. We got some great news. We are gonna be awarded that and I'll let Roy talk briefly on that, what we're gonna be able to do with that and go from there.

So we was awarded a LARP program that Nicole applied for and we was awarded $413,000 for paving. So we're gonna be paving Big Bear Highway helps us out we did have that uh set for our flex money so we're going to get to pave another road for using our flex money so it's a big big thing for big bear highway when will you start the big bear highway project so what we've done went and trimmed the trees and it's all prepared and then once this is signed here we have to send that to uh emily hatfield i blink believe it is And then she'll send it back and it'll be fully executed then.

Then we can start.

And then I'll schedule with Smith Pavin.

Appreciate Nicole and Roy's work on these things. This is not something they just automatically obviously send us some money. Uh, we try to try to stay on top of these things, apply for them. And then, uh, Nicole is really good at following through and keeping me posted when the deadlines come and go and let me know if we get awarded anything or not or how, how all that's looking. So there's some other things we've applied for a bridge program, hopefully, That'll come through for us. Anyway, appreciate all their hard work. Absolutely. Thank you. I need a motion to approve and sign. So moved. Second. Motion second. Any discussion? All those in favor? Aye. Any opposed? Motion carries. Mr. Kirtner, Coast Guard grant.

I touched briefly on this the other day at the fiscal court meeting. FEMA's opened up the port security grant through the Coast Guard. So with you guys' blessing, I'm going to pursue trying to get one of these underwater drones with the grabber arm. I've got two different models. And I'm on a really bad timetable to try to get that in, because they only give you like 30 days from start to finish on these grants. So I'm going to do the best I can to try to get it pushed through. Hopefully we might be awarded that grant. It would be a great tool for this area.

Appreciate it. Thank you. Right now, Kirk, correct me if I'm wrong, but the only one, there's a Christian organization that comes in in times of need that has one, but there's not one in any of the surrounding counties in western Kentucky, correct?

That's correct. The one that we utilize, the one that we're available, comes out of Tennessee.

And we constantly, our rescue squad does mutual aid for any of the surrounding counties in need. And I think we're positioned to hopefully get that, be a great asset to the squad. But thank you for staying on top of that. Thank you. Need a motion to apply and sign for the grant. So moved. Motion second. Any discussion? All those in favor? Aye. Any opposed? Motion carries. I don't think we need any action on this, do we, Jason? Speed limit, Matt and Roy, to just go out and review the road. There's no current established speed limit on Harbortown Road. Appoint them viewers. Appoint your viewers. Okay. So a motion to appoint Roy and Matt to review Harbortown Road to come back with a recommendation on establishing a speed limit. There's currently not one on that.

So moved.

Second. Motion second. Any discussion?

Yeah, I went up there and looked at it. It's a little short road, but I had somebody contact me that lived on the road about it, so... I think we probably need to put – I know it's all them little roads up there. None of them's got a speed limit on them.

Yeah, I think the road's just 686 foot long.

Yeah, yeah, just maybe three houses. King Creek. Turn right after King Creek and go up there.

Okay. All those in favor? Aye. Any opposed? Second. Thank you. Motion carries. I'm going to have to get me a motion and a second.

You can carry that one for next time. Second aye. Okay. You've got to quit having these pauses between you.

It'll be pretty good until somebody starts interacting. That's good. It's all Monty's fault. I get sidetracked. Anyway, thank you all. Motion carries. The next item, ordinance... 20-26-05 budget amendment, first reading. Erica?

Okay, this looks a little bit different than the one on your drive because I added the $413,000 for the LARP funds. So I'll fix the one on your drive after I do this first reading. Ordinance 2026-05, an ordinance relating to the annual budget and amendment thereof, whereas the County of Marshall has received additional funds, now be it ordained by the Fiscal Court of Marshall County that Section 1, the annual budget for fiscal year 2026-2027, is amended to increase the following revenue accounts. State grant, $79,000. Grant fund cash balance, July 1st, $733,460.56. General fund cash balance, July 1st, $27,829.15. Road Grant, $413,000 for a total increase of revenue accounts of $1,253,289.71. B, increase following expenditure accounts. Park Crumb River Grant Project, $79,000. Bryant Road FEMA Project, $733,460.56. Aurora Packaging Plants, $27,829.15. Paving, $413,000. For a total increase of expenditure accounts, $1,253,289.71. Section 2, the amounts added to the revenue and expenditure accounts in Section 1 are for governmental purposes. Approved by the Marsh County Fiscal Court on the second day of July, 2026.

Thank you. She mentioned the crumb rubber grant. We have received that. One thing, Brian Harper, park director, for working on that with Josh Wagner from Miracle Playgrounds. That was a very pleasant surprise on that for $79,000 to go towards that project. So we do have the funds in the account already so very excited about that and the playground is coming along i mean that's looking fabulous so uh should be nearing completion here pretty soon meeting with josh over there uh next week and hopefully get that thing wrapped up sooner rather than later

You mentioned, I know the package plan is in there too. What's the, you got an update?

We're waiting on approval from the state on that. Everything's been submitted, so we're just waiting on them to approve that. Then it'll go out to bid and go from there. and patiently waiting on them, and the engineer said it could take quite some time for them to get everything approved.

You said you've been patiently waiting on them?

Trying.

Didn't I say trying? He didn't wait. Just checking. I didn't know if that's in the minutes or not. Yeah. Okay. Anyway, yeah.

Did you get patient in the meeting?

It's in the minutes. It's on the video.

She knew better. He's got it. I never said I was patient, Commissioner Collins. Okay. Ordinance 202606, amendment to the admin code. Mr. Pagel, first reading.

All right. Edge of your seat stuff here. Marsh County, Kentucky, ordinance number 202606, amendment to ordinance number 202409, an ordinance related to the administrative code and amendment thereof, Whereas the County of Marshall adopted an administrative code by Marshall County on July 21st, 2016, whereas it was determined that certain provisions should be amended and or deleted to the code, now therefore be it ordained by the Fiscal Court of Marshall County that the following amendments are made to the administrative code of Marshall County. Amending section 5.1 definitions. Where used within these personal rules, the following words and terms shall have the meaning indicated below. Allocation, the assignment of an individual position to a specific class of work based on the kind, difficulty, skill, and responsibility of the work performed. Appointing authority, that person or body having authority under the laws of the Commonwealth of Kentucky to make appointments to positions. This shall include the county judge and any elected official operating under this policy. Appointment. The act of appointing authority by which a position is filled. County employees. Those employees supervised by their appointing authority. The motion. Changing one employee from one class of work to a different class of work at a lower pay grade. Elected official. Any elected official holding one of the constitutional county offices. Performance rating. An appraisal or evaluation of an employee's work performance. Position. an individual job within the county's personnel system. Position description, a detailed written description of the specified duties assigned to and performed by a particular employee. Termination, the dismissal of an employee. Layoffs, the voluntary separation of an employee from his or her position and class due to reduction in workforce. Resignation, the voluntary termination of employment by an employee. Retirement, determination of employment and transfer to retired status of an employee. Earned paid leave, any paid time off earned according to hours worked. Exempt employee, and here's where some changes will be. Those who are not granted the position of the Fair Labor Standards Act and are not entitled to overtime pay or pay for compensatory time earned, compensatory time adding for exempt employees shall, striking have no cap, but, and adding, be earned on an hour-for-hour basis only, shall be capped at a maximum of 200 hours per exempt employee, and striking will, and adding, shall have no monetary value upon employment separation. These positions deemed as exempt are Deputy Judge Executive, E91 Director, Parks Director, Treasurer, Assistant Treasurer, Road Superintendent, Road Supervisor One, Striking Road Supervisor Two, GIS IT Director, Emergency Management Director, Striking Facilities Maintenance Supervisor, Chief Deputy Jailor and Jail Nurse. Adding, absent an emergency or an urgent need to report for work duties, current employees who are over the 200 hour cap at the time of this amendment shall take immediate steps to reduce his or her compensatory time below the cap by taking a minimum of two days per month until his or her balance falls below the cap. Final definition, non-exempt employee, those who must be paid the minimum wage and overtime pay or compensatory time for any hour worked beyond 40 hours in a given week, according to FLSA. All right, amending section 5.35, Kentucky Retirement System, County Employees Retirement Program. employees who averaged 100 hours or more worked per month on an annual basis are currently participating in the Kentucky retirement system must participate in the county's retirement plan retirement plan participation and benefits shall be governed by state statutes and administrative regulations promulgated by the state and retirement system the county reserves the right to permit immediate enrollment into the county's retirement plan adding All employees shall give written notice to the county judge and or his or her elected official supervisor regarding his or her intent to retire at least 90 days in advance of the contemplated retirement date. Absent good cause shown, failure to give notice may result in a negative write-up in the employee's personnel file. Amending section 5.36, employee relation provisions, training and career development. The county may permit or direct the attendance of employees at meetings, conferences, workshops, or seminars intended to improve the knowledge, abilities, and skills of county employees. The department head may release an employee from their regular duties during the workdays to attend classes at a recognized institution of learning if, in the department head's judgment, such classes contribute favorably to the county's goals and objectives and the career development of the employees. I'm going to add part A, the treasurer and assistant treasurer may be paid an additional incentive once per calendar year for each 40-hour training unit successfully completed based on continuing service in that office up to four incentive payments per calendar year. Each annual incentive payment shall be based on the Department of Local Government's annual rate used for elected official training incentive adjusted by DLG yearly for Consumer Price Index. Training hours can be accumulated for any training relevant to official duties offered by a variety of agencies, professional associations, and private vendors. The treasurer and assistant treasurer will provide training documentation to the fiscal court once 40 hours of training in a calendar year are achieved for approval and payment. Section 5, amending Section 5.51, which is expense reimbursements. Subject to budgetary limitations, any employee or any officer or employee of the county incurring expenses for pre-approved travel on behalf of the county shall be reimbursed for allowable out-of-county travel expenses as follows. One, lodging costs. Reimbursement for actual amount on the receipt, conference rate. Non-conference rates shall require prior approval. Two, meal costs. Striking consistent with the General Services Administration and adding reimbursable based on a per diem as may set from time to time by Marsh County Fiscal Court. Number three, travel. The county offers a corporate rental program through Enterprise Hertz and county-owned vehicles for travel. These methods are preferred. Department heads and or the appointing authority may offer to pay mileage at the federal government rate to use a personal vehicle if it is deemed more cost effective. Alternatively, the employee may drive his or her own vehicle and receive mileage at the federal rate for miles traveled at the discretion of the department head. airfare, lowest coach fare, county judge or appointing authority approval required. Number five, other expenses, tolls, parking and similar expenses. Expenses may be or shall be necessary and reasonable. The county will not reimburse any expenses relating to the consumption of alcohol or tips. And six, higher reimbursement rates may be authorized due to travel site, i.e. high rate areas. Federal government regulations shall be utilized for guidance. and amending the drug-free workplace policy. And what this does is fix what I messed up on the last admin code. So section two in the definitions, taking straight from the drug-free workplace policy, a drug means a controlled substance as defined by KRS-218A.10, striking six, adding 10, and as established in 902 KAR Chapter 55, including amphetamines, cannabinoids, THC, cocaine, opiates, phencyclidine, benzodiazepines, proproxyphene, methoqualone, methadone, barbiturates, synthetic narcotics, illicit substances, striking as defined by KRS 351.10. And volatile substances as defined by KRS 217.901. And a list of drugs being tested at section five. Drugs, a striking 16 panel, just leaving a urine test, shall be conducted and shall include analysis for the following substances. When striking amphetamine, barbiturates, benzodiazepines, cocaine, methamphetamine, methadone, opiate slash morphine, oxycodone, phencyclidine, marijuana, THC, buprenorphine, ecstasy, alcohol, fentanyl, trazodone, synthetic THC, and narcotics, and replacing that list with this list. Amphetamines, barbiturates, spizodiazepines, cocaine metabolites, marijuana metabolites, methadone, MDA, analogs, opiates, opiates, semi-synthetic, 6-acetylmorphine, oxycodone, fincyclidine, proproxyphene, and fentanyls. That's the first reading of this ordinance, July 2nd, 2026.

Thank you, Andy. Next item, a motion to approve the training incentive for Commissioner McGuire.

So moved.

Second. Motion second. Any discussion? All those in favor? Aye. Any opposed? Motion carries. Treasurer's report.

The treasurer's report on your drive is for the month of May, and that does not go to the state. It's just for your all's approval.

Need a motion to accept the treasurer's report. So moved.

Second.

Motion second. Any discussion? All those in favor? Aye. Any opposed? Motion carries. Transfers?

I just have a transient tax transfer. It is $49,912.87.

for the transient tax transfer? So moved. Second. Second. Any discussion?

Does that go on last? Or it'll go on this? It'll go on this current year. This budget, right? Oh, yes, and on this budget. Even though it, okay.

All those in favor? Aye. Any opposed? Motion carries. Is that it on the transfers?

Yes.

Okay. Very good. I need a motion to pay the bills. Pay the bills. Second. Motion to second. Any discussion on the bills? Not. All those in favor? Aye. Any opposed? Motion carries. Before we do adjourn, we're having a ceremony out here at 10 on the tree, so if you all can attend that. I need a motion to adjourn.

So moved.

Second. Second. All those in favor? Aye. Any opposed?

Motion carries.