Boone County Fiscal Court Minutes - May 6, 1999


Item I.

Call to Order

Judge Gary W. Moore call to order the meeting of the Boone County Fiscal Court.

Present: Gary W. Moore, County Judge/Executive
Cathy H. Flaig, Commissioner, District 1
Rob Arnold, Commissioner, District 2
Robert Hay, Commissioner, District 3
Larry J. Crigler, County Attorney
C. J. Victor, Assistant County Attorney
Captain Michael Hall, Police Department
Staff: Melanie Morris, Executive Assistant
James E. Parsons, County Administrator/Deputy Judge-Executive
Harvey Pelley, blockquoteector of Public Works
Carol Rudicill, Fiscal Court Clerk
John Stanton, Deputy County Administrator

Item II.

Ordinances & Resolutions

Answers in Genesis

Ordinance No. 99-10

Judge Moore requested the Fiscal Court Clerk to read a summary of the ordinance regarding the request of Answers In Genesis (AIG). Judge Moore then advised that arguments will be received from Attorney Jay Fossett, representing property owners in the area in question, and Attorney Tim Thiessen, representing AIG. Judge Moore further advised that comments will be received from individuals present who wish to address the Court concerning this matter.

Judge Moore stated that all comments should be related to land use only, and if an individual steps outside that guideline, they will be asked to refrain from any further comment other than the land use.

Attorney Fossett stated the Public Facilities zoning is not in compliance with the Comprehensive Plan and is not appropriate for the area in question, citing traffic concerns and lack of infrastructure. Attorney Fossett said there have been no changes in the area to justify the zone change. Mr. Fossett noted the Comprehensive Plan states that any future growth shall be accompanied by appropriate infrastructure. Attorney Fossett requested that Commissioner Hay not vote on this matter as he does not feel Mr. Hay can be impartial in his judgement on this issue. Attorney Fossett said it is his understanding that Commissioner Hay has already lobbied residents in the area to support the proposed zone change. Attorney Fossett challenged the court to put their political and religions views aside and base their vote on the land use issue only. Mr. Fossett urged the court to uphold the Boone County Planning Commission’s recommendation for denial of the Public Facilities zone change.

Commissioner Hay stated this is not a judicial court, but rather a legislative court and he finds no legal or legal reason to recuse himself from voting on this issue. Commissioner Hay noted that he himself has been lobbied many times and believes this is called democracy.

Attorney Thiessen gave a brief overview of the AIG request and stated that while the Planning Commission itself had recommended denial, the Committee which had work more intimately with the project had recommended approval. Attorney Thiessen said he simply sees this as a difference in viewpoints, but feels the recommendation of approval by the Committee should stand, since they worked more closely with the proposed project. Attorney Thiessen encouraged the Fiscal Court to approve the requested zone change, stating the Public Facilities zoning is appropriate for the area in question as it is in compliance with the Comprehensive Plan.

Both attorneys cited KRS 100.213 as the basis for their recommendation.

Individuals present in the audience who addressed the Court in favor of the proposed zone change are as follows:

Jennifer Gray Eugene Dunn Glenn Schmitt Bill Kratz
Richard A. Jones Dr. Willliam Nielson Steve Davidson Jay Moore
Linda Barton David Crigler Mike Zovath Mitch Pennington
Pastor Ron Stinson Charles Wagner Skip Tilton

Individuals present in the audience who addressed the Court in opposition of the proposed zone change, citing lack of infrastructure and traffic concerns, are as follows:

Debbie Cummins George Wiechers Jim Cummins Dana Kisor
Vanessa Wiechers Tom Roberts Thomas Payne William Moore
David Merrell Shiela Merrell Jennifer Warner

Judge Moore declared the meeting in recess at 7:26 p.m. to allow for a fifteen minute break and reconvened the meeting at 7:45 p.m.

Several times throughout the meeting County Administrator James E. Parsons admonished both sides that the only issue at hand is the land use and all comments should be addressed accordingly.

Commissioner Arnold asked for clarification as to how the Public Facilities zoning request came about as previously, the proposed zoning request had been industrial. Attorney Thiessen advised that when the new Court came on board, he met with Kevin Costello, Jim Parsons, John Stanton, & Attorney Larry Crigler and it was the consensus of those present that a Public Facilities zoning might be better received by the residents in the area.

After a lengthy presentation of comments from individuals in the audience and a rebuttal from both attorneys, Commissioner Arnold moved, seconded by Commissioner Hay, to recess the meeting at 8:22 p.m. and to reconvene in approximately ten minutes, ALL PRESENT VOTING AYE.

Commissioners Arnold and Hay indicated they are in favor of the zone change and believe the Public Facilities zoning is appropriate and feel that it is inevitable businesses will seek to locate at the interchange in question.

Commissioner Flaig indicated that she is not in favor of the zone change as the infrastructure is not in place. She further stated if there is ever a fire, it will be a major catastrophe due to the lack of infrastructure.

Judge Moore indicated that he is in favor of the proposed zone change and feels that it will serve as a good transitional zone for the interchange as he feels it is inevitable that commercial will seek to locate at the exit.

Judge Moore then stated he will entertain a motion to vote if the Commissioners so choose.

Commissioner Arnold moved, seconded by Commissioner Hay, to vote on the issue at this meeting, ALL PRESENT VOTING AYE.

Commissioner Arnold subsequently moved, seconded by Commissioner Hay, to approve on Second reading Ordinance No. 99-10, an ordinance, and the conditions incorporated therein, of the Boone County Fiscal Court granting the request of Answers In Genesis (agent authorized by owner) for a Zoning Map Amendment, such Zoning Map Amendment being a zone change from Rural Suburban Estates (RSE) to Public Facilities (PF) on an approximate 47 acre site generally locatedalong the east side of Deck Lane and Bullittsburg Church Road and along the south side of I-275, Boone County, Kentucky. Judge Moore called for a vote of the motion, Commissioner Flaig voted NO, Commissioner Arnold voted YES, Commissioner Hay voted YES, and Judge Moore voted YES, motion carried. Exhibit “A”


Item II.

Adjournment

Commissioner Arnold moved, seconded by Commissioner Hay, to adjourn the meeting, ALL PRESENT VOTING AYE.

Clerk Certification

I, Carolyn A. Rudicill, having been appointed to the office of Fiscal Court Clerk, do hereby certify that this is a true and accurate record of the actions taken by the Boone County Fiscal Court at the Special Meeting of May 6, 1999.

Correction

Commissioner Arnold moved, seconded by Commissioner Hay, to approve the minutes of the Special Meeting held May 6, 1999, with the following corrections:

Page 2, Paragraph 10, should read as follows:

Commissioner Flaig indicated that she is not in favor of the zone change as the infrastructure is not in place. Commissioner Flaig indicated that eight (8) of the 10 (ten) core drillings on Bullittsburg Church Road failed according to the GEO Tech Report and she does not feel the road is adequate. Commissioner Flaig said she has walked Garrison Creek and does not believe it is a “blue line stream” as the water simply sits there and does not flow. She further stated if there is ever a fire, it will be a major catastrophe due to the lack of water suppression.

Page 1, Item II, Ordinances & Resolutions, Subsection Answers in Genesis, Paragraph 4, should read as follows:

    Commissioner Hay stated this is not a judicial court, but rather a legislative court and he finds no legal or ethical reason to recuse himself from voting on this issue. Commissioner Hay noted that he himself has been lobbied many times and believes this is called democracy.

    Judge Moore called for a vote on the motion, all present voting aye.

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