Judge Gary
W. Moore call to order the meeting of the Boone County Fiscal
Court.
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Present: |
Gary W. Moore, County Judge/Executive |
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Cathy H. Flaig, Commissioner, District 1 |
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Rob Arnold, Commissioner, District 2 |
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Robert Hay, Commissioner, District 3 |
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Larry J. Crigler, County Attorney |
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C. J. Victor, Assistant County Attorney |
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Captain Michael Hall, Police Department |
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Staff: |
Melanie Morris, Executive Assistant |
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James E. Parsons, County Administrator/Deputy Judge-Executive |
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Harvey Pelley, Director of Public Works |
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Carol Rudicill, Fiscal Court Clerk |
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John Stanton, Deputy County Administrator |
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| ITEM
II. |
ORDINANCES
& RESOLUTIONS
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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:
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Jennifer Gray |
Eugene Dunn |
Glenn Schmitt |
Bill Kratz |
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Richard A. Jones |
Dr. Willliam Nielson |
Steve Davidson |
Jay Moore |
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Linda Barton |
David Crigler |
Mike Zovath |
Mitch Pennington |
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Pastor Ron Stinson |
Charles Wagner |
Skip Tilton |
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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:
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Debbie Cummins |
George Wiechers |
Jim Cummins |
Dana Kisor |
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Vanessa Wiechers |
Tom Roberts |
Thomas Payne |
William Moore |
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David Merrell |
Shiela Merrell |
Jennifer Warner |
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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 located along 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"
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:
