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Minutes - November 10, 2009
By: Amy Asher, Deputy Judge/Executive & Fiscal Court Clerk
Submitted: 11/10/2009

Mason County Fiscal Court
Special Session
November 10, 2009
9:00 a.m.


The meeting was called to Order by Judge/Executive James L. “Buddy” Gallenstein. Present were Commissioner Donald Tumey (District 3), Commissioner F. J. “Bear” Finn (District 2), Commissioner Patrick McKay IV (District 1), Sheriff Patrick Boggs, County Treasurer Kim Muse, County Attorney John F. Estill, and Assistant County Attorney, Jackie Wright. Media from The Ledger Independent and WFTM were also in attendance.

Motion by Commissioner Tumey and seconded by Commissioner Finn to approve the minutes of the October 13, 2009 regular meeting as presented.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Road Department

Motion by Commissioner McKay and seconded by Commissioner Tumey to accept the Road Department Report as presented.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

On this date, Mason County Fiscal Court held 2nd Reading of Ordinance 09-05 enabling the Office of the Mason County Judge/Executive to establish and declare various levels of snow emergencies, the conditions constituting such levels along with advisory announcements for media and setting forth fines for violation of certain provisions of such ordinance. The levels shall be as follows:

Level ONE
Conditions: Roadways are hazardous with blowing and/or drifting snow and roadways may be icy. Advisory: Cautious driving is advised.

Level TWO
Conditions: Roadways are hazardous with blowing and drifting snow and roadways may be icy. Advisory: Only motorists whose travel is necessary should be on the roadways. Residents are urged to contact their employer to see if they should report to work.


Level THREE
Conditions: All roadways are restricted to emergency personnel use only for travel to work, for delivery of medical supplies, medical treatment and snow removal operations. Advisory: Essential travel only is advised. Violators are subject to prosecution. Residents are strongly urged to contact their employers concerning work schedules.

Sheriff

Motion by Commissioner McKay and seconded by Commissioner Tumey to accept the Monthly Tax Disbursements in the amount of $1,764,033.67 for October, 2009 as submitted by Sheriff Patrick Boggs.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Sheriff Boggs submitted the attached October, 2009 Monthly Vehicle Reports for review.

Landfill Report

Motion by Commissioner Finn and seconded by Commissioner McKay to accept the October, 2009 Landfill Report as presented by Todd Leonard, Landfill Manager.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

Motion by Commissioner McKay and seconded by Commissioner Tumey to approve the Facility Designation Contract between Mason County Fiscal Court and the Adams / Clermont Solid Waste Management District.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

Motion by Commissioner McKay and seconded by Commissioner Tumey to approve the Addendum to the Dayton Power & Light agreement which addresses the anticipated closure cost in the amount of $1,070,000 of the landfill cell designated for the disposal of DP & L’s flue gas desulfurization waste products.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

Recycling Center Report

Motion by Commissioner Finn and seconded by Commissioner McKay to accept the October, 2009 Recycling Report as presented.

Commissioner Tumey - Yes
Commissioner Finn – Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

Detention Center Report

Jailer Curtis advised the Court of new life skills programs that have been instituted at the Detention Center to rehabilitate male and female inmates.

Motion by Commissioner Finn and seconded by Commissioner McKay to accept the October, 2009 Detention Center Report as presented by Jailer Gerald Curtis.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Motion by Commissioner Finn and seconded by Commissioner McKay to authorize Judge/Executive Gallenstein to enter into a one-year service agreement with Digitech Services, Inc. for Jailtracker Software for a fee of $4,597.00.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Animal Shelter

Motion by Commissioner McKay and seconded by Commissioner Tumey to accept the Animal Shelter report as presented and attached hereto.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes

Building & Construction

There was no Building and Construction Report submitted for this month.

County Treasurer

Motion by Commissioner Finn and seconded by Commissioner McKay to authorize budget transfers in the amount of $11,500.00. Exhibit attached.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Motion by Commissioner Tumey and seconded by Commissioner Finn to approve the Financial Statement for Fiscal Year 2009-10 as of October 31, 2009.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

Motion by Commissioner Tumey and seconded by Commissioner Finn to pay claims, plus the additional claims, as presented.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein – Yes

Motion by Commissioner Finn and seconded by Commissioner Tumey to pay Limestone Produce in the amount of $238.50.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay – Abstained, due to a conflict of interest.
Judge/Executive Gallenstein - Yes

Motion by Commissioner Finn and seconded by Commissioner McKay to approve Order 09-08 to transfer $150,000 from General Fund to Jail Fund and $104,000 from Federal Fund to General Fund as needed.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

New Business

1. Matt Wallingford, Zoning Administrator, appeared before the Court to request support for the submittal of a joint application between the City of Maysville and Mason County Fiscal Court to obtain Bicycle Friendly Community status.

Motion by Commissioner McKay and seconded by Commissioner Finn to formulate a resolution to be passed at the next meeting of the Mason Fiscal Court in support of a joint application between the City of Maysville and Mason County Fiscal Court.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

2. US Department of Housing & Urban Development Grant
Judge Gallenstein advised Court members that Mason County Fiscal Court has received a US Housing & Urban Development Grant in the amount of $95,000 for the completion of the May’s Lick Community Center.

Motion by Commissioner Finn and seconded by Commissioner McKay to authorize Judge/Executive Gallenstein to sign the Grant Agreement and all necessary documentation relating thereto.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

3. May’s Lick Petition for No-Passing Zone
The residents of May’s Lick have submitted a petition with 276 signatures requesting that the North and South bound lanes of U.S. 68 be made a “No Passing Zone” in front of the May’s Lick Mill.

Motion by Commissioner Finn and seconded by Commissioner McKay to support this request and to forward it on to the Kentucky Department of Highways for consideration.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

4. TENCO Interlocal Agreement
Motion by Commissioner McKay and seconded by Commissioner Finn to authorize Judge/Executive Gallenstein to re-enter in to an Interlocal Cooperative Agreement with Bath, Boyd, Bracken, Fleming, Greenup, Lewis, Montgomery, Robertson and Rowan Counties to continue participation in the TENCO Workforce Investment Area and the Workforce Investment Board.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Absent
Judge/Executive Gallenstein – Yes

5. Western Mason Sanitation District
Judge Gallenstein advised the Court that effective, October 14, 2009, Donald Sargent resigned from the Western Mason Sanitation District. Judge Gallenstein commended Mr. Sargent for his willingness to serve in this capacity and further conveyed appreciation for Mr. Sargent’s dedication.

Other Business

1. Steve Klump d/b/a Mason County Auto Sales Litigation
County Attorney John Estill provided an update to the litigation between Mason County Fiscal Court and Steve Klump regarding the operation of Mason County Auto Sales. Mr. Estill advised that an agreement had been negotiated allowing certain concessions regarding Mr. Klump’s operation and although the agreement was not perfect, it provided the most workable solution for all involved.

There being no further business, motion was made by Commissioner Finn and seconded by Commissioner Tumey to adjourn the November 10, 2009 meeting of the Mason County Fiscal Court.

Commissioner Tumey - Yes
Commissioner Finn - Yes
Commissioner McKay - Yes
Judge/Executive Gallenstein - Yes


Source: Mason County Fiscal Court

Category: Fiscal Court Meeting Minutes

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