Mason County Fiscal Court Regular Session December 15, 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 McKay and seconded by Commissioner Finn to approve the minutes of the November 10, 2009 meeting as presented.
Upon request by Mason County Clerk, Frances Cotterill, motion was made by Commissioner McKay and seconded by Commissioner Finn to approve $234,500.00 for deputies’ salaries for calendar year 2010.
Motion by Commissioner McKay and seconded by Commissioner Finn to accept the County Clerk’s budget for calendar year 2010 as a whole and attached hereto.
Judge Gallenstein announced that he was notified that Henry Mattingly, Owner of DARS, Inc. (the company that we have contracted with for livestock removal) had been killed in an automobile accident and that the future of that contract was in question. He stated that he would keep the Court advised of any subsequent changes.
Motion by Commissioner Finn and seconded by Commissioner McKay to accept the Road Department Report as presented.
Upon request by Mason County Sheriff, Patrick Boggs, motion was made by Commissioner McKay and seconded by Commissioner Finn to approve $509,632.42 for deputies’ salaries for calendar year 2010.
Motion by Commissioner McKay and seconded by Commissioner Tumey to accept the Monthly Tax Disbursements in the amount of $6,925,732.64 for November, 2009 as submitted by Sheriff Patrick Boggs.
County Attorney Estill provided an update regarding the Cooksey Brothers Landfill lawsuit. In 2004, under the authority of Kentucky’s Tire Amnesty Program, Mason County utilized the Cooksey Brothers Landfill to dispose of two loads of tires. That landfill subsequently caught fire and required cleanup. Therefore, Mason County has been named as a “Potentially Responsible Party” in an Environmental Protection Agency Superfund Cost Recovery Action against the Cooksey Brothers Landfill. Mr. Estill is of the opinion that Mason County’s liability will be comparatively small due to the large number of other “potentially responsible parties” also named in the suit. Mr. Estill will attend a meeting of all parties on January 6, 2010 and will advise the Court as to remediation.
County Attorney Estill further notified the Court that a mid-March, 2010 trial date has been set in the David Emmons’ lawsuit regarding his downed livestock operation located on Stonelick Road.
Motion by Commissioner McKay and seconded by Commissioner Tumey to authorize Judge/Executive Gallenstein to sign a Second Addendum to the Agreement for Disposal Services with Dayton, Power and Light (DP & L) addressing a change in disposal fees.
Motion by Commissioner Finn and seconded by Commissioner Tumey to accept the Financial Statements as presented by the County Treasurer as of November, 2009.
1. FACES of Coal – Resolution 09-23 Motion by Commissioner Finn and seconded by Commissioner McKay to approve Resolution 09-23 in support of the Federation for American Coal, Energy and Security.
2. Board Appointments Motion by Commissioner McKay and seconded by Commissioner Tumey to approve the reappointment of Mrs. Martha Pawsat to a four year term (retroactive to October, 2009) on the Mason County Board of Adjustment. This term will expire in October, 2013.
Motion by Commissioner McKay and seconded by Commissioner Finn to approve the reappointment of Mr. John Thomas to a four year term on the board of the Western Lewis Rectorville Water and Gas District. This term will expire in January, 2014.
3. On this date, Mason County Fiscal Court held 1st reading of Ordinance 10-01 requiring mandatory connection for all property owners within 300 feet of a road or right-of-way containing a sewage collection system; and otherwise amending Ordinance 03-04.
There being no further business, motion was made by Commissioner McKay and seconded by Commissioner Finn to adjourn the December 15, 2009 meeting of the Mason County Fiscal Court.
