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(A) Name. The title of said Planning Commission shall be the Planning Commission of the county.
(B) Membership. The Planning Commission of the county shall be composed of the following:
(1) One member to be appointed by the Mayor of the City of Crab Orchard, with the approval of the City Commission of the City of Crab Orchard; not less than two of whom shall be citizen members;
(2) Six members to be appointed by the Judge/Executive of the county, with the approval of the Fiscal Court of the county, no less than three of whom shall be citizen members;
(3) The terms of each member, who is appointed because of his or her official connection with his or her appointing body shall, for his or her respective official tenure, and of the citizen members shall be four years and until their successors take office; except that the original terms of the citizen members shall be four years respectively for those citizen members appointed by the Mayor of the City of Crab Orchard and two and three years respectively for the citizen members appointed by the county; and
(4) One of the members appointed by the county shall reside within the boundaries of the Cedar Creek Watershed.
(C) Organization. The Commission shall elect, from among the citizens members, a Chairperson, Vice Chairperson, Secretary and Treasurer and any other officers which it deems necessary. In the absence of the Chairperson, the Vice Chairperson shall act and shall have all the powers and duties of the Chairperson. The terms of the Chairperson and Vice Chairperson shall be each for one year and the terms of the Secretary and Treasurer shall each be for one year. The Commission shall conduct regular meetings as it deems necessary for the transaction of its business; but there shall be at least six regular meetings annually. The Commission shall adopt by-laws for the transaction of business, and shall keep minutes and records of all proceeding, including regulations, transactions, findings, determinations, and the number of votes for and against each question, and if any member is absent or disqualified from voting indicating the fact, all of which shall immediately after adoption be filed in the office of the Commission, and shall be public record. Both the ex-officio members and the citizen members, except the Chairperson, shall be entitled to vote upon any subject or matter before the Commission and 50% of the members including the Chairperson or acting Chairperson shall constitute a quorum for the transaction of any business, however, approval of any ordinance, regulation of order shall be made only by a majority vote of the entire Commission. In case of a tie vote or a deadlock, the Chairperson shall have the power to vote, shall cast his or her vote and break such tie vote or deadlock.
(D) Powers, duties and responsibility. From and after the time when the Planning Commission of the county shall have been organized and selected its officers, together with the adoption of its rules of procedure and by-laws, said Commission shall have the powers, duties and responsibilities to uphold the KRS 100.111 through 100.181 inclusive.
(E) Finances.
(1) The actual and necessary expenses of operation of this Commission shall be borne by the parties hereto as follows:
(a) City of Crab Orchard: 0%; and
(b) The county: 100%.
(2) The fiscal year of the Planning Commission of the county shall be from July 1 to June 30.
(3) Quarterly, the Planning Commission of the county shall submit to the parties hereto a statement of its anticipated expenses for the ensuing quarter and the parties hereto shall immediately forward their portion thereof to the Treasurer of the Planning Commission of the county, taking credit for any sums previously deposited with the Commission or paid its behalf.
(4) Each party hereto shall be responsible for and shall pay any and all expenses for boards that they set up within their jurisdiction, including, but not limited to, boards of adjustment.
(F) Transfer of records. All minutes, records, contracts or property of any previous Planning Commission established by the parties hereto or any of them are hereby assigned, transferred and set over to the Planning Commission of the county.
(Ord. passed 5-10-2005)
(A) The Stanford-Lincoln County Tourism Board is hereby created. Said Board shall be comprised of five members. Two members shall be appointed by the County Judge/Executive with the consent of the County Fiscal Court. Two members shall be appointed by the Mayor of the City of Stanford with the consent of the Stanford City Council. The Director of the Board established by this section shall be a member of the Board hereby established, but shall only vote in matters in which there is a tie vote.
(1) The Board members shall serve terms of three years; however, from the initial Board members, two shall be chosen by a random method to serve a two-year term, one each from the city’s appointments and the county’s appointments.
(2) The Board shall be responsible for the adoption of by-laws governing the day to day operations of the Board. The by-laws shall also include a job description for the Director, and shall include a statement concerning whether the Director is subject to the county’s or the city’s personnel policy.
(B) The Board shall designate a financial institution for depositing of all monies which shall come into the possession of the Board, and all expenses or disbursements by the Board shall be made by commercial instrument drawn on accounts at said financial institution.
(1) The Board shall submit to the Stanford City Council and the County Fiscal Court financial statements detailing all income and disbursements of the Board funds not less than quarterly. All financial information shall be submitted to the governing bodies upon request of either body, but not less quarterly, and such requests by the governing bodies may not be made more often than monthly.
(2) The Board shall submit a yearly budget to the governing bodies not later than June 1 of each year. The budget shall detail expected income and expenditures of the Board for the fiscal year.
(3) From the members of the Board, two persons shall be designated to execute and sign checks, and the Director shall also be designated to sign checks. All checks shall require signatures of two of the three persons so designated. All checks received by the Board for payment of any amount owed to the Board shall be marked on the back as “For Deposit Only,” and shall be deposited into an account maintained by and in the name of the Board.
(C) The joint Stanford-Lincoln County Tourism Board/Main Street Program shall be funded by the County Fiscal Court and the Stanford City Council.
(1) Each governmental entity shall be responsible for $25,000 of funding in each fiscal year. These funds shall be deposited by the contributing entity into the Board’s General Fund Account, with each entity depositing one-half of its required contribution on or before January 10 of each year and one-half of its required contribution on or before July 10 of each year.
(2) In the event either governmental entity adopts a tax specifically for the purpose of funding tourism activities, the amount of revenue generated by such tax and deposited into an account of the Board herein established shall be credited against the contributions required from the governmental entity; however, said amounts shall only be credited for the year in which they are actually collected and deposited into the Board’s account.
(D) The Director of the Stanford-Lincoln County Tourism Board/Main Street Program shall receive compensation at a rate determined by joint consent of the County Fiscal Court and the Stanford City Council. Once the initial salary is determined, it may only be changed or modified by consent of the governing bodies. The County Fiscal Court and the Stanford City Council shall also determine what benefits will be included as part of the compensation package for the Director; however, the governing bodies may adopt resolutions allowing for yearly increases for cost of living and allow for such increases to be continuing without the need for yearly consent for such modification.
(1) The Judge/Executive of the county and the Mayor of the City of Stanford, Kentucky shall be responsible for the hiring of the Director. They shall report to the Fiscal Court and the City Council, respectively, as to the name of the person which will fill the position of Director.
(2) The Judge/Executive and the Mayor may designate a Screening Committee to assist in the process of finding a director, and the persons appointed to such a Committee shall be at the discretion of the Judge/Executive and Mayor.
(3) In the event the Judge/Executive and the Mayor are unable to agree on a person to fill the position of Director, and the position remains unfilled for a period of 60 days, then each shall submit the names of two persons for the position to the Board, who shall then have the power to choose a replacement.
(E) Each of the governmental entities shall have the power to withdraw from this venture by repealing their ordinance establishing same; however, there shall be no refund of any funds which have been paid, and the withdrawing entity shall be legally obligated to contribute all funds due under this agreement which are in arrears.
(F) This section shall have no force or effect until it has been adopted by both the County Fiscal Court and the Stanford City Council. If either of these entities fails to adopt this section, or an ordinance that is substantially the same, with only changes to names necessary for clarity based upon the adopting agency, then there shall be no Board created as set forth herein.
(G) In the event this section is adopted by one of the governmental entities, and the other fails to adopt such an ordinance within 60 days of adoption by the first, then subsequent adoption by the second entity shall not result in this section becoming effective until such time as the first entity passes a resolution making same effective.
(Ord. 02-12.29.09, passed 12-29-2009)
(A) The County Fiscal Court adopted an ordinance establishing the Cedar Creek Watershed Planning Unit.
(B) This was done pursuant to KRS Chapter 100 and a directive from the U.S. Army Corps of Engineers to protect the water quality of Cedar Creek Lake.
(C) The Cedar Creek Watershed Planning Commission was established to carry out the requirements of KRS Chapter 100 planning and zoning statutes and drafted and adopted a Comprehensive Plan, subdivision regulations and zoning ordinance and is charged with enforcement of these regulations for the Cedar Creek Watershed Planning Unit pursuant to KRS Chapter 100.
(D) The County Fiscal Court adopted the goals and objectives of the Cedar Creek Watershed Comprehensive Plan and zoning ordinance as required by KRS Chapter 100.
(E) The County Fiscal Court has established a Planning Commission to address the needs of all unincorporated areas of the county in regards to planning for future growth and land use of the county and to improve the way of life, and protect the county’s natural resources.
(F) The County Planning Commission includes members of the Cedar Creek Watershed Planning Commission.
(G) There exists the possibility of duplication of services and of conflicting and contradictory decisions regarding the property growth of areas of the county, including those that could impact the Cedar Creek Lake Watershed.
(H) The County Fiscal Court desires a uniform and consistent approach to issues involving the proper growth of this county and in the protection of the way of life and natural resources and beauty of this county.
(I) The merger and combining of the Cedar Creek Watershed Planning Commission and the County Planning Commission will better serve the citizens of the county.
(J) There exists a duplication of services and duties of the Cedar Creek Watershed Planning Commission and the County Planning Commission.
(K) To promote an orderly and consistent system of planning and zoning throughout the county, and to avoid duplication, contradiction and conflicting decisions on the property growth of the county.
(L) All legal requirements have been met, be it hereby ordained that the Cedar Creek Watershed Planning Commission and the County Planning Commission are hereby merged, and combined into one body, being the County/Cedar Creek Planning Commission, and further that all duties, powers, obligations and responsibilities of the Cedar Creek Watershed Planning Commission are hereby granted and assigned to the County/Cedar Creek Planning Commission.
(M) This section shall not be taken or interpreted in any manner to revoke, waive or supplant any previous ordinance or resolution regarding planning and zoning or any regulations adopted pursuant thereto. The Cedar Creek Watershed Zoning Ordinance, the subdivision regulations and the Comprehensive Plan for the Cedar Creek Watershed shall remain in full force and effect, except that the Lincoln County/Cedar Creek Planning Commission shall oversee and implement them from this point forward.
(Ord. passed 5-14-2002)