KENTON COUNTY FISCAL COURT
M I N U T E S
AUGUST 23, 2005, 7:00 P.M.
The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse. Present at the meeting were Judge Executive Ralph A. Drees; Commissioners Dan Humpert, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Emergency Management Director Ed Burk; Police Chief Bill Dorsey; Animal Shelter Director Dan Evans; Jailer Terry Carl; Public Works Director Joe Murphy; Colonel Scott Colvin; Court Reporter Cathy Johnston; and Guests.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Dan Humpert.
Approval of Minutes
Judge Drees asked for approval of the minutes for the last meeting. Commissioner Black moved for approval with a second from Commissioner Koenig. The minutes were unanimously approved with the vote of aye.
Delegations
Presentation of ethics commission brochure award to Melinda Lowry: Judge Schmaedecke thanked the court for their support of the ethics commission and told of some of their activities. He also said that the ethics code was an accumulation of legalese that needed to be presented in a consumer friendly manner for the average person on the street so they could be made aware of what is encompassed in the county code. The two universities in Northern Kentucky were asked to take the adopted code and condense it into a user friendly code the average person could understand. There were outstanding entries from both universities and the winner, Melinda Lowry of Northern Kentucky University, was selected by the ethics commission and presented to the court.
Ms. Lowry thanked the court for the opportunity of writing the brochure. The court members thanked Ms. Lowry and suggested that it be printed for public use. They also commended her for the great job she had done in comprising the brochure from all of the material that was presented.
Judge Drees said the brochure would be sent to the members of the ethics commission and all new appointees.
Special Olympics presentation: Mr. Mark Stagg came before the court and introduced Ms. Beth Castle who is a special Olympic athlete and plays golf. She gave her thanks for the use of the Kenton County Golf Courses during one of the Olympics fundraises.
Mr. Stagg said Ms. Castle is one of 900 special Olympians that participate in the year-round program. Fourteen different sports and activities are offered at no cost to the Olympians, and there are a lot of volunteers that help with the program. Only two fundraisers are held each year and a golf outing, called the Joe Walter Celebrity Golf Outing, is one of them and all of the money raised stays in Northern Kentucky. Mr. Stagg introduced Lucas to the court and said he was one of the best golfers they had and he has competed on the national level in the Olympics program. Lucas also thanked the fiscal court for their support and use of the Kenton County facilities for the Olympic games.
The fiscal court members congratulated the Olympians and thanked them for coming to the court.
Proclamation for national preparedness month in Kenton County: Judge Drees read the proclamation to the court declaring the month of September as national preparedness month in Kenton County.
Mr. Burk said persons could get information on how to prepare for disasters and terrorism events by going to the Kenton County website at KentonCounty.org and to the homeland security department. He said community emergency response training class is going to be starting in Fort Wright on September 1 and persons that are interested can call 392-1488 or the Fort Wright Fire Department to sign up for the class.
General Business
There were not any general business issues to come before the court.
Resolutions
Resolution No. 05-20
Proposed agreement between the Kenton County Fiscal Court and the Transportation Cabinet, Department of Intergovernmental Programs, to perform bituminous resurfacing on various county roads, Scott Kimmich reporting: Mr. Kimmich said this was the annual appropriation from the state through the rural secondary program that goes through the Department of Intergovernmental Affairs. There is a listing of the roads that are anticipated for resurfacing and it is being asked that the judge be authorized to expend these funds and draw them down from the state.
Commissioner Humpert moved for approval; seconded by Commissioner Koenig and the motion unanimously passed with the vote of aye.
Resolution No. 05-21
Routine maintenance and repair agreement between the Commonwealth of Kentucky Transportation Cabinet, Department of Highways, and the County of Kenton, Kentucky for the county to perform the needed work to repair and maintain certain state owned roads within the limits of Kenton County, Scott Kimmich reporting: This resolution is for state-owned roads that are in Kenton County; specifically, roads that county trucks will be going over to get to county projects. There is approximately 50 miles of state roads that the county is being asked to maintain in exchange for a cash settlement of $147,984.00 per year for the first year. The state is trying to reduce their cost by contracting with the counties to maintain these roads. This contract has been reviewed by Joe Murphy and Charles Meyer who recommend approval.
Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion unanimously passed with the vote of aye.
Ordinances
Ordinance No. 225.42
First reading of Kenton County property tax for 2005: Mr. Kimmich said that for the record this is a levy of the 2005 tax rates of 13.6 cents per $100.00 valuation on real property and 15.8 cents for $100.00 valuation on personal property to provide such revenue as has been budgeted and approved during the current fiscal year.
Ordinance No. 121.20
Second reading to amend the County Administrative Code and the Policy Manual, Joe Shriver reporting: Mr. Shriver said there had not been any changes since the last consideration of two weeks ago. Commissioner Humpert made the motion for approval; seconded by Commissioner Black. The motion passed following a unanimous vote of aye.
Ordinance No. 924.26
Second reading amending the Kenton County zoning ordinance to permit a concrete plant as a principally permitted use in an I-6 zone in the unincorporated area of Kenton County, Scott Kimmich reporting: This is to incorporate the language for the concrete plant in an I-6 zone as a permitted use as it is in an I-5 zone. Commissioner Humpert raised the issue at the last meeting of using the term cement versus the term concrete and the planning commission was called regarding this. It is their view that because both concrete and cement are used in terminology in an I-5 zone, it is their intent to simply carry this language over to the I-6 zone and they consider it to be the same for this ordinance.
Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert. The motion unanimously carried with the vote of aye.
Ordinance No. 531.97
First reading for the correct spelling of Teegarden Lane, Scott Kimmich reporting: Apparently when the county road system was adopted by ordinance in the 1980's, the name Teegarden was improperly spelled. It was spelled wrong but was put up as was stated in the ordinance.
Consent Agenda
Claims List
Commissioner Black said there was one item added that was for the domestic violence program at St. Elizabeth that is number 5233.
Mr. Frye asked the record to show that this is part of the claims list and the claims list stands as presented.
Administrative Actions
Handout No. 05-54
Surplus of a WinBook laptop computer from the police department, a printer in the IT department and a mixer in the detention center, Ivan Frye reporting: All of the items are unserviceable and should be removed from the county's property.
Commissioner Black made the motion for approval followed by a second from Commissioner Koenig. The motion unanimously passed with the vote of aye.
Handout No. 05-55
Contract for architectural services for animal shelter expansion, Scott Kimmich reporting: This is a contract with Hub & Weber Architects to develop a preliminary design of the addition. Commissioner Black and others have been working on this for two years. The court is being asked for approval to expend $7,150.00 that was a budgeted item.
Commissioner Black made the motion for approval; seconded by Commissioner Humpert.
Judge Drees asked Commissioner Black if she thought the county would be picking up any extra money from gifts, etc. Commissioner Black said there is group of volunteers that are willing to raise money for a new adoption center. Kenton County does not have a very good facility for adopting animals in a setting where time can be spent with the family and the animal. The bottom line is that it cost the citizens of this county a lot of money to euthanize thousands of animals and a lot of this could be eliminated through adoption for companionship for a lot of citizens. The county will be looking for major sponsorships such as Mr. Penn leaving his entire estate to the animal shelter for the helping of animals.
Since there were no further comments, the motion passed with the unanimous vote of aye.
Handout No. 05-56
Authorization for Judge Executive Ralph A. Drees to sign a quitclaim deed, Garry Edmondson reporting: Months ago the court was approached by individuals who own property that abuts the public right-of-way of Dudley Pike just East of Thomas More Parkway and the road was moved leaving excess property. It was determined at that time the county would abandon that property, since it was not used anymore, through the property owners. Shortly after this, the issue came up about whether or not the county has any authority over right-of-ways within the city of Edgewood. The property owners would like to get this issue cleared up and the county has decided to quitclaim whatever interest we may have in that right-of-way to the abutting property owners. This will require them to go into the city of Edgewood and ask them to do the same, so if the county gives up whatever they have, the city of Edgewood will do the same and this will settle the issue. The property is approximately 20 feet wide and 200 feet long, and this property will go back on the tax rolls.
Judge Drees asked for a motion whereupon Commissioner Humpert made the motion for approval followed by a second from Commissioner Koenig. The motion unanimously passed with the vote of aye.
Executive Orders
Executive Order No. 05-80
Reappointment of Dan Humpert to the Northern Kentucky Area Development District Board of Directors, effective September 25, 2005: Commissioner Humpert said he wished to abstain from discussing or voting. Commissioner Black made the motion; seconded by Commissioner Koenig and the motion passed with the vote of aye.
Executive Order No. 05-81
Appointments of Jack Jackson and Barbara Dirkes to the Kenton Fire Protection District Board, effective August 24, 2005: Judge Drees said Mr. Jackson's appointment was for a four-year term and Ms. Dirkes was for a two-year term. Mr. Kimmich said the two-year term was an appointment of the fiscal court and the four-year term is a citizen member of the fire district. An election was held and no one stood for election and under the statute, the county judge appoints someone to fill the term of office, so in this case it is a full four-year term.
Commissioner Koenig moved for approval; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Executive Order No. 05-82
Three-year appointments of John Little and Elsworth Gebhardt to the Ryland Heights Fire Protection District Board, effective August 24, 2005: Commissioner Humpert made the motion for approval; seconded by Commissioner Black. The motion unanimously passed with the vote of aye.
Executive Order No. 05-83
Reappointment of George Schaefer and John Yeager to the Kenton County Airport Board Advisory Committee for two-year terms, effective September 21, 2005: This is only for information. When Mr. Schaefer and Mr. Yeager serve these terms, they cannot be reappointed.
Executive Order No. 05-84
Appointment of Adam Davey to the Northern Kentucky Area Development District Council on Aging Board for a two-year term expiring June 30, 2007: This appointment is to replace Mr. Henson who could not become a member of the board because of meeting times. Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion unanimously passed with the vote of aye.
Executive Order No. 05-77
Approve hiring of John Kelley, effective August 10, 2005; Charles Highfield, effective August 11, 2005; and Ralph Bamberger, effective August 1, 2005, as part-time golf clubhouse employees: Commissioner Humpert moved for approval; seconded by Commissioner Koenig and the motion passed with the unanimous vote of aye.
Executive Order No. 05-78
Approve retirement of William Dandridge from the Department of Fleet Management, effective August 31, 2005: Commissioner Koenig made the motion for approval followed by a second from Commissioner Black. The unanimous vote of aye was given for passage.
Executive Order No. 05-79
Approve hiring of Lawrence Warnke as part-time employee at the golf clubhouse, effective August 24, 2005: Commissioner Black made the motion for approval; seconded by Commissioner Humpert. The motion unanimously passed with the vote of aye.
Citizens Address
There were not any citizens present who wished to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: Nothing else to report.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: Passed out two revised copies of policies for the jail and there are some slight changes such as typos and language that makes the policies more clear. There are not any substantive changes.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Nothing further to report.
COMMISSIONER DAN HUMPERT-Nothing further to report.
COMMISSIONER ADAM KOENIG-Nothing further to report.
Judge-Executive's Report
Did not have anything further to report.
Executive Session
There was no executive session called.
Adjournment
Since there was not any further business to come before the court, Commissioner Humpert made the motion for adjournment; seconded by Commissioner Black. The court was adjourned with the unanimous vote of aye.
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Ralph A. Drees
Kenton County Judge Executive
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Fiscal Court Clerk
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