KENTON COUNTY FISCAL COURT

M I N U T E S

AUGUST 28, 2007, 9:00 A.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 Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Jerry Knochelmann; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Court Reporter Cathy Johnston; and Guests.

Commissioner Humpert was absent from this meeting.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Kris Knochelmann.­­­­­­­­­­­­­

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated August 14, 2007.  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker.  The motion was unanimously approved with the vote of aye.

Delegations

Recognition of Adam Dunn, Northern Kentucky Chapter of American Public Works Association:  Deputy Judge Kimmich said that last week at the annual dinner of the Northern Kentucky Area Development District, one the county's road foremen who has been with the county for approximately 20 years, Adam Dunn, was recognized as the outstanding public works employee of the year by the Northern Kentucky Chapter of the Public Works Association.  The court would like to recognize Mr. Dunn and say thank you for a job well done.

Mr. Dunn was greeted and applauded for his job performance at the court.  Judge Drees personally thanked Mr. Dunn for the job he has done for the county and asked him to keep up the good work.

Presentation of report from Correct Care, Jailer Terry Carl was not present to give the report.

General Business

No general business items were brought to the court's attention.

Resolutions

There were not any resolutions to come before the court.

Ordinances

Ordinance No. 924.39

Second reading of an ordinance to amend the zoning map of Kenton County, Kentucky for an approximate 164.2 acre area formerly incorporated as the city of Latonia Lakes made up of various seven areas:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker.  The motion was unanimously approved with the roll call vote of Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.

Ordinance No. 924.40

Second reading of an ordinance amending the text of the zoning ordinance for Kenton County regarding flood plain regulations:  Commissioner Voelker made the motion to approve followed by a second from Commissioner Knochelmann.  The motion was unanimously approved with a roll call vote of Commissioner Knochelmann, yes; Commissioner Voelker, yes; and Judge Drees, yes.

Ordinance No. 121.24

Second reading of an ordinance amending the Kenton County, Kentucky Code of Ordinances regarding the Kenton County Policy Manual:  Judge Drees said this is the ordinance that states the biweekly paying for all Kenton County employees.  Mr. Shriver said he had no other comments to add.  Commissioner Knochelmann made the motion to approve followed by a second from Commissioner Voelker and the motion unanimously passed with the following roll call vote:  Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.

Ordinance No. 924.41

Second reading of an ordinance establishing an eco commerce park zone and adding appropriate definitions and text necessary for the establishment of the zone with conditions:  Mr. Edmondson said this is a cleanup of the zoning text and is the same for the A-2 zone.  Commissioner Knochelmann made the motion for approval followed with a second from Commissioner Voelker.  The motion unanimously passed with a roll call vote of Commissioner Knochelmann, yes; Commissioner Voelker, yes; and Judge Drees, yes.

Ordinance No. 924.42

Second reading of an ordinance establishing an A-2 (agriculture two) zone that permits agriculture uses and a conservation subdivision form of development with text necessary for the establishment of the zone with conditions:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with a roll call vote of Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.

Ordinance No. 225.47

First reading of ordinance relating to the levy and adoption of 2007 tax rates on real and personal property to provide revenue for expenditure in the current fiscal year:  Mr. Kimmich said there was no requirement for a vote but it is important to note on the record that the ordinance was duly advertised in the paper of record and that the proceedings of this meeting constitute a duly called public hearing on this issue.  Mr. Kimmich advised that there were no comments received in writing or verbally in the Judge's office prior to the commencement of this meeting.

A person in the audience came forward to ask if this was relative to the tax increase in the paper and Judge Drees answered yes.  She asked what the increase was and Mr. Knochelmann said it was going from 13.9 to 14.1 and Mr. Kimmich said this is an effect of $2.00 on $100,000 property.

Since there were no further comments, Commissioner Knochelmann made the motion to close the public hearing; seconded by Commissioner Voelker and the public hearing was closed with the unanimous vote of aye.

Consent Agenda

Claims List-County Treasurer Jerry Knochelmann:  Since there were no questions or comments asked of the treasurer, Judge Drees said warrants will be issued and all claims paid.

Administrative Actions

Handout No. 07-69

Approval of request to surplus equipment in the Kenton County Police Department, Department of Homeland Security, Department of Public Works, and the Covington Clerk's Office:  Commissioner Voelker made the motion for approval with a second from Commissioner Knochelmann and the motion unanimously passed with an aye vote.

Handout No. 07-70

Approval of employment contract for hiring of Deborah Schadler in a part-time capacity in the Department of Emergency Management/Homeland Security:  Commissioner Knochelmann made the motion to accept followed by a second from Commissioner Voelker and the motion unanimously passed with the vote of aye.

Handout No. 07-71

Approval of change order in the amount of $50,766 for URS for St. Elizabeth road project as recommended by the county engineer and St. Elizabeth Hospital:  Commissioner Voelker moved for approval; seconded by Commissioner Knochelmann.  Commissioner Knochelmann asked Mr. Murphy if this was a cost above and beyond for the redesign work on the project.  Mr. Murphy said that the work was approximately 90 percent complete when the alignment had to be changed and this cost is based on that change, the additional right of way and the rewriting of deeds.  Commissioner Knochelmann asked if the costs were borne by the county and Mr. Murphy said no, the hospital is picking up the costs.  The approval unanimously passed with the vote of aye.

Handout No. 07-72

Approval of employment contract for hiring of Amanda Davis in a part-time capacity as a dispatcher in the Kenton County Communications Center:  Commissioner Knochelmann moved to accept; seconded by Commissioner Voelker and the motion unanimously passed with an aye vote.

Executive Orders

Executive Order No. 07-94

Approval of George Meinhardt's appointment to the Kenton County Airport Board for a two-year term, effective September 22, 2007:  Judge Drees said this is an executive order to rescind number 07-90 that was presented at the last meeting when it was discovered that Mr. John Yeager was unable to serve again because he had served the maximum number of terms on this board.  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed with a vote of aye.

Executive Order No. 07-95

Approval of part-time employment of Joel Williams for the golf courses, effective August 20, 2007:  Commissioner Voelker made the motion for approval with a second from Commissioner Knochelmann and the motion unanimously passed with the vote of aye.

Executive Order No. 07-96

Approval of employment of Gary Helton as a police officer in the Kenton County Police Department, effective September 16, 2007:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann.  Commissioner Knochelmann asked where Mr. Helton came from and Chief Butler said he is a recent graduate from the University of Cincinnati with a major in criminal justice.  He grew up in Cincinnati but his parents now live on Decoursey Pike in the Ryland area so he does have local ties.  The motion unanimously passed with an aye vote.

Citizens Address

Ms. Jo Ann Cobble came forward to speak on a matter she said was of utmost importance to her regarding the Aristocrat Pear Tree that is on the front lawn of the courthouse.  She said she had passed out to the court some information whereupon it shows the city of Independence has a downtown concept plan and has a lot of plans they would like to present to the fiscal court as improvements.  At the time the person was hired for $100,000 that was paid by the citizens to do the study, he was apparently not aware that the courthouse lawn did not belong to the city.  If the city has their way and puts a commercial building in the corner when you first come in, it would be where the pear tree is located.  The city also wants to put up a stone wall that would probably turn into a skateboard haven for kids and move the sidewalk back approximately five feet that will go into the lawn which would take out almost all of the mature trees on the lawn.  I would say that most of the people in the town would be against that.  They want to formalize the lawn and this would take down most of the mature trees that are there which would be a slap in the donors' faces.  The lawn is especially beautiful in the summer when the roses are blooming and at Christmas time where it was featured in a magazine in Atlanta, Georgia one time.  The Kenton County Public Commission public hearing is on September 6 and they want to adopt the entire plan into the comprehensive plan.  We will be asking that this part be taken out of the plan.  Please do not cut down our historic trees.

Judge Drees said the county controls their own grounds and he did not see any problem with the trees.

Judge Drees asked Michael Straw, son of William T. Straw who planted the pear tree, to come forward and give his comments to the court.  Mr. Straw said he did not know what else he could add except to say that probably Independence was the first to have this unique tree.  A couple of years ago the Aristocrat Pear Tree was designated the official tree of Independence and also the official tree of Kenton County.  He said he would hate to see the tree cut down after all of those accolades.  The plaque that is in front of the tree has been covered with mulch for the last year or so and he had uncovered it a few days ago.

Ms. Inez Straw, wife of William Straw who had planted the tree, said it was an honor for her to speak to the court to tell them that this tree is very special.  This tree is grown in almost every state of the union, Holland, New Zealand and Australia.  She also said that traveling with her husband to different nurseries around the world and seeing the tree on the lawn had enriched their lives and she hoped the life of people in the community.  She also said she would like to buy a taller plaque to put at the foot of the tree so it cannot be covered.  Judge Drees told her to go ahead and buy the plaque and the county would help her put it in where she wanted it put and thanked her for her presentation.

Mr. Bill Dorsey said that Bill Straw was the inventor of this tree and he welded two trees together to make the Aristocrat Pear and owns the patent right for it.  Mr. Straw was also with Covington Rotary and did a lot of community work for years and years, and when a member was installed as president, it would not be long before Bill would be at your door with a tree and shovel.  This old building is history in itself and we need to keep it that way and we need to maintain it the way it is.

Judge Drees asked Mr. Bill Cobble to come forward who said the downtown study included the courthouse and the tree.  If this is approved on September 6, anything in the city can be used as a part of the concept plan.  The city of Independence wants to hire a city administrator to enforce the concept plan, but I believe it would be a crime to do anything to this courthouse or that tree.  I think the people of this city deserve better and he said he would like to ask the Judge to protect the tree and the courthouse.

Attorney Edmondson said that neither the city nor the Northern Kentucky Planning Commission has any jurisdiction over the courthouse or the county's grounds.  Only the Kenton County Fiscal Court can control this so it does not make any difference what they plan because they cannot execute it.

Judge Drees thanked the speakers for their presentation and said this would be protected and would not be a problem.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Mr. Kimmich said he wished to bring up the fact that the court has approved the zoning for Latonia Lakes.  Inasmuch as it came to the fiscal court as a recommendation in December or January, 90 days had lapsed so as an operation of law, that zoning was already in effect.  Anything that would have been done between the day it became law because of no action and today would still be a violation of the county ordinance.  As the Northern Kentucky Area Planning Commission works on trying to help us clean up this community, anything that was done there in the interim that appears to be in violation would stand as a violation.  This should be put on the record in case we face litigation in the future that we are aware the process was followed.

COUNTY TREASURER-Jerry Knochelmann:  Nothing to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing to report.

Commissioners' Reports

COMMISSIONER DAN HUMPERT-Absent.

COMMISSIONER SARA VOELKER-Commissioner Voelker said she wished to thank Adam Dunn for his years of service to the county and it was well appreciated.  She also said the citizens should know they have the court's absolute support in keeping not only the Aristocrat Pear, but also the other trees surrounding this historic building.

COMMISSIONER KRIS KNOCHELMANN-Commissioner Knochelmann said when he first became a member of Rotary Bill Straw was the president and he had known him for a number of years and the tree was a nice memory.

Commissioner Knochelmann said he also wanted to say thanks to public works and parks and recreation and every volunteer who brought in the Vietnam Memorial Wall to Pioneer Park.  A first class job was done and it was a great thing for the whole area to have the wall here, and the huge volunteer list and all other workers should be thanked for keeping it such an honorable event.

Judge-Executive's Report

Judge Drees said he had also heard some good comments and understood that Deputy Judge Kimmich did a great job at the opening ceremony.

Executive Session

There was no executive session called.

Adjournment

Since there was no further business brought to the court's attention, Judge Drees asked for a motion to dismiss the proceedings.  The motion was made by Commissioner Knochelmann; seconded by Commissioner Voelker and the court was adjourned with the unanimous vote of aye.