KENTON COUNTY FISCAL COURT

M I N U T E S

DECEMBER 12, 2006, 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 Dan Humpert and Barbara Black; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Public Works Director Joe Murphy; County Road Engineer Charles Meyers; Colonel Rodney Ballard; Assistant County Attorney Stacey Hege; Special Projects Manager Ralph Bailey; Assistant Public Safety Director Kirk Rinehart; Court Reporter Cathy Johnston; and Guests.

Commissioner Adam Koenig was absent because of legislative training.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Barbara Black.

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated November 14 and 21, 2006.  Commissioner Humpert made the motion for approval; seconded by Commissioner Black.  The motion was unanimously approved with the vote of aye.

Delegations

There were not any delegations that appeared before the court.

General Business

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

Resolutions

There were no resolutions presented to the court at this time.

Judge Drees announced there were two different sets of people that wanted to speak to the court regarding issues being presented.  One was the insurance premium tax and the other was the detention center, so the issues would be broken down into two parts.  The insurance premium tax would be the first issue presented.

Ordinances

Ordinance No. 225.45

Second reading of an ordinance of the Kenton County Fiscal Court providing for the implementation and collection of an insurance premium tax in unincorporated Kenton County at a rate of eight percent of the premium paid on insurance other than life and health.  Mr. Kimmich said that currently 274 of the 430 cities have this tax and 13 of Kenton County's 19 cities have one.  Currently, 29 of Kentucky's 120 counties have an insurance premium tax including the counties of Bell, Davis, Morgan and Pulaski that have a tax only in the unincorporated areas.  In July, 2005, we the consultation of the Kentucky State Senate was sought as to whether legislation would be needed to enact this ordinance and were advised in a July 25 memo from Senator Richard Roeding that no such statute was needed.

Judge Drees asked for a motion and a second on the ordinance and have it voted on and after this anyone who wants to speak on this will be able to come forward to talk about it.  Commissioner Black moved for passage of the ordinance; seconded by Commissioner Humpert.

The following guests of the court spoke against the tax:  Janet Cooper, 15271 Madison Pike, Morningview; Jim Kennedy, President of Kenton County Farm Bureau; George Heeger, 15283 Madison Pike, Morningview; Becky Darnell; Cindy Dobias, Northern Kentucky Association of Realtors, 15391 Carlisle Road, Piner; Doug Garner, Realtors Association, 13091 Farmview Drive; Cindy Cahill, 15088 Madison Pike, Morningview; Gailen Bridges, 12272 Madison Pike; and Dick Lockhart, Piner.

Judge Drees thanked the guests for voicing their opinions and asked Mr. Frye when this tax collection would start and he answered in July.  Judge Drees said the court wanted to take a look to see if anything could be done different as far as farm implements, etc. are concerned.  He said the court should report back within 60 days and the public would be notified if these items can be exempted at that time.

Mr. Kimmich said he had been notified that the PA system had arrived and the court should recess before the vote to put this system in place.  There was a motion made by Commissioner Humpert for a recess; seconded by Commissioner Black and the court was recessed with the unanimous vote of aye.

After having the PA system installed, Judge Drees called the court back into session.

At the Judge's suggestion, the court voted to table Ordinance No. 225.45 until a future date after more research has been done as to the qualifications and possible exemptions of the tax.

Ordinance No. 924.34

Second reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for a text amendment to the Kenton County zoning ordinance providing for the creation and definition of a classification and designation of an eco-commerce zone in unincorporated Kenton County.  Commissioner Humpert made the motion for approval; seconded by Commissioner Black.  Judge Drees called for a roll call vote whereupon the motion unanimously passed.

Ordinance No. 924.36

Second reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for a text amendment to the Kenton County zoning ordinance providing for the creation of an A-2 zone in Kenton County as recommended by the Kenton County Planning Commission in unincorporated Kenton County.  Commissiner Humpert moved for approval with a second from Commissioner Black and the motion unanimously passed following roll call.

Ordinance No. 924.35

Second reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for the adoption of a zoning map amendment providing for the creation of an eco-commerce zone and rezoning approximately 930 acres in unincorporated Kenton County as set forth in the maps attached to the recommendation of the Kenton County Planning Commission which shall be incorporated in the official record of the Kenton County Fiscal Court.  Commissioner Black made the motion for approval; seconded by Commissioner Humpert.

Commissioner Humpert asked if on the original ordinance this one was changed to add the additional 30 acres that was done for the staff recommendation of the area planning commission.  Mr. Kimmich said the court needed a motion to amend Commissioner Black's motion to incorporate the 30 acres in the eco-commerce zone accepting the staff recommendation as it relates to that parcel as their finding of fact.

Commissioner Humpert said he would like to make the formal motion and Commissioner Black said she would second it.  The motion unanimously passed upon roll call vote.

Mr. Kimmich said the court needed to vote on the original motion as amended.  The motion unanimously passed following a roll call vote.

Ordinance No. 924.37

Second reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for the adoption of a zoning map amendment providing for the creation of an A-2 zone encompassing approximately 1100 acres in unincorporated Kenton County as recommended by the Kenton County Planning Commission.  Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed upon a roll call vote.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  There being no questions on the claims list, Judge Drees said warrants will be issued and the bills paid.

Administrative Actions

Handout No. 06-67

Accept the bids of various lawn care providers for mowing services at various Kenton County facilities.  Ivan Frye reporting.  This is a continuation of the contracts that have been in place for the last year and each of the vendors have agreed to provide the same service and it is to the county's benefit to accept this same service.  Commissioner Humpert made the motion for approval with a second from Commissioner Black and the motion unanimously passed on roll call vote.

Handout No. 06-68

Authorize County Judge/Executive, Ralph A. Drees to execute two leases with the Commonwealth of Kentucky, one for office space and one for parking spaces for the Commonwealth's Attorney's Office:  Commissioner Humpert moved for approval with a second from Commissioner Black and the motion unanimously passed following roll call vote.

Handout No. 06-69

Authorize County Judge/Executive, Ralph A. Drees to execute a commercial mobile radio services grant application for $200,000 that will be used to move 911 trunk lines (main telephone wires) to the new location for the consolidation of the Covington and Kenton County Communication Center, Ivan Frye reporting:  This is a grant possibility to access with the planned consolidation of the dispatch center and it provides for a $200,000 maximum grant for the consolidation of two separate vendors.  This application is now being put together and would ask the court grant Judge Drees authority to sign when it is complete.  It will cost more to move the trunk lines and this is being solely applied to that purpose.  Commissioner Black made the motion for approval with a second from Commissioner Humpert.

Commissioner Black asked Mr. Frye if this was a state grant and for the process of the grant.  Mr. Frye said it is state money coming from money they retain on cell phones.  The motion unanimously passed following a roll call vote.

Executive Orders

Executive Order No. 06-92

Acceptance of resignations of the following employees from the golf courses as part-time workers, effective November 21, 2006:  William Stone, Gary Weingartner, James Hagen and Charlie Johnston; and the following employees as part-time maintenance workers for the golf courses, effective December 6, 2006:  Larry Moses, Bill Gilbert and Gerry Jones.  Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.

Executive Order No. 06-93

Acceptance of resignation of Ray Snedicor as advanced equipment operator from the Kenton County Department of Public Works, effective December 11, 2006:  Commissioner Black made the motion for approval with a second from Commissioner Humpert and the motion unanimously passed with the aye vote.

Citizens Address

Judge Drees said the guests in the courtroom that wanted to talk about the detention center could now come forward. 

The following persons came forward to speak when their name was called:  Melissa Wilkerson; Jeff Seibert, Independence; Keb Bright, 120 Pelley Road; Lloyd Brueckner, 135 Pelley Road; Mike Little, Independence city council member; Chris Fulmer, 76 Pelley Road; Glen Gauthier; Michelle Miller, Sycamore Creek; April Cremeans; Jason Waters, Liberty Orchard subdivision; Brad Sprague, Sycamore Creek; Patricia Barnett, 101 Pelley; and Connie Lefaivie, Principal, Summit Elementary School.

Judge Drees thanked the speakers who came forward and said this part of the meeting was now closed.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing to report.

COUNTY TREASURER-Ivan Frye:  Nothing to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  The amended agreement has been handed out for the Joint Code Enforcement Board and a motion is needed to adopt it.  As of Saturday, Latonia Lakes is no longer a city.  This is the board between the county and six cities that will go together to enforce all of the various codes, building codes, zoning codes, property maintenance codes, etc.  It was approved before when Latonia Lakes was a city and Kenton County had an indirect seat and with Latonia Lakes no longer a city, the interlocal agreement has been changed to reflect the membership of the board and to give Kenton County a seat.

Commissioner Humpert made the motion for approval with a second from Commissioner Black.  The motion was unanimously approved with the voice vote of aye.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Nothing to report.

COMMISSIONER DAN HUMPERT-A lot of things were said today and he said he wanted to assure the citizens that the court listened and does care.  This jail construction will take at least another year and a half to get started and this will be a long issue and will be looked into.

COMMISSIONER ADAM KOENIG-Absent.

Executive Session

Judge Drees announced the court would be going into executive session in regard to KRS 61.810 (1C), proposed pending litigation, and (1B) acquisition of property.

Commissioner Humpert made the motion to go into executive session; seconded by Commissioner Black and the motion passed with the unanimous vote of aye.

Commissioner Humpert made the motion to reconvene the fiscal court; seconded by Commissioner Black and the motion unanimously passed with the aye vote.

Judge-Executive's Report

Judge Drees said he would like to ask Mr. Kimmich to read a resolution to be voted upon.  Mr. Kimmich read Resolution No. 06-30, a resolution ratifying the execution of a purchase contract between Kenton County Fiscal Court and Liberty Orchard, LC for a 25.5+/- acre parcel of property located in unincorporated Kenton County for the purchase price of $750,000 for the express purpose of construction of a detention center/public safety complex in Kenton County.

Commissioner Black made the motion for approval of the resolution; seconded by Commissioner Humpert and the motion unanimously passed upon roll call vote.

Adjournment

There being no further business to come before the court, Judge Drees asked for a motion for adjournment.  The motion was made by Commissioner Humpert with a second from Commissioner Black and the motion carried with the unanimous vote of aye.