KENTON COUNTY FISCAL COURT

M I N U T E S

December 13, 2005, 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, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Judge Executive's Secretary Patricia Krohman; Grants Administrator Wayne Spiegel; Jailer Terry Carl; Public Works Director Joe Murphy; Assistant County Attorney Brandon Voelker; Special Projects Manager Ralph Bailey; County Clerk William Aylor; 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 Humpert.  The minutes were unanimously approved with the vote of aye.

Delegations

Appreciation for Bob Krohman memorial car show, Bill Dorsey and Patty Krohman:  Ms. Krohman said this was the second year for the car show and how grateful she was for this gesture.  She said that she hopes this can continue because it was used by the police department to purchase gifts for needy children.  She presented a check in the amount of $1,107.50 to Chief Dorsey to purchase Christmas gifts.  Ms. Krohman also thanked their friends and employees of the fiscal court for the extended efforts that were put into making the memorial car show a great success.

Chief Dorsey said he accepted the funds in the name of Kenton County employees and those who started Kenton County We Care.  The public may not realize that the people in the cruisers, cars and trucks really do care about the citizens.  As we take under privileged children of Kenton County to have a Christmas this year, they can thank the employees of Kenton County.

General Business

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

Resolutions

Resolution No. 05-25

Approval of resolution of Kenton County requesting recommendations relative to the appropriate zoning for sexually oriented businesses, Garry Edmondson reporting:  The next step in this continuing process is where the cities and county formally ask the planning commission to study and make recommendations back to them relative to the appropriate zoning for sexually oriented businesses.  They will come back, probably sometime in February or March, when recommendations will be made and the appropriate ordinances can be adopted.

Commissioner Humpert asked if the planning commission would be working with a national consultant to make the recommendations and Mr. Edmondson answered yes.

Commissioner Black said she wanted to assure the citizens that the court is doing what the Federal courts have allowed them to do to protect our businesses and citizens from all the negative secondary effects of sexually oriented businesses.  This step would primarily give the county the opportunity to do appropriate zoning to designate areas where these businesses would be allowed to come, and not allow these businesses to come into the county and go wherever they wanted to go.  It is our obligation to provide the protection the Supreme Court says that we can in terms of appropriate zoning to designate specific areas if these businesses should come to our county.

Commissioner Humpert asked if this just covered the Southern end of the county or does each city have to ask the planning commission to do this?  Mr. Edmondson said the cities concur and are also asking the planning commission for the study and we will do the zoning as an entire county.

Judge Drees asked for a motion to approve.  Commissioner Black made the motion; seconded by Commissioner Humpert.  The motion unanimously carried with a roll call vote.

Resolution 05-26

Approval is requested for approval of the general term order for FY 2006 for the operation of the Kenton County Office of the County Clerk, William Aylor reporting:  The general term order is almost the same as last year.  There is an approximate increase of $30,000 in health insurance and the overall salaries are slightly raised.  One person is going to start the year on family medical leave and it is not sure if she is coming back to work and by law, we have to keep this person on the payroll and their health insurance has to be provided.  If this employee does come back, the budget will have to be amended.  This is a result of the county clerk's office not getting an increase since 1994.

Commissioner Humpert made the motion for acceptance; seconded by Commissioner Koenig and the motion unanimously passed on a roll call vote.

Resolution 05-27

Approval is requested for approval of the general term order for FY 2006 for the operation of the Kenton County Office of the County Sheriff, Charles L. Korzenborn:  Judge Drees said this order would have to be tabled because he has not been able to meet with the sheriff to go through his budget.  He asked the fiscal court to attend a special meeting on Thursday, December 22, at 11:00 a.m., in Covington and the fiscal court members agreed.

Resolution 05-28

Approval is requested to approve a recommendation to adopt the amended and restated 457(b) governmental plan document by Nationwide Retirement Solutions, Inc., effective January 1, 2006, Ivan Frye reporting:  Mr. Frye said this was a long-standing plan of 24 years and the Federal government made some changes in the rules for those plans, and this is to adopt the model ordinance that enables this plan.

Judge Drees asked if this had anything to do with the state plan and Mr. Frye answered no that this is money an employee would set aside for themselves.  Mr. Frye also said that this is no cost for the county.

Commissioner Koenig made the motion for approval followed by a second from Commissioner Black and it unanimously passed with an aye vote.

Ordinances

Ordinance No. 121.23

First reading to confirm the 2006 Kenton County Fiscal Court meeting schedule, Scott Kimmich reporting:  Mr. Kimmich said pending approval of the court today, this ordinance will be put on the agenda for the meeting on December 22 so it will be in full force and effect prior to the January 17 meeting.

Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig.  The motion unanimously passed with an aye vote.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  Commissioner Black asked about the charges for Cincinnati Bell Invoice Advantage and Mr. Frye said the county receives one bill that is broken down into portions of usage for each department.  The $6,152.00 charge is for the data line that runs throughout the county that links all of the departments together.

Judge Drees said the warrants would be issued and all bills paid.

Administrative Actions

Handout No. 05-74

Discontinuance of a portion of Spillman Road pursuant to the provisions of KRS 178.070, Scott Kimmich reporting:  The road closure committee had met at the request of Terry Edwards representing the petitioners to close a portion of Spillman Road that is basically an abandoned right-of-way and there has not been a road there for many, many years.  Mr. Murphy has reported that some members of this committee have questions and will be reporting at the meeting in January.

Commissioner Humpert made the motion to table the handout; seconded by Commissioner Black and the motion unanimously carried with the vote of aye.

Handout No. 05-75

Rejection of bid for property at 491 Jericho Drive, Latonia Lakes, Kenton County Kentucky, Ralph Bailey reporting:  This bid was originally put on the agenda to be rejected.  The property was advertised and the only bid received was from Don and Betty Saylor for $1,500.00.  However, Mr. Saylor called on Friday and he indicated he was willing to go to $2,000.00 and his plan is to take down the shack that is on the property and to leave it in this manner.  He is in the process of buying lots in the area and is hoping through this combination that he can build some houses on the properties and this will get them back on the tax rolls.

Judge Drees said that he thought the Saylors should be able to buy the property because it would cost more than $500.00 to tear down the shack.  Mr. Edmondson asked if this property had been condemned and Mr. Bailey answered yes.

Mr. Kimmich said the court would need a motion to reject the bid as submitted authorizing the County Judge Executive to negotiate the sale of the property for an amount not less than $2,000.00 on the condition that we have guarantee of the removal of property with the fiscal court reimbursing the county attorney the $500.00 difference between the sale price and what was paid at the tax commissioner's sale.  Commissioner Humpert made the motion to reject the bid; seconded by Commissioner Black and the motion passed with a unanimous aye vote.

Commissioner Humpert made the motion to authorize the Judge Executive to negotiate for the sale of the property for not less that $2,000.00 with guarantee of removal of buildings on the property and the transfer of $500.00 as proceeds from the tax commissioner's sale.  Commissioner Koenig seconded the motion and it unanimously passed upon a roll call vote.

Handout No. 05-76

Kenton County Fiscal Court acknowledgement of the bond for Ronald E. Ferrier, Kenton County constable:  Judge Drees asked for a motion to table the acknowledgement until a future date.  Commissioner Black made the motion followed with a second from Commissioner Humpert, and it was approved with a unanimous vote of aye.

Handout No. 05-77

Approval of renewal lease agreement for the Commonwealth Attorney's office for the 2007 calendar year in the amount of $36,696.00:  Commissioner Koenig made the motion; seconded by Commissioner Black.  The motion unanimously passed with a roll call vote.

Handout No. 05-78

Approval of renewal lease agreement for the probation and parole office for the 2007 calendar year in the amount of $120,492.00:  Commissioner Koenig moved for approval with a second from Commissioner Humpert.  The motion unanimously passed with a roll call vote.

Handout No. 05-79

Approval of the Fire Chiefs' Association to award the fire training center burn building proposal for materials to WHP Training Towers in the amount of $174,875.00 and permission to advertise for bid of the construction of the building, Ivan Frye reporting.  Mr. Frye said bids were taken and reviewed by the committee and it was determined that this bid was better than the others even though it is higher.

Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with a roll call vote.

Executive Orders

Executive Order No. 05-114

Approval of reappointment of Allen Thomas, Jr. to the Kenton County Public Library Board of Trustees for a four-year term, effective September 15, 2005:  Commissioner Black made the motion for approval with a second from Commissioner Humpert.  The motion unanimously passed with the aye vote.

Executive Order No. 05-115

Approval of resignation of Shawn Kim Kannady from the Piner-Fiskburg Fire District Board and the appointment of Glen Scott to replace her, effective October 10, 2005:  Commissioner Koenig made the motion for approval; seconded by Commissioner Black, and the motion unanimously passed with the aye vote.

Executive Order No. 05-116

Approval of James Cook for reappointment to the Kenton County and Municipal Planning and Zoning Commission, effective January 1, 2006 through December 31, 2009:  Judge Drees said that Jim Cook's appointment of four years expires and he would like him reappointed to the board.  Commissioner Koenig made the motion for approval followed with a second from Commissioner Black.  The motion unanimously passed with the aye vote.

Executive Order No. 05-117

Approval of Shanda L. Spurlock to serve as a member of the Tri-County Economic Development Corporation Board for a four-year term, effective December 13, 2005:  Judge Drees said that this board was expanding and each county has been asked to appoint a new member to become effective upon the date of appointment.  Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion was unanimously approved with the aye vote.

Executive Order No. 05-113

Approval of 2006 Kenton County Fiscal Court staff holidays, Joe Shriver reporting:  This order basically follows the administrative code and these are specific dates for holidays following the 2006 calendar year.  Commissioner Humpert made the motion for approval with a second from Commissioner Koenig.  The motion was unanimously approved with the vote of aye.

Citizens Address

There were not any citizens present to address the court.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Judge Drees has expressed an interest in having an expanded program for the pickup of white goods where persons could take items and drop them off to keep them off the roadside and from being thrown over hillsides.  Roger Wells and the deputy judge put together some programs that would be beneficial and could be done at no additional cost to the county.  In fact, in the long term it will save the county money in cleaning up dump sites in the county.  Under a proposal to be done for six months to gauge its success, the county would have a pickup on one Saturday per month where people can drop off white goods and tires at the public works department where there will be personnel to man it to ensure that no hazardous materials to the environment will be taken in or, if they are, will be properly treated.  Secondly, through the we care hotline, 392-1999, there will be a three-day pickup service where if individuals have a maximum of four tires or an appliance that they cannot get rid of, our work crew that is put together by the public works department working in concert with the county jailers work program will pick up these items and take them to public works.  This time frame will be narrowed down as the county gets more experienced with the program, but it is thought this is a way to eliminate some of the blight of tires and appliances winding up along the roadsides or over creek banks.  The county would like to implement this program on January 1.  Some posters are being put together to go in grocery stores, banks, post offices, and anyone that will let them be put up to let people know this service is available to do everything the county can to clean up the environment.

Judge Drees asked for the cost of the posters and putting them up and Mr. Kimmich said it was estimated to be under $500.00 and Mr. Wells believes this amount can be taken from the solid waste budget.  Commissioner Black said it may be a good idea to also post this information in the schools.  Mr. Kimmich said this was also a way to find out where the tires are coming from, and if they are coming from a certain area, more investigation can be done as to why they are not being put through the recycle program.  Judge Drees said this information may also be posted in firehouses, and hopefully, this will help the county keep the environment cleaner.

COUNTY TREASURER-Ivan Frye:  Nothing further to report.  Judge Drees said he would like to have at the February court meeting a six-month report on where the county stands on the budget.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing further to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Mr. Edmondson said the court had packets three and four of the jail policies and he would like the court's approval of the packets.  Commissioner Humpert made the motion for approval of the packets; seconded by Commissioner Black.  The motion unanimously passed with a roll call vote.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Commissioner Black thanked the parks department for the decorations in the courthouse.  She also said she wanted to thank the citizens for the paper recycling efforts for the building of the adoption center for the animal shelter and the monetary funds it has brought in to date.  If anyone wants to be involved in the fundraising efforts of the animal shelter, they should call to volunteer.  Anyone can also leave their estate or funds to the animal shelter through wills and trusts.

COMMISSIONER DAN HUMPERT-Nothing further to report.

COMMISSIONER ADAM KOENIG-Said he wanted to recognize Mayor Dorjan for the great job he had done to revitalize the town of Latonia Lakes in getting it back on track and the work he had done.

Judge-Executive's Report

Nothing further to report.

Executive Session

No executive session was called.

Adjournment

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Black.  The court was adjourned with the unanimous vote of aye.