KENTON COUNTY FISCAL COURT

M I N U T E S

February 28, 2006, 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; Public Works Director Joe Murphy; Assistant County Attorney Stacey Hege; 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 the court for approval of the minutes dated February 14, 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 to appear before the court.

General Business

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

Resolutions

Resolution No. 06-05

A resolution relating to the Commonwealth of Kentucky assuming full responsibility for housing of all prisoners, Scott Kimmich reporting:  Jailer Terry Carl was absent because of illness but had called the office to ask the court to go on record in support of HB 274 which provides that within a five-year period the Commonwealth of Kentucky would take the responsibility for all jail operations and costs at a price of $110,000,000.

Judge Drees said he thought the court should support this.  Commissioner Koenig moved for approval followed by a second from Commissioner Black.  The motion was unanimously approved with a vote of aye.

Ordinances

Ordinance No. 531.98

Second reading of an ordinance to discontinue a portion of Spillman Road, Scott Kimmich reporting:  Mr. Kimmich said the property was posted in accordance with the statutes and no comments were received orally or in writing.  The court is recommending the second reading and the closing of this portion of Spillman Road.

Commissioner Black made the motion for approval; seconded by Commissioner Koenig.  The motion was unanimously approved upon roll call vote.

Ordinance No. 924.28

First reading amending the zoning map of Kenton County for an approximate 93 acre parcel located on the Northwest side and Southeast side of Marshall Road between Petty Road and Pruett Road, Scott Kimmich reporting:  The attorney for the applicant of this zone change was advised that it would be inappropriate for him to be here to comment to the court.  If the court passes it at this meeting, it will be posted for second reading and he will be given the opportunity to appear before the court at the second reading, as well as anyone else that wishes to comment.  If the court chooses not to accept the findings and recommendations of the planning commission to be consistent with the views of the court, a public hearing would be set.  The recommendation is to proceed with the first reading adopting the findings of the planning commission for the zone change, as well as approving the conditions set forth in the recommendations by the staff and planning commission.

Commissioner Humpert asked if this property was directly behind the existing Manor Hill property on Marshall Road and Mr. Kimmich answered yes.  Commissioner Humpert also asked if this was an extension of the subdivision off of Taylor Mill Road and continuing over to Marshall Road and Mr. Kimmich said this was correct and the name of the subdivision will be called the Villages of Cherrywood.  Commissioner Koenig asked if there would be access off of Marshall Road and Mr. Kimmich said that under KCPC it says, "That a public sidewalk will be provided along the portion of Marshall Road fronting the development from the main entrance east to the property line," so clearly, the main entrance will be along Marshall Road.  Commissioner Black asked if there was access off of Skyway and Mr. Kimmich said the public right-of-way will be provided and maintained but not improved to either public right-of-ways of Sugar Camp Drive or Skyway Drive.  They will be required to provide and maintain the right-of-way in a grassy type area but having not been improved, it will not have a sidewalk as proposed in this development.

Judge Drees said it was always a bad idea if you have to go around the subdivision and other streets to get into the subdivision from the standpoint of police and fire protection.  Commissioner Black asked about the concerns of the bridge not being wide enough and if this was the bridge that was worked on years ago to make it wider.  Mr. Murphy said that an expansion was done of the bridge and he had recently learned about this project being in that area and the bridge is where the proposed right-of-way entrance way would be.  It would be West of Mills Road going back toward #16 and there were some questions on a turn lane.  Charlie Meyers has recommended that they look at this area again because it would interfere with one of the lane walls on the bridge.  They are looking into revising this and will get back with us, and we do not have any other information on this at the present time.

Commissioner Humpert asked where the entrance into the subdivision was and Mr. Murphy said that as you come off Marshall Road, you make a right and go back towards #16, it is about one mile on your right.  Commissioner Humpert said that on the map it shows that the bridge is in the middle of the development and if they take the entrance to the subdivision off the bridge after the creek, this would give access to the entire development without having to build another bridge.  Mr. Kimmich said that approving the zone change does not effect the location of the exact entrance.  That will be determined in the plat approval process and the county engineer will have to issue the encroachment permit for the developer to come out onto the road in a safe manner so that will be dealt with in the next stage of the development.  Commissioner Humpert asked if the land on the right side of Marshall Road is open space to help offset the per lot size in the development.  Judge Drees said they were doing the PUD so they can get more lots and have open space.  Mr. Murphy said where the turning lane was proposed on the bridge it was a little too short based on the area.  Commissioner Black said that she wanted it verified that the bridge was wide enough for two cars to pass.  Commissioner Humpert asked if there was enough distance past the bridge to start the turning lane to get into the property.  Mr. Murphy said that if the entrance was moved back a few back they would not have a problem.

Judge Drees asked for a motion and Commissioner Koenig made the motion to approve; seconded by Commissioner Black.  The motion unanimously passed with a roll call vote.  Judge Drees abstained from the vote.

Mr. Edmondson said this was approved upon recommendations and conditions as approved by the Kenton County Planning Commission.  Commissioner Humpert asked if they were agreeable to the 13 recommendations and Mr. Kimmich said it goes back to the plan approval.  If this is approved adopting the findings of the planning commission and also adopting the conditions set forth in their recommendations, the developer is held to those conditions unless he comes back to the court and asks for another ordinance and a public hearing.

Commissioner Humpert said he noticed the developer said something along the lines that Manor Hill does not want any part of them connecting with their trail system and our recommendation says that they are going to connect to the trail system.  Mr. Kimmich said it has to be considered when the Manor Hill subdivision was put in place there were public right-of-ways granted and they would not have the authority to fence and close that public right-of-way.  Commissioner Humpert asked if the trails were a right-of-way and Mr. Kimmich said yes they were as a part of the zone change that was approved for Manor Hill.

Consent Agenda

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

Administrative Actions

Handout No. 06-13

Award bid for golf carts to Cunningham Golf Car Company, Ivan Frye reporting:  The condition of the carts was discussed in a previous meeting and it was decided that the county needed new carts.  In the last few years the county has not bought carts in order to use the funds for other purposes.  Bids have been taken to replace the entire fleet and it is recommended that the bid from Cunningham Golf Car be accepted to purchase 200 carts and trade in 218 for the cost of $372,200.  The money will be advanced from the economic development fund and repay from the golf course with four annual installments.

Judge Drees noted the huge price difference in the bids and Mr. Frye said that in some instances the initial price is higher and a lower trade in.  For the most part, there is a better trade in from Cunningham because they are the Yamaha dealer and the county is trading in and buying Yamahas.  Judge Drees asked if the golf cart fees were being raised to help pay for the carts and Mr. Frye answered yes, and approximately $40,000 would be a good guess as to how much money this would generate.

Commissioner Koenig said he had been asking for years to have different rates on weekdays and weekends and now he would leave this in the Judge's capable hands to make it happen.  Mr. Frye said this was done at Fox Run and this has been looked at and the decision is that it is detrimental to the other two golf courses.  A different golfer is attracted to Fox Run than at Pioneer and Willows.

Judge Drees asked for a motion and Commissioner Humpert move that the bid be accepted; seconded by Commissioner Black.  The motion unanimously passed upon roll call.

Handout No. 06-14

Request that the property located at 8464 Decoursey Pike be declared surplus and grant permission to advertise it for sale, Scott Kimmich reporting:  Mr. Kimmich said this was another property that was purchased under the tax program and it is recommended that it be put up for sale.  Judge Drees asked Mr. Edmondson if this was one of the properties he had put up for sale and he answered yes, that it was paid for out of his funds and it was in the fiscal court's name so it can be sold and put back on the tax rolls.

Commissioner Black made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with a roll call vote.

Executive Orders

Executive Order No. 06-12

Approval of hire of Melissa Maschinot as license inspector in the Kenton County treasurer's office:  Commissioner Humpert made the motion to approve; seconded by Commissioner Black.  The motion was unanimously approved on a roll call vote.

Citizens Address

Mr. Randall Wagner had signed up to address the court.  He said he felt at home in the courthouse because his mother had worked in there.  He said he wished to talk to the court about six students/graduates at Simon Kenton that had been remarkable on the wrestling team.  He said he thought they were the first family of wrestling in Kentucky and their names are Austin, Josh, Neal, Brad and Craig who are the sons of Dan and Lisa Cooper and Mark and Jean Cooper of Morningview in Southern Kenton County.  These five young men have appeared in 24 championship tournaments in Frankfort and they have scored in 18.  They have kept a beautiful scrapbook of all of their titles and the titles they have worn are as follows:  Austin was this year's state champ at 160 pounds winning 56 wrestling matches this year and was not defeated; Josh won four medals in five state appearances and he lost this year in the state championship matches; Neal was first place in the 159 pounds in 2005; Kyle was first place in the 145 pounds in 2004; Brad won three state titles in 119 pounds in 2001, 130 pounds in 2002 and 135 pounds in 2003; and Craig was first in 2002 in 152 pounds.  It is hoped that the fiscal court can give them recognition commenting on their accomplishments so it can be placed in their scrapbook that they can pass on to their kids for generations to come.

Mr. Wagner also said the stop light at Shaw Road and the one at Pelley stays on entirely too long.  It does not have a sensor light and there is a lot of traffic in the mornings and may be the court could check into this.  Judge Drees said the state would have to be checked for this and the recognition of the athletes could be made at the next meeting.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing further to report.

COUNTY TREASURER-Ivan Frye:  The memorandum regarding the paper products was just given to the court because it came up today.  There is a contract duly bid and awarded to Xpedx for paper products and chemicals used throughout the county.  The costs have gone up for materials and the cost of the products for the county has also risen; unfortunately, they neglected to tell the county this and were charging a higher rate until it was caught.  The county is holding some invoices and it is being asked of the fiscal court to terminate the contract and authorize the county to go back out to bid for these products.  The county cannot give them an arbitrary increase in prices without testing the market.  The county wishes to purchase these items by quotes on the quantities we need during the month of March until such time as the county can advertise and receive new bids.  Each time the county buys, quotes will be taken and we will buy from the lowest quoted market price.  Judge Drees said he wanted to thank the treasurer's office for catching this mistake and Mr. Frye said credit should be given to Patty Bates in the detention center for catching the over priced items.  Judge Drees said great and that she was doing a good job.

Mr. Kimmich said the action of the court should be to put the vendor on notice of the termination of the contract on the basis that they failed to perform within the guidelines of the specified time and cost.  Mr. Frye said they were aware of this and they cannot live up to the terms of the contract.

Commissioner Humpert made the motion to cancel the contract with Xpedx and go out to bid for the new contract.  The motion was seconded by Commissioner Koenig and was unanimously approved upon roll call vote.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

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

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Said she wished to commend the parents and especially the mothers of the wrestlers for fixing the meals and raising sons that were that dedicated.

She also said she wanted to remind the citizens one more time about the ongoing recycling effort for the animal shelter to benefit the animal adoption center fund.  There are three huge bins to hold the paper and every time these are filled the animal shelter receives a percentage.  She said she wanted to thank everyone for their participation and thanked the fiscal court ahead of time for the funding that will be available in the new budget.

Judge Drees said he had to go pick up some cat food and thought about maybe putting up signs for the shelter in the pet stores.  Commissioner Black said she thought this was a great idea and would like to have an area where people can adopt pets and would love to be able to work with some of the pet stores.  Ultimately, it is about the bottom line of having the pets neutered and spayed and also getting more adopted.  An adoption center for animals will make for increased awareness and what is happening in the area.

COMMISSIONER DAN HUMPERT-Nothing further to report.

COMMISSIONER ADAM KOENIG-Nothing to report.

Deputy Judge Kimmich said that in the caucus preceding the court meeting a budget preparation schedule was received from the county treasurer, and in accordance with the statutes, this is supposed to be adopted by resolution.  It is being asked by the fiscal court to consider adoption of the resolution of the Kenton County Fiscal Court adopting the budget preparation schedule for FY 2006-07.

Commissioner Humpert made the motion to adopt; seconded by Commissioner Black.  The motion was unanimously approved with the vote of aye.

Deputy Judge Kimmich said that under the Robert's Rules of Order, he wanted to ask the clerk to include in the minutes that Judge Executive Ralph A. Drees was present at this meeting but did not vote on Ordinance No. 924.28.

Judge-Executive's Report

Nothing to report.

Executive Session

There was no executive session called.

Adjournment

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