KENTON COUNTY FISCAL COURT

MINUTES

JANUARY 11, 2005

The meeting was called to order at 9:10 a.m. by Kenton County Judge Executive Ralph A. Drees at the Independence Courthouse.  Present at the meeting were 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; County Clerk Bill Aylor; Assistant County Attorney Brandon Voelker; Special Projects Manager Ralph Bailey; Assistant County Attorney Stacey Hege; Court Reporter Cathy Johnston; and Guests.

Commissioner Humpert delivered the invocation and led the pledge of allegiance.

APPROVAL OF MINUTES

Commissioner Black made the motion for approval of the minutes with a correction she and Commissioner Humpert had previously given to the clerk.  Commissioner Humpert seconded the motion and it was unanimously approved with the vote of aye.

DELEGATIONS

Year-end squad reports, Ed Burk reporting:  A copy of the report had previously been given to the court that Mr. Burk went over (attached to the minutes).  Judge Drees asked if there were any questions and Commissioner Black asked about the difference between the 10,345 in January of 2004 and the 9,571 in December.  It was also asked if the 981 purged in March were included in this count and Mr. Burk answered in the affirmative.

Commissioner Koenig stated that he very much appreciated the reports.

Letter of appreciation presentation to Dr. David Suetholz:  Jailer Terry Carl was not present and Judge Drees announced that Mr. Carl wished to voice his appreciation for the job Dr. Suetholz had done during the period that a permanent physician had not been retained for service to the prisoners in the jail.

Northern Kentucky Area Planning Commission one-stop shop program, Director Dennis Gordon reporting:  Mr. Gordon said there were a number of contracts that had been signed with cities and the program is moving forward.

Deputy Judge Kimmich said there were levels of service that were available under the one-stop shop and the first level of service cost the units of local government nothing to participate.  These fees are all borne by the individual utilizing the service.  Mr. Kimmich asked Mr. Gordon to explain the next level of service.

Mr. Gordon said the next level of service provides the building inspection program including the review, inspections, the keeping of all records, and the interactive site for free.  Level two has the property maintenance code; specifically, the 2003 edition of the International Property Maintenance Code that is widely accepted that consists of about 20 pages.  This deals with items such as junked cars, tires, tall grass, buildings falling into disrepair, and perhaps, in some actions not taken proactively.  This code does provide for demolition if a structure gets to this point.  There is a gray area between the zoning ordinance and the property maintenance code as to which ordinance provides the local government with the greatest ability to get something done in a short period of time.  The total cost is taken times 25 percent and this is what is billed for services under level two.

Judge Drees asked what cost this would be to the county.  Mr. Gordon answered that it would be 25 percent of the planning commission's cost.

Mr. Kimmich asked the court to adopt by summary and title the one-stop shop using levels one and two and the ordinance will be submitted in final form at the next meeting for final adoption.  It is important to send the message of moving forward because we are continuing to pay the inspection fees at 100 percent of cost, whereas if we are part of the consortium, we will be paying 25 percent of the cost.

Mr. Kimmich said this would be the first reading of an ordinance amending the Kenton County Code of Ordinances adopting the one-stop shop as the official means by which the county will provide for building inspections and codes enforcement as provided in levels one and two.

Commissioner Humpert made the motion; seconded by Commissioner Koenig.  The motion unanimously passed upon roll call.

Attorney Edmondson said the county had adopted the maintenance code several years ago.  It is a little vague on whether or not it intended every so often to do updates and it may be a good idea to also have a first reading on an ordinance that would adopt the current version of the 2003 International Property Maintenance Code and any subsequent amendments to this code by that organization.

Commissioner Humpert made the motion with a second from Commissioner Black.  Mr. Kimmich asked if this could be included with the second reading of the one-stop program, and Mr. Edmondson answered that this has to be separate.  Judge Drees asked for a roll call whereupon the motion unanimously passed.

Mr. Gordon asked Mr. Edmondson if the court had already taken action on the 2002 resident code and Mr. Edmondson answered yes that they had.

GENERAL BUSINESS

There was not any general business presented to the court.

RESOLUTIONS

There were not any resolutions to bring before the court.

ORDINANCES

ORDINANCE NO. 121.18-Second reading of the fiscal court meeting schedule for January – December, 2005:  Judge Drees asked for a motion.  Commissioner Black made the motion; seconded by Commissioner Koenig.  The motion unanimously passed with an aye vote.

ORDINANCE NO. 121.19-First reading amending the code of ordinances regarding the Kenton County administrative code, Scott Kimmich reporting:  Judge Drees said there needs to be a change on the New Year's Eve holiday.  Mr. Kimmich said that if New Year's Day falls on either a Tuesday or Thursday the Judge Executive may add an additional day to the holiday schedule for that calendar year.

Judge Drees asked about the sick leave policy in that 40 hours of sick leave could be converted to 40 hours vacation and asked how much sick leave is granted per year.  Mr. Shriver answered there were 12 days of sick leave per year and a balance of 208 sick leave hours is needed in order to convert with some restrictions and the employee must not be entitled to three weeks vacation.  This was an older section whereby individuals that did not have very much vacation time and came to work on a very regular basis and hardly used any sick leave the ability to convert some of the sick time to vacation time.  This part is not being amended under the current ordinance, and this may be looked at in the future.

Judge Drees said the only thing that was changed was that the employee would receive two personal days.  Commissioner Humpert said the revised copy was just received and that it says one personal day.  Mr. Kimmich said President's Day was being honored this year and the ordinance does not take effect until March 1.  The two personal days start in January, 2006.

Judge Drees asked for the motion to approve.  Commissioner Black made the motion with a second by Commissioner Koenig, and the motion was unanimously approved upon roll call.

ORDINANCE NO. 451.10-Second reading amending regulation pertaining to sexually oriented businesses, Garry Edmondson reporting.  This is the ordinance that was adopted at the end of the year by emergency and a second reading needs to be done in case this is challenged.

Commissioner Black made the motion to pass; seconded by Commissioner Koenig.  The motion unanimously passed following roll call.

ORDINANCE NO. 451.11-First reading amending regulation pertaining to sexually oriented businesses, Garry Edmondson reporting:  This is a first reading that is another change and we are reasonably confident is the last one.  This ordinance is a result of our interim settlement of the effectiveness of the SOB ordinance.  There are a few more typo changes and there was a case that was heard in Cincinnati that talked about the processes of appeals.  It is not known what that court is going to rule but we are in the advantageous position of anticipating what they may do and fix it before it happens.  There may be a situation where a separate hearing officer will be needed.

Rollie Richardson is our licensed inspector and has already started the job.  If Rollie should make a decision the operators are unhappy with, there is a provision in the ordinance about having a hearing with an officer.  This ordinance lays out some very specific detailed processes by which this hearing would be conducted by the hearing officer and gives a basis for the way a decision would be made.

The fiscal court will also need to by executive order appoint a hearing officer.  Four operators have already made an application for relief from the setback from the stage requirements and if Rollie does not decide the way they want it, they have a right to have a hearing and this is where the hearing officer comes into play.  We need to appoint a hearing officer at the next meeting to serve for a four-year term.

Judge Drees asked for a motion to approve and Commissioner Black made the motion; seconded by Commissioner Humpert.  The motion was unanimously approved upon roll call.

ORDINANCE NO. 924.25-First reading of a proposed text amendment to the Kenton County zoning ordinance, Scott Kimmich reporting:  The biodiesel refinement text amendment was on the agenda at the last meeting and some additional time was requested relating to specifics of the operation.  Mr. Ralph Greime is present at the court representing the individual who is interested in operating this business.

Commissioner Humpert asked if he was there to make a presentation and the questions asked by the court had to do with the materials that come into the facility and what happens between the coming in and leaving, and the process that goes on between these two times.

Mr. Greime said he was there representing Alan Henry, the individual that is starting the company and wants to lease the building in the unincorporated area off of Erlanger-Crescent Springs Road on Floridian Drive.  Basically, the company takes used vegetable oils such as what is used to make potato chips and other large quantities coming from a collection process that comes in by tank car.  The tank car is hooked up to a pipe at the rail site and it pumps into a process inside the building that is totally enclosed and is never exposed to the air.  Other substances are mixed with this that causes esters to separate from the rest of the oil and the esters are used either as an additive with regular petroleum away from the site or it can be directly used for fueling vehicles.  The reason it is called biodiesel fuel is that it comes from agricultural products and is biodegradable.  It improves the diesel fuel when mixed and it burns cleaner and burns very clean when directly used.  TANK and metro have used this product that was produced by other companies in tests as a way of cutting down on pollution.  This product is piped back on to rail cars and shipped away.

The reason this particular site is important is because there is not another building between here and Lexington and Louisville that has a rail site that could be found to do this process.  Since this process never gets exposed to air and there are no environmental issues, it fits the concept of an industrial park because it is totally enclosed within a building.  There are not any residences in a close proximity to the property.  A turkey farm is on one side, R. A. Jones and the industrial subdivision is across the expressway, and on the east side is the district six office of the Kentucky Transportation Cabinet.  There is currently a rail site to this building that was primarily the Prime Resource building and you can still see the sign.  Prime Resource was a building products supplier and had outside storage.  Behind it is the Arling Lumber Company that is a big lumberyard and a building products supplier.

Commissioner Humpert asked for the distance of the closest residence to the facility.  Mr. Greime said he did not know the distance but if you go behind the district six office, Crescent Park is there and those homes would be the closest in the single family sense.  Further south there is Lakeside Apartments.

Judge Drees said Lookout Farms would be across the railroad tracks and part of this is adjacent to this property. 

Commissioner Humpert said there were Lookout Farm condos on the far backside.  Mr. Greime asked if these butted against the Arling Lumber Company and Judge Drees said he did not think they went that far south.  Mr. Greime said this property was on the expressway where it crosses over Erlanger-Crescent Springs Road.  On the north side is R. A. Jones in a blue building that sits across on the expressway.  Commissioner Humpert asked what was this distance?  Mr. Greime and Judge Drees agreed this would be approximately three-quarters of a mile.

Commissioner Black if the vegetable oils to do the processing were in solid form?  Mr. Greime answered that it was in liquid form and there are companies that collect these oils from a variety of sources.  Commissioner Black asked if there were any other products besides the vegetable oils that are brought in and used in the plant.  Mr. Greime answered there were not any of which he is aware.  Used oils are primarily utilized because they are cheaper but oil that has never been used can also be used and that is what is meant by other types of oil.

Commissioner Black then asked how ventilation is provided.  Mr. Greime said it is all within a piping system and there are settling systems that take all of the solids and the evaporations and nothing is put into the sewer system that is not as clean as the water.  Mr. Greime said there is not any ventilation since it all goes through a piping system and is mixed with other things that causes a settling process and these items are separated.  That which is used for esters is put into a tank for storage or directly into a tank car that hauls it away.  The solids that come out are dry and become poultry and animal feed.

Commissioner Humpert asked if there were other byproducts with which the court should be concerned from a sanitation or solid waste standpoint.  Mr. Greime said from all that he understood, the answer is no.  Everything is a self-contained process and the byproduct is a solid and not a large quantity and is eventually used to make pet and poultry feed.

Judge Drees said that it shows on the computer the plant would be 260 feet away from the condos at Lookout Farm.  Mr. Greime said he did not have a map but he could bring one to the next meeting.  Commissioner Humpert asked if there could be an actual map because he would like to see it and would like to visit a biodiesel refinement facility.  Mr. Greime said the closest one that is operating according to his client is located in Louisville.

Mr. Kimmich said he would like to ask the county attorney about the terminology used in the recommendation from the planning commission that is referred to under Section 10.22, IP Zone, that they are recommending the addition of "Biodiesel refinement" in Subsection B.  Griffin Industries provides an operation where dead animals can be taken and the body fat is broken down and used for biodiesel.  Under this definition that says "Biodiesel refinement", could a similar operation although it is not what Mr. Greime's plan is proposing, be a permitted use if this phrase is used in our zoning code.

Mr. Greime said he did not think Griffin Industries used animals to make biodiesel fuel.  The animals byproducts that are picked up from butcher shops are made into tallow and things like this that are used for other types of processes.  It is the understanding all of their biodiesel products are made from vegetable oils as well.  This process does not involve anything with meat.

Mr. Kimmich said he understood this, but would this be a permitted use if this is the definition.  Mr. Edmondson said if this is what biodiesel is, and he did not know that, an expert would be needed to tell what biodiesel means.

Commissioner Humpert asked Mr. Greime if his client could give a definition of this and if he was an expert.  Mr. Greime answered yes that he certainly could.  Commissioner Humpert then asked if the ordinance could be tabled until the next meeting and there could also be a map.  Mr. Greime said yes a presentation could be given.

Mr. Edmondson said a first reading could be done at this meeting and Commissioner Humpert said he had rather it be tabled and that it would be left on the table.

Mr. Greime said if further information was needed before the next meeting, Deputy Judge Kimmich has his information.

CONSENT AGENDA

CLAIMS LIST-Judge Drees asked for any questions regarding the claims list.  There were not any questions asked and the treasurer could pay the bills.

Judge Drees said Crescent Springs had had a tough time with snow removal on the Crescent Springs-Bromley Road.  There was another road that was located in the county and they need to be paid.  Mr. Kimmich said the amount was $15,000 based on 4.6 miles.  When this is rounded off it would be five miles which is $7,500 due and payable to Crescent Springs where they are maintaining unincorporated Kenton County roads that are in the city of Crescent Springs and keeps us from running trucks to that side of the county.

Commissioner Black made the motion that this be added to the claims list with a second by Commissioner Humpert.  The motion passed with the unanimous vote of aye.

Judge Drees said it needed to be clarified as to what part of the road should be cleaned and notify Fort Wright as to what their responsibility is when clearing the roads after a snowfall.

QUARTERLY REPORT, Ivan Frye reporting:  Mr. Frye said a copy of the report had been presented to the court which is the regular December report and financial statement.

HANDOUT NO. 05-01-Authorization of approval for sheriff's county revenue bond and county clerk's bond, Ivan Frye reporting:  The court has received the bond for the clerk and sheriff.  There are two bonds on behalf of the sheriff-one is a personal fund for the county levy and the other is a bond schedule that is renewed each year for all of the deputies in each of the two offices.

Judge Drees asked if this was an expense of the sheriff's department and Mr. Frye said it was an expense of the individual office holder for his personnel, but it is paid as a part of the county's insurance billing and their office is billed at the end of the year.

Commissioner Koenig moved for approval; seconded by Commissioner Humpert and the vote unanimously passed with an aye vote.

HANDOUT NO. 05-02-Authorization to accept bid for mowing contracts:  Mr. Frye said there was one for the right-of-way mowing at the cost of $4,856 per mowing, and it is estimated there will be three mowings this coming season.  The other one is the mowing for a number of parks and these are the lowest bids that were received.

Commissioner Koenig moved for approval with a second by Commissioner Black.  The motion was unanimously approved upon roll call.

Mr. Frye said that his office is notifying the company that we also took bids on those portions of county roads that go through cities.  We are not awarding these contracts but the city will be notified that we did take bids, who the low bidder was, and it is up to the city as to whether or not they will utilize the contract and the county will ask the company to honor their portion.

Judge Drees asked how these bids compared to previous years and Mr. Frye said they were lower.

HANDOUT NO. 05-03-Requesting approval of Kenton County Clerk's budget, Bill Aylor reporting:  Mr. Aylor said the total increase of the payroll this year is approximately three percent.  The item the office does not have control over is our share of the retirement for employees that is increasing over 25 percent.  These numbers reflect an increase of five percent that was put in for health insurance.  The total increase for actual salaries is a little less than $4,000 per month making it less than $50,000 per year.

Commissioner Koenig pointed out that the numbers reflect that we will be spending more than we will take in, but this is not really expected to happen this year.  First of all, this process is somewhat hindered by the process that we still do not have the official 2003 audit and the 2004 calendar receipts do not reflect the December money that comes in because we do not know what that will be until the end of January.  In actual numbers in the general term order from the previous year, we requested $2,477,000 and we are requesting $2,471,000 this year and that is an actual decrease.

A report was received from Information Technology that since going online with record room information, the funds received for our office are approximately $45,000 for the past six months.  An increase in revenue is looked for in these funds for the next year that is not reflected in these numbers.

Judge Drees asked for a motion to approve.  The motion was made by Commissioner Humpert; seconded by Commissioner Koenig.  The motion unanimously passed following roll call.

Mr. Kimmich said the county clerk had submitted a detailed line item budget and a copy of this was in the commissioners' packet.

HANDOUT NO. 05-04-Acknowledgement of the bond for Ronald Ferrier, constable:  Mr. Kimmich said the elected officials had the choice of purchasing a bond for the term of office or an annual bond and it is submitted for acknowledgement of the fiscal court.

Commissioner Humpert made the motion for approval with a second by Commissioner Black.  The motion unanimously passed with the vote of aye.

EXECUTIVE ORDERS:

EXECUTIVE ORDER NO. 05-01-Appointment of Charles Tappan to the board of directors of Sanitation District No. 1:  Judge Drees said Mr. Tappan was a businessman in the community and an attorney.

Commissioner Humpert asked Judge Drees who Mr. Tappan was replacing on the board and the answer was Rick Kennedy who is not asking for reappointment.  Commissioner Koenig made the motion for approval followed by a second from Commissioner Black.  The motion unanimously passed with the vote of aye.

EXECUTIVE ORDER NO. 05-02-Reappointment of Richard Thomas and Nick Ziegler to Rosedale Manor Nursing Home Board of Directors:  Commissioner Black made the motion; seconded by Commissioner Koenig.  The motion unanimously passed with the vote of aye.

EXECUTIVE ORDER NO. 05-03-Appointing members of the Kenton County Recreation Commission for terms to commence on February 1, 2005:  Judge Drees said this is a new commission.  Commissioner Koenig moved for approval with a second by Commissioner Black.  The motion unanimously passed with an aye vote.

EXECUTIVE ORDER NO. 05-06-Reappointment of Rick Wessels to the Building Appeals Board for a term of two years:  Judge Drees said the expiration of the term shown on the executive order should be changed to August 8, 2007, making the date retroactive to the date his term should have commenced.

Commissioner Humpert moved for approval with a second by Commissioner Black.  The motion was passed with a unanimous vote of aye.

EXECUTIVE ORDER NO. 05-07-Appointment of Judge Executive Ralph A. Drees as representative of the OKI Regional Council of Government:  Judge Drees said that Deputy Judge Kimmich would be the actual representative to OKI that would be in another executive order to be presented at the next meeting.  Judge Drees asked if this could not be included in the current executive order and Mr. Kimmich said it could be added.

Commissioner Black moved for approval of the amended executive order with a second by Commissioner Koenig.  The motion unanimously passed with an aye vote. 

EXECUTIVE ORDER NO. 05-04-Appointment of Aduke Sonubi as community services accounts manager in the treasurer's office:  Commissioner Black made the motion for approval; seconded by Commissioner Humpert, and the motion unanimously passed with the vote of aye.

EXECUTIVE ORDER NO. 05-05-Approval of employees' holiday schedule for calendar year 2005:  Commissioner Humpert moved for approval with a second from Commissioner Black.  The motion unanimously passed with the vote of aye.

CITIZENS ADDRESS

There were not any citizens present that wished to address the court.

ADMINISTRATIVE REPORTING

DEPUTY JUDGE EXECUTIVE-Mr. Kimmich:  It is appropriate to designate someone to preside in the absence of the County Judge Executive consistent with the emergency operations plan.  Commissioner Koenig made the motion to appoint Commissioner Humpert; seconded by Commissioner Black.  Upon roll call vote, Commissioner Humpert abstained, Commissioner Black vote yes, Commissioner Koenig vote aye and Judge Drees voted yes.

TREASURER-Mr. Frye said that area planning would be using the pentamation software that will be operating on our computer system and we will do the actual contract on their behalf.  Mr. Frye asked the court to authorize the Judge to enter into the contract on their behalf.  The planning commission already has approval from their board to make the purchase.

Judge Drees asked for a motion that was made by Commissioner Koenig; seconded by Commissioner Humpert.  Commissioner Black asked if the county would be providing any staff time hours or training for which we should be reimbursed.  Mr. Frye answered that we would be and that they are operating on our network and they have been given an estimate as to the costs involved.  The motion unanimously passed with the aye vote.

HUMAN RESOURCES DIRECTOR-Nothing to report.

COUNTY ATTORNEY'S REPORT-As a result of the mayors group meeting, the county has undertaken a study as to how the taxes are collected and spent in Kenton County.  Attorney Hege will also be working on this.  One of the things being done is getting audits and budgets from all of the taxing districts throughout the county for the last three years.

COMMISSIONER BARBARA BLACK-Nothing to report.

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER ADAM KOENIG-Said he would like to recognize Rick Kennedy for his many years of service at the sanitation district.  He gave a lot of time and effort to the community and he wished to thank him on behalf of all the citizens of Northern Kentucky.

Deputy Judge Kimmich said a proclamation could be issued at the next meeting honoring him for his years of service.

JUDGE EXECUTIVE'S REPORT-Said he had a check for the county that Rosedale Manor owes for their rent in the amount of $12.00 so they are up to date.

EXECUTIVE SESSION

An executive session was not called.

ADJOURNMENT

Commissioner Humpert made the motion for adjournment with a second by Commissioner Black.  The meeting was adjourned with a unanimous aye vote at 10:25 a.m.