KENTON COUNTY FISCAL COURT

M I N U T E S

March 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; Jailer Terry Carl; Fleet Management and Solid Waste Director Roger Wells; Assistant County Attorneys Brandon Voelker and Stacey Hege; Court Reporter Cathy Johnston; and Guests.

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 March 14, 2006.  Commissioner Koenig made the motion for approval; seconded by Commissioner Black.  The motion was unanimously approved with the vote of aye of court members that were present at the meeting.  Commissioner Humpert abstained from voting because he was absent on March 14 because of a death in his family.

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

There were not any resolutions to come before the court.

Ordinances

Ordinance No. 924.28

Second 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, Deputy Judge Kimmich reporting:  The developer and his attorney were both present at the meeting, so if the court had any questions they would be available to answer them.

Judge Drees said Commissioner Black and he had driven out to look at the property.  Commissioner Black asked for the number of single family homes that would be in the development and Mr. Bill Kreutzjans came forward to answer the court's questions and said there would be 214.  Commissioner Black asked how many cars the stacking turn lane would hold and Mr. Kreutzjans said it would hold two.  Judge Drees asked if there wasn't 70 feet shown on the plan and Mr. Kruetzjans said that at a meeting they had it was determined that they could only do 70 feet.

Judge Drees asked for a motion and Commissioner Humpert made the motion for approval.  Mr. Kimmich said the record should state that the court is making a motion to approve having adopted the findings of fact established by the planning commission and setting forth the adopted conditions as placed on the project by the planning commission.  Commissioner Humpert said his motion still stands and Commissioner Koenig seconded the motion.  The motion was unanimously approved upon roll call.  Judge Drees was present at court but did not vote.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  There were no questions from the court regarding the claims list.  Judge Drees said warrants will be issued and the bills paid.

Administrative Actions

Handout No. 06-17

Surplus list of cars and authorize disposal by auction of this list and other vehicles, Roger Wells reporting:  The list that was presented to the court is one of vehicles and equipment that either have excessive mileage or the equipment is obsolete.  The items will be sold at auction on May 20 at the Kenton County Fairgrounds.  Commissioner Black made the motion; seconded by Commissioner Koenig.

Commissioner Humpert said this looks like a lot of cars and asked how long it had been since an auction had been held.  Mr. Wells said there is usually one held every year but this is items that are being weeded out and is no longer usable.  Also, the drug strike force and police department had some vehicles that were seized and were not feasible to go into the fleet.  Commissioner Humpert asked if this would be publicized and Mr. Wells said there would be several ads in the paper.  Commissioner Humpert asked if any other entities would be in on the auction and Mr. Wells said that all of the cities in Kenton County had been asked and some of the cities had sent items.

The motion unanimously passed with the aye vote.

Executive Orders

Executive Order No. 06-15

Reappointments of Andrew VonLehman and John Brooking for four-year terms to the Northern Kentucky Port Authority, effective March 1, 2006:  Judge Drees said they had been on the committee for a long time and it meets once a year.  Commissioner Black made the motion for approval followed by a second from Commissioner Humpert.   The motion passed with the unanimous vote of aye.

Executive Order No. 06-16

Appointment of various employees to serve as part-time maintenance for the golf courses:  Commissioner Koenig moved for approval; seconded by Commissioner Humpert and the motion unanimously passed with the aye vote.

Executive Order No. 06-17

Transfer of various part-time employees to different positions for the golf courses:  Commissioner Humpert moved for approval; seconded by Commissioner Black and the motion unanimously passed with the aye vote.

Executive Order No. 06-18

Employment of various employees for the clubhouse at the golf courses, effective March 28, 2006:  Commissioner Koenig made the motion for approval followed by a second from Commissioner Humpert.  The motion unanimously passed with the vote of aye.

Executive Order No. 06-19

Employment of various employees for the parks department, effective April 3, 2006:  Commissioner Black made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with the aye vote.

Citizens Address

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

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing to report.

COUNTY TREASURER-Ivan Frye:  Nothing to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Had passed out to the court a memorandum concerning the Northern Kentucky governmental purchasing interlocal agreement that needs to be extended.  The original interlocal agreement that was entered into in 1995 allowed it to be extended for another 10 years upon the agreement of the parties.  The cities and the treasurer are desirous of extending it so a motion is needed to extend the agreement for an additional 10 years.

Commissioner Humpert said he noticed there are some cities listed on the agreement and asked if an effort had been made to open it up to other cities.  Mr. Frye said it was sent out to all cities last fall and the ones listed are the ones that chose to adopt it.

Judge Drees asked for a motion and Commissioner Koenig made the motion to adopt; seconded by Commissioner Humpert.  The motion unanimously passed with a roll call vote.

Also, given to the court by the county attorney was text for an ordinance of zoning for sexually oriented businesses for the first reading.  The text has gone through public hearings at the planning commission and has been recommended by them to the fiscal court, as well as to all of the cities.  Before the second reading by the court, someone from the county planning commission and/or the area planning commission will be scheduled to come and do a presentation.  This adopting has to be based upon the court being generally familiar with the studies that were placed in the boxes in the fiscal court offices.

Commissioner Humpert said this was the first time he had seen the ordinance and asked if the first reading should be approved now and have the second one at the next court meeting.  Judge Drees said yes to have the first reading now and to schedule the next one for the next meeting.

Commissioner Black asked if the text of this ordinance was what the court had been working on before and Mr. Edmondson said no that was the operational ordinance for licensing and that is in place.  This ordinance pertains only to the zoning.  Commissioner Humpert asked if this could be put on the website and Mr. Edmondson said that it was on his website and it could be put on the county's website.  Mr. Kimmich said there were also blanks that cite statutes and Mr. Edmondson said this needs to be filled in before the next meeting.

 Commissioner Humpert made the motion to approve the ordinance on first reading at this meeting; seconded by Commissioner Black.  The motion was unanimously passed with the vote of aye.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Said she wished to thank the county attorney for staying on project with the sexually oriented business issue.  She said while traveling through other communities in and outside of Kentucky, it was amazing where local officials have let down their guard or is uneducated on this issue and the vibrant business communities that start deteriorating and going downhill as they let the sexually oriented businesses come in.  This affects the tax base, the health of the businesses, increases crime and prostitution, drug use problems and is a very negative thing for the communities.  Our county also has elected officials concerned about this issue on behalf of their citizens and businesses.  There are many counties in Kentucky that are thinking about or coming up with ordinances to prohibit this type of business.  She also said that she thought Kenton County was on the cutting edge and setting the pace to keep out these businesses and she was grateful for that.

Mr. Edmondson said that because of our licensing ordinance we had already gotten rid of one business.  The lady that had it said she wanted to sell it because she could not make any money.  When the persons who wanted to buy it came by the office and went over the ordinance, they said they could not make any money here so they ultimately did not buy it.

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER ADAM KOENIG-Said he had a presentation to make.  There was a ceremony at Simon Kenton High School called "Welcoming Home Local Heroes."  There were a few past graduates who were honored in the ceremony and Commissioner Koenig went and gave an award to Ben Wilson, one of our patrolman for an heroic deed he had performed.  Commissioner Koenig said he wished, on behalf of Senator Damon Thayer, to bring before the court Joe Murphy to give to him a citation.

Commissioner Koenig read the citation to the court regarding Mr. Murphy's performance as a leader and road supervisor in Kenton County.

Mr. Murphy thanked Senator Damon Thayer, Commissioner Koenig and the court for the citation.

Judge-Executive's Report

Judge Drees said he had nothing further to report.  The court does need to go into executive session pursuant to KRS 61.810, Section 1, Subsection C.

Executive Session

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

The session business being completed, Commissioner Black made the motion to come out of executive session.  Commissioner Humpert seconded the motion and it passed with the unanimous vote of aye.

Adjournment

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn.  The motion was seconded by Commissioner Koenig and passed unanimously with the vote of aye.