KENTON COUNTY FISCAL COURT
M I N U T E S
MAY 8, 2007, 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, Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; County Engineer Charles Meyers; Special Projects Manager Ralph Bailey; Sheriff Charles Korzenborn; Assistant Public Safety Director Kirk Rinehart; 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 Humpert.
Approval of Minutes
Judge Drees asked the court for approval of the minutes dated April 24, 2007. Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert. The motion was unanimously approved with the vote of aye.
Delegations
Colonel Ed Butler to recognize Kenton County officers going above and beyond the call of duty ensure the arrest of an individual involved in a burglary in Fort Mitchell: Chief Butler said he wished to recognize the efforts of three police officers in the department for going above and beyond the call of duty. The Greyhound Grill in Fort Mitchell was robbed, the robber took off on foot and Officers Ben Wilson, Brett Benton and Tommy (canine partner) responded to the call to find the subject. He was hiding in a wooded area across the street and a tragic situation was averted because of the efforts of the officers and Tommy. The officers ordered the robber to show his hands and give up and when he came up he was still armed with a pistol. Officer Benton released Tommy and he was able to help with the apprehension of the suspect. Unfortunately, the suspect got off one shot injuring only him but he was not successful in his suicide attempt that was largely averted by the officers' efforts. This is only one of many incidents of the great jobs they have done since they have been together.
Chief Butler said he had invited Police Chief Hensley and Mayor Holocher to the fiscal court because the incident happened in their jurisdiction and their officers had done a great job of securing the scene. Officer Wilson was on vacation and Officers Benton and Tommy came before the court for their commendation to the applause of everyone present.
Judge Drees asked Mayor Holocher if he would like to speak to the court. The Mayor said this was an incident that needed the help and assistance from many different departments and he wished to thank the Kenton County Police Department; in particular, Chief Butler for assistance in apprehending the robber as well as Officers Wilson, Benton and Tommy.
Judge Drees read a letter of commendation for Officers Benton and Tommy to the court regarding their work in the apprehension of the suspect and Judge Drees praised the officers for their work and help in the Kenton County Police Department.
Nursing Home Week Proclamation: Judge Drees asked Mr. Norman Owen to come forward to receive the proclamation which was read by Deputy Judge Executive Scott Kimmich. The fiscal court was given thanks for the recognition of nursing home week.
Sheriff Charles Korzenborn: Sheriff Korzenborn said two long-time service deputies were retiring from his office and both were distinguished, highly decorated military personnel. He said he would like to present them with their side arms when they retire on May 31, and had a check in the amount of $400.00 made out to the fiscal court for the side arms.
Judge Drees said for public information, the Sheriff cannot simply give the side arms away so he will take $200.00 for each one out of drug money and the court will put this back into the general fund. It is really a pass through.
Sheriff Korzenborn said they will be retiring on May 31 and Judge Mehling is having a party for them in Judge Stephens' old office and the fiscal court is invited.
Deputy Judge Kimmich said a motion is needed from the fiscal court to declare the two weapons as surplus property, taken off the inventory list, and authorize the County Judge to transfer ownership to the Sheriff in receipt of the check for $400.00. Commissioner Humpert made the motion with a second from Commissioner Knochelmann. The motion unanimously passed with the aye vote. Sheriff Korzenborn thanked the court for their generosity and said he would see the fiscal court members on May 31, 12:00 noon, at the party.
General Business
Review of recommendation of denial of zone change for 38 acre site from an A-1 (agricultural one zone) and R-1B (single family residential zone) to an R-1CD (PUD) (a single family residential zone with planned unit development overlay zone) generally located on the West side of Staffordsburg Road between Maverick and Visalia Road, approximately 1,200 feet South of Maverick Road in unincorporated Kenton County: Judge Drees said this zone change was turned down by the Kenton County Planning Commission (KCPC) and said it is the fiscal court's intent to take action on this change today.
Mr. Andrew Videkovich, Northern Kentucky Area Planning Commission, came forward to address this issue. He said they wanted to know why this development would not be approved when another development down the road was approved a couple of months earlier. The KCPC staff found sufficient reasons and differences that warranted this subdivision being treated differently than the Manor Lake subdivision. Mr. Videkovich said the easiest way to address this issue is to go over the handout he gave to the court.
Mr. Edmondson asked if this was a summary of what is in the findings and recommendations and Mr. Videkovich answered that it basically is a summary. Mr. Edmondson said he would caution the fiscal court that this is not a hearing but it is appropriate to have a very brief description of what is in the other document the court has in its possession and no new information can be brought into the court.
Mr. Videkovich said the proposed development was a rezoning to R-1C with a PUD overlay. The R-1C zone permits a maximum of three and one-half dwelling units per acre. The submitted development plan of the proposed development indicated a density of 3.1 units per net acre. The proposed development was a total of 38 acres but when you subtract the right-of-way, it is a total net density of 34 acres and that is where NKAPC got its calculation. When you take 105 lots divided by 34 acres it is 3.1 dwellings per acre. They are proposing 25 percent open space that meets the PUD requirements and the comprehensive plan. In reference to the Manor Lake subdivision that did need approval from the commission. Judge Drees asked when that was approved and Mr. Videkovich said about three months ago. That was a zone of R-1B that permits a maximum density of two dwelling units per acre and the total acres of that development was 94 acres. When subtracting the right-of-way, there is an 87 net acreage and they are proposing 174 lots. The comprehensive plan designates that area for two dwelling units per net acre or under.
The proposed development is actually at a higher density than what the comprehensive plan states that the area could support for residential development in terms of road infrastructure, schools, county services, etc. When looking at the comprehensive plan of two dwellings per net acre and under, the specific site is looked at but you also have to look at the entire area. Some of the reasons that the staff and the planning commission agreed for the disapproval of this development is because this is at a much greater density of almost a full dwelling unit per net acre than the comprehensive plan stated should be and is appropriate for the area.
Judge Drees asked if there were sewers there and Mr. Videkovich said the proposal was to extend the sewer and water.
Mr. Alan Nageleisen, Real Estate Development Services, came forward to address the court and he said Jim Berling was his civil engineer and that he lives in Taylor Mill. He said he has a farm very close to the proposed development and that is also very pertinent as to why this ground is up for a zone change. He said at the time this ground was purchased there was no sanitation utilities present for the ground and there still isn't but through his farm there is a sanitary sewer that is in very, very close proximity to this piece of ground to tie into the development. He also said he had a handout showing the exact same development that was approved a month before his proposal. He said he did not disagree with one fact that Mr. Videkovich had presented and that he would like for the fiscal court to look at his handout as he spoke.
Mr. Edmondson said he did not think this was relevant and that this is not the issue. The sole issue is whether or not this planned proposal is in conformity with the comprehensive plan. If it is not, there needs to be found some very specific reasons as to why it should be changed.
Mr. Nageleisen said he agreed; however, his handout would show this is something the fiscal court has not seen before and it will show what the court approved and it would help him state his facts and make it easier for the commissioners to see what he is talking about. Commissioner Voelker said this was from a prior meeting so it has no relevance in this issue and in staying within the proper realm, that would be new information brought forth regarding this issue and that could not be done.
Mr. Nageleisen did not distribute the handout but said he would try to distinguish the differences. First of all, the previously approved development had a dry retention basin. This development has a wet lake for a retention basin. The previous development had no walking trails and this development does that goes around the lake. This is very critical; the development the court approved has a 60 foot minimum lot width, minimum lot area of 7500 square feet, minimum front yard depth of 30 feet, minimum side yard width of 5 feet, minimum side yard to street corner of 15, minimum rear yard depth of 25, and minimum building height of 35 feet or two and one-half stories. The development being proposed is not any different because everything just read is exactly the same.
Commissioner Humpert asked how one development can have two dwelling units per acre and the other one have 3.1 dwellings units per acre. Mr. Nageleisen said he would explain this in that the other development has one access point off of Manor Lake Drive and the proposed development has two-one off of State Route #16 and one off of Staffordsburg. The other development has more green space than this one, however we meet the minimum required green space for that zoning and they also have more ground. Over one-third of ground in the approved development has unusable, steep, wooded hillside that cannot be accessed. The percent grades range from 33 percent, 37 percent, 22 percent, and 28 percent that is unusable ground. This development does not have any unusable ground that can be given up to get density, and there is no difference that anyone would ever see in these two developments other than there is one-third of the ground in unusable hillside that cannot be developed.
Commissioner Humpert said the idea of a planned development allows for green space to be used for whatever purpose, and they can use this toward the overall development to get their dwelling units per acre down to an acceptable limit within the comprehensive plan. Mr. Nageleisen agreed with this statement.
Mr. Nageleisen said the green space requirement meets the zoning for green space. The PUD is very, very workable here because they were approved for the PUD that allows them to do smaller lot sizes but meet the net acreage requirements. The PUD for this development allows the same lot size and this development is the same as the other one. Commercial and multi-family are not being asked for, only single family units. There are three new schools within a mile of this piece of ground.
Judge Drees thanked Mr. Nageleisen for his presentation and said he would not be voting on this action because he was not going to take any chances that the Drees Company was involved in this development in any way.
Commissioner Humpert asked if the comprehensive plan had been approved within the last six months and Mr. Edmondson answered yes that there had been a review and it had been updated. Commissioner Humpert said that if the planning commission said this development did not meet the comprehensive plan he did not know how the court could approve it. Commissioner Knochelmann made the motion to concur with the findings and vote of the planning commission that this area does not conform to the comprehensive plan; seconded by Commissioner Voelker. Judge Drees asked for a roll call vote whereupon the following votes were made: Commissioner Humpert, yes; Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees abstained from voting.
Resolutions
Resolution 07-12
Resolution authorizing Judge Executive Ralph Drees to sign a grant agreement with the Governor's Office for Local Development for the expenditure of $600,000 in CDBG funds for project implementation, Scott Kimmich reporting: This is a resolution regarding the same topic that was talked about at the last meeting. Between our last meeting and this meeting, the Governor's Office for Local Development promulgated a new resolution that they want adopted using their boiler plate information so it is simply a ratification of a resolution that was passed two weeks ago. Commissioner Humpert made the motion for approval followed with a second from Commissioner Voelker. The motion unanimously passed upon the following roll call vote: Commissioner Voelker, yes; Commissioner Knochelmann, yes; Commissioner Humpert, yes; and Judge Drees, yes.
Ordinances*
(Reminder: No vote is required on the first reading. The Judge Executive will read the ordinance by title and summary. A formal roll call vote will occur at second reading.)
Ordinance No. 924.38
First reading of an ordinance adopting the uniform state building code as promulgated in 815 KAR7:120 and 125 by the Board of Housing, Buildings, and Construction of the Commonwealth of Kentucky: Deputy Judge Kimmich read the ordinance by title and summary.
Ordinance No. 225.46
First reading of an ordinance of the Kenton County Fiscal Court related to the approval and adoption of the Fiscal Year 2007-2008 budget totaling $64,066,700: Judge Drees read the ordinance by title and summary. Judge Drees said there was a budget meeting where the budget was reviewed and Mr. Frye had made a few minor adjustments since the meeting, and Judge Drees asked him to address these issues.
Mr. Frye said the number in the agenda is wrong and does not concur with what is there. The only changes that have occurred since the budget was reviewed have been some minor adjustments in revenue where our estimates show will be at the end of the year. Commissioner Humpert said he has a copy of the budget that was handed to him before the meeting showing $65,066,700 and asked if there was another $70,000 added to that. Mr. Frye said the correct number is $65,136,700. There is one number wrong in the public works fund, line three. The number $5,922,000 is really $5,992,000 which is a $70,000 difference.
Judge Drees said he asked Mr. Frye to get him some comparisons of what the county will actually end up with at the end of the year and this would be compared to last year's budget. Obviously inflation made the budget go up with big items that are one time deals such as the animal shelter. The Behringer-Crawford Museum is a pass through and some additional money was put in for a jail site. Last year for public works there was $1,900,000 and now there is $5,900,000 but this is also a pass through for St. Elizabeth of money from the state. Basically, this is all of the big items that made a change in this year's budget from last year.
Ordinance No. 320.5
First reading of an ordinance amending the 911 emergency communication surcharge such that the Kenton County Fiscal Court shall receive $2.76 per line per month, effective July 1, 2007: Judge Drees read the ordinance by title and summary and said this amount is to cover some of our expenses in the 911 category which now has an $800,000 deficit that comes out of the general fund to help pay for the 911 dispatch fees. The county will still be in a deficit position but it does bring in a few more dollars.
Commissioner Knochelmann said he did not see anything on this ordinance in terms of a time commitment not to raise it. Is this something that should be put into the ordinance? Mr. Kimmich said this would not typically be in the body of the ordinance. This surcharge can only be changed by a majority vote of the fiscal court so there would not be a need to put a clause in the ordinance. This will remain in effect unless the court decides to change it. Judge Drees said it would show in the minutes that this is for two years.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Commissioner Knochelmann asked what the Cincinnati Bell Invoice Advantage was for and Mr. Frye said that Advantage was support for the computer network. Commissioner Knochelmann also asked the Sunbelt Rentals Nations Rent for the St. Elizabeth Access Road Engine and Mr. Frye said this was a payment to an engineering firm who is designing the St. Elizabeth access road. Commissioner Knochelmann asked about the item for senior services payment and Mr. Frye said this was one of the programs for which the county has contracts there are on a two-year basis. They perform the services and bill the county on a monthly basis for the number of units that are delivered.
Commissioner Humpert asked why this was not paid for seven months and Mr. Frye said these agencies are erratic and sometimes they bill monthly or sometimes seven or eight months behind. They have to invoice the county for their payment.
Since there were no other questions, Judge Drees directed that warrants be issued and the bills paid.
Administrative Actions
Handout No. 07-32
Authorize Judge Executive Ralph Drees to execute a contract with Alternative Services Concepts as the third party administrator for property, casualty, liability and workmen's compensation: Judge Drees said that in Mr. Shriver's memo he states that in the TPA services for property, casualty, liability and workmen's compensation there is a decrease of $1,500 in projected claims from last year. Judge Drees said this is not quite clear because there were less claims last year and this took the number down. Almost everything went up about $5.00, so it is actually an increase per item over what it was last year. If we have as much claimed as last year, there will actually be an increase.
Mr. Frye said he supported the approval of this contract extension. They have done the county's work for a number of years and it is believed they have saved us money. They are responsive and have good records and the county is happy with the service they have provided.
Judge Drees said there were a couple of questions that he could not get the answer to on yesterday. One item is new that was not on the list last year and Judge Drees asked for a motion subject to this item and Commissioner Humpert made the motion. The motion was seconded by Commissioner Voelker. Commissioner Knochelmann asked if the 12 percent of the claims was the same as before and Mr. Frye said this is their markup and the rest of it is on a cost basis and it was the same as the previous contract. Commissioner Knochelmann asked if the county received a breakdown of the claims and Mr. Frye said that Mr. Shriver has a detail listing of every claim and every change to every claim. These are not made public so anytime you want to see them, it is recommended that you go to Mr. Shriver's office.
Judge Drees said there are items regarding workmen's comp that he does not understand and they need explaining. Mr. Frye said the office could get on the phone with them this afternoon to get the answer. Mr. Kimmich said that on page seven under medical cost containment the fee schedule of 24 percent of savings remains the same as the one last year. The difference is they have added under PPO usage and non-fee schedule savings 28 percent of savings as their fee. Judge Drees specifically asked what the fee was last year and if there were the same losses, what would 28 percent of those savings be. They have been asked to submit this in writing and they have assured us they will submit this sometime today.
Mr. Kimmich confirmed that the motion would be that the contract would be approved contingent upon receiving satisfactory explanation of the fee schedule to the Judge Executive before execution. Judge Drees asked for a roll call vote and the result is as follows: Commissioner Knochelmann, yes; Commissioner Humpert, yes; Commissioner Voelker, yes; and Judge Drees, yes.
Handout No. 07-33
Request approval of acceptance of bid from Triad Holdings for property located at 204 East 24th Street for the amount of $9,450.00: Mr. Bailey said the reason for this recommendation is that if you had seen the building, you would want to accept this amount. You can see the sky through the roof and the basement through the floor and someone has stripped all of the plumbing out of the building.
Commissioner Knochelmann made the motion to sale; seconded by Commissioner Voelker and the motion unanimously passed on the following roll call vote: Commissioner Humpert, yes; Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.
Handout No. 07-34
Request approval to extend the contract of Bray Trucking, Inc. for the purpose of transporting sand at a rate of $8.40 per ton: Commissioner Knochelmann made the motion; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
Handout No. 07-35
Request to execute a renewal of the contract with Meridian Management for the maintenance of the county garage and justice center at a monthly rate of $33,363.25 which is reflective of a 2.9 percent increase over last year and for which there is a 100 percent reimbursement from the Commonwealth of Kentucky: Mr. Frye said they do supervise the maintenance of the garage and do a very limited investigation. Judge Drees asked if the state pays this and Mr. Frye answered that the county pays it.
Judge Drees asked how much money the state will reimburse the amount of $33,363.25 and Mr. Frye said the garage part is $10,000 per year and the Justice Center is $400,000. Judge Drees said this means the state is giving almost all of the $33,363.25. Mr. Frye said the state reimburses 100 percent of this number and the garage is a separate contract.
Judge Drees said to let the minutes show that this is mainly for the Justice Center and whatever portion of the garage the center uses. Mr. Frye said they manage a portion of the maintenance in the garage for which there is a separate payment. Judge Drees said this should not say county garage even though their letter says it and Mr. Frye said that is right because it is in their contract but it is not in this amount.
Commissioner Knochelmann said he made the motion to accept with the exclusion of the county garage; seconded by Commissioner Voelker. The motion unanimously passed with the following roll call vote: Commissioner Voelker, yes; Commissioner Knochelmann, yes; Commissioner Humpert, yes; and Judge Drees, yes.
Handout No. 07-36
Request approval to extend the contract with Airport Ford for Ford motor parts utilized in the Department of Fleet Management at a cost of 10 percent over dealer costs: Commissioner Knochelmann made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Handout No. 07-37
Request approval for the County Judge Executive or his designee to execute a contract by and between Kenton County and the Commonwealth of Kentucky Court of Justice in an amount sufficient to cover the total of operation of the Kenton County Justice Center including debt service, facilities management and parking for employees of the Court of Justice in the Kenton County Parking Garage: Commissioner Humpert made the motion to accept; seconded by Commissioner Knochelmann and the motion unanimously passed with the following roll call vote: Commissioner Knochelmann, yes; Commissioner Voelker, yes; Commissioner Humpert, yes; and Judge Drees, yes.
Executive Orders
Executive Order No. 07-57
Approval for dilapidation of the building formerly known as Latonia Lakes City Building on Clubhouse Drive because of a significant health and safety hazard: Judge Drees said this building has been torn down and all materials taken away. The county sent dumpsters there to take the material away and also for people to bring their trash to dump and a lot of tires have been brought to this site for disposal so this is a good thing.
Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the aye vote.
Executive Order No. 07-58
Approval of appointment of Dr. Donald A. Saelinger to the Kenton County Airport Advisory Board, effective May 3, 2007 – September 21, 2008: Judge Drees said this is a position that was never filled. Dr. Saelinger is well know here in Nothern Kentucky but actually lives in Ohio, so it is a Cincinnati appointment. Commissioner Knochelmann made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
Executive Order No. 07-59
Approval of reappointment of William Kruetzjans to the Board of Assessment Appeals for a three-year term: Commissioner Humpert made the motion to accept; seconded by Commissioner Knochelmann and the motion unanimously passed with the vote of aye.
Executive Order No. 07-60
Approval of reappointment of Rick Wessels to the Building Appeals Board for a two-year term: Commissioner Voelker made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Executive Order No. 07-61
Approval of reappointment of Joe Gross to the Tri-ED Development Corporation for a three-year term: Commissioner Humpert made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
Executive Order No. 07-62
Approval of reappointment of William Schmaedecke to the Kenton County Ethics Commission ending October 14, 2009: Commissioner Knochelmann made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
Executive Order No. 07-63
Approval of appointment of Jim Titus to the Rosedale Manor Board for a term of two years: Commissioner Voelker made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Executive Order No. 07-64
Approval of reappointment of Jerry Moser, Melissa Pryor-Reed and Edward Smith, Jr. to the Northern Kentucky Area Development District Council on Aging, for two-year terms: Commissioner Humpert made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
Executive Order No. 07-65
Approve acceptance of resignation of Jack A. Perkins as a park trustee from the Department of Parks and Recreation, effective May 2, 2007: Commissioner Knochelmann made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Executive Order No. 07-66
Approval of the employment of Herbert Monford for the position of maintenance tech/cleaning supervisor in the Department of Buildings and Grounds, effective May 7, 2007: Commissioner Voelker made the motion to accept; seconded by Commissioner Knochelmann and the motion unanimously passed with the vote of aye.
Executive Order No. 07-67
Approval of temporary employment of Phillip Clos to the position of parks trustee for service on April 28, 29 and 30, and terminating his employment effective May 1, 2007: Judge Drees read this order into the minutes of the court. Deputy Judge Kimmich said this is an order where an employee came to work for the county and worked for three days and is now being terminated on the same executive order rather than bringing it back to the court.
Commissioner Knochelmann made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Citizens Address
Ms. Rosan Lorentz, Ms. Brenda Bixler and Ms. Valarie Shearer had come to speak to the court regarding the zone change because they did not want the court to approve it. The court had already denied the zone change earlier so they thanked the court for their denial of the change.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: There was a notice received late yesterday that there is one truck that was left off the list of surplus equipment that will go to auction later this month and asked that the court declare the truck surplus equipment.
Commissioner Humpert made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Absent
COUNTY ATTORNEY'S REPORT-Garry Edmondson: The city of Latonia Lakes was dissolved and there are bills out for the city taxes and a lot of these have not been paid. They were for the year 0f 2006 so they are due. A letter is being sent to all the residents who have not paid and they need to make arrangements to pay.
Commissioners' Reports
COMMISSIONER DAN HUMPERT-Nothing to report.
COMMISSIONER SARA VOELKER-Nothing to report.
COMMISSIONER KRIS KNOCHELMANN-Nothing to report, but said he wished to congratulate Commissioner Voelker on finishing the marathon on Saturday.
Judge-Executive's Report
Nothing further to report.
Executive Session
There was not an executive session called.
Adjournment
Since there was not any further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Knochelmann. The court was adjourned by the unanimous vote of aye.
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