KENTON COUNTY FISCAL COURT

M I N U T E S

NOVEMBER 21, 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; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner ­­­­­­­Adam Koenig.

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated November 12, 2006.  Commissioner Humpert made the motion to table the minutes until the next meeting because the court had not had time to peruse them.  The motion was seconded by Commissioner Black and the minutes were tabled until the meeting on December 12, 2006.  The motion was unanimously approved with the vote of aye.

Delegations

There were not any delegations to come before the court.

General Business

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

Resolutions

Resolution No. 06-28

Acknowledgement and approval that Century Construction be determined to be a sole source provider as the general contractor and plumbing contractor to the completion of the renovation and reconstruction project at Behringer-Crawford Museum, Scott Kimmich reporting.  The Deputy Judge had a meeting today with representatives from the museum and also spoke with representatives from Century Construction and with the deputy commissioner of GOLD.  As Behringer-Crawford has been going through the renovation process over a number of years, this project has been phased in and the state has offered a $1.5 million grant for the project and there has to be a cut off point and a new beginning as it relates to the expenditure of state funds.  It is being asked that Century Construction be declared a sole source as well as the HVAC and electrical contractor that are currently in place.  These people will finish the work they have already begun but  the new work assigned to those areas will have to be bid and the county treasurer will oversee the bidding of that with Century Construction and representatives of the museum.

Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion passed upon roll call vote with Commissioner Koenig requesting that he be shown as present but not voting.

Judge Drees said he was personally gratified that this project is moving toward completion since it had been started three years ago.

Ordinances

Ordinance No. 924.33

Second reading to amend the zoning map for an approximate 158.5 acre area formerly incorporated as the city of Visalia made up of an approximate 3.5 acre area located at the Southeast corner of the intersection of Decoursey Pike with KY 536 bridge (area A) and an approximate 155 acre area located along the East and West sides of Decoursey Pike, generally between Visalia Road and the KY 536 bridge (area B) establishing RC (rural commercial) zone for area A and A-1 (agricultural one) zone for area B.

Judge Drees called for a motion on the ordinance and Commissioner Koenig moved for approval followed by a second from Commissioner Black.  The motion unanimously passed following a roll call vote.

Ordinance No. 924.3

First reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for a text amendment to the Kenton County zoning ordinance providing for the creation of an A-2 zone in Kenton County as recommended by the Kenton County Planning Commission in unincorporated Kenton County.  Judge Drees asked Ms. Shamili Sampath of the planning commission to come forward to speak to the court.  Ms. Sampath said there are four applications related to the Southbank Lick small area study.  There is the text and map amendment for the eco-commerce zone which is the light industrial zone and a text and map amendment for the agricultural two zone.  The court also has the recommendations from the planning commission.

Judge Drees said there had not been an A-2 zone before and asked for an explanation for the A-2 zone.  Ms. Sampath said the agricultural two zone is similar to the agricultural one zone with the difference being that in the A-2 zone the lots can be sudivided into one acre residential or you have an option to put in a conservation subdivision.  What this means is that basically a certain percentage of land is set aside for open space and houses are concentrated on the rest of the acreage.  This is basically the difference between the A-1 and A-2.

Commissioner Black asked if she was correct in understanding that when the original first reading was done that the white section on the map needed to become the A-2 zone and Ms. Sampath answered yes.  Commissioner Humpert said they could still develop the old way but that they have another option under this plan.

Ordinance No. 924.37

First reading of an ordinance of the Kenton County Fiscal Court adopting the findings of the Kenton County Planning Commission providing for the adoption of a zoning map amendment providing for the creation of an A-2 zone encompassing approximately 1100 acres in unincorporated Kenton County as recommended by the Kenton County Planning Commission.  There were no questions regarding this ordinance following the Judge reading it aloud to the court and action will be taken at the next court meeting.

Judge Drees thanked Ms. Sampath for her appearance and answering the court's questions.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  There were not any questions regarding the claims list so Judge Drees said all bills will be paid.

Administrative Actions

Handout No. 06-65

Recommendation for acceptance of the bid from Triad Holdings, LLC in the amount of $8,250.00 for the purchase of property at 635 Watkins Street:  Mr. Kimmich said he was told by Mr. Ralph Bailey that we are securing more in the sale of this property than was spent which is obviously good.  Commissioner Humpert made the motion to accept the bid with a second from Commissioner Black and the motion unanimously passed with the vote of aye.

Handout No. 06-66

Request price change of a 5-cent increase for vending machines located in the Kenton County Courthouse, Justice Center, parking garage and the detention center:  Commissioner Koenig asked why this could not be done administratively and Mr. Frye said that items bought or sold by the court from outside vendors who are permitted to come on county property and earn money has to be approved by the court.  Mr. Edmondson said authority could probably be given to the Judge Executive or the county treasurer, but at this point it is a product that the county sells.  Mr. Kimmich said bids are also advertised and you accept a bid amount so the court is changing the bid amount that was reflected in the minutes of the legislative body and the body can only speak through its minutes.  In order to officially change these prices with any clarity, it has to come back to the court for action.

Commissioner Black asked when was the contract with Enterprise Vending initiated and Mr. Frye said this was either the second or third year and new bids were taken and theirs was the best bid.  Commissioner Black made the motion for approval; seconded by Commissioner Koenig and the motion was unanimously approved with the voice vote of aye.

Executive Orders

Executive Order No. 06-89

Approval of Kenton County employees' holidays for calendar year 2007 pursuant to administrative code 382.2:  Commissioner Humpert said he noticed that New Year's Eve was on the list and asked what was the logic behind this.  Mr. Shriver said when the administrative code was adjusted in order to avoid the situation of having a work day on a Monday or a Friday and then having a holiday, the language was instituted that if the holiday fell on either on a Tuesday or Thursday the Judge was given the discretion to designate that Monday or Friday a holiday as well.  Judge Drees said when this happens employees will get an extra day off.  Mr. Shriver said this only happens two out of seven years.

Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert and the motion was unanimously approved by the voice vote of aye.

Executive Order No. 06-90

Resignation of Joe Wesselman as part-time maintenance for the Kenton County Golf Courses, effective November 9, 2006:  Commissioner Humpert made the motion for approval with a second from Commissioner Black and the motion was unanimously approved with the aye vote.

Executive Order No. 06-91

Resignation of Gene McGuire as seasonal maintenance for the Kenton County Golf Courses, effective November 3, 2006:  Commissioner Black moved for approval followed by a second from Commissioner Koenig and the motion was unanimously approved with the vote of aye.

Citizens Address

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

Judge Drees said that Sara Voelker the new incoming commissioner was present at court and welcomed her.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Mr. Kimmich said this would be the last fiscal court meeting that Commissioners Humpert and Koenig would be in attendance together.  Commissioner Humpert said they had been in court together for eight years.

COUNTY TREASURER-Ivan Frye:  Nothing further to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Mr. Edmondson said the court was going to have an executive session and he would be reporting on litigation in that meeting.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Said she wished to congratulate Commissioner Koenig who is going to be one of our new state representatives and also the person who will be taking her place on the fiscal court, Sara Voelker, and was looking forward to her coming on board.

She said she also wished to relate that the animal adoption center would probably be built next year, and she wanted to encourage people to continue taking their recyclables to the adoption center.

COMMISSIONER DAN HUMPERT-Said he would also like to congratulate Sara Voelker.

COMMISSIONER ADAM KOENIG-Said he joined in congratulating Sara Voelker and that he hoped by the next meeting to have a report from the cable board in regard to lawsuits.

Judge-Executive's Report

Judge Drees said he would give his report in the forthcoming executive session.

Executive Session

Deputy Judge Kimmich said the court would go into executive under KRS 61.810, section one, Paragraph B, the acquisition of property and Paragraph C, proposed or pending litigation.

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

Commissioner Black made the motion for the court to go back into regular session with a second from Commissioner Humpert.  The court came back into session with the unanimous vote of aye.

Judge Drees said he would like to have a motion and a second in regard to buying a piece of land and asked Mr. Kimmich to read Resolution No. 06-29 for the piece of land for construction of a county detention center.

Following the reading of the resolution, Commissioner Black made the motion for approval; seconded by Commissioner Humpert.  The motion was unanimously approved following a roll call vote.

Judge Drees said the site of land would not be announced until closure on the deed.

Adjournment

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