MINUTES

KENTON CENTON COUNTY FISCAL COURT

OCTOBER 12, 2004

9:00 A.M.

Call To Order                                                                                   

Judge-Executive Ralph Drees called to order the October 12, 2004 meeting of the Kenton County Fiscal Court and called upon Commissioner Adam Koenig to offer the invocation and lead in reciting the Pledge of Allegiance.

Those In Attendance

Judge Ralph Drees, Commissioners Dan Humpert and Adam Koenig, County Attorney Garry L. Edmondson, Deputy Judge Scott Kimmich, County Treasurer Ivan D. Frye, Asst. Police Chief Edward Butler, Human Resources Director Joe Shriver, Public Works Director Joe Murphy, County Engineer Charles Meyers, and Fiscal Agent Robert Cooper.

Approval of the Minutes

Judge-Executive Ralph Drees requested a motion of the court for the approval of the minutes of the meeting held on September 28, 2004.

Commissioner Dan Humpert moved approval of the minutes with technical corrections having been supplied to the court clerk. Commissioner Adam Koenig seconded the motion.  There being no discussion on the motion, Judge Drees called for a vote whereupon all members present voted in the affirmative.

Delegations

There we no delegations to appear before the court.

General Business

There was no general business to be conducted by the court.

Resolution(s)

Judge Drees presented Resolution No. 04-22, A Resolution of the Kenton County Fiscal Court authorizing that Deputy Judge-Executive Scott Kimmich execute a grant agreement for the construction of recreational trails in Kenton County, Kentucky.

Judge Drees advised that Deputy Judge Kimmich would present on this item and that the record should reflect that he is present and not voting on this issue as The Drees Companies are involved in providing the local match for the grant.

County Attorney Edmondson further advised that the record should reflect Judge Drees was not participating in the discussion on this item.

Commissioner Humpert advised that the grant application indicated that the county was applying for more than was permitted in the grant guidelines which provide a cap of $50,000.  Deputy Judge Kimmich confirmed that the county was indeed applying for the $50,000 and advised that he would research why the numbers presented were reflective of a higher amount.

Following the explanation provided, Commissioner Koenig moved approval of the passage of resolution 04-22 and Commissioner Humpert seconded the motion. 

There being no discussion on the motion, Judge Drees called for a vote on the motion whereupon Commissioners Humpert and Koenig voted in the affirmative and Judge Drees was recorded as present but not voting.  Motion carried.

Ordinance(s)*

Judge Drees presented for first reading by title and summary, Ordinance 1020.3 governing electioneering at polling places in Kenton County, Kentucky as requested by the Kenton County Grand Jury, Commonwealth Attorney, County Clerk and recommended for approval by the County Attorney.

Judge Drees read the preamble to the ordinance:

An ordinance prohibiting electioneering within a distance of two hundred feet of the main entrance to a building used by voters in which a voting machine is located and providing that nothing in this section shall prohibit electioneering within in a private residence or business establishment, other than that in which the polling place is located, by persons having an ownership or leased interest in such property.

County Attorney Garry Edmondson advised the court that this is the same ordinance that will be enacted in Boone and Campbell Counties based upon the recommendations of county attorneys from the three counties.  He reminded the court that his action has been requested by the County Board of Elections as well as the Kenton County grand jury following an action by the court of justice to strike down the previous state law that banned political campaigning within 500 feet of the polling place.

Commissioner Humpert expressed some concern that his ordinance is different than the ordinance, which had been previously discussed here and in the media, setting the limit at 300 feet.

County Attorney Edmondson said that upon collective consideration of this issue with the county attorneys, he felt that the 200 foot restriction would be defensible and further assured Commissioner Humpert that County Clerk Bill Aylor is supportive of the action he is requesting the court to take.

Commissioner Humpert moved approval of the passage of Ordinance 1020.3 on first reading and Commissioner Koenig seconded the motion.  There being no discussion on the motion Judge Drees requested a roll call vote on the motion whereupon all members present voted in the affirmative.

Judge Drees presented for second reading, Ordinance 924.22 which is an ordinance amending the zoning of approximately .7 acre located at the southwest corner of Kenton Station Road and Decoursey Pike, from RC (Rural Commercial) to A-1 (Agriculture-1) and recognized Assistant County Attorney Brandon Voelker for a report.

Commissioner Koenig moved approval of the final passage of Ordinance 924.22 and Commissioner Humpert seconded the motion.  There being no discussion on the motion, Judge Drees requested a roll call whereupon all members present voted in the affirmative.

Judge Drees presented for second reading, Ordinance 531.95 which is an ordinance pertaining to various county roads in Kenton County, Kentucky.

Deputy Judge Scott Kimmich advised the court that this is a house keeping ordinance to adjust the length of Bird Road and to correct the naming of Ciderpress Drive to bring county records in compliance with generally accepted operating policies of the Kenton County Public Works Department dating back more than 30 years.

Commissioner Koenig moved for approval of the final passage of Ordinance 531.95 and Commissioner Humpert seconded the motion.  There being no discussion on the motion, Judge Drees requested a roll call vote whereupon all members present voted in the affirmative.

Consent Agenda

Operations:

Claims List Review:

Judge Drees presented the claims list for review and advised the court that in the absence of objections to the payment of the bills, the warrants will be issued and the claims will be paid.

Administrative Recommendations:

Judge Drees presented Handout No 04-69 to the court:  Approval of county clerk's claims for preparing property tax bills. County Treasurer Ivan Frye reported the clerk's claims were in order and recommended the payment of same.

Commissioner Koenig moved approval of Handout 04-69 and Commissioner Humpert seconded the motion.  There being no discussion on the motion Judge Drees requested a roll call vote on the motion whereupon all members present voted in the affirmative.

Judge Drees presented Handout No. 04-70:  Authorizing nunc-pro-tunc the formal sale of general obligation revenue bonds as recommended by the treasurer and fiscal agent at a rate of 3.452990 percent that, according to the treasurer, would yield an aggregate savings to the county of $1,068,000 over the life of the bonds.

Commissioner Humpert moved approval of Handout 04-70 and Commissioner Koenig seconded the motion.  There being no discussion on the motion, Judge Drees requested a roll call vote whereupon all members present voted in the affirmative.

Judge Drees presented Handout No. 04-71, authorization for County Judge-Executive Ralph A. Drees to execute an agreement with H & N Safe Transportation for school bus service for Saint Agnes School in the amount of $18,000. 

County Treasurer Ivan Frye reported that this is a continuing relationship with H & N Safe Transportation to provide school bus service to St. Agnes School and is like the contract the county has with the Kenton County Board of Education for other parochial school transportation.

Commissioner Koenig moved approval of Handout 04-71 and Commissioner Humpert seconded the motion.  There being no discussion on the motion Judge Drees requested a roll call vote on the motion whereupon all members present voted in the affirmative.

Executive Orders

Board Appointments/Operations-

Judge Drees advised there were no orders related to the operation of the county or board appointments for action of the court pending at this time.

Personnel

Judge-Executive Ralph Drees advised that for purposes of expediting the business before the court, he would request a single motion and vote on the approval of Executive Order No. 04-97, accepting of the resignation of John Gerken as Clubhouse Employee for the Golf Courses effective September 1, 2004; and Executive Order No. 04-98, appointing Renee Black as a part-time dispatcher for the Department of Public Safety, effective September 14, 2004.

Commissioner Adam Koenig questioned the effective date for the appointment of Renee Black as the order was for September 14, yet the agenda posted the hire date for September 1.

Human Resources Director Joe Shriver confirmed the hire date of September 14.

Having received clarification on the hire date, Commissioner Koenig moved approval of Orders 04-97 and 04-98.  Commissioner Humpert seconded the motion. 

There being no discussion on the motion Judge Drees requested a roll call vote on the motion whereupon all members present voted in the affirmative.

Administrative Reporting

Deputy Judge Kimmich advised the court that he had received a communication from Ralph Grieme, a realtor representing a firm in South Central Kentucky with an interest in opening an animal fat refining plant in Kenton County for the purpose of developing bio-diesel fuel.  Mr. Grieme has requested the court take action to provide that this would become a principally permitted use in an industrial zone.

Deputy Judge Kimmich apologized that this came to the court at the last minute and advised he had received the documents just prior to the commencement of the meeting.

County Attorney Edmondson said the court could request the Planning Commission take action on the request or simply ask that the commission's staff review the request and present a report to the court.  He further advised that the Planning Commission could as a matter of law initiate the change in the text and make a recommendation to the court.  That would be at their discretion.

Commissioner Humpert said he had strong reservations about taking action on something that had been received so late in which the court has not had sufficient time to perform research.  He indicated it would be his first inclination to hold up action on this matter, but based on the ability of the court to receive a report before taking action, he could abide by that action.

Commissioner Koenig also expressed his concern of the lateness of this item being presented to the court and reiterated the feelings of Commissioner Humpert.

Judge Drees said he did not like receiving items late either but said he would support having the planning commission take a look at this and report back to the court before the court takes any action to initiate the text amendment.

Based on the recommendation of Judge Drees, and having been assured by the County Attorney that asking the Planning Commission to review this matter and report back was not the same as requesting a text amendment, Commissioner Humpert moved to refer to the Planning Commission for review and recommendations without making a formal application, the petitioner's request for a text amendment to allow animal fat refining as a principally permitted use in an industrial zone.

Commissioner Koenig seconded the motion adding that this was to study this issue and was not an endorsement of any type.

There being no further discussion, Judge Drees requested a roll call vote on the motion whereupon all members presented voted in the affirmative.

Deputy Judge Kimmich presented for consideration to the court a recommendation to proceed in the abandonment of the public right of way previously held at the intersection of Independence Station Road and Cody Road, where the county had performed the reconstruction and previously agreed to sell one parcel to an adjacent development firm.  He further recommended that the court declare surplus and advertise for sale with a $10,000 reserve bid the property across Cody Road from the parcel previously sold.

Commissioner Humpert moved approval of the Deputy Judge's recommendation and Commissioner Koenig seconded the motion.

There being no further discussion, Judge Drees requested a roll call vote on the motion whereupon all members present voted in the affirmative.

Commissioners' Report

Commissioner Humpert said that while traveling to the court meeting, he saw that a number of cars were parked in the new park and ride located just south of Pioneer Park but that there were no signs indicating that the park and ride was open for business. He questioned whether this new facility had been advertised and if staff was aware where signs were to be placed at the location.

Commissioner Humpert was advised that the staff would research this issue and report at the next meeting.

Commissioner Humpert said he would like to see an aggressive effort undertaken to get the availability of this new site publicized in the media.

Judge Drees advised that Commissioner Humpert's wishes would be conveyed to TANK.

Adjournment

There being no further business to come before the court Judge Drees requested a motion for adjournment which was offered by Commissioner Humpert and seconded by Commissioner Koenig.  Judge Drees called for a vote and all members present voted in the affirmative.