MINUTES OF A REGULAR
MEETING
OF THE BOARD OF
COUNCIL OF THE
CITY OF FORT THOMAS, CAMPBELL
COUNTY, KENTUCKY, ON MONDAY,
AUGUST 1,
2005.
An advertised Public Hearing on the 2005 Tax Rate was called to order by Mayor
Mary H. Brown at 7:45 P.M. in Council Chambers. After a Roll Call, and
presentation of the Proof of Publication, she asked for the reading of the
proposed Tax Rates for 2005, which is $.324/$100, and the anticipated revenue of
$3,095,111. General stated areas of allocation for these
monies is: Personnel, Utilities, Supplies. Also announced
were amounts for revenue from New Property, of $10,017, and from Personal
Property, of $22,540, she asked for any comments from the public or from Councilmembers. She asked the Clerk if there were any
written comments; there were none. Mr. Earlywine
explained the determination of the tax rate, which is $.09 more than the 2004
rate. He said that every five years, there is a PVA reappraisal of the
City’s real property. This was last done in 2001 and will be completed
again in 2006. There being no further input, the meeting was declared
adjourned, with a five-minute recess until the Regular
Meeting.
At 8:00 P.M., Mayor Brown called the
Regular Meeting to order and asked the City Clerk, Dottie Ivie, to call the roll, which showed the following members
present: Barbara Runge, Jim Doepker, Karen Lied, Eric Haas, and Tom Lampe. Roger
Peterman was absent. Other staff members present included: Jeff
Earlywine, City Administrative Officer, City Treasurer
Fred Ewald, City Attorney Jann Seidenfaden, Police Chief
Mike Daly and Fire Chief Mark
Bailey.
Mayor Brown then led the group in the
Pledge of Allegiance to the Flag. She called for disposition of the
Minutes from the previous Regular Meeting and it was moved (Lied) and seconded
(Doepker) to approve the minutes as presented; upon
voice vote, it was unanimous Aye (5-0) and the motion
carried.
At this point on the Agenda, as there were
numerous people (and some younger children) in the audience specifically
attending to honor and witness the swearing in of a new Chief of Police, Mayor
Brown called forward Michael Daly. She presented an Executive Order
(EO-5-2005) appointing Daly to the position of Police Chief and asked former
Police Chief Steve Schmidt to assist and provide the new Chief with badges and
insignia of his new office. He was officially sworn in as Chief and then,
he expressed his appreciation for Council’s confidence in him with their
selection. He introduced a number of his family members who were
present. In addition, a number of police officers were in attendance and
the audience showed their approval with applause. Mayor Brown then
presented him with a framed and signed appointing Ordinance. She invited
those attending to partake of some cookies and punch prepared by the
Clerk.
A letter was presented from David Gross, President of
the Ft. Thomas Business Association, (FTBA), regarding a presentation made by
Matt Coleman, of Northern Kentucky Action (NKA), to the Board of Council at
their last meeting. The NKA group is requesting that Council ban smoking
in public places. Mr. Gross’s letter stated that the FTBA, at a general
membership meeting on July 28, 2005, had discussed this topic as an item of new
business, along with Jay Treft, who is a City staff
member. Copies of the NKA’S bullet points were reviewed and the questions
of the group were clarified and discussed.
A vote of the membership resulted in unanimous
opposition to the smoking ban proposed by Northern Kentucky Action. His
letter stated that “…involving the business association members in matters of
such importance…shows the City of Ft. Thomas is concerned with items such as
this that could impose unintended consequences upon the public and our business
community.”
Matt Coleman, of Northern Kentucky Action,
was on the Agenda and responded with additional information and statistics
regarding smoking in Kentucky. He stated that “Kentucky is one of the
unhealthiest states regarding second-hand smoke.” He said that studies
have been conducted in 1900 cities in 11 states supporting a move to ban smoking
in public places and “improve the quality of life” for everyone. Terry
Whitaker, who said he is a former Councilmember from another city, suggested
that “this issue needs to be dealt with as many suffer from the effects of
second-hand smoke.” He urged Council to follow others who have banned
smoking for the “safety and better health of your residents.” There was general
discussion among Councilmembers and others in the
audience who attended for this specific item on the Agenda. Mayor Brown
acknowledged the receipt of a letter delivered earlier in the day from the Mayor
of the City of Cold Spring, Ky. The Cold Spring Council recently passed a
resolution recommending that the Campbell County Fiscal Court study the
issue of “banning smoking in enclosed public spaces within Campbell County.” It was moved (Lied),
seconded (Doepker) and given a unanimous Aye voice
vote (5-0) to refer this issue to the Committee of the Whole for further
study.
A Letter was presented from Mr. Tom Schomaker, Ky. Transportation Cabinet, regarding
right-of-way changes on Hunteman Lane. Mr. Doepker stated that he wished to recuse himself from both discussion and vote on this matter
as he is a partner in one of the parties to this action. The letter
acknowledged transfer of maintenance responsibility for a portion of Hunteman
Lane to the City on August 24, 1981. The KDOT
is willing to deed the road and right-of-way listed in this Order to the City
and they provided a Resolution for Council’s use and signatures to initiate this
process. Mr. Earlywine commented that a two-part
action would be needed; first the adoption of the Resolution to commence the
transfer process from the State to the City and second, to declare in the best
interests of the City, that it would be necessary to vacate the unused portion
of the right-of-way designated on Hunteman Lane.
So moved (Lampe), seconded (Haas), and upon Roll Call vote, the following voted
Aye: Runge, Lied, Haas, Lampe; the motion
carried.
Mr. Doug Gilb,
and other residents on Porters’ Lane, rose to ask that he be permitted to
reserve comments until after the point on the Agenda of a report on Porters’
Lane from the Law-Labor-License Committee. The Mayor agreed to this
request.
Next recognized were visitors representing
Fischer Homes, Mr. Kruetzkamp, Mr. Hoxley, and
attorney Joe Trauth, who requested placement on the
Agenda for the purpose of addressing Council regarding a proposed Villa Grande
Development now in litigation. Each Council member has previously received
copies of a Fischer brochure and a letter from Fischer Homes regarding this
matter. Mr. Trauth reviewed the process of the
Development plans for single family homes, beginning in November, 2002, to the
current 205 units on this 50 acres property, which is zoned R-1B. He
reviewed plans that Fischer would have for grading, stormwater improvement and landscaping, as well as other
amenities. They are presenting a settlement
proposal directly to Council as opposed to the Ft. Thomas Planning
Commission.
It was moved (Lied) and seconded (Runge) that this be referred to the Committee of the Whole
and upon voice vote, the motion carried. Council will have an opportunity
to carefully study this proposal over the time until the next Regular Council
meeting.
Other members of the audience requesting time to speak were: Joy Caudill,
a Cold Spring resident, who supports the ban on smoking and Joe Schwerling, 113
Highland Avenue, who called attention to the fact
that the City’s Comprehensive Plan mentions the very suggestion that he is
making that the Highland
Avenue and Grand Avenue intersection be
improved. He has suggested a traffic study be conducted and that a left
turn lane would better move traffic onto Grand Avenue
South.
The Law-Labor-License Committee reported on
the Porters Point Development Plan which was discussed at a meeting just prior
to the Council meeting. The Chairman of this Committee, Roger Peterman,
was absent, but he was consulted regarding this and all agreed that the
developer agreed to furnish 25 trees, and to deliver them, but not to underwrite
the cost of nor to plant the trees himself. The residents do not accept
this and they want the City to plant them; however, Mr. Earlywine stated that this is “not something that the City
does.” He encouraged the residents to settle this offer, accept the trees
and make their own arrangements to set out the trees.
Mr. Doug Gilb,
60 Porters
Lane, represented several of the other property
owners on that street in bringing up the issue that records were not available,
either from the developer or from the City which has brought this impasse.
He estimated the cost to plant the trees at $2800. He said that this was
“supposed to be handled by the City as far as addressing the matter on their
behalf.”
This was discussed by Council members and
Mr. Gilb as far as what pressures could be applied to
the developer, minus the paperwork from the developer, his bank, or the
City. There is no paperwork in City files that would relate directly to
this matter which was a negotiation between the developer and the buyers.
City Attorney Jann Seidenfaden said it would go back to the bank in question to
determine the end result as to money received via their audit. It was
moved (Lampe) and seconded (Doepker) that Jann revisit the issue with the bank to determine if
additional information could assist with the negotiation of this issue and upon
voice vote, it was 5-0 ayes; motion carried.
Regarding an appeal from a Tree Commission
action, at 1123 S. Ft. Thomas Ave, Council discussed and voted to approve their
appeal for removal of both large trees in front of their business, but to change
that appeal and retain one of them with the understanding that a tree
replacement would likely be a part of an upcoming beautification project
encompassing the businesses within the Midway section. Mrs. Carolyn Reis,
co-owner of the Best Furniture Business at 1123 S. Ft. Thomas Ave., said the business
has been there since 1945, and they purchased it within the last few
years. They have met with the Design Review Board and plan to spend “a
considerable amount of money” in upgrading and improving the façade and look of
the business in the near future, she said. Their major complaint with the
trees is the berries that are dropped and carried into the carpeting as well as
the leaves blocking the signs on their storefront. There was discussion of
how the area might look with the improvements similar to those done in the
center of town. Mrs. Reis said that they want to participate in any
upcoming streetscape improvements in that area. A motion was made to approve the
appeal from the action of the Tree Commission as amended (Haas), seconded (Runge) and upon Roll Call vote, the motion
carried.
Under New business, Mr. Earlywine updated Council on the Campbell County Dispatch
Board and actions they are planning to recover funding that is being lost from a
lower number of users of landline phones. Funding for the E-911 system has been
provided by fees attached to these phone lines. He said that expenses are
being met, but that revenues are not projecting out, with a loss of
approximately 3% per year. This will be addressed by the Campbell County Fiscal
Court next month. It was referred to refer this
to the City’s Finance Committee (Doepker), seconded
(Lied) and upon voice vote it was unanimous Aye; motion
carried.
Mr. Earlywine
also provided information regarding bids that were received and opened on July
29, 2005, for a Pier Wall and Roadway Stabilization Project on Water Works
Road. Three bids were received and upon the
recommendation of CDS Associates, City Engineer, the low bid was accepted, at
$152,848, by the Langenheim & Thomson Co. It was
moved (Lampe) and seconded (Haas) to accept the low bid and upon Roll Call vote,
all voted aye; motion carried.
The Finance Committee presented a report on
vouchers and it was moved (Doepker) and seconded
(Lied) to concur in their recommendation for approval and processing of payments. Upon roll call vote, all voted Aye;
motion carried.
Ordinance O-22-2005, OZO Map Change was
adopted upon motion (Runge), second (Lied) and
unanimous Aye Roll Call vote; motion carried.
Ordinance O-23-2005, Setting the Tax Rate for 2005 was given 1st
Reading and will
be laid over until a vote can be taken at the next Regular meeting.
Ordinance O-24-2005, Establishing Waste and Recycling Charges was also given a 1st Reading and will be presented
on the Agenda at the next Regular meeting. Three Resolutions were
presented and adopted by Council: R-4-2005, Adopting the NIMS System,
R-5-2005, Authorizing the Mayor to sign a KDOT
Contract, and R-6-2005, Accepting the deed for property on Hunteman
Lane. Mr. Doepker
stated that he wished to recuse himself from the vote
and any attending discussion on this particular matter, being a partner in the
project.
An Executive Order, EO-5-205, Appointing
Michael G. Daly as Police Chief was read and presented aloud earlier in the
agenda, but was given a formal vote in a motion to approve (Runge), second (Lampe), and a unanimous Aye voice vote;
motion carried.
Ordinance O-22-2005, OZO Map Change was
adopted upon motion (Runge), second (Lied), and
majority voice vote, Mr. Doepker stating that he
wished to recuse himself from all discussion and
voting on this Ordinance, due to his position as participatory partner in the
development of the property described. The vote was as follows:
Runge, Lied, Haas, Lampe – 4 Ayes; with the recuse and Mr. Peterman absent, there were no other votes;
motion carried.
Ordinance O-23-2005, Setting the Tax Rate for 2005, was given a 1st
Reading and will be laid over for Council’s review and a formal vote at the next
Regular Council meeting. Ordinance O-24-2005, Establishing Waste and
Recycling Charges, was also given a 1st Reading and will be on the
Agenda at the next Regular meeting.
Resolution R-4-2005, Adopting the National Incident Management System (NIMS), was
adopted upon motion (Runge), second (Doepker) and unanimous Aye voice vote. At this time,
Mr. Doepker stated that wished to recuse himself from any discussion
or vote on matters relating to specific property on Hunteman
Lane as he is a participatory partner in
project. Next, Resolution R-5-2005, Authorizing the Mayor to sign a KDOT
Contract which would transfer “all rights and responsibilities for the
maintenance and operation of a segment of Hunteman
Lane to the City of Fort Thomas,” was presented for vote and was adopted upon
motion (Runge), second (Lampe) and unanimous Aye voice
vote (with Mr. Doepker recused).
Resolution R-6-2006, Accepting
a Deed for property on Hunteman Lane, was
presented. Mr. Doepker
recused himself from any discussion or vote on
this matter as he is a participatory partner with this specific property.
Upon motion, (Lampe) and second (Runge), the vote was
as follows: Runge, Lied, Haas, Lampe, 4 Ayes;
there were 0 Nos with Mr. Doepker’s recuse and Mr.
Peterman’s absence. The motion was declared carried.
There was a motion (Runge), second (Lampe) and unanimous vote of Council to meet
in Closed Executive Session for the purpose of discussion regarding:
Possible Acquisition of Real Property. There being no further
business to come before Council, the meeting was
adjourned.
APPROVED:
______________________________
Mary H. Brown, Mayor
ATTEST:
________________________________
Dorothy A. Ivie, City Clerk