MINUTES OF A REGULAR MEETING
OF THE BOARD OF COUNCIL OF THE
CITY OF FORT THOMAS, CAMPBELL
COUNTY, KENTUCKY, ON
MONDAY, DECEMBER 5, 2011

Mayor Mary Brown called the meeting of council to order at 7:00 p.m. on Monday, December 5, 2011. Melissa Kelly called the roll and the following Councilmembers were present: Jim Doepker, Jill Steller, Eric Haas, Roger Peterman and Tom Lampe. Absent: Lisa Kelly. Staff members in attendance included: City Administrator Don Martin, City Clerk Melissa Kelly, Fire Chief Mark Bailey, Police Chief Mike Daly, Finance Director Fred Ewald, and City Attorney Jann Seidenfaden.

Mayor Brown led the Pledge of Allegiance to the flag.

Minutes

The minutes of the November 7, 2011 meeting were presented to council for consideration. A motion was made by Mr. Doepker and seconded by Mr. Lampe to approve the minutes as written. The motion passed by a unanimous vote.

Visitors and Communications

Chief Bailey introduced new firefighter/paramedic Matt Bryant to council. Lt. Chris Amon presented Matt with his badge. Matt introduced his family and Mayor Brown welcomed them.

Jack Moreland of Southbank Partners was present. Mr. Moreland explained that Southbank is working toward advancing the Riverfront Commons project. In order to obtain grant funds and direct appropriations from the General Assembly, a formal interlocal agreement relating to the Riverfront Commons project would be beneficial. Mr. Moreland is asking the city to formally adopt the Riverfront Commons Design guidelines at a future meeting, he will return to answer questions.

Reports of Officers

Fire Department Monthly Report for October: Chief Mark Bailey: Chief Bailey presented the monthly report for the fire department to council. A motion was made by Mr. Lampe and seconded by Mr. Peterman to receive and file the fire department monthly report. The motion passed by a unanimous vote.

Police Department Monthly Report for October: Chief Mike Daly: Chief Daly presented his monthly report for the police department to council. A motion was made by Mr. Lampe and seconded by Mrs. Steller to receive and file the monthly report from the police department. The motion passed by a unanimous vote.

Report from City Administrator: Don Martin presented his report to council:

Tower Park Stream Restoration: NKU's Center for Applied Ecology is continuing the restoration of the stream in Tower Park. This project will be done in multiple phases to avoid having large areas disturbed during bad weather. Numerous trees will need to be removed to facilitate the restoration of the stream. Should anyone receive questions or concern from residents, please refer them to city staff for more explanation.

Tower Park Oak Trees: A contract has been issued to prune the three trees and remove the other in Tower Park near the playground. The work is scheduled to occur on December 9th.

Don Martin thanked all who were involved in coordinating the Holiday Walk on December 4th. Despite the rain, the event was a success. The Mayor also noted that the event was very nice, even with the rain.

New Business

Southbank Interlocal Agreement: Southbank is currently working to advance the Riverfront Commons Project.

Consideration of Cable Documents: The city has been working with Insight Communications regarding non-compliance issues over the past year with their anticipated merger with Time Warner Cable. The merger cannot proceed until Insight is in compliance with Fort Thomas and several other cities in Kentucky. The primary non-compliance issue was Insight's failure to build an I-net for the city. After determining this would not be beneficial for the city, a settlement of a one time payment of $75,000 was reached. There are three documents necessary to facilitate the transfer of the franchise. They are as follows:

Resolution R-11-2011: A resolution approving a transfer of control to Insight Communications Company, Inc., to Time Warner Cable, Inc. This document will be considered later in the meeting.

Franchise Extension Agreement: An Agreement extending the cable franchise with Time Warner Cable for a period of one year under the terms and conditions of the of the 10-year franchise agreement with Insight. A motion was made by Mr. Peterman and seconded by Mr. Lampe to approve the Franchise Extension Agreement. Upon call of the roll, the following members voted "aye": Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman, and Mr. Lampe. Voting "no": none. The motion passed by a unanimous vote.

Settlement Agreement: An agreement which settles any and all outstanding non-compliance issues between the city and Insight Communications relating to the current 10-year franchise agreement; and releasing any and all claims against Insight and its successors for same. A motion was made by Mr. Haas and seconded by Mr. Doepker to approve the settlement agreement between the city and Insight. Upon call of the roll, the following members voted "aye": Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting "no": none. The motion passed by a unanimous vote.

Crown Castle Cell Tower Lease: Crown Castle, the current lessee of the cell tower behind the city building has asked for an extension of the current lease. Crown Castle has offered to pay a COLA between 2 and 3% each year and a $10,000 signing bonus. The lease would include six, five-year options which could extend the least to October 6, 2042. A motion was made by Mr. Lampe and seconded by Mrs. Steller to approve the extension of the lease and agree to the new terms. Upon call of the roll, the following members voted "aye": Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting "no": none. The motion passed by a unanimous vote.

Consideration of 2012 City Engineering Fees: CDS has submitted a proposed fee structure for the 2012 calendar year. The proposed rates are the same as the 2010 and 2011 rates. A motion was made by Mr. Peterman and seconded by Mr. Haas to approve the rates for CDS for the 2012 calendar year. Upon call of the roll, the following members voted "aye": Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman and Mr. Lampe. Voting "no": none. The motion passed by a unanimous vote.

Finance Committee Report on Disbursements: The Finance Committee presented its Report of Disbursements and recommended the payment of warrants numbered 63351 through 63510 for the period of November 8 - December 5, 2011. A motion was made by Mrs. Steller and seconded by Mr. Doepker to concur in the recommendation of the Finance Committee. Upon call of the roll, the following members voted "aye" - Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman, and Mr. Lampe. Voting "no" - none. The motion passed by a unanimous vote.

Ordinances, Resolutions, and Orders

Ordinance O-21-2011: An ordinance amending the zoning code pertaining to vehicle weight limits on private property was presented to council for a first reading. This ordinance will be laid over to the next regular meeting of council for consideration.

Municipal Order MO-11-2011: A municipal order declaring certain vehicles as surplus was presented to council for consideration. A motion was made by Mr. Lampe and seconded by Mrs. Steller to approve MO-11-2011. The motion carried by a unanimous vote.

Municipal Order MO-12-2011: A municipal order re-appointing Barb Manyet as a member of the tree commission was presented to council for consideration. A motion was made by Mr. Lampe and seconded by Mr. Peterman to approve MO-12-2011. The motion carried by a unanimous vote.

Resolution R-11-2011: A resolution approving the transfer of control from Insight Communications Company to Time Warner Cable was presented to council. A motion was made by Mr. Doepker and seconded by Mrs. Steller to approve R-11-2011. Upon call of the roll, the following members voted "aye": Mr. Doepker, Mrs. Steller, Mr. Haas, Mr. Peterman, and Mr. Lampe. Voting "no": none. The motion carried by a unanimous vote.

Executive Order EO-10-2011: An executive order re-appointing Sharon Covill to the Renaissance Board was presented to council with no action necessary.

Executive Order EO-11-2011: An executive order re-appointing Tracy Davis to the Renaissance Board was presented to council with no action necessary.

With no further business to come before council, the meeting was adjourned.

APPROVED:

_____________________________
Mary H. Brown, Mayor

ATTEST:

____________________________
Melissa K. Kelly, City Clerk