CITY OF CRESTVIEW HILLS

MINUTES - REGULAR COUNCIL MEETING

July 12, 2001

CALL TO ORDER - With the Pledge of Allegiance and a silent prayer, Mayor Paul W. Meier called the meeting to order at 7:30 PM.

ROLL CALL - Present were Messrs. Ralph Laird, Harold Ries, Joe Maloney, David Kramer, Frank Sommerkamp, and Mrs. Terri Jameson. 

APPROVAL OF AGENDA  -   Approved as submitted.  Ayes carried.

Motion: Mr. Ries                                       Second: Mr. Laird

APPROVAL OF MINUTES -  from the special hearing of June 14, 2001 at 7:15PM for the purpose of accepting comments from the general public regarding use of Municipal Road Aid funds.  No comments were made and no actions taken.  Accepted as submitted.  Ayes carried.

Motion: Mr. Sommerkamp                      Second: Mr. Maloney

From the regular meeting of June 14, 2001, at 7:30PM, Mr. Kramer wished to clarify on page 2, last paragraph under Public Utilities that Mayor Ries should be changed to Mayor Meier.  Mr. Kramer corrected a sentence in the first paragraph, 7th line also under Public Utilities which should read “Mr. Kramer inquired whether the appeal was a de novo proceeding with new evidence taken.” “ Mr. Mando answered that it is a de novo proceeding.”  Mr. Mando corrected a sentence toward the end of the first paragraph which should state that “Cinergy has yet to file a response to the petition” instead of file a petition.  Motion to accept as amended.  Ayes carried.

Motion:  Mr. Maloney                              Second:  Mrs. Jameson

CITIZENS AND GUESTS

Mr. Celarek introduced Chief Bill Dorsey (from Covington) who in turn introduced his class of 15 students of public administration from Northern Kentucky University.  Chief Dorsey thanked Council for allowing his class to observe the meeting.

Kathleen Corneil representing the Lookout Farm area was in attendance.  Chief Herbst introduced the Police Authority’s newest officer, Steven Freeman.  Officer Freeman graduated July 3rd after having scored very well at the academy.  Officer Freeman’s joining of the Authority brings the total number of officers available for duty to 9. 

CITY ADMINISTRATOR’S REPORT

Mr. Celarek reported on the following:

1.      The Municipal Govt. League of N. Ky. Is having their annual picnic at Pride Park in Taylor Mill on July 19th beginning at 6PM.  All council members, City staff, and their spouses are invited.

2.      Governor Patton’s Local Issues Conference will be held August 13 – 15 in Louisville and is sponsored by the Dept. for Local Government.

3.      A reminder that the Kentucky League of Cities conference is rapidly approaching.  Deadline for reservations is August 23rd.  The conference runs from October 3 – 6 in Owensboro.  The City has reserved space in advance for up to four representatives.

4.      There will be a gift for City Council members after the council meeting.

 

OLD BUSINESS

A.  Public Utilities

Mayor Meier read a press release from Cinergy, which stated that “Cinergy will cooperate with the spirit of the moratorium put on further power plants by Governor Patton.”  “Cinergy will not seek another zoning permit from Erlanger for six more months.”  Mayor Meier stated that 8 or 9 other cities have made an appeal to the State Office of Administrative Hearings, the purpose of which is to appeal the Air Quality Control Permit that has been issued by the Environmental Protection Cabinet.”  Mr. Meier asked Mr. Mando to comment about the appeals process. 

 

Mr. Mando stated that the first hearing before the Board of Administrative Hearings is to be on Tuesday, July 17, 2001 at 2:00 PM.  This is a status hearing, the purpose of which is to exchange information, complete discovery, and perhaps set a final date with the Office of Administrative Hearings for the receipt of information.  Since the last Council meeting, his office has filed a response to the Natural Resources Environmental Protection Cabinet petition, which takes the position that the Air Quality Permit was issued in accordance with law.  Cinergy has not filed a formal response but has made a motion to dismiss, which is a tactic that we anticipated when we filed the petition.  Mr. Mando stated that his office is in the process of filing a response, which will be filed in a timely fashion.  He feels confident about our position in respect to that motion. Mr. Mando will be in a position to give Council a substantive report after that initial hearing next week.

 

Mr. Kramer asked Mr. Mando if there is a time limit on the Air Quality Permit.  Mr. Mando replied that there is but he is not sure of the date.  Mr. Kramer asked about the status regarding Erlanger’s denial of the building permit.  Mr. Meier stated that Cinergy can appeal through the Board of Adjustments but this will probably not be the case because of time frame.  Mr. Mando stated that Cinergy will probably reapply for the building permit after the moratorium and/or 6 months is up. 

 

Mayor Meier stated that he talked to Bill Scheyer, Erlanger Administrator today and he and Mr. Scheyer agreed that it would be beneficial to look into putting development controls in place should the plant be built.  A committee for this purpose, consisting of business people from Erlanger and Crestview Hills already exists. Tom Cheney, Cinergy asked that the committee be put on hold pending further events because of the moratorium and suspension of the project by Cinergy.

 

Mayor Meier stated that possibly the State could come out with some stricter environmental controls.   Mr. Kramer asked if the moratorium has a time limit.  Mr. Meier stated that it is six months.  Mr. Laird asked if any other cities are financially backing the project.  Mayor Meier stated that the City of Erlanger has filed its own appeal and is financially responsible for that.  Mr. Ries asked whether any other cities have been approached about financial assistance?  Mayor Mando said that the is breaking down expenses during billing of charges to the city.  After the meeting on July 17, he will have a better idea of expenses and will have a breakdown for Council at the August Council meeting.

 

Mrs. Jameson asked about the effect of pending legislation in January?  Mayor Meier stated that the plant could be considered granfathered under the old laws or it may be that because of the moratorium and Cinergy’s suspension of the project for six months that the project will fall under the new regulations.

 

 

B.  Safety Ordinance 2001-6-1

Mayor Meier recounted

NEW BUSINESS

·       Economic Development

Mr. Celarek

 

·       Proclamation

Mayor Meier

 

 

COMMITTEE REPORTS

Public Works - Mr. Celarek commented projects at this time include:

·        Work on the 72 inch pipe under Campus Drive is under contract and will be completed as soon as weather permits.  This work includes underpinning the pipe at the outlet end and adding 15 feet of rip-rap at each end of the existing culvert.

·        Thomas More Pkwy. will be widened to provide a dual right turn onto northbound Turkeyfoot Rd.  Bids for this work will be received on February 28, 2001 and work will be completed before July 20, 2001.

·        Replacing the broken sections of concrete with new concrete paving will repair sections of Lookout Farm Drive northwest of this first intersection with Shinkle Rd..  Plans and specifications are in process.

·        The City is considering the removal and replacement of the concrete paving on Lookout Farm Drive from the Dixie Hwy. to the first intersection with Shinkle Rd. Bids for this work will be received on February 28, 2001.

·         The City, in cooperation with the Kentucky Department of Transportation, wishes to construct a left turn lane on Horsebranch Road at the intersection with Orphanage Rd.  Plans, specifications and construction cost estimates are in process.  Completion is anticipated August 1, 2001.

Economic Development

 

Recreation –Mrs. Jameson stated that

Telecommunications -  

After general conversation, motion to adjourn made by Mr. Laird, seconded by Mr. Maloney at 8:44PM.

 

 

 

____________________________                     ______________________________

Mayor Paul W. Meier                                     City Clerk C.R. Wirthlin