(A) Prior to being offered conditional employment as a firefighter, each applicant must meet the following requirements. An applicant must:
(1) By the date of posted application closing, be not less than 18 years of age; a copy of the applicant’s birth certificate, issued by the state and signed by the Registrar of the state in which the applicant was born, must accompany and be made a part of the application;
(2) Be a high school graduate or must have obtained a general education development (GED) diploma; a copy of the diploma or report certified by the proper school authority must accompany and be made a part of the application;
(3) Be an orderly, law abiding citizen and a person of sobriety and integrity;
(4) Be of sound mind and body;
(5) Become a qualified voter of the commonwealth within six months of date of employment;
(6) As part of the employment screening process, be able to withstand a thorough personal background investigation prior to a conditional offer of employment;
(7) Provide a truthful statement certifying he or she has not used illicit drugs;
(8) Possess and maintain a valid driver’s license and provide a copy;
(9) If a discharged veteran of the armed forces of the United States, present with his or her application, official documentation of discharge or DD-214, showing reason for discharge. An applicant must have received an honorable discharge; and
(10) Possess any other qualifications as may be prescribed by state statutes or ordinances of the county.
(B) All applicants shall be examined as to qualifications and fitness to fill the position of firefighter in the following respects:
(1) Successfully complete and pass a written examination given by the County Fire Department;
(2) Successfully complete and pass a physical ability examination given by the County Fire Department:
(3) Successfully complete and pass an oral interview panel;
(4) After a conditional offer of employment, successfully complete a thorough physical examination as required prior to probationary appointment provided he or she satisfactorily passes all other performance requirements;
(5) All applicants must complete and pass the Commonwealth Fire Commission’s candidate physical ability test (CPAT) and maintain that level of fitness. Applicants who are currently employed as a full-time firefighter within the state of Kentucky may receive a waiver for CPAT certification;
(6) Acquire and maintain commonwealth emergency medical technician certification within one year of employment;
(7) Acquire and maintain hazardous material technician certification within one year of employment;
(8) Acquire and maintain Firefighter I certification within two years of employment; and
(9) Acquire and maintain Firefighter II certification within three years of employment.
(C) As a pre-condition to employment and a condition to continued employment, an applicant must execute a waiver to submit to random testing for illicit drugs. This waiver shall be in force as long as employed by the County Fire Department.
(Ord. 10-2017, passed 12-14-2017; Ord. 13-2021, passed 11-19-2021; Ord. 12-2023, passed 10-26-2023)
(A) There is hereby created the Frankfort-Franklin County Joint Tourist and Convention Commission, which Commission is established for the purpose of promoting convention and tourist activity in Frankfort and the county.
(B) The Commission shall be composed of seven members, who shall serve without compensation, and who shall be citizens and voters of the county and who shall be appointed by the Mayor of the City of Frankfort and the County Judge/Executive, jointly, as follows:
(1) Two Commissioners from a list of not less than four names submitted by the local City Hotel and Motel Association;
(2) One Commissioner from a list of not less than two names submitted by the local County Hotel and Motel Association;
(3) One Commissioner from a list of not less than two names submitted by the local Restaurant Association or Associations;
(4) One Commissioner from a list of not less than two names submitted by the Frankfort- Franklin County Chamber of Commerce;
(5) One Commissioner by the Mayor of the City of Frankfort; and
(6) One Commissioner by the County Judge/Executive.
(C) Vacancies shall be filled in the same manner that original appointments are made.
(D) The Commissioners shall be appointed for terms of three years; provided that, in making the initial appointments, the Mayor and County Judge/Executive shall appoint two Commissioners for a term of three years, two Commissioners for a term of two years and three Commissioners for a term of one year.
(E) The Commission shall annually elect from its membership a Chairperson, a Secretary and a Treasurer, and may employ such personnel and make such contracts as are necessary to effectively carry out the purposes of KRS 91A.350, which are adopted as a part hereof by reference. Such contracts may include, but shall not be limited to, the procurement of promotional services, advertising services and other services and materials relating to the promotion of tourist and convention business; provided, contracts of the type enumerated shall be made only with persons, organizations and firms with experience and qualifications for providing promotional services and materials such as advertising firms, Chamber of Commerce, publishers and printers.
(F) The Commission shall meet at least monthly in regular session at the Frankfort City Hall or County Courthouse and may hold such other meetings as are necessary to transact its business. Special meetings may be called by the Chairperson or by written call of any two Commissioners. A majority of the membership of the Commission shall constitute a quorum for transacting business, but a majority vote, in person, of the entire membership of the Commission shall be required to take any official action or to approve any contract.
(G) The books of the Commission shall be audited annually by an independent auditor who shall make a report to the Commission, to the organization submitting names from which Commission members are selected, and to the Mayor and the County Judge/Executive.
(H) The Commission shall annually, prior to May 1, submit to the Board of Commissioners of the City of Frankfort and County Fiscal Court, a request for funds for the operation of the Commission for the ensuing year.
(I) For the purpose of operation of the Tourist and Convention Commission and to finance the cost of acquisition, construction, operation and maintenance of facilities useful in the attraction and promotion of tourist and convention business, there is hereby imposed and levied a transient room tax of 3%.
(J) On and after 7-1-1988, every person, company, corporation or other like or similar persons, groups or organizations doing business as motor courts, motels, hotels, inns or like or similar accommodations businesses in the City of Frankfort or the county shall pay quarterly into the city or County Treasury for periods ending September 30, December 31, March 31 and June 30 of each year a transient room tax of 3% of the gross rent for every occupancy of a suite, room or rooms charged and collected by them during such quarterly periods. Such tax shall be due and payable on or before the last day of the month next following the last day of each such quarterly period, together with a return on a form furnished by or obtained from the City Treasurer or County Treasurer setting forth an aggregate amount of gross rentals charged and collected during the preceding quarter for every occupancy to which the transient room tax applies, together with such other pertinent information as the City Treasurer may require.
(K) Any tax imposed by this section which shall remain unpaid after it becomes due, as set forth herein, shall have added to it a penalty of 10% together with interest at the rate of 0.5% for each month of delinquency, or fraction thereof, until paid.
(L) The tax imposed by this section shall not apply to rentals paid on occupancies of 90 consecutive days or longer.
(M) The tax imposed by this section shall be in addition to other general taxes and the occupational or business license tax.
(Ord. 12 (1988), passed 6-10-1988) Penalty, see § 31.99
(A) The Authority shall be named “Capital Community Economic/Industrial Development Authority”, hereinafter referred to by this section as “Authority”, with Authority having the same meaning as set forth in KRS 154.50-310.
(B) The Authority shall consist of six members, with the Mayor to appoint three members and three to be appointed by the County Judge/Executive.
(C) The initial term of the Authority members shall be staggered so that one county and one city member are appointed for two years, one county and one city member are appointed for three years, and one county and one city member are appointed for a four-year term. The county and city member appointed for the initial four-year term shall be appointed from a list of six nominations made by the private contributors. Upon the expiration of these staggered terms, the members shall serve for a term of four years, or until his or her successor is appointed and qualified. The Mayor and County Judge/Executive shall be ex-officio, non-voting members of the Authority for coordination between governments.
(1) An Authority member may be replaced by the appointing executive upon a showing of such appointed executive of misconduct of the Authority member or upon conviction of a felony.
(2) The County Judge/Executive and Mayor shall appoint the members and designate the initial term to be served by each on the Authority, subject to the foregoing provisions.
(3) The members of the Authority shall elect such officers, hold such meetings and establish such rules and regulations as they deem necessary and proper to carry out the Authority’s functions under KRS 154.50-301 through KRS 154.50-346. The Authority shall adopt by-laws covering such matters as election of officers; hiring of staff; establish the place and time of regular meetings, and for procedures, including notice to the members, to be followed for special meetings, including compliance with KRS 61.805 through 61.850; and adopting standards of conduct by the Authority members and staff; and setting the operating procedures for handling business inquiries. The by-laws may be adopted or amended at any regular meeting or special meeting by the appropriate vote of two-thirds of the voting members of the Authority. Otherwise, two-thirds of the membership of the Authority at a regular or duly noticed special meeting shall be a quorum for the purpose of conducting business.
(4) Should any Authority member become a candidate for public office, his or her position on the Authority shall forthwith be deemed vacant.
(5) The Authority, through its Chairperson, who shall be elected by the Authority members, shall act in a supervisory capacity to the Authority Director.
(6) The role of the Authority shall be to:
(a) Develop and periodically update a strategic plan for economic developments;
(b) Establish goals and objectives based upon community and professional input;
(c) Set policy for operations;
(d) Rent office space;
(e) Determine the type and frequency of the staff liaison to be mounted between meetings to keep the Authority members informed of the progress;
(f) Assemble advisory committees; and
(g) Periodically report progress to the appointing authorities.
(7) The Authority Director shall implement the plan and program. He or she shall have the latitude to additionally provide staff support for the County Development Cooperation and the Industrial Foundation.
(8) Expenses of the Authority shall be paid by the Authority, including cost of office space, equipment, salaries, benefits, health insurance, worker’s compensation, industrial surveys, report preparation, audits and the like.
(D) The Authority shall have the purpose, duties and powers provided in KRS 154.50-301 through the KRS 154.50-346; provided, however, that, the Authority shall not incur indebtedness in excess of approved operating budget without prior approval of the Frankfort City Commission and the County Fiscal Court.
(1) There is hereby created a fund to be known as the “Industrial Fund”, which shall be used for the purpose of financing and exercising the powers provided for in this section. The fund shall consist of such sums of money as may be hereafter appropriated by the City of Frankfort, the county or other government sources and private contributors; and all of the rentals, interest, income, dividends, earnings and moneys available from the sale, lease, conveyance or other disposition of any property acquired pursuant to the powers exercised by the Authority under the terms of this section; and such other sums as may be provided by ordinance or state statutes or the laws of the United States of America.
(2) The share of the appropriated/contributed funds for the Authority’s operating budget shall not exceed $60,000 each per year for the first five years by the Fiscal Court and City Commission and shall not be less than $40,000 per year from the private sector. Private sector contributions shall be non-refundable if private sector contributions are less than $40,000 for any fiscal year. The Frankfort City Commission and the County Fiscal Court may elect to withhold public funding for the following fiscal year. Appropriation for any partial year will be prorated.
(3) The Authority shall function on a fiscal year basis of July 1 to June 30. However, the first year of operation shall be considered to start upon receipt of the contributed funds and shall continue through the next following June 30.
(4) The Authority shall cause all accounts, records and books concerning the management, operation and disbursement of said fund and of properties acquired thereby to be accounted for in the manner provided for by KRS 154.50-336. In addition thereto, the appointing authorities shall require an annual audit, the expense of which shall be borne by the Authority.
(5) The Authority shall prepare an operating budget for each fiscal year and shall submit such budget to the City Commission of the City of Frankfort and County Fiscal Court for approval not less than three months prior to the commencement of the fiscal year.
(6) The Authority shall work affirmatively with the Planning Commission and the city and County Planning Departments and shall rely on what the agencies provide in such areas:
(a) The Comprehensive Plan;
(b) Zoning designed to identify potential industrial and commercial sites and protect them against types of development that would lessen their attractiveness or their compatibility with surrounding uses; and
(c) Provisions of adequate governmental facilities to serve industrial sites.
(7) (a) Unless and until superseded by a more comprehensive occupation tax sharing agreement between the city and county, all occupational taxes received by the city from the Parkside development after 6-30-2006, and all other occupational taxes received by the city and/or county from new businesses and new industries obtaining business licenses after 9-30-2006 shall be deemed to be generated by the Authority’s recruitment effort, regardless of where located, and shall be shared by the city and county on a 50-50 basis. Such tax sharing, however, shall apply only to new businesses and new industries. Expansions by existing businesses/industries shall not apply. Likewise, governmental expansions or shifts of state governmental office locations between the city and county shall not come under the tax sharing requirement. However, in the event that governmental office locations change due to annexation by the city or are in a location de-annexed by the city in favor of the county, the city and county shall share the occupational taxes generated from the effected state governmental office on a 50-50 basis.
(b) For purposes of this section, NEW BUSINESSES AND NEW INDUSTRIES shall be defined as those which, after 9-30-2006:
1. Are created in the city or county;
2. Obtain or are required to obtain a business license in the respective jurisdiction because of a move by the business or industry into either the city or county from another jurisdiction; or
3. Because the location of the business or industry changed jurisdictions due to an annexation, de-annexation or expansion by the city or county.
(8) The Authority shall keep minutes of the meetings, including the number of inquiries received and the actions taken. Details of the inquiries together with executive session minutes shall be subject to the confidentiality requirements specified by the clients or prospects, not inconsistent with the state’s Open Meetings Act, being KRS 61.800 to 61.850 and Open Records Law, being KRS 61.870 to 61.884 and copies of minutes and the monthly report of receipts and disbursements shall be furnished to the city and county by the tenth day following the month reported upon.
(E) By appropriate resolution, the Frankfort City Commission or the County Fiscal Court may request for dissolution of the Authority, whereupon all funds, property and other assets held by the Authority shall be divided between the city and the county in the same proportions as the cumulative aggregate contributions of each to the Authority, including interest, paid on any indebtedness of the Authority; provided, however, that, no dissolution shall be made until all legal obligations of the Authority shall be satisfied and all existing commitments fulfilled.
(Ord. 5-2018, passed 2-2-2018)
(A) Planning Unit created.
(1) Creation. The City of Frankfort and the county do hereby form a joint planning unit by combining their planning operations into a joint city-county planning program.
(2) Area of jurisdiction. The area of jurisdiction of the joint city-county planning operation shall include all of the City of Frankfort and the county.
(B) Planning Commission created.
(1) Creation. A joint planning commission is hereby created, which shall be known as the “Frankfort-Franklin County Planning Commission”. The city and county shall have equal representation on the Commission, and at least two-thirds of the members shall be citizens who are not elected officials, appointed officials or public employees of the city or county. The Mayor and County Judge shall appoint the members with the approval of their respective legislative bodies.
(a) Number of members. The Planning Commission shall consist of a total of nine members.
(b) City members. The city’s representatives shall total four citizen members.
(c) County members. The county’s representatives shall total four citizen members.
(d) Governor’s appointment. The Governor of the commonwealth under authority of KRS 100.133(2) shall appoint one person to the Commission who shall serve until replaced.
(e) Term of office.
1. The term of office shall be four years ending on July 1 of the designated year, and terms of those first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern and July 1 date.
2. The term of office for any person appointed to the Commission and designated as an ex-officio or non-citizen member by the responsible legislative body shall serve until the conclusion of their term in office or until replaced by the legislative body.
(f) KRS 100.147. Vacancies on the Planning Commission shall be filled within 60 days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the terms of office, it shall be filled for the remainder of that term.
(2) Reimbursement and compensation of members. All members shall be reimbursed for any necessary expenses authorized by the Planning Commission, but only citizen members may be compensated for their meeting time. For each official Commission meeting attended, each citizen member shall be compensated a sum of $25, with the total compensation for each member in any one year not to exceed $300.
(3) Method of proration of financial support. The Commission shall have the right to receive, hold and spend funds which it may legally receive from any and every source, including applicant fees. As for the proration of city and county contributions, it is agreed that the County Fiscal Court will appropriate one-half and that the Board of Commissioners of the City of Frankfort shall appropriate the remaining one-half. Request for contributions must be submitted no later than February 1, and approval by the respective legislative bodies each fiscal year.
(C) Other details of Commission operation. All other details for the joint City-County Planning Commission operation which are necessary for the establishment and administration of the Commission, for the preparation of plans and for the assistance to help implement the plan shall be as described in KRS Ch. 100 as passed in 1966, and as may be amended from time to time. The Planning Commission shall adopt by-laws not inconsistent with KRS Ch. 100, this agreement and ordinances and regulations approved by the City Commission and the Fiscal Court.
(D) Legal counsel. The Planning Commission shall have legal advise and guidance through services of an attorney. Employment of legal counsel shall be detailed in a contract subject to the approval of the city and county legislative bodies. Should the Commission’s attorney disqualify himself or herself on any subject matter pending before the Commission, the Commission shall request counsel from either the City or County Attorney. The City or County Attorney may act consistent with the request of the Planning Commission or recommend outside counsel.
(E) Board of Zoning Adjustments.
(1) Board of Zoning Adjustments created. A joint Board of Zoning Adjustments is hereby created, which shall be known as the “City-County Board of Adjustment of Frankfort and Franklin County, Kentucky”. The Mayor and the County Judge shall appoint the members with the approval of their respective legislative bodies.
(a) Number of members. The Board of Zoning Adjustments shall consist of a total of seven members.
(b) City members. The city’s representation shall total three members who shall be citizens, freeholders/taxpayers and legal voters of the city.
(c) County members. The county’s representation shall total three members, who shall be citizens, freeholders, taxpayers and legal voters of the county.
(d) Citizen member. The Mayor of the City of Frankfort shall appoint one member, who shall be a citizen, freeholder, taxpayer and legal voter of the City of Frankfort. This member shall be chosen from a list of not less than three candidates provided by the Planning Commission and shall not be a member of the Planning Commission. This provision shall become effective 7-1-1989.
(e) Term of office. The term of office of all members shall be four years, ending on July 1 of the designated year, and terms of those first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively, with later appointments or reappointments continuing the staggered pattern and July 1 date.
(2) Reimbursement and compensation of members. All members shall be compensated for any authorized expenses and compensated for their meeting time. For each official meeting attended, each member shall be paid a sum of $50, with the total compensation in any one year not to exceed $600.
(3) Other details of the Board’s operation. All other details for the joint City-County Board of Zoning Adjustments operation which are necessary for the establishment and administration of the Board shall be as described in KRS Ch. 200 as passed in 1966, amended, and as may be amended in the future of the state statutes and the planning and zoning ordinances and regulations not inconsistent herewith.
(F) Amendment of agreement. This agreement may be amended from time to time by the mutual consent of the City Commission and the Fiscal Court, with such amended agreement filed in the County Clerk’s office.
(Ord. 39, passed 39, passed 3-24-1989; Ord. 9 (2008), passed 12-29-2008; Ord. 9-2023, passed 8-24-2023)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person who shall knowingly file a false or fraudulent return required by § 31.02(J) of this chapter shall, upon conviction, be fined not more than $100 or imprisoned for not more than 30 days, or both such fine and imprisonment.
(Ord. 12 (1988), passed 6-10-1988)