KENTON COUNTY FISCAL COURT

AUGUST 17, 2004

M I N U T E S

The special called meeting of the Kenton County Fiscal Court was called to order at The Red Barn by Judge Executive Ralph A. Drees at 6:10 p.m. on Tuesday, August 17, 2004.  Present at the meeting were Commissioners Dan Humpert, Adam Koenig and Barbara Black; Deputy Judge Executive Scott Kimmich; Emergency Management Director Ed Burk; Solid Waste Management Coordinator Roger Wells; Fleet Management Director Fred McKenney; Animal Shelter Director Dan Evans; County Road Engineer Charlie Meyer; Public Works Director Joe Murphy; Jailer Terry Carl; County Attorney Garry Edmondson; Human Resources Director Joe Shriver; Police Chief Bill Dorsey; Ryland Heights Mayor Bob Miller; Court Reporter Cathy Johnston; and Guests.

Judge Drees brought the meeting to order and announced the business part of the meeting would come first and then the town hall part of the meeting could begin.

The invocation was given and pledge of allegiance led by Commissioner Barbara Black

General Business

Award Motorola bid for CAD/RMS management system, Chief Dorsey reporting:  This project was started over three years ago to bring the MDT and CAD/RMS system to Kenton County to upgrade the communications system for all public safety departments.  This is the last part of this system and once the system is in place, the county and all cities will be on it except for Covington, Erlanger and Elsmere.  All cities can share information in criminal activities, histories, plot events through GIS, and can follow crime trends and be able to share the data.  Citizens will be able to get reports for any event that takes place in these cities since we will be sharing data.  The contract is in the amount of $1,000,000 from a federal grant and will not use any county money, and a lot of hard work went into it and the fiscal court is to be commended.

Chief Dorsey introduced Mr. Jerry Green, Account Executive for Motorola, who will be working with the fiscal court to put this program on line and make it a success.

Judge Drees asked for comments and questions.  Deputy Judge Kimmich said the court is being asked to authorize the execution of the contract in an amount not to exceed $1,000,000.  There are still two small questions that need to be worked out of which the Chief and Mr. Green are aware of that are technical issues.  These need to be resolved before the contract is executed later this week.

Commissioner Humpert made the motion for the Judge to execute the contract up to $1,000,000; seconded by Commissioner Koenig.  The motion unanimously passed following roll call.

Resolutions

Resolution No. 04-16-Authorize the issuance of bonds in the amount of $2.75 million for Redwood Rehabilitation Center, Garry Edmondson reporting:  The bonds were originally for a larger amount and they had an anonymous donor who donated a substantial amount, so they were able to lower the amount of the bond and this amount reflects that change in the bonds to be issued.  This does not put the county or fiscal court at risk but simply a mechanism to insure that Redwood can borrow the money in good grace to build their new building for the rehab center.

Judge Drees said this did not amount to any obligation on the part of the county, but that the county was needed for the tax-free interest rate.  Judge Drees also said that if something happened and Redwood could not meet its obligation, which no one thought was going to happen, that it would not be the county's responsibility.

Commissioner Black made the motion for the authorization; seconded by Commissioner Koenig.  The motion unanimously passed following roll call.

Resolution No. 04-18-Authorizing formulation and implementation of a plan for refunding the Kenton County garage bonds at a lower interest rate, Scott Kimmich reporting:  The recommendation before the court is to adopt a resolution authorizing the reissuance of bonds 1996 for the parking garage in Covington.  If bonds are issued and paid off early, there is a prepayment clause, but in evaluating the prepayment clause against the amount of interest that can be saved, our financial advisor, Robert Cooper of Seasongood and Mayer, indicates it is still his belief that we can save $500,000 over the life of the bonds by going through refinancing at this time.  This resolution will authorize the County Treasurer to proceed with the development of documentation to reissue the bonds, and when interest rates start moving, the county would have the option not to move forward if we choose.

Judge Drees said he would like to know a lot more about this than some consultant saying it is a good deal and more information is needed.

Commissioner Koenig suggested that this resolution be tabled and asked if this wasn't a two-step process.  Commissioner Humpert asked that it be brought up some other time after it is looked further into and Commissioner Black suggested that Mr. Cooper also needed to be present.

Commissioner Koenig made the motion to table with Commissioner Humpert's second.  All court members voted aye to table.

Ordinances

Ordinance No. 225.38-Second reading to recommend the adoption of the 2004 tax rates:  The court has in hand the report to set the real property rate on the general fund at 13.5, the cooperative extension district at .9 and the health district at 2.0.  As indicated, section two sets the general fund for gross receipts on personal property at 15.8, coop at 1.0 and the health district at 2.0.

Judge Drees entertained the motion to approve made by Commissioner Humpert; seconded by Commissioner Koenig.  Upon roll call vote, Commissioner Humpert answered yes; Commissioner Black answered no; Commissioner Koenig answered aye and Judge Drees answered aye.

Ordinance No. 451.7-Second reading amending the Kenton County Code of Ordinances, Chapter 113, pertaining to the regulation of sexually oriented business and service oriented escort bureau activity throughout Kenton County, Garry Edmondson reporting:  A public meeting and the first reading of this ordinance was held in Ft. Mitchell several months ago and it has been on the website and discussed at great length.  A few typos were pointed out and some language that some thought was confusing and this has been corrected.  Essentially the same ordinance is before the court with these corrections and and some final additions of studies from the city of Garden Grove.  Attorney Edmondson said he arbitrarily placed in the copy an implementation date and it needed to be looked at to see if it is agreeable of no later than September 30 that the license inspector would notify any owners of currently licensed businesses that this ordinance is in effect.  Any sexually oriented businesses that are currently in operation would need to, by October 30, complete the license procedure.  This should give everyone plenty of time to get the procedure done.

Commissioner Black asked for the date again from Mr. Edmondson.  He said the date suggested was September 30 that the license inspector would notify each business that would fall under the ordinance that it had passed and they need to get a license.  The licensee would complete the application no later than October 30.

Commissioner Humpert asked if where it now says June 30, that would be October 30, and where it says May 30, if that would be September 30?  Attorney Edmondson answered yes and that this was enough time to get the program up and running.  It could be extended if this was not enough time.  There are only three or four licensees that are known at this time and it should not be too difficult to let them know and get them in compliance.

Judge Drees asked for the pleasure of the court.  Commissioner Black made the motion to approve with the changes; seconded by Commissioner Koenig.

Commissioner Black said that for the citizens' benefit maybe it should be explained as to what the court is trying to do.  The court has been involved in the process of working this out for several years.  As leaders in Kenton County, the court is responsible for providing as much protection for residents and the families against all the negative, secondary effects that come with sexually oriented businesses.  The Supreme Court has said that businesses have a right to come and establish a business but the Supreme Court also provided various ways and means of licensing regulations to try to counter the decrease in property values, and the increase in crime, drug use, prostitution and all of the additional police activities because of all of these negative, secondary effects.  The Supreme Court has given counties and governments the opportunity and some ways they can license these establishments to counteract all of the negative, secondary effects.  The court is taking the leadership right to get these licensing regulations in place ahead of time.

Upon roll call, the ordinance unanimously passed.

Consent Agenda

Claims list-There being no questions or comments, the treasurer will pay the bills listed.

Mr. Frye asked that the record reflect that he gave to the court a copy of the monthly report for July, 2004.

HANDOUT NO. 04-58-Authorization for the Judge to sign renewal of third party administrator service agreement with Alternative Service Concepts, LLC (ASC), Joe Shriver reporting:  This was a part of the bid renewal in May for property, casualty and liability.  ASC did sign it but did not send it back to us.  Basically, we are asking that the Judge be authorized to sign the contract and we have been with ASC for the last three to four years and they have given good service.

Judge Drees entertained a motion for approval.  The motion was made by Commissioner Koenig; seconded by Commissioner Humpert.  The motion was unanimously approved following roll call.

HANDOUT NO. 04-59-Authorization to award the bid for lubricants to the R. D. Holder Oil Co., Inc., Scott Kimmich reporting:  This is for renewal of the contract.

Commissioner Black moved for approval with Commissioner Koenig's second.  The motion was unanimously approved following roll call.

HANDOUT NO. 04-60-Awarding of bid for Cruise Creek stabilization to Ultra Technic Construction, LLC in the amount of $174,000:  Judge Drees said there were five companies that bid and this was by far the lowest bid.

Commissioner Humpert asked Charlie Meyer if this was someone with whom we had previously dealt.  Mr. Meyer said we had not dealt with this company before but they had done work in Boone County and they were very pleased.  Commissioner Humpert then asked if he had checked to see if they did quality work and Mr. Meyer answered yes that he was okay with their work.

Commissioner Black asked if this was one of the seven slips for which the bond issue had been done and Mr. Meyer answered in the affirmative.

Judge Drees asked if this was one of the last ones for the year.  Mr. Meyer said this was the last one prepared for bid and there are still slides but there are no plans for them at present.

Judge Drees asked for a motion and Commissioner Black made the motion to award the bid; seconded by Commissioner Humpert.  The award unanimously passed on roll call.

HANDOUT NO. 04-61-Confirmation of waiver of conflicts of interest by and between the County of Kenton and H. Lawson Walker II, Scott Kimmich reporting:  In the packet to the court is a letter dated August 11 from Mr. Walker.  Mr. Walker is representing the county in litigation through its insurance fund in the case of Jump and the Planning Commission.  He is also the attorney for Healthpoint who has agreed to serve as our doctor at the Kenton County Corrections Facility.  Having now been through three bidding processes in the last year, this contract needs to be moved through as soon as possible, but in order to do this, both Healthpoint and the fiscal court have to waive conflicts of interest for Mr. Walker to prepare the contract.  He needs to get the contract ready for the County Attorney's review and come to the fiscal court for action as soon as possible.

Commissioner Humpert asked the County Attorney if this was appropriate and he answered yes, and that it was rare but very good for an attorney to come and ask.

Commissioner Koenig moved for approval with Commissioner Black's second.  The confirmation unanimously passed upon roll call.

Judge Drees asked if anyone had any more comments before adjournment.  Commissioner Black said that this stand being taken on protecting families against the negative, secondary affects of sexually oriented businesses has not gone unnoticed.  She said she and the members of the fiscal court felt very strongly that you have to take a stand and be proactive in protecting the citizens, and you cannot be intimidated when the time comes to make those kinds of decisions.  This may be a part of history making and she is excited that we are moving forward, because there are many other communities around here and south of us that have not done this and are already feeling the effects.  A community should not be open to this possibility.

There being no further comments, Judge Drees asked for a motion to adjourn the business meeting.  Commissioner Humpert made the motion to adjourn; seconded by Commissioner Black.  The adjournment of the meeting passed with a unanimous aye vote.