KENTON COUNTY FISCAL COURT
MEETING MINUTES
INDEPENDENCE COURTHOUSE
AUGUST 01, 2006
7:00 PM
CALL TO ORDER:
The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse at 7:00 p.m. on August 01st, 2006 by Judge-Executive Ralph A. Drees
Present at the Meeting were Judge-Executive Ralph A. Drees, Deputy Judge-Executive R. Scott Kimmich, County Attorney Garry Edmondson, Treasurer Ivan Frye, Kenton County Police Chief Ed Butler, Jailer Terry Carl, Public Works Director Joe Murphy, and Patty Krohman, Administrative Assistant to Judge-Executive Ralph A. Drees, who was taking the Meeting Minutes in the absence of Fiscal Court Clerk Catherine Johnston, and guests.
INVOCATION AND PLEDGE OF ALLEGIANCE:
The Invocation and Pledge of Allegiance was led by Commissioner Dan Humpert.
APPROVAL OF MINUTES:
Judge-Executive Drees asked the Court for approval of the Meeting Minutes dated July 11th, 2006.
Motion was made by Commissioner Humpert and seconded by Commissioner Black that the Meeting Minutes for July 11th, 2006 be approved as read.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
DELEGATIONS:
There were not any delegations to appear before the Court.
GENERAL BUSINESS:
No general business items were brought to the Court's attention at that time.
RESOLUTIONS:
Resolution No. 06-16: (Action Requested)
Provide funding for noise mitigation projects under the Kenton County Airport Board's noise compatibility plan – Attorney Will Ziegler reporting:
Attorney Will Ziegler advised that the FHA offered a Grant to the airport of $5, 844,652.00 to reimburse the Airport Board for expenditures that they are in the process of completing the soundproofing of various schools. Basically, the Federal Government paid a portion of the cost but not all of it. Attorney Ziegler stated that the previous Grant amount was this year's allocation coming out of Federal funds. This Grant had been offered to the Airport Board and also simultaneously to the County of Kenton because the County of Kenton was also a sponsor of the airport. The Resolution was before the Fiscal Court to be accepted that evening. Attorney Ziegler stated that the Grant was nothing new as the Grants had been coming for decades. Attorney Ziegler advised that the Grant amounts were getting bigger due to the costs increasing.
Commissioner Humpert asked for the amount of the Grant and if it was for Noise Mitigation?
Attorney Ziegler advised that the amount was $5, 844,652.00 and was for Noise Mitigation.
Judge-Executive Drees asked for approval of Resolution No. 06-16 by the Fiscal Court.
Motion was made by Commission Black and seconded by Commissioner Humpert to approve Resolution No. 06-16.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
Resolution No. 06-17: (Action Requested)
A Resolution of the Kenton County Fiscal Court providing for the execution of a renewal of an agreement by and between the Kenton County Fiscal Court and the Northern Kentucky Independent Health District for tuberculosis testing of inmates at the Kenton County Detention Center. (Deputy Judge Kimmich to answer any questions)
Deputy Judge-Executive Kimmich stated that basically Resolution No. 06-17 was a renewal of the contract with the District Health Board to provide testing for tuberculosis of inmates in the jail and for treatment of those individuals who would otherwise go without treatment.
Deputy Judge-Executive Kimmich advised that one and a half years ago, the Jailer working through the District Health Department and the Department of Immunology. began the process of having the Health Department perform the tuberculosis tests and recommend and provide treatment of those individuals that would be diagnosed with the disease while in the County Jail..
Deputy Judge-Executive Kimmich stated that tuberculosis was one of those diseases that still required reporting.
Deputy Judge-Executive Kimmich advised that the County did not pay for the service and it was appropriate for the Health Department to be administering those tests.
Deputy Judge-Executive Kimmich stated that Resolution No. 06-17 was just a renewal of the existing contract which expired on June 30th, 2006.
Motion was made by Commissioner Black and seconded by Commissioner Koenig to approve Resolution No. 06-17.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
Resolution No. 06-18: (Action Requested)
A Resolution of the Kenton County Fiscal Court acknowledging and approving "Nunc pro tunc" the execution of a Deed of Conveyance from the Kenton County Fiscal Court to the City of Covington, Kentucky, a parcel of land generally described as the "yoke", in the City of Covington for which the Fiscal Court received consideration in the amount of $110,000 in 1994. (Deputy Judge Kimmich to answer any questions).
Deputy Judge-Executive Kimmich advised that in 1994 the County entered into a contract with the City of Covington whereby the County had provided services to the city and the city had in turn done some work for the County with the end result being there was a net amount owed to the County of $53, 565.00.
Deputy Judge-Executive Kimmich stated that in the process of switching out payments, the City of Covington was credited $110,000.00 for the Roebling Development which was the "yoke" parking lot adjacent to the Roebling Housing Development..
Deputy Judge-Executive Kimmich advised that the City of Covington in essence paid the County $110,000.00 credit for that project, and the Judge-Executive did execute the "Deed of Conveyance" last week at the request of the City Solicitor who then called back and advised that there had to be a formal resolution of the Legislative body in order for the Clerk to record the "Deed of Conveyance".
Deputy Judge-Executive Kimmich stated that consideration had been received, the County had been compensated, and it needed authorization that evening for Judge-Executive Ralph A Drees to execute the Deed.
Judge-Executive Drees asked for a vote on Resolution No. 06-18 from the Fiscal Court.
Motion was made by Commissioner Koenig and seconded by Commissioner Humpert to approve Resolution No. 06-18.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
ORDINANCES:
Ordinance No. 820.2 (Action requested)
First Reading to amend Ordinance No. 821.1 pertaining to smoking in Kenton County Facilities. (Deputy-Judge Kimmich reporting) (ACTION TO BE DELAYED PENDING FURTHER LEGAL ANALYSIS)
Deputy Judge-Executive Kimmich advised that the Ordinance had been presented that evening expecting to take action, but upon reviewing the Ordinance with the County Attorney's Office and other individuals as it related to defining "County Properties", as well as the fines involved, the Fiscal Court was being asked to table Ordinance No. 820.2 at that time and bring it up at a future date after there had been sufficient review on the matter.
Judge-Executive Drees called for a vote on Ordinance No. 820.2 from the Fiscal Court.
Motion was made by Commissioner Humpert and seconded by Commissioner Black to table Ordinance No. 820.2 until there was further legal analysis done by County Attorney Garry Edmondson.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
Ordinance No. 924.30:
Second reading of a proposed text amendment pertaining to flood plain regulations. (Deputy Judge Kimmich reporting)
Deputy Judge-Executive Kimmich stated that in the adoption of the First Reading of Ordinance 924.30 wherein the regulations relating to swimming pools were deleted due to creating controversy since those regulations were not mandated under the Flood Plain Ordinance, which was a separate Ordinance being enforced by the Planning Commission under the Building Code, but the Flood Plain regulations that were before you tonight and were presented as Exhibit A at the previous meeting, were being presented this evening for action to be taken.
Deputy Judge-Executive Kimmich advised that it was recommended that the Fiscal Court adopt those Regulations with the staff recommendations and findings of the Area Planning Commission and the Kenton County Planning Commission.
Judge-Executive Drees called for a vote on Ordinance No. 924.30 from the Fiscal Court.
Motion was made by Commissioner Humpert and seconded by Commissioner Koenig to approve Ordinance No. 924.30.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
CONSENT AGENDA:
A, Operations
1. Claims List
Treasurer Ivan Frye advised the record should reflect that there were two different Claims List dated July 20th, 2006 and also July 26th, 2006.
Treasurer Frye stated that some invoices had to be paid and put on separate Claims List due to no Fiscal Court Meeting.
Commissioners' Black, Humpert, and Koenig stated that they had not received the Claim's List for review.
Treasurer Frye advised that he would take care of providing the Commissioners with both of the Claims Lists as soon as possible.
Judge-Executive Drees advised that the Claim's Lists of July 20th, 2006, and also July 26th, 2006 would be approved subject to review by the Fiscal Court.
1. Administrative Actions:
Handout No. 06-43 (Action Requested)
Approval of bid in the amount of $4,200 for the lot located at 864 Western Avenue in Covington. (Ralph Bailey reporting)
Deputy Judge-Executive Kimmich advised that Mr. Bailey was not present at the Meeting
Judge-Executive Drees advised that this was a lot in foreclosure and needed to be put back in the record books.
Judge-Executive Drees called for a vote on Handout No. 06-43 from the Fiscal Court.
Motion was made by Commissioner Black and seconded by Commission Humpert to approve Handout No. 06-43.
The Motion was unanimously approved with the voice vote of aye. Motion carried.
Handout No. 06-44LAction Requested)
Request permission to have Judge-Executive Ralph A. Drees to sign a one-year contract with Secure Pharmacy Plus, LLC. (Jailer Terry Carl reporting)
Jailer Carl advised Secure Pharmacy had been used by the jail for the last three or four years. Jailer Carl advised that they were the lowest bid and they were the State bid. Jailer Carl stated that in order to get the State contract they went from $3.40 (and $3.40 was to fill prescriptions) to $2.95. Jailer Carl advised that it would be for one year extensions if the Fiscal Court agreed to the contract at the end of this year.
Commissioner Humpert stated that he liked the fact that the price went down instead of up.
Commissioner Black asked if it was specified if after one year the price could or would increase?
Jailer Carl stated that the prices would be the same as the State and that was usually rock bottom pricing.
Judge-Executive Drees asked for a vote on Handout No. 06-44 from the Fiscal Court.
Motion was made by Commissioner Koenig and seconded by Commissioner Black to approve Handout No. 06-44.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
Handout No. 06-45: (Action Requested)
Renewal of an agreement for food service in the Detention Center with Aramark for one year. (Jailer Terry Carl Reporting)
Jailer Carl advised that Aramark Food Service increased the cost of each meal by $.03 which would be an amount of approximately anywhere between $14,000.00 to $15,000.00 in additional monies.
Judge-Executive Drees asked how much was the cost per meal before the increase?
Jailer Carl advised that each meal was $.81 with the cost to go to $.84 per person.
Commissioner Humpert asked if Aramark had done a good job during the past year?
Jailer Carl advised that he felt that Aramark did a good job.
Commissioner Humpert asked if this was something that the County had saved money on since it had been started?
Jailer Carl stated that he did not have the figures that were needed and would refer that question to the County Treasurer Ivan Frye.
County Treasurer Frye stated that the cost for the food was $100,000.00 underneath the food cost for last year and some personnel reduction was saved by moving some employees to other positions. County Treasurer Frye stated that there was a provision in the contract with Aramark to receive a "cost of living" increase of three (3%) per cent and that amount was in line with the "cost of living" increase that had been anticipated.
Jailer Carl stated that a two (2%) or a three (3%) increase could be expected just about every year.
Motion was made by Commissioner Humpert and seconded by Commissioner Koenig to approve Handout No. 06-45.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
B: EXECUTIVE ORDERS:
1. Board Appointments\Operations
2. Personnel
Executive Order No. 06-57 (Action Requested)
Appointment of Jerry Zimmerer as a part-time utility employee at the Kenton County Golf Courses.
Motion was made by Commissioner Koenig and seconded by Commissioner Black to approve Executive Order No. 06-57.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
CITIZENS ADDRESS:
There were no citizens present to address the Court at that time.
ADMINISTRATIVE REPORTING:
A. Deputy Judge-Executive Kimmich advised that there was one (1) other item to come before the Court that evening. Deputy-Judge Executive Kimmich stated that he was bringing the matter before the Court as a precautionary measure. Deputy Judge-Executive Kimmich advised that in August, 1990, Judge-Executive Clyde Middleton executed a "Deed of Conveyance" on a parcel of property on behalf of Kenton County to a "Danny Smith". Deputy Judge-Executive Kimmich advised that on the last page of the Deed it stated "that the foregoing instrument was acknowledged before me on this the 24th date of August, 1990, by the County of Kenton, Kentucky" and was then notarized. Deputy Judge-Executive Kimmich stated that the "County of Kenton, Kentucky" was typed on the document. Deputy Judge-Executive Kimmich advised that when the individual went to sell the property, the title search showed a "flawed" title in that the County cannot execute an instrument. Deputy Judge-Executive Kimmich advised that the title should have read "By Clyde Middleton, acting on behalf of Kenton County". Deputy Judge-Executive Kimmich stated that the bottom line was that there needed to be a Motion of the Fiscal Court to authorize the now Judge-Executive Ralph A. Drees to issue a Quit-Claim Deed to clean up the Deed that was recorded in the year 1990. Deputy Judge-Executive Kimmich advised that it probably did not require official action by the Fiscal Court but if someone should come back in ten (10) years hence and ask why did Judge-Executive Ralph A. Drees issue a "Deed of Conveyance", it should be in the record that the document was prepared in the year 1990 and it should have been corrected at this time.
Commissioner Humpert asked County Attorney Edmondson if that procedure should be done?
County Attorney Garry Edmondson stated that if that was what the Title Attorney wanted, then it should be corrected.
Motion was made by Commissioner Humpert and seconded by Commissioner Black to correct the "Deed of Conveyance" from 1990.
Motion was unanimously approved by a voice vote of all voting aye. Motion carried.
B. Treasurer Ivan Frye
Treasurer Frye stated that he had one (01) matter. Treasurer Frye advised that he would like the record to reflect that the Treasurer's Settlement for the Fiscal year that ended June 30th, 2006, had been completed and was published in the newspaper that day. Treasurer Frye stated that he had also given the Commissioners a copy of the Financial Statement for the end of the month. Treasurer Frye advised that that was an annual requirement that had to be done.
C. Human Resources Director:
The Human Resources Director Joe Shriver was not present at the Meeting.
COMMISSIONERS' REPORTS:
Commissioner Barbara Black had nothing to report;
Commissioner Dan Humpert had nothing to report:
Commissioner Adam Koenig had nothing to report:
JUDGE-EXECUTIVE'S REPORT:
Judge-Executive Ralph Drees had nothing to report but asked County Attorney Edmondson about the matter of the cell phones?
Attorney Edmondson advised that he had not heard anything on the matter.
Judge Drees said he would like to get that matter resolved at the next Fiscal Court Meeting.
EXECUTIVE SESSION:
County Attorney Garry Edmondson advised that pursuant to KRS 61.810 there
would need to be an Executive Session at that time to discuss jail litigation regarding overcrowding.
Motion was made by Commissioner Humpert and seconded by Commissioner Black
to enter into an Executive Session at that time. There would be no action taken as a
result of that Executive Session.
The Motion was unanimously approved by a voice vote of aye. Motion
carried.
Motion was made by Commissioner Humpert and seconded by Commissioner Black
to return to the regular session of the Kenton County Fiscal Court Meeting.
Motion was unanimously approved by a voice vote of aye. Motion
carried.
ADJOURNMENT:
Motion was made by Commissioner Koenig and seconded by Commissioner Humpert to adjourn the Meeting.
The Motion was unanimously approved by a voice vote of aye. Motion carried.
Text for all proposed and recently passed Ordinances may be acquired by accessing the Fiscal Court web-page at hhtp://www.kentoncounty.org or by contacting the Administrative Offices at (859) 392-1400.
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