KENTON COUNTY FISCAL COURT
M I N U T E S
AUGUST 22, 2006, 7:00 P.M.
The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse. Present at the meeting were Judge Executive Ralph A. Drees; Commissioners Dan Humpert, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Assistant County Attorney Stacey Hege; Court Reporter Cathy Johnston; and Guests.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Adam Koenig.
Approval of Minutes
Judge Drees asked the court for approval of the minutes dated August 1, 2006. Commissioner Black made the motion for approval; seconded by Commissioner Humpert. The motion was unanimously approved with the vote of aye.
Delegations
Homeland security funding update, Bill Dorsey reporting: The first of the grants received is from a company called Fire Tracs for emergency personnel identification and virtually every fireman and policeman in Kenton County has this identification that is coded on the back. These are also being made for elected government officials that would have access to emergency scenes. The value of the grant is $100,000.
The next grant is for law enforcement personal protection equipment such as masks and suits for being in hazardous materials areas and every police officer in Kenton County has this equipment. The total of this grant is $60,000.
The next one is a large grant with Boone and Campbell Counties which is a joint partnership for public safety answering points. All three counties have dispatch centers with an enhanced E-911 system that need to talk to each other. This is an 800 system that is done with microwave, not phone lines, and the value of this grant is a total of $2,800,000. This equipment is installed and will be turned on sometime in September.
By leveraging this money with other members in the region we were able in this fiscal year's grant to come up with an additional $1,000,000 that is also a partnership with Boone and Campbell Counties that will allow us microwave capability, not only between the centers, but we would also be able to use it for microwaving some of our radio communications.
The next one which is the largest is a USASI grant. This is an urban grant the Federal government allotted to people that were willing to look at regional problems. By looking regionally at resources and problems with others in the area, we were able, for the purpose of hazardous materials and mass casualty such as a bio or chemical agent, have a mobile command center and a fire truck that has air and light that can light up a very large area. The county owns a fire truck which has been given to the county fire chiefs and this truck is in need of repair or replacement and the county will replace that. There is a lot more that goes with this but this is what the county got out of the grant. There are other resources that have gone all over the region that are now available for us to share. The total of this grant is $4,500,000. Most of this grant has been awarded and the end of it will probably be in before the end of the year.
The total award for homeland security is $8,460,000. These are the items that were needed and was felt the county could use. There were some Federal grants that were not taken advantage of simply because they were not worth the expenditure for the county. The match to them made them cost more that what the county thought they were worth.
Commissioner Koenig said he wished to commend Mr. Dorsey, his predecessor and the administration for making sure that the county gets what is needed to make sure the citizens are secure as possible.
Citizens Address
Judge Drees said that Mr. Glen Pennington was present and wished to address the court. Mr. Pennington said he lives at 1982 Whitaker Avenue where the neighborhood has been terrorized and harassed for several months. The shortage of law enforcement officers is understood but this area has begged for help and does not seem to be getting it. There are suspected drug dealers and a theft ring going on in this area. Unfortunately he lives next to them and catches the brunt of the harassment. He said his life and the life of his family had been threatened and property vandalized and damaged. Several of his neighbors were also present in the courtroom to verify what he was telling the court. He said he also has video evidence and eyewitness accounts and basically the neighborhood is asking the county to help with more police protection. There have also been several burglaries.
Judge Drees asked if he was on old Highway #17 near the Ft. Wright area and he answered yes, that the area is in unincorporated Kenton County. Judge Drees asked Police Chief Ed Butler to come forward to talk about this problem.
Chief Butler said he had spoken with Mr. Pennington regarding this problem and Captain Smith has also spoken with him. The police are aware of the problem and it is certainly taken seriously. The police have recently arrested a gang of juveniles charged with burglaries and other offenses. Last week in a conversation with Mr. Pennington, he brought the drug activity accusation to attention and the drug strike force and patrol officers have been informed of this activity. The police are there as frequently as possible, but we have a large area to service. Mr. Pennington and others have been asked to please call when something is active, but the legal process does take time and sometimes the police arrive after the activity has taken place.
Judge Drees asked Chief Butler to elaborate on the drug strike force. The chief said they are located in this area and are a joint task force among the three counties and some of the cities. When drug complaints are received, they actively investigate them just as any other criminal complaint and each one is taken seriously. They may be investigating now behind the scenes that we are not aware of since this is part of how this activity works, but this is being addressed along with many other drug complaints.
Commissioner Black said she appreciated Mr. Pennington coming and the court is listening. She said she was glad that he was in the county and that his video and other evidence needed to be brought forth. The county can certainly get the attention of the drug strike task force, and the taxpayers deserve all the resources that the county has. She also said she was sure that attention would be paid to this problem and she was sorry for what he and his family are having to go through. If this continues, maybe the county can push a little bit on the drug strike task force and they will follow through.
Chief Butler said that he was sure they would follow through but there are other problems besides drug activity that take time and the force is working to address them.
Commissioner Humpert asked how the residents next door were keeping up the property and asked if it was a blight condition. Mr. Pennington said that yes it was and that he had contacted Northern Kentucky Planning and Zoning who wrote a citation and gave them two weeks to do something and it has been about one week. Commissioner Humpert said the court has high expectations for Kenton County and this was undesirable and the county does not want this type of behavior either.
Judge Drees asked if anyone else wanted to speak on this issue and Ms. Angela Smith came forward to say that she lives at 1983 Whitaker and there are several other neighbors here to support Mr. Pennington and the neighborhood. We do know that the police force are working on it along with the drug strike force, but it doesn't seem as though there are enough police to get there when something is happening. She said she was one of the persons that was actually robbed and there is an actual case going on for that and it will come before the court very soon.
Commissioner Humpert said this was the first time he had heard of this, and normally when something is going on in the county that people don't like or something is bothering them, they call him. He said he had not been called, but that he guaranteed they will act to support the neighborhood.
Judge Drees said it was a police matter and the court could not personally do anything about it. Judge Drees thanked the persons who spoke and the other neighbors for their time.
General Business
No general business items were brought to the court's attention.
Resolutions
Resolution No. 06-19
Authorize, adopt, approve, accept and ratify the execution of grant agreements between the U.S.A., Kenton County, Kentucky, and the Kenton County Airport Board, Rob Ziegler reporting: We had this same thing last year. The FAA potentially has some funds that might become available toward the end of their fiscal year and, in the event they do, they want a quick turn around. The airport board has approved accepting any of those monies that may become available at their meeting last night and we are seeking approval from the court. There is no set dollar amount at this point but if they do have additional funds available at the end of their fiscal year, they will make them available quickly and we want to make sure we can get them.
Commissioner Koenig made the motion for approval; seconded by Commissioner Black and the motion unanimously passed upon roll call.
Ordinances
Ordinance No. 225.44
First reading of an ordinance to establish the county, health and cooperative extension rates for Kenton County, Ivan Frye reporting: The county sets its own tax rate and by virtue of required advertisements, the health board and cooperative extension are included even though those boards set their rates. The ordinance also includes real and personal property.
Mr. Kimmich read the following into the record: An ordinance of the Kenton County Fiscal Court relating to the levy and adoption of tax rates on real property and personal property to provide such revenue as has been budgeted and approve the expenditure in the current fiscal year for the Kenton County Fiscal Court, Kenton County Board of Health and the Kenton County Cooperative Extension District.
Judge Drees said this has now become a public document and does not need further action at this time.
Ordinance No. 924.31
First reading of a proposed text amendment to the Kenton County zoning ordinance adding child day care facility as either a permitted or conditional use within the rural commercial zone, Scott Kimmich reporting. It is recommended that this ordinance be handled the same as the one on the tax and this is simply a reading into the record. This is one that the court requested the planning commission to review and they have come back with a recommendation that it should be a principally permitted use. If there are no questions, this can be entered into the record and have the second reading at the next meeting and be able to answer other questions at that time.
Mr. Kimmich read the following into the record: An ordinance amending the Kenton County zoning ordinance adding "child day care facility" to the list of permitted uses within the RC (rural commercial) zone.
Commissioner Koenig asked if there is a license process if somebody wants to have a facility and Mr. Edmondson said there is a state licensing process.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Since there were no questions on the claims list, Judge Drees said warrants will be issued and the bills paid.
Administrative Actions
Handout No. 06-46
Interlocal agreement to create the Kenton County Joint Code Enforcement Board, Garry Edmondson reporting: The court adopted an ordinance a few months ago as part of the process of the enforcement of the property maintenance code, the zoning code, life safety code and items of this nature. A code enforcement board was created that is a civil board that allows the enforcement of these issues. There were other cities because of size, personnel, etc. that also wanted to have a code enforcement board. In this past session, the general assembly amended the statutes to permit other cities and counties to go together to form a joint code enforcement board so long as there is one in existence. The process is by interlocal agreement and one has been put together that has been taken to the seven cities and the county for adoption of the agreement. Permission is being asked of the court for the Judge Executive to be able to sign the document entering into the local enforcement board.
Judge Drees said it was his understanding that each city and Kenton County would have one member on the board and the fiscal court would approve the people that are submitted.
Commissioner Black asked Mr. Edmondson to explain how this will enable the process of the average citizen who has a complaint and how this fits into the scheme of things. Mr. Edmondson said the experience has been with the cities that have adopted a code enforcement board is that things move much quicker because without it you have to go through the criminal process which takes a lot longer. This is a civil process where fines can be levied and this board can act much more quickly. Commissioner Black asked if it means that the citizens will not have the cost for attorney fess and all of the litigation because the code enforcement board will have the authority to actually levy fines. She also asked how the fine structure would be established and Mr. Edmondson said the board would decide this within its bylaws. Commissioner Black asked if the board's decisions are brought back to the fiscal court for approval and Mr. Edmondson said they independently operate. Commissioner Black asked if there are guidelines and statutes that say what can and cannot be done as far as the limit and Mr. Edmondson said they would not be able to levy fines of more than a $1,000 per day so that would be the maximum. Commissioner Black said she liked the streamlining of the board but she did not like the idea of an independent board that answers to no one and who will hold the board accountable. Mr. Edmondson said elected officials and the same bodies that appoint people can remove them if they do not do the job. Commissioner Black asked if there was recourse in the document to remove board members and Mr. Edmondson said it does not have to be in the document but it could be plugged in although it is not necessary. Any appointing authority has the ability to remove someone who is not doing their job and these are things that can be addressed in the bylaws. Commissioner Black asked if the board members would be adopting the bylaws and Mr. Edmondson answered yes. If they are not taking care of business and want to show favoritism toward someone, a citizen could come to the fiscal court or the city and ask for that board member to be removed.
Judge Drees said he also worried about the enforcement of dollar amounts too and thought the fiscal court should see the bylaws before endorsing the board. He also asked if the $100 per meeting compensation for the board is a state statute and Mr. Edmondson said no that this was put in on purpose, and it is anticipated that this will be a very busy board that will have to frequently meet to hear the complaints. Getting people to serve on a board is not the easiest thing to do, especially when they have to meet weekly for many hours to keep up with complaints. Judge Drees said he would like to see the board go through a trial and error period before approving set amounts to be paid. Mr. Edmondson said the county is not paying anything and the way it works is that the administration of all of the code enforcements such as the building code, zoning code, etc. operates by the payment of fees. All of this money is put into a pot and part of the enforcement of that is the money that will be paying for this board and its operation. Judge Drees said he would personally like to know the administrative costs and Mr. Edmondson said there is no way of knowing this.
Commissioner Black asked who determines the amounts of the fees paid and Mr. Edmondson said the amount will be established by the interlocal agreement and the cities and counties could agree to pay them less.
Judge Drees asked Mr. Edmondson what part of his fees would be included in the administrative costs and Mr. Edmondson said that none of his costs are in the agreement. Judge Drees said that Mr. Edmondson would be the attorney and Mr. Edmondson said the county attorney has to prosecute the cases and this would be part of his duties and there would be no extra compensation. Judge Drees said he would still like to see the bylaws before voting on the enforcement board.
Commissioner Black said that the court could look at a draft copy of the bylaws and see if there were any questions and go from there. Commissioner Koenig said he would like to see this accomplished. Commissioner Black said she thought that everyone should be held accountable to someone and Commissioner Koenig said it seems that on a lot of the issues they could be held accountable to the circuit court. Mr. Edmondson said that this is the way this board is designed so that it goes straight to the circuit court.
Judge Drees said he wanted to make a motion to table the enforcement board until further information is received. The motion was seconded by Commissioner Black.
Mr. Kimmich said that on the bottom of page five it talks about the seven cities and a seven-member board, and if every city nominates someone to serve on this board, the unincorporated portion of Kenton County which has a greater population than any of the cities is not represented at all on the board. If this is the case, why doesn't the court tell the seven cities to form their own board and have the county form its own board. Why would the county give up absolute control of even one seat and give that authority to the seven cities to govern unincorporated Kenton County? Mr. Edmondson said this is the way the statute is written. Mr. Kimmich asked if the cities are guaranteed a vote on here and if the fiscal court could put someone from unincorporated Kenton County on the board and Mr. Edmondson answered yes that it was a matter of discussing this with the cities.
This interlocal agreement was tabled by the court until the next meeting and further information could be obtained.
Handout No. 06-47
Permission to surplus outdated computer equipment in the detention center, sheriff's office, information technology, treasurer's office and administrative offices: Commissioner Humpert made the motion for passage; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Handout No. 06-48
Requesting permission to sign a one-year contract extension for motor vehicle replacement parts with Rim & Wheel Services, Inc., George's Truck Center and AD&R for fleet management and Boone County Public Works, Ivan Frye reporting. This is another contract that had a one-year term and a provision that it could be extended. The parties in the contract have agreed to the same terms and extension is being asked for approval. Commissioner Humpert made the motion with a second from Commissioner Black and the motion unanimously passed with the aye vote.
Handout No. 06-49
Rejection of all bids for the installation of all materials at Rosedale Manor for the HVAC renovation, Garry Edmondson reporting: This is for complete renovation of the HVAC system. Specifications were done and there were only two bids and the problem is that the lowest bid failed to break down specific category costs that the bid requested. The other bid was $70,000 more and the options are to throw out the one that was incomplete and accept the higher bid or reject all of the bids and go out to rebid. Another provision in the county's procurement code would allow for there to be a determination that there could be a competitive negotiation type process between the two bidders and not accept either bid.
Judge Drees said this has been going on the entire time he has been in office and we finally have a bid and he would like to not put it off. He asked who would negotiate this and Mr. Edmondson said that probably the engineer and somebody from Rosedale Manor. Mr. Frye said that the two bidders resubmit sealed bids of their own as a starting point and it is hoped the county will not be involved in a lot of give-and-take. This evens the playing field level that each of them can submit their own bid to meet our needs and we can evaluate the bids.
Mr. Edmondson said the motion would be to determine under the county's code of ordinance, number 37.30D, for the Judge to advise the court that it will waive the formalities of the previously established bidding process and determine there should be a sealed bid process with competitive negotiations. Commissioner Koenig made the motion; seconded by Commissioner Humpert and the motion unanimously passed upon a roll call vote.
Executive Orders
Executive Order No. 06-58
Appointment of Keith Keys to the position of maintenance technician for buildings and grounds, effective August 1, 2006: Commissioner Black made the motion to pass with a second from Commissioner Koenig and the motion unanimously passed with the vote of aye.
Executive Order No. 06-59
Promotion of Darrin Gilven to Captain and Brian Capps to Sergeant in the police department, effective August 22, 2006: Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with the aye vote.
Executive Order No. 06-60
Resignation of Noreen Seiter as purchasing manager in the treasurer's office, effective September 1, 2006: Commissioner Koenig made the motion for approval and Commissioner Black seconded the motion with regrets. The motion unanimously passed with the vote of aye. Judge Drees said Ms. Seiter was a good employee of the county and would be missed.
Executive Order No. 06-61
Resignation of Jennifer Hendershot as tax clerk in the treasurer's office, effective September 6, 2006:
Commissioner Humpert made the motion to approve with a second from Commissioner Black and the motion unanimously passed with the aye vote.
Executive Order No. 06-62
Appointment of Harry T. Huffman to the position of part-time maintenance for the golf courses, effective August 21, 2006: Commissioner Black moved for approval; seconded by Commissioner Koenig. The motion unanimously passed with the vote of aye.
Executive Order No. 06-63
Resignation of Kevin Kreft and Eric Maven as seasonal maintenance employees at the golf courses, effective August 3, 2006 and July 14, 2006, respectively: Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion unanimously passed with the aye vote.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: Nothing to report.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: For information purposes, the Wilson vs Kenton County jail case, the alleged overcrowding case, a notice has been received from Judge Bunning that there will be an oral argument in that case on September 22, 2006, on the county's motion to dismiss. Judge Bunning wants Judge Drees and Deputy Judge Kimmich to be there along with the jailer.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Said she wished to again thank the citizens for the recycling efforts for the animal shelter that was helping to build the adoption center and to do a lot of education with children and dog obedience. Invitations are coming out for attending an event that is called diva day. It is going to be at the Five Seasons Country Club on September 28 at 11:00 a.m. There will be a luncheon and a style show to raise money for the adoption center. She said that if you are interested in attending, contact Commissioner Black or call the administrative office at the county, 392-1400, and they will be happy to give you the information.
Commissioner Humpert said this sounded like an event for ladies and Commissioner Black said men were also invited.
COMMISSIONER DAN HUMPERT-Nothing to report.
COMMISSIONER ADAM KOENIG-Nothing to report.
Judge-Executive's Report
Judge Drees said he had nothing further to report.
Executive Session
There was no executive session called.
Deputy Judge Executive Kimmich and Judge Drees came before the court to administer the oath of office to Captain Gilven and Sergeant Capps and congratulated them on their promotions.
Commissioner Humpert asked if the officers could introduce their families and they stood to greet the court.
Chief Butler thanked the court for promoting the officers and said he thought the county would be very pleased with the performance of their duties.
Adjournment
There being no further business to come before the court, Commissioner Humpert made the motion to adjourn followed by a second from Commissioner Black. The court adjourned with the unanimous vote of aye.
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Ralph A. Drees
Kenton County Judge Executive
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Fiscal Court Clerk
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