KENTON COUNTY FISCAL COURT

M I N U T E S

December 11, 2007, 9:00 A.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, Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Jerry Knochelmann; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; County Engineer Charles Meyers; Animal Shelter Director Dan Evans; Special Assistant Ivan Frye; Special Projects Manager Ralph Bailey; Assistant County Attorney Stacy Hege; County Clerk Rodney Eldridge; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Dan Humpert.­­­­­­­­­­­­­

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated November 13, 2007.  Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker.  The motion was unanimously approved with the vote of aye.

Delegations

Discussion of engineering and architectural reports regarding the Kenton County Detention Center:  Judge Drees said the court had looked at other sites and one that was looked at was Mary Laidley Drive by the animal shelter.  After having a number of engineers look at this site because it is very hilly, the court has decided to go ahead and clear this as the site contingent upon some things and this is the site the county is working on.  The county will be meeting with the construction management company on Thursday and Friday to sign the contract with them and will be talking about the plans for this site.  From this point it looks good but when you start to develop land, something can always come up so this is contingent upon phase one of the environment evaluation.  It is not anticipated that this will be a problem and should be environmentally friendly.  Soil compaction testing needs to be done and an overhead topography evaluation.  We used the plans from the Northern Kentucky Planning Commission as far as topography goes, but in order to get an accurate one, you need to do a fly over and shoot pictures which can be done only in the fall when the leaves are off the trees, and this has been ordered.

We will also have to negotiate for the acquisition of property and/or the ability to pursue condemnation of said property at a cost to be reviewed and approved by the fiscal court.  The two owners of the property have some interest, but like anything else they want to get top dollar and a contract has not been signed.  The county has not signed a contract because we have not been able to negotiate an option on it because we are far apart on the price of the land.

Judge Drees read the resolution into the record, No. 07-26, authorizing and directing that Judge Executive Ralph A. Drees is hereby authorized to proceed in the acquisition of property generally located in the vicinity of Mary Laidley Drive for the express purpose of constructing a new detention facility.

Resolution No. 07-26

A resolution to authorize and direct that Judge Executive Ralph A. Drees be authorized to proceed in the acquisition of property generally located in the vicinity of Mary Laidley Drive in the city of Covington for the express purpose of constructing a new detention facility.

The county hopes to be able to sell the excess property.  One of the owners is interested in trading and this could happen but this does give the county freedom to negotiate with the land owners.

Judge Drees asked for a motion on the resolution and Commissioner Knochelmann made the motion to accept; seconded by Commissioner Voelker.  Commissioner Humpert said he was very pleased with the resolution and that a site was found in Covington.  Commissioner Knochelmann said that it looks as if the engineering costs will not be a further financial burden on the county and Judge Drees said this does not look as though it will be a problem.  Commissioner Voelker said she would like to acknowledge all of the people who have worked hard on this project thus far, including Judge Drees and Commissioner Knochelmann who have given freely of their time, the staff of the fiscal court who have also worked hard, and especially the citizens who have taken an active part in volunteering their time as well.  This situation has gotten the community more involved in the local government and how it works and is a big win for everybody.

Commissioner Humpert said a lot of engineering reports had been received but the most favorable one was not received until yesterday morning.  Judge Drees said this was the third land plan that was done from the standpoint of topography and this is being looked at again and it is hoped that this can be improved.  Judge Drees said the road coming off of Decker Lane is going to be steep so we need to improve on it and it looks as though the amount of land we have to move is higher than the current site.

Judge Drees asked for a roll call vote whereupon Commissioner Humpert voted yes; Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.

Resolutions

Resolution 07-01-I

Approval for budget adjustments and transfers between appropriation accounts as recommended by the Kenton County Treasurer:  Mr. Knochelmann said this is to cover the additional watering that the golf courses had to do because of the dry summer we have had this year.  This is the last of the large water bills.

Commissioner Humpert made the motion for approval with a second from Commissioner Knochelmann and the motion was unanimously approved with the vote of aye.

Consent Agenda

Claims List-County Treasurer Jerry Knochelmann: 

Acknowledgement of claims list dated November 27, 2007

Acknowledgement of claims list dated December 8, 2007

                                    Acknowledgement of claims list dated November 28, 2007

Since there were no comments or questions, Judge Drees said warrants will be issued and all bills paid.

Administrative Actions

Handout No. 07-86

Notification of change in paper of record designation, Garry Edmondson reporting:  The Kentucky Post is going out of business at the end of the year and the court has many items that have to be published according to state law.  There is a process that has to be gone through to determine who the legal publisher will be for Kenton County.  Affidavits were put together and sent out to all the newspapers and based upon the information received, it is apparent that the Kentucky Enquirer will be the legal publisher.  The court needs to adopt this finding and the affidavit for legal purposes.

Commissioner Knochelmann made the motion to approve with a second from Commissioner Voelker and the motion unanimously passed with an aye vote.

Commissioner Knochelmann asked if there was a cheaper outlet for advertising and Mr. Edmondson said this was mandated by the General Assembly and had to be followed.  There will be hundreds of dollars spent for these legal publication ads.  Last year it cost the sheriff's office $30,000 to be put one ad in the paper for one time for back taxes and there are several things that have to be put into the paper.  Mr. Kimmich said it took four years to negotiate a piece of legislation that required print media to offer us the lowest contracting rate that they offer to any advertiser and to reduce the font size they use in legal ads and it took four years.

Judge Drees asked for a vote and the motion unanimously passed with the voice vote of aye.

Handout No. 07-87

Approval of holidays to be observed during the 2008 calendar year for county employees:  Commissioner Knochelmann made the motion to approve as submitted; seconded by Commissioner Voelker and the motion unanimously passed with the aye vote.

Handout No. 07-88

Surplus of equipment in the Departments of Public Works, Kenton County Police and the Treasurer's Office:  Commissioner Humpert made the motion to approve with a second from Commissioner Voelker.

Judge Drees asked what kind of equipment was listed and Chief Butler said this was older equipment and was broken down and needed to be updated.  Mr. Knochelmann said the item in the treasurer's office was old and collecting dust and would go to the fire department.

The motion unanimously passed with the aye vote.

Handout No. 07-89

Approval to award the proposal for electronic monitoring services for the Kenton County Detention Center to ISecuretac contingent upon review by the Kenton County Attorney:  Mr. Edmondson said this had been started and would continue this week.

Commissioner Humpert asked if Mr. Carl could comment on the equipment and he said this was a tracking system for ankle and wrist bracelets for $8.90 per day for 26 – 100.  Mr. Carl said there will be a demonstration for the judges on Monday and will start training the people in the jail on Tuesday and Wednesday.  Judge Drees said this would be for people who have not committed major crimes and they would be able to keep their jobs and go about their daily lives.  Mr. Carl said the court would be welcome to attend the training on Monday evening.

Commissioner Voelker made the motion for approval with a second from Commissioner Knochelmann and the motion was approved with the following roll call vote:  Commissioner Voelker, yes; Commissioner Knochelmann, yes; Commissioner Humpert, yes; and Judge Drees, yes.

Handout No. 07-90

Award of bid for the construction of the addition to the animal shelter:  Judge Drees asked the architect, Gene Weber, to come forward to address the court and he said bids had been received on December 4 for the addition and renovation to the animal shelter.  Thirteen bids were received and this is the most that has been received for a project.  Jindal Builders and Restoration Corporation was the low bidder on the project.  We have not previously worked with them or had experience with them on a particular project but they have bid on numerous projects but did not have the low bid.  Research was done with several owners and some architects to check on their performance and they all gave them a satisfactory review in terms of the work they did and the timeliness of completion.  We recommend that the bid be awarded to Jindal Builders.

Judge Drees said that in September the estimated cost was up to $1,352,000 and some things were cut because we wanted to keep this at $1,000,000 or less.  Commissioner Humpert asked if this was the full bid and Judge Drees said there are three items that can be selected if they are wanted.  These can also be added at some time in the future.

Mr. Kimmich said what is being asked for is the authorization to accept the bid including the alternate bid prices and the unit price on earth work contingent upon review of the contract for construction by the county attorney and execution by the Judge.  The county will come back to the court at a later date as to whether or not we will accept the alternates.  This motion will lock in the price.

Commissioner Knochelmann made the motion; seconded by Commissioner Voelker and the motion unanimously passed with a roll call vote of Commissioner Knochelmann, yes; Commissioner Humpert, yes; Commissioner Voelker, yes; and Judge Drees, yes.

Handout No. 07-91

Selection of presiding officer for 2008 calendar year in the absence of the County Judge Executive:  Commissioner Knochelmann made the motion for Commissioner Humpert to continue in this capacity.  Commissioner Humpert said he served in this seat in 2007 and was willing to relinquish it to one of the other commissioners.  Commissioner Voelker seconded the motion for Commissioner Humpert to serve and Judge Drees asked for a roll call vote and received the following:  Commissioner Humpert was present but not voting; Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.

Handout No. 07-92

Approval of recommendation to employ Turner Construction as construction manager for the Kenton County Detention Center:  Judge Drees said the county had negotiated with this company and thought it was good for the job.  He asked Mr. Ken Jones, vice president and general manager of the company, to come forward and address the court who said he was responsible for all of the operations in Southern Ohio and Kentucky.  He said that Turner has a team of experts that build large jails around the country and they can make sure the jail gets built on budget and within schedule.

Commissioner Knochelmann said that in former meetings the confidence and professionalism that was exhibited made him feel fantastic about the partnership.  Judge Drees asked Mr. Edmondson if he had reviewed the contract and he answered yes that it was very good.

Commissioner Humpert said that he had known Melanie Frey's family for a long time and he was going to recuse himself from voting.  He said he had not participated in any of the meetings but it was best to be safe than sorry.

Judge Drees received the following roll call vote:  Commissioner Voelker, yes; Commissioner Knochelmann, yes; and Judge Drees, yes.  Commissioner Humpert was present but not voting.

Executive Orders

Executive Order No. 07-117

Appointment of Gayle Piron to the Cooperative Extension Service Board for a term of three years, effective January 1, 2008:  Commissioner Voelker made the motion to approve with a second from Commissioner Humpert and the motion was unanimously approved with the vote of aye.

Executive Order No. 07-118

Reappointment of Cathy Kunkel-Mains to the Cooperative Extension Service Board for a term of three years, effective January 1, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion was unanimously with the voice vote of aye.

Executive Order No. 07-127

Appointment of Joe Michels to serve as a member of the Kenton County Airport Advisory Board for a two-year term, effective December 11, 2007 – September 21, 2009:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion was unanimously approved with the voice vote of aye.

Executive Order No. 07-132

Appointment of Jeffrey E. Arnold to serve as a member of the Kenton County Airport Advisory Board for a two-year term, effective December 11, 2007 – September 21, 2009:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion was unanimously passed with the voice vote of aye.

Executive Order No. 07-119

Resignation of Sean Barth as equipment operator for the Department of Public Works, effective January 2, 2008:  Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion was unanimously passed with the voice vote of aye.

Executive Order No. 07-120

Appointment of Matthew Schmidt as equipment operator for the Department of Public Works, effective December 17, 2007:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion was unanimously  passed with the voice vote of aye.

Executive Order No. 07-121

Appointment of Jennifer Foley as an animal control officer for the Kenton County Police Department, effective December 10, 2007:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion was unanimously passed with the voice vote of aye.

Executive Order No. 07-122

Approval of order to acknowledge retirement of Timothy K. Hayes after 24 years of service from the Kenton County Police Department, effective November 30, 2007:  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion was unanimously passed with the voice vote of aye.

Executive Order No. 07-123

Resignation of various part-time and seasonal employees from the Kenton County Golf Courses, effective November 26, 2007:  Commissioner Humpert said this was a long list and Mr. Shriver said this is the seasonal workers shut down.  Mr. Shriver that seasonal employees can only work six months under retirement system rules and most of these were in the maintenance department who were brought on later in the year for irrigation work, etc. in the late part of the year. 

Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion was unanimously approved with the voice vote of aye.

Executive Order No. 07-124

Approval of change in pay grade for the Kenton County Treasurer, effective December 1, 2007:  Judge Drees said when the treasurer was hired it was agreed to review him and we want to keep him working.  Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion was unanimously approved with the voice vote of aye.

Executive Order No. 07-125

An order of Judge Executive Ralph Drees declaring an emergency in the need to proceed with emergency road repairs to Amsterdam Road to insure the safe passage of said city roadway within the cities of Fort Mitchell and Fort Wright:  Judge Drees said the county's part of this is completed as of two weeks ago.  The cities are working with the state to put up the guardrail.

Commissioner Humpert said he was very pleased with the Judge's persistence to get this job finished.  There were times when it seemed as if you were running into a brick wall but determination was there and it was a good job.  Judge Drees said he thought the persistence of the citizens of the cities help to move this forward, and he thought they had the guardrail on hand.

Commissioner Voelker made the motion for approval followed by a second from Commissioner Knochelmann and the motion was unanimously approved with the vote of aye.

Executive Order No. 07-126

Approval of part-time administrative assistant in the Judge Executive's office, effective December 26, 2007:  Judge Drees said the fiscal court clerk was going to be out for surgery and this person would help while she was out.  Commissioner Knochelmann made the motion for approval followed by a second from Commissioner Voelker and the motion was unanimously approved with the vote of aye.

Executive Order No. 07-128

Promotion of Greg Sandel from Sergeant to the position of Captain, effective December 11, 2007:  Commissioner Humpert made the motion for approval followed by a second from Commissioner Knochelmann and the motion was unanimously approved with the vote of aye.

Judge Drees congratulated the officer on his promotion.

Executive Order No. 07-129

Promotion of Chris Haddle to the position of Sergeant, effective December 11, 2007:  Commissioner Knochelmann made the motion for approval followed by a second from Commissioner Voelker and the motion was unanimously approved with the vote of aye.

Judge Drees complimented Officer Haddle on his promotion.

Executive Order No. 07-130

Approval of order setting fiscal court meetings for the 2008 calendar year:  Commissioner Knochelmann made the motion for approval followed by a second from Commissioner Voelker and the motion was unanimously approved with the vote of aye.

Executive Order No. 07-131

Resignation of Christopher Shoemaker as a park trustee in the Department of Parks and Recreation, effective December 6, 2007:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Knochelmann and the motion was unanimously approved with the vote of aye.

Citizens Address

Mr. Paul Hill came forward to address the court saying that he represented Mr. Mike Franks who came forward with him.  He said he had written to members of the court in the past few months but to summarize, he was there in regard to package liquor sales on Sunday.  Kentucky law dictates that cities determine whether there will be package liquor sold on Sunday.  Every city with a liquor store in Kenton County has already approved this and there are at least two liquor stores that are not within the city limits.  Mr. Franks is the owner of one of these.  Kenton County has an ordinance that prohibits such sales and because of this ordinance, Mr. Franks store is treated differently than all the other liquor stores with which he competes.  This issue is not significant with all the other issues this court has dealt with but it is significant to Mr. Franks.  He has estimated that this cost him about $50,000.00 per year since he is unable to sale liquor on Sunday and we ask for the court's help to remedy this situation.  It is a big disadvantage for Mr. Franks who has a small business not to be able to make liquor sales on Sunday and we ask for the court to remedy this situation.

Judge Drees said this was not on the agenda but would be taken under advisement.  A resolution can be prepared and voted on.  Commissioner Voelker said she understood Mr. Franks plight; however, the citizens of unincorporated Kenton County do not support this and she works for these people.  She said this is where her loyalties will stay.

Mr. Paul asked Commissioner Voelker if there were any specific reasons for the concerns.  In this regard, every other liquor store is already selling liquor on Sundays.  Commissioner Voelker said she understood what he was saying but this is not a personal decision and this is the citizens feeling, and until they change their mind this is where she would stay.

Judge Drees said this would be looked at and voted on and Mr. Franks would be given a fair shake.

Judge Drees asked for Vick Morrison to come forward to speak to the court.  Mr. Morrison said he was a life long resident of Kenton County and a long time resident of Independence.  Mr. Morrison said he appreciated and respected the Judge's decision and that he thought it was the only decision that was right.

Judge Drees said he appreciated the comments.  Even in debates things are said that sometimes people wish they had not said.  That is a shame, but this is the world we live in and what we are up against.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  The county has received a bid from the city of Dover, Ohio yesterday for a compressed air vehicle that is owned by the county and used by the fire chiefs' association.  It was estimated the county could get $15,000 to $17,000 for the vehicle.  A bid was received of $23,577 and the court is being asked to approve the acceptance of this bid and transfer the vehicle without delay.

Commissioner Knochelmann made the motion to sale the vehicle; seconded by Commissioner Voelker and the motion unanimously passed with a roll call vote of Commissioner Voelker, yes; Commissioner Knochelmann, yes; Commissioner Humpert, yes; and Judge Drees, yes.

Mr. Kimmich said the next item received was an invoice from Brandstetter Carroll for engineering and planning services in the amount of $64,800.00 for approximately 15 percent of the schematic design phase of the facility having been completed.  As bills come in for the jail project, we will bring them to the court as a separate invoice or under our report so there is a specific vote in the record as it relates to jail expenses.  They will be maintained on a separate record so these costs can be checked as the county moves through this process.  It is being asked for approval to pay the claim of $64,800.00.

Commissioner Knochelmann made the motion for approval with a second from Commissioner Voelker.

Judge Drees said Jim Berling had been paid for civil engineering and a survey and some was spent on the site in Independence.

The Judge asked for a voice vote and the motion was unanimously approved with the voice vote of aye.

COUNTY TREASURER-Jerry Knochelmann:  Nothing further.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing further.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  The General Assembly changed the scheme for cities, counties and other taxing districts to use for purposes of occupational license fees which they now call the occupational license tax that requires the county to make some amendments to our three ordinances that have been passed for the three specific categories.  They go to TANK, senior services, etc. and Ordinance No. 225.48 has been written for a first reading today that would replace Ordinances No. 78-6-1, 220.8, 223.0, 223.7, 225.19, and 225.25, and this would also be consistent with the ordinances adopted by other communities in Kenton County.  This will be voted on at the next meeting.  Mr. Edmondson read the following into the record.

Ordinance No.  225.48

First reading of an ordinance to amend ordinances 78-6-1, 220.8, 223.0, 223.7, 225.19 and 225.25 imposing regulations and license taxes (fees) on those engaged in franchises, trades, occupations, professions and other businesses in Kenton County.

Commissioner Knochelmann asked if there had to be a special meeting before the first of the year to vote on this and Mr. Edmondson said it would certainly be preferable to get this accomplished before the first of the year.  Judge Drees said it could be a case that we will have to have one anyway.

Mr. Edmondson said the next one is an ordinance that puts into practice, and was the intent of the fiscal court when it adopted the ordinance, that Kenton County does not maintain roadways and transportation arteries that lie within the jurisdiction of cities.  This tax was imposed for the benefit of roads in unincorporated Kenton County so this ordinance with the amended section would make it certain that money that is collected on the insurance premium tax would go into a special fund that would be for the purpose of maintaining roadways and transportation solely in unincorporated Kenton County alone.  This would be a first reading of an ordinance amending ordinance number 225.45.

Ordinance No. 225.49

First reading of an ordinance amending Ordinance No. 225.45 imposing a premium tax on insurance companies for the privilege of engaging in the business of insurance within Kenton County.

Judge Drees said this would be voted on at the next meeting.

Mr. Edmondson said it has come up again and he would recommend that the Kenton County Fiscal Court authorize the Kenton County Sheriff to enter into an interlocal agreement with the Northern Kentucky University Police Department.  The other counties have done this.  The NKU police travel around to various facilities in Kenton County and from time to time see offenders in their job.  They are in a cruiser, have weapons and are in uniforms and are full fledged police officers but out in Kenton County they have no jurisdiction.  Mr. Edmondson said he recommended to the court that the sheriff be authorized to enter into an agreement to give NKU police jurisdiction consistent with this agreement to engage in police services when they are on the highways.  They would not have any other investigative powers but to enforce peace while they are on the roadways.

Judge Drees said this was would be on the agenda for the next meeting.

Commissioners' Reports

COMMISSIONER DAN HUMPERT-Nothing further.

COMMISSIONER SARA VOELKER-No comments.

COMMISSIONER KRIS KNOCHELMANN-He said he wanted to thank Judge Drees on the issue of the jail.  It has certainly been stressful and he wanted to say how impressed and appreciative he is with the service the Judge had provided for the county and he wanted to tell the Judge how he felt.

Judge Drees said Mr. Kimmich and he would now swear in the officers of the Kenton County Police Department.  Mr. Kimmich read the oath and the officers were sworn in to the applause of the court and Judge Drees also presented the officers with their new badges.

Judge-Executive's Report

Nothing further to report.

Executive Session

There was no executive session called.

Adjournment

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Knochelmann.  The court was adjourned with the unanimous voice vote of aye.