KENTON COUNTY FISCAL COURT

CALL MEETING

M I N U T E S

DECEMBER 22, 2005, 10:00 A.M.

A special call meeting of the Kenton County Fiscal Court was called to order at the Covington 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 Treasurer Ivan Frye; Human Resources Director Joe Shriver; Special Projects Manager Ralph Bailey; Deputy Director of Long Range Planning for the Northern Kentucky Area Planning Commission Keith Logsdon; Court Reporter Cathy Johnston; and Guest.

Judge Drees asked for a moment of silence in memory of Kevin Spille.

Delegations

Mr. Keith Logsdon, Deputy Director of Long Range Planning for the Northern Kentucky Area Planning Commission (NKAPC), came before the court and presented a draft copy of the South Banklick Small Area Study to each member.  Two meetings of the steering committee have taken place and a public meeting was held, a four-hour work session that was preceded by a survey that was mailed with a great return of 35 percent.  First, a plan is being done for the area and the second phase will be the zoning regulations.  The plan is to be done in February or March and the concern is move the public out of the area.  It is a little harder in this area to get the word out to the general population since it is unincorporated.  The steering committee understands they will have to take an active role in this effort.

The NKAPC is focusing on this economic development area that lies adjacent to Boone County and the growth that is taking place in this area.  The website, NKAPC.org/lr-studies.html, has a place on it where there are updates.  The survey is ongoing and can be taken at this website.

Judge Drees said an open mind should be kept and public comments will be heard at the public hearing and we could not be prejudiced at this point before making a decision.  There is a workshop that can be attended for observation purposes, but we cannot participate.

Commissioner Humpert asked when the update on the comprehensive plan has to be completed and Mr. Logsdon answered at the end of next year.

Judge Drees thanked Mr. Logsdon for coming and speaking to the court.

Resolution

Resolution No. 05-27

Approval is requested for approval of the general term order for FY 2006 for the operation of the Kenton County Office of the County Sheriff, Charles L. Korzenborn:  Judge Drees said the sheriff had done a good job in the time he had been here and had kept his costs down, but expenses are going up this year and it is getting to be a tighter budget.

Sheriff Korzenborn said this budget was based on past performance of the calendar year 2004.  There was an income of $2,860,324 and for the year 2005 it was $3,082,081.07, so it is estimated that for the 2006 year it will be $3,182,853.  There is also a surplus of $711,487.07, giving an available fund of $3,894,340.07.  The amount of $3,182,853 breaks down into three major categories of salaries, $2,658,186, that reflects a 2.5 percent increase; regular office expenses is $416,667; and equipment is $108,000 giving a total of $3,182,853.

Judge Drees said this is based on a 12 and one-half month budget that will be the end of the sheriff's term.  Sheriff Korzenborn read a letter to the court from the Kentucky Finance and Administration Cabinet stating that the budget for an end of term year typically extends beyond the calendar year to cover miscellaneous days from the old term.

Judge Drees entertained the motion to approve and Commissioner Humpert made the motion.  The motion was seconded by Commissioner Koenig and the motion unanimously passed upon roll call vote.

Court Discussions

Discussion and possible action on the order of succession for the fiscal court for the 2006 calendar year:  It was suggested this be tabled until the January meeting.  Commissioner Humpert made the motion to table; seconded by Commissioner Koenig and the motion passed with the aye vote.

Discussion and possible action on Ronald Ferrier's bond as Kenton County constable:  Mr. Kimmich said there was one constable who had posted an annual bond that is renewable every year.  The other constable currently serving in district number one posted a four-year bond so it was approved once and this is his bond for the term.  While there has been considerable discussion whether or not this particular constable should be engaging in police activities, the facts are that he is elected by the public and has certain constitutional functions that he is allowed to perform.  It is the recommendation to go ahead and approve the bond as submitted that will carry him through the remainder of the term of January 1, 2007.  The recommendation is that in the interim the fiscal court adopt a resolution they consider to be a reasonable bond for constables given the functions they are allowed to perform such that those individuals who begin to take office in January 2007 will know what type of bond they are required to put forth.  The opinion is that if they are going to be involved in law enforcement they should post a half-million dollar bond, because we carry a million dollar bond on police officers and it is thought they should not carry less than a half-million dollars.  It is recommended that this one pass as submitted to get us through this year and put all people who are running for constable on notice of what the intentions are for the new term.

Commissioner Black said that in normal circumstances she would agree to do this in light of the other constable having posted his bond, but sometimes in lieu of additional information that is received and additional knowledge that is gained the court did not have before, she is really not comfortable now knowing the types of police activities that these individuals can do if they choose to and she would not have any problem raising this amount.  The amount of $10,000 is really, really insufficient for an individual performing police activities.

Judge Drees said he thought one of the problems is that if we go ahead and seal him out he could possibly bring a suit against the court.

Commissioner Black said she certainly did not want to open this to a lawsuit, but the fact is they should all be raised, so she is not being prejudicial against one individual.  It cannot now be raised because the other person posted bond for four years, but this should be done across the board.

Judge Drees asked if the county could be held accountable for the actions of a constable and Mr. Kimmich said yes it was the same as for the actions of the sheriff, clerk, county police and the jailer.  The ultimate liability beyond their bond potential rests with the fiscal court.

Mr. Shriver said the county has law enforcement coverage on our plan of $1,000,000 but we also have a $5,000,000 umbrella purposefully to cover all types of actions.  The constable is a law enforcement officer by statute just as the general deputies and police officers.  There is a statute that allows the county judge to increase the bond of the constable for additional assurety.

Mr. Frye said he thought this was a performance bond meaning for faithful performance of office and not necessarily against him doing harmful acts to others.  He also said we need to find out for sure and while this is being done, we go back and revisit the county's needs and what the county wants constables to perform.

Mr. Kimmich said the county has no authority to restrict the performance of the duties of the constable as set forth in the constitution and the statutes.  Judge Drees asked if his car was marked as a police car.  Mr. Kimmich said it was marked with the word police on the rear fenders and there is a badge on the side that says Kenton County Constable and he wears a uniform and carries a badge and a gun.  Mr. Kimmich said the county attorney is advising him that he is not allowed to have the word police on his vehicle; he can put on there that he is a constable but he has to leave off the word police.

Judge Drees said he thought it would be a good idea to pass this resolution in January before the filing deadline outlining the specifics for constables.  Anyone who is filing for this office can be notified in writing by registered mail that this policy will be in effect on January 1, 2007.

Commissioner Humpert made the motion to acknowledge and approve the bond for $10,000 on Ronald Ferrier; seconded by Commissioner Koenig.  The motion unanimously passed with a roll call vote.

Award bid to Dr. Hein Le as Kenton County medical director:  Mr. Kimmich said the resignation of Dr. Caggiano to be the medical director for fire, police and EMS personnel was accepted.  Proposals were sought and Dr. Le who has certification as an emergency medical doctor has been recommended by a committee of the Kenton County fire chiefs and it is proposed that we award this contract to Dr. Lee.

Commissioner Black made the motion; seconded by Commissioner Humpert.  The motion unanimously passed with a roll call vote.

Award bid for health insurance brokerage services to Sherrill Morgan & Associates, Inc:  Mr. Shriver said the enclosed memo lays out the timeline and what is covered.  Basically, the recommendation is to stay with the current brokerage service.

Commissioner Humpert asked when the next health contract will be presented and Judge Drees said this would be on March 30, but the current one is being extended for nine months because if any changes are going to be done, we want to take the time to do the proper study to make the right decisions.

Commissioner Black made the motion for approval followed by a second from Commissioner Koenig.  The motion unanimously passed with the aye vote.

Executive Orders

Executive Order No. 05-118

Employment of Billy Snipes as part-time dispatcher for the Kenton County Public Safety Department, effective December 22, 2005:  Commissioner Koenig made the motion for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 05-119

Appointment of Mike Hemmer to replace Dale Henson to serve a two-year term as a member of the Unified Kenton County Code Enforcement Board, expiring October 1, 2007:  Dale Henson could not serve because he is a city councilman so someone has to serve in his place.  Commissioner Humpert made the motion; seconded by Commissioner Koenig and the motion unanimously passed with the aye vote.

Resolution

Resolution No. 05-03F

A resolution of the Kenton County Fiscal Court approving midyear budget adjustments, Ivan Frye reporting:  This is for housekeeping purposes that are mostly self-explanatory.  The building inspection and zoning is the run out of those projects that were in progress when the county signed up for the new type on July 1.  The voting machines are a reimbursable item and the total amount is greater than what was budgeted so the county will get this money returned.

Judge Drees said the total amount of the budget has not changed, it is moving money from line item to another one.  Commissioner Black asked about the line item for the payment of watering the golf courses.  Mr. Frye said this amount has been raised many times and the question was raised of using on course water and the three or four lakes we have, none of which are spring fed, will go dry virtually overnight.  The second attempt was to run a pump line from the run to the course that would take several years to recoup the money.  The third one was to dam up Banklick Creek, which if you were allowed to do, we would have to buy up all of the houses up Webster Road.  Commissioner Humpert asked what was the closest irrigation water line to Doe Run?  Mr. Frye said if the county ties into the Kenton County water line east of Narrows, we actually come under the creek and tie into the water line there.  A million gallons of water a night would significantly lower a water depth and this is what would happen in July.

Mr. Frye said the bill was finally received for the sluice gates for Doe Run.

Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with the vote of aye.

Ordinance

Ordinance No. 121.23

Second reading to confirm the 2006 Kenton County Fiscal Court meeting schedule:  Mr. Kimmich said there was an error in Section I of the ordinance where it talks about the court meeting on the second Tuesday of each month at 9:00 a.m. and the fourth Tuesday of each month at 7:00 p.m.  In fact, we are operating off a schedule and there are some months when we do not have a second meeting, so it is being asked that the clerk be authorized to change the language to say in that sentence that "each meeting is to be held at the times and dates set forth on the attached document incorporated herein and referenced hereafter."

Commissioner Humpert made the motion; seconded by Commissioner Black and the motion unanimously passed upon a roll call vote.

Adjournment

Commissioner Black made the motion to adjourn; seconded by Commissioner Humpert.  The motion unanimously passed with vote of aye.