KENTON COUNTY FISCAL COURT

February 10, 2004

INDEPENDENCE COURTHOUSE

The February 10, 2004, meeting of the Kenton County Fiscal Court was called to order at 9:23 a.m.  Present at the meeting were Judge-Executive Ralph A. Drees; Commissioners Dan Humpert, Adam Koenig and Barbara Black; Deputy Judge-Executive Scott Kimmich; County Attorney Garry Edmondson; Human Resources Director Joe Shriver; Kenton County Police Chief Bill Dorsey; County Treasurer Ivan Frye; Emergency Management Director Ed Burk; County Sheriff Charles Korzenborn; Public Works Director Joe Murphy; Fleet Management Director Fred McKenney; Assistant County Attorney Brandon Voelker; Building Project Manager Ralph Bailey; and Court Reporter Cathy Johnston.

The invocation and pledge of allegiance was led by Commissioner Adam Koenig.

APPROVAL OF MINUTES

Judge Drees asked for approval of the minutes for the January 13 meeting.  Commissioner Humpert made a motion to approve the minutes with the amendments to clerical errors he had previously given to the Deputy Judge with Commissioner Koenig's second.  The minutes were unanimously approved following roll call.

Judge Drees then asked for approval of the January 27 minutes.  Commissioner Koenig made the motion that the minutes be approved as presented in the handout.  Commissioner Humpert said he had made changes also and given them to the Deputy Judge, and subject to those changes he made a second.  Unanimous approval was given on roll call.

DELEGATIONS

Health District, Dr. Gary Crum reporting:  Judge Drees welcomed Dr. Crum to the court who said he was there to give a quarterly update.  Dr. Crum gave to the court a copy of some information from the website for the Northern Kentucky Independent Health District.  He talked about a health initiative that was started and is continuing in the Covington area.  The front page of the website has information for two subsidiary websites regarding fit classrooms and household hazardous waste.  The fit classroom is a website for a school kids program to help get them more fit and to work an exercise program into their daily regimen and encourage nutrition.

The other subsidiary website is for household hazardous waste.  This is an action coalition in the Northern Kentucky area within the four counties.

The last web page is in regard to the lead poisoning effort.  We have been increasing the screening for lead poisoning over the past 12 months and have found that about 4.6 percent have elevated levels of lead.  This page from the website basically describes how the program works and talks about the fact that we are increasing our efforts to root out lead poisoning problems in our four counties, working the state with an emphasis on the Covington and Newport areas.  Older housing often has lead based paint and the problems that come with it and many have been approached by a faith-based organization in the community called AMOS.  They have heard about our efforts and have picked lead poisoning as an area of emphasis, and we are closely working with them and the state of Kentucky to identify certain block areas within Newport and Covington for special education, emphasis, screening and testing.  This is one of the programs that has special interest for this county.

There are many other things we do from dog bites to giving flu shots and asked for any questions from the court.

Judge Drees asked Dr. Crum how this particular site was selected for lead poisoning trials.

Dr. Crum stated the health education staff of the health department has close contact with virtually every school in the four county area and programs have been conducted in these schools over the past ten years.  Usually when a special pilot is picked, we go to the schools that have been very active and involved in the bedrock programs that we have been doing out in the schools for exercise, nutrition and health education.  I don't exactly know how these were selected, but in the past that has been the approach and those schools often are willing because of long term reaction in working with the health department to be, you might say, a guinea pig.

Commissioner Humpert mentioned a particularly nasty virus his neighbor and wife had during the past winter that looked like the flu but the doctors said it was not the flu.  He asked Dr. Crum what it was and if it was something different than the flu and could he shed some light on it?

Dr. Crum said it was probably a mutation of a cold but he could not guess what it might be.  One thing being heard more and more at the health department while looking at illnesses is that many of them have flu-like symptoms.

Commissioner Humpert said that most of the people who had the sickness had flu shots but this did not stop them from getting the nasty virus.

Dr. Crum said there were some strains of the flu in other parts of the country that we did not have here that were mutated from the shots we received.  The flu shot does not give 100 percent protection.  It takes 14 days after you take the shot before you get full protection and another problem is that there will be approximately 20 percent of the people who do not get protection from the shot.

Commissioner Koenig said that it shows on the handout there are still flu shots available and asked if this was still accurate.

Dr. Crum said it was accurate and that it was true for all four counties.  As the flu season continues, the demand lessens.  There was recently a flu clinic and only six persons showed up for the shots.

Commissioner Humpert asked if this was something that would now be recommended if someone had not received the flu shot.

Dr. Crum said when some people brought their children in to receive the shot, they did not bring them back for the second one, and we are recommending they come back to get the second shot.  Generally, the flu season is winding down now.

Commissioner Koenig said that for anyone watching, it would be a good idea for them to put it on the calendar now to get the flu shot early next year.

Dr. Crum said a second order was placed for shots when the demand grew after children in Colorado died with the flu, and all of it has not been used and the department will probably have to dispense with the remainder.

Judge Drees thanked Dr. Crum for his quarterly report.

FINANCE AND BUDGETS

Mr. Frye said the claims has been presented to the court and asked if there were any questions.  There being none, the claims list stands as approved and claims will be paid.  The monthly report was not at the desks and will be placed in mailboxes downtown.

Judge Drees asked about "Justice Center Opns" listed on the report as architectural fees and asked if this was a lump sum and how did it work?

Mr. Frye answered that this is a percentage but it is a specific amount contract that is being paid as it goes.

OLD BUSINESS

There wasn't any old business to come before the court.

NEW BUSINESS

Permission to advertise for jail doctor service, Scott Kimmich reporting-We did entertain taking bids for jail physicians in July.  We have a doctor who has been serving in this capacity who has put us on notice that he does not want to receive a contract, and would like for us to find someone else to do this service for the detention center.  We are requesting permission to go out for bids on this service.

Judge Drees asked for a motion for permission for bids.  Commissioner Koenig made the motion with Commissioner Black's second.  Unanimous approval was given on roll call.

HANDOUT NO. 04-08:  Authorize the County-Judge to sign renewal agreement between the court and Motorola for radio infrastructure maintenance, Chief Dorsey reporting-This is an annual renewal from Mobil Comm, Inc. who is the authorized Motorola service agent for this area.  This would include servicing all county police radios, dispatch center, both the out resource that is the satellite system and the infrastructure which is the console, and the radio transmitters in the office.  This is a sole source bid since there is no one else in this area qualified to maintain the system.

Judge Drees asked how much was paid last year for this service.  Chief Dorsey replied that we did not cover the console equipment in the bid, and in the contract this year, the consoles were placed in the bid for maintenance for an additional $5,000 to $6,000.  The reasoning for this is that if any of the consoles went down because of a power supply burnout, it would be twice what the expenditure is to insure it.  We felt it was a wise expenditure of dollars to cover this because of the age of the equipment.

Mr. Kimmich asked if there was a contract now in place and if there was an extension provision provided for the last time this was bid.

Mr. Frye said this contract had not been with anyone else because there is no one else in the area that can provide the service.

Mr. Kimmich asked Attorney Edmondson if he needs to declare this as a sole source service to be voted on and then award the contract.  Attorney Edmondson answered in the affirmative.

The court was then asked to declare Motorola as the sole source provider of the maintenance service for the equipment at the communications center, and this will be certified in writing with a letter to the Judge.

Commission Humpert moved that the declaration be accepted with Commissioner Black's second.  The declaration was unanimously accepted upon roll call.

Judge Drees asked for a motion to approve the contract.  Commissioner Black made the motion the contract be accepted; seconded by Commissioner Koenig.

Commissioner Black asked if the sole source would have to be declared from year-to-year.  Attorney Edmondson answered that because of the procurement code this would have to be done.

Judge Drees asked for roll call, and the contract was unanimously approved by the court.

HANDOUT NO. 04-09:  Right-of-way mowing contract between the court and Merkle Lawn Care Co., Inc., Scott Kimmich reporting-The price remains the same except they are asking for a two percent fuel surcharge be added if the price of gas exceeds $1.65 per gallon.  The County Treasurer concurs this a reasonable request to include in the package, and based on this, we are recommending acceptance.

Judge Drees asked how did we know how many acres were involved.

Mr. Kimmich said we had gone out and measured the road and right-of-way and calculated the acreage based on the linear foot of right-of-way and the width of the right-of-way.  Joe Murphy confirmed this had been done.

Judge Drees asked how long the Merkle Lawn Care Company had been doing this service for the county.  Mr. Kimmich answered this was the third year.

Judge Drees entertained a motion for the lawn service.  Commissioner Humpert made the motion with Commissioner Black's second.  Motion was unanimously approved on roll call.

ORDINANCE 531.92:  Second reading renaming a portion of the Kenton County road in front of the Public Works Department in memory of Bob Krohman, Scott Kimmich reporting-Announced this road is where you come off of Independent Station Road and turn on to Gary Hall Drive which goes back through the park.  This is the spur that turns off to the left and goes down in front of the county garage and the county maintenance facility and is being named Bob Krohman Drive.  There have been no comments received in writing or oral communication in the Judge's office.

The Judge asked for a motion of approval.  Commissioner Black moved the motion be accepted with Commissioner Koenig's second.  Following roll call, the motion was unanimously approved.

RESOLUTION NO. 04-04:  Appointment of Emergency Management Director Ed Burk as floodplain coordinator.  Commissioner Humpert made the motion that the resolution be accepted; seconded by Commissioner Black.  The appointment was unanimously approved upon roll call.

RESOLUTION NO. 04-05:  Renew the agreement between Kenton County Fiscal Court and the Commonwealth of Kentucky in reference to the adopt-a-highway program, Scott Kimmich reporting-Over the last several years we have participated in the adopt-a-highway program with the state for litter control on the roads listed.  As in the past, we will clean these roads using our seasonal and inmate labor available to us.  Based on the amount of garbage picked up, we can get reimbursement through the clean counties program.  We do receive cost efficient labor through the corrections facility and also can receive some reimbursement for our expenses so renewal is recommended of the contract.

Commissioner Humpert made the motion to approve and Commissioner Koenig seconded the motion.

Commissioner Black asked if we were still participating in the citizens and organizations adopt-a-highway program.  If an organization is supposed to keep up a highway and it doesn't get done, how do we send a gentle reminder?  Is it true that most of the time our workers and jail inmates wind up doing many of the roads or are these roads really kept up by those groups or organizations?

Mr. Kimmich answered these were kept up by the county and the 18 on the list are ones that the  Kenton County Public Works Department have adopted as part of the clean county program using our inmate labor.  Where it has the name of the agency underneath it maintaining the road, it says Kenton County Public Works Department.  If there is a school or club and they have not cleaned up their section of the road, the state will come back and ask us if we will help them by going in and helping them clean their section.  If we have extra time we have been willing to do that, but the 18 listed are our primary responsibility.

Commissioner Black said we have not specifically dropped it as a county road but, when citizens see the sign of adopt-a-highway program and has a corporation or someone listed, whose responsibility is it to follow up on those sections of road?

Mr. Kimmich answered that it is the state highway department's program which is controlled by Nancy Wood.  Unfortunately in the past, we have done a number of those roads as a favor to our colleagues in state government.

Judge Drees asked if we have many roads kept up by citizens or organizations.  Commissioner Black said the forms we have list them only by number which gives no clue as to where the road is located.  She said she would like to have an actual list with names and where the maintenance is supposed to be done.

Mr. Kimmich asked Mr. Murphy for a list of the roads from the Transportation Cabinet in Kenton County.   Mr. Murphy said Roger Wells had the list and he would get a copy of it to send.  Judge Drees asked that if it was a long road, did the organization pick the entire road or part of it, and how does it work?  Mr. Murphy stated the county adopted the entire road and different organizations will adopt parts of a road to keep clean.

Judge Drees asked for a roll call vote whereupon the motion was unanimously approved.

EXECUTIVE ORDER NO. 04-11:  Resignation of Sonya New as a technician at the Animal Shelter.  Judge Drees entertained a motion.  Commissioner Black made the motion the resignation be accepted with Commissioner Humpert's second.  The resignation was unanimously approved upon roll call.

EXECUTIVE ORDER NO. 04-12:  Appointment of Judy Wells as animal technician at the Animal Shelter, effective February 10, 2004.  Judge Drees asked for a motion and second.  Commissioner Koenig made a motion the appointment be accepted; seconded by Commissioner Black.  Following roll call, the appointment was unanimously approved.

CITIZEN ADDRESS

There were not any citizens present to address the court.

STAFF REPORTS

Deputy Judge Scott Kimmich-No report except to ask the court to go into a brief executive session at the conclusion of business to discuss two property issues.

Joe Shriver-Nothing to report.

COUNTY ATTORNEY REPORT

Attorney Garry Edmondson-Also asked for executive session to discuss litigation.

COMMISSIONERS' REPORTS

Commissioner Humpert-Nothing to report.

Commissioner Black-No report.

Commissioner Koenig-No report.

EXECUTIVE SESSION

Commissioner Black made the motion to go into executive session pursuant to KRS 61.810, Subsection F and B; seconded by Commissioner Koenig.  Fiscal Court went into executive session following approval of roll call.  Commissioner Humpert made the motion to come out of executive session; seconded by Commissioner Koenig.  Motion unanimously approved on roll call.

ADJOURNMENT

Commissioner Black made the motion to adjourn with Commissioner Humpert's second.  It was unanimously approved to adjourn.

Ralph A. Drees                                                             Kenton County Judge Executive

ATTEST:                                                                    

                Kenton County Fiscal Court