KENTON COUNTY FISCAL COURT
INDEPENDENCE, KENTUCKY
MEETING MINUTES
FEBRUARY 24TH, 2004
7:00 P.M.
THOSE IN ATTENDANCE:
Judge-Executive Ralph A. Drees, Commissioner's Barbara Black, Dan Humpert, and Adam Koenig, Deputy Judge-Executive R. Scott Kimmich, County Attorney Garry Edmondson, Assistant County Attorney Brandon Voelker, Treasurer Ivan Frye, Kenton County Police Chief Bill Dorsey; Sheriff Chuck Korzenborn, Jailer Terry Carl, Superintendent of Public Works Joe Murphy, Director of Homeland Security and Emergency Preparedness Ed Burk, Interim Animal Shelter Director Dan Evans, and Administrative Assistant to Judge Ralph A. Drees Patricia Krohman.
CALL TO ORDER:
Judge Drees called the Regular Meeting of the Kenton County Fiscal Court to Order at 7:08 p.m. at the Independence Courthouse in Independence, Kentucky.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Judge Drees called upon Commissioner Humpert to offer an Invocation and lead the Pledge of Allegiance.
APPROVAL OF MINUTES:
Judge Drees presented the Meeting Minutes of February 10th, 2004 for any corrections, additions, or deletions.
Motion was made by Commissioner Humpert and seconded by Commissioner Black that the Meeting Minutes of February 10th, 2004 be approved as read.
Commissioners' Black, Humpert, and Koenig voted YES. Judge Drees voted YES. Motion carried.
DELEGATIONS:
Judge Drees presented the Homeland Security and Emergency Preparedness Director Ed Burk to give a Squad Report and a Warrant Report.
Director of Homeland Security and Emergency Preparedness Ed Burk distributed a report to the Court on both the Squad Report and the Warrant Report.
Judge Drees asked for a report from the same time frame last year to have a comparison with the same time this year in 2004.
Director of Homeland Security and Emergency Preparedness Ed Burk said that he would provide those figures to the Court.
Director of Homeland Security and Emergency Preparedness Ed Burk advised that there had been five (5) squad failures for January, 2004.
Director of Homeland Security and Emergency Preparedness Ed Burk advised that a "squad failure" was when the squad had been dispatched but failed to respond to the call and another squad would be dispatched.
Director of Homeland Security and Emergency Preparedness Ed Burk stated that Fort Mitchell had one (1) Park Hills had three (3) and Piner had one (1).
Director of Homeland Security and Emergency Preparedness Ed Burk advised that Elsmere had the best average in route time with a minute thirty seconds followed by Independence at a minute thirty two seconds and followed by Fort Wright with a minute forty five seconds.
Deputy Judge-Executive Kimmich asked why some of the cities showed hours as "out of service"?
Director of Homeland Security and Emergency Preparedness Ed Burk advised that either the cities did not have enough personnel or the equipment was faulty so they took themselves "out of service" so that another city would pick up the call for them.
Judge Drees asked if there was a charge for one city to back up another city on a call?
Director of Homeland Security and Emergency Preparedness Ed Burk advised that there was no charge.
FINANCIAL AND BUDGETS:
Judge Drees presented a Claim's List dated 2-19-04 with any questions to be directed to County Treasurer Ivan Frye.
Since there were no questions regarding the Claim's List the warrants would be issued, claims paid, and filed for audit.
County Treasurer Frye had nothing further to report at that time.
OLD BUSINESS:
There was no Old Business to come before the Court at that time.
NEW BUSINESS:
Judge Drees presented an authorization for the Kenton County Attorney to secure a Bond for the Golf Course Concessions.
Judge Drees introduced Assistant County Attorney Brandon Voelker to report.
Assistant County Attorney Voelker stated that when the contract was approved it called for the "Kopper Kettle" to pay a lump sum per year to post a "Performance Bond" equal to the amount that they were going to pay to the County which was roughly $104,000.00 for the year.
Assistant County Attorney Voelker stated that the Bond market had become extremely difficult and he was there that evening to seek permission to give the Kenton County Attorney's Office the authority to reduce that amount to $50,000.00.
Assistant County Attorney Voelker advised that the Bond Company was requiring the business to have $100,000.00 in assets or cash and they responded that if they had that they would just turn it over to the County and pay their fee for the year in full.
Assistant County Attorney Voelker stated that the sales were there but they were hard to track on paper and the Bond Company was a little leery of it.
Assistant County Attorney Voelker stated that the Kenton County Attorney needed the authority to take a secured interest in the equipment and make sure the County was covered if something happened such as if the business left, the County would be able to keep the concessions up and running.
Judge Drees asked for a Motion to give the Kenton County Attorney the Authority to secure the Bond for the Golf Course Concessions.
Commissioner Humpert asked if the Bond was going to be dropped to $50,000.00 or was he asking for just the authority for the Kenton County Attorney to negotiate?
Assistant County Attorney Voelker stated that he had talked to the business owners that day, and he had met with them numerous times, and the business was waiting for a call from their insurance company.
Assistant County Attorney Voelker stated that that was a last-ditch effort on the part of the business to get the Bond but if the company called him and said that they had the Bond, it would not be lowered.
Commissioner Humpert asked just what the specific approval was for?
Assistant County Attorney Voelker stated that he was asking for permission for the Kenton County Attorney's Office to approve an acceptable surety on the Performance Bond.
County Attorney Edmondson said most of the contracts state "subject to approval of the County Attorney" and it was being suggested that the Bond be done instead of cash by way of taking a security interest in the business equipment up to $50,000.00 so the Bond would be for $50,000.00 instead of $100,000.00 with a security interest in the equipment which was owned by the business.
Motion was made by Commissioner Black to authorize the County Attorney's Office to negotiate the contract, if need be, and was seconded by Commissioner Koenig.
Commissioners' Humpert, Koenig, and Black voted YES. Judge Drees voted YES. Motion carried.
Judge Drees called upon Deputy Judge-Executive Scott Kimmich to report on the ALS Proposal.
Deputy Judge-Executive Kimmich stated that the Court was aware that bids had been sought and received for Advanced Life Support Service for Kenton County.
Deputy Judge-Executive Kimmich advised that there was one bidder at that time which was TransCare.
Deputy Judge-Executive Kimmich stated that he was asking for authorization from the Court to negotiate the terms of that contract with TransCare, inasmuch as they are the only bidder who had submitted a proposal.
Deputy Judge-Executive Kimmich advised that he would come before the Court with a final recommendation once there had been a chance to evaluate the options and negotiate the terms of the contract with TransCare.
Deputy Judge-Executive Kimmich stated that he had consulted with Counsel that evening and he notified him that that was the proper way to proceed.
Motion was made by Commissioner Koenig and seconded by Commissioner Humpert to authorize Deputy Judge-Executive Kimmich to proceed with the negotiations.
Commissioner Black stated that she would like to clarify that since the Court let the bid go out for any Advanced Life Support to be provided, and since various cities had a decision to participate or not to participate, would that have any long-term effect on the negotiations?
Deputy Judge-Executive Kimmich stated that the decision by the City of Covington to establish their Advanced Life Support within their own Fire Department did create a need to more closely negotiate with TransCare.
Deputy Judge-Executive Kimmich advised that the principles of TransCare were aware of Covington's decision and now it was a matter of trying to negotiate a contract within which all parties can come to agreement over the next couple of weeks.
Deputy Judge-Executive Kimmich stated that it would not be an easy situation because with Covington's pulling out the cost would be changed that was provided for in the bid but every effort would be made to negotiate a contract that would be favorable to Kenton County as quickly as possible.
Commissioners' Black, Humpert and Koenig voted YES. Judge Drees voted YES. Motion carried.
ORDINANCES:
Text for all proposed and recently passed Ordinances may be acquired by accessing the Fiscal Court Web-page at http:\kentoncounty.org or by contacting the administrative offices at (859) 392-1400.
There were no Ordinances to come before the Court at that time.
RESOLUTIONS:
Resolution No. 04-06:
Judge Drees presented Resolution No. 04-06 adopting and approving the execution of a contract between the Fiscal Court and the Department of Rural and Municipal Aid.
Deputy Judge-Executive Kimmich stated, that as everyone would recall, that there were Representatives from the Kentucky Transportation Cabinet who came before the Court a few weeks ago about the rural Municipal Aid Program.
Deputy Judge-Executive Kimmich advised that the Resolution was authorizing the Kenton County Judge-Executive to enter into an agreement for the receipt of $222, 234.00.
Deputy Judge-Executive Kimmich stated that it was the same contract that the State had been using for the last thirty (30) years which stated that the County would not go off the County right-of-way and would maintain only those roads in the County Road Plan.
Deputy Judge-Executive Kimmich advised that there was one (1) thing that had changed this year, and it had been pointed out by County Treasurer Ivan Frye, that the State used to award eighty (80) per cent of the funds up front and this year only sixty (60) per cent would be awarded up front and other funds would be appropriated out during the Fiscal Year.
Deputy Judge-Executive Kimmich stated that the reason for that was that the Kentucky Transportation Cabinet was operating on a "cash system" and reserves were being depleted very quickly.
Deputy Judge-Executive Kimmich advised that in order to maintain a balance in the account with the gas tax coming in, the Cabinet was not sending out as much money on the front end.
Deputy Judge-Executive Kimmich stated that in the aggregate, the County would receive as much money and he felt that the County would be all right with the change.
Deputy Judge-Executive Kimmich advised that he was recommending approval of Resolution No. 04-06 at that time.
Motion was made by Commissioner Humpert and seconded by Commissioner Koenig to approve Resolution No. 04-06 adopting and approving the execution of a contract between the Fiscal Court and the Department of Rural and Municipal Aid.
Commissioner Black asked if the Cabinet had notified the County when the additional twenty (20) per cent would be received or did we just wait until the check came in?
Deputy Judge-Executive Kimmich stated that the Cabinet did not advise of that in the cover letter that was sent with the Resolution.
Deputy Judge-Executive Kimmich advised that at a Meeting at the Kentucky Judge's Association it was indicated that the money would come sixty (60) per cent, twenty (20) per cent, and then the last twenty (20) per cent at two (2) month intervals but the money would be a little slower coming out.
Commissioner Black stated that it was a good thing that the Bond Issue was done when it was or there could be major problems with road repairs.
Deputy Judge-Executive Kimmich advised that he and Judge Drees did have a meeting with Senator McConnell's Office and he would be preparing documents to request some Federal assistance on those roads that were used for things such as School bus transportation.
Deputy Judge-Executive Kimmich stated that he did not know what the outcome would be but that they would be applying for every possible source of revenue available.
Commissioners' Black, Koenig, and Humpert voted YES. Judge Drees voted YES. Motion carried.
EXECUTIVE ORDERS:
Executive Order No. 04-13:
Judge Drees presented Executive Order No. 04-13 for the Resignation of John Porter as Dispatcher I for the Kenton County Police Department effective March 20th, 2004.
Motion was made by Commissioner Black and seconded by Commissioner Humpert to ratify Executive Order No. 04-13 for the Resignation of John Porter as Dispatcher I for the Kenton County Police Department effective March 20th, 2004.
Commissioners' Humpert, Black, and Koenig voted YES. Judge Drees voted YES. Motion carried.
Executive Order No. 04-14:
Judge Drees presented Executive Order No. 04-14 for the Appointment of two (2) Equipment Operators, James Kipp and Steve Twehues, for the Public Works Department effective February 18th, 2004.
Motion was made by Commissioner Humpert and seconded by Commissioner Koenig to ratify Executive Order No. 04-14 for the Appointment of two (2) Equipment Operators, James Kipp and Steve Twehues, for the Public Works Department effective February 18th, 2004.
Commissioners' Koenig, Black, and Humpert voted YES. Judge Drees voted YES. Motion carried.
CITIZEN ADDRESS:
There were no Citizens to come before the Court seeking recognition.
STAFF REPORTS:
Deputy Judge-Executive Kimmich had nothing further to bring before the Court except to advise that there would be a brief Executive Session to discuss a Settlement that had been made on litigation with County Attorney Garry Edmondson.
Human Resources Director Joe Shriver was not present at the Meeting.
Superintendent of Public Works Joe Murphy had nothing to bring before the Court.
Jailer Terry Carl had nothing to bring before the Court.
Sheriff Chuck Korzenborn had nothing to bring before the Court.
Interim Animal Shelter Director Dan Evans had nothing to bring before the Court.
COUNTY ATTORNEY'S REPORT:
County Attorney Garry Edmondson had nothing to bring before the Court except to say that the Executive Session was due to KRS 810, Subsection C, to discuss litigation.
COMMISSIONER'S REPORTS:
Commissioner Humpert had nothing to bring before the Court.
Commissioner Black had nothing to bring before the Court.
Commissioner Koenig advised that he had a report from the Cable Board.
Commissioner Koenig stated that he had mentioned the last couple of years that an audit of their finances was done every year, and under the Interlocal Agreement the Cable Board can only take in five (5) per cent more in revenues that they had in the previous year with any excess going back to the participating Governments.
Commissioner Koenig advised that $31, 797.00 was in excess of which Kenton County would receive $1,471.97 and he did not know if the check had come in but it would be forthcoming.
Commissioner Koenig stated that at the last Cable Board Meeting a "Rate Order" (something done through the FCC to keep prices down on the basic tier level) was issued to protect the citizens and subscribers in the future.
EXECUTIVE SESSION:
Motion was made by Commissioner Black and seconded by Commissioner Humpert to enter into an Executive Session at that time.
Upon a voice vote, all voted AYE. Motion carried.
Deputy Judge-Executive Kimmich advised that no action would be taken upon their return from the Executive Session that evening.
Motion was made by Commissioner Koenig and seconded by Commissioner Black to re-enter the Regular Session of the Kenton County Fiscal Court.
Upon a voice vote, all voted AYE. Motion carried.
ADJOURNMENT:
Motion was made by Commissioner Humpert and seconded by Commissioner Black to adjourn the Meeting.
Upon a voice vote, all voted AYE. Motion carried.
MEETING ADJOURNED.
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Ralph A. Drees
County Judge-Executive
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Fiscal Court Clerk
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