KENTON COUNTY FISCAL COURT

M I N U T E S

FEBRUARY 27, 2007, 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, Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; 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 ­­­­­­­­­­­­­Knochelmann

Delegations

Presentation of proposed alternate sites for the detention center, Keb Bright reporting:  Ms. Carol Franzen came forward to give an introduction and to talk about the committee that had worked on getting the information together on the alternative jail sites.  She gave the mission statement of the committee, their mutual goal, the site criteria, and how the committee thought the fiscal court and the committee could work together to achieve their goal.

Mr. Bright said there are 10 alternate jail sites listed on the committee's list to be reviewed that have been evaluated.  There was an eleventh hour addition added this morning of 4314 Boron Drive in Covington.  Mr. Matt Franks, a commercial realtor who is working in conjunction with the property owner, will give details on this site.  Mr. Bright introduced and commented on sites at 4125 Madison Pike, Erlanger; 320 Pleasure Isle Drive, Erlanger; Mary Laidley behind the animal shelter; Center View Plaza Property, Crestview Hills; Old Madison Pike, Ft. Wright; 1725 Bullock Pen Road, Erlanger; Webster Road property; 800 Parkview Drive behind the TANK bus garage; Pelly Road and Route 17, Independence; 780 Parkview also known as West Grand; and 3443 Richardson Road, Erlanger.  A booklet had been passed out to court members listing the sites with the pros and cons, prices, and contacts for each property site presented, and the contact information for the committee members.  The committee members gave a power point presentation of the properties listed with a question and answer session for each one presented.

The committee members said they had been talking to and working with Commissioners Voelker and Knochelmann and they had a very good feeling about working cooperatively with the court.  The committee expressed its desire to work with the fiscal court and to be in the process of picking a site for the detention center.  Judge Drees said that the fiscal court would not be able to meet with the committee until probably sometime in late April.  Judge Drees thanked the committee for all of their hard work and participation.

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated January 23, 2007.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann.  The motion was unanimously approved with the vote of all aye.

General Business

No general business items were brought to the court's attention.

Resolutions

Resolution No. 07-04

A resolution recommending and endorsing transportation improvements in Northern Kentucky, including but not limited to, a new bridge crossing, improvement to state route #8 and a new route, #9, Scott Kimmich reporting:  This is a resolution requested by Southbank Partners as a part of the traffic improvement plans for the river cities of Campbell and Kenton Counties.  Commissioner Knochelmann made the motion to accept; seconded by Commissioner Humpert.  The motion unanimously passed with the vote of all aye.

Resolution No. 07-05

A resolution providing for the reconciliation of appointments to various, commissions and committees under the appointment authority of the Kenton County Judge Executive with approval of the Kenton County Fiscal Court:  Judge Drees said there are three committees that are inactive.  We will have the road closure committee as it is needed but until that time it is inactive and they are never called upon to perform any function; therefore, it is being requested that these committees be inactive until such time as needed.  Commissioner Humpert made the motion for approval followed with a second from Commissioner Voelker and the motion unanimously passed with an all aye vote.

Resolution 07-06

Approval of memorandum of agreement between the Kenton County Fiscal Court, city of Covington and Saint Elizabeth Medical Center, Scott Kimmich reporting:  This is a resolution formalizing the relationship between the county, the city of Covington and the transportation cabinet working with St. Elizabeth Hospital for access to their ambulatory care center off of Thirteenth Street in Covington.  This is a $3.2 dollar grant from the Commonwealth that provides the transportation to the roadway, that when it is completed, will be deeded back to the city of Covington for care and maintenance.  It is being asked that all documents relating to this resolution be approved by the fiscal court upon review of the county attorney in concurrence with the city of Covington and the board of directors at St. Elizabeth Hospital.  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion passed upon roll call vote with Commissioner Humpert voting yes; Commissioner Voelker voting yes; Commissioner Knochelmann voting yes; and Judge Drees voting yes.

Ordinances

Ordinance No. 225.45

Second reading to provide for the implementation and collection of an insurance premium tax to be paid to the general fund pursuant to KRS 91A.080 for Kenton County, excluding any territory that is within and incorporated city at a rate of eight percent of the premium paid on insurance other than life and health and certain farm equipment:  Judge Drees entertained the motion for approval that was made by Commissioner Humpert followed with a second from Commissioner Knochelmann.

Judge Drees asked if there were any guests present in the court that wanted to address this issue.  Tonya Lutz, Denny Callen, Jim Kannady, George Heeger, Randall Wagner, Leah Beckereh, Charles Steger, and Gailen Bridges came forward to state their views against the tax.  Judge Drees said Eric Deters name was on the list and asked him if he wanted to speak.  He said yes and came up in front of the court to talk about the jail, tax, and Latonia Lakes issues.

Judge Drees said quite a few things had been done since he has been Judge to cut back on expenses.  One of the things was a reduction in staff of five persons, and that it is a work in progress.  The Judge also said that as far as raises go for staff, since he has been here it has been under three percent each year based on inflation rates.  The state law does not allow the counties or the cities to get out of the state retirement system and the cost is going through the roof.  People need to talk to their state legislators if they want these laws changed because this takes more and more money out of the cities and counties budgets.  Commissioner Humpert asked what this increase was and Mr. Kimmich said that it is currently 28.7 percent of gross for hazardous duty staff and 21 percent for nonhazardous staff.  This is already set by the state to go to 33.6 percent.  Judge Drees said that years ago there was a surplus of funds in the county but now we are going on a day-to-day basis and more money is needed to be raised for the functions of the county and to do the county's duty.

Following the guest speakers, Judge Drees asked for a roll call vote whereupon Commissioner Humpert voted yes, Commissioner Voelker voted no, Commissioner Knochelmann voted yes, and Judge Drees voted yes.  The ordinance was passed as presented.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  Since there were no questions regarding the claims list, Judge Drees said warrants would be issued and the bills paid.

Administrative Actions

Handout No. 07-14

Requesting permission to go out for bid on the inmate telephone system, Scott Kimmich reporting.  Mr. Kimmich said the provider the county had been using is getting out of the business and now the county has to go out for bid for these services.  Commissioner Humpert made the motion for approval with a second from Commissioner Knochelmann and the motion was unanimously passed with an all aye vote.

Handout No. 07-15

Requesting permission to relinquish nonusable inventory in the Kenton County Record Room:  Commissioner Knochelmann asked about how often this happens and Judge Drees said about every three months there will be obsolete items that need to be moved out.  Commissioner Voelker made the motion for passage with a second from Commissioner Humpert and the motion unanimously passed with an all aye vote.

Handout No. 07-16

Requesting permission for Sprint/Nextel to complete the rebanding of 800 MHZ frequencies owned by the Kenton County Police Department, Ed Butler reporting:  Chief Butler said that Sprint/Nextel was mandated by Federal court to reband public safety 800 MHZ frequencies.  These frequencies are used for mobile data network.  The reason for the rebanding is that their commercial products are interfering with public safety products causing interference and jeopardizing public safety.  Sprint/Nextel will pay for all of this and it will not cost the county anything.  It has already been negotiated with Mobilcomm who is the local vendor who will do all of the work and there will be no down time on our system because we have five frequencies.  The court's authorization is needed to sign the contract.

Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with an all aye vote.

Handout No. 07-17

Recommendation of awarding contract to Century Construction in the amount of $724,017 for interior finish work and management of subcontractors on work performed by other companies on the Behringer-Crawford Museum, Scott Kimmich reporting:  The county treasurer is recommending that this contract be awarded and is also recommending that $618,058 for other work that is being done by Murphy Patton Company that was designed and bid by the Behringer-Crawford Museum board in accordance with Kenton County procurement policies.  The fiscal court approved the contract and it was adopted by the museum.  All of these projects will account for the $1.5 million of the grant that is from the Governor's Office of Local Development and any excess funds will be paid by the Behringer-Crawford Museum.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the vote of aye.

Executive Orders

Board Appointments

Executive Order No. 07-13

Appointment of Bob Rothert to serve the unexpired term of Henry Fischer as a member of the board of Sanitation District No. 1, expiring July 15, 2008:  Commissioner Humpert made the motion for approval followed with a second from commission Knochelmann and the motion unanimously passed with a vote of all aye.

Executive Order No. 07-14

Appointment of Jay Weber to serve as a member of the board of Sanitation District No. 1 for a four-year term, expiring December 12, 2010:  Commissioner Knochelmann made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with an all aye vote.

Executive Order No. 07-19

Reappointment of Adam Davey to the Parks and Recreation Commission for a two-year term, effective February 1, 2007:  Commissioner Knochelmann made the motion for approval with a second from Commissioner Humpert and the motion passed with the following votes:  Commissioner Humpert, yes; Commissioner Knochelmann, yes; Commissioner Voelker, no; and Judge Drees, yes.

Executive Order No. 07-20

Reappointment of Gene Weaver to the Rosedale Manor Board for a two-year term, effective March 31, 2007:  Commissioner Voelker moved for approval; seconded by Commissioner Humpert and the motion unanimously passed with an all aye vote.

Executive Order No. 07-25

Appointment of B. Bradley Berry to the Ethics Commission for a three-year term, effective October 14, 2006:  Commissioner Humpert made the motion for approval followed with a second from Commissioner Voelker and the motion unanimously passed with an all aye vote.

Executive Order No. 07-26

Appointment of Audrey Murphy to the Kenton Fire Protection District for a three-year term, effective February 27, 2007:  Commissioner Knochelmann made the motion for approval with a second from Commissioner Voelker and the motion unanimously passed with a vote of all aye.

Executive Order No. 07-27

Appointment of Debbie Davis to the Northern Kentucky Independent Heath District for a two-year term, ending December 31, 2008:  Commissioner Voelker made the motion to accept; seconded by Commissioner Humpert and the motion unanimously passed with an all aye vote.

Executive Order No. 07-28

Appointment of Michael Moloney to the Northern Kentucky Independent Heath District for a two-year term, ending December 31, 2008:  Commissioner Knochelmann moved for approval with a second from Commissioner Humpert and the motion unanimously passed with an all vote of aye.

Executive Order No. 07-29

Appointment of Tom Owen to the Northern Kentucky Area Development District Council on Aging to fill the unexpired term of Rose Legge, effective February 27, 2007:  Commissioner Humpert moved for approval with a second from Commissioner Voelker and the motion unanimously passed with a vote of all ayes.

Executive Order No. 07-30

Reappointment of Mark Reitzes to the Parks and Recreation Commission for a two-year term, effective February 1, 2007:  Commissioner Knochelmann moved for approval with a second from Commissioner Voelker and the motion unanimously passed with a vote of all ayes.

Executive Order No. 07-31

Reappointment of Glen Scott to the Piner-Fiskburg Fire District for a two-year term, effective January 15, 2007:  Commissioner Knochelmann moved for approval with a second from Commissioner Voelker and the motion unanimously passed with a vote of all ayes.

Executive Order No. 07-32

Appointment of Tom Frickman to the Rosedale Manor Board for a two-year period, effective March 31, 2007:  This executive order was not read and omitted from the fiscal court agenda.

Executive Order No. 07-33

Appointment of Mike Hemmer to the Rosedale Manor Board for a three-year term, effective March 31, 2007:  Commissioner Humpert moved for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of al ayes.

Executive Order No. 07-34

Reappointment of John Eldridge to the Rosedale Manor Board for a two-year term, effective March 31, 2007:  Commissioner Humpert moved for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-35

Reappointment of Dan Sheehy to the Rosedale Manor Board for a two-year term, effective March 31, 2007:  Commissioner Knochelmann moved for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-36

Appointment of Sara Voelker to the Telecommunications Board to serve the unexpired term of Adam Koenig, effective February 27, 2007: Commissioner Knochelmann moved for approval with a second from Commissioner Humpert and the motion passed with the vote of aye from Commissioner Humpert, Commissioner Knochelmann, and Judge Executive Drees, with  Commissioner Voelker abstaining.

Personnel

Executive Order No. 07-15

Acceptance of resignation of Dave Remley as a dispatcher in the Kenton County Police Department, effective February 19, 2007:  Commissioner Humpert moved for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-16

Closing of offices on February 6, 2007, 2:00 p.m., to afford employees the ability to travel safely to their homes prior to the roadways becoming unsafe:  Commissioner Knochelmann moved for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-17

Acceptance of resignation of Ashley Blackburn as a dispatcher in the Kenton County Police Department, effective February 17, 2007:  Commissioner Knochelmann moved for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-18

Acceptance of retirement of Sharon Williams from the animal shelter, effective February 28, 2007:  Commissioner Voelker moved for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-21

Approval of part-time employment for Mike Taylor as programmer in information technology:  Commissioner Humpert moved for approval with a second from Commissioner Knochelmann and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-22

Acceptance of resignation of Steve Neff from the maintenance department, effective January 26, 2007:  Commissioner Voelker moved for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of all ayes.

Executive Order No. 07-23

Acceptance of resignation of Nathan Honaker as a police officer from the police department, effective March 4, 2007:  Commissioner Knochelmann moved for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of all ayes.

Mr. Kimmich said he would like to make the comment that Mr. Honaker started his public safety career in the Kenton County Police Department and is now leaving to go to ATF.  This speaks well of our department and the officers receiving the training and getting the experience necessary to secure a position with the Federal government and the county wishes him well.

Executive Order No. 07-24

Acceptance of resignation of Andrea Lear and Nichole Renner from the animal shelter, effective January 10, 2007 and January 2, 2007, respectively:  Commissioner Knochelmann moved for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of all ayes.

Judge-Executive's Report

Executive Order No. 07-37

Appointment of Brian P. Halloran to the Kenton County Parks and Recreation Commission to serve the unexpired term of Johanna Fasold Reeder, expiring February 1, 2009:  Judge Drees passed this new executive order out to the court and said that Johanna Fasold Reeder took a higher position in her employment and would be doing a lot of traveling and would not be available to attend meetings.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with all aye votes.

Judge Drees said a motion was needed to cancel the meeting for March 27 because the Commissioners and the Judge would be out of town for a meeting.  Commissioner Knochelmann made the motion; seconded by Commissioner Voelker and the motion unanimously passed with the vote of all ayes.

Judge Drees said a motion was also needed to approve the caucus meetings that will be held in the future on the fourth Tuesday of each month at 9:00 a.m. at the county courthouse in Covington.  Commissioner Humpert made the motion with a second from Commissioner Knochelmann.

Mr. Kimmich said this was to ratify an executive order issued, number 67090 section two, giving the county judge the authority to set the time, date and location of regular meetings of the fiscal court for 2007.  This is an order amending the one that was issued in January to provide for the caucus meeting that are nonvoting meetings.  The motion unanimously passed with the vote of aye.

Judge Drees said he would like to go back to Handout No. 07-17 regarding the Behringer-Crawford Museum.  The Judge asked for a roll call vote whereupon the contract was unanimously approved.  Commissioner Knochelmann voted yes, Commissioner Humpert voted yes, Commissioner Voelker voted yes and Judge Drees votes yes.

Citizens Address

Mr. Randall Wagner came forward to ask for the repair of Route #536 and to get Chisel Bridge straightened out.  Mr. Wagner also said he thought our citizens should have better representation in Frankfort and the dilution of the legislative representation should be changed.

Judge Drees said the legislature is controlled in Frankfort and suggested that the public needs to make their wishes known to them.  Judge Drees said there is a formula the state uses to decide which roads to work on and the public needs to get in touch with their legislators if they want this changed.

Deputy Judge Kimmich said there are design funds in the six-year plan for 536 from Boone County to Kentucky 17, but it is only for design.  No money has been appropriated for right-of-way acquisition, relocation of utilities or anything like that.  Only a state legislator can move anything forward that is in the six-year plan on to the secretary's list.  The six-year plan has been over appropriated by almost double actual revenue.  It is the responsibility of the legislators and the Secretary of Transportation to prioritize the spending of these funds.

Mr. Michael Worth then came before the court to speak about his opposition to the detention center site and the Attorney General's opinion regarding the open meetings law.

Judge Drees asked Attorney Edmondson to comment who said that it was just another attorney's opinion and he disagreed with it.  Irrespective of that it has no binding effect upon this fiscal court.  On December 12, 2006, the fiscal court in open session did ratify all previous actions taken by the fiscal court on all previous occasions.  There was an actual hearing before a circuit judge that ruled that there was not any open meeting problems and did not grant an injunction.  There are not any legal impediments or problems.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing to report.

COUNTY TREASURER-Ivan Frye:  Absent

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing to report.

Commissioners' Reports

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER SARA VOELKER-Nothing to report.

COMMISSIONER KRIS KNOCHELMANN-We have had some really good sessions while spending some time with the people regarding the jail site.  He said he appreciated their efforts and the open conversation and the respectful way they had been in these sessions.  He also said they were to be commended for the time and effort they had put into their community.  Commissioner Knochelmann asked the public to stop and call their commissioners whenever something came up they had questions on or wished to talk about.

Judge-Executive's Report

Nothing further to report.

Judge Drees asked Mr. Harold Bullock to come forward to speak.  Mr. Bullock said he lived in Latonia Lakes and wanted to talk about the snow removal and asked the roads be put on the road list.

Commissioner Humpert said he had a list of 10 persons that had called him from Latonia Lakes and wanted to petition the fiscal court to officially consider this.  Commissioner Humpert said he told them that he would work with them and the fiscal court to come back with an official response.

Judge Drees said he understood the problem but no answer could be given at this meeting.

Executive Session

There was no executive session called at this meeting.

Adjournment

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