KENTON COUNTY FISCAL COURT
M I N U T E S
January 17, 2006, 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 Commissioners Dan Humpert, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Emergency Management Director Ed Burk; Police Chief Bill Dorsey; Assistant Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Assistant County Attorney Stacey Hege; Court Reporter Cathy Johnston; and Guests.
Commissioner Dan Humpert presided over the meeting in the absence of County Judge Executive Ralph Drees.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Adam Koenig.
Approval of Minutes
Commissioner Humpert asked for approval of the minutes for the past two meetings of December 13, and 22, 2005. Commissioner Black moved for approval with a second from Commissioner Koenig for the minutes of December 13. The minutes were unanimously approved upon roll call.
Commissioner Humpert asked for a motion from the court for the minutes of December 22, 2005. Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion was unanimously approved following roll call.
Delegations
Kentucky Transportation Cabinet's recommendations for the 2006-07 Rural Secondary Program, Thomas Shomaker, Chief Engineer, presenting: Mr. Shomaker introduced Matt Arlinghaus, Maintenance Engineer, and Larry Trenkamp, Operations Engineer, for Kenton County to the court. The allotment for Kenton County this year is $441,992.00 and from this allotment for 53.7 miles of road, $178,800.00 has been set aside for routine maintenance and traffic activities. Also, $3,862.00 has been set aside for county administrative expenses leaving a balance of $259,330.00 to be programmed. This amount is approximately 30 percent more than last year.
Mr. Arlinghaus is furnishing the following recommendations for the coming year: Resurfacing of a portion of Hempfling Road for approximately 0.661 miles long which will complete the resurfacing of this route for an estimated cost of $38,526; resurfacing of 0.758 miles of Oak Island Road for an estimated cost of $26,185; resurfacing of 3.286 miles of Green Road for the estimated amount of $132,996 for 3.286 miles of road; and 1.108 miles of Parkers Grove Road for an estimated cost of $54,136. This leaves a balance of approximately $7,500. Two other projects have been included and they will be submitted in hopes that possibly there will be extra funding available.
The court is being asked for concurrence of these recommendations or, if the court differs, to accept the court's recommendations. Commissioner Koenig made the motion for acceptance; seconded by Commissioner Black and the motion was unanimously passed following roll call.
Mr. Shomaker said he would like to bring to the court's attention the second portion of the legislative approved bond issue coming up this year. Kenton County should be sure their request is submitted and to make sure the cities located in the county have submitted theirs since this is the discretionary portion of the bond. The earlier a project is submitted, the better chance it has of being funded.
Executive Order No. 06-04
Promotion of Officer James Gilpin to Sergeant for the Kenton County Police Department, effective January 17, 2006: Commissioner Black made the motion for approval with a second from Commissioner Koenig. The motion was unanimously approved upon roll call.
Deputy Judge Scott Kimmich came before the court to administer the oath of office to Sergeant Gilpin. Chief Dorsey came before the court to present the badge of Sergeant to the officer and asked him to introduce his family to the court.
Deputy Judge Kimmich read a meritorious service citation to be entered into the court's record in honor of Sergeant Kevin Douglas Spille for unselfish service and devotion to duty and professional leadership.
Following the citation, Commissioner Humpert asked everyone present to bow their heads for a moment of silence in memory of Sergeant Spille.
General Business
No general business items were brought to the court's attention.
Resolutions
There were not any resolutions to come before the court.
Ordinances
There were not any ordinances brought before the court.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Mr. Frye said the court record should show acknowledgement of the receipt of the claims list for the dates since December 13, 2005. The claims list was accepted as presented, warrants will be issued and bills paid.
Administrative Actions
Handout No. 06-01
Acknowledgement of bonds for the following personnel of Kenton County Deputy Judge Executive, Clerk, Sheriff, Jailer, Surveyor, and Licensing Inspector: Commissioner Humpert asked for a motion that the record reflect concurrence with the bonds as shown in the handout. Commissioner Koenig made the motion; seconded by Commissioner Black and the motion unanimously passed upon roll call.
Handout No. 06-02
Extend the contract for mobile and portable subscriber services for another year with Mobilcomm, Ivan Frye reporting: This is a standing contract for which there are no other providers and it is renewed each year.
Commissioner Koenig asked if this was the same price as in previous years and Mr. Frye said it was the same. Commissioner Black asked if the period of time was the same and if we retain the same amount for each year and Mr. Frye answered that the company tells us the price from year to year.
Commissioner Black made the motion to continue the contract; seconded by Commissioner Koenig. The motion unanimously passed upon roll call.
Handout No. 06-03
Extension of contract for mowing and landscaping various county properties for another year with Multi-Service Group, Inc., C & N Lawn Care, Jackson's Lawn Care, and Advantage Lawn Care, Ivan Frye reporting: These are continuation contracts that were bid last year and a purchase order was issued for the calendar year. The rates are as they were bid and each of these was the winner in their given area. There is one change and that is that the county is removing the mowing of the Mills Road baseball fields which is the Jackson Lawn Care and turning it over to Dixie Knothole so there will be no cost for this service to the county.
Commissioner Black asked how this affected the contract and Mr. Frye answered that he did not know the difference. Commissioner Black also asked if the same amount that was listed for the Jackson Lawn Care is the same for the mowing of Mills Road baseball fields. Commissioner Humpert asked how this was paid and Mr. Frye said on a per cut basis. Commissioner Black said she would like to know what kind of credit the county will get.
Commissioner Black made the motion for approval followed by a second from Commissioner Koenig. The motion was unanimously passed at roll call.
Handout No. 06-04
Renewal of agreement to Central Parking System of Kentucky, Inc. for parking in the garage, Ivan Frye reporting: This is a contract that was bid for four years, it is issued in one-year terms and the rate is the amount that was bid in the four-year agreement. Commissioner Koenig made the motion for approval; seconded by Commissioner Black. The motion was unanimously approved upon roll call.
Handout No. 06-05
Authorization to bid for golf carts, Ivan Frye reporting: The county has not bid for golf carts since 2001 and the ones we have are showing a lot of wear and tear. Mr. Mackie has indicated there are 218 golf carts in the active fleet and this could be reduced by 18. If the bids come in as anticipated, the county will buy an entire year fleet, and if they don't, options will be reviewed to do something else.
Commissioner Humpert asked if this was a request to go to bid and Mr. Frye answered yes and when they come back they will be checked to see if they fit within the county's plans. Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion passed unanimously upon roll call.
Handout No. 06-06
Declaration of Gulf States Distribution as a sole source for acquisition of tasers using federal grant funds for the Kenton County Police Department, Scott Kimmich reporting: There is a memo in the packet from Ed Butler advising that the taser X-26 is distributed by this one company. Based on the determination that this is the appropriate unit they wish to purchase and have recommended, it is being asked they be declared the sole source distributors for this product.
Commissioner Humpert asked for a motion to declare the distributor as a sole source and Commissioner Black made the motion; seconded by Commissioner Koenig. Upon roll call, the motion was unanimously approved.
Commissioner Humpert said the motion that was now before the court was for permission to purchase the tasers. Commissioner Koenig made the motion with a second from Commissioner Black. Commissioner Koenig asked if the police department currently have tasers and Mr. Kimmich answered that they are not in use at the present time. The department has been seeking opportunities to purchase for a long time and believe that the use of Federal grant dollars is the appropriate way to make this purchase. Mr. Kimmich also said there will be rigorous training for each officer before they are put on the street with the tasers. The motion was unanimously passed upon roll call.
Handout No. 06-07
Request approval of Dixie Knothole contract, Scott Kimmich reporting: The county has negotiated with the Dixie Knothole area and Mr. Edmondson has been involved as has Scott Gunning, the director of parks, who could not be present at this meeting. Steve Preston, chairman of the parks commission, has been involved in at least three meetings to go over the details. The bottom line is they will be paying the county $1.00 per year for the exclusive rights to schedule the fields and take over the concessions. In paragraph 26 on page four, it shows they will be escrowing $32,500 the first year to ensure their ability to honor the terms of the contract and provide maintenance on an ongoing basis. Any other team wanting to use the field for league team play would have to contact Dixie Knothole. There is nothing to stop families from using the ball fields on days when there is not a game being played; this is simply to have regulation or league play handled by one entity. They bear sole responsibility for all maintenance of the property under the terms of this contract.
Mr. Edmondson said this contract went through several drafts and Mr. Preston has been there and has been very helpful. It is a good contract for Dixie as well as for the county and it is recommended.
Mr. Preston said the county would be saving the maintenance cost. Dixie putting up $32,500 says something for them, and it sounds like a good deal for the county.
Commissioner Koenig asked if there was any assurance in the contract that they will cooperate with their colleagues. Mr. Edmondson answered yes that there are a couple of different ways. Number one says it has to be open to the public and they have to coordinate the use with other teams. The county always has the ability to remove the contract if a lot of people complain. There are provisions under which the fiscal court can remove the contract that are very broad which is something that was discussed at length.
Mr. Kimmich said that under exclusive rights the contract says that Dixie Knothole agrees that the fields are open to public individuals when not in use by them but not for organized clubs, teams or organizations. Commissioner Black said that under the exclusive rights paragraph it also says that Dixie Knothole may charge a reasonable usage fee to a club, team or organization seeking use of the baseball fields. Who determines what is reasonable? Mr. Edmondson said that it will be based upon the practice in the area as well as what everyone is willing to do and if it is thought the fee is unreasonable, the fiscal court will hear about it. Mr. Kimmich said the fiscal court would have to determine if a fee has been charged that exceeds a reasonable amount and the convenience of the public has been violated under "good cause" by determination of the fiscal court.
Mr. Edmondson said that Scott Gunning will be the coordinator of all of this and if he has problems, he will talk and negotiate with them and represent the fees of the public and the fiscal court. The commission also has a role in this and that is why the words are kind of vague. This will also be changing over a period of years and this contract will allow for changes over a period of time. Commissioner Black asked who has the final authority and Mr. Edmondson answered that the fiscal court has the final say.
Commissioner Humpert asked for a motion to approve the execution of the contract and Commissioner Koenig made the motion followed by a second from Commissioner Black. The motion was unanimously approved upon roll call vote.
Executive Orders
Executive Order No. 06-01
Reappointment of Robert Tewes to the Kenton County Cooperative Extension District Board for a three-year term, effective January 1, 2006: Commissioner Black made the motion; seconded by Commissioner Koenig. The motion unanimously passed on roll call.
Executive Order No. 06-02
Appointment of Elmer Price to the Kenton County Cooperative Extension District Board for a three-year term, effective January 1, 2006: Commissioner Koenig made the motion followed by a second from Commissioner Black, and the motion unanimously passed upon roll call.
Executive Order No. 06-03
Accept resignation of Jerry Jump from the Kenton County Public Works Department, effective January 5, 2006: Commissioner Black made the motion; seconded by Commissioner Koenig. The motion unanimously passed with a roll call vote.
Executive Order No. 06-05
Appointment of Douglas Redman and Sean Barth to the Department of Public Works as an advanced equipment operator and equipment operator, respectively, effective January 23, 2006: Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion unanimously passed upon roll call.
Executive Order No. 06-06
Approval of order of affiliation of rescue squad in Ryland Heights, Ed Burk reporting: This is a renewal of an agreement with the county. It is a requirement by the state so Ryland Heights can get grants from the state. They make quarterly reports and do everything they need to do according to the application.
Commissioner Black made the motion for approval; seconded by Commissioner Koenig. The motion was unanimously passed upon roll call.
Executive Order No. 06-07
Approval of order of affiliation of rescue squad in Erlanger, Ed Burk reporting: This is the same as for Ryland Heights. Commissioner Black made the motion for approval followed with a second from Commissioner Koenig. The motion unanimously passed with a roll call vote.
Citizens Address
There were not any citizens present to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: The legislature is officially in session so if you hear of any legislation, please keep the court posted. We know of four bills that were filed yesterday all in the name of what Kenton County wants and we have not heard about two of them. If you can call some legislators, please contact the court as we are keeping a close watch on the legislation that is being filed and how it will impact county government.
The jailer's association got a bill filed this week that in five year's time the state will be taking over all correction facilities and if the county gets one-third of what is there, we will be real happy. The bills will be moving fairly slowly and the Governor is now giving his budget address so probably not much will happen for the next two weeks other than the filing of a lot of legislation. Let the court know if there is anything you wish addressed while we are in Frankfort.
COUNTY TREASURER-Ivan Frye: The minutes should reflect that members of the court have received copies of the December report that stands as a monthly report for December and the quarterly report for the end of the second quarter.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: Nothing further to report.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Nothing to report.
COMMISSIONER DAN HUMPERT-The court normally tries to recognize all of the guests that come to the meeting and there are a couple of candidates tonight visiting the fiscal court. Commissioner Humpert introduced Kris Knochelmann, who is a candidate for county commissioner, and Joan Davidson, who is a candidate for PVA. He also introduced Terri Whitaker to the court who introduced her mother and a friend to the court. Commissioner Humpert also said Terry Carl was in court who is a candidate for jailer.
COMMISSIONER ADAM KOENIG-Received a call from Jill Bailey from the city of Taylor Mill that they and the city of Covington passed a resolution asking the state to widen Hands Pike and want the county's support.
Judge-Executive's Report
Judge Drees was absent because he was out of town.
Executive Session
There was no executive session called.
Adjournment
Commissioner Humpert said since there was no other business to come before the court, he would entertain a motion for adjournment. Commissioner Black made the motion; seconded by Commissioner Koenig and the court was adjourned with a unanimous aye vote.
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Ralph A. Drees
Judge Executive
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Sarah C. Johnston
Fiscal Court Clerk
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