KENTON COUNTY FISCAL COURT

JULY 27, 2004

MINUTES

The regular meeting of the Kenton County Fiscal Court was opened at the Independence Courthouse at 7:00 p.m.  Present at the meeting were Judge-Executive Ralph A. Drees; Commissioners Dan Humpert 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 Attorney Brandon Voelker; Jailer Terry Carl; Public Works Director Joe Murphy; Animal Shelter Director Dan Evans; Court Reporter Cathy Johnston; and Guests.

Commissioner Barbara Black was absent because she was out of town.

The invocation was said and pledge of allegiance led by Commissioner Dan Humpert.

Judge Drees announced the order of the items as listed on the agenda would be changed.  First on the agenda would be the changing of the speed limit on Kyles Lane.

Resolutions

RESOLUTION NO. 04-14-Request that the Kentucky Department of Highways reduce the speed limit for the length of Kyles Lane from the intersection of Highland Avenue to its intersection with Ky Route 17 from 35 mph to 25 mph, Scott Kimmich reporting.

Judge Drees introduced Ms. Pat Wondrely to the court and said she would like to speak on this issue.

Ms. Wondrely said she did not know anything about curb cuts, line of sight or artificial traffic controls.  In the Community Recorder, Commissioner Dan Humpert said there was a death on this road.  It was her daughter who had been killed on the road and a cross still marks the accident site.  She was going the speed limit and lost control when her car hit black ice.  Four people were involved in the accident.  There was no way to know if the daughter would have survived if the speed limit had been 25 mph.  Riggs Road in Erlanger also has hills and curves and, if Riggs Road is 25 mph, why isn't Kyles Lane with no curbs, poor line of sight and banking that pitches drivers in the opposite direction.  According to Larry Klein, Ft. Wright City Administrator, 85 percent of the traffic on Kyles Lane is going 35 mph or faster.  Mr. Klein does not think passing the speed limit law will make people slow down; his solution is to fix the road.  It is agreed that the road needs to be fixed but until this is done, the speed limit should be lowered to 25 mph.  If lowering the speed limit will save one life or prevent one accident, why hasn't it been done before now?

Judge Drees told Ms. Wondrely that it was up to the state to change the speed limit if it was changed at all.  It is not up to the city or county; they can only request that the state take a look at it and suggest they make changes.

Judge Drees asked Mr. Larry Klein if he would like to speak to the court before it went into executive session.  Mr. Klein came forward with Ft. Wright City Police Chief Dan Kreinest.  He said he would like to begin by expressing their deepest sympathy to the Wondrely family.  He said that he given to the court members a letter and a copy of two speed studies conducted by the Ft. Wright Police Department last week over a 72-hour period.  Both directions were measured over this period and almost 13,000 traveled the road.  This road would be distinguished from the Riggs Road in that Riggs Road is a residential area connecting other residential streets in Erlanger.  Kyles Lane connects to KY 17, a major state route, with KY 1072, another major state route, in the city of Ft. Wright.  Many cars travel this road because it is a major pass through to get to I-75. The study showed that 99 percent of the vehicles in the study were already traveling over the 25 mph that is under consideration.  Merely posting a 25 mph sign is not going to make 99 percent of the people slow down.  Speed was a factor in the accident described by Ms. Wondrely.  With 99 percent of the people already driving in excess of 25 mph, the fiscal court is considering asking the state to make this the posted limit and there is no way people are going to slow down to this limit.  The city of Ft. Wright does not have enough police force to post officers there 24-hours per day to enforce what the city considers an artificially low speed limit.

Also in the letter is a copy of the standards the state uses to establish its speed limits on state roads.  Kyles Lane is a state road inside the city limits of Ft. Wright for which the police force has responsibility for law enforcement and emergency medical response.  The state sets its speed limits on what approximately 85 percent of the people are driving at all times.  At the 85 percentile in this study, the speed limit was 39 mph.  This is known because the city has repeatedly asked the state to  lower the speed limit on Highland Pike that is another state road, and until recently, they had refused because with their speed studies it did not warrant lowering because the 85 percentile of people were traveling this speed.  The city thinks this solution is ill advised and we are not really sure why the county is interested in this road other than its connection to the recently settled lawsuit with the developer.  The city is strongly opposed to any consideration of reducing this speed limit and we think it will have an adverse impact on public safety.

Judge Drees said one thing that was very confusing is when you go up the hill, you see four signs that say 25 mph and only one sign that says 35 mph.  When you come down the hill, there are four signs that say 25 mph and two signs that say 35.  He asked Mr. Klein if it was suggested that we take the 25 mph?  Mr. Klein answered no and even with the 25 mph suggested signs, 99 percent of the people are driving over that limit.  Judge Drees then said that on most highways drivers usually drive over the limit, but if you have a lower sign posted and all drivers conform, maybe they would go at least five miles slower per hour.  Mr. Klein said the safety problem on this road is the sight distance coming out of the curb cut at the new development, and simply changing the speed limit to 25 changes the equation, and thus the minimum sight distance required and the number of feet required.  People coming out of the curb cut and turning left are not going to have enough reaction time to cars coming up the hill over the rise in the road.

Commissioner Humpert said that because of his name being in the newspaper he felt there was an abnormal amount of people talking to him about the issue and every person he talked to said they do 35 mph on the road except when it is raining, winter, going down hill, or a big truck coming in the other direction.  He said he thought the speed limit should be lowered to 25 mph to take in all of these exceptions so that someone doesn't get killed on this road again.  It is a serious situation and if it was the county's road, it could be said that it is an emergency situation.  Issues have brought the county in and this has given us the opportunity to ask the state to lower the limit and it is thought we should seize this opportunity for safety purposes.

Judge Drees asked for a motion to go into executive session in accordance with KRS 61.810 Subsection C.  Commissioner Humpert made the motion; seconded by Commissioner Koenig.  The motion carried with a unanimous aye vote.

Executive Session

Commissioner Humpert made the motion to close the executive session and come back into regular session with a second by Commissioner Koenig.  The motion carried with a unanimous vote of aye.

RESOLUTION 04-14 (cont'd):  Judge Drees asked the Deputy Judge to read the motion.  Mr. Kimmich said a motion of the resolution of the Kenton County Fiscal Court was to ask the Commonwealth of Kentucky's Transportation Cabinet to perform a road safety study and give consideration to the reduction of speed on KY Route 3187, Kyles Lane, to be reduced from 35 to 25 mph from the intersection of Highland Avenue to its intersection with Kentucky Route 17.

Commissioner Humpert made the motion that was seconded by Commissioner Koenig.  Judge Drees asked for a roll call vote whereupon the motion unanimously carried.

Judge Drees said a letter would be sent and a reply should be received within 30 days on whether or not they will make the change.  In the meantime, bids on the project will be asked for in order to get this issue settled one way or the other.  Judge Drees thanked the speakers for coming to court.

Judge Drees asked Mr. Ralph Jump, the owner of the subdivision on Kyles Lane, if there was anything he wished to say.  Mr. Jump said he had no objection to the speed limit being lowered to 25 mph but he believed that the hump in the road that was settled in the court suit should still be lowered.  He stated he was getting ready to personally build a house on the road and as someone comes up the hill if you stop at the entrance to turn into his street and there is a car coming down the hill, you have to stop and wait until the car passes.  Another car coming up the hill cannot see your car and will hit it.  He said he had been in litigation in court for over five years trying to get it approved and if the road had been lowered the way the lawsuit was settled, he did not believe the person would have been killed in the accident because the person in the car coming up the hill could not see her car.  According to the lawsuit, this hill should have been lowered four feet as it was settled in February.

Attorney Edmondson said there was ongoing litigation but for the record, the study and the engineering was going to be put out for bids and this is what the record should reflect.  It is not being stopped and we are going forward with seeking bids on the project.

Ordinances

Judge Drees announced that it was not on the agenda but the court would have the first reading of Ordinance No. 225.38 by title and summary.

ORDINANCE NO. 225.38-An ordinance of the Kenton County Fiscal Court to recommend the adoption of the 2004 tax rates, Ivan Frye reporting:  Preparation has done prepared for the first reading only by title and summary relating to adoption and approval of the 2004 tax rates.  A rate has been set for general real estate, tangible and personal property, motor vehicles, watercraft, aircraft and other agricultural products.  The recommended rate is 13.5 cents per $100.00 on real property and the same rate on personal property.  This is the same amount that it has been for years.

Commissioner Humpert asked if this is an increase from 13.1 to 13.5 to maintain the four percent compensating rate.  Mr. Frye answered in the affirmative.  Commissioner Humpert asked if this rate came from the PVA and Mr. Frye said it comes from the state's Department of Local Government from numbers the PVA provides to them.  Commissioner Humpert also asked if the second reading would be on the second Tuesday in August.

Mr. Kimmich said later in the agenda is a recommendation to change the August 17 meeting that was to have been a town hall meeting because of conflicts with the commissioners' and Judge's schedules.  A morning meeting will be conducted that day and this issue will be taken up at that time.

Judge Drees asked for a motion to pass the first reading.  Commissioner Humpert made the motion with Commissioner Koenig's second.  The motion unanimously passed following roll call.

Consent Agenda

CLAIMS LIST-Ivan Frye reporting:  The claims list is presented for information of the court and the court was asked if there were any questions.  There being none, warrants will be issued and claims will be paid.

Approval of Minutes

Judge Drees asked for approval of the minutes of July 13, 2004.  Commissioner Humpert said he had given corrections to the court clerk that had already been made.  Commissioner Koenig made the motion for approval of the minutes; seconded by Commissioner Humpert.  The motion unanimously passed with an aye vote.

Consent Agenda

Administrative Actions

HANDOUT NO. 04-55-Permission to extend contracts for motor vehicle replacement parts with Rim & Wheel Service, Inc., George's Truck Center and AD&R (Kentucky Motor Service), Ivan Frye reporting:  These are joint contracts between Kenton and Boone Counties with each taking turns in bidding and awarding the contracts, and this year it is being asked that these be extended.

HANDOUT No. 04-56-Authorization for Judge-Executive Ralph A. Drees to sign contract with Symphony Mobilex as sole provider of on-site X-ray services for the Kenton County Dentention Center, Scott Kimmich reporting:  Mr. Kimmich said he was notified about an hour ago that there are at least two other providers for this service.  The service provider has been doing this for $20,000 a year which does not necessitate a bid.  We have been advised of the price increase that would exceed the $20,000 and the court is being asked that, rather than approve the contract, authorize us to proceed in bidding this when it is voted upon.

Commissioner Humpert asked if the action requested was to go out for bid.  Mr. Kimmich answered in the affirmative.  Mr. Frye said there were not sufficient quantities where bids would have to be taken, but we will take quotes.  The total cost for this service is only about $5,000 per year.  Mr. Kimmich said the x-ray services were $80,000.  Mr. Frye said they went from $20.00 to $80.00 for this one vendor and there are two other potential vendors.  Quotes will be taken and more information will be brought to the court.

 HANDOUT NO. 04-57-Authorization for Judge to sign contract with Motorola, Inc. for the computer aided dispatch (CAD) system and the records management system (RMS) for the Kenton County Communications Center:  Mr. Kimmich said the recommendation is that this handout be tabled until the August 10 meeting.

Judge Drees asked that three different motions be taken for the handouts.  Commissioner Humpert made a motion to approve Handout No. 04-55; seconded by Commissioner Koenig.  The motion passed with a unanimous aye vote.

Judge Drees asked for a motion to take bids on Handout No. 04-56.  Commissioner Koenig made the motion to take bids with Commissioner Humpert's second.  The motion passed with a unanimous aye vote.

Commissioner Humpert made the motion to table Handout No. 04-57 for the August 10 meeting; seconded by Commissioner Koenig.  With a unanimous vote of aye, the motion passed.

Commissioner Humpert asked that since the August 17 meeting is going to be a special meeting, could it be set at anytime?  There is a conflict in his schedule in the morning and he cannot attend the meeting.  Mr. Kimmich said that if the 9:00 a.m. was not convenient, the Judge would have to set the meeting under special order.  Mr. Kimmich said the meeting on August 17, cancel the town hall meeting at Ryland Heights, and the Judge will issue a special call meeting at a time that is convenient for the court.

Attorney Edmondson asked if the August 10 meeting will be held at 9:00 a.m.  Mr. Kimmich answered yes.  Mr. Edmondson said he would like to bring up that at that meeting we have the second reading of Ordinance 451.7.

Judge Drees asked for a motion to call off the Ryland Heights meeting.  Commissioner Humpert made the motion; seconded by Commissioner Humpert.  The motion passed with a unanimous vote of aye.

Executive Orders

EXECUTIVE ORDERS NOS. 04-73, 04-65, 04-66, 04-67, 04-68, 04-69, 04-70, 04-71 and 04-72 were presented to the court by Judge Drees for approval.  Executive Order No. 04-67 was pulled from the agenda.  Commissioner Humpert moved for approval of the remaining executive orders; seconded by Commissioner Koenig.  The motion unanimously passed following a roll call vote.

Citizens Address

There were not any citizens present that wished to address the court.

Administrative Reporting

Deputy Judge-Executive Scott Kimmich – Nothing further to report; everything was covered on the agenda.

County Treasurer Ivan Frye – Nothing further to report.

Human Resources Director Joe Shriver – Nothing to report.

County Attorney Garry Edmondson – He said that everyone should have received in their e-mail today a final copy of the draft of the ALS agreement that has been entered into on behalf of the cities.

The second reading of Ordinance 451.7, that will be slightly modified because of some changes Campbell County is suggesting for the city of Newport that are a few technical items, will be on the agenda for the August 10 meeting.

Commissioners' Reports:

Commissioner Humpert – Stated he was at a Covington Rotary meeting where they talked about homeland security.  There were three excellent handouts at the meeting that were given out and he had asked Emergency Management Director Ed Burk to talk about the handouts at this meeting.

Mr. Ed Burk:  The brochures handed out were from Federal Homeland Security located at the website, ready.gov; a brochure entitled Shelter in Place that is put out by the Northern Kentucky Emergency Planning Committee at nkepc.org; and A Call to Kentucky Citizens put out by the Kentucky Citizen Corps.  The first one from Federal Homeland Security is about preparing and getting ready now and one of the best things we can do as citizens is to be prepared.  This brochure has a lot of simple information on some of the things that citizens can do now to be prepared.  Commissioner Humpert asked if Mr. Burk had some copies available.  Mr. Burk stated he had some copies in his office and they can be downloaded on the web.  There is a hyperlink on Kenton County.org to get to Homeland Security and the Federal brochures can be pulled up.  They are in English and Spanish.

Shelter in Place is basically a program to get people to take caution in the event there is a chemical or radioactive release.  This is also available on the website at www.nkepc.org.  The last brochure, A Call to Kentucky Citizens, basically goes over the Kentucky Citizens Corps and what citizens can do which is an excellent lead in, because one of the things they can do is become involved in different organizations such as a community emergency response team.

The Emergency Management Department will have another training session starting on August 11 in Erlanger and additional training will start on September 1 in Ft. Mitchell.  If any citizens are interested, they can contact our office at 392-1488 and they will be signed up for the sessions and be more involved.

Commissioner Humpert said a lot of e-mails had been received through the we-care hotline about the dog park at Pioneer Park.  The grand opening for the dog park is August 8 at 2:00 p.m. and all citizens are invited.

Commissioner Koenig – Nothing to report.

Judge-Executive Drees reported the city of Covington has paid some past bills that were due.  Mr. Kimmich said that over the last five years we have entered into a number of joint ventures with the city of Covington on the storm sirens, Donaldson Art sign, yoke parking, EPOs and DVOs and a number of other issues.  A letter was sent to the city after discussions and negotiations and the payment has been sent and we are very comfortable now that the past debts between the city and the county over the last five years have been settled.  We are now at $56,00 cash to the good and are paid in full.

There being no further business to come before the court, Judge Drees entertained a motion for adjournment.  Commissioner Humpert made the motion; seconded by Commissioner Koenig.  The meeting was adjourned following a unanimous aye vote.