KENTON COUNTY FISCAL COURT

MINUTES

June 22, 2004

The regular meeting of the Kenton County Fiscal Court convened on June 22, 2004, at the Independence Courthouse.  Present at the meeting were the presiding Kenton County Judge Executive Ralph A. Drees; County Commissioners Adam Koenig, Barbara Black and Dan Humpert; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; County Police Chief Bill Dorsey; Assistant County Attorney Brandon Voelker; Public Works Director Joe Murphy; Jailer Terry Carl; Technology Information Director Fred McKinley; Parks and Recreation Director Wayne Speigel; Court Reporter Cathy Johnston and Guests.

The invocation was given and pledge of allegiance led by Commissioner Barbara Black.

Approval of Minutes

Judge Drees asked for corrections/approval of the minutes of May 25, 2004.  Commissioner Humpert said he had corrections of the minutes that had previously been given to the court clerk.  Commissioner Black made the motion for approval of the minutes with Commissioner Humpert's second; motion was unanimously approved.

Judge Drees asked for corrections/approval of the June 8, 2004 minutes.  Commissioner Black had one item she wanted to add to the minutes of the check from Toyota being paid for a period of five years that was put in by the court clerk.  Commissioner Koenig made the motion to approve; seconded by Commissioner Humpert.  Motion unanimously carried.

Delegations

There were no new delegations presented to the court.

Finance and Budgets

Mr. Frye said court members had received an additional claims list dated June 22, 2004, and since they had not had sufficient time to peruse the document, court members could call him at the office if there were questions.

Commissioner Humpert asked if this was for the close of business for the 2004 fiscal year and Mr. Frye said that it was.

Treasurer's Report-Mr. Frye said the commissioners had been presented a copy of the 2002 audit that had just been received from the state auditor and a copy of the sheriff's audit for the 2002 calendar year.  He stated there was nothing significant in the audits and they were both relatively clean audits with the typical comments that were made each year regarding the lack of segregation of duties because they want five people to handle money on its way in and we do not have that capability.

Public hearing regarding local government economic assistance and county road aid funds, Scott Kimmich reporting-Each year the fiscal court is required to conduct a public hearing for the purposes of establishing the uses of road aid dollars in the amount of $320,000 and $5,500 in local government economic assistance funds.  The notice was posted that the public hearing would be held on this date in that regard and no comments have been verbally received or in writing in the office of the County Judge Executive.  It is requested that the court declare the public hearing closed and proceed with the adoption of the budget as presented.

Commissioner Koenig made the motion; seconded by Commissioner Black.  The motion was unanimously passed.

Old Business

Advanced life support, Scott Kimmich reporting-Over the last 17 months, the Kenton County Mayors' Group, Kenton County Fire Chiefs, a number of representatives from cities, TransCare, and other interested parties have been involved in finding a way to provide advanced life support beyond July 1, 2004.  A letter in the court's packet dated June 21, 2004, from the mayors' group outlines the items they would like included in the contract with TransCare pursuant to the bid TransCare submitted as the only bidder for this service.  It is recommended to the court that a motion be entertained authorizing the County Judge Executive or his designee to negotiate the final terms of and enter into a contract by and between the County of Kenton and TransCare, Inc.  This will provide advanced life support to the citizens of Kenton County for a period of one year in accordance with the letter dated June 21, 2004, acknowledging that the city of Covington will negotiate their own contract and the cities of Erlanger and Elsmere shall contract for a period to extend only until February 1, 2005.  The cost of the county for the provision of service to those residents living in unincorporated Kenton County is $50,342.00 and the contract terms shall include language that reflects the financial liability of each city who will be directly responsible for covering the costs associated with their community.  All terms will be approved as a form of legality by the county attorney before signatures.

It is urged that the court pass adoption of the mayors' letter into the minutes and authorize the Judge Executive proceed in negotiating the final terms of the contract.

Commissioner Koenig made the motion; seconded by Commissioner Humpert.

Commissioner Black asked if, after February 1, 2005, when Erlanger and Elsmere withdraw from the contract, the sum of $50,342.00 will still cover Kenton County.  Mr. Kimmich answered the sum will cover one year of service with the exception of Erlanger and Elsmere who intend to be operational by that time.

The motion unanimously passed following roll call.

Judge Drees thanked the mayors' group and all others who had worked to hard on the ALS proposal.

New Business

Handout No. 04-41-Request to bid medical services for Detention Center, Ivan Frye reporting:  Mr. Frye said this item was put on the agenda because the current physician has served notice through his organization that he no longer wishes to provide medical services because of a suit being filed against them in Campbell County.  The court needs to authorize the taking of bids for a replacement and we have 60 days in which to hire another doctor for the jail.

Commissioner Humpert asked if the present physician would continue for 60 days and the specifics being asked for in the authorization.  Mr. Frye answered in the affirmative for the doctor and the court is being asked for bid authorization.

Commissioner Koenig made the motion; seconded by Commissioner Humpert, and the motion unanimously passed.

Handout No. 04-42-Permission to renew emergency assistance contract with Northern Kentucky Community Action Commission, Ivan Frye reporting:  This is a continuing contract that distributes the monies budgeted for needy families, both the senior and general fund dollars.

Commissioner Humpert made the motion to renew the contract; seconded by Commissioner Koenig.  Commissioner Black asked for the cost of the administration of the contract, and Mr. Frye answered they were paid $10,000 per year.  The motion was unanimously approved upon roll call.

Handout No. 04-43-Renewal of contract for detention center uniforms, Ivan Frye reporting:  An agreement the jailer entered into with Roy Tailors Uniform Company and, in order to buy the same uniforms, they have afforded the best price found to be available and it is asked that the court renew the contract.

Commissioner Black moved that the contract be renewed with Commissioner Humpert's second.  Commissioner Humpert asked how many times a contract could be renewed before it goes out to be rebid.  Mr. Edmondson said that contracts always have at least one renewal and sometimes more and there is no law saying how long it has to be.  Commissioner Humpert then asked if they would keep the prices current and Mr. Edmondson said this is part of the negotiation when the original bid is accepted.  Judge Drees asked if they could not have a cost of living increase and Mr. Edmondson answered that this is true.  Upon roll call, the motion was unanimously approved.

Handout No. 04-44-Recommendation to award bids for salt, guardrails and concrete, Scott Kimmich reporting:  This is a recommendation to award the salt contract to North American Salt, the guardrail to Security Fence Group and the concrete to Moraine Materials.  Also, under the contract for concrete it is being asked to authorize the Public Works Director to use the additional bidders in the event the first provider's service cannot meet the necessary required timeframe for a particular job he has been given to perform his duties.

Commissioner Koenig moved to pass the motion with Commissioner Humpert's second.  Commissioner Humpert asked the county attorney if the first vendor cannot meet our demand, if we can go to the second vendor and Mr. Edmondson answered in the affirmative.  Commissioner Humpert then asked if there was a specific time or if it was up to the county to determine this time and Mr. Edmondson said they would have to be notified.  Mr. Kimmich said if we had to go to the second bidder it would not be a blanket move over, but would mean that the first bidder could not provide the required services because of a construction schedule for a specific project.  The first bidder would always be gone back to for each job to ensure their availability for service.

Commissioner Black said she had noticed on the salt bid that the company that was awarded the bid said the county would have to pick it up and asked if this was not a problem.  Deputy Judge Kimmich said all of the bidders had bid as though the salt would be delivered and had offered a different price if we pick it up.  It is recommended that we purchase from North American Salt, but it is with the intent that they deliver.  Mr. Kimmich said the county is contracting for 7,000 tons delivered at $35.71 per ton.  Various cities are contracting for 7,750 tons at the same price.  The city of Independence is contracting for 50 tons to be picked up at $33.50 per ton from the North American Salt Company.  Commissioner Black then asked if this company was still the lowest bidder even if it is delivered.  Mr. Kimmich and Mr. Frye answered in the affirmative and that it would only be picked up by us in an emergency or for other cities that participate in the county's contract who need to pick it up themselves.

The bid was unanimously granted upon roll call.

HANDOUT NO. 04-45-Authorization to execute agreement with Northern Kentucky Area Development District (ADD) for administration of mental health, mental retardation and senior citizens funding, Scott Kimmich reporting:  This is a recommendation to approve the contract with the Northern Kentucky ADD in the amount of $16,000 to serve as the administrating agency for this funding.  The people who have been funded will receive a letter of notification and they will submit all billing to the ADD for review to ensure compliance with the Council on Aging and payment would be made by the fiscal court.  This is an ongoing contract we have had with the ADD for a number of years.

Commissioner Black made a motion to execute the agreement with Commissioner Koenig's second.  Upon roll call, the motion was unanimously approved.

HANDOUT NO. 04-46-Authorization for County Judge to notify Governmax of the intent to terminate contract for information service, Fred McKinley reporting:  This is currently where the PVA has a web site and this contract can be terminated within 30 days.  The county's website is going to pick up this duty.

Commissioner Koenig made the motion; seconded by Commissioner Humpert.  The motion unanimously passed upon roll call.

HANDOUT NO. 04-47-Recommendation to award bid for work on Marshall Road, Scott Kimmich reporting:  This recommendation is for landslide stabilization with the bid awarded to the NeCamp Construction Company in the amount of $137,000 which was the lowest and best bid received for the completion of the project.

Commissioner Humpert made the motion to approve with Commissioner Koenig's second.  Commissioner Black asked if this would complete Marshall Road and Mr. Kimmich answered that it would.  The motion was unanimously approved.

HANDOUT NO. 04-48-Awarding of audit contract for county audit for the 2003 Fiscal Year, Ivan Frye reporting:  The county was awarded permission for a private audit before because the state auditor had fallen behind in the performance of their audits.  It is being asked that the award for the bid for Fiscal Year 2003 be awarded to Carpenter, Mountjoy & Bressler.

Commissioner Humpert asked if this was for the year 2003 and Mr. Frye said that it was.  Mr. Frye also said we received the audit for 2002 this past week.  Commissioner Humpert asked if the lateness of the audits impacted the county's ability to do business.  Mr. Frye said that when bonds were issued earlier in the fiscal year, two companies would not bid because our audits were two years behind.  Commissioner Humpert asked to whom the state auditor answered to and it was decided that person answers to the people of Kentucky.

Judge Drees asked if the state auditor's office reviews the audit after it is finished and Mr. Frye said yes and there is a fee charged for the review.  The office had been asked if they could come earlier to do the 2004 audit because this fiscal year is being finished as of this date and they said they would try.

Commissioner Humpert made the motion to award the contract with Commissioner Black's second and the motion was unanimously passed.

Ordinances

ORDINANCE NO. 225.37-Second reading establishing the county budget for 2004-05, Ivan Frye reporting:  The budget was approved at the first reading and has gone to the State Local Finance Officer and been approved as to form and classification, meeting all of their requirements.  This is presented as it was at the first reading with no changes.

Commissioner Humpert asked for the date of the first reading and Mr. Frye said it was on June 14.  Commissioner Humpert made the motion for passage; seconded by Commissioner Black.  Motion passed unanimously upon roll call.

ORDINANCE NO. 924.21-Second reading creating a map amendment for an area located at Banklick and Bristow Roads, Brandon Voelker reporting:  This is for completion of a project a developer is doing.

Commissioner Black moved for a motion; seconded by Commissioner Humpert.  Motion unanimously passed following roll call.

ORDINANCE NO. 840.7-First reading revising animal control fees in Kenton County, Brandon Voelker reporting:  This is a draft asking for accept and summary of the first reading.  Dan Evans, Wayne Speigel and Mr. Voelker are making some changes and this will be sent out in advance of the second reading.

Commissioner Black said that it states that any person that reclaims an animal and has to pay for the upkeep of the animal an amount of $30.00 for the first day and an additional $10.00 for each subsequent day.  Is there a maximum before the animal would have been put to sleep anyway.  Mr. Voelker answered that it would have been three days and if the animal has a license and it is known who the owner is, an effort is made to locate them by sending a certified letter.

Commissioner Black made the motion for acceptance of the first reading; seconded by Commissioner Koenig.  The ordinance passed unanimously upon roll call.

Resolutions

RESOLUTION NO. 04-09-B-Budget adjustments between appropriation accounts to provide necessary funding, Ivan Frye reporting:  These are budget adjustments made necessary because of certain expenditures or obligations that were not anticipated at the time the budget was written.

Judge Drees asked about the $100,000.00 listed under other equipment and insurance.  Mr. Frye said this was a grant for emergency management and was not budgeted at the time the budget was prepared, it was received at a later date and a line item had to be created for the item.  The items are on a purchase order and have been obligated and, hopefully, the money will be received before the invoice.

Commissioner Koenig asked if the invoice had not been received, will this go on next year's budget.  Mr. Frye answered that it would and each time open invoices that are considered essential at the time and have not been fulfilled, adjustments will be done after the first of the year to refund those because the money was obligated but not spent.

Commissioner Koenig asked about the Kenton County Conservancy because there is $15,000.00 budgeted for this year and it is not on the sheet.  Mr. Frye said it has been paid and was on the last claims list.

Commissioner Humpert asked about the gasoline line budget adjustment with the Kenton County Police Department for $2,500.00 over and Mr. Frye said it was transferred for animal control officers.

Commissioner Humpert made the motion to approve with Commissioner Black's second.  Motion was unanimously approved following roll call.

RESOLUTION NO. 04-10-Authorize Judge Executive and County Treasurer to proceed in securing bids for items budgeted and provided for in the Fiscal Year 2004-05 county budget, Ivan Frye reporting:  It is asked by motion of the court that rather than coming to each meeting and asking for authorization to take bids for items, it be authorized in blanket form, a standing order that the Judge is authorized to submit requests for bid those items contained in the budget.  They will be advertised as required and brought back before the court for approval of the bids when they are received.

Commissioner Koenig made the motion to approve; seconded by Commissioner Humpert.  Upon roll call, the motion was unanimously approved.

RESOLUTION NO. 04-11-Authorize a tax and revenue anticipation note with the Kentucky Association of Counties Revenue Program (KARP), Ivan Frye reporting:  Asking for approval for the county to enter into a borrowing and reinvestment agreement with KARP in the amount of $12,000,000.  We are able to borrow funds at 1.66 percent and reinvest those funds at 2.44 percent and this will be done with the money and held on investment through January 30, 2005.

Commissioner Humpert made a motion for the authorization; seconded by Commissioner Black and the motion unanimously passed on roll call.

RESOLUTION NO. 04-12-Ratify execution of a grant agreement between the FAA and the fiscal court to provide funding for construction of runways, Rob Ziegler reporting:  This agreement has been approved by the Airport Board and the amount on this grant is approximately $17.9 million.

Commissioner Koenig made the motion for approval; seconded by Commissioner Black.  Upon roll call, the motion was unanimously approved.

RESOLUTION NO. 04-13-Honoring the life and legacy of President Ronald Wilson Reagan, Scott Kimmich reporting:  A request was received from Commissioner Koenig to offer a resolution in honor of the fortieth President of the United States, Ronald W. Reagan.  The resolution was read by Mr. Kimmich who asked that it be adopted, and for the citizens of Kenton County to share in a moment of silence at noon on Independence Day, 2004, in memory of President Reagan.

Commissioner Black made the motion the resolution be adopted with a second by Commissioner Humpert.  The motion was unanimously accepted and passed.

Executive Orders

Judge Drees announced that Executive Order Nos. 04-47, appointment of Joann Walsburger as Chairperson of the Board of Tax Assessment Appeals; 04-48, appointment of Joe Gross to the Tri-County Economic Development Corporation; 04-49, appointment of David Stephenson, Ronald Dill, Mike Swain and Darren Moore to the Building Codes Appeals Board; and 04-50, appointment of the County Treasurer to represent the fiscal court in the year-end process with the sheriff's office; would be voted on in one motion.

Commissioner Koenig moved that the executive orders be passed with a second by Commissioner Humpert.  The orders were unanimously approved on roll call.

The executive orders regarding personnel were also grouped for one motion.  Executive Order Nos. 04-51, reorganization of the Public Works Department; 04-52, resignation of Hobert Strange; 04-53, appointment of various seasonal employees for the Public Works Department; 04-54, resignation of Tim Guenther as seasonal maintenance; 04-55, resignation of Mike Adams as an equipment operator; and 04-56, termination of Jeffery Huffman as equipment operator.

Judge Drees asked Mr. Kimmich what was taking place in the reorganization of the Public Works Department.  He answered there was the elimination of three management positions that existed and changing the job description of crew leaders to incorporate some of those duties to downsize to remove some of the bureaucracy that now exists in the department.

Commissioner Humpert made the motion to approve the executive orders; seconded by Commissioner Koenig.

Commissioner Koenig said he wished to commend everyone on the Department of Public Works reorganization because it would make us more efficient and we are saving a total of $62,781.00.

The orders were unanimously approved upon roll call.

Citizen Address

There were not any citizens present who wanted to address the court.

Staff Reports

Deputy Judge Executive-No report but wished the Judge and his wife a happy anniversary.

Human Resources Director-Nothing to report.

County Attorney's Report

Nothing to report.

Commissioners' Reports

Commissioner Humpert-No report

Commissioner Black-Nothing to report

Commissioner Koenig-No report.

Executive Session

There was no executive session called.

Adjourned

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Black.  It was unanimously approved to adjourn the meeting.