KENTON COUNTY FISCAL COURT
M I N U T E S
JUNE 28, 2005, 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; Police Chief Bill Dorsey; Emergency Management Director Ed Burk; Assistant County Attorney Brandon Voelker; Assistant County Attorney Stacey Kege; Assistant Police Chief Ed Butler; Jailer Terry Carl; Public Works Director Joe Murphy; Court Reporter Cathy Johnston; and Guests.
The meeting was conducted by Commissioner Humpert during the absence of Judge Executive Ralph A. Drees.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Barbara Black.
Approval of Minutes
The minutes of the meeting of June 6 were presented for approval. Commissioner Koenig moved for approval with a second from Commissioner Humpert. The minutes were approved with a roll call vote with Commissioner Black abstaining because she was not present at the meeting.
Delegations
Commissioner Humpert asked that executive order number 05-53 regarding the promotion of Kevin Spille be brought before the court at this time. Commissioner Black moved for approval with a second from Commissioner Koenig. There was unanimous approval following a roll call vote.
Deputy Judge Executive Kimmich admitted the oath of office to Sergeant Spille followed by applause from the court. Chief Dorsey came forward to present the badge to Sergeant Spille and asked him to introduce his family to the court.
General Business
There was not any general business to come before the court.
Resolutions
Resolution 05-03D--Approval of adjustments and transfers between appropriation accounts as recommended by the county treasurer, Ivan Frye reporting: Mr. Frye said he had placed a new list at the commissioners' seats because he had to add three items to the list. Commissioner Black moved for approval followed with a second from Commissioner Koenig and the approval was unanimously granted upon roll call.
Resolution No. 05-13--Ratification of executive order number 05-51 adopting the national incident management system (NIMS) to provide a nationwide approach for governments to work together to prevent, prepare for, respond to and recover from domestic incidents, Ed Burk reporting: This resolution will the put the county in compliance with the federal government, cities in the area and the state.
Commissioner Humpert stated that Judge Drees had already signed executive order number 05-51 and the court is now ratifying his signature. Commissioner Koenig moved for approval; seconded by Commissioner Black and the approval was unanimously given following roll call.
Resolution No. 05-14--Approval and adoption of the salaries of Kenton County employees for the newly established pay rates, Ivan Frye reporting: This resolution sets the specific salaries for each individual and gives authorization to pay those as they come due each pay period. Commissioner Koenig made the motion for approval; seconded by Commissioner Black. The motion was unanimously approved upon roll call.
Resolution No. 05-15--Authorization to participate in the Kentucky Association of Counties advance revenue program and authorize Deputy Judge Executive Scott Kimmich to sign the agreement, Ivan Frye reporting: This is an action done each year whereby the county borrows funds in anticipation of receipts later in the year. These funds are invested for more than we are paying for them and, if needed, we could draw down on these funds if there is a deficit during this period. The actual amount is $6,110,000 for this year.
Commissioner Humpert asked for a motion for approval and Commissioner Black made the motion with a second from Commissioner Koenig. The motion was unanimously approved following roll call.
Resolution No. 05-16--Authorization for Deputy Judge Executive Scott Kimmich to enter into an agreement to recover funds from the Kentucky Department of Transportation for certain road repairs, Scott Kimmich reporting: During the last legislative session, the legislators came up with some extra money giving the county $200,000 in rural secondary and the secretary's discretionary funds. Those dollars were expended on 11 county roads and authorization is now being asked to execute a memorandum of agreement to draw down the $200,000. Commissioner Koenig moved for approval; seconded by Commissioner Black and it was unanimously approved following roll call.
Ordinances
Ordinance No. 924.26--Amend the zoning map for the following: (1) an approximate .3 acre area located approximately 450 feet East of Dixie Highway and an approximate .2 acre area located approximately 400 feet East of Dixie Highway and (2) an approximate 6.3 acre area located approximately 500 feet East of Dixie Highway at the Kenton/Grant County border, Brandon Voelker reporting: Commissioner Humpert said this had been approved by the planning commission and there were two options for the court. Option one is to adopt the finding of the planning commission and approve the ordinance on first reading with the recommendations of the planning commission and option two is to table the action and set a date for a public hearing.
Mr. Voelker said that usually the ordinances are prepared consistent with the comprehensive plan but in this case they are finding that the current zoning is inappropriate. Water and sewer are now located in the area that is designated for agriculture and the planning commission made the finding that one tract be changed to commercial. Commissioner Humpert asked if the property would be changed from agricultural to neighborhood/commercial and Mr. Voelker said yes. Commissioner Humpert asked if the 6.3 acre area would be changed to residential and Mr. Voelker said it would be changed from A-1 to R-1D.
Commissioner Koenig said he had several questions that needed answers and Mr. Voelker and Mr. Edmondson said it would be better to have someone from the planning commission at court to answer the questions in case there were others. Mr. Kimmich said the action could be tabled or approve the first reading and have someone at the next meeting to answer the questions. The deadline for taking action on the ordinance is August 18. Commissioner Koenig said this was good for him and made the motion to table the action with a second from Commissioner Black. The motion was unanimously approved following roll call.
Mr. Voelker said he would contact the planning commission to have them come to the next meeting on July 12.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Commissioner Humpert said there were three dates on the claims lists-one dated June 24, June 21, and June 28. Commissioner Black said that on the one presented for June 28, she was assuming that it must have been in the past year's budget to replace the computers. Mr. Frye said yes they had all come in and the invoice came in this past week so it was entered and will be paid during this period.
Mr. Edmondson asked if a new invoice had been received from The Enquirer and Mr. Frye said he had not received one. Mr. Edmondson said there was controversy over what the county was being billed and they are supposed to be sending a new one and he had negotiated to pay one-half of the bill.
Commissioner Black said that on page two of the June 28 list there is a charge for North Key Community Care for outpatient care for $40,000 for May and June. Mr. Frye said this is a regular contract with them for services provided throughout the year and they are budgeted at $240,000, so it is $20,000 per month.
Mr. Frye was instructed to issue warrants and pay the claims lists.
Administrative Actions
Handout No. 05-38--Authorization for Deputy Judge Executive Scott Kimmich to sign a memorandum of agreement with the Northern Kentucky Independent District Health Department and the Kenton County Detention Center, Scott Kimmich reporting: These are contracts entered into to provide tuberculosis testing in the detention center and they maintain the records for this testing. It is certainly easier to have this done by the health department and the records maintained there.
Commissioner Koenig made the motion for approval followed by a second from Commissioner Black. The motion was unanimously approved following roll call.
Handout No. 05-39--Request permission of the Kenton County Fiscal Court to enter into an agreement for an easement for the purpose of extending a sanitary sewer to serve the Doe Run estates addition subdivision, Scott Kimmich reporting: The map shows the additional sanitary sewer line to allow for an extension of the sewer at Doe Run Estates II LLC. It runs beside the lake and does not effect the lake but goes down to an area where it ties into a crossover that is currently designed to go under the lake.
For the record, none of the properties are involved with the Drees Company; therefore, there will be no conflicts with the court taking action.
Commissioner Humpert said the existing sewer line is one that already runs underneath the lake and this is a very short attachment to the existing sewer line. Mr. Kimmich said this has been approved by the planning commission and is being reviewed by the sanitation district and they realized they did not have the easement to go forward with the project.
Commissioner Black made the motion to approve the easement; seconded by Commissioner Koenig and the motion was unanimously approved following roll call.
Handout No. 05-40--Request permission to extend the contract for facilities management services at the Kenton County Justice Center and the parking garage with Meridian Management Corporation for the period of September 1, 2005 through August 31, 2006, Ivan Frye reporting: Commissioner Humpert asked if this was basically the cleaning services for the justice center and parking garage and Mr. Frye said yes. Commissioner Koenig asked if this was also the management for the entire garage and Mr. Frye answered that it was management for the justice center and minor maintenance in the garage. Commissioner Black said given that there are other potential bidders, she would like to see this bid next year as this is the third year for the Meridian contract. Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion was unanimously approved upon roll call.
Handout No. 05-41--Authorization to reject all bids on the repair of the fire training center and proceed with bidding for materials and construction of a new center, Scott Kimmich reporting: The fire training center is in desperate need of repair and $100,000 has been authorized in the budget, but also said this could be used as a match if a grant could be obtained to replace the building. A state grant has been secured for $110,000 so authorization is being requested to reject all the bids for the repairs and go out to bid for reconstruction of a new facility.
Mr. Frye said there are three parts to the handout: (1) Rejecting the bids that were taken for repairs; (2) asking for authorization to take quotes for the demolition and removal of the current building; and (3) to take bids for the purchase of materials for the erection of a new facility. The county will come back to the court for permission to go out to bid for construction.
Mr. Kimmich said he would suggest as it pertains to demolition of the current building, that the treasurer be authorized to follow the county's procurement code. If the bids are over $20,000, the treasurer can immediately proceed to go out for bid and not wait for another meeting two weeks later to get authorization for bid further delaying construction.
Commissioner Koenig moved for approval of the recommendations of the treasurer as clarified by Deputy Judge Kimmich; seconded by Commissioner Black. The motion unanimously passed with roll call.
Handout No. 05-42--Authorization for Deputy Judge Executive Scott Kimmich to apply for a text amendment to the Kenton County zoning text to permit the operation of a cement plant in an I-6 zone, Scott Kimmich reporting: The I-6 zone has literally become a catchall and you can put practically anything in it but cement plants are not included. They are included in a less intense zone and we are requesting that the cement plant be a permitted use in the I-6 zone. Only the legislative body can apply for a text amendment unless it is initiated by the planning commission itself, and they have requested that the recommendation come from the fiscal court.
Commissioner Koenig said he would like to know where the property is and know where the I-6 zones are located. Attorney Edmondson said there would be a public hearing.
Commissioner Black said maybe the court should tighten up our change or create a more narrowly defined zone for some uses. Since there was no further discussion, Commissioner Humpert asked for a motion whereupon Commissioner Black moved for approval followed with a second from Commissioner Koenig. The motion was unanimously approved following roll call.
Executive Orders
Executive Order No. 05-49--Approval for hire of Kyle Hoover as seasonal maintenance for the golf courses, effective June 8, 2005: Commissioner Koenig moved for approval; seconded by Commissioner Black and the motion was unanimously approved upon roll call.
Executive Order No. 05-50--Approval for hire of Scott Holten as trustee for the Department of Parks and Recreation, effective June 14, 2005: Commissioner Koenig moved for approval with a second by Commissioner Black, and the motion was unanimously approved with roll call.
Executive Order No. 05-52--Approval for hire of Michael Tenenbaum as a seasonal maintenance employee for the golf courses, effective June 28, 2005: Commissioner Black moved for approval; seconded by Commissioner Koenig and the motion was unanimously passed upon roll call.
Citizens Address
There were not any citizens present that wished to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: Correct Care, Inc. was presented in a former meeting as the gatekeeper for medical services in the jail saving the county a substantial amount of money. They have been providing this service on a six-month trial basis to ensure that it was going to work for them and us and it has worked very well. The jailer is requesting the county to enter into a contract. The county attorney has revised the contract sent to him by Correct Care, Inc. recognizing that they are a professional services agency and the county is requesting authorization to enter into the contract for $13.00 per month per inmate basically purchasing health insurance. There is one change in the first "whereas" paragraph of using the words "licensed professional" instead of a "licensed nurse." The county will be making this change before the signing of the contract. The contract will take effect on July 1, 2005, and end on June 30, 2006. It does have a 60-day termination clause if either party chooses to terminate the contract.
Mr. Carl said this would be a great savings for the county and is working very well. Mr. Kimmich said when the cost is compared on what would have been spent on medical services to what this contract will cost the county, we are at approximately a $45,000 in the past five months as gatekeeper. If all goes well, we are saving almost $100,000 per year.
Commissioner Koenig made the motion for approval; seconded by Commissioner Black and the motion unanimously passed upon roll call.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: In the resolution for compensation, it was noticed the old rate was used for seasonal and part time maintenance. The new rate was adjusted by the court and was accounted for in the budget so it is asked that it be acknowledged that the rate is $10.00 an hour instead of $8.00 per hour. Since this was a typo, the minutes will reflect the proper change of the rate.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: An executive session will be needed to discuss the Wessels vs. Sanitation District lawsuit when the Judge Executive is in town. There are only about ten more days to answer but this does need to be moved along. The next fiscal court meeting is scheduled for July 12.
Mr. Kimmich said he would be talking to the judge and he could ask him to call a special meeting on Friday if this was agreeable with the court. It was agreed to put the special meeting on the schedules for Friday afternoon.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Nothing further to report.
COMMISSIONER DAN HUMPERT-Nothing further to report.
COMMISSIONER ADAM KOENIG-Asked if the county bought cars off the state contract and was answered yes. The commissioner suggested that we may want to send out our own bids for this year and maybe get a better price. Mr. Frye said these are bought off state contract because, typically, the police vehicles that are bought cannot be gotten at a better price. Chief Dorsey said it is difficult for other dealers to get police vehicle packages, and usually if they are bought from another dealer, there will be some items missing off the vehicle. The state contract usually cannot be beaten because it comes as a package deal.
Deputy Judge Kimmich assured the court there would be particular attention to detail in these purchases given the issues that have arisen in the state bidding process.
Judge-Executive's Report-Absent.
Executive Session
There was no executive session called for at this meeting.
Adjournment
Since there was no further business to come before the court, Commissioner Black made the motion to adjourn; seconded by Commissioner Koenig. The court was closed by unanimous decision.
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Ralph A. Drees
Kenton County Judge Executive
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Fiscal Court Clerk
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