KENTON COUNTY FISCAL COURT
MINUTES
JUNE 8, 2004
Judge Executive Ralph A. Drees opened the regular meeting of the fiscal court at the Independence Courthouse on June 8, 2004. Present at the meeting were Judge Executive Ralph A. Drees; Commissioners Dan Humpert, Barbara Black and Adam Koenig; Deputy Judge Scott Kimmich; County Attorney Garry Edmondson; Emergency Director Ed Burk; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Information Technology Director Fred McKinley; Special Projects Manager Ralph Bailey; Parks and Recreation Director Wayne Speigel; Public Works Director Joe Murphy; County Engineer Charlie Meyer; Golf Courses Director Tom Mackie; County Clerk Bill Aylor; Assistant County Attorney Brandon Voelker; County Police Captain Darren Smith; Property Value Administrator Merrick Krey; Commonwealth Attorney Bill Crockett; Court Reporter Cathy Johnston; and Guests.
The invocation was said and pledge of allegiance led by Commissioner Dan Humpert.
MINUTES APPROVAL
Judge Drees asked for approval of the minutes of the May 25, 2004, meeting. The Commissioners asked that the minutes be tabled because some had not received their copy. The minutes were tabled until the next regular meeting on June 25.
DELEGATIONS
Toyota Corporation check presentation for Wild Wednesday programs-Wayne Speigel came forward and introduced Ms. Carey Chandler to Judge Drees and the fiscal court who presented a check to the county in the amount of $2,000.00 and said this will continue for five years. Judge Drees thanked Toyota for the check and said he was sure the people that participated in the program would also be grateful.
Dog park presentation, Brandon Voelker reporting-The court and the committee had been presented with a document regarding the possible liability of the park and a proposed lease agreement. It seems everything is concluded at this point and it was recommended that the court move forward with signing the lease of the Friends of the Kenton Paw Park so construction can move forward to get the park opened for the dog owners of Kenton County and surrounding areas.
Commissioner Humpert made the motion that the Judge enter into the agreement with Commissioner Koenig's second.
Commissioner Black said she wished to thank Mr. Voelker and Mr. Kimmich for their hundreds of hours to make the paw park happen and to the members of the paw park committee for persisting for weeks and weeks in their efforts. The attorneys have also spent hours and hours; therefore, the citizens of Kenton County have also funded this project. Commissioner Black further said she was glad the project had come to fruition and it is hoped the citizens of Kenton County and the animals enjoy the park.
Upon roll call vote, the motion was unanimously approved.
Web site presentation on Kenton County records, Fred McKinley reporting-Mr. McKinley said the site was an in house system that had been put together that took approximately five man months and this is the first release. Mr. McKinley gave a short internet demonstration on how to use the web site that is set for a release date of July 1.
Commissioner Black asked if this was the system that would enable us not to have so many duplicate systems? Mr. McKinley answered no that this was not that system.
Mr. McKinley said that the cost for the service is $100.00 per month or $1,100.00 for an annual contract rate. A person will be assigned an account and will be sent a password via e-mail once the form is filled out because we have asked for an e-mail address. This should save a lot of phone calls to offices asking questions regarding property, taxes, etc.
Deputy Judge Kimmich asked what would be said to individuals that would argue the case that in Hamilton County this information is available free of charge, but in Kenton County they will be asked to pay for this information?
Mr. Bill Aylor said that the state legislature in Ohio granted each county money to develop the system. Their state legislature is now recommending they be paid to view the site because they can no longer pay to maintain the system. The situation with Kenton County is that we have purchased plat scanners and have gone back and scanned everything since 1991 which is when the index system started. It has a link to the PVA and sheriff's office to get the current year's tax bills that is a credit to the IT Department. The bottom line is that it is going to take a great deal of time, money and effort to maintain the system and it is an ongoing process where staff will continually update information on a daily basis. It is felt that we would be remiss if we did not charge for this service because it will help pay for staff in the offices that work on the system.
Mr. Kimmich said he had a similar explanation of this from the Treasurer and IT Directors over the last several months as this has been developing and he would like to applaud the PVA, Clerk and Sheriff for working with the IT Department in putting this together. The Commissioners have also had inquiries as to the charging of fees for this information and the county wants them to have the accurate information when they are questioned. Anytime the public has to start paying for services, they automatically start asking the question, that since this is government records, why isn't it provided free?
Mr. Aylor said there is some information that will be provided free such as tax information and the index and this is what most people want to see. As for real estate and title companies and others who would use other detailed information for business purposes, the detail of the document and the actual document, there is a fee for this service.
Commissioner Koenig asked if the public could still get this information free if they physically come to the courthouse? Mr. Aylor said they absolutely could.
Mr. McKinley said there would be an ongoing cost of communication for the T-1 line that will be dedicated to the site and we want to continue improving it. There is the cost for time and software.
Commissioner Black said she wanted to make sure that everyone heard what Mr. Aylor said about the state of Ohio formerly financing this web site for counties in Ohio but now are finding this too expensive to fund and will be looking to the counties to keep this going and it will probably come back to a user fee. Our citizens can now access the mortgage, tax and deed information that they may want and it is free of charge for them and is only charged to those companies that will make a profit from this type of information. This certainly makes sense, it supports the site, makes it more user friendly and our county staff being more able to communicate so there has not been a lot of negative feedback. With this information it should cut off any negative comments if people understand this and it is exciting. We seem to be way ahead of the game. She applauded the efforts of the departments working together and it is a good testimony to working relationships and saves the citizens money.
Mr. McKinley said that most states such as Ohio and Florida are having citizens pay for this site and Boone County citizens also pay. We are the only site that has a guest account.
Judge Drees said it was certainly a good effort of everybody working together and he really appreciated it. Judge Drees asked Mr. Aylor if there was another item he wished to speak about to the court.
Mr. Aylor said he wished to propose an ordinance to ask the fiscal court to adopt regarding electioneering laws at the polls because we do not now have these laws in the state. The grand jury recommended that the fiscal court adopt an ordinance to outlaw electioneering at the polling places. The county attorney has been given a sample ordinance of a 300 foot area around polling places where there would be no electioneering. The reason for having this done is because people being interested in other issues have gone to polling places and done their own personal polls on issues so it has become a fiasco of yelling, confrontations, screaming and people grabbing voters trying to sway them to their particular side of the argument. This year will be a presidential election with probably 80 percent of voters turning out with a same-sex marriage amendment on the ballot, and we may be opening ourselves up for a tremendous problem on election day if we allow electioneering at polling places.
Commissioner Humpert asked why the current statute was struck down. Attorney Edmondson said the six circuit court of appeals believe that it was undue restriction on the freedom of speech via of the Federal Constitution, and said the statute we had in place was too restrictive. Commissioner Humpert then asked if it was because of the distance around the polling areas being too large and Mr. Kimmich said arbitrary was the term used in the rule. Commissioner Humpert asked if we needed to rationally decide what distance we wanted and enforce that distance. Mr. Aylor said the right of free speech would have to be weighed against going into the polling place without being harassed and on voting days the voter should be allowed to go into a polling place unimpeded. Commissioner Humpert asked for Mr. Aylor's recommendation of what he thought should be the allowable distance and he answered that the sample ordinance other counties had passed was 300 feet. Commissioner Humpert asked Attorney Edmondson if he thought there would be a problem with 300 feet.
Attorney Edmondson said there is always a problem because you never knew what the courts were going to rule. One thing that might be done to help substantiate this is to get an opinion from the Secretary of State whose responsibility is to supervise all elections to see if they have a recommendation, as well as try to secure something from the Attorney General's office. We may have a first reading of the ordinance and try to get them to opine upon it and have a little more security of its effectiveness.
Judge Drees said he thought no one should be badgered trying to get in to vote and 300 feet would be minimal which would be approximately two building lots.
Mr. Aylor said that Judge Drees and he were talking about splitting the precinct in Edgewood two and making it a Richardson four precinct, because when the legislative districts were made, the state legislature made a line in the 64th legislative district that included a large section of Erlanger. Those people in Erlanger have been going to the Edgewood City Building to vote which causes a great deal of inconvenience. We are going to split this precinct and are attempting to get the clubhouse at Lakemont as a polling place.
One of the reasons for the clerk being at fiscal court before was to redistrict the county commissioners' districts and one of the court's requests was that Covington residents be moved out of the Winston Park precinct. This is again being proposed to the State Board of Elections so we will move these residents into Covington 26 and Winston Park will totally be a Taylor Mill precinct.
Commissioner Koenig asked if electioneering also includes yard signs. Mr. Aylor said all of the same laws apply except for the handing out of material. The local board of elections has always said that signs in yards are on private property and we do not remove those signs. Most of the candidates decided in the last election they could go ahead and put signs up around the polling places because the electioneering law was thrown out. We removed all signs that were in church yards, schools, etc. because they were on public right-of-ways and should not be there.
Deputy Judge Kimmich said the fiscal court could act today on the ordinance by title and summary and direct the county attorney to proceed in the drafting of a formal ordinance if they wish to get this issue moving forward.
Commissioner Koenig said that since we have plenty of time before election, why not put it in writing and we will know what we are voting for and sending to the Secretary of State and Attorney General.
Mr. Kimmich read the following sample ordinance: "An ordinance of the Kenton County Fiscal Court to establish a 300 foot buffer zone on the perimeter of each polling place wherein electioneering and the placing of political signs other than those on private property and distribution of political material and polling of voters entering or exiting the polling place shall be prohibited." Mr. Kimmich said this was simply summary and title that would start the process and the second reading would come back with the full body of the ordinance.
Judge Drees said this would be the first voting of the ordinance and it could be turned down.
Commissioner Koenig said that when it was said this was the first reading and would go to the Secretary of State and the Attorney General's offices, that he would like to see this written. Commissioner Humpert said he was comfortable with this and he would go along with it. Attorney Edmondson said the commissioners would get a copy of it before it is sent.
Commissioner Black asked if there was an urgency that the first reading should be today. It would be nice if the court could see it before it went to the Attorney General and the Secretary of State. Judge Drees said it was not currently critical, and if there were reservations, it could be put off until the next meeting.
Judge Drees asked Mr. Krey if he had something to bring before the court. He said he wanted to say that the PVA has a guest access to the web site and it can be looked at as many times as someone may wish to go into it. As with the clerk's site, there is a fee for getting further information. He made a proposal there be a one time fee for a limited amount of time versus the $100.00 fee for persons that want to go in for a one time hit on the site that do not have the availability to come down town or to Independence.
Judge Drees said this could be taken under advisement and he was for the user fee so citizens would not have to be charged tax dollars for the site.
FINANCIAL AND BUDGETS
Commissioner Humpert said he had in hand two claims lists; one dated for 5/26 one dated 6/4.
Commissioner Black said that on the claims list, dated June 4 on page four, there is a charge for the County Officials Leadership Institute on her behalf for $60.00 for which she had registered but could not attend because of the fiscal court retreat. She called that office and cancelled her registration and asked that the bill not be paid in order to keep the records clean.
The claims lists were accepted, the warrants will be issued and claims paid.
Commissioner Frye asked that the record show that the end of May reports have not been distributed but will be put in boxes this afternoon.
OLD BUSINESS
There was no old business to come before the court.
NEW BUSINESS
HANDOUT NO. 04-36-Grant of easement to Cinergy, Brandon Voelker reporting: Emerson Power was originally built using industrial revenue bonds and they are on the tax rolls but the property was never formally transferred. It was paid for in 1990 and Cinergy needs an easement. While they are working on the deed to transfer the bond contract, time is of the essence. We were in contract with Emerson and they were in contract with Cinergy and they wanted the county to go ahead and sign it, because technically the property is in our name. Since time was of the essence, the Judge and Deputy Judge signed the deed and it is asked that you ratify their signature to the deed. There is no financial involvement with Cinergy.
Deputy Judge Kimmich said that Commissioner Black is in attendance but would not be voting on the issue.
Commissioner Koenig moved for approval of the ratification with Commissioner Humpert's second. Commissioner Humpert asked if this property was currently on the tax rolls. Mr. Voelker said that in 1990 the bonds were paid in full so it went back to the tax rolls and they have paid taxes since 1990 but never actually owned the land. The following votes were taken on roll call-Commissioner Black, abstain; Commissioner Humpert, yes; Commissioner Koenig, aye; and Judge Drees, aye.
HANDOUT NO. 04-37-Request for Judge Executive to sign purchase agreement with Sungard Pentatmation, Inc. for additional software for occupational license system, Ivan Frye reporting: This is the first expansion of the current financial software whereby a product is being purchased to remove one of our COBOL systems to the current software vendor. This is a product for business licenses that will be moving our occupational license collection system. It will take approximately six months to a year to actually accomplish the transfer because there will need to be some customization done and attach it to our scanning systems.
Deputy Judge Kimmich said he was certifying to the court that the purchase of this software in the amount of $41,800 is a sole source and that we are currently using Pentatmation accounting software because two systems on the open market cannot be interfaced.
Commissioner Humpert made the motion to declare Sungard Pentatmation the sole source for this particular purchase since they are currently the provider for the system. Commissioner Black seconded the motion. The motion was unanimously approved upon roll call.
Judge Drees then asked for a motion of the purchase for the software. Commissioner Humpert made the motion for the actual purchase of the software in the amount of $41,800. Judge Drees asked if this was the total cost and Mr. Frye answered this was the maximum amount and included training and data conversion. Commissioner Koenig seconded the motion, and it was unanimously approved following roll call.
HANDOUT NO. 04-38-Number 04-38 is a tabulation of the bids submitted for handout number 04-40 and would be discussed.
HANDOUT NO. 04-40-Purchase of equipment proposed by the DES Committee for law enforcement personal protection equipment for WMD, Ed Burk reporting: Deputy Judge Kimmich said this handout is asking for approval of purchase for the bids submitted in number 04-38.
Commissioner Koenig made the motion to accept; seconded by Commissioner Black. Judge Drees asked for questions. Commissioner Black asked if the bids for the personal protection equipment were itemized, and if the companies that were on the bid were identified on the sheet in number 04-38? Deputy Judge Kimmich answered that there were seven bidders for the equipment and Orr Equipment is the one that won the bid. Commissioner Humpert said there was a bid to First in Rescue Equipment, the bid to Orr Safety Equipment and there is a paragraph that says, "Additionally we would request the purchase of two Portacount Plus Fit tester machines, adapters for the Scott equipment purchased above for $18,120.00" so there is actually three different items being purchased. Commissioner Humpert added this as an addendum to the motion. Judge Drees asked Mr. Burk for whom the equipment was being purchased? Mr. Burk said the first two pieces of equipment was protection for law enforcement in the event of a WMD event and the Portacount will actually fit test the equipment purchased for law enforcement officers and fire departments. Deputy Judge Kimmich asked if this money was coming from the Federal Government through the state and back to us. Mr. Burk answered in the affirmative. The motion was unanimously approved following roll call.
HANDOUT NO. 04-39-Request approval for Judge Executive to sign agreement for web content management software in the amount of $15,875, Fred McKinley reporting: This is a web development tool that will also aid in developing web sites that will also help in converting our web site into a more professional appearance. In the future, it will also provide e-commerce and e-government portals so more things can be done that we have been wanting to do-such things as sell dog licenses on the internet, schedule park shelters and get those paid for on the internet, etc., at approximately $3,000.00 an application which is good because of the development that will go into it. This will also include any training that may be needed and assistance in getting the web site up and running. Commissioner Humpert asked for the name of the company and was the amount for $15, 875.00. Mr. McKinley answered yes.
Commissioner Humpert made the motion to approve the request and authorization for the Judge Executive to sign the agreement; seconded by Commissioner Black. The motion was unanimously approved following roll call.
HANDOUT NO. 04-40-Discussed and voted on with number 04-38.
ORDINANCES
ORDINANCE NO. 531.94-Second reading dealing with roadways, Brandon Voelker reporting: Ordinance to set up policy to give encroachment permit on county roads to make certain culverts are properly installed and constructed to code so water will properly run off.
Deputy Judge Kimmich said he had discussed this with members of the court to establish a process for bonding of this work so that when someone gets an encroachment permit there is a bond to protect the work is being done. It has been advised by counsel that it is in the best interest to approve the ordinance and come back with an amendment to include the bonding if that is the pleasure of the court.
Commissioner Black said there was several listed concerns on when a gutter is installed that it create something not more unsightly and there is concern on her part that the listed concerns be addressed. She said she had not heard from anyone concerning the regulations and she did not mind going forward with the first reading but there are some concerns.
Judge Drees said he thought the best thing to do would be to go out on the road with someone from the Public Works Department and one could really see how this ordinance would fit in. The problem with this is that people are doing their own thing without permit and it is not correctly done and that becomes part of the problem.
Commissioner Humpert asked the county attorney how a second reading could be done without having the language in it of the bonding.
Attorney Edmondson answered that the bonding is not necessary and is a methodology of enforcement and is a procedural issue, and we can fix this and also any issues Commissioner Black would bring up at the same time.
Commissioner Black said it had to do with grading and landscaping after the ditch is done and it says that, "Permits may not be issued if the filling or excavating will adversely affect natural drainage or the filling will expose unsightly views." An inspector could be out there nitpicking some of these items and it is not clear as to what unsightly views are. The filling or excavating will require greater maintenance efforts. Everything we do requires maintenance efforts and it is not clear what this means.
Judge Drees said he thought the way it is written was to keep down erosion such as putting grass back in to keep the culvert from washing out. Assistant Attorney Voelker said the main problem is that people do not want to properly fill in ditches and lay the proper culvert pipe. The only thing we want to enforce is that nothing be done to divert the water in the roadway.
Commissioner Black asked what would be the process of the bonding if someone needs to have a culvert done? Mr. Voelker answered that if someone comes in to get a permit and agrees they will have the culvert done but choose not to, we can have them forfeit the bond and this money can be used for the Public Works Department to go out and fix the problem.
Commissioner Black then asked how the procedure for the bond works. Attorney Edmondson said it will be a bond requirement but will be with the surety of the third party or subject to the approval of the county attorney. For small projects, we will ask for a check, hold on to it and after the work is finished, we return the check so it doesn't cost them anything. If it is a developer, he may have to put up cash if it is a big project. This is flexible and it all depends on what it is. Commissioner Black asked how the amount would be determined and Attorney Edmondson said the Public Works Department would do a cost estimation and make the judgment. Commissioner Black also asked if documentation would be given to the builder that would list all of the procedures and Attorney Edmondson and Judge Drees said the builder would have to submit his plans and conform to what he had submitted and, if they did not, the county would have the right to cash the bond and have the building done the right way.
Commissioner Koenig made the motion to approve; seconded by Commissioner Humpert. Motion was approved following roll call.
ORDINANCE NO. 924.21-First reading creating a map amendment for an area located at Banklick and Bristow Roads, Brandon Voelker reporting: A map that has been through Kenton County planning and zoning that is a development which has already been approved for a 1.6 acre tract.
Commissioner Humpert asked if the property was in Kenton County and if this was a stage one development plan that had already been approved and Attorney Voelker answered yes.
Deputy Judge Kimmich asked if the area the court is being asked to adjust is the stage one development that is adjacent to the zone change that was approved by the city of Independence as a result of annexation. Attorney Voelker said this was a different developer and not adjacent to that area.
Commissioner Humpert said he did not remember the stage one development going through. Mr. Voelker said it did not go through the court but was a recommendation through the planning and zoning commission. Attorney Edmondson said it was not a zone change but a development plan and had been added to the development.
Commissioner Humpert made a motion to approve the first reading; seconded by Commissioner Black. Following roll call, the motion was unanimously approved.
RESOLUTIONS
There were no resolutions brought before the court.
EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 04-41-Order raising the authorized number of deputies for the county jail, effective May 27, 2004: Judge Drees said there was now a total of 97 employees in the detention center. Deputy Judge Kimmich said the reason this was coming before the court as an emergency order is that it was important the jailer begin the hiring process for the positions provided for in the budget to maintain the fifth floor facility.
Commissioner Black made the motion for the order; seconded by Commissioner Koenig. Unanimously approved following roll call.
EXECUTIVE ORDER NO. 04-42-Appointments of Dr. Michael Robinson and Nancy Beil as members of the Kenton County Airport Board, term expiring July 1, 2008. Notification purposes only; no action requested.
EXECUTIVE ORDER NO. 04-43-Appointment of Henry Fischer and Jan Steinman as members of Sanitation District No. 1 Board of Directors, term expiring July 15, 2008: Commissioner Humpert made the motion to approve with Commissioner Black's second; unanimously approved upon roll call.
EXECUTIVE ORDER NO. 04-44-Reappointment of Mike Farrell and Rose Legge and appointment of Dr. Garry Neltner to the Northern Kentucky Council on Aging, term expiring June 30, 2006: Commissioner Humpert moved for passage of the order; seconded by Commissioner Black. Motion approved following roll call.
EXECUTIVE ORDER NO. 04-45-Appointment of seasonal and part-time employees for Kenton County Golf Courses, effective June 8, 2004: Commissioner Koenig moved for the appointment followed by Commissioner Black's second. Following roll call, the motion was unanimously approved.
EXECUTIVE ORDER NO. 04-46-Appointment of seasonal and part-time employees for Public Works Department, effective June 8, 2004: Commissioner Black moved the appointment be approved with a second by Commissioner Humpert. The motion was unanimously approved upon roll call.
CITIZEN ADDRESS
There were not any citizens present to address the court.
STAFF REPORTS
Deputy Judge Executive – None
Human Resources Director – None
COUNTY ATTORNEY'S REPORT
None
COMMISSIONERS' REPORTS
Commissioner Humpert-Asked if we were having a holiday or anything in memory of President Reagan on Friday. Judge Drees said that the county was not having a holiday and Deputy Judge Kimmich said the state offices were called and was assured that all state offices will remain open. Judge Drees said he felt if President Reagan were alive, he would appreciate this, knowing that we are being efficient.
Commissioner Black-Said she wanted the citizens to be thankful to the state and Federal government; especially, the Federal government for the emergency management dollars. We are finally getting the trickle down and there is no more practical way to use the money than providing protection for the police and firefighters against any type of chemicals or WMD on our behalf when they are out there serving. If you write letters to your Federal elected officials, thank them for the money appropriated and, on behalf of Northern Kentuckians, it will be put to good use.
Commissioner Koenig-Nothing to add.
EXECUTIVE SESSION
There was no executive session called for.
ADJOURNMENT
Commissioner Humpert made the motion to adjourn; seconded by Commissioner Black. All voted aye.
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