KENTON COUNTY FISCAL COURT

M I N U T E S

MARCH 15, 2005, 9:00 a.m.

The regular meeting of the Kenton County Fiscal Court was called to order at 9:00 a.m. at the Independence Courthouse.  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; Assistant County Treasurer Conley Thompson; Human Resources Director Joe Shriver; Assistant Police Chief Ed Butler; Public Works Director Joe Murphy; County Engineer Charlie Meyer; Special Projects Manager Ralph Bailey; Court Reporter Cathy Johnston; and Guests.  Commissioner Barbara Black was absent because she was out of town

Invocation and Pledge of Allegiance

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

Approval of Minutes

Judge Dress asked for approval of the minutes for the meeting of February 22.  Commissioner Humpert moved for approval with a second from Commissioner Koenig.  The minutes were unanimously approved with the vote of aye.

Delegations

North Key, Ed Montel, CEO, North Key Communtiy Care with the Northern Kentucky Mental Health and Mental Retardation Regional Board, reporting-North Key is one of 14 regional boards across the state that has the responsibility of planning for and in many cases provide mental health, mental retardation and substance abuse services.  North Key attended to give an updated progress report in relation to the delivery of services for Kenton County.  The services have continued to build, the number of services continue to rise and the ability to deliver services more rapidly has increased.

North Key has been in a close relationship with Transitions since the 1970's and was highly involved with its founding and they have been an affiliate subcontractor for many years.  Commissioner Humpert asked how North Key would interact with Transitions in respect to the building of a men and women's facility.  Mr. Montel said his understanding of the project is that it is totally recovery-based and is a residence except for the small portion that is assigned to the non-medical detoxification program.  All counseling services that are done at North Key or Transitions will be delivered by peer counselors, and memorandums of agreements will be done for these services.

Commissioner Humpert said he would like a similar model to the Women's Residential Addiction Program (WRAP) be used for the jail that would provide these services that are needed.  Mr. Montel said there are a lot of details that would have to be worked out before this could all come together.  Because this is a residence and it is receiving federal housing funds for that purpose, it is not a treatment program that receives an ongoing delivery of services on site.  The individuals that are housed in the WRAP program are looking towards gainful employment and leaving the facility during the day and in some cases coming to the facility on an outpatient basis.

Commissioner Humpert said the program he was referring to was when inmates leave the jail and are transitioning out into society and North Key is on both the jail side and the society side.  He said that he would like to see planning along this line so that when inmates are released, North Key could work with Transitions for further treatment of inmates that need it.

Judge Drees said that on the report it shows that in June 2004, and in the first half of each year, it always shows more clients and he wanted to know the reason for this.  Mr. Montel said the statistics are based on a fiscal year starting on July 1 and go through June 30.  Shown are individuals that have been identified in receiving services and they continue on through December and into the second part of the year, so the total number will be everybody that is served in Kenton County over the course of the fiscal year.

Judge Drees asked how clients are received and Mr. Montel answered that they come in self referred, family, friends, legal, probations, criminal justice, psychiatric hospitals, schools, and there are a wide variety of sources.

Mr. Montel said the report shows that the largest amount of service delivered is in individual therapy showing 6,451 visits.  The number of individual visits by the end of the fiscal year show an amount of 12,447 visits.

Commissioner Humpert said in the report it is shown that from 1998 through 2003 the services were fairly flat for this five-year period.  In June 2003-04, services went to a 10 to 15 percent increase over the five-year period.  He asked what accounted for the increase and Mr. Montel said he would say some of it had to do with the increase in psychiatric services and nurse practitioner time for psychiatric medication provision.  He said this was also because of therapeutic rehab time and some increases in day treatment.

Mr. Montel said that what is most provided for in the area of mental retardation is case management services to help people find the most appropriate level of care and help persons who may be in such services as BAWAC or in new perceptions.

Attorney Edmondson asked if the numbers for the jail were included in the report and Mr. Montel answered they were reflected but not to the degree they have recently grown, because a lot of the growth has occurred in the past six months.

Deputy Judge Kimmich said when the units of service were looked at everything is based on a quarter hour.  Mr. Montel said one reason for this is that when chemotherapy sessions are done and a psychiatrist is trying to see a number of people, usually these are made in 15- or 30-minute sessions.

Mr. Montel said that North Key was chosen by the state department of mental health to pursue a federal grant that has been awarded for early intervention activities, actual delivery of support services within school settings and WRAP around services for individuals.  North Key is in the process of identifying five or six schools in the Northern Kentucky area to participate in the grant award of up to $9.5 million over a six-year period of time.

Mr. Walsh, Vice President of Outpatient Services at North Key, came forward to make comments about the program initiatives.  In terms of access to services, there is a central phone number to make it as readily available as possible and there is staff to answer to obtain basic information to determine the seriousness of a problem, how quickly someone needs to respond and to determine if North Key is the proper place to see the caller.  The goal is to get people in within two weeks time of an initial call.  If it is something urgent, an individual can be seen the same day or within 24 hours.

One great thing that has happened is the crisis stabilization program.  There is one for children and one for adults which gives the capacity to respond to crises 24 hours a day, 7 days a week.  North Key is as highly staffed with psychiatrists and advanced registered nursing practitioners (RNP) as has been in history.  One collaborative project that involves Transitions and other agencies is the homeless services project.

Commissioner Humpert asked what a RNP is and Mr. Walsh said it is a master's level nurse who has passed certain statewide exams and is certified as an advanced registered nurse practitioner who can prescribe most medications.

In terms of jail services, a Health Foundation Greater Cincinnati grant has been received to do a needs assessment about persons that have substance abuse and mental health problems who come in contact with the criminal justice system.  The needs assessment will be around what North Key can do to divert some of the people from the jail and what to do with those who are incarcerated in terms of re-entry so that mental health and substance abuse services can be improved to keep people from having to be in jail.

General Business

There was no general business items presented to the court.

Resolutions

RESOLUTION NO. 05-05-Resolution to accept grant for the airport, Rob Ziegler reporting:  Improvements relating to the new runway 17/35, the extension to runway 9/27, the new ARFF building, fire apparatus, snow equipment, snow equipment storage building and other projects such as environmental mitigation and road and utility relocations totaling $19,150,137.  This was approved at the last meeting of the Kenton County Airport Board.

Commissioner Humpert asked what the new runways were and Mr. Ziegler said 17/35 was the new North-South runway and 9/27 is the extension to the East-West runway.  Commissioner Humpert also asked what the ARFF building was and Mr. Ziegler said it stands for aircraft rescue fire fighting.

Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert.  The motion unanimously passed with an aye vote.

Ordinances

There were no ordinances to come before the court.

Consent Agenda

CLAIMS LIST-Assistant County Treasurer Conley Thompson:  With the claims list being approved, warrants will be issued and all claims paid.

Administrative Actions

HANDOUT NO. 05-09-Approve loan agreement amendment between Kenton County Fiscal Court and Ft. Mitchell Developers, Conley Thompson reporting:  This is a modification to a loan agreement where the accrued interest will be added to the principle that is compounded quarterly.  All interest and principle would come back to the county in December 2006.

Judge Drees said this was a loan made to the brewery and after writing letters to which no response was received and they were behind on their payments, they came in to talk to the county about it.  If the building is sold, the brewery will have the money to pay off the loan.

Mr. Edmondson said the first time he had seen this was today and said he had not seen the note.  He said he was in communication with them when they filed bankruptcy a year or so ago.  There is no problem with the court approving it subject to the county attorney reviewing all the documents and the note and advising the court in writing that it is appropriate.

Judge Drees entertained the motion to approve subject to the county attorney's approval.  Commissioner Humpert made the motion with a second by Commissioner Koenig.  The motion was unanimously approved upon roll call.

HANDOUT NO. 05-10-Request to bid for repair services to the fire training house, Ed Burk reporting:  A request for repair work to be done on the fire training building on Boron Drive, a building used by all of the fire departments in Kenton County to practice putting out fires.

Judge Drees asked if this would affect the current budget and Mr. Burk answered no.  Commissioner Humpert asked what goes on inside the building and Mr. Burk said the practice of putting out fires and the different types of conditions that would be encountered.

Mr. Kimmich said there was cracking in the walls and the first thought was to replace the building.  A grant was sought but denied by the state and one from the federal government to build a new center.  Some money has been received from the state and there is now enough money to repair the center and make it structurally sound so there will not be a problem with insurance carriers.

Commissioner Koenig moved for approval; seconded by Commissioner Humpert and the motion was unanimously approved following roll call.

HANDOUT NO. 05-11-Authorize the county judge executive to enter into an agreement with WCPO-TV for a weather station at the Independence Courthouse, Ed Burk reporting:  WCPO contacted the county for another site to put another weather station in the South end of the county and it will sit on top of the firehouse.

Judge Drees asked if the contract was written so that if something is done with the building the weather station would not pose a problem.  Mr. Burk said this could be added to make sure.  Mr. Edmondson said the agreement could be terminated within 60 days by either party and this should be sufficient.

Commissioner Humpert made the motion for approval with a second by Commissioner Koenig.  The motion was unanimously approved upon roll call.

HANDOUT NO. 05-12-Authorize the county judge executive to enter into an agreement with Robert Jones as a school resource officer for the Kenton County Police Department:  Commissioner Koenig moved for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Orders

EXECUTIVE ORDER NO. 05-15-Reappointment of Robert Stegman to the Elsmere Fire Protection Board for a three-year term, expiring March 19, 2008:  Commissioner Humpert moved for approval followed by a second from Commissioner Koenig.  The motion was unanimously approved with the vote of aye.

EXECUTIVE ORDER NO. 05-16-Resignation of Tim Mattingly as an equipment operator for the Department of Public Works, effective March 21, 2005:  Commissioner Koenig moved for approval with a second from Commissioner Humpert and the motion was unanimously approved with the vote of aye.

EXECUTIVE ORDER NO. 05-17-Appointment of various seasonal employees to the golf courses and Department of Public Works, effective March 15, 2005:  Commissioner Koenig moved for approval; seconded by Commissioner Humpert and the motion was unanimously approved with the vote of aye.

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 but does have some items for an executive session.

COUNTY TREASURER-Conley Thompson:  Nothing to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing to report.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Absent.

COMMISSIONER DAN HUMPERT-An article in the paper today talking about job creation in the region and the area that has the best outlook in the future is Northern Kentucky.  This speaks well to the leadership of the three-county area and the three judges.

Also, there was an article about the dog park and he had received a call from a person on the dog park committee wanting to know when construction could be started.  They wanted to know if the county's road construction would be in conflict with their fence construction.

Mr. Kimmich said there would be none since they are two different types of construction.

COMMISSIONER ADAM KOENIG-Nothing to report.

Judge-Executive's Report

Nothing further to report.

Executive Session

Judge Drees asked for a motion to go into executive session pursuant to KRS 61.810, Subsection 1-E and 1-C, potential acquisition or disposition of property and proposed or pending litigation.

Commissioner Humpert moved for approval followed by a second from Commissioner Koenig.  The court went into executive session following the unanimous vote of aye.

Commissioner Koenig made the motion to return to regular session; seconded by Commissioner Humpert.  The motion passed with a unanimous aye vote.

Judge Drees asked the representative for Transitions, Inc. to speak to the court.  Mr. Ted Smith, a volunteer representing the Northern Kentucky Mental Health Substance Abuse Regional Planning Council came forward and said the council's members represent 26 providers of mental health and/or substance services, charitable agencies, consumers and volunteers.  Kentucky's Regional Planning Councils are aligned with the Kentucky Area Development Districts.

One of the most acute needs in Northern Kentucky is for residential housing for homeless and near homeless substance abuse persons where they can receive supervision and recovery training on a 24/7 basis.

President George W. Bush asked for funding to end homelessness and required that each state establish a ten-year plan to end chronic homelessness.  Also, Governor Fletcher has begun a campaign to fight drug abuse in Kentucky and from this a recovery plan to build ten 100-bed "healing places" was established.  The objective is to have two facilities in each congressional district.

It is hoped to have two centers in Northern Kentucky and it is also hoped that a 100-bed center for men can be built in Kenton County.  It has to be demonstrated to the Governor that we really want a center and strong community support is the key ingredient.  The two most important demonstrations of community support are securing land and section eight housing vouchers.  In the application process, extra bonus points can be awarded for the donation of land (a one dollar per year lease counts as donated land) and for cash donations.

It is hoped that the Kenton County Fiscal Court will pass a resolution of support and become actively involved in securing the land and vouchers.  A rapid response is needed because of the rapidly approaching deadline of March 24.

Deputy Judge Kimmich said that what is needed is a motion for RESOUTION 05-06-Authorize County Judge Executive Ralph A. Drees to enter into a cojoint application between the Kenton County Fiscal Court and Transitions, Inc. for participation in the Kentucky Recovery Program and to set aside adequate publicly owned property as required in the grant application process.

Commissioner Humpert made the motion to pass the resolution; seconded by Commissioner Koenig.  Commissioner Humpert said he really supported this and he thought it would take some of the jail offenders and give them a chance of recovery instead of the revolving door to them.  The motion unanimously passed following roll call.

Judge Drees asked Attorney Edmondson about a motion on Kyles Lane.  Mr. Edmondson answered that it would be to give the county attorney and Attorney Lawson Walker, who is employed by the insurance fund, to undertake and negotiate a settlement regarding the Kyles Lane lawsuit along the terms that were discussed in executive session.

Mr. Kimmich presented a recommended motion for the court-Motion to authorize County Judge Executive Ralph A. Drees to proceed in awarding the bids for Kyles Lane and directing the county attorney and other counsel to proceed in taking appropriate legal action to recover that portion of the cost from the appropriate insurance type carriers.

Commissioner Humpert made the motion with a second from Commissioner Koenig.  The motion was unanimously passed upon roll call vote.

Mr. Kimmich said a motion for the court to reauthorize County Judge Executive Ralph A. Drees and County Attorney Garry Edmondson to engage the services of Frost Brown Todd to assist in litigation regarding the county's occupational license fee matters.

Commissioner Koenig made the motion; seconded by Commissioner Humpert and the motion unanimously passed following roll call.

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Adjournment

There being no further business to come before the court, Judge Drees entertained the motion to adjourn.  Commissioner Humpert made the motion to adjourn with a second from Commissioner Koenig and the motion unanimously passed with the vote of aye.