KENTON COUNTY FISCAL COURT

M I N U T E S

May 23, 2006, 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 Judge Executive Ralph A. Drees; Commissioners Dan Humpert and Adam Koenig; Deputy Judge Executive Scott Kimmich; Assistant County Attorney Brandon Voelker; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Assistant County Attorney Stacey Hege; Special Projects Manager Ralph Bailey; Court Reporter Cathy Johnston; and Guests.

Commissioner Barbara Black was not in attendance at this meeting.

Invocation and Pledge of Allegiance

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

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated May 9, 2006.  Commissioner Humpert made the motion for approval with a change previously given to the clerk; seconded by Commissioner Koenig.  The motion was unanimously approved with the vote of aye.

Delegations

There were not any delegations to appear before the court.

General Business

No general business items were brought to the court's attention.

Resolutions

Resolution No. 06-13

Authorization for Judge Executive Ralph A. Drees to sign a memorandum of agreement with the Governor's Office for Local Development for body armor for sworn peace officers within the Kenton County Police Department, Ivan Frye reporting:  This is a grant where there is no match that comes from the sale of confiscated arms which will buy seven units for our officers.  Commissioner Koenig made the motion to approve with a second from Commissioner Humpert and the motion unanimously passed with a roll call vote.

Resolution No. 06-14

Authorization for Judge Executive Ralph A. Drees to execute an application for funds through the Community Development Block Grant program for the establishment of a Recovery Program in Kenton County, Scott Kimmich reporting:  Judge Drees said the official public hearing was held in the city of Erlanger this week and most of the people there were for the center.  The persons that are in court will be given permission to speak for a period of three minutes each.  Three letters were received in the Judge's office with one against the center and two for it.  The only decision to be made in court now is whether or not to approve the recommendation of the city of Erlanger.  The center is for anyone that wants to help themselves get off drugs and lead a productive life.

Mr. Kimmich said the application before the court is for approval of a Community Development Block Grant that is required by that program to fund a 24,800 square foot facility to house up to 100 clients to be served by Transitions, Inc.  This was approved by the Erlanger Board of Adjustments on a 3-2 vote and a letter of acquiescence and acceptance of the project has been executed by the Honorable Marc T. Otto, Mayor of Erlanger.  A public hearing was conducted yesterday in accordance with provision of 24 CFR, Part 570, at the Federal Code of Regulations and KRS 424.130.  The request before the court is for authorization for the Judge to execute the grant request for funds through the grant program.  This application would go to the Kentucky Housing Corporation who is responsible for administration of the program on behalf of the Commonwealth and would enable the project to move forward as designated.

Commissioner Humpert said the public hearing had been duly advertised and held and the court was not holding a public hearing now so we are not getting a fair representation of people to present to the fiscal court.

Judge Drees said the official hearing was held yesterday but he was giving the persons present at court a chance to make known their comments.

Commissioner Humpert said he did not think that both sides were getting fair treatment since both sides were not represented at court.  Judge Drees said Mac McArthur was present at the meeting and said that they could go ahead and vote now without hearing from the guests at court if that is what the commissioners wanted.

Commissioner Humpert asked Attorney Voelker for his opinion and he said that statutorily this involved due process and the right to be heard.  What Judge Drees is proposing is that some people have come to speak and allowing them the privilege of speaking.  There is no legal requirement that they be allowed to speak other than Judge Drees acknowledging that he would like to hear from them.  This is entirely at the discretion of Judge Drees.  The hearing that was held yesterday was a required hearing for people to show up and voice their thoughts in order to obtain the grant.

Commissioner Humpert said he had not seen the results of the hearing and asked if they were going to be presented.  Mr. Kimmich said that 10 individuals spoke at the hearing and all of them were in favor.  As the Judge indicated, there were three individuals that submitted written communications in opposition and one also submitted a written statement in favor.  The statements of the 10 individuals, the three letters opposed and the letter that Mr. Edward L. Smith sent are the only documents that will be included in the packet that is submitted to the Kentucky Housing Corporation as the official record of the fiscal court and the city of Erlanger.

Judge Drees granted each of the persons present a chance to address the court with their views of the Recovery Program Center.  The persons (approximately 10) that presented their views were against the center being located in their neighborhood.

Judge Drees asked Mac McArthur to come forward to again state his views and the facts on the center.  Mr. McArthur said this is a good location for the center since it was near the bus line and with the volunteers and the shuttles this would not be a problem.  The Chief of Police in Erlanger did a very thorough job talking to the beat police around the healing place in Louisville and they told him that the atmosphere inside the building was positive and carrying over to the neighborhood outside and that they had no complaints with it.  The chief did further research and said the types of problems people imagine coming out of these recovery centers does not happen at the places where the other recovery centers have been built.  Emphasis on these recovery centers are for people who have been through a program helping each other and the newcomers into the program.  All of the people who come into the program have to be voluntary and a screening is done to see if they are motivated enough to work in this kind of program.  If the other residents think that someone is not giving it their best shot, they will ask that person to leave.

As far as the homeless issue goes, Transitions asked the Governor's Office to give their definition of homeless or at risk for homeless and their attitude is that if someone has a long-term alcohol or drug program and does not get treatment, they are at risk of being homeless.  We will not have a transient walk-in type center.

Judge Drees asked for a motion for approval of the resolution and Commissioner Humpert made the motion and Judge Drees seconded the motion.  The motion was unanimously approved upon a roll call vote.

Judge Drees asked the visitors who spoke at court against the center to give it a chance and that he would be very, very surprised if they came back at the end of the year and say they had trouble with the center.

Judge Drees said that Jo Anne Cobble was present at court, a councilwoman for Independence, who wanted to speak to the court.  Ms. Cobble said she was there to give a compliment to Judge Drees and the court on the subject of the much needed changes and revisions to the county health insurance plan.  She told Judge Drees this showed true leadership on his part and on the part of the commissioners because there was some controversy and a true leader is not afraid to speak out on these kinds of topics and take action.  Some of the changes were much needed and comments have been made that we need to operate government more like a business and this is one of the ways where government can be operated like a business.

She also said that she knew a statement had been made that the commissioners were not accessible.   She wanted to refute this statement and wanted to compliment the court on how respectful the Judge and all three commissioners were to the public; especially, when some other citizens and she was there to argue against the insurance tax.  She said she wanted to thank the Judge again for his leadership and for the commissioners being accessible to the citizens.

Ordinances

Ordinance No. 225.43

Second reading of an ordinance setting the county budget for Fiscal Year 2006-07, Ivan Frye reporting:  The public hearing for the budget was held two weeks ago and has been duly advertised.  The budget has been audited by the Governor's Office for Local Development where it was approved as to form and classification and is being presented for the court's approval.

Judge Drees asked for a motion for approval that was made by Commissioner Humpert; seconded by Commissioner Koenig.  The motion was unanimously approved following roll call.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  There being no questions or comments, Judge Drees directed that all warrants be issued and the claims paid.

Administrative Actions

Handout No. 06-24

Authorize Judge Executive Ralph A. Drees to execute sale of property located at 334 Trevor Street, Covington, for the sum of $1.00 to Housing Opportunities of Northern Kentucky:  Judge Drees said this was a purchase deal so they could build a house and get it back on the tax rolls.

Mr. Kimmich said the fiscal court will be transferring to the county attorney the sum of $2,200 on this particular parcel of property.

Judge Drees asked the pleasure of the court and Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert.  The motion unanimously passed with an aye vote.

Handout No. 06-25

Request authorization to sale property located at 8464 Decoursey Pike to Charles Dickens for the sum of $6,000:  Mr. Kimmich said this property was advertised for bid pursuant to the statute and there were no bids received.  This individual came forward and asked Mr. Ralph Bailey to negotiate a purchase price.  The purchase price was negotiated based on the outstanding amount due to the county attorney for taxes and other costs involved and this sale will cover all costs including the back taxes that were incurred by the county attorney's office.  This will be a zero loss to the county but it needs to be in the record that no bids were received at the time of the opening.  Mr. Bailey did negotiate with Mr. Dickens based upon the tax bill received from the county attorney's office and the amount paid and this is how the county arrived at the price.

Commissioner Humpert made the motion for approval followed by a second from Commissioner Koenig.  The motion was unanimously approved with the vote of aye.

Handout No. 06-26

Permission to declare the Ellis Family Cemetery located on Braid Wade Drive to be an abandoned cemetery in order for the burials to be relocated for construction of a new industrial/commercial facility:  Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the aye vote.

Handout No. 06-27

Permission to surplus a food warmer in the detention center; a 1988 Ford, the county's spare ambulance, in fleet management; and two metal desks in the clerk's office:  Commissioner Humpert made the motion with a second from Commissioner Koenig and the motion unanimously passed with an aye vote.

Handout No. 06-28

Request approval of the fiscal court for contracts with various agencies funded by COLT fees and authorize Judge Executive Ralph A. Drees to sign said contracts for Fiscal Year 2007, Ivan Frye reporting:  This is the annual renewal of the contracts with the agencies.  The amounts being budgeted are the same as those covered in the budget review.

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

Handout No. 06-29

Award bid for erection of fire training simulator to the S-n-P Construction for $126,000 with exclusions, Ivan Frye reporting:  Two bids were received and this company is $50,000 lower than the other bid.  Their references have been checked and they come highly recommended.

Commissioner Koenig made the motion for approval with a second from Commissioner Humpert.  The motion unanimously passed with the vote of aye.

Handout No. 06-30

Award bid for paper products and trash can liners to HP Products and cleaning and janitorial supplies to Greko Supply Company, Ivan Frye reporting.  Commissioner Humpert made the motion for approval followed with a second from Commissioner Koenig.  The motion unanimously passed with the aye vote.

Handout No. 06-31

Award bid for gasoline to BP Products of North Armerica, Inc. and diesel to Lykins Companies, Ivan Frye reporting:  There was one bid, Haper Oil, lower than BP that had exclusions in it that actually makes its price higher.  Their bill payment was also by electronic funds transfer and the county does not yet do this.

Commissioner Humpert said he noticed this was also for the golf courses, fiscal court, and for the cities of Taylor Mill and Edgewood.  Commissioner Humpert asked if the county sold to all of the cities and Mr. Frye said it was offered but the other cities have their own tanks and buy it direct.

Judge Drees asked for a motion and Commissioner Humpert made the motion for approval with a second from Commissioner Koenig.

Judge Drees asked for a comparison of the last two bids and Mr. Frye said bids are taken based upon service called APIS (all price information service). The price is published daily where the gasoline is delivered and anytime we order, we can look at that publication and it will show what the price was and the county can buy from BP at two cents over the pad price.

The motion was unanimously approved with the aye vote.

Handout No. 06-32

Award bid for fan coil units and electric water cooled chiller to Trane for installation at Rosedale Manor, Ivan Frye reporting:  This is the project to replace a chiller and the fan coil units in all of the patient rooms at Rosedale.  This is being sponsored by funds from the fiscal court that have been held from the time of construction of the facility.  The engineer for the project has reviewed the bids and is recommending, on the life cycle basis and direct cost, the bid of Trane for both the chiller and the fan coil units is the best bid.

Judge Drees asked if this was the total project and Mr. Frye said this was just the purchase of equipment.  The installation specifications are not complete yet and when they are finished we will go to bid for a contractor to install these units.  The chiller unit will be installed by Trane but a contractor will be hired for the window units.  Judge Drees asked why this was not all bundled together and Mr. Frye said this was an attempt to get the equipment ordered since some of this has a long lead time, and if it is bought direct the county does not pay a sales tax so we save quite a bit of money purchasing it ourselves.

Judge Drees asked for a motion which was made by Commissioner Koenig with a second from Commissioner Humpert.  The motion unanimously passed upon roll call.

Executive Orders

Executive Order No. 06-37

Appointment of Charles Pangburn to replace Jim Willman on the Northern Kentucky Convention and Visitors Bureau for a three-year term, expiring on July 31, 2009, and reappointments of Gordon Snyder and Michael Conway, expiring July 31, 2009:  Commissioner Humpert made the motion for approval followed by a second from Commissioner Koenig and the motion unanimously passed with the vote of aye.

Executive Order No. 06-40

Reappointment of Pete Van Curen to the Ryland Heights Fire Protection Board, term expiring June 30, 2009:  Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-41

Reappointments of Dr. Garry Neltner and Rose Legge to serve as members of NKADD Council on Aging for a two-year term expiring June 30, 2008, and appointment of Leon T. Myers, Jr. as a member, term expiring June 30, 2008:  Commissioner Humpert moved for approval with a second from Commissioner Koenig and the motion unanimously passed with the aye vote.

Executive Order No. 06-38

Employment of Nicole Renner and Elizabeth Cochran as part-time animal technicians for the animal shelter, effective May 25, 2006:  Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-39

Resignation of Addie Sonubi from the treasurer's office, effective June 1, 2006:  Commissioner Humpert made the motion for adoption followed by a second from Commissioner Koenig.  The motion unanimously passed with the aye vote.

Citizens Address

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

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  There was approval of the surplus of an ambulance earlier in the meeting.  This past weekend at the vehicle auction the ambulance was sold for the sum of $4,000, which was more than was thought the county would receive for it.  The court is being asked to retroactively approve the sale of the ambulance for $4,000.  Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with the vote of aye.

The second item is that the June 13 meeting be taken off the schedule because there will not be a quorum and authorize the treasurer to communicate the claims list to the commissioners.  If there is an objection to the list, it will be pulled from the claims list and submitted for final review at the June 27 meeting.  Commissioner Humpert made the motion for approval with a second from Commissioner Koenig.  The motion unanimously passed with the aye vote.

COUNTY TREASURER-Ivan Frye:  The sheriff having finished collecting the taxes and has the final report prepared, the court needs to appoint a representative to conduct the settlement with him and bring back a recommendation of acceptance.  Commissioner Humpert made the motion for Mr. Frye to be the representative; seconded by Commissioner Koenig and the motion unanimously passed with the vote of aye.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Northing further to report.

COUNTY ATTORNEY'S REPORT-Brandon Voelker:  Nothing to report.

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Absent.

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER ADAM KOENIG-Said he would like to wish Gary Toebben good luck and that he had done an excellent job in Northern Kentucky and wished him luck on his new job in Los Angeles.

Commissioner Humpert and Judge Drees agreed that he had done a good job and that he would be missed and hard to replace.

Judge-Executive's Report

Judge Drees did not have anything further to report.

Executive Session

The court did not adjourn to go into executive session.

Adjournment

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Koenig.  The court was adjourned with the unanimous vote of aye.