KENTON COUNTY FISCAL COURT
M I N U T E S
OCTOBER 10, 2006, 9:00 A.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, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; County Engineer Charles Meyers; Colonel Rodney Ballard; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Adam Koenig.
Approval of Minutes
Judge Drees asked the court for approval of the minutes dated September 26, 2006 Commissioner Humpert made the motion for approval; seconded by Commissioner Black. The motion was unanimously approved with the vote of aye.
Delegations
There were not any delegations present at court.
General Business
No general business items were brought to the court's attention.
Resolutions
Resolution No. 06-24
A resolution calling for the Kentucky Transportation Cabinet and Ohio Department of Transportation to work collaboratively in calling for the placement of high occupancy vehicle lanes and/or bus shoulder lanes in the design and construction of the replacement structure for the Brent Spence Bridge: Commissioner Black made the motion for approval with a second from Commissioner Humpert and the motion unanimously passed with an aye vote.
Resolution No. 06-25
A resolution and order of the Kenton County Fiscal Court authorizing and directing the formulation and implementation of a plan to provide for the recovery of costs associated with the financing, site, location and development of plans for design and construction of a detention center and other public facilities construction projects approved by the Kenton County Fiscal Court. Commissioner Black made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed following roll call.
Resolution No. 06-26
A resolution authorizing the transfer of a 2006 General Assembly community development line item grant in the amount of $100,000 to the city of Covington for the purpose of a renaissance on main faade project for the renaissance Covington district: Commissioner Koenig asked how this resolution came about and why it was being funneled through the fiscal court. Mr. Kimmich said that in the development of the state budget the legislators chose, rather than to send the money to individual cities, to send the money through the fiscal court. The money is clearly earmarked in the budget for specific projects and in a meeting with Covington and the Governor's Office for Local Development it was decided that it was better to do a resolution saying the city is responsible for it rather than them spending money and sending it to us and us sending it to Frankfort and going through a reimbursement process.
Commissioner Koenig made the motion for approval followed with a second from Commissioner Black. The motion unanimously passed with the vote of aye.
Resolution No. 06-27
A resolution authorizing the transfer of a 2006 General Assembly community development line item grant in the amount of $450,000 to the city of Covington for the purpose of the Covington Artisan's Enterprise Center Improvement bond fund: Commissioner Humpert moved for approval; seconded by Commissioner Koenig and the motion unanimously passed with a vote of aye.
Ordinances
Ordinance No. 924.32
First reading amending the zoning map for an approximate 94 acre parcel located at the Southeast corner of the intersection of Taylor Mill Road with Manor Lake Drive from R-1B (single family) and A-1 (agricultural) to R-1B, single family residential zone with a planned united development overlay zone: Mr. Bill Viox came forward to speak to the court and give a presentation on the development and said that J. J. Miller, the developer, was also present to answer questions. The subdivision that is now there includes a large platted area and was never approved. If this project goes further, the planner and developer will return to the court to talk about the rights-of-ways that will be needed. The Miller Company wants to develop the rest of this subdivision that will include the 45 lots that are now there and continue on to complete the subdivision. The difference today is that there will be public sewers and the lots will be a different size. A pumping station is planned and the adjoining subdivision would be allowed to hook on to this station.
Commissioner Humpert asked if public sewers are there now and Mr. Viox answered no. There is a sewer line in the Twenhofle area that is available to the subdivision. The Miller Company would put in a lift station and a force main and the appropriate easement for gravity lines could come out of the existing subdivision.
Commissioner Humpert asked how many lots were there now and the answered was 45. He asked how it went from 45 to 173 and Mr. Viox said the original subdivision was 45 and a lot of other plots were included that were never graded. Judge Drees asked if the existing subdivision was served by septic tanks and Mr. Viox said yes and that the existing homes would be able to tap into the sewer system when it is finished.
Commissioner Black asked how many of the existing homes would be serviced from the pump station and Mr. Miller said a pump station was being planned that would be large enough to handle the homes that are there now and the new ones to be built. He said the availability would be there and give them the easements if they wanted to run the lines to it and that it would be up to the Sanitation District to run the lines to the property owners. Commissioner Black asked that since this is a private subdivision, who would have the monetary responsibility for the homeowners if they wanted to run lines to the pump station. Mr. Miller said he pays for putting the pump station in and then it becomes a public utility. Mr. Miller also said it is not far to the pump station from the existing property owners' homes. Normally, the public utility puts together a program with the costs and goes to the owner's home and takes a vote as to whether or not they would want to do this. There is no pressure but it will be made available to them if they want the service.
Commissioner Black asked where the line was going to go and where the easements would come from and Mr. Miller said that it normally runs with the right-of-way of the road and on Manor Lake and cross under #16 to where it hits a manhole. Commissioner Black asked about the water retention in this area and Mr. Miller said the bottom line is that a dry retention area will be put in and all the storm sewers will be funneled to this area. It will be engineered such that the water run off from this site will be less rapid than prior to the development because of the retention areas. Commissioner Black said she did not see anything from the planning commission saying anything about the retention of all of the additional water that will come from the subdivision. Mr. Viox said they had committed to meet all the subdivision regulations which do require the water to be collected, take it to a retention facility, and regulate it before it is put out in the stream.
Judge Drees said this is standard procedure to get the zoning first, the plan approved by the planning commission and retention bases have to be put in all of the subdivisions because of regulations. Commissioner Black said it was always standard procedure for her to express concern because developments have been previously approved that did not meet regulations and she continues to express concern that perhaps regulations need to be tightened. Mr. Miller said this was his first development here and he could assure the court that it would be done in the proper manner. This site lends itself to the least concern of any that he would have in creating any kind of erosion or water runoff because the density is relatively low. Two houses to the net acre on this site with this plan allow us to cluster the houses on the ridge tops. Approximately 40 percent of this site will be left in a conservation homeowners association that will be undisturbed, untouched and not grated. One ridge top is already cleared and being farmed and on the second ridge some will have to be taken out for houses.
Judge Drees asked for the width of the lot and Mr. Miller said the lots are 60 feet with 50 feet building pits.
Judge Drees asked for a motion of the court and Commissioner Koenig moved for approval; seconded by Commissioner Humpert. Upon roll call vote, the Commissioners voted for the motion with the Judge being recorded as present but not voting.
Commissioner Humpert asked if someone from the planning commission could be present for the second reading and Mr. Kimmich answered yes.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Since there were no questions asked on the list, Judge Drees said warrants would be issued and the bills paid.
Administrative Actions
Handout No. 06-55
Authorization for Judge Executive Ralph Drees to sign a contract for providing bus transportation for school children at St. Agnes School, Park Hills, for the years 2006 and 2007: Commissioner Black made the motion for approval; seconded by Commissioner Koenig and the motion unanimously passed with the aye vote.
Handout No. 06-56
Acceptance of proposal from NorthKey Community Care to provide services at the Kenton County Detention Center for a two-year period, Terry Carl reporting: This is a contract renewal for mental health services. They have been doing an outstanding job and have a follow-up treatment plan and their services are being expanded in this contract.
Commissioner Humpert said there was an article in the paper about Campbell County creating a Northern Kentucky mental health judgeship and wanted to know how this would affect the detention center. Mr. Carl said this would be a mental health court. Mr. Edmondson said the judicial branch of the government is doing this and it is their initiative. Mr. Kimmich said once this is in place, the county will be the first in Northern Kentucky to have a full time case manager whose job is to work to mainstream these persons back into some level of society. NorthKey is making this possible by leveraging our $20,000 with another $20,000 in state dollars.
Commissioner Black made the motion for approval followed by a second from Commissioner Humpert. The motion unanimously passed with a roll call vote.
Commissioner Black said this was very important and in the follow up would save a lot of money by stopping the frequency of the revolving door in the jail. She also told Mr. Carl that she thanked him for working with NorthKey and his help.
Handout No. 06-57
Ratification of various agreements executed for the recertification of the fiscal court's workmen's compensation program, Joe Shriver: These are various standard agreements that are required each year. Unfortunately, there was a deadline by the state and it had to be returned to the state by October 5. Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion unanimously passed with the aye vote.
Handout No. 06-58
Renewal of contract with Health Point for medical services in the Kenton County Detention Center, Terry Carl reporting: Mr. Carl said that Health Point was doing a great job and is helping the county to save money. Commissioner Humpert asked what medical help they had at the jail and Mr. Carl said there is a nurse practitioner and a doctor, and other partnerships with them is being looked at for medicines and dentistry.
Commissioner Koenig made the motion for passage with a second from Commissioner Black and the motion unanimously passed with a vote of aye.
Handout No. 06-59
Intergovernmental agreement for the Kenton County Public Safety Communication Center on behalf of the county and the city of Covington: Judge Drees said he had talked with Mayor Holocher, Fort Mitchell, and he made some good suggestions. Some minor changes will have to be made to this handout and will be put back on the agenda for the next meeting.
Commissioner Humpert made a motion to table the handout followed by a second from Commissioner Black and the motion unanimously passed with an aye vote.
Handout No. 06-60
Interlocal agreement creating the Kenton County Joint Code Enforcement Board: Mr. Kimmich said the interlocal agreement would create the enforcement board. The county attorney and area planning commission have addressed this issue a number of times with the court. Under section eight in the civil fine schedule, the schedule has been adjusted based on what was felt to be more reasonable fees to be charged and escalating the fees for people who have multiple offenses. In consultation with the county attorney, it is pretty clear that rather than go back to seven cities and try to alter the fee schedule, we should stick with the one that was in the original language that was $100 for failure to remedy a situation. If a person chooses to appeal and loses that appeal, the rate will be raised to $200. Some persons have argued this is unfair because they will be facing double jeopardy. In fact, the statute requires that the fee be different from a prepayable citation versus those who request hearings.
Mr. Edmondson said the other provision that some continue to be concerned with is the filling of the seats and the maintenance of them. Only one city has adopted the interlocal agreement so there is only one that has to be done over to be changed. The issue is the cities versus the unincorporated county areas and the statute provides that every jurisdiction that is a member of the joint board has to have a representative. The county would be represented because anybody that is in one of the seven cities is in the county. The cities could nominate two persons and the fiscal court could choose one person among the two. The statute also provides for two alternates and the alternates would be chosen by the court and they can vote from the unincorporated county area. This would be a very busy board and is a group of nine people who would be called when the meetings are scheduled to choose from among who is available. The two alternates from unincorporated Kenton County would be serving a good part of the time and not just be on the sidelines.
Mr. Kimmich said the board has to adopt bylaws and obviously area planning is going to have deal with getting a quorum at the board and sometimes this is difficult. The bylaws could be written in the situations where the violations are in unincorporated Kenton County, that the alternate shall be seated for those hearings so the people who are most familiar with the situation would be sitting in the hearing that would most affect them. Obviously, those in the city situations would already be there.
Judge Drees said he thought the court should go ahead and pass this so the board can get started and work out the kinks as time passes. Commissioner Koenig said he thought the fine was too weak and not strong enough. Mr. Edmondson said he agreed and Mr. Kimmich said it was $100 per day that the violation occurs. Mr. Edmondson said there could also be a provision that says that the fee schedule be set by separate ordinance and as time passes, only this part could be changed and not have to send it for the attorney general's approval again which would be a much better way of doing it.
Commissioner Black said there had been several concerns raised, the chief of which is how a jurisdiction named in this agreement that says all jurisdictions shall have representation, could a jurisdiction not have a representative on the board. Why would some of the citizens in the unincorporated part of the county which would see some of the activity not have a regular voting member on this board? It says there are eight members but seven get represented, but yet at the same time, the wording says all jurisdictions get a representative. If Latonia Lakes dissolves in December and we will have their seat and representation, she said she would be willing to vote in favor of this because the one stop shop is a great idea. We are all citizens of the same county but there are different issues in different cities than there are in the Southern end of the county. I will support this if we get Latonia Lakes seat, but if this does not happen I will not support it because we need representation. She asked if this could be put in and Mr. Kimmich said this was already in. The problem we run into with the seven cities is the statutory situation.
Judge Drees said he thought this should be given a try and there will be changes that have to be made. Mr. Edmondson said some of the reasons the cities want to join this is because they cannot get people to serve and there is a good chance they cannot find two people who would be willing to serve. This is one of the biggest reasons they have not formed their own board.
Judge Drees said this has been ongoing for six to eight months and it is very easy to change if the need arises. Commissioner Koenig said he agreed that we need to get this going and the fee schedule had been changed. Commissioner Black asked if it was possible to submit more than two names and let the cities that can submit them. Commissioner Koenig asked if these changes could be made and this voted on at a future meeting. Mr. Edmondson said he could work on the language and e-mail it to the court. Commissioner Koenig said he would feel better doing this in two weeks.
Commissioner Humpert made the motion to table the handout until the next meeting; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Executive Orders
Executive Order No. 06-77
Reappointment of Lois Schultz to the Kenton County Public Library Board of Trustees for a four-year term, expiring September 15, 2010: Commissioner Humpert made the motion; seconded by Commissioner Black and the motion unanimously passed with an aye vote.
Executive Order No. 06-78
Reappointment of James Horner to the Kenton County Public Library Board of Trustees for a four-year term, expiring September 15, 2010: Commissioner Koenig made the motion for passage with a second from Commissioner Humpert. The motion unanimously passed 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.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing else to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: There is a member of the first Kenton County's Government Academy present in the court and others will be coming from time to time to see the court in action. There is a waiting list for this class and we will have another one next year.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-The Diva Day was held by the Humanitarian League and it was a huge success. The final numbers are not in as far as the amount that was raised but approximately $60,000 was raised at this event. She said she wished to thank Jan Malley and the team that did such a phenomenal job. There was a good turnout and the issue of the adoption center was in the forefront. She will report at the next meeting the total amount of funds that were raised. Additional requests have been received from several individuals who have bequeathed approximately $20,000 each in the form of either their will or in their estate. As the adoption center is built or other areas that are being thought of, an area can be dedicated to a loved one to be remembered or other ways a citizen would like to be recognized. If someone wants to talk to us about this, you can call the office, 392-1400, or get in touch with Commissioner Black. It is hoped another $150,000 can be raised before it is time to build. We should be building within the next two years and this is a project that needs to be done.
Once again, there is a problem of people bringing animals into the shelter during the night and dropping them off. There was a dog that was brought in at night and the dog escaped the next morning and was killed and employees face these kind of challenges on a daily basis. There is no one at the shelter before eight or nine in the morning and there needs to be a solution to this problem.
Commissioner Humpert said he did not think a gate would work because the animal would be put in front of it and asked why the camera did not work. Commissioner Black said she thought more cameras were needed. Judge Drees said maybe the people are trying to take care of the animals by bringing them in and this was one less animal the county did not have to pick up.
Mr. Dorsey came forward to say that the county has 24-hour response for animal emergencies through a contract with all of the cities in the county except Covington. The kennel has regular hours during the day and when they go home there is nobody at the shelter. If someone brings an animal they just set it over the fence and leave it. There is no control over this because there is no one at the shelter to receive the animals.
Commissioner Humpert asks what happens if an animal control officer picks up a dog during the night and Mr. Dorsey said they have keys to the shelter. Mr. Dorsey said the county is not the only one with this problem and every animal shelter has it and that people bring animals to the shelter just to get rid of them.
Mr. Kimmich said that if the county puts up cameras people will set the animals down outside of the cameras' range. Would it make sense to get a block of kennels to be used when animals are brought in such as the one they now have on wheels to put outside, so if anyone wants to bring their animal in when no one is there, they can put it in and lock the animal in the kennel? When the workers arrive the next morning, they can see that an animal is there without the animal jumping out and taking off. Wouldn't this be an after hour drop off and a cost effective way of solving this problem?
Judge Drees said he thought it would benefit society by letting people bring these animals to the shelter. Provisions should be made to somehow take care of this problem. Mr. Dorsey said this was a good idea and he needed to speak with Mr. Evans before a decision is made and he will report back. If cameras are put up, there will have to be legislation to make it illegal to drop an animal at the shelter in this manner.
Judge Drees asked Mr. Dorsey to report back at the next meeting.
COMMISSIONER DAN HUMPERT-Nothing to report.
COMMISSIONER ADAM KOENIG-Nothing further to report.
Judge-Executive's Report
There is a possibility of some options on some land and appraisal reports will be forthcoming to show the appraisal price versus what the people want for the land.
Mr. Kimmich said the county has applied to the planning commission for a zone change that will say the fiscal court has adopted the same zoning that was in place prior to this. Judge Drees said he would like to see this.
Judge Drees said the contract with Cincinnati Bell should be moved forward and taken care of as one way to raise a few dollars because the income would be needed for the new jail.
Executive Session
There was no executive session called.
Adjournment
There being no further business to come before the court, Commissioner Black made the motion to adjourn; seconded by Commissioner Koenig. The court was adjourned with the unanimous vote of aye.
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Ralph A. Drees
County Judge Executive
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Fiscal Court Clerk
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