KENTON COUNTY FISCAL COURT

OCTOBER 26, 2004

MINUTES

The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse at 7:00 p.m.  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; Finance Officer Brenda Spare; Emergency Management Director Ed Burk; Police Chief Bill Dorsey; Fleet Management Director Mike McKenney; Public Works Director Joe Murphy; Assistant County Attorney Brandon Voelker; Court Reporter Cathy Johnston; and Guests.

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

Approval of Minutes

Judge Drees asked for approval of the minutes for October 12, 2004.  Commissioner Koenig said he had one correction for the minutes on page five regarding his comments on the interest of opening an animal fat refining plant in Kenton County for the purpose of developing bio-diesel fuel.  He said that he wanted to add that the suggestion was to study this issue and was not an endorsement of any type.

Commissioner Humpert said there were corrections that he had given to the court reporter before the meeting.  Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig.  The motion unanimously carried.

Delegations

Kenton County Conservation District's annual report and annual financial report, Chairman John Heist reporting:  A copy of the reports was in the packet for the court's review.  Mr. Heist said that Sherry Carran and Peggy Kelly had accompanied him and would be available to answer questions.  A report had also been given to the court on Doe Run Lake that explains what the conservation district's role is and how the monies are appropriated.  He also asked if there were any questions on the reports.  There being no questions, Judge Drees thanked Mr. Heist for his report.

Resolutions

There were not any resolutions presented to the court.

Ordinances

Ordinance No. 1020.3-Second reading prohibiting electioneering within 200 feet of the front door of a polling place:  Commissioner Koenig moved for approval of the ordinance; seconded by Commissioner Black.

Mr. Kimmich said the ordinance had been duly advertised and no verbal or written comments had been received in the office of the Kenton County Judge-Executive.

Approval was unanimous upon roll call.

Consent Agenda

A.                  OPERATIONS

Claims List-There were no questions regarding the claims list, so warrants will be issued and all claims paid.

Administrative Actions:

Handout No. 04-69-Award bid to D. L. Bruaghler Company to install a cast iron sluice gate on the water intake structure at Doe Run Lake:  Mr. Kimmich said this is basically a trap door that allows the inflow of water into the lake.  The gate has been malfunctioning as part of the storm water management agreement with the sanitation district.  They will be paying part of the replacement cost of the gate at a price of $27,675.  The Director of Public Works has been working on this for about eight months, and if there are any questions, he will be able to answer them.

Judge Drees said the bids were so far apart they are hard to believe.  Mr. Kimmich said both bids were below the projected estimate when the county filed for an application with the sanitation district.

Commissioner Black asked if the county had been working with the sanitation district to get the job done.  Mr. Kimmich said the sanitation district, through the storm water management fees they collect, has established a grant program to assist units of government in dealing with floodwater management issues.  Replacement of this gate to prevent flooding is one of the issues they found worthy of awarding a grant to assist in paying the $27,675.

Commissioner Black asked if the grant had been awarded and the amount.  Mr. Kimmich said no it had not been awarded.  Commissioner Black asked if this was a gate that opens and closes based on the level of water in the lake and the amount of rain.  Mr. Murphy answered the gate is opened during the winter months and was now broken.  The Department of Public Works had to go out and put a temporary door on the gate to hold the water in the lake during the past summer.  Mr. Murphy said during the winter months the level of the lake is lowered in order to clean it and in the spring the gate is closed to raise the level of the lake.

Ms. Carran said the report that was handed out on Doe Run Lake gives some statistics on the dam.  It was originally built as a flood control structure and the gate has to work in order to control the floodwaters.  The dates are listed as to when the gate has to be opened and closed and was part of the design of the actual Doe Run Lake and the dam back in the early 1970's.  Ms. Carran also said that the gate had been damaged by some fishermen who had thrown dynamite too close to the gate to bring the fish to the top which is an illegal thing to do.  This does not happen so much any more because there is a neighbor close by who IS watching this a little more closely and this problem will probably not occur again.

Commissioner Black made the motion to approve the purchase; seconded by Commissioner Humpert.  The motion was unanimously approved following roll call.

Handout No. 04-70-Authorize the County Judge to execute an agreement between Duane Rolfsen and the county:  Mr. Kimmich said the Northern Kentucky Drug Strike Force made the decision about three years ago to employ an evidence custodian and intelligence analyst who actually participates in the raids and the collection of evidence to prosecute cases.  When the position was created it was not a sworn police officer position and everyone agrees this position should be sworn.  Mr. Rolfsen will be employed by the fiscal court under contract serving in the county police department detailed to the drug strike force.  If the drug strike force ever found itself in a situation where it would be unable to pay his salary or benefits, his service will be terminated at no cost to the fiscal court.  He is a retired Kenton County police officer and does maintain certification.

Commissioner Humpert moved for approval of the authorization with Commissioner Koenig's second.  The motion was unanimously approved following roll call.

B.         EXECUTIVE ORDERS

Executive Order No. 04-99-Resignation of Jordan Lorenzen as seasonal maintenance in the Public Works Department:  Commissioner Black moved for approval; seconded by Commissioner Koenig.  The motion unanimously passed with a vote of aye.

Executive Order No. 04-100-Termination of George Davis and John Clark as seasonal maintenance for Parks & Community Services Department:  Commissioner Koenig made the motion with Commissioner Black's second.  The motion unanimously passed with a vote of aye.

Executive Order No. 04-101-Appointment of Jessica Work as part-time technician for the Kenton County Animal Shelter:  Commissioner Humpert moved for approval; seconded by Commissioner Black.  The motion unanimously carried with a vote of aye.

Citizens Address

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

Administrative Reporting

County Attorney's Report-Mr. Edmondson said the sexually oriented business ordinance was passed and a lawsuit has been filed by five of the six currently operating facilities in Covington.  One of the claims made concerns the issue that because the ordinance is in effect for them on November 1, Covington does not end until December 31, they would in effect be paying for two licenses.  Having reviewed this in the office with staff, it was decided that perhaps this was a valid point and it is recommended that the effective date should be when the current licensees would have to file their application for the license for the county should begin January 1, so there would not be an overlap.  It would still be in effect for any new operations that may come in and the new date would only impact current existing ones.  It is recommended that the court adopt this ordinance.

Commissioner Humpert asked if this was the first reading of this ordinance.  Attorney Edmondson answered yes.  He said that he looked at the definition of emergency and this does not rise to the level of emergency, so we should have two readings.  The Judge could be asked that by executive order to order the license inspector not take any action because of the failure of the businesses to make a timely application which would stop any problems.

Commissioner Black made the motion to change the date of effectiveness from October 30 to January 1, 2005.  Commissioner Humpert seconded the motion; unanimously approved following roll call vote.

Deputy Judge Kimmich said the second reading would be held on November 9, and at that time the court can also ratify the Judge's executive order.  He is commanded by law to bring the orders to the next meeting for ratification.

Commissioners' Reports

Commissioner Barbara Black-Serving on the National Advisory Board on Domestic Violence Against Women and working with a group of nurses that have instituted the same type or program called the Sexual Assault Nurse Examiners (SANE) program through St. Elizabeth North and South Medical Centers.  They have started a pilot project called the Domestic Violence Nurse Examiner (DVNE) program that will implement forensic nurses in cases of domestic violence.  There will now be training for nurses to apply the principles of forensic and will also teach them how to apply the principles of forensic into domestic violence cases that will assist law enforcement in the future prosecution of these cases.  This will be the only area in the state of Kentucky that will be trained to provide this type of forensic nursing.  This is not something that is taught in nursing schools and we are very privileged in Northern Kentucky to have a group of nurses that are trained and can provide these services.

Commissioner Dan Humpert-Questioned whether the Judge set by executive order the Halloween treat-or-treat hours?  Deputy Judge Kimmich said the hours usually follow those that have been set by the cities, but we can go ahead and issue that order.

Commissioner Humpert said he was at the Kenton Paw Park on Sunday for the Halloween costume contest for the dogs.  There were 88 dogs that participated and this group is a fund raising machine that raised over $500.00 as part of their contest.

Also, he advised that the "Park and Ride" sign had been put up and whoever did the instigation of these signs are to be congratulated on a good job.

Commissioner Adam Koenig-As the Kenton County representative to the Telecommunications Board, everyone should be brought up to speed on of the issue of public access television.  There are five cities that do not participate on the board.  Five years after the initiation of the new contract in which the cable board started providing access programming, those cities that were not part of the cable board were supposed to be isolated because they are getting this programming for which they are not paying.  It is hoped that the five cities will join the board so they will not lose access to this service and everything has been tried to get these cities into the fold and it did not work.  The cable company was asked to go ahead and begin the isolation process and they have chosen not to do that and will try to pass a sum of money in exchange for not isolating those member cities.  It is felt that this is a blatant disregard of the franchise and the reason for bringing this up is that there is probably going to be some legal action associated with this, and it is thought we should make everyone aware.  The five cities are Erlanger, Crescent Springs, Florence, Union and Walton.  In the past when litigation was done, it did not go well with some of the other cities.  Anyone can be brought up to speed after the meeting if they want more details.

Judge-Executive's Report-The court will go into executive session per KRS 61.810 in regard to the acquisition of property.

Commissioner Humpert made the motion to go into executive session; seconded by Commissioner Black.  The motion passed with the unanimous vote of aye.

Commissioner Black made the motion to come out of executive session; seconded by Commissioner Humpert.

A motion was made by Commissioner Black to authorize County Judge Executive Ralph Drees to enter into a sales purchase agreement with the Kenton County Board of Health for the transfer of ownership of the building located at 501 East Main Street at the purchase price of $1.5 million contingent upon the ability of the Board of Health to secure appropriate financing.

Deputy Judge Executive Scott Kimmich advised that County Attorney Garry Edmondson has informed both he and Kenton County Commissioner Dan Humpert that inasmuch as his brother is a tenant in the building, and that the contract does not impact the lease agreement by and between Kenton County and Humpert, Wolnitzek Architects, Inc., there is no conflict in the Commissioner's participation in the discussion and/or sale of said property.  Mr. Edmondson confirmed his ruling to the court.

Commissioner Humpert seconded Commissioner Black's motion to sell the aforementioned property.  Upon a roll call vote, Commissioner Black voted aye, Commissioner Humpert voted aye, Commissioner Koenig voted no, and Judge Drees voted aye.  Judge Drees declared the motion passed.

Adjournment

Commissioner Koenig made the motion to adjourn; seconded by Commissioner Black.  The meeting adjourned with the unanimous vote of aye.