KENTON COUNTY FISCAL COURT

M I N U T E S

SEPTEMBER 12, 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; Public Safety Director Bill Dorsey; Police Chief Ed Butler; County Engineer Charlie Meyers; Special Projects Manager Ralph Bailey; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

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

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated August 22, 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 to come before the court.

General Business

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

Resolutions

Resolution No. 06-20

Resolution adopting and approving the execution of a county road aid discretionary fund agreement between Kenton County and the Commonwealth of Kentucky Transportation Cabinet to perform bituminous resurfacing on various county roads:  Deputy Judge Kimmich said the amount of the grant is $380,000 listing 16 roads where this money will be applied.  These are road bond funds and not taken from the debt service incurred by the Commonwealth and do not reduce our other allocation from the Commonwealth.

Commissioner Humpert asked for Mr. Kimmich to read the list of roads as follows:  St. Marys, Goshorn, Feiser, Rector, Lower St. Johns, Elliott, Lambsferry, Symbo Lane, Stephenson, Old Lexington Pike, Porter, Trace Run, Wehrman, Sandback, Harrisburg, and Bramlage.  Mr. Kimmich said work would be done on each of these roads and will not be a complete project for the roads.

Commissioner Humper moved for passage of the resolution; seconded by Commissioner Black.  The motion unanimously passed upon roll call.

Resolution No. 06-21

Request for approval of individualized compensation increases commensurate with employees' base annual compensation to help pay for the benefits health plan:  Mr. Kimmich said when the county health plan was adopted, the consensus was that an adjustment would be made for employees at the lowest wage to give a bit of a boost so as not to create too much of a burden the first year of their participation.  This plan has been put into place and everyone with a salary up to $51,417 got a percentage, with the lowest salary getting the largest.

Commissioner Humpert asked if this would be divided over the number of remaining pay periods for the year.  Judge Drees said yes that this would go on their base pay.  Commissioner Black asked if a time period was set for this and Judge Drees said this is a one time deal.  Commissioner Koenig said it should be made clear that this does not include the commissioners.  Judge Drees said the first check to the employee with this increase will be next week along with a letter explaining what was done to reach the increase.

Commissioner Black made the motion for approval followed with a second from Commissioner Koenig.  The motion unanimously passed following roll call.

Ordinances

Ordinance No. 225.44

Second reading and public hearing relating to the levy and adoption of tax rates on real property and personal property to provide such revenue as has been budgeted and approve the expenditure in the current fiscal year for the Kenton County Fiscal Court, Kenton County Board of Health and the Kenton County Cooperative Extension District:  Mr. Kimmich said pursuant to Kentucky law, a public hearing should be open at this time and advise on the record that no comments either verbally or in writing have been received in the Judge's office and to reflect that no one in the audience of the court wished to address the issue; thus, the hearing was closed.

There being no additional comments, Judge Drees asked for a motion for approval.  Commissioner Humpert made the motion; seconded by Commissioner Black.  Upon roll call, the following votes were made:  Commissioner Koenig, no; Commissioner Humpert, yes; Commissioner Black, yes; and Judge Drees, yes.  The motion passed with the vote of three to one.

Ordinance No. 924.31

Second reading to amend the Kenton County zoning ordinance adding child day care facility to the list of permitted uses within the rural commercial zone:  Judge Drees asked if this proposal came from Erlanger and Mr. Kimmich said that it came from the fiscal court.

Commissioner Black moved for approval with a second from Commissioner Koenig and the motion unanimously passed upon roll call.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  Mr. Frye said there was one adjustment to the claims list and that is the record should reflect on page 23 there is a payment to St. Elizabeth Medical Center for a Developing Options for Violent Emergencies (DOVE) program.  The budget reflects an amount in the HMR funds of $15,600.  A budget adjustment will be done to reflect the changing of this to $20,000 which has already been made.

Commissioner Black said the same program, Sexual Assault Nurse Examiner (SANE)
program, was begun with the help of the police and their support with nurses from St. Elizabeth Hospital.  This fiscal court helped to provide funding for a colposcope to be used in examinations for sexual assaults in rape cases.  This new program is developed for cases of domestic violence.  There are RN's who are trained to not only do examinations on domestic violence victims, but they also receive training to testify in court as expert witnesses.  They are also training other nurses in the tri-state area to do these exams.  The court agreed about three years ago to provide startup funding of $20,000 for two years and this is the final installment of our participation in startup funds.  The good news is that this group of nurses are now traveling to other places in Kentucky and are doing their own training so experts no longer have to be paid to come in and do the training.  They are also getting reimbursed for cases in Boone and Campbell Counties for these exams and they are looking for other avenues of funding.  This is a special program and we can be proud that Northern Kentucky is on the cutting edge and she thanked the court for their support.

Mr. Frye said he would bring a formal written budget adjustment next week recognizing what has been said today.

Judge Drees said that since there were no further questions or comments, warrants will be issued and the bills will be paid.

Administrative Actions

Handout No. 06-50

Request permission to cancel an agreement with Gentiva and authorize Judge Executive Ralph A. Drees to sign an agreement with Visiting Angels to provide homemaker/personal care services to senior citizens, Ivan Frye reporting:  Mr. Frye said that Gentiva was going out of the business of rendering this service and another vendor had to be found.

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

Handout No. 06-51

Request permission to reject all bids for lubricants and go out for rebid, Ivan Frye reporting:  Mr. Frye said only one bid was received which was not acceptable because it does not guarantee a firm price.  The problem is that with lubricants or anything with a petroleum base is in a very fluctuating market.  The office will redesign the specifications and will have something in it that based upon market conditions, if there is a change in the cost of their products, they can request permission of the fiscal court to adjust their price and document to the court as to the change.  There were three other companies that would have bid if they could have given a firm price.

Judge Drees asked what the amount for lubricants was per year and Mr. Frye said approximately $20,000 for oil, antifreeze, brake fluids, etc.

Mr. Kimmich asked Mr. Edmondson that as long as the county stays below the $20,000 with any one vendor, could the county make the determination not to bid and authorize the Department of Public Works or Fleet Management and the Treasurer's Office to go with the lowest available price on a monthly or quarterly basis as long as it does exceed the $20,000 mark, given the volatility of the market.  Mr. Edmondson said no because the law is that over the period it is anticipated the increment purchases exceed $20,000, it has to be bid.  Mr. Frye said that it would not exceed $20,000.  Mr. Edmondson said there can be negotiation if it is expected not to exceed $20,000.

Mr. Frye said that in the procedure quotes are taken for items that exceed $5,000, so quotes could be taken when there is a purchase.  This would be a lot better for the county because we would be in line with the stock market.

Judge Drees asked for a motion that this bid be rejected and the county take a quote anytime this purchase is made so the county can go with the lowest bid.  Commissioner Koenig made the motion with a second from Commissioner Black and the motion unanimously passed with the vote of aye.

Handout No. 06-52

Request permission to extend the contract for facilities management services at the Kenton County Justice Center and parking garage for one year with Meridian Management Corporation, Ivan Frye reporting:  This is a recurring contract that was bid for four years which is in the third year.  There is a $900 increase which is well within the cost of living.  They asked for more but Mr. Bailey negotiated the price back down.  They perform all of the maintenance in the Justice Center and do some isolated maintenance in the garage. 

Mr. Kimmich said they asked for a four percent raise and Mr. Bailey negotiated it back down to 2.9 percent.  Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Handout No. 06-53

Award bid to Blau HVAC for renovation at Rosedale Manor in an amount not to exceed $685,100 and authorize Judge Executive Ralph Drees to execute all necessary documents:  Mr. Frye said two bids were received to do the work and Blau was the low bidder at $747,100.  One item was removed from the bid of the placement of insulation on the piping, and this will be done separately.  This brought the bid down to $685,100.  This will be done by purchase order because their bid will be incorporated and all specifications therein to proceed at Rosedale Manor.

Commissioner Humpert made the motion for approval; seconded by Commissioner Koenig.  The motion unanimously passed with a roll call vote.

Executive Orders

Executive Order No. 06-69

Appointment of George Sparks to the Kenton County Parks and Recreation Commission to serve the unexpired term of Joe Luebbers, expiration date of February 1, 2008:  Commissioner Koenig moved for approval with a second from Commissioner Humpert.  The motion unanimously passed with the vote of aye.

Executive Order 06-70

Appointment of Melissa J. Pryor-Reed to the Northern Kentucky Area Development District Council on Aging to serve the unexpired term of Adam Davey, expiration date of February 1, 2007:  Commissioner Humpert said this was for a short term and asked if she would be reappointed to the council.  Judge Drees said he would rather not answer this at the moment and that Adam Davey resigned because he did not have time to perform the duties of the council. He said she would probably be reappointed but he wanted to keep the options open.  Commissioner Black made the motion for approval followed by a second from Commissioner Koenig and the motion unanimously passed with the aye vote.

Executive Order No. 06-71

Rappointment of Eileen Wendt to the Northern Kentucky Area Development District Board of Directors for a three-year term, expiring September 21, 2009:  Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-64

Resignation of Cheryl Peterson as part-time at the animal shelter, effective January 20, 2006:  Commissioner Koenig made the motion for approval followed with a second from Commissioner Humpert and the motion unanimously passed with the aye vote.

Executive Order No. 06-65

Resignations of Vickie Schulte, effective August 27, 2006, as part-time; Justin Kinman, effective August 4, 2006; Eric Mauer, effective July 14, 2006; and Kevin Kreft, effective August 3, 2006, as seasonal maintenance workers for the golf courses:  Commissioner Black moved for approval of the order with a second from Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-66

Employment of James Hagan as part-time maintenance for the golf courses, effective date of September 5, 2006:  Commissioner Humpert made the motion for approval; seconded by Commissioner Black.  The motion unanimously passed with the aye vote.

Executive Order No. 06-67

Employment of Sarah Marksberry as a tax clerk in the Kenton County Treasurer's Office, effective September 5, 2006:  Commissioner Koenig made the motion for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-68

Appointment of Holly Hill to the position of acting purchasing manager in the Kenton County Treasurer's Office, effective September 5, 2006:  Commissioner Black made the motion to approve; seconded by Commissioner Humpert.

Judge Drees asked Mr. Frye if Ms. Hill was moved from the position she had held and Mr. Frye said she had worked for nine years as the purchasing clerk.  It is believed that Ms. Hill can adequately perform the duties of manager so it is recommended that she be promoted to the base level of the purchasing manager.

Commissioner Humpert asked why the word acting was included and Mr. Frye said this was for evaluation purposes, and that he expected to come back to the court in 90 days to recommend that this position be permanent.

The motion unanimously passed with the vote of aye.

Executive Order No. 06-72

Appointment of William Dorsey to the position of Major in the Kenton County Police Department:  Mr. Kimmich said the administration has determined that it is appropriate that the homeland security emergency management staff have sworn police powers, because there are situations where they have responsibilities that require them to make decisions in the field that create harm for them or others if they do not have these powers.  Having made that determination, it was felt that because Colonel Dorsey is "pops" certified it would not be in violation of county ordinances to be a member of the police department.  The rank of major is hereby created in the police department and Colonel Dorsey will be placed in the position of major for the purpose of giving him sworn status.  If he is involved in a situation out in the community, he does have sworn status and has the ability to make arrests.  Both his assistant and he will have sworn status, as the assistant was sworn as a special deputy in the sheriff's office.

Commissioner Black asked if Colonel Dorsey could have police powers without being a major.  Mr. Kimmich said he could not have police powers without being part of a police agency.  The police merit board policy says that anyone below the rank of captain within the county police department has the authority to be moved back into the rank for which they last tested.  There is a colonel in the police department and it is anticipated at some point in the future there will be an assistant chief; therefore, the only rank that wasn't being utilized was the rank of major.

Commissioner Black made the motion for approval; seconded by Commissioner Koenig and 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 to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Absent.

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

Commissioners' Reports

COMMISSIONER BARBARA BLACK-Nothing to report.

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER ADAM KOENIG-Nothing to report.

Judge-Executive's Report

Judge Drees introduced Resolution No. 06-22-A, a resolution of the Kenton County Fiscal Court authorizing and directing that Joseph Shriver shall be designated to serve as the records custodian.  Brandon Voelker is the current custodian and since there exists a potential for perceived allegations of conflicts of interest in the event questions are raised concerning the county attorney's office, it is thought the county should name Joe Shriver to fill this position.  Judge Drees asked for a motion to name Joe Shriver as the new one.

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

Executive Session

There was no executive session called.

Adjournment

There being no further business to come before the court, Commissioner Humpert made the motion to adjourn with a second from Commissioner Black.  The court was adjourned with the unanimous vote of aye.