KENTON COUNTY FISCAL COURT
M I N U T E S
SEPTEMBER 13, 2005, 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; Emergency Management Director Ed Burk; Police Chief Bill Dorsey; County Engineer Charles Meyer; Public Works Director Joe Murphy; Chief Deputy of Administration Rodney Ballard; Assistant County Attorney Stacey Hege; Special Projects Manager Ralph Bailey; Assistant County Attorney Brandon Voelker; Court Reporter Cathy Johnston; and Guests.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Dan Humpert.
Approval of Minutes
Judge Drees asked for approval of the minutes for the last meeting. Commissioner Humpert moved for approval with changes previously given to the clerk with a second from Commissioner Koenig. The minutes were unanimously approved with the vote of aye.
Delegations
Recovery Kentucky discussion: Judge Drees said a public hearing had been held and the court members had received a written copy of the comments made at the hearing. He said that he personally felt this was something that was necessary and that the center on the street where it will be located will also be an improvement.
Judge Drees entertained the motion for approval. The motion was made by Commissioner Humpert; seconded by Commissioner Black. Commissioner Koenig asked what the court was moving to approve and Judge Drees said that it was to approve the site. Deputy Judge Kimmich said that at the time an application was filed, it was to use the property on Rosedale as the preferred site by Transitions, Inc. The decision would now rest with the Covington city commission as to whether they concur with the action of the court to allow the Recovery Center to be built on the Donaldson Avenue property. Covington's failure to act in the affirmative to either allow it to be built with their support or to transfer the property to the county and allow it to be moved as a county project, would result in Transitions having to make the decision whether to go back to the Rosedale property or to abandon both sites and seek another opportunity to move this project along. Basically, this action will say the county has approved either of the two sites as appropriate through the public hearing process, and the decision would rest with Transitions and the city of Covington as to which of the two sites would be used.
Judge Drees said he hoped that the Covington mayor and city commission would come forward and show leadership and approve the site. He said it was his understanding that the city does not like all of the centers in Covington, but this should not be given up and it should move forward to completion. Commissioner Koenig said he agreed but unfortunately, we have been down this road before with Covington on several sites pertaining to the jail and his inclination was to not support it. But after thinking more about it, as long as we are not abandoning the current application and as long as we are merely expressing a willingness to approve and leaving it in the lap of Covington, he was willing to go along with it. He said he would feel better if the motion directly states this and not just a general motion to approve. Commissioner Koenig said he would like to amend the motion to show the court is not going to abandon the current application but that if Covington is willing to sign on to the Donaldson Avenue property, the court is willing to do the same. Commissioner Black said she would amend the second of the motion to go along with the amendment. The motion unanimously passed as amended with a roll call vote.
Farm land study presented by Kenton County Conservation District, Lorna Harrell and Larisa Keith: Ms. Harrell said a farm land and agricultural task force was formed in 2003 to determine what the future was for farm land and farming in Kenton County. Funding support for the study came from a number of entities including the Kentucky PACE program, the smart growth coalition through the Greater Cincinnati foundation, and many partners who financially contributed. There was help from the American Farm Land Trust that is based in Washington, D.C. The Kenton County Conservation District was the lead agency, the fiscal court, the parks department, extension, area planning and the Kenton Conservancy all participated and were represented in the group. There were three project components consisting of a citizens' survey, an agricultural industry profile and a cost of community services. Surveys were mailed to 900 owners of five acres or more in Kenton County and a 30 percent response was received. Kenton County has less land used for farming than the adjoining counties and the average agriculture product sales per farm are not keeping up with inflation, and it is becoming harder for people to continue to be farmers. Agriculture comprises approximately 3.4 percent of the local economy.
Ms. Keith said the cost of community services study was another element that was completed by the American Farm Land Trust consultants that showed current revenues and expenditures on a land use basis measured by the demand for services. It evaluates farms and open land equally with residential, commercial and industrial land uses and it is a tool to help public officials and citizens make informed land use and policy decisions. For every dollar contributed to the revenue of the county for residential it is costing the county $1.19, for commercial and industrial it is 19 cents, and for farm land it is 51 cents. On the national scale for residential we are on the average, for commercial and industrial it is 28 cents and the county's is much lower because of the reliance on the occupational license fees, and on farm land the average is 36 cents and the county's is higher because of the lower assessed value on farm land compared to other land uses. The summary findings show that even though farm land absolute contribution is small, given its positive net fiscal impact and the market and non-market attributes it provides, farm land in Kenton County should be dually considered in the planning process.
The maps shown allows the Conservation District to prioritize areas based on ecological or natural features based on where they are in the county and what kind of development pressure they may be having or not having and the size. Keeping farmers on the land will be as important to the future of Kenton County agriculture as keeping the land available for them to farm.
Deputy Judge Kimmich said when the cost of services study was done and it is said that it cost $1.19 for residential versus 51 cents for business, is this ratio applying only to property value or is occupational license fees collected also taken into consideration. Ms. Keith answered that it was her understanding that all of it was done including local fees that were taken into the process.
Commissioner Koenig said this was probably the last time Ms. Keith would appear before the fiscal court since she was going to OKI to work and that he was sorry to see her leaving. The court congratulated her and said that it was good she would still be in the area.
General Business
There was not any general business to come before the court.
Resolutions
Resolution No. 05-22
Resolution to approve the recommendation of the County Judge Executive to reject a proposal from Community Education Centers, Inc. and authorize the administration to negotiate a contract for a reduced level of services with Talbert House, Inc., Scott Kimmich reporting: Kenton County sought proposals to develop a mental health rehabilitation program for the detention center based on the seventh floor of our current facility. In evaluating the proposals that were received from Community Education Centers, Inc. and Talbert House, it was determined that Talbert House did have the best proposal. It was also determined that based on the cost of the overall project including construction that would need to take place on that floor, it was beyond our scope of financial capacity. The court is being asked to accept the proposal of Talbert House authorizing the administration to negotiate to see if the services can be more narrowly defined to match the state grant funds that have been awarded. If not, the county will have to come back to the court and either rebid the project or return the state grant funds in the amount of $67,766.00.
Commissioner Black asked if the county would have to consider transporting people to another site. Mr. Kimmich said the county is looking to ask a service provider to come in and provide a scaled down level of the same life skills services to inmates currently housed in the facility, maybe using a training room that is available for use of the over flow of inmates during peak times, so this could be done within the confines of the facility. It may be that the county will move some of the inmates down to what used to be an old courtroom. These are logistics that will have to be worked out and we want to try to work them out before we lose access to the grant money.
Commissioner Humpert asked if this was a one-year contract and Mr. Kimmich said yes it is and that it is a pilot project. Commissioner Black asked where the grant money was coming from and Mr. Kimmich answered that it is coming from the Justice Cabinet. Commissioner Black asked if this was an indication that money that is owed will be forthcoming from the Department of Corrections. Deputy Judge Kimmich said he thought this was a commitment of the administration to try to focus on the needs of the people that are incarcerated. He also said that with the money coming in for the Recovery Kentucky program, this grant may not be continued in future years because they are channeling their efforts on a long-term basis to the Recovery Kentucky program rather than the small projects they have piloted across the state.
Ms. Karen Hargett said it was her understanding that this was a grant applied for on the Federal level. The Federal government helps to get the programs started and hopes that the state will continue them.
Mr. Kimmich said that it is hoped that in a few years when the Recovery Kentucky program is up and running, these types of services will be provided where people can develop life skills outside of the typical incarceration situation.
Judge Drees asked for a motion for the resolution. Commissioner Humpert made the motion followed by a second from Commissioner Koenig. The motion unanimously passed following a roll call vote.
Ordinances
Public hearing for property tax rate: Mr. Kimmich said no comments either in writing or verbally had been received in the Judge's office and the notice had been published in accordance with the statutes. No one in court wished to comment during the public hearing.
Commissioner Humpert made the motion to close the public hearing; seconded by Commissioner Koenig. The hearing was closed with the unanimous vote of aye.
Ordinance No. 225.42
Second reading of Kenton County property tax for 2005, Ivan Frye reporting: The recommendation for the rate is the one that is in keeping with the budget that has been adopted. The rate was raised one-tenth of one cent per $100.00 valuation.
Commissioner Koenig moved for approval with a second from Commissioner Humpert. The rate unanimously passed following a roll call vote.
Deputy Judge Kimmich said there was another ordinance to be voted on that was published for second reading but not placed on the agenda that establishes the health tax rate that will remain the same as last year. This ordinance was approved on the first reading.
Ordinance No. 225.41
Second reading to recommend the adoption to the 2005 health tax rates: Judge Drees asked for a motion to approve the tax. Commissioner Black made the motion; seconded by Commissioner Humpert. The motion was unanimously approved upon roll call vote.
Ordinance No. 924.27
First reading amending the county's flood plain ordinance, Ed Burk reporting: This is basically an update of the flood plain ordinance the county has that is in compliance with statutes and regulations. It enables the county to keep flood insurance for those that need it in the flood plain.
County Attorney Edmondson asked about fencing for swimming pool areas. Commissioner Black asked about the safety issues for swimming pools and what was being used as the bases for changes. Mr. Edmondson said that he did not know but would get details before the second reading. He also said these changes were promulgated by the planning commission and is going out to all jurisdictions.
Judge Drees asked if the planning commission would be the enforcement agency and Mr. Edmondson said it would be the zoning administrator.
Mr. Kimmich said since this is a new process the minutes need to reflect that the first reading of the ordinance was by summary and title and it will be placed on the September 27 agenda for final passage.
Consent Agenda
CLAIMS LIST-County Treasurer Ivan Frye: Since there were not any questions, the claims list will stand and bills will be paid.
Administrative Actions
Handout No. 05-57
Accept bid by Apollo Oil LLC for lubricants, Ivan Frye reporting: This is an annual requirement to provide oil, lubricants, antifreeze, windshield washers, solvents, etc. Commissioner Black made the motion for passage with a second from Commissioner Koenig, and the motion unanimously passed following roll call.
Executive Orders
Executive Order No. 05-89
Appointment of Darin Schmidt to replace Trula Donahoo on the Northern Kentucky Area Development District Board of Directors for a three-year term, effective September 25, 2005: Commissioner Koenig asked for information on Darin Schmidt and Commissioner Humpert asked if Ms. Donahoo was stepping down. Judge Drees said the information on Mr. Schmidt was in his office and that Ms. Donahoo had been on the board for five terms, and he liked to see younger people involved in the county.
Commissioner Koenig made the motion for passage; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Executive Order No. 05-90
Appointments of Steve Megerle, Jr., Frank Henn, Jr., James Horner, Christie Arlinghaus, Terri Jameson and Natasha Cavanaugh as members of the Unified Kenton County Code Enforcement Board: Judge Drees said this is a new board being set up by the county through the area planning commission to regulate the areas where property is not being kept up to standard. Mr. Edmondson said this is part of the one-stop shop that was issued by the area planning commission. Many of the cities and the county have contracted with the planning commission through its code enforcement and building codes. The law also requires a board for the purposes of the building codes to be enforced.
Judge Drees said the cities that are involved are Lakeside, Ryland Heights, Taylor Mill, Crestview Hills, unincorporated Kenton County, Ft. Wright, Crescent Springs, Fairfield, Kenton Dale and Latonia Lakes. We would like for each city to have two members appointed to the board; one as an alternate and we need some new members.
Commissioner Black said most of the phone calls she received from citizens were about properties not being kept up to standard. One of the frustrations is trying to get a question addressed, answered and resolutions to the problems take so long. One way to get questions answered and quick resolutions to problems will be through this code enforcement board.
Commissioner Humpert asked if there was now a blight issue in Crestview Hills, how would it be taken care of. Mr. Edmondson said they would call the planning commission who would send someone out to do the investigation and work with them to resolve it.
Commissioner Koenig made the motion to approve with a second from Commissioner Black. The motion was unanimously passed following a roll call vote.
Executive Order No. 05-85
Employment of Sonja Rouse as seasonal maintenance employee at the golf courses, effective August 25, 2005: Commissioner Black moved for approval; seconded by Commissioner Koenig and the motion unanimously passed with a vote of aye.
Executive Order No. 05-86
Resignation of John Robinson as police officer for the Kenton County Police Department, effective September 16, 2005: Commissioner Koenig made the motion for approval; seconded by Commissioner Koenig. The motion unanimously passed with the aye vote.
Executive Order No. 05-87
Appointment of Brett Finnell as shop foreman for the Department of Fleet Management, effective September 13, 2005: Commissioner Humpert moved for approval with a second from Commissioner Black, and the motion unanimously passed with the vote of aye.
Executive Order No. 05-88
Appointment of Cynthia Scott as equipment operator for the Public Works Department, effective September 13, 2005: Commissioner Black made the motion for approval; seconded by Commissioner Koenig. The motion unanimously passed with the aye vote.
Citizens Address
There were not any citizens present to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: Announced the Kenton County fall cleanup campaign is on October 21, 22 and 23 from 8:00 a.m. – 6:00 p.m. There will be four stations for items to be dropped off at the Kenton County Public Works Department, DRT Construction on Nicholson Pike, Piner Fire Department on Brock-Piner Road, and the Visalia School on Visalia Road. Appliances and tires will be accepted only at the Public Works Department. Only four tires per vehicle will be accepted and no paint or chemicals will be accepted at these times because there will be no hazardous materials cleanup.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: The county has been in the process of reviewing jail policies. The state law requires that the fiscal court review these policies on an annual basis. The court has had two sets presented to them and it should now be in the position to adopt the first set. There will have to be a resolution before the court to approve these policies.
Commissioner Humpert said his problem was that there were so many different sets. There was a first set that has been amended and a second set that was e-mailed that has not been talked about. Mr. Edmondson said the first set that has been amended is the one being voted on. Mr. Kimmich said that initially the policies were drawn up by ordinance. Mr. Edmondson said the policies could be done and approved as sets and they could all be published by summary ordinance when finished. Commissioner Black asked if a consensus could be reached, that as members of the fiscal court, it is agreed that the first amended set of policies be accepted. Mr. Edmondson said a motion needs to be recorded that the first set of amended policies have been reviewed and accepted. Commissioner Koenig made the motion; seconded by Commissioner Humpert and was passed by the unanimous vote of aye.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Nothing further to report.
COMMISSIONER DAN HUMPERT-Nothing further to report.
COMMISSIONER ADAM KOENIG-Announced the senior picnic is on September 22 from 10:30 a.m. – 2:00 p.m.
Judge Drees said Patty Krohman had been doing a lot of hard work on the picnic and the seniors should have a good time. The charge will be $5.00. Commissioner Black asked what number should be called for reservations and Deputy Judge Kimmich said to call Patty at 392-1400.
Commissioner Koenig also said the cable board will have a hearing on noncompliance on September 29 at the cable board offices at 6:00 p.m.
Judge-Executive's Report-Asked Attorney Edmondson about the fire district public hearing. Mr. Edmondson said he had given the Judge a memo on it. The process has to be started by the board of trustees of the fire district who have to initiate the petitions and not the citizens. The city will have to determine to dissolve the fire district so the citizens will have to start with the city.
Executive Session
Discussion pursuant to KRS 61.810(c) regarding proposed or pending litigation: Judge Drees asked for a motion for an executive session that was made by Commissioner Humpert with a second from Commissioner Koenig. The motion unanimously passed with the vote of aye.
Commissioner Koenig made the motion to come back into the regular court session; seconded by Commissioner Black. The motion unanimously passed with the vote of aye.
Deputy Judge Kimmich said a motion was needed to authorize the payment not to exceed $6,350.00 for the transfer of right-of-way along KY 25 near the intersection of 14 and 16 as it relates to property and condemnation. This would settle the case and bring the project to closure.
Commissioner Humpert made the motion with a second from Commissioner Koenig. The motion unanimously passed with the vote of aye.
Adjournment
There being no further business to come before the court, Commissioner Black made the motion to adjourn; seconded by Commissioner Humpert. The court was adjourned with the unanimous vote of aye.
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Ralph A. Drees
Kenton County Judge Executive
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Fiscal Court Clerk
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