KENTON COUNTY FISCAL COURT
SEPTEMBER 14, 2004
MINUTES
The regular meeting of the Kenton County Fiscal Court was called to order at 9:00 a.m. at the courthouse in Independence on September 14, 2004. 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; Special Projects Manager Ralph Bailey; Assistant County Attorney Brandon Voelker; Animal Shelter Director Dan Evans; Public Works Director Joe Murphy; County Road Engineer Charlie Meyer; Deputy Jailer Rodney Ballard; Court Reporter Cathy Johnston; and Guests.
The invocation was given and the pledge of allegiance led by Commissioner Humpert.
Approval of Minutes
Judge Drees asked for approval of the minutes of August 24. Commissioner Black made the move for approval with Commissioner Koenig's second. The motion was unanimously approved with a vote of aye. Judge Drees then asked for approval of the special called meeting on September 8, 2004. Commissioner Koenig made the motion; seconded by Commissioner Black. The motion was passed with Commissioner Humpert abstaining.
Commissioner Koenig said the minutes of August 17 were also not approved. Commissioner Black said these were the minutes that had the run-on sentence that has been corrected so she had no other objections to the minutes being approved. Commissioner Humpert asked to have a few words with the Deputy Judge.
Following consultation, Deputy Judge Kimmich made the announcement that the minutes of August 17 were to be tabled and will be on the agenda for approval at the next regular meeting on September 28.
Delegations
Mr. John Toelke and Mr. Wayne Onkst were present and came forward to receive the proclamation for "Racing to Read Month" for the Kenton County Public Library. The proclamation was presented and read by Judge Drees.
Resolutions
RESOLUTION NO. 04-19-Promotion of a campaign entitled "Slow Down to Get Around" to educate drivers about the importance of using caution when passing stopped public or private vehicles to prevent injury to personnel that have to frequently exit their vehicles, Scott Kimmich reporting: This is a request made of the court from Rumpke who is working in conjunction with the highway departments in Kentucky and Ohio to adopt resolutions to encourage people to slow down in construction zones and other areas where vehicles frequently have to stop such as mail routes, picking up trash, etc. They are asking all governments in the states to join in this campaign.
Commissioner Humpert moved the resolution be adopted; seconded by Commissioner Black. The motion unanimously passed with the vote of aye.
RESOLUTION NO. 04-20-Authorize the filing of an application for funding from the Governor's Office of Local Development, Recreational Trails Program, Scott Kimmich reporting: This is a grant for Doe Run Lake in conjunction with the city of Erlanger. For this grant, there is a match that will be provided of $37,900 that will come from the parks budget. Approval is recommended so the Judge Executive can make the application for state funding.
Commissioner Koenig moved for approval with a second by Commissioner Humpert. The motion was unanimously approved following a vote of aye.
Ordinances
ORDINANCE NO. 225.39 (second reading)-Approve issuance of general obligation bonds for the purpose of refinancing existing debt of Kenton County related to the administration building jail bonds, Kenton County recreation bonds and Kenton County parking garage bonds, Ivan Frye reporting: There has been no change since the first reading and Mr. Cooper is present in case there are any questions or anything else that needs to be covered.
Deputy Judge Kimmich said he wished to state for the record that the ordinance was dually advertised in accordance with the law and applicable statutes and no comments were received in writing or verbally as a result.
Commissioner Koenig made the motion for approval; seconded by Commissioner Black. Judge Drees asked for any comments or questions. Mr. Bob Cooper, bond counsel, said when the court was first approached with the suggested structure of refinancing, market rates were low and continue to stay low. Supply has picked up and it is not seen as impacting what the projected rates are as of today, and we still plan to sell on September 30. The motion was unanimously approved upon roll call.
ORDINANCE NO. 924.22 (first reading)-Amend zoning of approximately .7 acre located at the Southwest corner of Kenton Station Road and Decoursey Pike from RC to A-1, Brandon Voelker reporting: There was an issue with a house that burned down and in trying to rebuild it, there was a problem of nonconforming use and the way to fix the problem and to comply with what was proposed was that the property be zoned to A-1. This has been through Kenton County Planning and Zoning and their recommendation was for approval.
Commissioner Black made the motion for approval; seconded by Commissioner Humpert. Deputy Judge Kimmich confirmed that the motion to approve the zone change also accepts the findings of facts and conditions as established by the Planning and Zoning Commission. Attorney Voelker answered in the affirmative. Upon roll call, the motion was unanimously approved.
Consent Agenda
CLAIMS LIST
Judge Drees asked for any comments or questions. Commissioner Black asked for an explanation of the invoices listed for the different departments from Cincinnati Bell on the claims list of August 8, 2004. Mr. Frye said the cost went up this year as a result of one-year of being in place and maintenance started, so we are now paying the service use of the line and the annual maintenance fee on a monthly basis. It is allocated to each department which accounts for the listings on the claims list and is an ongoing charge. There being no further questions, the warrants will be issued and the claims paid.
ADMINISTRATIVE ACTION
Mr. Frye said he would like to point out that the court had received the monthly report for the month of August and there are a number of ongoing projects. The bid for jail food is going out today and is being reviewed for corrections. The mowing bids are also being worked on and those will be ready to go in two weeks.
HANDOUT NO. 04-66-Authorization for County Judge Executive to enter into a contract with NorthKey Community Care for mental health services for the Kenton County Detention Center, Scott Kimmich reporting: In the court's packet is a revised copy of the contract prepared by the county attorney's office in the amount of $94,560 annually to be paid in monthly installments. This contract does provide for the employment of NorthKey of a 20-hour per week assessment case manager who will assist the inmates not only while they are there, but will also prepare for them to be able to continue care upon departure. The contract is recommended for final approval.
Commissioner Humpert asked if this was the final version of the contract. Attorney Edmondson answered yes and Mr. Kimmich said Mr. Edmondson had put in some final items that had to be in a public contract and it will go to NorthKey for their review. The Judge is being asked to enter into a contract based on the outlined terms and if there are any administrative changes that need to be made, they will be discussed with the county attorney before any final action would be taken. Mr. Edmondson said the terms would have to be evaluated in terms of what NorthKey is delivering and whether or not they are doing it. Mr. Kimmich said continuing treatment after leaving the detention center would be paid for out of other funds that NorthKey receives through the ADD and state and federal resources. Commissioner Humpert said he wanted to make sure there was not a double dipping of fees and wanted it to be clear as to who would be paying for what service.
Commissioner Humpert made the motion for approval with Commissioner Koenig's second. The motion unanimously passed upon roll call.
HANDOUT NO. 04-67-Authorization for the County Judge to enter into a contract with HealthPoint Family Care for medical services for the Kenton County Detention Center, Scott Kimmich reporting: Mr. Kimmich asked Attorney Edmondson if he had reviewed the contract and he answered yes that he had gone over it and he has no problem with it. This contract will provide medical services for the jail. The jailer is now operating on a day-to-day basis with the county corner who is also a medical doctor and is serving as the jail's physician as a courtesy to the jailer, and there is an immediate need to execute a contract and get it in place.
Mr. Edmondson stated that on his copy of the contract on page three where it says how much the county shall pay HealthPoint has been left blank. Mr. Kimmich said the provided contract is for both Campbell and Kenton Counties and they will establish the cost based on the inmates and we will have that cost before the Judge actually signs the contract. Mr. Shriver said the estimates of the joint contracts were $160,000 but based on the prorated ratio, it should be no more than a $20,000 increase which is what we had contracted with private vendors. The advantage with HealthPoint is that they are getting federal immunity from the U.S. Government because they are a federal agency and this will substantially cut down the liability. They have covered themselves by having a clause that in the event they do not have federal immunity, they will still have malpractice coverage in the amount of $500,000 per occurrence.
Commissioner Koenig made the motion to approve the contract; seconded by Commissioner Black. The motion unanimously passed upon roll call.
HANDOUT NO. 04-68-Authorization to purchase palm-based personnel accountability system using Fire-Trax equipment as the sole provider, Ed Burk reporting: This is the final part of the 2003 homeland security grant funding that the committee made the recommendation to purchase. This is basically 21st century technology that will account for every individual that shows up to work in an incident and is an expandable system. This is also what the fire departments want and they think it is something to help them in accountability. It will be particularly helpful in the event there is a WMD event or disaster in Kenton County and it will also help in getting reimbursement from FEMA and/or the Federal Government in the future.
Commissioner Humpert asked if this company was the only one to provide the requested service and Mr. Burk answered yes.
Deputy Judge Kimmich said for the record, that based on the presentations made by the homeland security director and our purchasing office, this is indeed the sole source to purchase the equipment and recommended approval to declare this as a sole source and also to adopt the purchase order.
Commissioner Koenig made the motion for approval of the sole source with a second by Commissioner Humpert. The motion passed with a unanimous vote of aye. Judge Drees then asked for a motion for the purchase of the accountability system equipment for $102,822. Commissioner Humpert made the motion; seconded by Commissioner Koenig. Commissioner Black said that in the memorandum from Mr. Burk, it was mentioned that the equipment to be purchased is in excess of the bid specification and asked what was meant by this. Mr. Burk said that initially when the proposal was put together with the committee it was $65,000 and when numbers were received from the company, it was $102,000. Commissioner Black asked if the funds were in the emergency management budget to cover the purchase and Mr. Burk answered in the affirmative.
Mr. Burk said he would like to thank Judge Drees and the court for their support in the 2004 homeland security grant application process. A grant from the state was also applied for and notice has been received that we will be receiving $2.85 million for the communication system between all three counties. He also thanked the police and fire chiefs, mayors, and the Northern Kentucky caucus who helped make the grant possible and pushed it forward. The first two phases will be funded which is transmitters in all three counties and frequencies to facilitate WMD communications and also microwave points between all five communication centers in the three counties.
There being no more questions or discussions, Judge Drees asked for a roll call vote. Upon roll call vote, the motion was unanimously passed.
Executive Orders
EXECUTIVE ORDER NO. 04-82-Appointment of Reverend John Russell to the Kenton County Ethics Commission for a three-year term expiring October 14, 2007: Mr. Kimmich said this would be his second term and he previously had only a one-year term and he will now be serving for three years. Commissioner Koenig made the motion for approval; seconded by Commissioner Black. The motion passed with a unanimous vote of aye.
EXECUTIVE ORDER NO. 04-89-Appointment of William Terwort to the Northern Kentucky Area Development District for a three-year term expiring October 3, 2007, replacing Ed Currin: Commissioner Humpert made the motion to approve with a second by Commissioner Black. The motion passed with a unanimous vote of aye.
EXECUTIVE ORDER NO. 04-90-Establishment of a seven member County Parks and Recreation Advisory Commission whose primary functions are to develop an annual recreation plan and budget: Commissioner Black made the motion to approve; seconded by Commissioner Humpert. Commissioner Humpert asked if the seven members had been placed and Judge Drees said this would come at a later date. The motion unanimously passed following roll call.
EXECUTIVE ORDER NO. 04-83-Reorganization of the office of the Kenton County Treasurer creating the position of tax analyst, effective September 14, 2004: Mr. Kimmich said this position will assist the county treasurer with the collection of delinquent taxes. This process is moving along and it was found that having someone follow up on the taxes on a daily basis is certainly beneficial. The second component of the order provides that an additional employee listed as service accounts manager will oversee the preparation of accounts receivable for the county garage and public works for the work that is being contracted out to ensure full recovery of cost for those agencies. The salary for this position will be covered from the fees collected based on our experience in the past. The difference in salary between the tax clerk and the tax analyst is because the person we are hiring to review the returns and collect the delinquent taxes will be making more than the person doing the data entry.
Commissioner Humpert asked if the position of service accounts manager is a new position and Mr. Kimmich said this was correct. Judge Drees said a better handle on these functions is needed so we will know exactly what we have in cost and this will help us in the future.
Commissioner Koenig made the motion for approval; seconded by Commissioner Black. Commissioner Black said she thought this was a good step. Anytime the step can be made to create a new position to make the county run more efficiently and, in essence save money, that position will pay for itself. The motion unanimously passed following roll call.
EXECUTIVE ORDER NO. 04-84-Resignation of Barry Lusby as deputy emergency management director: Commissioner Humpert made the motion to approve; seconded by Commissioner Black. Commissioner Humpert said this was with regret because Barry has been with the county for a long time and he is wished the best in his future endeavors. The motion unanimously passed with a vote of aye.
EXECUTIVE ORDER NO. 04-85-Termination of various seasonal employees for the Public Works Department: Commissioner Black made the motion for approval with a second by Commissioner Koenig and the motion unanimously passed with an aye vote.
EXECUTIVE ORDER NO. 04-86-Employment of Robert Rains as animal technician for the animal shelter: Commissioner Koenig made the motion for approval; seconded by Commissioner Black. The motion unanimously passed with the vote of aye.
EXECUTIVE ORDER NO. 04-87-Employment of Nathan Baker as maintenance technician for the buildings and grounds department: Commissioner Black made the motion to accept with Commissioner Humpert's second. The motion unanimously passed with an aye vote.
EXECUTIVE ORDER NO. 04-88-Appointment of various seasonal employees for the public works department: Commissioner Koenig made the motion for approval; seconded by Commissioner Black. Judge Drees made the statement that some employees in public works are being discharged and this one is for hiring. Mr. Kimmich said seasonal employees could stay for only a short period of time. These employees are leaving to return to school, etc., and other employees come in to take their place. The motion unanimously passed with an aye vote.
Citizens Address
There were not any citizens present to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Mr. Kimmich said he wanted to bring to the court's attention that the dates of October 22, 23 and 24 are scheduled for the county's fall cleanup from 8:00 a.m. to 6:00 p.m. There will be dumpsters at public works, Pioneer Park, the Piner Firehouse and DRT Construction. Tires and appliances will only be accepted at the public works department. Commissioner Humpert asked if there was a limit on the number of tires that can be brought in. Mr. Kimmich said that only four may be brought in per vehicle. Commissioner Black asked if these dates would be put on the website. Mr. Kimmich said yes and it had also been put on the community bulletin board of the cable system and every source we could put it on and the dates are October 22, 23 and 24 from 8:00 a.m. to 6:00 p.m.
TREASURER-Nothing further to report.
HUMAN RESOURCES DIRECTOR-Nothing to report.
COUNTY ATTORNEY'S REPORT-Nothing to report.
COMMISSIONER'S REPORTS:
Commissioner Black said she wished to remind everyone again to make certain that when animals are dropped off at the animal shelter, to be sure it is currently open. Individuals are also encouraged to get their dogs and cats licensed and have them tagged, so if your pet is lost it can be returned to you.
Commissioner Humpert-Nothing to report.
Commissioner Koenig-Nothing to report.
Judge Executive-Nothing further to report.
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; seconded by Commissioner Black. The court was closed with a unanimous aye vote.
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