KENTON COUNTY FISCAL COURT Covington Courthouse 303 Court St. Covington, KY 41011

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1 KENTON COUNTY FISCAL COURT Covington Courthouse 303 Court St. Covington, KY August 22, :00P.M. Call to Order Judge/Executive Kris Knochelmann called to order the August 22, 2017 meeting of the Kenton County Fiscal Court. Treasurer Roy Cox led the Invocation and the Pledge of Allegiance. Present: Staff: Judge/Executive Kris Knochelmann Commissioner Beth Sewell, District 1 Commissioner Jon Draud, District 2 Commissioner Joe Nienaber, District 3 County Attorney Stacy Tapke Joe Shriver, County Administrator Scott Gunning, Assistant County Administrator Roy Cox, County Treasurer Sue Kaiser, Fiscal Court Clerk Approval of Minutes A. Approval of Minutes from the meeting of August 8, Commissioner Nienaber made the motion for approval; seconded by Commissioner Sewell. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. B. Approval of Minutes from the Caucus Meeting of August 16, Commissioner Sewell made the motion for approval; seconded by Commissioner Nienaber. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. Citizens Address Mary Ann Bullock from 823 Cherry Alley spoke regarding the problem with the pitbulls in her area. She feels that they are dangerous, and someone may get harmed by them. She feels that the Covington Police don't want to deal with the issue, and the Kenton County Animal Control Officers come out, and can't get the owners to answer their doors. She would like something to be done, even if she has to use her own money to protect the citizens from these pit-bulls. County Attorney Stacy Tapke stated that Ms. Bullock can meet with the County Attorney's Office to speak about the specific incidents that have occurred.

2 Commissioner Draud asked what the policy is on dogs running loose in Kenton County? County Administrator Joe Shriver answered that there is an Ordinance that defines the regulations. Ms. Tapke stated that Ms. Bullock can pursue a violation to the Ordinance. Commissioner Draud asked if Kenton County has a specific Ordinance pertaining to pit-bulls? Ms. Tapke answered that Kenton County doesn't have a specific Ordinance, but Covington does have one. Judge Knochelmann stated that he will follow up on the issue on Monday. Commissioner Draud stated that this needs to have some follow-up, as it is a serious issue. General Business A. Claims List- Dated August 18, There were no questions on the Claims List. B. Presentation of the Cooperative Extension District's Tax Rate. Treasurer Roy Cox stated that the Kenton County Cooperative Extension District Board plans to raise their tax rate the 4 % over compensating as calculated by the Kentucky Local Finance Office. The rate for real property will increase from.954 cents to.986 cents per $100 of assessed value, and will produce revenue of $1,041,000. The rate for personal property will increase from cents to cents per $100 of assessed value and produce revenue of $94,429. Mr. Cox then stated that there was a public hearing prior to this Fiscal Court meeting, and the Cooperative Extension District Board approved the proposed rates. C. Presentation of the Kenton County Library's Tax Rate. Dave Schroder from the Kenton County Public Library stated that the Kenton County Public Library Board of Trustees voted to keep their tax rate the same for 2017 as it was in D. Presentation by Duke Energy regarding Smart Meters. Rhonda Whitaker of Duke Energy introduced Tracy Tinsley. Ms. Tinsley explained that Duke Energy has deployed Smart Meters in Indiana and Ohio already. These meters benefit the customers, because there is two way communications with the meter. The customer can go online to see their usage, and there will hopefully be no more estimated bills. They will be able to complete certain services quicker, and if there is an outage it will be taken care of in a more timely way. Customers will be able to opt out of the meters, but it would cost them $25 per month.

3 Ms. Tinsley then stated that Duke Energy has different plans to roll this concept out to customers, and the employees that come out to change out the meters will have a badge to confirm that they work for Duke Energy. Once the meters are changed out, the customer will be able to complete all tasks online. E. Discussion regarding the Bavarian Site. 1. Request approval of a contract modification with WSP for construction inspection and submittal review for the new Kenton County Administration Building). County Administrator Joe Shriver stated that we have the last phase of the WSP owner's rep contract that will bring us all the way through construction. There is still a lot of design oversight, as well as implementation. We are still well below the original proposal that WSP submitted in September of last year. Commissioner Draud stated that his first thought process was not to approve anymore expenditures for the actual supervision of construction. He felt that Joe Shriver or Nick Hendrix could do this, but Nick helped change his mind. Mr. Hendrix explained to him that the contract started out at $999,000, and now we have gotten the cost down considerably. He is now convinced that this is a good thing to do. Also, he wasn't very happy about the whole process, but when he looked at their fee he saw that it is very low. He asked what the actual fee percentage is right now? Nick Hendrix answered that it is just shy of 3%. Commissioner Draud made the motion for approval; seconded by Commissioner Sewell. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. F. Request approval of an Assignment of Commercial Real Estate Sale Agreement between Transitions, Inc. and the Kenton County Fiscal Court. Judge Knochelmann stated that this will essentially assign the agreement that Transitions has with Fifth Third Bank to us, and we can take on that amount. The amount is $970,000 for the purchase of the building, with the intent to move forward with a lease and the expansion of the services that Transitions offers. We have budgeted sufficient funds in this budget to take care of that, and he believes everyone has had a chance to the assignment of the contract. He is planning to go to a board meeting on Tuesday, and continue discussions with Jim Beiting and his team. Commissioner Draud asked if this will create an additional 80 beds. Judge Knochelmann answered that this is correct. The plan would be for one of the other facilities that they presently have for detox to be used for pregnant mothers. The increase could be in excess of over 100 beds once that facility is open. Commissioner Draud asked if they are going to have some permanent beds for addiction?

4 Judge Knochelmann said that it will be for 30 days or less. Commissioner Sewell stated that we will have a partnership with them, whereby if someone is in that facility and needs longer term care they could be transferred. Judge Knochelmann stated that one thing that St. Elizabeth will do with the new facility is have onsite healthcare. This is a great model. Commissioner Draud stated that he was critical of St. Elizabeth a few years ago, but they have made great progress in the area of addiction. They are really taking the leadership role now. Judge Knochelmann asked that this is contingent on the County Attorney's final approval. Commissioner Sewell made the motion for approval; seconded by Commissioner Nienaber. Judge Executive Knochelmann called for a roll call vote with the results being; Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Nienaber, yes, and Judge Knochelmann, yes. The motion passed with a vote of 4-0. Resolutions A. Resolution No.17-0lN A Resolution for the Kenton County Fiscal Court concerning Fiscal Year Budget Adjustments. Treasurer Roy Cox stated that the budget adjustments are for the following: $650,000 increase out of Capital Projects (this is the account where we are putting the WSP modification - $485,000 of that is for the design phase of the project and $165,000 for the construction phase), $24,000 for the Doe Run Lake Inlet project and $392,000 for Special Projects for the damage to the Radio Tower. We are doing this so we can go ahead and pay the people that did the work, but we will turn that into the insurance company for repayment. Commissioner Nienaber made the motion for approval; seconded by Commissioner Sewell. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. Ordinances A. Second Reading - Ordinance An Ordinance amending the Code of Ordinances of the Fiscal Court of Kenton County, Commonwealth of Kentucky, establishing a service fee for enhanced 911 emergency dispatch services to owners of real property in Kenton County, Commonwealth of Kentucky. Judge Knochelmann thanked Jessica Moss for the work that she did on this project. The fee has been well received by various groups.

5 Commissioner Sewell made the motion for approval; seconded by Commissioner Nienaber Judge Executive Knochelmann called for a roll call vote with the results being; Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Nienaber, yes, and Judge Knochelmann, yes. The motion passed with a vote of 4-0. B. Second Reading - Ordinance An Ordinance of the Kenton County Fiscal Court relating to the levy and adoption of the 2017 tax rates of 14.8 cents per hundred dollars valuation on real property, cents per hundred dollars valuation on personal property and 15.8 cents per hundred dollars valuation on motor vehicles to provide such revenue as has been budgeted and approved for expenditure in the current fiscal year. Commissioner Draud stated that it should be noted that no tax increase has been taken in over seven years. This is something to make the Fiscal Court very proud. Commissioner Draud made the motion for approval; seconded by Commissioner Nienaber Judge Executive Knochelmann called for a roll call vote with the results being; Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Nienaber, yes, and Judge Knochelmann, yes. The motion passed with a vote of 4-0. Consent Agenda A. Exhibit No Request approval of lease PR04821 between the Kenton County Fiscal Court and the Department for Public Advocacy for eight (8) parking spaces in The Kenton County Parking Garage at $50 per space for B. Exhibit No Request approval of lease PR04051 between the Kenton County Public Properties Corporation and the Unified Prosecutorial System for 6,296 square foot at $12 a square foot of space in the 303 Court St. Building for C. Exhibit No Request approval to extend the contract with Hennecke Drilling, LLC for the Rotary Drilling for the Kenton County Public Works Department. D. Exhibit No Request approval of an amendment to the contract between the Kenton County Fiscal Court and Tyler Technologies, Inc. for the upgrade to Enterprise CAD to include the Erlanger and Elsmere Police Departments. E. Exhibit No Request approval to surplus various broken/outdated items for the Kenton County Police Department.

6 F. Exhibit No Request approval to award the Doe Run Lake Inlet Access Rehabilitation bid to Evers Steel Construction, LLC for the Kenton County Parks and Recreation Department. G. Exhibit No Request approval to ratify the SAP Program Renewal Contract for the Kenton County Detention Center. All items on the Consent Agenda were voted on together. Commissioner Draud made the motion for approval; seconded by Commissioner Sewell. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. Executive Orders A. Executive Order No An Executive Order relating to an order of the Judge/Executive of Kenton County declaring an Emergency as a result of tree damage to the Children's Home Tower. County Administrator Joe Shriver stated that no action needs to be taken on this order. This is for acknowledgement only, as the statutes allow the Judge to sign the Executive Order in an emergency without approval of the Fiscal Court. One of the 911 towers was damaged by a tree, and it must be reported to the Fiscal Court at the next meeting after the event. Obviously, the tower was demolished, and there are still some outstanding expenses as it relates to the temporary tower. We will eventually move that temporary tower equipment over to Mt. Echo's tower. That is why we wanted to go ahead and pay for the demo, and those folks had the tower down within 100 hours after finding out that it was compromised. Commissioner Draud stated that this illustrates what a great administrator Joe Shriver is, as he kept everyone informed throughout the event. B. Executive Order No An Executive Order relating to the Fiscal Court approving the resignation of Darrell Caldwell as a Police Officer for the Kenton County Police Department, with the effective date of September 1, Commissioner Sewell made the motion for approval; seconded by Commissioner Nienaber. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. C. Executive Order No An Executive Order relating to the Fiscal Court approving the promotion of Chris Ficke to the rank of Sergeant for the Kenton County Police Department, with the effective date of September 1, Commissioner Nienaber made the motion for approval; seconded by Commissioner Draud. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0.

7 . _.r;;.~ Administrative Reporting Emergency Management Steve Hensley stated that many people helped with the tower event. Early in the process, we had to reach out to Frankfort to the Kentucky National Guard, Kentucky State Police and Kentucky Emergency Management in order to get the temporary tower. It usually takes ten days to make this happen, but we had this up in about a day and a half. In addition, PDS was involved and helpful, as well as Mobilcom, Tommy Thompson and his people, Public Works, Chief Jones, Covington Police and Fire, Park Hills Police, Ludlow Police and Fire, Joe Shriver and Judge Knochelmann. The people at the museum allowed their facilities to be used, and the people at the Children's Home were phenomenonal. There were probably about 75 people that were involved in the incident command. This was the key component to the success of this operation. O'Rourke completed everything as planned. Planning meetings took place, and included elected officials from Covington, Park Hills, Ludlow and Kenton County was very well represented. Judge Knochelmann stated that Mr. Hensley's experience was very impressive. When there are professional leaders in the departments, things happen fast. Public Works came up with cranes, and moved generators out there. Tommy Thompson worked well with Mobilcom to get equipment moved to a temporary tower location. It all worked so well, and he was impressed. Mr. Hensley stated that our partners from the Boone County Emergency Management assisted in relocating some of the children. The County Attorney's Office was involved to make sure that everything was done the right way. Judge Knochelmann stated that this tower was going to have to come down with the new upgraded system. It would have had to be imploded the same way, but would have been done at a future date. Mr. Hensley stated that there is a monthly maintenance schedule on all of those towers. We cut about a one hundred foot wide easement where the guide wires are to keep trees from falling. Unfortunately, this tree happened to be feet tall. If we took out every h ee that was in this range, people would be critical of us for cutting down trees unnecessarily. Mr. Hensley then stated that last week, his department met with the Ludlow Schools to talk about their school safety plan. In addition, tabletop exercises are scheduled with the Erlanger/Elsmere schools to review their policies. Also, the Technical Rescue Team responded to an event in Alexandria. The team successfully rescued a man trapped in a trench. Then, the team performed a successful water rescue in Ryland where a gentleman had problems with his jet ski. The driver of the jet ski was located, and was safe. Lastly, Mr. Hensley stated that tomorrow they will have their Narc an training with Jason Merrick.

8 Information Technology Lisa Desmarais stated that the disaster recovery backup process to eliminate the tape back-ups is being implemented. Also, all data transmission projects are complete. More data is being moved quickly now. They are in the process of rolling out the voice over IP system. There are six sites to convert, and are currently converted and completed on three sites. The other sites will be completed by September 30th. An upgrade to the fund accounting system is planned, and Panamation will be upgraded to a new version in January of There will probably be a budget adjustment at the next meeting for this project. The new Occupational License Tax System testing and data conversion are complete. An overview was presented at the last Mayor's meeting. The department is in the process of making software changes to support the new 911 fee structure, as well as the Crescent/Villa Fire Authority fee. A last minute change to the banking information from the Sheriff's Department came in, and payments will now be processed by Heritage Bank. Ms. Desmarais then stated that they continue to make progress in upgrading the Public Works system. Their software will be upgraded to a newer version. Sara Sgantas has been continuing her work on monthly videos in support of the door hanger effort. Animal Shelter Elizabeth Cochran stated that at the advice of their advisory committees, they are planning to increase adoption fees as of September 1st. This will allow the county to recuperate much of the fees associated with the care of the animal at the Animal Shelter. These fees are in line with the other shelters in the area. The original fees were $80 for cat/kitten/puppy or dog, and have been at this rate for over 11 years. The new adoption fee for cats/kittens that are already altered will be $40. Cats/kittens that are not spayed or neutered will be $80. Dog/puppy that is already spayed or neutered will be $60, and dog/ puppy that are not already altered will be $80. She then reviewed the vaccination prices. Commissioner Nienaber asked if we went from a losing position to breaking even? Ms. Cochran answered that this is correct. She then stated that there is a 14% decrease in the number of cats coming into the shelter, and a 2.4 % decrease in the number of dogs coming into the shelter. In comparing adoptions from January to August to last year, 118 more cats have been adopted and 100 more dogs have been adopted. There have not been any cats that have had to be euthanized at the shelter due to lack of space this month. The live release rate for the month of July is 81 %. Director of Economic Development Patrick Henshaw stated that two of the five key tenants identified in achieving success are both physical and digital infrastructure, as well as access to capital for growing companies. On the access to capital piece, this month they are focusing on the key investments needed in the Cintrifuse fund to increase the reach of the county outside the region. So, one of the tools they use to attract technology and knowledge based businesses to the region is access to venture

9 capital, and access to customers for the funds that Cintrifuse invested. This is how they are pulling in and targeting several coastal companies from San Francisco to Manhattan. Additionally, one of their key indicators for promoting and empowering a physical and digital infrastructure is access and availability to flexible lease terms. There is a large market gap that can be captured in Kenton County for growing companies. They are at 50% of their goal this half, and they are working with developers on the next 50% target. Finally, Mr. Henshaw stated that he is happy to report their increased engagement with the Northern Kentucky Regional Alliances. These senior leaders across organizations from our county are now adding more fuel to the investment. Treasurer Treasurer Roy Cox asked that the records reflect that the June, 2017 Financial Reports have been submitted. County Attorney's Report County Attorney Stacy Tapke had nothing to report. Commissioners' Reports Commissioner Ton Draud Commissioner Draud stated that he would like to see an analysis pointing out the tentative dates for the work on the Independence Courthouse. Assistant County Administrator Scott Gunning stated that he met with GRW a couple of weeks ago, and they are finalizing the schedule. As soon as this is complete, he will share the dates with the Fiscal Court. Commissioner Draud then stated that he is impressed with the work that Nick Hendrix and his crew have done at Latonia Lakes. The quality of life has improved for that area. There have been many projects recently that are significant, but this one makes him very proud. Also, he rode on Pride Parkway recently, and he wanted to note that Mayor Dan Bell and the Commissioners did a great job on this project. Commissioner Beth Sewell Commissioner Sewell had nothing to report. Commissioner Toe Nienaber Commissioner Nienaber complimented Commissioner Sewell and Commissioner Draud, and said that it has been a pleasure to work with them. He believes the communication between

10 everyone makes it easier. The Fiscal Court is tackling a lot of high profile issues, and everyone has been extremely respectful. Judge/Executive's Report Judge Knochelmann stated that he has passed out some information about an initiative that Mayor Hartfiel has brought forward, and he is looking for the Fiscal Court's endorsement of the project. It is essentially a program by which the founding documents of the country would be built into a long term base to allow for everyone to see. They would house this in Kenton County, and there is a vetted group that does the work. This is similar to the 911 memorial, and this would possibly be housed at the Crescent Springs Park. He asked for a vote to endorse this project. Commissioner Draud made the motion for approval; seconded by Commissioner Sewell. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. Executive Session Commissioner Sewell made the motion for approval of Executive Session; seconded by Commissioner Nienaber. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. Commissioner Nienaber made the motion for approval to return from the Executive Session; seconded by Commissioner Draud. Judge Knochelmann called for a voice vote, and the motion passed unanimously 4-0. A. Resolution No A Resolution relating to the Kenton County Fiscal Court authorizing, approving and directing the employment of certain law firms to represent Kenton County in potential litigation against contributors of the opioid addiction crisis. Commissioner Sewell stated that she appreciates what has been shared, but she has concerns about moving through this quickly. She is anxious to see what discovery brings about, but until that point she is going to reserve opinion. Commissioner Nienaber stated that he echoes some of Commissioner Sewell' s concerns. Mainly because this is one phase of this problem, and he hopes we are successful in this endeavor. He would like to see people who are addicting our children serve some really stiff punishment. He hopes there is some fallout from this case that will identify some of those people. Commissioner Draud stated that he has some concerns about this as well, but he is hopeful that by getting involved quickly some revenue will be generated to help solve some addiction problems in the community.

11 Judge Knochelmann stated that there are never enough tax dollars to address this issue. He feels that those that help contribute to this issue should pay the price. Commissioner Draud made the motion for approval; seconded by Commissioner Nienaber. Judge Executive Knochelmann called for a roll call vote with the results being; Commissioner Draud, yes, Commissioner Sewell, present not voting, Commissioner Nienaber, yes, and Judge Knochelmann, yes. The motion passed with a vote of 3-0. B. Pursuant to KRS (1) (C) proposed or pending litigation regarding the case of Saylor vs Kenton County. Judge Knochelmann asked for approval to authorize Defense Attorney Jason Reed to resolve the case of Saylor vs Kenton County. Commissioner Nienaber made the motion for approval; seconded by Commissioner Sewell. Judge Executive Knochelmann called for a roll call vote with the results being; Commissioner Draud, no, Commissioner Sewell, yes, Commissioner Nienaber, yes, and Judge Knochelmann, yes. The motion passed with a vote of 3-1. Adjournment Having completed all business before the Court, Commissioner Draud offered a motion to adjourn which was seconded by Commissioner Sewell. Judge Knochelmann requested a voice vote whereupon all members present voted in the affirmative with a 4-0 vote. Text for all proposed and recently passed ordinances may be acquired by accessing the Fiscal Court web page at or by contacting the administrative offices at CLERK CERTIFICATION I, Sue J. Kaiser, having been appointed to the office of Fiscal Court Clerk, do hereby certify that this is a true and accurate record of the actions taken by the Kenton County Fiscal Court at the meeting of August 22, ===> ~tt-\( ~ sue{ser Fiscal Court Clerk