April 12, 2005 Minutes Page 1 KENTON COUNTY FISCAL COURT M I N U T E S. APRIL 12, 2005, 9:00 a.m.

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1 April 12, 2005 Minutes Page 1 KENTON COUNTY FISCAL COURT M I N U T E S APRIL 12, 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; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Works Director Joe Murphy; County Engineer Charles Meyers; Assistant County Attorneys Brandon Voelker and Stacey Hege; Police Chief Bill Dorsey; Court Reporter Cathy Johnston; and guests. Deputy-Judge Kimmich was absent because of illness. 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 Black moved for approval with a second from Commissioner Humpert. The minutes were unanimously approved with the vote of aye. Delegations There were not any delegations present to come before the court. General Business None was presented to the court. Resolutions RESOLUTION NO Seeking authorization for the Judge Executive to sign the proposed county road aid cooperative contract for fiscal year , Ivan Frye reporting: A standard agreement entered into each year with the Department of Transportation that allows the county to receive road aid funds in advance rather than monthly and puts the county in the state road cooperative. Commissioner Koenig made the motion for approval; seconded by Commissioner Black. The motion was unanimously approved upon a roll call vote. RESOLUTION NO Authorizing, adopting, approving, accepting, and ratifying the execution of a grant agreement between the USA and the County of Kenton, Kentucky and the Kenton County Airport Board, Robert Ziegler reporting: The amount of the grant is $9,143,225 improving safety at the airport.

2 April 12, 2005 Minutes Page 2 Judge Drees asked for a motion for approval. Commissioner Humpert moved for approval and was seconded by Commissioner Koenig. The motion was unanimously approved following roll call. RESOLUTION NO Authorize an application to the Kentucky Transportation Cabinet for reimbursement of expenditures for the transportation of nonpublic school students, Ivan Frye reporting: A standard agreement the court has to approve its intention to apply for reimbursement from the transportation cabinet. The county pays the transportation costs during the year and gets reimbursed at the end of the year. Commissioner Black moved for approval followed with a second by Commissioner Humpert. The motion was unanimously approved with a roll call vote. RESOLUTION NO Authorization for the Judge Executive to execute vehicle maintenance agreement with Rosedale Manor, Joe Shriver reporting: This is a standard contract with a standard rate that is offered to all entities of the county. Judge Drees asked if the rate would be changing on July 1 and Mr. Frye said the rate is not a part of the contract. Commissioner Black asked how many vehicles were involved and who drove them. Mr. Shriver said he did not know the exact number but that it was a nominal amount of vehicles and some were donated to TANK to transport residents back and forth. Mr. Frye said the concern right now was two minibuses and Rosedale does not have the means to maintain the two vehicles. Commissioner Humpert asked if they counted as county vehicles and Mr. Frye said no that they belonged to Rosedale, they supply their own insurance and will pay the county for the maintenance. Commissioner Black said she was not sure that the county should maintain these vehicles because of the expense and employee time used for maintenance. Judge Drees said we get reimbursed 100 percent for this service. Commissioner Black said we do not have any buses and do not maintain any and Mr. Frye said that we have more trucks than cars. Mr. McKinney got Rosedale s request and reviewed it and he does have the capability of supporting their vehicles. Mr. Frye also said they are closer to the county than any other that is maintained and they are included in our audit and that he would check with Mr. McKinney before the Judge signs the agreement. Commissioner Black moved for approval; seconded by Commissioner Humpert. The motion unanimously passed with the vote of aye. Ordinances ORDINANCE NO First reading to amend the ordinance pertaining to the regulation of sexually oriented business and service-oriented escort bureau activity throughout Kenton County, and specifically, Ordinance No , Garry Edmondson reporting: This is in regard to the live entertainers, that on the day they perform, they are not allowed to commingle with the patrons of an establishment or of having conversation with a patron for more than one hour. This activity could lead to the prostitution that is trying to be controlled.

3 April 12, 2005 Minutes Page 3 Commissioner Black made the motion for approval with a second by Commissioner Humpert. The motion unanimously passed upon roll call vote. Consent Agenda CLAIMS LIST County Treasurer Ivan Frye: Mr. Edmondson said there was an item on the list for the Cincinnati Enquirer that is charges for the publication of the delinquent tax bills. There is a problem with this and he is looking into this item and asked that it be withdrawn from the claims list until it is resolved. Judge Drees asked Mr. Frye if he knew about the power jambs listed on page four. Mr. Frye said these were bought for the fire chiefs association for utilization in their training to enter a locked or sealed building. Judge Drees also asked about Kaeser & Blair, Inc. that was under the direction of the police chief and asked if this item was necessary. Chief Dorsey said this was paid for by a federal grant that goes to the citizen s police academy and other public relations material for the department. Judge Drees said since there was no further discussion, warrants would be issued and the bills would be paid. Administrative Actions HANDOUT NO Request permission of the Kenton County Fiscal Court to extend a contract for diesel fuel between Kenton County and Lykins Oil for the period of June 1, 2005-May 31, 2006, Ivan Frye reporting: This year the county will be bidding gasoline because that contract expires. The diesel has a renewable clause and there is a very good rate of 4.6 cents over the wholesale price, and in the winter time the rate goes up to 5.25 cents because the blend is different. Commissioner Humpert made the motion for approval followed with a second from Commissioner Koenig. The motion unanimously passed with the vote of aye. HANDOUT NO Request permission of the Kenton County Fiscal Court to enter into an agreement for a gas transmission easement with the Union Light, Heat and Power Co. for an offer of $1,000, Judge Drees reporting: The Judge said there was already an easement and this was to replace the one that is there and is a standard procedure. Commissioner Koenig made the motion for the easement; seconded by Commissioner Humpert. Commissioner Black abstained from voting and the motion passed upon roll call. Executive Orders EXECUTIVE ORDER NO Request appointment of Donald Eugene Ewing to the board of the Tri-County Economic Development Corporation for a period of March 2, 2005-March 2, 2008: Commissioner Black asked who he was replacing and Judge Drees said that it was Gary Bricking. Commissioner Humpert made the motion to grant the appointment; seconded by Commissioner Koenig. The motion unanimously passed with roll call.

4 April 12, 2005 Minutes Page 4 EXECUTIVE ORDER NO Request for appointment consistent with the bylaws, acknowledging the need for restructuring of the following persons to the Board of Directors of Rosedale Manor Nursing Home: one-year term-judy Owens, Paul Gibson, Mark Middendorf, Marsha Linnemann and Bonnie Haldeman; two-year term-john Eldridge, Steve Wolnitzek, Emma Hollis, Gene Weaver and Marc Hoffman; three-year term-mary Middleton, Shad Sletto, Nick Ziegler, Jeff Sewell and Michael Jordan: Commissioner Koenig made the motion for approval with a second from Commissioner Black. Upon roll call, the motion unanimously passed. EXECUTIVE ORDER NO Appointment of various seasonal employees for the golf courses and Public Works Department, effective April 12, 2005: Commissioner Black moved for approval of the appointment with a second from Commissioner Humpert. The motion was unanimously approved with an aye vote. EXECUTIVE ORDER NO Resignation of Joseph Zenni as Dispatcher II for the Department of Public Safety, effective May 22, 2005: Commissioner Black made the motion to accept the resignation; seconded by Commissioner Humpert. The motion passed with the unanimous vote of aye. Citizens Address There were not any citizens present to address the court. Administrative Reporting DEPUTY JUDGE EXECUTIVE Scott Kimmich: Absent because of illness. COUNTY TREASURER Ivan Frye: Nothing further to report. HUMAN RESOURCES DIRECTOR Joe Shriver: Nothing further to report. COUNTY ATTORNEY S REPORT Garry Edmondson: Nothing else to report. Commissioners Reports COMMISSIONER BARBARA BLACK Said we needed the Deputy-Judge to hurry and get well because we needed him. She also said she attended a magistrates and commissioners meeting in Louisville and a couple of items that is welcome news, particularly when it comes to road aid, is that additional money is going to be given because of a $50,000,000 bond the state is going to have that will free up some of the funds that normally would have been in the rural and secondary road program. The county will be receiving additional money at the beginning of Mr. Frye said the amount we will receive will be $220,000 and the receipt of it is dependent upon the sale of the bonds. It has three potential uses of maintaining bridges, repave existing roads or pave new roads. He said he had already talked with Mr. Joe Murphy about what roads will be put on the list. Hopefully, the work will be done in the fall and we can get our money back. The county can advance some of the repaving projects on our current list, so money may be left in the budget this year as opposed to it being new money.

5 April 12, 2005 Minutes Page 5 Commissioner Black said one other item was that Mr. Trey Grayson, Secretary of State, attended and talked about the Freedom of Voting Act. There will be new requirements for voting machines in the next election. The Federal Government will reimburse the county for some of the cost and there will have to be a new type of machine at each polling place enabling disabled persons to actually vote by themselves. All of the machines will have some additional software added to it so that when totals come out, the election officers will not be able to tell how a person voted but will come out by numbers. Mr. Frye said he had gone to this training session with the county clerk and the county is talking about a half-million dollars at the county level, and we are supposed to be reimbursed 100 percent. There are three issues and one is that of being able to vote on demand instead of sending in an earlier request, to provide a paper trail of votes so that if all memory is lost in the machine, there will still be a record of the votes that were cast, and the ability to provide that a disabled voter be able to vote without assistance. COMMISSIONER DAN HUMPERT Nothing further to report except to wish for the Deputy- Judge a speedy recovery and hope that he quickly returns. COMMISSIONER ADAM KOENIG Hope that Deputy-Judge Kimmich gets well soon but he needs to take his time and make sure he is right and does not come back too soon. Judge-Executive s Report Nothing further to report. Executive Session An executive session was not called. Adjournment Since there was not any further business to come before the court, Commissioner Humpert made the motion to adjourn; seconded by Commissioner Black. The court was adjourned with the unanimous vote of aye.