KENTON COUNTY FISCAL COURT M I N U T E S AUGUST 9, 2005, 9:00 A.M.

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KENTON COUNTY FISCAL COURT M I N U T E S AUGUST 9, 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 and Barbara Black; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; County Jailer Terry Carl; Fleet Management Director Roger Wells; Police Chief Bill Dorsey; Colonel Scott Colvin; Assistant County Attorneys Brandon Voelker and Stacey Hege; Special Projects Manager Ralph Bailey; Emergency Management Director Ed Burk; Public Works Director Joe Murphy; County Engineer Charles Meyer; Court Reporter Cathy Johnston; and Guests. Commissioner Adam Koenig was absent from the meeting. Invocation and Pledge of Allegiance The invocation was given and pledge of allegiance led by Commissioner Barbara Black. Approval of Minutes Judge Dress asked for approval of the minutes for the last meeting. Commissioner Humpert made the motion for approval with corrections previously given to the Deputy Judge with a second from Commissioner Black. The minutes were unanimously approved with the vote of aye. Delegations There were not any delegates that appeared before the court. General Business There was not any general business to be conducted by the court. Resolutions Resolution 05-03E Approval of adjustments and transfers between appropriation accounts as recommended by the county treasurer, Ivan Frye reporting: Most of the items are funding purchase orders that were opened at the year-end and the money was moved into the line item after the opening of the budget year. There were some items where funds had to be added that came up after budget approval. Commissioner Humpert asked if these were items that were approved last year but not paid and being shifted to this year s budget. Mr. Frye said yes and that these were items that were not received and the purchase order was still open and the funds obligated. Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye. Resolution 05-19 Authorize, adopt, approve, accept and ratify the execution of grant agreement between the Federal Aviation Administration, the County of Kenton, Kentucky and the Kenton County Airport Board, Mike Smith reporting: This resolution will authorize the acceleration of funds under a prior letter of intent should those funds become available prior to the end of the Federal fiscal year at the end of August. The amount is not certain, if at all, but this puts the authorization in place. Commissioner Humpert asked how grant money could be given without an application. Mr. Smith said it is funded under an existing letter of intent between the Kenton County Airport Board and the Federal government authorizing the acceleration of funds that have previously been approved. Commissioner Humpert moved for approval with a second from Commissioner Black. With a unanimous vote of aye, the motion passed.

Ordinances Ordinance No. 225.41 First reading to recommend the adoption of the 2005 health tax rates, Ivan Frye reporting: This is a recommendation presented by the County Health Board to adopt the same rate as last year, two cents per $100.00 of assessment. Commissioner Black made the motion for approval; seconded by Commissioner Humpert. The motion unanimously passed with a roll call vote. Ordinance No. 121.40 First reading to amend the County Administrative Code and the Policy Manual, Joe Shriver reporting: A large portion of this amendment is to reconcile where action had been taken over the last three years. A couple of other policies are ones that have been called into question and the county is trying to make these tighter. Judge Drees asked for a rundown of items that have been changed. One of the items has to do with longevity pay in that any employee hired or rehired after January 1, 2006, would not be eligible. Mr. Shriver said the only other one that would impact individuals would be the tuition reimbursement program. The reimbursement would be at the undergraduate level but also includes any employee that is in the program who anticipates using the program above undergraduate level. The employee was given the opportunity for transition by giving the individual time, by June 30, 2007, to work on the higher rate of reimbursement. It will be still be capped at the 12 hour-mark at Northern Kentucky s rate for that program; however, will give time to transition off of that and would still allow individuals to pursue degrees that would be reimbursed at the undergraduate level. Language was added to the sexual harassment section by adding some actions that have been found to be harassing in nature. Judge Drees asked about additions being made to the military leave policy. Mr. Shriver said this language was in the administrative code but not in the policy manual. It was felt that this was important to be added to the policy manual because a lot of employees refer to this first because of the quick reference. Commissioner Black asked that this be explained. Mr. Shriver answered that under Section 01.09.10, Military Leave, the first paragraph was the existing language in the policy manual. It was a brief statement saying that National Guard leave would be taken per Federal law each year. The second paragraph addresses long-term activation status for the military that basically states the county will follow Federal law and an employee will not lose any benefits accrued such as leave time, and health benefits for the family will not stop while the employee is in active service. Mr. Kimmich said an employee would receive the difference from the county if the military pay is less than the current county pay. Commissioner Black made the motion for approval followed with a second from Commissioner Humpert. The motion unanimously passed with the vote of aye. Ordinance No. 924.26 First reading amending the Kenton County zoning ordinance to permit a concrete plant as a principally permitted use in an I-6 zone in the unincorporated area of Kenton County, Scott Kimmich reporting: A business is planning to relocate to Kenton County in an I-6 zone. The word cement is in the request and concrete is in the definition of an I-6 zone as principally permitted. The county will have to clarify this with the planning commission. It is being asked that this ordinance be approved on first reading by title and summary that will allow clarification for the second reading inasmuch as time is of the essence because the company is ready to relocate. Commissioner Humpert said the text should read similar to permit the assembling, compounding, manufacturing, packaging or processing of cement, concrete or concrete products instead of just cement manufacturing. Commissioner Humpert made the motion with this change; seconded by Commissioner Black. The motion unanimously passed with the vote of aye. Consent Agenda CLAIMS LIST--There were no questions asked, so Mr. Frye will issue warrants and the bills will be paid. Administrative Actions

Authorization for Kenton County Treasurer s Office to bid HVAC work for Rosedale Manor Nursing Home: Judge Drees said Rosedale Manor wants to upgrade their HVAC system and this way we can go ahead and get this out for bid. Ms. Knollman is coming into the office to talk about it along with a board member and this will come out of the reserve fund for Rosedale Manor. Commissioner Humpert asked if this was the action to bid for the HVAC and Judge Drees said yes. Deputy Judge Kimmich said the reason for doing this is that the Rosedale facility is still in the county s name that is being leased to Kenton Housing which is the Rosedale Manor board. Commissioner Humpert made the motion; seconded by Commissioner Black and the motion unanimously passed with the vote of aye. HANDOUT NO. 05-49 Acceptance of grant from the Kentucky Justice and Public Safety Cabinet for substance abuse treatment in the detention center, Scott Kimmich reporting: This document has already been executed because of a time constraint so funds could be encumbered for the project. This grant is to bring in a drug counseling group to work on reducing recidivism in the jail and is one of five pilot projects that is going on in the state. Commissioner Black made the motion for acceptance of the grant with a second from Commissioner Humpert. The motion unanimously passed with the aye vote. HANDOUT NO. 05-50 Approval of extension of contracts for motor vehicle replacement parts with Rim & Wheel Service, George s Truck Center and AD&R Auto Parts for the period of September 1, 2005 through August 31, 2006, Ivan Frye reporting: These are annual renewals that are shared with Boone County in that each year we alternate in taking bids and the other county utilizes the same rates with the vendors. Commissioner Humpert made the motion for approval with a second from Commissioner Black. The motion unanimously passed with the aye vote. HANDOUT NO. 05-51 Approval to award bid for the Bromley Crescent Springs landslide stabilization to Ultra Technic Construction, LLC: Mr. Murphy said this had been estimated to be high in cost but the bid came back relatively low. The amount is $129,000.00. Commissioner Humpert asked if Ultra Technic was capable of doing the job and Mr. Murphy said yes that they had been used before on the Cruise Creek project. Commissioner Black made the motion for approval; seconded by Commissioner Humpert. The motion unanimously passed with the aye vote. HANDOUT NO. 05-52 Request permission to surplus kitchen equipment from the jail, Terry Carl reporting: The can racks and deep fryer that were previously used are no longer needed. Commissioner Humpert asked what the can racks could be sold for and Mr. Carl answered it would be approximately $300.00 to $400.00 and we have nine of those. Judge Drees asked if these could be stored and Mr. Carl said we did not have the space. Mr. Frye said it is being asked that the items be declared surplus and they would be stored if a place could be found and then they will be sold if we can find somebody that would offer a reasonable price. Commissioner Black made the motion for approval with a second from Commissioner Humpert. The motion unanimously passed with the vote of aye. HANDOUT NO. 05-53 Awarding of quote for the demolition of the fire training building at 4415 Boron Drive to Allstar Construction, Ivan Frye reporting: A new building will be erected when funds are received from the state and the county has budgeted some funds. We have already gone to bid for the replacement of the facility and equipment and have received one bid that is a good one. Commissioner Humpert made the motion for approval; seconded by Commissioner Humpert and the motion unanimously carried with the aye vote. Executive Orders

EXECUTIVE ORDER NO. 05-76 Appointment of Peter Wenzel and Gary Bockelman to the Kenton County Board of Adjustments replacing Jane Purdon and Nash Davidson for a three-year period, effective August 26, 2005: Commissioner Black made the motion with a second from Commissioner Humpert, and the motion unanimously passed with the aye vote. EXECUTIVE ORDER NO. 05-72 Acceptance of retirement of Wayne Tomlin, crew leader in the Department of Parks and Recreation: Commissioner Humpert made the motion to accept; seconded by Commissioner Black. The motion unanimously passed with the aye vote. EXECUTIVE ORDER NO. 05-73 Acceptance of resignations of Brian Delaney as advanced equipment operator and Craig Twehues as seasonal maintenance from the Department of Public Works: Commissioner Black made the motion; seconded by Commissioner Humpert. The motion unanimously passed with the aye vote. EXECUTIVE ORDER NO. 05-74 Appointments of Justin Cummins as dispatcher one in the communications center at an hourly rate of $15.05, and Charles Innman as a police officer at an hourly rate of $18.35 in the Kenton county Police Department, effective August 9, 2005: Commissioner Humpert moved for approval with a second from Commissioner Black. With a unanimous vote of aye, the motion passed. EXECUTIVE ORDER NO. 05-75 Reorganization of the Kenton County Parks and Community Services Department, Joe Shriver reporting: Personnel at the Department of Parks has been asked to take on additional responsibilities for proposed programs that require more accountability, and this person should be given the authority to execute and oversee the new and current responsibilities. Mr. Kimmich said one of the responsibilities to be undertaken is a reporting program for individuals who have committed nonviolent offenses. These individuals will be doing work in our county parks and county facilities. This is the reason for assigning this task to the Department of Parks and Community Services, coordinating with probation and parole, pretrial services, judges and the county attorney. There being no further comments, Judge Drees asked for a motion. Commissioner Black made the motion; seconded by Commissioner Humpert and the motion passed with the unanimous vote of aye. Citizens Address There were not any citizens present that wished to address the court. Administrative Reporting DEPUTY JUDGE EXECUTIVE--Nothing further to report. COUNTY TREASURER--Nothing else to report. HUMAN RESOURCES DIRECTOR--Nothing to report. COUNTY ATTORNEY S REPORT Several months ago the county went through the process of adopting substantial revisions and modifications to the jail policies. Several typos, changes of titles, etc. that needed to be modified were found in the document. There is nothing that is a policy change of any sort but a rewording of these changes, and there will be more as we proceed through the code and continue to update. The statutes require that the policies be looked at every year by the fiscal court. Commissioners Reports COMMISSIONER BARBARA BLACK Congratulated Wayne Tomlin on his retirement and said he would be missed because he has done a good job.

COMMISSIONER DAN HUMPERT Said his remarks were the same in regard to Mr. Tomlin. He also said it seems as though the police chief is coming up with innovative programs one after another and he asked the chief to comment on the notification of the senior citizens program. Chief Dorsey said this is a collaborative program through the Emergency Management Department and the Kenton County Police Chiefs Association that has partnered with the police department. The Senior Citizens Association of Kenton County are also involved in the program and will be getting the names and emergency numbers of the persons for whom this program is put in place. At a preset time everyday, a communicator will call the senior citizens home and say, I m okay, are you okay? The citizens pick up the phone and touches one of the buttons that will identify the fact that the citizen is okay. If the citizen does not pick up the phone, the machine will call back two times and if the citizen does not answer, the emergency number left for the citizen will be notified and emergency personnel will be dispatched to check on the citizen. This has been done without additional cost to anyone. COMMISSIONER ADAM KOENIG Absent. Judge-Executive s Report Nothing further to report. Executive Session No executive session was called. Adjournment There being no further business to come before the court, Judge Dress asked for a motion to adjourn. Commissioner Humpert made the motion; seconded by Commissioner Black and the court was adjourned with a unanimous vote of aye. Ralph A. Drees Kenton County Judge Executive Fiscal Court Clerk