Minutes Kenton County Fiscal Court May 29, 2007 1:30 p.m. Room 307--Kenton County Building Covington, Kentucky CALL TO ORDER Judge Ralph Drees called to order the special called meeting of the Kenton County Fiscal Court. Those in attendance were: Judge Ralph Drees, Commissioners Dan Humpert, Kris Knochelmann and Sara Reeder Voelker, County Attorney Garry L. Edmondson, Deputy Judge Scott Kimmich, County Treasurer Ivan Frye, Special Projects Director Ralph Bailey, Jr., County Jailer Terry Carl, County Sheriff Charles Korzenborn, County Public Safety Director Bill Dorsey and Human Resources Director Joe Shriver. PRESENTATION OF THE CLAIMS LIST: County Treasurer Ivan Frye presented the claims lists for May 18 and May 29. Commissioner Humpert questioned the costs associated with the elections and specifically whether there would be grant funds provided to cover the replacement of current voting machines that do not provide a paper trail. County Attorney Edmondson opined that based on state statute and federal law, the requirements of HOVA must be fully implemented by the 2008 Presidential Election and that this is an unfunded federal mandate at the present time. Mr. Frye advised that the federal government had made provisions to cover the costs associated with the newer machines purchased last year but that even those machines which cost approximately $640,000, will require additional modifications to meet the requirements of HOVA. There being no further questions Judge Drees advised the treasurer to proceed in the issuance of checks to cover the claims. DELEGATIONS: Judge Ralph Drees advised that the sheriff is present to provide for the issuance of a quietus which allows him to close out his books and he would be moving him up on the agenda. Commissioner Humpert questioned how much the sheriff had collected in property taxes and was advised that the amount was in excess of $96million. Deputy Judge Kimmich advised that inasmuch as it was determined to allow the treasurer to proceed in the evaluation of the sheriff s records for purposes of issuance of the quietus, it would be necessary for the court to approve nunc-pro-tunc, after the fact, an executive order issued by the Judge for Mr. Frye to complete the process and finally to approve the issuance of the quietus for the sheriff.
May 29, 2007 Page 197 Commissioner Humpert moved approval of executive order 07-70, an order appointing Ivan Frye to examine on behalf of the court the sheriff s records and also to issue the quietus for the sheriff s tax collection records. Commissioner Knochelmann seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions the motion carried unanimously. GENERAL BUSINESS: Sale of lots in Latonia Lakes: Judge Drees requested approval of the recommendation of the director of special projects to reject bids in the sale of the lot on Clubhouse Drive in the Latonia Lakes community and to accept the bid of $1 from Habitat for Humanity for the lot on Jericho Drive. Mr. Bailey advised the court that Habitat is the only bidder on Jericho in that the other bidder, Triad, had withdrawn their bid upon learning additional adjacent lots were not available and the lot in question is not in and of itself sufficient in size for building a home. Mr. Edmondson said that there could possibly be fees in excess of $3,000 owed on lots in this community if they have been taken through the foreclosure process. Judge Drees requested a list be delivered to him listing all remaining lots, sizes of the lots and funds due on each lot so that he can participate in the development of a plan for the disposition of the property. Commissioner Knochelmann moved approval of the recommendation of rejection of the bids on the Clubhouse Drive property and accepting the bid of Habitat for Humanity on the Jericho Road property. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted yes, Commissioner Humpert voted yes, Commissioner Knochelmann voted yes and Commissioner Reeder Voelker voted yes. There being no nays or abstentions the motion carried unanimously. Authorization to seek RFQ s for Architectural Services for Detention Center: Judge Ralph Drees presented for the approval of the fiscal court a recommendation to proceed in the placement of an advertisement of a request for qualifications for architectural services in the development of a plan for the Kenton County Detention Center. Judge Drees raised the question as to where the advertisement would be placed and it was reported that the advertisement would go into the Kentucky Post, which would in turn be picked up by the Dodge Report, a publication on building and construction. Judge Drees advised that because of the fact that a detention center is not your typical building, this would require a firm with corrections experience.
May 29, 2007 Page 198 Commissioner Knochelmann moved approval of the request to advertise for qualifications of architectural services for the design of the Kenton County Detention Center project. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted yes, Commissioner Humpert voted yes, Commissioner Knochelmann voted yes and Commissioner Reeder Voelker voted yes. There being no nays or abstentions. the motion unanimously carried. Inmate Phone Systems: Judge Drees presented for approval an award of the inmate telephone system to Combined Communications based on the criteria developed by the Kenton County Detention Center. Commissioner Knochelmann moved approval of the recommendation of the jailer to award the inmate phone contract to Combined Communications. Commissioner Humpert seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried. Detention Center Pharmaceuticals: Judge Drees presented for approval a recommendation of the jailer and the county treasurer that the county move to extend the professional service agreement for pharmacy services between Kenton County and Maxor National Pharmacy Services for the period of August 1, 2007 July 31, 2008. Jailer Carl reported that this program is compatible with the program being used by the Kentucky Department of Corrections and is compliant with new statutes concerning pharmaceutical contracts in detention centers. Commissioner Reeder Voelker moved approval of the recommendation of the jailer to extend the professional service agreement for pharmacy services between Kenton County and Maxor National Pharmacy Services for the period of August 1, 2007 July 31, 2008. Commissioner Knochelmann seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried. ORDINANCES & RESOLUTIONS: First Reading of an Ordinance of the Kenton County Fiscal Court adopting the International Property Maintenance Code County Attorney Edmondson presented for first reading an ordinance of the Kenton County Fiscal Court adopting the International Property Maintenance Code and authorizing the Northern Kentucky Area Planning Commission, One Stop, to enforce the provisions of same. The ordinance was presented and read into the record b title and summary. Inasmuch as this is first reading, there will be no vote required and the ordinance will be posted for second reading on June 26, 2007.
May 29, 2007 Page 199 Resolution No. 07-13 Judge Drees presented Resolution No. 07-13, a resolution authorizing, adopting, approving, accepting and ratifying the execution of a grant agreement for a project between the United States of America and the County of Kenton, Kentucky and the Kenton County Airport Board, Rob Ziegler, attorney for the Kenton County Airport Board reported that the board would be receiving one grant in the amount of $15 million and the other in the amount of $1,398,370 for noise abatement and runway construction related activities. Commissioner Knochelmann moved approval of the recommendation of the Judge Executive that the county proceed in the authorizing of the acceptance of the grants as set forth in Resolution 07-13, attached hereto as an exhibit. Commissioner Humpert seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried. Resolution No. 07-14 Judge Drees presented for approval of the court a resolution that Kenton County will accept title to and maintenance responsibility for the bypassed segments of the reconstructing of KY 17 and reconstructed county streets as identified in the map attached hereto as an exhibit. Commissioner Knochelmann moved approval of the recommendation of the Judge Executive that the county proceed in the acceptance of the roadways as set forth in Resolution 07-14. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted yes, Commissioner Humpert voted yes, Commissioner Knochelmann voted yes and Commissioner Reeder Voelker voted aye. There being no nays or abstentions the motion unanimously carried. EXECUTIVE ORDERS/ APPOINTMENTS: Executive Order No. 07-71 Judge Drees presented Executive Order 07-71, an order providing for the appointment of Ivan Frye to serve part time in the position of County Treasurer. Deputy Judge Kimmich advised the court that inasmuch as Mr. Frye has retired and will separate from service on June 1, it will be necessary to take action to appoint him to serve in the capacity of county treasurer for the balance of his current term, directing that he shall fulfill those duties in a part time capacity after his separation from full-time county service. Commissioner Knochelmann moved approval of the recommendation of the Judge Executive that the county proceed in the appointment of Ivan Frye to serve as county treasurer in a part time capacity through the expiration of his current term. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried.
May 29, 2007 Page 200 Executive Order No. 07-67 Judge Drees presented for approval the reappointment of Tim Bray to the Northern Kentucky Convention and Visitors Commission for a three-year period, effective July 31, 2007. Commissioner Humpert moved approval of Executive Order 07-67. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted yes, Commissioner Humpert voted yes, Commissioner Knochelmann voted yes and Commissioner Reeder Voelker voted yes. There being no nays or abstentions the motion unanimously carried. Executive Order No. 07-68 Judge Drees presented for approval the employment of Kevin Martin as seasonal maintenance for the Kenton County Golf Courses, effective May 22, 2007. Commissioner Reeder Voelker moved approval of Executive Order 07-68. Commissioner Humpert seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried. Executive Order No. 07-69 Judge Drees presented for the acknowledgement of the court the termination of Derek Robinson as a seasonal maintenance employee for the Kenton County Golf Courses, effective April 27, 2007. Commissioner Humpert moved approval of Executive Order 07-69. Commissioner Reeder Voelker seconded the motion and upon a roll call vote Judge Drees voted aye, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being no nays or abstentions, the motion unanimously carried. EXECUTIVE SESSION: Judge Drees advised that upon the advice of counsel, he would entertain a motion of the fiscal court to go into executive session pursuant to KRS 61.810 (c), regarding pending litigation in the case of Wilson-v-Kenton County. Commissioner Humpert moved approval of the recommendation to enter into executive session. Commissioner Voelker seconded the motion and upon a voice vote roll call all members voted aye. There being no nays or abstentions, the motion carried. Judge Drees called for a motion to reconvene in open session. Commissioner Knochelmann moved approval of the request to return to open session and Commissioner Reeder Voelker seconded the motion. Upon a voice vote roll call all members voted aye. There being no nays or abstentions, the motion carried.
May 29, 2007 Page 201 County Attorney Edmondson requested that the court take action to authorize the County Judge- Executive to enter into an agreed order in the case of Wilson v- Kenton County upon completion of the negotiated terms as agreed to by all parties in principle. Commissioner Humpert moved approval of the recommendation of the county attorney to accept in principle the terms set forth in the agreed order and authorizing the Kenton County Judge- Executive to sign the document upon completion of the details. Commissioner Knochelmann seconded the motion. Upon a roll call vote Judge Drees voted no, Commissioner Humpert voted aye, Commissioner Knochelmann voted aye and Commissioner Reeder Voelker voted aye. There being 3 ayes, 1 nay and no abstentions, the motion carried. Judge Drees advised he has cast a no vote in that he felt too much time has already been spent on this case and the issue of attorney s fees should have been addressed in the beginning. Commissioner Humpert said he agreed in theory with the position taken by Judge Drees. Judge Drees advised that he would like to return on the agenda to the section specifically identified as Appointment of the County Treasurer and request a motion of the fiscal court re-enter executive session pursuant to KRS 61.810 (f), regarding hiring of specific individuals to serve as county treasurer. Commissioner Knochelmann moved approval of the recommendation to enter into executive session. Commissioner Humpert seconded the motion and upon a voice vote roll call all members voted aye. There being no nays or abstentions, the motion carried. Judge Drees called for a motion to reconvene in open session, Commissioner Knochelmann moved approval of the recommendation to reconvene and Commissioner Humpert seconded the motion. Upon a voice vote roll call all members voted aye. There being no nays or abstentions, the motion carried. ADJOURNMENT There being no further business to come before the court, Judge Drees called for a motion to adjourn. Commissioner Humpert moved adjournment and Commissioner Knochelmann seconded the motion. Upon a voice vote roll call all members voted aye. There being no nays or abstentions, the motion carried.