October 11, 2005 Minutes Page 1 KENTON COUNTY FISCAL COURT M I N U T E S OCTOBER 11, 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; Deputy Judge Executive Scott Kimmich; Assistant County Attorney Brandon Voelker; Assistant County Attorney Stacey Hege; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Assistant Police Chief Ed Butler; Emergency Management Director Ed Burk; Public Works Director Joe Murphy; County Engineer Charlie Meyer; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests. Invocation and Pledge of Allegiance The invocation was given and pledge of allegiance led by Commissioner Barbara Black. Approval of Minutes Judge Drees asked for approval of the minutes for the last meeting. Commissioner Humpert moved for approval with two changes he gave to the clerk with a second from Commissioner Black. The minutes were unanimously approved with the vote of aye. Delegations Mr. Terry Carl came forward to talk about a grant the detention center had received for drug and alcohol rehabilitation. He introduced Mr. Larry Williams from Talbert House to the court to familiarize them with the program. Probably 80 percent of the detention center population has to deal with alcohol and drug problems or related crimes. Kenton County is one of eight in Kentucky that received this grant. Mr. Williams said the problem of alcohol and drug challenges as well as the related crimes were looked at as to how to take pressure off the jail as well as the overcrowding. With this small grant, one alcohol and drug specialist will be employed in the jail proper and the inmates will be screened in terms of risk, and those desirable for the program will be permitted to work in this program. There will be both group and individual education and counseling services. This program has been done in Hamilton County keeping the jail pressures down by helping men and women who had not been contributing citizens that are now drug free and tax paying citizens. The idea is to have them go through the program, and those that are successful, report back to the citizen s court who look at the cases to see if the inmate would be eligible for jail reduction time that would be a savings to the jail. Judge Drees asked how long the full-time person would be in the jail and Mr. Williams said the person would be there five days per week for a full day s work for a year. The program is funded for a year and the grant is renewable for a two-year period. Judge Drees asked if there would be a follow-up report at the end of the year and Mr. Williams said there would be follow-up as well as a
October 11, 2005 Minutes Page 2 report on the program s effectiveness. Mr. Williams said he had some copies of the program overview that he could give to the court for their review. Commissioner Koenig asked Mr. Williams if he had copies of data from the Hamilton County experience and Mr. Williams said he did not have copies with him. Mr. Williams said there was one particular program that he liked to talk about called turning point that was started years ago for drunk drivers. After a driver had received three or more DUI s, they came into the program that has been ongoing for more than 10 years. This program has been evaluated by the University of Cincinnati and it is 17 percent better than the one for an inmate going through traditional services. Judge Drees said the grant was for $68,760.00 that has been approved to negotiate with Talbert House. Mr. Kimmich said it was being asked that the court approve conditioned upon approval of the county attorney as to form and classification so Talbert House can come into the detention center without further delay. Commissioner Humpert made the motion for approval with conditions as recommended; seconded by Commissioner Black and the motion unanimously passed upon roll call. General Business There was not any general business to come before the court. Resolutions Resolution No. 05-24 A resolution approving the memorandum of agreement between the Commonwealth of Kentucky Environmental and Public Protection Cabinet and the Northern Kentucky Solid Waste Management area, Scott Kimmich reporting: This is a request from the solid waste management district with the three counties that are in the area. Boone County serves as the final agent but it is necessary for all three counties to adopt a resolution authorizing the memorandum of agreement so that we can be reimbursed for dumps that have been and will be cleaned up. Many of the dump sites listed have already been cleaned up and we are seeking reimbursement for them and proceed with those that need to be cleaned up, seeking reimbursement from the state upon completion. Commissioner Black said that while looking at the list she thought about how much of the citizens tax dollars, whether state or county, is going for this project. An alert needs to be put on the property tax bills reminding every citizen of these messes that are cleaned up on roadsides and dump sites that is costing everybody money. Judge Drees said if there were rural areas where dump sites are located where it could be picked up maybe once a month, there may not be so much trash that would be thrown out along roadsides. Commissioner Black asked if there was a contract with unincorporated parts of the county for any type of garbage collection service. This might be cost effective. Judge Drees said the county would have to buy the land and that maybe if there was a site such as where the water stations are located where people go when they need water, they could dump trash and the county could pay to have it picked up. Commissioner Koenig made the motion for approval with a second from Commissioner Black. The motion was unanimously approved following roll call.
October 11, 2005 Minutes Page 3 Ordinances Ordinance No. 451.13 First reading for Sunday retail liquor sales, Brandon Voelker reporting: Mr. Robert Lotz was there who wanted to talk to the court about the liquor sales. He said he was there on behalf of County Line Liquor and it was his understanding in talking to them, there are only three establishments in the unincorporated area of Kenton County that are packaged liquor stores that would be effected by this ordinance. This is only for liquor stores in the unincorporated area of Kenton County and the right of individuals in the incorporated areas to make their own determination is not being taken away. It is the understanding that they retain this right if they choose to, although some issue has arisen that will require greater examination to the question of whether or not the passage at this point and time will effect cities that have not taken this initiative. It is thought there is nothing to prohibit the cities if the county takes action on the unincorporated areas from taking action to decide whatever they want to do within the confines of their boundaries. Boone and Campbell Counties allow Sunday sales in their area and the stores in Kenton County wish to have the same privilege. The ordinance provides for a 1:00 p.m. opening time. Mr. Voelker said there are several different licenses such as by the drink, malt beverages and package liquor and wine. Commissioner Humpert asked how this affects the malt beverages and Mr. Voelker said that malt beverage is at 1:00 p.m. and they can currently sell beer on Sundays. The Court of Appeals has affirmed that it is a decision of a local city or county as to whether or not packaged liquor can be sold on Sundays. Mr. Lotz said it is not economical for these stores to be open on Sunday to sell beer, but should also be able to sell packaged liquor. They want to be able to have their employee base come in and have full sales. Mr. Voelker said it has to be a first, second, third or fourth class city in order to have full sales. Commissioner Humpert asked if this ordinance was passed, would it impact other cities in Kenton County. Mr. Voelker said he thought it would impact other cities; they could opt out of it and the cities in limbo would be the fifth and sixth class cities. Commissioner Humpert asked Mr. Voelker if he could work with Mr. Lotz to find out what impact this would have on the county and they both answered yes. Commissioner Black said that most of the people we have incarcerated in the county are there mostly because of alcohol problems. People can buy alcohol six and one-half days per week if not more to get ready for the one time on Sunday when buying alcohol is not permissible. She said she had a petition from Grant County, which is a dry county, asking her to change the law in Kenton County to increase the type and time that alcoholic beverages can be sold, but has received no correspondence at all from Kenton County citizens. She said she did not think it was in the best interest of the citizens to increase the amount of hours they are exposed to something that she did not believe would benefit the majority. She also said that she would vote against it and thinks it is a poor piece of legislation. It was agreed to refer this issue to the county attorney s office for evaluation as to whether the ordinance would affect just the unincorporated area or the entire county. Ordinance No. 121.22
October 11, 2005 Minutes Page 4 First reading enacting and adopting a supplement to the Code of Ordinances of the County of Kenton, Kentucky, Joe Shriver reporting: This is to codify the ordinances of the prior year that were passed and this is making the codified form law that is the same language that was passed during the meetings. Commissioner Black made the motion to approve; seconded by Commissioner Koenig and the motion passed with the vote of aye. Consent Agenda Claims List County Treasurer Ivan Frye: There were no comments or questions asked so the warrants will be issued and the bills paid. Administrative Actions Handout No. 05-59 Acknowledgement of the county clerk s receipts of property taxes, Ivan Frye reporting: This is an annual event whereby the bills printed by the clerk are turned over to the sheriff for collection. He is obligated to receipt for the bills and the receipt comes to the fiscal court for the official filing. Commissioner Humpert moved for approval followed by a second from Commissioner Koenig. The motion unanimously passed with a roll call vote. Handout No. 05-60 Extension of agreement for health and medical services between the county and Health Point Family Care, Scott Kimmich reporting: The medical services were bid for the jail and a contract was negotiated with Health Point Family Care, and this is a continuation of that contract calling for a $400.00 per month increase. Included in the increase is a once per week visit for a physician s assistant, nurse practitioner or physician to visit the jail and also establishes that the physician contracted for through Health Point will be the medical director in the facility. Mr. Carl said the health care providers had done an outstanding job and reduced the costs in the jail by eliminating a lot of unnecessary medical calls and medications. Commissioner Black made the motion to approve the extension; seconded by Commissioner Humpert. The motion passed on a roll call vote. Handout No. 05-61 Surplus computer equipment, Ivan Frye reporting: There are nine computers and four printers that no longer have any use because of obsolescence. One of the printers is still serviceable and may have potential use and the county will attempt to sell this one. Commissioner Humpert moved for approval followed with a second from Commissioner Koenig. The motion passed with the unanimous vote of aye. Executive Orders Executive Order No. 05-98
October 11, 2005 Minutes Page 5 Approval of hire for Jeremy Weaver and Charles Johnson as part-time maintenance employees for the golf courses: Commissioner Black made the motion for approval; seconded by Commissioner Koenig and the motion carried with a unanimous vote of aye. Executive Order No. 05-99 Resignation of James Rider as a park trustee from the Department of Parks and Recreation, effective October 3, 2005: Commissioner Koenig moved for approval with a second from Commissioner Black and the motion unanimously passed with the vote of aye. Executive Order No. 05-100 Approval of hire for Joshua Vaughn as seasonal maintenance employee for the golf courses, effective October 10, 2005: Commissioner Humpert moved for approval; seconded by Commissioner Black. The motion unanimously passed with the aye vote. Judge Drees asked why the county is hiring seasonal maintenance employees at this time of year and Mr. Shriver said these employees were finishing aeration and closeout maintenance. Judge Drees asked what happened to the flood plain ordinance and Mr. Kimmich said it was being held for answers to some questions that had been asked by the court. Judge Drees said it should be sent back to the planning commission who had to change a word in the document and Mr. Burk said the word was altered and also for their recommendations. Mr. Kimmich said the ordinance outlines the specifics for fencing and gate latches. If a citizen is not in compliance, they have to be in compliance within a certain period of time. Judge Drees said he thought it was written in such a way that it could be interpreted that, if the fencing was done in compliance at the time the specifications were written it was to be left as is, but he wanted the ordinance language made clear. Judge Drees asked the court for approval to send the document back to the planning commission for re-evaluation and Commissioner Black made the motion; seconded by Commissioner Koenig. 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 Scott Kimmich: The county has been buying uniforms for the police and detention center from one vendor. It has come to the point where the vendor has the specificity as to the fabric for the pants used for county police and for the county detention center. There are some real concerns as to being tied in this tight with the vendor and it has been discussed about putting in new specifications, and it will probably take a period of time to change the entire department. The county would like to get to a situation where the bidding of new uniforms can be put into the marketplace to see what is available. In the meantime, there are some immediate needs to acquire uniforms for both the county police and the jailer. Based on conversations with the assistant chief and the jailer, it has been certified in writing that Roy Taylor Uniforms would be a sole source provider not to exceed three months, and any purchases made during this time would
October 11, 2005 Minutes Page 6 have to be reviewed by the treasurer and the deputy judge to insure the validity of the emergency. The jailer and the police chief will work together with the treasurer s office in establishing a set of bidding documents that the county can go out to bid on the uniforms to find out if being tied to one vendor is cost effective in the long term. A motion of the court is needed to authorize the sole source not to exceed three months and directing that all purchases from that vendor be approved by the treasurer and the deputy judge before the purchase is made. Commissioner Humpert made the motion; seconded by Commissioner Koenig. The motion unanimously passed with the aye vote. COUNTY TREASURER Ivan Frye: Nothing further to report. HUMAN RESOURCES DIRECTOR Joe Shriver: Nothing else to report. COUNTY ATTORNEY S REPORT Brandon Voelker: Nothing else to report. Commissioners Reports COMMISSIONER BARBARA BLACK Did not have anything further to report. COMMISSIONER DAN HUMPERT Nothing to report. COMMISSIONER ADAM KOENIG A noncompliance hearing was held at the cable board. Insight did not attend to defend their position, and after about two and one-half hours of testimony, the board came out with findings of fact that Insight is in noncompliance with the franchise. They were sent a letter explaining that they had 30 days to come into compliance and we will be holding another hearing to discuss penalties associated with their failure to comply with the franchise. Commissioner Humpert asked what the worse case scenario would be on this situation and Commissioner Koenig answered that it would be revocation of their franchise. There are other more likely scenarios that would involve fines and anyone can come in today and start their own cable system. Satellite companies do not have to follow these rules because they are wireless and do not use the right of way. Judge-Executive s Report Executive Order No. 05-101 Appointment of Rick Kennedy to the Kenton County Sanitation Board for a term expiring December 12, 2006: Judge Drees said a letter of resignation was received from Eileen Harper resigning her position from the sanitation board effective the last date of this month. Judge Drees recommended approval of the appointment of Rick Kennedy to serve the remainder of her term that will be November 1, 2005 through December 11, 2006. Judge Drees read the executive order to the court and said that Kenton County has four members on the board and three are new, and it is thought that someone with past experience would be good to have on the board because of the pending lawsuits. Commissioner Humpert made the motion for the appointment; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
October 11, 2005 Minutes Page 7 Executive Session There was not any executive session called. Adjournment There being no further business to come before the court, Commissioner Humpert made the motion to adjourn with a second from Commissioner Black. The motion passed with the unanimous vote to aye.