MINUTES KENTON COUNTY FISCAL COURT Kenton County Courthouse 5272 Madison Pike Independence, KY Tuesday, March 13, :00 A.M.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 MINUTES KENTON COUNTY FISCAL COURT Kenton County Courthouse 5272 Madison Pike Independence, KY 41051 Tuesday, March 13, 2012 9:00 A.M. Call to Order Judge Steve Arlinghaus called to order the March 13, 2012 meeting of the Kenton County Fiscal Court and called upon Commissioner Sewell for the invocation and to lead in the pledge of allegiance. Present: Judge/Executive Steve Arlinghaus Commissioner Jon Draud, District 2 Commissioner Beth Sewell, District 1 Commissioner Kris Knochelmann, District 3 County Attorney Garry Edmondson Staff: Mark Kreimborg, Deputy Judge/Executive Joe Shriver, County Administrator Doug Bramlage, Acting County Treasurer Brian Capps, Interim Chief of Police Steve Hensley, Emergency Management Director Melanie Morris, Fiscal Court Clerk Approval of Minutes Minutes February 28, 2012 Judge Arlinghaus presented the minutes of the February 28, 2012 meeting for approval by the Court. Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Citizens Address None came before the court at this time. General Business

48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Recognition Dr. Cox-Cruey and Ms.Christi Jefferds Judge/Executive Steve Arlinghaus recognized Kenton County School Superintendent Dr. Teri Cox-Cruey and Piner Elementary Principal Ms. Christi Jefferds for their leadership during the tornado. Claims List March 9, 2012 Acting County Treasurer Doug Bramlage presented the claims list for March 9, 2012 and asked if the court had any questions. Commissioner Knochelmann said I have just one question that ties into the changes you are going to suggest here in a moment, are any of those items on this claims list from the budget adjustments. This is the same claims list we had last week, this is not a new? Judge Arlinghaus replied it s everything and new stuff that flows traditionally through two week period to the next period plus the items that were left off last time. Items were requested to pull until we had more clarification on the issues and so forth. We did that and I think everyone has been presented with an itemized report of all the claims and I don t know if there are any other further questions on that. Commissioner Knochelmann said my question I guess is under the building maintenance, the work we ve been doing, are those on this claims list. Judge Arlinghaus said the remainder of those items are on that list, is that correct Doug? Acting Treasurer Bramlage replied I believe they are, yes. Judge Arlinghaus asked what is the total of those left over items, approximately. Acting Treasurer Bramlage replied left over with everything is approximately $12,240. Commissioner Sewell asked where are they. I actually don t see them. Acting Treasurer Bramlage said wait a minute on the building and construction, is that the one you are talking about? Commissioner Knochelmann said yes sir. Acting Treasurer Bramlage replied I believe that those have not been placed on. Those are not on this list, not on the claims list at this point. Judge Arlinghaus said they were approved already with the last claims list, correct? Commissioner Sewell said part of them. Judge Arlinghaus said I m sorry, they were approved, but we didn t vote to transfer the monies. How did that work?

95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Acting Treasurer Bramlage replied the figures for the amount where not re-entered on this claims list at this time. They re not there. The only thing we have is the adjustment that is coming up. I understand we did not put this on the claims list. Commissioner Draud said I guess I should ask a question here. Judge Arlinghaus said where are we at then? Commissioner Draud said have we already paid these bills with this construction project. What are we going to do with that, because if I were a vendor I would be getting kind of angry here? Acting Treasurer Bramlage said at this time, they are on hold for payment based on the instruction from the County Attorney. Commissioner Sewell said according to this sheet that we have here Doug, does indicate that we did pay some of those cost on the last claims list. They were on that list and the ones that are paid where on the last claims list, correct? Acting Treasurer Bramlage replied yes. Commissioner Sewell said they re still about $12,000 pending according to this and that is in the budget adjustment. Acting Treasurer Bramlage said yes. Commissioner Draud asked is this something we are going to deal with today. Commissioner Sewell said yes. Commissioner Draud replied because I m concerned about these vendors that have done this work and not getting paid. Judge Arlinghaus said I thought we took those remaining items on the last claims list. Acting Treasurer Bramlage said yes sir, we did. Judge Arlinghaus said I thought we approved the claims list with those statements on there but we turned down the payment. Acting Treasurer Bramlage replied we turned down the request for the adjustment. Judge Arlinghaus said yes for the adjustment. Acting Treasurer Bramlage said yes, sir that is correct. Judge Arlinghaus asked do we need to submit those for the claims list again.

142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 County Administrator Shriver said you can t take the bill out of the account if the money is not there and that s the practical issue that we are dealing with right now. Transferring the funds into the account in order to make those payments. Judge Arlinghaus said so the question comes down to transferring funds which is in our next Resolution. County Administrator Shriver said yes. Commissioner Knochelmann asked and then even if that were to be approved it would be on the next claims list to be paid. Acting Treasurer Bramlage replied I think they were already on the claims list from the previous time. We had requested that there was a Resolution to make an adjustment for those funds. The claims list was approved but the adjustment was not approved. Commissioner Knochelmann said gotcha. Judge Arlinghaus said so we do not need to submit those for an additional claims list. We still just have to deal with the issue of payment. Acting Treasurer Bramlage replied I believe we do not have to because they have been submitted and accepted but not approved for the Resolution. Judge Arlinghaus said right. So for the purposes for this claims list those items are not on this particular claims list. No other questions on this claims list. Kenton County Tornado Relief Fund Judge Arlinghaus discussed the press release he issued on March 5, 2012 regarding the Tornado Relief Fund that had been setup for the citizens in the south end of the County. The account has been set up at Huntington Bank. The people in charge of the account are through the Piner/Fiskburg Fire Department with their Treasurer and their Fire Chief Association. Kenton County could not legally administer the funds from this account. Commissioner Sewell asked how long they would be collecting the funds. Judge Arlinghaus replied the representatives from Huntington Bank said the average time they generally do is approximately 45 days. They can do it longer or do it shorter. Commissioner Draud asked how do they distribute the money. What is the procedure? Judge Arlinghaus said the criteria would be met by the folks that are the volunteers that will be handling the fund with the Fire District. NKAPC Martin Scribner, Deputy Director of Current Planning

189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 Mr. Scribner from NKAPC addressed the court regarding storm damage and process for homeowners. He stated he had an updated rapid needs assessment map that will be presented to the county later this afternoon. This is mapping of the area where the tornados came through. NKAPC has waived all the permanent fees related to repair and rebuilding of the structures that were damaged during the storm. Many of the structures might have some zoning issues and many of the structures might be classified as non-conforming by the County zoning code. Section 9.12 of the Kenton County zoning code specifically deals with non-conforming lots uses, structures and signs. The code basically says in all cases a Board of Adjustment Public Hearing is needed to terminate a non-conforming use or structure. The determination is regardless the condition of the building that the use of the structure terminated until the hearing is made. The building and zoning permit applications should be the trigger to send them to that BOA hearing. Resolution No. 12-11 Board of Adjustment Hearing Judge Arlinghaus presented Resolution 12-11 - A Resolution of the County of Kenton, Kentucky affecting non-conforming uses in the March 2, 2012, natural disaster impact area. Commissioner Draud made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Resolution No. 12-12 Requesting NKAPC to Stay Enforcement of any Code Violations for Next 90 Days Judge Arlinghaus presented Resolution 12-12 - A Resolution of the Kenton County Fiscal Court requesting that the Northern Kentucky Area Planning Commission and the Kenton County Unified Code Enforcement Board place a ninety (90) days stay on all code enforcement violations reported within the disaster declared area of Piner in Kenton County. Mr. Scribner said NKAPC handles the zoning code enforcement for the unincorporated County. This deals with debris and trash and things of that nature. Anyone can make a complaint regarding potential zoning violations and we need direction from the County for a timeline. Appropriate timeline would be 90 days and would be lenient. Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. NKAPC Electrical Inspections

235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 Mr. Scribner from NKAPC addressed the court regarding Kenton County Fiscal Court opting out of Electrical Inspections in unincorporated Kenton County. The court has requested for Dennis Gordon to attend the next meeting for discussion regarding using Kentucky electrical inspectors or have Kenton County do the inspections. Resolution Resolution No. 12-01-E Judge Arlinghaus presented Resolution 12-01-E A Resolution for the Kenton County Fiscal Court concerning fiscal year 2012 budget adjustments. Commissioner Knochelmann asked if the court could vote on each item separately. Commissioner Sewell said she would like to discuss each one and take each one separately as well. Judge Arlinghaus said lets go through them. Which one do you have questions about? Commissioner Draud said on the bills you mean? Judge Arlinghaus said on the transfer of the funds, from one account to another. Commissioner Sewell said I had a chance to talk to Doug a little bit about this yesterday but wasn t completely aware that the payment and the transfer of the budget adjustment for the special projects was going to go on here for the remodeling and I think we just got that this morning. Doug, have we completely zeroed out all the building maintenance accounts to this point so that we have nothing we could Acting Treasurer Bramlage said it s not completely zero, but its pretty close. We had like $1,598 left over in that account, in the building and construction account. Judge Arlinghaus said building construction, yes. Commissioner Sewell asked and the buildings and grounds has been completely zeroed out too. Building maintenance and supplies we have just a small amount in there as well. Acting Treasurer Bramlage replied I had yesterday or the day before like $14,000 in that account. Judge Arlinghaus said we took $12,000 out of that account a couple weeks ago to pay utility bills. Commissioner Sewell said I remember that. So we have no other account that we can pay utility bills out of in the admin budget. Acting Treasurer Bramlage said that is correct. We tried to secure that..

282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 Commissioner Sewell said so that s what is forcing us to take it out of reserves then? Acting Treasurer Bramlage said from the previous conversations we ve had the two times I have been together with the Commissioners that comment has came up about utilities. I thought it be best to go back and get what was paid previous years in the same period instead of each month we come here and ask for adjustments, get a total estimate based on the previous year which was a colder period of time. That way we could have some direction as to an amount. The amount I came up with was based on actual information from Duke. I did discuss that with Commissioner Knochelmann to present that to him and it would be his understanding as well, it would be good procedure to follow. Commissioner Knochelmann replied and actually context wise again, I think for it to be taken out of reserve is lousy we have to take it out. In reality we budgeted this year about twice as much than in our previous financial statements for utilities for that building and that line item for the courthouse. Reality was, since the jails moved out we ve got real numbers that are just saying we know to heat and cool that building is very tough, you ve got those other floors that we can t cap off. In reality we put more money in it but the previous numbers was effectively a guestamation of utility to run the jail and how much it was operating the cost of the courthouse. I think that s the balance of it. I think making the adjustment for the rest of the year is smart in realizing that its one of those other reasons why, and I know the Judge is working it, to try and reduce the utilities and make sure we have good planning for that building. The challenge is we ve got a building that is tough to heat and cool when you are only using half of it. Acting Treasurer Bramlage said I think what the issue was when I looked at the previous year s budget and this year s budget, while we did reduce the total budget by $30,000 or $32,000 based on the fact that the utilities would go down with the assumption of the jail being out of there. We were short then because of those funds. After looking at it, I thought just present it the way I see it. Commissioner Knochelmann said assuming. Commissioner Sewell stated the unfortunate side of this though is that because we ve done $25,000 remodel project it has tapped out accounts that we would have possibly used to pay utilities out of. I think I m understanding that correctly, because we did transfer money out of building supplies to cover utilities earlier. Unfortunately, this project is going to force us to tap more of our accounts, our special projects account in order to cover that. How much is left in special projects after that Doug. Acting Treasurer Bramlage replied special projects again, I didn t look at it when I came here but I m guessing that s still around $10,000, $12,000. It was $22,000 prior to that. So we had a $22,000 figure and there may be some other expenses since that period of time that s come through not relating to the remodeling just normal expenses that we. Commissioner Sewell said the budget was approved for these line items, in my mind, to take care of the necessities for this year not extra s. Now we are being forced to have to go into savings in order to pay necessities which is our utilities and that s unfortunate.

329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 Acting Treasurer Bramlage said well, part of that problem is related to that payroll adjustment. That was a major hit on that account and no one expected that I believe. That definitely took out $49,000 out of that account. Judge Arlinghaus said and that money should have never come out of that account in the first place. There would have been sufficient funds in the special projects accounts. Again, we can argue why it was taken out that account in the first place. As it was explained to me, as what has been the policy of this County s Treasurer s Department for the last several years, is if there is a line item that is not sufficient with funds the policy has been to draw the money out of all funds related to that particular and in this case the Covington Courthouse. There are about 15 or 20 line items associated with the Covington Courthouse. The policy in the past has been to draw all the monies out of that. Well if we had done that with just the utility bills alone we would have bankrupt every account in there. They would have all been deficient had we had continued to do it in that trend. We can t do that obviously. As it has been pointed out to us, it was wrong to have taken the money out of special projects to pay benefits from the two individuals who left who had. County Administrator Shriver said departure pay. Judge Arlinghaus said departure pay. Commissioner Sewell said can we say that it was wrong. I mean I don t know where else we would have taken it from. I mean there was no other sources of where we could have drawn that out of I don t think. It was really the fluff account. Judge Arlinghaus said there should have been a line item relative to wages and benefits. They use to have a line item for such an account Commissioner Sewell said but we didn t this year. Judge Arlinghaus said they deleted it a couple 3 years back or so. Commissioner Knochelmann said actually I think you are right. I think, generally speaking, the stuff that goes into that miscellaneous account isn t a good system that we have been using. We should have it show retirement effectively or benefit package. I think we can fix that for the future. Judge Arlinghaus said we will address that for the next fiscal year s budget. Commissioner Knochelmann said my only question, one question one point, the third one there the 4884 is work that has been done or is it additional stuff that you are wanting to have done? Acting Treasurer Bramlage replied it s an adjustment for the account. I think. Commissioner Knochelmann said is that something that has already happened?

376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 Judge Arlinghaus said that is for the service contract for the maintenance of the building, service contract with Trane Heating and Air. In the past, we have used Carrier and they had a contractual agreement of about $10,000 and we were able to get $10 or $12,000, whatever it was, we were able to get a better deal worked out with Trane Heating and Air. Commissioner Knochelmann said we re increasing that line, that s what I m trying to figure out. Judge Arlinghaus said that is the amount that needs to be paid to cover that coverage. Acting Treasurer Bramlage said it s my understanding, listening to the maintenance individual; he reviewed the contract with the previous contractor and with the current contractor. It is a reduction of our cost of the particular contract but it is still part of the cost that had to be paid at this point. The actual adjustment is going to be less for the overall contract. Commissioner Draud said if I could make a suggestion and I understand that the philosophical discussion here about the budget situation and I think improvements can be made and will be made. If I were a vendor and I think Kris you would feel the same way and Beth would feel the same way, you would like to get your money. Regardless of this discussion among the members of the Fiscal Court and the Judge, I think the bottom line we need to pay our vendors and then whatever improvements need to be made, and then make them for next fiscal year. Let s get this over with and pay the vendors. Commissioner Knochelmann replied Jon, with all due respect, I was just asking some questions and I have been bringing some questions. Commissioner Draud said well, we didn t pay them last month and I think that was unfortunate and I think they should have been paid and I think you would like to be paid to for services that your company did $4 - $5000. You don t care about the discussion with the Fiscal Court and the County Judge you just want your money. Commissioner Knochelmann said true. They will have to be paid. My question is, I think the issue becomes an issue, that I haven t had a chance to ask yet. Garry, this issue of approvals, processes and I had asked the Judge to hold this off so we could discuss this issue, but I would like to make sure. County Attorney Edmondson replied we are talking again the expense for the remodeling? Yes, that s the issue I am researching and the issue is whether or not there is a contract approved by the Fiscal Court for that work. I have instructed the Treasurer under my authority not to pay those charges at this time until I can clear that up. The County Attorney has the authority to object to payment of any bill that the County Attorney feels is inappropriate. At this point time, I have decided that it is until I can look at it further. Commissioner Draud asked so do you think it is inappropriate to pay the vendors? County Attorney Edmondson said I think it is inappropriate because I m not sure that the Fiscal Court ever authorized those contracts.

423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 Commissioner Draud asked well what about the Fiscal Court approving it. County Attorney Edmondson said if the Court wants to approve them, they can. Commissioner Draud said that s all I m suggesting is the Court should approve it so these people get paid instead of worrying about all these technicalities. County Attorney Edmondson said you can do that. Commissioner Sewell said I think what should have happen in a perfect world, and I think Commissioner Knochelmann said this a couple of meetings ago, was that if we had planned for this and put it in next year s budget there would have been no question of cost and we could have looked ahead to this, but we did not do that. I feel like there has been a lot of sneaking around about it. Our Treasurer, former Treasurer there was some issues there that still haven t been resolved. I m just not comfortable with it until we resolve all of these issues. I m not comfortable voting for it today. I m not sure how that works out Judge, you may have to pay this out of your bond until we get to 2 ½ months and we can factor back into the budget and we can reimburse you. I m not sure, but I m not comfortable with this at this point. I m sorry to the vendors. Commissioner Draud said if I was a vendor and you owed me this money, I would bring a lawsuit against you. Commissioner Sewell said well, they ll get paid. County Attorney Edmondson said that s what might happen. Commissioner Draud said then we waste a bunch of money with legal issues. Commissioner Sewell said there s a lesson to be learned. Commissioner Draud said you know the lesson to be learned? Commissioner Sewell said to plan ahead and to ask for Fiscal Court to approve it before you do it. Commissioner Draud said well that may be one lesson, but the other lesson is for people to have a little common sense and let bygones be bygones. If you think mistakes were made.. Let me finish please. If you think mistakes were made, correct them instead of holding up money for vendors that have already done this work. We ought to just pay them and then list all of our complaints and whatever we have done that s wrong, just humble pie and all that kind of stuff. You know we ought to pay these people and move on. That s what I think. I ll make the motion to that effect that we approve these claims or whatever they are. Commissioner Sewell said we asked that each one of them be taken individual, Jon. So I think that we have to go through and approve them.

470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 Commissioner Draud replied each what, each vendor? Commissioner Sewell said no each claim, each adjustment on here we need to vote on then individually. Judge Arlinghaus said there is already a motion on the floor. County Attorney Edmondson said what Jon was saying is that you want to short circuit that process about the adjustment and simply authorize the retroactively the construction work and pay the bills for the remodeling for some $12,000. Commissioner Draud said I like to make a motion to pay these vendors. Commissioner Sewell said that would be specifically addressing this one budget adjustment. County Attorney Edmondson said that s where the money is going to come from. Commissioner Draud said yes, that is where it s coming from. County Attorney Edmondson said you ve got to resolve that later, but first he s making a motion to approve the construction work that was done in the amount. Judge Arlinghaus said the motion is to approve Resolution 12-01-E which covers all the transfers for several line items in there. That s what the motion is. Commissioner Draud said Kris has a comment. I would think this would be something that could be approved. This isn t showing much cooperation with people. It makes no difference in one way or another; it just makes us look bad. It makes us look like petty people. Commissioner Sewell said it s not the intention Jon. I m trying to be a good steward with tax payer s dollars. Commissioner Draud said I know it s not the intention. I m telling you with tax payer s dollars they re not going to want to get a lawsuit involved over paying a vendor for the work they did. Commissioner Sewell said I don t think we are going to get to that point. I think we can resolve it before then. Commissioner Draud said I don t know. several months now and the work has been completed. I ll say what I said before, I think Kris you would like to be paid with your company with the same conditions and if you think that whatever issues are involved with the Fiscal Court or the governing body they need to resolve those but they need to give you your money. Now that s about a practical as I can say it. Judge Arlinghaus said we ve got a motion and a second.

516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 Commissioner Draud said wait a minute Kris wants to comment. I m interested in hearing his comments. Commissioner Knochelmann stated very simply, absolutely, I would personally go on the record and I ll even say personally these contractors are going to be paid if I had to pay them out of my own pocket. We are going to get them paid. The issue is that I brought up and I said this to the Judge yesterday, that we have the County Attorney, whose out of town, we have a discussion about approval process that has been going on for over a year about how we approve purchasing, how PO s are generated and how that process is handled. I would like to see us discuss that, get clarification because we have some disagreement and state law as to how this works. Thirdly, I suggested to the Judge yesterday, why don t we just hold off today, allow Garry to come back into town, have an actual discussion which we have not been able to do. I personally offer that we could come back in a day or so, and we can make a quick meeting and we could have these guys paid once we get this resolved. I am not convenienced that our process, it has nothing to do with this Judge or this project in particular, it has to do with the big picture about our purchasing process that we need to put the screws in and figure out how we are doing that. It s not issue about getting them paid or not. These individuals whether it be one way or another are going to get a check. Commissioner Draud said what I m suggesting is that we go on and pay the people and then deal with your issue. What s wrong with doing that? That seems to be the simplest way to do it. We re not saying don t deal with the issues you are talking about, I m just saying pay them first and then deal with the issue. Commissioner Knochelmann said it has been ignored for a year and if this is one thing. Judge Arlinghaus said hold it Kris, you said it has been ignored for a year and if this is one thing Commissioner Knochelmann said it has. Judge Arlinghaus said just let me chime in here. You brought this same topic up yesterday and did I not agree that we will thoroughly review the purchasing policies of this County. Did I not agree with that? Commissioner Knochelmann said yeah, you did. Judge Arlinghaus said Okay, I did. So you know that we are going to do that. You will be incorporated into that assistance process to make sure that we do it in accordance to what you are comfortable with, but we ll also have an accounting firm to help us to evaluate the process. Now, the process being said, Steve Arlinghaus didn t create this process. I know back to our research, Joe, what was the year that we first. County Administrator Joe Shriver replied I just looked up purchasing authority and Garry and I have had discussions about this issue for the last couple of weeks just stating what the Fiscal Courts process. I went back even before I was still at the jail. In January 12, 1999 the Treasurer at the time, Ivan Frye, discussed the process of purchasing authority and how things were

563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 handled and I supplied the Judge with those minutes of January 12, 1999. That process had been placed, up till now when we found statutory issues, if that s the best way to describe it Garry, that we are reviewing to make sure those processes are in compliance with the issues that Garry has developed and discovered. Going back, this has been the process as far as purchasing authority and the Fiscal Court in 2001 changed the bidding limit to $20,000 to match state law at that time as well. This wasn t anything that developed and Commissioner to your point, I have heard you for the last five years talking about purchasing process and issues. Prior to our Treasurer leaving, we did start to develop that. Again, Garry in just seeing that draft a couple meetings ago has some issues with what was developed at that time. The process that was used in this does mirror and match the things that have been done in this County since at least 1999. I just want to state that, he asked me to look it up, I found that in the minutes, I found in Ordinances and I found it in process. Commissioner Knochelmann said the issue is though, it has not been. It has been, if dollars are spent out of an account and there s no money to spend, that has not been the process for County to spend those funds over that limit. That s the problem and therefore if this is the time to allow for us to get into that discussion about why and how, for me it becomes a hot item that suddenly becomes up to the top of the list. Anything that we do as a Fiscal Court is to manage in flow and out flow of expenditures of funds and I take that very seriously and all I said was; now we ve got someone s attention. I don t want to lose that attention. Judge Arlinghaus said great, you ve proved your point. Okay. Commissioner Draud said we ve got motion and a second, let s vote on the issue and move on if we can. Commissioner Draud made the motion for approval; seconded by Judge Arlinghaus. The motion failed 2-2 with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, no, Commissioner Knochelmann, no, and Judge Arlinghaus, yes. Resolution No. 12-01-E Judge Arlinghaus presented Resolution 12-01-E A Resolution for the Kenton County Fiscal Court concerning fiscal year 2012 budget adjustments. Commissioner Sewell asked so now all of these transfer s will not occur. Judge Arlinghaus said that is correct. County Attorney Edmondson said you can make a motion to try approve some of them. Commissioner Sewell said let s do that. I make a motion that we approve the transfer s except the building construction special project transfer. Commissioner Draud said well I don t know how I feel about that. I haven t really thought about the whole process, really. Maybe I need to think about it for 3 or 4 months before I can make a decision about it.

610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 Commissioner Sewell said although the utilities just won t get paid during the process. The others are not that. Commissioner Draud said one vendor feelings are just the same as another vender. I ll vote no. Makes us look foolish. Judge Arlinghaus said I vote no. I have to express my disappointment. I think I have offered to compromise this problem regarding the policies and I m showing some good faith effort to you Kris to try to do that. You ve made it an issue; you ve made it an issue for the last 5 years. Apparently, you said you made the same issue with Judge Drees and he took no action on it and I think to hold me hostage like this is just a shame. Again, the policy has been this way since 1999 and all of a sudden now it becomes a problem. Commissioner Knochelmann replied Judge, to be fair I had a question about the adjustments that occurred over the weekend and I got with Doug this morning. Yesterday when I met with you I suggested hold that off for a day or so we ll get it resolved and get the questions answered, which I would still like to have a one on one conversation with our County Attorney which I have not been able to do. You said we ll have to wait a whole other meeting and I said if you just simply do that we ll call and I m sure one of the other Commissioners would run down and I would run in a moment s notice and we ll get them taken care of and get them cut. That offer is still on the table. I think we can get that resolved, maybe even later tomorrow morning or tomorrow afternoon. I would like to have that discussion, that s all I ve asked for Sir. Judge Arlinghaus replied I handed you the copy of the ruling by the Department of Local Government. They agreed that I was within my right to do things the way I did. It was not that Steve did something out of the ordinary. Again, I m not looking to beat the law or try to sneak around that has been suggested. Commissioner Sewell said no, that s not what I suggested. Judge Arlinghaus said stated we have an office building that is in dire need of some improvements. We tried to make things better and tried to improve their working environment and if we did a mistake by doing that, then shame on me. You know what, I care about other people. To sit there and badger about this whole thing is ridiculous. Commissioner Sewell replied Judge; you know I ve heard you say that a couple of times, but the employees down there who ve communicated with me would have rather had the money put into a raise. I mean you can sing that song as much as you want but it s not relevant. What we should have done, if you wanted to do it, was to plan for it and we didn t do that. I have another very specific question. No I ll save it for the meeting we have for when we talk about the purchase order. Judge Arlinghaus said so the Resolution 12-01-E dies for lack of support and other dies as well. We can always come back and call that Resolution in two to three days. Whatever works for you?

657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion failed 2-2 with a roll call vote of Commissioner Draud, no, Commissioner Sewell, yes, Commissioner Knochelmann, yes, and Judge Arlinghaus, no. Resolution No. 12-09 Contractor Registration Program Judge Arlinghaus presented Resolution 12-09 - A Resolution of the County of Kenton, Kentucky, to establish an Emergency Contractor Registration Program to prevent fraud and other unscrupulous behavior in those areas of Kenton County designated by FEMA and/or the Commonwealth as Disaster areas. Commissioner Draud made the motion for approval; seconded by Commissioner Sewell. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Resolution No. 12-10 Contractor Registration Program County Administrator Joe Shriver asked for this Resolution 12-10 to be removed from the agenda. Ordinances First Reading Ordinance 225.62 ALPLA Inc. Judge Arlinghaus presented for first reading Ordinance 225.62 - An Ordinance of the Kenton County Fiscal Court, providing for a credit of its Occupational License Fee for new employees as part of an Economic Development Project by ALPLA Inc. under the Kentucky Business Investment (KBI) program (KRS 154.32-010 KRS 154.32 100. Commissioner Knochelmann said if we could down the road is have a discussion about the overall future policy on that is consistency, I think. Similar to what we had with the City of Covington recently, which I supported for the tax rebate for lack of a better term. One of the things that we make sure we are able to discuss ahead of time to have an incentive in Kenton County this is the parameters and these are the updates of where we would like to draw those individuals in. I would like to see us have that discussion opposed to one on one coming in to us. I know we have supported these things in the past and it s great to bring those jobs in. Judge Arlinghaus replied it s mostly through the State incentive package. There same similar percentage benefit to every company that comes to Kentucky. The difference would be how much will the City that they are locating into and the County contributes to that percentage. It s so the state of Kentucky doesn t have to pay the whole thing. What I have done in the past with various cities is if a City offers a 10% break on their payroll taxes, for example, I would also offer a 10% credit from us on occupational license. So I would match their numbers so that we were proportionally the same on the percentages. Obviously, payroll taxes they get quite a few more dollars than we get from the occupational license and just the way it is distributed as well. Second Reading will be on April 10, 2012.

704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 First Reading Ordinance 532.08 Judge Arlinghaus presented for first reading Ordinance 532.08 - An Ordinance amending Chapter 95 of the Kenton County Code of Ordinances regulating streets and sidewalks in unincorporated Kenton County and to require the repair of unsafe sidewalks. Public Works Director Chris Warneford stated this came to our attention working in a subdivision that it was apparent we didn t have an Ordinance addressing the maintenance and up keep of sidewalks within the right-away on basically county streets within the subdivisions. It is keeping with a number of cities around and Boone County s Ordinance. I referred it to the County Attorney s office for review and this is the document which turns over the responsibility of the upkeep and maintenance of the sidewalks to the homeowner. Judge Arlinghaus asked has this been drafted by our County Attorney? Public Works Director Warneford stated yes. County Attorney Edmondson replied it raised substantially from Boone County. Second Reading will be on April 10, 2012. Consent Agenda Interlocal Agreement Kenton, Boone, Campbell, Pendleton, Grant, Gallatin Exhibit 12-16 Approve second amendment to the Interlocal Cooperation Agreement between the County of Kenton, Kentucky, the County of Boone, Kentucky, the County of Campbell, Kentucky, the County of Pendleton, Kentucky, the County of Grant, Kentucky and the County of Gallatin, Kentucky, the Boone County, Kentucky, Sheriff, the Kenton County, Kentucky, Sheriff, the Campbell County, Kentucky, Sheriff, the Pendleton County, Kentucky, Sheriff, the Grant County, Kentucky, Sheriff and the Gallatin County, Kentucky, Sheriff for reciprocal law enforcement jurisdiction within the Counties. Treasurer s Bond Exhibit 12-17 Approval of the Kenton County Treasurer s Bond. Fleet Fuel Card Exhibit 12-18 Judge Arlinghaus asked for this to be removed from the agenda.

749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 793 794 795 Commissioner Draud made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Executive Orders Various Golf Course Employees Kenton County Golf Course Judge Arlinghaus presented Executive Order 12-20 B An Executive Order relating to the Kenton County Fiscal Court approving the appointment of various golf course employees for the Kenton County Golf Course. Commissioner Knochelmann made the motion for approval; seconded by Commissioner Sewell. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Sinclair (Resignation) Property Maintenance Judge Arlinghaus presented Executive Order 12-21 - An Executive Order relating to the Kenton County Fiscal Court approving the resignation of Gary Sinclair as Director in the Kenton County Property Maintenance Department effective March 31, 2012. Commissioner Knochelmann made the motion for approval; seconded by Commissioner Sewell. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Board Appointments Kenton County Parks Department Judge Arlinghaus presented Executive Order 12-22 An Executive Order relating to the Kenton County Fiscal Court approving the appointment of Brian Halloran, Steve Preston, Mark Reitzes and Adam Davey to the Kenton County Parks and Recreation Board with term expiring on February 1, 2015. Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Jason Eubank KC Parks and Recreation Judge Arlinghaus presented Executive Order 12-23 An Executive Order relating to the Kenton County Fiscal Court approving the appointment of Jacob Eubanks as a seasonal worker to the Kenton County Parks and Recreational Department. Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes.

796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 Johnna Reeder Tri-ED Board Judge Arlinghaus presented Executive Order 12-24 - An Executive Order relating to the Kenton County Fiscal Court for the appointment of Johnna Reeder to the Tri-ED Board to fulfill an unexpired term to expiring on June 30, 2013. Commissioner Sewell made the motion for approval; seconded by Commissioner Knochelmann. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Kenton County Emergency Contract Registration Program Judge Arlinghaus presented Executive Order 12-25 - An Executive Order relating to the Kenton County Fiscal Court to establish the Kenton County Emergency Contract Registration Program. Judge Arlinghaus stated the purpose of this whole order is to work with the Home Builders Association to establish a process in which contractors wishing to do work in the south end of the County. Apply, if you will, through the Home Builders Association through an application fee of $50 and they will research that individual company and provide them a certificate that they will be able to use and take out in the south end of the County to have on hand when they talk to the home owners out there. This is to prevent, again scammers from coming in or taking advantage of the folks in the south end of the County, especially at this time where things are with devastation. The contractors need to apply with the Home Builders Association and home owners need to be looking for a certificate with authenticity from the Home Builders that those individuals will have to do any work for them. We are trying to protect them as best as possible and that is one of the things we felt was necessary. County Attorney Edmondson stated we are also looking at the possibility of trying to put together a program Saturday afternoon. Did Joe get a chance to talk to you about that? Maybe Saturday afternoon out at the Agriculture Extension Office with our office, FEMA, Area Planning Commission, Home Builders and others that might pull together to do a presentation for any of the effected property owners. We are looking to maybe get a postcard out to them and get announcements out to them generally that we are going to have it. They can come there and pick up their information and get those kinds of details and so forth. Hopefully, Saturday afternoon. Judge Arlinghaus replied I might suggest for whatever reason because of such late notice if that doesn t go over very well that perhaps when FEMA does get established at the Goshen Christian Church it might not be a bad idea perhaps we set up a station there for your office to perhaps to address issues of concern that people might have. At this point and time you are talking about Kenton County Co-Op Extension Center on Marshall Road, Marshall & 16 and this coming Saturday (03/17/12) at what time. County Attorney Edmondson replied tentatively 2 4. The Planning Commission has the capability of identifying all those property owners and we will get them an actual notice.

843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 Commissioner Knochelmann made the motion for approval; seconded by Commissioner Sewell. The motion unanimously passed with a roll call vote of Commissioner Draud, yes, Commissioner Sewell, yes, Commissioner Knochelmann, yes; and Judge Arlinghaus, yes. Administrative Reporting Emergency Management Director Steve Hensley Emergency Management Director Steve Hensley addressed the court regarding the last Presidential Declaration of Porter Road and Conley Road projects. We have been working with Doug in the Treasurer s office, Rudy has been helping us and we have been in communication with people in FEMA and the people in Frankfort and they have not received a lot of information that is necessary for enclosure to these projects. Fortunately, we were able to find the information in files in the Treasurer s office thanks to working with Doug. We have now assigned Rudy; he has been working on the Porter Road project we are trying to find out about the extension on the Conley Road project. We have determined that the funding we ve received up to this point is for the small projects that don t require the additional paperwork. We have received, I believe, about $63,000 in funding for the small projects and we should be entitled to about $230 - $240,000 reimbursements for work that has been done on those projects. This is relative to the current disaster, Roger Wells was able to obtain a grant for $50,000 and he hand carried it to Frankfort and I think that money has come back from the Commonwealth of Kentucky for collecting of debris associated with the recent disaster. They have already collected over 40 of the large dumpsters and deposited them and they have 40 more deployed in the field. He anticipates we have spent close to $30,000 to this point of that $50,000. That project is going to carry on. Public Works Director Chris Warneford This is update of what we have spent so far since Friday night. We have spent $51,418.04 and that s not including the City of Covington time. We have a number of other Departments that lend us a hand that we have to account for their time. This will eventually climb of course higher as the week goes on and we continue the cleanup process. Emergency Management Director Steve Hensley We have a threshold of half a million dollars that we have to be able to prove that we have spent, its $520,000 and change. Unless we spend that amount of money we will not be entitled to any reimbursement through FEMA if we don t arrive at that threshold. They are using the new census and the calculation factor is like $3.07 per capital. Unless we get over that threshold we will not qualify on this event. The last event it was pretty easy because of the damage to the infrastructure. This event is mostly debris removal, cleanup, equipment cost and personnel cost but it s only overtime. We will continue to work with the cities and see what we can come up with. It doesn t look terribly promising so I don t want anyone to have unrealistic expectations that we are going to get over that threshold.