KENTON COUNTY FISCAL COURT
M I N U T E S
February 14, 2006, 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 Stacey Hege; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Emergency Management Director Ed Burk; Captain Darren Smith, Kenton County Police Department; Public Works Director Joe Murphy; County Road Engineer Charlie Meyer; Jailer Terry Carl; Assistant County Attorney Brandon Voelker; Special Projects Manager Ralph Bailey; 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 on January 17, 2005. Commissioner Koenig moved for approval with corrections previously given to the clerk with a second from Commissioner Black. The minutes were unanimously approved with the unanimous vote of aye.
Delegations
There were not any delegations to appear before the court.
General Business
Health care savings in the detention center, Terry Carl reporting: Mr. Carl gave a copy of the year-end report for the detention center to the court. The report included a summary of services and savings for the 2005 calendar year. Kenton County was billed a total of $466,366.37 and only paid $190,108.34, excluding the ineligible amount that has to be eventually paid. The amount of time that inmates stay in the hospital has been decreased 2.25 days. The fourth page of the report gives a breakdown of the months, amount of billing, discounts, ineligible amounts, and the amounts that the county has paid. The total savings is $112,690.63 and in this plan that is only for county inmates, the county paid $13.00 per inmate per month. This plan has been a savings and will continue to be a savings for the county.
Commissioner Black asked if the county was tracking the savings for not having as many hospital ER visits because of the triage and other services offered by the county. Mr. Carl said he did not have this number with him but there is a considerable savings in regard to ER visits.
Commissioner Humpert asked the county treasurer if he had the capability to break out the January to December 2005 costs for medical care and prescriptions versus the 2004 costs for medical care. Mr. Frye said this could be manually done and Commissioner Humpert asked if he could please check this out to see how the two years compared. Commissioner Humpert also asked if there was a savings on the pharmacy bill and Mr. Carl said yes that the county has the same pharmacy as the state and we are "piggybacking" off of them as far as costs are concerned.
Judge Drees asked that for this fiscal year, from July 1 until now, where the county is as far as the budget is concerned and Mr. Carl said that we are currently under budget
Commissioner Black questioned if the ineligible amount of $163,567.40 included the paid amount of $190,108.34 the county would still have a savings. Mr. Carl said the discount was $112,000.00. Commissioner Black said that maybe be at the end of the year we may come in a little bit under and not have to add to the medical line for the detention center. Mr. Carl said this would be true unless there are some catastrophic illnesses that would run up the bills.
Resolutions
Resolution No. 06-01
Order of succession for the Kenton County Fiscal Court for the 2006 calendar years, Scott Kimmich reporting: This resolution sets out the line of succession in the event of the absence of the county judge or deputy county judge and the availability to perform their duties. This resolution calls for Commissioner Adam Koenig to serve in the 2006 calendar year.
Commissioner Humpert made the motion followed by a second from Commissioner Black. The motion was unanimously passed with an aye vote.
Resolution No. 06-02
Adoption of the Northern Kentucky regional hazard mitigation plan for Kenton County, Kentucky, Ed Burk reporting: This is a requirement from FEMA and the state took the lead after a number of delays. This was put out to the ADD's as a plan and a guide for the counties and cities for preparation to mitigate in the event of disasters in the future. The goals and objectives are established to reduce the risk of property and life before disasters occur. Kenton County already does a lot of the items included in this resolution.
Commissioner Black made the motion for approval; seconded by Commissioner Koenig. The motion was unanimously approved following a roll call vote.
Resolution No. 06-03
A resolution authorizing, adopting, approving, accepting and ratifying the execution of a grant agreement between the United States of America and Kenton County, Kentucky and the Kenton County Airport Board to provide for project number 03-21-0010-52, Rob Ziegler reporting: This is a letter of intent grant relating to a lot of the projects the airport has been working on and also monies for land acquisition, environmental litigation, foreclosures and relocations. The amount is approximately $19,000,000.
Judge Drees asked if this would be the balance of the money we would get for expansion of runways and Mr. Ziegler advised the runway expansions is what some of the money is for and some is for already completed items.
Commissioner Humpert asked if this would finish the work and Mr. Ziegler said there is probably more money out there. Commissioner Humpert moved for approval; seconded by Commissioner Koenig. The motion unanimously passed with a roll call vote.
Resolution No. 06-04
Authorization for Ivan Frye to sign any and all documents necessary to receive funds bequeathed to the county, Ivan Frye, reporting: This is to designate a representative to receive funds and to sign the documents for the county. Commissioner Black made the motion for approval with a second from Commissioner Humpert. The motion unanimously passed with a roll call vote.
Ordinances
There were not any ordinances brought before the court.
Consent Agenda
Claims List-County Treasurer Ivan Frye: The court received one claims list by fax and the other was presented today. The record should reflect that there are two presented and are listed as claims list one and two, and it is being requested that they both be approved. The claims lists were approved, warrants will be issued and the bills paid.
Administrative Actions
Handout No. 06-08
Discontinuance of a portion of Spillman Road pursuant to the provisions of KRS 178.070, Scott Kimmich reporting: The county has had a request from Attorney Terry Edwards representing property owners on Spillman Road requesting that approximately 210 feet of right-of-way be closed and deeded back to the property owners. The county engineer and public works director have met with the property owners and the land surveyors working on behalf of the petitioners and are recommending that the court proceed with said right-of-way. Mr. Kimmich advised this will require a second reading as it is recommended by staff that this handout be accepted as the first reading of an ordinance. The property will be posted and advertised for closing pursuant to state statute and this will be brought back to the court for the final closure of this right-of-way.
Judge Drees asked if there wasn't more to Spillman Road than this portion of right-of-way. Mr. Kimmich said it is being proposed to go to the end of the county maintained section of Spillman Road and close the remainder of the right-of-way down to the creek and this will be taken off the books.
Commissioner Black moved for approval by summary and title of Ordinance No. 531.98; seconded by Commissioner Humpert and the motion was unanimously passed following a roll call vote.
Handout No. 06-09
Authorize the application for an area development fund grant in the amount of $35,670.00 to be applied for construction of the fire training simulator for all Kenton county fire departments and authorization of the Judge Executive's signature, Ivan Frye reporting: This is the fire training center the county has been working on for a year to get it going. Purchase of the materials has been approved and the county is ready to go out to bid for the construction. While there are area development funds available, there are restrictions on how they may be used, and the county tries to find a project that benefits the majority of the people. Approval is being asked for this grant to be applied to this project because it does benefit all of our countywide fire departments and this will be applied to the construction cost.
Commissioner Humpert made the motion for approval with a second from Commissioner Black and the motion was unanimously approved upon roll call vote.
Handout No. 06-10
Requesting that properties located at 334 Trevor Street, and 635 Watkins Street, Covington, be declared surplus and advertised for sale, Scott Kimmich reporting. These are two parcels of property the county has taken ownership of through the tax process and it is being requested that authorization be given to advertise both of these properties. Once the bids are returned, we will compare the bids with the amounts recorded in the county attorney's office as being the actual cost for the acquisition of the property to ensure the county is not losing funds. A recommendation will be made to the court as to the disposition.
Commissioner Koenig asked if the property on Watkins Street is currently occupied and Mr. Kimmich answered in the affirmative. Commissioner Koenig asked how this would be handled and Mr. Bailey said the owner of the property is deceased and the son of this person is living in the house. The county attorney will be seen today to see how eviction should be started. The other property on Trevor Street is vacant; however, it has fire damage and will probably need to be demolished.
Commissioner Humpert asked if it would make the property more conducive to sale and would allow the county to make more money if the structures were removed and Mr. Bailey answered that he did not think this would help. He said he had gone by the property and there is an organization interested in it called Housing Opportunities that is a 501C3 organization that is similar to Habitat for Humanity. They are interested in getting possession of this building and the vacant lot that is next door to it so they would give have adequate space to build another house. If the county accepts this organization's bid for the property, they would remove the house and the county would not have this expense. Judge Drees said it needs to be researched whether this organization has the money to remove the structures as he does not like to see dilapidated houses in neighborhoods in the county.
Commissioner Black asked if it could be stipulated in the bid that this house has to be torn down within a certain period of time. Mr. Frye said it may improve the value of the property for the county to take it down first. Mr. Bailey said from looking at the exterior the only way you can tell there is damage is by looking at the top and the back of the house. Since we were not able to locate the descendant and if there are other relatives that might be involved, there is the right of redemption for a period of one year from the time the county took over the property. If it is taken down, another relative could come in and take further action. Judge Drees said it should not be taken down for at least a year. Mr. Bailey said if Housing Opportunities becomes the acceptable bidder they are willing to take the property down and wait for one year.
Judge Drees asked for the motion to declare the property surplus and advertise it for sale with additional research being done before any final decisions are made. Commissioner Humpert made the motion; seconded by Commissioner Black and the motion unanimously passed with the aye vote.
Handout No. 06-11
Approval to surplus computers and printers being replaced because of age in information technology; two digital cameras and a rolling desk chair in the detention center; and tasers in the police department, Ivan Frye reporting: Judge Drees asked if the county was not now buying tasers and Mr. Kimmich said the county purchased tasers on a Federal grant. The tasers are so old that repair units cannot be bought for them and they will be destroyed and not put up for sale.
Mr. Frye said that the items on the list can no longer perform the service for which they were purchased. Commissioner Koenig made the motion for approval with a second from Commissioner Black, and the motion unanimously passed with the aye vote.
Handout No. 06-12
Approval of Kenton County Clerk's Office form for budget, cumulative quarterly report and annual settlement for Calendar Year 2006, Ivan Frye reporting: This is a formality that the clerk's report for the end of the year must be recorded in the fiscal court minutes and that is why it is on the agenda to be acknowledged.
Commissioner Humpert made the motion to accept the report followed by a second from Commissioner Black. The motion unanimously passed with an aye vote.
Executive Orders
Executive Order No. 06-08
Request approval of appointment to the Kenton County Public Library Board of Trustees, term expiring September 15, 2009: Mr. John Toelke has served the terms allowable under state regulations. The state has recommended two individuals and the recommendation from the board is that the nomination of Tony Milburn be accepted to replace Mr. Toelke on the board.
Commissioner Koenig made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with an aye vote.
Executive Order No. 06-09
Request approval of hire of Charles Taylor as senior programmer for information technology, effective February 14, 2006: This is a person to replace Mike Sullivan who moved to Michigan. Commissioner Humpert moved for approval with a second from Commissioner Koenig and the motion unanimously passed with a vote of aye.
Executive Order No. 06-10
Request approval of hire of Joshua Ellis as a police officer for the Kenton County Police Department, effective February 14, 2006: Commissioner Black made the motion for approval followed by a second from Commissioner Koenig. The motion unanimously passed with the aye vote.
Executive Order No. 06-11
Request approval of hire of Rick Buster and Jamie Schierer as equipment operators for the Department of Parks, effective February 14, 2006: Commissioner Black moved for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Citizens Address
There were not any citizens present who wished to address the court.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: Nothing further to report.
COUNTY TREASURER-Ivan Frye: Had faxed out a summary copy of the budget to the court showing where the county stands at midyear on the budget. This document is an attempt to simplify a look at the overall county budget. The county is currently on track and as an entire single unit, the county's budget is in good shape and we will achieve estimated revenues. As of right now, the county does not have any significant expense or overrun problems. This is especially true in the areas that are hard to control such as medical, snow, and areas where we never quite know what is going to happen. Revenue for the general fund is all on one page and taxes as is are 81 percent. Today, we are at 92.5 percent having collected 100 percent of the real estate and personal property taxes that was budgeted. The county will achieve the target date on the remaining taxes of vehicle and franchise taxes. All of the other funds are holding their expense lines.
The road fund has a target of 49 percent total but we have received some funds since the end of December and we currently stand at 71 percent of achieved revenue. The road fund is the one that will probably fall slightly short of budgeted revenue. It is also estimated that expenses will be short because this is one that has some of the bond funds and there are projects that will not be completed.
As of today, the jail fund is in good shape. The county will probably exceed revenue, primarily because of the prisoners who are over and above what was budgeted. We seem to always get more visitors than anticipated, so revenue will increase. The county is at 81 percent as of today.
The golf fund is heavier during the beginning of the budget year, July, August and September, and we have the six month period of cold weather, but in April the revenue starts to pick up again. The county is at the point where it should be at this time of the year in order to achieve revenue. Again, the expense side bears watching and the treasurer's office works very closely with Tom Mackie to do this. The request for bids is due next week for the golf carts and, hopefully, at the next meeting there will be a recommendation.
Judge Drees asked how this budget compares with last year. Mr. Frye said he was very comfortable with it at this point and there is nothing hanging over the county's head that we want to achieve, so we are at or above target in revenue and the expenses are where they should be at this time.
Commissioner Humpert said that since we are in relatively good shape and the money is coming in as it should be, at the last area development business meeting it was pointed out that there are some seniors in Kenton County that have been approved for meals on wheels but there are no funds to pay for this service. He asked if he could make a motion to pay an amount of money for the extra meals for the next six months until there is a new budget. Judge Drees asked for the amount and Commissioner Humpert said it would probably be in the $25,000 range. Mr. Frye asked where he had heard this and Commissioner Humpert said it was announced in a meeting of the area development district.
Mr. Kimmich asked for the court's indulgence in bringing this matter back to the court after some additional research. He advised that Mr. Wayne Spiegel is doing an exhaustive review of the money being spent for the cost of these services and the judge and he would like to sit down with him and discuss these services to see what these numbers are and bring it back to the fiscal court.
Commissioner Humpert said it seemed as though the county was in good shape right now to afford some extra meals on wheels. Mr. Frye said the county is also in good shape with this budget line item and there is a juggling problem with who is certified and who is eligible. Commissioner Humpert said these persons were certified and ready to go. Mr. Frye said there is a twofold problem and it has never been money: one is getting certification for the person to go on the list and, secondly, for the senior group to be able to gear up for the transportation to deliver the meals. Both of these things take a certain lag time and the actual funding is at 51 percent today. Mr. Kimmich said he was somewhat perplexed since SSNK who administers this fund has not drawn down the percentage of funds to which they are entitled.
It was agreed that Mr. Kimmich and Mr. Frye would look into this issue and bring it back to the court for their next meeting.
Judge Drees said that on the golf budget, green fees are under the budget and Mr. Frye said the reason for this is that memberships are also in the green fees and memberships are renewed between now and April, so this number will take a big jump by the end of April.
In the COLT fund, HMR and the senior funds are on track, the expenses are on line for projection, and the biggest percentage of money, about 40 percent, comes in April. There is no reason to believe we will not achieve the target this year.
The expense side is presented by department and then by major grouping showing all of the details and percentages. The largest line item in the grouping is election expenses and this is for all of the machines we were required to buy. The rest of the departments are in good shape. The general fund is 44 percent as of December, and on the basis of comparison, we are six percent under on expenses and over budget on revenue. Currently, we are excellent for this budget year, but again we will face hard times when we try to look at our new budget in May.
Judge Drees said he liked the way the report was put together and thanked Mr. Frye for his report. Mr. Frye said he would be doing this on a quarterly basis so the budget can be looked at in a nutshell by the court. The rest of the expense lines are in relatively good shape.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing to report.
COUNTY ATTORNEY'S REPORT-Stacey Hege: Nothing to report.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Thanked the citizens for their participation in the recycling efforts for the animal shelter and encouraged everyone to continue or start if they are not now doing this. She said she also wanted to thank everyone who is working on building the new adoption center and those that would consider leaving monies to the animal shelter to contact the county office or animal shelter to talk to Dan Evans.
COMMISSIONER DAN HUMPERT-Nothing further to report.
COMMISSIONER ADAM KOENIG-Thanked Mr. John Toelke for his many years of service on the library board and that Mr. Tony Milburn will do an excellent job in his stead.
The county will be receiving a $1,600.00 from the cable board for excess fees. The first hearing was held in Federal court with Insight regarding the dispute over the franchise agreement and the board won on just about everything. Hopefully, this will lead to Insight being willing to discuss a settlement.
Judge-Executive's Report
Nothing further to report.
Executive Session
Judge Drees said the court had to go into executive session under KRS 61.810 to deal with proposed litigation and that upon a motion and vote, he would ask Deputy Judge Executive Kimmich to swear in Officer Joshua Ellis as the court prepares to enter into executive session. Commissioner Humpert made the motion to go into executive session; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Deputy Judge Scott Kimmich administered the constitutional oath of office to Mr. Joshua Ellis as the new police officer before going into executive session.
Following the executive session, Commissioner Humpert made the motion to reopen Kenton County Fiscal Court; seconded by Commissioner Koenig. The motion unanimously passed with the aye vote.
Adjournment
Since there was not any further business to come before the court, Judge Drees asked for a motion for adjournment. Commissioner Black made the motion with a second from Commissioner Koenig and the court was adjourned with the unanimous vote of aye.
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Ralph A. Drees
County Judge Executive
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Fiscal Court Clerk
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