KENTON COUNTY FISCAL COURT

M I N U T E S

JANUARY 9, 2007, 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, Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Police Chief Ed Butler; Public Works Director Joe Murphy; County Engineer Charles Meyers; Jailer Terry Carl; Special Projects Manager Ralph Bailey; Sheriff Charles Korzenborn; Sheriff's Office Comptroller/Manager Dick Searles; County Clerk Rodney Eldridge; Assistant Public Safety Director Kirk Rinehart;  Assistant County Attorney Stacey Hege; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

The invocation was given and pledge of allegiance led by Commissioner Dan Humpert­­­­­­­­­­­­­

Approval of Minutes

Judge Drees asked the court for approval of the minutes.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann.  The motion was unanimously approved with the vote of aye.

Judge Drees said that before the court goes into its business meeting, he wanted to announce that there is nothing on the agenda today regarding the detention center.  Once we get through the business part of the fiscal court meeting, the persons who signed up will have a chance to speak to the court on whatever subject they wish to address.  A website will be set up that should be available sometime late this afternoon or early tomorrow morning to answer some of the questions.

Maybe the most important announcement to be made today is that at the next meeting, January 23, there will be a business meeting and the court will move on to one of the schools where there will be a public forum with information for the public and persons can make their comments known.  Meanwhile, please look at the website and this will, hopefully, answer some of your questions and you will be more knowledgeable at the next meeting.

The location of the school will be announced once that contact is made.  The website address is www.kentoncounty.org.

Delegations

General Business

Executive Orders No. 07-01 and 07-02 outlining responsibilities of Kenton County government and the Erlanger Fire Department Technical Rescue Team and Ryland Heights Rescue Squad, respectively:  Mr. Kimmich said this is an affiliation that the fiscal court is being asked to recognize these two entities for the roles they will play in rescue and technical assistance in the event of an emergency with the county's department of homeland security.  This affiliation allows that if either of these two units is called into action they will be able to recover funds from the U. S. Department of Homeland Security and the Commonwealth of Kentucky.

Judge Drees asked for a motion for approval whereupon Commissioner Knochelmann made the motion; seconded by Commissioner Humpert.

Commissioner Humpert asked why it was only for Erlanger and Ryland Heights and Mr. Kimmich said it was because of the specialization of services provided.  Erlanger has a team that is specifically trained to go in and remove people from harmful situations.  Ryland has special training in the recovery process of finding individuals who may have lost their lives in a rural setting.

The motion unanimously passed with the vote of aye.

Authorization to take bids for demolition of Latonia Lakes city building, Scott Kimmich reporting:  Judge Drees said Latonia Lakes is not a city anymore so all of the property reverted back to the county.  Mr. Kimmich said he and the county attorney did go to Latonia Lakes on their last day in business and received the keys to the building.  The public works director and county engineer have been on site and it is clear given the condition the structure is in today, that it is in the best interest of the public to have the building demolished so it is being asked that this building be declared surplus and have it demolished without delay.

Commissioner Humpert made the motion followed by a second from Commissioner Voelker and the motion was unanimously passed with an aye vote.

Authorization to proceed for sale of vacant property in Latonia Lakes, Scott Kimmich reporting:  Attorney Edmondson said the motion should include that this be declared excess property and to authorize the Judge Executive to sale the property.  Mr. Edmondson said there are about 10 lots and his office completed the title search yesterday and some properties are together and others are scattered throughout the area.  The lots are in the city's name and these could be sold and put back on the tax rolls.

Commissioner Knochelmann asked how much of the property is together and Mr. Edmondson said the largest site is the city building which is about six to seven lots.  These are like 25 foot lots and are very small.  It was subdivided as a summer retreat-camping type place and subsequent to that was developed into a city.  There are other lots that are scattered and one is a playground that may or may not be suitable for that.  Mr. Edmondson said he could get a copy of the title report and Commissioner Knochelmann said he would like to have a copy.

Commissioner Humpert made the motion to proceed for the sale; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.

Authorize Judge Executive Ralph A. Drees to enter into and approve attached letters of engagement with Peck, Shaffer & Williams to perform duties of bond counsel and Seasongood & Mayer to perform duties of financial advisor, Ivan Frye reporting:  This is to get two experts under contract for the county to reissue the courthouse bonds that will come later on the agenda.  Judge Drees asked if they were qualified for this issue and Mr. Frye answered yes.

Commissioner Voelker said qualifying was done for Seasongood & Mayer and asked if qualifying was done for the attorneys.  Judge Drees said this was being done all at one time.  Commissioner Voelker asked if there was a way to combine this and get them to work on the detention center as well.  Judge Drees said this is for the justice center which is state controlled.

Commissioner Knochelmann made the motion for the authorization followed with a second from Commissioner Humpert and the motion unanimously passed with a roll call vote.

Designation of line of succession in the absence of the Kenton County Judge Executive and the Deputy Judge Executive, Joe Shriver reporting:  Pursuant to county ordinance, it is required that a line of succession be designated in the absence and/or incapacitation of the Judge Executive and the Deputy Judge.  This is solely for the purpose of emergencies that would be declared.  Traditionally, the court has also used this designation as presiding officer since the Deputy Judge cannot preside over fiscal court meetings in the absence of the Judge.

Commissioner Knochelmann made the motion for Commissioner Humpert to be placed in this position for 2007; seconded by Commissioner Voelker.  The motion unanimously passed with the vote of aye.

Judge Drees asked to deviate from the agenda and asked the Deputy Judge to report on the St. Elizabeth access road.  Mr. Kimmich said the county had been working with the city of Covington and the St. Elizabeth Hospital on the access road that will be necessary for their new trauma and ambulatory care centers to be located on the property at the foot of the hill in Covington.  The state has put up $3.2 million to cover the construction of this roadway.  The problem is if the state handles the bidding process it could take as much as four years to get constructed.  The county stepped in and said they would be willing to take responsibility for advertising and having this road built if the state would transfer the money to the county for construction.  Any cost overruns would be borne by St. Elizabeth Hospital.  Late yesterday afternoon the county was advised that the state is ready to move forward with the memorandum of agreement in which the county would become one of three parties, and the fiscal court is being asked to authorize the Judge Executive to enter into an agreement with the state to construct the road to state specifications using their $3.2 million and the excess to be covered by the hospital.  Obviously, all documents in final form would come back to the county for review.

Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann.  Commissioner Knochelmann asked who actually would end up owning this road and Mr. Kimmich said upon completion, the city of Covington would take responsibility for all care and maintenance.  The city of Covington will take title to the property.  St. Elizabeth has acquired the property and they will transfer it to the city of Covington and the city will give the county a construction easement to get the road built.  The reason the county has stepped in is because the state is content to let the county manage a state road project as they have done this before and the city acquiesced and will let the county run the project.

Commissioner Knochelmann asked if the only cost out of the county's pocket would be a little of our time and Mr. Kimmich said it would be a minimal amount of time and the county engineer would be involved in monitoring the project because of the liability.

The motion unanimously passed upon a roll call vote.

Resolutions

Resolution No. 07-01A

Recommended adjustments between appropriation accounts to provide necessary funding for these items as identified on the attached schedule, Ivan Frye reporting:  These are adjustments necessitated by some changes since the budget was done.  For benefit of the new commissioners, this is a quarterly event where the budget is leveled back to what the county will anticipate that will happen by the end of the year.

Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed upon roll call.

Resolution No. 07-02

Direct the Kenton County Public Properties Corporation to issue refunding bonds for the Justice Center, Ivan Frye reporting:  This is one of two resolutions that the court is being asked for approval.  The first one directs the Kenton County Public Properties Corporation to take action to refund the bonds that were issued in 1998 for the Justice Center.  The market conditions are such that there is an interest savings by doing this, and the second document is the authorization for the advertisement of those actions.  At the end of the meeting, there will be a meeting of the Kenton County Public Properties Corporation that will act on similar resolutions to place these in motion.  In this case, this has already issued as a general obligation bond and it is being reissued in the same manner.

Commissioner Knochelmann asked what the savings would be and Mr. Frye said it is in the neighborhood of $800,000.  The bond issue was a 30-year issue that runs through 2029 and the term is being left as the same.  Commissioner Humpert made the motion for approval with a second from Commissioner Knochelmann and the motion was unanimously approved upon roll call.

Resolution No. 07-03

Authorize and direct Kenton County Public Properties Corporation to advertise and accept bids for refunding bonds:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert and the motion was unanimously approved following roll call.

Ordinances

There were not any ordinances brought before the court.

Consent Agenda

Claims List-County Treasurer Ivan Frye:  Commissioner Knochelmann asked how often checks were cut and Mr. Frye said every two weeks following the fiscal court meeting.  Judge Drees said since there were no more questions, warrants will be issued and the bills paid.

Administrative Actions

Handout No. 07-01

Request approval for the Kenton County Public Safety Communication Center, Scott Kimmich reporting:  In the merger with the city of Covington, there were two changes requested in the document that was submitted to the city of Covington.  One would require that the fire chief serving on the technical advisory committee would be required to be a full-time fire chief and the second requires that the mayor cannot designate the city manager as his alternate.  The alternate to the mayor must be a member of the city commission.  The county sees no problem with either of these changes and the city of Covington has approved it.  It is before the fiscal court for their approval and from here it will go to the Department of Local Government and the attorney general for their approval.

Commissioner Humpert said for information purposes, this communication center has been approved in the past and now it is up to the court to approve these two changes.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with an aye vote.

Handout No. 07-02

Bonds for various elected officials, Joe Shriver reporting:  It is required to be acknowledged in the minutes the various bonds for elected officials and following approval, will be filed in the county clerk's office.  The county commissioners are on a $10,000 scheduled bond by their position with the county which is a three-year bond.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion was unanimously approved with the vote of aye.

Handout No. 07-03

Acknowledgement of order setting 2007 Kenton County Fiscal Court calendar:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the aye vote.

Handout No. 07-04

Presentation of Rodney Eldridge, Kenton County Clerk, 2007 calendar year budget:  Commissioner Voelker asked if this was a decrease in the overall budget from last year and Mr. Eldridge answered yes that it was a $50,000 decrease.  Commissioner Humpert asked why there was a decrease and Mr. Eldridge said that salaries were cut by lowering the staff amount.  Mr. Eldridge said the Kentucky Revenue Cabinet was projecting that the Kenton County Clerk's office will receive approximately $300,000 to $400,000 more than was received last year.  There was a change in the usage tax and that is the reason for this.  Commissioner Voelker asked how certain was Mr. Eldridge that this money would be received and that it would be helpful if they could see last year's budget.  Mr. Frye said he would get a copy for the commissioners.

Judge Drees asked why not approve the budget as is and it could be amended later if it needs to be changed.  Mr. Frye helped put the budget together and Mr. Frye said the reduction is in salaries.  The previous clerk's budget was $2,300,000 and the estimated revenue in this budget in total is $2,500,000 and the salary budget is $50,000.  The reason for this is that there has not been enough money in the clerk's office to purchase capital equipment or even pay all the normal operating expenses for the last two years because the legislature changed some fees from which the office operational money is earned.  This year they changed it back and this is why there is an increase in the overall funding.

Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed with the vote of aye.

Handout No. 07-05

Presentation of Charles Korzenborn, Kenton County Sheriff, 2007 calendar year budget and medal presentation:  Judge Drees said he had personally worked with the sheriff on this budget.  Sheriff Korzenborn said his estimated receipts will be $3,411,602 which is a conservative estimate.  There is no surplus or deficit and this is the beginning of the sheriff's third term, so he has to turn in all surplus cash to the fiscal court which will be between $1 million to $2,300,000.  There is $3,411,602 to work with and asked that the office be allowed to spend the total sum of $3,235,515 for the operation of the office during the calendar year 2007..

Commissioner Humpert complimented the sheriff by saying that he always does a great job and it seems that every year there is a surplus that is given back to the fiscal court.  Commissioner Humpert made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed upon roll call vote.

Handout No. 07-06

Authorization for Judge Executive Ralph A. Drees to enter into a contract for the service of the Kenton County Treasurer through July 31, 2007:  Commissioner Voelker moved for approval followed with a second from Commissioner Humpert and the motion unanimously passed following a roll call vote.

Commissioner Knochelmann asked at what point the court thought it would have the recommendation for a new treasurer and Judge Drees said he would like to have someone on board 30-45 days ahead of time.  Commissioner Humpert asked if this would be an external or internal search and Judge Drees said it would be external and if an employee in house wanted to apply this would be okay too.

Handout No. 07-07

Authorization for Judge Executive Ralph A. Drees to enter into a contract for the services of the Kenton County Treasurer in a part-time capacity after July 31, 2007:  Judge Drees said this was in order for Mr. Frye to help with the new treasurer during the transition period.  Commissioner Humpert made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed following a roll call vote.

Executive Orders

Because of the disruption at the December 27, 2006 meeting, the court was not able to carry on the meeting to take care of the county's fiscal business.  Executive orders 06-94 through 97 were signed at an earlier date in December, 2006, in order for the Kenton County Fiscal Court offices to stay open to carry on the county government's business.

Executive Order No. 07-03

Appointment of Larry Mains to the Cooperative Extension Service for a three-year term, effective January 1, 2007:  Commissioner Knochelmann made the motion to accept; seconded by Commissioner Voelker and the motion unanimously passed with the aye vote.

Executive Order No. 07-04

Appointment of Sue Sturgeon to the Cooperative Extension Service for a three-year term, effective January 1, 2007:  Commissioner Humpert made the motion with a second from Commissioner Knochelmann.  The motion unanimously passed with the vote of aye.

Executive Order No. 07-05

Appointment of Judge Executive Ralph A. Drees as the representative to the Ohio-Kentucky-Indiana Board of Directors, with Deputy Judge Scott Kimmich serving as alternate, effective January 1, 2007:  Judge Drees said Deputy Judge Kimmich had been going to all of the meetings and that he reports back to the Judge.  Commissioner Voelker made the motion for approval; seconded by Commissioner Humpert and the motion passed with the unanimous vote of aye.

Executive Order No. 06-94

Approval of reappointment of R. Scott Kimmich as Deputy Judge Executive and Chief of Staff to the Kenton County Fiscal Court, effective January 1, 2007:  Commissioner Knochelmann made the motion for approval with a second from Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-95

Approval of reappointment of Joe Shriver, Patty Krohman, Sarah Catherine Johnston, Sue Ruebusch and Virginia Lawrence as employees in the Judge Executive's office, effective January 1, 2007:  Commissioner Voelker made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.

Executive Order No. 06-96

Approval of reappointment of the following persons as department heads of various departments of Kenton County government, effective January 1, 2007:  Williams Dorsey, Public Safety; Edward Butler, Chief of Police; Joe Murphy, Public Works; Roger Wells, Fleet Management & Solid Waste Coordinator; Gary Sinclair, Buildings and Grounds; Wayne Speigel, Grants Management; Fred McKinley, Information Technology; and Dan Evans, Animal Shelter:  Commissioner Knochelmann made the motion for approval with a second from Commissioner Voelker and the motion unanimously passed with the aye vote.

Executive Order No. 06-97

Approval of reappointment of various employees of the Kenton County Fiscal Court, effective January 1, 2007:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed with the aye vote.

Executive Order No. 07-06

Accept resignations of Harry Huffman and Mike McHargue as seasonal employees for the golf courses, effective December 11, 2006:  Commissioner Humpert made the motion with a second from Commissioner Voelker and the motion unanimously passed with the vote of aye.

Executive Order No. 07-07

Accept resignation of Roland Robison as a part-time employee for the golf courses, effective December 27, 2006:  Commissioner Voelker made the motion for approval; seconded by Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 07-08

Appointment of Michelle Cruey as a part-time employee for the animal shelter, effective January 3, 2007:  Commissioner Humpert made the motion for approval with a second from Commissioner Voelker and the motion unanimously passed with the vote of aye.

Executive Order No. 07-09

Appointment of Julia Marzheuser as a police officer for the police department, effective January 10, 2007:  Commissioner Voelker moved for approval with a second from Commissioner Knochelmann and the motion unanimously passed with the aye vote.

Chief Butler said that Julia was a recent graduate from Eastern Kentucky University and is about three years into a degree in Spanish which will be a big asset to the county.  She has also done internship work with Kenton County Police, the DEA and the Kentucky State Police.  She has a well-rounded background and the chief thinks she will be a great asset to the department.

Executive Order No. 07-10

Appointment of Mark Fuentes as a dispatcher for the police department, effective January 24, 2007:  Commissioner Knochelmann made the motion for approval followed by a second from Commissioner Voelker and the motion unanimously passed with the voice vote of aye.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing else to report.

COUNTY TREASURER-Ivan Frye:  Nothing further.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  Nothing to report.

Commissioners' Reports

COMMISSIONER DAN HUMPERT-Nothing to report.

COMMISSIONER SARA VOELKER-Nothing to report.

COMMISSIONER KRIS KNOCHELMANN-Nothing to report.

Judge-Executive's Report

Nothing further to report.

Executive Session

There was no executive session called.

Judge Drees said a motion was needed to recess from this session to go into the Kenton County Public Properties Corporation meeting.  Commissioner Voelker made the motion to recess; seconded by Commissioner Knochelmann and the court recessed with the unanimous vote of aye.

Following the Kenton County Public Properties Corporation meeting, Judge Drees asked for a motion for the Kenton County Fiscal Court to reopen.  Commissioner Humpert made the motion for the Kenton County Fiscal Court to go back into regular session; seconded by Commissioner Voelker.  The court was reopened with the unanimous vote of aye.

Citizens Address

Judge Drees announced that the court was now ready to hear from guests who had signed up to speak to the fiscal court.

Judge Drees called the name of Randall Wagner who said he wished to defer his comments until next month.  Judge Drees said he would like the persons speaking to keep their comments at a minimum.  The following persons' names were called and came forward to speak to the court:  Eric Deters, Melissa Wilkerson, Denny Callem, Marvin Milloy, Kristan Getsy, Catherine Wilson, and Michael Strohm who also passed out some pictures and brochures of the work he is doing with students at Fowler Creek.

Judge Drees informed Mr. Strohm that the property that has been purchased does not cross Fowler Creek.

Judge Drees thanked the citizens for being civil and said it is a lot easier for the court and the public to have a dialogue when the court is held in this manner.  The court will look for Mr. Deters to come up with some sites and, hopefully, he will have some prices and topography maps the court can take a look at to see if they will work.  The court will take a look at what is submitted; meanwhile, the county has to continue and do some preliminary architecture work.  More information can be given as the court receives it.  Judge Drees thanked the citizens for their comments.

Adjournment

Following the citizens' address, Judge Drees asked for a motion for adjournment of the court.  Commissioner Humpert made the motion; Commissioner Voelker seconded the motion and the court was adjourned with the unanimous vote of aye.