KENTON COUNTY FISCAL COURT
M I N U T E S
JULY 11, 2006, 7:00 P.M.
The regular meeting of the Kenton County Fiscal Court was called to order at the Independence Courthouse. Present at the meeting were Commissioners Dan Humpert, Barbara Black and Adam Koenig; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Ivan Frye; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Special Projects Manager Ralph Bailey; Sheriff Charles Korzenborn; Comptroller/Manager in the Sheriff's Office Dick Searles; Assistant County Attorney Stacey Hege; Public Information Officer Melissa Pryor-Reed; Property Valuation Administrator Merrick Krey; Court Reporter Cathy Johnston; and Guests.
Commissioner Adam Koenig presided over the meeting in the absence of Judge Executive Ralph A. Drees.
Invocation and Pledge of Allegiance
The invocation was given and pledge of allegiance led by Commissioner Barbara Black.
Approval of Minutes
Commissioner Koenig asked the court for approval of the minutes dated June 27. 2006. Commissioner Humpert made the motion for approval; seconded by Commissioner Black. The motion was unanimously approved with the vote of aye.
Delegations
There were not any delegations to appear before the court.
General Business
No general business items were brought to the court's attention.
Resolutions
Resolution 06-07C
Adjustments between appropriation accounts recommended by the county treasurer as shown on the attached schedule, Ivan Frye reporting: There were two major lists. The first inside page is the funding of purchase orders carried over from the previous year. The second page is a reconciliation of the new budget against the one just ending, making adjustments to certain utilities and phone accounts that will cost more during the coming year. The court is being asked for approval of the transfers to fund these necessities. Commissioner Black moved for approval; seconded by Commissioner Humpert and the motion unanimously passed with the vote of aye.
Ordinances
Ordinance No. 531.99
Second reading to reduce the speed limits from 35 MPH to 25 MPH on Coleman Road and Hickory Grove Road, Scott Kimmich reporting: A study was completed by the county police and the recommendation is to proceed with the reduction of speed. Commissioner Black moved for approval with a second from Commissioner Humpert. The motion was unanimously approved upon roll call.
Ordinance No. 924.29
First reading of a proposed text amendment pertaining to flood plain regulations, Scott Kimmich reporting: The court formerly had a lengthy discussion in regard to this ordinance in 2004. In conversation with the planning commission it became clear that we could adopt flood plain regulations that would have a positive impact on flood plain insurance for the residents of Kenton County and remain silent on the issue of swimming pools. An ordinance has been prepared and approval is requested on the first reading of this ordinance which relates only to the flood plain regulations with swimming pools being removed. In reviewing this matter it is clear that the issue of latches and fences around swimming pools is already governed. In the state building code that has been approved by this legislative body, and regardless of whether you take action on it or not, the planning commission will seek to enforce those rules on new permits that are issued and violations that are reported. That would be under the BOCA code and not under this particular ordinance. Approval is being asked on first reading as recommended by the Kenton County Planning Commission.
Commissioner Humpert made the motion for approval followed with a second from Commissioner Black. The motion was unanimously passed upon roll call vote.
Consent Agenda
Claims List-County Treasurer Ivan Frye: Commissioner Koenig asked if there were any questions regarding the claims list. Since there were none, warrants will be issued and all bills paid.
Administrative Actions
Handout No. 06-40
Authorize Judge Executive Ralph A. Drees to execute a contract between the Kenton County Fiscal Court and Medical Benefit Administrators, Inc. for the administration of the county's prescription drug plan, Joe Shriver reporting: When medical benefits were recently changed, the only provider change that was made was the prescription drug network. It was recommended that we switch to this format which is more of a transparent situation and charges a per capita fee each month as opposed to a fluctuating fee. The item before the court is a contract to finalize that arrangement.
Commissioner Black said she was assuming that there were no major changes that haven't already been explained to the employees. Mr. Shriver said this had been gone through and a common drug formula list was handed out to employees. Another good thing about this group is the online capabilities. Everyone is loaded into the system and an employee is able to go online and do a printout for just their prescriptions which could not be done before. As time goes on, an employee can also check for cheaper drugs and this will educate our employees a little more in being able to pick substitute drugs.
Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion was unanimously approved with the aye vote.
Handout No. 06-41
Approve county sheriff's settlement for the collection and distribution of 2005 taxes and to issue the sheriff a quietus, Ivan Frye reporting: Having been appointed as the court's representative to examine the sheriff's report, this has been done and the sheriff having been charged with some $91.5 million in tax bills had excellent results in collections this year. All of the bills were collected with the exception of insolvent and delinquencies that cannot be collected and $194,000 in bills which were sold back to the state. As the county stands today, there are no collectible delinquencies and it is recommended that the sheriff's settlement be accepted and the court issue a quietus for his collection from May 2005 – April 2006.
Sheriff Korzenborn said the office's state audit just came through and over $13 million was collected for them and we came out short $1.18. Deputy Judge Kimmich gave the oath for the quietus to Sheriff Korzenborn. Commissioner Black made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with vote of aye.
Handout No. 06-42
Approve Judge Executive Ralph A. Drees execution of an amendment to the employment contract with Patricia Krohman for administrative services, Scott Kimmich reporting: This is a slight adjustment in compensation and the Judge is recommending approval of the contract. Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the aye vote.
Executive Orders
Executive Order No. 06-54
Appointment of Donald Kaiser to the Kenton County Fire District Board of Trustees to fill unexpired term of Lewis Howard: Commissioner Humpert made the motion for approval followed with a second from Commissioner Black and the motion unanimously passed with the vote of aye.
Executive Order No. 06-55
Reappointment of Barbara Dirkes to the Kenton Fire Protection District Board, expiring June 30, 2009: Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion unanimously passed with the aye vote.
Executive Order No. 06-56
Amendment of Executive Order No. 05-18 extending the term of Robert Cook to June 30, 2008, on the Kenton Fire Protection District Board: Commissioner Humpert made the motion for approval with a second from Commissioner Black. The motion unanimously passed with the vote of aye.
Executive Order No. 06-51
Notification and ratification that an emergency exists in the need to reduce the population of the Kenton County Detention Center, Scott Kimmich reporting: On June 29, Judge Drees executed this order to reduce the population of the Kenton County Detention Center by 18 inmates. Judge Drees issued the order under the executive powers of the County Judge as outlined in 39A.100 after consultation with the county attorney who also consulted with all of the district judges in reducing or eliminating the remaining sentences for those individuals listed on the executive order who had less than three or four days left to serve leading into the July 4th holiday. Judge Drees felt that as we looked at the holiday weekend he was uncomfortable with letting the population get to 500; therefore, in consultation with all parties concerned made the determination that it was in everyone's best interest to sign the executive order to reduce the population of the jail. The jailer's staff was intimately involved in the development of the list and the review that took place and it was a situation where everyone came together in a spirit of cooperation to ensure the health and safety of the inmates, both those leaving and the ones that would remain.
Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion unanimously passed with the vote of aye.
Commissioner Humpert asked what the number now was in the jail and Mr. Carl answered that the number was down today to 446 but the number was up during the holiday weekend. Mr. Kimmich said the number on the day the population was reduced was 476. Mr. Easterling talked with each of the judges before the decision was made on who could be released. Some people had less time to serve but were there on a greater offense and they finished their term and the individuals that were released were, in some cases, individuals that owed the state money. There are people in the county who are going to jail because they owe the state $200 in court costs and have repeatedly refused to pay them. The problem of having to serve 20 days in jail for $200 cost the citizens of Kenton County far greater and we would be better off to pay their fines than to hold them in jail.
Commissioner Humpert asked if we really have people in jail for 20 days for failure to pay $200. Mr. Carl said that it was 30 days or more and the cost is $30 to $40 per day per inmate. Mr. Edmondson said these were people who had been cited to court and told to pay but repeatedly refuse to pay and given more deadlines that aggravate everybody and, finally, the judge has enough and says to take them away and it does cost the county money. Commissioner Black said the citizens pay two times and Commissioner Humpert said they pay more than two times, that they actually pay six or seven times. Commissioner Black said it may be better to put their pictures on the front page of the paper to let everybody else know that they are paying your taxes and theirs, probably times about three and ask them how they feel about this. The implications and the amount of money are huge. She said she would have no problem with this and a few other types of action, once they have been convicted, but it seems ridiculous and unfair to the citizens who do pay because they get penalized twice. They don't pay the first time and the citizens make up the difference and then they have to pay to keep them in jail for 30 days. She said she found this offensive and that most of the citizens of the county do but there are not many other options. Mr. Kimmich said a new program has been started where people who do owe these types of fines get to work them off on weekend detention in the county parks system. There are 12 people enrolled in the program now. Commissioner Humpert said maybe these people could be classified as class D where they get to work the entire 30 days and they could go out to work eight hours per day. In this way the county does recoup some of this money. Mr. Edmondson said this would be at the discretion of the judge.
Executive Order No. 06-52
Resignation of Bradley Harris as a police officer from the Kenton County Police Department, effective June 23, 2006. Commissioner Black made the motion for passage; seconded by Commissioner Humpert and the motion unanimously passed with the aye vote.
Executive Order No. 06-53
Fire and EMS protection emergency in Latonia Lakes: Commissioner Koenig read the gist of the order saying that an emergency does exist in the city of Latonia Lakes in that the city is without adequate fire and EMS protection and they will be moving into the Independence fire protection district. Commissioner Black made the motion for approval; seconded by Commissioner Humpert and the motion passed with the unanimous vote of aye.
Commissioner Humpert said that in respect to the executive order asked when the taxing would go into effect for it. Mr. Kimmich said this issue was being researched and there was a discussion as to whether property not on the tax duplicate as of January 1 could be taxed and the bill going out. Mr. Krey has talked to the revenue cabinet and they cannot be put on this year's tax roll so it will be next year before Independence Fire Protection District will receive revenue from those property tax owners.
Mr. Krey said the understanding is that the annexation did not exist until now so it was not in place on January 1, 2006, and you cannot put this rate on the roll because it did not exist. It was put on today so it will be on as of January 1, 2007, so the tax rate will be put on that tax bill next year. Commissioner Humpert asked who is paying the fire district to deliver these services between now and January 1, 2007, and Mr. Kimmich said the Independence fire district would be covering this as a new subdivision would be covered that would come into a city just after the first of the year. They would provide this service for the first year until they could start collecting the taxes. The county has met with the chief of the fire district who is here and the fire chief. This is less than an ideal situation but given the fact the city of Taylor Mill made numerous attempts to reach out in this situation to try to resolve it prior to it getting to this phase, Independence has agreed to take them in. I have been asked why we chose Independence. Number one is that they are contiguous to Independence and number two, they are the only taxing district that is providing ALS service as part of their routine operation. There is a lag time whereby the district will be picking up this burden and they are aware of this and have acknowledged the same. Mr. Kimmich will be meeting with the fire district next Wednesday evening when they will formally take action to accept our gracious offer to take this area into their district.
In going through the records, Mr. Krey and Mr. Dorsey found a number of parcels of property between the unincorporated of what is currently in the Independence district and what is actually Latonia Lakes city limits that are out there in no man's land. Independence has, in fact, been providing fire service for some period of time so when the annexation occurs, they will annex that territory as well. At that point, we will be at the point where every resident in Kenton County is either provided service through their city government or through a taxing district. The county attorney and I met with the city of Latonia Lakes in May and explained this to them in great detail so their city leaders had every opportunity but were simply unable to reach a satisfactory conclusion until they met last Thursday and acknowledged that it is time to ask the court to intercede. Mr. Krey said that in the unincorporated area that was spoken about is where there is no city tax or fire tax being collected and this is 25 parcels and totals approximately $1,900,000 in total assessment. Mr. Kimmich said part of the annexation process is that they will be notified by direct mail. The district will have to go through a formal annexation process to take these parcels into the district. He also said he would like to issue a word of thanks to Mr. Kudera and the Independence fire district and Chief Buddy Wheatly from Covington who did have two responses in the period of time they were providing coverage, and wanted to express thanks for the services that had been and were now being provided.
Commissioner Koenig said he would like to commend Taylor Mill for the efforts they made because it was a difficult decision, but they had to do what was in the best interest of their citizens and their citizens were subsidizing this for many years.
Commissioner Black said she also wished to thank all of the parties involved in providing this service and coming together to make this decision, and that it showed good team work from all parties.
Citizens Address
Sherry Carran came forward to speak to the court regarding the planning committee of the Kenton County Conservancy and said she wanted to go on public record regarding the article that was in the Kentucky Post this past Saturday. There was misinformation in the article stating that the last official board member of the conservancy was over a year ago and this is not correct; the last board member was in February. The board has not been functioning very well since last year because of a lack of board members. She said she also wanted to clarify the area of utility easements. The conservancy has allowed utility easements; in fact, in the first utility easement they had she worked with the county attorney on the wording of the language that allowed the utility easement.
Ms. Carran said the conservancy is there to save land for future generations and also to work with development. Most of the efforts have been with developers; in fact, in regard to the trails around Doe Run Lake, a state grant has been received and the conservancy is working to complete the trails around Doe Run in partnership with Drees development.
Administrative Reporting
DEPUTY JUDGE EXECUTIVE-Scott Kimmich: On the meeting of August 8, there will be two commissioners out of town. The intent is to call a special meeting of the court at 9:00 a.m. on August 1 to conduct business. Inasmuch as the calendar was set by ordinance, we cannot set another meeting and give proper notice so a special call will be issued for that meeting. A motion is being asked to formally cancel the August 8 meeting. Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion unanimously passed with the aye vote.
In the last legislative session, the legislature awarded a number of projects to Northern Kentucky, the latest of which is a grant to the Behringer-Crawford Museum in the amount of $1,500,000 in bond proceeds that will be available January 1. All of the projects put in by Senator Westwood, regardless of where they were in the county, were put in the county's name so we have to have a line item in the budget for us to get $1,500,000 to go to Behringer-Crawford Museum. The county is working with the museum and the city of Covington on a partnership with some other money the city has. A motion is being asked to authorize the Judge-Executive to execute the grant agreement or to execute a grant agreement that would transfer the proceeds to the city of Covington and allow them to deal directly with Behringer-Crawford because they are already working with them on a couple of other projects. This depends on whichever one that GOLD will let us do is the way the court would like to proceed. The county could not get an answer from them today, so the county is asking for authorization for the Judge-Executive to exercise the necessary paperwork to access the grant for the Behringer-Crawford Museum. Commissioner Humpert made the motion for approval followed by a second from Commissioner Black and the motion unanimously passed with the vote of aye.
The county continues to grapple with the issue of the county correction facility. Judge Drees has requested that the fiscal court authorize the expenditure of approximately $39,000 that was approved in the budget for planning and consulting services with $19,500 to the Brandstetter Carroll firm for site evaluation and consultation to assist him in evaluating sites in comparison to the current structure. Any numbers generated will come back with a report that will show a comparison between the numbers of having to stay where we are versus numbers to locate to another site. Each time the numbers come back they will come back with a comparative evaluation so the court can see whether the information given throughout this process is proper and correct. It is important that as we move forward the fiscal court remember that we did have a site, a cost and a program and if we shift from this, it needs to be done in such a way that you can compare and demonstrate that it is the best long term solution for Kenton County. The county is asking for $19,500 for the Brandstetter Carroll firm for site plan evaluation and $19,500 going to the DLR Group, a jail design group to do the preliminary design. This is a design group out of Phoenix, Arizona who are currently designing the Campbell County jail and they just finished two state prisons so they have a familiarity with the area. They would do a preliminary design and program that would come back to the court for review as we move through the process. If we reach the day where we are ready to go forward, the county would have to do a separate RFP and secure professional services for the final design and the building plan.
Commissioner Humpert said that the court had spent eight years learning some about this process. One of the things looked at four or five years ago in looking for sites was the transportation costs, and with the fuel amount being what it is today, transportation costs should be looked at as part of this analysis. Mr. Kimmich said this was one of the factors that has been put into the formula. He said that the Judge and he had met with two other architects and the jailer set in on one of the meetings last week with another architectural firm, and it is felt that as we move forward on this particular project of preliminary site evaluation and program design this is the best course to follow. We will probably come back to the court later this year for a more formal RFP process because the final design of the jail will cost considerably more than this and will require the county to go through a formal bidding process. You will be approving two contracts if you honor the Judge's request: (1) for site evaluation and examination with Brandstetter Carroll and (2) the DLR Group in Phoenix, Arizona for program design activities.
Commissioner Humpert said he would urge the consultants to think outside the box and think of alternatives that may not have been considered at this point. One of the alternatives that had been considered was putting the justice center with the detention center by selling the current justice center and putting it with the new jail. In this way, they could be next to each other instead of having to drive miles to get to the justice center and this may be something to be considered. Technology is getting pretty sophisticated and there are a lot of different things there to be considered. Technology keeps coming down in price and everything else keeps going up in price, so maybe it has come to the point where having some of this new technology come into play is a good idea. The third alternative is in respect to treatment. It isn't known what kind of impact Transitions 100-bed center will have on this but if we have a couple of these in our region, it is hoped this will have some impact on the jail population. The more of these centers we have and the more impact they have, the less we will need a jail.
Commissioner Black said that she echoed Commissioner Humpert's comments but especially when the number of beds is considered on a daily basis that we are utilizing for individuals that have no business being in jail and costing the citizens of Kenton County so much money. A large percentage of the population, probably upwards to 30 or 40 percent, need drugs, treatment, alcohol treatment, mental health care and there are lots of issues that contribute to their incarceration. Many times it is not because they are violent offenders or the type of people that citizens would think in terms of being a detainee or prisoner in our jail. Someone has to take the lead in stepping forward and thinking of spending as much money on alternative programs and treatment in our jail facility and those types of living conditions. We can incarcerate more people for less cost and at the same time decrease the amount of recidivism and save money also at the other end, but you have to provide the treatment which is a step forward in building the triage unit and the medical treatment facilities when we did some of the remodeling a few years ago and Mr. Carl brought in a consultant to help with the medical expenses. It was found that if the treatment was done in house instead of the expensive emergency rooms the county saved a lot of money. This is true with mental health issues, treating alcoholism, drug abuse and it is more cost effective to get treatment and pay for follow-up after release and in the end it will cost less. Excuses are not being given for these individuals but they need treatment.
Commissioner Koenig said all of this was not expected from Brandstetter Carroll since they are just doing the site evaluation. Mr. Kimmich said when you talk about program design it is not only about the facility, but the program and what will be provided in the facility and the space needed based on the average daily population and the types of charges people are charged with in the county jail.
Commissioner Black said there needs to be follow-up with the persons that are incarcerated after they leave because they still need help. Commissioner Humpert said that Mr. Carl had initiated a program with North Key to help take care of the mental health patients and wanted to know if there were any numbers on the effectiveness of this program in regard to recidivism. Mr. Carl said it was too early to tell but a lot of inmates were following up with North Key for medications and that is really helping out the detention center. An exit program is also being done with Talbert House so the county is gearing up for when the next step will be taken.
Mr. Kimmich said that the Judge, Mr. Carl and he had visited a facility that the DLR Group designed and programming and life skills training is a major part of the design of that facility, so there will be a good working relationship in making sure the items being talked about are put into the program model.
Commissioner Humpert asked how far out were the three transitions in our area and Mr. Carl said that they would be located in Maysville and Boone County. Ground breaking has not occurred in Boone County and the one in Maysville is not yet under construction. Mr. Kimmich said the one here is not under construction because it is in litigation. Mr. Carl said one thing you have to think about is that these units serve 20 counties so Kenton County will only get a small portion of the beds. We are competing for these facilities so it will not bring about a dramatic reduction.
There being no further discussion, Commissioner Koenig asked for a motion to approve the contract with Brandstetter Carroll and Commissioner Humpert made the motion; seconded by Commissioner Black. The motion unanimously passed upon roll call vote.
Commissioner Koenig then asked for a motion for approval of the contract with the DLR Group. Commissioner Humpert made the motion to approve followed by a second from Commissioner Black and the motion unanimously passed with a roll call vote.
Executive Order No. 06-57
Mr. Kimmich said he had an executive order issued by Judge Drees to appoint Joseph Geraci and Bill Bryant to the Kenton County Conservancy for a term expiring July 11, 2009; Janet Scanlon and Peggy Kelly for terms ending July 11, 2008; and John C. Middleton, term expiring July 11, 2007. These individuals along with the four ex-officio members will bring the board membership to nine. There can be 15 and the Judge is open for anyone the court wishes to consider. The court thought it was appropriate to put a reasonable number forward to get the conservancy back into working order.
Commissioner Humpert asked if there were any current members to serve with the appointed members and Mr. Kimmich said the ex-officio members are Commissioner Koenig, Mr. Gunning, Dennis Gordon and Judge Drees. All other terms of members have expired. Commissioner Humpert made the motion for approval; seconded by Commissioner Black and the motion was unanimously approved with the vote of aye.
COUNTY TREASURER-Ivan Frye: Nothing further to report.
HUMAN RESOURCES DIRECTOR-Joe Shriver: Nothing further to report.
COUNTY ATTORNEY'S REPORT-Garry Edmondson: Nothing further to report.
Commissioners' Reports
COMMISSIONER BARBARA BLACK-Wanted to remind everyone to continue to use the recycling facilities at the animal shelter to raise funds for the adoption center.
COMMISSIONER DAN HUMPERT-Nothing further to report.
COMMISSIONER ADAM KOENIG-Nothing further to report.
Judge-Executive's Report
Judge Drees was absent from the meeting because of a prior commitment.
Judge Drees asked Mr. Kimmich to extend his best wishes to Commissioner Black on her birthday.
Mr. Kimmich also said there is a meeting of the Kenton County Public Properties Corporation immediately upon adjournment of this meeting.
Executive Session
There was no executive session called.
Adjournment
There being no further business to come before the court, Commissioner Koenig asked for a motion for adjournment. Commissioner Black made the motion for adjournment; seconded by Commissioner Humpert and the meeting adjourned with the unanimous vote of aye.
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