KENTON COUNTY FISCAL COURT

M I N U T E S

MARCH 25, 2008, 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 Judge Executive Ralph A. Drees; Commissioners Dan Humpert, Kris Knochelmann and Sara Voelker; Deputy Judge Executive Scott Kimmich; County Attorney Garry Edmondson; County Treasurer Jerry Knochelmann; Human Resources Director Joe Shriver; Public Safety Director Bill Dorsey; Police Chief Ed Butler; Public Works Director Joe Murphy; Jailer Terry Carl; Court Reporter Cathy Johnston; and Guests.

Invocation and Pledge of Allegiance

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

Approval of Minutes

Judge Drees asked the court for approval of the minutes dated March 11, 2008.  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Humpert.  The motion was unanimously approved with the vote of aye.

General Business

No general business items were brought to the court's attention.

Resolutions

Resolution 08-01C

Request approval of budget adjustments between appropriate accounts to provide necessary funding for items as identified:  Judge Drees asked Mr. Knochelmann about the item regarding the animal shelter in the amount of $4,000 being transferred from pharmaceuticals to building and maintenance.  Mr. Knochelmann answered that should be reversed from building and maintenance to pharmaceuticals and this would be corrected.

Judge Drees also asked about the amount of $3,500 being transferred in the Department of Parks and Recreation from park construction to overtime.  Mr. Kimmich said this was because of the snow emergency the county was dealing with two weeks ago because park employees cleaned the streets in the cities of Crestview Hills, Independence and Lakeside Park.  Judge Drees asked if this was for half-time or time and one-half.  Mr. Knochelmann said this was the entire overtime and was time and one-half.

Judge Drees asked for a motion for approval with the correction.  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed with the voice vote of aye.

Resolution 08-06

Authorize an application to the Kentucky Transportation Cabinet for reimbursement of expenditures for the transportation of non-public school students:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker.  The motion unanimously passed with a voice vote of aye.

Ordinances

There were not any ordinances brought before the court.

Consent Agenda

Claims List-County Treasurer Jerry Knochelmann:  Judge Drees asked if there were any questions regarding the claims list dated March 21, 2008.  There being none, Judge Drees said warrants will be issued and the bills paid.

Administrative Actions

Handout No. 08- 12

Acknowledgement of receipt of the Kenton County Jailer's draft budget:  Commissioner Voelker voted to acknowledge receipt with a second from Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Handout No. 08-13

Request approval to contract with Southern Health Partners, Inc. for medical services at the Kenton County Detention Center:  Judge Drees said this handout had already been approved.  Mr. Kimmich said the contract with Health Point was not being renewed, and the county was canceling five contracts with vendors that will be replaced by the Southern Health Partners contract.

Judge Drees asked for a motion for the cancellation of the aforementioned contracts.  Commissioner Knochelmann made the motion followed with a second from Commissioner Humpert and the motion was unanimously passed with the voice vote of aye.

Handout No. 08-14

Accept request for approval to surplus 12 heavy duty can racks in the detention center:  Judge Drees said this item is being tabled at the present time.

Executive Orders

Executive Order No. 08-29

Appointment of Landon McKinney and Michael Bennett to the Kenton Conservancy Board for three-year terms, effective March 25, 2008:  Commissioner Knochelmann made the motion for approval; seconded by Commissioner Voelker and the motion unanimously passed with an aye vote.

Executive Order No. 08-30

Reappointment of Eugene Ewing to the Tri-County Economic Development Board of Directors for a three-year term, effective March 2, 2008:  Commissioner Humpert made the motion for approval with a second from Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-31

Reappointment of Mike Litzler, George Sparks and Rita King to the Parks and Recreation Commission for a three-year term, effective February 1, 2008:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-27

Reorganization of the Department of Parks and Recreation:  Mr. Shriver said this was to replace one of the parks trustees with a part-time office staff.  When the community service program was begun at the parks where there are a number of folks who are given community service by the courts, this put a strain on the director's position because he has to be out in the parks supervising these persons and staff members.  When this is done, there is not adequate staff to employ the office so this part of employment is left uncovered.  It was observed that some of the work that was done by park trustees can be taken up by the community service people leaving revenue to hire an employee to staff the office at a lesser rate than was being paid to the trustee.  The salary will go from $14.00 per hour to $12.00.

Commissioner Humpert made the motion for approval followed by a second from Commissioner Knochelmann and the motion unanimously passed with a voice vote of aye.

Executive Order No. 08-28

Employment of various employees (Mark Helmer, William Stone, Joseph Wesselman, Michael McHargue, Harry Huffman, James Hagen, Joseph Warner, Charles Johnson, Gerald Jones, George Koch, Ronald Robison, William Gilbert and Terry Thurmond) for part-time maintenance at the Kenton County Golf Courses, effective March 12, 2008:  Commissioner Humpert made the motion for approval followed by a second from Commissioner Voelker and the motion unanimously passed with a voice vote of aye.

Executive Order No. 08-20

Employment of Eric Mauer as a seasonal maintenance employee at the Kenton County Golf Courses, effective March 12, 2008:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-21

Employment of Philip Wagner to the position of starter/ranger at the Kenton County Golf Courses, effective March 25, 2008:  Commissioner Humpert made the motion for approval followed by a second from Commissioner Voelker and the motion unanimously passed with a voice vote of aye.

Executive Order No. 08-22

Employment of Sylvester Farmer as a part-time employee in the pro shop at the Kenton County Golf Courses, effective March 25, 2008:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-23

Acceptance of resignation of Joe Niehues as a park trustee from the Department of Parks and Recreation, effective March 17, 2008:  Commissioner Knochelmann made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with a voice vote of aye.

Executive Order No. 08-24

Acceptance of resignation of Samantha Steele as a technician from the Kenton County Animal Shelter, effective March 15, 2008:  Commissioner Humpert made the motion for approval followed by a second from Commissioner Voelker and the motion unanimously passed with a voice vote of aye.

Executive Order No. 08-25

Employment of Sean Mertens as maintenance technician at the Kenton County Department of Buildings and Grounds:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

Executive Order No. 08-27

Employment of Robert Morehead as parks trustee in the Department of Parks and Recreation:  Commissioner Voelker made the motion for approval followed by a second from Commissioner Humpert and the motion unanimously passed with a voice vote of aye.

Commissioner Knochelmann asked if the county was at about the same place as it was last year for hiring for parks and recreation and the golf courses.  Mr. Shriver said the county was not close to being at capacity yet because the season is just starting.  Part-time employees cannot be worked more than 25 hours per week without being put into the retirement system.  If an employee is seasonal classification, they can work as many hours as the county needs as long as they are paid overtime, but they cannot work past six months.

Citizens Address

Mr. Bernard Paolucci came forward and said he was a secretary in the Kenton County Senior Golf League.  He said he and other members of the league were there to talk about the increase for golf season passes for seniors.  The general objection is to the increase and not the amount itself.  He said not one person to whom he had sent an e-mail objected to the increase but some seniors play in the league and maybe one other day.  He said he would like to thank the court for not raising the fee for the past three years, but it is thought that this large of an increase at one time is too stiff for most on a fixed income.  He said that everything has gone up and asked if the increase could be softened up some for seniors who are on a fixed income.  It is thought that most of the persons in the league could deal with a $100 increase.  The majority of the guests at court were in the senior league.  He also said there were 180 members in the league and about two-thirds of these have membership.  He said from the input he is getting is that if the increase goes through, many of them will drop the membership.

Mr. Dave Collins and said he was there to speak on behalf of the senior league.  In the current fiscal year budget in the parks and recreation area, almost $800,000 is funded by 94 percent tax dollars.  Most senior citizens do not use these facilities such as baseball courts, softball fields, tennis courts, playgrounds, etc. because seniors had rather walk than run.  In looking at the golf course budget, it has paid for itself except for the last year with a shortfall of $72,000.  It is believed that after the bond issue is paid off in the next two years, the golf course will be back on the black side of the situation.  He said that they would like to see some of the money subsidized for the golf league as was done this past year without trying to make up for all of the shortfall in one year.

Mr. Dennis Stein came forward to read the e-mail he had previously sent to most of the members of the fiscal court.  He asked the court to please reconsider and revisit the increase.

Mr. Tom Stegman came forward next and said he represented a small group that has a nine-hole league that has played for about 10 years and a lot of the golf courses do offer specials for seniors.  As far as the increase goes, it is thought that most of their members would go ahead with the increase but would not like it.  Most of the senior members are residents of Kenton County and have been paying property taxes most of their lives.

Mr. Paolucci came back up to say that a suggestion was made by one member of having a pass at Pioneer for $500, or maybe Pioneer and Willows for $550, or a pass for all three for $600.  If someone gets a pass for $500 and wants to play the Willows and the cart is $16, a person could pay the difference between the Pioneer green fee and the Willows green fee.  There are days when the Pioneer is closed and the members of the league want to give the court an alternative to think about.

 Judge Drees said the court looks at this item from a different perspective than some of the members of the league.  The golf courses cannot be subsidized for a very few.  The parks are a different story in that they are there for everyone's use and the whole community.  It is not fair for the rest of society and the citizens of Kenton County to be subsidizing golf players and this would not make any sense.  The Judge also said that a lot of things should have been done in the past that were not done and things have to be changed in the way the county has been operating.  The county has to also pay for all of the utilities that have risen in cost for the running of the golf courses.  Also, golf carts were purchased that need to be paid for over a three-year period and we had a dry summer and the greens needed to be constantly watered and the county is trying to make everything work.  Of the $600 fee, $50 can be used toward anything that is bought at the golf courses and toward the use of a golf cart.  The court has to stick with this increase in order to have a break even in the budget.  The payment can be made in three installments to ease having to pay all at once.

Mr. Stein asked if he could make a couple of more comments to the court.  He said he had received some e-mails from members of the court that said they would consider lowering the funding amount, and it seems as if this has been railroaded through the court.  He said he would like to know how each person voted on this issue.

Judge Drees said there was a caucus meeting with the court staff and recommendations were taken but no official votes cast.

Commissioner Voelker said this was a staff matter and the court entrusts the staff and hires the best people in order to do their jobs.

Mr. Stein said it was stated that not everybody plays golf, but not everybody plays tennis either.  The public funds pay for the parks.  He said he believed that a 33 percent was too much of an increase.

Commissioner Voelker said this was not previously voted on but a staff matter that the court became aware of that needed to be evaluated.  The county hires the best staff that we can and trust them to do their job.  Commissioner Voelker said she did meet with the treasurer and had a spreadsheet and she does play golf.  She said she could honestly say that after doing the research and looking at the other counties, green fees, past history, etc. that she thought the county did the best it could.  She said she was not elated with the decision and would like to save the golfers money, but unfortunately, the county cannot.  The golf course is no longer paying for itself and, due to inflation, will continue not paying for itself and we have to work towards that in the best way possible.  Like Judge Drees said, she apologized and said she wished it could be different but this is the best job the court could do at present.

Mr. Paolucci said he predicted that at the end of April the county will know where it stands because this is when the new fees go into effect.  You will see how this is going because many people will drop their membership.

Administrative Reporting

DEPUTY JUDGE EXECUTIVE-Scott Kimmich:  Nothing to report.

COUNTY TREASURER-Jerry Knochelmann:  Nothing further to report.

HUMAN RESOURCES DIRECTOR-Joe Shriver:  Nothing to report.

COUNTY ATTORNEY'S REPORT-Garry Edmondson:  He said there were in the court audience some members from the Kenton County Government Academy to witness local government in action.

Commissioners' Reports

COMMISSIONER DAN HUMPERT- Commissioner Humpert said he thought there was an issue that had to be done for the mayor's meeting regarding the tower rental.

Deputy Judge Kimmich said a motion was needed to ratify the directive of the Judge Executive authorizing the city of Erlanger to use the capacity of the St. Elizabeth tower for the repeater system as the dispatch for Edgewood and outlying communities that otherwise could not be met with their current equipment.  They are also using the Mt. Echo site that the county has leased space for in Cincinnati.  Authorize them to lease this on an interim basis until such time as the county makes the decision that relates to the long-term telecommunication needs of the county.

Commissioner Humpert made the motion followed by a second from Commissioner Knochelmann and the motion unanimously passed with the voice vote of aye.

COMMISSIONER SARA VOELKER-As far as the golf courses go, I would like for the county to take a look at other marketing ideas.  I think it is a smart move to stay on top.

COMMISSIONER KRIS KNOCHELMANN-Nothing to report.

Judge-Executive's Report

Judge Executive Ralph Drees said he felt sure everyone in the county knows that we are designing a detention center, but there is a clinker that came up in this process.  The county has not settled with a land owner yet to buy their property because we cannot agree on the price.  Appraisals were done on the each of them and their appraisal is about two and one-half times higher than ours and it is thought the county's appraisal is a good one.  The county attorney has done all of the paper work and the circuit court judge has appointed three people to go out and make a decision on what the price should be.  The clinker is that there is a lawsuit filed against us by one of the property owners that causes a problem that could cause a long delay.

Commissioner Humpert asked if Mr. Decker had been offered the most the county could give to him and Judge Drees said the county could probably go a little more, but he thought he was being offered more than a fair price and we are not close to what he is asking.  The problem with his property is that he did not finish his development and there is a $160,000 outstanding performance bond to finish his part of the property.  I did not know this going in and I asked him to give us the option of putting his part of the asphalt on the road he has.  I did not know about all the other things he has not done that is in its fifth year.

Commissioner Humpert asked the county attorney how the performance bond works and Mr. Edmondson said he posts the bond so he doesn't have to do the work.  The amount is an estimate of how much it would cost to finish the public infrastructure while he is developing the rest of the property.  Commissioner Humpert said since we are buying the property the way it is, we should get the $160,000 off of the price.  Mr. Edmondson said there are a lot of things that have to be finished.

Judge Drees said Mr. Decker is questioning the county's right to take the property and this is where the lawsuit comes in.  Judge Drees said he wanted to make the citizens aware of what is going on and that this could drag out and go beyond the deadline of 2010.

Executive Session

There was no executive session called.

Adjournment

There being no further business to come before the court, Judge Drees asked for a motion to adjourn.  Commissioner Humpert made the motion followed by a second from Commissioner Voelker, and the court adjourned with the unanimous voice vote of aye.