Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on October 14, 2010, at 7:00 p.m. in Lexington, Kentucky, with Mayor Newberry presiding. The council addressed seven agenda items, taking 13 motions and votes while hearing 2 public comments during the session.

The council approved several significant items, including a recognition of the Mayor and delegation from Lexington's sister city, County Kildare, Ireland. The body also approved an ordinance authorizing the issuance of Cultural and Recreational Revenue Refunding Bonds, a resolution amending the Rules and Procedures of the Lexington-Fayette Urban County Council, a resolution authorizing a grant application to the EPA for a Brownfield Assessment Project, and a resolution ratifying civil service appointments. One ordinance amending Section 21-5(2) of the Code of Ordinances was tabled for further consideration. Additionally, State Auditor Crit Luallen provided an informational presentation to the council.

Attendance

The following individuals were present at the meeting on October 14, 2010:

• Lawless
• Martin
• McChord
• Myers
• Stinnett
• Beard
• Blues
• Crosbie
• Ellinger
• Feigel
• Gorton
• Gray
• Henson
• James
• Lane

No absences or late arrivals were recorded.

Votes and Decisions

Ordinance 0001-2010 — Zoning change from Neighborhood Business (B-1) to High Rise Apartment (R-5) and Planned Neighborhood Residential (R-3) zones at Jefferson Street. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37. All members voted in favor: Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, Henson, James, and Lane.

Ordinance 0002-2010 — Acceptance of bid from Scheller's Fitness & Cycling for fitness equipment for the Division of Police. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37.

Ordinance 0003-2010 — Authorization to accept $250 donation from Columbia Gas Transmission, LLC for the Division of Fire and Emergency Services. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37.

Ordinance 0004-2010 — Amendment to agreement with Kentucky Transportation Cabinet for Fiber Optic Cable Installation Program. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37.

Ordinance 0005-2010 — Amendment to budgets of Lexington-Fayette Urban County Government to reflect current requirements. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37.

Ordinance 0006-2010 — Amendments to Code of Ordinances regarding minimum license fee and exemptions. Motion by Crosbie, seconded by Myers. Passed 13-2 1:33:37. Voting in favor: Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Feigel, Gorton, Henson, James, and Lane. Voting against: Crosbie and Gray.

Ordinance 0007-2010 — Authorization of Cultural and Recreational Revenue Refunding Bonds for Centenary United Methodist Church Project. Motion by Crosbie, seconded by Myers. Passed 15-0 1:33:37.

Ordinance 0017-2010 — Amendments to Code of Ordinances to abolish two Public Service Worker positions in Waste Management and create one Computer Analyst Supervisor position in Computer Services. Motion by James, seconded by Crosbie. Tabled 10-5 1:41:32, with the condition that action be postponed until Commissioner Bush is available to answer questions.

Resolution 0027-2010 — Amendments to Rules and Procedures of the Lexington-Fayette Urban County Council regarding committee structure and work sessions. Initial motion by Lane, seconded by Beard. Failed 7-8 1:55:10 to allow more time for review. Subsequent motion by Beard, seconded by McChord. Passed 15-0 1:56:17, separated from other resolutions for a separate vote. Final motion by Gorton, seconded by Crosbie. Passed 9-6 1:58:31.

Resolution 0037-2010 — Authorization to submit grant application to EPA for Brownfield Assessment Project. Motion by Gordon, seconded by Ellinger. Passed 15-0 2:37:33, with the deadline for application the next day.

Resolution 0043-2010 — Ratification of probationary and permanent civil service appointments and unclassified appointments. Motion by McCord, seconded by Hempston. Passed 15-0 2:48:12.

Budget and Financial Actions

The meeting addressed multiple financial actions including contracts, grants, amendments, and donations for Lexington-Fayette Urban County Government.

Contracts and Purchases

The government approved a $39,030 contract with Scheller's Fitness & Cycling for purchase of fitness facility equipment for the Division of Police (Ordinance 0002-2010). Additional contracts included:

• $834,755.68 agreement with Bluegrass Regional Mental Health-Mental Retardation Board, Inc. for mental health services for inmates at the Detention Center (Resolution 0016-2010)
• $67,680 agreement with U.S. Geological Survey for maintenance and operation of stream flow and precipitation gauges (Resolution 0018-2010)
• $52,500 service agreement with Bluegrass State Games, Inc. for organization and execution of the Bluegrass State Games (Resolution 0021-2010)
• $180,000 agreement with M.A.S.H. Services of the Bluegrass, Inc. for operation of the M.A.S.H. Drop-In Inn Facility using grant funds (Resolution 0045-2010)
• $1,800 annually for agency participation agreement with Kentucky Housing Corp. for the Kentucky Homeless Management Information System (Resolution 0046-2010)
• Professional services agreement with Amy Slatin as Sexual Assault Nurse Examiner at $230 per examination (Resolution 0017-2010)
• $30,000 purchase of Mr. Manhole replacement cutter package and repair parts from Critex, LLC (Resolution 0015-2010)

Federal and State Grants

The government accepted multiple federal grants:

• $400,000 federal grant for ITS/CMS Traffic Improvements Project with $100,000 local match from Kentucky Transportation Cabinet (Ordinance 0011-2010)
• $377,635 federal grant for Safe Havens Project (Sunflower Kids Visitation Center) from U.S. Department of Justice, Office on Violence Against Women (Ordinance 0012-2010)
• $50,000 federal grant for Sexual Assault Nurse Examiner Program with $28,150 local match from Kentucky Justice and Public Safety Cabinet (Ordinance 0013-2010)
• $775,969 federal grant for acquisition and demolition of seven residential properties with $134,501 local match from Kentucky Department of Military Affairs/Division of Emergency Management (Ordinance 0014-2010)

Donations and Amendments

A $250 donation from Columbia Gas Transmission, LLC for the Division of Fire and Emergency Services was accepted (Ordinance 0003-2010). The government also approved refinancing of $2,400,000 (Series 2010A) and $1,100,000 (Series 2010B) in outstanding debt for Centenary United Methodist Church (Ordinance 0007-2010). Multiple contract amendments and change orders adjusted project costs, and budget re-appropriation was approved to reflect current requirements (Ordinance 0005-2010).

Public Comment

Two members of the public addressed the meeting with concerns about municipal services and public safety.

Mr. McCarthy 2:59:28 raised three matters:

• Requested that the Division of Streets, Roads, and Forestry chip seal areas experiencing alligator cracking to prevent the development of potholes
• Inquired about the purpose and justification for acquiring and demolishing seven homes under Ordinance 14
• Questioned the reasoning behind a restructuring of committee referrals

Mr. Dalton 3:00:06 expressed concern regarding a police officer shooting of a pet dog. He emphasized the emotional impact such incidents have on pet owners and called for a review of police procedures to prevent similar occurrences in the future.

Appointments

The following individuals were appointed to positions within various city divisions:

Division of Streets, Roads and Forestry - Shandra McCauley

Division of Computer Services - Charles Burchett

Division of Water Quality - Robert Austin - Kenneth Newby - Debbie Barnette

Division of Adult and Tenant Services - Colleen West

Division of Waste Management - Joe Anderson - James McCarthy - Tracey McElroy

Division of Parks and Recreation - Darrell Hager - Jeff Giles

Division of Fire and Emergency Services - William Appleget - Tim Belcher - Patrick Bolzenius - Adam Cramer - Christopher Crowe - Adam Day - Derrick Desimone - Bryan Duty - Joshua Elam - Ricky Euler - Bradley Farkas - Zachary Ferguson - Andrew Hatfield - Casey Hogue - Russell Jones - Stephen Kinney - Kenny Kulpa - Joshua Lile - Christopher MacFarlane - Jeff Miles - Kevin Pletzke - James Praria - Casey Sparrow - James Thompson - William Willett

Division of Facilities and Fleet Management - Jeffery Burk - Paul Smith

Division of Enterprise Solutions - Candace Wafford - Timothy Bailey - Michelle Gunter

Department of General Services - George Milligan

Division of Community Corrections - Carey Mason-Engleman

Contested Items

### Restructuring of Committee Structure and Role of the Mayor

Council members engaged in heated debate over a proposal to remove the mayor from presiding over work sessions. The core disagreement centered on whether this restructuring violated the city charter and would damage communication between branches of government.

Council members expressed concerns about the precedent such a change would set and warned of potential controversy. However, the law department provided assurance that the proposed restructuring was legally permissible under the charter. Despite this legal opinion, the debate reflected broader concerns among council members about the implications of altering the mayor's traditional role and responsibilities.

### Allegations of Fraud and Credibility of Council Member Crosby

A heated exchange occurred regarding fraud allegations that Council Member Crosby had made in a statement dated May 25, 2010. Council Member Lane directly challenged the accuracy of these allegations, citing multiple audits that had found no evidence of fraud.

Lane called on Council Member Crosby to withdraw her fraud allegations and issue an apology. Council Member James responded with a rebuttal to Lane's position, defending Crosby's statements. This dispute highlighted disagreement among council members over the validity of the fraud claims and the appropriate response to allegations that audit findings contradicted.

Recognition of Mayor and Delegation from Lexington's Sister City, County Kildare

2:43

Mayor Brendan Weld of County Kildare, Ireland, and his delegation were recognized during this agenda item. The presentation marked the 25th anniversary of the sister city relationship between Lexington and County Kildare.

Mayor Weld presented a book on County Kildare's horse industry to Mayor Newberry. In reciprocation, Mayor Newberry presented Mayor Weld with a key to the city.

The agenda item was approved.

State Auditor Crit Luallen

State Auditor Crit Luallen and her staff presented findings from an audit examining fraud allegations and procurement practices 8:41. The audit concluded that there was no evidence of fraud.

Key Presenters

The presentation was delivered by Crit Luallen, along with staff members Brian Lykins and Cindy James.

Audit Findings and Recommendations

The audit made several recommendations focused on strengthening internal processes:

• Improving internal audit procedures
• Enhancing fraud disclosure protocols
• Refining procurement policies

Council Questions and Concerns

Council members raised questions about the audit process itself, including:

• The handling of confidential documents during the audit
• The role and involvement of the Internal Audit Board in the review process

Outcome

This agenda item was presented for informational purposes. No formal action or vote was taken on the audit findings.

Ordinance authorizing issuance of Cultural and Recreational Revenue Refunding Bonds

1:30:53

The council considered an ordinance to authorize the issuance of Cultural and Recreational Revenue Refunding Bonds. Linda Rumpke presented the item.

The ordinance authorized the issuance of two series of bonds: - Series 2010A: $2.4 million - Series 2010B: $1.1 million

The bonds were intended to refinance debt for Centenary United Methodist Church, with funds allocated for the Foundry and athletic facilities.

A public hearing was held on the ordinance. No public comments were received during the hearing.

The ordinance was approved by the council.

Ordinance amending Section 21-5(2) of the Code of Ordinances

1:38:42

This ordinance proposed to abolish two Public Service Worker positions in Waste Management and create one Computer Analyst Supervisor position in Computer Services.

Discussion and Concerns

Council members James and Rumpke participated in the debate over this proposal. The discussion centered on concerns about the impact on hiring practices and the need for additional information before proceeding. Council members expressed that they required further details to make an informed decision on the proposed position changes.

The lack of representation from the affected division during the meeting was cited as a significant issue, preventing council from hearing directly from the department about how the changes would affect operations and staffing.

Outcome

The ordinance was tabled, meaning the vote was postponed to allow for additional information to be gathered and for proper representation from the Waste Management and Computer Services divisions to be present for future discussion.

Resolution amending Rules and Procedures of the Lexington-Fayette Urban County Council

1:55:10

The Council considered a resolution to amend the Rules and Procedures of the Lexington-Fayette Urban County Council, which proposed restructuring standing committees and changing the role of the Committee of the Whole.

Key Discussion Points

Council members Lane, Martin, Feigl, and Myers participated in the debate on this resolution. The discussion centered on significant procedural changes, with particular concern raised about removing the mayor from presiding over meetings. Council members also noted that implementing certain aspects of the resolution would require changes to the city charter, raising questions about the scope and feasibility of the proposed amendments.

Concerns Raised

The primary concern expressed during debate was the removal of the mayor's presiding role over Council meetings. Additionally, council members highlighted the need for charter modifications to fully implement the resolution's provisions, suggesting that some proposed changes extended beyond procedural rules into matters requiring charter-level authority.

Outcome

A motion to table the resolution was made but failed. Following the failed tabling motion, the Council voted separately on the resolution itself, which was approved.

Resolution authorizing grant application to EPA for Brownfield Assessment Project

2:37:33

The body considered a resolution authorizing a grant application to the Environmental Protection Agency (EPA) for a Brownfield Assessment Project. The resolution sought $200,000 in federal funds for the project.

Process and Approval

A motion to suspend the rules was made due to an upcoming deadline for the grant application. This procedural motion allowed the body to consider and vote on the resolution without following standard timing requirements. Key speakers on this item included Gordon and Ellinger.

Outcome

The resolution was approved following the motion to suspend the rules.

Resolution ratifying civil service appointments

The resolution to ratify civil service appointments was presented and approved during the meeting 2:48:12.

Speakers and Presentation

Lawless and Rumpke were the key speakers on this agenda item.

Content of Resolution

The resolution ratified probationary and permanent civil service appointments and unclassified appointments across multiple departments. The departments affected by these appointments included:

• Fire and Emergency Services
• Waste Management
• Enterprise Solutions

Outcome

The resolution was approved.