Council Committee of the Whole Work Session

Summary

Meeting Overview

The Council of the Whole met on April 26, 2011, under the presiding of the Vice Mayor. During the meeting, the council took 6 motions and votes, heard 4 public comments, and addressed 9 agenda items. The session included an informational presentation by David O'Neill of the PVA, as well as consideration of two ordinances for zone changes, both of which received first readings. The council approved Resolution 27-11 regarding acceptance of a bid for Lexington Mall Sanitary Sewer Relocation and approved the summary and public comment portions of the agenda. Resolution 39-11 concerning a Purchase of Service Agreement with Downtown Lexington Corp was tabled for later consideration. Additionally, the Facilities Use Policy received a first reading, and the Internal Audit Board Bylaws were presented for informational purposes.

Attendance

The following individuals were present at the meeting on April 26, 2011:

Council Members: - Council Member Ellinger - Council Member Farmer - Council Member Lane - Council Member Lawless - Council Member Martin - Council Member Myers - Council Member Stennett - Council Member Ford - Council Member Blues - Council Member Beard - Council Member Crosby - Council Member Kay

Commissioners and Staff: - Commissioner Driscoll - Commissioner Mason - Mr. Barrow - David O'Neill - Renee Jackson - Senior Attorney Glenda George - Bruce Shelley

No members were absent or late.

Votes and Decisions

The council took six votes during the April 26, 2011 meeting:

Approval of April 12th Summary 5:18 Council Member Ellinger moved to approve the summary of the April 12th meeting, seconded by Council Member Farmer. The motion passed by voice vote.

Ordinances 14 and 15 Placement 10:50 Council Member Lawless moved to place Ordinances 14 and 15 on the docket without a public hearing. The motion passed by voice vote.

Resolution 39 Motion Withdrawn 14:17 Council Member Martin moved to take Resolution 39 off the table and place it on the May 10th docket, seconded by Council Member Crosby. This motion was withdrawn.

Resolution 39 Tabled 1:41:46 Council Member Crosby moved to table Resolution 39 until May 10th with a presentation from the administration, seconded by Council Member Blues. The motion passed by voice vote.

Citizens Advocate Referral 1:51:11 Council Member Myers moved to refer the recommendation to hire a full-time Citizens Advocate to the Council of the Whole, seconded by Council Member Ford. The motion passed by voice vote.

Facilities Use Policy Amendment 1:52:53 Council Member Crossman moved to substitute "periodic" with "annual" in the facilities use policy review, seconded by Council Member Myers. The motion passed unanimously. All members present voted in favor, including Council Members Crossman, Myers, Crosby, Kay, Blues, Ford, Martin, Stennett, Ellinger, Lane, Lawless, and Beard, as well as Commissioner Driscoll, Mr. Barrow, David O'Neill, Renee Jackson, Commissioner Mason, Senior Attorney Glenda George, and Bruce Shelley.

Budget and Financial Actions

The meeting approved the following financial actions:

Service Agreement for Special Events

Resolution 0039-26 authorized a purchase of service agreement with Downtown Lexington Corp for special events in the amount of $120,000.

Sanitary Sewer Relocation Project

Resolution 0027-26 approved a purchase for sanitary sewer relocation work at Lexington Mall with ABR Construction, Inc. for $555,000.

Public Comment

Council members raised several concerns during the meeting:

Homestead Exemption Benefits 7:37 Council Member Lane sought clarification on the financial benefits of the homestead exemption for residents 65 or older or those who are totally disabled. The exemption reduces taxable assessment by up to $34,000 annually, resulting in approximately $370 in property tax savings.

Salt Expense Transfer 49:14 Council Member Stennett expressed concern about transferring $400,000 from the street-sweeping fund to cover salt costs. Stennett questioned the fairness of this transfer, noting that it could reduce services for residents who pay extra taxes specifically for street sweeping.

Dedicated Funds Protection 1:14:54 Council Member Ford raised concerns about using funds from the Parks Acquisition Fund and Urban Service District Fund. Ford emphasized the importance of protecting the integrity of dedicated revenue sources and warned against actions that could lead to future tax increases.

Citizens Advocate Position 1:48:30 Council Member Myers advocated for moving the Citizens Advocate hiring recommendation to the full council. Myers noted that this action would help resolve long-standing committee debate and prevent further delays on the matter.

Appointments

Bruce Shelley was reappointed to the Internal Audit Board.

Contested Items

The April 26, 2011 meeting included three items that generated significant disagreement among council members.

Transfer of $400,000 from Urban Service District Fund for Salt Expenses

Council members voted on a proposal to transfer $400,000 from the Urban Service District Fund to cover salt expenses. The vote was split, indicating lack of consensus. Council members expressed concern that using dedicated funds for salt raised fairness questions, particularly for residents who pay extra fees for street sweeping services. Members also questioned the long-term impact this transfer would have on the Urban Service District Fund's ability to support its intended services.

Use of Parks Acquisition Fund for General Fund Balance

A heated discussion emerged over a proposal to use the Parks Acquisition Fund for general fund balance purposes. Council members raised concerns about diverting funds that were originally designated for parkland acquisition. Members emphasized the importance of maintaining trust in dedicated revenue sources and questioned whether redirecting these funds would undermine public confidence in the city's commitment to park development and acquisition.

Citizens Advocate Position Structure

Council members were divided on the structure of the Citizens Advocate position, with debate centering on whether the role should be full-time or part-time. Members expressed concerns about the budget implications of each option and indicated that the decision required fuller discussion by the entire council before proceeding. The split vote reflected disagreement over how to balance fiscal considerations with the staffing needs of the position.

Public Comment

The public comment period was opened at approximately 4 minutes and 10 seconds into the meeting 4:10.

Following the public comment period, a motion was made to approve the summary of the April 12th meeting minutes. Council Member Ellinger and Council Member Farmer participated in this discussion.

The motion to approve the April 12th meeting minutes passed without opposition.

Outcome: Approved

Approval of Summary

A motion to approve the summary of the April 12th meeting was presented during this agenda item. The summary covered pages 1 through 4 of the packet. 5:18

Council Member Ellinger and Council Member Farmer were the key speakers on this matter.

The motion passed by voice vote, and the summary was approved.

Presentation by David O'Neill, PVA

David O'Neill, Property Valuation Administrator, presented information regarding the 2011 property tax rule inspection period 6:01.

Key Announcement

O'Neill announced the opening of the 2011 property tax rule inspection period, which runs from May 2nd to May 16th.

Topics Covered

The presentation emphasized:

• Homestead exemption benefits available to taxpayers
• The importance of taxpayer conferences before appeals

Outcome

This was an informational presentation with no formal action required.

Ordinance 14-11: Zone Change

10:50

Council Member Lawless moved to place Ordinance 14-11 on the docket without a public hearing. The motion passed, and the item was referred to the Thursday night docket for first reading.

Ordinance 15-11: Zone Change

10:50

Council Member Lawless moved to place Ordinance 15-11 on the docket without a public hearing. The motion passed, and the item was referred to the Thursday night docket for first reading.

Resolution 39-11: Purchase of Service Agreement with Downtown Lexington Corp

1:41:46

The council considered a resolution regarding a Purchase of Service Agreement with Downtown Lexington Corp. Council members Martin, Crosby, Beard, and Lawless participated in the discussion.

During deliberation, concerns were raised about the timeline impacts on event registrations. Council members indicated that additional information from the administration was needed before proceeding with a vote.

The resolution was tabled and moved to the May 10th meeting agenda to allow for a presentation and further consideration of the matter.

Resolution 27-11: Accepting Bid for Lexington Mall Sanitary Sewer Relocation

21:34

The council considered a resolution to accept a bid for the Lexington Mall sanitary sewer relocation project. The bid from ABR Construction, Inc. was presented for $555,000.

Council Member Farmer and Council Member Martin participated in the discussion of this agenda item. While no supporting documents were included in the meeting packet, the bid was confirmed as the lowest and best bid among 13 bids received for the project.

The resolution was approved.

Facilities Use Policy

The Council considered a Facilities Use Policy ordinance during this meeting 1:52:53.

Key Participants

Council Member Crossman and Council Member Myers were the primary speakers on this agenda item.

Discussion and Action

The policy was recommended for the docket on May 28th. During deliberation, the Council addressed the frequency of policy reviews. A motion was made to change the language from "periodic" review to "annual" review. This motion passed unanimously, indicating full Council support for establishing a defined annual review schedule rather than leaving review intervals undefined.

Outcome

The Facilities Use Policy ordinance received a first reading.

Internal Audit Board Bylaws

1:53:33

The Internal Audit Board presented bylaws that had been recommended by the state auditor. Bruce Shelley addressed this agenda item.

The bylaws were unanimously approved by the Internal Audit Board. The item was presented to the council for review and informational purposes, though no formal action was taken by the council at this time.