Council Committee of the Whole Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on May 10, 2011, under the presiding of the Vice Mayor. During this meeting, the Council addressed 13 agenda items, took 8 motions and votes, and heard 3 public comments. The Council approved several items including the summary from the previous meeting, Eastern State Hospital bonds (two items), bicycle racks on Main Street, litter and debris removal from stormwater infrastructure, and a public art project for Town Branch Creek. Several items were deferred, including the review of the docket, first reading of ordinances, and street name and property address changes. The Council also tabled the reorganization of government item. Additionally, the Council heard informational reports from David Lucas and Commissioner Clay Mason, received information on a position transfer from public communications to environmental quality, and heard an informational update on zoning enforcement transfer.

Attendance

The following individuals were present at the meeting on May 25, 2011:

Council Members: - Council Member Stennett - Council Member Myers - Council Member Crosby - Council Member Martin - Council Member Lane - Council Member McCord - Council Member Lawless - Council Member Ellinger

Officials and Staff: - Dr. Blues - Mr. Farmer - Mr. Lucas - Commissioner Mason - Sheriff Kathy Witt - Commissioner Driscoll - Commissioner Taylor

Other Attendees: - Ray Sabatini - David Lucas - Paul C. - Dave - Major C. - Mark York - Jennifer Myatt - Leslie - Jeanette - Richard - Tom Howard - Joe Meyer - John Merchant - Bob Pennington - Mr. King - Mr. Crow

No absences or late arrivals were recorded.

Votes and Decisions

Resolution 0031-26 – Separate Resolution 31 into two resolutions to allow separate voting on the historic Preston Avenue and Richmond Avenue address changes. Motion by Council Member Lawless, seconded by Mr. Farmer. Passed by voice vote. 2:24:28

Resolution 0031-26 – Remove 400 McKenna Court and units A and B of 500 Shaftesbury Road from street name and address changes. Motion by Council Member Stennett, seconded by Council Member McCord. Passed by voice vote. 2:31:52

Resolution 0073-26 – Appoint James Edward Kemp, Joseph Daniel Reed, and Phil Wayne McConathy as reapportionment commissioners, to be compensated at $200 each. Motion by Council Member Ellinger, seconded by Council Member McCord. Passed by voice vote. 2:32:55

Ordinance 0008-26 – Table the reorganization of government ordinance until the next Cal meeting on June 7th. Motion by Council Member Lane, seconded by Council Member Ellinger. Passed by electronic vote, 8 ayes to 5 nays. Voting in favor: Council Members Lane, Ellinger, Stennett, Myers, Crosby, Martin, Lawless, and McCord. Voting against: Council Members Stennett, Myers, Crosby, Martin, and Lawless. 1:41:31

Ordinance 0003-26 – Refer the proposed text amendment back to the Planning Committee for further review. Motion by Council Member Stennett, seconded by Council Member Crosby. Passed by voice vote. 1:32:46

Ordinance 0004-26 – Refer the proposed ordinance to Budget and Finance Committee for economic impact review. Motion by Council Member Crosby, seconded by Council Member Kaye. Passed by hand vote, 8 ayes to 4 nays with 1 abstention. Voting in favor: Council Members Stennett, Myers, Crosby, Martin, Lane, McCord, Lawless, and Ellinger. Voting against: Council Members Stennett, Myers, Crosby, and Martin. 1:35:00

Resolution 0036-26 – Approve permanent financing for Eastern State Hospital replacement project. Passed by voice vote. 2:09:04

Resolution 0037-26 – Approve permanent financing for Eastern State Hospital replacement project. Passed by voice vote. 2:09:04

Budget and Financial Actions

The meeting addressed several financial actions and appropriations:

800 Megahertz Radio System Infrastructure An appropriation of $20 million over three fiscal years was approved for funding the 800 megahertz radio system infrastructure and radios.

Eastern State Hospital Replacement Project Two separate contracts totaling $150 million each were approved for the Eastern State Hospital replacement project with the Commonwealth of Kentucky: - Resolution 0036-26: $150 million - Resolution 0037-26: $150 million

Bicycle Racks on Main Street Resolution 0022-26 authorized the purchase of bicycle racks for Main Street at $144 per piece.

Public Comment

Council members made several announcements regarding upcoming community events.

Bike Lexington Event

2:33:26 Council Member McCord announced that Bike Lexington will be held on June 12th. The event will feature a 10-mile bike ride, historical airplanes, and emergency vehicle displays. Organizers expect approximately 15,000 attendees.

Bike Progressive Dinner

2:35:07 Council Member Lawless announced that the Bike Progressive Dinner will take place that evening at 6 p.m. The dinner will include stops at Soundbar, Village Host, and 3rd Street Stuff. Participation is limited to 50 participants.

Spicewood Homeowners Association Meeting

2:36:56 Council Member Blues notified attendees that the Spicewood Homeowners Association will meet on May 25th at 7 p.m. in the Masterson Station Clubhouse.

Appointments

The following individuals were appointed to the reapportionment commissioners:

• James Edward Kemp
• Joseph Daniel Reed
• Phil Wayne McConathy

Contested Items

Address Changes on Historic Streets

Council Member Lawless raised concerns about proposed changes to historic address patterns on Preston Avenue and Richmond Avenue. Lawless argued that the two-digit addresses are part of the cultural identity of the neighborhood and should be preserved. The council voted to separate the resolution to allow for more focused discussion of this community opposition issue.

Reorganization of Government

Council Members Martin, Myers, and Lane expressed significant concerns about a proposed government reorganization. Their objections centered on three main issues: the complexity of the reorganization plan itself, the absence of an organizational chart to clarify the proposed structure, and concerns about the potential for politicization of government communications. These council members urged the administration to provide more detailed information and documentation before the council would consider final approval of the reorganization.

Sheriff's Report on Jail Operations

Council Member Myers objected to the sheriff's verbal presentation of a report on jail operations, citing the council's 72-hour rule requiring that written materials be provided in advance. This procedural dispute resulted in the council agreeing to postpone the sheriff's report until the next work session scheduled for June 7th, allowing time for the report to be submitted in written form according to established procedures.

Approve summary from May 10th

The council proceeded to approve the summary from the May 10th meeting 3:00. The Vice Mayor led this agenda item.

The council conducted a voice vote to approve the summary. During the process, there was a brief discussion regarding attendance at the meeting. Following this discussion about member presence, a second vote was taken after several council members were found to be absent from their seats.

The summary was ultimately approved.

Hear reports from David Lucas and Commissioner Clay Mason

5:07

David Lucas presented on the 800 megahertz radio system, addressing the need for infrastructure upgrades driven by Federal Communications Commission (FCC) mandates requiring narrowbanding by December 2012.

Presentation Details

Lucas provided technical details and cost estimates for the radio system upgrade:

• Infrastructure costs: $5 million to $15 million
• Radio equipment costs: $4 million to $9 million
• Implementation approach: phased plan for deployment

Discussion Topics

The council discussion focused on several key considerations:

• Funding mechanisms and available resources
• Grant opportunities to offset costs
• Cost-sharing arrangements with partner organizations, including the University of Kentucky Police Department (UKPD) and LexTran

Speakers

The discussion involved David Lucas, Chief Bastin, Paul C., and Dave.

Outcome

This agenda item was informational in nature, with no formal action taken. The presentation provided the council with details on the technical requirements, financial implications, and implementation strategy for the mandated radio system upgrade.

Review of the docket

1:32:12

During the review of the docket, the council discussed the first reading of ordinances. Council Member Stennett moved to refer the proposed text amendment back to the Planning Committee. This referral was prompted by the Planning Commission's disapproval of the amendment and their recommendations regarding the proposal.

The motion to refer the text amendment back to the Planning Committee passed unanimously.

Outcome: The item was deferred for further consideration by the Planning Committee.

First reading of ordinances

1:33:51

Council Member Crosby moved to refer the ordinance to the Budget and Finance Committee. The motion was based on concerns regarding the ordinance's economic impact and its unclear origin.

The motion passed by hand vote with a result of 8 to 4, resulting in the ordinance being deferred to the Budget and Finance Committee for further review.

Reorganization of government

The council discussed the reorganization of government, which included departmental and personnel changes. 1:40:59

Council Member Lane moved to table the item until the next Cal meeting scheduled for June 7th. This motion passed by electronic vote with a result of 8 to 5.

Council Members Myers and Martin raised concerns about the information available for decision-making. Both urged the administration to provide an organizational chart and detailed information prior to the June 7th meeting, indicating they wanted more comprehensive documentation before the council could properly evaluate the reorganization proposal.

The item was tabled pending the June 7th meeting, where it is expected to be revisited with additional materials from the administration.

Position transfer from public communications to environmental quality

1:42:38

The council discussed the transfer of a position from the public communications department to the environmental quality department. The position was transferred rather than eliminated, with the affected employee moving to the new department.

Key speakers and concerns:

Council Member Martin and Council Member Myers raised concerns about the structure and potential politicization of government communications during the discussion. Mr. Maloney also participated in the discussion.

Outcome:

The item was informational in nature, with no formal action taken. The position transfer proceeded as planned.

Street name and property address changes

2:24:28

The council discussed multiple address and street name changes during this agenda item. Council Member Lawless, Mr. Lucas, and Dr. Blues were the key speakers involved in the discussion.

Council Member Lawless moved to separate the resolution into two distinct parts, specifically isolating the historic Preston Avenue and Richmond Avenue changes for separate consideration. This motion allowed the council to address the historic district changes independently from other address and street name modifications under review.

The motion to separate the resolution passed, enabling more focused discussion on the historic district-related changes.

The outcome of this agenda item was deferred, meaning the council did not reach a final decision and postponed further action on these street name and property address changes to a future meeting.

Eastern State Hospital bonds

The council reviewed the permanent financing for the Eastern State Hospital replacement project 2:00:10. Tom Howard and Joe Meyer presented on the project's progress, budget, and financing arrangements.

Key Discussion Points

The presenters outlined the project's current status and explained the financing structure to the council. A central focus of the discussion was the impact on the city's bonding capacity. The council confirmed that the city's bonding capacity would not be impacted by this financing arrangement.

Risk Assessment

A significant aspect of the presentation addressed default risk. The council was informed that the risk of default was minimal, as the state would be solely responsible for all payments related to the bonds. This arrangement provided assurance that the city would not bear financial risk for the project.

Participants

In addition to presenters Tom Howard and Joe Meyer, council members John Merchant and Bob Pennington participated in the discussion.

Outcome

The council approved the permanent financing for the Eastern State Hospital replacement project.

Eastern State Hospital bonds

2:00:10

The council reviewed the permanent financing for the Eastern State Hospital replacement project. Tom Howard and Joe Meyer presented on the project's progress, budget, and financing arrangements.

Key Discussion Points

The presenters addressed the council's bonding capacity and financial risk. A central focus of the discussion was confirming that the city's bonding capacity would not be impacted by the financing structure. The council also examined the risk of default, with presenters noting that the state would be solely responsible for payments, thereby minimizing default risk to the city.

Speakers

The presentation was led by Tom Howard and Joe Meyer. Council members John Merchant and Bob Pennington participated in the discussion.

Outcome

The council approved the permanent financing for the Eastern State Hospital replacement project.

Bicycle racks on Main Street

The council discussed a non-low bid contract for bicycle racks to be installed on Main Street 2:16:26. The project had been rebid after initial bids failed to meet the required design standards.

Project Details

The final bid for the bicycle racks was $144 per rack, representing a substantial reduction from the original bid of $1,200 per rack.

Discussion and Concerns

Council Member Crosby raised concerns about both the cost and design of the proposed bicycle racks during the discussion.

Mr. Lucas also participated in the discussion of this agenda item.

Outcome

The council approved the bicycle racks contract despite the concerns raised.

Litter and debris removal from stormwater infrastructure

The council discussed a resolution to accept a bid for litter and debris removal from stormwater infrastructure 1:57:53.

Council Member Farmer presented this item, characterizing it as both a response to a littering issue and a public safety opportunity. The resolution sought approval to accept a bid for the removal of litter and debris from the stormwater infrastructure system.

The council approved the resolution.

Public art project for Town Branch Creek

The council discussed a resolution authorizing funding for a public art project by LexArts to install sound and video installations along Town Branch Creek. 1:58:25

Council Member Farmer participated in the discussion of this initiative, which was presented as an educational project tied to environmental awareness. The installations were planned to combine sound and video elements positioned along the creek corridor.

The council approved the resolution, moving forward with the funding authorization for LexArts to implement the public art project.

Zoning enforcement transfer

2:12:42

The council discussed a resolution to transfer zoning enforcement responsibilities from the building inspection department to the planning department. Mr. Lucas and Mr. Crow were the key speakers on this matter.

The proposed change would restructure how zoning enforcement is handled within the city government. Specifically, the transfer would affect the issuance of zoning compliance letters and the designation of the zoning enforcement officer. However, the resolution would not impact the building permits process, which would continue to operate under its current structure.

The outcome of this discussion was informational in nature, meaning the council received information about the proposed transfer without taking final action at this time.