Council Committee of the Whole Work Session

Summary

Meeting Overview

The Lexington Fayette Urban County Council held a Committee of the Whole Work Session on July 5, 2011, presided over by the Vice Mayor. During this meeting, the Council addressed 16 agenda items, including multiple readings of ordinances and resolutions, committee reports, and council updates. The body took 5 motions and votes and heard 1 public comment.

Key actions included approving a zone change ordinance on first reading, approving a resolution for the Distillery District Feasibility Study on first reading, and approving a resolution to correct a typographical error on first reading. The Council also approved a second reading resolution for accepting a bid for American Pavements and approved a walk-on resolution regarding the Collective Bargaining Agreement Approval Procedure. One ordinance concerning Community Corrections Positions was deferred on first reading.

Several items were presented for informational purposes, including a first reading ordinance on the closing of portions of Goodloe and Ann Street, a second reading resolution on Human Resources Hiring, reports from the Special Social Services Committee, the Neighborhood Development Fund List, and multiple council reports covering topics such as public safety and community issues, Fourth of July activities and health initiatives, golf operations and Wi-Fi access, the budget veto and override process, and unemployment data. The Council also approved a report on council restructuring and calendar matters.

Attendance

The following Council Members were present at the meeting on July 6, 2011:

• Council Member Blues
• Council Member Beard
• Council Member Lawless
• Council Member Martin
• Council Member Lane
• Council Member Ford
• Council Member McCord
• Council Member Myers
• Council Member Stennett
• Council Member Ellinger
• Council Member K

No Council Members were absent or late.

Votes and Decisions

Motion to place ordinance number six on the docket without a public hearing 1:10

Council Member Blues moved to place ordinance number six on the docket without a public hearing, seconded by Council Member Beard. The motion passed by voice vote.

Motion to remove ordinance number eight from the docket 2:50

Council Member Lawless moved to remove ordinance number eight from the docket, seconded by Council Member Martin. The motion failed by electronic vote with 5 ayes and 9 nays.

Voting in favor: Council Member Blues, Council Member Beard, Council Member Lawless, Council Member Martin, and Council Member Lane

Voting against: Council Member Ford, Council Member McCord, Council Member Myers, Council Member Stennett, Council Member Ellinger, Council Member K, Council Member Henson, Council Member Lane, and Council Member Martin

Motion to change the amount in first reading resolution 25 to $48,859 23:30

Council Member Lawless moved to change the amount in first reading resolution 25 to $48,859, seconded by Council Member Ellinger. The motion passed by voice vote.

Motion to place resolution on collective bargaining agreements on the docket for first reading 28:54

Council Member Lane moved to place a resolution on collective bargaining agreements on the docket for first reading, seconded by Council Member Martin. The motion passed by electronic vote with 11 ayes and 3 nays.

Voting in favor: Council Member Blues, Council Member Beard, Council Member Lawless, Council Member Martin, Council Member Lane, Council Member Ford, Council Member McCord, Council Member Myers, Council Member Stennett, Council Member Ellinger, and Council Member K

Voting against: Council Member Henson, Council Member Lane, and Council Member Martin

Motion to go into closed session for employee appointment discussions 1:06:25

Council Member Ellinger moved to go into closed session for employee appointment discussions, seconded by Council Member K. The motion passed by voice vote.

Budget and Financial Actions

The meeting included two significant financial actions:

Distillery District Feasibility Study

An appropriation of $418,000 was approved under Resolution 0031-26 for a feasibility study of the distillery district. The study, to be conducted by Strand Associates, will include streetscape and trail design components.

Sanitary Sewer System Rehabilitation Contract

A contract was approved for sanitary sewer system rehabilitation work, specifically an Inflow and Infiltration (I&I) contract, to be performed by Leak Eliminators. No specific contract amount was identified in the meeting materials.

Public Comment

Billy Mallory addressed the council regarding the location of a Charles Young Task Force meeting 1:01:20. He expressed concern that the public meeting had been advertised to be held at the Charles Young Center, but was subsequently moved to the Phoenix Building without sufficient notice. This change in venue caused confusion among residents who had received physical notices about the original location. Mallory's comments highlighted the importance of clear communication and adequate advance notice when changes are made to publicly advertised meeting locations.

Contested Items

Charles Young Task Force Meeting Location

A dispute arose regarding the location of Charles Young Task Force meetings. Residents had been informed through prior public announcements that meetings would be held in the community at the Charles Young Center. However, the meeting was relocated to the Phoenix Building without adequate notice to the public. This change caused confusion and concern among neighborhood members who had made plans to attend based on the original location information.

Fireworks Regulation and State Law Change

Council members engaged in heated discussion regarding the regulation of fireworks following a state law change that permitted larger and noisier fireworks. The new state law had resulted in increased public complaints about fireworks noise in the community. During the meeting, council members debated the extent of local authority to impose stricter noise ordinances in response to these complaints. A significant challenge to enforcement was identified: the difficulty of regulating fireworks use due to the proximity of neighboring counties, which may have different or less restrictive regulations. This jurisdictional issue complicated efforts to address community concerns about noise from fireworks.

First Reading of Ordinances - Zone Change

1:10

Council Member Blues moved to place ordinance number six on the docket without a public hearing. The motion proceeded without discussion and was approved by voice vote.

First Reading of Ordinances - Community Corrections Positions

2:50

Council Member Lawless moved to remove the ordinance from the docket for further study by the Public Safety Committee. The motion failed on an electronic vote of 5 to 9.

Commissioner Mason and Mr. Bishop provided background on the need to address salary disparities between supervisory and subordinate positions within the Community Corrections department. Their presentation outlined the rationale for the proposed ordinance, which aimed to resolve compensation inequities in the department's staffing structure.

Council Member Martin participated in the discussion alongside Council Member Lawless. The debate centered on whether the matter required additional review by the Public Safety Committee before proceeding with the first reading, or whether sufficient information had been presented to move forward.

The failed motion to defer the ordinance indicates that a majority of the council (9 members) voted against removing it from the docket, allowing the first reading to proceed as originally scheduled. The outcome was deferred, meaning the ordinance advanced past this initial stage but did not receive final approval at this meeting.

First Reading of Ordinances - Closing of Portions of Goodloe and Ann Street

5:08

Council Member Ford requested a description and graphic of the area to be transferred as part of this ordinance. Commissioner Taylor provided explanation of the proposal, characterizing it as a cleanup of property swaps that resulted from a prior road redesign project. According to Commissioner Taylor, the construction associated with the original road redesign had already been completed, and this ordinance addressed the final administrative and property transfer aspects of that earlier work.

The discussion remained informational in nature, with no formal action taken during this first reading.

First Reading of Resolutions - Distillery District Feasibility Study

13:46

Council considered the first reading of a resolution regarding a feasibility study for the Distillery District project, which involved bonding $2.2 million.

Key Discussion Points

Council Member Stennett raised concerns about the timing and necessity of the bonding, suggesting that the feasibility study may have been premature. This prompted clarification from Commissioner McCord regarding the allocation of funds.

Commissioner McCord confirmed that $418,000 of the bonded amount was designated specifically for the feasibility study itself, with additional funds allocated for partial trail construction. McCord noted that the process had been improved through the development of a detailed Request for Proposal (RFP) and subsequent negotiation with contractors. These efforts resulted in cost savings of $246,000 compared to the original budget.

Outcome

The resolution was approved.

First Reading of Resolutions - Typographical Error Correction

23:30

Council Member Lawless moved to correct a typographical error in resolution 25. The motion involved changing an incorrect dollar amount to $48,859.

Council Member Ellinger participated in the discussion of this agenda item.

The motion passed by voice vote.

Second Reading of Resolutions - Human Resources Hiring

25:08

Council Member Lane raised questions regarding the nature of the positions included in the human resources hiring resolutions under second reading.

Discussion

Council Member Lane inquired about whether the positions represented new hires or internal movements within the organization. In response, clarification was provided on two specific positions:

• Environmental Inspector: This position resulted from a vacancy created by a promotion, rather than representing a new hire.
• Police Sergeant: This position was a promotion, not a new hire.

Outcome

The discussion was informational in nature, with the inquiries answered to clarify the distinction between new positions and internal promotions or position movements within the organization.

Second Reading of Resolutions - Accepting Bid for American Pavements

26:10

During the second reading of the resolution to accept a bid for American Pavements, Council Member Lawless raised a question regarding the bid selection process. Specifically, Lawless questioned why the non-low bid was accepted rather than the lowest bidder.

In response, city officials explained the rationale for the selection. CNR Asphalt, which had submitted the lower bid, was disqualified from consideration for two primary reasons:

• The company lacked the required equipment necessary to complete the project
• CNR Asphalt planned to subcontract the entire project rather than perform the work directly

By contrast, American Pavements was selected because the company possessed the necessary expertise and capability to execute the project directly.

The resolution was approved.

Walk-on Resolution - Collective Bargaining Agreement Approval Procedure

28:54

Council Member Lane introduced a resolution to establish a procedure for council review and approval of collective bargaining agreements. The resolution was presented as a walk-on item during the meeting.

Council Member Martin participated in the discussion of this agenda item. The resolution addressed the formal process by which the council would review and approve collective bargaining agreements going forward.

The resolution was put to a vote by electronic voting. The motion passed with 11 council members voting in favor and 3 voting in opposition.

Special Social Services Committee Report

31:02

Council Member Myers reported on a presentation from the Department of Social Services and the Bluegrass Community Foundation regarding funding partner agencies and the GoodGiving.net tool.

The report highlighted the work being done to support partner agencies through funding mechanisms and the implementation of the GoodGiving.net platform. However, a significant concern was identified during the presentation: the lack of program evaluation and outcome measurement data across the funded agencies.

This agenda item was presented for informational purposes, with no formal action required.

Neighborhood Development Fund List

Council Member Stennett presented the Neighborhood Development Fund list for council members' review 32:45. This was an informational presentation with no formal action required.

The presentation focused on providing council members with an overview of the Neighborhood Development Fund and its associated list of projects or allocations. Council Member Stennett led the discussion to ensure all council members had the opportunity to review and understand the fund details.

No specific concerns or debates were documented during this agenda item. The outcome was informational in nature, serving to keep council members apprised of the Neighborhood Development Fund status and contents.

Council Reports - Public Safety and Community Issues

34:21

Council members discussed public safety concerns related to fireworks activity and noise regulation during this agenda item.

Fireworks Activity and State Law Changes

Council Member Stennett raised concerns about increased fireworks activity in the community, attributing the rise to a recent state law change that permits larger fireworks. He emphasized that despite the state law expansion, the local government retains authority to impose stricter noise ordinances within its jurisdiction.

Public Complaints and Documentation

Council Member McCord reported receiving public complaints about fireworks and took action to address the issue by establishing a shared folder for complaint documentation. This system would allow the council to track and monitor community concerns more effectively.

Broader Noise Regulation Discussion

Council Member Lawless and other council members expanded the discussion beyond Fourth of July fireworks, advocating for the need to develop broader noise regulation policies. The council recognized that noise concerns extend beyond holiday periods and warrant comprehensive ordinance review.

Participants

The discussion involved Council Members Stennett, McCord, Lawless, and Beard, who collectively addressed the public safety and community issues at hand.

Outcome

This agenda item was informational in nature, with no formal action taken. The council used this time to raise awareness about fireworks-related concerns, document public complaints, and identify the need for broader noise regulation policies to address community quality-of-life issues.

Council Reports - Fourth of July and Health Initiative

41:20

Council Member McCord opened the discussion by praising the successful Fourth of July events held in the city and commending the efforts of city staff in organizing the celebrations.

McCord then raised a challenge for the city based on a recent ranking by Men's Health Magazine, which had designated Lexington as the most sedentary city in America. In response to this designation, McCord called for the city to launch a city-wide wellness initiative to address the issue and improve public health outcomes.

Council Member Lawless expressed support for McCord's proposal. Lawless further suggested that the city engage with Men's Health Magazine directly by organizing a visit to Emmaus, Pennsylvania, where the magazine is based. This engagement would allow the city to demonstrate its commitment to addressing the sedentary lifestyle ranking and potentially showcase any wellness initiatives undertaken.

The discussion remained informational in nature, with no formal action items or votes recorded. The exchange reflected the council's interest in responding to external health assessments and exploring collaborative opportunities with the magazine to improve the city's public health profile.

Council Reports - Golf Operations and Wi-Fi Access

40:17

During this agenda item, two council members raised operational requests for city facilities.

Golf Operations

Council Member McCord requested a proposal addressing golf operations finances. Specifically, McCord asked for a plan detailing how to make golf operations break even, with the proposal due by November 15th.

Wi-Fi Access

Council Member Martin requested improvements to wireless internet access in two locations: the council chambers and the fifth floor. No specific details about current Wi-Fi limitations or proposed solutions were documented.

Outcome

This item was informational in nature, with no formal action taken. The requests were noted for follow-up, with the golf operations proposal deadline set for November 15th.

Council Reports - Budget Veto and Override Process

53:04

Attorney Barber presented an overview of the mayor's veto of the fiscal year 12 budget and explained the council's available options for response.

Key Points Presented:

• The council could override the mayor's veto through a vote
• Alternatively, the council could amend the budget at a later time
• Certain budget items required all-or-nothing votes and could not be partially approved
• The mayor's veto freed up approximately $900,000 in the budget

Outcome:

This was an informational presentation with no action taken. The summary provided the council with an understanding of the veto process and the financial implications of the mayor's actions on the fiscal year 12 budget.

Council Reports - Council Restructuring and Calendar

58:35

Council Member Ellinger moved to revert to the previous council structure and implement a revised calendar for council operations.

Proposed Changes

The motion included the following elements:

• Reinstatement of monthly standing committees
• Establishment of a quarterly Economic Development Committee
• Implementation of a new calendar beginning September 12th

Outcome

The motion passed by voice vote.

Council Reports - Unemployment Data

Council Member Lane presented unemployment data for Fayette County during this agenda item 1:00:12. According to the most recent available data, Fayette County's unemployment rate stood at 7.3%, which Council Member Lane noted was the lowest rate in the state at that time.

This report was presented for informational purposes and did not result in any formal action or decision by the council.