Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on July 12, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council addressed 12 agenda items during the session, including routine matters such as roll call, invocation, and approval of previous meeting minutes. The body took 6 motions and votes, heard 2 public comments, and received 1 presentation on employee health care benefit insurance marketing. The council approved committee reports, ordinances on second reading, resolutions on second reading, and resolutions on first reading as new business. The meeting also included communications from the Mayor and announcements.

Attendance

Present: Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, and Henson

Absent: Crosbie and Gorton

Late arrivals: None

Votes and Decisions

Ordinance 003-2011 1:00:52

Motion by Lawless, seconded by Martin. This ordinance amends Section 21-5(2) of the Code of Ordinances to abolish three Assistant Director Community Corrections positions and create one Community Corrections Captain position, with stipend and special duty assignment provisions. The measure passed by roll call vote, 11-2.

Voting in favor: Kay, Lane, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Henson

Voting against: Lawless, Martin

Resolution 032-2011 (Initial Vote) 1:30:53

Motion by Kay, seconded by Blues. This resolution establishes the procedure for approval of collective bargaining agreements by the Lexington-Fayette Urban County Council. The measure failed by roll call vote, 7-5.

Voting in favor: Kay, Lane, Martin, McChord, Myers, Beard, Blues

Voting against: Lawless, Stinnett, Ellinger, Farmer, Ford

Resolution 032-2011 (Reconsideration) 1:49:53

Motion by Lawless, seconded by Henson. This motion sought reconsideration of the procedure for approval of collective bargaining agreements. The measure passed by roll call vote, 8-5.

Voting in favor: Kay, Lane, Martin, McChord, Myers, Beard, Blues, Henson

Voting against: Lawless, Stinnett, Ellinger, Farmer, Ford

Resolution 032-2011 (Final Approval) 2:26:02

Motion by McChord, seconded by Myers. This resolution provided final approval of the procedure for approval of collective bargaining agreements. The measure passed by roll call vote, 8-5.

Voting in favor: Kay, Lane, Martin, McChord, Myers, Beard, Blues, Henson

Voting against: Lawless, Stinnett, Ellinger, Farmer, Ford

Resolution 047-2011 1:42:00

Motion by Ellinger, seconded by Myers. This resolution authorizes the installation of multi-way stop controls at Pink Pigeon Parkway and Plaudit Place. The measure passed unanimously by roll call vote, 13-0.

Resolution 048-2011 1:42:00

Motion by Ellinger, seconded by Stinnett. This resolution authorizes a FY2012 purchase of service agreement with Lexington Children's Museum, Inc. The measure passed unanimously by roll call vote, 13-0.

Budget and Financial Actions

The meeting approved the following financial actions and contracts:

Facilities and Fleet Management - Resolution 001-2011: Purchase of vehicle filters for the Division of Facilities and Fleet Management from Hayden Construction for $48,859

Sanitary Sewer System - Resolution 003-2011: Price contract with John Kinder Electric for sanitary sewer pump stations resistance testing and correction - Resolution 004-2011: Price contract with Leak Eliminators, LLC for sanitary sewer system rehabilitation - Resolution 031-2011: Change order to increase contract price for Wolf Run Pump Station Expansion with HDR Engineering, Inc. by $66,500

Environmental and Recycling Initiatives - Resolution 013-2011: Grant from Kentucky Energy and Environment Cabinet for purchase of 20 dumpsters for schools with high recyclable waste ($4,742.50) - Resolution 017-2011: Grant application with Kentucky Division of Waste Management for disposal or recycling of waste tires

Design and Infrastructure Projects - Resolution 014-2011: Contract modification with M2D Design Group for design of Isaac Murphy Memorial Art Garden Trail Head ($7,500) - Resolution 016-2011: Contract modification with BTM Engineering, Inc. for Tates Creek Road Sidewalk Improvements Project ($9,500) - Resolution 029-2011: Payment of $200,000 for deed and closing costs for Crimson King/Coldstream Stormwater Improvement Project

Public Safety Grants and Contracts - Resolution 018-2011: Grant application to U.S. Department of Justice for continuation of Street Sales Drug Enforcement Project ($308,854) - Resolution 019-2011: Grant from Kentucky Justice and Public Safety Cabinet for continuation of Street Sales Drug Enforcement Project with local match ($16,667) - Resolution 020-2011: Grant application to U.S. Department of Justice for Project Safe Neighborhoods Program ($77,639) - Resolution 021-2011: Grant application to U.S. Department of Justice for purchase of bulletproof vests for Fayette County Sheriff's Office ($2,100) - Resolution 022-2011: Agreement with Dive 911 for public safety dive team training ($26,300)

Education and Child Nutrition - Resolution 023-2011: Grant applications to Kentucky Department of Education for Child Care Food Program and National School Lunch Program ($125,240)

Engineering Services - Resolution 046-2011: Engineering services agreement with Tetra Tech, Inc. for consent decree implementation and MS4 permit compliance ($816,000)

Public Comment

Two speakers addressed the council during the public comment period.

Health Care Plan Changes

Pam Brandenburg, president of CSEA AFSCME Local 3562, spoke at 51:30 regarding proposed health care plan changes and their impact on civil service employees. Brandenburg expressed concern that the proposed changes would disproportionately affect classified civil service employees. She warned that the changes could result in reduced medical care access, lower employee morale, and increased resentment among the workforce. Brandenburg cautioned that employees would resist if the city continued to shift financial burdens onto them.

Yard Waste Pickup

Tony Broussette from Rosemont Garden spoke at 2:34:19 requesting city-wide yard waste pickup service. Broussette argued that implementing this service would provide both financial and environmental benefits to the city. He criticized the current system for requiring 51% of residents on a street to vote in favor of yard waste pickup, noting that renters often vote against the service despite not being permanent residents of the area.

Appointments

The following appointments and reappointments were made during this meeting:

• Ahmad Malkawi was reappointed to the Environmental Commission.

• Faith Fiene was appointed to the Library Board of Trustees.

• Laura Farnsworth was appointed to the Special Events Commission.

Contested Items

Health Care Cost Reform and Employee Impact

Council members and employee representatives engaged in heated discussion regarding proposed health care cost reforms and their effects on civil service employees. The debate centered on the financial burden that proposed changes would place on workers, with employee advocates expressing concerns that the modifications could reduce access to care and negatively impact employee morale. The administration countered these concerns by emphasizing the necessity for cost control measures and the importance of ensuring long-term sustainability of the health care system.

Collective Bargaining Agreement Approval Process

A resolution to establish a council vote on collective bargaining agreements generated intense debate among council members. The disagreement focused on multiple governance issues, including fiscal responsibility, the separation of powers between the council and the mayor's office, and the appropriate role each body should play in approving collective bargaining agreements. The resolution ultimately passed on a narrow 8-5 vote after the matter was reconsidered, indicating significant division within the council on this procedural and policy question.

Roll Call

The roll call was conducted by Clerk Susan Lamb at the beginning of the meeting 0:00. Thirteen council members were present, while two members were absent. The roll call served as an informational item to establish a quorum and document attendance for the official record of the meeting.

Invocation

Rev. Mark Davis of First Presbyterian Church offered the invocation at the beginning of the meeting 1:14. In his remarks, Rev. Davis expressed gratitude for the rain and offered prayers for the council to act in the common good as it conducted its business.

Minutes of Previous Meetings

2:57

The Council reviewed and approved the minutes from three previous meetings held on May 12, May 26, and June 14, 2011.

Council Member Beard moved to approve the minutes, and Council Member Ellinger seconded the motion. The minutes were approved by unanimous vote.

Presentation: Employee Health Care – Benefit Insurance Marketing

Briggs Cochran and Benji Marrs from Benefit Insurance Marketing presented an analysis of LFUCG's health care costs to the council 3:31. The presentation highlighted significant financial challenges facing the organization's employee health benefits program.

Key Findings

The presenters identified a $33 million shortfall projected over three years related to health care expenses. The analysis also revealed that LFUCG's per-employee spending on health care was notably high compared to benchmarks, indicating a need for comprehensive reform of the current benefits structure.

Council Concerns

Several council members raised questions and concerns during the presentation:

• Employee Impact: Council members expressed concern about how proposed changes would affect current employees and their access to health care benefits.
• Budgeting: Questions were raised regarding how the identified shortfall would be addressed in the budget and what options were available for cost management.
• Selection Process: Concerns were raised about the process by which Benefit Insurance Marketing was selected to conduct this analysis and provide recommendations.

Council members who participated in the discussion included Lawless, McCord, Henson, Stinnett, and Lane.

Outcome

The presentation was informational in nature, providing the council with data on the current state of LFUCG's employee health care costs and the financial pressures facing the program. No immediate decisions or votes were recorded as a result of this agenda item.

Committee Reports – Committee of the Whole

57:23

Council Member Ellinger reported on two motions from the Committee of the Whole.

The first motion recommended a multi-way stop at the intersection of Pink Pigeon and Plaudit Place. This motion passed unanimously.

The second motion was to approve a FY2012 purchase of service agreement with Lexington Children's Museum. This motion also passed unanimously.

Both items were approved without objection.

Ordinances – Second Reading

59:40

Several ordinances were presented for second reading and approval during this portion of the meeting. The agenda item encompassed a range of municipal matters, including zoning changes, budget amendments, staff position changes, and street closures.

Key speakers during this section included Lawless, Stinnett, Bishop, Mason, and Jarvis, who participated in the discussion and deliberation of the various ordinances under consideration.

One ordinance of particular note involved Community Corrections. This ordinance was initially tabled during the discussion but was subsequently reconsidered and ultimately passed by the body.

All ordinances presented for second reading were approved by the end of this agenda item.

Resolutions – Second Reading

1:19:16

Multiple resolutions received second reading approval during this portion of the meeting. The resolutions addressed contracts and grants spanning engineering, maintenance, environmental, public safety, and education initiatives.

Key speakers during this agenda item included Kay, Blues, Ellinger, Myers, Martin, and Ford.

Among the resolutions considered was a measure to establish collective bargaining approval procedures. This resolution initially failed to pass but was subsequently reconsidered and approved by the body.

The resolutions approved included:

• Contracts for engineering services
• Contracts for maintenance services
• Grants for environmental projects
• Grants for public safety projects
• Grants for education projects
• A resolution establishing collective bargaining approval procedures

The outcome of the second reading was approval of the resolutions presented.

Resolutions – First Reading (New Business)

1:35:14

During this agenda item, the council introduced and approved several new resolutions on first reading. The resolutions addressed a range of municipal matters, including gas franchise agreements, neighborhood association agreements, and contracts for IT services, auditing, and office space.

Key speakers on this item included Ellinger, Stinnett, and Myers. The council suspended the rules to expedite the approval process for these resolutions, allowing them to move forward more quickly than standard procedure would typically permit.

The resolutions were approved as presented. No specific concerns or objections were documented during the discussion of these items.

Communications from the Mayor

2:24:54

Mayor Gray presented communications regarding appointments and reappointments to various boards and commissions. The mayor recommended reappointments and appointments to the following bodies:

• Environmental Commission
• Library Board of Trustees
• Special Events Commission

This agenda item was presented as informational in nature. No debate or concerns were documented as part of this communication.

Communication from the Mayor (For Information Only)

Mayor Gray announced the reinstatement of Lamont Graves, Firefighter, effective July 13, 2011. 2:24:54

This item was presented for informational purposes only and did not require a vote or further action from the body.

Announcements

2:28:51

Council members Lawless and Ford shared several announcements regarding upcoming community events and initiatives.

The announcements included:

• South Hill Neighborhood Association meeting — Details were provided about an upcoming meeting for this neighborhood association.

• Charles Young Center Redevelopment Task Force — Information was shared regarding this task force and its activities.

• 9th Annual Bluegrass Minority Business Expo — Council members announced this upcoming business expo event.

This agenda item was informational in nature, with no formal debate or action required. The announcements were intended to inform council members and the public about upcoming events and opportunities in the community.

Public Comment

During the public comment period, residents addressed the City Council with concerns about municipal services and policies.

Key Speakers and Topics

Tony Broussette and Pam Brandenburg provided comments to the council. Residents raised a request for city-wide yard waste pickup service and expressed concerns regarding the environmental and financial impacts of current city policies.

Outcome

This agenda item was informational in nature, with no formal action taken during the meeting.