Council Work Session

Summary

Meeting Overview

The Lexington Fayette Urban County Government held a work session on March 20, 2012, at 3:00 p.m. in the Council Chamber, presided over by Mayor Gray. During this meeting, the Urban County Council addressed nine agenda items and took 13 votes. The council heard one public comment on issues related to the agenda.

The meeting covered a range of business including approval of requested rezonings and docket items, adoption of a summary, consideration of budget amendments, and discussion of new and continuing business with presentations. The council also held a closed session and voted to adjourn at the conclusion of the meeting. All major agenda items were approved during the session.

Attendance

Present: - Mayor Gray - CM McChord - CM Ellinger - CM Stinnett - CM Henson - CM Kay - CM Beard - CM Martin - CM Lawless - CM Myers - CM Lane - CM Blues - CM Ford - CM Jarvis - CM Moloney - CM Gooding - CM Mason - CM Emmons - CM Atkins - CM Marwan - CM Crowe

Absent: - VM Gorton

Late: None recorded

Votes and Decisions

The meeting included 13 votes, all of which passed.

Unanimous Votes

The following items were approved by unanimous vote:

• Placing #6 under Ordinances-1st Reading on the docket for 3.8.12 without a hearing (motion by CM McChord, second by CM Ellinger)
• Approving a resolution authorizing the mayor to execute a letter of agreement and extension of KAWC billing agreements and a customer service and billing agreements with the city of Cincinnati (motion by CM Stinnett, second by CM Henson)
• Approving the amended docket (motion by CM Ellinger, second by CM Kay)
• Approving the summary after corrections (motion by CM Beard, second by CM Ellinger)
• Approving the budget amendments (motion by CM Ellinger, second by CM Beard)
• Approving all New Business items (motion by CM Blues, second by CM Beard)
• Approving the NDF list (motion by CM Ellinger, second by CM Stinnett)
• Approving closing of Berry Hill & Constitution Pools and funding of demolition from FY2012 & FY2013 operating reductions, reprogramming sites for softball field and skate park, and beginning demolition (motion by CM Stinnett, second by CM Myers)
• Placing into Public Safety Committee the idea of working out a framework or list of designated emergency shelters (motion by CM Farmer, second by CM McChord)
• Placing into Public Safety Committee an ordinance prohibiting the running of large horses or other members of the equine family and establishing a penalty for such violations (motion by CM Stinnett, second by CM McChord)
• Returning to open session after closed session (motion by CM Lawless, second by CM Kay)
• Adjourning the Work Session (motion by CM Stinnett, second by CM Martin)

Roll Call Vote

One item required a roll call vote:

• Entering into closed session pursuant to KRS 61.81(0)(1)(c) for discussion of pending litigation (motion by CM Kay, second by CM Ellinger): 19 ayes, 1 nay. Those voting in favor were Mayor Gray, CM McChord, CM Ellinger, CM Henson, CM Kay, CM Beard, CM Martin, CM Lawless, CM Myers, CM Lane, CM Blues, CM Ford, CM Jarvis, CM Moloney, CM Gooding, CM Mason, CM Emmons, CM Atkins, CM Marwan, and CM Crowe. CM Stinnett voted against the motion.

Budget and Financial Actions

The meeting approved 32 financial items totaling approximately $3.5 million in amendments, grants, contracts, and purchases.

Budget Amendments

The council approved 22 budget amendments (Journals 58597-58879 and 1101) to address operational needs and revenue recognition:

• Vehicle fuel and repairs for the Division of Planning: $2,750.00 (Journal 58597)
• Overtime and sign materials: $18,111.37 (Journal 58659-60)
• Filing fees from Law Department Collections: $10,000.00 (Journal 58863-64)
• Operating expenses from National Arts Program Foundation donation: $2,400.00 (Journal 58653-54)
• Sweet 16 food costs from Kentucky High School Athletic Association: $2,000.00 (Journal 58655-56)
• Sweet 16 food costs from Lexington Convention & Visitors Bureau: $2,500.00 (Journal 58657-58)
• Senior Intern program from donations: $3,515.00 (Journal 58856-57)
• Waste Management Kentucky Pride FY 2012 personnel recovery: $23,440.00 (Journal 58618)
• State road maintenance equipment: $10,000.00 (Journal 58650)
• Police Bond account reallocation: $663,260.66 (Journal 58867)
• Police Bond fund removal: $25,000.00 (Journal 58869)
• RFB development and radio fiber connectivity: $500,000.00 (Journal 58871)
• Legacy Trail project reduction: $35,488.75 (Journal 58865-66)
• Home Network 2010 rebudgeting: $4,481.64 (Journal 58875)
• Kentucky Infrastructure Authority SRF Loan interest: $276,082.10 (Journal 58859)
• User fee billing and collection project management: $430,000.00 combined (Journals 58860, 58861, 58862)
• Police position adjustment (Lieutenant for Captain): $4,600.00 (Journal 1101)

Grants and Contracts

The council approved grants and contracts including:

• Kentucky Recycling Grant Program for Comingled Commercial Sorting Line: $500,000.00 from Kentucky Energy and Environment Cabinet (L284-12)
• Legacy Trail Enhancements: $589,511.25 from Kentucky Transportation Cabinet (L275-12)
• Isaac Murphy Memorial Garden: $117,902.25 from Kentucky Transportation Cabinet (L273-12)
• OmniSource Integrated Supply temporary employees: $30,000.00 (L262-12)
• Chemical Stockpile Emergency Preparedness Program: $580,700.00 from Kentucky Department of Military Affairs (L283-12)
• Emergency housing support through Volunteers of America: $8,000.00 (L279-12)
• Property purchase at 436 Locust Avenue: $85,000.00 (L266-12)

Public Comment

Chris Heinz, Corporate Comptroller for A&W Restaurants, addressed the meeting regarding the company's relocation to Lexington. Mr. Heinz spoke about the positive impact of A&W Restaurants' recent move to the area.

Contested Items

Closed Session Motion

A motion to enter closed session resulted in a split vote, revealing minor disagreement among council members. The motion passed with 19 ayes and 1 nay. Council Member Stinnett cast the sole dissenting vote.

The closed session was intended to discuss pending litigation in private. While the motion ultimately succeeded with overwhelming support, Stinnett's opposition indicated a difference of opinion regarding whether this matter should be deliberated behind closed doors.

Public Comment - Issues on Agenda

During this portion of the meeting, one public comment was received regarding an agenda item.

Chris Heinz of A&W Restaurants provided a comment about the company's recent relocation to Lexington. No additional public comments were made on other agenda items.

The outcome of this agenda item was informational in nature.

Requested Rezonings / Docket Approval

The council addressed three related motions during this agenda item.

Actions Taken

A motion was made to approve placing item #6 under Ordinances-1st Reading on the docket for March 8, 2012, without a hearing. This motion was followed by a second motion to approve a resolution authorizing the mayor to execute a letter of agreement and extension of KAWC billing agreements with Cincinnati. A third motion approved the amended docket incorporating these changes.

Council Members Involved

The following council members participated in the discussion and voting: CM McChord, CM Ellinger, CM Stinnett, CM Henson, and CM Kay.

Outcome

All motions were approved.

Approval of Summary

The Council approved the summary from the March 6, 2012 Work Session following the completion of corrections.

Corrections Made

CM Martin and CM Lawless requested a review of the attendance record for February 28, 2012. This attendance information was corrected before the summary was brought forward for approval.

Speakers

The following Council Members participated in this agenda item: CM Martin, CM Lawless, CM Beard, and CM Ellinger.

Outcome

The summary from the March 6, 2012 Work Session was approved.

Budget Amendments

The council approved budget amendments to multiple funds during this agenda item. The adjustments addressed various operational needs across the city's budget, including expenditures for vehicle fuel, filing fees, and personnel recovery.

Council Members Ellinger and Beard were the key speakers on this item.

The amendments affected several funds, including the General Fund and Urban Services Fund, among others. The specific operational needs covered by these adjustments encompassed vehicle fuel costs, filing fees, and personnel recovery expenses.

The budget amendments were approved by the council.

New Business

A series of new business items were presented and approved during this agenda item. The discussion was led by CM Blues and CM Beard.

The approved items included:

• Authorization to amend the Code of Ordinances
• Execution of agreements with various entities
• Approval of donations
• Authorization of purchases and grants for multiple projects

The projects receiving authorization included:

• Legacy Trail improvements
• Parks improvements
• Emergency preparedness initiatives

All new business items were approved by the council.

Continuing Business / Presentations

During this agenda item, a presentation was delivered regarding the Berry Hill & Constitution Pools. The presentation covered the closure and demolition of these facilities, along with plans to reprogram the sites for future use.

Key Topics Discussed:

• Closure and demolition of Berry Hill & Constitution Pools
• Reprogramming plans for the pool sites, including conversion to a softball field and skate park

Key Speakers:

The presentation involved Jerry Hancock and Brian Rogers, with input from CM Stinnett and CM Myers.

Outcome:

The NDF list was approved during this agenda item. The presentation concluded with approval of the discussed plans.

Council Report

Council members provided updates on various topics during this agenda item. The discussion included reports on storm response, emergency shelter planning, and upcoming events.

Key Speakers

The following council members participated in the discussion: - CM Farmer - CM Lawless - CM Stinnett - CM McChord - CM Beard

Discussion Topics

Council members addressed storm response efforts and emergency shelter planning. The emergency shelter framework was a central focus of the discussion.

Outcome

A motion was passed to place the emergency shelter framework into the Public Safety Committee for further review and action.

Closed Session

A motion was made to enter closed session for discussion of pending litigation. The motion passed with one dissent.

Key Participants

Council Members Kay, Ellinger, and Lawless were the key speakers during this agenda item.

Outcome

The motion to enter closed session was approved. The session was subsequently returned to open session.

Adjournment

A motion to adjourn the Work Session was made by Council Members Stinnett and Martin. The motion passed without dissent, concluding the meeting at 4:32 PM.