Council Work Session

Summary

Meeting Overview

The Urban County Council met on May 15, 2012, at 3:00 p.m. in the Council Chambers, 2nd Floor Government Center, in Lexington, Kentucky. Mayor Jim Gray presided over the meeting, which included eight agenda items, 15 motions and votes, and 10 public comments from citizens.

The council approved several items during the session, including Docket Approval, Summary Approval, Budget Amendments, New Business, and the Mayor's Report. Two agenda items—Continuing Business/Presentations and Council Reports—were presented for informational purposes. The meeting also included a public comment period for issues not on the agenda, allowing residents to address the council on matters of their choosing.

Attendance

The following individuals were present at the meeting on May 15, 2012:

• Jim Gray
• Richard Moloney
• Vice Mayor Gordon
• Council Member Blues
• Council Member Kay
• Council Member Ford
• Council Member Lawless
• Council Member Beard
• Council Member Martin
• Council Member Henson
• Council Member Ellinger
• Council Member Lane
• Council Member Myers
• Council Member Crosby
• Council Member Stinnett

No members were recorded as absent or arriving late.

Votes and Decisions

Approve the Docket 10:01 Motion by Council Member Blues, seconded by Council Member Stinnett. Passed by voice vote.

Place Memorandum of Agreement with Fayette County Attorney's Office for Driver's Education Program on Docket for May 17, 2012 10:01 Motion by Vice Mayor Gordon, seconded by Council Member Kay. Passed by voice vote.

Place Resolution Establishing Residential Parking Permit Program for 1200 Block of Kastle Road on Docket for May 17, 2012 19:56 Motion by Council Member Lawless, seconded by Council Member Crosby. Passed 13–2 by roll call vote. Voted in favor: Jim Gray, Richard Moloney, Vice Mayor Gordon, Council Member Blues, Council Member Kay, Council Member Ford, Council Member Beard, Council Member Martin, Council Member Henson, Council Member Ellinger, Council Member Lane, Council Member Myers, and Council Member Crosby. Voted against: Council Member Lawless and Council Member Stinnett. The motion waives provisions relating to mechanics of designating residential parking permit areas adopted by Resolution No. 168-90 and amended by Resolutions No. 450-91 and 433-2006.

Place Ordinance Authorizing Issuance of $10,350,000 in Industrial Revenue Bonds to Transylvania University on Docket for May 17, 2012 24:25 Motion by Council Member Ford, seconded by Council Member Lane. Passed unanimously. The issuance does not constitute a debt of the Urban County Government.

Place Resolution Amending Section 2.204 of Council Rules to Allow Council to Consider and Act on Any Matter Referred to a Committee 22:06 Motion by Council Member Myers, seconded by Council Member Ellinger. Passed 13–2 by roll call vote. Voted in favor: Jim Gray, Richard Moloney, Vice Mayor Gordon, Council Member Blues, Council Member Kay, Council Member Ford, Council Member Beard, Council Member Martin, Council Member Henson, Council Member Ellinger, Council Member Lane, Council Member Myers, and Council Member Crosby. Voted against: Council Member Lawless and Council Member Stinnett.

Add Lansdowne Elementary PTA and Southern Heights Neighborhood Association to NDF List 26:01 Motion by Council Member Beard, seconded by Council Member Myers. Passed by voice vote.

Approve Summary from May 8, 2012 Work Session 27:40 Motion by Council Member Beard, seconded by Vice Mayor Gordon. Passed by voice vote.

Approve Budget Amendments 28:11 Motion by Council Member Farmer, seconded by Council Member Lawless. Passed by voice vote.

Approve New Business 39:01 Motion by Council Member Farmer, seconded by Vice Mayor Gordon. Passed by voice vote.

Approve NDF List 46:39 Motion by Council Member Beard, seconded by Vice Mayor Gordon. Passed by voice vote.

Approve Planning and Public Works Committee Summary from May 8, 2012 47:11 Motion by Council Member Farmer, seconded by Vice Mayor Gordon. Passed by voice vote.

Approve Mayor's Report 43:05 Motion by Council Member Crosby, seconded by Council Member Lane. Passed 14–1 by roll call vote. Voted in favor: Jim Gray, Richard Moloney, Vice Mayor Gordon, Council Member Blues, Council Member Kay, Council Member Ford, Council Member Beard, Council Member Martin, Council Member Henson, Council Member Ellinger, Council Member Lane, Council Member Myers, Council Member Crosby, and Council Member Stinnett. Voted against: Council Member Lawless.

Go into Closed Session Pursuant to KRS 61.810(1)(c) for Discussion of Pending Litigation 1:43:35 Motion by Vice Mayor Gordon, seconded by Council Member Kay. Passed by voice vote.

Come Out of Closed Session 1:43:35 Motion by Council Member Blues, seconded by Council Member Beard. Passed by voice vote.

Adjourn 1:43:35 Motion by Council Member Farmer, seconded by Council Member Beard. Passed by voice vote.

Budget and Financial Actions

The meeting addressed multiple contract authorizations, amendments, and budget adjustments:

Construction and Infrastructure - Change Order No. 1 (final) to ABR Construction, Inc. for Lexington Mall Sanitary Sewer Trunk Realignment: $6,028.06 (L513-12) - Contract Modification No. 1 to Lexington Distillery District Public Improvements Project Feasibility Study: $83,202 (L515-12)

Utilities and Services - Two-year natural gas contract authorization with Columbia Gas of Kentucky: $240,000 (L488-12) - Agreement with United States Geological Survey for stream flow and rain gauge operation and maintenance: $115,740.00 (L514-12) - Thomson West contracts for online legal research, CLEAR legal research, and book publications: $30,000 annually (L519-12) - Eighth Contract Amendment with AmeriNational Community Services, Inc. for HOME and CDBG loan servicing: $60,000 over two years (L505-12)

Public Safety and Grants - Kentucky Office of Homeland Security agreements for 2011 State Homeland Security Grant Program projects (no budgetary impact) (L503-12) - Kentucky Office of Homeland Security extension of performance period for Metropolitan Medical Response System Project (no budgetary impact) (L504-12, L507-12)

Transportation and Other Agreements - Kentucky Transportation Cabinet amendments for Newtown Pike Landscaping Project (no budgetary impact) (L509-12) - Kentucky Transportation Cabinet amendment for Safe Routes to School Project (no budgetary impact) (L510-12) - Buy Rite Technologies, Inc. reverse auction services contract (no fees or charges incurred) (L523-12)

Personnel and Budget Amendments - Code of Ordinances amendment to abolish HCM Manager Enterprise Solutions and create Information Systems Service Level Manager: $14,355.53 annual impact (L518-12) - Lexington Public Library appropriation adjustment: $195,661.00 (Journal 60193) - Sprint cellphone bill reimbursement: $347.92 (Journal 60194-95) - Skuller's Clock Project repair funds: $5,835.00 (Journal 60294-95) - Juvenile Justice Accountability Block Grant 2012 amendment for police overtime, food, and drug tests: $3,563.61 (Journal 60296) - Water Quality Management Fund Lilly purchase adjustment: $3,760.00 (Journal 60196-97) - Removal of unrecieved Historic Preservation FY 2011 grant: $20,000.00 (Journal 45493R) - Removal of unrecieved Collision Reporting Quality Control FY 2012 grant: $10,000.00 (Journal TBD)

Public Comment

Several council members raised matters for consideration during the meeting:

Landfill Property and Economic Development Council Member Farmer questioned whether the use of landfill property for a driver education program was permanent and expressed concern about potential economic development opportunities being foreclosed. 17:10

Residential Parking Permits Council Member Lawless moved to place a resolution on the docket to establish a residential parking permit program for the 1200 block of Kastle Road, which was approved by a 13-2 vote. 19:56

Council Rules Amendment Council Member Myers proposed amending Council rules to allow the full Council to consider and act on any matter referred to a committee. This proposal passed by a 13-2 vote. 22:06

Industrial Revenue Bonds Council Member Ford moved to place an ordinance authorizing $10.35 million in industrial revenue bonds for Transylvania University on the docket, which passed unanimously. 24:25

Neighborhood Development Fund Council Member Beard moved to add Lansdowne Elementary PTA and Southern Heights Neighborhood Association to the Neighborhood Development Fund list, which passed without dissent. 26:01

Recognition and Announcements Vice Mayor Gordon publicly thanked Darylman Combs for her service as temporary acting citizen advocate and wished her well in retirement. 26:33

Council Member McCord announced that James Cecil, a WWII Marine and last surviving member of the Lexington Platoon, would be honored at the next council meeting. 1:33:10

Policy Questions Council Member Henson asked about the composition and timeline of a pension task force, which was explained by Council Member Martin. 1:10:01

Council Member Ford asked the Mayor to share his vision for the proposed Commission on Homelessness, to which the Mayor responded with a framework for convening stakeholders to address the issue. 1:35:15

Voter Reminder Council Member Crosby reminded the public to vote in the upcoming Kentucky Primary Day. 1:41:59

Appointments

Darylman Combs resigned from the position of Citizen Advocate.

Contested Items

The May 15, 2012 meeting included four contested matters that generated either split votes or heated discussion among council members.

Residential Parking Permit Program for Kastle Road

A motion to place a resolution regarding a residential parking permit program for Kastle Road on the docket passed 13-2. Council Members Lawless and Stinnett voted against the motion, indicating opposition to advancing this item for consideration.

Amendment to Council Rules on Committee-Referred Matters

The council voted 13-2 to amend Council rules to allow consideration of committee-referred matters. Council Members Lawless and Stinnett again dissented, suggesting disagreement over this procedural change.

Landfill Property Use for Driver Education Program

Council Member Farmer raised concerns about a proposal to use landfill property for a driver education program. Farmer questioned the permanence of the property use and expressed worry about potential loss of economic development opportunities. This prompted discussion among council members about the matter.

Police and Fire Pension Fund Crisis

Council Member Martin presented information on an unfunded pension liability affecting police and fire pension funds. The presentation sparked detailed and passionate discussion among multiple council members, who expressed concern over the financial implications and emphasized the need for legislative action to address the crisis.

Docket Approval

10:01

The Council approved the docket for the May 17, 2012 meeting. Council members discussed and voted on several motions to place items on the upcoming agenda.

Items Approved for the May 17, 2012 Docket:

• Memorandum of Agreement with the Fayette County Attorney's Office
• Resolution for a residential parking permit program on Kastle Road

Key Participants:

The discussion involved Council Member Blues, Vice Mayor Gordon, Council Member Lawless, Council Member Ford, and Council Member Myers.

Outcome:

The docket was approved as presented.

Summary Approval

The Council addressed the approval of the summary from the May 8, 2012 Work Session 27:40. Council Member Beard and Vice Mayor Gordon were the key speakers during this discussion.

The summary under consideration included updates on various committee activities and reports from the previous work session. The Council reviewed these documented items to ensure accuracy and completeness of the record.

The Council voted to approve the summary from the May 8, 2012 Work Session.

Budget Amendments

The Council approved a series of budget amendments during this agenda item 28:11.

Amendments Approved

The approved amendments included:

• Adjustments to the Lexington Public Library appropriation
• Funds for the Sprint cellphone bill
• Allocations for the Skuller's Clock project
• Other grants

Key Speakers

Council Member Farmer and Vice Mayor Gordon participated in the discussion of these budget amendments.

Outcome

All budget amendments were approved by the Council.

New Business

39:01

The Council addressed new business items during this portion of the meeting.

Items Approved:

• Change order for the Lexington Mall Sanitary Sewer Trunk Realignment
• Contract modification for the Lexington Distillery District Feasibility Study

Key Participants:

Council Member Farmer and Council Member Martin were the primary speakers on these matters.

Outcome:

The Council approved the new business items presented.

Continuing Business/Presentations

Council Member Farmer presented a report on the Planning and Public Works Committee's May 8 meeting 47:11. The presentation covered three primary infrastructure and planning topics:

Downtown Traffic Management Study The Committee received an update on the ongoing downtown traffic management study, which examined traffic patterns and management strategies in the downtown area.

Oliver Lewis Way Project The Committee discussed progress on the Oliver Lewis Way project, reviewing current status and developments related to this initiative.

Todd's Road Widening An update was provided on the Todd's Road widening project, including relevant project details and timeline information.

Outcome This was an informational presentation with no motions made. The Council received the report from the Planning and Public Works Committee without taking formal action on the items presented.

Council Reports

Council members provided updates on several ongoing initiatives and processes during this informational segment of the meeting.

New Life Day Center Zoning Process

Council Member Kay, Council Member Ford, Council Member McCord, and Council Member Martin discussed the zoning process for the New Life Day Center, providing updates on the status and progress of this initiative.

Police and Fire Pension Task Force

The council members reported on activities related to a task force addressing police and fire pension matters, keeping the council informed of developments in this area.

Commission on Homelessness

An upcoming Commission on Homelessness was highlighted during the reports, with council members noting its forthcoming establishment or activities.

The Council Reports segment served as an informational update, allowing council members to brief their colleagues on various departmental and citywide initiatives without formal action or debate. 1:23:09

Mayor's Report

The Mayor's Report was presented as agenda item VII during the meeting. Council Member Crosby moved to approve the report, and Council Member Lane seconded the motion 1:43:05. The report was subsequently approved.

Public Comment - Issues Not on Agenda

1:41:59

During this portion of the meeting, public comments were received on several topics not included on the formal agenda.

Topics Addressed

The comments covered three main subjects:

• The upcoming Primary Day
• Honoring of WWII veteran James Cecil
• The Commission on Homelessness

Key Speakers

Council Member Crosby, Council Member McCord, and Council Member Ford participated in this segment.

Outcome

This agenda item was informational in nature, with no formal action taken on the matters raised during public comment.