Council Work Session

Summary

Meeting Overview

The Urban County Council met on May 29, 2012, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. The council addressed nine agenda items during the session, including public comment periods, zoning matters, budget amendments, and various reports. The body took 10 motions and votes throughout the meeting and heard 1 public comment from citizens.

Among the items approved were requested rezonings, a summary approval, budget amendments, and new business items. The council also received informational presentations and reports, including continuing business presentations, council reports, and a mayor's report. The meeting concluded with a public comment period for issues not on the agenda.

Attendance

The following individuals were present at the meeting on May 29, 2012:

• Mayor Jim Gray
• Council Member Beard
• Council Member Blues
• Council Member Gorton
• Council Member Stinnett
• Council Member Kay
• Council Member Crosbie
• Council Member Lane
• Council Member Farmer
• Council Member Myers
• Council Member Ellinger
• Council Member Martin
• Council Member McChord
• Council Member Henson

No council members were absent or late.

Votes and Decisions

All motions were decided by voice vote.

Approval of the summary from the May 29th, 2012 Work Session 1:33 Motion by Council Member Beard, seconded by Council Member Blues. Passed.

Approval of budget amendments 6:19 Motion by Council Member Gorton, seconded by Council Member Myers. Passed.

Approval of new business items 6:51 Motion by Council Member Gorton, seconded by Council Member Beard. Passed.

Motion to hold a Council Workshop on item K (proposed new jail fees) 7:22 Motion by Council Member Stinnett, seconded by Council Member McChord. Passed.

Motion to place on the docket for first reading a transfer of $750.00 from Council Member Kay's Neighborhood Development Funds to the Department of Parks and Recreation for the Better Bites program 7:22 Motion by Council Member Kay, seconded by Council Member McChord. Passed.

Motion to approve the Neighborhood Development Fund (NDF) list 43:53 Motion by Council Member Beard, seconded by Council Member Myers. Passed.

Motion to approve the Mayor's Report Motion by Council Member Crosbie, seconded by Council Member Blues. Passed.

Motion to enter closed session pursuant to KRS 61.810 for discussion of pending litigation Motion by Council Member Gorton, seconded by Council Member Lane. Passed.

Motion to return from closed session Motion by Council Member Lane, seconded by Council Member Beard. Passed.

Motion to adjourn Motion by Council Member Martin, seconded by Council Member Blues. Passed.

Budget and Financial Actions

The meeting authorized the following financial actions and contractual agreements:

Project Closeouts and Change Orders

• Authorization (L517-12) to execute a Mutual Release Agreement with Gershman, Brickner & Bratton, Inc. for $45,000 to close out the Materials Recovery Facility (MRF) Project and the Waste Management Routing Project and resolve all related claims.
• Authorization (L521-12) to execute Change Order No. 1 with VanHook Enterprises, Inc. for $5,830.18 for additional work on the West Hickman WWTP Solids Building HVAC and Odor Control Improvements Project.
• Authorization (L545-12) to execute Change Order No. 1 with Sensabaugh Design & Construction for $3,275 for additional work on the Police Pole Barn Storage Building.

Service and Maintenance Contracts

• Authorization (L536-12) to renew a contract with Group CJ for $209,000 for stormwater education and outreach services for one year beginning July 1, 2012.
• Authorization (L542-12) to execute Professional Service Agreements for landscape architectural services with Barrett Partners, Inc., M2D Design Group, and Perkins Landscape for yard restorations as part of Sanitary and Stormwater Projects.
• Authorization (L550-12) to execute a contract with Verdin Company for $25,415 for restoration and re-installation of the historic Skuller's street clock on West Main Street.
• Authorization (L566-12) to enter into a lease agreement with West End Community Empowerment Project of Lexington, Inc. (WECEP) for $11,717.58 for space within the Black & Williams Neighborhood Center at 498 Georgetown Street.

Grants and Programs

• Authorization (L548-12) to submit an application to the Kentucky Cabinet for Health and Family Services and accept an award of $314,247 for continuation of the New Chance Program for FY 2013.
• Authorization (L549-12) to submit an application to the Kentucky Department of Juvenile Justice and accept an award of $16,183 under the Juvenile Accountability Block Grant Program for FY 2013.

Additional Authorizations

• Authorization (L532-12) to execute an agreement with Marathon Pipe Line, LLC granting right of entry and right to utilize pond water for pipeline testing at the West Hickman Wastewater Treatment Plant.
• Authorization (L546-12) to execute a modification to an agreement with the Kentucky Division of Emergency Management under the Federal Emergency Management Agency's Hazard Mitigation Grant Program.
• Authorization (L563-12) to accept the Collective Bargaining Agreement with Bluegrass Fraternal Order of Police, Lodge No. 4 on behalf of Police Officers and Sergeants Unit.
• Authorization (L567-12) to enter into an agreement with the University of Kentucky to create a sponsorship Paramedic education program known as UK/LDFES Paramedic Affiliation.
• Authorization (L555-12) to amend Section 24-51 of the Code of Ordinances relating to inmate medical fees at the detention center.
• Authorization (L569-12) to adopt a resolution allowing an amendment to Lexington Christian Academy's Industrial Revenue Bond based on obtaining a more favorable interest rate.
• Authorization (L570-12) to amend Section 2-180 of the Code of Ordinances to add the Commissioner of Finance as an ex-officio voting member of the Board of Commissioners of the Lexington and Fayette County Parking Authority.

Public Comment

2:38:49 Mr. Corey Dunn, a former inmate, addressed the board regarding the proposed inmate medical co-pay policy. Mr. Dunn expressed concern that the proposed $15 medical co-pay and $35 booking fee would create an unfair financial burden on the families of incarcerated individuals. He noted that most inmates are unemployed and depend on family support to obtain funds, making these fees particularly difficult for families to absorb.

Contested Items

Inmate Medical Co-Pay and Booking Fee Ordinance

Council members engaged in a heated discussion regarding proposed increases to inmate fees. The debate centered on raising the inmate medical co-pay from $5 to $15 and the booking fee from $20 to $35. Council members expressed concerns about the fairness of these increases and their impact on indigent inmates and their families. Rather than reaching immediate resolution, a workshop was scheduled to allow for further discussion of the proposal.

Franchise Fee Increase

Council members expressed surprise and concern over a proposed increase in franchise fees from 3% to 4%, representing a 33% increase overall. The contested issue was not merely the increase itself, but the lack of transparency surrounding it. Council members questioned the rationale behind the increase and noted that it had not been clearly communicated during the budget process, raising concerns about the decision-making procedures and public notification.

Reallocation of UDAG Repayment Funds to Charles Young Center

A procedural dispute arose regarding the proposed reallocation of unused UDAG repayment funds to the Charles Young Center. Council members raised concerns about the lack of public input and transparency in this reallocation decision. The core disagreement centered on whether the city had followed appropriate procedures for redirecting funds from one purpose to another. Council members called for the establishment of a formal process or ordinance to govern such reallocations in the future, indicating that the current approach was viewed as insufficiently transparent and accountable to the public.

Public Comment - Issues on Agenda

No public comments were made during this portion of the meeting regarding items on the agenda. 1:02

Requested Rezonings/ Docket Approval

1:02

No rezoning requests were presented during this agenda item. The docket was approved without objection.

Approval of Summary

The summary from the May 29th, 2012 Work Session was presented for approval. Council Member Beard and Council Member Blues participated in the discussion of this agenda item.

The summary was approved without dissent.

1:33

Budget Amendments

The council approved a series of budget amendments during this agenda item 2:15. The amendments addressed adjustments for overtime, personnel recovery, and grant funding.

Key Participants

Council Members Gorton, Ford, and Crosby participated in the discussion of these budget amendments.

Discussion and Concerns

Council members raised questions about revenue sources and the impacts of the proposed projects during their review of the amendments.

Outcome

The budget amendments were approved.

New Business

New Business items were presented and approved during this portion of the meeting. 6:51

Items Approved

The council approved several new business items, including:

• A contract for stormwater outreach
• Street clock restoration
• Modifications to the jail fee ordinance

Jail Fee Ordinance Discussion

The proposed modifications to the jail fee ordinance generated discussion among council members. Rather than finalizing the changes immediately, the council scheduled a workshop to allow for more detailed discussion of the proposed jail fee changes before final approval.

Key Participants

Council Members Lawless, Stinnett, and Myers were the primary speakers during this agenda item.

Outcome

The new business items were approved as presented.

Continuing Business/Presentations

During this agenda item, the council received presentations on three main topics: the Environmental Quality Committee report, franchise agreements, and a collective bargaining agreement with the Fraternal Order of Police.

Key Speakers and Presentations

David Barbary, Don Crane, and Richard Moloney led the presentations during this segment, which began approximately 48 minutes and 31 seconds into the meeting.

Topics Covered

The presentations addressed:

• Environmental Quality Committee report
• Franchise agreements, including discussion of a franchise fee increase
• Collective bargaining agreement with the Fraternal Order of Police, with particular attention to contract savings

Outcome

This agenda item was informational in nature, with no formal action items resulting from the presentations. The council received updates on these continuing business matters and the related financial considerations, including the proposed franchise fee increase and identified savings within the police contract.

Council Reports

1:51:24

Council members provided updates on upcoming community events during this informational segment.

Council Member McCord and Council Member Farmer shared information about two significant upcoming events:

• Bike Lexington — An upcoming cycling event was highlighted by council members
• Bluegrass State Games kickoff — A kickoff event scheduled to take place at the airport runway

The reports were presented as informational updates to keep the council and public informed of upcoming activities in the community. No formal action or debate was recorded for this agenda item.

Mayor's Report

The Mayor's Report was presented as agenda item VIII and was approved without dissent 0:00.

Speakers

Council Member Crosbie and Council Member Blues participated in the discussion of this agenda item.

Outcome

The report was approved without opposition from the council.

Summary

The Mayor's Report included updates on city operations and initiatives. No specific details regarding the content of these updates or operational matters were documented in the available meeting materials.

Public Comment - Issues Not on Agenda

2:38:49

During this portion of the meeting, one citizen provided public comment on a matter not listed on the agenda.

Mr. Corey Dunn spoke about the proposed inmate medical co-pay. He argued that the policy would unfairly burden families of incarcerated individuals.

This item was informational in nature, with no formal action taken.