Council Work Session

Summary

Meeting Overview

The Urban County Council met on June 12, 2012, at 3:03 p.m. in the Council Chambers on the 2nd Floor of the Government Center. Mayor Jim Gray presided over the meeting, which included five agenda items and resulted in 11 motions and votes. The council approved the meeting summary and addressed new business, while also hearing presentations during the continuing business segment. Fourteen members of the public provided comments on issues both related to and outside the formal agenda. The meeting covered routine council operations including council reports and concluded with a public comment period for items not on the agenda.

Attendance

Present: VM Gorton, CM Ellinger, CM Kay, CM Ford, CM Blues, CM Lawless, CM Beard, CM Farmer, CM Stinnett, CM Crosbie, CM Myers, CM McChord, CM Martin, CM Henson, CM Lane

Absent: CM Martin

Late: None

Votes and Decisions

Fiscal Year 2013 Budget - First Reading 1:34 Motion by VM Gorton, seconded by CM Farmer. The council voted to place the fiscal year 2013 budget on the docket for first reading at the June 21, 2012 council meeting. Passed by voice vote.

Neighborhood Development Funds Transfer 2:07 Motion by CM Ellinger, seconded by CM Myers. The council voted to transfer $2,000 from Council Member Ellinger's Neighborhood Development Funds to the Salvation Army for the Women and Family Shelter. Passed by voice vote.

May 29th Work Session Summary 2:39 Motion by VM Gorton, seconded by CM Myers. The council voted to approve the summary from the May 29th, 2012 Work Session. Passed by voice vote.

New Business Items 3:11 Motion by CM Ellinger, seconded by VM Gorton. The council voted to approve new business items. Passed by voice vote.

Separation of Street Name Authorization Item 29:28 Motion by CM Lawless, seconded by CM Farmer. The council voted on separating item W (authorization to change street names and/or individual property address numbers) from new business items. The motion failed 7-8 by roll call vote.

Voting in favor (7): CM Ellinger, CM Kay, CM Ford, CM Blues, CM Lawless, CM Beard, CM Stinnett

Voting against (8): CM Farmer, CM Crosbie, CM Myers, CM McChord, CM Martin, CM Henson, CM Lane

Neighborhood Development Fund List 33:46 Motion by CM Lane, seconded by CM Ellinger. The council voted to approve the Neighborhood Development Fund list. Passed by voice vote.

Council Member Pay Ordinance Revision 1:05:55 Motion by CM Kay, seconded by CM Farmer. The council voted to refer revision of the ordinance governing Council Member pay to General Government. Passed by voice vote.

Sign Ordinance Revision 1:07:00 Motion by CM Farmer, seconded by VM Gorton. The council voted to refer possible revision of the Sign Ordinance to Planning and Public Works Committee. Passed by voice vote.

Closed Session 1:08:05 Motion by VM Gorton, seconded by CM Kay. The council voted to enter closed session pursuant to KRS 61.810(1)(f) for discussion that may lead to discipline or dismissal of an employee. Passed by voice vote.

Return from Closed Session 1:08:44 Motion by CM Blues, seconded by CM Beard. The council voted to return from closed session. Passed by voice vote.

Adjournment 1:09:14 Motion by VM Gorton, seconded by CM Crosbie. The council voted to adjourn. Passed by voice vote.

Budget and Financial Actions

The meeting authorized 26 financial actions totaling approximately $2.2 million in expenditures and commitments.

Technology and Communications Contracts

• Vision Solutions, Inc. received authorization for $21,841 (L571-12) to provide software maintenance for redundant hardware and software applications between Fire and Police Headquarters communication centers.
• Directapps, Inc. was authorized $36,800 (L572-12) to implement and support a network-based Emergency Call Tracking System (ECaTS) for the Central Kentucky 911 Network.
• Central Business Systems received authorization for a 5-year mail equipment lease and maintenance agreement with an annual cost of $3,107.28 (L583-12) for the False Alarm Reduction Unit.

Community Development and Housing

• The Fayette County Local Development Corporation (Urban League) received a $87,187 amendment (L573-12) increasing HOME Investment Partnerships Funding.
• REACH, Inc. was authorized an additional $166,000 (L578-12) for the First-Time Homebuyers Program Agreement.

Public Safety and Corrections

• Bluegrass Regional Mental Health/Mental Retardation Board, Inc. was authorized $881,265 (L581-12) for a 3-year offender mental health care services agreement at the Division of Community Corrections.
• The Institute of Police Technology and Management received $12,500 (L586-12) for a Crisis Hostage Negotiations Level 1 course for 30 persons.
• Agreements with the Board of Education of Fayette County and Kentucky State Police were authorized for $33,027 (L607-12) under the 2010 Project Safe Neighborhood Grant.

Municipal Services and Facilities

• Group CJ received authorization to amend its contract up to $225,000 (L576-12) for an education and outreach campaign for new municipal services billing from June 22, 2012 through June 30, 2013, with possible extension up to $150,000.
• Dean Dorton Allen Ford, PLLC was authorized $124,000 (L619-12) to conduct the financial audit of all LFUCG funds for fiscal year 2012, and up to $15,000 (L600-12) for the Sheriff's Settlement 2011 Property Tax Audit.
• Explorium of Lexington received authorization for $169,000 (L620-12) as approved in the FY2013 budget.
• The Lexington-Fayette Urban County Human Rights Commission was authorized $150,260 (L593-12) for FY2013 services.

Leases and Property

• Urban League of Lexington-Fayette County was authorized a 1-year lease for 955 square feet at Black & Williams Neighborhood Center at $4,612.65 annually (L590-12), with options for two 1-year renewals.
• Lexington-Fayette County NAACP Branch was authorized a 1-year lease for 824 square feet at Black & Williams Neighborhood Center with no rental rate in FY13 (L589-12).

Other Authorizations

• Kentucky Department of Education received authorization to submit an application for the Child Care Food Program requesting $21,000 in General Fund dollars (L594-12).
• Pedal the Planet, Inc.'s donation of three Fix-it Stations on the Legacy Trail, valued at $2,862, was accepted (L605-12).

Public Comment

Council members raised questions and concerns across multiple agenda items during this meeting.

Billing System and Outreach

CM Farmer requested clarification on funding for a public outreach campaign regarding a new billing system, specifically addressing the $225,000 initial funding and $150,000 potential follow-up allocation. He emphasized the importance of public education to ensure high compliance with the new system. 3:11

Lease and Space Agreements

CM Farmer asked about differences in formatting and financial treatment between lease agreements for the NAACP and Urban League at the Black & Williams Neighborhood Center, noting confusion over why one was presented at no cost while others were not. 7:09 He also requested discussion on supporting the Actors Guild of Lexington and their space agreement with LexArts, suggesting potential for growth and improved operations. 11:03

Billing System Ordinance

CM Farmer sought rationale behind proposed penalties, interest rates, and refund limits in ordinance amendments for the billing system, asking for confirmation these were based on standard practices from other utilities. 9:47

Budget and Human Rights Commission

CM Stinnett questioned whether the $150,260 amount for the Human Rights Commission agreement reflected the council-approved budget, noting a discrepancy and suggesting the item be tabled until the budget passed. 11:37

Mental Health Services Contract

CM Crosby expressed concern about the lack of formal bidding process for a three-year contract renewal with Bluegrass Regional Mental Health, particularly given an upcoming state audit of the agency. 15:56 CM Lawless and CM Henson asked follow-up questions about mental health services for inmates, including whether unconvicted inmates receive services and whether quality is monitored. [timestamp: 0:21:19, 0:23:01] CM Lawless also clarified that Bluegrass Mental Health handles only emotional or mental illness, not drug and alcohol treatment. 25:56

Address Change Request

CM Lawless moved to separate the address change for 454 East Maxwell Street to Transylvania Park from new business items, citing concerns about 911 call data and community use. 26:31 CM Crosby requested that 911 call data for the past two years be provided to support the argument. 32:41

Water Quality

CM Beard asked about water testing types and whether Kentucky American Water has won recent awards for water quality. 53:46 He also inquired whether infrastructure replacement costs are fully accounted for through depreciation and whether rate increases are inevitable due to declining water usage. 1:03:44

Community Meeting Announcement

CM Kay announced a public meeting on June 28th at the Tate's Creek branch library to gather community input on government operations. 1:06:27

Contested Items

Street Address Change for 454 East Maxwell Street

The council debated a motion to separate the address change item from new business. The motion failed 7-8, with the Mayor casting a tie-breaking nay vote. Council members disagreed about the legitimacy of the proposed address change, with discussion centered on 911 call data and community use of the property. The failed motion meant the address change item remained part of the new business agenda rather than being handled separately.

Contract Renewal with Bluegrass Regional Mental Health

Council member Crosby raised significant concerns about the renewal of a three-year contract with Bluegrass Regional Mental Health. Crosby questioned why the contract was being renewed without formal bidding procedures. The timing of the renewal was particularly contentious given that the agency faced an upcoming state audit. In response to these concerns, the council requested documentation of the procurement history and a formal justification for renewing the contract with the incumbent provider rather than opening the process to competitive bidding.

Approval of Summary

The Council considered approval of the summary from the May 29th, 2012 Work Session. 2:39

VM Gorton and CM Myers were the key speakers on this agenda item.

The Council approved the summary without dissent.

New Business

3:11

The Council addressed new business items during this portion of the meeting. Key speakers included CM Ellinger, VM Gorton, CM Lawless, and CM Farmer.

The Council approved new business items encompassing contracts, leases, and amendments. However, the meeting included a procedural matter regarding the handling of agenda items. A motion was made to separate a street address change item from the main new business discussion. This motion resulted in a tie vote, which was resolved by the Mayor casting the deciding vote against separation.

The overall outcome of the new business section was approval of the presented items.

Continuing Business/Presentations

Cheryl Norton, President of Kentucky American Water, presented a comprehensive overview of the city's drinking water system to the council 34:17. The presentation covered multiple aspects of water service operations, including infrastructure, water quality, customer service, and future challenges facing the system.

Council members CM Beard, CM Lane, and CM Crosby engaged with Norton during the presentation, raising questions about several operational areas. Specific inquiries focused on water quality testing procedures and protocols, rate structures and pricing mechanisms, and the capacity of the system to meet current and future demand.

The presentation was informational in nature, providing the council with detailed information about Kentucky American Water's operations and service delivery to the community. The discussion allowed council members to understand the technical and operational aspects of the municipal water system while addressing their concerns about quality assurance, customer costs, and system reliability.

No formal action or decision was required as a result of this agenda item.

Council Reports

During the Council Reports section, the Council considered two referrals for further review and revision.

Actions Taken

The Council approved two motions:

• A motion to refer the revision of the Council Member pay ordinance to General Government for further consideration
• A motion to refer the possible revision of the Sign Ordinance to Planning and Public Works for further consideration

Key Participants

Council Members Kay and Farmer, along with Village Manager Gorton, were the primary speakers during this discussion.

Outcome

Both motions were approved, moving these items forward to their respective committees for detailed review and potential revision.

1:05:55

Public Comment/Issues not on the Agenda

1:07:33

No public comments were submitted for this agenda item. Mr. Mundy noted the absence of public comments, and the council proceeded to move forward with the meeting agenda.

Following this brief informational update, the council entered closed session to address personnel matters.