Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on August 21, 2012, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center in Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed ten agenda items during the session, including public comments, rezoning requests, budget amendments, and various business matters. The body took 21 votes and heard 14 public comments from citizens regarding both agenda and non-agenda items. The council approved several items including the summary of the previous meeting, new business, continuing business and presentations, and the adjournment motion.

Attendance

The following individuals were present at the meeting on August 21, 2012:

• Jim Gray
• Sally Hamilton
• Richard Moloney
• Janet Graham
• John Maxwell
• Charlie Martin
• Julie Mantram
• Virginia Carter
• Mari Bacon
• Regina Berry
• Daniel H. Fischer
• Alvin
• Sharon Reed
• Mr. Seals
• Billy Mallory
• Angie Green

No absences or late arrivals were recorded.

Votes and Decisions

August 14, 2012 Work Session Summary [00:04:33] Motion by Beard, seconded by Myers, to approve the summary of the August 14, 2012 Work Session passed by voice vote.

Budget Amendments [00:05:25] Motion by Myers, seconded by McChord, to approve the budget amendments passed by voice vote.

Valley Park Neighborhood Building Renaming [00:05:25] Motion by Henson, seconded by Gorton, to authorize renaming the Valley Park Neighborhood Building as the Jesse Higginbotham Neighborhood Center passed by voice vote.

Referral to General Government Committee [00:05:25] Motion by Farmer, seconded by McChord, to refer items cc and ee to the General Government Committee passed by roll call vote 14-1. Voting in favor: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, Daniel H. Fischer, Alvin, Sharon Reed, and Mr. Seals. Voting against: Billy Mallory.

New Business [00:05:25] Motion by Gorton, seconded by Ellinger, to approve the New Business passed by voice vote.

Agenda Adjustment [00:05:25] Motion by Blues, seconded by Gorton, to adjust the agenda to discuss FY2013 Ad Valorem Tax Rates Presentation first passed by voice vote.

Street Lights Ad Valorem Tax [00:05:25] Motion by Lane, seconded by Myers, to place on the docket a separate ordinance levying ad valorem tax for Street Lights in Full or Partial Urban Services Districts at $0.034 per $100 assessed value failed by roll call vote 3-11. Voting in favor: Lane, Myers, and Martin. Voting against: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, and Daniel H. Fischer. A portion of this tax would be subject to recall petition and vote or reconsideration pursuant to KRS 132.017.

Call the Question [00:05:25] Motion by Farmer, seconded by Martin, to call the question passed by voice vote.

General Services and Urban Services Funds [00:05:25] Motion by Farmer, seconded by Gorton, to approve option 1 for the General Services Fund 1101 and Urban Services Fund 1105, keeping all rates the same as last year, passed by roll call vote 12-1. Voting in favor: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, Daniel H. Fischer, and Alvin. Voting against: Billy Mallory.

Health Department Rate [00:05:25] Motion by Farmer, seconded by Gorton, to approve the Health Department rate at the level recommended by the Administration passed by voice vote.

Soil and Water Conservation Rate [00:05:25] Motion by Farmer, seconded by Ford, to approve the Soil and Water Conservation rate at .000433 passed by roll call vote 12-1. Voting in favor: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, Daniel H. Fischer, and Alvin. Voting against: Billy Mallory.

Extension Rate [00:05:25] Motion by Stinnett, seconded by Beard, to change the Extension rate to .0033 passed by roll call vote 11-1. Voting in favor: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, and Daniel H. Fischer. Voting against: Billy Mallory.

Extension Rate Amendment [00:05:25] Motion by Stinnett, seconded by Lane, to amend the motion to a ratio of 4% passed by roll call vote 11-1. Voting in favor: Jim Gray, Sally Hamilton, Richard Moloney, Janet Graham, John Maxwell, Charlie Martin, Julie Mantram, Virginia Carter, Mari Bacon, Regina Berry, and Daniel H. Fischer. Voting against: Billy Mallory.

NDF List [00:05:25] Motion by Gorton, seconded by Kay, to approve the NDF list passed by voice vote.

NDF List Amendment [00:05:25] Motion by Ford, seconded by Kay, to amend Gorton's motion adding the East End Reunion Committee to the NDF list passed by voice vote.

Itinerant Merchant Ordinance [00:05:25] Motion by Henson, seconded by Kay, to place the Itinerant Merchant Ordinance into the Planning and Public Works Committee passed by voice vote.

Itinerant Merchant Program Pilot Program [00:05:25] Motion by Henson, seconded by Gorton, to place the Itinerant Merchant Program Pilot Program into the Economic Development Committee passed by voice vote.

Itinerant Merchant Items Consolidation [00:05:25] Motion by Gorton, seconded by Kay, to place both items into the Economic Development Committee passed by voice vote.

Mayor's Report [00:05:25] Motion by Gorton, seconded by Beard, to approve the Mayor's Report passed by voice vote.

Adjournment [00:26:46] Motion by Stinnett, seconded by Ellinger, to adjourn passed by voice vote.

Budget and Financial Actions

The meeting authorized the following financial actions and agreements:

Grants and Federal Funding

• L801-12: Authorization to submit an application and accept a $75,000 federal grant award from the Kentucky State Police-Commercial Vehicle Enforcement Division for operation of a Motor Carrier Safety Assistance Program for FY 2013.

Service Contracts

• L829-12: Authorization to execute a Purchase of Service Agreement and related Lease Agreement with Lexington-Fayette Animal Care and Control, LLC for animal control services totaling $1,095,980.

• L831-12: Authorization to execute a Commercial Services Agreement with Insight Business for broadband cable Internet service at 2269 Frankfort Court for $3,540.

• L845-12: Authorization to renew an agreement with Hazen and Sawyer for annual Sanitary Sewer Capacity, Management, Operations and Maintenance (CMOM) Implementation Services for $500,000.

Community Center Agreements

Four no-cost Memoranda of Agreement were authorized for programs and services at the Charles Young Community Center:

• L840-12: Center for Family and Community Services for facility management and programs
• L841-12: Community Action Council for programs and services
• L842-12: Department for Social Services for programs and services
• L843-12: Professional Life Coach, LLC for programs and services

Equipment and Infrastructure

• L844-12: Authorization to purchase two 12" Full Flare - Weir End - WEMCO Hydrogritters for Headworks at the Town Branch WWTP from Weir Specialty Pumps c/o Sullivan Environmental Technologies for $81,000.

Personnel and Administrative Actions

• L847-12: Authorization to amend Section 22-5 of the Code of Ordinances to create one Administrative Specialist Principal position (Grade 114E) and three Administrative Specialist positions (Grade 110N) in the Division of Water Quality, designated as budget neutral.

• L849-12: Authorization to accept a payment adjustment of $5,419.70 owed to Tobacco Rose Farm employees due to prevailing wage requirements.

Public Comment

Council members and members of the public addressed various topics during the meeting.

Council Member Announcements and Concerns:

Council Member McCord announced the fourth iteration of the Bourbon Chase Relay scheduled for September 28–29 and the fifth iteration of Second Sunday on October 14, encouraging volunteers and community participation 7:02.

Council Member Stanton raised concerns about a retroactive pay increase for part-time employees and requested clarification on whether funds would be reclaimed, with the council agreeing to review the impact before second reading 9:14.

Council Member Henson moved to place a new ordinance allowing littering to be treated as a civil offense into the Environmental Quality Committee, citing improved enforcement outcomes 10:51.

Council Member Blues urged council members to attend a workshop on the Capacity Assurance Program, emphasizing its importance and the need for informed decision-making 12:27.

Council Member Ellinger supported a motion to place the airport stormwater fee evaluation into the Environmental Quality Committee, citing the complexity and scale of the airport's drainage system 14:48.

Council Member Lane requested a presentation from Hazen and Sawyer before final approval of the renewal contract, citing the $500,000 value and need for transparency 17:04.

Council Member Farmer invited council members and the public to attend the Chevy Chase Street Fair on Saturday, highlighting food, music, and community engagement 19:44.

Council Member Myers invited council members to attend the Governor's Tax Reform Commission meeting to discuss how Kentucky cities can compete under constitutional constraints 22:28.

Council Member Markton warned of a potential tripling of the city's pension fund shortfall due to new Moody's reporting rules, projecting a $774 million gap 22:58.

Council Member Lawless highlighted successful weekend events including the Woodland Arts Fair, downtown Farmer's Market, and the Aurora neighborhood street party 24:35.

Public Comment Period:

Sharon Reed, Mr. Seals, Billy Mallory, and Angie Green spoke during the public comment period 26:14.

Appointments

Dr. Regina Berry was appointed to the Center for Family and Community Services.

Contested Items

Ad Valorem Tax for Street Lights

A motion to place a separate ordinance for a street light ad valorem tax was brought before the council and resulted in a split vote. The motion failed 3-11, indicating significant opposition from council members. The substantial margin of defeat reflected considerable disagreement over this taxation measure for street lighting infrastructure.

Hazen and Sawyer Contract Renewal

Council Member Lane raised concerns regarding a $500,000 contract renewal with Hazen and Sawyer, citing a lack of transparency in the approval process. Lane requested that the firm provide a presentation to the council before the contract received final approval. This dispute highlighted questions about the adequacy of information provided to council members for major financial commitments and the need for direct communication from contractors before authorization of substantial expenditures.

Public Comment - Issues on Agenda

4:02

No members of the public signed up to provide comment on issues on the agenda. The meeting proceeded directly to the next agenda item.

Requested Rezonings/Docket Approval

4:02

No docket was required for this week, so this agenda item was skipped.

Approval of Summary

The summary of the August 14, 2012 Work Session was presented for approval. 4:33

Key speakers on this item included Beard and Myers.

The summary was approved by voice vote without dissent.

Budget Amendments

No budget amendments were presented for this week's meeting. 4:33

New Business

5:25

Multiple new business items were presented and discussed during this portion of the meeting. Key speakers included Farmer, Gorton, Henson, Stinnett, Ford, and Lane.

The agenda covered several substantive matters requiring board action:

• Authorization to accept federal funds
• Execution of service agreements
• Approval of staff positions

The items were addressed through formal motions, with decisions made by roll call vote and voice vote procedures. All new business items presented were approved.

Continuing Business/Presentations

During this agenda item, the meeting addressed two main topics: the FY2013 Ad Valorem Tax Rates and the Capacity Assurance Program (CAP) 5:25.

A motion was passed to adjust the meeting agenda in order to prioritize the tax presentation. Key speakers on these matters included Blues, Gorton, and Lane.

The FY2013 Ad Valorem Tax Rates presentation was presented and discussed by the attendees. The Capacity Assurance Program was also reviewed as part of the continuing business.

The outcome of this agenda item was approved.

Council Reports

During this agenda item, council members provided updates on various community matters and city initiatives. 7:02

The following council members contributed to the discussion: McCord, Stanton, Henson, Blues, Ellinger, Lane, Farmer, Myers, Markton, and Lawless.

Topics addressed included:

• Community events
• Tax reform
• Pension funding
• Upcoming city initiatives

This was an informational session in which council members shared reports and updates with their colleagues and the public. The outcome was informational in nature, with no formal votes or binding decisions made during this portion of the meeting.

Mayor's Report

No mayor's report was presented during this meeting. 22:28

Public Comment - Issues Not on Agenda

26:14

Several individuals registered to speak during the public comment period for issues not on the agenda. The speakers who signed up included Sharon Reed, Mr. Seals, Billy Mallory, and Angie Green.

However, no speakers addressed the body during this session. Despite the registrations, the public comment period proceeded without any remarks being delivered.

Adjournment

Council Member McCord made a motion to adjourn the meeting, which was seconded by Ellinger. The motion passed without objection. 26:46