Urban County Council Work Session August 28

Summary

Meeting Overview

The Urban County Council met on August 28, 2012, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. During the meeting, the Council addressed nine agenda items and took 11 votes on various matters. The Council heard five public comments from residents, both on issues listed on the agenda and on matters not included in the formal agenda.

The meeting covered a range of business including requested rezonings and docket approvals, budget amendments, and new and continuing business items. Several informational reports were also presented, including the Mayor's Report and Council Reports. All substantive agenda items that came to a vote—including the Requested Rezonings/Docket Approval, Approval of Summary, Budget Amendments, New Business, and Continuing Business/Presentations—were approved by the Council.

Attendance

Present: Jim Gray, Clay Mason, Diane Lawless, Bill Farmer, Kevin Henson, Rick Blues, Sally Hamilton, Jane Driskell, Richard Moloney, Patricia Dugger, David Barberie, David French, Dave Demers, Chris King, Jim Marks, Melissa, Benji, Briggs, Paul Schoeniger, Beth Mills, Sam Williams, Kevin Wente, Rick Curtis, Irene, Mary Lyle, Paul, David Jarvis, and David Barbary.

Absent: Crosbie

Late: None recorded.

Votes and Decisions

All motions were decided by voice vote and passed unanimously.

Ordinance 15 – Motion to place Ordinance 15 on the docket without a public hearing, moved by Kevin Henson and seconded by Rick Blues. 6:41

Ordinance 17 – Motion to place Ordinance 17 on the docket for a public hearing, moved by Diane Lawless and seconded by Vice Mayor Gordon. A public hearing was scheduled for October 9, 2012 at 6:00 PM. 14:55

Text Amendment 16 – Motion to refer Text Amendment 16 to the Planning Committee for further discussion, moved by Kevin Stinnett and seconded by Kevin Henson. 26:53

Special Meeting – Motion to set a special meeting for October 9, 2012 at 6:00 PM to address the Anderson Campus Rentals property, moved by Bill Farmer and seconded by Vice Mayor Gordon. 28:42

August 14, 2012 Work Session Summary – Motion to approve the summary, moved by Clay Mason and seconded by Bill Farmer. 29:13

Budget Amendments – Motion to approve budget amendments, moved by Bill Farmer and seconded by Clay Mason. 29:44

New Business Items – Motion to approve new business items, moved by Patricia Dugger and seconded by Clay Mason. 32:04

Neighborhood Development Funds List – Motion to approve the NDF list, moved by Vice Mayor Gordon and seconded by Patricia Dugger. 34:10

August 14, 2012 Social Services Committee Summary – Motion to move the summary to the docket, moved by Clay Mason and seconded by Bill Farmer. 34:41

Fireworks Ordinance – Motion to place the fireworks ordinance on the agenda for the Thursday council meeting, moved by Diane Lawless and seconded by Rick Blues. 41:21

CAFR Timeline – Motion to compel the Department of Finance to deliver the Comprehensive Annual Financial Report by November 27, 2012 to allow council to act before January 2013, moved by Bill Farmer and seconded by Clay Mason. 23:12

Budget and Financial Actions

The meeting included authorization for several financial actions and contractual agreements:

Radio System Maintenance Contract The body approved extension of the 800 MHz Radio System Maintenance Agreement with Lexington Call Mobile for $134,138.25 (L854-12).

Grant Contributions and Applications Authorization was granted to accept a $3,000 contribution from The Grainger Foundation designated for CERT supplies (L855-12). The body also authorized submission of an application for continuation of the Litter Abatement Grant Funding Program in Fayette County for fiscal year 2013, to be submitted to the Kentucky Energy and Environment Cabinet (L867-12).

General Obligation Notes Two related authorizations addressed Series 2012C General Obligation Notes totaling $3,600,000. The body authorized advertising for bids for the notes (L872-12) and authorized issuance of the Series 2012C General Obligation Notes for capital projects (L873-12).

Lease Agreement Authorization was granted to execute a lease agreement with Kentucky River Foothills Development Council, Inc. for space in the Central Kentucky Job Center at no cost (L869-12).

Public Comment

Several council members shared comments and inquiries during the meeting.

Samuel Brown Health Center Experience

Council Member Ellinger spoke at 1:03:26 about his positive personal experience using the Samuel Brown Health Center. He praised the center's professionalism and recommended it to employees. He also suggested that improved signage would help people locate the center more easily.

Health Center Utilization and Participation

Vice Mayor Gordon addressed the health center's utilization at 1:06:33, noting that current participation stands at 20%. He asked about the health center's utilization rate and the timeline for implementing an incentive program, expressing interest in accelerating employee engagement.

Council Member McCourt spoke at 1:16:22 about the wellness program and participation rates. He emphasized the need for aggressive communication and incentives to overcome employee distrust and improve participation in the wellness program, stressing the program's long-term benefits.

Sign Enforcement and Penalties

Council Member Myers commented at 1:49:21 on sign enforcement, praising the transfer of this responsibility to the Division of Planning. He asked about penalties for repeat violations and advocated for implementing escalating fines to improve compliance with signage regulations.

Council Member Lawless inquired at 1:55:30 about right-of-way signage enforcement. He asked whether penalties have ever been assessed for right-of-way sign violations and requested a review of enforcement actions. He noted that despite frequent violations, enforcement has not been effective.

Contested Items

The August 28, 2012 meeting included three significant areas of disagreement among council members.

Enforcement of Right-of-Way Signs

Council members expressed frustration over inconsistent enforcement of right-of-way signs. The dispute centered on a procedural challenge: while violations of right-of-way signs constitute criminal offenses under state law, they cannot be prosecuted through civil proceedings. This limitation has resulted in frequent violations going unaddressed despite the signs' legal status.

Health Center Participation and Incentives

A heated discussion emerged regarding the Samuel Brown Health Center's slow adoption rate among employees. Council members debated multiple contributing factors, including employee distrust of the program and the absence of meaningful incentives to encourage participation. The disagreement reflected broader concerns about how to effectively communicate the program's benefits and overcome resistance to boost enrollment numbers.

Zoning Text Amendment for Adult Daycare Centers

The council voted on a motion to advance a draft animal ordinance, which included provisions addressing adult daycare centers. The motion failed with a vote of 4-5. Council members raised concerns about how adult daycare centers were defined in the proposed text and expressed worry about the potential effects such facilities could have on residential neighborhoods. The split vote indicated significant division on whether the ordinance language adequately addressed these concerns before moving forward.

Public Comment - Issues on Agenda

4:00

No public comments were made on issues on the agenda during this portion of the meeting. Mr. Mundy was present but did not speak.

Requested Rezonings/Docket Approval

6:41

The council addressed three rezoning matters during this agenda item.

Actions Taken:

• Ordinance 15 was approved for placement on the docket without a public hearing
• Ordinance 17 was approved for placement on the docket with a public hearing scheduled for October 9, 2012
• Text Amendment 16 was referred to the Planning Committee by motion

Key Participants:

The discussion involved Kevin Henson, Diane Lawless, Kevin Stinnett, and Bill Farmer.

Outcome:

All three rezoning matters were approved as presented, moving forward in the approval process through their respective designated pathways.

Approval of Summary

The August 14, 2012 Work Session Summary was presented for approval 29:13. Clay Mason and Bill Farmer were the key speakers on this agenda item.

The summary was approved without dissent.

Budget Amendments

29:44

A series of budget amendments were presented and approved during this agenda item. Vice Mayor Gordon and Irene were the key speakers involved in this discussion.

The amendments addressed adjustments across multiple programs and initiatives:

• Kentucky Pride
• Motor Carrier Safety Assistance Program
• Personnel recovery for various programs

The specific details of each amendment, including dollar amounts and the rationale for the adjustments, were presented during the discussion. All proposed budget amendments were approved by the body.

New Business

32:04

The council approved several new business items during this portion of the meeting.

Items Approved:

• Waste Tire Amnesty Program agreements
• Extension of the 800 MHz Radio System
• Acceptance of a Grainger Foundation contribution
• Lease agreements

Key Speakers:

Patricia Dugger, Sally Hamilton, and Jane Driskell presented and discussed the new business items.

Outcome:

All new business items were approved by the council.

Continuing Business/Presentations

34:10

During this agenda item, the council received several presentations and took action on multiple matters.

Presentations Given:

The following presentations were delivered to the council:

• Neighborhood Development Funds
• Planning and Public Works Committee Summary
• Public Safety Committee Summary
• Samuel Brown Health Center six-month review
• Sign enforcement

Key Speakers:

The presentations were led by Bill Farmer, Diane Lawless, Dave Demers, David French, and Chris King.

Council Actions:

The council approved the Neighborhood Development Funds (NDF) list during this agenda item. Additionally, the council moved the Social Services summary to the docket for consideration.

Outcome:

This agenda item was approved.

Council Reports

Council members provided updates on several community initiatives during this agenda item.

Key Speakers and Topics

The following council members reported on their respective areas:

• Diane Lawless
• Vice Mayor Gordon
• Bill Farmer
• Kevin Ford

Initiatives Discussed

Council members reported on three main items:

• An upcoming bike lane meeting
• The dog paddle event
• The return of UK and public school students

Outcome

This agenda item was informational in nature, with council members sharing updates on ongoing community activities and initiatives.

23:44

Mayor's Report

No formal report was presented during this agenda item.

Public Comment - Issues Not on Agenda

1:03:26

During this agenda item, several council members provided public comments on matters not listed on the meeting agenda. The discussion covered three primary topics: the Samuel Brown Health Center, sign enforcement, and the CAFR timeline.

Council members who participated in this discussion included Council Member Ellinger, Vice Mayor Gordon, Council Member McCourt, Council Member Myers, and Council Member Lawless. Each offered feedback and suggestions related to the issues they raised.

The comments addressed concerns and observations regarding the Samuel Brown Health Center's operations and status. Council members also discussed sign enforcement matters, providing input on how signage regulations were being implemented. Additionally, the group reviewed the timeline for the Comprehensive Annual Financial Report (CAFR), with members offering perspectives on the schedule and process.

The outcome of this agenda item was informational in nature, with council members sharing their observations and recommendations without formal action being taken. The discussion allowed for public input on issues that fell outside the formal agenda items for the meeting.