Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council met on February 5, 2013, at 3:00 p.m. in the Council Chamber, 2nd Floor Government Center in Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed nine agenda items during the meeting, including public comment periods, zoning matters, budget amendments, and various reports. The body took 18 votes and heard 9 public comments from residents on issues both related and unrelated to the agenda. Key actions included approval of requested rezonings and docket items, approval of budget amendments, and approval of new and continuing business matters.

Attendance

The following individuals were present at the meeting on February 5, 2013:

• Mayor Jim Gray
• Council Member Farmer
• Council Member Gorton
• Council Member Ford
• Council Member Clarke
• Council Member Henson
• Council Member Lane
• Council Member Lawless
• Council Member Mossotti
• Council Member Scutchfield
• Council Member Myers
• Council Member Akers
• Council Member Stanton
• Council Member Massadi
• Council Member Clark

No council members were absent or late.

Votes and Decisions

Zone Change Public Hearing 3:41 A motion by Lawless, seconded by Ellinger, to schedule a public hearing for a zone change from Single Family Residential (R-1D) to High Density Apartment (R-4) for properties at 116 and 118 Simpson Avenue, 1100–1110 Prospect Ave., and a portion of 101 and 103 Burley Avenue, for February 26, 2013 at 6:00 PM passed by roll call vote with 10 ayes and 5 nays. Voting in favor were Farmer, Gorton, Ford, Clarke, Henson, Lane, Mossotti, Scutchfield, Myers, and Akers. Voting against were Gorton, Ford, Clarke, Henson, and Lane.

Donation Resolution 4:12 A motion by Farmer, seconded by Lane, to place on the docket a resolution authorizing the Mayor to accept a donation of two fans valued at $1,730 from Delta T. Corporation d/b/a Big Ass Fans passed unanimously.

Industrial Hemp Resolution 4:12 A motion by Gorton, seconded by Lane, to add to the docket a resolution endorsing the legalization of regulated industrial hemp and requesting the Kentucky General Assembly to adopt legislation allowing industrial hemp growth and production passed unanimously.

Docket and Summary Approvals 4:12 Motions to approve the docket (by Myers, seconded by Ellinger) and to approve the summary (by Ellinger, seconded by Mossotti) both passed unanimously.

Budget Amendments and New Business 4:12 A motion by Farmer, seconded by Ellinger, to approve budget amendments passed unanimously. A motion by Beard, seconded by Gorton, to approve new business passed unanimously.

Neighborhood Development Funds 26:35 A motion by Ellinger, seconded by Gorton, to approve neighborhood development funds passed unanimously. A motion by Scutchfield, seconded by Henson, to add an NDF for the Kentucky PTA (Athens-Chilesburg Elementary) to travel to Washington DC passed unanimously.

Committee Referrals 4:12 A motion by Farmer, seconded by Lane, to refer the social services aspects of the Newtown Pike Extension issue to the Social Services and Community Development Committee passed by roll call with 14 ayes and 1 nay (Lane voting against). A motion by Henson, seconded by Gorton, to refer the draft Public Nuisance Ordinance into the Public Safety Committee passed unanimously. A motion by Kay, seconded by Ford, to refer the budgetary implications of the Homelessness Commission report into the Budget and Finance Committee passed unanimously.

Amendment to Homelessness Commission Referral 4:12 A motion by Farmer, seconded by Lane, to amend Kay's motion regarding the Homelessness Commission report failed by roll call with 5 ayes and 9 nays. Voting in favor were Mossotti, Scutchfield, Myers, Lane, and Farmer. Voting against were Gorton, Ford, Clarke, Henson, Akers, Stanton, Massadi, Clark, and Lawless.

Mayor's Report and Closed Sessions 4:12 A motion by Farmer, seconded by Lane, to approve the Mayor's Report passed unanimously. Motions to enter closed sessions for personnel and homeland security discussions (by Gorton and Farmer respectively) and to return from closed session (by Farmer) all passed unanimously.

Adjournment 1:24:14 A motion by Akers, seconded by Stinnett, to adjourn passed unanimously.

Budget and Financial Actions

The meeting addressed five financial actions involving contracts, grants, and agreements:

Clays Mill Road Improvements Project Change Order No. 6 (Final) to the contract with Woodall Construction Company for the Clays Mill Road Improvements Project was approved for $183,901.23 (L0086-12).

Kenwick Playground Grant An application to the Kentucky Division of Waste Management for a Waste Tire Crumb Rubber Grant for Kenwick Playground in the amount of $15,000 was approved (L0088-13).

Fourth Street Sanitary Sewer Improvements An agreement with the Kentucky Transportation Cabinet (KTC) for reimbursement of sanitary sewer improvements on Fourth Street was approved for $793,064 (L0094-12).

Public Safety Radio Project Change Order No. 1 to the agreement with RCC Consultants for professional services related to the Public Safety Radio Project was approved for $19,406.97 (L0108-13).

Police Training Facility A Memorandum of Agreement (MOA) with the Kentucky Community and Technical College System (KCTCS) on behalf of Bluegrass Community and Technical College (BCTC) for lease of the Megowan Building to serve as the Division of Police Training Facility was approved for $89,239 (L0118-13).

Public Comment

Council members raised several concerns during the meeting regarding ongoing and proposed projects.

Public Safety Radio Project

Council Member Stanton [00:06:15] questioned the necessity of the change order for the Public Safety Radio Project, emphasizing the need for transparency and accountability in spending given the project's scale and the significant change order amount.

Council Member Lawless [00:21:04] raised concerns about the lack of a local representative from the consultant firm, questioning whether the contract should have included provisions for local support and whether the company's history of change orders should be tracked.

Council Member Scutchfield [00:25:30] requested a clearer breakdown of the budget for the change order, suggesting that seeing individual line items would improve transparency and understanding of cost increases.

Budget Oversight

Council Member Farmer [00:23:10] emphasized the need for consistent fiscal responsibility, referencing past budget crises and the importance of using taxpayer resources wisely, especially when projects are mandated by federal agencies.

Megowan Building Project

Council Member Beard [00:11:29] inquired about parking availability at the Megowan Building site, noting the lack of visible parking in the plans and seeking clarification on how parking would be managed for students and police officers.

Council Member Clark [01:13:04] raised concerns about the discovery of buried remains on the site, asking whether such findings would cause delays or additional costs, and whether the project would respect state protocols.

Council Procedures

Council Member Farmer [01:19:48] requested a mock-up of the new docket format to be included in future packets, suggesting that visual examples would help members understand proposed changes to council procedures.

Community Announcements

Council Member Ford [01:22:01] announced the opening of applications for the 2013 Summer Youth Employment Program, noting an increase in projected hires and encouraging business partners to sponsor site locations.

Council Member Lawless [01:23:07] reminded attendees of an upcoming meeting of the Ellsford Neighborhood Association to discuss the proposed Kroger building plans and zoning changes.

Appointments

The following appointments were made:

• Sally Hamilton was appointed Chief Administrative Officer
• Geoff Reed was appointed Commissioner of General Services

Contested Items

The February 5, 2013 meeting included three items that generated significant debate and disagreement among council members and stakeholders.

Public Safety Radio Project Change Order

A change order for the Public Safety Radio Project resulted in a split vote. The proposal involved a $19,406.97 increase that prompted council members to raise concerns about multiple aspects of the project. Debate centered on the necessity of the cost increase, the adequacy of consultant oversight, the lack of local representation in decision-making, and the need for greater fiscal transparency in the project's management and expenditures.

Memorandum of Agreement for Police Training Facility

The proposed Memorandum of Agreement for a Police Training Facility sparked heated discussion among council members. The primary point of contention involved a mismatch between the agreement's terms: the memorandum proposed a 10-year amortization period while the actual lease term was only 1 year. Council members questioned the implications of this discrepancy, expressing concerns about the long-term financial commitment the agreement would create and whether the agreement could be extended beyond the state's 8-year limit. The discussion reflected uncertainty about the facility's long-term viability and the council's obligations under the proposed terms.

Historical Burial Grounds at BCTC Campus

The potential presence of historical burial grounds at the BCTC (Bluegrass Community and Technical College) campus generated community opposition and council concerns. Questions arose regarding the possibility of discovering human remains during construction activities on the campus. Stakeholders and council members raised issues about potential project delays, associated costs, and whether the project would comply with state protocols for handling such discoveries. This item reflected broader concerns about balancing development needs with cultural and historical preservation obligations.

Public Comment – Issues on Agenda

3:41

No public comments were submitted for issues on the agenda. The meeting proceeded without public discussion on this item.

Requested Rezonings/Docket Approval

3:41

A motion was made to schedule a public hearing for a zone change affecting several properties. The proposed rezoning would change the classification from Single Family Residential (R-1D) to High Density Apartment (R-4).

Key speakers on this item included Lawless and Ellinger.

The motion to schedule the public hearing passed by roll call vote with a result of 10-5.

The rezoning was approved.

Approval of Summary

The Council considered the summary of the previous work session. 4:12

Key speakers on this item included Ellinger and Mossotti.

The summary was approved unanimously by the Council.

Budget Amendments

No budget amendments were presented during this agenda item. Despite the absence of proposed amendments, a motion to approve the budget amendments was brought forward by the speakers identified as Farmer and Ellinger. The motion passed unanimously 4:12.

New Business

4:12

The Council addressed new business items during this portion of the meeting. Key speakers on this agenda item included Beard and Gorton.

The new business discussion encompassed several categories of items requiring Council approval:

• Change orders
• Grant applications
• Agreements related to infrastructure and public safety projects

A motion was made to approve the new business items presented. The Council voted on this motion, which passed unanimously.

The outcome of this agenda item was approval of all new business items brought before the Council.

Continuing Business / Presentations

26:35

During this agenda item, the Council addressed multiple matters including neighborhood development funding and a presentation on a police training facility partnership.

Neighborhood Development Funds and Committee Summary

The Council approved neighborhood development funds and reviewed a summary from the Social Services & Community Development Committee. Key speakers on this matter included Bastin, Barnard, Harris, Paulsen, and Julian.

Police Training Facility Presentation

A presentation was delivered regarding the Police Training Facility at BCTC (Bluegrass Community and Technical College). The presentation covered a proposed Memorandum of Agreement between the parties and detailed cost-sharing arrangements for the facility's operation and development.

Outcome

The Council approved the matters discussed during this agenda item.

Council Reports

Council Members Ford and Farmer provided updates during this informational agenda item 1:19:48.

Ford and Farmer reported on committee activities and provided an update on the Summer Youth Employment Program. No formal actions were taken during this segment.

Mayor's Report

No mayor's report was presented during this meeting. The Council proceeded directly to the public comment portion of the agenda at approximately 1:24:14.

Public Comment – Issues Not on Agenda

1:24:14

No public comments were submitted during this portion of the meeting. The Council proceeded directly to adjournment.