Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on February 12, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Mayor Jim Gray presiding. The council conducted business across 11 agenda items, including roll call, invocation, ordinances and resolutions at both first and second reading stages, communications from the mayor, reports, announcements, and public comments. The council took 33 motions and votes during the meeting and heard 5 public comments from citizens. Ordinances and resolutions at second reading were approved, while first reading items were advanced for future consideration. Communications from the mayor received approval, while other mayoral communications were received for information only.

Attendance

The following individuals were present at the meeting on February 12, 2013:

• Mr. Farmer
• Mr. Ford
• Ms. Gorton
• Ms. Henson
• Mr. Kay
• Mr. Lane
• Ms. Lawless
• Ms. Mossotti
• Mr. Myers
• Ms. Scutchfield
• Mr. Stinnett
• Ms. Akers
• Mr. Beard
• Mr. Clarke
• Mr. Ellinger

No members were recorded as absent or late.

Votes and Decisions

Ordinance 0062-13 — Amending Section 21-5(2) of the Code of Ordinances to create one Skilled Trades Worker Sr., Grade 112N and abolish one Skilled Trades Worker, Grade 111N in the Division of Community Corrections, appropriating funds via Schedule No. 35. Motion by Ms. Gorton, seconded by Mr. Beard. Passed 15-0 5:16

Ordinance 0113-13 — Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements, and appropriating and re-appropriating funds via Schedule No. 34. Motion by Ms. Gorton, seconded by Mr. Beard. Passed 15-0 5:16

Resolution 0071-13 — Accepting bid of Pace Contracting, LLC for Final Clarifier Equipment Replacement for Division of Water Quality. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted for: Mr. Farmer, Ms. Gorton, Ms. Henson, Mr. Kay, Mr. Lane, Ms. Lawless, Ms. Mossotti, Mr. Myers, Ms. Scutchfield, Mr. Stinnett, Ms. Akers, Mr. Beard, Mr. Clarke, Mr. Ellinger. Voted against: Mr. Ford. 7:25

Resolution 0073-13 — Accepting bid of Intec Property Services for Custodial Services at Dr. Samuel Brown Health Center for Division of Facilities and Fleet Management. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted against: Mr. Ford. 7:25

Resolution 0074-13 — Accepting bid of Langley & Taylor Pool Corp. for ADA Swimming Pool Lifts and Installation for Division of Parks and Recreation. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted against: Mr. Ford. 7:25

Resolution 0085-13 — Accepting bid of Miller Transportation, Inc. for Charter Bus Service for Division of Parks and Recreation. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted against: Mr. Ford. 7:25

Resolution 0095-13 — Accepting bid of GRW for photogrammetric services for Division of Water Quality. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted against: Mr. Ford. 7:25

Resolution 0105-13 — Ratifying probationary civil service appointments of Cristie Taylor, Jennifer Hollon, Denise Washington, and multiple sworn appointments in Fire and Police, plus Council leave and unclassified appointment of Thomas Blues. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-1. Voted against: Mr. Ford. 51:05

Resolution 0090-13 — Ratifying unclassified civil service appointment of Richard Moloney, Commissioner of Environmental Quality and Public Works. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 13-2. Voted against: Mr. Ford, Ms. Mossotti. 56:36

Resolution 0081-13 — Changing street names and property address numbers for multiple properties in Lexington. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 13-1. Voted against: Mr. Ford. 56:36

Resolution 0116-13 — Approving unclassified civil service appointment of Sally Hamilton, Chief Administrative Officer. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 13-1. Voted against: Ms. Mossotti. 56:36

Resolution 0117-13 — Ratifying unclassified civil service appointment of Geoffrey Reed, Commissioner of General Services. Motion by Mr. Stinnett, seconded by Mr. Myers. Passed 14-0 56:36

Resolution 0145-13 — Authorizing conditional offers for probationary and unclassified civil service appointments across multiple departments. Motion by Ms. Mossotti, seconded by Mr. Farmer. Passed 14-0 51:05

Resolution 0146-13 — Ratifying probationary and unclassified civil service appointments and salary adjustments for multiple employees. Motion by Mr. Stinnett, seconded by Mr. Kay. Passed 14-0 51:05

Resolution 0088-13 — Authorizing grant application for $15,000 under the Kentucky Waste Tire Crumb Rubber Grant Program for Kenwick Playground. Motion by Mr. Farmer, seconded by Ms. Lawless. Passed 14-0 51:05

Resolution 0118-13 — Authorizing Memorandum of Agreement with Kentucky Community and Technical College System for lease of Megowan Building. Motion by Mr. Stinnett, seconded by Ms. Henson. Passed 14-0 51:05

Resolution 0159-13 — Requesting the Kentucky General Assembly to grant Ethics Commission authority to issue administrative subpoenas. Motion by Ms. Scutchfield, seconded by Ms. Lawless. Passed 14-0 51:05

Budget and Financial Actions

The meeting approved the following financial actions and contracts:

Water Quality Division - Final Clarifier Equipment Replacement from Langley & Taylor Pool Corp. for $28,051.05 (Resolution 0074-13) - Photogrammetric services from GRW for $55,854.05 (Resolution 0095-13)

Parks and Recreation Division - Charter Bus Service amendment with Miller Transportation, Inc. for $26,439.86 (Resolution 0085-13) - Installation of bonded rubber surface at Kenwick Playground, funded through a grant from the Kentucky Division of Waste Management for $15,000 (Resolution 0088-13)

Materials Recovery Facility - Purchase of six custom Sorting Fingers Discs (STARS) from Machinex Technologies, Inc. for $31,188 (Resolution 0074-13)

Infrastructure and Engineering - Engineering services for Dig and Replace Pipeline Projects (Category #2 of RFP #33-2012) for $110,000, with funds from J.P. Morgan Chase Bank, N.A., U.S. Bank National Association, and Elavon, Inc. (Resolution 0131-13) - Reimbursement to Kentucky Transportation Cabinet for sanitary sewer improvements on Fourth Street for $793,064 (Resolution 0094-13)

Education and Community Services - Lease of Megowan Building for Bluegrass Community and Technical College from the Kentucky Community and Technical College System for $89,239 (Resolution 0118-13)

Emergency Preparedness and Administrative Services - WebEOC Coordinator Services from Omnisource Integrated Supply, LLC for $53,000, using funds from the Chemical Stockpile Emergency Preparedness Program (Resolution 0133-13) - Review of voluntary insurance for one year beginning February 1, 2013 from Benefits Insurance Marketing for $12,500 (Resolution 0134-13)

Public Comment

Appointment of Jennifer Holland

Therese Warwick raised concerns about the appointment of Jennifer Holland, expressing grievances over noncompliance with civil service hiring processes, pay equity issues, and what she characterized as erroneous evaluation of Holland's application. Warwick requested that the resolution be deferred until the grievance is resolved. 8:03

Jennifer Holland responded in defense of her appointment, stating that nothing on her application was erroneous and emphasizing that she had worked hard to earn the promotion, despite not initially having all required qualifications. 14:55

Janet Graham addressed the grievance process, explaining that the appointment process was competitive and acknowledging Holland's hard work and qualifications. Graham emphasized the need to resolve the matter through the grievance process and a pay equity study. 15:57

Address Change

Council Member Mossotti raised concerns about an address change from Desha Road to Ghent Road, noting that the change affects delivery routes and navigation. 59:50

Council Member Farmer provided clarification, explaining that the address change resulted from a property owner rebuilding a home that now faces Ghent Road instead of Desha Road. 1:00:54

Appointments

The following individuals were appointed or reappointed to various boards and commissions:

New Appointments:

• Sarah H. Tate to the Board of Architectural Review
• Connie Rayford to the Charles Young Center Advisory Board
• Geoffrey S. Reed to the Charles Young Center Advisory Board
• James K. Millard to the Greenspace Commission
• Maxine B. Rudder to the Greenspace Commission
• Kenyata R. Johnson to the Housing Authority Board
• Bernie L. Fields to the Infrastructure Hearing Board
• Donna M. Campbell to the Lyric Theatre and Cultural Arts Center Board of Directors
• Shevawn Akers to the Masterson Station Park Advisory Board
• Irma K. Blues to the Masterson Station Park Advisory Board
• Tammy L. Osborne to the Picnic with the Pops Commission

Reappointments:

• Jerry W. Kersey, Jr. to the Commission for Citizens with Disabilities
• Sandra N. Canon to the Human Rights Commission
• Jennifer F. Burke to the Internal Audit Board
• Steve Hupman to the Parks and Recreation Advisory Board
• Keith B. Jones to the Parks and Recreation Advisory Board
• Michael L. Smith to the Parks and Recreation Advisory Board

Contested Items

Appointment of Jennifer Holland as Paralegal

A heated discussion arose regarding the appointment of Jennifer Holland to a paralegal position. Therese Warwick filed a public grievance challenging multiple aspects of the hiring process, including concerns about the procedural fairness of the appointment, pay equity considerations, and how applications were evaluated.

The grievance raised procedural concerns about the hiring decision and identified potential conflicts of interest within the grievance process itself. These issues prompted discussion about the need for administrative review by the Chief Administrative Officer (CAO) to address the procedural irregularities and ensure proper oversight of the appointment and grievance handling.

Roll Call

Council members were called to roll at the beginning of the meeting 0:00. All members were present.

Invocation

Chaplain Frank Firestine from the Division of Community Corrections offered an invocation at the beginning of the meeting. 1:34

Ordinances – Second Reading

4:44

Two ordinances received second reading and approval during this portion of the meeting.

The first ordinance created a Skilled Trades Worker Sr. position and abolished a Skilled Trades Worker position within the Division of Community Corrections.

The second ordinance amended budgets and re-appropriated funds.

Ms. Gorton and Mr. Beard were the key speakers on these matters.

Both ordinances were approved.

Ordinances – First Reading

6:18

Three ordinances were presented for first reading and placed on file for public inspection.

The ordinances addressed the following matters:

• An ordinance changing a job title in Family Services
• An ordinance creating a Deputy Chief Administrative Officer position
• An ordinance amending budgets

All three ordinances were read and filed for public inspection as part of the first reading process.

Resolutions – Second Reading

7:25

Multiple resolutions were presented for second reading and approval during this agenda item. The resolutions addressed equipment procurement, service contracts, construction projects, business development incentives, grant applications, and contract modifications.

Key speakers participating in the discussion included Mr. Stinnett, Mr. Myers, Mr. Ford, Ms. Mossotti, and Ms. Lawless.

The resolutions covered the following categories of action:

• Acceptance of bids for equipment, services, and construction projects
• Approval of inducements for business development initiatives
• Authorization of grant applications
• Authorization of contract changes and modifications

All resolutions presented during this second reading were approved.

Resolutions – First Reading

51:05

Several resolutions were presented during the first reading portion of the meeting. The resolutions were read and placed on file for public inspection.

The resolutions addressed the following matters:

• Bids for streetscape improvements
• Fire suppression repairs
• Grant applications

All resolutions presented during this agenda item were advanced to first reading status, meaning they were formally introduced and made available for public review before any further action would be taken.

Communications from the Mayor

1:20:59

Mayor Jim Gray presented communications regarding appointments to various boards and commissions. The Mayor recommended appointments to the Board of Architectural Review and the Housing Authority Board.

The item was approved.

Communications from the Mayor (For Information Only)

Mayor Jim Gray provided information to the council regarding personnel matters 1:22:03. The Mayor reported on employee resignations and a voluntary demotion within city government.

This agenda item was presented for informational purposes only, with no action required from the council. The Mayor conveyed updates on staffing changes affecting city operations and personnel.

Reports

Reports from the Division of Building Inspection were presented during this agenda item 1:22:03. The presentation covered performance data for the fourth quarter of 2012 as well as comprehensive results for the full calendar year 2012.

This was an informational item with no formal action required. The reports provided an overview of the Division of Building Inspection's activities and metrics during the specified reporting periods.

Announcements

Commander Armstrong presented announcements that included two disciplinary matters from the police department 1:22:35. The announcements were presented for informational purposes.

Public Comments

Three members of the public provided comments during this agenda item, addressing concerns related to a paralegal appointment.

Speakers and Concerns

Therese Warwick, Jennifer Holland, and Janet Graham each spoke during the public comment period. Their remarks focused on issues of civil service compliance and pay equity related to the appointment being discussed.

Key Issues Raised

The commenters raised concerns about whether the paralegal appointment process complied with civil service requirements and expressed questions about pay equity in connection with the position.

Outcome

This agenda item was informational in nature, with no formal action taken during the public comment period.