Urban County Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on March 19, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Jim Gray presiding. The council addressed 12 agenda items, taking 9 votes and hearing 13 public comments from constituents. The meeting included two informational presentations—a Franchise Update and a PPACA Impact Analysis—along with several substantive approvals including requested rezonings, budget amendments, neighborhood development funds, and the General Government Committee Summary. The council also received reports from the Mayor and individual council members, and provided opportunities for public comment both on and off agenda items.

Attendance

The following individuals were present at the meeting on March 19, 2013:

• Linda Gorton
• Chuck Ellinger
• Steve Kay
• Chris Ford
• Shevawn Akers
• Diane Lawless
• Julian Beard
• Bill Farmer Jr.
• George Myers
• Jennifer Scutchfield
• Jennifer Mossotti
• Kevin Stinnett
• Harry Clarke
• Peggy Henson
• Ed Lane

No absences or late arrivals were recorded.

Votes and Decisions

The following motions were voted on and decided during the March 19, 2013 meeting:

Motion to approve the docket of requested rezonings and docket items 5:49 - Moved by Stinnett, seconded by Gordon - Outcome: Passed by voice vote

Motion to place item 5 on the docket without public hearing 6:19 - Moved by Scutchfield, seconded by Ellinger - Outcome: Passed by voice vote

Motion to place item 6 (zone change on 708–712 Henry Clay Boulevard) on the docket without public hearing 6:51 - Moved by Farmer, seconded by Gordon - Outcome: Passed by voice vote - Condition: Provisional placement pending contact with objector

Motion to approve the summary of the work session on March 12th, 2013 8:31 - Moved by Ellinger, seconded by Beard - Outcome: Passed by voice vote

Motion to approve budget amendments 9:01 - Moved by Gordon, seconded by Massadi - Outcome: Passed by voice vote

Motion to approve new business items 9:34 - Moved by Beard, seconded by Gordon - Outcome: Passed by voice vote

Motion to approve the Neighborhood Development Funds 18:12 - Moved by Gorton, seconded by Myers - Outcome: Passed by voice vote

Motion to approve the summary of the March 5th meeting of the General Government Committee 21:54 - Moved by Kaye, seconded by Akers - Outcome: Passed 5–3 - Votes for: Kaye, Akers, Gordon, Stinnett, Farmer - Votes against: Beard, Lane, Henson - Condition: Amendment to Section 4.104 of Council Rules to allow legislative review of certain routine items

Motion to adjourn 26:33 - Moved by Stinnett, seconded by Ellinger - Outcome: Passed by voice vote

Budget and Financial Actions

The meeting authorized the following financial actions and agreements:

Service Contracts

• Document shredding services agreement with Cintas Document Management for the Division of Community Corrections: $729.50 (L0079-13)
• Five-year Maintenance Agreement with Routeware, Inc. for upgrades and technical support for the Routeware routing system: $488,268 (L0167-13)
• Agreement with University of Kentucky Albert B. Chandler Medical Center for use of emergency room as clinical practice area for sexual assault treatment program: $3,000 (L0241-13)

Grant Applications and Awards

• Law Enforcement Service Fee Grant Program for Fiscal Year 2014 from Kentucky Justice and Public Safety Cabinet: $125,000 (L0242-13)
• Street Sales Drug Enforcement Project continuation for FY 2014 from Kentucky Justice and Public Safety Cabinet: $75,000 (L0245-13)
• Kentucky Recycling Grant Program application to Kentucky Energy and Environment Cabinet for purchase of dumpsters and rolloff containers for FY2014: $24,918 (L0257-13)
• Violent Gang and Gun Crime Reduction Program (Project Safe Neighborhoods) Grant for FY 2014 from U.S. Department of Justice: $300,000 (L0258-13)
• Grants To Encourage Arrest Policies and Enforcement of Protection Orders Program continuation application to U.S. Department of Justice/Office on Violence Against Women: $300,000 (L0259-13)
• Safe Havens Project continuation for FY 2014 from U.S. Department of Justice, Office on Violence Against Women: $650,000 (L0260-13)

Infrastructure and Development

• Supplemental Agreement No. 5 accepting additional federal funding from Kentucky Transportation Cabinet for Clays Mill Road Improvements Project: $620,000 (L0246-13)
• Red Mile Development Area Tax Increment Financing (TIF) Master Development Agreement with Lexington Trot Breeders Association LLC with reimbursable TIF structure and no upfront bonded money (L263-13)

Public Comment

The meeting included remarks from Mayor Jim Gray and several council members addressing a range of municipal concerns.

Recognition and Safety

Mayor Jim Gray 4:08 praised the Lexington hazmat teams for their response to a serious nitric acid leak in Nicholasville, highlighting their coordination across 11 counties and the importance of their emergency response work.

Council Member Lawless 24:58 issued safety reminders for drivers and pedestrians during the NCAA tournament, emphasizing the need for cautious behavior in downtown areas and near the University of Kentucky.

Process and Transparency Concerns

Council Member Farmer raised multiple concerns about municipal processes. He expressed worry that the docket was moved too quickly without proper notification to objectors 7:26 and questioned the process for telecom franchises, expressing interest in public input on cable and telecom regulations 43:49.

Council Member Stinnett 22:26 opposed placing routine items on legislative review, arguing it undermines transparency, public record, and council accountability. In contrast, Council Member Beard 26:22 defended the legislative review proposal, contending it improves efficiency and saves time without reducing transparency or council power.

Financial and Operational Issues

Council Member Massadi 10:06 raised concerns about the financial risk of the Red Mile TIF, noting the struggling standard-bred breeding industry and the need for careful oversight.

Council Members Beard and Lawless asked questions about employee benefits administration. Council Member Beard 9:46 inquired about COBRA coverage and how claims are handled, while Council Member Lawless 10:54 requested details on employees working over 30 hours but not eligible for benefits.

Local Concerns

Council Member Farmer 17:18 raised concerns about excessive tree pruning and invasive species removal in Eastbrook Court and Acton Park, citing loss of privacy and visual screening. He also 22:52 requested council support for the Salvation Army through the budget process, noting their role in housing families.

Council Member Akers 23:52 announced upcoming meetings for the Georgetown Street Neighborhood Association and a civic health roundtable at the University of Kentucky.

Council Member Lawless 45:27 shared personal confusion about service providers and called for better clarity and oversight of telecom and cable franchises.

Contested Items

The March 19, 2013 meeting included three areas of significant disagreement among council members.

Legislative Review of Routine Items

The council voted 5-3 to amend Section 4.104 to allow legislative review of routine items. The three dissenting council members opposed the amendment on grounds of transparency and loss of council power. This split vote reflected fundamental disagreement about the appropriate scope of legislative oversight and the balance between streamlined processes and council authority.

Red Mile TIF Agreement

Council Member Massadi raised substantial concerns about the financial risk associated with the Red Mile Tax Increment Financing (TIF) agreement. Massadi cited the volatility of the horse industry as a primary concern, arguing that the council needed to exercise careful oversight of this financial commitment. This discussion highlighted disagreement over whether the TIF structure adequately protected the city's interests given the unpredictable nature of the industry sector involved.

Utility Franchise Process and Telecom Regulation

Council members expressed confusion and disagreement regarding the processes governing telecom and cable franchises. Multiple council members called for greater transparency in these negotiations and advocated for increased public input on future franchise agreements. This procedural dispute reflected concerns that the existing framework did not provide adequate opportunity for council review or public participation in decisions affecting utility services.

Public Comment - Issues on Agenda

5:00

No public comments were submitted during this portion of the session.

Requested Rezonings / Docket Approval

5:49

The council approved the docket of rezoning requests during this agenda item. The discussion included motions to place items 5 and 6 on the docket without public hearings.

Council Member Farmer raised concerns about the speed of the process, questioning the approach being taken with these rezoning requests.

Key speakers in this discussion included Stinnett, Scutchfield, Farmer, and Gordon.

The council voted to approve the docket as presented.

Approval of Summary

The council considered approval of the summary from the previous work session. 8:31

Key speakers on this agenda item included Ellinger and Beard.

The summary was approved by the council without dissent.

Budget Amendments

The council approved a series of budget amendments totaling over $1.5 million during this agenda item 9:01. The amendments addressed multiple operational needs across the organization.

Key Speakers

Gordon and Massadi led the discussion on the proposed budget amendments.

Amendments Approved

The approved amendments included funding for:

• Fleet renovations
• Hazmat equipment
• Copier replacements
• Grant matches

Outcome

The council voted to approve all proposed budget amendments.

New Business

9:34

The council approved a series of new business items during this portion of the meeting. The agenda included contracts, grants, and a Red Mile TIF (Tax Increment Financing) agreement.

Council Member Massadi raised concerns about the TIF agreement and its relationship to the horse industry. These concerns were noted during the discussion of the new business items.

Key speakers on this agenda item included Beard, Massadi, Farmer, and Akers.

The council voted to approve the new business items presented.

Neighborhood Development Funds

The council considered the Neighborhood Development Funds as agenda item VI.a 18:12. Key speakers on this matter included Gorton and Myers.

The council approved the Neighborhood Development Funds without dissent.

General Government Committee Summary

Council Member Steve Kaye presented a summary of the General Government Committee meeting held on March 5th 18:42.

Main Action

The committee considered a motion to amend Section 4.104 of Council Rules to allow legislative review of routine items. The motion passed by a vote of 5-3.

Key Participants

Council Members Kaye, Farmer, Stinnett, and Beard were among those involved in the discussion of this agenda item.

Outcome

The amendment to Section 4.104 was approved, enabling the legislative review process for routine items as proposed.

Presentation: Franchise Update

David Barberie presented updates on proposed gas and electric franchise ordinances to the council 31:52. The presentation covered the bidding process, franchise fees, and the regulatory framework governing these franchises.

Key Topics Covered

Barberie explained the mechanics of the franchise bidding process and outlined the fee structure associated with gas and electric franchises. He also detailed the regulatory framework that would govern these utility franchises.

Council Participation

Council members Beard, Farmer, and Lawless participated in the discussion alongside Barberie.

Outcome

The council approved the presentation and agreed to advertise the franchises, moving forward with the process outlined by Barberie.

Presentation: PPACA Impact Analysis

Benji Marrs presented an analysis of the Patient Protection and Affordable Care Act's (PPACA) impact on the Lexington-Fayette Urban County Government (LFUCG) 48:15. The presentation examined multiple dimensions of the legislation's effects on the organization, including affordability considerations, qualified health plans, penalties, and financial implications.

The analysis was designed to inform future budget planning for the government. Key participants in the discussion included Marrs, Stinnett, Massadi, and Henson, who engaged with the presented material and its implications for the organization.

The presentation was received as informational, providing the council with data and analysis necessary for understanding how PPACA would affect LFUCG's operations and finances going forward. The council accepted the report for use in their budget planning processes.

Council Reports

During this agenda item, council members provided brief reports on upcoming meetings, civic events, and administrative updates. 1:15:43

The following council members contributed to the discussion:

• Massadi
• Gordon
• Stinnett
• Akers
• Lawless

The reports were informational in nature, with council members sharing updates relevant to their respective areas of responsibility or upcoming municipal activities. No formal debate or action items resulted from this segment of the meeting.

Mayor's Report

The council considered the Mayor's Report as Agenda Item VIII 1:26:02. Gordon and Beard were the key speakers on this item.

The council approved the Mayor's Report without discussion. No concerns were raised, and no debate took place during consideration of this agenda item.

Public Comment - Issues Not on Agenda

1:26:33

No public comments were submitted for issues not on the agenda during this portion of the meeting.