Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council held a meeting on April 11, 2013, at 6:00 p.m., presided over by Mayor Jim Gray. The meeting took place at the Council Chambers located at 200 E. Main Street in Lexington, Kentucky. During the session, the Council addressed 12 agenda items and took 46 motions and votes on various matters.

The Council approved the minutes from previous meetings and advanced several pieces of legislation. Ordinances on second reading were approved, while ordinances on first reading were introduced for future consideration. One resolution on second reading was denied, and resolutions on first reading were introduced. The Council also approved communications from the Mayor and received additional mayoral communications for informational purposes only. Three members of the public provided comments during the meeting. The agenda also included a roll call, invocation, presentations, and announcements.

Attendance

Present: Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane

Absent: Lawless

Late: None

Votes and Decisions

Ordinances

Ordinance 0290-13, to change zoning from Professional Office (P-1) to Highway Service Business (B-3) for property at 3270 Richmond Rd., passed 14-0 on a roll call vote 34:10. Motion by Gorton, second by Ellinger. Conditional Approval, to be heard by May 29, 2013. All members voted in favor: Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane.

Ordinance 0291-13, to change zoning from Single Family Residential (R-1C) to Neighborhood Business (B-1) for property at 708-712 Henry Clay Blvd., passed 14-0 on a roll call vote 34:10. Motion by Gorton, second by Ellinger. Conditional Approval, to be heard by May 29, 2013, with objector noted.

Ordinance 0266-13, to amend budgets to reflect $1,430 from Neighborhood Development Funds for traffic intersections at Pleasant Ridge, Plaudit, and Winchester/Sir Barton, passed 14-0 on a roll call vote 34:10. Motion by Gorton, second by Ellinger.

Ordinance 0294-13, to amend budgets to reflect current municipal expenditures and re-appropriate funds, passed 14-0 on a roll call vote 34:10. Motion by Gorton, second by Ellinger.

Ordinance 0362-13, to amend Schedule of Meetings for 2013 to add Committee of the Whole meetings on April 23, 25, 30, May 21, June 6, and 11, passed 14-0 on a roll call vote 39:59. Motion by Gorton, second by Farmer. Amended to add April 23 meeting and cancel April 30 Budget and Finance Committee.

Resolutions

Resolution 0296-13, to amend Rules and Procedures to streamline legislative review of documents like deeds, easements, contracts, and grant agreements, failed 5-9 on a roll call vote 45:10. Motion by Stinnett, second by Gorton. Voting in favor: Akers, Clarke, Ford, Kay, and Lane. Voting against: Mossotti, Myers, Scutchfield, Stinnett, Beard, Ellinger, Farmer, Gorton, and Henson.

All remaining resolutions passed unanimously 13-0 on roll call votes 1:09:30, with motions by Stinnett and seconds by Myers. These included resolutions authorizing various agreements, grants, bids, appointments, and budget amendments.

Budget and Financial Actions

The meeting approved multiple contracts, purchases, and grants totaling over $6 million in financial actions.

Facility and Equipment Contracts

Resolution 0307-13 authorized several facility improvements and purchases:

• HVAC and piping repair for Phoenix Building with Triton Services, Inc. for $218,440
• Replacement of cooling tower at 1795 Old Frankfort Pike with Baltimore Aircoil Co. for $31,996 (Resolution 0358-13)
• Purchase of powered air purifying respirators from Bluegrass Uniforms for $35,715
• Purchase of Tetherless Patient Simulator from Gaumard Scientific Co. for $31,601.58

Ongoing Service Contracts

Resolution 0307-13 also approved contracts with unspecified amounts for:

• Temporary labor services through Premier Staffing Source, Inc.
• Beverage products through G & J Pepsi-Cola Bottling Co.

Golf Course Maintenance

Multiple contracts for golf course horticulture products were approved under Resolution 0307-13 with Advanced Turf Solutions, Inc.; Regal Chemical Co.; John Deere Landscapes; Harrell's, LLC; and Residex, LLC.

Grant Funding

The meeting approved substantial grant funding from state and federal sources:

• $1,074,300 from Kentucky Transportation Cabinet for Unified Work Program FY 2014 (Resolution 0326-13)
• $857,300 from Kentucky Department of Military Affairs, Division of Emergency Management for Chemical Stockpile Emergency Preparedness Program and CSEPP program (Resolution 0321-13)
• $3,104,232 from U.S. Department of Housing and Urban Development for Consolidated Plan/Grant Application (Resolution 0319-13)
• $75,000 from Kentucky Department for Local Government for Berry Hill Skate Park construction (Resolution 0311-13)
• $80,000 to Living Arts and Science Center for expansion (Resolution 0314-13)
• $50,000 to Southland Association, Inc. for Class B Incentive Grant for stormwater quality projects (Resolution 0270-13)
• $5,256 to Bluegrass Area Development District for Senior Citizens Center operations (Resolution 0322-13)

Public Comment

Three council members made remarks during the public comment period.

Council Member Kay 1:21:11 addressed council rules and efficiency. Kay criticized the defeat of a resolution that would have streamlined first and second readings, arguing the proposed changes would have saved time and improved operational efficiency. According to Kay, 13 resolutions would have been skipped under the proposed rules.

Council Member Henson 1:22:53 promoted the I Know Expo, an event being held at the Lexington Center. Henson described the expo as offering services for seniors and caregivers and encouraged attendance.

Council Member Akers 1:23:35 highlighted two upcoming weekend community events. Akers encouraged participation in Reforest the Bluegrass and the Now What? Lexington Unconference.

Appointments

The following appointments and reappointments were made during this meeting:

• Julian Beard was appointed to the Commission for Citizens with Disabilities.

• Shevawn Akers was appointed to the Community Action Council Board.

• Eva C. Trout was reappointed to the Industrial Revenue Bond Review Committee.

Contested Items

Resolution 0296-13 – Rules and Procedures

A resolution intended to streamline the first and second readings of ordinances and resolutions became the subject of significant disagreement during the meeting. The proposal aimed to modify procedural rules to make the reading process more efficient.

The resolution was defeated by a vote of 5-9, indicating a clear split among council members. The defeat reflects a fundamental disagreement about the balance between procedural efficiency and other governance concerns. Those opposing the resolution raised concerns about transparency and record-keeping, suggesting that streamlining the reading process could compromise the public record or reduce opportunities for public input and deliberation.

The debate centered on whether the efficiency gains from modifying the reading procedures would outweigh potential losses in transparency and documentation. The 5-9 vote margin demonstrates that a substantial majority of the council prioritized these transparency and record-keeping concerns over the proposed efficiency improvements.

Roll Call

Council members were called to roll at the beginning of the meeting. Susan Lamb conducted the roll call.

All council members were present except for Council Member Lawless, who was absent.

Invocation

Elizabeth Fogus of First Church of Christ Scientist offered the invocation for the meeting 1:41. She prayed for guidance and grace for the council's work.

Minutes of the Previous Meetings

3:21

The minutes from the previous meetings held on January 17, February 12 and 28, and March 7 and 21, 2013, were presented for approval.

Outcome

The minutes were approved unanimously.

Key Participants

Stinnett and Akers were the key speakers on this agenda item.

Presentations

The Mayor and Ms. Gorton presented on Alcohol Awareness Month and the Keep It Real video contest winners 4:04.

Mayor Jim Gray proclaimed April as Alcohol Awareness Month. The presentation also recognized the winners of the Keep It Real video contest and highlighted public health achievements.

Key Speakers: - Mayor Jim Gray - Ms. Gorton - Captain Howard Rupert - Ms. Donna Weisenhahn - Dr. Rice Leach

Recognition: The Mayor recognized Teens Against Tobacco Use and Anita Courtney as 2013 Public Health Heroes.

Outcome: This agenda item was informational in nature.

Ordinances – Second Reading

32:39

Four ordinances received second reading approval during this agenda item. The ordinances consisted of two zoning changes and two budget amendments.

Ordinances Approved: - Two zoning change ordinances - Two budget amendment ordinances to reflect current requirements for funds

Key Speakers: - Gorton - Ellinger

Outcome: All four ordinances were approved.

Ordinances – First Reading

35:14

Ten ordinances were introduced for first reading during this agenda item. The ordinances addressed personnel changes and budget adjustments across various departments.

Key speakers during this discussion included Gorton, Farmer, and Ellinger. The specific details of individual ordinances, concerns raised by council members, or particular debate points are not available in the meeting record.

The outcome of this agenda item was that the ordinances proceeded to first reading as scheduled.

Resolution – Second Reading

Resolution 0296-13 was presented for second reading consideration. The resolution aimed to streamline the legislative review of documents. 43:00

Key speakers during the discussion included Stinnett, Gorton, and Ellinger.

The resolution was put to a vote and was defeated by a vote of 5-9.

Resolutions – First Reading

46:11

Multiple resolutions were introduced for first reading during this portion of the meeting. The resolutions addressed various matters including bids for equipment, contracts, and civil service appointments.

Key speakers participating in the discussion of these resolutions included Kay, Farmer, Myers, and Henson.

The resolutions were presented for their initial reading, with the outcome being that they were advanced to first reading status. This allowed the items to proceed through the standard legislative process for further consideration and potential adoption at a subsequent meeting.

Communications from the Mayor

1:19:40

Mayor Jim Gray presented communications regarding several board and committee appointments.

The Mayor recommended appointments to three bodies:

• Commission for Citizens with Disabilities
• Community Action Council Board
• Industrial Revenue Bond Review Committee

The recommendations were approved.

Communications from the Mayor (For Information Only)

Mayor Jim Gray provided informational updates regarding personnel changes across multiple city departments 1:20:11. The communications covered resignations and appointments within the police, fire, and public works departments.

This agenda item was presented for informational purposes only, with no action required from the council. The Mayor shared details about staffing transitions occurring within the city's key municipal services, allowing council members to remain informed of departmental personnel developments.

Announcements

1:22:53

Council members Henson and Akers shared announcements regarding upcoming community events during this informational segment.

The announcements included information about two community initiatives:

• I Know Expo — Details were provided about this upcoming community event
• Reforest the Bluegrass — Information was shared about this environmental initiative

This segment served as an informational update to council members about community activities and opportunities for public engagement.

Public Comments

No public comments were made during this portion of the meeting. 1:23:35