Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on May 23, 2013, at 6:00 p.m. in Lexington, Kentucky, with Vice-Mayor Linda Gorton presiding. The council addressed 17 agenda items during the session, taking 16 motions and votes while hearing 6 public comments.

The meeting included a mix of ceremonial, legislative, and administrative business. The council approved minutes from previous meetings and a Proclamation for Mental Health Awareness Month. On the legislative front, the council approved a second reading of ordinances and advanced a first reading of ordinances, as well as a first reading of a Mobile Food Vendor Pilot Program. One motion to move funds failed during the session.

Personnel and contractual matters comprised a significant portion of the agenda. The council approved a conditional offer to Gregory Colvin, conditional offers to multiple civil service appointees, and ratification of civil service appointments. The council also approved multiple resolutions for bid acceptance and agreements with neighborhood associations, including an amended agreement with neighborhood associations.

Infrastructure and public services items included approval of Phoenix Park maintenance improvements and crosswalk installation. The council approved an agreement with Metro Employees Credit Union, though this item was later withdrawn. The council also approved the donation of an ARFF (Aircraft Rescue and Firefighting) apparatus and multiple additional resolutions.

One agenda item—an agreement with Metro Employees Credit Union—was withdrawn from consideration during the meeting.

Attendance

The following individuals were present at the meeting on May 23, 2013:

• Stinnett
• Akers
• Beard
• Clarke
• Ellinger
• Farmer
• Ford
• Henson
• Kay
• Lane
• Lawless
• Mossotti
• Myers
• Scutchfield

No absences or late arrivals were recorded.

Votes and Decisions

Ordinance 011-2013 (Zoning Enforcement) 11:27 Motion by Henson, seconded by Ellinger, to amend the zoning ordinance to provide for right-of-entry and administrative warrants related to zoning enforcement. Passed 15-0 on roll call vote. All 15 members voted in favor: Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Mossotti, Myers, and Scutchfield.

Ordinance 011-2013 (Lewis Street) 1:04:46 Motion by Ford, seconded by Gorton, to designate Lewis Street as a one-way street with angle parking and authorize installation of signs and markings. Passed 15-0 on roll call vote with all 15 members voting in favor.

Ordinance 014-2013 (Mobile Food Vendor Program) 37:22 Motion by Lawless, seconded by Kay, to amend the mobile food vendor pilot program to add a 200-foot buffer from pedestrian-oriented business districts. Failed 1-14 on roll call vote. Only Lawless voted in favor. Fourteen members voted against: Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Mossotti, Myers, and Scutchfield.

Motion to Move Funds 1:02:55 Motion by Beard, seconded by Lane, to move $2,700,000 from fund balance to economic contingency fund. Failed 7-8 on roll call vote. Seven members voted in favor: Stinnett, Akers, Clarke, Farmer, Ford, Henson, Kay, and Lawless. Eight members voted against: Beard, Ellinger, Gorton, Lane, Mossotti, Myers, and Scutchfield.

Resolution 006-2013 (Gregory Colvin Appointment - Table Motion) 1:08:00 Motion by Farmer, seconded by Stinnett, to table the resolution authorizing a conditional offer to Gregory Colvin for Assistant Director, Community Corrections. Tabled 10-4 on roll call vote. Four members voted in favor of tabling: Akers, Beard, Ellinger, and Mossotti. Eight members voted against tabling: Stinnett, Clarke, Farmer, Ford, Henson, Kay, Lawless, and others.

Resolution 006-2013 (Gregory Colvin Appointment - Approval) 3:36:19 Motion by Ellinger, seconded by Gorton, to approve the resolution authorizing a conditional offer to Gregory Colvin for Assistant Director, Community Corrections. Passed 15-0 on roll call vote with all 15 members voting in favor.

Additional Resolutions Multiple resolutions passed unanimously 15-0 on roll call votes: Resolution 007-2013 (bids and project agreements) [timestamp: 01:15:52 and 01:57:02], Resolution 021-2013 (Moveable Feast allocation reduction) 1:35:29, Resolution 055-2013 (Phoenix Park improvements) 1:38:00, Resolution 058-2013 (crosswalk installation) 1:39:02, Resolution 039-2013 (neighborhood association agreements) 1:39:33, Resolution 026-2013 (civil service appointments and audit retention) 1:41:16, Resolution 050-2013 (ARFF apparatus donation) 1:45:07, and Resolution 025-2013 (civil service conditional offers) 1:46:08.

Resolution 056-2013 1:41:52 Motion by Ford, seconded by Farmer, to suspend rules for second reading of resolution authorizing agreement with Metro Employees Credit Union. Withdrawn.

Budget and Financial Actions

The meeting included approval of numerous contracts, grants, donations, and purchases across multiple city departments and services.

Facility and Infrastructure Contracts

The city accepted a bid of $10,866.45 from Rainbow International of Lexington for mold remediation at the Downtown Arts Center (Resolution 007-2013). Rio Grande Fence Co. was awarded a contract for $148,831 to construct new chain link dugouts at various locations (Resolution 007-2013). Price contracts were established with TP Mechanical Contractors and Alliance Comfort Systems, Inc. for HVACR maintenance and repair (Resolution 007-2013). Robinson Pipe Cleaning Co. received a contract worth $623,783.80 for the 2013 Sanitary Sewer Cleaning Program (Resolution 007-2013). Pump station wet well cleaning services contracts were established with B&H Environmental Services, Leak Eliminators, LLC, and Perdue Environmental Contracting Co. d/b/a PECCO, Inc. (Resolution 007-2013).

Grants and Donations

The city accepted a donation of military surplus ARFF apparatus valued at $165,000 from the Kentucky Fire Commission (Resolution 050-2013). Embrace Church, Inc. received a Class B Incentive Grant of $215,745 for stormwater quality projects (Resolution 013-2013), while Brighton Woods Association, Inc. was awarded a Class A Incentive Grant of $63,828 for a stormwater quality project (Resolution 015-2013). The city accepted a $1,740 donation from WLEX-TV and Downtown Lexington Corp. for the Urban Mountain Challenge (Resolution 008-2013). Grants were awarded to the Kentucky Department of Juvenile Justice for $217,660 to operate the Day Treatment Program (Resolution 017-2013) and to the U.S. Department of Justice for $65,503 for the State Criminal Alien Assistance Program (Resolution 012-2013).

Additional Contracts and Agreements

The city purchased Integrated Damage Assessment Model Software from qPUBLIC, LLC for $3,000 (Resolution 014-2013). A change order increased an HVAC and piping repair contract with Triton Services, Inc. by $8,360 (Resolution 054-2013). Harshaw Trane was contracted for HVAC maintenance services at $8,600 (Resolution 042-2013). Additional agreements included maintenance improvements to Phoenix Park with Lexington Library and Harmony HB, LLC for $19,141 (Resolution 055-2013), and a stormwater quality project agreement with Smart Systems for $2,400 (Resolution 030-2013). A change order for Haley Pike Landfill Closure with R.B. Juergens Contractors, Inc. totaled $484,075.29 (Resolution 033-2013). Design services for Northland Meadows Arlington Phase 5C were purchased from ECSI LLC for $22,500 (Resolution 034-2013).

Public Comment

Six speakers addressed the council on May 23, 2013, raising issues ranging from downtown development to environmental conservation and government accountability.

Food Truck Ordinance

Dick Owen expressed concerns about the aesthetic impact of food trucks on downtown Lexington 1:59:08. He stated that food trucks would create a carnival-like atmosphere and harm the visual appeal of historic downtown buildings and luxury businesses, and questioned their compatibility with existing sign ordinances.

In support of the food truck proposal, Sean Tibbets, representing the Bluegrass Food Truck Association, urged the council to "free the food trucks" to allow innovation and economic growth in downtown 2:04:57. Ilias Papas shared his personal experience, describing how operating a food truck enabled him to grow his business and eventually open a brick-and-mortar restaurant, demonstrating the program's positive impact 2:12:24.

Infrastructure and Funding Concerns

Bernard McCarthy objected to proposed street construction changes that would remove viaducts 2:07:13. He also expressed strong opposition to any government funding of abortion, citing personal pro-life beliefs.

Environmental Issues

Lily Miller-Johnson provided updates on regional and national Envirathon teams and the upcoming KACD convention 2:09:05. She also discussed key environmental legislation including the Farm Bill and Mississippi River Basin Initiative.

Government Accountability

Frank Harris raised concerns about voting machine accuracy and requested better public display of voting results 2:13:01. He also questioned whether Empower Lexington is subject to open records and meetings laws.

Appointments

The meeting resulted in the appointment of 63 individuals to various positions across multiple county departments and divisions.

Community Corrections Division saw the largest number of appointments, with 28 Community Corrections Officers appointed:

• Sharon Salomon, Alejandro Dodds, Timothy Jury, Brandon Howard, Jacob Agee, Luke Hamlin, Joshua Preston, Joseph Hall, Melvin Trent, Adam Essex, Earl Leach, Leonard Miller, Evan Partin, Lindsey Wright, Derek Miracle, Robert Hisel, Justin Edwards, Justin Feck, Robert Sykes, Roger Meadows, Sean Velez, Jeffrey Marshall, Robert McNeil, Frank Gibson, John Rogers, Joseph Murphy, Jarrod Haden, Bryce Bowie, Keziah Israel, Stanley Browning, Isaac Rodriguez, Bryant Bowels, Scott Harding, Randall Miller, and Patrick Miller

Additionally, Gregory Colvin was appointed Assistant Director of Community Corrections.

Other departmental appointments included:

• Eileen O'Donnell, Administrative Specialist Sr., Dept. of Law
• Rickie Butcher and Gregory Sheffer, Maintenance Mechanics, Div. of Water Quality
• Blaine Wolf, Maintenance Mechanic, Div. of Water Quality
• Garret Krall, Treatment Plant Operator, Div. of Water Quality
• Robert Pulcini and James Ratliff, Skilled Trades Workers, Div. of Facilities and Fleet Management
• Jeffery Marshall, Security Officer, Div. of Facilities and Fleet Management
• Frank White, Body and Paint Mechanic-Certified, Div. of Facilities and Fleet Management
• Brittany Watson, Telecommunicator Sr., Div. of Emergency Management/911
• Philip Thompson, Planner Sr., Div. of Planning
• Suzanne Combs and Candice Euarl, Child Care Program Aides, Div. of Family Services
• Beth Beldon, Human Resources Analyst, Div. of Human Resources
• James Heard and Tim Burton, Equipment Operators Sr., Div. of Waste Management
• Christopher Phillips, Administrative Specialist, Div. of Waste Management
• Amy Baker, Program Administrator, Dept. of Social Services
• Brenna Angel, Program Specialist, Office of the Mayor
• Theresa Maynard, Buyer Sr., Div. of Central Purchasing
• Barbie Tapp, Staff Assistant, Div. of Police
• Tabitha Highley, GIS Specialist, Div. of Computer Services
• Brad Mecham, Building Inspector, Div. of Building Inspection
• Melynda Jamison, C.A.S.A. Services Manager, Div. of Youth Services
• India Thomason, Equipment Operator, Div. of Youth Services
• James Waddell and Hilary Angelucci, Aides to Council, Office of the Urban County Council

Leave was approved for Ilir Aliu, Equipment Operator Sr., Div. of Waste Management.

Contested Items

The May 23, 2013 meeting included several items that generated significant disagreement among council members and the public.

Mobile Food Vendor Pilot Program Amendment

A proposed amendment to prohibit mobile food vendors from operating within 200 feet of pedestrian-oriented business districts failed by a vote of 1-14. The debate centered on three main concerns: the practical challenges of enforcing such a restriction, the potential economic impact on vendors, and disagreement over whether pedestrian-oriented business districts actually existed in the relevant areas. The overwhelming vote against the amendment indicated strong council opposition to this particular regulatory approach.

Transfer of $2.7 Million to Economic Contingency Fund

A motion to transfer $2.7 million to the Economic Contingency Fund failed 7-8, reflecting a closely divided council. Members disagreed about the appropriate timing for such a transfer, the proper budget process to follow, and whether fiscal prudence required different action before committing such a large sum of money.

Public Comment on Food Trucks

Several members of the public spoke during the meeting to express opposition to food trucks operating in the city. Their concerns focused on aesthetic impacts, increased congestion, potential damage to the downtown character, and effects on historic buildings in the area.

Rules Suspension for Multiple Resolutions

A procedural dispute arose when council members raised concerns about suspending standard rules without adequate notice to the public. This issue proved particularly contentious regarding a proposed Metro Employees Credit Union agreement. Due to these procedural concerns, the council ultimately withdrew that agreement from consideration.

Approval of Minutes from Previous Meetings

3:47

The Council approved the minutes from three previous meetings held on April 9, 11, and 25, 2013. Vice-Mayor Gorton moved to approve the minutes, and Council Member Ellinger seconded the motion. The minutes were approved by unanimous vote.

Proclamation for Mental Health Awareness Month

The Mayor proclaimed May 2013 as Mental Health Awareness Month, recognizing the advocacy work of NAMI Lexington. 4:20

Key Speakers and Presentation

The proclamation was presented by Gray, with remarks from Marcy Timmerman and Jamie Boyd, representatives from NAMI Lexington. The speakers discussed their organization's advocacy efforts in the community.

Outcome

The proclamation was approved.

Second Reading of Ordinances

Two ordinances received second reading and approval during this portion of the meeting 10:23.

Ordinances Approved:

• An ordinance amending the budget
• An ordinance amending the zoning ordinance to allow right-of-entry and administrative warrants for zoning enforcement

Key Speakers:

The discussion was led by Henson and Ellinger.

Outcome:

Both ordinances were approved.

First Reading of Ordinances

12:35

Several ordinances were given first reading and placed on file for public inspection during this agenda item. The ordinances addressed zoning changes, budget amendments, and the creation of a Sanitary Sewer Capacity Assurance Program.

Key speakers on this item included Gorton and Ellinger. The ordinances were presented for their initial reading as part of the standard legislative process, allowing them to be filed for public review before subsequent readings and final consideration.

The outcome of this agenda item was that all ordinances received their first reading as scheduled.

Mobile Food Vendor Pilot Program

A pilot program for mobile food vendors was introduced for consideration 19:29. The discussion involved speakers Lawless, Gorton, Farmer, Beard, Paulsen, and Henson.

During the meeting, a proposed amendment was presented that would prohibit mobile food vendor operation within 200 feet of pedestrian-oriented business districts. This amendment was debated by the council members present.

The amendment to restrict operations near pedestrian-oriented business districts failed to pass.

The item advanced to first reading.

Motion to Move Funds

Council Member Beard moved to transfer $2.7 million from the fund balance to the economic contingency fund. 51:04

The motion involved key speakers including Beard, Farmer, Kay, Stinnett, Lane, and Lawless in the discussion.

The motion failed with a vote of 7-8.

Conditional Offer to Gregory Colvin

A resolution authorizing a conditional offer to Gregory Colvin for the position of Assistant Director, Community Corrections, was presented to the board. 1:08:00

The item involved key speakers including Farmer, Stinnett, Ellinger, and Gorton during the discussion and voting process.

The resolution was initially tabled by a vote of 10-4. However, the item was subsequently brought back for consideration and approved on second reading.

The final outcome was approval of the conditional offer to Gregory Colvin for the Assistant Director, Community Corrections position.

Multiple Resolutions for Bid Acceptance

1:15:52

A series of resolutions were presented and approved to accept bids for various facility and maintenance projects. Key speakers on this agenda item included Gorton and Kay.

The resolutions covered bid acceptance for the following project categories:

• Mold remediation
• Fence installation
• HVAC maintenance
• Sewer cleaning

Outcome: All resolutions for bid acceptance were approved.

Conditional Offers to Multiple Civil Service Appointments

1:46:08

A resolution authorizing conditional offers to multiple probationary and unclassified civil service appointments was presented for consideration. The agenda item required a suspension of rules before proceeding to a vote.

Key speakers on this matter included Gorton, Ellinger, and Myers. The discussion centered on the authorization of conditional offers for civil service positions across both probationary and unclassified appointment categories.

The resolution was approved following the rules suspension. No specific concerns or objections were documented during the discussion of this agenda item.

Ratification of Civil Service Appointments

1:41:16

A resolution ratifying multiple probationary and permanent civil service appointments was presented and approved. The appointments covered positions across several city divisions, including the Division of Police, Water Quality, and Youth Services.

Key speakers on this agenda item included Ellinger and Myers.

The resolution was approved without noted objections or concerns raised during discussion.

Agreements with Neighborhood Associations

A resolution authorizing agreements with multiple neighborhood associations was presented for approval at this meeting 1:39:33.

Key speakers on this agenda item included Scutchfield and Henson. The resolution required a suspension of the rules before it could be considered.

The resolution was approved following the rules suspension.

Phoenix Park Maintenance Improvements

A resolution authorizing maintenance improvements to Phoenix Park was presented and approved during the meeting 1:38:00. The discussion involved key speakers Lawless and Myers.

The resolution required a suspension of the rules to allow the maintenance work to begin immediately. This procedural step was necessary to expedite the improvements to the park.

The resolution was approved by the body.

Crosswalk Installation

A resolution authorizing a crosswalk installation at Fiddler Creek Way and Clearwater Way was presented for consideration 1:39:02. The item required a rules suspension before proceeding to a vote.

Key speakers Myers and Gorton participated in the discussion of this agenda item. The resolution was ultimately approved following the suspension of rules.

Amended Agreement with Neighborhood Associations

A resolution authorizing agreements with multiple neighborhood associations was brought before the meeting for consideration. The resolution required an amendment to correct a clerical error related to the Moveable Feast allocation.

Key speakers on this item included Lawless and Gorton, who addressed the correction needed in the agreement terms. 1:35:29

The amendment addressed the identified clerical error to ensure accuracy in the allocation amounts specified in the neighborhood association agreements. Following discussion of the correction, the resolution was approved.

Agreement with Metro Employees Credit Union

A resolution authorizing an agreement with Metro Employees Credit Union was brought forward for second reading. 1:41:52

Key speakers Ford and Myers participated in the discussion of this agenda item.

During deliberation, concerns were raised regarding internal administration issues related to the proposed agreement. These concerns prompted reconsideration of the resolution's advancement.

As a result of the issues identified, the resolution was withdrawn and did not proceed to a vote.

Donation of ARFF Apparatus

A resolution authorizing the acceptance of a military surplus ARFF (Aircraft Rescue and Firefighting) apparatus valued at $165,000 was presented for consideration 1:45:07. The item required a rules suspension before proceeding to a vote.

Key speakers on this agenda item included Gorton and Kay, who discussed the donation and its implications for the municipality.

The resolution was approved following the rules suspension, allowing the city to accept the donated military surplus equipment. The ARFF apparatus, valued at $165,000, represents equipment that would otherwise require significant capital expenditure if purchased new.

Approval of Multiple Resolutions

1:57:02

A series of resolutions were brought before the council to accept bids and authorize agreements for various city projects. The resolutions covered multiple service areas, including sewer cleaning, HVAC maintenance, and grant awards.

Key speakers on this agenda item included Ellinger and Myers, who presented and discussed the proposed resolutions with the council.

The resolutions were approved by the council.