Urban County Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Government held a meeting on August 20, 2013, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center. Mayor Jim Gray presided over the session, which included 10 agenda items and resulted in 43 motions and votes. The council heard 7 public comments during the meeting, with opportunities for public input both on agenda items and on issues not listed on the agenda. Key actions taken included approval of a summary, budget amendments, new business items, and the mayor's report. The meeting also included informational presentations and reports from council members and continuing business discussions.

Attendance

Present: Linda Gorton, Chuck Ellinger, Steve Kay, Chris Ford, Shevawn Akers, Julian Beard, Bill Farmer, Kevin Stinnett, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson, and Ed Lane.

Absent: Diane Lawless.

Late: None.

Votes and Decisions

Ordinance 0845-13 — Approval of the Fayette County Sheriff's Settlement - 2012 Taxes, and granting the Sheriff a Quietus. Motion by Kevin Stinnett, seconded by Linda Gorton. Passed unanimously. 0:00

Resolution 0846-13 — Reimbursement resolution for the FY2014 Bond projects. Motion by Kevin Stinnett, seconded by Jennifer Scutchfield. Passed unanimously. 0:00

Ordinance 0845-13 — First reading without a public hearing. Motion by Ed Lane, seconded by Jennifer Scutchfield. Passed unanimously. 0:00

Resolution 0849-13 — Authorization to execute an agreement with Lazy Eight Stock Farm for fresh produce, meat, and other related items at the Government Center. Motion by Steve Kay, seconded by Bill Farmer. Passed unanimously. 0:00

Ordinance 0839-13 — First reading without a public hearing. Motion by Julian Beard, seconded by George Myers. Passed 9-4 on roll call. Voting in favor: Steve Kay, Peggy Henson, Julian Beard, George Myers, Linda Gorton, Harry Clarke, Jennifer Mossotti, Kevin Stinnett, Chris Ford. Voting against: Shevawn Akers, Chuck Ellinger, Bill Farmer, Jennifer Scutchfield. 0:00

Approval of the docket. Motion by Chuck Ellinger, seconded by George Myers. Passed unanimously. 0:00

Ordinance 0846-13 — First reading without a public hearing. Motion by Chuck Ellinger, seconded by Bill Farmer. Passed unanimously. 0:00

Authorization to install multi-way stop controls at Clearwater Way and Ridgewater Drive. Motion by Julian Beard, seconded by George Myers. Passed unanimously. 0:00

Approval of the summary. Motion by Linda Gorton, seconded by Shevawn Akers. Passed unanimously. 0:00

Approval of budget amendments. Motion by Bill Farmer, seconded by Julian Beard. Passed unanimously. 0:00

Approval of new business items, except item ee. Motion by Linda Gorton, seconded by Chuck Ellinger. Voting in favor: Linda Gorton, Chuck Ellinger, Steve Kay, Chris Ford, Julian Beard, Kevin Stinnett, Jennifer Scutchfield, George Myers, Jennifer Mossotti, Harry Clarke, Peggy Henson. Voting against: Bill Farmer, Shevawn Akers. 0:00

Correction of numerical error in item DD, changing from $144,145.95 to $1,444,145.95. Motion by Linda Gorton, seconded by Chuck Ellinger. Passed unanimously. 0:00

Tabling of item hh 0853-13 — Authorization to accept award of funds for the Local Food Coordinator to provide additional time to resolve grant funding issues. Motion by Steve Kay, seconded by Jennifer Mossotti. Passed unanimously. 0:00

Approval of NDF. Motion by Kevin Stinnett, seconded by Linda Gorton. Passed unanimously. 0:00

Setting general services fund tax rates at option 1 (same as current rate). Motion by Linda Gorton, seconded by Kevin Stinnett. Passed unanimously. 0:00

Setting health tax rate at 0.028 (same as current rate). Motion by Linda Gorton, seconded by Shevawn Akers. Passed unanimously. 0:00

Setting conservation and soil rate at 0.0005. Motion by Linda Gorton, seconded by Jennifer Mossotti. Passed 9-5 on roll call. Voting in favor: Steve Kay, Peggy Henson, Julian Beard, Bill Farmer, Linda Gorton, Jennifer Mossotti, Ed Lane, Kevin Stinnett, Chris Ford. Voting against: Shevawn Akers, Chuck Ellinger, George Myers, Harry Clarke, Jennifer Scutchfield. 0:00

Setting extension real property rate at 0.0034. Motion by Linda Gorton, seconded by Steve Kay. Passed unanimously. 0:00

Setting extension personal property rate at 0.0038. Motion by Linda Gorton, seconded by Steve Kay. Passed unanimously. 0:00

Setting refuse collection rate to option 1 (prior rate with no increase). Motion by Bill Farmer, seconded by Kevin Stinnett. Passed unanimously. 0:00

Setting street cleaning rate at option 1 (amended to option 4). Motion by Bill Farmer, seconded by Jennifer Scutchfield. Passed 8-6 on roll call. Voting in favor: Steve Kay, Peggy Henson, Julian Beard, Shevawn Akers, Linda Gorton, Jennifer Mossotti, Ed Lane, Chris Ford. Voting against: Chuck Ellinger, George Myers, Bill Farmer, Harry Clarke, Kevin Stinnett, Jennifer Scutchfield. 0:00

Amending street cleaning rate to 0.0097 (option 4). Motion by Ed Lane, seconded by Jennifer Mossotti. Passed 8-6 on roll call. Voting in favor: Steve Kay, Peggy Henson, Julian Beard, Shevawn Akers, Linda Gorton, Jennifer Mossotti, Ed Lane, Chris Ford. Voting against: Chuck Ellinger, George Myers, Bill Farmer, Harry Clarke, Kevin Stinnett, Jennifer Scutchfield. 0:00

Setting insurance rate at 0.092. Motion by Bill Farmer, seconded by Steve Kay. Passed unanimously. 0:00

Amending the suggested approach to fund streetlights by eliminating property tax and adopting as general fund obligation, changing franchise fee to 5% total (amended to set property tax at 0.0210 and franchise fee at 4%). Motion by Bill Farmer, seconded by Shevawn Akers. Passed 8-7 on roll call. Voting in favor: Ed Lane, Peggy Henson, Jennifer Mossotti, George Myers, Diane Lawless, Steve Kay, Chris Ford, Linda Gorton. Voting against: Harry Clarke, Jennifer Scutchfield, Bill Farmer, Kevin Stinnett, Julian Beard, Shevawn Akers, Chuck Ellinger. 0:00

Amending to set rate at 0.0319 per $100 of assessed value. Motion by Ed Lane, seconded by Jennifer Mossotti. Failed 5-10 on roll call. Voting in favor: Chris Ford, Ed Lane, Julian Beard, Jennifer Mossotti, Diane Lawless. Voting against: Linda Gorton, Chuck Ellinger, Steve Kay, Bill Farmer, Peggy Henson, George Myers, Jennifer Scutchfield, Harry Clarke, Shevawn Akers, Kevin Stinnett. 0:00

Amending to keep property tax flat and set franchise fee at 4%. Motion by Linda Gorton, seconded by George Myers. Passed 10-5 on roll call. Voting in favor: Ed Lane, Peggy Henson, Jennifer Mossotti, George Myers, Jennifer Scutchfield, Diane Lawless, Steve Kay, Chris Ford, Chuck Ellinger, Linda Gorton. Voting against: Harry Clarke

Budget and Financial Actions

The meeting approved five financial actions totaling $747,860:

• Ordinance 0811-13: Purchase of Heil multipack garbage packers from Central Indiana Truck Equipment for $218,299.

• Ordinance 0834-13: Contract with Time Warner Cable for connectivity for EDACS radio system and NetMotion internet access in the Division of Fire, valued at $14,280.

• Ordinance 0861-13: Contract with Murphy + Graves Architects for renovation of the Emergency Operations Center at 115 Cisco Road, totaling $427,000.

• Ordinance 0867-13: Contract with Columbia Gas of Kentucky for relocation of utilities for the Clays Mill Road Improvements Project - Section 2C, in the amount of $38,281.

• Ordinance 0870-13: Contract with University of Kentucky and UK Arboretum for stormwater education and outreach workshops for the Division of Environmental Policy, valued at $50,000.

Public Comment

Seven speakers addressed the council on August 20, 2013, raising concerns about three primary topics: the Senior Citizen Center location, the salt barn location, and charter compliance.

Senior Citizen Center Location

Five speakers commented on the proposed Senior Citizen Center project. Gail Reese 12:28 expressed concern about placing the center near the Hope Center, citing risks associated with locating two vulnerable populations adjacent to each other.

Laura Milligan 14:03 stressed the growing needs of seniors and urged the council to settle on a location and move forward with the project, emphasizing that seniors pay taxes and vote.

Earl Payton 15:40 expressed support for the Idle Hour, Liberty, and Turfland Mall sites, but raised concerns about the YMCA site due to past unfulfilled promises.

Tony Higdon 16:18 supported the Senior Center project and urged the council to honor its commitments, noting that attendance has grown significantly at the current location.

Carolyn Payton 19:06 advocated for the first three sites and expressed concern about funding the YMCA option, noting that seniors already have access to programs like Silver Sneakers.

Salt Barn Location

Lois Mather 2:58:23 expressed strong opposition to placing the salt barn at the Continental property, describing it as a blight and a threat to the neighborhood's image.

Charter Compliance

Derek Wheeler 3:08:42 raised concerns about the legality of transferring funds to pay for street lighting via a utility franchise fee, citing a potential charter violation.

Contested Items

Salt Barn Location at 801 East New Circle Road

Residents strongly opposed the proposed salt barn site at 801 East New Circle Road, citing the property's poor condition, environmental concerns, and negative impact on neighborhood aesthetics. The debate intensified when the administration issued a Request for Proposals (RFP) for alternative sites following council action. This procedural move sparked disagreement over fairness and the proper scope of council authority in relation to administrative decisions.

Rescission of Resolution 373-2013

Council members disputed whether the council possessed the authority to rescind a previously passed resolution. The disagreement centered on parliamentary procedure and the appropriate role of the administration in initiating an RFP after the council had voted on the matter. This procedural question raised concerns about the balance of power between the legislative and executive branches.

Itinerant Merchant Ordinance

The Itinerant Merchant Ordinance passed with a 9-4 vote following amendments to regulations governing door-to-door sales hours. The split vote reflected division among council members regarding business regulation and the weight given to community input on the issue.

Public Comment – Issues on Agenda

10:22

During the public comment period on agenda items, residents addressed two primary topics of concern: the Senior Citizen Center location and the salt barn site.

Key Speakers and Concerns

Five residents provided comments: Gail Reese, Laura Milligan, Earl Payton, Tony Higdon, and Carolyn Payton. Their remarks focused on the potential neighborhood impact and accessibility issues related to both proposed projects.

Residents expressed concerns about how the Senior Citizen Center location would affect their community, including questions about neighborhood compatibility and access for seniors and visitors. Similarly, comments regarding the salt barn site centered on its potential impact on the surrounding area and related access considerations.

Outcome

This agenda item was informational in nature, allowing residents to voice their concerns and perspectives on these two projects without formal action or decision being taken during this portion of the meeting.

Requested Rezonings/Docket Approval

21:47

Several ordinances and resolutions were placed on the docket for future consideration during this agenda item. The matters included the Fayette County Sheriff's Settlement and the Itinerant Merchant Ordinance.

This item was presented as informational in nature, with the ordinances and resolutions being added to the docket for subsequent review and action rather than being decided at this meeting.

Approval of Summary

The summary of the previous meeting was presented for approval. 21:47

The summary was approved without dissent.

Budget Amendments

Budget amendments were presented as Agenda Item IV at approximately 22 minutes and 24 seconds into the meeting. The amendments were approved without discussion.

No speakers were identified during this agenda item, and no specific details regarding the content of the amendments, amounts involved, or affected budget categories were provided in the meeting record. No concerns or questions from attendees were documented.

Outcome: The budget amendments were approved.

New Business

22:24

Several new business items were brought before the meeting for discussion and consideration.

Items Discussed

The agenda included three main topics: - Agreements for garbage packers - Connectivity matters - Stormwater workshops

Key Participants

Bill Farmer, Ed Lane, and Steve Kay were the primary speakers during this portion of the meeting.

Outcome

The new business items presented were approved.

Continuing Business/Presentations

During this agenda item, the board received presentations on two topics of interest to the municipality.

Senior Citizen Center Property Inventory and Review

Sally Hamilton and Beth Mills presented information regarding the Senior Citizen Center property inventory and review. The specific details of the property assessment and findings were discussed during this portion of the meeting. 29:35

Economic Development Committee Summary

Julian Beard provided a summary of activities and updates from the Economic Development Committee. This presentation covered the committee's work and initiatives during the relevant period.

Outcome

Both presentations were informational in nature, providing the board with updates on these important municipal matters without requiring formal action or decisions at this time.

Council Reports

Council members provided updates on several municipal matters during this informational segment of the meeting. 1:47:15

Key Issues Discussed

The reports covered three primary topics:

• Fire truck availability – Council members addressed concerns and updates related to the fire department's equipment and operational readiness.

• Food truck permits – Discussion included matters pertaining to the regulation and permitting of food truck operations within the municipality.

• Salt barn controversy – Council members reported on an ongoing issue involving the salt storage facility.

Speakers

Bill Farmer, Shevawn Akers, and Linda Gorton provided the council reports during this agenda item.

Outcome

This agenda item was informational in nature, with council members sharing updates rather than taking formal action on the matters discussed.

Mayor's Report

The Mayor's Report was presented as agenda item VIII during the meeting on August 20, 2013. The report was approved without dissent.

No specific details regarding the content of the Mayor's Report were documented in the meeting record.

Public Comment – Issues Not on Agenda

2:58:23

During this portion of the meeting, residents addressed topics not included on the formal agenda. Two speakers raised concerns about municipal operations and planning procedures.

Key Issues Raised

Lois Mather and Derek Wheeler spoke to the board about the salt barn location and related charter compliance matters. The speakers expressed concerns regarding the neighborhood impact of the proposed salt barn and questioned whether proper legal procedures had been followed in the decision-making process.

Outcome

This agenda item was designated as informational, meaning the comments were received and noted by the board without formal action or resolution during the meeting.

Adjournment

The meeting was adjourned by motion of Vice Mayor Linda Gorton. 0:00