Special Committee of the Whole (COW)

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on October 22, 2013, at 11:30 a.m. in the Council Chambers, with Vice Mayor Gorton presiding. The council considered 17 agenda items and took 23 votes during the session. Nine members of the public provided comments.

The council approved the majority of items on the agenda, including multiple capital projects focused on parks and infrastructure improvements. Approved projects included restoration of a bus shelter and sign at the Gardenside Shopping Center on Alexandria Drive, kitchen floor improvements at the Division of Community Corrections facility, and several trail and park enhancements such as the Legacy Trail, Constitution Park Trail replacement, and Berry Hill Park walking trail. The council also approved funding for ADA improvements at Castlewood Park, expansion of Charles Young Park and Douglas Park, repurposing of a basketball court at Valley Park, a pothole patcher, and restroom facilities at Masters and Station Park. Additional approved items included a Manowar Road traffic improvement design study and bike lane striping and signage work. The Wellington Park Bridge project was also approved.

One item was withdrawn from consideration: the proposal to purchase iPads for Building Inspection, Code Enforcement, Zoning Enforcement, and Engineering departments through the Accela system. The council denied the request for police recruit outfits.

Attendance

The following individuals were present at the meeting on October 22, 2013:

• Beard
• Ellinger
• Henson
• Kay
• Lawless
• Lane
• Massadi
• Myers
• Scutchfield
• Stinnett
• Ford
• Akers
• Clark
• Romero

No members were absent or late.

Votes and Decisions

Fund Balance Allocations

The body assigned $3,082,000 to unassigned fund balance for purchase orders. Motion by Ford, seconded by Ellinger. Roll call vote: 14 ayes, 0 nays. Passed. 1:24:21

The body assigned $1,500,000 unassigned fund balance for budgeted fund balance. Motion by Lawless, seconded by Ford. Roll call vote: 14 ayes, 0 nays. Passed. 1:26:13

The body approved an additional $825,000 for pension contingency fund. Motion by Lawless, seconded by Kaye. Roll call vote: 12 ayes, 1 nay (Clark), 1 abstention. Passed. 1:39:43

Budget Adjustments

The body reduced allocation for bus shelter restoration from $45,000 to $33,500. Motion by Henson, seconded by Ellinger. Roll call vote: 14 ayes, 0 nays. Passed. 2:03:03

The body removed item 11 (pothole patcher) from allocation. Motion by Akers, seconded by Myers. Roll call vote: 11 ayes, 3 nays (Akers, Clark, Romero). Passed. 3:01:11

Item Removals

Multiple items were removed by voice vote: item 57 (sandblast and repaint Woodland Pool) 2:04:08, item 33 (parks infrastructure) 2:04:38, item 32 (parks infrastructure) 2:05:39, item 34 (parks infrastructure) 2:05:39, item 65 (resurfacing 9th District) 2:05:08, item 41 (Medebo Park repair and trail) 2:06:41, item 46 (playground renovation at Woodland Park) 2:07:12, item 49 (playground renovation at Woodland Park) 2:08:21, and item 42 (Affordable Care expert) by Administration 2:10:39.

Capital Projects Approved

The body approved $30,000 to replace Constitution Park Trail (Stinnett/Lane, 14-0) 2:12:49, $250,000 for Manowar Road design study (Stinnett/Lane, 14-0) 2:19:15, $80,510 for bike lane striping and signage (Kay/Ellinger, 14-0) 2:27:37, $100,000 for ADA improvements at Castlewood Park (Kay/Ford, 14-0) 2:28:22, $67,500 for Charles Young Park expansion (Ford/Myers, 14-0) 2:29:28, $80,000 to repurpose basketball court at Valley Park (Henson/Myers, 14-0) 2:32:11, and $250,000 for design and construction of restrooms at Masters and Station Park (Akers/Myers, 12 ayes, 2 nays: Clark, Romero) 2:57:54.

Failed Motion

The body rejected $140,000 for police recruit outfits. Motion by Stinnett, seconded by Akers. Roll call vote: 1 aye (Stinnett), 13 nays. Failed. 2:54:32

Procedural Motion

The body voted to recess and return after work session. Motion by Ford, seconded by Massadi. Roll call vote: 14 ayes, 0 nays. Passed. 3:06:48

Budget and Financial Actions

The meeting included appropriations and contracts for various capital projects and equipment purchases:

Transportation and Infrastructure - Restore bus shelter and sign on Alexandria Drive in Gardenside Shopping Center: $33,500 - Pothole patcher equipment: $325,000 - Manowar Road traffic improvement design study: $250,000 - Bike lane striping and signage throughout the county: $80,510

Parks and Recreation - Design and construction of public restrooms at Masters and Station Park: $250,000 - ADA improvements at Castlewood Park Therapeutic Camp: $100,000 - Charles Young Park expansion: $67,500 - Repurpose basketball court at Valley Park for parking: $80,000 - Constitution Park Trail replacement: $30,000

Public Safety - Police recruit outfits for November class: $140,000

Public Comment

Nine speakers addressed the council on various financial and budgeting matters during the public comment period.

Fund Balance and Audit Timing

Massadi expressed concern about making fund balance decisions before receiving the final audit, urging the council to wait until November to avoid repeating past mistakes 1:31:03. Kay agreed with delaying allocation until after the audit but supported early information sharing to inform planning 1:37:00. Clark asked why fund balance couldn't be added directly to revenue for the next budget cycle to involve council earlier in planning 1:02:14.

Pension Funding

Stinnett questioned the sustainability of annual $3 million pension contributions and urged the council to get actuarial projections before committing funds 1:27:54. Lawless argued that approving the $825,000 pension contingency would help expedite the audit process and avoid delays 1:35:16.

Financial Controls and Reporting

Lane critiqued the city's weak financial control and delayed reporting, comparing it to being lost at sea without a compass 1:48:23. Akers requested a detailed list of all $3.1 million in encumbrances to ensure transparency and accountability 1:19:19. Myers proposed requiring a report on actual project costs to ensure leftover funds are accounted for and reallocated appropriately 1:35:23.

Equity in Funding

Scutchfield noted that some council members had not received funding for their districts and urged the council to provide an opportunity for equitable distribution 2:56:09.

Contested Items

The October 22, 2013 meeting included three significant areas of disagreement among council members.

Timing of Fund Balance Decisions

Council members engaged in a heated discussion about the appropriate timing for fund balance allocations. The central dispute concerned whether the council should proceed with making fund balance decisions before receiving the final audit report. Some members expressed concerns about making financial decisions based on incomplete data, while others advocated for moving forward with the allocations. The debate reflected broader questions about fiscal prudence and the proper sequencing of budget decisions.

Pension Contingency Funding

The council voted on a motion to approve an additional $825,000 for pension contingency funding. The motion passed with a vote of 12-1, indicating substantial but not unanimous support. The single dissenting council member cited the lack of actuarial data as the reason for voting against the allocation. This split vote demonstrated disagreement over whether sufficient information was available to justify the additional pension contingency expenditure.

Use of Asset Forfeiture Funds

A procedural dispute arose regarding the appropriate funding source for police equipment and supplies. Council members debated whether police recruit outfits and bulletproof vests should be funded from asset forfeiture revenues rather than from the fund balance. A motion to amend the budget to reflect this alternative funding approach was introduced but ultimately failed. The disagreement centered on how to allocate existing revenue sources and which funding mechanisms were most appropriate for specific police department expenditures.

Review Projects

8:53

The Council reviewed fund balance allocations, project rankings, and new financial information from the administration. The discussion involved speakers O'Meara, Massadi, Stinnett, Lane, and Kay.

The administration presented updated financial information addressing three key areas:

• GASB 54 reporting changes
• Encumbrances
• Pension contingencies

The Council examined the fund balance allocations and project rankings in light of this new financial data. The agenda item was approved.

Restore bus shelter and sign on Alexandria Drive in Gardenside Shopping Center

Council approved an appropriation to restore the bus shelter and sign on Alexandria Drive in the Gardenside Shopping Center 2:03:03.

The council approved a reduced allocation of $33,500 for this project. The reduction reflected a donation of $6,000 in labor that was contributed by Dixon Electric, which lowered the overall cost of the restoration work.

Key speakers on this item included Henson and Ellinger.

The appropriation was approved by council.

Kitchen floor at Division of Community Corrections (jail)

The Council considered an appropriation for a kitchen floor project at the Division of Community Corrections facility. 2:10

Key speakers on this item included Henson and Lane.

The Council approved $400,000 for the kitchen floor project. The appropriation passed with no opposition.

iPads for Building Inspection, Code Enforcement, Zoning Enforcement, and Engineering

2:10

This agenda item proposed an appropriation of $31,900 for iPads to be used by the Building Inspection, Code Enforcement, Zoning Enforcement, and Engineering departments through the Accela system.

The motion was withdrawn by the sponsor and seconded by the council. No further discussion or debate was recorded regarding this appropriation request.

Outcome: Withdrawn

Legacy Trail

Council approved $600,000 for the Legacy Trail during this agenda item. 2:10

Key speakers Ellinger and Lawless participated in the discussion. An amendment was proposed to redirect distillery bond proceeds toward the project, but this amendment failed. Following the failed amendment, Council proceeded to approve the $600,000 appropriation for the Legacy Trail.

Constitution Park Trail replacement

The council approved an appropriation of $30,000 to replace a trail section at Constitution Park that was damaged during pool construction. 2:12:49

Key speakers on this item included Stinnett and Lane. The council voted to approve the funding for the trail replacement project.

Manowar Road traffic improvement design study

Council approved a $250,000 appropriation to fund a design study for traffic improvements along Manowar Road 2:19:15.

Key speakers on this item included Stinnett and Lane. The council voted to approve the funding for the design study, which will examine potential traffic improvement options for the Manowar Road corridor.

Bike lane striping and signage

The council considered an appropriation for bike lane striping and signage during this agenda item. 2:27:37

Outcome

The council approved $80,510 for bike lane striping and signage across the county.

Key Details

An important clarification was made during discussion: the approved funding applies only to local roads, not county roads or state highways.

Speakers

Kay and Ellinger were the key speakers on this agenda item.

ADA improvements at Castlewood Park

2:28:22

The council considered an appropriation for accessibility improvements at Castlewood Park Therapeutic Camp. Kay and Ford were the key speakers on this agenda item.

The council approved $100,000 in funding to improve accessibility at the facility. The appropriation was approved.

Charles Young Park expansion

The council approved an appropriation of $67,500 for the expansion of Charles Young Park, specifically for the acquisition of one acre of land. 2:29:28

Key speakers on this item included Ford and Myers. The council voted to approve the funding for this park expansion project.

Repurpose basketball court at Valley Park

The council considered an appropriation to repurpose an existing basketball court at Valley Park into parking space. 2:32:11

Key Speakers

Henson and Myers were the primary speakers on this agenda item.

Action Taken

The council approved $80,000 in funding for the repurposing project.

Rationale

The repurposing was driven by neighborhood complaints regarding the basketball court.

Outcome

The appropriation was approved.

Pothole patcher

The council addressed a $325,000 allocation for a pothole patcher during this agenda item 3:01:11. Key speakers on this matter included Hamilton, Akers, and Myers.

The council voted to remove the $325,000 allocation from the current budget. Rather than proceeding with the pothole patcher contract at this time, the council decided to defer this item and address it during the next budget cycle.

The item was approved as presented.

Wellington Park Bridge

The council discussed and approved an appropriation for the Wellington Park Bridge project. 2:39:45

Key speakers in this discussion included Massadi and Mason.

The discussion touched on budget prioritization, with council members weighing the bridge project against other potential expenditures, specifically considering whether resources should be directed toward bulletproof vests or park improvements. This reflected broader questions about how to allocate available funds across different municipal needs.

The council voted to approve the Wellington Park Bridge project.

Berry Hill Park walking trail

Council approved an appropriation of $82,000 to build a walking trail at Berry Hill Park to connect with existing trail systems. 2:41:20

The discussion involved council members Myers and Lawless. The project was approved by the council.

Douglas Park expansion

Council approved an appropriation of $149,050 for the expansion of Douglas Park to enhance safety and community use. 2:42:22

Key speakers on this agenda item included Ford and Myers. The appropriation was approved by Council.

Police recruit outfits

The council considered a $140,000 appropriation for police recruit outfits during this agenda item 2:54:32.

Key speakers Stinnett and Akers participated in the discussion of this allocation request.

The council ultimately rejected the appropriation. Concerns were raised about the proposed use of asset forfeiture funds for this purchase, as well as objections to the budget process that had been followed in presenting this item.

The motion to approve the $140,000 allocation for police recruit outfits was denied.

Masters and Station Park restrooms

2:57:54

Council approved a $250,000 appropriation for the design and construction of public restrooms at Masters and Station Park. The discussion involved council members Akers and Myers.

The appropriation was approved by council.