Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on November 21, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Gray presiding. The council conducted business on 10 agenda items, taking 9 motions and votes during the session. The meeting included 2 informational presentations and heard 1 public comment.

The council approved six items during the meeting, including the renaming of the Industrial Revenue/Housing Bond Commission, an extension of health insurance coverage, the Bob-O-Link Sewer Project Award, acceptance of bids for golf carts, conditional offers for civil service appointments, and agreements with multiple organizations. Two additional items were presented for informational purposes: a presentation on Nurse Practitioner Week and a presentation on National Midwifery Week. The council also recognized Eliza Waller during the session. One item—repealing the Lexington Distillery District TIF—was tabled and did not receive a final vote.

Attendance

Present: Beard, Clark, Ellinger, Farmer, Gorton, Henson, Kay, Lawless, Massadi, Myers, Scutchfield, and Stinnett

Absent: Ford, Lane, and Akers

Late: None

Votes and Decisions

Ordinance 1206-13 – Repealing sections of Ordinance No. 266-2008 (Lexington Distillery District Development Area TIF) and dissolving the fund. Motion by Akers, seconded by Farmer. Outcome: Tabled 1:30:23. Roll call vote: 6 ayes, 8 nays. Voted for: Beard, Clark, Ford, Kay, Mossotti, Myers, Scutchfield, Stinnett. Voted against: Gorton, Henson, Kay, Lawless, Mossotti, Myers, Scutchfield, Stinnett.

Ordinance 1235-13 – Amending Ordinance No. 203-80 to rename the Industrial Revenue/Housing Bond Commission to the Economic Development Investment Board and expand membership. Motion by Clark, seconded by Ellinger. Outcome: Passed 1:38:33. Roll call vote: 14 ayes, 0 nays. All members voted in favor: Akers, Beard, Clark, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett.

Ordinance 1276-13 – Authorizing extension of health insurance coverage to qualified adults and dependents. Motion by Kay, seconded by Gorton. Outcome: Passed 1:41:44. Roll call vote: 14 ayes, 0 nays. Voted for: Akers, Beard, Clark, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Scutchfield, Stinnett.

Resolution 1200-13 – Accepting bid of MAC Construction & Excavating, Inc. for Bob-O-Link Trunk Sewer Replacement Project. Motion by Myers, seconded by Ellinger. Outcome: Passed 2:29:29. Roll call vote: 7 ayes, 7 nays. Voted for: Beard, Clark, Farmer, Ford, Gorton, Henson, Kay. Voted against: Akers, Ellinger, Mossotti, Myers, Scutchfield, Stinnett. Condition: Project to be rebid with clarified language on unit price mistakes.

Resolution 1177-13 – Accepting bids for golf carts for the Division of Parks and Recreation. Motion by Stinnett, seconded by Beard. Outcome: Passed 2:37:45. Roll call vote: 13 ayes, 0 nays. Voted for: Akers, Beard, Clark, Ellinger, Farmer, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Scutchfield, Stinnett.

Resolution 1258-13 – Authorizing conditional offers for probationary civil service appointments. Motion by Henson, seconded by Scutchfield. Outcome: Passed 2:51:39. Roll call vote: 12 ayes, 0 nays. Voted for: Beard, Clark, Ellinger, Farmer, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Scutchfield, Stinnett.

Resolution 1223-13 – Authorizing agreements with multiple organizations for Office of the Urban County Council. Motion by Henson, seconded by Ellinger. Outcome: Passed 2:55:46. Roll call vote: 12 ayes, 0 nays. Voted for: Clark, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Mossotti, Myers, Stinnett.

Budget and Financial Actions

The meeting approved the following financial actions:

Infrastructure and Construction Projects

• Bob-O-Link Trunk Sewer Replacement Project: $2,607,027 contract with MAC Construction & Excavating, Inc. (Resolution 1200-13)
• Century Hills Trunk Sewer Replacement Program: $1,131,904.45 contract with Todd Johnson Contracting, Inc. (Resolution 1199-13)
• Relocation of utilities for Todds/Liberty Rd. Improvement Project: $1,428,162.34 contract with Ky. Utilities, Windstream Communications, Ky.-American Water Co., Columbia Gas of Ky., and Time Warner Cable (Resolution 1195-13)
• Cardinal Ln. Stormwater Improvements Project change order: $9,094.47 with Walter Martin Excavating, Inc. (Resolution 1150-13)

Agreements and Amendments

• Cost-sharing agreement with Transylvania University for sidewalk reconstruction: $400,000 (Resolution 1174-13)
• Lease agreement for Water Quality Maintenance Operations relocation: $86,592.96 with James R. Kemper (Resolution 1187-13)

Grants and Funding

• Grant from U.S. Department of Justice for State Criminal Alien Assistance Program: $53,662 (Resolution 1137-13)
• National PAL Mentoring Program Grant: $27,500 from National Police Athletic/Activities League, Inc. (Resolution 1201-13)
• Volunteer Income Tax Assistance Program at Gainesway Center: Grant from Internal Revenue Service (Resolution 1184-13)
• EcoART projects funding: $100,000 appropriation to LexArts (Resolution 1221-13)

Services and Operations

• Business Continuity and Recovery Services with International Business Machines Corp.: $84,360 (Resolution 1209-13)
• Facility rental and catering for Police Awards Banquet with Lexington Convention Center and Hyatt Regency (Resolution 1214-13)

Public Comment

2:59:03

Tony, a public service worker, addressed the meeting with concerns about the direction of the Waste Management Department. He referenced a petition that had been signed by 99% of public service workers and drivers, indicating widespread concern among department staff. Tony requested assistance from the meeting body to help improve conditions and operations within the Waste Management Department.

Appointments

The following appointments were ratified:

• Tamoy Carter – Division of Family Services
• Scott Dawson – Division of Police
• Daniel H. Fischer – Division of Parks and Recreation
• Perry White – Division of Waste Management
• Paul Willard – Division of Engineering
• Michael Cravens – Department of Law
• Eric Gentry – Division of Waste Management
• Allen Culver – Division of Police

Contested Items

The November 21, 2013 meeting included two significant areas of disagreement among Council members and between the Council and administration.

Repeal of Lexington Distillery District TIF

The Council engaged in a heated discussion regarding whether to repeal the Tax Increment Financing (TIF) district for the Lexington Distillery District. Stakeholders argued for preserving the TIF, citing private investment already made in the district and the potential for state reimbursement. The administration opposed continuation of the TIF, pointing to the absence of a formal development plan and concerns about compliance with TIF requirements. The debate reflected differing priorities between those emphasizing the economic benefits of existing private investment and those prioritizing adherence to planning and regulatory standards.

Award of Bob-O-Link Sewer Project

A procedural dispute emerged over the Bob-O-Link Sewer Project contract award. The administration had recommended awarding the contract to MAC Construction & Excavating, Inc., but a unit price error was identified in the bid. The Council questioned whether it possessed the authority to overturn the administration's recommendation based on this discrepancy. The dispute centered on the proper procedure for handling bids containing mathematical errors and the respective roles of the Council and administration in contract award decisions. The Council voted to rebid the project rather than proceed with the original award recommendation.

Presentation - Nurse Practitioner Week

2:50

The Mayor and Vice Mayor Gorton presented proclamations during this agenda item recognizing Nurse Practitioner Week and National Midwifery Week. The presentation honored Dr. Susan Stone and Dr. Julie Marfell from Frontier Nursing University for their contributions to nursing education.

Key Speakers: - Mayor Gray - Vice Mayor Gorton - Dr. Susan Stone - Dr. Julie Marfell

Outcome: This was an informational presentation with no debate or concerns raised. The proclamations were presented as a recognition of the honorees' work in nursing education and their role in advancing the nursing profession.

Presentation - National Midwifery Week

2:50

The Mayor and Vice Mayor Gorton presented a proclamation declaring October 7–13, 2013, as National Midwifery Week. The proclamation recognized the important role of midwives in women's health and honored Frontier Nursing University's historical contributions to the field.

Key Speakers

The presentation featured remarks from: - Mayor Gray - Vice Mayor Gorton - Dr. Susan Stone - Dr. Julie Marfell

Outcome

This was an informational presentation with no debate or concerns raised. The proclamation was presented to recognize and celebrate National Midwifery Week and the work of midwifery professionals in the community.

Recognizing Eliza Waller

8:29

Council Member Mossotti introduced Eliza Waller, a high school student who founded the Lexington Catholic Service Club. Waller was recognized for her philanthropy and community service efforts.

During the presentation, Waller was presented with the Henry Clay Ambassador Award in recognition of her contributions to the community through the service club she established.

Key Speakers: - Mayor Gray - Council Member Mossotti - Eliza Waller

Outcome:

This was an informational presentation recognizing Waller's community service achievements and presenting her with the Henry Clay Ambassador Award.

Repealing Lexington Distillery District TIF

1:30:23

The Council discussed ordinance 1206-13 regarding the repeal of the Lexington Distillery District Tax Increment Financing (TIF) district.

Key Arguments for Preservation

Stakeholders including Barry McNeese, Derek Paulsen, Kevin Atkins, and David Barberie advocated for preserving the TIF district. They emphasized the significant private investment that had been made in the district and highlighted the potential for state reimbursement, suggesting that repealing the TIF would be premature given these financial considerations.

Council Action

Council Members Akers and Kay participated in the discussion. A motion to table the repeal was brought before the Council but was defeated, indicating that the body did not support postponing the vote on this matter.

Outcome

The ordinance was placed on file for public inspection. The item was tabled, meaning the Council deferred final action on the repeal at this time.

Renaming Industrial Revenue/Housing Bond Commission

The Council considered an ordinance to rename the Industrial Revenue/Housing Bond Commission to the Economic Development Investment Board 1:38:33. The proposal also included expanding the commission's membership from 9 to 11 members and establishing a new chair position with additional industry representation.

Key speakers on this item included Council Member Clark, Council Member Ellinger, and Derek Paulsen. The discussion centered on the structural changes and expanded scope of the renamed board.

The Council approved the ordinance, which implements the following changes:

• Renaming the Industrial Revenue/Housing Bond Commission to the Economic Development Investment Board
• Expanding membership from 9 to 11 members
• Establishing a new chair position
• Adding industry representation to the board

The outcome was approval of the amendment as presented.

Extending Health Insurance Coverage

The Council considered ordinance 1276-13, which authorizes the extension of health insurance coverage to qualified adults and dependents 1:41:44. The ordinance directs the Chief Administrative Officer to adopt a policy implementing this extension and requires notice to be provided for any future changes to the coverage.

Key speakers during the discussion included Council Member Kay, Council Member Henson, and Sally Hamilton. The ordinance was approved by the Council.

The measure establishes a framework for expanding health insurance eligibility while delegating specific policy implementation details to the Chief Administrative Officer. The requirement for notice regarding future changes ensures that stakeholders will be informed of any modifications to the coverage program.

Bob-O-Link Sewer Project Award

2:29:29

The Council considered a resolution regarding the Bob-O-Link Trunk Sewer Replacement Project. The administration had recommended awarding the project to MAC Construction & Excavating, Inc., but the Council rejected this recommendation.

Key Speakers and Discussion

Ms. Pfister, Mark Leach, Brian Wickens, Council Member Myers, Charlie Martin, and Todd Slatin participated in the discussion of this agenda item.

Outcome

Rather than approving the award to MAC Construction & Excavating, Inc., the Council voted to reject the administration's recommendation and ordered the project to be rebid. The rebid process was to include clarified unit price language to address concerns that had been raised during the deliberation.

The resolution was approved.

Accepting Bids for Golf Carts

The Council considered Resolution 1177-13 regarding the acceptance of bids for golf carts 2:37:45. The resolution sought approval to accept price contracts for golf carts from two vendors for use by the Division of Parks and Recreation.

Council Member Stinnett and Council Member Beard participated in the discussion of this agenda item. The Council voted to approve the acceptance of bids from Cunningham Golf Car Co., Inc. and Dever, Inc. for the golf cart price contracts.

The resolution was approved.

Conditional Offers for Civil Service Appointments

The Council considered Resolution 1258-13 regarding conditional offers for civil service appointments across multiple city departments 2:51:39.

The resolution approved conditional offers for probationary civil service positions including security officers, staff assistants, equipment operators, and community corrections officers. The specific departments and number of positions were included in the resolution materials.

Council Member Henson and Council Member Scutchfield participated in the discussion of this agenda item.

The resolution was approved by the Council.

Agreements with Multiple Organizations

The Urban County Council approved Resolution 1223-13, which authorized agreements with multiple organizations for the Office of the Urban County Council 2:55:46.

The resolution covered agreements with four organizations:

• Robert H. Williams Cultural Center
• One World Films
• Lansdowne Elementary School PTA
• Lansdowne Neighborhood Association

Council Member Henson and Council Member Ellinger participated in the discussion of this agenda item.

The resolution was approved by the Council.