Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on February 13, 2014, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Gray presiding. The council conducted a full agenda consisting of 12 items, taking 10 motions and votes throughout the session. The meeting included presentations to the council, and members of the public were afforded the opportunity to comment, with 2 public comments heard during the meeting.

The council approved several items during the session, including presentations, minutes from previous meetings, ordinances on second reading, and resolutions on second reading. Additionally, communications from the Mayor were approved. The council also advanced ordinances and resolutions to first reading, allowing for further consideration at a subsequent meeting. Informational items on the agenda included roll call, invocation, communications from the Mayor for information only, and announcements.

Attendance

Present: Henson, Lane, Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Gorton

Absent: Kay, Myers

Late: None

Votes and Decisions

Resolution 0020-14 (First Motion) — Placing the Residential Parking Permit Program for Eldemere Rd. into the Planning and Public Works Committee for further review. Motion by Farmer, seconded by Gorton. Failed 4-9 on roll call vote 1:05:08. Voting in favor: Henson, Lane, Lawless, Mossotti, Akers, Beard, Clarke, Ellinger, Ford. Voting against: Farmer.

Resolution 0020-14 (Second Motion) — Approving the Residential Parking Permit Program for the 1100 block of Eldemere Rd. Motion by Henson, seconded by Ellinger. Passed 12-1 on roll call vote 1:14:41. Voting in favor: Henson, Lane, Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Ford, Gorton. Voting against: Farmer.

Ordinance 0026-14 — Amending Section 22-5(2) of the Code of Ordinances to extend the term of a temporary Administrative Specialist position in the Division of Waste Management. Motion by Gorton, seconded by Clarke. Passed 13-0 on roll call vote 45:34.

Ordinance 0087-14 — Amending certain budgets to reflect current requirements and appropriating/re-appropriating funds (Schedule No. 40). Motion by Gorton, seconded by Clarke. Passed 13-0 on roll call vote 45:34.

Resolution 0011-14 — Approving zoning text amendments to authorize the 'Design Excellence' Program in downtown zones. Motion by Henson, seconded by Ellinger. Passed 13-0 on roll call vote 1:14:41.

Resolution 0026-14 — Authorizing conditional offers for probationary civil service appointments and sworn appointments in multiple departments. Motion by Ford, seconded by Lawless. Passed 12-0 on roll call vote 59:00.

Resolution 0046-14 — Authorizing the Mayor to execute an agreement with Art in Motion, Inc., for the Gardenside Bus Shelter Renovation Project. Motion by Ford, seconded by Lawless. Passed 12-0 on roll call vote 59:00.

Resolution 0120-14 — Authorizing the Mayor and Commissioner of Finance to execute a Master Development Agreement with Bayer Properties, LLC, for the Summit Lexington Development Area TIF Project. Motion by Ford, seconded by Lawless. Passed 11-0 on roll call vote 59:00.

Resolution 0025-14 — Authorizing the Mayor to execute agreements with multiple organizations for the Office of the Urban County Council. Motion by Scutchfield, seconded by Ford. Passed 12-0 on roll call vote 59:00.

Resolution 0014-14 — Approving the Communications from the Mayor, including appointments and reappointments. Motion by Lawless, seconded by Beard. Passed 12-0 on roll call vote 1:31:17.

Budget and Financial Actions

The meeting on February 13, 2014 included approval of multiple financial actions across various county departments and services.

Contracts and Services

Several service contracts were approved, including water treatment for heating and cooling systems with Chem-Aqua, Inc. (Resolution 0031-14) and county street resurfacing with L-M Asphalt Partners, Ltd d.b.a. ATS Construction (Resolution 0060-14). Weather forecasting services for the Division of Streets and Roads were contracted with Telvent dtn for $5,028.00 (Resolution 0364-13). Office supplies for all departments and divisions were contracted with Office Depot, Inc. and Staples Contract and Commercial, Inc. (Resolution 0075-14). Fiber optic cable installation and repair services were approved with Arrow Electric Co. and Davis H. Elliot Construction Co., Inc. (Resolution 0073-14). A business tax analysis of the Revenue Collection system was contracted with Springbrook Software for $24,000 (Resolution 0097-14).

Capital Projects and Equipment

Arch and column replacement at the Community Corrections entrance was contracted with E.C. Matthews, Inc. for $78,305.00 (Resolution 0066-14). Desktop computer equipment leasing from Dell Financial Services, LLC totaled $89,186.40 (Resolution 0046-14). The Division of Parks and Recreation was approved to purchase an aquatic climbing wall from Pyramie USA, Inc. for $26,055 (Resolution 0083-14). A Tracer ES browser-based software upgrade was purchased from Harshaw Trane for $26,640 (Resolution 0089-14). The Division of Police was approved to purchase Gladiator V Bone Conduction Headsets from Atlantic Signal, LLC (Resolution 0106-14). Emergency medical equipment purchases included Lucas II Chest Compression devices from Physio Control, Inc. for $20,363.20 (Resolution 0069-14).

Grants and Funding

The county accepted an $80,000 grant from the Bluegrass Community Foundation for a Local Food Coordinator position (Resolution 0062-14). Additional federal funds of $28,000 were accepted from the Kentucky Transportation Cabinet for the Polo Club Boulevard Design Phase (Resolution 0079-14). Grant applications totaling $245,000 were submitted to the Kentucky Transportation Cabinet for Traffic Safety, Speed Enforcement, and Distracted Driving Projects (Resolution 0107-14). A $10,500 grant was accepted from the Kentucky Education Fund for Handicapped Children for therapeutic recreation activities (Resolution 0109-14). Loan funds of $13,674,302 were approved from the Kentucky Infrastructure Authority for Trunk Sewer Replacement and Wet Weather Equalization Tank Projects (Resolution 0114-14).

Contract Amendments

Several contract modifications were approved, including a $3,749.46 increase for Phoenix Park maintenance improvements with Lexington Library and Harmony HB, LLC (Resolution 0053-14), a $20,000 decrease for emergency generator connections with T.E.M. Group, Inc. (Resolution 0056-14), and a $38,031.61 increase for Tates Creek Road sidewalk improvements with Bluegrass Contracting Corp. (Resolution 0057-14). Design services for the Rose Street Widening Project bike lanes were modified for $6,500 with Hall-Harmon Engineers, Inc. (Resolution 0094-14).

Public Comment

Two members of the public addressed the council during this meeting.

Municipal ISP and Telecom Franchise Agreement

Roy Cornett spoke at 19:56 regarding the potential creation of a municipal Internet Service Provider. Cornett urged the council to explore this option, pointing to Chattanooga's success as a model. He also referenced Little Glasgow, Kentucky as a precedent for municipal ISP development. Cornett expressed concern that the current monopoly held by Time Warner could negatively impact citizens, particularly low-income residents who lack affordable broadband alternatives.

Residential Parking Permit Program on Stratford Drive

Steve Angelucci spoke at 23:14 about the proposed Residential Parking Permit Program on Stratford Drive. Angelucci raised concerns that the program would severely impact Lexington Catholic School by eliminating off-site parking options. He requested a more transparent public process for the program's development and referred the issue to the Planning and Public Works Committee for further consideration.

Appointments

The following appointments and reappointments were made:

Airport Board * Elizabeth Woodward — appointed

Bluegrass Crimestoppers, Inc. * Cathy D. Taylor — appointed * Gregory D. Beard — reappointed * Crystal N. Newton — reappointed * Jason S. Thomas — reappointed * John A. Wagner — reappointed * Joseph M. Wilson — reappointed

Commission for Citizens with Disabilities * Laura A. Thomas — appointed

Downtown Development Authority Board of Directors * Thomas W. Harris — reappointed

Keep Lexington Beautiful Commission * Thad W. Scott — appointed * Peggy Henson — reappointed * Angela Poe — reappointed

Social Services Advisory Board * Soreyda B. Begley — appointed

Contested Items

Residential Parking Permit Program for Eldemere Rd.

A motion to refer the resolution regarding a residential parking permit program for Eldemere Rd. to the Planning and Public Works Committee failed by a vote of 4-9. Council Member Lawless opposed the referral, arguing that the process had progressed too far to warrant a delay. Other council members supported the need for additional public process before moving forward. The failed referral meant the matter did not receive the committee review that some members believed was necessary.

Zoning Amendments for Design Excellence Program

The proposed zoning amendments for the Design Excellence Program generated heated discussion during the meeting. Council Member Lawless raised specific concerns about parking reductions in B2A zones that abut residential areas. Lawless requested that a map be provided and that a separate vote be held on this particular aspect of the amendments. However, the motion to grant these requests was not approved, and the amendments proceeded without the additional scrutiny or separate voting procedure that Lawless had sought.

Roll Call

8:01

Mayor Gray conducted a roll call at the beginning of the meeting. All council members were present except for Kay and Myers, who were absent. Following the roll call confirmation, the meeting was officially opened.

Invocation

Rev. Laurie Brock offered the invocation for the meeting 8:33. In her remarks, Rev. Brock expressed gratitude for the community and offered prayer for guidance in serving the least in the community.

Presentations

The Acoustikats performed during this agenda item, which began at approximately 00:10:08 in the meeting.

Mayor Gray and Jeremy Michael Lewis were the key speakers during this presentation segment.

The Acoustikats were recognized with a proclamation declaring February as Acoustikats Month in Lexington. Additionally, the group received an invitation to perform at a concert at the Worsham Theater.

The outcome of this agenda item was approved.

Minutes of the Previous Meetings

The minutes from the January 30, 2014 meeting were presented for approval 41:45. Key speakers on this agenda item included Gorton and Akers.

The minutes were approved by unanimous vote with no objections raised.

Ordinances – Second Reading

45:34

Two ordinances received second reading and approval during this agenda item.

The first ordinance extended a temporary position in Waste Management. The second ordinance amended budgets to reflect current expenditures.

Key speakers on this item included Gorton and Clarke. Both ordinances were approved.

Ordinances – First Reading

Six ordinances were introduced for first reading during this agenda item 47:47. The ordinances addressed changes to parking fines, signage regulations, and personnel positions.

Clark presented the ordinances to the body. Following the first reading, the ordinances were scheduled for public inspection on February 20, 2014, allowing the public an opportunity to review the proposed changes before further action.

The outcome of this agenda item was the completion of the first reading process for all six ordinances, with the measures moving forward in the legislative process.

Resolutions – Second Reading

1:14:41

During the second reading of resolutions, the council approved multiple items spanning operational contracts and personnel matters.

Resolutions Approved

The resolutions addressed several categories of municipal business:

• Water treatment contracts
• Street resurfacing agreements
• Office supplies procurement
• Lease agreements
• Ratification of civil service appointments

Key Speakers

The discussion involved council members Henson, Ellinger, Ford, and Lawless.

Outcome

All resolutions presented during second reading were approved.

Resolutions – First Reading

1:25:05

Several resolutions were introduced for first reading during this portion of the meeting. The resolutions addressed contracts and authorizations across multiple areas of municipal operations, including security infrastructure, emergency systems, and software services.

The resolutions presented included:

• Contracts for security cameras
• Emergency sirens
• Software maintenance agreements
• Authorizations for grants
• Equipment purchases

Key speakers participating in the discussion of these resolutions were Beard, Scutchfield, Clark, and Farmer.

The resolutions were presented for first reading, which is the initial formal introduction of proposed measures before the body. This procedural step allows for review and discussion prior to any votes on final passage.

Communications From the Mayor

1:31:17

The council reviewed and approved the mayor's recommendations for appointments and reappointments to various boards and commissions. Key speakers on this item included Lawless and Beard.

The mayor's recommendations included positions on the Airport Board and Bluegrass Crimestoppers, among other boards and commissions. The council voted to approve these appointments and reappointments as recommended.

Communications From the Mayor (For Information Only)

1:31:17

The council received informational communications regarding personnel changes within county government. Lawless presented information on resignations and terminations affecting multiple county departments.

The personnel actions involved staff from the following divisions:

• Division of Enterprise Solutions
• Division of Facilities and Fleet Management
• Police Department
• Fire and Emergency Services

This agenda item was designated for information only, meaning no action or vote was required from the council. The communication served to formally notify council members of the staffing changes across these county agencies.

Announcements

Council Member Lawless brought an important safety matter to the public's attention during the announcements portion of the meeting 1:34:04. He warned residents about a potentially hazardous GE light bulb that had caught fire in his own home. Lawless urged the public to check their light fixtures for similar bulbs and to take appropriate precautions.

This announcement was informational in nature, serving as a public safety alert rather than a matter requiring formal council action or debate.

Public Comments

Two members of the public provided comments during this agenda item.

Roy Cornett addressed the council regarding the potential for a municipal Internet Service Provider (ISP).

Steve Angelucci spoke about the impact of a residential parking permit program on a local school.

The public comment period was informational in nature, with no formal action taken on the matters raised. 19:56