Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council held a meeting on September 11, 2014, at 6:00 p.m. in the Council Chambers located at 200 E. Main St, Lexington, KY 40507, with Mayor Gray presiding. The council addressed 18 agenda items during the session, taking 18 motions and votes while hearing 1 public comment. The meeting included a presentation recognizing Joshua Davis and covered a broad range of municipal business spanning housing, zoning, personnel matters, and community development initiatives.

The council approved the majority of items on the agenda, including the creation of an Affordable Housing Governing Board and Fund and a Homelessness Prevention and Intervention Board and Fund, along with authorization for annual funding for both initiatives. Additional approvals included an ad valorem tax on abandoned urban property, a zoning change from B-1 to B-6P for a Leestown Road property, and measures related to ADA-compliant ramps in required yards. The council also approved several personnel-related matters, including reorganizations in Fleet Operations and Vehicle Technician positions and transitions for a Public Service Worker to Vehicle and Equipment Mechanic and a Life Skills Instructor to Social Worker.

The council approved budget amendments for municipal expenditures, repealed the alcohol sale ban on election day, and ratified civil service appointments and demotions. Development and grant-related approvals included the Turfland Town Center Development Agreement, conditional offers for probationary appointments, a flood mitigation grant application, and neighborhood development grants. One item—a Security Officer to Administrative Officer transition—was tabled and did not receive approval at this meeting.

Attendance

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

Absent: Myers and Gorton

Late: None

Votes and Decisions

Ordinance 0815-14: Approval of the Affordable Housing Fund and the Homelessness Prevention and Intervention Board 15:51 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor: Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, Kay, and Lane.

Ordinance 0816-14: Approval of the Homelessness Prevention and Intervention Board and the Innovative and Sustainable Solutions to Homelessness Fund 15:51 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0817-14: Authorization of annual funding for the Affordable Housing Fund ($2M) and the Homelessness Fund ($750K) 15:51 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0819-14: Authorization of $14,550,000 in Industrial Building Revenue Bonds for Transylvania University 17:03 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0818-14: Amendment to levy an additional $1 per $100 of assessed valuation on abandoned urban property 25:11 Motion by Ellinger, seconded by Ford. Passed 11-2 on roll call vote. Voting in favor: Lawless, Mossotti, Stinnett, Akers, Beard, Clarke, Ellinger, Farmer, Ford, Henson, and Kay. Voting against: Scutchfield and Lane.

Ordinance 0824-14: Zoning change from B-1 to B-6P for property at 1590, 1600, 1610 Leestown Rd. 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0825-14: Amendment to permit ADA-compliant ramps in required yards of any zone 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0837-14: Abolishing Fleet Operations Supervisor and Staff Assistant Sr., creating Fleet Operations Manager and Vehicle & Equipment Technician 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0838-14: Abolishing Security Officer, creating Administrative Officer in Facilities and Fleet Management 20:42 Motion by Farmer, seconded by Henson. Tabled on roll call vote with 7 ayes and 6 nays. Referred to General Government Committee. Voting in favor: Mossotti, Akers, Clarke. Voting against: Lawless, Scutchfield, Stinnett, Beard, Ellinger, Farmer, Ford, Henson, Kay, Lane.

Ordinance 0841-14: Abolishing Life Skills Program Instructor, creating Social Worker in Family Services 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0847-14: Abolishing Public Service Worker Sr., creating Vehicle and Equipment Mechanic in Parks and Recreation 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0909-14: Amending budgets to reflect current municipal expenditures 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0915-14: Repealing prohibition on alcohol sales during election day polls 25:11 Motion by Ellinger, seconded by Ford. Passed 13-0 on roll call vote. All members voted in favor.

Ordinance 0900-14: Approving Amended and Restated Local Participation Agreement and Master Development Agreement for Turfland Town Center 34:53 Motion by Ford, seconded by Ellinger. Passed 13-0 on roll call vote. All members voted in favor.

Resolution 0895-14: Ratifying probationary and permanent civil service appointments and voluntary demotion 42:00 Motion by Beard, seconded by Clarke. Passed 13-0 on roll call vote. All members voted in favor.

Resolution 0945-14: Authorizing conditional offers for multiple probationary civil service appointments 52:08 Motion by Henson, seconded by Ford. Passed 12-0 on roll call vote. Voting in favor: Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Farmer, Ford, Henson, Kay, and Lane.

Resolution 0865-14: Authorizing grant application for Flood Mitigation Assistance Program 52:39 Motion by Stinnett, seconded by Ford. Passed 12-0 on roll call vote. Voting in favor: Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Farmer, Ford, Henson, Kay, and Lane.

Resolution 0865-14: Authorizing agreements with multiple neighborhood organizations for Office of the Urban County Council 52:08 Motion by Henson, seconded by Lawless. Passed 12-0 on roll call vote. Voting in favor: Lawless, Mossotti, Scutchfield, Stinnett, Akers, Beard, Clarke, Farmer, Ford, Henson, Kay, and Lane.

Budget and Financial Actions

The meeting included approval of multiple contracts, grants, and a bond issue for various municipal services and projects.

Contracts with Specified Amounts:

• Resolution 0887-14: HVAC improvements for police evidence storage with Green Box Heating and Air for $19,100
• Resolution 0794-14: Stormwater education and outreach workshops with UK Arboretum for $32,000
• Resolution 0865-14: Testing rooms for police sergeant and lieutenant assessments with NorthEast Christian Church for $1,800
• Resolution 0910-14: Implementation of new occupational tax system with SDG Blue LLC for $131,250

Grants Approved:

• Resolution 0860-14: $3,000,000 from Kentucky Department of Military Affairs, Division of Emergency Management for renovation of Public Safety Operations Center
• Resolution 0861-14: $4,000 from Kentucky Division of Waste Management for waste tire disposal and recycling
• Resolution 0869-14: $871,537.50 from Federal Emergency Management Agency for flood mitigation and property acquisition
• Resolution 0865-14: $8,450 in neighborhood development funds to multiple neighborhood organizations

Bond Issue:

• Resolution 0910-14: $45,000,000 in sewer system revenue refunding bonds for investors

Contracts with No Specified Amount:

The meeting also approved several service contracts listed at $0:

• Resolution 0836-14: Police motorcycles with Man O'War Harley Davidson
• Resolutions 0855-14, 0856-14, 0857-14: Custodial services for Streets and Roads, Downtown Arts Center, and Emergency Management/911 with Saffire Cleaning Service, LLC
• Resolution 0862-14: Crack sealing services with C & R Asphalt, LLC
• Resolution 0863-14: Leaf machine services with Municipal Equipment, Inc.
• Resolution 0864-14: Tire retreading services with S & S Truck Tire Center
• Resolution 0868-14: Heavy-duty truck repairs with Lexington Truck Sales, Inc.; Kron International, Inc.; Clarke Power Services, Inc.; Lexington Auto Spring Co.; and Worldwide Equipment

Public Comment

Bernard McCarthy addressed the meeting at approximately 57:10 to discuss affordable housing and employment policy.

McCarthy advocated for prioritizing subsidies for home ownership over rental assistance. He criticized the current incentives being offered for business relocation, arguing that the existing approach was not optimal.

McCarthy emphasized the importance of supporting job readiness programs and full-time employment opportunities for unemployed residents, stressing that these initiatives should be central to the city's economic development strategy.

Appointments

The following personnel actions were taken:

Honored: - Joshua Davis, Citizen

Appointed: - Eric Wheeler, Public Service Supervisor - Kikoko Lusiwe, Custodial Worker - Lauren Blanchard, Administrative Specialist - Mary Alcius, Child Care Program Aide P/T - Daniel Estes, Public Service Supervisor - Christopher Cummins, Environmental Inspector - James Duncan, Skilled Trades Worker Sr. - Amanda Sweeney, Payroll Analyst - Mark Feibes, Municipal Engineer Sr. - Larry Lewis, Environmental Initiatives Specialist - Sandra Jordan, Staff Assistant Sr.

Demoted: - Kevin Hale, Telecommunicator - David Fender, Public Service Supervisor

Contested Items

Two items generated significant disagreement during this meeting.

Ad Valorem Tax on Abandoned Property

Council Member Scutchfield opposed a proposed tax increase on abandoned property, arguing that the measure would discourage investment in abandoned properties. Despite this opposition, the proposal passed with an 11-2 vote in favor.

Security Officer to Administrative Officer Transition

Council Member Farmer requested additional time for discussion regarding an ordinance to transition a security officer position to an administrative officer role. In response to this request, the council voted 7-6 to table the ordinance, sending it to committee for further review rather than proceeding to a final vote at that time.

Presentation: Recognizing Joshua Davis

5:43

The Mayor recognized Joshua Davis for his assistance to a police officer during a struggle. The Mayor read a proclamation declaring September 11, 2014, as Joshua Davis Day in recognition of his actions.

Key Speakers: - Mayor Gray - Assistant Chief Holman - Officer Wallace - Joshua Davis

Presentation:

The Mayor presented a proclamation honoring Joshua Davis for his heroic assistance during an incident involving a police officer. Assistant Chief Holman and Officer Wallace also spoke to express their appreciation for Davis's actions and courage during the struggle.

Outcome:

The recognition was approved.

Creating Affordable Housing Governing Board and Fund

The council discussed and approved ordinance 0815-14, which established both an Affordable Housing Fund and an Affordable Housing Governing Board 12:37.

Key Speakers and Support

Adam Jones and Council Member Kay were among the key speakers who addressed this agenda item. Community advocates and council members expressed support for the initiative, emphasizing the critical need for both structural and financial support to address affordable housing challenges.

Outcome

The ordinance was approved by the council.

Creating Homelessness Prevention and Intervention Board and Fund

Council approved ordinance 0816-14, which established the Homelessness Prevention and Intervention Board and the Innovative and Sustainable Solutions to Homelessness Fund 12:37.

The ordinance emphasizes long-term community impact in addressing homelessness through the creation of two complementary entities. The Board will oversee strategic direction and policy recommendations, while the Fund will provide financial resources for prevention and intervention initiatives.

Council Member Kay participated in the discussion of this agenda item. The Council voted to approve the ordinance, moving forward with the establishment of both the Board and the Fund as proposed.

Authorizing Annual Funding for Affordable and Homelessness Funds

12:37

The Council considered Ordinance 0817-14, which authorized annual funding allocations for affordable housing and homelessness initiatives. Council Member Kay was the key speaker on this agenda item.

The ordinance approved the following funding amounts, effective for Fiscal Year 2016:

• $2 million for the Affordable Housing Fund
• $750,000 for the Homelessness Fund

The Council voted to approve this ordinance.

Ad Valorem Tax on Abandoned Urban Property

The council considered ordinance 0818-14, a proposed ad valorem tax on abandoned urban property. 25:11

Debate and Concerns

Council Member Scutchfield expressed opposition to the proposed tax increase, raising concerns that the measure could discourage investment in abandoned properties.

Outcome

The ordinance passed with 11 ayes and 2 nays, moving forward despite the dissenting votes.

Zoning Change from B-1 to B-6P for Leestown Road Property

Identifier: 0824-14

Type: Ordinance

Council approved a zoning change from B-1 to B-6P for a property on Leestown Road in Council District 2. The zoning change permits development of a planned shopping center, with a Kroger as the primary anchor tenant.

25:11

Outcome: Approved

ADA-Compliant Ramps in Required Yards

Identifier: 0825-14

Type: Ordinance Amendment

Outcome: Approved

The Council considered an amendment to permit handicap-accessible ramps in required front, side, or rear yards 25:11. The amendment aligns with Americans with Disabilities Act (ADA) goals by allowing property owners to install accessible ramps in yard areas that are otherwise subject to setback and dimensional requirements.

The ordinance modification enables residents and property owners to make necessary accessibility improvements without being restricted by existing yard regulations. This change removes barriers that previously prevented compliant ADA ramp installation in required yards, thereby improving accessibility for individuals with mobility disabilities.

The Council approved the amendment.

Fleet Operations and Vehicle Technician Reorganization

Agenda Item: 0837-14

Type: Ordinance

Council approved a reorganization of positions within Facilities and Fleet Management during this meeting 25:11. The proposal involved the abolition of two existing positions and the creation of two new roles designed to improve operational efficiency.

Outcome: The ordinance was approved by Council.

Details:

The reorganization restructured staffing within the Fleet Operations and Vehicle Technician functions. Rather than maintaining the previous position structure, the department eliminated two positions and established two new roles in their place. This change was intended to enhance how the department operates and manages its fleet and maintenance functions.

No additional details regarding specific position titles, salary impacts, or the rationale for the particular restructuring were provided in the available meeting materials.

Security Officer to Administrative Officer Transition

Identifier: 0838-14

Type: Ordinance

Council considered an ordinance regarding the transition from a Security Officer role to a new Administrative Officer position 20:42. The discussion involved Council Member Farmer and Mr. Geoff Reed as key speakers.

The council debated the creation of the new Administrative Officer role during this meeting. Rather than approving the ordinance, the council voted to table the item and refer it to the General Government Committee for further review and consideration.

Outcome: Tabled

Public Service Worker to Vehicle and Equipment Mechanic Transition

Identifier: 0847-14

Type: Ordinance

Outcome: Approved

Council approved the reorganization of positions in Parks and Recreation to better align with operational needs. This ordinance addressed the transition of a public service worker role to a vehicle and equipment mechanic position. 25:11

The reorganization was designed to improve the department's operational efficiency by realigning existing positions to match current service requirements. No specific concerns or debate points were documented during the discussion of this agenda item.

Life Skills Instructor to Social Worker Transition

25:11

The council considered ordinance 0841-14, which proposed abolishing a Life Skills Program Instructor position and creating a Social Worker role within Family Services.

The council approved this transition. No specific discussion points, concerns, or debate details were recorded in the available meeting materials.

Budget Amendments for Municipal Expenditures

Agenda Item: 0909-14

The council considered budget amendments for municipal expenditures designed to reflect current municipal needs and reallocate funds accordingly. 25:11

The council approved the proposed budget adjustments. No additional details regarding specific speakers, presentations, debates, or concerns raised during this discussion are available in the meeting record.

Repealing Alcohol Sale Ban on Election Day

The council considered ordinance 0915-14, which proposed repealing the prohibition on alcohol sales during election day polls. 25:11

The council approved the repeal, making the change effective immediately. This action removes the existing ban that had prevented alcohol sales while polling places were open on election days.

Turfland Town Center Development Agreement

The Council considered and approved the Amended and Restated Local Participation Agreement and Master Development Agreement for the Turfland Town Center Project 34:53.

Action Taken

The Council approved both agreements and authorized the Mayor to execute related documents necessary to move the project forward.

Outcome

The item was approved.

Ratifying Civil Service Appointments and Demotions

42:00

The Council ratified multiple civil service appointments and demotions during this agenda item. The resolution addressed probationary appointments, permanent appointments, unclassified positions, and one voluntary demotion.

The Council approved the ratification of these personnel actions, which was the stated outcome of the agenda item.

Conditional Offers for Probationary Appointments

Council approved conditional offers for multiple probationary civil service appointments across various departments. 52:08

Council Member Henson presented this resolution to the council. The measure authorized conditional offers for probationary appointments within the civil service system, allowing the organization to extend employment offers to qualified candidates pending completion of standard probationary periods.

The resolution was approved by council.

Flood Mitigation Grant Application

Council approved the submission of a grant application for flood mitigation and property acquisition along Eastland Park Tributary 52:39.

Council Member Stinnett presented this resolution (0865-14) to the council. The grant application focuses on flood mitigation efforts and the acquisition of properties in the Eastland Park Tributary area.

The council voted to approve the submission of this grant application, moving forward with the proposed flood mitigation and property acquisition project.

Neighborhood Development Grants

Council approved Resolution 0865-14 regarding Neighborhood Development Grants 52:08. The resolution authorized agreements with multiple neighborhood organizations to provide funding for community development initiatives.

Council Member Henson was the key speaker on this agenda item. The council voted to approve the funding agreements, which were designed to support various neighborhood-based community development projects across the jurisdiction.

The resolution passed with approval.