Urban County Council Work Session

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on December 9, 2014, at 3:00 p.m. in the Council Chamber on the 2nd Floor of the Government Center, with Mayor Gray presiding. The council addressed 11 agenda items during the meeting, including public comments, rezoning requests, budget matters, and committee summaries. The body took 23 motions and votes and heard 8 public comments from members of the community. Key actions included approving requested rezonings and docket items, budget amendments, neighborhood development funds for December 9, 2014, and the mayor's report. The council also received informational presentations on summaries from the Environmental Quality Committee and Budget & Finance Committee meetings held on November 18, 2014, as well as council reports.

Attendance

The following individuals were present at the meeting on December 9, 2014:

• Farmer
• Ellinger
• Stinnett
• Gorton
• Henson
• Kay
• Scutchfield
• Mossotti
• Beard
• Myers
• Lane
• Clarke
• Ford
• Akers

No members were recorded as absent or late.

Votes and Decisions

All votes at the December 9, 2014 meeting passed unanimously with no abstentions.

Docket and Agenda Items 7:10

The Council approved the docket for the December 4, 2014 Council meeting (motion by Farmer, second by Ellinger). The Council also unanimously placed several items on the docket:

• A resolution amending resolution 641-2014 to remove ZKB Services, LLC as an accepted provider of snow removal services (motion by Stinnett, second by Henson)
• An ordinance amending Section 1 of Ordinance No. 137-2014 to make the Budget, Finance & Economic Development Committee a standing committee and add a Planning and Public Safety Committee meeting on December 8 (motion by Gorton, second by Ellinger)
• A resolution extending the term of employment for core staff members through December 31, 2018 unless extended by majority vote (motion by Gorton, second by Farmer)
• A resolution awarding a non-exclusive cable franchise to Insight Kentucky Partners II, L.L.P. d/b/a Time Warner Cable, authorizing a settlement agreement with Insight, and consent to transfers of control with Charter Communications and Comcast (motion by Gorton, second by Henson)
• A resolution accepting a $17,530 donation from Friends for Skateparks for the Berry Hill Skatepark, a $3,500 Neighborhood Development allocation, and a change order increasing the contract with Dreamland Skateparks, LLC by $21,030 (motion by Myers, second by Ellinger)
• A resolution authorizing the installation of Multi-way Stop Controls at Albany Road and Heather Way (motion by Beard, second by Myers)

Administrative Approvals [timestamp: 00:07:40 - 00:10:25]

The Council approved the November 18, 2014 summary (motion by Myers, second by Henson) and budget amendments (motion by Gorton, second by Henson). Additional approvals included neighborhood development funds (motion by Gorton, second by Scutchfield), the annual review of electrical inspection fee structure (motion by Farmer, second by Gorton), and a text amendment combining alternate 2 and alternate 4 for the Planning Commission (motion by Farmer, second by Gorton).

Budget and Financial Decisions 10:25

The Council approved $253,000 from fund balance for the YMCA (motion by Gorton, second by Mossotti) and approved expenditures of fund balance dollars from pages 88, 89, and 90 (motion by Gorton, second by Lane) and pages 91, 92, and 93 (motion by Gorton, second by Henson). The Council forwarded budget expenditures placed into the FY16 budget to the Mayor for consideration (motion by Gorton, second by Farmer).

Other Actions [timestamp: 00:09:23 - 00:23:45]

The Council amended the synopsis of item B under new business to reflect a $1,500 donation of a refrigerator from Pieratt's to the Division of Family Services (motion by Gorton, second by Henson), canceled the General Government committee meeting scheduled for December 9, 2014 (motion by Kay, second by Gorton), removed the appointment of Council Member Steve Kaye from the mayor's report (motion by Kaye, second by Farmer), approved the mayor's report (motion by Gorton, second by Beard), and adjourned the meeting (motion by Gorton, second by Myers).

Budget and Financial Actions

The meeting included fifteen budget amendments involving transfers and adjustments across multiple funds:

Parks and Recreation and Environmental Services - Transfer of $9,000.00 from Parks and Recreation to Environmental Services for right of way mowing (Journal 82513)

General Services Fund - Transfer of $206,149.00 in energy improvement funds from General Services Fund to General Services Capital Fund for purchase of downtown Granville street lights (Journal 82520) - Recognition of the $206,149.00 transfer for Granville street lights (Journal 82521) - Decrease of $190,772.71 in funds for Energy Improvement projects previously transferred to General Fund Capital Fund (Journal 82648) - Provision of $12,832.00 for energy improvements in building repairs by decreasing professional services funds (Journal 82509)

Urban Services Fund - Transfer of $2,930.00 in energy improvement funds from Urban Services Fund to Urban Services Construction Fund for Granville street lights (Journal 82517) - Recognition of the $2,930.00 transfer for Granville street lights (Journal 82518)

Equipment and Supplies - Provision of $12,209.04 for equipment by decreasing Desktops and Laptops budget to purchase a new kettle (Journal 82511)

Detention Center and Grants - Amendment of $125,000.00 to the Energy Savings Performance Contract budget for Detention Center to provide for expected expenditures (Journal 82508) - Amendment of $9,822.73 to Arrest Policies 2012 budget to reflect actual expenditures for the grant (Journal 82593)

Sanitary Sewer Fund - Transfer of $6,230.00 in energy improvement funds from Sanitary Sewer Fund to Sewer Construction Fund for better financial tracking (Journal 82505) - Recognition of the $6,230.00 transfer (Journal 82506)

Landfill Fund - Transfer of $3,170.00 in energy improvement budget from Landfill Fund to Landfill Construction Fund for better financial tracking (Journal 82514) - Recognition of the $3,170.00 transfer (Journal 82515)

Other Actions - Recognition of $1,141.18 repayment from Tiffany and Company for failure to create jobs as per agreement (Journal 82599-00)

Public Comment

Several speakers addressed the council during this meeting, raising concerns about a proposed ordinance and other city matters.

Publication Delivery Ordinance

Kiff Skidmore spoke in opposition to a proposed ordinance that would prohibit delivery of certain publications except in designated areas 2:10. Skidmore cited First Amendment concerns and noted that the Lexington Herald-Leader already has an opt-out provision for its Community News publication.

Council Member Farmer questioned how the newspaper representative obtained a confidential memorandum about the proposed ordinance and emphasized that the issue was not on the agenda or part of any committee structure 5:05.

Vice Mayor Gorton requested that the opt-out number for the Lexington Herald-Leader's Community News publication be published on GTV3 and received confirmation of the number as 231-3354 5:36.

Council Member Stinnett stated that the council would address the issue in January, noting that constituents had raised concerns about public safety and stormwater damage, and emphasized the need for public debate 6:38.

Other Remarks

Vice Mayor Gorton expressed gratitude to the council and staff for their dedication, acknowledging the productive nature of work sessions and thanking the presiding officer for his leadership 16:03.

Council Member Stinnett expressed appreciation for Council Members Ellinger, Myers, Gordon, Clark, and Beard, highlighting their professionalism and long-standing service to the council 18:16.

Council Member Ford announced the groundbreaking for Lex Tran's new headquarters, noting the relocation and the departure of General Manager Rocky Burke to Sarasota 18:48.

Council Member Henson shared that a cleanup of overgrowth around Safety City was organized with city employees and contractors to improve safety and appearance for visitors 20:31.

Appointments

Steve Kaye resigned from various boards.

Contested Items

Proposed Ordinance on Publication Delivery

A proposed ordinance restricting publication delivery generated community opposition during the meeting. A member of the public raised constitutional concerns about the measure, citing First Amendment rights protections. The commenter noted that existing opt-out provisions were already available, questioning the necessity of the ordinance.

The discussion extended beyond the ordinance itself to include concerns about agenda legitimacy and information leaks related to the proposal. These procedural and transparency issues became part of the broader debate surrounding the item.

The contested nature of this item reflected disagreement over both the substantive merits of the publication delivery restrictions and the process by which the ordinance was being considered.

Public Comment - Issues on Agenda

2:10

Kiff Skidmore of the Lexington Herald-Leader provided public comment regarding a proposed ordinance on publication delivery. Skidmore raised First Amendment concerns about the ordinance.

Council members Farmer, Gorton, and Stinnett responded to the comment. During the exchange, council members questioned the agenda status of the matter and sought clarification regarding the source of the information Skidmore had referenced.

The discussion remained informational in nature, with no formal action taken on the matter during this agenda item.

Requested Rezonings/Docket Approval

7:10

Multiple motions were made and unanimously passed to approve the docket for the December 4, 2014 Council meeting. The approved items included amendments to snow removal contracts, staff employment extensions, cable franchise agreements, and skatepark funding.

Key speakers on this agenda item included Farmer, Stinnett, Gorton, Myers, and Beard.

The outcome of all motions was approval.

Approval of Summary

The November 18, 2014 summary was presented for approval 7:40. Myers moved to approve the summary, and Henson seconded the motion. The summary was approved without dissent.

Budget Amendments

A motion to approve budget amendments was brought before the meeting at approximately 00:08:21. Gorton made the motion, which was seconded by Henson.

The motion to approve the budget amendments passed unanimously.

New Business

A motion to approve new business was presented at the meeting. Farmer made the motion, which was seconded by Kay. The motion passed unanimously 8:51.

December 9, 2014 Neighborhood Development Funds

10:25

A presentation of neighborhood development fund allocations was made during this agenda item. The funds were distributed to multiple organizations, including:

• Southland Association
• Bryan Station High School Alumni Association
• YMCA
• Additional organizations (specific names not detailed in available materials)

Key Speakers

Gorton and Scutchfield participated in this agenda item.

Outcome

The motion to approve the neighborhood development fund allocations was passed unanimously.

Summary: Environmental Quality Committee, November 18, 2014

10:25

Council Member Stinnett presented a summary of the Environmental Quality Committee meeting held on November 18, 2014. The presentation was informational in nature and covered three main topics.

Topics Covered:

• Distillery District updates – Progress and developments related to the Distillery District project
• Empower Lexington's annual report – Review of the organization's annual activities and accomplishments
• Monthly financials – Financial reports for the committee's oversight period

The presentation provided the council with an overview of the Environmental Quality Committee's recent activities and the status of key initiatives under its purview. No specific concerns or debate items were noted during this informational presentation.

Summary: Budget & Finance Committee, November 18, 2014

13:13

Council Member Ellinger presented a summary of the Budget & Finance Committee meeting held on November 18, 2014. The presentation covered three main areas of financial activity and oversight.

Audit Findings

The presentation included audit findings from the committee's review of municipal finances.

Monthly Financials

Council Member Ellinger reported on the monthly financial statements, providing an update on the city's financial position and performance.

Professional Services Increases

The committee also reviewed and discussed increases to professional services costs, examining the reasons for and implications of these expenditures.

Outcome

This agenda item was presented for informational purposes, allowing the full council to be apprised of the Budget & Finance Committee's work and findings from their November 18 meeting.

Council Reports

16:03

During this agenda item, council members delivered personal remarks and community updates.

Speakers and Remarks

Council members Gorton, Stinnett, Ford, and Henson each provided remarks to their colleagues and the public.

Community Events and Updates

Council members highlighted several community activities and initiatives:

• The Lex Tran groundbreaking was noted as a significant community event
• A Safety City cleanup was discussed as an ongoing community effort

Nature of Discussion

The remarks included expressions of appreciation among council members for their colleagues' work and contributions.

Outcome

This agenda item was informational in nature, with no formal action or debate recorded. The council reports provided an opportunity for members to share updates on community events and recognize one another's efforts.

Mayor's Report

During the Mayor's Report section of the meeting, a motion was brought forward to remove Council Member Steve Kaye's appointment from the mayor's report. 22:14

Council Member Kaye made the motion to remove his appointment, which was seconded by Farmer. The motion passed unanimously.

Public Comment - Issues Not on Agenda

23:15

No public comments were submitted for issues not on the agenda.