Council Work Session - Virtual Meeting Packet

Summary

Meeting Overview

The Lexington-Fayette Urban County Council held a virtual meeting on September 15, 2020, at 3:00 p.m., presided over by Mayor Linda Gorton. The meeting took place in the Council Chamber and was conducted as a virtual meeting. During the session, the Council addressed 10 agenda items, including approval of meeting summaries, new business matters, and continuing business with presentations. The Council took 21 motions and votes throughout the meeting. Public comment periods were suspended until further notice, though 25 public comments were recorded during the meeting. Key actions included approval of the meeting summary (pages 1-3), approval of new business items (pages 4-19), and approval of continuing business and presentations. The meeting concluded with adjournment.

Attendance

The following individuals were present at the meeting on September 15, 2020:

Linda Gorton, Chris Ford, Charlie Lanter, Joanna Rodes, Craig Bencz, Kristin Chilton, Heather Lyons, Tyler Scott, Kathy Plomin, Steve Kay, Richard Moloney, Chuck Ellinger, James Brown, Bill Farmer, Lisa Higgins-Hord, Fred Brown, Jennifer Reynolds, Bledsoe, Swanson, Maloney, Worley, McCurn, Plowman, Higgins-Hord, Armstrong, Albright, Martin, Atkins, Rodes, Ford, Lanter, Hamilton, Scott, Chilton, Armstrong, Martin, Albright, Stambaugh, Edwards, Hamilton, Brandwee, Schumann, Duggar, Bobel, Booker, Trujillo, Johnson, Conrad, Amber, Lovin, Burton, and Butler.

No absences or late arrivals were recorded.

Votes and Decisions

L0832-20 — Authorization to execute a Purchase of Service Agreement with Bluegrass Area Development District for regional match to state Homecare funds. Motion by Chris Ford, seconded by Stambaugh. Passed unanimously 0:00.

L0847-20 — Authorization to add one additional license under an existing agreement with Benevate Inc., for the use of Neighborly Software. Motion by Charlie Lanter, seconded by Hamilton. Passed unanimously 0:00.

L0852-20 — Authorization to execute an application from the Kentucky Department of Education (KDE) for Preschool Education Services for the Family Care Center. Motion by Joanna Rodes, seconded by Ford. Passed unanimously 0:00.

L0853-20 — Authorization to execute a Purchase of Service Agreement with Stantec Consulting, Inc. for the development of an objective process to guide decisions regarding the future alignment of the Urban Service Boundary. Motion by Craig Bencz, seconded by Atkins. Passed unanimously 0:00.

L0854-20 — Authorization to execute certificates of consideration and other necessary documents, and to accept deeds for property interests needed for the Southeastern Hills Trunk Sewer Project. Motion by Martin, seconded by Albright. Passed unanimously 0:00.

L0855-20 — Authorization to execute certificates of consideration and other necessary documents, and to accept deeds for property interests needed for the New Circle Road Trunks A & B Project. Motion by Marting, seconded by Albright. Passed unanimously 0:00.

L0866-20 — Authorization to establish Zoll as a sole source provider for the Division of Fire and Emergency Services. Motion by Kristin Chilton, seconded by Armstrong. Passed unanimously 0:00.

L0869-20 — Authorization to execute Change Order No. 1 (Final) to the agreement with The Allen Company, Inc., for the Elizabeth Street and Forest Park Site Improvements Project. Motion by Martin, seconded by Albright. Passed unanimously 0:00.

L0878-20 — Authorization to execute a Purchase of Service Agreement (PSA) with the Lyric Theatre to support facility operation and cultural programming. Motion by Heather Lyons, seconded by Scott. Passed unanimously 0:00.

Resolution 0073-26 (Kentucky Transportation Cabinet grants) — Resolution authorizing the Mayor to accept three grants from the Kentucky Transportation Cabinet, Office of Highway Safety. Motion by Bledsoe, seconded by Ellinger. Passed unanimously 0:00.

Resolution 0073-26 (Coronavirus Response Fund) — Resolution authorizing the Mayor to execute a Memorandum of Agreement with the Blue Grass Community Foundation and the United Way of the Bluegrass, Inc., to provide funding for the Coronavirus Response Fund. Motion by Kay, seconded by Plomin. Passed unanimously 0:00.

Resolution 0073-26 (Affordable Housing Market Partnership) — Resolution authorizing the Mayor to execute a purchase of service agreement with the Lexington-Fayette Urban County Housing Authority to provide an Affordable Housing Market Partnership. Motion by Kay, seconded by Reynolds. Passed unanimously 0:00.

Resolution 0073-26 (Housing stabilization agreements) — Resolution authorizing the Mayor to execute 8 purchase of service agreements with housing stabilization partners for rental assistance and relocation services. Motion by Kay, seconded by Reynolds. Passed unanimously 0:00.

Resolution 0073-26 (Hazard mitigation plan) — Resolution accepting the hazard mitigation plan. Motion by Massadi, seconded by Higgins-Hord. Passed unanimously 1:21:06.

Motion to place hazard mitigation plan on September 15, 2020 work session docket — Motion to place on the September 15, 2020 work session docket under first reading a resolution accepting the hazard mitigation plan. Motion by Massadi, seconded by Higgins-Hord. Passed unanimously 1:21:06.

Motion to go into in-person meetings on October 6th — Motion to go into in-person meetings on October 6th in the council chamber. Motion by Maloney, seconded by Ellinger. Failed with 4 ayes and 11 nays 2:01:31. Voting for: Maloney, Farmer, Ellinger, Fred Brown. Voting against: Lamb, Higgins-Hord, Swanson, Bledsoe, Worley, Reynolds, Massadi, Kaye, James Brown, Plowman, McCurn.

Motion to place ordinance on September 24, 2020 docket — Motion to place on the docket for September 24, 2020 council meeting under ordinance, the first reading and ordinance amend in section 2-1411 of the code of ordinances to expand the qualifications of the nine resident members. Motion by James Brown, seconded by McCurn. Passed unanimously 2:17:45.

Motion for quarterly sustainable growth committee update — Motion to place in the planning and public safety committee a quarterly update from the sustainable growth committee. Motion by James Brown, seconded by Plowman. Passed unanimously 2:18:48.

Motion to go into closed session — Motion to go into closed session pursuant to KRS 61.8101C for the purpose of discussing potential litigation. Motion by Kay, seconded by Lamb. Passed unanimously 2:26:09.

Motion to return from closed session — Motion to return from closed session. Motion by Kay, seconded by Lamb. Passed unanimously 2:32:36.

Motion to adjourn — Motion to adjourn. Motion by Lamb, seconded by Lamb. Passed unanimously 2:32:36.

Budget and Financial Actions

The meeting approved the following financial actions:

Service Agreements and Contracts

• Bluegrass Area Development District (L0832-20): $48,610 for a Purchase of Service Agreement to provide regional match to state Homecare funds

• Benevate Inc. (L0847-20): $1,090 to add one additional license under an existing agreement for the use of Neighborly Software

• Stantec Consulting, Inc. (L0853-20): $150,000 Purchase of Service Agreement for the development of an objective process to guide decisions regarding the future alignment of the Urban Service Boundary

• Zoll (L0866-20): $180,294.40 to establish Zoll as a sole source provider for the Division of Fire and Emergency Services

• Lyric Theatre (L0878-20): $127,500 Purchase of Service Agreement to support facility operation and cultural programming

Property and Project Agreements

• Southeastern Hills Trunk Sewer Project (L0854-20): $25,600.00 to authorize certificates of consideration and other necessary documents, and to accept deeds for property interests needed for the project

• New Circle Road Trunks A & B Project (L0855-20): $51,000.00 to authorize certificates of consideration and other necessary documents, and to accept deeds for property interests needed for the project

Project Amendment

• The Allen Company, Inc. (L0869-20): $17,166.49 Change Order No. 1 (Final) to the agreement for the Elizabeth Street and Forest Park Site Improvements Project

The total value of all approved financial actions was $601,660.89.

Public Comment

The council discussion centered on whether to return to in-person meetings, with council members expressing differing perspectives on safety, accessibility, and operational effectiveness.

Support for In-Person Meetings

Councilmember Maloney advocated for returning to in-person meetings on October 6th, citing difficulty reading lips during Zoom meetings due to hearing loss and emphasizing the importance of face-to-face interaction 1:21:39. He reiterated this position later, stating the council should return to serve the community better despite personal challenges 2:00:51.

Councilmember Fred Brown supported in-person meetings, citing the city's reopening and the ability to follow CDC guidelines, arguing the council should not be held back by the same restrictions as the public 1:26:22.

Councilmember Farmer stated that the opportunity to serve the community in person outweighs the risks and that the council should act decisively 1:35:56.

Councilmember Reynolds supported returning to in-person meetings but acknowledged risks and advocated testing a hybrid model first to ensure safety 1:38:18.

Concerns About In-Person Meetings

Councilmember Swanson questioned the logistical feasibility of in-person meetings, noting that masks and social distancing would prevent lip reading and expressing concern about health risks to council members 1:25:17.

Vice Mayor Kay expressed concern about risks to vulnerable council members and suggested testing a hybrid model before returning to in-person meetings 1:29:38.

Councilmember James Brown expressed concern about quarantine risks if a member is exposed and supported testing a hybrid model 1:46:15.

Councilmember Bledsoe noted that new CDC guidance requires masks at all times, even when six feet apart, which would hinder lip reading and make in-person meetings impractical 1:54:44. He also suggested that written public comment submissions could be reviewed in advance 1:51:21.

Preference for Continuing Virtual Meetings

Councilmember Worley supported continuing with virtual meetings, emphasizing sensitivity to colleagues' personal health concerns 1:53:40.

Councilmember Lamb expressed sympathy for Maloney's hearing challenges but supported continuing virtual meetings to avoid risking council members' health 1:56:19.

Councilmember Plowman chose not to support returning to in-person meetings, preferring to continue with Zoom and improving technology to serve all members 1:57:56.

Councilmember Massadi supported pre-registration restrictions for public comment and expressed concern about rising case numbers 1:53:01.

Appointments

Kathy Plomin was appointed to serve as Vice-Chair.

Contested Items

Return to In-Person Meetings

A motion to resume in-person meetings on October 6th became the subject of significant disagreement among council members. The proposal failed with a vote of 4 in favor and 11 against.

The division reflected broader concerns about multiple competing priorities. Supporters of the motion advocated for the need to return to face-to-face interaction, while opponents raised concerns about health risks and the accessibility challenges posed by in-person gatherings. The substantial margin of the vote—with nearly three times as many members voting against the measure—indicates a clear consensus against resuming in-person meetings at that time.

Public Comment - Issues on Agenda – Suspended until further notice

Public comment was suspended for this meeting. In its place, the body held a discussion regarding how to manage public comment procedures in future meetings 22:26.

Key Speakers

The discussion involved Stacey Maynard, Keith, Chris Edwards, and Sally Hamilton.

Discussion Topics

The group explored several approaches for handling public comment going forward, including:

• Pre-registration requirements for public commenters
• Written submissions as an alternative to in-person comment
• Hybrid models combining multiple formats

Outcome

The item was informational in nature, with no formal decision reached. The discussion served to explore options for restructuring public comment procedures in future meetings.

Requested Rezonings/ Docket Approval – No

No requested rezonings or docket approvals were presented during this agenda item. This section of the meeting was informational in nature, indicating that there were no rezoning requests or docket matters requiring approval or discussion at this time.

Approval of Summary – Yes, p. 1-3

The summary of the September 1, 2020 Work Session was presented for approval. 0:00

Key speakers on this agenda item included Kay and McCurn.

The summary was approved without dissent.

Budget Amendments – No

No budget amendments were presented for discussion at this meeting. This agenda item was included on the meeting agenda but did not result in any substantive discussion or action items.

New Business – Yes, p. 4-19

The council discussed and approved several new business items during this agenda section. The discussion involved multiple council members including Plowman, Ellinger, Brown, Bencz, Chilton, Lyons, Martin, Albright, Stambaugh, Ford, Lanter, Rodes, Atkins, and Bledsoe.

The items under consideration included authorizations for purchase of service agreements, grants, and contracts related to various city services and projects. While the specific details of individual items are not provided in the available meeting materials, the council's engagement across the broad range of speakers indicates substantive discussion of the proposals.

Outcome

The council approved the new business items presented in this section.

Continuing Business/ Presentations – Yes

During this agenda item, several presentations were delivered to the body.

Presentations Covered

The following topics were presented:

• Neighborhood development funds
• General Government & Social Services Committee summary
• Public comment recommendations
• Hazard mitigation plan

Key Speakers

The presentations were delivered by Lamb, Gunning, Hughes-Thurston, Brandwee, Schumann, and Stacey Maynard.

Outcome

This item was approved.

Council Reports

Council members provided updates on various reports during this agenda item. 0:00

The General Government & Social Services Committee discussed expanding the adult mental health court and juvenile treatment court. Council members Lamb, Brown, Farmer, and Reynolds participated in these discussions.

This agenda item was informational in nature, with no formal action required. The reports provided updates on ongoing council activities and committee work related to mental health court expansion initiatives.

Mayor's Report – No

No mayor's report was presented during this meeting.

Public Comment - Issues Not on Agenda – Suspended until further notice

Public comment was suspended for the day. In lieu of taking public comments, the meeting included a discussion on how to handle public comment procedures in future meetings 22:26.

Key Speakers

The discussion involved Stacey Maynard, Keith, Chris Edwards, and Sally Hamilton.

Discussion Topics

The group explored several options for managing public comment going forward, including:

• Pre-registration requirements for public commenters
• Written submissions in advance of meetings
• Hybrid models combining in-person and remote participation

Outcome

This item was informational in nature, with no formal decision made during this meeting. The discussion served to explore potential approaches for public comment procedures in future meetings rather than to implement immediate changes.

Adjournment

The meeting was adjourned following a motion to adjourn that passed unanimously. 2:32:36