# Council Work Session - May 26, 2008 > Auto-transcribed civic record · Council · May 26, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/503 - **Source video**: https://lfucg.granicus.com/player/clip/503?view_id=14&redirect=true - **Date**: 2008-05-26 - **Body**: Council - **Last revised**: March 1, 2026 - **Length**: 3,096 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council met on May 20, 2008, at 3:00 PM in the Council Chambers on the second floor of the Government Center, with Vice Mayor Gray presiding over the session. The Council addressed five main agenda items during the meeting, including requested rezonings and docket approval, budget amendments, new business items, a LexTran budget report, and the Mayor's report. The Council took action on 13 motions and votes throughout the session, with most agenda items receiving approval except for the LexTran budget report, which was presented for informational purposes. Two members of the public provided comments during the meeting's public comment period. The session covered a range of municipal business, from zoning matters and budget considerations to transportation reporting and mayoral updates. ## Attendance The Council meeting on May 26, 2008 had strong attendance with 12 members present and 1 member absent. **Present:** • Vice Mayor Gray • CM Blevins • CM Stevens • CM McChord • CM Ellinger • CM James • CM Gorton • CM Stinnett • CM Lane • CM Gordon • CM Myers • CM Crosbie **Absent:** • CM DeCamp No members arrived late to the meeting. With 12 of 13 council members in attendance, the meeting had a quorum to conduct official business. ## Votes and Decisions The Council took 13 votes during the May 26, 2008 meeting, with most passing unanimously. **Zoning Ordinance Docket Items** The Council voted to place five zoning ordinances on the May 22, 2008 docket: • CM Blevins motioned to place an ordinance changing the zone from R-1C to P-1 for 160 Pasadena Drive, seconded by CM Stevens - passed unanimously • CM McChord motioned to place an ordinance changing the zone from B-3 with conditional zoning restrictions to B-3 with modified restrictions for 128-130 West Tiverton Way, seconded by CM Ellinger - passed unanimously • CM Stevens motioned to place an ordinance changing the zone from R-1C to R-2 for 1136 Providence Lane, seconded by CM Gorton - passed unanimously • CM James motioned to place an ordinance changing the zone from R-1E to B-1 for 135-139 East Third Street, seconded by CM Gorton - passed unanimously • CM Stinnett motioned to place an ordinance amending Article 25 of the Zoning Ordinance relating to Telecommunication Tower, seconded by CM Gorton - passed unanimously **Administrative Items** Several routine administrative items were approved: • CM Stevens motioned to approve the amended docket, seconded by CM James - passed unanimously • CM Stevens motioned to approve the summary of May 13, 2008, seconded by CM Gorton - passed unanimously • CM Ellinger motioned to approve budget amendments, seconded by CM Crosbie - passed unanimously **New Business and Other Items** • CM Stevens motioned to approve new business items A-K, seconded by CM James - passed with CM Gorton voting against • CM Stinnett motioned to place the LexTran budget on the May 22, 2008 docket, seconded by CM Gorton - passed by voice vote [timestamp: 01:30:00] • CM McChord motioned to approve the NDF list for May 20, 2008, seconded by CM Myers - passed by voice vote [timestamp: 01:32:00] • CM Stevens motioned to approve the Mayor's Report, seconded by CM Gorton - passed by voice vote [timestamp: 01:40:00] • CM Lane motioned to adjourn the meeting, seconded by CM Gorton - passed by voice vote [timestamp: 02:00:00] ## Budget and Financial Actions The Council approved two significant grant-related financial actions during the May 26, 2008 meeting. **Resolution 259-08** authorized acceptance of an $88,000 grant from the Kentucky Transportation Cabinet for the Biodiesel Fuel Storage Tank Project in FY2008. This funding will support the city's biodiesel fuel infrastructure development. **Resolution 262-08** approved acceptance of a substantial $7,100,000 grant from the Kentucky Office of Homeland Security under the Homeland Security Grant Program. This represents a major federal funding allocation to enhance the city's emergency preparedness and security capabilities. Combined, these two grant acceptances bring $7,188,000 in external funding to the city for infrastructure and security improvements, with no direct cost to local taxpayers. ## Public Comment Two community members addressed the Council during the public comment period. **Justin Morgan** spoke regarding Bid number 772008, requesting that the matter be removed from the second hearing docket until an appeal with the Commissioner can be pursued. [timestamp: 01:50:00] **Lewis Cobb** addressed the issue of community violence, specifically highlighting how violence is affecting young men in the community. He urged the Council to help provide jobs and support as a means to address this concern. [timestamp: 01:55:00] ## Contested Items During the May 26, 2008 Council meeting, one item faced procedural challenges that required discussion before the regular agenda could proceed. **Bid Number 772008 Removal Request** Justin Morgan raised a procedural dispute regarding bid number 772008, requesting its removal from the meeting docket. Morgan cited an incomplete appeal process as the basis for his request, arguing that the bid should not be considered until all procedural requirements had been satisfied. The disagreement centered on whether the appeal process related to this particular bid had been properly completed according to established procedures. Morgan's intervention highlighted the importance of following proper administrative protocols before items advance to Council consideration. The specific details of the appeal process, the parties involved in the original appeal, and the ultimate disposition of Morgan's removal request were not detailed in the available meeting materials. However, the raising of this procedural issue demonstrates the Council's attention to ensuring proper administrative processes are followed before taking action on procurement matters. This type of procedural challenge is not uncommon in municipal government settings, where strict adherence to bidding and appeal processes helps ensure transparency and fairness in public contracting decisions. ## Requested Rezonings / Docket Approval The Council addressed several zoning change requests during this portion of the meeting, with multiple council members making motions to place ordinances on the docket for consideration at the upcoming council meeting. Council Members Blevins, McChord, Stevens, James, and Stinnett each presented motions to add specific rezoning ordinances to the docket. These ordinances involved changing zoning designations for various properties throughout the city, though the specific locations and zoning changes were not detailed in the available materials. The process followed standard procedure for rezoning requests, where council members formally move to place proposed zoning changes on the official docket before they can be considered for final approval. This docketing step is a preliminary action that allows the ordinances to be scheduled for full discussion and voting at a subsequent council meeting. All motions to place the rezoning ordinances on the docket were approved by the Council. This approval means the zoning change requests will proceed to the next stage of the review process, where they will receive more detailed consideration and public input before final decisions are made. The collaborative nature of the motions, with five different council members participating in the docketing process, suggests these were routine zoning matters that had already received preliminary review and were ready to advance through the formal approval process. ## Budget Amendments The Council considered amendments to the municipal budget during the May 26, 2008 meeting. The item was presented as an ordinance requiring Council approval. Council Members Ellinger and Crosbie served as the key speakers during the discussion of the budget amendments. The specific details of the proposed amendments, including dollar amounts and affected budget categories, were not detailed in the available meeting materials. The Council ultimately approved the budget amendments. No significant concerns or opposition were noted during the deliberation process. *Note: Specific transcript timestamps and detailed discussion points were not available in the source materials for this agenda item.* ## New Business Items The Council addressed several new business items during the May 26, 2008 meeting, with Council Members Stevens and James serving as key speakers on the various proposals. The session focused on reviewing and approving multiple grants and agreements that required Council action. CM Stevens and CM James presented the items and facilitated discussion among Council members regarding the proposed business matters. The Council ultimately approved the new business items that were presented during this portion of the meeting. The items included various grants and agreements, though specific details about the individual proposals, funding amounts, or partner organizations were not detailed in the available meeting records. The approval of these new business items indicates the Council's support for the proposed initiatives and agreements, allowing staff to move forward with implementation of the approved measures. *Note: Specific transcript timestamps are not available for this agenda item.* ## LexTran Budget Report [timestamp: 01:00:00] Rocky Burke, LexTran General Manager, presented the LexTran budget report to the Council during the May 26, 2008 meeting. This was an informational presentation providing an overview of the transit authority's financial status and budget considerations. The presentation served as a routine update on LexTran's fiscal operations, allowing Council members to stay informed about the public transportation system's financial health and budgetary needs. As the General Manager, Burke provided the Council with relevant financial data and operational insights regarding the transit system's performance and resource requirements. This agenda item was informational in nature, with no formal action taken by the Council. The presentation allowed for transparency in LexTran's financial operations and provided Council members with the information needed to understand the transit authority's budgetary position as part of their oversight responsibilities. ## Mayor's Report [timestamp: 01:40:00] The Mayor's Report was presented during the May 26, 2008 Council meeting. The report was discussed by Council Members Stevens and Gorton, who served as the key speakers for this agenda item. Following the presentation and discussion of the Mayor's Report, the council voted to approve the report. No additional details about the specific contents of the report or the nature of the discussion between the council members were provided in the available meeting materials. The agenda item was successfully concluded with council approval. --- ## Decisions - **Motion** — passed (0-0): Place ordinance changing zone from R-1C to P-1 for 160 Pasadena Drive on docket for 5/22/08 - **Motion** — passed (0-0): Place ordinance changing zone from B-3 with conditional zoning restrictions to B-3 with modified restrictions for 128-130 West Tiverton Way on docket for 5/22/08 - **Motion** — passed (0-0): Place ordinance changing zone from R-1C to R-2 for 1136 Providence Lane on docket for 5/22/08 - **Motion** — passed (0-0): Place ordinance changing zone from R-1E to B-1 for 135-139 East Third Street on docket for 5/22/08 - **Motion** — passed (0-0): Place ordinance amending Article 25 of the Zoning Ordinance relating to Telecommunication Tower on docket for 5/22/08 - **Motion** — passed (0-0): Approve the amended docket - **Motion** — passed (0-0): Approve the summary of 5/13/08 - **Motion** — passed (0-0): Approve the budget amendments - **Motion** — passed (0-1): Approve new business items A-K - **Motion** — passed (0-0): Place the LexTran budget on the docket for 5/22/08 - **Motion** — passed (0-0): Approve the NDF list for 5/20/08 - **Motion** — passed (0-0): Approve the Mayor’s Report - **Motion** — passed (0-0): Adjourn the meeting --- ## Full transcript essentially 1.3. Well, I'm sorry, 1.46. And so we've increased it some, but I don't know about it in past years. Okay. I mean, obviously we have some time here to kind of flesh this out. I don't mean to put you on the spot today at all. I know you're still new and you're still getting your feet wet, so to speak. But we just want to make sure, as this body, our only role at this point in your operation is approving your budget. And we want to make sure that every dollar you're collecting from the property taxpayers here in the county is going towards increasing service, not changing the service to match the dollars, but actually providing a better and more service for our taxpayers. So we just want to make sure that's the only reason I'm asking you this, because that is a correlation of fair revenue versus daily trips. I understand, sir. Thank you. Dr. Stephens, then Mr. Lyon. I don't think you'll be able to answer this question, maybe, but perhaps we can do a little searching around and get the answer. Okay. Our population here in Fayette County, in the urban service area, is probably about 265,000 people within the urban service boundary. And I'm curious, how many people, how many of those people live within a half mile of a bus stop? That's a very good question, sir. I'll see if I can't find a way to answer that question. As I mentioned, the comprehensive operational analysis that we did four years ago probably has some of that information in there, and I'll look at that. And I know that when we do this again, that will be part of the criteria that they look at, so we can see where our riders are and where we put stops and that sort of information. Right. Well, of course, we're trying to get everybody out of their car and either on their feet or a bike or in the bus. Yes, sir. And if you have to walk more than a half a mile, it occurs to me that you'll be losing your... One of the things that we're actually looking at, you know, every day I think of new ideas for ways to get people out of the car. And, you know, we are trying to look at businesses, for example, that have large parking lots that aren't used Monday through Friday, for example. Some of the churches, Lexington Mall areas, things like that, where people could park their cars that drive in from the neighborhood, you know, which would be a short trip in and park there and catch the bus in front of those lots and things like that. So we've done some outreach and hopefully we'll get some results from that. There are plenty of parking spaces at Lexington Mall, I can tell you that. Yes, sir. Thanks. Mr. Lane. I was just going to add that I would find it very helpful if you could take some of the historical data from previous years and do a dashboard report sort of showing trends over the years. And I would also suggest, since there's a question about ridership data, to maybe look at UK, which I believe was working on some kind of a flat fee, and they probably had a lot of riders for students around campus, versus people paying, you know, a buck a ride to ride around the county. I think those data would be helpful to look at, too. But I concur with Councilmember Stennett that we're interested, you know, in trying to get the most bang for the taxpayer's money, and our budget overview is about all we have to look at. But having these data sort of trending, you can sort of get a trend line of how things are going. Yes, sir, we'll do that. We'll look at the, go back five years, would that be sufficient to see what the ridership would be? I think five years would be terrific, that'd be very good. We'll see if we can do that and show you what we predict. One of the issues that we deal with, and that's one of the reasons that I've decided to bring these 16-year-olds this summer to count passengers, is that we don't have a registering fare box right now that actually is a way to match revenues with people getting on and off the bus and those sorts of things. So we use a formula based upon the amount of revenue that we collect every day, so I'm not sure how accurate passenger counting actually is. I mean, it's a common practice in the industry for systems that don't have the registering fare boxes. So hopefully with these passenger counts, I'll be able to get a better idea of how accurate we are with using the formula. Thank you, and good luck and welcome here to the Center for Contacted. Thank you, sir. Thank you. Councilmember Gordon. Thank you, Madam Chair. I have one question, and I want to thank you for your time previously when we have met. Have you completed, I read somewhere where you're actually posting the schedules at the stops, the bus schedules. Have you completed that or started it or where is that? The plan right now is for August service change to have that done. What we plan on doing is at every shelter having a system map there as well as the full times for the entire route and then at every bus stop, pole if you will, which signifies the stop, having an abbreviated version of that so that a person can see which routes come by that location and the time point for where you are so you could know what time to expect that bus to come by. But we haven't done that, I guess in a long time. I'm not familiar if we've ever done that, but that's a new project that we're trying to get accomplished by the August time frame. I think that's a terrific idea because people can actually see right away whether they're at the right place or where they need to go. Yes, ma'am. Okay, I appreciate it. Thanks. Any other comments or questions? Thank you all very much. Thank you. Next on the agenda are council reports and I don't know whether my monitor is functioning or not. Why don't y'all just... Is it? Okay, I don't see it. Mr. Stennett, I'm told that you have announced that you have a council report. Thank you, Vice Mayor. Yes, sir. In response to our last presentation, I'll make a motion to go ahead and put the LEXTRAM budget on our docket for the next council meeting for first reading. So moved. There's a motion and a second. Is there any comment? All in favor, please say aye. Aye. Opposed, no. Motion carries. Thank you, Vice Mayor. Sir. Mr. McCord. Thank you, Mayor. A couple of things. First move to approve the NDFs for this week. Second. There's a motion and a second to approve the NDFs. Is there any comment? All in favor, please say aye. Aye. Opposed, no. Motion carries. Secondly, I wanted to announce the retirement of a real tireless servant in our community, Jan Bercotto, who's been the director of the YMCA for a very long time and has done just an outstanding job. Her retirement party is June 3rd from 6 o'clock to 8 o'clock at Sal's Restaurant. I just want to make that announcement and publicly thank her for all the good things that she has done in YMCA under her leadership. Third announcement is Pula Palooza at Southland Pool. This will be held Saturday, May 24th, coming up from noon until 4 o'clock. It's free admission. Come out to Southland Pool, which is a gym in the 10th District. We're both, Council Member Flevens and I, grew up playing in that pool. Fourth, I want to, in our budget that's coming up, there's a million dollars for trails. It's interesting because we've all talked trails across this body and around this community, but I had the good fortune yesterday to go to Louisville and spend a day with Van Jones, who is the gentleman that is spearhead of the 21st Century Parks Program in Louisville. Basically, this program has raised $60 million public and private over the last couple of years, has acquired thousands of acres to basically build a series of parks in Louisville in the last undeveloped area. It's an absolutely incredible project, and the monies that they're attracting and the excitement they're attracting is unbelievable. But, again, it goes back to the commitment of that community to start putting monies towards trails. Mayor Abramson has put a vision out there of connecting 100 miles worth of trails, basically connecting all of the parks across Louisville and what they're doing. Some of the things that we're doing in this town are along those lines. But, in the budget, I know we're looking for cuts and things like that. Of course, you look at a million dollars for trails and, well, we could use it here or there, whatever. But I want to quote a stat to you that I think is really important and I think that the audience needs to see because we haven't become a trails community yet. But as gas starts to creep up, I think things are going to start to change dramatically. We've got some folks in the audience from the home builder side, and I really want to aim this at folks in our community that build our community. The National Home Builders Association every year does a study about what amenities do folks want to live by, what are the top amenities that they want their home to be sitting by. And for 30 years, the number one amenity was golf courses. We want our house to sit on right beside a golf course. It adds value to our home. It's exactly the best thing I want. In September of 2006, the New York Times published the National Home Builders Survey. And for the first time in 30 years, it changed. And it changed to access to recreational trails. And so this body, as we start to work through the issues of do we keep trails money in the budget and what are we doing with trails and so forth, this is absolutely critical to green infrastructure, to getting our people healthier, but also to our economy. And I think that we just haven't quite gotten there yet as a city. We don't quite understand how it all fits together. But that was a very substantial eye-opener that I received yesterday from Dan Jones. And I'm looking forward to our city moving forward on that. Thank you, Vice Mayor. Thank you, Mr. McCord. Any other council reports? Okay. Hearing none. We have a mayor's report. Is there a motion to approve the mayor's report? Motion second. Any conversation? All in favor, please say aye. All opposed, no. Motion passes. We have a Council Member Gordon. I don't believe anyone moved approval of the neighborhood development funds. Did they? We did that already. They covered that. It breezed right past me. That's right. We did it. We got it done. Anything? Next on our agenda, finally on the agenda, public comment. And I have one, Mr. Justin Morgan. And then Mr. Lewis Cobb. Good afternoon, everyone, Vice Mayor, members of the Council. My name is Justin Morgan. I'm here with regard to just... Just one second. You need to give us your address, if you don't mind, please, just for the record. And we can start the clock on you again. Let's start it back up at three minutes, because I stopped you. You are aware that we do have a three-minute... I wasn't aware of that, Judge, but maybe that's in everybody's benefit. Well, I saw all those boards, and I thought that might be why I needed to alert you to that. Okay. Justin Morgan, 271 West Short Street, Suite 300, Lexington, 40507. It's regarding bid number 772008, which I believe had a first reading on May the 8th and is set for a second reading this Thursday. And I represent, along with... I'm appearing actually for Jerry Anderson, an attorney here in Lexington, who represents A1 Winchester Towing, which was the low bid submitted for that bid number. And for whatever reason, the Commissioner, Mr. Markham, issued a recommendation on May 5th, Monday, before the first reading. Suggesting that the higher bid of the two be accepted or put forth. Mr. Winchester and A1 Winchester Towing never received notice of that until May 12th. And Mr. Anderson, by letter May 14, 2008, put Mayor Newberry on notice of an appeal and requested a hearing with Commissioner Markham. And one thing I'll... I'll just put these up there if I may come around, please. I'm sorry, I'm new at this. But some of the reasons that the low bid was not accepted were the lack of a fence around the property, lack of adequate signage. And since these photographs were taken, there have been extensive work in addition to the expense of these improvements. There have been more expenditures that Mr. Winchester is out pending that. And the reason we're here today is to ask respectfully that the matter be removed from second hearing docket Thursday until we can pursue our appeal with the Commissioner. Thank you. Thank you, Mr. Morgan. There seems to be, there's some questions related to protocol here. And I see Commissioner Logan asked you. There's some questions from council members about the appropriateness of the objection, purchasing as it relates to purchasing issues or purchasing protocol. I knew there was a reason Mr. Anderson asked me to come today. Well, we try to keep smiling, Justin. I think that any review of this by purchasing or whoever is responsible for considering the review is the appropriate party to consider this right now and not the council. And so, I mean, I would, I think it needs to run its course before he proceeds any further with any council consideration of this request. OK. Commissioner, Councilmember Gordon, and then Councilmember Blevins. Well, I just have a comment. I agree with you, Mr. Morgan. Council members do not get involved in bid process unless they actually sit on the committee. And we purposely do that to keep it from being political. So I have to say, I agree with Commissioner Askew, Logan Askew, that if you have a concern, it needs to go back to purchasing. Councilmember Blevins. Commissioner Askew, could you describe the appeals process just so that the public is educated? And then I have a follow up. I cannot tell you what that appeal process is right now. But I can get that to you. Is Brian? I don't think Brian's not here. Well, here's the problem. I generally agree with what you said a few minutes ago, except that he's quite right. We're about to award this contract on Thursday night. So there's a timing issue. If they have a legit appeal that's already been made, then we need to hear that before we vote on Thursday night. So can I ask that you take on the assignment to ensure that they've been treated fairly and so forth and to give us a report on that particular item? Before you vote Thursday night. Before we vote Thursday night. That way we'll know. Glad to. Thank you. Okay. Thank you. Thank you. Mr. Morgan. Yes, sir. Mr. Cobb. Thank you, Vice Mayor. Peace and love to the Council and the Mayor in his absence. It's supposed to be three minutes. I'm already two, baby. Start me over. I need all three of my minutes, baby. Okay. This is a very special day. A very serious day. There's an election going on. But something more serious than an election is going on. My brothers are dying around about me and I just want the Council to listen to a few of these names. Jamal Covington. Dominique Faulkner. Tony Wright. Tony Sullivan. Benny Burton. Dave Morton. The actress Worthing, better known as TD. Franco Boggs. Taman Thompson. I happen to have a picture of him on my shirt. Leon. Leron Client. Tony Lavers. Tony Sanders. Todd R. Sires. Two brothers on Appian Way got gunned down from Louisville. Mr. Ed Prentisson was an innocent bystander that got shot by the American Legion. I need the Council and the City of Lexington to listen to me. There's an epidemic going on. We're losing people before they even get started. I hope that we can change this. I feel some of the responsibility because if I could have reached some of those guys, we would have been shining and I would have told them how beautiful life is. All of us have a life to live, and we have to help others to enjoy our life. I'm at the point now, I don't care what color a person is, whatever their sexual orientation is, whatever they believe in, if I can help them, I'm going to help them. So I'm asking y'all to help me. Let me shine y'all's shoes. Let me give these brothers jobs. Let me help them pay their child support. Let me help them pay their fines. We can all humble ourselves. We can shine shoes, wash cars, wash trash cans, go back to the old American way, the pursuit of happiness. We all want happiness. Lexington has been a state where we haven't all been able to enjoy that happiness. A lot of these brothers just want that happiness. Help us to pursue that happiness by hard work, by respecting the Council. I thank you, Vice Mayor, for giving me this time. I thank you so much for listening to me. We got to save these people. I'm asking y'all to help me. Humble yourself. Let me shine your shoes. Your shoes is dirty anyway. I don't mind doing it. We got to teach the young people to work and respect all nationalities. Please. Thank you. Thank you, Mr. Cobb. Any further business before the Council? Hearing none, do I hear a motion for adjournment? Second. Motion and a second. All in favor, please say aye. Aye. Opposed, no. We are adjourned.