Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council convened on October 1, 2009, at 7:00 P.M. in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting addressed three agenda items spanning municipal finance, code amendments, and cultural infrastructure. The Council took 3 votes and heard 3 public comments over the course of the session.

Two ordinances were approved during the meeting: one amending budgets for fiscal year 2009 year-end expenses, and another amending Section 5-29 of the Code of Ordinances. A third item — the creation of the Lyric Theatre and Cultural Arts Center Corporation — received its first reading, advancing it through the legislative process without a final vote at this session.

Attendance

The following members were present at the October 1, 2009 Council meeting:

• James
• Lane
• Lawless
• Martin
• McChord
• Myers
• Stinnett
• Blues
• Crosbie
• Ellinger
• Feigel
• Gorton
• Henson

Absent: Beard, Gray

No members were recorded as late.

Votes and Decisions

Three roll call votes were taken during the October 1, 2009 Council meeting.

• Ordinance 198-2009 – Amending Budgets for FY 2009 Year-End Expenses 5:23: Motioned by Stinnett and seconded by Myers, this ordinance passed unanimously, 13–0. All members voted in favor: James, Lane, Lawless, Martin, McChord, Myers, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, and Henson.

• Ordinance 198-2009 – Amending Section 5-29 of the Code of Ordinances 5:23: Also motioned by Stinnett and seconded by Myers, this ordinance passed 11–2. Voting in favor were James, Lane, Lawless, Martin, Stinnett, Blues, Crosbie, Ellinger, Feigel, Gorton, and Henson. McChord and Myers voted against.

• Creating the Lyric Theatre and Cultural Arts Center Corporation 15:58: Motioned by James and seconded by Feigel, this measure failed on a 7–6 vote. Voting in favor were James, Lawless, Martin, Blues, Crosbie, Gorton, and Henson. Voting against were Lane, McChord, Myers, Stinnett, Ellinger, and Feigel.

Budget and Financial Actions

The Council considered four contracts at the October 1, 2009 meeting, covering infrastructure maintenance across multiple city divisions.

• Resolution 596-2009 authorized a contract with Smith Services, Inc. in the amount of $110,160 for switch gear maintenance for the Division of Water Quality.

• Resolution 597-2009 authorized a contract with Strawser Construction, Inc. in the amount of $110,160 for asphalt emulsion slurry seal work for the Division of Streets, Roads and Forestry.

• Resolution 598-2009 authorized a contract with Pavement Technology, Inc. in the amount of $165,000 for asphalt surface maintenance using an asphalt rejuvenating agent.

• Resolution 599-2009 authorized a contract with C & R Asphalt, LLC in the amount of $93,000 for the 2009 Cracksealing Project for the Division of Streets, Roads and Forestry.

Combined, the four contracts total $478,320, with the majority directed toward road and pavement maintenance through the Division of Streets, Roads and Forestry.

Public Comment

Three members of the public addressed the Council during the public comment period.

• Joe Gravis 1:06:11 spoke about delays in the South Limestone project, urging the Council to expedite the process. He expressed concern that continued delays were resulting in business losses and called on the Council to move the project forward more quickly.

• Mr. McCarthy 1:13:02 advocated for the adoption of impact fees on building permits as a mechanism to fund infrastructure improvements. He was critical of current road projects, arguing that they were failing to add meaningful capacity to the transportation network, and suggested that impact fees represented a more effective approach to addressing infrastructure needs.

• Mr. Cobb 1:15:15 addressed the Council on the theme of community unity and leadership. He urged Council members to demonstrate love and respect for all citizens and emphasized the importance of cohesive, principled leadership within the community.

Appointments

The Council took action on the following appointment during the meeting:

• Linda Rumpke was appointed to the role of Commissioner of Finance and Administration.

Contested Items

• Lyric Theatre and Cultural Arts Center Corporation: A motion was brought before the Council to expedite the second reading of an ordinance related to the Lyric Theatre and Cultural Arts Center Corporation. The motion failed as a result of a split vote among Council members, reflecting differing opinions on whether to advance the ordinance on an accelerated timeline. The specific breakdown of the vote and the individual positions of Council members are not detailed in the available data, but the divided outcome indicates that at least some members were not prepared to move the ordinance forward ahead of its standard second reading schedule.

Amending budgets for FY 2009 Year End Expenses

5:23

The Council considered an ordinance to amend the municipal budgets to reflect current requirements for expenditures related to FY 2009 year end expenses.

• Key speakers: Stinnett and Myers participated in the discussion of this item.
• Outcome: The ordinance was approved.

No additional details regarding specific figures debated, concerns raised, or the substance of individual remarks are available in the source material beyond the ordinance's general purpose of aligning budget amendments with FY 2009 year end municipal expenditure requirements.

Amending Section 5-29 of the Code of Ordinances

5:23

The Council took up Agenda Item 3, an ordinance proposing amendments to Section 5-29 of the Code of Ordinances. The ordinance addressed changes to fees for certificates and permits issued by the Division of Building Inspection.

Key speakers on this item were Stinnett and Myers. The discussion centered on the proposed fee changes, though no specific concerns or points of debate are noted in the record beyond the presentation of the ordinance itself.

The Council ultimately approved the ordinance amending Section 5-29.

Creating the Lyric Theatre and Cultural Arts Center Corporation

15:58

The Council took up Agenda Item 18, an ordinance to establish a nonprofit corporation to manage the Lyric Theatre and Cultural Arts Center. The measure was presented at its first reading, meaning no final vote was taken at this meeting.

Key speakers on this item included James and Feigel, who participated in the discussion surrounding the proposed ordinance. The ordinance's central purpose was to create a formal nonprofit corporate structure to oversee the operations of the Lyric Theatre and Cultural Arts Center, a step that would provide the venue with a dedicated governance body.

The item passed its first reading, advancing it in the legislative process for further consideration at a subsequent Council meeting.