Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on July 6, 2010, at 6:00 P.M. in Lexington, Kentucky, with Mayor Newberry presiding. The meeting addressed three agenda items, two of which were approved and one of which was tabled. The Council approved an ordinance amending Section 16-90(b) and 16-90(e), as well as an ordinance amending Subsection 12-1(b) PM-106.4.1, while a resolution related to the Distillery District Public Improvements Program was tabled for further consideration. Over the course of the meeting, three votes were taken and one public comment was heard. No presentations were recorded for this session.

Attendance

Present (12): Gorton, Gray, Henson, James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, and Ellinger.

Absent (3): Feigel, Lawless, and Crosbie.

Late: None.

Votes and Decisions

Three roll call votes were taken during the July 6, 2010 Council meeting.

• Approval of ordinances entitled to second reading 5:03: Motioned by Stinnett, seconded by Myers. The motion passed 10–2. Voting in favor: Gorton, Gray, Henson, Lane, McChord, Myers, Stinnett, Beard, Blues, and Ellinger. Voting against: James and Martin.

• Approval of resolutions entitled to second reading 19:24: Motioned by Myers, seconded by Blues. The motion passed 11–1. Voting in favor: Gorton, Henson, James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, and Ellinger. Voting against: Gray.

• Approval of resolutions entitled to first reading 34:56: Motioned by Ellinger, seconded by Martin. The motion passed unanimously 12–0. Voting in favor: Gorton, Gray, Henson, James, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, and Ellinger. No members voted against.

Budget and Financial Actions

The Council approved several contracts and purchases at the July 6, 2010 meeting, spanning public works, environmental compliance, parks, and community services.

Contracts Approved:

• Architectural Graphics, Inc. was awarded a contract worth $383,918 for a Wayfinding Sign System for the Department of Public Works and Development.

• Frantz, Inc. received a contract for $33,400 to replace the HVAC Cooling Tower at the Kearney Hills Golf Course Clubhouse.

• Northeast Industrial Mfg., Inc./Norcan was awarded a contract for $9,990 for the purchase of recycling dumpsters for parks.

• Tetra Tech, Inc. was approved for an Annual Program Management Services Agreement related to the EPA Consent Decree, valued at $1,766,000.

• Hazen and Sawyer, P.S.C. received a contract worth $2,000,000 for Sanitary Sewer System Assessment Final Reports and Remedial Measures Plans, also connected to EPA Consent Decree obligations.

• Purchase of Service Agreements for various community services were approved totaling $1,946,350. No specific vendor or recipient was identified in the record.

Purchases Approved:

• IPS Balers, Inc. was approved for a purchase of $33,233.20 to reline the baler at the Materials Recovery Facility.

The largest single expenditures were the two sewer- and EPA-related contracts — $2,000,000 to Hazen and Sawyer, P.S.C. and $1,766,000 to Tetra Tech, Inc. — reflecting ongoing obligations under the EPA Consent Decree. No resolution numbers were included in the available records for these items.

Public Comment

During the public comment period of the July 6, 2010 Council meeting, one individual, Mr. Leach, was scheduled to address the Council. 36:27 However, when called upon, Mr. Leach declined to speak and did not offer any remarks.

No other members of the public addressed the Council during this portion of the meeting.

Appointments

The Council made appointments and reappointments to several boards and commissions during the July 6, 2010 meeting.

Airport Board - Doris Benson and Larry Deener were appointed.

Board of Adjustment - Peter Brown and Barry A. Stumbo were both reappointed.

Explorium Board of Directors The Council appointed nine members to the Explorium Board of Directors: - Josh Ackerman - Kyle Lake - Jackie Long - Monica Mucci - Shaquisha Ray - George Allgeier - Emily Lane - Julie Lewis - Sarah Razor

Human Rights Commission - Kenneth J. Golphin, Robert N. Murray, and Sandra N. Canon were appointed.

Keep Lexington Beautiful Commission - Margaret M. Long was appointed.

Library Board of Advisors - Paula L. Setser, Marian M. Sims, and Stephanie A. Spires were appointed.

Picnic with the Pops Commission - Eunice A. Beatty was reappointed.

Special Events Commission - Jana L. Curd was appointed.

Tree Board - Ann K. Bowe was appointed.

Contested Items

• Resolution for Distillery District Public Improvements Program [timestamp: N/A]

The Council considered a resolution related to the Distillery District Public Improvements Program, which produced the meeting's only divided vote. The resolution was tabled following a 9-2 vote, with Ms. James and Mr. Blues casting the dissenting votes against the majority position. Mr. Lane recused himself from the vote entirely and did not participate in the decision.

The tabling of the resolution indicates the matter was set aside rather than approved or rejected outright, leaving the program's resolution unresolved pending future Council action.

Ordinance amending Section 16-90(b) and 16-90(e)

1:12

The Council took up an ordinance amending Sections 16-90(b) and 16-90(e) of the municipal code, with the changes relating to the preparation of stormwater pollution prevention programs.

The structured record does not identify specific speakers who presented or debated this item, and no concerns or notable points of discussion are documented in the available data. The ordinance was approved by the Council.

Ordinance amending Subsection 12-1(b) PM-106.4.1

2:21

The Council took up Agenda Item 5, an ordinance amending Subsection 12-1(b) PM-106.4.1 of the municipal code. The ordinance was brought forward to clarify the penalties applicable to structures or dwelling units located on real property, establishing a maximum civil penalty of $10,000 per parcel.

The amendment was presented as a clarifying measure, intended to provide clearer guidance on how civil penalties are assessed in relation to property violations. By setting the cap at $10,000 per parcel, the ordinance establishes a defined ceiling for enforcement actions regardless of the number of structures or dwelling units that may exist on a given piece of real property.

No key speakers were identified in the record as having presented extended remarks or raised specific concerns during deliberation on this item. The Council moved forward without noted opposition or significant debate.

The ordinance was approved.

Resolution for Distillery District Public Improvements Program

9:59

The Council took up Agenda Item 8, a resolution related to the Distillery District Public Improvements Program. The item concerned an Engineering Services Agreement with Strand Associates, Inc., covering public improvements, streetscape design, trail design, and construction work associated with the Distillery District.

Key speakers on this item were Gray and Gorton, who participated in the discussion before the Council. The available record does not detail the specific arguments or concerns raised by each speaker during deliberations.

The resolution was ultimately tabled by the Council, meaning no final vote to adopt or reject the agreement was taken at this meeting. The item will be held for future consideration.