Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on February 3, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council conducted business across ten agenda items, including roll call, an invocation, committee reports, and readings of ordinances and resolutions. The body took 28 motions and votes during the meeting and heard 1 public comment.

The council approved committee reports and advanced several pieces of legislation, including ordinances and resolutions at second reading. New business was introduced through ordinances at first reading and resolutions at first reading, which were approved. The mayor provided communications to the council, and the meeting concluded with announcements and the public comment period.

Attendance

Present: Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Ford

Absent: Farmer

Late: None

Votes and Decisions

Ordinances Passed

Ordinance 001-2011 changed the zoning for 1.37 net acres at 2241 Buena Vista Rd. from Interchange Service Business (B-5P) to Professional Office (P-1) for Rooker Properties, LLC. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. 16:31

Ordinance 002-2011 amended Articles 18-4(d), 18-8, and 26-1 of the Zoning Ordinance and Article 6-10 of the Subdivision Regulations relating to landscaping and street tree regulations. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. 16:31

Ordinance 003-2011 amended budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriated funds under Schedule No. 88. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. 16:31

Ordinance 004-2011 authorized the Mayor to execute and submit three grant applications to the Kentucky Transportation Cabinet totaling $135,000 in federal funds for the Traffic Safety Program ($100,000), Collision Reporting Quality Control Project ($10,000), and Speed Enforcement Project ($25,000). Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. 16:31

Ordinance 005-2011 abolished one Equipment Operator Sr. position and one Public Service Worker Sr. position in the Division of Streets, Roads and Forestry, and created one Construction Supervisor position in the Department of Public Works and Development, effective retroactively to January 10, 2011. Motion by Gorton, seconded by Lane. Passed 14-0 on roll call vote. 16:31

First Readings

Ordinance 006-2011 and Ordinance 007-2011 were given first readings. Ordinance 006-2011 amended budgets under Schedule No. 91. Ordinance 007-2011 abolished two Police Captain positions and created two Police Lieutenant positions in the Division of Police. 17:53

Resolutions Passed

Resolutions 013-2011 through 031-2011 passed on roll call votes. Resolution 013-2011 and 014-2011 accepted bids for custodial services; both passed 13-0 with one abstention. Resolutions 015-2011 through 026-2011 passed 14-0, covering bid acceptances for various supplies and services, grant applications, and agreements. Resolution 027-2011 accepted W. Rogers Co.'s bid of $1,786,000 for Deep Springs Pump Station Upgrade & Force Main Improvements, passed 14-0. Resolution 031-2011 ratified unclassified civil service appointments of five commissioners, passed 13-1 with Crosbie voting against. [timestamp: 00:22:15 and 00:34:12]

Communication and Adjournment

Communication 001-2011 recommending reappointment of Glenda George and appointment of Danielle R. Adair to the Lyric Theatre and Cultural Arts Center Corporation was approved unanimously. 35:19

Motion to adjourn by Ellinger, seconded by Crosbie, approved unanimously. 38:29

Budget and Financial Actions

The meeting approved the following financial actions and contracts:

Major Infrastructure Projects

• Deep Springs Pump Station Upgrade & Force Main Improvements: $1,786,000 contract with W. Rogers Co. (Resolution 027-2011)
• Legacy Trail Project Phase 1 Change Order No. Three: $26,495.00 with Kay and Kay Contracting, LLC (Resolution 023-2011)
• Legacy Trail Project Phase 1 Change Order No. Four: $11,570.60 with Kay and Kay Contracting, LLC (Resolution 024-2011)
• Lexington Streetscape Phase One West Main St. Project Change Order No. One: $173,106.39 with Charles Deweese Construction (Resolution 021-2011)
• Glendover West Boardwalk Railing Remediation Change Order No. One (Final): $1,630.27 with Spectrum Construction Services (Resolution 025-2011)

Administrative and Operational Contracts

• Benefits management process administration: $39,000 for FY 2011 and approximately $117,000 for FY 2012 with Benefits Insurance Marketing (Resolution 030-2011)
• Custodial Services—Versailles Rd. Campus: not to exceed $1,025 with Key to Cleaning (Resolution 013-2011)
• Custodial Services—Downtown Arts Center: not to exceed $825 with Education Remedies, Inc. (Resolution 014-2011)
• Custodial Services—Cooperative Extension Office: not to exceed $800 with Key to Cleaning (Resolution 018-2011)

Equipment and Supplies

• Emergency Vehicle Lighting & Siren System: not to exceed $625 with Priority One Emergency, Inc. (Resolution 019-2011)
• Suction and discharge hose and related fittings: not to exceed $625 with Allied Technical Services, Inc. (Resolution 016-2011)
• Electric actuators: not to exceed $625 with Hydro Controls, Inc. (Resolution 020-2011)
• Phosphorous reduction chemicals: not to exceed $625 with Brenntag Mid-South, Inc. (Resolution 015-2011)
• Sprinkler inspection services: not to exceed $625 with Simplex Grinnell (Resolution 017-2011)

Grants and Settlements

• Child Care Infant/Toddler Provider Incentive Mini Grant Program: $500 to University of Kentucky (Resolution 021-2011)
• Traffic Safety Program grants totaling $135,000 from Ky. Transportation Cabinet, including Traffic Safety Program ($100,000), Collision Reporting Quality Control Project ($10,000), and Speed Enforcement Project ($25,000) (Ordinance 004-2011)
• Settlement Agreement and Release with Julia Householder: $16,000 (Resolution 020-2011)

Public Comment

35:50

Bernard McCarthy addressed the meeting, raising concerns about political discourse and transportation infrastructure. Mr. McCarthy criticized what he characterized as hostile political discourse, clarifying that such discourse does not increase crime. He advocated for the addition of bike lanes to new road projects as part of infrastructure planning. Mr. McCarthy also emphasized the importance of maintaining vehicle lighting safety standards as part of these transportation improvements.

Appointments

The following appointments and reappointments were made:

Lyric Theatre and Cultural Arts Center Corporation - Glenda George was reappointed - Danielle R. Adair was appointed

Department of Law - Janet Graham was appointed

Department of Public Safety - Thomas Clay Mason was appointed

Department of Social Services - Beth Mills was appointed

Department of Finance and Administration - Jane Driskell Sistrunk was appointed

Department of Environmental Quality - Cheryl Taylor was appointed

Contested Items

Consolidation of Commissioner Appointments

Council Member Crosbie raised a procedural question regarding the consolidation of multiple commissioner appointments into a single resolution. Crosbie questioned whether combining these separate appointments was the appropriate procedural approach for the council to take.

Despite raising this point of order, no formal objection was lodged against proceeding with the consolidated resolution as written. The council moved forward with the appointments under the consolidated format.

Roll Call

0:00

The meeting began with a roll call conducted by the Madam Deputy Clerk. The roll call confirmed the presence of 14 council members. Council Member Farmer was absent from the meeting.

Invocation

Rabbi Marc Kline delivered the invocation for the meeting 1:19. His remarks reflected on themes of diversity, unity, and the importance of respecting differences among community members.

During the invocation, Rabbi Kline also acknowledged the recent retirement of a local educator, recognizing their contributions to the community.

The invocation served as an informational opening to the meeting, setting a reflective tone for the proceedings that followed.

Committee Reports

Vice Mayor Gorton reported on the February 1, 2011 Committee of the Whole Work Session 5:41. During this report, several items were recommended for referral to various committees for further consideration and action.

The referrals discussed included:

• Golf cart procurement
• Disability claims processing
• Solid waste tax analysis

The Committee of the Whole Work Session recommendations were approved.

Ordinances – Second Reading

14:47

Five ordinances received second reading and were approved unanimously during this portion of the meeting. The ordinances addressed zoning changes, budget amendments, grant authorizations, and personnel adjustments.

Key speakers on this agenda item included Gorton and Lane. The ordinances were presented and moved through the approval process without recorded objections, resulting in unanimous passage of all five measures.

Ordinances – First Reading (New Business)

17:53

Two new ordinances were introduced for first reading during this agenda item.

Ordinances Presented

The ordinances addressed the following matters:

• An ordinance amending budgets
• An ordinance restructuring police positions

Process and Next Steps

Both ordinances were presented for first reading. Following standard procedure, they were scheduled for public inspection for a two-week period before proceeding to subsequent readings.

Key Speaker

Gorton presented this agenda item.

Outcome

Both ordinances received first reading approval and are now available for public review during the mandated two-week inspection period.

Resolutions – Second Reading

22:15

Fourteen resolutions were presented for second reading and approval during this agenda item. The resolutions addressed contracts and services across multiple city departments, including water quality, facilities management, police equipment, and mental health services.

Key speakers Gorton and Ellinger presented and discussed the resolutions. All fourteen resolutions were approved by the body.

One resolution received a single abstention during the voting process, though the resolution ultimately passed. The remaining thirteen resolutions were approved without noted objections.

The resolutions covered the following areas of city operations: - Water quality contracts - Facilities management - Police equipment - Mental health services

Resolutions – First Reading (New Business)

23:19

Seven new resolutions were introduced during the first reading of new business. Key speakers on this agenda item included Stinnett, Crosbie, and Gorton.

The resolutions addressed several matters:

• A major contract for water infrastructure
• Benefits management
• A donation of a pool table

The proceedings included rule suspensions to facilitate consideration of the resolutions. All resolutions presented during this agenda item were approved.

Communications from the Mayor

35:19

The Council considered a communication from the Mayor regarding appointments to the Lyric Theatre and Cultural Arts Center Corporation. The item recommended the reappointment of Glenda George and the appointment of Danielle R. Adair to the corporation.

Key speakers on this matter included Lane and Gorton.

The Council approved the communication, moving forward with both the reappointment of George and the appointment of Adair to the Lyric Theatre and Cultural Arts Center Corporation.

Announcements

No announcements were made during this portion of the meeting.

Public Comments

35:50

Bernard McCarthy provided public comment during this portion of the meeting, addressing topics related to political discourse and transportation infrastructure.

McCarthy advocated for the inclusion of bike lanes in road projects. He emphasized two primary benefits of this approach:

• Safety: McCarthy highlighted the safety advantages that bike lanes provide to cyclists and other road users.
• Environmental benefits: He stressed the environmental benefits associated with promoting bicycle infrastructure as part of road development projects.

Outcome

This agenda item was informational in nature, with no formal action taken. McCarthy's comments were received as public input on the topics he raised.