Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on March 3, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council conducted 43 motions and votes during the session, addressing a comprehensive agenda that included procedural matters, legislative actions, and communications from city leadership. The meeting covered 12 agenda items, including roll call, committee reports, ordinances and resolutions at various reading stages, mayoral communications, and public announcements. One member of the public provided comments during the designated public comment period. The council approved the minutes from previous meetings, advanced ordinances and resolutions through their required readings, and received informational reports from committees and the mayor's office.

Attendance

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

Absent: Beard

Late: None

Votes and Decisions

The Council passed 42 motions during this meeting, with 41 passing unanimously and one tabled for further consideration.

Ordinances

Seven ordinances passed unanimously on roll-call votes with 14 ayes and 0 nays 15:41:

• Ordinance 001-11: Amending budgets to reflect current municipal expenditures and re-appropriating funds, Schedule No. 93 (motion by Gorton, second by Myers)
• Ordinance 002-11: Authorizing grant application to Kentucky Division of Waste Management for $3,000 for waste tire disposal and recycling (motion by Gorton, second by Myers)
• Ordinance 003-11: Authorizing acceptance of $115,734.38 federal grant from Kentucky Department of Military Affairs for emergency preparedness with local match obligation (motion by Gorton, second by Myers)
• Ordinance 004-11: Authorizing agreements with multiple agencies for Project Safe Neighborhood Program services up to $70,168 total (motion by Gorton, second by Myers)
• Ordinance 005-11: Authorizing acceptance of $19,060 federal grant from Kentucky Justice and Public Safety Cabinet for Safe Havens and Supervised Visitation Program with $6,354 local match (motion by Gorton, second by Myers)
• Ordinance 006-11: Amending Code of Ordinances to create three new positions and abolish one, with funding via Schedule No. 96 (motion by Gorton, second by Myers)
• Ordinance 007-11: Amending Ordinance No. 6-2011 to rezone 1528, 1532, and 1534 N. Limestone from R-1C to B-4 with use restrictions (motion by Gorton, second by Myers)

Ordinance 008-11 16:12: Changing zone from R-1T to R-3 for 412 S. Mill Street passed unanimously on roll-call vote with 14 ayes and 0 nays (motion by Lawless, second by Ellinger). The ordinance was placed on file for two weeks for public inspection.

Ordinance 010-11 4:24: Ratifying 2010 Division of Community Corrections Policy and Procedure Manual was tabled to the March 15, 2011 Committee of the Whole Work Session on a majority vote of 13 ayes and 1 nay. Ford voted against tabling (motion by Gorton, second by Henson).

Resolutions

Twenty-eight resolutions passed unanimously on roll-call votes with 14 ayes and 0 nays. These included bid acceptances, grant authorizations, change orders, easement releases, personnel actions, and other municipal matters [timestamps: 0:26:04, 0:38:50, 0:42:31, 0:43:40, 0:44:12, 0:45:54, 0:05:28].

Budget and Financial Actions

The meeting approved multiple grants, contracts, and amendments totaling over $3.5 million in financial actions:

Grants

The body approved several grants from state and federal sources:

• $3,000 grant for waste tire disposal and recycling from the Kentucky Division of Waste Management (Ordinance 002-11)
• $115,734.38 emergency preparedness grant from the Kentucky Department of Military Affairs, Division of Emergency Management (Ordinance 003-11)
• $19,060 grant for the Safe Havens and Supervised Visitation Program from the Kentucky Justice and Public Safety Cabinet (Ordinance 005-11)
• $13,600 grant for a mobile home fire safety improvement program from the U.S. Department of Homeland Security (Resolution 006-11)
• $1,430,000 grant for the Housing Opportunities for Persons with AIDS Program from the U.S. Department of Housing and Urban Development (Resolution 022-11)
• $270,000 grant for the Street Sales Drug Enforcement Project from the Kentucky Justice and Public Safety Cabinet (Resolution 023-11)
• $50,456 grant for a generator and tornado-safe room from the Kentucky Emergency Management Agency (Resolution 027-11)
• $25,000 grant for Click It or Ticket Safety Belt Enforcement Mobilization from the Kentucky Office of Highway Safety (Ordinance 011-11)
• $100,000 grant for Traffic Alcohol Patrol police overtime from the Kentucky Justice and Public Safety Cabinet (Ordinance 012-11)

Contracts and Appropriations

• $70,168 contract for Project Safe Neighborhood Program services with multiple agencies (Ordinance 004-11)
• $1,200,000 appropriation for the Shandon-Cabot Stormwater Project property acquisition (Resolution 008-11)
• $7,392 addendum to lease agreement for 800 MHz trunked radio system with Gray Television Licensee, LLC d/b/a WKYT-TV (Ordinance 013-11)

Contract Amendments

The meeting approved multiple change orders and amendments, including $46,500 to Sherman-Carter-Barnhart Architects (Resolution 009-11), $28,000 to IPS Baler, Inc. (Resolution 011-11), $127,743.49 to Machinex Technologies, Inc. (Resolution 012-11), $124,158.01 to Marrillia Design and Construction (Resolution 016-11), $45,518.59 to Triplett Striping, Inc. (Resolution 019-11), $241,964.00 to Entran for the Newtown Pike Extension Project (Resolution 028-11), and $14,096.39 to Architectural Graphics, Inc. for the Lexington Wayfinding Program (Resolution 040-11).

Equipment Purchase

The body approved $40,689 for three mixing compressors for the Town Branch Wastewater Treatment Plant from Sihi Pumps, Inc. c/o KY Sherman & Schroder Equipment Co. (Resolution 042-11).

Public Comment

Councilmember Farmer addressed the council regarding disciplinary procedures 48:16. Farmer raised a question about the practice of identifying officers by badge number rather than by name. In response, Farmer was assured that this identification method constitutes standard procedure.

Appointments

The following individuals were appointed to government boards and commissions:

• Tom Blues was appointed to the Corridors Commission
• Jane Driskell was appointed to the Internal Audit Board
• Clay Mason was appointed to the Police and Fire Retirement Fund Board
• Jane Driskell was appointed to the Police and Fire Retirement Fund Board
• Anna M. Johnson was appointed to the Social Services Advisory Board
• Robynn Michelle Pease was appointed to the Social Services Advisory Board
• Beth Mills was appointed to the Social Services Advisory Board

Contested Items

Use of Badge Numbers in Disciplinary Reports

A procedural dispute arose regarding the identification method used in disciplinary reports. Councilmember Farmer questioned the practice of identifying officers by badge number instead of by name in these documents.

Farmer's concern centered on this identification approach, but was informed that using badge numbers rather than officer names was standard procedure. The matter was resolved through this clarification that the practice followed established protocols.

Roll Call

Council members were called to order at the beginning of the meeting. All council members were present with the exception of Councilmember Beard.

Invocation

Rev. Kate West offered the invocation at the beginning of the meeting 1:25. During this opening remarks, Rev. West asked for guidance and peace as the council prepared to address its agenda for the day.

Minutes of Previous Meetings

The minutes from three previous meetings held on January 13, January 25, and January 27, 2011 were presented for approval. 2:03

Key speakers on this agenda item included Ellinger and Crosbie.

The minutes were approved by unanimous voice vote.

Committee Reports

Vice Mayor Gorton reported on the March 1, 2011 Committee of the Whole Work Session 3:54. The report included approval of the summary from that session, with requested changes incorporated.

This agenda item was informational in nature and did not result in a formal decision or action item.

Ordinances – Second Reading

15:41

Seven ordinances received second reading and were approved by roll call vote during this portion of the meeting. The ordinances addressed budget amendments, grant authorizations, and zoning changes.

Key speakers during this agenda item included Gorton and Myers.

All seven ordinances were approved as presented.

Ordinances – First Reading (New Business)

16:12

During this agenda item, the council addressed several ordinances in their first reading. Ordinance No. 8 was placed on the docket without a public hearing. Other ordinances were read and placed on file for public inspection.

Key speakers during this discussion included Lawless and Ellinger.

The outcome of this agenda item was the first reading of the ordinances presented.

Resolutions – Second Reading

26:04

During this agenda item, the body considered 19 resolutions on second reading. The resolutions encompassed contract awards, grant applications, and property easement authorizations.

Key speakers Blues and Gorton participated in the discussion of these items. All 19 resolutions were approved by roll call vote.

Resolutions – First Reading (New Business)

38:50

Multiple resolutions were presented for first reading during this agenda item. The body suspended rules to allow the resolutions to be read and voted on during the same meeting.

Speakers and Participants

The following individuals participated in the discussion of these resolutions: Gorton, Lawless, Lane, Crosbie, McCord, Ford, and Ellinger.

Content and Actions

The resolutions addressed grant applications and contract amendments. After the rules were suspended to expedite the process, each resolution was read into the record.

Outcome

All resolutions presented were approved by roll call vote.

Communications from the Mayor

47:45

During this agenda item, the Mayor presented communications regarding appointments to various commissions and boards. The Mayor recommended appointments to the Corridors Commission and the Internal Audit Board.

This was an informational presentation with no formal action required. The outcome was to inform the body of the Mayor's recommended appointments to these commissions and boards.

Communication from the Mayor (For Information Only)

48:16

The Mayor reported on a personnel matter regarding the voluntary demotion of Gregory Harbut from the position of Public Service Supervisor Sr. to Equipment Operator Sr.

This item was presented for informational purposes only and did not require a vote or further action from the body.

Announcements

No announcements were made during this agenda item.

Public Comments

No members of the public were present to speak during the public comment period. 50:30