Urban County Council Meeting
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Summary
Meeting Overview
The Lexington-Fayette Urban County Government Council met on March 17, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. During the meeting, the Council took 34 motions and votes on various matters, heard 11 public comments, and addressed 12 agenda items. The Council approved Committee Reports, Ordinances on Second Reading, Resolutions on Second Reading, Resolutions on First Reading, and Communications from the Mayor. One item—Ordinances on First Reading (New Business)—was deferred. The meeting also included informational items such as Roll Call, Invocation, Presentations, Communications from the Mayor for information only, and Announcements.
Attendance
The following individuals were present at the meeting on March 17, 2011:
- Martin
- McChord
- Myers
- Stinnett
- Beard
- Blues
- Crosbie
- Ellinger
- Farmer
- Ford
- Gorton
- Henson
- Kay
- Lane
- Lawless
No absences or late arrivals were recorded.
Votes and Decisions
All motions and resolutions brought before the council passed unanimously by roll call vote with 15 ayes, 0 nays, and 0 abstentions. The following members voted in favor of all measures: Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, and Lawless.
Ordinances 1:32:14
Ordinance 0001-2011 changed the zoning of property at 412 S. Mill St. from Townhouse Residential (R-1T) to Planned Neighborhood Residential (R-3), subject to certain use restrictions. Motion by Crosbie, second by Myers.
Ordinance 0002-2011 amended budgets of Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating/re-appropriating funds, Schedule No. 99. Motion by Crosbie, second by Myers.
Ordinance 0003-2011 authorized the Mayor to submit a grant application to the Commonwealth of Kentucky Office of Highway Safety for $25,000 in Federal funds for "Click It or Ticket" Safety Belt Enforcement Mobilization. Motion by Crosbie, second by Myers.
Ordinance 0004-2011 authorized the Mayor to submit a grant application to the Kentucky Justice and Public Safety Cabinet for $100,000 in Commonwealth funds from the Law Enforcement Service Fee Program for police overtime hours for a Traffic Alcohol Patrol. Motion by Crosbie, second by Myers.
Ordinance 0005-2011 authorized the Mayor to execute an addendum to the lease agreement with Gray Television Licensee, LLC d/b/a WKYT-TV for extension of the 800 megahertz trunked radio system, with cost not to exceed $7,392 for the first year. Motion by Crosbie, second by Myers.
Ordinance 0006-2011 amended Section 22-5(2) of the Code of Ordinances to create two positions of Construction Supervisor P/T, Grade 118E, in the Division of Waste Management. Motion by Crosbie, second by Myers.
Ordinance 0007-2011 amended Section 22-5(2) of the Code of Ordinances to create one position of Project Engineering Coordinator, Grade 119E, for a three-year term in the Division of Water Quality. Motion by Crosbie, second by Myers.
Ordinance 0008-2011 amended Section 2-151(b) of the Code of Ordinances to allow members of the "Keep Lexington Beautiful Commission" employed in Fayette County to be eligible for board membership. Motion by Crosbie, second by Myers.
Resolutions [timestamp: 01:50:14 and 02:15:27]
Resolutions 0001-2011 through 0011-2011 were motioned by Martin and seconded by Ellinger. Resolutions 0022-2011 through 0036-2011 were motioned by Beard and seconded by Crosbie, with the exception of Resolution 0036-2011, which was motioned by Stinnett and seconded by Crosbie.
Budget and Financial Actions
The meeting approved the following financial actions:
Infrastructure and Equipment Purchases
- Kearney Hills Golf Course Irrigation Replacement: $109,791 contract with The Southern Group, Inc. (Ordinance 0009-2011)
- Three mixing compressors for the Town Branch Wastewater Treatment Plant: $40,689 purchase from Sihi Pumps, Inc. c/o KY Sherman & Schroder Equipment Co. (Resolution 0010-2011)
- Eddy Current Separator for Thompson Rd. Material Recovery Facility: $106,440 purchase from Machinex Technologies, Inc. (Resolution 0016-2011)
- Electrical upgrades at Thompson Rd. Recycling Center: $84,750 purchase from Amteck (Resolution 0017-2011)
Stormwater Quality Project Grants
The meeting approved Class A Incentive Grants for stormwater quality projects to the following organizations:
- Bluegrass PRIDE, Inc.: $19,200 (Resolution 0028-2011)
- WGPL Neighborhood Association, Inc.: $7,700 (Resolution 0029-2011)
- Colony Unit Four Community Association, Inc.: $35,248.10 (Resolution 0030-2011)
- Ky. River Watershed Watch, Inc.: $1,800 (Resolution 0031-2011)
- Southern Heights Neighborhood Association, Inc.: $9,369.60 modification (Resolution 0032-2011)
Social Services Contract
- Emergency housing for homeless families: $8,000 contract with Volunteers of America of Ky., Inc. (Resolution 0019-2011)
Public Comment
The council heard public comment on three main topics during the meeting.
Affordable Housing Trust Fund
Eight speakers addressed the council in support of the Affordable Housing Trust Fund [timestamps: 00:43:27 to 00:50:04]:
- Pastor Joseph Owens called it a win-win for the city with positive economic and social impacts [00:43:27]
- Katherine Goetz urged support for its humanitarian and economic benefits [00:45:03]
- Pastor Richard Gaines emphasized its economic return and positive community impact [00:45:35]
- Forrest Wiley urged the council to act on behalf of low to moderate-income citizens [00:47:22]
- Katlain Akers expressed excitement about the trust fund's potential to improve Lexington economically and socially [00:47:53]
- Mary Alice Pratt asked the council to support the fund and urged the mayor to fulfill his campaign promise [00:48:24]
- William Moody strongly urged Councilmembers Martin and Lawless to vote for the trust fund [00:48:57]
- Adam Jones shared stories of individuals struggling with housing costs and urged support for the trust fund to provide affordable housing [00:50:04]
Easement Rights for Property on 737 Woodward Lane
Nikita Moy spoke on behalf of his mother, requesting fair compensation for her property's easement rights, which were denied despite others receiving payments [02:21:50].
Pay Adjustments for Council Aides
Jamie Cooper expressed concern about salary inversions and asked if the moratorium on adjustments had been lifted, urging the council to consider all affected employees [02:27:09].
Support for House Bill 202
Robert Dalton thanked the council for supporting House Bill 202, which would make it easier for Kentucky veterans to obtain a Class A CDL [02:30:02].
Appointments
The following appointments and reappointments were made:
CASA - Brittany Blackburn Koch — appointed - Morgan Hall — appointed
Corridors Commission - Bill Farmer — appointed - Matthew A. Bland — appointed - Logan K. Baker — appointed
Ethics Commission - Chauncey Curtz — reappointed - Christopher Goode — reappointed
Special Events Commission - Diane Lawless — appointed
Town and Gown Commission - Linda Gorton — appointed - Melissa Lueker — appointed
Contested Items
Affordable Housing Trust Fund
The council voted to refer a study on the Affordable Housing Trust Fund to the Economic and Community Development Committee, though the motion passed with a split vote. Several council members expressed concerns about the process, questioning whether adequate discussion had occurred regarding priorities and revenue projections before moving forward with the referral.
Budget Workshop and Council Priorities
Council members engaged in a heated discussion about whether to hold a pre-budget workshop to discuss priorities before the mayor's budget presentation. The disagreement centered on timing and process: some members argued that such a workshop would be premature, while others emphasized that collaborative input from council members was important and should occur before the mayor presented the budget.
Temporary Employment and Job Security
Councilmember Stinnett raised concerns about three temporary positions scheduled for termination at the end of March. The issue centered on the lack of confirmed funding for these positions and the need for timely decisions regarding their continuation. Stinnett highlighted that without prompt action, the positions would be lost, affecting job security for the affected employees.
Roll Call
The council conducted a roll call to confirm attendance. All members were present at the meeting. 5:00
Invocation
Rev. Tanya Tyler, an ordained minister in the Christian Church (Disciples of Christ), delivered the invocation for the meeting 6:18. During her remarks, Rev. Tyler asked for wisdom and guidance for the council's work.
This agenda item was informational in nature and served as the opening spiritual reflection for the meeting.
Presentations
During this agenda item, the mayor introduced representatives from Toyota Motor Manufacturing and the American Red Cross to address the meeting. 7:59
Key speakers Kim Swayze and Winn Stephens presented information regarding the Japan tsunami and discussed an upcoming community relief initiative. The presentations focused on the Bluegrass Community Walk for Tsunami Relief, which was being organized to support those affected by the disaster.
As part of the presentations, a moment of silence was observed in honor of the victims of the tsunami.
The outcome of this agenda item was informational in nature, providing the community with details about the relief efforts and the upcoming fundraising walk.
Committee Reports
Vice Mayor Linda Gorton reported on the Committee of the Whole Work Session 54:09. The session addressed several matters requiring committee action and scheduling.
The following motions were discussed and approved:
- Police Disciplinary Hearing: A motion to schedule a police disciplinary hearing
- Investigation Referrals: A motion to refer investigations to the Public Safety and Public Works Committee
- Alternative Fuel Vehicles: A motion to refer the purchase of alternative fuel vehicles to the General Government Committee
- Environmental Quality Committee Meeting: A motion to schedule a special meeting of the Environmental Quality Committee
The outcome of the Committee Reports agenda item was approved.
Ordinances – Second Reading
The council approved eight ordinances during the second reading portion of the meeting. The ordinances addressed multiple municipal matters, including a zone change for property located at 412 S. Mill St., budget amendments, grant authorizations, and the creation of new positions across various city departments.
Key speakers during this agenda item included Crosbie and Myers, who presented and discussed the proposed ordinances with the council.
The council voted to approve all eight ordinances presented for second reading. The specific details of individual ordinances, including the nature of the zone change, the amounts of budget amendments, the grants being authorized, and the departments receiving new positions, were not detailed in the available meeting materials.
Ordinances – First Reading (New Business)
Several ordinances were presented for first reading during this agenda item. The ordinances were ordered placed on file for public inspection.
Key Actions:
- Acceptance of a bid for Kearney Hills Golf Course irrigation replacement
- Ratification of the 2010 Division of Community Corrections Policy and Procedure Manual
Key Speakers:
Lawless and Jarvis participated in the discussion of these ordinances.
Outcome:
The item was deferred.
Resolutions – Second Reading
The council approved 11 resolutions during the second reading portion of the meeting.
Key Speakers
Martin and Ellinger led the discussion on this agenda item.
Resolutions Approved
The approved resolutions included:
- Accepting bids for temporary labor
- Accepting bids for pool paint
- Authorizing grant applications
- Approving contract amendments for the Newtown Pike Extension
- Approving contract amendments for the Wayfinding Program
Outcome
All 11 resolutions were approved by the council.
Resolutions – First Reading (New Business)
The council approved 14 resolutions during the first reading of new business. Key speakers on this agenda item included Beard and Crosbie.
The resolutions addressed several procurement and authorization matters:
- Custodial Services Bids: The council accepted bids for custodial services.
- Trash and Recycling Containers: Bids were accepted for trash and recycling containers.
- Fencing: Bids were accepted for fencing projects.
- Electronics Waste Recycling: Bids were accepted for electronics waste recycling services.
- Stormwater Quality Projects: The council authorized grant awards for stormwater quality projects.
All 14 resolutions were approved by the council.
Communications from the Mayor
Mayor Gray presented communications regarding appointments and reappointments to various city commissions and boards. The mayor recommended candidates for the following bodies:
- CASA
- Corridors Commission
- Ethics Commission
- Special Events Commission
The agenda item was categorized as an appointment matter. The recommendations presented by Mayor Gray were approved by the council.
Communications from the Mayor (For Information Only)
Mayor Gray announced temporary appointments to positions within the Department of General Services and the Division of Facilities and Fleet Management. 2:16:33
The appointments made were: - Jamshid Baradaran - Jimmy Ross
This item was presented for informational purposes only, with no debate or action required from the council.
Announcements
No announcements were made during this agenda item.
Public Comments
During the public comment period, eleven citizens addressed the council on various topics of community concern. 2:21:50
The speakers raised issues spanning multiple policy areas:
- Affordable Housing Trust Fund — Citizens spoke in support of and regarding the establishment or continuation of affordable housing initiatives.
- Easement Rights — Questions and concerns were raised regarding property easement rights.
- Pay Adjustments for Council Aides — Public comment addressed proposed compensation changes for council staff members.
- Veteran Legislation — Citizens expressed support for legislation benefiting veterans.
Speakers included: Joseph Owens, Katherine Goetz, Richard Gaines, Forrest Wiley, Katlain Akers, Mary Alice Pratt, William Moody, Adam Jones, Nikita Moy, Jamie Cooper, and Robert Dalton.
The public comment period served an informational function, allowing constituents to present their perspectives on pending and ongoing matters before the council.
Decisions
- Ordinance 0001-2011 — passed (15-0): Changing zone from Townhouse Residential (R-1T) to Planned Neighborhood Residential (R-3) for property at 412 S. Mill St.
- Ordinance 0002-2011 — passed (15-0): Amending budgets of Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating/re-appropriating funds, Schedule No. 99.
- Ordinance 0003-2011 — passed (15-0): Authorizing the Mayor to submit a grant application to the Commonwealth of Ky. Office of Highway Safety for $25,000 Federal funds for 'Click It or Ticket' Safety Belt Enforcement Mobilization.
- Ordinance 0004-2011 — passed (15-0): Authorizing the Mayor to submit a grant application to the Ky. Justice and Public Safety Cabinet for $100,000 Commonwealth funds from the Law Enforcement Service Fee Program for police overtime hours for a Traffic Alcohol Patrol.
- Ordinance 0005-2011 — passed (15-0): Authorizing the Mayor to execute an addendum to the lease agreement with Gray Television Licensee, LLC d/b/a WKYT-TV for extension of the 800 megahertz trunked radio system.
- Ordinance 0006-2011 — passed (15-0): Amending Section 22-5(2) of the Code of Ordinances to create two positions of Construction Supervisor P/T, Grade 118E, in the Div. of Waste Management.
- Ordinance 0007-2011 — passed (15-0): Amending Section 22-5(2) of the Code of Ordinances to create one position of Project Engineering Coordinator, Grade 119E, for a three-year term in the Div. of Water Quality.
- Ordinance 0008-2011 — passed (15-0): Amending Section 2-151(b) of the Code of Ordinances to allow members of the 'Keep Lexington Beautiful Commission' to be employed in Fayette County to be eligible for board membership.
- Resolution 0001-2011 — passed (15-0): Accepting the bid of PIE Management, LLC, establishing a price contract for temporary labor for the Dept. of General Services and Div. of Parks and Recreation.
- Resolution 0002-2011 — passed (15-0): Accepting the bid of Chesapeake Bay Coatings, in the amount of $10,609.40, for pool paint for the Div. of Parks and Recreation.
- Resolution 0003-2011 — passed (15-0): Authorizing the Mayor to submit a grant application to the Ky. Justice and Public Safety Cabinet for $270,000 Federal funds for continuation of the Street Sales Drug Enforcement Project for FY 2012.
- Resolution 0004-2011 — passed (15-0): Authorizing the Mayor to execute an agreement with the University of Ky. for space in the University of Ky. Hospital emergency room for use as a clinical practice area for the Sexual Assault Treatment Program.
- Resolution 0005-2011 — passed (15-0): Authorizing the Mayor to execute Amendment No. 13 to the contract with Entran for the Newtown Pike Extension Project, increasing the contract price by $241,964.
- Resolution 0006-2011 — passed (15-0): Authorizing the Mayor to execute agreements with Young Marines Captain Reginald Underwood Unit, Inc. ($550) and Bryan Station High School PTSA, Inc. ($200) for the Office of the Urban County Council.
- Resolution 0007-2011 — passed (15-0): Authorizing the Mayor to execute Amendment No. 3 to Contract #5797 with Ky. Theatre Management Group, Inc., extending the term of management for an additional seven months through October 31, 2011.
- Resolution 0008-2011 — passed (15-0): Authorizing the Mayor to execute Change Order No. 2 to the contract with Architectural Graphics, Inc., for the Lexington Wayfinding Program, increasing the contract price by $14,096.39.
- Resolution 0009-2011 — passed (15-0): Authorizing the Mayor to execute an agreement with Chestnut Health System, Inc.’s GAIN Coordination Center for data storage and data sharing for youth substance abuse assessment.
- Resolution 0010-2011 — passed (15-0): Authorizing the Div. of Water Quality to purchase three mixing compressors for the Town Branch Wastewater Treatment Plant from Sihi Pumps, Inc. c/o KY Sherman & Schroder Equipment Co., a sole source provider.
- Resolution 0011-2011 — passed (15-0): Authorizing the Div. of Traffic Engineering to install multiway stop signs at Ridgecane Rd. and Sebastian Ln.
- Resolution 0022-2011 — passed (15-0): Authorizing the Mayor to execute and submit a grant application to the Ky. Dept. for Local Development for $75,000 Federal funds for improvements at Hisle Farm Park.
- Resolution 0023-2011 — passed (15-0): Authorizing the Mayor to execute a contract modification to the Engineering Services Agreement with GRW Engineers, Inc., increasing the contract price by $271,053.
- Resolution 0024-2011 — passed (15-0): Authorizing the Mayor to execute agreements with Blue Grass Community Foundation ($450), Big Brothers Big Sisters of the Bluegrass ($450), Lexington Dolphins, Inc. ($300), and Girls on the Run ($450) for the Office of the Urban County Council.
- Resolution 0025-2011 — passed (15-0): Authorizing the Mayor to execute a Memorandum of Understanding with the University of Ky. for parking at UK Polk-Dalton Clinic at no cost to the Urban County Government.
- Resolution 0026-2011 — passed (15-0): Ratifying probationary and permanent civil service appointments and pay increases in the Office of the Urban County Council.
- Resolution 0027-2011 — passed (15-0): Authorizing the Mayor to execute an agreement with Donald L. Crain, Esq., attorney with Frost Brown & Todd, LLC, for collective bargaining negotiations.
- Resolution 0028-2011 — passed (15-0): Authorizing the Mayor to execute a grant award agreement awarding a Class A Incentive Grant for a stormwater quality project to Bluegrass PRIDE, Inc., in the amount of $19,200.
- Resolution 0029-2011 — passed (15-0): Authorizing the Mayor to execute a grant award agreement awarding a Class A Incentive Grant for a stormwater quality project to WGPL Neighborhood Association, Inc., in the amount of $7,700.
- Resolution 0030-2011 — passed (15-0): Authorizing the Mayor to execute a grant award agreement awarding a Class A Incentive Grant for a stormwater quality project to the Colony Unit Four Community Association, Inc., in the amount of $35,248.10.
- Resolution 0031-2011 — passed (15-0): Authorizing the Mayor to execute a grant award agreement awarding a Class A Incentive Grant for a stormwater quality project to Ky. River Watershed Watch, Inc., in the amount of $1,800.
- Resolution 0032-2011 — passed (15-0): Authorizing the Mayor to execute a modification to the agreement awarding a Class A (Neighborhood) Incentive Grant for a stormwater quality project to Southern Heights Neighborhood Association, Inc., increasing the grant amount by $9,369.60.
- Resolution 0033-2011 — passed (15-0): Authorizing the Mayor to execute an assignment of easement and an amendment to license agreement with the Cincinnati New Orleans and Texas Pacific Railway Co. and Don Jacobs, Inc.
- Resolution 0034-2011 — passed (15-0): Supporting and encouraging residents to participate in the American Heart Association’s Central Ky. Start! Heart Walk on April 23, 2011, and supporting the Leadership Lexington concept of Lexington-Fayette County becoming a Fit City.
- Resolution 0035-2011 — passed (15-0): Authorizing the Division of Traffic Engineering to install a multi-way stop at the intersection of Forest Hill Drive and Ginger Mill Lane.
- Resolution 0036-2011 — passed (15-0): Authorizing the Mayor to execute a partial release of utility easement on property located at 2260 Thunderstick Drive.