Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on May 12, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Jim Gray presiding. The council conducted business across 11 agenda items, including roll call, an invocation, and a presentation commemorating Dr. Moosnick and Dr. Kelley. The body took 8 motions and votes during the meeting and heard 4 public comments from citizens. The council approved ordinances and resolutions on second reading, advanced new ordinances and resolutions to first reading, approved communications from the Mayor, and received committee reports and announcements.

Attendance

The following individuals were present at the meeting on May 12, 2011:

• Mayor Jim Gray
• Council Member Blues
• Council Member Crosbie
• Council Member Ellinger
• Council Member Farmer
• Council Member Ford
• Council Member Gorton
• Council Member Henson
• Council Member Kay
• Council Member Lane
• Council Member Lawless
• Council Member Martin
• Council Member McChord
• Council Member Myers
• Council Member Stinnett
• Council Member Beard

No council members were absent or late.

Votes and Decisions

Ordinance 0130-26 – Amending Section 21-5(2) of the Code of Ordinances to abolish one Risk Management Analyst position in the Division of Risk Management and create one in the Department of General Services, transferring the incumbent and appropriating funds. Motion by Mr. Ellinger, seconded by Mr. Lane. Failed on a roll call vote: 7 ayes, 8 nays. Those voting in favor were Council Members Farmer, Ford, Lane, Martin, McChord, Myers, and Stinnett. Those voting against were Council Members Blues, Crosbie, Ellinger, Gorton, Henson, Kay, Lawless, and Beard. 18:40

Resolution 0141-26 – Authorizing the Mayor to execute an agreement with the Fayette County Attorney's Office for a driver's education pilot program at the old Frankfort Pike landfill at no cost to the Urban County Government. Motion by Council Member Blues, seconded by Vice Mayor Gorton. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 44:45

Resolution 0141-26 – Authorizing the Mayor to execute a Certificate of Consideration and accept a deed for property at 405 Plainview Road for the Plainview Road Stormwater Improvements Project, authorizing $205,000 plus closing costs. Motion by Vice Mayor Gorton, seconded by Council Member Farmer. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 12:53

Resolution 0141-26 – Establishing a residential parking permit program for the 600 block of Providence Road, from 8 a.m. to 5 p.m., Monday through Friday, August 1 to May 15, waiving prior design mechanics. Motion by Vice Mayor Gorton, seconded by Council Member Farmer. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 12:15

Resolution 0141-26 – Approving the substitution of the Downtown Lexington Corp. agreement with a new Special Events Agreement, replacing the original resolution. Motion by Council Member Martin, seconded by Vice Mayor Gorton. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 40:01

Resolution 0141-26 – Approving the motion to suspend rules to allow second reading of multiple resolutions including the stormwater sewer project, neighborhood grant, and driver's education pilot. Motion by Council Member Stinnett, seconded by Council Member Ellinger. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 45:48

Resolution 0141-26 – Approving the motion to go into closed session pursuant to KRS 61.810(1)(f) for discussion of potential employee discipline. Motion by Council Member Ford, seconded by Council Member Farmer. Passed unanimously on a roll call vote: 15 ayes, 0 nays. 1:39:10

Resolution 0141-26 – Requesting the administration to investigate the incident involving disparaging remarks made by a division director to waste management employees. Motion by Vice Mayor Gorton, seconded by Council Member Ellinger. Passed unanimously on a roll call vote: 15 ayes, 0 nays. The administration is to report back at the next Council meeting. 1:45:55

Budget and Financial Actions

The meeting approved multiple financial actions under Resolution 0141-26, including purchases, contracts, grants, and amendments totaling over $1 million.

Equipment and Facility Purchases: - $28,000 payment to IPS Balers Manufacturing, Inc. for labor and equipment rental to reline the baler at the Materials Recovery Facility - $60,170 purchase of a Heil Dualift Combination Cable and Hook Lift Hoist from Central Indiana Truck Equipment Corp. - $25,030 agreement with L&P Wire Tie Systems for a wire tie system - $8,370 amendment to the agreement with Minnifield Enterprise, Inc. for West Sector Roll Call Renovation

Infrastructure and Environmental Contracts: - $653,826.50 agreement with Lagco, Inc. for Anniston/Wickland Capital Storm Sewer Improvements Phase II - $90,240 agreement with the U.S. Geological Survey for maintenance of stream flow and precipitation gauges - No-cost amendment to the agreement with Kentucky Transportation Cabinet for the Newtown Pike Landscaping Project

Services and Management Agreements: - $120,000 agreement with Downtown Lexington Corp. for special events management - $30,000 software license and maintenance agreement with FATPOT Technologies, LLC for mobile data software used by Fire and Emergency Services

Grants and Community Partnerships: - $5,470 Class A Neighborhood Incentive Grant to Neighbors United for South Elkhorn Creek, Inc. for a stormwater quality project - $1,075 agreement with Bluegrass Council of Boy Scouts of America, Inc. and Thursday's Child, Inc.

Facility Use Agreements: - $3,100 lease agreement with Community Action Council for Lexington-Fayette, Bourbon, Harrison, and Nicholas Counties, Inc. at 522 Patterson St. - $1,326.25 agreement with Fayette County Board of Education for use of William Wells Brown Gymnasium - $671.70 agreement with Fayette County Board of Education for use of William Wells Brown Elementary School

No-Cost Agreements: Several agreements were approved at no cost, including partnerships with the Fayette County Attorney's Office for a driver's education pilot program, American Red Cross for training courses, Humana and Anthem Health Plans of Ky., Inc. for Police and Firefighters Senior Plans, Federal Bureau of Investigation for jurisdiction at the Department of Veterans Affairs, Bluegrass Towing, Inc. for towing services, R&B Cleaning Services for custodial services, and Aramsco, Inc. for hospital PPE kits.

Public Comment

Four speakers addressed the council during the public comment period.

Waste Management Employee Concerns

Jeff Jones, civil service representative for the Division of Waste Management, spoke at 55:30 regarding disparaging remarks made by Steve Feese and Richard Miller during a committee meeting. Jones characterized the remarks as offensive and disrespectful to employees and demanded a formal apology from the administration.

Towing Contract Bid Protest

Don Todd, representing CTS Towing, spoke at 1:23:13 to request a review of the bid process for the towing contract award. Todd argued that his client was the underbidder and contended that the award to Bluegrass Towing resulted in a $675,000 savings to the city. He requested a fair hearing on the matter.

Rena Wiseman, representing Bluegrass Towing, responded at 1:26:58 to defend the contract award to her company. Wiseman emphasized Bluegrass Towing's superior response time, number of drivers, and compliance with bid specifications. She also challenged the accuracy of CTS Towing's cost calculations.

Civilian Paramedics Proposal

Bernard McCarthy spoke at 1:37:24 to urge the council to consider hiring civilian paramedics as a separate workforce from firefighters. McCarthy argued that this approach would improve workforce efficiency and reduce environmental impact from unnecessary travel.

Appointments

The following appointments and reappointments were made:

Alarm Advisory Board * Ms. Debbie Wimsatt – appointed

Black and Williams Neighborhood Community Center Board * Ms. Anna Greene – reappointed * Ms. Alice Jackson – reappointed * Mr. Henry Kenion – reappointed * Mr. Ben Turpin – reappointed

Board of Architectural Review * Mr. Robert Magrish – reappointed * Mr. Graham Pohl – appointed

CASA * Mr. Joe Schuler – appointed * Ms. Annemarie Margaret Vandervort – appointed

Human Rights Commission * Mr. Salvador Rangel – appointed * Ms. Renee Sloan Reynolds – appointed

Infrastructure Hearing Board * Mr. Francis (Sandy) Collins-Camargo – reappointed

Lexington Center Corporation Board of Directors * Vice Mayor Linda Gorton – appointed * Mr. Brent Rice – appointed * Mr. Craig Turner – appointed

Masterson Station Park Advisory Board * Ms. Janet Cabaniss – reappointed

Contested Items

Disparaging Remarks Toward Waste Management Employees

A heated discussion arose following the public revelation of offensive remarks made by division director Steve Feese and Richard Miller during a committee meeting. The remarks, directed at waste management employees, prompted significant public outcry. In response, multiple council members issued apologies and called for accountability. Steve Feese was required to provide a formal written apology addressing the incident.

Bid Protest for Towing Contract Award

CTS Towing filed a procedural dispute challenging the award of a towing contract to Bluegrass Towing. CTS Towing contended that they were the underbidder and questioned the financial justification for awarding the contract to Bluegrass Towing instead. The dispute prompted a detailed review of bid compliance and responsiveness to determine whether the award decision met proper procurement standards and procedures.

Roll Call

The meeting began with a roll call of council members. All 16 members were confirmed to be present 0:00.

Invocation

Rev. Bob Sessum delivered the invocation for the meeting 1:15. During the invocation, Rev. Sessum prayed for wisdom, charity, and justice for the council members and the community.

Presentation: Commemorations of Dr. Moosnick and Dr. Kelley

3:29

Mayor Jim Gray led a presentation honoring Dr. Franklin Moosnick and Dr. Dennis Kelley, recognized as pioneers in emergency medicine in Lexington. The ceremony included the presentation of commemorative plaques to honor their contributions to the city's emergency medical services system.

Key Speakers and Participants:

• Mayor Jim Gray
• Dr. Dennis Kelley
• Mrs. Marilyn Moosnick
• Donna Hunter

Presentation Details:

The mayor presented commemorative plaques recognizing Dr. Moosnick and Dr. Kelley for their pioneering work in emergency medicine and their significant contributions to developing Lexington's EMS system. Mrs. Marilyn Moosnick and Dr. Dennis Kelley were present to receive recognition on behalf of the honorees and their families.

Outcome:

The commemoration was approved, with the plaques formally presented to honor these emergency medicine pioneers and their lasting impact on the city's emergency medical services.

Committee Reports – Committee of the Whole – VM Gorton

7:57

Vice Mayor Gorton reported on motions from various committee meetings held during the Committee of the Whole session.

Environmental Quality Committee

The Environmental Quality Committee recommended funding a pilot grant program. This recommendation was presented as part of the broader committee report.

Citizen's Advocate Position

Motions to hire a full-time Citizen's Advocate were brought before the committees but failed to advance. Vice Mayor Gorton reported on these unsuccessful motions as part of the committee meeting outcomes.

The report was presented for informational purposes, providing the body with updates on committee actions and decisions from the various meetings that had taken place.

Ordinances – Second Reading

16:34

Several ordinances received second reading and approval during this portion of the meeting. The items addressed included amendments to the Newtown Pike Extension Ordinance, a zoning change for 407 Marquis Ave., budget adjustments, and modifications to the Internal Audit Board structure.

Mr. Jamshid Baradaran and Mr. Richard Moloney were the key speakers presenting and discussing these ordinances.

All ordinances presented during second reading were approved.

Ordinances – First Reading (New Business)

30:59

Two new budget amendment ordinances were introduced for first reading during this agenda item. Both ordinances were placed on file for public inspection as part of the standard first reading process.

No specific details regarding the content, purpose, or financial impact of the individual ordinances were provided in the available meeting materials. Similarly, no key speakers were identified as presenting or discussing these items, and no concerns or debate were recorded during this portion of the meeting.

The outcome of this agenda item was that both ordinances advanced to first reading status, making them available for public review before proceeding to subsequent readings and potential adoption.

Resolutions – Second Reading

31:32

Multiple resolutions received second reading approval during this portion of the meeting. The resolutions addressed several categories of municipal business, including contracts for custodial services, stormwater projects, and agreements for easements and property acquisitions.

All resolutions presented were approved.

Resolutions – First Reading (New Business)

34:44

A series of new resolutions were introduced for first reading during this agenda item. The resolutions encompassed several categories of contracts and agreements:

Items Presented: - Contracts for personal protective equipment (PPE) kits - Towing service contracts - Wire tie system contracts - Software agreements - Lease agreements - Grant agreements

All resolutions were presented for first reading, which is the initial introduction of proposed measures before they proceed to subsequent readings and potential adoption. No specific speakers were identified during the discussion of these items, and no particular concerns or debates were recorded in the available documentation.

Outcome:

The resolutions advanced to first reading status, meaning they were formally introduced and will be subject to further consideration in subsequent meetings before final action is taken.

Communications from the Mayor

44:45

Mayor Jim Gray presented recommendations for appointments and reappointments to various boards and commissions during this agenda item.

The mayor recommended appointments and reappointments to the following boards and commissions:

• Alarm Advisory Board
• Black and Williams Neighborhood Community Center Board
• Board of Architectural Review

The outcome of these recommendations was approval.

Announcements

53:13

Council members shared several upcoming community events and initiatives during the announcements portion of the meeting.

Key Speakers: - Council Member Ford - Council Member Lawless

Announcements Made:

Council members announced the following items of community interest:

• Isaac Murphy 150th Birthday Celebration – A celebration marking the 150th birthday of Isaac Murphy was announced.

• Community Forum Update – An update regarding a community forum was provided.

• Tuska Historic House Museum Clean-up Sale – A clean-up sale event at the Tuska Historic House Museum was announced.

Outcome:

This agenda item was informational in nature, with no formal action or debate required. The announcements were presented to inform council members and the public of upcoming events and community activities.

Public Comments

During the public comments period, several citizens addressed the board with concerns on different matters.

Jeff Jones raised criticism regarding disparaging remarks made by a division director. Don Todd presented a bid protest related to a towing contract. Rena Wiseman and Bernard McCarthy also provided comments during this segment.

The discussion covered three main topics:

• Criticism of remarks made by a division director
• A bid protest concerning a towing contract
• A proposal to hire civilian paramedics

The outcome of this agenda item was informational, with no formal action taken. 55:30