Urban County Council Meeting

June 23, 2011 · 22,657 words

Watch the official video · Markdown version · Full transcript (text) · Agenda (PDF) · Official minutes (PDF)

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on June 23, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council conducted a comprehensive session addressing 59 agenda items, including zoning changes, budget appropriations, grant authorizations, and various municipal agreements and contracts. All items brought to a vote were approved, with the council taking 7 motions and votes during the meeting. The session included 4 public comments from residents. The agenda encompassed significant governmental actions, including the consolidation and reorganization of government departments, appropriation of revenues and expenditures for fiscal year 2012, and amendments to municipal budgets. The council also approved multiple resolutions authorizing grant applications, accepting bids for infrastructure and maintenance projects, and authorizing agreements with various organizations and businesses. Notable approvals included zoning ordinances, a grant application for Dunbar Community Center kitchen renovation, an aggressive vehicle ticketing program, traffic improvements through an ITS/CMS grant, and inducements to several corporations including Lockheed Martin Corporation, Neogen Corporation, and Tempur-Pedic National.

Attendance

The following individuals were present at the meeting on June 23, 2011:

Gorton
Henson
Kay
Lane
Lawless
Martin
McChord
Myers
Stinnett
Beard
Blues
Crosbie
Ellinger
Farmer
Ford

No absences or late arrivals were recorded.

Votes and Decisions

Ordinance 0130-26: Department of Budgeting Reorganization 1:28:07

Motion by Ellinger, seconded by Myers. This ordinance approved the reorganization of the Department of Budgeting under the Department of Finance and Administration. The roll call vote passed 11-4. Voting in favor: Gorton, Henson, Kay, Lane, Lawless, McChord, Stinnett, Beard, Blues, Crosbie, and Farmer. Voting against: Martin, Myers, and Ellinger.

Ordinance 0130-26: Environmental Quality and Public Works Consolidation 1:38:40

Motion by Stinnett, seconded by Lane. This ordinance approved an amended reorganization consolidating the Department of Environmental Quality and the Department of Public Works and Development. The roll call vote passed 11-4. Voting in favor: Gorton, Henson, Kay, Lane, Lawless, McChord, Stinnett, Beard, Blues, Crosbie, and Farmer. Voting against: Martin, Myers, and Ellinger.

Ordinance 0130-26: FY 2012 Budget Appropriation 1:58:34

Motion by Gorton, seconded by Stinnett. This ordinance appropriated revenues and expenditures for FY 2012. The roll call vote passed 11-4. Voting in favor: Henson, Kay, Lane, McChord, Myers, Stinnett, Beard, Blues, Ellinger, Farmer, and Ford. Voting against: Gorton, Lawless, Martin, and Crosbie.

Resolution 0073-26: Bid Acceptance 2:15:29

Motion by Martin, seconded by Stinnett. This resolution approved acceptance of bids for various contracts and services. The roll call vote passed unanimously 15-0.

Resolution 0073-26: Rules Suspension and Second Reading 2:35:27

Motion by Ellinger, seconded by Gorton. This motion suspended rules and granted second reading to multiple resolutions. The roll call vote passed unanimously 15-0.

Resolution 0073-26: Multiple Resolutions Second Reading 2:40:58

Motion by Ellinger, seconded by Gorton. This resolution approved second reading for multiple resolutions including lease agreements, easement releases, and insurance approvals. The roll call vote passed unanimously 15-0.

Adjournment 2:49:26

Motion by Farmer, seconded by Gorton. A voice vote to adjourn the meeting passed.

Budget and Financial Actions

The meeting approved multiple financial actions through Ordinance 0130-26 and Resolution 0073-26.

Grants Approved (Ordinance 0130-26):

Bluegrass Area Development District received $10,080 for renovation of the Dunbar Community Center kitchen
Kentucky Justice and Public Safety Cabinet received $25,000 for a ticketing aggressive cars and trucks program
Kentucky Transportation Cabinet received $348,000 for the ITS/CMS Traffic Improvements Project

Contracts and Services (Ordinance 0130-26):

RRT Design and Construction was authorized a change order of $70,675 for additional engineering and design services for the Materials Recovery Facility

Grants and Purchases (Resolution 0073-26):

Federal Emergency Management Agency grant of $1,806,712.50 for acquisition and demolition of 12 residential properties for hazard mitigation
Zumro, Inc. was authorized $69,055.20 for purchase of Zumro air shelters and equipment for the Metropolitan Medical Response System
U.S. Department of Justice reimbursement of $143,243 for incarceration of undocumented criminal aliens

Professional Services and Contracts (Resolution 0073-26):

Entran (formerly American Consulting Engineers, PLC) was authorized $2,088,076 for amendment to the Newtown Pike Extension Project contract
RCC Consultants, Inc. was authorized $100,000 for professional services related to acquisition of a new public safety radio system
Group CJ of Lexington, Kentucky was authorized $209,000 for stormwater public outreach and education
University of Kentucky Research Foundation was authorized $57,923 for a memorandum of understanding

Insurance Policies (Resolution 0073-26):

New York Marine and General Insurance Company: $303,672 for excess workers' compensation insurance
Public Entity Property Insurance Program: $260,806 for excess property boiler and machinery insurance
National Casualty Company: $460,995 for excess special liability insurance
Old Republic Insurance Company and Phoenix Aviation Managers: $8,054 for aviation liability insurance

Additional Actions (Resolution 0073-26):

Cost-sharing agreement with Jessamine County and Woodford County for Central Kentucky E-911 Network (no cost)
Lease agreement with Mary D. Teeter, doing business as Teeter Hetz, for 126 North Broadway (no cost)
Amendment to lease with Legal Aid of the Bluegrass (no cost)
Quitclaim deed for land at 211 Corral Street to William L. Hassett, Jr., as trustee (no cost)
Partial release of easements at 3050 Spur Road and 1650 Bryan Station Road (no cost)
Settlement agreement with TCF National Bank for Pennington Place (no cost)
Facility usage agreements with various youth baseball leagues (no cost)
Donation acceptance from Citizens Police Academy Alumni Association: $660
ACH credit authorization with Open Portal Solutions (no cost)
Adopt-a-Spot Roadway Cleanup Program participation with Lexington Swingers Golf Club and Alpha Kappa Alpha – Eta Rho Chapter: $3,275.24

Public Comment

Four members of the public addressed the council on June 23, 2011, raising concerns about proposed projects and budget decisions.

Disc Golf Course Bond Proposal

Greg Rickert, representing the Bluegrass Disc Golf Association, spoke in favor of a $150,000 bond to construct disc golf courses at Coldstream and Jacobson Parks 1:40:25. Rickert highlighted the sport's popularity and noted the low cost of the project, while also pointing to potential economic benefits from hosting tournaments.

James Miller subsequently questioned the proposed budget for the disc golf project 1:45:16. He argued that the actual construction cost should be significantly lower than $150,000 and expressed concern about the city increasing its debt for what he characterized as a non-essential project.

Adult and Tenant Services Budget Cuts

Andrea Tapia, an employee of Adult and Tenant Services, opposed proposed budget cuts scheduled for the department 1:46:50. She stated that the cuts would eliminate five positions and result in the closure of the Carmel Valley Center. Tapia emphasized the critical community services provided by the department and the impact of these reductions.

Tax Policy and Infrastructure

Bernard McCarthy addressed tax policy and infrastructure concerns 2:47:11. He criticized the city's practice of offering lower tax rates to new businesses, arguing that this approach fails to generate sufficient revenue to cover infrastructure costs resulting from growth. McCarthy called for the implementation of impact fees and advocated for improved transportation infrastructure, specifically mentioning the need for additional sidewalks and bike lanes.

Appointments

The following individuals were appointed to their respective positions:

Kenneth Newby was appointed to the Division of Water Quality
Brian Reynolds was appointed to the Division of Water Quality
Cynthia Shuster was appointed to the Department of Finance and Administration
Shandra McCauley was appointed to the Division of Facilities and Fleet Management
Nelson Wright was appointed to the Division of Facilities and Fleet Management
Anthony King was appointed to the Division of Streets, Roads and Forestry
Charles Burchett was appointed to the Division of Computer Services
Linda Taylor was appointed to the Division of Youth Services
Matthew Brotherton was appointed to the Division of Police
Pamela Proctor was appointed to the Division of Accounting

Contested Items

The June 23, 2011 meeting included three items that generated significant disagreement among council members and the public.

Reorganization of the Department of Budgeting under Finance

This proposal resulted in a split vote among council members. Council Member Myers strongly opposed the reorganization, arguing that moving the Department of Budgeting under the Finance department would compromise the independence of the budget office and create a conflict of interest. Other council members supported the move as a necessary administrative change.

Transfer of Urban Forestry from Streets and Roads to Environmental Policy

This item prompted heated discussion among council members and city officials. Council Members Myers and Querrey expressed concerns about operational confusion and loss of public service continuity resulting from the transfer. In contrast, Commissioner Taylor and the Tree Board Chair defended the move as a strategic improvement for urban forestry operations.

Budget for Disc Golf Courses

Public commenters raised concerns about the proposed $150,000 budget allocation for disc golf courses. One speaker argued the amount was excessive, while another emphasized the community benefits and economic potential of the project. This item generated community opposition during the public comment period.

Ordinance changing zone from R-1C to R-1E for 221 Devonia Dr.

15:45

The council considered an ordinance to rezone the property at 221 Devonia Dr. from Single Family Residential (R-1C) to R-1E zoning. The rezoning was intended to facilitate use of the property by Lexington Habitat for Humanity.

The council voted unanimously to approve the ordinance.

Ordinance changing zone from R-4 to P-1 for 858 Malabu Dr.

15:45

The council considered an ordinance to rezone a portion of 858 Malabu Dr. from High Density Residential (R-4) to Professional Office (P-1), including dimensional variances for SRG Properties, Inc.

The council approved the ordinance by unanimous vote.

Ordinance consolidating departments and reorganizing government structure

1:38:40

The council considered and approved an ordinance to consolidate and reorganize city government departments. The measure combined the Department of Environmental Quality and Public Works and Development into a new Department of Environmental Quality and Public Works, involving significant changes to staff and organizational structure.

The discussion included input from multiple council members: Beard, Myers, Henson, Taylor, Querrey, Angelucci, Stinnett, and Lawless. The debate reflected differing perspectives on the proposed reorganization, with council members raising various concerns and considerations about the consolidation and its implications for city operations.

The ordinance ultimately passed with a split vote of 11 in favor and 4 opposed, indicating that while a majority supported the reorganization, a significant minority had reservations about the proposal.

Ordinance appropriating revenues and expenditures for FY 2012

1:58:34

The council considered and approved the annual budget ordinance for FY 2012. The ordinance encompassed capital improvement programs and funding allocations for the Tourist and Convention Commission.

Key Speakers

Council members Rickert, Miller, Tapia, and Lawless participated in the discussion of this agenda item.

Discussion and Concerns

Public comments were received during consideration of the budget ordinance. Commenters raised concerns regarding funding for parks and disc golf courses, reflecting differing perspectives on budget priorities and resource allocation.

Outcome

The ordinance appropriating revenues and expenditures for FY 2012 was approved by the council.

Ordinance amending budgets for municipal expenditures

The council considered an ordinance to amend the budget for municipal expenditures 24:36. The ordinance was approved by unanimous vote.

Ordinance authorizing grant application for Dunbar Community Center kitchen reno