Urban County Council Meeting
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Summary
Meeting Overview
The Lexington-Fayette Urban County Government Council met on August 25, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council addressed 11 agenda items during the session, including roll call, an invocation, presentations, committee reports, and readings of ordinances and resolutions. The body took 42 motions and votes throughout the meeting and heard 4 public comments from citizens.
The council approved committee reports, ordinances on second reading, and resolutions on second reading. First readings of new ordinances and resolutions were deferred to a future meeting. The session also included informational items such as presentations, communications from the Mayor, and announcements.
Attendance
Present: - Mayor Gray - Council Member McChord - Council Member Stinnett - Council Member Beard - Council Member Blues - Council Member Ellinger - Council Member Farmer - Council Member Ford - Council Member Gorton - Council Member Henson - Council Member Kay - Council Member Lane
Absent: - Council Member Lawless - Council Member Martin - Council Member Myers - Council Member Crosbie
Votes and Decisions
The Council held 35 roll call votes on August 25, 2011. All measures passed unanimously with 11 ayes, 0 nays, and 0 abstentions. The following members voted in favor of all measures: McChord, Stinnett, Beard, Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, and Lane.
Zoning and Ordinances 27:19
Ordinance 0001-26 changed the zone from Professional Office (P-1) to Neighborhood Business (B-1) for property at 4268 Saron Dr., subject to certain use and buffering restrictions. Ordinances 0002-26, 0003-26, and 0004-26 amended various zoning articles to provide civil citations and penalties for zoning enforcement, define and regulate temporary structures, and define and further regulate circuses and carnivals, respectively. Ordinance 0018-26 33:27, moved by Mr. Stinnett and seconded by Mr. Lane, amended zoning articles to allow shredding and baling of paper scrap and storage of waste paper in the B-4 zone.
Procurement and Budget 27:19
Ordinance 0005-26 accepted a bid from Sensabaugh Design & Construction for a Pole Barn Storage Building for the Division of Police at $189,000. Ordinance 0006-26 accepted a bid from Godwin Pumps of America, Inc. for a Sewer Overflow Response Program Emergency Response Trailer at $25,900. Ordinances 0007-26, 0008-26, and 0009-26 amended budgets to reflect current municipal expenditures and appropriated funds for Code Enforcement property abatement ($225) and Parks and Recreation summer programs ($4,277).
Administrative and Personnel 27:19
Ordinance 0010-26 closed Still Alley and transferred the former right-of-way to abutting owners via quitclaim deed with reserved easements. Ordinance 0011-26 created four Program Specialist positions (Grade 112E) and abolished four Administrative Specialist Sr. positions (Grade 112N) in the Office of the Mayor. Ordinance 0012-26 redistricted districts for Fiscal Court Commissioners, Justices of the Peace, and Constables. Ordinance 0017-26 amended Council Rules to decrease standing committees to six and establish weekly Council Work Sessions.
Tax Levies 27:19
Ordinances 0013-26, 0014-26, 0015-26, and 0016-26 levied ad valorem taxes for municipal purposes, the Agricultural Extension Office, the Soil and Water Conservation District, and public health for fiscal year 2011-2012.
Resolutions 44:40
Resolutions 0001-26 through 0017-26 addressed various matters including bid acceptances, property transactions, parking programs, and facility agreements. Resolution 0018-26 [timestamp: 00:53:41 and 00:57:50] amended the Granicus agreement for web-streaming and voting system support. Resolutions 0025-26 through 0031-26 authorized personnel appointments, traffic controls, tax settlements, and a community foundation agreement.
Budget and Financial Actions
The meeting approved the following financial actions and contracts:
Construction and Infrastructure Contracts
- Pole Barn Storage Building for Division of Police: $189,000 to Sensabaugh Design & Construction (Ordinance 0005-26)
- West Hickman Creek Waste Water Treatment Plant Solids Building Odor-HVAC improvements: $699,000 to Vanhook Enterprises, Inc. (Resolution 0004-26)
- Newtown Pike Enhancement Project: $219,275 to Environmental Landscape, LLC (Resolution 0001-26)
Water Quality and Utility Contracts
- Sewer Overflow Response Program Emergency Response Trailer for Division of Water Quality: $25,900 to Godwin Pumps of America, Inc. (Ordinance 0006-26)
- Liquid chlorine for Division of Water Quality: Contract with Univar USA (Resolution 0005-26)
- Purchase of three mixing compressors for Town Branch Wastewater Treatment Plant: $1,149 to Sihi Pumps, Inc. c/o KY Sherman & Schroder Equipment Co. (Resolution 0027-26)
Police Department Equipment
- Prisoner restraint cages for Division of Police: Contract with Adamson Industries Corp. (Resolution 0003-26)
Grant Applications
- Grant application to U.S. Department of Housing and Urban Development for North Lexington Gateway Plan: $500,000 (Resolution 0022-26)
- Grant application to Kentucky Department of Juvenile Justice for Juvenile Surveillance Program: $16,183 (Resolution 0024-26)
Public Comment
Council Member Beard raised concerns about the proposed on-site wellness center, specifically addressing its location and accessibility 1:26:01. Beard noted that only 15% of employees work in the central building and emphasized the need for multiple wellness center sites to ensure all employees can access the facility. Beard stressed that a single location would alienate employees who live outside the central area and questioned the feasibility of this approach.
Council Member Henson spoke twice during the public comment period. First, Henson highlighted the potential cost savings associated with an on-site wellness center 1:36:07. Henson pointed out that the center could reduce government expenditures on expensive annual physicals currently paid for by the government. Henson also suggested the possibility of including a gym facility in the future.
Later, Council Member Henson addressed leadership at the Fayette County Detention Center 1:41:20. Henson reiterated the urgency of appointing a new director, citing ongoing employee concerns and the need for leadership change to address systemic issues at the facility.
Mayor Gray offered welcoming remarks and recognition 1:49:01. Gray welcomed Scott Shapiro as a new senior advisor to the council and acknowledged Hillary Perrine's contributions in preparing the meeting docket.
Appointments
The following appointments and reappointments were made:
Board of Adjustment - Ms. Kathryn Moore was reappointed
Carnegie Literacy Center Board of Directors - Mr. W. Morgan Fister was appointed - Ms. Janet Holloway was appointed - Mr. David Lord was appointed
Convention and Visitors Bureau Board of Directors - Mr. Ronald Van Haaren was reappointed
Corridors Commission - Councilmember Doug Martin was reappointed
Environmental Commission - Mr. Louis Allegra was appointed
Ethics Commission - Mr. Garry Perry was reappointed
Lexington Center Corp. Board of Directors - Ms. Judy Taylor was appointed
Planning Commission - Mr. William Berkley was appointed - Mr. Frank Penn was appointed
Contested Items
On-site Wellness Center Location and Accessibility
Council Member Beard raised concerns about the feasibility of establishing a single on-site wellness center, noting that only 15% of employees work in the central building. Beard argued that a single location would alienate many employees and fail to serve the broader workforce equitably. This concern prompted discussion among council members about the necessity of multiple wellness centers to ensure all employees could access these services regardless of their work location. The issue resulted in a split vote, indicating that council members held differing views on whether one centralized facility would be sufficient or whether the organization should commit to establishing multiple centers across different sites.
Detention Center Leadership
Council Member Henson expressed strong concern regarding the absence of new leadership at the Fayette County Detention Center. Henson emphasized that the lack of a director was contributing to ongoing employee distress and that a leadership change was urgently needed to address workplace conditions and morale. Mayor Gray responded to these concerns by affirming that Ray Sabatini had been appointed to the director position and expressed confidence in the new leadership's ability to address the issues at the facility. This heated discussion reflected underlying tensions about management and employee welfare at the detention center, with Henson advocating for immediate action and Mayor Gray providing reassurance about the appointment that had been made.
Roll Call
The meeting began with a roll call conducted by the Clerk to confirm quorum 1:05. The roll call confirmed that 12 members were present and 4 members were absent, establishing that a quorum was present for the meeting to proceed.
Invocation
Reverend Kenneth Golphin of the African Methodist Episcopal Church delivered the invocation for the meeting 2:13. In his opening prayer, Reverend Golphin asked for wisdom, courage, and peace to guide the council as they conducted their work serving the community.
Presentations
The council honored participants in the July Jamboree, a youth development event. 3:53
Speakers and Recognition
Mayor Gray, Council Member Ford, and community leader Aaron Mosley led the presentation segment. The council recognized Councilmember Chris Ford and Aaron Mosley for their contributions to the event.
Event Acknowledgment
Certificates were presented to 25 individuals who contributed to the July Jamboree. The presentation served as an informational item recognizing community members' involvement in youth development efforts.
Committee Reports
Vice Mayor Gorton reported on the Committee of the Whole Work Session, presenting three recommendations for council consideration.
The first recommendation addressed traffic safety at the intersection of Dunkirk and Londonderry Drive, where a multi-way stop was proposed.
The second item concerned bike lane striping. Vice Mayor Gorton recommended referring the bike lane striping issue to the Parking Authority for further review and action.
The third recommendation directed the removal of bike lane striping between Woodland and Kentucky Avenues. This striping is to be replaced with parking space striping in that area.
The committee reports were approved.
Ordinances – Second Reading
The council considered 17 ordinances on second reading, encompassing zoning changes, budget amendments, tax levies, and infrastructure projects.
Key Speakers
Mr. Ellinger and Mr. Beard presented and discussed the ordinances during this agenda item.
Outcome
All 17 ordinances were approved unanimously, with 11 ayes and 0 nays.
Ordinances – First Reading (New Business)
Three ordinances were placed on file for public inspection during this agenda item. The ordinances remained available for public review until September 15, 2011, and included the following matters:
- Budget amendments
- A waiver for the Richmond Road Landscape Plan
- A position change in the Office of the Commissioner of Public Works
Mr. Stinnett and Mr. Lane were the key speakers during the discussion of these ordinances.
The outcome of this agenda item was deferred, meaning the ordinances were not voted on or advanced during this meeting and will be addressed at a future session.
Resolutions – Second Reading
The council considered 17 resolutions during the second reading, addressing a range of municipal matters including contracts for environmental and park projects, property transfers, and personnel appointments.
Key Speakers
Mr. Blues and Ms. Henson led the discussion on this agenda item.
Outcome
All 17 resolutions were approved unanimously by the council.
Resolutions – First Reading (New Business)
Several resolutions were presented for first reading as new business during this agenda item. The resolutions were placed on file for public inspection until September 15, 2011, allowing the public time to review the proposed measures before further action.
The resolutions under consideration included grant applications, lease extensions, and amendments to existing agreements, though specific details of each resolution were not elaborated in the available record.
Ms. Gorton and Mr. Farmer were the key speakers during this portion of the meeting. Their participation in the discussion helped guide the presentation and consideration of the proposed resolutions.
The outcome of this agenda item was that action on the resolutions was deferred, meaning they were not voted on or finalized at this meeting. This deferral allowed additional time for public review and consideration before the resolutions would return for further action at a subsequent meeting.
Communications from the Mayor
Mayor Gray presented recommendations for appointments and reappointments to various boards and commissions serving the city.
The mayor recommended appointments and reappointments to the following boards and commissions:
- Board of Adjustment
- Carnegie Literacy Center
- Convention and Visitors Bureau
- Corridors Commission
- Environmental Commission
- Ethics Commission
- Lexington Center Corp.
- Planning Commission
This was an informational presentation of the mayor's recommendations. The outcome was informational in nature.
Announcements
During the announcements portion of the meeting, Council Member Henson raised concerns regarding leadership at the Fayette County Detention Center, noting the need for a new director in that position 1:41:20.
Mayor Gray responded to these concerns by affirming the appointment of Ray Sabatini to the director role and expressing confidence in the new leadership that Sabatini would bring to the detention center.
The discussion concluded as informational in nature, with no formal action items resulting from this exchange.
Public Comment
No members of the public appeared to speak during the public comment period 1:49:01.
Decisions
- Ordinance 0001-26 — passed (11-0): Change zone from Professional Office (P-1) to Neighborhood Business (B-1) for property at 4268 Saron Dr.
- Ordinance 0002-26 — passed (11-0): Amend Articles 5-9, 17-14, 23C-13, and 26-12 to provide civil citations and penalties for zoning enforcement.
- Ordinance 0003-26 — passed (11-0): Amend Articles 1-11, 8-17(d), 8-19(d), 8-20(d), 8-21(d), 8-22(d), 8-23(d), 8-24(d), 23A-4(d), 23A-9(d), 23A-10(d), 28-3(d), and 28-4(d) to define and regulate temporary structures.
- Ordinance 0004-26 — passed (11-0): Amend Articles 1-11, 8-16(b) and (d), 8-17(d), 8-20(b) and (d), 8-21(b) and (d), 8-22(d), 8-23(d), 23A-9(b) and (d), 11-2(i) and 11-4 to define and further regulate circuses and carnivals.
- Ordinance 0005-26 — passed (11-0): Accept bid of Sensabaugh Design & Construction for Pole Barn Storage Building for Div. of Police at $189,000.
- Ordinance 0006-26 — passed (11-0): Accept bid of Godwin Pumps of America, Inc. for Sewer Overflow Response Program Emergency Response Trailer at $25,900.
- Ordinance 0007-26 — passed (11-0): Amend budgets to reflect current municipal expenditures and appropriate/re-appropriate funds (Schedule No. 27).
- Ordinance 0008-26 — passed (11-0): Amend budgets to reflect $225 from Neighborhood Development Funds in Div. of Code Enforcement for property abatement (Schedule No. 28).
- Ordinance 0009-26 — passed (11-0): Amend budgets to reflect $4,277 from Neighborhood Development Funds in Div. of Parks and Recreation for William Wells Brown Community Center summer programs (Schedule No. 29).
- Ordinance 0010-26 — passed (11-0): Close Still Alley and transfer former right-of-way to abutting owners via quitclaim deed with reserved easements.
- Ordinance 0011-26 — passed (11-0): Create four Program Specialist (Grade 112E) positions and abolish four Administrative Specialist Sr. (Grade 112N) positions in Office of the Mayor.
- Ordinance 0012-26 — passed (11-0): Redistrict districts for Fiscal Court Commissioners, Justices of the Peace (Magistrates), and Constables.
- Ordinance 0013-26 — passed (11-0): Levy ad valorem taxes for municipal purposes for FY 2011-2012 on assessed value of all taxable property.
- Ordinance 0014-26 — passed (11-0): Levy ad valorem taxes for support of Agricultural Extension Office for FY 2011-2012.
- Ordinance 0015-26 — passed (11-0): Levy ad valorem taxes for support of Soil and Water Conservation District for FY 2011-2012.
- Ordinance 0016-26 — passed (11-0): Adopt request of Lexington-Fayette County Health Dept. under KRS 212.755 and levy special ad valorem public health tax for FY 2011-2012.
- Ordinance 0017-26 — passed (11-0): Amend Section 1 of Ordinance No. 222-2010 to reflect change in Council Rules decreasing standing committees to six and establishing weekly Council Work Sessions.
- Ordinance 0018-26 — passed (11-0): Amend Articles 8-21(b) and 8-22(b) of Zoning Ordinance to allow shredding and baling of paper scrap and storage of waste paper in B-4 zone.
- Resolution 0001-26 — passed (11-0): Accept bid of Environmental Landscape, LLC for Newtown Pike Enhancement Project at $219,275.
- Resolution 0002-26 — passed (11-0): Accept bids for golf course horticulture products from multiple vendors for Div. of Parks and Recreation.
- Resolution 0003-26 — passed (11-0): Accept bid of Adamson Industries Corp. for prisoner restraint cages for Div. of Police.
- Resolution 0004-26 — passed (11-0): Accept bid of Vanhook Enterprises, Inc. for West Hickman Creek Waste Water Treatment Plant Solids Building Odor-HVAC improvements at $699,000.
- Resolution 0005-26 — passed (11-0): Accept bid of Univar USA for liquid chlorine for Div. of Water Quality.
- Resolution 0006-26 — passed (11-0): Amend Resolution No. 297-2011 to combine 700 block of Tremont Ave. with Beaumont Ave. and 700 block of Melrose Ave. residential parking zones.
- Resolution 0007-26 — passed (11-0): Change street names and property addresses for multiple properties across Lexington.
- Resolution 0008-26 — passed (11-0): Authorize increased reimbursement to Ky. Transportation Cabinet by $56,957.76 for Newtown Pike Extension project.
- Resolution 0009-26 — passed (11-0): Declare property at 183 and 183½ Old Georgetown St. as surplus and authorize sale/transfer.
- Resolution 0010-26 — passed (11-0): Authorize extension of FY 2008 Fiber Optic Cable Installation Project through July 9, 2012, at no cost.
- Resolution 0011-26 — passed (11-0): Ratify probationary civil service appointments and approve unclassified appointments and pay increases.
- Resolution 0012-26 — passed (11-0): Authorize acceptance of donation of Victorian couch and chair from Ms. Wanda Shepherd for Bell House.
- Resolution 0013-26 — passed (11-0): Authorize Facility Usage Contract with Fayette County Board of Education for Extended School Program.
- Resolution 0014-26 — passed (11-0): Authorize Lease Agreements with multiple organizations for use of Black and Williams Neighborhood Center.
- Resolution 0015-26 — passed (11-0): Authorize execution of Certificates of Consideration and deeds for Crimson King/Coldstream Stormwater Improvement Project up to $975,000.
- Resolution 0016-26 — passed (11-0): Establish Residential Parking Permit Program for 400 block of South Upper St. (7 a.m. to 5 p.m., Mon–Fri), waiving design mechanics.
- Resolution 0017-26 — passed (11-0): Establish Residential Parking Permit Program for Lexington Ave. (257 to East Maxwell St., 24/7), waiving design mechanics.
- Resolution 0018-26 — passed (11-0): Suspend rules to give second reading to Resolution 0018-26 (amend Granicus agreement for web-streaming and voting system).
- Resolution 0018-26 — passed (11-0): Amend Resolution No. 149-2011 to include monthly support and maintenance for web-streaming and Council Chamber voting system, and two monthly license fees.
- Resolution 0025-26 — passed (11-0): Authorize conditional offers to Lauren Bolender and Anthony Link for probationary civil service appointments.
- Resolution 0028-26 — passed (11-0): Authorize installation of multi-way stop controls at intersection of Dunkirk Dr. and Londonderry Dr.
- Resolution 0029-26 — passed (11-0): Approve Fayette County Sheriff’s Settlement for 2010 taxes and grant quietus.
- Resolution 0030-26 — passed (11-0): Approve Fayette County Sheriff’s Settlement for 2010 taxes and grant quietus.
- Resolution 0031-26 — passed (11-0): Authorize agreement with Bluegrass Community Foundation for $700 for Urban County Council Office.