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Council Work Session

October 11, 2011 · 15,279 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on October 11, 2011, at 3:00 p.m., with Mayor Jim Gray presiding. The council addressed 19 agenda items during the session, taking 9 motions and votes. The meeting included 10 public comments and featured presentations honoring Junior Fire Chief Jaydasha Robinson and providing a redistricting update from the Special Committee of the Whole.

The council approved the majority of items on the agenda, including authorizations for various contracts and agreements. These included a change order with Gooch Construction for the Dixie Pump Station and Force Main Upgrade; facility usage and service agreements with the Fayette County Board of Education, Bluegrass State Games, Inc., and the Fayette County Cooperative Extension District Board; and an agreement with Columbia Gas for a natural gas training simulator at the Fire Training Academy. The council also approved a flu vaccination agreement with Kroger Limited Partnership and authorized an agreement with the Commonwealth Attorney's Office for prosecutor services under the Justice Assistance Grant for FY 2012.

Additionally, the council approved three authorizations to accept federal funding awards: from the U.S. Department of Justice for the Cops Hiring Program and the Office on Violence Against Women for the LFUCG Arrest Policies Project, and from the Kentucky Transportation Cabinet under the Scenic Byways and Highways Program for the Old Frankfort Pike Corridor Management Plan. The council also approved the release of easements on properties at 2387 Merluna Drive and 2010 Harrodsburg Road, accepted Information Station Specialists, Inc., as a sole source for AM radio equipment purchase under the CSEPP, and approved an amendment to the Code of Ordinances regarding a Citizens Advocate position.

A resolution on goals and objectives from the Planning Commission received a first reading, and the redistricting presentation was deferred. Council reports were also presented as informational items.

Attendance

Present: - Mayor Jim Gray - Vice Mayor Gordon - Councilmember Farmer - Councilmember Ellinger - Councilmember Beard - Councilmember Stinnett - Councilmember Lane - Councilmember Lawless - Councilmember Henson - Councilmember Martin - Councilmember Myers - Councilmember Blues - Councilmember McCord - Councilmember Wallace

Absent: - Councilmember Crosbie

Votes and Decisions

All motions brought before the council on October 11, 2011, passed unanimously.

Motion 32-11: Resolution 32 Referral 7:18 Councilmember Farmer moved to place Resolution 32 under Resolutions First Reading into the Planning & Public Works Committee. Vice Mayor Gordon seconded. The motion passed unanimously.

Motion 32-11: Docket Approval 8:20 Councilmember Ellinger moved to approve the docket as amended. Vice Mayor Gordon seconded. The motion passed unanimously.

Motion 32-11: Meeting Summary Approval 9:23 Councilmember Beard moved to approve the summary from the September 27, 2011, meeting. Councilmember Farmer seconded. The motion passed unanimously.

Motion 32-11: Budget Amendments 21:29 Councilmember Farmer moved to approve budget amendments. Councilmember Ellinger seconded. The motion passed unanimously.

Motion 32-11: New Business A–N 22:01 Councilmember Ellinger moved to approve New Business A–N. Vice Mayor Gordon seconded. The motion passed unanimously.

Motion 32-11: Redistricting Proposal 39:31 Vice Mayor Gordon moved to place the redistricting proposal on the docket for October 13, 2011. Councilmember Lane seconded. The motion passed unanimously.

Motion 32-11: Collective Bargaining Agreement 1:12:47 Vice Mayor Gordon moved to accept the collective bargaining agreement between LFUCG and the Professional Fire Fighters. Councilmember Myers seconded. The motion passed unanimously.

Motion 32-11: Neighborhood Development Fund 1:43:29 Vice Mayor Gordon moved to approve the Neighborhood Development Fund (NDF) list. Councilmember McChord seconded. The motion passed unanimously.

Motion 32-11: Mayor's Report 1:44:31 Councilmember Lane moved to approve the Mayor's report. Councilmember Blues seconded. The motion passed unanimously.

Budget and Financial Actions

The meeting included authorization for the following financial and contractual actions:

Contracts and Agreements

  • Resolution 362-11: Authorization to execute Change Order No. 1 with Gooch Construction for the Dixie Pump Station and Force Main Upgrade
  • Resolution 360-11: Authorization to enter into a Facility Usage Contract between Fayette County Board of Education and LFUCG for rental of the Norsworthy Auditorium
  • Resolution 366-11: Authorization to enter into the Purchase of Service Agreement with the Bluegrass State Games, Inc. for FY12
  • Resolution 355-11: Authorization to enter an agreement between the Fayette County Cooperative Extension District Board and LFUCG for acceptance of a building and concession agreement
  • Resolution 367-11: Authorization to approve an agreement with Columbia Gas to install and maintain a natural gas training simulator at the Fire Training Academy
  • Resolution 357-11: Authorization to execute agreement with Kroger Limited Partnership | Mid South Division for flu vaccinations for all LFUCG employees at $18.00 per vaccination
  • Resolution 354-11: Authorization to execute agreement with the Commonwealth Attorney's Office for provisions of 'Fast Track' prosecutor services under the Justice Assistance Grant - FY 2012

Grants

  • Resolution 365-11: Authorization to accept award of federal funds from the U.S. Department of Justice, Cops Hiring Program
  • Resolution 363-11: Authorization to accept award of federal funds from the U.S. Department of Justice, Office on Violence Against Women for continuation of the LFUCG Arrest Policies Project
  • Resolution 359-11: Authorization to accept award of federal funds from Kentucky Transportation Cabinet under the Scenic Byways and Highways Program for the Old Frankfort Pike Corridor Management Plan

Purchases and Amendments

  • Resolution 364-11: Authorization to accept Information Station Specialists, Inc., as a sole source for purchase of AM radio equipment and installation under the CSEPP
  • Resolution 361-11: Authorization to approve a Release of Easement for a streetlight easement on property at 2387 Merluna Drive
  • Resolution 356-11: Authorization to approve Quitclaim Deed and Release of Easement for a utility easement on property at 2010 Harrodsburg Road
  • Resolution 358-11: Authorization to amend Section 22-5 of the Code of Ordinances abolishing one position of Citizens Advocate and creating one position of Citizens Advocate PIT

Public Comment

Council members and the Vice Mayor made announcements and raised concerns during the public comment period.

Vice Mayor Gordon noted that the Bourbon Chase Run blocked access to the Coldstream dog park without signage and requested that administration review the route to prevent future closures 1:17:26.

Councilmember Blues announced the addition of 102 shade and flowering trees, 51 evergreens, 277 large shrubs, and 750 low-flowering shrubs along Newtown Pike, funded through a transportation enhancement grant 1:20:50. Blues also announced Free Flu Friday at the Health Department on October 14 and the Treasure Finders program at Douglas Park on the same day to return unclaimed property 1:22:37.

Councilmember McCord praised the success of the Bourbon Chase and Second Sunday event, noting that it transformed a negative media portrayal into a citywide call to action for health and fitness 1:25:11.

Councilmember Lawless reminded residents of a free household waste disposal day at the dump and announced a community planting event at Goodrich Park featuring 1,700 perennials 1:31:08.

Councilmember Farmer requested a presentation on changes to the E911 system, expressing concern about learning of the changes through newspaper coverage rather than through official council channels 1:33:17.

Councilmember Henson announced upcoming meetings for apartment managers and the American Burley Avenue neighborhood, inviting at-large council members to attend a park planning discussion 1:35:26.

Councilmember Stinnett raised two concerns: plans to fill the vacant Citizen Advocate position and the announcement of the 911 center location in the press before Council was informed 1:37:07.

Councilmember Lane announced the grand opening of Heisel Farm Park and thanked Jerry Hancock and his team, recognizing the Heisel family for donating the land 1:39:43.

Councilmember Martin shared updates on the closing of Moondance at Midnight Pass and announced a volunteer opportunity to help identify unclaimed property at the Beaumont Inn 1:41:56.

Appointments

The following appointment was made during this meeting:

  • Lori Houlihan was appointed to the Mayor's Office.

Contested Items

The October 11, 2011 meeting included three significant areas of disagreement among council members and the public.

E911 System Changes

Council members engaged in heated discussion regarding changes to the E911 system. The primary concern centered on the timing and transparency of the announcement process. Council members expressed frustration that changes were announced to the press before the Council itself was formally informed. In response to these concerns, Council called for a formal presentation on the E911 system changes to ensure proper transparency and allow for adequate review before implementation.

Redistricting Process

The redistricting proposal generated considerable community interest and opposition. The public response prompted the Council to take action by scheduling dedicated public comment time for the redistricting issue in upcoming meetings. This allocation of formal comment periods reflected the Council's recognition of the significant public concern surrounding the redistricting proposal.

Firefighters' Contract and Overtime

The firefighters' contract ultimately received approval, but the vote was not unanimous. Several council members raised substantive concerns about the contract's implications for operations. Specifically, these members worried about the impact on overtime and operational capacity. A particular point of concern was the reduction in paramedic training classes included in the contract terms. Despite these reservations, the contract was approved, though the split vote reflected the ongoing disagreement about whether the terms adequately protected the city's operational needs.

Resolution: Goals and Objectives from Planning Commission

7:18

Councilmember Farmer moved to place the Planning Commission's goals and objectives into the Planning & Public Works Committee for further review. The motion passed without dissent.

The resolution proceeded to first reading.

Authorization to execute Change Order No. 1 with Gooch Construction for the Dixie Pump Station and Force Main Upgrade

25:18

The board considered authorization to execute Change Order No. 1 with Gooch Construction for the Dixie Pump Station and Force Main Upgrade (Agenda Item 362-11).

Charlie presented the change order, which was necessitated by increased hydraulic flow requirements for the project. The primary modification involved the addition of a third pump to the system. According to the presentation, the need for this addition resulted from an underestimation of system capacity during the initial design phase.

No concerns or objections were raised during the discussion. The motion to approve the change order passed without dissent.

Authorization to approve a Release of Easement releasing a streetlight easement

Agenda Item 361-11

The meeting included consideration of a release of easement for a streetlight easement located on property at 2387 Merluna Drive. This authorization would remove the public streetlight easement from the private property, allowing the property owner to proceed with development without interference from public lighting infrastructure.

The item was approved by the body.

Authorization to approve Quitclaim Deed and Release of Easement releasing a utility easement on property located at 2010 Harrodsburg Road

This agenda item (356-11) involved approval of a Quitclaim Deed and Release of Easement to release a utility easement on property located at 2010 Harrodsburg Road.

The authorization was approved, allowing for the release of the utility easement on the private property. This action facilitates future development and land use changes for the affected property.

Authorization to accept Information Station Specialists, Inc., as a sole source

The board considered agenda item 364-11, which sought authorization to accept Information Station Specialists, Inc., as a sole source for the purchase of AM radio equipment and installation under the Chemical Stockpile Emergency Preparedness Program (CSEPP).

The procurement was approved based on the urgency of the need and specific technical requirements that necessitated sole-source purchasing rather than competitive bidding. The AM radio equipment and installation services were determined to be essential for the CSEPP's emergency preparedness objectives.

The board voted to approve this sole-source procurement authorization.

Authorization to enter into a Facility Usage Contract between Fayette County Board of Education and LFUCG

Item 360-11

The Board approved a facility usage contract between the Fayette County Board of Education and the Lexington-Fayette Urban County Government (LFUCG) for the rental of the Norsworthy Auditorium.

Under the terms of the contract, the Fayette County Board of Education will use the Norsworthy Auditorium for a children's program. The arrangement carries no cost to the County.

Outcome: The contract was approved.

Authorization to enter into the Purchase of Service Agreement with the Bluegrass State Games, Inc. for FY12

The meeting addressed agenda item 366-11, which sought authorization to enter into a Purchase of Service Agreement with Bluegrass State Games, Inc. for fiscal year 2012.

The agreement was designed to support community sports and recreation programs through the Bluegrass State Games organization.

The item was approved by the body.

Authorization to enter an agreement between the Fayette County Cooperative Extension District Board and the LFUCG for acceptance of a building and concession agreement

Agenda Item 355-11

The board considered and approved a building and concession agreement between Fayette County and the Cooperative Extension District Board. The agreement enables shared use of facilities between the two entities.

Outcome

The authorization was approved.

Authorization to approve an agreement with Columbia Gas to install and maintain a natural gas training simulator at the Fire Training Academy

Agenda Item 367-11

The meeting included consideration of a no-cost agreement with Columbia Gas to install and maintain a natural gas training simulator at the Fire Training Academy.

Agreement Details

The proposed agreement with Columbia Gas would provide for the installation and maintenance of a natural gas training simulator at the Fire Training Academy at no cost to the city.

Outcome

The authorization was approved.

Authorization to execute an Agreement for flu vaccinations for all LFUCG employees

The Lexington-Fayette Urban County Government (LFUCG) approved a contract with Kroger Limited Partnership | Mid South Division to provide flu vaccinations for all LFUCG employees.

Contract Details

The agreement establishes a flu vaccination program at a cost of $18 per shot. The initiative aims to protect employees from influenza while reducing employee absenteeism.

Outcome

The authorization was approved.

Authorization to execute agreement with the Commonwealth Attorney's Office for provisions of 'Fast Track' prosecutor services under the Justice Assistance Grant - FY 2012

Agenda Item 354-11

The meeting included consideration of a partnership agreement with the Commonwealth Attorney's Office to provide "Fast Track" prosecutor services under the Justice Assistance Grant for fiscal year 2012. This initiative was designed to improve case processing efficiency through expedited prosecution services.

Outcome

The authorization to execute the agreement was approved.

Authorization to accept award of federal funds from the U.S. Department of Justice, Cops Hiring Program

Agenda Item 365-11

Mr. Reed presented the authorization to accept federal funds from the U.S. Department of Justice Cops Hiring Program 22:33. The program provides federal funding to support law enforcement hiring initiatives.

Funding Purpose

The awarded federal funds are designated to support law enforcement hiring, with the resources allocated for equipment and training purposes.

Outcome

The authorization was approved.

Authorization to accept award of federal funds from the U.S. Department of Justice, Office on Violence Against Women for continuation of the LFUCG Arrest Policies Project

Agenda Item 363-11

The body approved acceptance of federal funding from the U.S. Department of Justice, Office on Violence Against Women to continue the LFUCG Arrest Policies Project.

Project Overview

The continuation award supports the Arrest Policies Project, which focuses on improved police accountability and policy development.

Outcome

The authorization was approved.

Authorization to accept award of federal funds from Kentucky Transportation Cabinet

The meeting included consideration of agenda item 359-11, which addressed authorization to accept federal funding from the Kentucky Transportation Cabinet under the Scenic Byways and Highways Program for the Old Frankfort Pike Corridor Management Plan.

The item was approved. The authorization included acceptance of the federal award and approval of a sub-recipient agreement with Lexington-Frankfort Scenic Corridor, Inc.

No additional details regarding key speakers, specific discussion points, concerns raised, or debate on this item are available in the meeting record.

Authorization to amend Section 22-5 of the Code of Ordinances abolishing one position of Citizens Advocate and creating one position of Citizens Advocate PIT

Agenda Item 358-11

The council considered an amendment to Section 22-5 of the Code of Ordinances to restructure the Citizens Advocate office. The proposed change would eliminate one position of Citizens Advocate and establish one new position of Citizens Advocate PIT in its place.

Key Speakers

Jarvis and Graham participated in the discussion of this agenda item.

Outcome

The amendment was approved.

Presentation: Honoring Junior Fire Chief Jaydasha Robinson

The council presented and honored Jaydasha Robinson, a fifth grader at William Wells Brown Elementary, as the 2011 Junior Fire Chief. Mayor Jim Gray and Battalion Chief Marshall Griggs led the presentation, which highlighted Robinson's poster contest entry on fire safety.

The presentation included a formal proclamation recognizing Robinson's achievement and contributions to fire safety awareness. No concerns were raised during the agenda item, and the proclamation was approved.

Presentation: Redistricting Update from Special Committee of the Whole

36:24

Vice Mayor Gordon presented a redistricting proposal to the council, which included a new map and proposed precinct changes. The presentation covered the work of the Special Committee of the Whole on this matter.

Following the presentation, Vice Mayor Gordon moved to place the redistricting ordinance on the docket for the October 13 meeting. Councilmember Lane participated in the discussion of this agenda item.

The motion to place the redistricting ordinance on the October 13 docket passed without dissent.

The item was deferred, with the redistricting matter scheduled for further consideration at the subsequent council meeting.

Presentation: Collective Bargaining Agreement with Professional Fire Fighters

41:10

The Council reviewed a negotiated collective bargaining agreement with the Professional Fire Fighters. Key speakers on this agenda item included Joe Schaller, Chief Jordan, and Commissioner Graham.

The presentation covered the terms of the agreement, which included:

  • Wage freezes
  • Reduced benefits
  • Staffing changes
  • Operational efficiencies

The agreement was presented to the Council for consideration and was subsequently approved.

Council Reports

During this informational agenda item, council members provided updates on various committee activities 30:25.

Committee Updates

Council members reported on the following committees:

  • General Government
  • Public Safety
  • Budget & Finance
  • Special Committee of the Whole

Key Speakers

The following council members participated in providing reports:

  • Councilmember Lane
  • Councilmember Lawless
  • Councilmember Ellinger
  • Vice Mayor Gordon

Outcome

No motions were made during this discussion. The item served as an informational update for the council and public on ongoing committee work.

Decisions

  • 32-11 — passed: Motion to place Resolution 32 under Resolutions First Reading into the Planning & Public Works Committee
  • 32-11 — passed: Motion to approve the docket as amended
  • 32-11 — passed: Motion to approve the summary from the September 27, 2011, meeting
  • 32-11 — passed: Motion to approve budget amendments
  • 32-11 — passed: Motion to approve New Business A–N
  • 32-11 — passed: Motion to place redistricting proposal on the docket for October 13, 2011
  • 32-11 — passed: Motion to accept the collective bargaining agreement between LFUCG and the Professional Fire Fighters
  • 32-11 — passed: Motion to approve the Neighborhood Development Fund (NDF) list
  • 32-11 — passed: Motion to approve the Mayor's report