Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on November 3, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council addressed 22 agenda items during the meeting, taking 32 motions and votes. The body heard 1 public comment and received 1 informational presentation.

The council approved two ordinances: one creating Chapter 9A of the Code of Ordinances pertaining to fireworks, and another creating and establishing a non-exclusive telecommunications franchise for bid. The remaining 20 agenda items were advanced to first reading, including multiple resolutions accepting bids for supplies and services, authorizing agreements and grant applications, and ratifying civil service appointments. Notable first-reading items included resolutions for the McConnell's Trace Greenways Restoration Project, the Lexington Streetscape Phase One change order, and emergency preparedness grant acceptance. The council also considered personnel matters, including the temporary appointment of Darylyn Combs as part-time Citizens' Advocate and the ratification of Sarah Hamilton's unclassified civil service appointment. The meeting opened with a presentation recognizing the 2011 World Series Champions from Lexington Cal Ripken Baseball Teams.

Attendance

Present: Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Beard

Absent: Crosbie

Late: None

Votes and Decisions

Ordinance 0135-2011: Fireworks Ordinance Amendment 14:41 An amendment to the fireworks ordinance to allow variance for display fireworks based on noise impact and community benefit was moved by Stinnett and seconded by Gorton. The motion passed 13-1 on a roll call vote. Those voting in favor were Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, McChord, Myers, Stinnett, and Beard. Martin voted against.

Ordinance 0135-2011: Second Reading and Approval 18:30 The second reading and approval of the fireworks ordinance (Chapter 9A) as amended was moved by Myers and seconded by Beard. The motion passed 13-1 on a roll call vote with the same voting pattern as the first reading: Blues, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, McChord, Myers, Stinnett, and Beard in favor; Martin opposed.

Ordinance 0132-2011: Zoning Change for 564 Asbury Ln. 18:30 A zoning change from R-1D to R-3 with conditional use permit for 564 Asbury Ln. was moved by Myers and seconded by Beard. The motion passed unanimously 14-0 on a roll call vote.

Ordinance 0133-2011: Professional Office Building Signage 18:30 An amendment to allow a third wall-mounted sign in professional office buildings with two frontages was moved by Myers and seconded by Beard. The motion passed unanimously 14-0.

Ordinance 0134-2011: Code Enforcement Amendment 18:30 An amendment to limit enforcement to public safety hazards and reduce the civil penalty from $1,000 to $500 was moved by Myers and seconded by Beard. The motion passed unanimously 14-0.

Ordinance 0137-2011: Telecommunications Franchise Ordinance 23:19 The second reading and approval of the telecommunications franchise ordinance after rule suspension was moved by Ellinger and seconded by Myers. The motion passed 13-1 on a roll call vote. Those voting in favor were Blues, Ellinger, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Beard. Farmer voted against.

Multiple Resolutions Passed Unanimously 29:59 Resolutions 0001-2011 through 0018-2011 were approved on second reading, all passing unanimously 14-0. These included bid acceptances, service agreements, street name changes, civil service appointments, and various contracts. All were moved by Gorton and seconded by Ellinger, except Resolution 0023-2011, which was moved by Blues and seconded by Gorton, passing 13-0.

Additional Resolutions 49:57 Resolutions 0030-2011, 0031-2011, 0034-2011, 0035-2011, 0036-2011, and 0037-2011 all passed on second reading with 13-0 votes.

Budget and Financial Actions

The meeting approved nine financial actions totaling $497,188.65 in contracts and grants:

Contracts

• Resolution 0002-2011: $78,424.82 to MMI of KY for a portable heating system for the municipal recycling facility
• Resolution 0012-2011: $5,650 to The Lamar Companies for Smart 911 billboard advertisements
• Resolution 0013-2011: $6,535 to Advertising Vehicles for advertising space rental for Smart 911 on Lextran buses
• Resolution 0035-2011: $7,818 to IKON Office Solutions, Inc. for copier upgrade and maintenance services
• Resolution 0037-2011: $46,902.56 to Burdette Construction, Inc. for Warfield Place entrance wall construction
• Resolution 0020-2011: $90,827.80 to Advanced Mulching Technologies, Inc. for the McConnell's Trace Greenways Restoration Project
• Resolution 0032-2011: $2,500 to Hyatt Regency Lexington for a Bluegrass Invitational Tournament group sales agreement

Grants

• Resolution 0028-2011: $138,921.33 from the Kentucky Energy and Environment Cabinet for litter abatement program continuation
• Resolution 0029-2011: $119,108.21 from the Kentucky Department of Military Affairs, Division of Emergency Management for emergency preparedness activities support

Public Comment

52:08

Lawless addressed the council regarding two matters of public interest.

First, Lawless announced upcoming Veterans Day events, including a Veterans Day parade and a 5K run.

Second, Lawless raised safety concerns about the Woodland Triangle intersection. Lawless invited public input on this matter and offered to send materials detailing proposed solutions to address the safety issues at this location.

Appointments

The following appointments and reappointments were made:

Reappointments: - Richard F. Curtis was reappointed to the Animal Care and Control Oversight Committee - Lucy Pett was reappointed to the Carnegie Literacy Center Board of Directors - Becky L. Reinhold was reappointed to the Convention & Visitors Bureau Board of Directors

New Appointments: - Terona Cobble-Johnson was appointed to the Domestic Violence Prevention Board - Sara M. Fick was appointed to the Masterson Station Park Advisory Board - Jessi L. Roberts was appointed to the Raven Run Citizens Advisory Board - Elizabeth A. Frank was appointed to the Senior Services Commission

Contested Items

Rule Suspension for Second Readings

A procedural dispute arose during the meeting regarding multiple motions to suspend rules for second readings. Several motions were introduced, primarily aimed at expediting time-sensitive projects including easement releases and construction work.

The core disagreement centered on the appropriateness of bypassing standard procedures through rule suspension. While proponents argued that suspension was necessary to accelerate projects with time-sensitive requirements, there was discussion among participants about whether circumventing established procedural steps was justified in these cases.

The contested items involved various projects that required expedited handling, with the rule suspensions intended to allow second readings to proceed without following the typical procedural timeline. However, the meeting included debate over whether these circumstances warranted departing from standard governance procedures.

Presentation: 2011 World Series Champions - Lexington Cal Ripken Baseball Teams

2:39

The Mayor and Council honored the Southeastern Lexington Cal Ripken 10- and 12-year-old All-Star teams for their achievement in winning the Cal Ripken World Series. The teams were recognized during the meeting with a formal presentation.

Key Speakers: - Mayor Gray - Terry Johnson

Recognition: The Mayor and Council presented the teams with a proclamation recognizing their World Series championship accomplishment. This formal recognition acknowledged the success of both the 10-year-old and 12-year-old All-Star teams from the Southeastern Lexington Cal Ripken program.

Outcome: The presentation was informational in nature, serving as an official recognition of the teams' achievements by the city government.

Ordinance creating Chapter 9A of the Code of Ordinances pertaining to fireworks

The council considered an ordinance to establish Chapter 9A of the Code of Ordinances, creating comprehensive regulations for fireworks use within the jurisdiction 14:41.

Provisions

The ordinance established multiple regulatory requirements for fireworks, including:

• Time restrictions on when fireworks could be used
• Age limits for individuals purchasing or using fireworks
• Designated safety zones where fireworks were prohibited or restricted
• Permit requirements for certain fireworks activities
• Penalties for violations of the regulations

Amendment

An amendment was added to the ordinance to allow for variance requests related to display fireworks. This variance provision would permit exceptions to the standard regulations based on considerations of noise impact and community benefit.

Outcome

The ordinance was approved by the council. Stinnett was the key speaker presenting or discussing the measure during the meeting.

Ordinance creating and establishing for bid a non-exclusive telecommunications franchise

Overview

The council considered an ordinance to create and establish a non-exclusive telecommunications franchise for bid. 21:48

Key Details

The ordinance established a 12-month telecommunications franchise with a possible six-month extension. The franchise outlined specific requirements for construction, permits, and compliance with applicable regulations.

Discussion and Action

Ellinger presented the ordinance to the council. To expedite the process, the rules were suspended to allow the ordinance to proceed to second reading during the same meeting.

Outcome

The ordinance was approved.

Resolution accepting bid for office supplies

30:30

The council considered a resolution to accept a bid for office supplies across all departments. Marcum presented the item, which involved selecting from nine bids submitted for a price contract on office supplies.

The resolution resulted in awarding the contract to Staples Advantage, which submitted the lowest bid among the nine proposals received.

The item advanced to first reading.

Resolution accepting bid for McConnell's Trace Greenways Restoration Project

30:30

This resolution accepted a bid from Advanced Mulching Technologies, Inc. for the McConnell's Trace Greenways Restoration Project. The resolution authorized the Mayor to execute the agreement with the selected bidder.

Rayan presented this agenda item to the body. The resolution proceeded to a first reading.

Resolution accepting bids for refuse collection truck parts

30:30

The council considered a resolution to accept multiple bids for price contracts on refuse collection truck parts. Baradaran presented this agenda item to the council.

The resolution involved four bidders competing for the refuse collection truck parts contracts. The council reviewed and discussed the bid proposals as part of the standard procurement process.

The resolution received a first reading during this meeting.

Resolution accepting bid for leaf and yard waste transportation

30:30

The council considered a resolution to accept a bid for leaf and yard waste transportation services. Feese presented this agenda item to the body.

The resolution approved a price contract with Republic Services of Ky., LLC, for the transportation of leaf and yard waste.

The item received a first reading during this meeting.

Resolution authorizing conditional offers to new civil service hires

30:30

This resolution authorized conditional offers of employment to new civil service hires across various departments. The conditional offers were contingent upon the successful completion of medical examinations, with probationary periods to begin following the medical clearance process.

Jarvis presented the resolution to the body. The measure addressed the hiring of multiple new employees in different departmental positions within the civil service system.

The resolution received a first reading and was moved forward in the legislative process.

Resolution ratifying probationary civil service appointments

30:30

This resolution ratified probationary appointments for several employees across multiple city departments, including Parks and Recreation, Police, and other departments.

Jarvis presented the resolution to the body. The resolution received a first reading and was moved forward in the legislative process.

Resolution authorizing agreement with Bluegrass Community Action Partnership

The council considered a resolution to authorize an agreement with Bluegrass Community Action Partnership for council support services. The agreement amount was $925.

Williams presented this agenda item 30:30.

The resolution received a first reading.

Resolution expressing intent to accept Derby Landing into public right-of-way

30:30

A resolution was presented expressing the government's intent to accept Derby Landing into the public right-of-way. The acceptance was contingent upon the submission and recording of an amended subdivision plan.

Taylor addressed this agenda item during the meeting. The resolution received a first reading, meaning it was introduced but not yet voted on for final passage. No additional details regarding specific concerns, debate points, or conditions were documented in the available meeting materials.

Resolution authorizing change order for Lexington Streetscape Phase One

30:30

This resolution authorized a change order increasing the contract for the Lexington Streetscape Phase One project by $14,771.75.

Taylor presented the item to the body. The resolution received a first reading and was not advanced further at this meeting.

Resolution authorizing grant application for litter abatement program

This resolution authorized the Mayor to submit a grant application to the Kentucky Energy and Environment Cabinet for $138,921.33 to continue the litter abatement program. 30:30

The item was presented by Gooding/Taylor and advanced to first reading.

Resolution authorizing acceptance of emergency preparedness grant

30:30

The council considered a resolution to authorize acceptance of a federal emergency preparedness grant in the amount of $119,108.21. The grant required a local match contribution from the municipality.

Gooding/Mason presented the resolution to the council. The discussion focused on the terms of the federal grant and the local funding commitment necessary to receive the federal funds.

The resolution received a first reading during this meeting, meaning it was introduced but not yet adopted. A first reading typically allows the council to review the proposal before taking final action at a subsequent meeting.

Resolution authorizing partial release of detention easement

30:30

The council considered a resolution to authorize the partial release of a detention easement on property at 158 Louie Place. Graham presented this agenda item to the council.

The resolution moved forward on first reading.

Resolution authorizing release of sanitary sewer and partial detention easement

30:30

This resolution authorized the release of a sanitary sewer easement and partial release of a detention easement on property located at 1758 Hatter Ln.

Graham presented this agenda item to the council. The resolution addressed the removal of easement restrictions on the specified property, allowing for the release of the full sanitary sewer easement and a partial release of the detention easement.

The item received a first reading during this meeting, meaning the resolution was introduced and read but not yet adopted. A first reading typically allows for initial discussion and review before the measure proceeds to subsequent readings and final approval.

Resolution authorizing group sales agreement for Bluegrass Invitational Tournament

This resolution authorized a $2,500 group sales agreement with Hyatt Regency Lexington for the 2012 Bluegrass Invitational Tournament. 30:30

Hancock presented the item to the body. The agreement with Hyatt Regency Lexington established terms for group accommodations related to the tournament event scheduled for 2012.

The resolution received a first reading and was advanced accordingly.

Resolution authorizing facility usage agreements for youth baseball

This resolution authorized agreements with various youth fall baseball leagues for facility use. 30:30

Presenter and Discussion

Hancock presented this agenda item to the body.

Outcome

The resolution advanced to first reading.

Resolution temporarily appointing Darylyn Combs as part-time Citizens' Advocate

This resolution temporarily appointed Darylyn Combs to the interim position of part-time Citizens' Advocate, effective November 7, 2011.

Gorton presented the item 36:13. The resolution established a temporary appointment to fill the Citizens' Advocate role on a part-time basis, with Combs's appointment effective as of November 7, 2011.

The item received a first reading.

Resolution authorizing master maintenance agreement with IKON Office Solutions

36:13

This resolution authorized a copier upgrade and maintenance agreement with IKON Office Solutions for the Council office.

Gorton presented the item to the Council. The resolution addressed the need for a master maintenance agreement to cover copier services and upgrades for the Council's office operations.

The item received a first reading, moving forward in the legislative process for further consideration.

Resolution ratifying unclassified civil service appointment of Sarah Hamilton

This resolution ratified the unclassified civil service appointment of Sarah Hamilton as Commissioner of General Services, effective November 21, 2011. 39:02

Key Speakers

The discussion involved Moloney and Barberie.

Outcome

The resolution received a first reading.

Resolution accepting bid for Warfield Place entrance wall

39:37

This resolution authorized acceptance of a bid from Burdette Construction, Inc. for work on the Warfield Place entrance wall and empowered the Mayor to execute the resulting agreement.

Ford presented this agenda item to the body. The resolution received a first reading during this meeting.