Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on November 17, 2011, at 6:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council addressed 15 agenda items, taking 21 motions and votes during the session. Two members of the public provided comments during the meeting.

The council approved nine ordinances and resolutions, including measures to amend budgets and re-appropriate funds (Schedule No. 43), approve facility usage policies for the Department of General Services, create positions in the Division of Waste Management, and declare sidewalks in Hamburg Place and Shetland Subdivision as dedicated to the Lexington-Fayette Urban County Government. Additional approvals included a lease agreement with Denham-Blythe Co., Inc. for a wellness center, a joint resolution endorsing the Bluegrass Economic Advancement Movement (BEAM), ratification of a settlement agreement in Public Service Commission Case No. 2011-00161, a facility usage contract with the Fayette County Board of Education, a lease agreement with Pilgrim Baptist Church for parking, and an engineering services agreement with Hazen & Sawyer, P.S.C.

Two resolutions received first readings: one accepting a bid for Black & Williams Center Energy Efficiency Improvements and another authorizing a statement of affiliation for the Fire Department's rescue team.

The meeting also included informational items, featuring a presentation by Lee Kiefer, a 2011 World Fencing Championships bronze medalist. The Mayor provided communications regarding resignations from Community Corrections, and the council made announcements recognizing National Alzheimer's Month and Nikki Finney's National Book Award.

Attendance

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

Absent: Crosbie

Late: None

Votes and Decisions

All votes were conducted by roll call and passed unanimously with 14 ayes, 0 nays, and 0 abstentions.

Ordinances

Ordinance 137-2011, amending budgets to reflect current municipal expenditures and re-appropriating funds (Schedule No. 43), was moved by Ellinger and seconded by Gorton. All 14 members voted in favor: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, and Blues. 7:37

Ordinance 138-2011, approving Department of General Services' policies for facility usage, including rent, leases, and operating expenses, was moved by Ellinger and seconded by Gorton and passed with the same unanimous vote. 7:37

Ordinance 139-2011, amending the Code of Ordinances to create one Safety Specialist and one Administrative Specialist Sr. in the Division of Waste Management, was moved by Ellinger and seconded by Gorton and passed unanimously. 7:37

Ordinance 140-2011, declaring portions of sidewalks in Hamburg Place Community and Shetland Subdivision dedicated to LFUCG as public rights-of-way, was moved by Stinnett and seconded by Beard and passed unanimously. 11:52

Resolutions

Resolutions 490-2011 through 501-2011 were moved by Beard and seconded by Gorton, passing unanimously. These included: accepting bids from Staples Advantage for office supplies, Advanced Mulching Technologies for McConnell's Trace Greenways Restoration Project, multiple vendors for refuse collection truck parts, and Republic Services for leaf and yard waste transportation; ratifying probationary civil service appointments for Gerald Parker, Clayton Roberts, Matthew Greathouse, and Todd Phillips; authorizing an agreement with Bluegrass Community Action Partnership; expressing intent to accept Derby Landing into public right-of-way; authorizing Change Order No. 2 for the Vine Street Streetscape Project; authorizing a grant application for the Litter Abatement Program; accepting a federal grant for emergency preparedness; authorizing a group sales agreement with Hyatt Regency Lexington for the 2012 Bluegrass Invitational Tournament; and authorizing facility usage agreements with youth fall baseball leagues. 17:42

Resolutions 502-2011 through 504-2011 were moved by McCord and seconded by Ellinger, passing unanimously. These authorized a conditional offer to Michelle Long for Records Management Analyst position, Change Order No. 2 for the Clays Mill Road Improvements Project, and ratified the Department of Law's settlement agreement in Public Service Commission Case No. 2011-00161. 37:14

Resolution 505-2011, accepting response from Denham-Blythe Co., Inc., and authorizing a lease agreement for a wellness center at 100 Trade Street, was moved by Henson and seconded by McCord and passed unanimously. 37:14

Resolution 506-2011, a joint resolution with Louisville Metro Council endorsing the Bluegrass Economic Advancement Movement (BEAM), was moved by Gorton and seconded by Blues and passed unanimously. 37:14

Budget and Financial Actions

The meeting approved multiple contracts, amendments, and grants totaling over $2.6 million in financial actions.

Construction and Infrastructure Projects

The body approved several construction-related contracts and amendments:

• McConnell's Trace Greenways Restoration Project with Advanced Mulching Technologies, Inc. for $90,827.80 (Resolution 491-2011)
• Black & Williams Center Energy Efficiency Improvements with Lagco, Inc. for $426,040 (Resolution 502-2011)
• Change Order No. 2 to Marrillia Design and Construction for Vine St. Streetscape Project for $14,771.75 (Resolution 497-2011)
• Change Order No. 2 to Woodall Construction Co. for Clays Mill Rd. Improvements Project for $23,405.43 (Resolution 503-2011)
• Change Order No. 2 to Charles Deweese Construction for W. Main St. Project for $3,272.25 (Resolution 507-2011)
• Change Order No. 2 (Final) to Marrillia Design and Construction for Maxwell St. Sidewalk and Bike Lane Project for $52,480.53 (Resolution 510-2011)
• Change Order No. 2 to Woodall Construction Co. for E. Main St. Streetscape Project for $60,601.05 (Resolution 508-2011)
• Change Order No. 3 to Woodall Construction Co. for E. Main St. Streetscape Project for $55,938.35 (Resolution 509-2011)

Professional Services and Agreements

• Engineering Services Agreement with Hazen & Sawyer, P.S.C. for CMOM deliverables for $287,500 (Resolution 511-2011)
• Amendment to agreement with AMEC Environment and Infrastructure, Inc. for Brownfield Site Assessment Services for $246,430 (Resolution 509-2011)
• Mobility Office Marketing Campaign for FY 2012 with Ad-Success for $44,400 (Resolution 508-2011)
• Paramedic Training Program Agreement with Jessamine County Emergency Medical Service at no cost (Resolution 507-2011)
• Statement of Work and Master Services Agreement with Global Compliance Services, Inc. for Fraud Tip Line for $5,175 (Resolution 510-2011)
• Agreement with Xavus Solutions, LLC for data collection program for Senior Center for $7,500 (Resolution 511-2011)

Facility and Lease Agreements

• Facility Usage Contract with Fayette County Board of Education for Winburn Middle School Gymnasium for $285.05 (Resolution 511-2011)
• Lease Agreement with Pilgrim Baptist Church for parking for $1,000 (Resolution 511-2011)
• National Safety Council DDC Private Sub-Agency Training Agreement with Tennessee Regional Safety Council, Inc. for $55 (Resolution 511-2011)

Grants Received

The body accepted multiple grants from state agencies:

• Kentucky Office of Homeland Security: $267,609 for Metropolitan Medical Response System (MMRS) and $360,800 for Special Operations, HazMat, and Technical Rescue Equipment (Resolution 510-2011)
• Kentucky Board of Emergency Medical Services: $11,000 for EMS equipment (Resolution 510-2011)
• Kentucky Division of Emergency Management: $8,000 for Dive/Water Rescue Program equipment (Resolution 510-2011)
• Kentucky Energy and Environment Cabinet: $138,921.33 for Litter Abatement Program (Resolution 498-2011)
• Kentucky Department of Military Affairs: $119,108.21 for emergency preparedness (Resolution 499-2011)

Public Comment

Two members of the public addressed the council during this meeting.

Postal Service Closure 1:26:32

Barry Marshall, representing the American Postal Workers Union, spoke about the planned closure of mail processing operations in Lexington. Mr. Marshall expressed concern over the significant job losses that would result from this closure. He also warned of reduced tax revenue and negative economic impact to the community. Mr. Marshall urged council support on this issue and referenced an upcoming public hearing related to the postal service closure.

Street Changes and Downtown Traffic 1:28:39

Bernard McCarthy addressed concerns about proposed street changes and downtown traffic management. Mr. McCarthy criticized the closure of public right-of-way and the proposed conversion of streets to two-way traffic, arguing that these changes would worsen traffic congestion. He questioned the value of consultant studies if decisions have already been made, suggesting that the outcome may be predetermined. Mr. McCarthy advocated for extending 5th Street as an alternative approach to improve connectivity in the downtown area.

Appointments

The following appointments were made during this meeting:

Appointed:

• Gerald Parker – Division of Parks and Recreation
• Clayton Roberts – Division of Police
• Matthew Greathouse – Division of Police
• Todd Phillips – Division of Police
• Winona Embry – Division of Accounting
• Karen Beatty – Division of Traffic Engineering
• Connie Hayes – Division of Purchasing

Conditional Offer:

• Michelle Long – Council Clerk's Office

Contested Items

Community Corrections Staffing and Resignations

Council members engaged in a heated discussion regarding a significant number of resignations from the Community Corrections division. The concerns centered on poor working conditions affecting staff retention, including the lack of meals provided during breaks and high stress levels resulting from staffing shortages. The interim director of the division addressed these issues and explained the operational challenges facing the department. In response, council members requested improved communication from the department going forward and indicated they would consider budget adjustments in future planning to address the underlying staffing and working condition problems.

Proposed Closure of Public Right-of-Way and Street Changes

Community opposition emerged regarding proposed changes to public infrastructure, specifically the closure of a public pathway and planned conversions of streets to two-way traffic patterns. A member of the public commented that these changes would negatively impact traffic flow and reduce connectivity within the community. The speaker also expressed skepticism about the decision-making process, questioning the value of consultant studies if administrative decisions had already been predetermined. This item reflected broader community concerns about transparency in infrastructure planning and the practical impacts of proposed street modifications.

Ordinance amending budgets to reflect current requirements and re-appropriating funds, Schedule No. 43

5:57

An ordinance to adjust the municipal budget for current expenditures and re-appropriate funds was presented to the council. The measure, identified as Schedule No. 43, addressed necessary budget modifications to reflect ongoing municipal requirements.

Key speakers on this agenda item included Ellinger and Gorton, who participated in the discussion of the proposed budget adjustments.

The ordinance was brought forward for consideration and discussion by the council members present. No specific concerns or objections were raised during the deliberation.

Outcome

The ordinance was approved unanimously by roll call vote, allowing the budget adjustments and fund re-appropriations to proceed as proposed.

Ordinance approving Department of General Services' policies for facility usage

This ordinance established policies governing the use of facilities under the Department of General Services, addressing key operational and financial matters. 5:57

Content and Purpose

The ordinance set standardized policies for facility usage, including provisions for fair market rent determinations, clarification of operating expense responsibilities, and lease standardization across facilities.

Key Speakers

The discussion was led by Ellinger and Gorton.

Outcome

The ordinance passed unanimously.

Ordinance creating positions in the Div. of Waste Management

The council considered an ordinance to create two new positions within the Division of Waste Management 5:57. The proposed positions were:

• One Safety Specialist
• One Administrative Specialist Sr.

Key speakers on this item included Ellinger and Gorton.

The ordinance passed unanimously.

Ordinance declaring sidewalks in Hamburg Place and Shetland Subdivision dedicated to LFUCG

8:40

This ordinance accepted the dedication of sidewalks in Hamburg Place and Shetland Subdivision to the Lexington-Fayette Urban County Government (LFUCG).

The body suspended the rules to allow for second reading of the ordinance. Key speakers on this item included Stinnett and Beard.

The ordinance passed unanimously with no recorded opposition or concerns raised during discussion.

Resolution accepting bid for Black & Williams Center Energy Efficiency Improvements

The council considered a resolution to accept a bid for energy efficiency improvements at the Black & Williams Center. 18:22

Bid Details

The resolution accepted a $426,040 bid from Lagco, Inc. for the energy efficiency upgrades project.

Discussion

Baradaran raised a question regarding the scope of the work and funding for the project before the resolution could proceed.

Outcome

Following the inquiry about project scope and funding, the resolution was placed on file for public inspection. The item received a first reading.

Resolution authorizing lease agreement with Denham-Blythe Co., Inc. for wellness center

32:53

The body considered a resolution to authorize a lease agreement with Denham-Blythe Co., Inc. for a wellness center located at 100 Trade St. The lease was structured as a three-year agreement.

Key speakers on this item included Henson and McCord. The resolution proceeded to a vote following a suspension of the rules.

The resolution passed unanimously.

Joint resolution endorsing Bluegrass Economic Advancement Movement (BEAM)

The body considered a joint resolution endorsing the Bluegrass Economic Advancement Movement (BEAM) in coordination with Louisville Metro Council 31:51.

Key Speakers

Gorton and Blues presented on this agenda item.

Presentation and Action

The resolution jointly endorsed BEAM with Louisville Metro Council. A rules suspension was required to proceed with consideration of the resolution. Louisville Council President Jim King provided a statement regarding the resolution.

Outcome

The resolution passed unanimously.

Resolution authorizing statement of affiliation for Fire Department's rescue team

This resolution authorized the designation of the Urban County Fire Department's rescue team as the recognized rescue squad for Fayette County. 22:59

The resolution was presented by key speakers Barberie and Mason. The measure was placed on file for public inspection as part of the approval process.

The resolution received a first reading during this meeting, meaning it was introduced and will require additional consideration before final passage.

Resolution ratifying settlement agreement in Public Service Commission Case No. 2011-00161

36:43

The council considered a resolution to ratify a settlement agreement related to Kentucky Utilities Company's environmental surcharge recovery in Public Service Commission Case No. 2011-00161.

Barberie presented the resolution to the council. The settlement agreement addressed the company's recovery of environmental surcharge costs through the Public Service Commission process.

The resolution was approved unanimously by the council. Prior to the vote, the council suspended its rules to allow consideration of the item.

Resolution authorizing facility usage contract with Fayette County Board of Education

30:15

This resolution authorized a facility usage contract with the Fayette County Board of Education for community events at Winburn Middle School gymnasium.

The resolution passed unanimously.

Resolution authorizing lease agreement with Pilgrim Baptist Church for parking

A resolution authorizing a lease agreement with Pilgrim Baptist Church for parking was presented to the body 30:15.

The resolution was approved unanimously.

Resolution authorizing engineering services agreement with Hazen & Sawyer, P.S.C.

31:19

The meeting addressed a resolution to authorize an engineering services agreement with Hazen & Sawyer, P.S.C. for sanitary sewer capacity and operations management. The agreement was valued at $287,500.

The resolution passed unanimously.

Presentation: Lee Kiefer, 2011 World Fencing Championships bronze medalist

4:15

Lee Kiefer, a senior at Dunbar High School and a top-ranked fencer in the United States, was honored during this agenda item. Mayor Gray presented a proclamation declaring November 17, 2011, as Lee Kiefer Day in recognition of her achievement as a bronze medalist at the 2011 World Fencing Championships.

The presentation was informational in nature, celebrating Kiefer's accomplishment in competitive fencing at the national and international level.

Communications from the Mayor: Resignations from Community Corrections

The Mayor reported seven resignations from the Community Corrections division during this agenda item 38:15.

Council members Ellinger, Lawless, and Martin engaged with interim director Ray Sabbatine to discuss the departures and their underlying causes. The discussion centered on staffing levels, overtime requirements, and working conditions within the division.

Council members raised concerns about:

• The impact of multiple resignations on departmental operations
• Staffing adequacy and capacity to handle current workload
• Overtime demands placed on remaining staff
• Overall working conditions in the Community Corrections division

Interim director Ray Sabbatine addressed these concerns and provided context regarding the resignations and the division's operational challenges.

The outcome of this agenda item was informational, with no formal action taken. The discussion served to inform the council about the personnel situation in Community Corrections and the factors contributing to staff departures.

Announcements: National Alzheimer's Month and Nikki Finney's National Book Award

1:24:52

The Mayor announced the recognition of National Alzheimer's Awareness Month and acknowledged the contributions of Isabel Yates and Susan Lamb to this important initiative.

Council members also celebrated a significant literary achievement during this announcement segment. Nikki Finney was recognized for winning the National Book Award, marking a notable accomplishment for the community.

Key Speakers: - Mayor Gray - Blues

Outcome: This was an informational announcement recognizing both the national health awareness observance and a local literary achievement.