Urban County Council Meeting
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Summary
Meeting Overview
The Lexington-Fayette Urban County Council met on January 26, 2012, at 6:00 p.m. in the Council Chambers located at 200 E. Main St, Lexington, KY 40507, with Mayor Gray presiding. The council addressed 13 agenda items during the meeting, including a public hearing on the Red Mile TIF Development Plan, multiple ordinances and resolutions at various reading stages, and communications from the mayor. The council took 53 motions and votes throughout the session and heard 3 public comments from citizens. The meeting included standard procedural items such as roll call and invocation, as well as presentations, reports, and announcements. Ordinances and resolutions at second reading were approved, while first reading items were advanced for future consideration.
Attendance
Present: Kay, Lane, Martin, McChord, Myers, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, Gorton, and Henson
Absent: Lawless
Late: None
Votes and Decisions
The council passed 47 motions during this meeting, all by roll call vote. The vast majority passed unanimously or with overwhelming support.
Ordinances
Ordinance 0064-12, relating to discharges into the Urban County sanitary sewer system and imposing a $75 supplementary user charge, passed 13-1 17:48, with Ms. Crosbie voting against and 13 members voting in favor.
Four zoning ordinances passed unanimously (14-0): - Ordinance 0020-12 changed zoning from B-4 to I-1 for 3.18 acres at 1133 Industry Rd. (SRC of Lexington, Inc.), with conditional approval to be heard by February 15, 2012 19:16 - Ordinance 0019-12 changed zoning from B-4 to R-5 and A-U to R-5 for property at 843 S. Broadway and 1200 Red Mile Rd. (Hallmark Student Development Co., LLC), with conditional approval and 5-2 objector status, to be heard by February 15, 2012 19:16 - Ordinance 0021-12 changed zoning from I-1 to I-2 for 10.59 acres at 195 Lisle Industrial Ave. (Whayne Supply Co.), with conditional approval and 9-0 support, to be heard by March 14, 2012 19:16
Additional ordinances passed unanimously: - Ordinance 00508-11 closed a portion of Evans St. and authorized quitclaim deed transfer 19:16 - Ordinance 00535-11 corrected a typographical error in Ordinance No. 163-2011 19:16 - Ordinance 0005-12 abolished two Public Service Worker positions and created one Microcomputer Support Specialist position in Waste Management 19:16 - Ordinance 0006-12 amended fee-setting authority from Chief Information Officer to Chief Administrative Officer 19:16 - Ordinance 0011-12 extended temporary positions in Water Quality through April 1, 2015 19:16 - Ordinance 0046-12 amended budgets and appropriated funds, Schedule No. 50 19:16
Resolutions
The council passed 39 resolutions. Most passed unanimously (14-0). These included bid acceptances for police canines, custodial services, police badges, motorcycles, salt spreaders, swimming pool supplies, sewer equipment, inmate monitoring, mattresses, and field supplies 26:38. Personnel resolutions ratified civil service and sworn appointments 26:38. Service agreements were authorized with various vendors for medical care ($2,883,924), pharmacy services ($526,500), software support ($55,500), and other services 26:38. Grant acceptances and cost-sharing agreements were approved 26:38.
Resolution 0043-12, expressing concern about House Bill 1 redistricting legislation, passed 11-3 1:23:10, with Lane, Crosbie, and Farmer voting against. The resolution was amended to remove the word "grave" from the title and body.
Budget and Financial Actions
The meeting on January 26, 2012 included approval of numerous contracts, purchases, grants, and amendments totaling over $5.9 million in financial commitments.
Major Expenditures
The largest single item was a health services agreement with Corizon, Inc. for medical care to inmates at the Detention Center, totaling $2,883,924 (Resolution 00510-11). A service and lease agreement with Lexington-Fayette Animal Care and Control, LLC was approved for $1,076,690 (Resolution 0036-12). The Div. of Water Quality received approval for a combination sewer cleaning unit purchase from Jack Doheny Supplies, Inc. for $374,975 (Resolution 0025-12).
Infrastructure and Equipment
The Div. of Facilities and Fleet Management was authorized to purchase a V-box salt spreader from J. Edinger & Son, Inc. for $27,994 (Resolution 0023-12). An upgrade of the Blue Grass Field Sanitary Pumping Station with equal cost sharing was approved for $600,000 (Resolution 00525-11). The Div. of Police received approval for police helicopter repair and maintenance by RJ Corman Aircraft Maintenance, LLC for $126,152.32 (Resolution 0051-12).
Services and Software
On-Site, RX, Inc. was contracted for pharmacy services at Dr. Samuel Brown Health Center for $526,500 (Resolution 0041-12). Annual maintenance for Accela, Inc. Asset Management Software was approved for $95,863.80 (Resolution 0053-12). A Routeware Support Plan for software upgrades and support was authorized for $55,500 (Resolution 0016-12).
Grants and Community Programs
A federal grant from the Kentucky State Police for MCSAP included $75,000 in funding with an $18,750 local match (Resolution 0031-12). Class A Neighborhood Incentive Grants were awarded to Friends of Wolf Run, Inc. ($7,200, Resolution 0042-12) and Andover Estates Homeowners Association, Inc. ($8,000, Resolution 0043-12). Rural and Inner City Adopt-a-Spot Program Agreements with multiple organizations totaled $21,867.12 (Resolution 0049-12).
Contract Amendments
Change Order No. 2 to GRW Engineers, Inc. for expansion area 2A pumping station work was approved for $37,350 (Resolution 0055-12). Change Order No. 1 to Disponette Service Co., Inc. for Dunbar Community Center Retrofit was authorized for $47,424 (Resolution 0066-12).
Public Comment
Three speakers addressed the council during the public comment period.
Health Clinic Utilization
Councilmember McCord 1:32:58 encouraged all council members and employees to utilize the health clinic, sharing that he had a positive experience after completing a health risk assessment.
Councilmember Kay 1:33:28 similarly encouraged the use of the health clinic, noting that he had taken his daughter to the facility and found it to be an excellent resource.
Civic Center Renovation and Other Concerns
Bernard McCarthy 1:34:38 raised concerns about spending on Civic Center renovations while existing debt remains outstanding. He also addressed U.S. abortion policies, making comparisons to casualties from the September 11 attacks and referencing concerns about divine retribution.
Appointments
The following appointments and reappointments were made:
- Randall Rowady was appointed to the Animal Care and Control Oversight Committee
- Erwin A. Jones was appointed to the Arboretum Advisory Committee
- Alexandra E. Terry was appointed to the Explorium of Lexington Board
- Larry L. Ridenour was reappointed to the Greenspace Commission
- Keith B. Jones was appointed to the Parks and Recreation Advisory Board
- William J. DiOrio was reappointed to the Sister Cities Program Commission
- Velva Reed-Barker was appointed to the Social Services Advisory Board
- Paul A. Schoninger was appointed to the Valley View Ferry Authority
Contested Items
Resolution on House Bill 1 Redistricting
A resolution expressing concern about the redistricting bill generated debate among council members over its potential consequences and purpose. The resolution passed with a vote of 11-3, indicating significant but not unanimous support.
Council Members Lane, Crosbie, and Farmer voted against the resolution. The disagreement centered on two competing concerns: whether the resolution would damage the county's relationship with the legislature, or whether it represented a necessary principled stand for democratic fairness. Those voting no appeared to prioritize maintaining legislative relations, while those voting yes prioritized expressing concerns about the redistricting process itself.
The resolution ultimately passed and was adopted by the council.
Roll Call
The meeting began with a roll call of council members, with Mayor Gray presiding. 0:00
The following council members were present: - Kay - Lane - Martin - McChord - Myers - Stinnett - Beard - Blues - Crosbie - Ellinger - Farmer - Ford - Gorton - Henson
Council Member Lawless was absent.
Invocation
Chaplain George Lee of American Legion Post #8 delivered the invocation 1:07. The chaplain offered a prayer seeking guidance and growth for the city and its leaders.
Presentation
Vice Mayor Gorton presented an update on the newly established Senior Services Commission 2:12. The presentation introduced the commission's members and subcommittee chairs, highlighting the organization's active status and ongoing initiatives.
Commission Members and Structure
The presentation identified key members of the Senior Services Commission, including Christy Stambaugh, Steve Gaunce, Beth Mills, and Margaret McCoskey, who serve in various leadership roles within the commission.
Commission Activities
Vice Mayor Gorton described the Senior Services Commission as highly active, with work underway across multiple focus areas:
- Communications initiatives
- Policy development
- Community outreach efforts
Outcome
This agenda item was informational in nature, providing the public and governing body with an overview of the newly established commission's composition and early activities.
Public Hearing - Red Mile TIF Development Plan
A public hearing was opened for the Red Mile Tax Increment Financing (TIF) Development Plan. Mayor Gray presided over the hearing.
No members of the public spoke during the hearing period. As a result, the hearing was closed without any public comment.
The outcome of this agenda item was informational in nature.
Ordinances – Second Reading
Several ordinances received their second reading and were voted on during this portion of the meeting. The ordinances addressed a range of municipal matters, including zoning changes, street closures, budget amendments, and regulations governing surface water discharges into the sanitary sewer system.
Ms. Crosbie and Ms. Gorton were the key speakers presenting and discussing the ordinances under consideration.
The ordinances were voted on individually, with most passing unanimously. However, Ordinance 0064-12 received a different result, passing with 13 ayes and 1 nay, indicating that one council member voted against this particular measure while the remainder supported it.
All ordinances presented during the second reading were ultimately approved and moved forward.
Ordinances – First Reading
Several ordinances were introduced for first reading during this portion of the meeting. The Madam Clerk presented the ordinances, which were subsequently placed on file for public inspection.
The ordinances introduced included:
- Zoning changes
- Budget amendments
- A new ordinance for the Show Stoppers National Dance Competition
All ordinances introduced for first reading were placed on file for public inspection until February 16, 2012, allowing members of the public to review the proposed measures before further action.
Resolutions – Second Reading
Multiple resolutions were presented for second reading and approved unanimously. Ms. Gorton and Mr. Myers were the key speakers during this agenda item.
The resolutions covered a wide range of municipal contracts and purchases, including:
- Police canines
- Cleaning services
- Police badges
- Motorcycles
- Salt spreaders
- Swimming pool supplies
- Sewer cleaning units
- Electronic monitoring equipment
- Mattresses
- Baseball field conditioners
- Health services
All resolutions passed without opposition or recorded concerns.
Resolutions – First Reading
Several resolutions were introduced for first reading during this agenda item. The Madam Clerk presented resolutions that were placed on file for public inspection until February 16, 2012.
The resolutions introduced covered the following subject matters:
- Contracts for security cameras
- Demolition of residential structures
- Conditional offers to employees
- Grants for neighborhood projects
All resolutions presented during this item were advanced to first reading status, meaning they were formally introduced and made available for public review before proceeding to subsequent readings. The public inspection period extended through February 16, 2012, allowing community members and interested parties to review the proposed resolutions prior to further action.
Communications from the Mayor
The Mayor's communications were presented for council consideration and approval. The communications included recommendations for appointments to various boards and commissions.
The following boards and commissions received appointment recommendations:
- Animal Care and Control Oversight Committee
- Arboretum Advisory Committee
- Explorium of Lexington Board
- Greenspace Commission
- Parks and Recreation Advisory Board
- Sister Cities Program Commission
- Social Services Advisory Board
- Valley View Ferry Authority
Councilmember Ellinger and Councilmember Crosby participated in the discussion of these communications.
The Mayor's communications were approved by the council.
Communications from the Mayor (For Information Only)
Mayor Gray presented communications for informational purposes regarding personnel matters across multiple city departments. The communications documented resignations from the following departments:
- Fire and Emergency Services
- Streets and Roads
- Family Services
- Revenue
- Coroner
- Community Corrections
This agenda item was presented as informational only, with no action required from the council. The resignations were noted for the record and to inform council members of staffing changes across various city agencies.
Reports
Two reports from the Division of Building Inspection were presented during this agenda item 1:32:21.
Reports Presented:
- Division of Building Inspection Report for the 4th quarter of 2011
- Division of Building Inspection full-year 2011 report
Presenter:
Madam Clerk presented the reports to the body.
Outcome:
This agenda item was informational in nature, with no action required.
Announcements
No announcements were made by the council during this agenda item 1:32:21.
Public Comments
Four members of the public addressed the council during this agenda item.
Councilmember McCord and Councilmember Kay both spoke in praise of the health clinic.
Bernard McCarthy raised concerns about two separate issues. He criticized the Civic Center renovations and expressed opposition to U.S. abortion policies, which he linked to national security matters.
This agenda item was informational in nature, with no formal action taken.
Decisions
- Ordinance 0064-12 — passed (13-1): An ordinance relating to discharges of surface or groundwater into the Urban County sanitary sewer system, creating Article VIII of Chapter 16 of the Code of Ordinances to ensure enforcement, prohibit unauthorized discharges, provide inspection access, require abatement, and impose a $75 supplementary user charge.
- Ordinance 0020-12 — passed (14-0): An ordinance changing the zone from B-4 to I-1 for 3.18 net acres at 1133 Industry Rd. (SRC of Lexington, Inc.).
- Ordinance 0019-12 — passed (14-0): An ordinance changing the zone from B-4 to R-5 and from A-U to R-5 for 8.54 net and 2.06 net acres at 843 S. Broadway and 1200 Red Mile Rd. (Hallmark Student Development Co., LLC).
- Ordinance 0021-12 — passed (14-0): An ordinance changing the zone from I-1 to I-2 for 10.59 net and gross acres at 195 Lisle Industrial Ave. (Whayne Supply Co.), subject to use restrictions.
- Ordinance 00508-11 — passed (14-0): An ordinance closing a portion of Evans St., confirming property owner consent, and authorizing a quitclaim deed transfer to abutting owners with reserved easements.
- Ordinance 00535-11 — passed (14-0): An ordinance amending Section 1 of Ordinance No. 163-2011 to correct a typographical error in the subsection line number for the Maintenance Mechanic position.
- Ordinance 0005-12 — passed (14-0): An ordinance abolishing two Public Service Worker, Grade 106N positions and creating one Microcomputer Support Specialist, Grade 113N, in the Div. of Waste Management.
- Ordinance 0006-12 — passed (14-0): An ordinance amending Section 7-17(b) of the Code of Ordinances to change the position authorized to establish fees from Chief Information Officer to Chief Administrative Officer.
- Ordinance 0011-12 — passed (14-0): An ordinance extending the term of temporary Staff Assistant, Sr., Grade 108N, and Project Engineering Coordinator, Grade 119E, in the Div. of Water Quality, from April 1, 2012 to April 1, 2015.
- Ordinance 0046-12 — passed (14-0): An ordinance amending certain budgets to reflect current municipal expenditures and appropriating/re-appropriating funds, Schedule No. 50.
- Resolution 0001-12 — passed (14-0): Accepting the bid of Top Dogs Police Canine Academy, LLC, for detection and patrol canines for the Div. of Police.
- Resolution 0003-12 — passed (14-0): Accepting the bid of Saffire Cleaning Service, LLC, for custodial services at Versailles Rd. Campus for the Div. of Facilities and Fleet Management.
- Resolution 0010-12 — passed (14-0): Accepting the bid of C.W. Nielsen Manufacturing Corp., for police badges for the Div. of Police.
- Resolution 0022-12 — passed (14-0): Accepting the bid of Dubya J. Brands LLC d/b/a Man O’War Harley-Davidson, LLC, for police motorcycles for the Div. of Police.
- Resolution 0023-12 — passed (14-0): Accepting the bid of J. Edinger & Son, Inc., for a V-box salt spreader for the Div. of Facilities and Fleet Management.
- Resolution 0024-12 — passed (14-0): Accepting bids from Recreation Supply Co., Inc., Recreonics, Inc., EMSCO d/b/a OP Aquatics, and Aquatic Technology, Inc., for swimming pool supplies for the Div. of Parks and Recreation.
- Resolution 0025-12 — passed (14-0): Accepting the bid of Jack Doheny Supplies, Inc., for a combination sewer cleaning unit for the Div. of Water Quality.
- Resolution 0027-12 — passed (14-0): Accepting the bid of G4S Justice Services, LLC, for electronic monitoring of inmates for the Div. of Community Corrections.
- Resolution 0029-12 — passed (14-0): Accepting the bid of Cornerstone Institutional, LLC, for mattresses for the Div. of Community Corrections.
- Resolution 0045-12 — passed (14-0): Accepting the bids of Pennington Seed and Spill Management Products, Inc., for baseball field drying conditioners for the Div. of Parks and Recreation.
- Resolution 0038-12 — passed (14-0): Ratifying probationary civil service appointments of Cory House (Engineering Technician, Div. of Traffic Engineering) and Horace Miles (Equipment Operator, Div. of Water Quality), and probationary sworn appointment of David Sullivan (Fire Lieutenant, Div. of Fire and Emergency Services).
- Resolution 00441-11 — passed (14-0): Authorizing the Mayor to execute Change Order No. One to the contract with Red River Ranch, LLC, for Haley Pike Landfill Compost Pad, increasing price by $2,985.
- Resolution 00510-11 — passed (14-0): Authorizing and directing the Mayor to execute a Health Services Agreement with Corizon, Inc., for medical care services to inmates at the Detention Center, at a cost not to exceed $2,883,924.
- Resolution 00517-11 — passed (14-0): Authorizing the Mayor to accept a $500 grant from Ky. American Water Co. for 25 PPE hoods, with no obligation to expend funds.
- Resolution 00525-11 — passed (14-0): Authorizing the Mayor to execute an agreement with Lexington-Fayette Urban County Airport Board for the upgrade of the Blue Grass Field Sanitary Pumping Station, with equal cost sharing, at a cost not to exceed $600,000.
- Resolution 00532-11 — passed (14-0): Authorizing the Mayor to execute an agreement with the Ky. Office of Homeland Security to extend the Metropolitan Medical Response System (MMRS) Project through May 31, 2012, at no cost.
- Resolution 0009-12 — passed (14-0): Authorizing the Mayor to execute an agreement with Omnisource Integrated Supply, LLC, for temporary employees at the Div. of Emergency Management/911, at a cost not to exceed $15,000.
- Resolution 0016-12 — passed (14-0): Authorizing the Mayor to execute a Routeware Support Plan with Routeware for software upgrades and support, at a cost not to exceed $55,500.
- Resolution 0017-12 — passed (14-0): Authorizing the Mayor to execute a Mental Health Services Agreement with Bluegrass Regional Mental Health - Mental Retardation Board, Inc., for court-ordered evaluations, at a cost not to exceed $2,000.
- Resolution 0031-12 — passed (14-0): Authorizing the Mayor to accept a $75,000 federal grant from Ky. State Police for MCSAP, with $18,750 local match, and authorizing transfer of unencumbered funds.
- Resolution 0034-12 — passed (14-0): Authorizing the Mayor to execute a modification to the CSEPP agreement for FY 2009 through March 31, 2012, at no cost.
- Resolution 0035-12 — passed (14-0): Authorizing the Mayor to execute a modification to the CSEPP agreement for FY 2010 through September 30, 2012, at no cost.
- Resolution 0025-12 — passed (14-0): Authorizing the Div. of Human Resources to make a conditional offer to Julia Chenault for Child Care Program Aide, Grade 107N, in the Div. of Youth Services.
- Resolution 0026-12 — passed (14-0): Ratifying probationary civil service appointment of Jimmy Ross (Public Service Worker, Div. of Water Quality), permanent appointments of Ross Strong, Anthony Sullivan, Sonya Taylor, Eric Wheeler (Equipment Operator Sr., Div. of Waste Management), and probationary sworn appointments of multiple Fire Majors, Captains, Lieutenants, and Police Lieutenants and Sergeants.
- Resolution 0034-12 — passed (14-0): Authorizing the Mayor to execute agreements with Ky. Chinese American Association, Inc. ($475) and Robinwood Neighbors Association, Inc. ($500), for the Office of the Urban County Council.
- Resolution 0040-12 — passed (14-0): Authorizing the Mayor to execute an agreement with Visually Impaired Preschool Service ($1,000) for the Office of the Urban County Council.
- Resolution 0041-12 — passed (14-0): Authorizing the Mayor to execute a service agreement with On-Site, RX, Inc., for pharmacy services at Dr. Samuel Brown Health Center, at $7.76/month for Year 1, $8.15 for Year 2, $8.55 for Year 3, or up to $526,500, subject to appropriation.
- Resolution 0043-12 — passed (11-3): Expressing concern about House Bill 1, the redistricting bill, and urging the legislature to institute a fair, representative, and nonpartisan redistricting process.
- Resolution 0025-12 — passed (14-0): Authorizing the Div. of Human Resources to make a conditional offer to Julia Chenault for Child Care Program Aide, Grade 107N, in the Div. of Youth Services.
- Resolution 0026-12 — passed (14-0): Ratifying probationary civil service appointment of Jimmy Ross (Public Service Worker, Div. of Water Quality), permanent appointments of Ross Strong, Anthony Sullivan, Sonya Taylor, Eric Wheeler (Equipment Operator Sr., Div. of Waste Management), and probationary sworn appointments of multiple Fire Majors, Captains, Lieutenants, and Police Lieutenants and Sergeants.
- Resolution 0034-12 — passed (14-0): Authorizing the Mayor to execute agreements with Ky. Chinese American Association, Inc. ($475) and Robinwood Neighbors Association, Inc. ($500), for the Office of the Urban County Council.
- Resolution 0040-12 — passed (14-0): Authorizing the Mayor to execute an agreement with Visually Impaired Preschool Service ($1,000) for the Office of the Urban County Council.
- Resolution 0041-12 — passed (14-0): Authorizing the Mayor to execute a service agreement with On-Site, RX, Inc., for pharmacy services at Dr. Samuel Brown Health Center, at $7.76/month for Year 1, $8.15 for Year 2, $8.55 for Year 3, or up to $526,500, subject to appropriation.
- Resolution 0043-12 — passed (11-3): Expressing concern about House Bill 1, the redistricting bill, and urging the legislature to institute a fair, representative, and nonpartisan redistricting process.
- Resolution 00517-11 — passed (14-0): Authorizing the Mayor to accept a $500 grant from Ky. American Water Co. for 25 PPE hoods, with no obligation to expend funds.
- Resolution 00525-11 — passed (14-0): Authorizing the Mayor to execute an agreement with Lexington-Fayette Urban County Airport Board for the upgrade of the Blue Grass Field Sanitary Pumping Station, with equal cost sharing, at a cost not to exceed $600,000.
- Resolution 00532-11 — passed (14-0): Authorizing the Mayor to execute an agreement with the Ky. Office of Homeland Security to extend the Metropolitan Medical Response System (MMRS) Project through May 31, 2012, at no cost.
- Resolution 0009-12 — passed (14-0): Authorizing the Mayor to execute an agreement with Omnisource Integrated Supply, LLC, for temporary employees at the Div. of Emergency Management/911, at a cost not to exceed $15,000.
- Resolution 0016-12 — passed (14-0): Authorizing the Mayor to execute a Routeware Support Plan with Routeware for software upgrades and support, at a cost not to exceed $55,500.
- Resolution 0017-12 — passed (14-0): Authorizing the Mayor to execute a Mental Health Services Agreement with Bluegrass Regional Mental Health - Mental Retardation Board, Inc., for court-ordered evaluations, at a cost not to exceed $2,000.
- Resolution 0031-12 — passed (14-0): Authorizing the Mayor to accept a $75,000 federal grant from Ky. State Police for MCSAP, with $18,750 local match, and authorizing transfer of unencumbered funds.
- Resolution 0034-12 — passed (14-0): Authorizing the Mayor to execute a modification to the CSEPP agreement for FY 2009 through March 31, 2012, at no cost.
- Resolution 0035-12 — passed (14-0): Authorizing the Mayor to execute a modification to the CSEPP agreement for FY 2010 through September 30, 2012, at no cost.