← Back to all meetings

Council Work Session

March 6, 2012 · 10,366 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on March 6, 2012, at 3:00 p.m. in the Council Chambers on the 2nd Floor of the Government Center. Mayor Jim Gray presided over the meeting, which included eight agenda items covering a range of municipal business. The council took 26 motions and votes during the session and heard seven public comments on issues not on the agenda.

The council approved all substantive agenda items presented, including Requested Rezonings and Docket Approval, a Summary, Budget Amendments, New Business, and Continuing Business/Presentations. The council also received reports from both the Council and the Mayor. A public comment period allowed seven residents to address the council on matters outside the formal agenda.

Attendance

Present: - Mayor Jim Gray - Council Member McChord - Council Member Ellinger - Council Member Kay - Council Member Stinnett - Council Member Blues - Council Member Farmer - Council Member Lawless - Council Member Martin - Council Member Henson - Council Member Beard - Council Member Gooding - Council Member Mason - Council Member Jackson - Council Member Bush - Council Member Moloney - Council Member Mills - Council Member Atkins - Council Member Emmons - Council Member Jarvis - Council Member Graham - Council Member Hancock - Council Member Hamilton

Absent: - VM Gorton

Votes and Decisions

All items were approved by voice vote with no recorded opposition or abstentions.

L155-12 – Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court. 3:05

L208-12 – Authorization to apply for a malt beverage license for sale of malt beverages at Lakeside Golf Course and Clubhouse. Motion by CM Hancock, seconded by CM Hamilton. 3:05

L209-12 – Authorization to execute a Mutual Aid Agreement with Safety Tec Inc. to define the roles and responsibilities between Lexington Fire EMS and Safety Tec Inc. Motion by CM Jackson, seconded by CM Mason. 3:05

L212-12 – Authorization to accept a donation of a ping pong table for the Dunbar Community Center. Motion by CM Hancock, seconded by CM Hamilton. 3:05

L213-12 – Authorization to transfer the Hamm Alley right-of-way to the adjacent property owners located at 525 and 527 Angliana Avenue. Motion by CM Moloney. 3:05

L223-12 – Authorization to submit application, and accept award if offered, to the Kentucky Justice and Public Safety Cabinet for Law Enforcement Service Fee Grant Program. Motion by CM Gooding, seconded by CM Mason. 3:05

L229-12 – Authorization to enter into a Building Usage Agreement with the Fayette County Extension Facility and AARP for an educational seminar titled "Taking Charge: Your Medication, Your Health." Motion by CM Mills. 3:05

L230-12 – Authorization to approve various amendments to Section 16-60(a) of the Code of Ordinances that codify pre-existing policies and reflect current fees resulting from Consumer Price Index (CPI) adjustments and to amend Ordinance 34-2008 to correct a typographical error. Motion by CM Martin, seconded by CM Moloney. 3:05

L232-12 – Authorization to amend Section 21-5 of the Code of Ordinances, transferring 1 position of Public Service Worker Sr. and its incumbent, and one vacant position of Trades Worker Sr., from the Division of Water Quality to the Division of Streets and Roads. Motion by CM Jarvis, seconded by CM Moloney. 3:05

L236-12 – Authorization to submit application, and accept award if offered, to the Kentucky Justice and Public Safety Cabinet for the continuation of the Street Sales Drug Enforcement Project for FY 2013. Motion by CM Gooding, seconded by CM Mason. 3:05

L237-12 – Authorization to amend Section 21-5 and Section 22-5 of the Code of Ordinances, creating a new Department, reorganizing certain Departments and Divisions and transferring various positions and incumbents within LFUCG. Motion by CM Jarvis, seconded by CM Moloney. 3:05

L238-12 – Authorization to submit application to the Kentucky Department for Local Government requesting federal funds from the Recreational Trail Program for the construction of Brighton Rail Trail Phase 4. Motion by CM Gooding, seconded by CM Moloney. 3:05

L239-12 – Authorization to execute a Development Agreement with Lexington Habitat for Humanity and approval to convey properties acquired by LFUCG under the Neighborhood Stabilization Program. Motion by CM Gooding, seconded by CM Moloney. 3:05

L240-12 – Authorization to execute Change Order No. 1 (Final) with Grant's Excavating Inc. for the Griffin Gate Pump Station Replacement project. Motion by CM Martin, seconded by CM Moloney. 3:05

L242-12 – Authorization to execute agreement with Harshaw Trane under the Energy Efficiency And Conservation Block Grant for provision of design and engineering services for the repair, modification and/or replacement of electrical and mechanical equipment at Police Headquarters. Motion by CM Gooding, seconded by CM Moloney. 3:05

Budget and Financial Actions

The meeting approved multiple financial actions totaling over $500,000 across grants, contracts, and appropriations.

Contracts

  • Repair, modification, and/or replacement of electrical and mechanical equipment at Police Headquarters: $97,117.73 to Harshaw Trane (L242-12)

Grants

  • Brighton Rail Trail Phase 4 construction: $75,000.00 from Kentucky Department for Local Government (L238-12)
  • Street Sales Drug Enforcement Project continuation for FY 2013: $50,000.00 from Kentucky Justice and Public Safety Cabinet (L236-12)
  • Law Enforcement Service Fee Grant Program: $100,010.00 from Kentucky Justice and Public Safety Cabinet (L223-12)
  • Energy Efficiency and Conservation Block Grant 2010: $66,893.79 from US Department of Energy (JOURNAL 58556)
  • Adopt-A-Spot program in Kentucky Pride 2012 grant: $639.12 from Grants State (JOURNAL 58466)
  • Traffic Safety Supplemental award: $30,000.00 from US Department of Transportation (JOURNAL 58448-49)
  • National PAL Mentoring Day award: $5,000.00 from US Department of Justice (JOURNAL 58446-47)
  • 2012 Sexual Assault Nurse Examiner training course: $1,500.00 from US Department of Justice (JOURNAL 58450-51)
  • Home Network 2011 grant overtime: $6,000.00 from US Department of Health and Human Services (JOURNAL 58453)

Amendments

  • Kentucky Pride 2012 grant personnel recovery: $36,356.67 (JOURNAL 58469)
  • Fiber Optic 2007 reallocation: $128.79 from US Department of Transportation (JOURNAL 58505-06)
  • Fiber Optic 2009 additional purchase: $38,180.05 from US Department of Transportation (JOURNAL 58507)
  • Consultant agreement for design and retrofit at Police headquarters: $66,893.79 to Bluegrass Pride (JOURNAL 58556)

Appropriations

  • William Wells Brown Community Center HIV Awareness Program: $400.00 from Lexington Health Department (JOURNAL 58500-01)
  • William Wells Brown Community Center donation from Partners for Youth: $1,300.00 (JOURNAL 58502-03)
  • Bluegrass Wheelchair Tournament sponsorship: $600.00 to Superior Van & Mobility, Carolina Tarwheels, and Midwest Wheelchair Sport and Social club (JOURNAL 58554-55)
  • William Wells Brown Community Center contributions: $374.88 from various contributors (JOURNAL 58557-58)

Public Comment

Several council members made remarks during the meeting, addressing attendance corrections, emergency preparedness, community events, and public safety.

Attendance Corrections

Council Member Martin requested that his name be added to the attendance list, noting he arrived after the meeting began 5:21. Council Member Lawless also requested a correction to the attendance record to reflect his presence during the meeting 6:25.

Emergency Response and Public Safety

Council Member Farmer praised the mayor's leadership during a recent storm and proposed creating a designated list of emergency shelters to enhance public safety 47:59.

Council Member Beard commended public safety personnel and acknowledged college student volunteers from Vermont and Duke who assisted in West Liberty 1:07:24.

Community Events and Announcements

Council Member Lawless announced two upcoming neighborhood association meetings: Westwood Heights at 6 p.m. and Ellsford at 7 p.m. 56:31.

Council Member Stinnett emphasized the importance of the Sweet 16 event and urged community support for it. He also proposed an ordinance to prohibit running horses at large 58:05.

Council Member McCord praised efforts to secure funding for the Legacy Trail and encouraged citizens to attend the Sweet 16, describing it as the city's signature event 1:04:38.

Contested Items

Funding for Reprogrammed Pools

Council members disagreed over the timing and approach to funding pool improvements. The central dispute involved whether to allocate $500,000 in capital improvement funds immediately or to defer the funding decision to the full budget process.

During the debate, council members presented differing views on the appropriate course of action. Some advocated for committing the funds at that time, while others preferred to address the funding through the comprehensive budget cycle. The discussion reflected broader questions about capital planning procedures and the prioritization of pool-related improvements.

The motion to add the funding was ultimately withdrawn following the discussion, meaning no immediate allocation was approved. This outcome left the pool funding question to be resolved through the regular budget process rather than as a separate capital improvement decision.

Requested Rezonings / Docket Approval

3:05

The council addressed several docket-related matters during this agenda item.

Actions Taken:

  • Ordinance #6 was approved for placement on the docket for the March 8, 2012 meeting without a hearing
  • A resolution authorizing the mayor to extend billing agreements with KAWC and Cincinnati was approved
  • The docket was approved as amended

Speakers:

Council members McChord, Stinnett, Ellinger, and Kay participated in the discussion of this item.

Outcome:

All matters under this agenda item were approved.

Approval of Summary

5:21

The council reviewed and approved the corrected summary of the February 28, 2012, work session. Council members CM Beard, CM Ellinger, CM Martin, and CM Lawless participated in this agenda item.

The summary required corrections to attendance records before it could be formally approved. Once these attendance corrections were made, the council voted to approve the document.

Outcome: The corrected summary was approved.

Budget Amendments

The council addressed a series of budget amendments affecting various departments and grants during this agenda item 7:26.

Key Speakers

Council Members Ellinger and Beard led the discussion on the proposed amendments.

Amendments Discussed

The amendments covered multiple areas including personnel recovery, grant funding, and operational adjustments across different departments.

Outcome

The council approved the budget amendments as presented.

New Business

8:01

The council addressed multiple new business items during this section of the meeting.

Items Approved

The council approved the following matters:

  • Easement releases
  • Beer license applications
  • Mutual aid agreements
  • Donations
  • Right-of-way transfers
  • Grant applications
  • Department reorganizations

Key Participants

Council members CM Blues, CM Beard, CM Farmer, and CM Ellinger participated in the discussion of these new business items.

Outcome

All new business items presented were approved by the council.

Continuing Business/Presentations

10:39

The Parks and Recreation Department presented a management plan for the reprogramming of Berry Hill and Constitution Pools. The presentation, led by Jerry Hancock and Brian Rogers, outlined plans for demolition of the existing pools and their repurposing into a softball field and skate park.

Council members CM Stinnett, CM Lane, CM Martin, CM Beard, and CM McCord participated in the discussion of the proposal. The council reviewed the department's management plan and considered the closure and reprogramming of these recreational facilities.

The council approved the closure and reprogramming of Berry Hill and Constitution Pools as presented by the Parks and Recreation Department.

Council Report

During this agenda item, council members provided updates on various community matters and initiatives 47:59.

Community Updates and Proposals

Council Member Farmer proposed creating a list of emergency shelters for the community. Council Member Stinnett proposed an ordinance to prohibit running horses at large.

Participants

The following council members contributed to the discussion: CM Farmer, CM Lawless, CM Stinnett, CM McCord, and CM Beard.

Outcome

The council report was approved.

Mayor's Report

The Mayor's Report was presented during the meeting 1:00:01. Council Members Ellinger and Henson were the key speakers on this agenda item.

The report was approved without discussion.

Public Comment – Issues not on the agenda

1:09:30

No public comments were made on issues not on the agenda. Mr. Mundy presided over this portion of the meeting, which was designated for members of the public to raise concerns or topics not otherwise listed on the agenda. The session concluded without any public input being offered.

Decisions

  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L208-12 — passed: Authorization to apply for a malt beverage license for sale of malt beverages at Lakeside Golf Course and Clubhouse
  • L209-12 — passed: Authorization to execute a Mutual Aid Agreement with Safety Tec Inc. to define the roles and responsibilities between Lexington Fire EMS and Safety Tec Inc.
  • L212-12 — passed: Authorization to accept a donation of a ping pong table for the Dunbar Community Center
  • L213-12 — passed: Authorization to transfer the Hamm Alley right-of-way to the adjacent property owners located at 525 and 527 Angliana Avenue
  • L223-12 — passed: Authorization to submit application, and accept award if offered, to the Kentucky Justice and Public Safety Cabinet for Law Enforcement Service Fee Grant Program
  • L229-12 — passed: Authorization to enter into a Building Usage Agreement with the Fayette County Extension Facility and AARP for an educational seminar titled 'Taking Charge: Your Medication, Your Health'
  • L230-12 — passed: Authorization to approve various amendments to Section 16-60(a) of the Code of Ordinances that codify pre-existing policies and reflect current fees resulting from Consumer Price Index (CPI) adjustments and to amend Ordinance 34-2008 to correct a typographical error
  • L232-12 — passed: Authorization to amend Section 21-5 of the Code of Ordinances, transferring 1 position of Public Service Worker Sr. and its incumbent, and one vacant position of Trades Worker Sr., from the Division of Water Quality to the Division of Streets and Roads
  • L236-12 — passed: Authorization to submit application, and accept award if offered, to the Kentucky Justice and Public Safety Cabinet for the continuation of the Street Sales Drug Enforcement Project for FY 2013
  • L237-12 — passed: Authorization to amend Section 21-5 and Section 22-5 of the Code of Ordinances, creating a new Department, reorganizing certain Departments and Divisions and transferring various positions and incumbents within LFUCG
  • L238-12 — passed: Authorization to submit application to the Kentucky Department for Local Government requesting federal funds from the Recreational Trail Program for the construction of Brighton Rail Trail Phase 4
  • L239-12 — passed: Authorization to execute a Development Agreement with Lexington Habitat for Humanity and approval to convey properties acquired by LFUCG under the Neighborhood Stabilization Program
  • L240-12 — passed: Authorization to execute Change Order No. 1 (Final) with Grant’s Excavating Inc. for the Griffin Gate Pump Station Replacement project
  • L242-12 — passed: Authorization to execute agreement with Harshaw Trane under the Energy Efficiency And Conservation Block Grant for provision of design and engineering services for the repair, modification and/or replacement of electrical and mechanical equipment at Police Headquarters
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court
  • L155-12 — passed: Authorization to approve a Partial Release of Easements releasing a portion of a utility easement and a portion of a storm sewer and drainage easement on property located at 4357 Victoria Court