Urban County Council Meeting

Summary

Meeting Overview

The Urban County Council met on May 17, 2012, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Mayor Gray presiding. The council addressed 28 agenda items during the meeting, taking 60 votes and hearing 2 public comments. The session included a mix of ceremonial proclamations, ordinance amendments, bond authorizations, budget adjustments, personnel changes, and contract approvals.

Among the major actions, the council approved the issuance of $31 million in Taxable General Obligation Pension Funding Bonds, Series 2012A, and $10 million in General Obligation Refunding Bonds, Series 2012B. The council also approved amendments to the Code of Ordinances addressing regulated scrap material and fence height restrictions near streets and public property. Personnel matters included approving amendments to reorganize positions within Waste Management, Computer Services, and the Police Department, including the abolishment of one sworn Police Captain position and creation of one sworn Police Lieutenant position.

The council approved multiple bids for capital projects and services, including roof and HVAC replacements at the Charles Young Center, fire equipment purchases, wastewater treatment facility upgrades, and a natural gas supply contract with Centerpoint Energy Services. Additionally, the council authorized extensions and amendments to several agreements with state agencies and community service organizations, including the Kentucky Office of Homeland Security and AmeriNational Community Services.

One ordinance amendment proposing to allow non-whole numbers and non-sequencing of street numbers was denied. The council also approved a proclamation designating Lexington as a Purple Heart City and another honoring James Cecil of the United States Marine Corps, Lexington Platoon.

Attendance

The following individuals were present at the meeting on May 17, 2012:

• Ellinger
• Farmer
• Ford
• Gorton
• Henson
• Kay
• Lane
• Lawless
• Martin
• Myers
• Stinnett
• Beard
• Blues
• Cosby

McChord was absent from the meeting. No attendees arrived late.

Votes and Decisions

The council took 59 roll call votes on May 17, 2012, with results ranging from unanimous passage to narrow defeats.

Failed Measures

Ordinance 0485-12, which would have amended Section 17-2.1(a) to allow non-whole numbers and non-sequencing of street numbers in limited instances, failed 6-8 25:46. Voting in favor were Ellinger, Farmer, Ford, Lawless, Kay, and Crosbie. Voting against were Gorton, Henson, Lane, Martin, Myers, Stinnett, Beard, and Blues.

Ordinance 0491-12, authorizing issuance of $31 million in Taxable General Obligation Pension Funding Bonds, Series 2012A, initially failed 7-8 on a motion by Stinnett, seconded by Lane 31:28. However, the same ordinance passed on a second motion by McChord, seconded by Blues, with a vote of 10-5 38:03. Those voting against the successful motion were Lane, Martin, McChord, Myers, and Stinnett.

Passed Measures

The remaining 57 measures passed by roll call vote. Most passed unanimously 15-0, including Ordinance 0526-12 (amending budgets and re-appropriating funds), Ordinance 0311-12 (creating new code sections related to regulated scrap material), Ordinance 0414-12 (abolishing one Microcomputer Support Specialist position in Waste Management and creating one in Computer Services), Ordinance 0423-12 (abolishing one sworn Police Captain and creating one sworn Police Lieutenant), Ordinance 0449-12 (abolishing one Computer Operator and creating one Microcomputer Support Specialist), and Ordinance 0484-12 (amending zoning ordinance to limit fence height abutting streets and public property).

Numerous resolutions passed unanimously, including those accepting bids for various projects and services, authorizing agreements and contracts, accepting grants, and approving budgets. Resolution 0446-12 and Resolution 0438-12 each passed 14-0, with one member absent from voting.

Most resolutions were moved by Blues and seconded by Beard, or moved by Ellinger and seconded by McChord. All votes occurred between timestamps 00:25:46 and 01:54:58.

Budget and Financial Actions

The meeting approved numerous contracts, amendments, and grants totaling millions of dollars across multiple city divisions and departments.

Major Capital Projects and Contracts

The largest contract approved was a $4,584,290 purchase of a Radio System for the Division of Police from Cassidian Communications, Inc. (Resolution 0438-12). The Division of Water Quality received approval for the Wolf Run Pump Station Relocation - Contract A for $4,313,000.00 to W. Rogers Company (Resolution 0529-12). An Engineering Services Agreement with Stantec Consulting Services, Inc. for the Sanitary Sewer Capacity Assurance Plan was approved for $1,012,500 (Resolution 0460-12).

Facility and Infrastructure Improvements

Several renovation and maintenance projects were authorized: renovation and addition of a stockroom for the Division of Waste Management for $61,850 to Churchill McGee, LLC (Resolution 0446-12); renovation of restrooms for the Division of Police Headquarters for $111,762 to The Wagner Co. (Resolution 0447-12); gymnasium roof replacement for Charles Young Center for $61,210 to Pearce-Blackburn Roofing (Resolution 0487-12); and HVAC replacement for Charles Young Center for $182,600 to Disponette Service Co., Inc. (Resolution 0497-12).

Grants and Appropriations

The city accepted multiple grants: $2,120,336 in Police Training Incentive Funds from the Kentucky Justice and Public Safety Cabinet (Resolution 0453-12); $2,006,685 in Training Incentive Funds for firefighters from the Commission on Fire Protection, Personnel, Standards and Education (Resolution 0454-12); $460,000 from the Kentucky Transportation Cabinet for ITS/CMS Improvements Project (Resolution 0471-12); and $294.79 from the U.S. Department of Justice for bulletproof vests (Resolution 0474-12). The city also applied for a $629,600 grant from the U.S. Department of Homeland Security for a ladder truck (Resolution 0473-12).

Additional Contracts and Services

The 2012 Sanitary Sewer Cleaning Program was contracted to Leak Eliminators, LLC for $908,781.65 (Resolution 0456-12). Group Life Insurance for all LFUCG employees was approved with Prudential Insurance Co. of America for $747,000 (Resolution 0436-12). Design services for a Household Hazardous Waste Facility were contracted to J.R. Miller and Associates for $57,965 (Resolution 0325-12).

Public Comment

Two citizens addressed the council during the public comment period.

Fiscal Responsibility Concerns

Mr. Schliffke spoke at 1:59:54 regarding the city's total debt and fiscal responsibility. He expressed concern about the city's total debt ratio, citing a 193% ratio. Mr. Schliffke warned of potential fiscal instability and urged the council to consider long-term financial sustainability in their decision-making.

Veterans Retraining Program

Mr. Robert Dalton spoke at 2:05:51 about the Veterans Retraining Assistance Program (VRAP). He highlighted the program, which provides retraining for veterans aged 35–60, and encouraged council members to promote it to help veterans transition to civilian careers.

Appointments

The following individuals were appointed to positions during this meeting:

Community Corrections Officers: - Jennifer Rosa - Adrean Robinson - Felice Smith - Robert Shouse - Joseph Price - Jamie Poynter - Tiffany Rexroat - Bethany Rayburn - Codey Zipperle - Chad Young - Austin Southworth - Donald Sifford - Gregory Taylor - Vina Taylor - Thomas Woolums - Dorothy Watkins - Joseph Dulsky - Andrew Colgin - Lucas Ellis - Tron Edwards - Jared Baird - Jason Wilson - John Casey - Andrew Butler - Steven Kelly - Leticia Harper - Steven Parker - Daniel Kimball - Rayford Gilbert - Britaney Fleming - Randall Gilbert - LaLaneah Bailey

Microcomputer Support Specialist: - LaLaneah Bailey

Contested Items

Charles Young Center Renovation Project

A heated discussion arose regarding the Charles Young Center Renovation Project, centered on concerns about financial management and procedural transparency.

Council members raised objections to the lack of transparency in how funds were reallocated for the project. They questioned the source of the funding, specifically seeking clarification on whether resources came from CDBG (Community Development Block Grant) allocations or other grant sources. Additionally, council members expressed concern about the absence of a formal policy governing the reallocation of unspent funds, indicating a need for clearer procedures to guide such decisions in the future.

In response, staff defended their approach by emphasizing the urgency of the situation. They explained that time-sensitive grant deadlines necessitated swift action on fund reallocation, suggesting that delays in decision-making could have resulted in the loss of available funding.

The discussion highlighted a tension between the need for procedural transparency and policy clarity on one hand, and the practical constraints imposed by external grant deadlines on the other.

Proclamation: Purple Heart City

The city council approved a proclamation designating Lexington as a Purple Heart City 3:12. The proclamation honored military veterans and recognized the sacrifices of service members and the local military community.

Mayor Gray presented the proclamation, joined by Commander Thomas Kubeck and Commander Irvin Lyons Jr. in support of the measure.

The proclamation was approved by the council.

Proclamation: James Cecil of the United States Marine Corps, Lexington Platoon

7:34

The council approved a proclamation honoring James Cecil of the United States Marine Corps, Lexington Platoon. Mayor Gray and Council Member Jay McCord participated in the presentation, which recognized Cecil as the last surviving member of the Lexington Platoon from World War II.

During the agenda item, James Cecil shared his wartime experiences with the council. The proclamation designated May 17, 2012 as James Cecil Day in recognition of his service and his role as a living link to the Lexington Platoon's history.

The outcome was approved.

Amending Section 17-2.1(a) of the Code of Ordinances to allow non-whole numbers

Ordinance 0485-12 proposed amending Section 17-2.1(a) of the Code of Ordinances to allow non-whole numbers and non-sequencing of street numbers. 23:04

Council Member Blues moved to separate this ordinance from the second reading list for individual consideration, indicating the item warranted separate debate from other measures on the agenda.

The ordinance was discussed by Council Members Blues, Farmer, and Henson, though the specific details of their arguments and concerns were not documented in the available record.

The ordinance failed to pass, with the council voting 6-8 against the measure. This vote count indicates the proposal did not achieve the necessary support for approval.

Outcome: Denied

Authorizing issuance of $31M Taxable General Obligation Pension Funding Bonds, Series 2012A

The council considered Ordinance 0491-12, which authorized the issuance of $31 million in taxable general obligation pension funding bonds, Series 2012A 30:22.

Discussion and Concerns

The council debated the pension bond issuance with significant discussion around fiscal responsibility. Key speakers in the debate included Stinnett, Martin, Driskell, and Mayor Gray. Council members raised concerns about the approach to pension funding and expressed the need for a pension task force to address underlying pension issues.

Vote

A motion to table the ordinance failed 8-7, allowing the measure to proceed to a final vote. The ordinance ultimately passed 10-5.

Outcome

The ordinance was approved, authorizing the city to issue the $31 million in taxable general obligation bonds for pension funding purposes.

Amending budgets to reflect current requirements and re-appropriating funds (Schedule No. 67)

41:22

The council considered Ordinance 0526-12, which proposed amending budgets to reflect current requirements and re-appropriating funds under Schedule No. 67.

Presentation and Discussion

Ford and Ellinger were the key speakers on this agenda item. The ordinance addressed a budget amendment to remove a non-material line item from the Charles Young Community Center.

Outcome

The ordinance passed unanimously. The council approved the budget amendment as presented.

Creating new sections in Code of Ordinances related to regulated scrap material

The council considered ordinance 0311-12, which proposed creating new sections in the Code of Ordinances to regulate scrap material dealers. 44:03

Key Speakers

McChord and Blues were the primary speakers on this agenda item.

Content and Outcome

The ordinance established new regulations for scrap metal dealers, addressing several key areas:

• Definitions of regulated scrap material and scrap metal dealer operations
• Licensing requirements for scrap metal dealers
• Retention and record-keeping standards
• Penalties for non-compliance

The council approved the ordinance.

Amending Section 21-5(2) to abolish one Microcomputer Support Specialist in Waste Management and create one in Computer Services

Agenda Item: 0414-12

The council considered an ordinance to transfer a Microcomputer Support Specialist position from Waste Management to Computer Services 44:03. The position would be funded through Schedule No. 68.

Key Speakers

McChord and Blues participated in the discussion of this agenda item.

Outcome

The council approved the ordinance, authorizing the abolishment of one Microcomputer Support Specialist position in Waste Management and the creation of one Microcomputer Support Specialist position in Computer Services.

Amending Section 23-5(a) to abolish one sworn Police Captain and create one sworn Police Lieutenant

Ordinance 0423-12

The council considered an ordinance to reclassify a police position from Captain to Lieutenant 44:03. The measure involved amending Section 23-5(a) and would be funded through Schedule No. 70.

Key Speakers

The discussion included remarks from McChord and Blues.

Outcome

The council approved the ordinance, authorizing the abolishment of one sworn Police Captain position and the creation of one sworn Police Lieutenant position.

Amending Section 21-5(2) to abolish one Computer Operator and create one Microcomputer Support Specialist in Computer Services

Ordinance 0449-12

The council considered an ordinance to modify staffing in the Computer Services division by abolishing one Computer Operator position and creating one Microcomputer Support Specialist position. 44:03

Key Speakers

McChord and Blues participated in the discussion of this agenda item.

Outcome

The council approved the ordinance. Funding for the new Microcomputer Support Specialist position was provided through Schedule No. 69.

Amending Zoning Ordinance to limit fence height abutting streets and public property

Identifier: 0484-12

The council considered an ordinance to amend the zoning code and restrict fence heights adjacent to public streets and properties. 44:03

Key Speakers

The discussion involved council members McChord and Blues.

Outcome

The council approved the amendment to restrict fence heights near public streets and public properties.

Purpose

According to the staff summary, the amendment was intended to enhance both safety and aesthetics by limiting how tall fences could be constructed in areas abutting streets and public property.

Authorizing issuance of $10M General Obligation Refunding Bonds, Series 2012B

The council considered ordinance 0494-12, which authorized the issuance of $10 million in General Obligation Refunding Bonds, Series 2012B 44:03. The refunding bonds were intended to refinance existing obligations for road and stormwater projects.

Key speakers on this item included McChord and Blues.

The council approved the ordinance.

Amending Masterson Station Park Advisory Board to include member from Masterson Station Neighborhood Association

Identifier: 0524-12

Type: Ordinance

The council considered an ordinance to amend the Masterson Station Park Advisory Board by adding a representative from the Masterson Station Neighborhood Association. 44:03

Key Speakers: - McChord - Blues

Summary: The proposed amendment aimed to improve community engagement by including a neighborhood association representative on the advisory board. This change would expand the board's composition to incorporate direct input from the Masterson Station neighborhood community.

Outcome: The ordinance was approved by the council.

Creating Section 4-10.1 to prohibit running horses at large and establishing pen

The council considered ordinance 0527-12, which would create a new section prohibiting the running at large of horses and other equine animals and establishing penalties for violations. 44:03

Key speakers on this matter included McChord and Blues, who presented and discussed the proposed ordinance with the council.

The ordinance was approved by the council. The measure establishes legal prohibitions against allowing horses and equine animals to run at large, with associated penalties for those who violate the new regulations.

Accepting bid of Pearce-Blackburn Roofing for gymnasium roof replacement at Charles Young Center

1:54:58

The council considered and approved a resolution to accept the bid from Pearce-Blackburn Roofing for gymnasium roof replacement at Charles Young Center. The project cost was $61,210.

Key speakers on this agenda item included Ellinger and McChord. The council voted to approve the bid, moving forward with the roof replacement project at the facility.

Accepting bid of Disponette Service Co. for HVAC replacement at Charles Young Center

1:54:58

The council considered a resolution to accept a bid from Disponette Service Co. for HVAC replacement at Charles Young Center. The project cost was $182,600.

Key speakers on this item included Ellinger and McChord. The council approved the bid as presented.

The resolution passed without objection.

Accepting bid of Bluegrass Fire Equipment for fire helmets

The council considered a price contract for fire helmets for the Fire and Emergency Services division from Bluegrass Fire Equipment 1:54:58.

Key speakers on this agenda item included Ellinger and McChord.

The council approved the bid, accepting the contract for fire helmets from Bluegrass Fire Equipment.

Accepting bid of W. Rogers Company for Wolf Run Pump Station Relocation - Contract A

Identifier: 0529-12

The council considered and approved a resolution to accept the bid from W. Rogers Company for the Wolf Run Pump Station relocation project. The contract value was $4.3 million.

Key Speakers: - Ellinger - McChord

Outcome: The resolution was approved.

Discussion: The agenda item was discussed at approximately 1:54:58 in the meeting. While specific details of the discussion, including any concerns raised or debate points, are not available in the provided materials, the council ultimately voted to accept W. Rogers Company's bid for Contract A of the Wolf Run Pump Station relocation project.

Accepting bid of J.R. Horn Co., LLC for sandblasting and painting of clarifier mechanisms

1:54:58

The council considered a resolution to accept a bid from J.R. Horn Co., LLC for sandblasting and painting of clarifier mechanisms at the water quality facility.

Key Speakers

The discussion involved council members Ellinger and McChord.

Outcome

The council approved the price contract for the sandblasting and painting work on the clarifier mechanisms.

Accepting bid of Windstream Communications for telephone maintenance

The council considered a price contract for telephone maintenance services provided by Windstream Communications for the Facilities and Fleet Management division. 1:54:58

Key speakers on this item included Ellinger and McChord.

The council approved the bid, accepting Windstream Communications as the provider for telephone maintenance services.

Accepting bid of Herrick Co., Inc. for West Hickman Thickener #2 Replacement

The council considered and approved a resolution to accept the bid from Herrick Co., Inc. for the replacement of the West Hickman Thickener #2. The project cost was $244,650.

Key speakers on this agenda item included Ellinger and McChord 1:54:58.

The council voted to approve the acceptance of Herrick Co., Inc.'s bid for this replacement project.

Authorizing conditional offers to probationary sworn appointments and unclassified civil service appointment

Resolution 0540-12

The council considered a resolution to authorize conditional offers for probationary sworn appointments and unclassified civil service positions 1:54:58.

Outcome

The resolution was approved, authorizing conditional offers for 24 probationary sworn appointments and one unclassified civil service appointment.

Key Participants

Ellinger and McChord were the primary speakers on this agenda item.

Accepting bid of Centerpoint Energy Services for natural gas supply contract

1:54:58

The council considered a resolution to accept a bid from Centerpoint Energy Services for a natural gas supply contract. This item involved approval of a fixed-price contract for natural gas supply.

Key speakers on this agenda item included Ellinger and McChord.

The council approved the resolution to accept the bid from Centerpoint Energy Services for the natural gas supply contract.

Authorizing extension of four agreements with Ky. Office of Homeland Security

1:54:58

The council considered a resolution to authorize the extension of four agreements with the Kentucky Office of Homeland Security for emergency response projects. The agreements were to be extended at no cost to the jurisdiction.

Key speakers on this item included Ellinger and McChord. The council approved the extension of these four agreements with the Ky. Office of Homeland Security.

Authorizing extension of FY 2012 MMRS Project with Ky. Office of Homeland Security

1:54:58

The council considered a resolution to extend the Metropolitan Medical Response System (MMRS) project in partnership with the Kentucky Office of Homeland Security through December 31, 2012.

Key Speakers

Ellinger and McChord presented and discussed this agenda item.

Outcome

The council approved the extension of the FY 2012 MMRS Project at no cost to the jurisdiction.

Authorizing Eighth Amendment to Agreement with AmeriNational Community Services

1:54:58

The council considered a resolution to authorize an eighth amendment to the agreement with AmeriNational Community Services for HOME and CDBG programs. The amendment extended the loan servicing agreement through June 30, 2014.

Key speakers on this item included Ellinger and McChord. The council approved the amendment as presented.

Authorizing extension of FY 2011 MMRS Project with Ky. Office of Homeland Security

1:54:58

The council considered a resolution to extend the FY 2011 MMRS Project in partnership with the Kentucky Office of Homeland Security. The extension would continue the project through December 31, 2012, with no additional cost to the municipality.

Key speakers on this agenda item included Ellinger and McChord. The council approved the extension as presented.

Outcome: The resolution was approved.

Authorizing amendment to agreement with Ky. Transportation Cabinet for Newtown Pike Landscaping Project

1:54:58

The council considered an amendment to the existing agreement with the Kentucky Transportation Cabinet regarding the Newtown Pike Landscaping Project. The amendment extended the project timeline through June 30, 2013, with no additional cost to the city.

Key speakers on this item included Ellinger and McChord. The discussion centered on the terms of the extension and its implications for the ongoing landscaping work along Newtown Pike.

The council approved the amendment as presented.

Authorizing amendment to agreement with Ky. Transportation Cabinet for Safe Routes to School Project

1:54:58

The council considered a resolution to authorize an amendment to the agreement with the Kentucky Transportation Cabinet for the Safe Routes to School Project.

Summary

The amendment extended the Safe Routes to School Project through June 30, 2013, at no additional cost to the council.

Key Speakers

Ellinger and McChord addressed the council on this item.

Outcome

The resolution was approved.