Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on November 15, 2012, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Jim Gray presiding. The council addressed 41 agenda items during the meeting, taking 77 votes and hearing 3 public comments. All items brought before the council were approved, including two proclamations honoring Tates Creek High School's girls soccer state championship and Frontier Nursing University's Nurse Practitioner Week. The council also approved five ordinances covering topics such as the 21c Lexington Development Area, code enforcement and planner position changes, Commission for Citizens with Disabilities membership, and budget amendments. The majority of the meeting focused on resolutions addressing infrastructure, public safety, grants, and intergovernmental agreements, spanning areas including solid waste management, wastewater treatment, emergency services, economic development, and community partnerships.

Attendance

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

Absent: Beard

Late: None

Votes and Decisions

The council passed 73 motions during this meeting, all by roll call vote with unanimous approval (14 ayes, 0 nays, 0 abstentions).

Zoning and Land Use 24:08

Ordinance 1102-12 amended the Zoning Ordinance to delete the requirement that banquet facilities must be in a building currently or formerly used as a residence. Ordinance 1103-12 increased notification requirements for zone map amendment requests for properties within 500 feet of the subject property. Ordinance 1051-12 closed King Street and authorized transfer of the former right-of-way via quitclaim deed to 321 Henry, LLC, and O'Nan Properties, LLC, with reserved easements.

Personnel and Budget 24:08

Ordinance 1074-12 abolished one Program Manager Sr. position and created one Construction Manager position in the Department of Environmental Quality and Public Works. Ordinance 1114-12 abolished one Council Administrative Specialist position and created one Council Staff Specialist position in the Council Office. Ordinance 1145-12 amended budgets to reflect current municipal expenditures and re-appropriated funds via Schedule No. 18.

Major Approvals [timestamp: 00:39:43 - 00:49:19]

Resolution 1088-12 approved a Substantial Amendment to the 2012 Consolidated Plan establishing the 21c Museum Hotel Lexington as a Community Development Block Grant project and authorized a $6 million Section 108 Loan to 21c Lexington LLC. Resolution 1090-12 authorized execution of a Third Supplemental Lease Agreement for airport revenue refunding bonds to refinance $16.42 million in outstanding bonds.

Solid Waste and Contracts 44:10

Two resolutions approved the Solid Waste Management Plan for Lexington-Fayette County for 2013-2018. The council accepted multiple bids for price contracts including towing services (Bluegrass Towing, Inc.), custodial services (Saffire Cleaning Service, LLC), fiber optic cable and control equipment, rock materials, traffic sign installation and maintenance, and construction unit price contracts.

Grants and Agreements [timestamp: 01:04:12 - 01:09:05]

The council accepted federal grants including $685,000 from the Kentucky Transportation Cabinet for the Grimes Mill Road Bridge Project and $65,503 from the U.S. Department of Justice under SCAAP. Major contracts approved included $568,775 with Oracle Elevator for Phoenix Building and Police Headquarters elevator renovation and $352,541 with Arrow Electric Co. for illuminated street name signs. The council also authorized numerous facility usage agreements, memoranda of understanding, and lease agreements with various organizations.

Budget and Financial Actions

The meeting approved multiple contracts, grants, purchases, and donations totaling over $2.8 million in financial actions.

Contracts

Major contracts included: - Resolution 1171-12: Oracle Elevator, $568,775 for Phoenix Building and Police Headquarters elevator renovation - Resolution 1197-12: Arrow Electric Co., $352,541 for illuminated street name sign project - Resolution 1100-12: Bluegrass Towing, Inc., $446,601.66 for towing of LFUCG vehicles - Resolution 0956-12: Verdin Co., $26,415 for restoration of historic Skuller's Street Clock - Resolution 1117-12: Saffire Cleaning Service, LLC, $16,400 for custodial services at Downtown Arts Center

Additional price contracts were approved for various services and supplies, each valued at $1,000: - Resolution 1118-12: Graybar, Anixter, Inc., and Rexel, Inc. for fiber optic cable and control equipment - Resolution 1128-12: Lexington Quarry Co. and Vulcan Materials Co. for rock - Resolution 1135-12: J & V Contracting for traffic sign installation and maintenance - Resolution 1208-12: SCINA Lawncare Services, LLC for snow removal - Resolution 1160-12: Clarke Power Services, Inc. and Power Train of Ky. for synthetic transmission fluid - Resolution 1167-12: Hydraulic Specialists, Inc. and Power Train of Ky. for hydraulic cylinder repair

Grants

The meeting approved grants totaling $834,518.15: - Resolution 1037-12: Kentucky Transportation Cabinet, $685,000 for Grimes Mill Road Bridge Project - Resolution 1133-12: U.S. Department of Justice, $65,503 under SCAAP - Resolution 1134-12: Kentucky Justice Cabinet, $45,123 for SANE Program - Resolution 1166-12: Group CJ, LLC, $35,547 Class B Education Incentive Grant for stormwater quality project - Resolution 1170-12: Board of Education of Fayette County, $3,500 Class B Education Incentive Grant for stormwater quality project at Lansdowne Elementary School - Resolution 1162-12: U.S. Department of Justice, $345.15 for bulletproof vests

Purchases and Donations

• Resolution 1069-12: Global Compliance Services, Inc., $1,500 for five additional user licenses for LFUCG Ethics Tip Line
• Resolution 1172-12: Horizon Information Systems, Inc., $586.50 for software maintenance and end-user license agreement
• Resolution 1143-12: Safe Kids Fayette County, $500 donation of 10 Graco Pack N Play cribs
• Resolution 1182-12: Seedleaf, Inc., $1,758 donation of a Vulcan 6-burner range

Public Comment

Three speakers addressed the meeting regarding the use of Community Development Block Grant (CDBG) funds and Section 108 Loan financing.

Brandon Dunn 31:08 advocated for the proper use of CDBG funds to benefit low- and moderate-income communities. He urged that the project include 20% minority hiring, ensure cost-of-living wages for jobs created, and demonstrate a substantial impact on quality of life.

Patrice Mohammed 36:17 opposed the use of public funds for a private corporation. Mohammed argued that CDBG funds should support local entrepreneurs rather than subsidize luxury development. He also raised concerns about financial risk, warning that the city could face losses if the private entity defaults on the Section 108 Loan.

Council Member Ford 46:05 emphasized the need to monitor the project's impact on low-income communities and expressed confidence in the grants office's ability to conduct such oversight.

Appointments

The following individuals were appointed to their respective divisions:

Building Inspection - Tracey McElroy

Environmental Policy - Thad Scott

Fire and Emergency Services - Keith Jackson

Police - Roger Holland - Darrell Doty - Christopher Young

Traffic Engineering - Richard Morgan

Parks and Recreation - Kristie Thomas

Human Resources - Kim Nesbitt

Emergency Management/911 - Theodore Adams

Youth Services - Amy Harris

Department of Law - Koyuki King

Water Quality - Daniel Honeycutt

Community Corrections - Myron Edward - Monica Strzalkowski - Joshua Shirk - Matthew Stinson - Misha Gash - Lia Parker - Brandon Wallen - Alex Nesbit - Michael Poyner - Eric Higgins - Zackary Jennings - Joseph Warth - Lyndel Hester - Clarence Franklin

Contested Items

21c Lexington Development Area and Section 108 Loan

Community members raised concerns about the proposed use of public funds for a private luxury hotel development in the 21c Lexington Development Area, which would be financed through a Section 108 Loan. Citizens expressed opposition to directing public resources toward a private commercial project of this nature.

The primary concerns voiced by community members included:

• The appropriateness of using public funds for private luxury hotel development
• The need for minority hiring requirements as part of the project
• Requirements for cost-of-living wages for workers employed in the development
• Monitoring mechanisms to assess the project's impact on low-income communities

Community members urged decision-makers to implement safeguards and accountability measures to ensure that public investment would benefit local residents, particularly those in lower-income brackets, through employment opportunities at livable wages and protections against displacement or negative economic effects.

Proclamation: State Champions, Tates Creek High School Girls Soccer

The Council recognized the Tates Creek High School Girls Soccer Team as State Champions during this meeting. 4:46

Recognition and Declaration

The Council declared November 15, 2012, as Tates Creek High School Women's Soccer Day in honor of the team's state championship achievement. Team members and coaches were honored at the meeting for their accomplishment.

Key Participants

Mayor Jim Gray and Council Member George Myers participated in the recognition. Coach Bo Lankster and Jessica Richardson were among those recognized for their roles with the team.

Outcome

The proclamation was approved.

Proclamation: Nurse Practitioner Week, Frontier Nursing University

15:32

The Council recognized Nurse Practitioner Week and honored the contributions of nurse practitioners to healthcare in the community. Mayor Jim Gray and Dr. Julie Marfell were key speakers during this agenda item.

The proclamation acknowledged Dr. Julie Marfell and other nurse practitioners present at the meeting, recognizing their professional achievements and service to the community. The item was approved by the Council.

Ordinance: 21c Lexington Development Area

25:10

The Council approved the establishment of the 21c Lexington Development Area during this meeting. The ordinance encompassed multiple components, including a Local Participation Agreement, Master Development Agreement, and a $1 million loan to 21c Lexington LLC. The Council also authorized the submission of a Section 108 Loan Application as part of the overall development initiative.

Mayor Jim Gray and Council Member Ford were the key speakers on this agenda item. The ordinance was presented to the Council for consideration and subsequent approval.

The Council voted to approve the establishment of the 21c Lexington Development Area with all its associated agreements and financial commitments.

Ordinance: Code Enforcement Officer Position Change

26:16

The Council approved an ordinance to modify the Code Enforcement Officer positions within the Division of Grants and Special Programs. The action involved abolishing one Code Enforcement Officer Sr. position and creating one Code Enforcement Officer position.

The ordinance was approved by the Council.

Ordinance: Planner Position Change

26:48

The Council considered an ordinance to modify staffing in the Division of Planning by abolishing one Planner position and creating one Planner Sr. position.

The Council approved this ordinance.

Ordinance: Commission for Citizens with Disabilities Membership

27:20

The Council considered and approved an ordinance to amend the membership requirements of the Commission for Citizens with Disabilities.

Outcome

The ordinance was approved.

Ordinance: Budget Amendments

The Council considered amendments to the budgets of the Lexington-Fayette Urban County Government to reflect current municipal expenditures 27:20.

The ordinance was approved by the Council.

Resolution: Solid Waste Management Plan Update

The Council considered and approved an update to the area designation for the Solid Waste Management Plan covering the period 2013–2018. 44:10

Council Member Stinnett was the key speaker on this agenda item. The resolution addressed modifications to area designations within the solid waste management framework for the upcoming five-year planning period.

The Council voted to approve the updated area designation as presented. No specific concerns or objections were documented during the discussion of this item.

Resolution: Solid Waste Management Plan Adoption

44:10

The Council considered and approved the adoption of the Solid Waste Management Plan for Lexington-Fayette County covering the period 2013–2018.

Council Member Stinnett participated in the discussion of this agenda item. The resolution was approved by the Council.

Resolution: Brighton East Rail Trail Project

50:23

The Council approved a resolution regarding the Brighton East Rail Trail Project - Phase II. The resolution authorized the Mayor to execute an agreement with Randle-Davies Construction Co., which had submitted the selected bid for the project.

The resolution was approved by the Council.

Resolution: West Hickman Wastewater Treatment Plant Odor Control

50:53

The Council considered and approved a resolution regarding odor control improvements at the West Hickman Wastewater Treatment Plant. The Council approved the bid submitted by Smith Contractors, Inc. for the odor control improvements project.

The resolution was approved by the Council.

Resolution: Conditional Offers for Civil Service Appointments

The Council considered and approved a resolution regarding conditional offers for probationary civil service and sworn appointments for employees across various departments 1:03:09.

Council Member Martin presented this agenda item to the body. The resolution authorized the issuance of conditional offers to multiple employees for probationary civil service positions and sworn appointments within the city's departments.

The Council voted to approve the resolution. No concerns or objections were noted in the discussion of this matter.

Resolution: Ratification of Civil Service Appointments

1:09:05

The Council considered a resolution to ratify probationary and permanent civil service appointments across several municipal departments. The resolution addressed the formal approval of employee appointments that had been made on a probationary basis and were now being confirmed as permanent positions.

The Council approved the resolution, ratifying the civil service appointments as presented.

Resolution: Decorative Streetlights at 420 Cross St.

The Council approved an agreement with Earthman, LLC, for the installation of decorative streetlights at 420 Cross St. 1:09:05. The agreement was approved at no cost to the Urban County Government.

Resolution: SCAAP Grant

The Council approved accepting a $65,503 federal grant from the U.S. Department of Justice under the State Criminal Alien Assistance Program (SCAAP) 1:09:05.

Outcome

The resolution was approved.

Resolution: SANE Program Grant

1:09:05

The Council approved submitting a grant application to the Kentucky Justice Cabinet for the continuation of the Sexual Assault Nurse Examiner (SANE) Program.

This resolution authorized the submission of a grant application to support the ongoing operations of the SANE Program, which provides specialized medical and forensic services for sexual assault victims. The program relies on funding from the Kentucky Justice Cabinet to maintain its services and staffing.

The resolution was approved by the Council.

Resolution: Mutual Aid Agreement with Catlettsburg Refining

The Council considered and approved a mutual aid agreement with Catlettsburg Refining, LLC, for emergency response assistance. 1:09:05

The resolution was approved by the Council.

Resolution: Modification to Homeland Security Agreement

1:09:05

The Council approved a modification to the existing agreement with the Kentucky Office of Homeland Security. The modification permits the purchase of explosive storage boxes.

Outcome: Approved

Resolution: Donation of Pack N Play Cribs

1:09:05

The Council approved accepting a donation of 10 Graco Pack N Play cribs from Safe Kids Fayette County. These cribs were designated for distribution to low-income families in the community.

The resolution was approved by the Council.

Resolution: Interlocal Cooperation Agreement

The Council approved an amendment to the interlocal cooperation agreement with the Jessamine County Sheriff's Office 1:09:05.

Outcome

The resolution was approved.

Resolution: Youth Baseball Leagues

1:09:05

The Council approved facility usage agreements with various youth baseball leagues for fall youth baseball. The resolution was adopted without recorded objections or noted concerns during the meeting discussion.

Resolution: 911 System Maintenance

The Council approved procurement of ongoing maintenance and services from Applied Digital for the 911 system. 1:09:05

The resolution was approved by the Council.

Resolution: Wolf Run Creek Watershed Plan

The Council approved an agreement with Friends of Wolf Run for activities under the Wolf Run Creek Watershed-Based Plan 1:09:05.

Outcome

The resolution was approved by the Council.

Resolution: Volunteer Income Tax Assistance

The Council approved an IRS Sponsor Agreement and Civil Rights Assurance for Volunteer Income Tax Assistance Programs 1:09:05.

Outcome

The resolution was approved.

Resolution: Bulletproof Vests for Sheriff's Office

The Council considered a resolution to accept a federal grant for bulletproof vests for the Sheriff's Office 1:09:05.

Grant Details

The Council approved accepting a $345.15 federal grant from the U.S. Department of Justice to support the purchase of bulletproof vests for the Sheriff's Office.

Outcome

The resolution was approved.

Resolution: Equitable Sharing Agreement

The Council approved the 2012 Amended Equitable Sharing Agreement with the Department of Justice and Department of Treasury 1:09:05.

The resolution was brought before the Council for a vote on the amended equitable sharing agreement between local government and the federal agencies. The agreement was approved by the Council.

Resolution: Wastewater System Improvements

1:09:05

The Council approved a resolution to amend the payment accounts for the West Hickman Wastewater System Improvements.

Outcome: The resolution was approved.

Resolution: Class B Education Incentive Grant

The Council approved awarding a Class B Education Incentive Grant for a stormwater quality project to Group CJ, LLC. 1:09:05

The resolution was approved by the Council.

Resolution: Storm Sewer Easement Release

1:09:05

The Council approved a resolution to release a storm sewer easement on property located at 3469 Clays Mill Rd. This action allowed for the removal of easement restrictions that had previously been in place on the property.

The resolution was approved by the Council.

Resolution: Utility and Streetlight Easement Release

The Council approved a resolution to release a utility easement and streetlight easement on property located at 2250 Old Frankfort Pike 1:09:05.

Outcome

The resolution was approved by the Council.

Resolution: Class B Education Incentive Grant

The Council approved awarding a Class B Education Incentive Grant for a stormwater quality project at Lansdowne Elementary School 1:09:05.

Outcome

The resolution was approved by the Council.

Project Details

The grant was designated to support a stormwater quality project at Lansdowne Elementary School.

Resolution: Software Maintenance Agreement

The Council approved a software maintenance and end-user license agreement with Horizon Information Systems, Inc. 1:09:05

No additional details regarding speakers, presentations, debates, or concerns raised during discussion of this item are available in the provided data.

Resolution: Paramedic Training Program

The Council approved a paramedic training program agreement with the University of Kentucky. 1:04:12

Council Member Martin addressed this agenda item during the meeting. The resolution established a formal partnership with the University of Kentucky to provide paramedic training services. The Council voted to approve the agreement, moving the initiative forward.

Resolution: Donation of Vulcan Range

1:05:19

The Council considered and approved a resolution to accept a donation of a Vulcan 6-burner range from Seedleaf, Inc., for use in the Parent Education Program.

Council Member Lawless presented this agenda item. The donation consists of commercial-grade cooking equipment intended to support the Parent Education Program's operations and educational mission.

The Council voted to approve the acceptance of this donation. No concerns or objections were raised during the discussion.

Resolution: Land Lease for Public Safety Radio System

1:04:12

The Council considered and approved a multi-year land lease agreement with Leroy Dale for a shelter related to the public safety radio system.

Council Member Martin addressed this agenda item. The resolution authorized a lease arrangement that would provide land necessary for infrastructure supporting the public safety radio system, specifically for a shelter structure on the leased property.

The Council voted to approve the resolution, moving forward with the lease agreement with Leroy Dale.

Resolution: Police Awards Banquet

1:04:12

The Council approved a rental agreement and catering contract with Lexington Center and Hyatt Regency for the annual Police Awards Banquet. The resolution was passed without recorded objection.

Resolution: Lease Agreements with AIDS Volunteers

The Council approved lease agreements with AIDS Volunteers, Inc., for two properties during this meeting. The agreements covered property located at 851 Todds Rd. and 1807 Dalton Ct. 1:04:12

The resolution was approved by the Council.

Resolution: Purchase of Service Agreement

The Council approved an amendment to the purchase of service agreement with the Lexington Downtown Development Authority 1:04:12.

No additional details regarding key speakers, specific discussion points, concerns raised, or the nature of the amendment are available in the provided meeting materials.

Resolution: Kentucky Economic Development Finance Authority Grant

1:04:12

The Council considered and approved a resolution to submit an application for a $450,000 grant from the Kentucky Economic Development Finance Authority.

The Council voted to approve the submission of this grant application. No additional details regarding discussion, debate, or concerns raised during consideration of this item are available in the provided materials.

Outcome: Approved

Resolution: Police and Fire Pension Fund Consulting

The Council approved a contract with Public Financial Management, Inc., for consulting services related to the Police and Fire Pension Fund 1:04:12.

Outcome

The resolution was approved.

Resolution: Community Association Agreements

1:04:43

The Council approved agreements with three community associations for the Office of the Urban County Council. The resolution covered Community Association Agreements with:

• Quail Run Town Home Association
• Palomar Hills Community Association
• Garden Springs Neighborhood Association

Council Member Martin presented this item to the Council. The resolution was approved without noted opposition or significant debate during the meeting.