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Urban County Council Meeting

February 28, 2013 · 8,736 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on February 28, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street in Lexington, Kentucky, with Mayor Jim Gray presiding. The council conducted a full legislative session that included 29 motions and votes across 11 agenda items. The meeting featured one presentation recognizing Kentucky American Water Science Fair Winners. The council approved ordinances and resolutions on second reading, advanced ordinances and resolutions to first reading, and processed communications from the Mayor. Two members of the public provided comments during the public comment period. The session also included standard procedural items such as roll call, invocation, and announcements.

Attendance

The following individuals were present at the meeting on February 28, 2013:

  • Gorton
  • Henson
  • Kay
  • Lane
  • Lawless
  • Mossotti
  • Myers
  • Scutchfield
  • Stinnett
  • Akers
  • Beard
  • Clarke
  • Ellinger
  • Farmer
  • Ford

No absences or late arrivals were recorded.

Votes and Decisions

All motions brought before the meeting passed unanimously by roll call vote with 15 ayes, 0 nays, and 0 abstentions.

Ordinances

Ordinance 0083-13, amending the position title of Social Worker Sr. to Life Skills Program Specialist in the Division of Family Services, passed on motion by Lane and second by Stinnett 22:31.

Ordinance 0135-13, creating one position of Deputy Chief Administrative Officer, Grade 122E, in the Office of the Chief Administrative Officer, passed on motion by Lane and second by Stinnett 22:31.

Ordinance 0155-13, amending budgets of the Lexington-Fayette Urban County Government to reflect current requirements and re-appropriate funds, passed on motion by Lane and second by Stinnett 22:31.

Ordinance 0211-13, creating Sections 15-11.1 through 15-11.4 of the Code of Ordinances to regulate mobile food unit vendors, passed on motion by Akers and second by Farmer 34:45.

Resolutions

Multiple resolutions passed, including: Resolution 0112-13 accepting E.C. Matthews' bid for Lexington Downtown Streetscape Phase One Site Amenities Package; Resolution 0122-13 accepting Landmark Sprinkler, Inc.'s bid for Kentucky Theatre fire suppression system repair; and Resolution 0123-13 accepting Martin's Sanitation Service, Inc.'s bid for portable restrooms contract. These three resolutions passed on motion by Henson and second by Beard 41:13.

Additional resolutions passed on the same motion and second included: Resolution 0137-13 for Carver Community Center Renovation bid acceptance; Resolution 0086-13 authorizing change order to Woodall Construction Co. for Clays Mill Road Improvements; Resolution 0093-13 amending Resolution 633-2012 accounting line; Resolution 0094-13 authorizing Kentucky Transportation Cabinet sewer improvement reimbursement agreement; Resolutions 0101-13 and 0102-13 authorizing easement releases; Resolution 0108-13 authorizing RCC Consultants change order for public safety radio system; Resolution 0084-13 authorizing PFM Asset Management financial services agreement; Resolution 0120-13 authorizing deed conveyance at 2000 St. Christopher Drive; Resolution 0124-13 authorizing agreements with March Madness Marching Band and Lexington Women's Club; Resolution 0131-13 authorizing banking services agreements; Resolution 0133-13 authorizing Omnisource Integrated Supply WebEOC services; and Resolution 0134-13 authorizing Benefits Insurance Marketing contract 41:13.

Resolution 0150-13 accepting Bulk Plants, Inc.'s bulk fuel contract bid and Resolution 0168-13 accepting Hurst Office Suppliers' copier paper contract bid passed on motion by Gorton and second by Lawless 41:13.

Resolution 0195-13 authorizing LexisNexis research database agreement passed on motion by Mossotti and second by Myers 41:13.

Resolution 0216-13 expressing support for constitutional amendment to restore voting rights to felons passed on motion by Ford and second by Gorton 58:48.

Resolution 0217-13 authorizing advertisement for Series 2013A and 2013B bonds passed on motion by Gorton and second by Ellinger 1:06:11.

Resolution 0196-13 recommending appointments to Board of Health, Commission for Citizens with Disabilities, and Tree Board passed on motion by Stinnett and second by Farmer 1:07:14.

A police disciplinary hearing cancellation passed on motion by Gordon and second by Lane 1:07:50.

Disciplinary action for Officer Coleman passed on motion by Farmer and second by Lane 1:09:32.

The meeting adjourned on motion by Senate and second by Ellinger 1:16:54.

Budget and Financial Actions

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

Construction and Facility Projects

Major capital projects included a $1,094,520 contract with Churchill McGee, LLC for Carver Community Center Renovation (Resolution 0137-13). The Lexington Downtown Streetscape Phase One, Site Amenities Package was awarded to E.C. Matthews for $126,060 (Resolution 0112-13). A change order to the Clays Mill Road Improvements Project contract with Woodall Construction Co. was approved for $183,901.23 (Resolution 0086-13).

Maintenance and Repairs

Landmark Sprinkler, Inc. received a $31,630 contract for fire suppression system repair at the Kentucky Theatre (Resolution 0122-13). A price contract with Martin's Sanitation Service, Inc. was approved for portable restrooms for the Division of Parks and Recreation (Resolution 0123-13).

Software and Technology

New World Systems Corp. was contracted for $497,430 in software maintenance agreement for support services and upgrades (Resolution 0109-13). AT&T Advanced Enterprise Mobility Solutions received $66,799.25 for Netmotion Wireless Mobility XE Software Client License (Resolution 0163-13). A $27,363.26 purchase of a Ques brand sanitary sewer video camera from Eye-Tronics was approved (Resolution 0152-13).

Grants and Reimbursements

The Kentucky Transportation Cabinet received $793,064 reimbursement for sanitary sewer improvements on Fourth Street (Resolution 0094-13). Grant applications for Smart911 and KY911 Network expansion totaling $4,250,000 were approved (Resolution 0171-13). Neighborhood and education incentive grants were awarded: $47,714 to Lansdowne Neighborhood Association for stormwater quality projects (Resolution 0177-13), $29,213 to Living Arts and Science Center (Resolution 0178-13), and $53,340 to Friends of Wolf Run (Resolution 0179-13).

Bonds

Two bond ordinances were approved: $10,000,000 in Various Purpose General Obligation Refunding Bonds, Series 2013B (Ordinance 0215-13) and $14,000,000 in Various Purpose General Obligation Bonds, Series 2013A (Ordinance 0224-13).

Public Comment

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

Downtown Infrastructure and Development

Bernard McCarthy spoke at approximately 1:12:42 regarding downtown infrastructure and development. McCarthy advocated against further government spending on downtown redevelopment. He urged the council to stop propping up real estate prices and instead redirect focus toward infrastructure improvements, specifically mentioning the need to widen roads and preserve existing buildings.

Mobile Food Truck Ordinance

Sean Tibbetts spoke at approximately 1:16:03 regarding the mobile food unit vendor ordinance. Tibbetts expressed gratitude for the council's passage of this ordinance. He specifically thanked Councilmembers Akers, Clark, Lawless, Farmer, and Stinnett for their support. Tibbetts noted that the ordinance enables entrepreneurs to spend less time navigating bureaucracy and more time working.

Appointments

The following appointments and reappointments were made during the meeting:

  • Chris Ford was appointed to the Board of Health.
  • Tiffany J. Webb was appointed to the Commission for Citizens with Disabilities.
  • Andrea Strassburg was reappointed to the Commission for Citizens with Disabilities.
  • Harry Clarke was appointed to the Tree Board.

Contested Items

Resolution 0216-13 on Voting Rights Restoration

Resolution 0216-13, concerning the restoration of voting rights to formerly incarcerated individuals, generated heated discussion during the meeting. Human Rights Commissioner Anthony Everett delivered a passionate speech in support of the measure, framing voting rights restoration as both a moral imperative and a human rights issue. His advocacy reflected strong public support for the resolution.

The nature of the disagreement centered on whether individuals with prior incarceration should have their voting rights restored, with Everett arguing for restoration based on human rights principles. The resolution received notable backing from public testimony and advocacy during the meeting.

Roll Call

All 15 council members were present at the meeting. The roll call was conducted by the clerk. 1:37

Invocation

Pastor Matthew Cole of Calvary Church of the Nazarene offered the invocation at the beginning of the meeting 2:16. Following the invocation, the assembled attendees gave a standing ovation.

Presentation: Kentucky American Water Science Fair Winners

5:06

Mayor Jim Gray introduced representatives from Kentucky American Water and Fayette County Public Schools to recognize students who participated in the regional science fair. The presentation honored over 775 students from elementary, middle, and high schools who competed in the event.

Key speakers included: - Mayor Jim Gray - Cheryl Norton - Susan Lancho - Ellen Williams - David Helm - Lori Bowen

The presentation served as a recognition ceremony for the participating students' achievements in the science fair competition. Following the remarks, certificates were distributed to acknowledge the students' participation and accomplishments.

The outcome was informational in nature, with no debate or concerns raised during the agenda item.

Ordinances – Second Reading

22:31

Three ordinances received second reading and approval during this agenda item.

The ordinances addressed the following matters:

  • An ordinance amending a position title in Family Services
  • An ordinance creating a Deputy Chief Administrative Officer position
  • An ordinance re-appropriating budget funds

Key speakers on this item included Lane and Stinnett.

All three ordinances were approved unanimously by the body.

Ordinances – First Reading

23:57

Several ordinances were presented for first reading and placed on file for public inspection. Key speakers on this agenda item included Gorton and Ellinger.

The ordinances covered multiple topics:

  • Zoning changes
  • Creation of new positions
  • Hazardous materials code revisions
  • Bond authorizations

All ordinances presented were advanced to first reading status, with materials made available for public inspection as part of the standard municipal review process.

Resolutions – Second Reading

41:13

Multiple resolutions were presented for second reading and approval during this agenda item. The resolutions addressed bids and authorizations for several municipal projects and services.

Projects and Bids Approved

The resolutions approved acceptance of bids for the following: - Streetscape improvements - Fire suppression systems - Portable restrooms - Community center renovations

In addition to bid acceptances, the resolutions authorized change orders and agreements for various ongoing projects.

Key Speakers

Henson and Beard were the primary speakers during this agenda item.

Outcome

All resolutions presented for second reading were approved.

Resolutions – First Reading

42:18

Several resolutions were presented for first reading during this portion of the meeting. The resolutions addressed a range of administrative and operational matters, including conditional offers for civil service appointments, ratification of past appointments, and authorizations for software, equipment, and grant applications.

Key speakers during this agenda item included Gorton, Lawless, Ellinger, and Myers, who participated in the discussion and presentation of the various resolutions.

The resolutions were read for first reading, which is the initial formal presentation of proposed measures before the body. This procedural step allows for review and discussion prior to subsequent readings and final action.

The outcome of this agenda item was that the resolutions advanced to first reading status, with no final action taken at this time.

Communications from the Mayor

1:07:14

The Mayor presented recommendations for appointments to three boards and commissions. Speakers Stinnett and Farmer participated in the discussion of these appointments.

The Mayor recommended appointments to the following:

  • Board of Health
  • Commission for Citizens with Disabilities
  • Tree Board

All recommended appointments were approved by the Council.

Communications from the Mayor (For Information Only)

1:07:14

The Mayor presented communications to the Council for informational purposes. The Mayor informed the Council of two personnel matters:

  • A voluntary demotion
  • A staff transfer

Both matters were noted for information only and did not require Council action. This agenda item provided the Council with updates on internal administrative changes within the Mayor's office or city staff.

Announcements

During the announcements portion of the meeting 1:10:32, two items were shared with the public.

Councilmember Farmer announced the dedication of Mission Lexington's new medical and dental clinic. Details regarding the timing, location, or specific services of the clinic were not provided in the available information.

Councilmember Lawless reminded the public of an upcoming downtown parking meeting. No additional details about the meeting's date, time, or location were included in the summary.

Both announcements were informational in nature, with no debate or discussion recorded.

Public Comments

Two members of the public addressed the council during this agenda item. 1:12:42

Bernard McCarthy criticized the council's downtown spending priorities, arguing that resources should be directed toward infrastructure improvements rather than redevelopment projects. He advocated for a reallocation of funds to address infrastructure needs.

Sean Tibbetts offered positive remarks, praising the council for its support of mobile food vendors.

The public comment period was informational in nature, with no formal council action or response required.

Decisions

  • Ordinance 0083-13 — passed (15-0): Amending Section 21-5(2) of the Code of Ordinances to change the position title of Social Worker Sr. to Life Skills Program Specialist in the Div. of Family Services
  • Ordinance 0135-13 — passed (15-0): Creating one position of Deputy Chief Administrative Officer, Grade 122E, in the Office of the Chief Administrative Officer
  • Ordinance 0155-13 — passed (15-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements and re-appropriating funds
  • Ordinance 0211-13 — passed (15-0): Creating Sections 15-11.1 through 15-11.4 of the Code of Ordinances to regulate mobile food unit vendors
  • Resolution 0112-13 — passed (15-0): Accepting bid of E.C. Matthews for Lexington Downtown Streetscape Phase One, Site Amenities Package
  • Resolution 0122-13 — passed (15-0): Accepting bid of Landmark Sprinkler, Inc. for fire suppression system repair at Kentucky Theatre
  • Resolution 0123-13 — passed (15-0): Accepting bid of Martin’s Sanitation Service, Inc. for portable restrooms contract
  • Resolution 0137-13 — passed (15-0): Accepting bid of Churchill McGee, LLC for Carver Community Center Renovation
  • Resolution 0086-13 — passed (15-0): Authorizing change order to Woodall Construction Co. contract for Clays Mill Rd. Improvements Project
  • Resolution 0093-13 — passed (15-0): Amending Section 2 of Resolution 633-2012 to change accounting line for Smith Contractors bid
  • Resolution 0094-13 — passed (15-0): Authorizing agreement with Kentucky Transportation Cabinet for sewer improvement reimbursement
  • Resolution 0101-13 — passed (15-0): Authorizing release of temporary construction easement at 233 Ruccio Way
  • Resolution 0102-13 — passed (15-0): Authorizing release of two temporary construction easements and one access easement at 225 Ruccio Way
  • Resolution 0108-13 — passed (15-0): Authorizing change order to RCC Consultants agreement for public safety radio system
  • Resolution 0084-13 — passed (15-0): Authorizing agreement with PFM Asset Management for financial services
  • Resolution 0120-13 — passed (15-0): Authorizing deed conveyance of permanent easement at 2000 St. Christopher Dr.
  • Resolution 0124-13 — passed (15-0): Authorizing agreements with March Madness Marching Band and Lexington Women's Club
  • Resolution 0131-13 — passed (15-0): Authorizing agreements with J.P. Morgan Chase, U.S. Bank, Elavon for banking services
  • Resolution 0133-13 — passed (15-0): Authorizing agreement with Omnisource Integrated Supply for WebEOC services
  • Resolution 0134-13 — passed (15-0): Authorizing contract with Benefits Insurance Marketing for insurance review
  • Resolution 0150-13 — passed (15-0): Accepting bid of Bulk Plants, Inc. for bulk fuel contract
  • Resolution 0168-13 — passed (15-0): Accepting bid of Hurst Office Suppliers for copier paper contract
  • Resolution 0195-13 — passed (15-0): Authorizing agreement with LexisNexis for research database
  • Resolution 0216-13 — passed (15-0): Expressing support for constitutional amendment to restore voting rights to felons
  • Resolution 0217-13 — passed (15-0): Authorizing advertisement for bids on Series 2013A and 2013B bonds
  • Resolution 0196-13 — passed (15-0): Recommending appointments to Board of Health, Commission for Citizens with Disabilities, and Tree Board
  • Resolution 0086-13 — passed (15-0): Canceling police disciplinary hearing
  • Resolution 0086-13 — passed (15-0): Approving disciplinary action for Officer Coleman
  • Resolution 0086-13 — passed (15-0): Adjournment