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Urban County Council Meeting

July 2, 2013 · 6,938 words

Watch the official video · Markdown version · Full transcript (text) · Agenda (PDF) · Official minutes (PDF)

Summary

Meeting Overview

The Urban County Council met on July 2, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main St, Lexington, KY 40507, with Mayor Jim Gray presiding. The council conducted a full legislative session that included nine agenda items and took 57 motions and votes. The meeting covered standard procedural matters including roll call and invocation, followed by approval of minutes from previous meetings. The council approved ordinances and resolutions on second reading, advanced ordinances and resolutions to first reading, and approved communications. Two members of the public provided comments during the meeting. The session concluded with a floor for announcements.

Attendance

The following individuals were present at the meeting on July 2, 2013:

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

No absences or late arrivals were recorded.

Votes and Decisions

All motions and resolutions brought before the council on July 2, 2013, passed unanimously by roll call vote with 15 ayes, 0 nays, and 0 abstentions. The following members voted in favor of all measures: Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Clark, and Ellinger.

Ordinances 5:09

Ordinance 0651-13 (motion by Ms. Gorton, second by Mr. Kay) changed zoning from Planned Neighborhood Residential (R-3) to Townhouse Residential (R-1T) for properties at 835, 836, 848, 849, and 856 DeRoode Street and a former railroad parcel, with dimensional variances.

Ordinance 0648-13 (motion by Ms. Gorton, second by Mr. Scutchfield) amended Subsection 12-5(c) of the Code of Ordinances to prohibit vegetation interfering with vehicular traffic within the public right-of-way.

Ordinance 0691-13 (motion by Ms. Gorton, second by Mr. Scutchfield) amended budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriated and re-appropriated funds under Schedule No. 1.

Resolutions [timestamp: 00:21:14 and 00:46:00]

The council approved numerous resolutions including: accepting bids for sanitary sewer rehabilitation (Leak Eliminators, LLC), emergency pumps and accessories (Xylem Dewatering Solutions), automotive and truck parts, and pump station equipment; ratifying civil service appointments; authorizing grant applications totaling over $1.6 million in federal funds; executing various service agreements and contracts; and approving infrastructure projects including the Todds/Liberty Road Improvement Project, Carver Community Center Renovation, and Polo Club Boulevard Public Improvements. Additional resolutions authorized agreements with educational institutions, community organizations, and state agencies, and approved the conversion of Westmore Street from one-way to two-way traffic.

Budget and Financial Actions

The meeting approved numerous financial actions across multiple categories:

Contract Amendments

Four contract price increases were approved: - Resolution 0642-13: $5,695 increase for HVAC and Piping Repair at the Phoenix Building with Triton Services, Inc. - Resolution 0653-13: $478,000 increase for Town Branch and West Hickman Wastewater Treatment Plant improvements with Smith Contractors, Inc. - Resolution 0692-13: $3,655.85 increase for Carver Community Center Renovation with Churchill McGee, LLC - Resolution 0662-13: $8,701 increase for FEMA Chemical Stockpile Emergency Preparedness Annual Meeting with Hilton Lexington Downtown

Service and Lease Agreements

Major service agreements were authorized: - Resolution 0677-13: $2,297,475 purchase of service agreement with American Red Cross Bluegrass Chapter and 32 other nonprofit organizations - Resolution 0673-13: $235,000 service agreement with Lexington-Fayette Urban County Human Rights Commission - Resolution 0657-13: $20,000 service agreement with Spec Rescue International Inc. - Resolution 0665-13: $8,278 service agreement with Bluegrass Regional Mental Health-Mental Retardation Board, Inc. - Resolution 0678-13: $18,000 lease agreement with Glenncase, LLC for temporary salt storage

Engineering and Professional Services

Three engineering services agreements were approved: - Resolution 0640-13: $349,599 with URS Corp. for traffic signal timing project - Resolution 0694-13: $199,737 with GRW Engineers, Inc. for Polo Club Blvd. Public Improvements Project - Resolution 0682-13: $40,500 with Texas A&M Engineering Extension Service for Hazardous Devices Unit Training

Grant Applications

Five grant applications were authorized: - Resolution 0652-13: $229,909 to U.S. Department of Justice for Edward Byrne Memorial Justice Assistance Grant Program - Resolution 0658-13: $150,000 to Kentucky Office of Homeland Security for Metropolitan Medical Response System - Resolution 0679-13: $1,381,005 to Kentucky Office of Homeland Security for State Homeland Security Grant Program - Resolution 0654-13: $75,000 to Kentucky State Police for Motor Carrier Safety Assistance Program - Resolution 0657-13: $13,633 to Kentucky Office of Homeland Security for micro-robot equipment

Construction and Infrastructure Contracts

Notable construction contracts included: - Resolution 0754-13: $522,665 with DMH Construction, Inc. for Idle Hour North Stormwater Improvements - Resolution 0706-13: $737,798.75 with Bluegrass Contracting Corp. for Meadows Northland Arlington Neighborhood Improvement Project Phase 5B - Resolution 0609-13: $135,360 with Aramark Correctional Services for laundry services - Resolution 0720-13: $33,957 with Accuvant, Inc. for Network Firewall Components

Additional price contracts were approved for automotive parts, equipment, sanitary sewer rehabilitation, and emergency pumps, though specific amounts were not specified for those items.

Public Comment

Council Member Lawless addressed the council on two matters during the public comment period.

Recognition of Council Clerk Susan Lamb 48:08

Council Member Lawless honored Council Clerk Susan Lamb, noting that the meeting marked her final day of service. Council Member Lawless expressed personal gratitude for Lamb's dedication and hard work throughout her tenure.

Storm Damage in Eastern Neighborhoods 51:16

Council Member Lawless reported that a severe storm had caused significant damage in neighborhoods near Kentucky Avenue. The damage included downed trees and blocked streets. Council Member Lawless advised caution for travelers in the affected area.

Appointments

The following individuals were appointed to positions within various divisions:

Facilities and Fleet Management - Kenneth Robinson - Garland Martin - Thomas Thompson

Planning - Laurie Jackson

Water Quality - Christopher Cummins - Shaun Gatewood - Courtney Thacher

Council Clerk's Office - Stephen Pracht

Waste Management - Harry Montgomery

Human Resources - Mike Osumenya

Revenue - Ada Jennings

Community Corrections - Clifford Fredrick - Timothy Carman

Parks and Recreation - Okescha Wilson - Anthony Hawkins

Fire and Emergency Services - Phillip Smyth

Roll Call

0:00

The meeting began with a roll call of council members. All council members were present at the meeting.

Invocation

Reverend Mark Davis of First Presbyterian Church delivered the invocation at the beginning of the meeting 1:24. In his remarks, Reverend Davis praised the council members for their public service. He emphasized the importance of compassion and listening as the council conducted its work.

The invocation served as an informational opening to the meeting, setting a reflective tone for the proceedings to follow.

Minutes of the Previous Meetings

3:28

The minutes from the previous meetings held on May 2, 23, and 28, and June 6 and 18, 2013 were presented for approval.

Ms. Gorton and Mr. Kay addressed this agenda item. The minutes were approved by unanimous vote.

Outcome: The minutes from all five previous meetings were approved without objection.

Ordinances – Second Reading

4:35

Three ordinances received second reading and approval during this portion of the meeting.

The first ordinance changed zoning for DeRoode Street. The second ordinance prohibited vegetation from interfering with traffic in public rights-of-way. The third ordinance amended budgets to reflect current expenditures.

Key speakers during this agenda item included Ms. Gorton, Mr. Kay, and Mr. Scutchfield.

All three ordinances were approved.

Ordinances – First Reading

6:13

Six ordinances were introduced for first reading during this agenda item. The ordinances were presented for consideration and subsequently placed on file for public inspection.

The ordinances addressed several matters, including:

  • Closing a sidewalk right-of-way
  • Salary increases for civil service employees
  • Various personnel changes
  • Budget modifications

Ms. Gorton and Mr. Farmer were the key speakers during the discussion of these ordinances.

All six ordinances were advanced to first reading status, meaning they were formally introduced and made available for public review before proceeding to subsequent readings and final consideration.

Resolutions – Second Reading

11:38

Twenty-two resolutions received second reading and were approved during this agenda item. The resolutions addressed a range of municipal matters and contractual agreements.

Key Speakers

Ms. Henson and Ms. Mossotti presented and discussed the resolutions.

Items Approved

The approved resolutions included:

  • Contracts for sewer rehabilitation
  • Pump systems procurement
  • Vehicle parts contracts
  • Internet access agreements
  • Adopt-a-spot program agreements
  • Business inducement agreements

Outcome

All twenty-two resolutions were approved.

Resolutions – First Reading

23:58

Twenty-nine resolutions were introduced for first reading and placed on file for public inspection. The resolutions encompassed a range of municipal matters, including contracts for construction, equipment, and services, as well as agreements related to training, grants, and property rights.

Ms. Gorton and Mr. Ford were the key speakers during this agenda item. The resolutions were presented for initial consideration, with all items being placed on file to allow for public review prior to subsequent readings and final action.

Outcome: All resolutions received first reading and were placed on file for public inspection.

Communications

A motion to approve communications was presented during this agenda item 47:32. Mr. Stinnett and Mr. Kay were the key speakers involved in this discussion.

The motion to approve communications was passed unanimously by the body.

Floor for Announcements

48:08

Council Member Lawless used the floor for announcements to recognize two significant matters.

First, Council Member Lawless acknowledged Council Clerk Susan Lamb's final meeting, marking the conclusion of her tenure with the council.

Second, Council Member Lawless reported on storm damage that had affected eastern neighborhoods, bringing attention to the impact of recent weather events in that area of the community.

This agenda item was informational in nature, providing council members an opportunity to share announcements with the body and the public.

Decisions

  • Ordinance 0651-13 — passed (15-0): Changing zone from Planned Neighborhood Residential (R-3) to Townhouse Residential (R-1T) for property at 835, 836, 848, 849, and 856 DeRoode St., and a former railroad parcel, with dimensional variances.
  • Ordinance 0648-13 — passed (15-0): Amending Subsection 12-5(c) of the Code of Ordinances to prohibit vegetation interfering with vehicular traffic within the public right-of-way.
  • Ordinance 0691-13 — passed (15-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds, Schedule No. 1.
  • Resolution 0604-13 — passed (15-0): Accepting the bid of Leak Eliminators, LLC, for a price contract for Sanitary Sewer System Rehabilitation for the Div. of Water Quality.
  • Resolution 0623-13 — passed (15-0): Accepting the bid of Xylem Dewatering Solutions, Inc. d/b/a Godwin Pumps of America, for a price contract for Emergency Pumps and Accessories for the Div. of Water Quality.
  • Resolution 0639-13 — passed (15-0): Accepting bids from multiple vendors for automotive and truck parts for the Div. of Facilities and Fleet Management.
  • Resolution 0661-13 — passed (15-0): Accepting bids from JGB Enterprises, Inc. and Xylem Dewatering Solutions d/b/a Godwin Pumps for price contracts for Pump Station Hose, Fittings, and Motor Controller for the Div. of Water Quality.
  • Resolution 0670-13 — passed (15-0): Ratifying probationary civil service appointments for multiple employees in various departments, including Kenneth Robinson, Garland Martin, Thomas Thompson, Laurie Jackson, Christopher Cummins, Shaun Gatewood, and Stephen Pracht, and unclassified appointments for Courtney Thacher and Harry Montgomery.
  • Resolution 0559-13 — passed (15-0): Authorizing the Mayor to execute a Statement of Compliance with the Commonwealth of Ky., Transportation Cabinet, for bridge posting requirements.
  • Resolution 0599-13 — passed (15-0): Authorizing the Mayor to execute a Right of Entry Agreement with Time Warner Cable for installation of high-speed internet at police locations.
  • Resolution 0601-13 — passed (15-0): Authorizing the cancellation of the Rural and Inner City Adopt-a-Spot Agreement with St. John’s Lutheran Church Venture Crew 279 and execution of new agreements with Bryan Station High School Wrestling and Boy’s Soccer Teams, at a cost not to exceed $1,265.40.
  • Resolution 0602-13 — passed (15-0): Authorizing the Mayor to execute a Lease Agreement with Lexington-Fayette County NAACP Branch for space at the Black and Williams Neighborhood Center.
  • Resolution 0609-13 — passed (15-0): Accepting the response of Aramark Correctional Services to RFP No. 9-2013 for laundry services for the Div. of Community Corrections, authorizing the Mayor to sign necessary agreements.
  • Resolution 0610-13 — passed (15-0): Authorizing the Mayor to execute agreements with Fayette County, Kenton County, and 28th Judicial Circuit Commonwealth Attorney’s Offices for services under the 2011 Project Safe Neighborhood Program.
  • Resolution 0624-13 — passed (15-0): Authorizing the Mayor to execute an amendment to the agreement with the Ky. Dept. for Local Government to extend the Coolavin Rail Trail Project through June 30, 2014, at no cost.
  • Resolution 0625-13 — passed (15-0): Authorizing the Mayor to execute an amendment to the agreement with the Ky. Transportation Cabinet to extend the Tates Creek Rd. Sidewalk Improvements Project through June 30, 2014, at no cost.
  • Resolution 0631-13 — passed (15-0): Approving an inducement to Hummingbird Nano, Inc., under the Ky. Business Investment Act, to forego 1% of occupational license fees for up to 10 years.
  • Resolution 0632-13 — passed (15-0): Approving an inducement to Tiffany and Co. Jewelers, Inc., under the Ky. Business Investment Act, to forego 1% of occupational license fees for up to 10 years.
  • Resolution 0633-13 — passed (15-0): Approving an inducement to Total Quality Logistics, LLC, under the Ky. Business Investment Act, to forego 1% of occupational license fees for up to 10 years.
  • Resolution 0634-13 — passed (15-0): Approving an inducement to Telehealth Holdings, LLC, under the Ky. Business Investment Act, to forego 1% of occupational license fees for up to 10 years.
  • Resolution 0640-13 — passed (15-0): Authorizing the Mayor to execute an Engineering Services Agreement with URS Corp. for a traffic signal timing project for the FY 2014 ITS/CMS Traffic Improvements Project, at a cost not to exceed $349,599.
  • Resolution 0642-13 — passed (15-0): Authorizing the Mayor to execute Change Order No. 2 to the contract with Triton Services, Inc., increasing the price by $5,695 from $226,800 to $232,495.
  • Resolution 0649-13 — passed (15-0): Authorizing the Mayor to execute a First Amendment to the Purchase Agreement with Cassidian Communications, Inc., and the Lexington-Fayette Urban County Airport Corp., for the 800 MHz Digital Simulcast Radio Network.
  • Resolution 0652-13 — passed (15-0): Authorizing the Mayor to execute and submit a Grant Application to the U.S. Dept. of Justice for the Edward Byrne Memorial Justice Assistance Grant Program, for $229,909 in federal funds for equipment and training for the Div. of Police.
  • Resolution 0653-13 — passed (15-0): Authorizing the Mayor to execute Change Order No. 1 to the contract with Smith Contractors, Inc., increasing the price by $478,000 from $13,442,723 to $13,920,723.
  • Resolution 0758-13 — passed (15-0): Authorizing the Division of Human Resources to make a conditional offer to probationary civil service appointments: Okescha Wilson, Phillip Smyth, Anthony Hawkins, and Timothy Carman.
  • Resolution 0759-13 — passed (15-0): Ratifying probationary civil service appointments for Mike Osumenya, Ada Jennings, and Clifford Fredrick.
  • Resolution 0643-13 — passed (15-0): Authorizing the Mayor to execute Supplemental Agreement No. 4 with the Ky. Transportation Cabinet for purchase of right-of-way for Section II of the Todds/Liberty Rd. Improvement Project, up to $1 million.
  • Resolution 0654-13 — passed (15-0): Authorizing the Mayor to execute an Addendum to the Memorandum of Understanding with the Lexington-Fayette County Health Dept. for FOG Training Services, renewing for one year at up to $1,200.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute a Professional Services Agreement with Melissa Young-Flynn as a Sexual Assault Nurse Examiner.
  • Resolution 0658-13 — passed (15-0): Authorizing the Mayor to execute and submit a Grant Application to the Ky. Office of Homeland Security for $150,000 in federal funds for continuation of the Metropolitan Medical Response System (MMRS).
  • Resolution 0665-13 — passed (15-0): Authorizing the Mayor to execute an Amendment to Loan Agreement with Bluegrass Regional Mental Health-Mental Retardation Board, Inc., for $8,278 in additional Community Development Block Grant Funds.
  • Resolution 0672-13 — passed (15-0): Authorizing the Mayor to execute a Quitclaim Deed transferring a portion of right-of-way at 442 Fayette Park to the abutting owner.
  • Resolution 0678-13 — passed (15-0): Authorizing the Mayor to execute a Lease with Glenncase, LLC, for temporary salt storage at 801 E. New Circle Rd, up to $18,000.
  • Resolution 0679-13 — passed (15-0): Authorizing the Mayor to execute and submit six Grant Applications to the Ky. Office of Homeland Security for $1,381,005 in federal funds for various emergency services equipment.
  • Resolution 0662-13 — passed (15-0): Authorizing the Mayor to execute an Agreement with the Board of Education of Fayette County, Ky., for information sharing on occupational license fees/taxes, at no cost.
  • Resolution 0673-13 — passed (15-0): Authorizing the Mayor to execute a Purchase of Service Agreement with the Lexington-Fayette Urban County Human Rights Commission for FY 2014, up to $235,000.
  • Resolution 0675-13 — passed (15-0): Authorizing the Mayor to execute a Concession Agreement with Lexington Youth Soccer Association for Masterson Station Park Fields.
  • Resolution 0681-13 — passed (15-0): Authorizing the Mayor to execute a Maintenance Agreement with the Ky. Transportation Cabinet for the shared-use path along Harrodsburg Rd., at no cost.
  • Resolution 0682-13 — passed (15-0): Authorizing the Mayor to execute an Agreement with Texas A&M Engineering Extension Service for Hazardous Devices Unit Training for the Div. of Police, up to $40,500.
  • Resolution 0692-13 — passed (15-0): Authorizing the Mayor to execute Change Order No. 1 to the contract with Churchill McGee, LLC, for the Carver Community Center Renovation, increasing price by $3,655.85.
  • Resolution 0694-13 — passed (15-0): Authorizing the Mayor to execute an Engineering Services Agreement with GRW Engineers, Inc., for the design of the Polo Club Blvd. Public Improvements Project, up to $199,737.
  • Resolution 0643-13 — passed (15-0): Amending Section 2 of Resolution 208-2013 to increase authorization for the Fourth and Jefferson Signalization Project from $4,000 to $16,000.
  • Resolution 0654-13 — passed (15-0): Authorizing the Mayor to execute and submit a Grant Application to the Ky. State Police Commercial Vehicle Enforcement Division for $75,000 in federal funds for the Motor Carrier Safety Assistance Program, with a $18,750 local match.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute and submit a Grant Application to the Ky. Office of Homeland Security for $13,633 in federal funds for a micro-robot for the Div. of Police.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute a cost-sharing agreement with Transylvania University for sidewalk reconstruction associated with the Kentucky Transportation Cabinet, 4th Street improvements, up to $220,000.
  • Resolution 0657-13 — passed (15-0): Authorizing the Division of Fire and Emergency Services to procure professional training services from Spec Rescue International Inc., up to $20,000 FY 2014.
  • Resolution 0657-13 — passed (15-0): Approving the conversion of Westmore Street between Jefferson Street and Newtown Pike from one-way to two-way traffic.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute a certificate of consideration and accept deeds for property interests needed for the East Lake Trunk Sewer Project.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute certificates of consideration and accept deeds for property interests needed for the Century Hills trunk sewer replacement project, up to $300,000.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute purchase of service agreements for FY 2014 with Commerce Lexington, Downtown Lexington Corp., Kentucky World Trade Center, Lexington Score, Lyric Theater, Bluegrass Area Development District, and Lexington Downtown Development Authority, up to $1,188,360.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute certificates of consideration and accept deeds for property interests needed for the Bobo Link sewer replacement project, up to $250,000.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute an agreement with Kentucky Utilities Company to permit banner attachments to poles, at no cost.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute and submit an amended application for tax increment financing for the Phoenix Park Courthouse project through the Kentucky Economic Development Finance Authority.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute a memorandum of agreement with FEMA, Kentucky Heritage Council, and Kentucky Division of Emergency Management for historic study and impact mitigation of two properties on Lafayette Parkway.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute Change Order No. 1 to the contract with Hilton Lexington Downtown for the 2013 FEMA Chemical Stockpile Emergency Preparedness Annual Meeting, increasing price by $8,701.
  • Resolution 0657-13 — passed (15-0): Authorizing the Mayor to execute a contract agreement with Machine X Technologies Inc. for modified line layout for the materials recovery facility RFP No. 18-2013, up to $1,111,642.86.