Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Council met on October 10, 2013, at 6:00 p.m. in the Council Chambers at 200 E. Main Street, Lexington, Kentucky, with Mayor Jim Gray presiding. During the meeting, the Council took 92 motions and votes across nine agenda items. The Council heard one presentation regarding Lowe's employees' efforts to refurbish Constitution Park and received one public comment.

The Council approved the minutes from previous meetings and advanced several pieces of legislation, including approving ordinances on second reading and resolutions on both first and second reading. Ordinances on first reading were also introduced for consideration. The Council approved communications from the Mayor and addressed a police disciplinary item. The meeting concluded with the public comment period.

Attendance

The following individuals were present at the meeting on October 10, 2013:

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

No absences or late arrivals were recorded.

Votes and Decisions

The council held 47 votes during this meeting, with all measures passing unanimously by roll call vote except for one ordinance that was tabled and three ordinances that received first reading.

Ordinances Passed

Six ordinances passed by roll call vote with 15 ayes and 0 nays:

• Ordinance 1015-13: Amending zoning ordinance to allow inoperable vehicles in vehicle storage yards for up to 60 days 25:57
• Ordinance 0990-13: Abolishing Environmental Inspector position and creating Environmental Initiatives Specialist position 25:57
• Ordinance 1038-13: Creating Budget Analyst Sr. position in Council Office 25:57
• Ordinance 1039-13: Creating Security Officer position in Div. of Facility and Fleet Services 25:57
• Ordinance 1007-13: Approving amendment to Div. of Purchasing Revised Regulations for procurement of construction management services 25:57
• Ordinance 1057-13: Amending budgets to reflect current requirements and appropriating/re-appropriating funds 25:57
• Ordinance 1018-13: Abolishing Police Captain position and creating Police Lieutenant position 28:14
• Ordinance 1071-13: Abolishing Administrative Officer position and creating Administrative Officer Senior position 28:49
• Ordinance 1116-13: Amending budgets to reflect current requirements and appropriating/re-appropriating funds 29:21

Ordinance Tabled

Ordinance 1015-13: Amending zoning ordinance to define Adult Day Care Center and Day Shelter as conditional use was tabled by voice vote 27:08

Ordinances on First Reading

Three ordinances received first reading by voice vote: - Ordinance 0991-13: Creating Personal Protective Equipment Manager position in Div. of Fire and Emergency Services 28:14 - Ordinance 1071-13: Abolishing Administrative Officer position and creating Administrative Officer Senior position 28:49 - Ordinance 1116-13: Amending budgets to reflect current requirements and appropriating/re-appropriating funds 29:21

Resolutions Passed

Thirty-eight resolutions passed by roll call vote with 15 ayes and 0 nays, covering bid acceptances, professional services agreements, grant applications, facility usage agreements, civil service appointments, and memoranda of understanding with various organizations and government agencies.

Budget and Financial Actions

The meeting included approval of numerous contracts, grants, and financial agreements across multiple city departments and initiatives.

Construction and Infrastructure Contracts

The city approved several major construction contracts:

• Crack sealing for the Division of Streets and Roads with Scodeller Construction, Inc. for $111,150 (Resolution 0988-13)
• Blue Sky Pump Station and Force Main Contract 1 - Pump Station with Grant's Excavating, Inc. for $570,000 (Resolution 0994-13)
• Blue Sky Pump Station and Force Main Contract 1 - Force Main with Hubert Excavating and Contracting, LLC for $1,100,000 (Resolution 1017-13)
• East Lake Trunk Sewer Replacement with Cleary Construction, Inc. for $735,206 (Resolution 1026-13)

Price Contracts

The city approved price contracts with the following vendors:

• Pavement Technology, Inc. for asphalt surface maintenance with asphalt rejuvenating agent (Resolution 1033-13)
• Wolf Creek Co., Inc. for extreme slope mowers for the Division of Parks and Recreation (Resolution 1046-13)
• Bluegrass Uniforms, Inc. for SCBA maintenance for the Division of Fire and Emergency Services (Resolution 1053-13)
• Hydro Controls, Inc. for electric actuators for the Division of Water Quality (Resolution 1055-13)

Professional Services and Maintenance Agreements

• Professional services agreement with Dr. Patricia K. Howard for $11,750 annually (Resolution 0926-13)
• Second renewal of engineering services agreement with Hazen and Sawyer, P.S.C. for $345,000 (Resolution 0960-13)
• Maintenance services agreement with Otis Elevator Co. for $1,844.40 (Resolution 0975-13)
• Lease agreement with FRM Lawson LLC for Water Quality Maintenance Operations for $170,318.40 annually (Resolution 1090-13)

Grant Applications

The city submitted grant applications totaling approximately $12.3 million:

• U.S. Department of Homeland Security for fire engine and defibrillators: $900,000 (Resolution 0998-13)
• Kentucky Board of Emergency Medical Services for EMS equipment: $20,400 (Resolution 1001-13)
• Kentucky Division of Emergency Management for flood mitigation: $1,422,000 (Resolution 1003-13)
• Blue Grass Community Foundation: $250,000 (Resolution 1087-13)
• Kentucky Transportation Cabinet for multiple projects: $3,713,524 (Resolution 1089-13)
• Kentucky Transportation Cabinet for CMAQ program projects: $6,901,524 (Resolution 1091-13)
• Kentucky Justice Cabinet for SANE program: $45,123 (Resolution 1092-13)
• Lumina Foundation for Latina education support project: $34,100 (Resolution 1116-13)

Additional Agreements and Appointments

The city also approved facility usage agreements, community partnerships, donations, and civil service appointments for various departments.

Public Comment

Bernard McCarthy addressed the board at approximately 1:06:46, raising two infrastructure-related topics.

McCarthy advocated for the implementation of impact fees on building permits in Fayette County. He argued that these fees would distribute infrastructure costs more fairly across the development community, rather than concentrating costs on existing residents and taxpayers.

McCarthy also expressed support for expanding the use of natural gas in city vehicles. He framed this initiative as a means to reduce fuel imports, positioning it as both an economic and energy security measure for the municipality.

Appointments

The following personnel actions were taken:

Appointed:

• Jonathan Miller, Div. of Streets and Roads
• Michael Lambert, Div. of Water Quality
• Frank Mabson, Div. of Water Quality
• Theodore Adams, Div. of Police
• Antonio Mack, Div. of Parks and Recreation
• Christopher Toutant, Div. of Parks and Recreation
• Rebecca Warner, Div. of Police
• William Sinclair, Jr., Div. of Facilities and Fleet Management
• Joseph Kipp, Div. of Parks and Recreation
• James Kiger, Div. of Parks and Recreation
• Janet Davis, Div. of Human Resources
• Sharick Edmonds, Div. of Waste Management
• Russell Scott, Div. of Waste Management
• Anthony Kelly, Div. of Parks and Recreation
• Allen Hinkle, Div. of Computer Services
• Melissa Lueker, Div. of Budgeting
• Samuel Murdock, Div. of Police
• Kristi Wilkinson, Div. of Accounting
• Kenneth Smith, Div. of Parks and Recreation
• Robert Alexander, Div. of Parks and Recreation
• Stephen Gahafer, Div. of Code Enforcement
• Carrie Bradford, Div. of Grants and Special Programs
• Clinton Votaw, Div. of Facilities and Fleet Management
• Gary Rothwell, Div. of Facilities and Fleet Management
• Robbin Moore, Div. of Parks and Recreation
• Kesayne Lindsey, Div. of Youth Services
• Clay Combs, Div. of Police

Resigned:

• Chris Young, Div. of Police

Contested Items

Budget Amendment for Capital Projects

Council Member Farmer and Council Member Lawless raised concerns regarding a proposed budget amendment for capital projects. Their primary objection centered on the lack of established guidelines for the expenditure of $2.25 million from the fund balance. The council members argued that spending such a substantial amount without clear spending criteria presented a governance concern.

In response to these concerns, a motion was made to table the ordinance. This procedural action was intended to delay the vote and allow for a more comprehensive discussion on fund balance policies before the amendment could proceed. This approach reflected the council's desire to establish proper oversight mechanisms and spending guidelines prior to authorizing the capital project expenditures.

Presentation - Lowe's employees help refurbish Constitution Park

4:14

Council members recognized 23 Lowe's employees from the Richmond Road and Hamburg locations for their volunteer efforts in refurbishing Constitution Park. The presentation highlighted the collaborative work undertaken by these employees to improve the park.

Key Speakers and Recognition

Mayor Jim Gray, Council Member Stinnett, Steve Cummins, Brian Kelly, and Keith Norris participated in the presentation. The council acknowledged the contributions of the Lowe's volunteers who dedicated their time and effort to the park improvement project.

Project Outcome

The refurbishment work at Constitution Park was completed through the volunteer efforts of the Lowe's employees. As part of the recognition, the council issued a proclamation declaring October 10, 2013, as Lowe's Heroes Day in Lexington, honoring the employees' community service and commitment to improving local public spaces.

The presentation served as an informational item recognizing corporate volunteer participation in community improvement initiatives.

Minutes of the Previous Meetings

15:12

The minutes from the September 26, 2013 Council Meeting were presented for approval. Council Member Ellinger moved to approve the minutes, and Vice Mayor Gorton seconded the motion. The minutes were approved by unanimous vote.

Ordinances – Second Reading

25:57

Five ordinances were considered and approved by roll call vote during the second reading. The approved ordinances included:

• An amendment to the zoning ordinance to allow inoperable vehicles in storage yards for up to 60 days
• Abolishment of an Environmental Inspector position and creation of an Environmental Initiatives Specialist position
• Creation of a Budget Analyst Sr. position
• Creation of a Security Officer position
• Approval of an amendment to the Division of Purchasing Revised Regulations

Council Members Farmer, Lawless, and Kay participated in the discussion of these items.

One ordinance—an amendment to the budget for capital projects—was tabled and did not proceed to a vote at this time.

All five ordinances that were brought to a vote were approved by roll call.

Ordinances – First Reading

27:08

Four ordinances were placed on file for public inspection during the first reading. These ordinances addressed the following matters:

• Creating a Personal Protective Equipment Manager position
• Abolishing a Police Captain position and creating a Police Lieutenant position
• Abolishing an Administrative Officer position and creating an Administrative Officer Senior position
• Amending budgets

Council Member Henson and Council Member Farmer participated in the discussion of these ordinances.

One additional ordinance concerning zoning was considered during this agenda item. The ordinance that would amend zoning to define Adult Day Care Center and Day Shelter was tabled and did not proceed to first reading at this time.

The ordinances placed on file will be available for public inspection prior to further consideration.

Resolutions – Second Reading

29:21

Ten resolutions were presented for second reading and approved by roll call vote. The resolutions addressed multiple categories of municipal business, including infrastructure projects, personnel matters, professional services, and grant funding.

The approved resolutions encompassed the following items:

• Acceptance of bids for infrastructure projects
• Ratification of civil service appointments
• Authorization of professional services agreements
• Approval of grant applications for fire engines
• Approval of grant applications for EMS equipment
• Approval of grant applications for flood mitigation

Council Members Akers, Henson, and Farmer participated in the discussion of these resolutions. All ten resolutions were approved by roll call vote, with no resolutions rejected or tabled.

Resolutions – First Reading

41:25

Three resolutions were presented for first reading and approved by roll call vote.

Resolution 1: Conditional Offers for Probationary Civil Service Appointments

This resolution authorized conditional offers to probationary civil service appointments. Council Member Henson, Council Member Scutchfield, Council Member Gorton, Council Member Lawless, and Council Member Ford participated in discussion. An amendment was made to remove a sworn appointment from the resolution before approval.

Resolution 2: Ratification of Probationary and Permanent Civil Service Appointments

This resolution ratified probationary and permanent civil service appointments. During discussion, an amendment was made to remove a voluntary demotion from the resolution prior to the vote.

Resolution 3: Agreements with Youth Organizations and Community Groups

This resolution authorized agreements with youth organizations and community groups.

Outcome

All three resolutions were approved by roll call vote.

Communications from the Mayor

1:04:24

A motion to approve communications from the mayor was presented to the council. Council Member Massadi and Council Member Myers were the key speakers on this agenda item.

The motion passed unanimously with no discussion.

Police Disciplinary Item

The council considered a disciplinary matter involving Officer Donald J. Williams following an investigation into misconduct. 1:06:13

Key Speakers: - Commander John Gensheimer - Vice Mayor Gorton - Council Member Myers

Action Taken:

The council approved a recommended 40-hour suspension without pay for Officer Donald J. Williams. Council Member Myers seconded the motion, which passed unanimously.

Public Comments

During the public comments portion of the meeting, Bernard McCarthy addressed the council to speak in favor of two proposals. He advocated for implementing impact fees on building permits and expressed support for the use of natural gas in city vehicles.

Following the public comment, several Council Members made brief announcements regarding upcoming events. Council Member Ford, Council Member Lawless, and Council Member Kaye each provided information about events scheduled at the Lyric Theater.

This agenda item was informational in nature, with no formal action taken. 1:06:46