Urban County Council Meeting
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Summary
Meeting Overview
The Lexington-Fayette Urban County Council held a regular meeting on October 24, 2013, at 6:00 p.m., presided over by Mayor Gray. The meeting took place in the Council Chambers at 200 E. Main Street, Lexington, Kentucky 40507.
During the session, the Council addressed a full agenda consisting of 10 items. The meeting included standard procedural matters such as roll call and an invocation, followed by approval of minutes from previous meetings. The Council approved ordinances on second reading and resolutions on second reading, while also considering ordinances and resolutions on first reading for future consideration. Additionally, the Council received communications from the Mayor and heard announcements.
The Council took a total of 58 motions and votes throughout the meeting. Two members of the public provided comments during the public comment period. The meeting followed the standard legislative calendar with items progressing through multiple readings as required by Council procedures.
Attendance
Present: Stinnett, Akers, Clark, Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Massadi, Myers, and Scutchfield
Absent: Beard
Late: None
Votes and Decisions
The council passed multiple ordinances and resolutions during this meeting, with most votes unanimous or near-unanimous.
Ordinances
Three ordinances creating and modifying positions passed unanimously 7:13:
- Ordinance 0991-13 created one Personal Protective Equipment Manager position (Grade 114N) in the Division of Fire and Emergency Services. Motion by Ellinger, second by Myers. Vote: 14-0.
- Ordinance 1018-13 abolished one Police Captain position (Grade 318E) and created one Police Lieutenant position (Grade 317E) in the Division of Police. Motion by Ellinger, second by Myers. Vote: 14-0.
- Ordinance 1071-13 abolished one Administrative Officer position (Grade 118E) and created one Administrative Officer Senior position (Grade 120E) in the Department of Planning, Preservation and Development. Motion by Ellinger, second by Myers. Vote: 14-0.
- Ordinance 1116-13 amended budgets to reflect current municipal expenditure requirements and appropriated funds via Schedule No. 19. Motion by Ellinger, second by Myers. Vote: 14-0.
- Ordinance 1134-13 amended the Zoning Ordinance to define Adult Day Care Centers and Day Shelters and regulate them as principal or conditional uses in specified zones. Motion by Henson, second by Ford 14:21. Vote: 13-0.
Resolutions
Resolution 1040-13, which proposed amending Council Rules and Procedures regarding the calendar and committee meeting times, failed 24:16. Motion by Gorton, second by Myers. Vote: 5-8. Those voting in favor were Akers, Ellinger, Ford, Kay, and Myers. Those voting against were Stinnett, Clark, Farmer, Gorton, Henson, Lane, Lawless, and Massadi.
The council passed 39 additional resolutions unanimously or near-unanimously, addressing matters including bid acceptances, contract authorizations, grant applications, property transfers, easement releases, and personnel appointments. Most passed with 13 votes in favor and no opposition [timestamp: 0:24:16 and 0:48:57].
Budget and Financial Actions
The meeting approved multiple financial actions across capital projects, grants, and service contracts:
Contract Amendments and Agreements
- Resolution 1035-13: $560,509.88 amendment to Stantec Consulting Services, Inc. contract for the Newtown Pike Extension Project
- Resolution 1132-13: $1,954,000 Supplemental Agreement No. 5 with Kentucky Transportation Cabinet for utility relocation on the Todds/Liberty Road Improvement Project
- Resolution 1139-13: $300,000 Supplemental Agreement No. 1 with Kentucky Transportation Cabinet for Legacy Trail Enhancements Project
Federal and State Grants Received
- Resolution 1037-13: $300,000 grant from U.S. Department of Justice, Office on Violence Against Women, for domestic violence accountability project
- Resolution 1050-13: $500,000 grant from U.S. Department of Justice, Office on Violence Against Women, for Safe Havens Project
- Resolution 1088-13: $34,100 grant from Lumina Foundation for Latina Education Support Project at Family Care Center
Grant Applications Submitted
- Resolution 1089-13: $3,713,524 application to Kentucky Transportation Cabinet under 2014 Transportation Alternatives Program
- Resolution 1091-13: $6,901,524 application to Kentucky Transportation Cabinet under 2014 CMAQ Program
- Resolution 1092-13: $45,123 application to Kentucky Justice Cabinet for SANE Program
- Resolution 1134-13: $940,000 and $1,040,000 applications to Kentucky Transportation Cabinet under Transportation Alternatives Program for Old Frankfort Pike enhancements and 4th Street Corridor Project
Service Contracts and Purchases
- Resolution 1036-13: $26,015 Software Maintenance Agreement with NetMotion Wireless, Inc. for mobile data computer licenses
- Resolution 1090-13: $170,318.40 lease agreement with FRM Lawson LLC for property at 900 Enterprise Dr.
- Resolution 1114-13: $44,541.25 purchase of emergency outdoor warning sirens from Federal Signal Safety and Security Systems
- Resolution 1095-13: $49,698 agreement with czb, LLC to develop a Comprehensive Affordable Housing Strategy
- Resolution 1140-13: $995,237 agreement with Lagco, Inc. for Anniston/Wickland Capital Storm Sewer Improvements Phase 3
- Resolution 1127-13: $40,329.87 agreement with Kenvirons, Inc. for engineering work on Haley Pike Landfill Closure, Phase 4
- Resolution 1050-13: $473,790 agreement with Sunflower Kids, Inc. for supervised visitation and monitored exchange services
Additional contracts were approved with various vendors and organizations for services including background investigation databases, neighborhood associations, and animal care disaster response, among others.
Public Comment
Two members of the public provided comments during the meeting.
Bill Wheeler 57:54 addressed accountability of economic development funds. He requested detailed statements outlining expected results and measurable factors for economic development spending. Wheeler also called for a clear timeline to ensure accountability of these funds, emphasizing the importance of transparency and public trust.
Bernard McCarthy 1:01:14 commented on the proposed traffic signal at the Reynolds Road-Wellington Way roundabout. McCarthy opposed the installation of traffic signals at this location, arguing that doing so would defeat the purpose of the roundabout. He recommended physical widening of the roundabout as an alternative approach to improve safety.
Appointments
The following appointments were made during this meeting:
- Tamara Fagley was appointed to the Ethics Commission
- Helen Kendall was appointed to the Ethics Commission
Contested Items
Zoning Ordinance 1136-13
Council Member Palmer raised a procedural concern regarding Zoning Ordinance 1136-13, questioning whether the ordinance should have been docketed without first undergoing committee review. Palmer requested that the ordinance be tabled until the next meeting to allow for proper committee consideration before proceeding to a full council vote.
Resolution 1040-13 (Rules and Procedures)
Resolution 1040-13, which addressed rules and procedures, became a point of significant disagreement among council members. The resolution failed to pass, receiving 5 votes in favor and 8 votes against. The split vote demonstrated substantial division within the council regarding the proposed procedural changes contained in the resolution.
Roll Call
Council members were called to roll at the beginning of the meeting 0:00. Council Member Beard was absent.
Invocation
Pastor Steve Elliott of First Alliance Church delivered the invocation for the meeting 1:19. During his remarks, Pastor Elliott prayed for wisdom and fairness in the Council's service.
Minutes of the Previous Meetings
The Council reviewed and approved the minutes from the September 17, 2013 Council meeting. 5:36
Key speakers on this agenda item included Stinnett and Akers.
The minutes were approved by unanimous vote.
Ordinances – Second Reading
Four ordinances were presented for second reading and approved during this portion of the meeting.
The ordinances addressed personnel changes and administrative matters across multiple city departments. Specifically, the measures included personnel changes within the Fire and Police departments, a budget amendment, and a reclassification of a traffic engineer position.
Key speakers on this agenda item were Ellinger and Myers. The ordinances were discussed and moved forward without noted objections.
Outcome: All four ordinances were approved.
Ordinances – First Reading
Several ordinances were introduced for first reading during this portion of the meeting. The items under consideration included zoning changes, personnel reclassifications, and budget adjustments.
Key speakers during this discussion included Henson, Ford, and Farmer.
One ordinance was amended during the discussion, with the word "conditional" removed from its title. Following this amendment, that ordinance was approved.
The items proceeded through first reading, the initial step in the ordinance adoption process.
Resolutions – Second Reading
Multiple resolutions were considered during the second reading portion of the meeting. The resolutions addressed various municipal contracts and grant applications.
Approved Resolutions
Several resolutions received approval, including:
- A resolution for roof repairs contract
- A resolution for HVAC remediation work
- A resolution for a grant application related to transportation projects
- A resolution for a grant application related to social services projects
Failed Resolution
One resolution to amend council rules did not pass during this agenda item.
Key Speakers
Gorton and Myers were the primary speakers during discussion of the resolutions.
Outcome
The majority of resolutions presented were approved. The resolution to amend council rules was not approved.
Resolutions – First Reading
Several resolutions were introduced for first reading during this portion of the meeting. The resolutions under consideration included bids for defibrillators, trophies, and storm sewer improvements.
Key speakers on this agenda item included Stinnett and Farmer, who presented and discussed the various resolutions.
The resolutions were introduced in their first reading as part of the standard legislative process. Following the initial presentation, the resolutions were subsequently approved after a suspension of the rules was enacted, allowing them to move forward without completing the full standard reading cycle.
Communications from the Mayor
Mayor Gray presented communications regarding personnel matters involving a telecommunicator. The Mayor communicated temporary appointments and the reinstatement of a telecommunicator. This item was presented for informational purposes and required no vote from the council.
Announcements
Council Member Farmer provided several announcements during this portion of the meeting.
Stream Cleanup Event
Council Member Farmer announced an upcoming stream cleanup event, though specific dates and details were not provided in the available information.
Leaf Collection Delay
A delay in leaf collection was announced to the council and public.
City Staff Recognition
Council Member Farmer praised city staff for their work on manhole adjustments.
This agenda item was informational in nature, with no formal action or debate recorded.
Public Comments
Two public comments were presented during this portion of the meeting 57:54.
Speakers and Topics
Bill Wheeler and Bernard McCarthy each addressed the body with separate concerns.
Wheeler raised a comment regarding accountability of economic development funds, bringing attention to how such funds are being managed and overseen.
McCarthy addressed traffic signalization at a roundabout, raising concerns or observations about the traffic control systems in place at that location.
Outcome
This agenda item was informational in nature, with no formal action taken on the comments received.
Decisions
- Ordinance 0991-13 — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to create one position of Personal Protective Equipment Manager, Grade 114N, in the Div. of Fire and Emergency Services, appropriating funds via Schedule No. 17
- Ordinance 1018-13 — passed (14-0): Amending Section 23-5(2) of the Code of Ordinances to abolish one Police Captain, Grade 318E, and create one Police Lieutenant, Grade 317E, in the Div. of Police, appropriating funds via Schedule No. 18
- Ordinance 1071-13 — passed (14-0): Amending Section 21-5(2) of the Code of Ordinances to abolish one Administrative Officer, Grade 118E, and create one Administrative Officer Senior, Grade 120E, in the Dept. of Planning, Preservation and Development, appropriating funds via Schedule No. 21
- Ordinance 1116-13 — passed (14-0): Amending certain budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures, and appropriating and re-appropriating funds via Schedule No. 19
- Ordinance 1134-13 — passed (13-0): Amending Article 1 and Article 8 of the Zoning Ordinance to define Adult Day Care Center and Day Shelter and regulate such facilities as principal or conditional uses in P-1, B-1, B-2, B-2A, and P-2 zones
- Resolution 1040-13 — failed (5-8): Amending Section 1.102 of Appendix A, Rules and Procedures of the Lexington-Fayette Urban County Council, to provide date for draft of next year’s Council calendar and scheduled zone change hearing dates, and amending Section 2.102 to alternate meeting times for standing committees
- Resolution 0992-13 — passed (13-0): Accepting bids of Tri-State Roofing and Sheet Metal Co. of Ky. and Bri-Den Company, Inc., for roof repairs and maintenance - supplemental, for the Div. of Facilities and Fleet Management
- Resolution 1025-13 — passed (13-0): Authorizing the Mayor to execute Change Order No. 1 to contract with Triton Services, Inc. for HVAC remediation for computer server room, increasing contract time by 15 days at no cost
- Resolution 1035-13 — passed (13-0): Authorizing the Mayor to execute Amendment No. 15 to contract with Stantec Consulting Services, Inc. for Newtown Pike Extension Project, increasing contract price by $560,509.88
- Resolution 1037-13 — passed (13-0): Authorizing and directing the Mayor to accept a $300,000 federal grant from the U.S. Dept. of Justice, Office on Violence Against Women, for domestic violence accountability project
- Resolution 1043-13 — passed (13-0): Approving the Dept. of Social Services’ Partner Agency Application, Scoring Rubric, and Schedule for FY15 Application Process
- Resolution 1050-13 — passed (13-0): Authorizing and directing the Mayor to accept a $500,000 federal grant from the U.S. Dept. of Justice, Office on Violence Against Women, for Safe Havens Project, and to execute agreement with Sunflower Kids, Inc.
- Resolution 1059-13 — passed (13-0): Authorizing the Mayor to execute an agreement with Benefit Insurance Marketing to comply with HIPAA regulations at no cost
- Resolution 1036-13 — passed (13-0): Authorizing the Mayor to execute a Software Maintenance Agreement with NetMotion Wireless, Inc., for mobile data computer licenses at up to $26,015
- Resolution 1063-13 — passed (13-0): Authorizing the Mayor to execute Amendment No. 1 to Grant Assistance Agreement with Commonwealth of Ky. Infrastructure Authority, using $283,184.92 for sanitary sewer service in Unsewered Areas Phase II
- Resolution 1067-13 — passed (13-0): Authorizing the Mayor to execute a Memorandum of Agreement with Military Police Company Alpha for rapid armed response unit for security breach of weapons/ammo
- Resolution 1068-13 — passed (13-0): Authorizing the Mayor to execute Change Order No. 2 to contract with Oracle Elevator for Phoenix/Police HQ Elevator Renovation, increasing price by $1,667.60
- Resolution 1069-13 — passed (13-0): Authorizing the Mayor to execute an agreement with Lexington Humane Society and Lexington Fayette Animal Care and Control for animal care in disasters
- Resolution 1070-13 — passed (13-0): Authorizing the Mayor to execute a Statement of Affiliation with Div. of Fire and Emergency Services and Div. of Emergency Management/911 for emergency services and rescue squad
- Resolution 1072-13 — passed (13-0): Authorizing the Mayor to execute an agreement to renew Senior Health Plan for City Employees Pension Fund with Humana Insurance Co. for one year beginning Jan. 1, 2014
- Resolution 1073-13 — passed (13-0): Authorizing the Mayor to execute an agreement to renew Senior Health Plan for Police and Fire Retirees with Humana Insurance Co. for one year beginning Jan. 1, 2014
- Resolution 1077-13 — passed (13-0): Authorizing the Mayor to execute a Site Lease Agreement with Powertel/Memphis Inc. for lease of 200 East Main St. Roof
- Resolution 1084-13 — passed (13-0): Authorizing the Mayor to execute modifications to agreements with Ky. Dept. of Military Affairs, Div. of Emergency Management, for extension of CSEPP agreements for FY 2011 and FY 2012 through Sept. 30, 2014, at no cost
- Resolution 1088-13 — passed (13-0): Authorizing and directing the Mayor to submit a grant application to the Lumina Foundation for $34,100 for Latina Education Support Project at Family Care Center, with $16,998 local match obligation
- Resolution 1089-13 — passed (13-0): Authorizing and directing the Mayor to submit four grant applications to Ky. Transportation Cabinet for $3,713,524 under 2014 Transportation Alternatives Program for Brighton Trail Bridge, West Loudon Ave. Sidewalk, Town Branch Trail Phase 4, and West Hickman Trail South
- Resolution 1090-13 — passed (13-0): Authorizing the Mayor to execute a lease agreement with FRM Lawson LLC for property at 900 Enterprise Dr. for relocation of Div. of Water Quality Maintenance Operations, 48-month term, annual rent not to exceed $170,318.40
- Resolution 1091-13 — passed (13-0): Authorizing and directing the Mayor to submit nine grant applications to Ky. Transportation Cabinet for $6,901,524 under 2014 CMAQ Program for Fiber Optic Cable, CNG Fueling Station, Turn Lanes, Brighton Rail Trail Bridge, West Loudon Ave. Sidewalk, Town Branch Trail Phase 4, and West Hickman Trail South
- Resolution 1092-13 — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Justice Cabinet for $45,123 for continuation of SANE Program, with $28,150 local match obligation
- Resolution 1040-13 — passed (13-0): Authorizing the Mayor to execute an agreement with Cumberland Hill Neighborhood Association, Inc. ($275) for the Office of the Urban County Council
- Resolution 1140-13 — passed (13-0): Accepting bid of Lagco, Inc. for $995,237 for Anniston/Wickland Capital Storm Sewer Improvements Phase 3, and authorizing the Mayor to execute agreement with Lagco, Inc.
- Resolution 1154-13 — passed (13-0): Authorizing the Div. of Human Resources to make conditional offers for probationary and unclassified civil service appointments, including Eric Eason, Gaston Ngandu Sankayi, Juan Jackson, Elisabeth Johnson, Fidele Nsonguh Tibouo, and Matthew Galati
- Resolution 1155-13 — passed (13-0): Ratifying probationary and permanent civil service appointments, including Brittany West, Pam Whitaker, Dan James, Tiffany Compton, Chris Taylor, Paula Williams, Kenneth Brown, Kenneth Raglin, and Myra Campbell’s approved leave, and ratifying unclassified appointment of Jenifer Benningfield
- Resolution 1103-13 — first_reading (13-0): Accepting bid of Zoll Medical Corp. for price contract for monitor defibrillators for Div. of Fire and Emergency Services
- Resolution 1119-13 — first_reading (13-0): Accepting bid of Trophy Center for price contract for trophies, plaques, and silver for Div. of Parks and Recreation
- Resolution 1153-13 — first_reading (13-0): Accepting bids of Baumann Paper Co., Inc. and Lexington Food Service, Inc. for price contracts for concession products for Div. of Parks and Recreation
- Resolution 1157-13 — first_reading (13-0): Accepting bid of Craig’s Firearm Supply, Inc. for price contract for patrol rifles for Div. of Police
- Resolution 1158-13 — first_reading (13-0): Accepting bids of Bluegrass Uniforms and Equipment, Ky. Uniforms, Inc., and National Workwear for price contracts for work shoes for various departments
- Resolution 1100-13 — passed (13-0): Authorizing the Mayor to execute documents to transfer properties at 509 Chestnut St. and 438 Ohio St. to Fayette County Local Development Corp. for rental housing for low-income households
- Resolution 1108-13 — passed (13-0): Changing street names and address numbers in the Chippendale and Bridlewood areas, including 100 Chippendale Ct. to 103 Chippendale Ct., and 625 South Cleveland Rd. to 6625 Leanne Ln.
- Resolution 1126-13 — passed (13-0): Authorizing the Mayor to execute agreements with LexArts, Inc. ($2,275), William Wells Brown Neighborhood Association, Inc. ($350), Lexington Bicycle Polo League, Inc. ($1,850), and Friends of McConnell Springs, Inc. ($525) for the Office of the Urban County Council
- Resolution 1144-13 — passed (13-0): Authorizing the Dept. of Law to institute condemnation proceedings for permanent sanitary sewer and temporary construction easements at 3973 Tatton Place, 3785 Branham Park, 3805 Branham Park, 3825 Branham Park, 3856 Branham Park, 3896 Branham Park, 3952 Branham Park, and 3997 Branham Park for Blue Sky Pump Station and Force Main Project
- Resolution 1145-13 — passed (13-0): Authorizing the Dept. of Law to institute condemnation proceedings for permanent sanitary sewer and temporary construction easements at 376 Bob-O-Link Dr. for Bob-O-Link Sanitary Sewer Improvements Project
- Resolution 1095-13 — passed (13-0): Accepting response of czb, LLC to RFP No. 26-2013 and authorizing the Mayor to execute agreement to develop a Comprehensive Affordable Housing Strategy at up to $49,698
- Resolution 1024-13 — passed (13-0): Authorizing the Mayor to execute a release of easement, releasing a temporary drainage easement on property at 225 Ruccio Way
- Resolution 1149-13 — passed (13-0): Authorizing the Mayor to execute agreements with Lexington Bicycle Polo League ($150) and Highland Neighborhood Association ($300) for the Office of the Urban County Council
- Resolution 1114-13 — passed (13-0): Authorizing the Div. of Emergency Management/911 to purchase emergency outdoor warning sirens from Federal Signal Safety and Security Systems, a sole source provider, at up to $44,541.25
- Resolution 1118-13 — passed (13-0): Authorizing the Mayor to execute a partial release of easement, releasing a portion of a utility easement on property at 806 and 810 Lochmere Place
- Resolution 1127-13 — passed (13-0): Authorizing the Div. of Waste Management to execute a purchase order with Kenvirons, Inc. for additional engineering work and document preparation for Haley Pike Landfill Closure, Phase 4, at up to $40,329.87
- Resolution 1130-13 — passed (13-0): Authorizing the Mayor to execute a contract with West Co., CLEAR Services, a division of Thomson Reuters, for background investigation database at up to $4,944
- Resolution 1132-13 — passed (13-0): Authorizing and directing the Mayor to execute Supplemental Agreement No. 5 with Ky. Transportation Cabinet for $1,954,000 additional funds for utility relocation on Todds/Liberty Road Improvement Project, no obligation to expend
- Resolution 1139-13 — passed (13-0): Authorizing and directing the Mayor to execute Supplemental Agreement No. 1 with Ky. Transportation Cabinet for $300,000 additional federal funds for Legacy Trail Enhancements Project, with $75,000 local match obligation
- Resolution 1169-13 — passed (13-0): Authorizing the Div. of Traffic Engineering to install multi-way stop controls at intersection of Southpoint Dr. and Grey Oak Ln. under Code of Ordinances Section 18-86
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $940,000 under Transportation Alternatives Program for enhancements to Old Frankfort Pike
- Resolution 1134-13 — passed (13-0): Authorizing and directing the Mayor to execute and submit a grant application to Ky. Transportation Cabinet for $1,040,000 under Transportation Alternatives Program for the 4th Street Corridor Project