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Urban County Council Meeting

September 11, 2008 · Council · 14,390 words

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council convened on September 11, 2008, at 7:00 PM in Lexington, Kentucky, with Mayor Jim Newberry presiding. The meeting addressed two main agenda items: an informational presentation and second reading ordinances that were approved by the Council. During the session, Council members conducted 2 votes and heard 2 public comments from community members. The meeting focused primarily on legislative business, with the Council successfully advancing ordinances through the second reading process while also receiving informational updates through the scheduled presentation.

Attendance

All council members were present for the September 11, 2008 meeting.

Present: • Jim Newberry • Beard • Blevins • Blues • Crosbie • DeCamp • Ellinger • Gorton • Gray • Henson • James • Lane • McChord • Myers • Stevens • Stinnett

Absent: None

Late: None

Votes and Decisions

The Council took action on two items during the September 11, 2008 meeting, both passing unanimously.

Ordinance 189-2008 2:00 Councilmember Blues moved to approve Ordinance 189-2008, levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2008 through June 30, 2009. The motion was seconded by Councilmember Ellinger. The ordinance passed on a roll call vote of 15-0-0.

Voting in favor: Beard, Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, and Stinnett.

Resolution 467-2008 7:00 Councilmember Gorton moved to approve Resolution 467-2008, authorizing an agreement with the Fayette County Commonwealth Attorney's Office for a 'Fast Track' prosecutor. The motion was seconded by Councilmember Myers. The resolution passed on a roll call vote of 15-0-0.

Voting in favor: Beard, Blevins, Blues, Crosbie, DeCamp, Ellinger, Gorton, Gray, Henson, James, Lane, McChord, Myers, Stevens, and Stinnett.

Both measures received unanimous support from all 15 Council members present, with no opposition or abstentions recorded on either vote.

Budget and Financial Actions

The Council approved two significant infrastructure contracts during the September 11, 2008 meeting, totaling nearly $1 million in expenditures.

Wastewater Treatment Plant Equipment - Ordinance 5 authorized a $248,500 contract with Herrick Company, Inc. for chlorination equipment replacement at the Town Branch Waste Water Treatment Plant. This contract addresses critical infrastructure needs for the city's wastewater treatment operations.

Traffic Signal Infrastructure - Ordinance 6 approved a $710,170 contract with Arrow Electric Company, Inc. for traffic signal rebuild and signalization work on a portion of Nicholasville Road. This represents the larger of the two expenditures and focuses on improving traffic management infrastructure.

The combined value of these two contracts totals $958,670, representing significant capital investments in both environmental infrastructure and transportation systems. Both items were processed as ordinances, indicating formal legislative approval was required for these expenditures.

Public Comment

Two residents addressed the Council during the public comment period, covering topics related to city development projects and tax increment financing.

Jamie Millard spoke at 9:00 regarding the Phoenix Park/Courthouse Development Area. Mr. Millard emphasized the importance of museums and libraries to the community and urged the Council to consider the development plan for the Phoenix Park/Courthouse area. He highlighted these cultural institutions as valuable community assets that should be factored into the area's development planning.

Robert Dalton addressed the Council at 10:00 with concerns about the CenterPoint TIF project. Mr. Dalton questioned the project's eligibility for tax increment financing and raised concerns about the potential impact on the city's credibility. His comments suggested skepticism about whether the CenterPoint project met the necessary criteria for TIF designation and warned that proceeding with an ineligible project could damage the city's reputation.

Both speakers focused on significant development and financing issues facing the city, with Millard advocating for thoughtful consideration of community assets in development planning and Dalton raising questions about the proper use of municipal financing tools.

Appointments

The Council made two appointments to the Animal Control Oversight Committee during the September 11, 2008 meeting.

  • Dr. Kimberly Sears was appointed to the Animal Control Oversight Committee
  • Stephanie Bell was appointed to the Animal Control Oversight Committee

Both appointments were approved by the Council to fill positions on the committee that provides oversight of the city's animal control operations and policies.

Contested Items

The primary contested item at the September 11, 2008 Council meeting was the CenterPoint Tax Increment Financing (TIF) project, which faced significant community opposition.

CenterPoint TIF Project

Several community members raised concerns about the proposed CenterPoint TIF during the public comment period. The opposition centered on two main issues: questions regarding the project's eligibility for TIF designation and concerns about the potential negative impact on the city's credibility if the project proceeded.

Community members who spoke against the project questioned whether the CenterPoint development met the necessary criteria for tax increment financing, which typically requires demonstration of blight or other qualifying conditions. Additionally, residents expressed worry that approving a questionable TIF could damage the city's reputation and credibility in future development decisions.

The nature of the opposition was primarily from community members rather than Council members themselves, suggesting this was a case where citizen concerns were being raised about a proposal that may have had staff or developer support. The specific outcome of this contested item was not detailed in the available meeting data, though the community opposition was clearly documented as a significant point of contention during the meeting proceedings.

This controversy over the CenterPoint TIF reflects broader community concerns about the appropriate use of tax increment financing tools and the importance of maintaining public trust in municipal development decisions.

Presentation

During the presentation portion of the September 11, 2008 Council meeting, Council Member Gorton recognized Ms. Kayla Powell for her exceptional achievement in organizing the World's Longest Volleyball Game 1:00.

Ms. Powell was presented with a commemoration acknowledging her successful coordination of this record-breaking event, which earned official recognition from the Guinness Book of World Records. The presentation highlighted Powell's organizational efforts that led to this notable accomplishment for the community.

Council Member Gorton served as the primary speaker for this recognition, formally presenting the commemoration to Powell during the meeting. This agenda item was informational in nature, celebrating a local achievement that brought positive attention to the area through its inclusion in the Guinness Book of World Records.

The presentation represented the Council's acknowledgment of community members who contribute to notable achievements that reflect positively on the locality. No debate or discussion was required for this ceremonial recognition.

Ordinances – Second Reading

2:00

The Council conducted second reading of ordinances establishing ad valorem tax levies for various municipal purposes for the fiscal year July 1, 2008 through June 30, 2009.

Council members Blues and Ellinger participated in the discussion of these tax levy ordinances. The ordinances addressed the municipality's property tax assessments needed to fund city operations and services for the upcoming fiscal year.

Second reading represents the final step in the ordinance approval process, following the initial first reading where the proposed tax levies were initially presented and reviewed by the Council. During second reading, Council members have the opportunity to make final comments, raise any remaining concerns, or request clarifications before taking a final vote.

The ordinances were approved by the Council, establishing the ad valorem tax rates that will be applied to property assessments within the municipal boundaries for the 2008-2009 fiscal year. These tax levies will provide funding for essential city services, infrastructure maintenance, public safety, and other municipal operations throughout the fiscal year period ending June 30, 2009.

The approval of these tax levy ordinances ensures the city will have the necessary revenue stream from property taxes to maintain municipal services and meet its budgetary obligations for the upcoming fiscal year.

Decisions

  • Ordinance 189-2008 — passed (15-0): Levying ad valorem taxes for municipal purposes for the fiscal year July 1, 2008 through June 30, 2009
  • Resolution 467-2008 — passed (15-0): Agreement with the Fayette County Commonwealth Attorney’s Office for a 'Fast Track' prosecutor