Urban County Council Work Session

Summary

Meeting Overview

The Urban County Council convened on April 7, 2009, with Mayor Newberry presiding over the session. The council addressed a comprehensive agenda of 11 items, focusing primarily on infrastructure agreements, emergency services funding, and property acquisitions. All agenda items presented to the council were approved, with the body taking 10 formal votes during the meeting. The council also heard from 3 members of the public during the comment period. The meeting demonstrated efficient governance, with unanimous approval across all matters ranging from transportation agreements with the Kentucky Transportation Cabinet (KYTC) to acceptance of federal and state awards for emergency services and homeland security initiatives.

Attendance

The following members were present at the March 24, 2009 meeting:

Present: • Mayor Newberry • CM Beard • CM James • CM Gorton • CM Myers • CM Lane • CM Stinnett • CM McChord • CM Lawless • CM Henson • VM Gray • CM Blues

Absent: • CM Crosbie • CM Martin

No members arrived late to the meeting. A total of 12 members were present and 2 members were absent.

Votes and Decisions

The council conducted ten votes during the March 24, 2009 meeting, with most passing unanimously.

Procedural Approvals • Approval of the docket - Motion by CM Beard, seconded by CM James. Passed unanimously. • Approval of the summary of 3/24/09 - Motion by CM Gorton, seconded by CM Myers. Passed unanimously.

Budget Amendments • Amend the budget amendments - Motion by CM Myers, seconded by CM Lane. Passed unanimously with the condition that Comm. Bennett and Fire Chief Hendricks return with a plan. • Approve the amended budget amendments - Motion by CM Myers, seconded by CM Beard. Passed unanimously.

New Business and Ordinances • Approve new business items A-K - Motion by CM Gorton, seconded by CM Myers. Passed by roll call vote with 2 nays from CM Gorton and CM James. • Request the Department of Law to draft an ordinance - Motion by CM Stinnett, seconded by CM Myers. Passed by roll call vote with 11 ayes and 1 nay from CM Lane.

Administrative Items • Approve the NDF list for 4/7/09 - Motion by CM Gorton, seconded by CM McChord. Passed unanimously. • Place on the docket for April 9, 2009 Council Meeting a resolution for a rental agreement - Motion by CM James, seconded by CM Gorton. Passed unanimously. • Approve the Mayor's Report - Motion by CM McChord, seconded by CM Blues. Passed unanimously.

Adjournment • Adjourn work session - Motion by CM Stinnett, seconded by CM Gorton. Passed unanimously.

The meeting demonstrated broad consensus on most items, with only two roll call votes showing dissent among council members.

Public Comment

During the public comment period for issues not on the agenda, three community members addressed the meeting.

The following speakers provided public comment:

• Vanessa Mitchell - Spoke during public comment on issues not on the agenda
• Dawn Givens - Spoke during public comment on issues not on the agenda
• Lewis Cobb - Spoke during public comment on issues not on the agenda

All three speakers addressed matters not included on the meeting agenda during the designated public comment period. The specific details of their comments and concerns were not captured in the available meeting documentation.

*Note: Transcript timestamps were not available for the public comment portion of this meeting.*

Contested Items

The meeting featured one contested item that resulted in a split vote among council members.

Resolution Regarding Kentucky Public Service Commission Case No. 2008-00427

A resolution related to the rates of Kentucky-American Water Company came before the council and generated disagreement among members. The resolution pertained to Kentucky Public Service Commission Case No. 2008-00427, which involved rate matters for the water utility company.

The resolution ultimately passed despite opposition from two council members. CM Gorton and CM James both voted against the measure, creating a split vote on the issue. The specific details of their objections to the resolution were not detailed in the available meeting materials.

The resolution's passage indicates that a majority of council members supported the city's position regarding the Kentucky-American Water Company rate case before the Public Service Commission, though the dissenting votes from CM Gorton and CM James suggest there were differing views on how the city should approach this utility rate matter.

Authorization of a Deed of Acceptance for a Permanent Greenway

The meeting addressed agenda item A, which sought authorization for a Deed of Acceptance for a permanent greenway under the Greenway Master Plan. This resolution would formalize the acceptance of greenway property or easements as part of the municipality's broader greenway development strategy.

Key speakers during the discussion included Rayan and Webb, who presented details about the proposed deed acceptance. The greenway in question appears to be part of the established Greenway Master Plan, indicating it fits within the community's long-term vision for connected green spaces and recreational corridors.

While specific details of the discussion are not available in the meeting records, the item involved the formal legal process of accepting a deed that would establish permanent greenway rights. Such deeds typically involve either the donation of property or the granting of easements that allow public access for greenway purposes while maintaining private ownership of the underlying land.

The authorization represents a standard but important step in greenway development, as it provides the legal framework necessary for the municipality to maintain and operate the greenway corridor. These permanent designations help ensure that greenway connections remain intact for future generations and cannot be easily altered or developed for other purposes.

Following the presentation and any discussion by Rayan, Webb, and other participants, the resolution was approved. This approval grants the necessary authorization for officials to execute the Deed of Acceptance, moving the greenway project forward in accordance with the Greenway Master Plan.

The successful passage of this item demonstrates continued municipal commitment to expanding and formalizing the greenway network, providing residents with enhanced recreational opportunities and environmental benefits through permanent green corridor preservation.

Authorization of Amendment No. 2 to an Agreement with KYTC

The board considered Authorization of Amendment No. 2 to an Agreement with the Kentucky Transportation Cabinet (KYTC) for the South Limestone Multimodal Traffic Study Project.

Key speakers during the discussion included P. King and Webb, who presented details regarding the proposed amendment to the existing agreement with the state transportation department.

The amendment relates to the South Limestone Multimodal Traffic Study Project, which appears to be a transportation planning initiative examining multiple modes of transportation along the South Limestone corridor. The specific terms, financial implications, or scope changes contained within Amendment No. 2 were not detailed in the available meeting materials.

Following the presentation and any discussion by board members, the authorization for Amendment No. 2 to the KYTC agreement was approved by the board.

This approval allows the organization to proceed with the modified terms of the agreement with the Kentucky Transportation Cabinet for the continued work on the South Limestone Multimodal Traffic Study Project.

Authorization of Amendment No. 2 to an Agreement with KYTC

The board considered Authorization of Amendment No. 2 to an Agreement with the Kentucky Transportation Cabinet (KYTC) for the Intelligent Transportation System / Traffic Control and Traffic Signal Upgrade Project.

Key speakers during the discussion included P. King and Webb, who presented information regarding the proposed amendment to the existing agreement with KYTC.

The amendment relates to an ongoing project focused on upgrading intelligent transportation systems, traffic control infrastructure, and traffic signal systems. This represents the second amendment to the original agreement with the Kentucky Transportation Cabinet, indicating continued collaboration on transportation infrastructure improvements.

The board approved the authorization of Amendment No. 2 to the KYTC agreement, allowing the project to proceed with the modified terms and conditions outlined in the amendment.

*Note: Specific transcript timestamps are not available for this agenda item.*

Authorization of Amendment No. 1 to Agreement with KYTC

The board considered Resolution D, which sought authorization for Amendment No. 1 to an existing agreement with the Kentucky Transportation Cabinet (KYTC) regarding Air Quality Planning and Mobility Coordination Projects.

P. King and Webb served as the key speakers during the discussion of this agenda item. The amendment addressed modifications to the ongoing agreement between the organization and KYTC related to air quality planning and mobility coordination initiatives.

While specific details of the discussion content and any concerns raised during deliberation were not captured in the available meeting records, the item proceeded through the standard resolution process. The speakers presented the necessary information regarding the proposed amendment to the existing KYTC agreement.

The board ultimately approved the resolution, authorizing Amendment No. 1 to the Agreement with the Kentucky Transportation Cabinet for the Air Quality Planning and Mobility Coordination Projects. This approval allows the organization to move forward with the modified terms of the agreement with the state transportation agency.

The resolution's passage enables continued collaboration between the organization and KYTC on air quality and mobility coordination efforts under the amended agreement terms.

Authorization of a Memorandum of Understanding with Windstream Kentucky East, LLC

The council considered Resolution E, which would authorize a Memorandum of Understanding with Windstream Kentucky East, LLC regarding Projects Area 2 and 4 of the Downtown Lexington Streetscape Project.

Webb served as the key speaker presenting this item to the council. The resolution specifically addressed coordination between the city and Windstream Kentucky East, LLC for utility work related to the downtown streetscape improvements in designated project areas.

The Memorandum of Understanding appears to establish the framework for cooperation between the telecommunications company and the city as part of the broader Downtown Lexington Streetscape Project. Areas 2 and 4 represent specific geographic zones within the overall streetscape improvement initiative where Windstream's infrastructure and services intersect with the planned municipal improvements.

The council approved the resolution without recorded opposition or significant debate. The authorization allows city officials to formalize the working relationship with Windstream Kentucky East, LLC to ensure proper coordination of utility services during the streetscape construction phases.

This approval represents part of the city's systematic approach to managing utility partnerships during major infrastructure projects, ensuring that telecommunications services remain functional while downtown improvements proceed in the designated project areas.

Authorization of a Resolution Regarding Kentucky Public Service Commission Case

The council considered agenda item F, which involved authorizing a resolution regarding Kentucky Public Service Commission Case No. 2008-00427 pertaining to rates of Kentucky-American Water Company.

Askew served as the key speaker for this agenda item, presenting the resolution to the council for consideration. The resolution addressed the ongoing Public Service Commission case that dealt with rate matters involving Kentucky-American Water Company.

The agenda item was presented as a resolution requiring council authorization, indicating that the city sought to take an official position or provide input on the water company rate case before the state regulatory commission. Such resolutions typically allow municipalities to formally participate in utility rate proceedings that may affect their residents and businesses.

Following the presentation and any discussion that may have occurred, the council voted to approve the resolution. This approval authorized the city's participation in or response to Kentucky Public Service Commission Case No. 2008-00427 regarding Kentucky-American Water Company rates.

The approval of this resolution demonstrates the council's engagement with state-level utility regulatory proceedings that could impact local water service rates and conditions for city residents and businesses served by Kentucky-American Water Company.

Authorization to Submit the Proposed 2009 Consolidated Plan to HUD

The council considered a resolution to authorize submission of the proposed 2009 Consolidated Plan to the US Department of Housing and Urban Development (HUD). This agenda item G would also grant authority to accept awards and authorize agreements with subrecipients under the plan.

Key speakers on this item included P. King and O'Mara, who presented the proposal to the council. The Consolidated Plan represents the jurisdiction's strategy for addressing housing and community development needs using federal funding programs administered by HUD.

The resolution encompasses several components beyond just plan submission. It would authorize city officials to accept any awards that result from the submitted plan and to enter into necessary agreements with subrecipient organizations that would help implement the plan's programs and services.

The 2009 Consolidated Plan outlines how the community intends to use federal Community Development Block Grant (CDBG), HOME Investment Partnerships, and other HUD funding to address local housing and community development priorities over the coming program year.

The council approved the resolution, enabling staff to move forward with submitting the plan to HUD by the required deadline. This approval allows the city to pursue federal funding opportunities outlined in the Consolidated Plan and establishes the framework for potential partnerships with local organizations that would serve as subrecipients of federal funds.

The authorization represents a critical step in the annual process of securing federal resources for affordable housing, community development, and public services that benefit low- and moderate-income residents.

Authorization to Accept Donation from KYEM

The meeting addressed agenda item H, which sought authorization to accept a donation from the Kentucky Division of Emergency Management (KYEM) on behalf of the Department of Public Safety, Division of Emergency Management/911.

Key speakers on this item included P. King and Bennett, who presented the resolution to the governing body. The donation was intended to benefit the local emergency management and 911 operations, though specific details about the nature, value, or intended use of the donation were not detailed in the available meeting materials.

The resolution was presented as a straightforward authorization matter, allowing the department to formally accept the donation from the state emergency management agency. This type of inter-governmental cooperation is common in emergency management operations, where state agencies often provide resources, equipment, or funding to support local emergency response capabilities.

Following discussion by the speakers, the resolution was approved by the governing body, enabling the Department of Public Safety's Division of Emergency Management/911 to proceed with accepting the donation from KYEM. This approval allows the local emergency management division to enhance its capabilities through the state-provided resources.

The authorization represents routine administrative business related to emergency management operations and inter-governmental cooperation between state and local emergency response agencies.

Authorization to Accept Award from KBEMS

The meeting addressed agenda item I, which sought authorization to accept an award from the Kentucky Board of Emergency Medical Services (KBEMS) on behalf of the Department of Public Safety, Division of Fire and Emergency Services.

Key speakers during the discussion included Dugger and Bennett, who presented the matter to the governing body. The resolution requested formal authorization to accept recognition from KBEMS, which would acknowledge the work and achievements of the local Department of Public Safety's Fire and Emergency Services Division.

The item was presented as a straightforward administrative matter requiring official approval to accept the external recognition. The Kentucky Board of Emergency Medical Services is the state regulatory body that oversees emergency medical services standards and operations throughout Kentucky, making this award a significant acknowledgment of the department's performance and compliance with state emergency medical service standards.

No significant concerns or objections were raised during the discussion of this agenda item. The matter proceeded without debate, indicating consensus among the participants regarding the appropriateness of accepting the award.

The resolution was approved, granting the requested authorization for the Department of Public Safety, Division of Fire and Emergency Services to formally accept the award from KBEMS. This approval allows the department to receive the recognition and any associated benefits or acknowledgments that come with the award from the state emergency medical services board.

The acceptance of this award reflects positively on the local emergency services operations and demonstrates compliance with state emergency medical service standards and best practices.

Authorization to Accept an Award from the Kentucky Office of Homeland Security

The meeting addressed a resolution to authorize acceptance of an award from the Kentucky Office of Homeland Security on behalf of the Department of Public Safety, Division of Police, under the 2008 State Homeland Security Grant Program.

P. King and Bennett served as the key speakers for this agenda item. The discussion focused on the formal authorization needed to accept the homeland security grant funding, which would benefit the local police division's operations and capabilities.

The resolution was presented as a standard procedural matter requiring official approval to accept the state grant award. The funding comes through Kentucky's allocation of federal homeland security resources, distributed through the state's Office of Homeland Security to local law enforcement agencies.

No significant concerns or opposition were raised during the discussion of this item. The authorization represents routine acceptance of available grant funding to enhance public safety capabilities and resources for the police division.

The resolution was approved, allowing the Department of Public Safety's Division of Police to formally accept the award from the Kentucky Office of Homeland Security under the 2008 State Homeland Security Grant Program. This approval enables the department to move forward with utilizing the grant funds for their intended homeland security and public safety purposes.

Authorization to Accept Deeds of Easement or Acquisition for Properties

The board considered agenda item K, which sought authorization to accept deeds of easement or acquisition for properties related to the Storm Water Management Project in Cardinal Valley under the Sugar Mill Mitigation Project.

Key speakers during the discussion included P. King and Taylor, who presented details about the proposed property acquisitions and easements necessary for the stormwater management infrastructure.

The item involved accepting legal instruments that would grant the necessary property rights to implement stormwater management improvements in the Cardinal Valley area. These acquisitions and easements were identified as essential components of the broader Sugar Mill Mitigation Project, which appears to address environmental or infrastructure concerns in the region.

The board approved the authorization, allowing staff to proceed with accepting the required deeds of easement or property acquisitions. This approval enables the continuation of the Storm Water Management Project by securing the necessary property rights and access needed for construction and maintenance of stormwater infrastructure.

The resolution passed without apparent opposition, indicating board consensus on the necessity of these property acquisitions for the successful completion of the mitigation project. The approval represents a procedural step in the larger infrastructure improvement effort, ensuring legal access to properties where stormwater management facilities will be constructed or maintained.