# Urban County Council Meeting - December 8, 2009 > Auto-transcribed civic record · Council · December 8, 2009 - **Permalink**: https://meetings.lexingtonky.news/meeting/1146 - **Source video**: https://lfucg.granicus.com/player/clip/1146?view_id=14&redirect=true - **Date**: 2009-12-08 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 12,772 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on December 8, 2009, at 6:00 P.M. in Lexington, Kentucky, with Mayor Newberry presiding. The meeting addressed 3 agenda items, all of which were approved by the Council. Business before the Council included two ordinances amending Section 21-5(2) of the Code of Ordinances, as well as an ordinance authorizing an agreement with REACH, Inc. Over the course of the meeting, the Council took 3 votes and heard 2 public comments. ## Attendance The following 14 members were present at the December 8, 2009 Council meeting: - Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers **Absent:** Feigel No members were recorded as late. ## Votes and Decisions Three votes were taken during the December 8, 2009 Council meeting. - **Approval of Ordinances (Second Reading)** [timestamp: 0:08:24]: Motioned by Beard and seconded by Ellinger, the Council voted to approve ordinances given second reading. The motion passed unanimously on a 14–0 roll call vote. All members voted in favor: Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers. No members voted against or abstained. - **Approval of Resolutions (Second Reading)** [timestamp: 0:27:50]: Motioned by Crosbie and seconded by Ellinger, the Council voted to approve resolutions given second reading. The motion passed unanimously on a 14–0 roll call vote. All members voted in favor: Stinnett, Beard, Blues, Crosbie, Ellinger, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers. No members voted against or abstained. - **Amendment to Extend Vacation Leave Carryover** [timestamp: 1:29:54]: Motioned by Myers and seconded by Crosbie, the Council voted on an amendment to extend vacation leave carryover to all employees. The motion passed by voice vote. ## Budget and Financial Actions The Council addressed several financial items at the December 8, 2009 meeting, including contracts and grant awards totaling more than $6.9 million. - **Douglass Heights Redevelopment Project:** The Council approved an agreement with REACH, Inc. valued at **$525,000** to support the Douglass Heights Redevelopment Project. No resolution identifier was provided in the meeting record. - **Cold Case Pilot Project Grant:** The Council accepted an **$80,000** grant from the **Department of Criminal Justice Training** to fund a Cold Case Pilot Project. This award will support investigative efforts related to unsolved cases. No resolution identifier was recorded for this item. - **Legacy Trail and Downtown Streetscape Projects Grant:** The largest financial action of the meeting was the acceptance of a **$6,375,000** grant from the **Kentucky Transportation Cabinet**. The funding is designated for two projects: the Legacy Trail Project and the Downtown Streetscape Project. No resolution identifier was provided in the meeting record. No resolution numbers were included in the available meeting data for any of the above items. Combined, the financial actions approved at this meeting represent approximately **$6,980,000** in contracts and grant funding. ## Public Comment Two members of the public addressed the Council during the public comment period, both speaking on the same topic regarding vacation and holiday time carryover for the Project Synergy team. - **Tim Bailey** [timestamp: 46:27] requested that employees on the Project Synergy team be given the same opportunity as E911 employees to carry over vacation and holiday time. Bailey's comments centered on the impact of changing implementation dates on staff, suggesting that shifting project timelines had affected the team's ability to use their accrued leave as planned. - **Mary Pfister Tucker** [timestamp: 49:20] followed with comments supporting Bailey's request. Tucker echoed the concern that delays in the project's implementation had prevented Project Synergy staff from taking leave they had planned to use, and she advocated for the team to be permitted to carry over that vacation time as a result. Both speakers framed their requests around the precedent set by E911 employees, who had apparently been granted similar carryover accommodations. The comments reflect a concern that Project Synergy team members should not be penalized with lost leave time due to circumstances tied to project scheduling changes outside their control. ## Contested Items - **Vacation Leave Carryover for Employees:** The Council engaged in heated discussion regarding a proposal to extend vacation leave carryover to all employees. The debate centered on concerns about fairness — specifically whether the policy should apply uniformly across the workforce — as well as the potential administrative burden such an expansion could create. The structured data does not specify which individual council members or staff took particular positions, nor does it record a final vote outcome or resolution from this discussion. ## Ordinance Amending Section 21-5(2) of the Code of Ordinances [timestamp: 02:39] The Council considered an ordinance to amend Section 21-5(2) of the Code of Ordinances, which proposed abolishing one position of Computer Analyst Supervisor and creating one position of Database Administrator in the Division of Enterprise Solutions. Key speakers on this item included **Beard** and **Ellinger**. The ordinance was presented and discussed by the Council, with the item moving through consideration without significant recorded opposition. - **Action proposed:** Abolish one Computer Analyst Supervisor position and replace it with one Database Administrator position within the Division of Enterprise Solutions. - **Outcome:** The ordinance was **approved**. ## Ordinance Amending Section 21-5(2) of the Code of Ordinances [timestamp: 03:10] The Council took up an ordinance to amend Section 21-5(2) of the Code of Ordinances, which addressed a staffing change within the Division of Emergency Management/911. The ordinance proposed creating one position of Administrative Specialist Sr. while simultaneously abolishing one position of Administrative Specialist in that division — effectively an upgrade of an existing position classification rather than an expansion of overall headcount. Key speakers on this item included Beard and Ellinger. The discussion centered on the personnel reclassification and its implications for the Division of Emergency Management/911. No significant concerns or opposition were recorded in the available record. The ordinance was approved by the Council. ## Ordinance Authorizing Agreement with REACH, Inc. [timestamp: 03:42] The Council took up Agenda Item 3, an ordinance authorizing the Mayor to execute an agreement with REACH, Inc. in connection with the Douglass Heights Redevelopment Project, to be funded through Neighborhood Stabilization Program funds. Key speakers on this item included Beard and Ellinger. The ordinance was presented to the Council for consideration and discussion before a vote was taken. The Council approved the ordinance. --- ## Decisions - **Motion** — passed (14-0): Approval of ordinances given second reading - **Motion** — passed (14-0): Approval of resolutions given second reading - **Motion** — passed (0-0): Amendment to extend vacation leave carryover to all employees --- ## Full transcript The council meeting to order please. Madam Clerk, will you call the roll? Mr. Stennett? Mr. Beard? Mr. Blues? Ms. Crosby? Mr. Ellinger? Ms. Feigl? Ms. Gordon? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Yes. Mr. McCord? Here. Mr. Myers? Here. Thank you very much. We have a quorum, so we will proceed. The next item on the agenda is our invocation. Tonight, it is my pleasure to welcome to the podium Rabbi Moshe Smolkin from the Ohave Zion Synagogue here in town. Rabbi? First, I just want to say thank you for inviting me tonight. How many of us have had the experience that we set something up, have an idea of constructing something, of making something, and then it doesn't quite happen the way we intend? How many of us have had that experience? In the Bible, there are certain expectations, ideals for our society. To feed the hungry, clothe the naked, and bring shelter to the homeless. To create a kind, compassionate society in which the poor are taken care of, in which the widow and the orphan are watched over. This type of society is what comes out through Scripture, but it's often challenging to create. We have wonderful ideals, and we work to make them happen in reality. But somewhere along the line, there are challenges. Somewhere along the line, things, when we try and make ideas, materialize. Sometimes it doesn't quite turn out that way. And our job here is to work in partnership with the Divine, to work, to try, to make things materialize. To work in partnership with the Divine, to work to try and create those ideals, to make manifest the most noble ideals of humanity. May God give us the strength, the courage, and the wisdom to make that happen. Amen. Thank you. Madam Clerk, we are ready to give second reading to the ordinances entitled to second reading. Ordinance No. 1, and Ordinance Amending Section 2152 of the Code of Ordinances, Abolishing One Position of Computer Analyst Supervisor, Grade 117E, in the Division of Computer Services, and Creating One Position of Database Administrator, Grade 117E, in the Division of Enterprise Solutions and Appropriating Funds, pursuant to Schedule No. 85. Ordinance No. 2, and Ordinance Amending Section 2152 of the Code of Ordinances, Creating One Position of Administrative Specialist Senior, Grade 112N, and Abolishing One Position of Administrative Specialist, Grade 110N, in the Division of Emergency Management, 911, authorizing the Division of Human Resources to advertise internally and appropriating funds, pursuant to Schedule No. 87. Ordinance No. 3, and Ordinance Authorizing and Directing the Mayor on behalf of the Urban County Government to Execute an Agreement with REACH Incorporated for Use of Neighborhood Stabilization Program Funds for the Douglas Heights Redevelopment Project at a Cost Not to Exceed $525,000, and Appropriating Funds, pursuant to Schedule No. 88. Number 4, and Ordinance Amending Section 2252 of the Code of Ordinances, Creating One Temporary Position of Administrative Officer Senior, Grade 120E, ending three years from the effective date of passage of this ordinance within the Division of Water Quality and Appropriating Funds, pursuant to Schedule No. 90. Number 5, and Ordinance Amending Section 2152 of the Code of Ordinances, Abolishing One Position of Recreation Manager, Grade 114E, and Creating One Position of Senior Adult and Therapeutic Recreation Services Administrator, Grade 116E, and the Division of Parks and Recreation and Appropriating Funds, pursuant to Schedule No. 91. Number 6, and Ordinance Pursuant to Section 21A of the Code of Ordinances of the Lexington-Fayette Urban County Government, Adopting a Schedule of Meetings for the Council for the Calendar Year 2010. Number 7, and Ordinance Amending Section 2252 of the Code of Ordinances, Creating One Temporary Position of Public Information Officer, Grade 118E, ending two years from the effective date of passage of this ordinance within the Division of Police. Number 8, and Ordinance Amending Certain of the Budgets of the Lexington-Fayette Urban County Government to Reflect Current Requirements for Municipal Expenditures and Appropriating Reappropriating Funds, Schedule No. 89. Number 9, and Ordinance Amending Section 2152 of the Code of Ordinances, Transferring One Position of Public Service Supervisor, Grade 114E, and Two Positions of Equipment Operator Senior, Grade 109N, from the Division of Traffic Engineering to the Division of Streets, Roads, and Forestry, transferring the incumbents and appropriating funds, pursuant to Schedule No. 92. Number 10, and Ordinance Authorizing and Directing the Mayor on Behalf of the Urban County Government to Accept a Grant from the Department of Criminal Justice Training, which grant funds are in the amount of $80,000 federal funds, for the Cold Case Pilot Project, appropriating funds pursuant to Schedule No. 93 and authorizing the mayor to transfer unencumbered funds within the grant budget, and authorizing and directing the mayor on behalf of the Urban County Government to execute a Memorandum of Understanding with the Department of Criminal Justice Training for participation in the Cold Case Pilot Project. Number 11, and Ordinance Authorizing and Directing the Mayor on Behalf of the Urban County Government to Accept a Grant from the Kentucky Department of Military Affairs, Division of Emergency Management, which grant funds are in the amount of $112,984.68 federal funds, are for the Fiscal Year 2010 Emergency Management Assistance Project, the acceptance of which obligates the Urban County Government for the expenditure of $112,984.68 as a local match, appropriating funds pursuant to Schedule No. 94 and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 12, and Ordinance Authorizing and Directing the Mayor on Behalf of the Urban County Government to Execute an Agreement with the University of North Florida Training and Service Institute Incorporated for Training Courses at a cost not to exceed $12,500.00 and appropriating funds pursuant to Schedule No. 95. Number 13, and Ordinance Authorizing and Directing the Mayor on Behalf of the Urban County Government to Execute a Rental Agreement with Lexington Center Corporation for space for the Celebration of Disability Expo and Medicaid Waiver Fair at a cost not to exceed $1,400.00 and appropriating funds pursuant to Schedule No. 96. Number 14, and Ordinance Amending Subsection 1410F10 of the Code of Ordinances, Lexington-Fayette-Urban County Government pertaining to Enforcement of Violations of Sections 17-2 through 17-4 of the Code of Ordinances and Section 6-8-K of the Land Subdivision Regulations of the Zoning Ordinance to add citation officers and to clarify that the enforcement positions may be assigned to the Department of Public Safety. Number 15, and Ordinance Authorizing and Directing the Mayor on Behalf of the Urban County Government to Accept a Grant from the Kentucky Transportation Cabinet. Which grant funds are in the amount of $6,375,000 federal funds arising from the American Recovery and Reinvestment Act are for Phase 1 of the Legacy Trail Project, $2,650,000, Phase 2 of the Legacy Trail Project, $2,430,000, and the Downtown Streetscape Project, $1,295,000, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to Schedule No. 97, and authorizing the mayor to transfer unencumbered funds within the grant budget. Number 16, an Ordinance Amending Section 1 of Ordinance 188-2009, Correcting a Clerical Error and Changing the Percentage of the Salary Increase for Kevin Bennett from 23% to 30.1% or 2,919.93 biweekly, retroactive to September 3, 2009. Number 17, an Ordinance Requiring Appointees to Boards, Agencies, and Commissions Covered by the Provisions of Article 7 of the Charter and which require Council confirmation for appointment of members to take an oath of office or oath by affidavit unless exempt by law within 30 days of Council confirmation and requiring that the oath by affidavit form be submitted to the office of the Council Clerk within 14 days of completion. Thank you. Is there a motion to approve? So moved. I have a motion by Council Member Beard, a second by Council Member Ellinger. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote aye electronically. Madam Clerk, please call the roll. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Wallace? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. Those ordinances are approved. Madam Clerk, we're ready for the reading of the ordinances entitled to first reading. Number 18, an ordinance amending Article 65A of the Land Subdivision Regulations to amend the utility standards to require new utility lines to be installed below ground with the exception of major facilities and to provide standards for such installation. Number 19, an ordinance changing the zone from an agricultural urban zone to a mixed-use community zone for 60.511 net, 64.411 gross acres from a single-family residential zone to a mixed-use community zone for 0.539 net, 1.249 gross acre and from a wholesale and warehouse business zone to a mixed-use community zone for 0.967 net, 1.042 gross acres for property located at 780 Red Mile Road, 790 Red Mile Road and a portion of 1200 Red Mile Road, Lexington Trotts Breeders Association, LLC. Number 20, an ordinance changing the zone from a planned neighborhood residential zone to a professional office zone for 2.22 net, 2.26 gross acres for property located at 1122 Oak Hill Drive subject to certain use restrictions imposed as conditions of granting the zone change, ACEDA, LLC. Number 21, an ordinance amending Article 17.6 of the Zoning Ordinance to allow temporary signs related to events sponsored by neighborhood associations or owners' associations to be placed in the rights-of-way of that particular neighborhood with some limitations to the number, size and duration of stay. Number 22, an ordinance amending Articles 3, 18.3a1 and 21.6a to provide general regulations, landscape and land-use buffer requirements, development plan and subdivision plan information and format requirements for the protection of private family cemeteries. Number 23, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its A, $68,100,000 general obligation public project bond Series 2010-A Build America Bonds Direct Pay, dated the date of delivery, which amount may be increased or decreased by an amount not to exceed 10 percent. B, $7,785,000 general obligation refunding bond Series 2010-B Tax Exempt, dated the date of delivery, which amount may be increased or decreased by an amount not to exceed 10 percent. And C, $6,670,000 general obligation refunding bond Series 2010-C Tax Exempt, dated the date of delivery, which amount may be increased or decreased by an amount not to exceed 10 percent. Approving forms of the bonds, authorizing designated officers to execute and deliver the bonds, authorizing and directing the filing of the notice with the state local debt officer, providing for the payment and security of the bonds, authorizing the establishment of certain funds, authorizing the publicly advertised sale of said bonds, acceptance of the bids of the bond purchasers of the bonds, authorizing certain other actions with regards to the financing of the Series 2010 project and the refundings, including a continuing disclosure agreement and such other documents, agreements, or certificates necessary or required for the issuance of the bonds, designating the refunding bonds as qualified tax-exempt obligations and repealing inconsistent ordinances. Number 24, an ordinance amending certain of the budgets of the Lexington-Fayette-Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 98. Number 25, an ordinance authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to the professional services agreement with the Lexington-Fayette County Housing Authority for community and social services for residents of the Bluegrass-Asmodale area pursuant to the HOPE VI project, extending the agreement termination date from December 13, 2009, to June 30, 2011. Number 26, an ordinance amending Section 17.2 of the Code of Ordinances, Lexington-Fayette-Urban County Government, to delete the definition of firegate and to renumber the remaining subsections, to replace the term numbered with the term assigned in address, to add the term assigned unit number, to replace the term property identification other than a regulation street sign with the term site number, to provide for numbers that contrast with the background on which they are affixed, commercial and industrial building requirements of numbers which are a minimum of 10 inches in height and one and three-quarter inch stroke to be affixed above or near the main entrance when possible, and to require that postings clearly indicate the proper structure for that address, to add the terms unit number and unit, to provide for review and approval of actions by the addressing committee, the adoption of the Addressing Guide for Lexington-Fayette-Urban County Government as additional guidance in numbering and addressing properties, and to empower the Commissioner of Public Safety to prescribe, adopt, promulgate, and enforce rules and regulations, and to delete subsection 17.2G of the Code of Ordinances pertaining to fire gate numbers, amending subsection 17.2.1A of the Code of Ordinances to add the term or less than two digits and to delete the reference to one number for each 25 feet of roadway for newly created properties, amending subsection 17.2.1C.3 to add the term articles, amending subsection 17.2.1D of the Code of Ordinances to delete the term frontage, amending subsection 17.2.1E of the Code of Ordinances to delete the term letters and to add the term approved, amending subsection 17.3.B and C of the Code of Ordinances to add the term property and to provide that all requests for changes are to be submitted in writing to the Addressing Office of the Division of Enhanced 9-1-1 and are subject to review and determination by the Address Committee, which determination is appealable to the Address Board, amending subsection 17.4.B of the Code of Ordinances to change the notice time from five days to ten business days, to delete the reference to fire gate numbers to specify that obstructions to visibility are violations, to require the temporary posting of numbers during construction, which are to be replaced with the permanent numbers prior to final inspection for occupancy, and to renumber the subsections accordingly, amending subsection 17.4.3 of the Code of Ordinances to include appeals of determinations by the Address Committee and renumbering the subsections accordingly, and amending subsection 17.4.5 of the Code of Ordinances to include appeals of the Address Committee determinations to be made within 30 days, with failure to do so constituting a waiver and final decision, all effective on February 1, 2010. And number 27, an ordinance notwithstanding section 2133A of the Code of Ordinances providing that employees holding the position of telecommunicator, telecommunicator senior, telecommunicator supervisor, and PSAP manager in the Division of Emergency Management 9-1-1 may carry over accumulated vacation leave in excess of 168 hours at the end of calendar year 2009, providing that these employees shall have their accumulated vacation hours reduced to 168 hours on March 31, 2010, and providing that these employees who separate from employment with the Lexington-Fayette-Urban County Government prior to March 31, 2010, shall be paid pursuant to section 2133E of the Code of Ordinances for no more than 168 hours plus any hours accumulated for service during the calendar year of 2010. Thank you. Are there motions? Council Member Hinson. Thank you, Mayor. I'd like to suspend the rules and give second reading to item 27. Thank you. Are there others? Council Member James. I'd like to suspend the rules and give second reading to number 25, please. Any others? Council Member Gordon. Yes, I guess I'd ask legal, can we do number 23, which is the general obligation bonds? We cannot. So that will wait until January. Thank you. Any others? All right, I have a motion to suspend the rules for purposes of giving second reading to items number 25 and 27. Those in favor of suspending the rules, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Number 25 for second reading. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to the Professional Services Agreement with the Lexington-Fayette County Housing Authority for community and social services for residents of the Bluegrass-Aspendale area pursuant to the HOPE VI Project, extending the agreement termination date from December 13, 2009 to June 30, 2011. Number 27, an ordinance notwithstanding Section 2133A of the Code of Ordinances providing that employees holding the position of telecommunicator, telecommunicator senior, telecommunicator supervisor, and PSAP manager in the Division of Emergency Management 9-1-1 may carry over accumulated vacation leave in excess of 168 hours at the end of calendar year 2009, providing that these employees shall have their accumulated vacation hours reduced to 168 hours on March 31, 2010, and providing that these employees who separate from employment with the Lexington-Fayette Urban County Government prior to March 31, 2010 shall be paid pursuant to Section 2133E of the Code of Ordinances for no more than 168 hours plus any hours accumulated for service during the calendar year of 2010. Motion to approve. I have a motion by Councilmember Ellinger to approve those resolutions and a second by Councilmember James. Any discussion? Seeing none, we'll proceed to vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And, Madam Clerk, please call the roll. Mr. Stennett? Aye. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. Those ordinances are approved. Madam Clerk, we're ready to give second reading to the resolutions entitled to second reading. Resolution number one, a resolution accepting the bid of Labor Works Lexington, LLC, establishing a price contract for temporary labor materials recycling facility for the Division of Waste Management. Number two, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a donation of fitness equipment from Transylvania University for use by the Division of Fire and Emergency Services at no cost to the Urban County Government. Number three, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute change order number one to the contract with Watermark Construction, LLC, for the Town Branch Trail Phase II construction project, decreasing the contract price by the sum of $15,624.32, from $185,502.70 to $169,878.38. Number four, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a rental agreement with the Lexington Center Corporation for Martin Luther King Day at a cost not to exceed $9,000. Number five, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute agreements with South Lexington Babe Ruth, Inc., $1,000, Lexington Humane Society, $500, and Lexington Center Participants Council, Inc., $400, for the office of the Urban County Council at a cost not to exceed the sum stated. Number six, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with MASH Services of the Bluegrass, Inc., for operation of the MASH drop-in facility at a cost not to exceed $180,000 in grant funds from the U.S. Department of Health and Human Services. Number seven, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute lease agreements with Area Health Education Center, Bluegrass Community Action Agency, Community Reinvestment Alliance, Legal Aid of the Bluegrass, LexCare, Lexington Fayette County Urban League, National Alliance for the Mentally Ill, National Association for the Advancement of Colored People, and West End Community Empowerment Program, for use of space at the Black and Williams Neighborhood Center. Number eight, a resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with Pictometry International Corporation, a sole source provider, for the lease of oblique aerial photography, viewing software, site licenses, and traditional aerial photography, and supporting maintenance and professional services for up to six years, subject to sufficient funds being appropriated in future fiscal years, at a cost not to exceed $52,065 in fiscal year 2010. Number nine, a resolution ratifying the probationary civil service appointments of Tammy Hudson, Operations Manager, Grade 116E, 2002-92.72, biweekly, in the Division of Waste Management, effective December 7, 2009. Mitchell Kisik, Internal Auditor, Grade 118E, 1008-99.92, biweekly, in the Office of Internal Audit, effective December 7, 2009. James Quinn, Internal Auditor, Grade 118E, 2007-60.32, biweekly, in the Office of Internal Audit, effective December 7, 2009. Jeffrey Cravens, Operations Manager, Grade 116E, 2000, biweekly, in the Division of Waste Management, effective December 7, 2009. David Adamovich, Treatment Plant Operator Apprentice, Grade 113N, 15.074, hourly, in the Division of Water Quality, effective December 7, 2009. David Brazelton, Trades Worker Senior, Grade 109N, 17.472, hourly, in the Division of Streets, Roads, and Forestry, effective December 7, 2009. Tonya Walters, Staff Assistant Senior, Grade 108N, 13.130, hourly, in the Division of Facilities and Fleet Management, effective December 7, 2009. Approving the Unclassified Civil Service Appointment of Barbara Steifel, Staff Assistant Senior, Grade 108N, 12.500, hourly, in the Division of Water Quality, effective November 23, 2009. Number 10. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute the 2010 General Term Orders for the Fayette County Clerk and the Fayette County Sheriff, establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant, subject to the limits for each category as specified in the General Term Orders and subject to the fees collected by the officers, respectively, in their 75 percent accounts, pursuant to KRS 64.351. Number 11. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a statement of concurrence with Louisville Metro Government, allowing its use of an emergency radio system frequency, subject to Louisville Metro Government correcting any interference problems related to such use, at no cost to the Urban County Government. Number 12. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute Change Order Number 1, Final, to the contract with Randall Davies Construction Company for construction of the Town Branch Trail Phase 1B, decreasing the contract price by the sum of $30,248.78 from $224,109.20 to $193,860.42. Number 13. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute Amendment Number 9 to the contract with Intran, formerly known as American Consulting Engineers, PLC, for professional services for the Newtown Pike Extension Project, increasing the contract price by the sum of $605,853.00 from $5,461,116.51 to $6,066,969.51. Number 14. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute Change Order Number 2 to the contract with Morelia Design and Construction for McConnell Springs Wetland Development Area, increasing the contract price by the sum of $10,602.00 from $386,115.15 to $396,770.15. Number 15. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Definitive Relocation Agreement with Insight Kentucky Partners 2LP for relocation of fiber optic and coaxial cable to underground for the South Limestone Streetscape Project at a cost not to exceed $450,000. Number 17. A resolution pursuant to Code of Ordinances Section 1866, designating the speed limit on Alexandria Drive between Versailles Road and Biley Road as 25 mph and designating the speed limit on Delmont Drive as 25 mph and authorizing and directing the Division of Traffic Engineering to install proper and appropriate signs in accordance with the designations. Number 17. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a Facility Use Agreement with the Department of Criminal Justice Training for use of facilities for training at no cost to the Urban County Government. Number 18. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Contract No. 5797, Resolution No. 693-2006, with Kentucky Theatre Management Group, Incorporated, extending the term of management for an additional 13 months. Number 19. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a User Agreement with the Kentucky State Police for use of an information system at no cost to the Urban County Government. Number 20. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Kentucky Office of Homeland Security for extension of the Metropolitan Medical Response Systems project through June 30, 2010 at no cost to the Urban County Government. Number 21. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Kentucky Office of Homeland Security for extension of the Bomb Squad Enhancement Project through June 30, 2010 at no cost to the Urban County Government. Number 22. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an Amendment to Agreement with the Kentucky Office of Homeland Security for extension of the IED Attack Deterrence Project through June 30, 2010 at no cost to the Urban County Government. Number 23. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute agreements with ACT Ministries, Incorporated, $100, Blue Grass Community Foundation, Incorporated, $525, Central Kentucky Radio Eye, Incorporated, $500, and One World Films, Incorporated, $575 for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 24. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute certificates of consideration and other necessary documents and to accept deeds for easements needed for the South Limestone Streetscape Project at no cost to the Urban County Government. Number 25. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute agreements with Central Kentucky Area Drug Task Force, $3,000, Asbury College, $9,500, Hollingsworth and James LLC, $10,000, Board of Education of Fayette County, Kentucky, $28,175, Fayette County Commonwealth Attorney, $11,000, Kenton County Commonwealth Attorney, $11,500, and Commonwealth Attorney for Lincoln, Pulaski, and Rockcastle Counties, $7,500, for performance of services under the 2008 Project Safe Neighborhood Grant at a cost not to exceed the amounts indicated. Number 26. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute an agreement with Community Action Council for Lexington, Fayette, Bourbon, Harrison, and Nicholas Counties, Incorporated, for use of Community Development Block Grant funds for energy efficiency improvements to private housing owned and occupied by income-eligible households at a cost not to exceed $245,000. Number 27. A resolution authorizing and directing the Mayor, on behalf of the Urban County Government, to execute a loan agreement with Russell School Community Service Center, Incorporated, for use of Community Development Block Grant funds for the rehabilitation of the Russell Elementary School property at a cost not to exceed $200,000. I have a motion by Council Member Crosby to approve, and a second by Council Member Ellinger. Any discussion? I see none, so let's proceed to vote. Those in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay electronically. And, Madam Clerk, please call the roll. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Aye. Ms. Crosby? Mr. Ellinger? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. And Mr. Myers? Yes on everything except number 27. I would accuse myself on it. Thank you. Thank you. Those resolutions are approved. We are now ready to give second reading to the resolution, first reading, rather, to the resolutions entitled to first reading. Madam Clerk. Resolution number 28, a resolution accepting the bid of HARP Enterprises, Incorporated, in the amount of $89,760 for voting machines for the Fayette County Clerk's Office. Number 29, a resolution accepting the bid of Fire Training Structures, LLC, in the amount of $259,135 for a live fire training structure for the Division of Fire and Emergency Services. Mayor? I have a motion to amend number 30, please. Council Member Crosby. There's actually four different ones on this one. I move to amend item number 30 on the docket under first reading resolutions to take the following actions. One, approving the unclassified civil service appointment of Brent Burchett, aide to council, to biweekly salary of $1,653.85 in the office of the Urban County Council effective January 12, 2010, correcting the effective date for Stephen Farmer, municipal engineer, grade 119E, $3,088.88 biweekly in the Division of Water Quality to November 16, 2009, ratifying the unclassified civil service appointments made by the mayor for Rebecca Arledge, administrative specialist, grade 110N, $16.543 hourly in the Division of Water Quality effective November 16, 2009, and Michael Montgomery, administrative specialist, grade 110N, $16.543 hourly in the Division of Water Quality effective November 23, 2009, and four, correcting Kevin Edwards' name and grade to Kevin Edmonds, grade 114E. So moved. Do I hear a second? I have a motion by Council Member Crosby and a second by Council Member Ellinger to amend item number 30 as specified. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 30, a resolution ratifying the probationary civil service appointments of Jane Schalk, social worker senior, grade 113E, $1,682.56 biweekly in the Division of Waste Management effective January 4, 2010, Candice Smith, public service worker, grade 106N, $11.575 hourly in the Division of Waste Management effective December 21, 2009, Marshawn Cowan, public service worker, grade 106N, $11.676 hourly in the Division of Waste Management effective December 21, 2009, Richard Boone, efficiency analyst, grade 118E, $2,652.72 biweekly in the Division of Waste Management effective December 21, 2009, Stephen Farmer, grade 119E, $3,088.88 biweekly in the Division of Water Quality effective November 16, 2009, ratifying the unclassified civil service appointments of William Azevedo, project engineering coordinator, grade 119E, $3,076.92 biweekly in the Division of Water Quality effective November 23, 2009, Kevin Edmonds, social service coordinator, grade 114E, $1,911.44 biweekly in the Division of Adult Services effective November 23, 2009, Jeffrey Rice, administrative officer senior, grade 120E, $2,884.62 biweekly in the Division of Water Quality effective December 21, 2009, Brent Burchett, aid to council, grade 000E, $1,653.85 biweekly in the Office of the Urban County Council effective January 12, 2010, Rebecca Arledge, administrative specialist, grade 110N, $16.543 hourly in the Division of Water Quality effective November 16, 2009, Michael Montgomery, administrative specialist, grade 110N, $16.543 hourly in the Division of Water Quality effective November 23, 2009, approving the unclassified civil service salary adjustment in the Office of the Urban County Council of Donna Jeanette Williams, aid to council, grade 000E, $1,577.28 biweekly to $1,813.87 biweekly in the Office of the Urban County Council effective July 6, 2009. Number 31, a resolution of the Lexington-Fayette Urban County Government authorizing the advertisement for bids and the distribution of the preliminary official statement for the purchase of the principal amount of its A, $68,100,000 general obligation public project bond series 2010A, Build America Bonds Direct Pay, which amount may be increased or decreased by an amount not to exceed 10%, B, $7,785,000 general obligation refunding bond series 2010B, tax exempt, which amount may be increased or decreased by an amount not to exceed 10%, and C, $6,670,000 Lexington-Fayette Urban County Government general obligation refunding bond series 2010C, tax exempt, which amount may be increased or decreased by an amount not to exceed 10%. Number 32, a resolution authorizing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Schroeder Construction Incorporated for pump station upgrade at Haley Pike Landfill, increasing the contract price by the sum of $2,400 from $356,416 to $358,816. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute the designation of the Urban County Government's authorized agent for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund. Number 34, a resolution amending Resolution Number 212-2009, accepting the bid of Clonch Construction, LLC for the Radcliffe Road stormwater improvements to correct the source of funds and to authorize and direct the mayor to execute an amended agreement with the Kentucky Office of Homeland Security for extension of the Division of Police's IED training project through June 30, 2010 at no cost to the Urban County Government. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute and submit a grant application to the Cities of Service Coalition and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 and are for funding a chief service officer position for two years for a program to increase volunteerism in the community. Number 37, a resolution supporting the adoption of disadvantaged business enterprise goals consistent with and conforming to the requirements of the American Reinvestment and Recovery Act of 2009 and any regulations, requirements, guidelines, or policies adopted or promulgated by the U.S. Department of Transportation, Federal Highway Administration, and the Kentucky Transportation Cabinet to the extent necessary to qualify for funding with such goals being based upon an analysis and review of each project on an individual basis, including consideration of the available pool of disadvantaged business enterprises for each project, and amending Resolution Number 167-91 to the extent it is inconsistent with this resolution. Number 38, a resolution supporting the adoption of a grant application to the Urban County Government to execute and submit a grant application to the City of Kentucky, Federal Highway Administration, and the Kentucky Transportation Cabinet to the extent necessary to qualify for funding with such goals being based upon an analysis and review of each project on an individual basis, including consideration of the available pool of disadvantaged business enterprises for each project on an individual basis, including consideration of the available pool of disadvantaged business entrepreneurs. And Number 39, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute agreements with Garden Springs Elementary School PTA, $400, Bryan Station High School PTSA, $1,000, Blue Grass Community Foundation, $1,500, and Stonewall Neighborhood Association, $500 for the Office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Council Member Stennett. I don't think there's any additional walk-ons tonight. I'll make a motion to suspend the rules and give them all second ratings tonight. We have a motion to suspend the rules for purposes of giving. I'm sorry, except for 29. That's part of the Build America bonds and it won't be issued until January. So except 29. Okay, hold on just a moment. I think the reference is to 31, not to 29. No, that reference is to 29. It's the fire burn building. We can't actually approve the bid until we actually approve the bond. So that won't be approved until January. 31 is not the bonds. We had that in the ordinances that we could not do second reading on. Yeah, but the ordinance hasn't passed yet. It's still on the docket. It was number 20 under ordinances. We can do 31, but we cannot do 29. All right. So the motion is to suspend the rules for purposes of giving second reading to all of those resolutions except item number 29. All in favor of suspending the rules, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Number 28 for second reading, a resolution accepting the bid of HARP Enterprises Incorporated in the amount of $89,760 for voting machines for the Fayette County Clerk's Office. Number 30, a resolution ratifying the probationary civil service appointments of Jane Schalk, social worker senior, grade 113E, 1,682.56 biweekly in the Division of Family Services, effective January 4, 2010. Candice Smith, public service worker, grade 106N, 11.575 hourly in the Division of Waste Management, effective December 21, 2009. Marshawn Cowan, public service worker, grade 106N, 11.676 hourly in the Division of Waste Management, effective December 21, 2009. Richard Boone, efficiency analyst, grade 118E, 2,652.72 biweekly in the Division of Waste Management, effective December 21, 2009. Stephen Farmer, municipal engineer, grade 119E, 3,088.88 biweekly in the Division of Water Quality, effective November 16, 2009. Ratifying the unclassified civil service appointments of William Azevedo, project engineering coordinator, grade 119E, 3,076.92 biweekly in the Division of Water Quality, effective November 23, 2009. And the Division of Water Quality, effective November 16, 2009. Kevin Edmonds, social service coordinator, grade 114E, 1,911.44 biweekly in the Division of Adult Services, effective November 23, 2009. Jeffrey Rice, administrative officer senior, grade 120E, 2,884.62 biweekly in the Division of Water Quality, effective December 21, 2009. Brent Burchett, aid to council, grade 000E, 1,653.85 biweekly in the Office of the Urban County Council, effective January 12, 2010. Rebecca Arledge, administrative specialist, grade 110N, 16.543 hourly in the Division of Water Quality, effective November 16, 2009. Michael Montgomery, administrative specialist, grade 110N, 16.543 hourly in the Division of Water Quality, effective November 23, 2009. Approving the unclassified civil service salary adjustment in the Office of the Urban County Council of Donna Jeanette Williams, aid to council, grade 000E, 1,577.28 biweekly to 1,813.87 biweekly in the Office of the Urban County Council, effective July 6, 2009. Number 31, a resolution of the Lexington-Fayette-Urban County Government authorizing the advertisement for bids and the distribution of the preliminary official statement for the purchase of the principal amount of its A $68,100,000 general obligation public project bond series 2010A Build America Bonds Direct Pay, which amount may be increased or decreased by an amount not to exceed 10%, B $7,785,000 general obligation refunding bond series 2010B Tax Exempt, which amount may be increased or decreased by an amount not to exceed 10%, and C $6,670,000 Lexington-Fayette-Urban County Government general obligation refunding bonds series 2010C Tax Exempt, which amount may be increased or decreased by an amount not to exceed 10%. Number 32, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute change order number one to the contract with Schroeder Construction Incorporated for a pump station upgrade at Haley Pike Landfill, increasing the contract price by the sum of $2,400 from $356,416 to $358,816. Number 33, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute the designation of applicant's agent designating Commissioner of Finance Linda L. Rumpke as the Urban County Government's authorized agent for the purpose of obtaining certain federal financial assistance under the Disaster Relief Act or the President's Disaster Relief Fund. Number 34, a resolution amending Resolution Number 212-2009, accepting the bid of Clonch Construction, LLC for the Radcliffe Road stormwater improvements to correct the source of funds and change order number one to the contract with Schroeder Construction Incorporated. The안� worn the terms of year 2000, which includes improvements, to correct the source of funds, and to authorize and direct the mayor to execute an amendment agreement with Clonch Construction, LLC, which includes provisions related to the American Recovery and Reinvestment Act of 2009. Number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Office of Homeland Security for extension of the Division of Police's IED Training project through June 30, 2010, at no cost to the Urban County Government. Number 36, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an and submit a grant application to the Cities of Service Coalition and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $100,000 and are for funding a chief service officer position for two years for a program to increase volunteerism in the community. Number 37, a resolution supporting the adoption of disadvantaged business enterprise goals consistent with and conforming to the requirements of the American Reinvestment and Recovery Act of 2009 and any regulations, requirements, guidelines, or policies adopted or promulgated by the United States Department of Transportation, Federal Highway Administration, and the Kentucky Transportation Cabinet to the extent necessary to qualify for funding, with such goals being based upon an analysis and review of each project on an individual basis, including consideration of the available pool of disadvantaged business enterprises for each project and amending Resolution Number 16791 to the extent it is inconsistent with this resolution. Number 38, a resolution providing that effective December 31, 2009, the Fayette County Attorney's Office, Fayette County Health Department, Lexington Fayette County Housing Authority, and the Explorium of Lexington shall no longer be eligible to participate in the medical insurance plans provided by the Urban County Government and authorizing and directing the Division of Human Resources to notify said entities, authorizing the Division of Human Resources to notify the Carnegie Literacy Center, Convention and Visitors Bureau, Downtown Development Authority, Downtown Lexington Corporation, Lexington Fayette Urban County Human Rights Commission, Kentucky World Trade Center, Kentucky League of Cities, Lexington Parking Authority, Lexington Sister Cities, Metro Employees Credit Union, Metro Group Homes, Nursing Home Ombudsman, One Parent, One Family Facility, Partners for Youth, Reach Incorporated, and the Lexington Urban League, no later than January 1, 2010, but said entities will no longer be eligible to participate in the medical insurance plans offered by the Urban County Government effective December 31, 2010, directing that all purchase of service agreements providing for participation in the medical insurance plans be amended if necessary, and providing that after December 31, 2010, only Lexington Fayette Urban County Government employees and retirees shall be eligible to participate in the medical insurance plans offered by the Urban County Government. Number 39, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute agreements with Garden Springs Elementary School PTA, $400, Bryan Station High School PTSA, $1,000, Blue Grass Community Foundation, $1,500, and Stonewall Neighborhood Association, $500 for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Is there a motion to approve? I have a motion by Council Member Gordon and a second by Council Member Crosby to approve those resolutions, just receiving second reading. Is there any discussion? I see none, so we'll proceed to vote. Those in favor of approving those resolutions, please indicate by voting aye electronically. Those opposed, vote nay. And Madam Clerk, please call the roll. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? No on 31, yes on the rest. Mr. Gordon? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Thank you. Those resolutions are approved. That takes us down to item 7 on the agenda, which is communications from the Mayor. Is there a motion to approve? I have a motion by Council Member Crosby and a second by Council Member Blues. Any discussion? All in favor of approving those communications, please indicate by saying aye. Opposed, no. The motion carries. Item 8 on the agenda is the announcements section of our agenda. Does any Council Member have an announcement? Seeing none, we'll move ahead to public comment. I have two people who have indicated a desire to speak this evening. The first is Tim Bailey. Mr. Bailey, if you'd step to the podium. Mr. Bailey, if you'd step to the podium, you'll have three minutes, and the second is Mary Pfister Tucker. So, Mary, if you would stand by. Hi. My name is Tim Bailey, and I'm here to speak to you on behalf of the Project Synergy team. And I've had about 20 minutes to prepare, so I'll try to be concise. I would ask that you consider providing us, our team, with the same opportunity that's been given to E911 in terms of caring for vacation and holiday time. Personally, I feel it's appropriate because of the changing implementation dates. Our vacation leave has consistently been delayed. And in late fall or early summer, it was like, well, we'll take our time off in December. But unfortunately, even the month of December is, we have the EPM project, the budget process that's about to kick in. We have two payrolls we have to run. We have pensions administration that's about to kick in. We have W2s we have to get ready to go out, and 1099s. Could be more, could be a few less employees who are going to stand to lose time, some in excess of 120 hours of vacation. We had one employee on our team who had surgery delayed because of one of the implementation dates. Some employees have had leave approved the prior calendar year that was delayed. And as these implementation dates kept rolling forward, so did our vacation requests. Our leave requests, and now it's December. So we would ask that we be given the same opportunity as E911, or at least that you would consider that. And again, I didn't have a lot of time to prepare, so I know I'm not very, I'm not as polished as I would like to be. But I would ask for your consideration. Mary. Hi, I'm Mary Fister Tucker. As you know, I'm the Director of Accounting and Acting Director of Budgeting. And I'm here on behalf of the team that was involved in the project synergy and in the accounting division as a whole. As Tim alluded, the production dates or implementation dates kept being delayed. We would have a vacation planned, and then we would push back HCM or there was some change in the PCG module implementation, and we'd have to pull back and I'd have to go to the person and say, can you reschedule your vacation? Have you bought plane tickets yet? If not, don't. So this has been going on all fall. This is December 31st. So, you know, I can't have staff gone between now and the end of the year. As Tim alluded, there's within accounting and HR and IT, I think we have about 15 people. You know, I myself stand to lose over three weeks of vacation and holiday time from working every holiday and things like that. So while we may not be saving lives, I would urge you to consider that what we are doing is just as critical a function for the citizens of Lexington and for your governing body, because without reliable systems and without reliable financial data, you can't make good decisions. So, you know, it's just as critical a function as E911. So please consider doing something that's more fair. Thanks. Thank you. Does anyone else wish to address the council? Do I hear a motion to adjourn? Or amend the agenda? And I guess I need to go ahead and state the purpose. And that is to include this group into what was number 27 under first reading of ordinances. So moved. We have a motion to amend the docket to add another ordinance that would essentially extend by 90 days the ability of the Synergy Group to utilize their vacation time. Is that correct? The parliamentarians tell me that I need to make the first motion to amend the agenda. We'll have to do another ordinance, including not amending the agenda. We'll write it right now and we can walk it on. But I have to amend the agenda to allow that to happen, right? We were told last meeting since this was not on our docket that we have to amend our docket to be able to discuss this, to amend our agenda, to have discussion on this. That's what we were told last week when the E911 people came to us. If we want to be able to discuss this, we were told that we had to amend. Just a moment. Let's get some guidance from council. Thank you. Thank you. Thank you. Thank you. Thank you. The chair has advised the appropriate motion at this point is to amend the agenda for purposes of entertaining other business at this time. Is that the motion that I believe you made? So moved. Council Member Crosby wishes to second that motion. So the question on the floor now is do we wish to amend the agenda in order to facilitate other business? Council Member Myers. I'm sorry. Any discussion on that motion? Those in favor of amending the agenda, then indicate by saying aye. Opposed, no. Is there a second? We have a second by Council Member Stennett. So the motion is to reconsider. Number 27. Coordinates. Any discussion? All in favor say aye. Opposed? Council Member James. So this would be, please clarify, the reconsideration of 27 would mean that we would be voting, we would have to vote with them paired together. So it would be the E911 vote plus synergy. The motion on the floor right now is to reconsider number 27. Once that, if that motion is approved, item number 27 will be back on the floor for discussion. At that time, I sense there's probably going to be a motion to amend number 27 to include the project synergy team in addition to the E911 people. That's what I was asking. But we're not there yet. Okay, well, that's what I'm asking because I, well, I'll just speak to the motion. I would prefer it be a separate motion and not necessarily, so I'll have to vote no on the motion and hope that there's a way that you can get that to the docket for discussion without reconsidering number 27. As I understand the original motion to amend the docket, the meeting is now open for additional business, so you could make whatever motion you wish to make at that point. Thank you, Mayor. Question on the floor now is to reconsider the item number 27. Mayor? Council Member Myers. Thank you, Mayor. I'd like to withdraw that motion. All right. I need my second. Council Member Crosby, do you withdraw your second? You're correct. I have a motion and second to amend the docket by adding an ordinance that number 28, which would be identical to ordinance number 27, except it would apply to the synergy group rather than E911 group. That's correct. Any discussion on the motion to add that item to the docket? Council Member James. Thanks, Mayor. My question would be for whoever could answer about whether the time could be used within the first quarter. I don't know what the priorities of synergy are right now and if there's even any time. I'll take that on behalf of the team. You know, it depends on how many weeks they have, and we'll do our best to accommodate it. We have pensions module going live January 4th. We have systems upgrades coming up. We do have a calendar that's come out, so I will meet with Commissioner Rumke and folks at Synergy and look at the calendar and see what we can adjust to make it happen. Okay, thanks, Rama. Thanks, Mayor. Any further discussion? Council Member Beard. Thank you, Mayor. While I wholeheartedly agree that these two situations need to be fixed, are there others in government who just haven't had gotten here or thought at some point that it would be useless to get here? And has there been any study done at all about the rest of government and where they stand? And if so, what might that be? When the issue of the 9-1-1 came up last week, I asked for a run of all LFUCG employees, and we know that there's at least 200 that are today carrying 200 plus hours of vacation time, and they can only carry 4 to 168. There may be several other, a couple of other hundred who have between 168 and 200, but the run was about this thick, and Commissioner Bennett and I went through it this afternoon, page by page, and picked out everybody who had at least 200 hours, thinking that it would be very hard for them to get down to 168 by the end of the year now. So to answer your question, yes, there are other people who have in excess of 168 hours, and I can't tell you the circumstances of each and every one of those individuals, but when I spoke this afternoon about including everyone, I was thinking of the Synergy Group and streets and roads people, and people who work in public works and water quality who, depending upon their circumstances, may or may not have been able to get their time in. And that's not unusual. It happens every year. We always have some people who have more time than they can use, and again, according to the existing ordinance, they just hadn't asked because the ordinance says use it or lose it, and so they did not expect it to be carried forward. On the basis of fairness, it seems to me that hopefully we have no nonessential employees in the government at all. So someone on streets and roads may be just as critical, especially if we have an ice storm coming into that season or some inordinate snow or whatever, that it becomes difficult for them to take their vacation also. We don't have the facts in front of us specifically, but we can always come back as soon as we get back from break and try to fix if the administration would pull together those numbers and who they are and where they are. Well, I think particularly just using the Synergy Team as an example, lots of folks were counting on them to get paid. They've done a remarkable job and put in incredibly long hours and weekends and marrying her team, working on the audits, and there are others. I'm sure that I'm not thinking and not coming to mind, but from my perspective, the issue of fairness, whether you're in 9-1-1, E-9-1-1, or wherever you are, if you're here, you're important. I would hope so. What you do is important, or at least it's supposed to be. I'd like to see something pulled together so that when we come back, everybody's on the same playing field. Yes, sir. Council Member Gordon. Thank you, Mayor. Joe, for me, the operative question is did they request leave and were denied it? Okay, so if I could ask Rama and Mary Pfister the same question about the Synergy Group. How many of these folks requested leave and were denied it, or were they told they could not ask for leave? I can tell you that everybody that would be subject in my divisions either were denied or knew that they could not request it because the timeline wouldn't allow for it. But my question was were they told they could not request it, or were they denied? I did not specifically tell people they could not request it, but I did have staff, pretty much everybody on the list gave me requests for vacation, and I said denied and handed them back to them, and we would have those forms. We were literally denied vacations because of this. And the thinking was that, was the thinking for the Synergy Group that the government had a deadline and we had to meet the deadline, we couldn't push the deadline? Well, I think, Linda, part of the thing that I think was an issue that differentiates this team from what happened with, say, streets and roads or other areas in government is, you know, we were supposed to go live early in the summer, and it was prolonged and prolonged and prolonged. And I think that's what makes it a little different is that we had vacation time scheduled. We had planned, you know, in January I had met with my team and said, everybody needs to make sure they get their time in these time frames because we won't be able to do it afterwards. Well, then the date kept getting rolled back to where they couldn't do it afterwards, you know, they couldn't make the vacations happen before December 31st. And I think that's a little different than perhaps what happened in other divisions. Thank you very much. Thank you. Vice Mayor Gray. I guess this is probably, I guess we're all a little bit confused and frustrated about this, as are the employees and I'm sure the administration. It just seems really awkward to me that we would be addressing an issue as significant as this in this way. Is there some suggestion, you know, earlier in the conversations we talked about the management issues associated with overtime with 9-1-1 and that this had been ongoing for several years. So in a sense this had become the policy or the protocol. You know, my point is it's just very awkward trying to deal with an issue this significant on the fly. And, you know, yeah, we've got a break coming up, but if we need to talk about something this significant, you know, I'm certainly willing to meet to talk about it. And that's, at this point in time, I guess that's all I've got to say because of Council Member Myers. Thank you, Mayor. I just want to start by saying I'm not confused and I'm not frustrated. I made a motion earlier today to deal with this exact issue, and that was to try to get all those who were denied the ability to come back to work. And we were told not to do that, and now we see what's happening, people coming out of the woodwork. So what happens tomorrow when the rest of the employees come back to work and they didn't have somebody that was available to come down here and intervene on their behalf? And so we've got two divisions or departments in government that receive relief and all the rest of them didn't. So we're going to have to work on the prevailing side and make that motion. And I think that we've heard that we do have paperwork that would substantiate when people were not allowed to take off when they wanted to take off. So I'm going to support this motion that I made, but I certainly hope that one of my colleagues would either amend this again or vote for this and then do another motion to just go ahead and take care of all the employees that are going to lose time because they were dedicated enough employees to do the job. And I think, as Mr. Kelly said and as Councilman Beard said, every employee here is essential or they shouldn't be here. And I don't think we should look at it by department and say, if you do this type of work, you get the relief. If you do this type of work, you don't get the relief. So thank you. And I think that what Councilmember Gorton was speaking, something just rung true with me. And in my mind, it is a question of denial and whether or not employees were actually denied. And that's what I just keep going back to is not whether or not they just didn't do it, or it was whether or not they were actually told, no, you cannot take time, whether or not they had to be there for whatever reason, denied time that they should have, could have taken. And based on what I've been told all day long now, I feel like we've gone full circle back to what Councilmember Myers said. We're back to where we were at 4 o'clock today. It's just an issue of denial, and it just seems like the ordinance we have, at some point we're going to have to review, and it appears that even though what I'm about to do, we still may be setting some of these people up for failure just because they probably cannot take all the time that they're allowed in the first quarter. But I think that if they were denied, and there's documentation to prove it from what I'm hearing, from even what Ms. Pfister said, denied, denied, she physically wrote that on their request, and it seems to me pretty obvious. You say there's 200 people that you looked at, but you're not sure that those were all denials, that those were people that just have not taken their time. We don't even really know if they're denied. So I think the fair thing to do is to go ahead and make a motion that people who have documentation that they were denied time for whatever reason, that we extend this to the first quarter, and then I'll make that motion, and then I'll make a separate motion after I make, oh, okay. What's your motion? My motion was to replace Council Member Meyer's motion to make it government-wide. So I moved. Those who were denied with documentation. Second. All right. We have a motion to add, Council Member Meyer's motion was to add to the docket a new ordinance, number 28. That would be a duplicate of number 27, except it would apply to the Synergy Group. Replace it. Amend it. Would you accept a friendly amendment to? Sure. Can we do that? We have requested leave but have had it denied during calendar year 2009. And with documentation that it's been denied by a supervisor. With documentation that's been denied prior to today or prior to December 31st? Prior to today. All right. Now the question before the Council is do you wish to add that ordinance number 28 to the docket? Are we ready to vote? Council Member Martin. First of all, was Council Member Crosby's motion seconded? How administratively difficult will it be to figure out who was denied and who wasn't? Hopefully not too difficult. If documentation has been maintained, then there should be a record within each of the divisions, departments, of whether a vacation was denied. I'm willing to support this motion, but what I'm wondering is whether we want to just extend this as a blanket quarter to all the employees to the end of the first quarter to make it to lessen the administrative burden of figuring out who these folks are and to give them an opportunity to use up their vacation. Your point is a good one, because were they denied once? Were they denied twice? When were they denied? You know, were they denied every time? I just don't want to leave you with the impression that I know what the answer to that question is. If it was denied twice, then it was not a choice, that something happened either on their own accord. Many, I'm sure of you have at some time or other, had plans for vacation, but you on your own accord said I just can't leave right now because there's too much going on. I need to stay here. You didn't get to use your vacation, so I don't know. Mr. Kelly, I'm sorry. Can I just clarify, too, that we're only over the 168 hours? That's correct, yes. I spoke to you earlier about what the budget impact of something like this would be. I would have to defer to my colleagues, but my impression is that there should not be a cash impact, so to speak. If we're able to let them take the time off, then it's just like any other vacation request or time off request. So I don't anticipate that it's going to be a budget issue. I guess as a practical matter, not everybody is going to be able to do it. Probably not. Just for scheduling reasons and for maintaining staffing and services and things like that. Probably not. Of the employee group. Does Commissioner Rumpke have anything to shed on that? Just I think to reiterate what Mr. Kelly just said, it's really a productivity question versus a budgetary question. Obviously it's already in the budget, per se. So it's really a matter of having them off from a productivity standpoint is how we're thinking about it. No different in the next three months than they would have in this three months. In fact, maybe no different in the next three months than they would have had otherwise, because they still are accruing vacation and still carry over a fairly large number of hours. Is that correct? We're looking at recovering some of their vacation during 2010. It's not so much it's going to hit us in the next three months, it's just if they take a vacation they'll be able to have that count for something they maybe take in December or something like that. Mayor, I guess at this time I'd like to make a friendly motion that we extend this to all LFUGC employees to the end of the first quarter. No, your motion was to extend it to folks who had been denied. And my concern was that it's going to be an administrative did we or did we not. And, well, this is my motion, though, is to have a friendly amendment to just extend it to all LFUCG employees so that we can bypass administrative burden over having to conduct hearings or investigations about whether someone was or was not denied and we can just sort of get on with it. What it's going to mean is that they're going to be able to have a certain number of additional hours that they might be able to take as vacation during 2010, but it's certainly not going to guarantee that they get to do all that. Let's wait just a second here. We've got a proposed friendly amendment. So now the motion on the floor is to add to the docket an ordinance number 28 that would apply to all LFUCG employees with more than 168 hours that have until March 31st to use the. Thank you, Mayor. I'd like to see if we can get one more friendly amendment in there. And that was when I made the original motion. The other piece of it was that the director in that department would go to their commissioner and come back to the council with an action plan to ensure that to the extent possible, those employees would get that time taken in that first quarter. So it's off the books and we're not here again next year. All right. We've got a friendly amendment to that effect. All right. Now let's debate the motion to add that issue, that ordinance number 28 to the docket. I'm glad we amended this because there are some employees that were told not to ask for time off. So you can't go on the basis of whether or not they were actually officially denied because some are told don't even ask. So this will clear all that up. And those who are afraid to ask are told not to. Everyone will get the same opportunity at this point until we fix it up. We'll wait and deal with that later. Thank you, Mayor. Council Member Gordon. Who was told not to ask? I don't have any specifics, but I do know that during ice storms and other events, people do not ask for their vacation to be taken during that time. There are several times like that. You have a lot of events. We work overtime here. A lot of functions. So unless they have specific lists, there are several times when it's made a policy from a director, do not ask for vacation right now. I'm not sure I understand what you said to come through the records. Is there not a policy that when someone is denied vacation time, it goes in a file or a database? Is this not kept? I am confident that it is. But remember now we have, and maybe Linda is better suited to answer this or Rama, but with the new PeopleSoft system, if we don't do what is being suggested by Council Member Martin, it's going to be a, I had forgotten about that component. It would be far more difficult to manage. A lot of manual entry and bookkeeping, if you will, would be required. So there is not a system to keep track of who applies for vacation and is denied? My impression is there is. Yes, it's a manual system that's kept within the divisions and departments is my impression. And then who looks at that, the manual system? Directors. For the technical part of it. As Rama was saying, the directors and or the managers would both know about that. This is part of getting us into the 21st century here and getting us out of the three by five index card world. I guess what I'm asking about is policy. Somewhere in government, maybe there is, that this particular person in a division must keep track of who they've denied vacation time. So it's just kind of haphazard. If the employee keeps it, that's where it's kept? You ask and it's either approved or not. And then the request goes in and your supervisor or manager at that point looks at it. And then you either get an approval of the vacation or they probably say your vacation is denied for this reason. So I think there is a form that they fill out when that's done. But to Kevin's point, if I may speak to that, Council Member Kevins, we had a blackout month for Project Synergy. October, for example, we couldn't have people taken off. So that was kind of telegraphed in advance to them. So we do have those circumstances where we told them that we expect them to be there at that point. I don't think we've answered your question, so I'm going to try to answer it. Is there a policy? I don't have a policy right off the top of my head yet. Start to finish. I know a lot of it already. But it's my understanding that there is not a policy. It is our procedures across urban county government to do what Rama and Joe have just described. And I'm wondering if any supervisor, a director, commissioner, whoever signs that approval denial. Again, I apologize, I can't comment because I haven't been here long enough to know. But I'm sure that there's probably different ways of keeping, you know, some may keep it in a notebook, some may keep it in a file. I think that's where we have an opportunity from a leadership standpoint to establish, tighten that up. And so as Joe said, now in this century from a technology standpoint, gosh, wouldn't it be great to have something like this automated. So obviously that's what we'll be looking for. I appreciate that. And then Council Member Myers, if I could ask you, your amendment to the amendment to the ordinance says, did I understand it to say that directors and commissioners will work to ensure that employees take it before March 31st? A little more specific than that. I want an action plan so that we've got a plan written out that looks at a calendar that says we're going to try to schedule it in this manner so that people have the best opportunity to take the time off. So how do you? Yeah, each director would be responsible for their own group. Thank you, Mayor. Council Member Myers. I'm done. I'm going to support this plan, and I'm going to support this amendments to amendments to amendments. But I also think that we really do need, I share frustration that we're at the end of the last meeting before we go on Council break. And this was brought to light by way of an e-mail that went out to a certain set of employees last week. And I understand by accident or something. But I'd like, when we get back, to consider getting updates on how these things are going from the different divisions on an ongoing basis. And I think it's their action plan, what's going on, so that we're not hit at the last minute before Santa Claus comes. Thank you. Council Member Martin. Thank you, Mayor. I just want to say a couple of things. One is I appreciate Mr. Kelly and the Administration sort of pushing to make this an employee-wide policy. Reading the paper tomorrow, there would be a lot of employees who didn't, were in the know and might not have made it here, who might not have been aware of this, who would be very put out, I think, if we hadn't done this. But I also think that this is also sort of a good faith gesture on behalf of this Council. I mean, we're looking for some pain in the next six months. This is going to be a difficult six months and everything. And I think this is a chance for us to tell the employees that we're behind them to the extent we can. We're going to be with them. But we're all going to have to share some hardship over the next six months in order to balance this budget. And I think it's a good faith gesture on our part to try to help them take the vacation that they are entitled to under their contracts. Obviously, we can't extend it out forever. But to try to help them try to do that within reason to the extent we can. So I'm going to support this motion and I just appreciate Mr. Kelly talking out in favor of this, both this afternoon, but also tonight as well. Thank you, Mayor. Council Member Henson. I'm glad that it's gone. Originally I was going to do government-wide, but then I do believe there's a big difference, though, between E911. There is 365 days a year, 24-7. Someone has to be there. But I'm really concerned that we're working our employees too hard. If they can't take some time off, then there's, you know, and I know that personnel cost is probably, well, is our biggest expense. So, you know, if they can't take off, we don't have enough employees, or maybe we're not being efficient, but it definitely needs to be looked at when we come back from break. So thank you. The motion before the council, then, is to add ordinance number 28 to the agenda for first reading. Any discussion? All in favor, please say aye. Opposed, no. Thank you. Ordinance number 28 for first reading, and ordinance notwithstanding, Section 2133A of the Code of Ordinances, providing that all employees may carry over accumulated vacation leave in excess of 168 hours at the end of calendar year 2009, providing that these employees shall have their accumulated vacation hours reduced to 168 hours on March 31, 2010, and that any employment with the Lexington-Fayette-Urban County Government prior to March 31, 2010 shall be paid pursuant to Section 2133E of the Code of Ordinances for no more than 168 hours plus any hours accumulated for service during the calendar year of 2010, and requiring that all directors develop an action plan to allow employees to use excess time before the March 31, 2010 deadline. Council Member Crosby. I have a motion by Council Member Crosby and a second by Council Member Myers to suspend the rules to give number 28 second reading. All in favor, please say aye. Opposed, no. Motion carries. Thank you. Do I hear a second? I have a motion by Council Member Crosby and a second by Council Member Martin to approve Ordinance Number 28. Any further discussion? All in favor, then, please indicate by voting aye electronically. Those opposed, vote nay electronically. Any discussion? Thank you. That Ordinance is approved. All in favor, please say aye. Opposed, no. Motion carries.