If we could, and the first item on tonight's agenda is, as usual, the roll call. So, Madam Clerk. Ms. James. Here. Mr. Lane. Here. Ms. Lawless. Here. Mr. Martin. Here. Mr. McCord. Here. Mr. Myers. Here. Mr. Stennett. Here. Mr. Beard. Present. Mr. Blues. Here. Ms. Crosby. Here. Mr. Ellinger. Here. And Ms. Henson. Here. Thank you. We have a quorum, so we'll proceed. Our invocation tonight is being given by Reverend Kate West, who is the resident chaplain at St. Joseph's Hospital, if you'll please stand. Let's take a moment to go before. To the ever-present one, we give thanks for this place and time together as a community. As we begin the work that is before us now, we ask that you open our ears to hear, our minds to comprehend, and our hearts to feel and understand each other. When disagreement occurs, help us remember what it means to be neighborly. Illuminate to us and in us pathways that bring people together instead of divide. Add this meeting and those a part of it to strive to be better neighbors and citizens. Help Lexington grow into the best possible city and strive to serve those within its bounds. Continue to bless this community with the resources it needs and the compassion to discern how to better serve. It is all these things and more that we humbly ask for now and forevermore. Amen and amen. Thank you. Council Member Crosby, I think you've got a presentation. Thank you, Mayor and members of the council. It is truly a privilege to be before you tonight to recognize some very special young ladies from our community. Tonight we have with us the Dance Attack competition team through Parks and Rec. There are over 70 dancers who compete within this program and tonight you see we have a select few here. Recently they, oh and I wanted to mention too, as part of the Kitty Capers program there's over 750 kids from our community who participate in the dance program and I'll just put a little plug in, it's a money maker for Fayette County government. So this is a wonderful program and I would encourage you all if you ever have a chance to go watch any of their performances, they are truly outstanding and very talented. Which brings me to the young ladies who are here tonight. They recently competed in a national competition and in order to be able to compete in this competition they had to compete in Louisville, Kentucky and I can tell you that all the teams did extremely well in Louisville and they were given the opportunity to go to Gatlinburg, Tennessee to compete in nationals and that was held back in July from the 7th to 11th and we had so many people and dances who placed and I'm going to go through them all and because they are so talented they won a lot of awards. So if you all would just bear with me for one second, I'll go through all the awards they won. I think we have a video of the best overall, top place during the competition and I believe the girls are here with us tonight and I'm going to invite up the director of the program Ms. Mindy Stone to maybe fill you in a little bit more and also introduce the girls and let them have their picture made with the mayor. So that's probably why they're all really here. Anyway their awards were, all the dances that they did received high gold awards. There was a second place trio overall for White Horse, third place overall trio for a routine called It's All About Me, third place overall small group junior division Crazy Little Thing Called Love, second and third place overall junior division large group went to the Purple Team, second top overall dance in the teen division went to the Silver Team, heat wave award was Welcome to Miami and then the first place overall small group award was Shake Your Groove Thing. The first place overall teen division large group was Welcome to Miami which was the Silver Team and the biggest award was the first place overall for Best of the Best. So we have the best of the best with us here tonight and that was Shake Your Groove Thing and I think that's what we're going to go ahead and watch and I hope you all enjoy it. We've got the rhythm tonight, we're the best of, we're the best of, our shadows flash in the night, twist and turn it, we keep burning, shake it high, shake it low, we take our bodies where they want to go, feel that beat, never stop, hold me tight, make it like I'm talking, shake your groove thing, shake your groove thing, hey yeah, show them how we do it now, shake your groove thing, shake your groove thing, hey yeah, show them how we do it now, there's nothing more that I'd like to do, let's take a bow and dance, keep dancing, let's keep dancing, shake it, shake it, shake it, shake it, move it loose, from heart to heart, we put in motion every single thought, monkey sound, walk to walk, we're moving through this, dancing on some fire, shake your groove thing, shake your groove thing, hey yeah. I don't know about my fellow council members but I was tapping my toe and moving and then I decided that I probably wouldn't look as cute as these girls doing that song. So anyway, I will bring up Miss Mindy Stone and have her maybe make a few more comments and then we'll bring the girls forward and ask the mayor to join us please. Thank you. Thank you for having us. Our program through Kitty Capers, we offer classes in three locations in Lexington. Like Miss Crosby said, we have over 750 students and we teach all types of different styles of dance, ballet, tap, jazz, hip hop, and we are an arts education program. We have two shows throughout the year, one that kind of concludes around the holiday time and then one at the Lexington Opera and we have four shows at the Lexington Opera House at the end of our season. So it's a very successful program and then we have our competitive dancers that are a division of that program and they travel to two competitions a year and we also do a lot of community events. We'll be involved with a lot of the Parks and Recreation events this year. Our first one coming up is the Thriller Parade and event downtown. So we like to get involved with the community as much as we can. I'm going to introduce the girls and I'm going to start off with our purple team and we're going to have Lexi Glazer, Kiersten Payton, Kaitlyn Burke, Bailey Hunsucker, Maddie Digby, Courtney Dowd, Kaitlyn Day, and Leanne Gettler-Janes. And then our silver team, which is our middle school to high school team, is Jordan Scholl, Emily Holdren, Erin Durham, Jacey Darling, Savannah Adams, Emily Malik, Karina Dowd, and Tori Fields. Hello. Hello. Very good. Thank you. Thank you, buddy. Thank you. Council Member Stennett wanted me to tell you that since you had your picture made, you have to stay for the duration of the meeting tonight. I'm just teasing about that. We'd be delighted to have you stay as long as you'd like, but if you need to go, we'll certainly understand. Thank you for joining us this evening. Madam Clerk, if you'll give second reading to the ordinances entitled to second reading. Excuse me. Council Member Myers. Thank you, Mayor. I move to amend the agenda to include a report out from the Special Investigative Committee. I have a motion by Council Member Myers and a second by Council Member Crosby to amend the agenda by adding the report of the Special Investigative Committee. How about if we do that just before announcements? Sure. All right. We'll amend the docket in that fashion. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Now, Madam Clerk. Ordinance number one, an ordinance closing the service road, Hiltonia Park frontage road at Nicholsville Road and Hiltonia Park, determining that all property owners abutting the service road to be closed have been identified, provided with written notice of the proposed closing and consented thereto in writing, and authorizing and directing the Mayor on behalf of the Urban County Government to execute a quick claim D, transferring the former right-of-way to the abutting owners subject to the reservation of easements for access and maintenance of existing utilities in the former right-of-way. Number two, an ordinance submitting certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, schedule number 37. And number three, an ordinance authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with Blue Grass Community Foundation for construction of the Flight 5191 Memorial at the Arboretum at a cost not to exceed $25,000 in appropriating and reappropriating funds pursuant to schedule number 40. The floor is open for a motion to approve those ordinances. I have a motion by Councilmember Ellinger and a second by Councilmember Feigl to approve those ordinances. Any discussion? All in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stinnett? Aye. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Madam Clerk, if you'll give first reading to the ordinances entitled to first reading. Ordinance number four, an ordinance amending section 2127B of the Code of Ordinances to provide that employees in the Division of Enterprise Solutions shall receive standby pay for any pay period during which said employee is required to be on 24-hour standby status for the emergency servicing of computer equipment and appropriating funds pursuant to Schedule number 36. Number five, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept an amended grant award from the Kentucky Division for Air Quality which grant funds are in the increased amount of $204,947 federal funds are for the retrofit of refuse haulers, the acceptance of which does not obligate the Urban County Government for the expenditure of funds appropriating funds pursuant to Schedule number 39 and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number six, an ordinance amending section 18-65.1C of the Code of Ordinances relating to parking meters to allow for signage for no parking tow zones and creating section 18-65.1D of the Code of Ordinances to authorize towing of vehicles parked at a meter or other designated paid parking spaces that have been covered with a bag or posted as restricted parking by authorization of the Lexington and Fayette County Parking Authority or the Division of Police. And number seven, an ordinance amending section 22-5-2 of the Code of Ordinances creating one temporary position of Administrative Specialist Principal Grade 114E and three positions of Administrative Specialist Grade 110N ending two years from the effective date of passage of this ordinance within the Division of Water Quality. Thank you. Council Member Stennett. Thank you, Mayor. All the Council Members received copies of the budget amendments and since we do not have any work sessions, we need to get at least one reading during the month of September on the budget amendments so we can have two during this month. So I'll move to place on tonight's docket an ordinance amending certain budgets of the Lexington and Fayette County Government to reflect current requirements for municipal expenditures in appropriating and reappropriating funds, Schedule No. 0038. Second. Is there any discussion? Council Member James. Thank you, Mayor. Council Member Stennett, on one of the budget amendments, it's Journal 46-156, which is on page three at the bottom. It has to do with CDBG funds and I just wondered if there's any legal requirement to have a public hearing since we usually have public hearings about CDBG funds and this would be moving from one project to another. I think Commissioner Rumpke can answer that question. As you're coming up, I know that Council reviews CDBG, we approve a list, we go through a whole process of allocating those funds to certain projects and it looks like this is moving some funds from one to the other. Does there not need to be a public hearing about that? And forgive me, are we looking at the one on the home? It's 46-156, Journal No. 156. Thank you. It's page three. The answer is no, we don't. We have the ability within the consolidated plan to shift those funds from one use to the other. It's actually being used on the same project and what happened on this just very quickly is that a previous program, the financing review actually ended up being more expensive and that took funds away from the balance of this program. So because it's under the same umbrella, and I'm probably not doing a good job like Irene would explain this, because it was under the same umbrella and the same purpose as far as the project itself, we would not have to have another public hearing because it was still part of the overall consolidated plan that did have a public hearing. Okay. So it doesn't eliminate the ability to rehab a particular home. It just adds the same home as being able to be rehabbed. It's just a transference of money. That is my understanding. Okay. If it's any different, will you let me know? I absolutely will. Thank you. Thank you. Thank you, Mayor. Any further discussion on the motion to add that item to the docket, the budget amendments? Seeing none, all in favor of adding that item, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, if you'll give first reading. Ordinance number 8, 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 number 38. Thank you. Council Member Blues. Mayor, I have another ordinance to bring to the docket. I move to place on the docket under first reading ordinances an ordinance amending Chapter 18A of the Code of Ordinances to create a temporary taxicab permit to aid with transportation during the World Equestrian Games and other special events. So moved. Second. I have a motion by Council Member Blues and a second by Council Member Henson to add that item to the docket for first reading. Any discussion? All in favor, say aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 9, an ordinance amending Section 18A-1 of the Code of Ordinances related to vehicles for hire, creating a definition for temporary permit and creating Section 18A-14.1 establishing the requirements for applying for a temporary permit. Thank you. Council Member Blues. Mayor, because this is a time-sensitive ordinance related to the World Equestrian Games, I move to suspend the rules in order to give a second reading. Second. I have a motion by Council Member Blues and a second by Council Member Beard to suspend the rules for purposes of giving a second reading to ordinance number 9. Any discussion? All in favor, please say aye. Aye. Opposed, no. Motion carries. Madam Clerk. Ordinance number 9 for second reading, an ordinance amending Section 18A-1 of the Code of Ordinances related to vehicles for hire, creating a definition for temporary permit and creating Section 18A-14.1 establishing the requirements for applying for a temporary permit. Thank you. Is there a motion to approve ordinance number 9? I have a motion by Council Member Blues, second by Council Member Myers to approve ordinance number 9. Any discussion? Seeing none, we'll proceed to vote. Those in favor of approving ordinance number 9, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Mr. Stennett. Yes. Ms. Cruz. Yes. Ms. Crosby. Yes. Mr. Ellinger. Yes. Ms. Feigl. Yes. Ms. Gorton. Aye. Mr. Gray. Yes. And Ms. Henson. Yes. Thank you. Council Member James. I had a question about one of the ordinances for first reading before we move forward. Is this okay to ask now? Yes. Ordinance number four has to do with the standby pay for Enterprise Solutions. It might not be specifically for Enterprise Solutions. My question has to do with do all divisions of government have this for their employees that are on standby? I know that there are people that carry pagers for different divisions of government. If the alarm goes off at the treatment plant or something like that. I'm not sure about the other divisions. Computer services as a division does have standby, and there is only a certain amount of people on standby. Okay. Thank you. Is there anybody that could answer whether there are other divisions that would be subject to this, that we might see something come forward? The other divisions were all in place. When it was established, this wasn't put in place. Then we realized that every two weeks you got payroll and all that, and we needed folks on standby no matter where they are to VPN in and troubleshoot issues if we needed. Okay. Thank you. Do you know if there are other divisions that are lacking or that need to be caught up to this policy? I'm not aware of any other ones. I think this was the only one. And I'm sorry that I can't recite which divisions have those, but we were trying to provide some consistency across government. Okay. But you know that there's not, you know there's probably not another area that's lacking. That's my understanding right now. Okay. All right. Thank you. But I will research that. Okay. Thanks. Thanks, Mayor. Council Member Wallace. I had had a question about that, too. I would be interested in knowing what the, and you don't have to tell me tonight, but between now and when we vote on it, what kind of compensation they get for the standby on call? If there's nothing further, we'll proceed to our resolutions. Madam Clerk, if you'll give second reading to the resolutions entitled to second reading. Resolution number one, a resolution accepting the bid of Gooch Construction Company, Incorporated, in the amount of $94,422 for a 1036 Della Drive pipe rerouting project for the divisions of water, quality, and engineering, and authorizing the mayor on behalf of the Urban County Government to execute an agreement with Gooch Construction Company, Incorporated, related to the bid. Number two, a resolution authorizing the mayor on behalf of the Urban County Government to change order number one to the contract with BCD, Incorporated, final for the LFU CG MRF renovation project, increasing the contract price by the sum of $30,746.15 from $419,500.01 to $450,246.16. Number three, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute modifications to agreements with the Kentucky Department of Military Affairs, Division of Emergency Management, for extension of the agreements for funds for the Chemical Stockpile Emergency Preparedness Program for FY2007, 2008, 2009, and 2010 through December 31, 2010, for FY2007 and 2008, September 30, 2010, for FY2009, and September 30, 2011, for FY2010 at no cost to the Urban County Government. Number four, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Blue Grass Paternal Order of Police Lodge for $625 for the office of the Urban County Council at a cost not to exceed the sum stated. And number five, a resolution approving the Fayette County Sheriff's Settlement 2009 taxes for taxes collected as of April 30, 2010 and granting the sheriff a quietus. Thank you. Is there a motion to approve those resolutions? I have a motion by Council Member Gorton and a second by Council Member Henson to approve the resolutions receiving second reading. Any discussion? Seeing none, we'll vote. Those in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. And Ms. Henson? Yes. Thank you. Thank you. Those resolutions are approved. We're now ready for the resolutions entitled to first reading. Madam Clerk. Resolution No. 6, a resolution ratifying the Department of Law's execution on behalf of the Urban County Government of a settlement agreement, stipulation and recommendation, and any other necessary documents in Public Service Commission Case No. 2010-00204 pertaining to the transfer of control of Kentucky Utilities Company. No. 7, a resolution authorizing the Avon Golf Course to remain open until November 30, 2010. No. 8, a resolution approving the Citizen's Advocate Professional Standards and Citizen's Advocate Policy and Procedures Manual. No. 9, a resolution temporarily appointing Paula Campbell to the interim position of Acting Citizen's Advocate effective upon date of passage of this resolution and continuing until a permanent appointment is made and approving a 10 percent salary increase. No. 10, a resolution rescinding Resolution No. 168-2010 accepting the bid of ZKB Construction Services LLC in the amount of $100,000 for the installation and construction of sidewalk ramps for the Division of Engineering and authorizing the Mayor on behalf of the Urban County Government to execute an agreement with ZKB Construction Services LLC related to the bid. No. 11, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order No. 1 to the contract with Launch Construction LLC for increased quantities of materials for the West Hickman Trail project increasing the contract price by the sum of $69,737.70 from $407,605.70 to $477,343.40. No. 12, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a memorandum of agreement with the World Games 2010 Foundation Incorporated for products and services for the 2010 World Equestrian Games. No. 13, a resolution approving and adopting guidelines for the Community Energy Retrofit Program authorizing Blue Grass Pride to issue a funding opportunity announcement to accept applications and to select recipients and authorizing the Mayor on behalf of the Urban County Government to execute agreements with successful applicants. No. 14, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with Blue Grass Pride Incorporated for additional energy efficiency and conservation block grant funds in the amount of $57,000 for the purchase of educational materials and supplies, costs of travel and program management and the purchase and installation of LED exit signs for the Community Energy Awareness Program. No. 15, a resolution amending Section 2 of the Resolution No. 282-2010 which authorized the Mayor on behalf of the Urban County Government to execute agreements with various organizations decreasing the allocation to Blue Grass Community Foundation Incorporated from $2,785 to $2,004 for the office of the Urban County Council. No. 16, a resolution authorizing the Mayor on behalf of the Urban County Government to execute additional software license agreement with New World Systems for mobiles, units, software at a cost not to exceed $4,246. No. 17, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Addendums 1 and 2 to the Pole Attachment Agreement with Kentucky Utilities to attach radio nodes to utility poles. No. 18, a resolution changing the street name of Hilo Street to Derman Drive in memory of the late Officer Brian J. Derman, effective 30 days from passage. No. 19, a resolution authorizing the Mayor on behalf of the Urban County Government to accept a donation from the Kentucky Division of Emergency Management for four moulage kits, $1,754.08, two Rescue Randy mannequins, $2,697.52, and 29 boxes of wristbands, $1,943.00 for use by the Division of Emergency Management 911 at no cost to the Urban County Government. No. 20, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an extension to the Administrative Services Agreement with IMED Vision Care for group vision care insurance covering active Urban County Government employees for the period beginning January 1, 2011, through December 31, 2011, at no cost to the government. 21, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an extension to the Administrative Services Contract with Delta Dental Plan of Kentucky, Incorporated for administration of dental insurance plans for Premier and PPO covering active Urban County Government employees for the period January 1, 2011, to December 31, 2011. 22, a resolution authorizing the Mayor on behalf of the Urban County Government to execute extensions to the claim payment agreements for platinum PPO, gold PPO, and silver HDHP with Humana Insurance Company for the administration of health care claims for the period January 1, 2011, through December 31, 2011. No. 23, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with Columbia Gas of Kentucky for increased labor and materials for the relocation of utilities for the Clay's Mill Road Improvement Project increasing the contract price by the sum of $87,535.70 from $485,913 to $573,448.70. And No. 24, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Fraternal Order of Police, Blue Grass Lodge 4, Incorporated, $250 and Firebrook Estates Owners Association, Incorporated, $1,000 for the office of the Urban County Council at a cost not to exceed the sum stated. Thank you. Council Member Mark. Thank you, Mayor. I move to place on the docket for the September 9, 2010, Council meeting under first reading of resolutions a resolution approving an agreement with the Internal Revenue Service. Mayor, this is an agreement that expires September 30, 2010, and after that date the Division of Police will have to pay expenses we incur until this agreement is ratified. So moved. I have a motion by Council Member Martin and a second by Council Member Feigl. Any discussion? All in favor of adding that item to the docket this evening, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Resolution No. 25, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an agreement with the Internal Revenue Service for reimbursement of joint operations. Thank you. Council Member Henson. Thank you, Mayor. I've got two items that I'd like to move to place on the docket. First item, I move to place on the docket under first reading of resolutions a personnel resolution ratifying probationary sworn appointments in the Division of Police. I have a motion by Council Member Henson, second by Council Member Gordon. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk. Resolution No. 26, a resolution ratifying the probationary sworn appointments of Harold Faulkner, police lieutenant, grade 317E, $3,025.15 biweekly in the Division of Police, effective August 30, 2010. John Huddleston, police sergeant, grade 315N, $28.588 hourly in the Division of Police, effective August 30, 2010. Thank you. Council Member Henson. I move to place on the docket under first reading of resolutions a personnel resolution ratifying an unclassified civil service appointment, ratifying probationary civil service appointments, and ratifying permanent civil service appointments in various divisions of the government, and ratifying probationary community correction officer appointments. I have a motion by Council Member Henson and a second by Council Member Gordon to add that item to tonight's docket. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk. Resolution No. 27, a resolution ratifying the probationary civil service appointments of Thomas D'Andrea, Enterprise Systems Developer Senior, grade 118E, $2,039.77 biweekly in the Division of Enterprise Solutions, effective September 27, 2010. Deborah Miller, telecommunicator, grade 111N, $16.977 hourly in the Division of Emergency Management, 9-1-1, effective October 25, 2010. Ratifying the permanent civil service appointments of Christopher Dursch, GIS Programmer Analyst, grade 117E in the Division of Computer Services, effective August 23, 2010. Robert Thomas, custodial worker, grade 102N in the Division of Facilities and Fleet Management, effective August 22, 2010. Ratifying the probationary community corrections officer appointments of Dennis Barrows, Davion Benjamin, Charles Bradburn, Brian Brookshire, David Brumfield, Robin Carr, Terica Kaysen, Jamaica Charters, Harvey Coyd, Stacey Cochran, Frederick Cotton, Michael Dixon, Sherlonda Dixon, Christopher Foote, Andre Andrew Frederick, Michelle Gentry, Sarah Girardi, Robert Graff, Eric Hidenright, Kirk Hoffman, Douglas Jackson, Rhonda Kimley, Carolyn Kimley, Angela Martin, Beth Miller, Andrea Miller, Jeff Melton, Jason Payton, Joshua Puckett, Mia Rhee, John Ruhm, Ron Robinson, Paula Rowe, Eric Rumpler, John Rutkiewicz, Don Salsi, Gregory Stewart, Clayton Stocker, Adam Tuska, Aaron Wagner, Peter Williams, Roger Williams, James York, Ryan Castile, Michael Coleman Jr., Fannie Cooley, David Dillon, Kelly B, Michael Harris, Chad May, Ryan Morrison, Betty Murray, Cassie Peters, Yatiba Wattenberger, Community Corrections Officer Grade 110N, 14.34 hourly in the Division of Community Corrections, effective September 7, 2010, approving the unclassified civil service appointment of Robert Sebring, skilled trades worker, part-time Grade 000N, 20.769 hourly in the Division of Community Corrections, effective September 10, 2010. Does that complete the resolution? As far as I understand. Okay. Thank you. Council Member Gordon. I move to place on tonight's docket a resolution accepting the bid of Proforma Bluegrass Advertising Specialties, establishing a price contract for promotional magnets for the Division of Waste Management. I have a motion that Council Member Gordon, seconded by Council Member Myers to add that item to the docket for tonight. Any discussion? All in favor, please say aye. Aye. Opposed, no. The motion carries. Madam Clerk. I'm going to have to ask you to tell me who made the motion again. Gordon and Council Member Gordon. Council Member Myers seconded. Thank you. Number 28. A resolution accepting the bids of Ore Safety Corporation and Bluegrass Uniforms Incorporated, establishing price contracts for breathing apparatus for the Division of Fire and Emergency Services. Actually. Is that not the right one? It was the promotional magnets bid. It was the magnet one? Yes. I thought those were both on the same motion. Sorry about that. This is kind of confusing tonight because there's so many walk-ons. Number 29. A resolution accepting the bid of Proforma Bluegrass Advertising Specialties, establishing a price contract for promotional magnets for the Division of Waste Management. Thank you. I move to place on tonight's docket a resolution accepting the bids of Ore Safety Corporation and Bluegrass Uniforms Inc., establishing price contracts for breathing apparatus for the Division of Fire and Emergency Services. I have a motion by Council Member Gordon and a second by Council Member Henson. Any discussion? All in favor of adding that item to the docket, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk. Number 29, a resolution accepting the bids of Ore Safety Corporation and Bluegrass Uniforms Incorporated, establishing price contracts for breathing apparatus for the Division of Fire and Emergency Services. Okay. Council Member Henson. Thank you, Mayor. I wanted to ask to suspend the rules and give second reading to items. Is it too early? If you can hold on for just a moment, we've got a few more I think we need to get on the docket. Oh, okay. I'm sorry. No problem. I move to place on the docket under first reading resolutions, a resolution authorizing the mayor to execute an agreement with Kroger Limited Partnerships for flu vaccination for urban county government employees. So moved. Sounds like we may need that one quick. Any discussion on the motion? That's a motion by Council Member Blues and a second by Council Member Gordon. Any discussion? All in favor of adding that item to the docket, please indicate by saying aye. Opposed, no. The motion carries. Madam Clerk, if you would give first reading. Resolution number 30, a resolution authorizing the mayor on behalf of the urban county government to execute a contract with Kroger Limited Partnership 1 to supply influenza vaccine and administer vaccinations to Lexington-Fayette-Urban County government employees at a cost of $18 per employee for $1,000 per employee. For less than 1,000 employees at a cost not to exceed $43,350. Council Member Blues. Thank you, Mayor. One more. I move to place on the docket for the September 9, 2010 Council meeting under first reading of resolutions, a resolution approving agreements with the Drug Enforcement Administration. So moved. I have a motion by Council Member Blues, second by Council Member Gordon to add that item to tonight's docket. Any discussion? All in favor say aye. Opposed, no. The motion carries. Madam Clerk. Resolution number 31, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Kroger Limited Partnership. an agreement with the Drug Enforcement Administration for continuation of the state and local task force. Thank you. Council Member McCord. Thank you, Mayor. I have two motions to walk on. The first is that I move to place on tonight's docket a resolution accepting the bid of Tennis Technology Incorporated in the amount of $113,653 for tennis court repair and color coat for the Division of Parks and Recreation. So moved. I heard several seconds. I'm not sure who they were. Okay. Council Member McCord has moved to add that item to the docket. Council Member Lawless has seconded the motion. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk. Number 32. A resolution accepting the bid of Tennis Technology Incorporated in the amount of $113,653 for tennis court repair and color coat for the Division of Parks and Recreation. Council Member McCord. Thank you, Mayor. I have two motions to walk on. The first is that I move to place on tonight's docket a resolution accepting the bid of Tennis Technology Incorporated in the amount of $113,653 for tennis court repair and color coat for the Division of Parks and Recreation. So moved. I have a motion that Council Member McCord second with Council Member Henson to add that item to the docket. Any discussion? All in favor, please say aye. Opposed, no. Motion carries. Madam Clerk. All in favor, please say aye. Opposed, no. Motion carries. All right. Any other items to be added to the docket? Council Member Lane. Thank you, Mayor. I move to place on the docket a resolution postponing any final action by the Urban County Council on the Special Investigative Committee's final report until interested parties have had their say. I would like to take an opportunity to submit their written comments on the report and to appear before the Council to make additional comments and answer questions from the Council. So moved. I have a second to Council Member Lane's motion by Council Member Feigl. Any discussion on that motion? All in favor of adding it to the docket? Okay. Council Member Wallace. I'm unclear what your, could you read that again? I move to place on the docket a resolution postponing any final action by the Urban County Council on the Special Investigative Committee's final report until interested parties have had their say. I would like to take an opportunity to submit their written comments on the report and to appear before the Council to make additional comments and answer questions from the Council. Motion on the floor is whether or not to add that item to tonight's agenda. Mayor, I might add that in the full resolution, the proposal is to have these people appear on September 28th at the work session. Anybody that's interested and to submit their information to the Council Thursday prior to that meeting. And, you know, if people would like to know why I made this motion, I'd be happy to address it. If anybody wants to speak to it, I'd be happy to. Council Member Wallace, anything further? I'm unclear still since everybody did have an opportunity to speak to the committee and had an opportunity to submit any kind of written response and all that's in the Council Clerk's office. It would seem redundant and also be after the official deadline of the work of the committee. So I remain confused. Thank you. Council Member Ellinger. Thank you, Mayor. My question was answered when he referred to Section 1 because I wanted to know how long they had to respond because I didn't want to leave it open-ended. But it looks like the 23rd and the 28th are going to be the deadlines. Is that correct? Thank you. Council Member Myers. I guess, Council Member Lane, you said that you'd be willing to answer questions as to why you made this motion. And I guess my question would be that the Council put together a committee to investigate these matters. And I guess what you're doing is trumping the committee's ability to make recommendations to the Council to adopt the recommendations of the report. So I guess I would ask that, I would ask you, since everybody had an opportunity to speak to us that wished to speak to us, and the committee completed its work, why would you want to hold that up to have people come in and speak to us? Okay. My first thought is that the Internal Audit Board and the State Auditor, when they do a report, they submit a copy of the report to the parties. There are individuals that are mentioned in the report and they have an opportunity to respond to that, to make corrections, or to agree with the report, or to have alternate ideas. So I feel that in fairness to all the people that were mentioned in that report, they should have an opportunity to address it. Also, to my knowledge, the Protective League of Cities, Collins and Company, Crowe-Shizik, you know, were not requested or invited to speak to us. They were invited to come before the committee and answer any questions. They were mentioned throughout the report and some very negative things were said about some of those companies. I feel like they would have the right to, you know, comment on the issue. I would also say that in today's paper, you were quoted, transparency in government is important to the public trust. And I feel that having these people come to the meeting and to, you know, answer any questions we have and to make their points is transparency that you request in the paper today. And I think it's fair to everybody that was mentioned in this report to have a chance to address the report. And we're not talking about any major delay, because we don't have any meetings next week. So it would be the week following that these people come before council. So that's my rationale. All right. I guess we'll take a vote. Any further discussion on the motion to add that to the docket? Council Member James and Council Member Feigl. Thank you, Mayor. I'm looking over the draft of the resolution here and just a bit, I'm a bit dumbfounded that we have a process where our council voted unanimously to elect a committee to do the work. And the report out is ready to occur. And then council can do whatever action they see fit. We are a legislative body. We have the ability to do that. And we're being asked to defer for, I don't understand that. I have trust and value in the council members that said as part of this investigative committee, I saw the work that they did. I saw how strenuous it was. I saw the efforts that they and their staff put into this. It would be inappropriate, I believe, to discount their work. I would like to support this motion. I would like the report out to happen. If someone, anyone at any time has an ability to report back on anything that the council does at any point. And they don't necessarily have to, it doesn't have to be done by resolution. We have public comment every Tuesday and every Thursday. And we have that podium used if someone feels like they need to say we don't have to roll out the red carpet for anyone here. It's an open forum. Thank you, Mayor. As a member of the committee, I don't think that this truncates the report out in any manner. But as a member of the committee, I will tell you that we did not hear from a number of the people that are mentioned in the final report. We did not have the opportunity to invite Kentucky League of Cities or some of these other folks to come. So there was a limitation to what we heard and who we heard from. So I don't have any problem with the motion. I don't think it stops anything from being reported out. But at the end of the day, there were a number of folks we didn't have the opportunity to interview that are mentioned in this report. Council Member Gordon. Thank you, Mayor. Mr. Lane, I'm wondering, since nothing, no motion has been made about the final report, if you would consider something a little different. This motion, your motion, is a resolution postponing any final action. And since there is no work session, which I believe is where a motion to accept the report would need to be made to put it on the docket, would you consider looking at the calendar, the next work session is September 21st, some sort of a resolution that would take into account the report as well as your desire for comments? I mean, you're postponing something that hasn't occurred yet. So it would be a way for us to move forward and recognize the work of the committee as well as to take any written comments. Council Member Gordon, I think I understand your point. I have no problem with doing a report out on it tonight. It was already published in the paper, and I think that would be fine. And then I would give council members who are not that familiar with the report a chance to review it, be in the public domain. The other parties that are mentioned in there would have a chance to read it. And then coming in on the 28th and commenting on it, if they so desire, I think would be reasonable. This should not delay, because I don't think, I think we would want to have a fair amount of time for people to evaluate and comment on it. So I don't see there being any delay whatsoever. On your resolution also, since tonight's a Thursday night and we just got it, and maybe on the 21st at work session, considering all these things is actually what I'm suggesting. Well, I still think this is a good motion. And the benefit of putting this on and voting on this tonight is then we would be able to give notice to all the parties that are mentioned in there. They would have the right to come before the council on the 28th. And it would also give them plenty of time to review it and prepare their own comments and come in. And I think also there are some inaccurate, there's inaccurate data in here, just in some of the things I reviewed. I've seen a few errors myself. You know, I think the benefit of having everybody look at it and review it and if there are some errors, we can correct those errors for the record. And it gets back again to Council Member Myers' comment in the paper today of having full transparency for the public's trust. And I feel that's really fair to ask for doing this on the 28th. So I do not feel like withdrawing my motion. Question on the floor is Council Member Lane's motion to add this to the docket. Council Member Feigl. Thank you, Mayor. As a member of the committee, I do believe that in the interest of transparency, that this really doesn't hurt our process. I don't see any reason why we shouldn't do it. It would have been included along with the report. I don't think it's going to change the outcome of our report at all. So I think just in the interest of fairness and in the interest of transparency, which is what we have maintained all the way through this process. And I think it's been a very good process. And so I think to take it one step further and add this additional level of transparency would be a good move. Thank you, Mayor. Just kind of curious, Council Member Lane, in the report, I know we all received it yesterday. It mentions the report out from the state auditor. When that report comes out, there are several things mentioned in the report that defers to the state auditor. Why didn't you include their report out as sort of the time leg to wait as well until we get that report before we take any final action? Well, now that you mention that, Council Member Smith, that's a very good idea. Because I feel like their report will be very beneficial, too. So I do not have a problem with adding that as an amendment, if you'd like to make that amendment. I mean, because the way I read this, this is postponing any final action. Postpone is accepting the report. I would amend that to include the state auditor's report. The only problem with that is we don't have a time frame for it. So your time frame in here would be in jeopardy if we don't have that report back. Well, we could still go ahead and do the, make the deadline the 28th for any other party mentioned in here. And then we could either modify this or we could wait and have another motion to wait until the state auditor releases their report, too. So I sort of concur with you. I actually worked on this at the last minute. I just received a copy of the final report today, and of course I read the article in the paper. And just reading through it, I saw a few things that looked to be inconsistent. And that was the airport board when the state auditor released their report and they gave the airport board a chance to read it, to comment on it, to make corrections and even make comment on the recommendations they made. And that is our standard practice for the internal audit board here in Durham County government, to submit the report to the parties that were evaluated and let them speak to it also. So I feel like this is consistent with what we should be doing anyway. I will make a formal motion right now to amend it, because we don't have a time frame. I don't want to jeopardize the time frame that you put forward. But I would like to see that, you know, the council consider that report prior to making any final actions. Okay. Well, I would support that. Thank you, Council Member Schneider. Council Member Wallace. who worked a lot of long, arduous, tedious hours, as well as the other members of the committee, and that the committee voted and signed 7-0 to accept this report. Our job was to report to the council by September 17th, I believe. So your resolution, I still don't understand it, but the council doesn't have to take any action. The committee is submitting the report, and that was our job. So if it doesn't do anything, certainly I'm all for these folks, if they want to come, inviting them to our council work session. And I'd like to amend it to include somebody else who was mentioned in this several times, Mr. Bruce Sully. Thank you. Council Member Meyers. Thank you, Mayor. I would say the comments that are made about transparency, actually our committee did operate in transparency, full transparency. And I think one of the differences, Mr. Lane, between what you're talking about with audit reports is that they are not done in the public eye. They are investigations that are done behind the scenes, and that's why they get a copy of that report to address anything. This was not an audit. This was a committee that investigated allegations of fraud and how those allegations were handled. That was all handled out publicly. We had one meeting that went into closed session for a time. Other than that, everything was done publicly. Everybody knew what we were doing the entire time that we were doing it. So, yes, I'm all for transparency, and we had exactly that, as other committee members have stated. Tonight, there wasn't, as another person on the committee stated, any final action that was going to take place tonight that you're trying to block anyway. Our task was, and we were given a deadline, to complete our work and submit our report to the council. We submitted the report a day early. Today I was just going to read out that we have officially submitted the report to the council and that the committee's work is done. Then I had some other things I wanted to talk about in terms of some of the legal aspects with the bill we have from our attorney and the lawsuit that's ongoing. So there was no final action to take place today that you're trying to block in the first place. So I welcome all those folks coming and having a chance to talk, particularly Mr. Salih, since he didn't come and talk to us. So I look very forward to that and hearing and being able to ask him questions that I wanted to ask him before. So transparency has been evident throughout this process. There was no final action that was supposed to be taken today. So as far as I'm concerned, your motion is fine. I like what Councilmember Stinnett said. If you read our recommendations, one of them was to wait until the state audit report was released, and if that was fully vetted before any further action was taken on that. So I think that adopting Councilmember Stinnett's motion or amendment, if he wants to make it, is perfect for this, and then we go ahead and move forward. But at the same time, there's really no need to put anything on the docket because there wasn't any final action being proposed tonight. Thank you. Councilmember Gordon. Thank you, Mayor. Mr. Myers just said almost everything I was going to say, except that I will move to amend the resolution to include Mr. Salih. Second. I guess we've got a bit of a procedural issue here in that we don't have anything on the docket just yet, but I suppose what we could do is amend what we're proposing to put on the docket. So I guess the appropriate motion would be to amend Councilmember Lane's motion, and the substance of yours was to? To include Mr. Bruce Salih in the list of folks to come. And did I hear a second? Yes, sir. Okay. Councilmember Myers. Any discussion on the motion to amend? All in favor? Councilmember Lane. Okay. I know that Jennifer Burke, who is the acting chair of the Internal Audit Board, and Bruce Sellers have cleared they're going to be coming on the 28th. That was already previously scheduled. And I think that it would be appropriate for them to speak on behalf of the Internal Audit Board, as opposed to the executive director, because the board is responsible for supervising and hiring and firing under the charter that we have there. But, you know, you can, and I didn't put anybody else's name in here that are being demanded to come. I said if you want to come and clear the record or speak to the issue, you have an opportunity to do that. So I think that this changes the complexion of the motion that I made. Any further discussion on the motion to amend? Councilmember Myers. Thank you, Mayor. I guess my question would be, since you said that there were people that were referred to in the report and they didn't have an opportunity to come and say their piece and some of them was, as you said, I think negatively referred to in the report. Certainly Mr. Salih would fit that bill. He certainly has information that the committee requested and could not get. So I would say that I appreciate the amendment to add him to the list and would wholeheartedly support that. Thank you. Any further discussion on the amendment? Seeing none, those in favor of the amendment to add Mr. Salih to the list, please indicate by saying aye. Aye. Opposed, no. No. The motion carries by a 14-1 vote with Councilmember Lane in opposition. We're now ready to consider the motion as amended, which is to place on the docket 13-1. That's right, 13-1. Councilmember Crosby is absent. The motion on the floor now is to add the amended resolution to the docket for a first reading. Discussion on that motion, Councilmember Feigl. Thank you, Mayor. Just for clarification, I'd like to ask the Chairman of the Investigative Committee what his plan was in terms of presenting our report tonight. Were you going to actually talk about what was in the report or just present the document for information purposes? Thank you, Mayor. Remember in one of our committee meetings we talked about how we would present the document and whether or not I or someone from the committee would articulate the things in the document, and we agreed that we would not do that. We would submit the document to the full Council and let the document speak for itself. Thank you. That was the clarification I wanted. Thank you. Councilmember Myers. I'm done. Thank you, Mayor. Thank you, Mayor. My recollection of the motion, which was passed unanimously by the Council, the motion, I believe, was offered by Councilmember Blues and it was Councilmember Blues, I believe you suggested a date, a date specific. Councilmember Beard? Okay. All right. And that was September 8th, right? Or September 9th? Actually, Vice Mayor, it was the first meeting after Labor Day. Okay. First Council meeting after Labor Day, which is tonight. As I recall, the motion included the language at minimum and interim report. So the question that I have, I'm curious, is that why would we change the venue from the committee to the full Council? Yeah. I think it goes back to transparency in government is important to the public trust. I think having it on GTV3 where the general public can see it and have every Councilmember be able to ask questions and get the information firsthand versus meeting up on the fifth floor and not broadcasting the report. I think that's the big difference. Vice Mayor Gray. I'm complete with the question. Thank you, Mayor. A point of clarification. The date certain that the final report was due was September 9th or the first meeting after Labor Day. The interim report clause in there was that an interim report had to be provided by at least July 6th. And so the committee met that standard and now it's completed its final work by the 9th as it was supposed to. And I would also speak to when you said not having meetings up on the fifth floor, the interviews were taped and anybody can get a copy of the DVDs just for point of information. But the report was supposed to be finalized and submitted to the full Council by the 9th, and that's what we've done. So, in effect, the committee has completed its work and I would presume that the committee is now dissolved. Council Member Lane. Council Member Myers, I believe you just contradicted yourself because you just suggested that you like Kevin Stennett's suggestion that we don't finalize the report until the state auditor's report is released. I think that's the way I interpreted what you said there. No, that's not what I said. Okay. I didn't contradict myself. All right. There's no further discussion. The motion on the floor at the moment is to add the amended resolution to the docket for first reading tonight. If there's nothing further, let's proceed to vote on that. If you wish to add this item to the docket, I'd like to take an electronic vote, so please vote aye electronically. If you wish to add it to the docket, please vote nay. If you wish to leave it off the docket. Have all council members voted? All right. The motion to add it to the docket carries by a vote of 11-3. Madam Clerk. Resolution number 34. One moment, please. We're going to need to change the title to reflect the amendment, so if you can just give us one second, please. Certainly. No. No. Okay. Okay. A resolution postponing any final action by the Urban County Council on the Special Investigative Committee's final report until interested parties, including Bruce Sully of the Office of Internal Audit, have an opportunity to submit written comments on the report and appear before the council to make additional comments and answer questions from the council. Thank you. Now are there motions to suspend the rules? Council Member Myers. I'd like to suspend the rules and give second reading to the resolution that we just voted on. I'm not sure what the number is. Second. I have a motion and second to suspend the rules for purposes of giving second reading to number 34. Others? Council Member Henson. Thank you, Mayor. I believe it's item number 26. It has to do with the probationary sworn appointments and the division of police. And this is crucial, actually, so that they can get training for the WEG games. All right. Council Member Steadman. Thank you, Mayor. Item number seven, due to the time and sense of nature of keeping the golf course open. Thank you, Mayor. Council Member McCord. Thank you, Mayor. Number 32 and number 33. Number 32 is for the tennis court resurfacing, trying to beat the weather to do that. And 33 is the agreement with the U.K. to reimburse us for U.K. football events. Thank you. Council Member Blues. I'd like to add 30 and 31. Both are time-sensitive issues. Council Member Martin. Thank you, Mayor. I'd like to add 24 so that they can get their projects done. And 25, that's the IRS resolution because that's time-sensitive. Thank you, Mayor. Council Member Lane. Thank you, Mayor. I'd like to request a second read on resolution number six. This is an item before the Public Services Commission. It's timely. Also, Mayor, I'd like to mention I would like to make a motion to table one of the resolutions, but I just want to give you a heads-up on that. All right. That motion wouldn't be in order until such time as we get past the second reading. All right. Council Member Feigl. Thank you, Mayor. I'd like to suspend the rules to have a second reading for items 20, 21, and 22. And all of these are related to the benefits program for our employees and is a very time-intensive process for inputting that information into our software program. Council Member Gordon. Thank you, Mayor. I'd like to suspend the rules and give second reading to 28 and 29. Are there any others? All right. We have a motion to suspend the rules for purposes of giving second reading to the following resolutions. Resolutions number 6, 7, 20, 21, 22, 24, 25, 26, 28, 29, 30, 31, 32, 33, and 34. Did I miss any? All in favor of suspending the rules. Can I ask a question? Yes. The motion that I made to suspend, I'm not sure what the number was. Did we get that in there? 34. 34. Okay. Thank you. All in favor of suspending the rules, please indicate by saying aye. Opposed, no. Motion carries. Madam Clerk, if you'll give second reading to those resolutions, please. Number 6, a resolution ratifying the Department of Law's execution on behalf of the Urban County Government of a settlement agreement, stipulation and recommendation of any other necessary documents in public service commission case number 2010-00204 pertaining to the transfer of control of Kentucky Utilities Company. Number 7, a resolution authorizing the Avon Golf Course to remain open until November 30, 2010. Number 20, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an extension to the Administrative Services Agreement with IMA Vision Care for group vision care insurance covering active Urban County Government employees for the period beginning January 1, 2011 through December 31, 2011 at no cost to the Urban County Government. Number 21, a resolution authorizing the mayor on behalf of the Urban County Government to execute an extension to the Administrative Services Contract with Delta Dental Plan of Kentucky Incorporated for administration of dental insurance plans, both premier and PPO, covering active Urban County Government employees for the period January 1, 2011 to December 31, 2011. 22, a resolution authorizing the mayor on behalf of the Urban County Government to execute extensions to the claim payment agreements gold PPO and silver HDHP with Humana Insurance Company for the administration of health care claims for the period of January 1, 2011 through December 31, 2011. 24, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Fraternal Order of Police, Bluegrass Lodge 4 Incorporated, $250 and Fire Brook Estates Homeowners Association Incorporated, $1,000 for the office of the Urban County Council and a cost not to exceed the sum stated. Excuse me, Madam Clerk, is that resolution number 24? That is. I did not, excuse me, hold on for just a moment. You're right, never mind, I had the wrong piece of paper in front of me. Number 25, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with Internal Revenue Service for reimbursement of joint operations. Number 26, a resolution ratifying the probationary sworn appointments of Harold Faulkner, police lieutenant, grade 317E, $3,025.15 biweekly in the Division of Police, effective August 30, 2010. John Huddleston, police sergeant, grade 315N, 28.588 hourly in the Division of Police, effective August 30, 2010. Twenty-eight. A resolution accepting the bid of Proforma Bluegrass Advertising Specialties, establishing a price contract for promotional magnets for waste management for the Division of Waste Management. Twenty-nine, a resolution accepting the bids of Ore Safety Corporation and Bluegrass Uniforms Incorporated, establishing a price contract for breathing apparatus for the Division of Fire and Emergency Services. Number 30, a resolution authorizing the mayor on behalf of the Urban County Government to execute a contract with Kroger Limited Partnership I to supply influenza vaccine and administer vaccinations to Lexington-Fayette-Urban County government employees at a cost of $18 per employee for 1,000 or more employees, or $20 per employee for less than $1,000 per employee. Number 31, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement with the Drug Enforcement Administration for continuation of the state and local task force. Number 32, a resolution accepting the bid of Tennis Technology Incorporated and the amount of $113,653 for tennis court repair and color coat for the Division of Parks and Recreation. Number 33, a resolution authorizing the mayor on behalf of the Urban County Government to execute a memorandum of understanding with the University of Kentucky for assistance with traffic and crowd control and reimbursement for U.K. football events. And number 34, a resolution postponing any final action by the Urban County Council on the Special Investigative Committee's final report until interested parties, including Bruce Salia, the Office of the Internal Auditor, and the Department of Justice. Have an opportunity to submit written comments on the report and appear before the council to make additional comments and answer questions from the council. Is there a motion to approve those resolutions? I have a motion by Councilmember Allinger and a second by Councilmember Myers to approve those resolutions. Councilmember Gordon. Thank you, Mayor. I have a question about the resolution regarding the Special Investigative Committee. Was this drafted by our law department? Yes, it was. Thank you. Councilmember Lawless. Hasn't our law department been conflicted out, which is why we had to hire outside counsel for the committee? I'm not appearing here on behalf of any committee. I'm appearing as a council member and, you know, I asked for some assistance in preparing the document to make sure it was appropriate. I'm not even sure who did the work on it. Well, during our committee, and the DVDs, I believe, were delivered to all council members, so it might be a good watch. We were told that we couldn't be advised by the law department on any aspect of this because they were conflicted out. I am the one who conceptualized the resolution. I merely had them prepare the document to make sure it was legally done. I mean, potato, potato. I mean, you know, I might have a concept, but if the attorneys conflicted out, there's a conflict there. So that's my comment on that. Any further discussion on the resolutions? All right. We'll proceed to vote. Those in favor of approving the resolutions, just receiving second reading, please indicate by voting aye. Electronically, those opposed, vote nay. Electronically. And Madam Clerk, please call the roll. Ms. James, I'm going to do no on 20, 21, 22, and 34, and yes on the rest. 21, 22, and 30. 20, 21, 22, and 34. I'll denote that in the record. Thank you. Mr. Lane? Yes. Ms. Lawless? No on 20, 21, 22, and 34, and yes on the rest. Your vote will be denoted in the record. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? No on 20, 21, 22, and 34, and yes on the rest. Your vote will be noted in the record. Ms. Crosby is absent. Mr. Ellinger? Yes. Ms. Feigl? Yes. By my count, all of those resolutions are adopted. Resolution number 20 was approved by a vote of 12-2, as were resolutions 21 and 22. Resolution 34 was approved by a vote of 11-3. Is that accurate? All right. That takes us down now to the next item on the agenda. Excuse me, Mayor, I wanted to discuss a table. Pardon me? A table of resolution. I'd like to table a resolution. I don't think there's a resolution on the floor now to be tabled. Okay. Well, I guess make your motion and we'll see where it goes from there. Okay. Thank you, Mayor. My motion is to approve the Citizens Advocate Professional Standards and Citizens Advocate Policy and Procedures Manual. And my reason for this is that I've never seen the standards or the manual, and I feel like before I'm going to vote on it, I'd like to have a copy of it to look at. I don't know, have any other council members got a copy of that and have seen it? I believe every council member has a copy of it. If you check your e-mail and check your council aide's e-mail, you'll find it. So when did you send that out? It was sent out a couple weeks ago, as a matter of fact, several weeks ago. And it's been discussed a couple times since then. So if you check your box and your aide's box, it will be there. Okay. Then I withdraw that. Thank you, Mayor. All right. We're now down to the next item on the agenda, which is the presentation of the report of the Special Investigative Committee. Council Member Myers. Thank you, Mayor. I guess in a sense we've already done it, but, again, I just wanted to reiterate that the report's been submitted and we all have a copy of it now. The two other things that I wanted to get to, though, is that we have a bill for the committee's council through August, and it will be submitted or forwarded on up to the law department or, I guess, the appropriate people so that comes out of their budget. And then lastly, Judge Crittenton came before you or came before us several weeks ago when I asked if the council would approve him providing defense for me against the lawsuit that's been filed against me as the chair of the Special Investigative Committee. Mr. Sellers has apparently changed that lawsuit and has continued to name me, but now I'm named as just a council member of LFCG and not as the chair of that committee. So it's still my official capacity, but now it's as a council member and not the chair of the committee. I think, obviously, that's because the committee was going away today. In order to keep the lawsuit going, he had to modify that. We have to come back and ask the council if you will approve continued defense of me in that lawsuit. So that's what I'm here today to do. And Judge Crittenton said it didn't have to be him. If the council wants to choose a different attorney, that's fine, but we don't feel like we can continue that defense in the lawsuit without coming back to this body and asking for their approval. So I guess I would generally make a motion. I think I submitted it last time, right? Or do I? I guess we would need to entertain a resolution by the council added to the docket tonight. So a motion to add to the docket a resolution authorizing the payment of those funds would be appropriate. Would it be payment of those funds or continued representation? That's fine. Okay. I would prefer not to make the motion. I didn't do it last time. Thank you, Mayor. I have a motion by Council Member Wallace and a second by Council Member Feigl. Let me try to restate it so we can get it down as best we can. The motion is that we place on the docket a resolution authorizing the payment of legal fees incurred by Council Member Myers in connection with litigation instituted by Internal Audit Board. I'd like to include representation by Judge Crittenden, Roger Crittenden. Are you comfortable with the language? All right. Any discussion on a motion to add that item to the docket this evening? Council Member Stennett. Thank you, Mayor. Council Member Myers, I just had a couple of questions. One, I know we got an email today about the legal bill you mentioned. Normal LFUCG practices, we have someone review the legal bills. Has anyone reviewed his bills for double check? I mean, because they're starting to get pretty big. Normally we review our own legal bills in-house, if I'm not mistaken. Has anyone reviewed? That's a great question, and that's why I said it would be forwarded to the appropriate people, and they would make that review, I assume. Well, I mean, can the Law Department review those bills? Since you all have recused yourself from representation, so who's going to be reviewing our own legal expenses to make sure they're justified? I guess another question would be who's reviewing the other parties. That's what I was going to ask. And who's even authorizing him to do what he's doing. But, yeah, your point is well taken. I don't know. All I can do is, I mean, that's certainly not something I can do. And then what is the rate we've negotiated with Judge Crittenden to represent you? Do you know? There is a different rate for the representation of that lawsuit than his regular rate. I've got a breakdown right here of his bill. Right. But what rate have we or is he representing you at? Is it $300 an hour? I believe he had a conversation with Council Member McCord and I. I believe it's $150 an hour. I'm not positive on that. I would ask for clarification on that because I don't want him to speak. Well, I think that's a big issue tonight. Before we approve him continuing representing you and name him specifically, we need to understand what, one, what he's going to charge us. And, two, who is reviewing these legal bills on both sides? On Mr. Sellers, do we know who's reviewing Mr. Sellers' bills and who's paying them? I mean, obviously we don't. The taxpayer. Well, ultimately the taxpayers are paying both. And they're both getting pretty hefty fees. There has not been a bill submitted by Mr. Sellers in a while that I recall, certainly since there's been any lawsuit filed. But who is reviewing those bills, though? Those bills did come to the law department initially. The bills for outside attorney's fees are all programmed through the PeopleSoft system to come through the law department for final sign-off, whether they're from the Department of Environmental Quality, Community Development, Billy Van Pelt, whoever it happens to be. In this particular case, when the bill first came in for Mr. Crittenden, I was unfamiliar with the terms of his engagement. I still haven't seen it. And so those bills were redirected back to the council office. Now, what happens in the typical case is, for instance, in Environmental Quality, if we have somebody there in Environmental Quality that's reviewing, for instance, Charlie Martin would review pretty carefully the bills because he's actually supervising the work. Same would be true with Mr. Van Pelt. He's reviewing things before they get to us for whatever final sign-off there needs to be. But in this particular case, I'm not. There were two bills, I think, for June and July. And then yesterday the council office contacted my assistant about trying to find funds for payment of this bill because I think the council had $25,000 for this purpose, and that's now been exceeded. I think, if you remember, the resolution that was made, the council passed, was for the funds to come out of your office's budget. So we have $25,000 in our line item, and when that was expended, then it was going to come out of your budget. So the council approved the hire of this council. You're the commissioner of law. I don't know who you normally have review things, but the fact is the bill's been submitted. It's been submitted on a monthly basis. And, you know, it is what it is. But I don't know if you want to review it or somebody else review it. Well, I think you would be the one or somebody on the committee would be most familiar with the work that's been done. I'm certainly not. So I couldn't. Well, if you authorize me to review the bill, I'll review the bill. But as it stands, I don't know that I have that authority. Let me speak to that. Vice Mayor Gray. Having appointed the committee and authorized the chair and the committee to retain the council, in my view I don't see that well within the jurisdiction, well within the authority of the chair, to review the bills of the attorney who is working for the committee and the chair, just like we would in any initiative, any similar initiative. I agree. Sure. Okay, Mayor. I still have the floor, I believe. But the other issue is do we have a written agreement with Judge Crennan going forward as to how much he's going to charge us? Have we negotiated that so the 150 is firm? I won't say it's firm. I said let me check on that. Don't quote me on that. I will, now that I'm responsible for reviewing the bill, I will get that in writing. I do know that we had the agreement for the original, and I know that the defense of the lawsuit has a different rate to it, but let me get that in writing so that I know what I'm saying. Okay, very good. Thank you. And I would be glad to answer any questions. I've got an itemized bill here for services rendered so far for the month of August. Well, if you could review those and make sure they're accurate and to the best of your knowledge, that would be great for all of us. Absolutely. Now that I've been given the authority, I'll be more than happy to do that. Thank you. Thank you. Thank you. Councilmember Gordon. Yes, I was just going to speak in support of the motion. Councilmembers are sued fairly often, and we never see the cost because our own law department defends that. And this is unusual because we are having to have outside attorneys, and so an outside attorney. So I'm fully supportive because our own law department could not represent Mr. Myers. And then the other thing that I just wanted to comment is to ask Mr. Askew if you could get us or also get a report of the other outside attorney, Mr. Sellers, so that we're kind of aware of both sides and what the costs are. And I'm guessing, did you say you're reviewing those expenses? I have not seen a bill from Mr. Sellers in a while. Do you know who's reviewing those? Is the internal audit board? I believe it's Mr. Horn. Oh, okay. But I will check with him and see, and certainly submit whatever statements have been submitted by Mr. Sellers thus far. Okay, thank you. On a different level with this whole thing, I think actually the lawsuit against Councilmember Myers is important because it actually centers around the subpoena payment, which I think is an important issue to have resolved. So thank you. Councilmember Feigl. Thank you, Mayor. I think I seconded the motion. Actually, it was an amended motion. Oh, I'm sorry. I guess I didn't second the motion. You did? For Judge Crittenden to defend Councilmember Myers. I'm not sure we ever formally amended the motion now that you raised it. Okay. And did you? I think I did, but it says Ellinger. Who made the motion? Pardon me? I honestly don't have it in the record. So if Ms. Feigl thought she made a motion, Mr. Ellinger. I said I seconded the motion. I made the motion and made sure that Judge Crittenden was included as named as counsel. I was just going by what it said. Lawless is the maker and Councilmember Feigl is the seconder of that motion. And what I would like to add to that is I'm willing to support the motion to continue to hire counsel to support or to represent Councilmember Myers. If the council would prefer to wait until we get a contract with a fee specified for Judge Crittenden, I'm certainly willing to withdraw my second to that part of the motion. All right. I guess we'll have to see whether or not we got a second. I think we do have a second to the motion. And so the ruling of the chair is going to be that we have a motion on the floor to add to the docket for first reading a resolution authorizing the payment of legal fees incurred by Councilmember Myers and that those fees be paid to Mr. Crittenden. That's the motion that's currently on the floor. Now, is there any further discussion on that motion? Councilmember Myers and Councilmember Lawless. I would be happy to get in writing what that fee would be and get that circulated to the council tomorrow. Keep in mind that all we're talking about doing, assuming this resolution passes, is giving it first reading tonight. Councilmember Lawless. I just wanted to say the reason I included Roger Crittenden's name as the council is because we've already invested a great deal of money and time for him and to switch attorneys at this point I think would be more costly. So they'd be starting from scratch. So thank you. Councilmember, is there anything further? Let's vote. Those in favor of adding that resolution to the docket tonight for first reading, please indicate by saying aye. Aye. Opposed, no. Motion carries. Madam Clerk. Resolution number 35, a resolution authorizing payment of legal fees incurred by Councilmember George Myers relating to the litigation instituted by the Internal Audit Board and authorizing continued legal representation by Roger Crittenden. All right. With that resolution having received its first reading, Councilmember Lawless. I'd like to make a motion to give that second reading. The motion would be to suspend the rules for purposes of giving that resolution second reading. Do I hear a second? Councilmember Ellinger seconded the motion. It requires a two-thirds vote. All in favor of approving the resolution, the motion to suspend the rules for purposes of giving the resolution second reading, please indicate by voting aye electronically. Those opposed, vote nay electronically. Stephanie, it was a cop. He killed somebody. He killed a lieutenant. I don't know what he was. He killed him. Has every Councilmember voted? I believe so. No. We have one person who has yet to vote. Mr. Blues. All right. The motion is approved. Madam Clerk, would you give second reading? Resolution number 35 for second reading, a resolution authorizing payment of legal fees incurred by Councilmember George Myers relating to the litigation instituted by the Internal Audit Board and authorizing continued legal representation by Roger Crittenden. Is there a motion to approve that resolution? Move approval. I have a motion by Councilmember Gordon to approve resolution number 35, a second by Councilmember Henson. Any discussion? All in favor? Councilmember Stennett? I just want to make sure Councilmember Myers knows I want to vote against this, not because I don't want you to be represented, but I think we need a contract. I think the prudent place would be to have a contract in place and know the rate before we give it second reading. That's why I voted against it. Thank you. Any further discussion? All right. Let's proceed to vote. Those in favor of approving resolution number 35, please indicate. Councilmember Martin? Based on Councilmember Stennett's comment, I want to explain my vote as well. I'm voting for this mainly because the attorney involved, Roger Crittenden, is one of the most respected judges in Kentucky, and he has served the committee well. And I believe that Councilmember Myers is fairly correct in his rate. His rate would be certainly well worth it if it was double that. So I think we're getting a bargain for what that is, and so I'm going to vote for this on that effect. Sorry, Councilmember Stennett. Councilmember Feigl? Thank you, Mayor. I, too, would certainly rather have a contract in my hand to know exactly what we're going to be paying. However, I do have a lot of confidence in Judge Crittenden, and I guess more importantly, I don't want to see any lapse in coverage for Councilmember Myers. Anything further? Councilmember Wayne? I want Councilmember Myers to be well represented, too. Thank you. If there's nothing further, we can proceed to vote. Madam Clerk? Who made the motion? I got the second, but. I don't remember who made the motion. Councilmember Gorton? It was Ms. Gorton. Okay, I just want to make sure. I mean, we always go back and watch the video and make sure we get it all correct, but I'm trying to get it correct as I go along. All right. Those in favor of approving the resolution, please indicate by voting aye electronically. Those opposed, vote nay. Ms. James? Thank you. Mr. Lane? No. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? No. Mr. Myers? I recuse myself. Mr. Stennett? Mr. Beard? Aye. Mr. Blues? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Thank you. That resolution is approved by vote of 10-3 with Council Member Myers abstaining, recusing. That concludes all of the items of business except for announcements and public comment. I understand Chief Hendricks has a matter to bring to our attention tonight. Chief, we'll go ahead and get that out of the way. If you'd care to make an announcement, please indicate. Chief? Yes, sir. Good evening, Mayor, members of the Council. I bring to you a matter of discipline concerning Firefighter Brian Harris, employee number 42983, and he has committed the offense of being late reporting to work. This was the second offense within a year, and the recommendation of the Disciplinary Review Board and myself is that he receive a written reprimand, which is consistent with the policies of the division. I bring to you as well the agreement of conformity bearing his signature and present that. Second. I have a motion by Council Member Ellinger and a second by Council Member Gorton to approve the recommended discipline. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. Thank you, sir. Thank you. Are there any announcements, Council? Council Member Myers, do you have one? Yes. Okay. Council Member Myers. Thank you, Mayor. The Gainesville Neighborhood Association Hot Luck will be held this Sunday at September 12th from 3 o'clock to 530 p.m. in the green space on Willowwood Way and Armstrong Mill, and I will be in attendance. And Amanda Dunn, my new council aide, will be there as well. And I hope everybody comes out for that. And then lastly, the Leukemia and Lymphoma Society's Light the Night Walk 2010 will be this Saturday, September 11th. Festivities begin at 5.30 p.m., and the walk starts at 7.30, and that will take place at the Robert F. Stevens Courthouse Plaza. And I hope that everybody comes out and participates in that and also writes a check for the foundation. Thank you. Our society. Council Member Mark. Thank you, Mayor. On September 18th from 4 to 8 p.m., the Moon Festival celebration will take place at Moon Dance at Midnight Pass inside Beaumont Center Circle. The event will feature Chinese-American dancers, singers, and musicians, a mooncake competition, many Chinese language lessons, and much more. So for information, please check out our 10th District newsletter. Thank you, Mayor. Council Member McCord. Thank you, Mayor. I just wanted to invite the community and the council to come to your trail, the Legacy Trail, that opens up at 1 o'clock on Sunday. On Second Sunday this month, this portion of the trail that runs from the Loudon Street YMCA all the way to the horse park is truly one of those great community assets that is part of our community now going forward for the next 1,500, 200 years. And I just want to personally thank every single person who made this monumental effort possible. And what folks will not appreciate is the magnitude of this project and how you just don't do a project like this in this time frame unless you have a tremendous amount of community support, political will, and that was a case in point that you can really accomplish great things for a community in compressed time frames overcoming massive hurdles if you have that community support and that political will. So, Mayor, I want to thank you publicly for all the things that you've done and the folks in the administration, District 7 folks, Congressman Chandler, Governor Fletcher, Governor Beshear, and all these other folks along the way that have played a huge role. But let me just say publicly how much I appreciate Keith Lovin. Keith Lovin is the project manager of this, can really look upon this as his legacy. And it's one of those things where he is the one that has made this really a real deal. And I want to thank him publicly for all of his efforts and just say well done to everyone. Thank you. Thank you, Council Member McCord. Council Member James. Thank you, Mayor. It's that time of year again for Roots and Heritage Festival. And I have the prestige and privilege this year of being co-grand marshal with I'm the first black woman on the council and I will be with the first black man, Mr. Harry Sykes, as co-grand marshal. So I'm really excited about spending time with Mr. Sykes and going through the streets of East End and the parade. There's tons of events going on as there are every year. Tonight started the kickoff with the art gallery and art show that is over at Saks Art Gallery over on Alexandria Drive. It goes until 10 o'clock tonight, so I'm hoping I still have time to run over there after council. And then it goes from Friday with jazz and blues right there on Elm Tree Lane near 3rd Street. We've got Brian O'Neill. Tomorrow, I mean on Saturday, some great events going on like a boxing exhibition that will happen as well as the street vendors. I'm sorry, that's on the 11th. The street vendors will be out Friday night, Saturday and Sunday as well. There will be some. They do have their Sunday gospel event that will occur as well. There's a gypsy poetry slam that's going to happen at the downtown art center. And then on Saturday night, the headliner, and if you know who these people are, you'll be really excited. Tony, Tony, Tony is performing, and it's a pretty big name. And so we're expecting the streets to be really crowded with folks and enjoying the great music and the fellowship with everyone. So also be aware of the street closures that will happen in that area. I just say park somewhere close to the Elm Tree Lane area. Park and walk. It's just best to find a secure parking space somewhere in a parking garage or in a metered parking or something like that. It should be free during the times that the festival will be going on. But try to find a place so that we won't block driveways and such. But it's going to be a really exciting weekend, and you also get to see the lyric on the outside. We're not opening the doors, but you'll be able to see how near completion that is. I'm sure as we gather this weekend at Roots and Heritage, we will also have to take a moment to pause and think about Mr. S.T. Roach, who passed away. Mr. Roach was essential to many things that happened in this community. I didn't know until his services that he was the person that submitted Tubby Smith's name to the U.K. board for Tubby to come to coach our Wildcats. I think that's monumental. A principal, an associate principal, a teacher, a coach, a community leader, just everyone yesterday or everyone at the services, we all resolved that he was very humble. And even in his humble and quietness, he was a giant in the things that he was able to achieve. And it was just really nice to have that. It was a huge gathering, many people grieving together and also celebrating his life, his legacy. I was very touched to be able to be a part of that and also to know him personally. I wasn't able to. The pastor during the eulogy talked about that if you were privileged enough, you could call him S.T., but he had to give you permission to do that. I wasn't privileged enough to be able to call him S.T. yet. I called him Mr. Roach. But just a tremendous loss to our community, but at the same time, a tremendous legacy. Definitely an example for all of us. Mayor, you were there yesterday as well as Vice Mayor Gray, and I'm sure that his family appreciates that, and the community appreciates knowing that Urban County Council, even things that we do, are impacted by what Mr. Roach's life was able to accomplish. Thank you. Council Member Gordon. Thank you, Mayor. One more activity, either before or after you attend Roots & Heritage. Go home and get your dog. September 11th is the annual Friends of the Dog Park fundraiser in conjunction with Parks and Rec, and it's $10 per dog. You'll need to have your dog's proof of rabies vaccine. It's from 9 a.m. to 3 p.m. It's a terrific way to help our parks, specifically our dog parks. September 11th. Thank you. Council Member Beard. Thank you, Mayor. I really have a question for Council Member McCord. On the 1 o'clock, is this a ribbon cutting, or are we supposed to show up in our, you know, those helmets give a serious hat head to people. Right. The ribbon cutting to look good for, if that's what you're asking, is at 3 o'clock at Coldstream. The event starts at 1 o'clock and goes until dusk. The only formal part of the whole ceremony is at 3 o'clock there will be a ribbon cutting with the Mayor, Congressman Chandler, the Governor, and so forth. So that's the only one that you have to make sure you're looking good for. Okay. Thank you. Thank you, Mayor. Anything further? Council Member Gordon. Just a P.S. on the dog paddle. It's at Woodland Pool. Vice Mayor Gray. Thank you, Mayor. Saturday morning, just to remind everyone that the Run to Remember will be held. I'm not exactly sure of the time, but our firefighters are helping sponsor. This is to remember all those lost in the World Trade Center tragedy on 9-11. I hear a motion to adjourn. I have a motion by Council Member Myers and a second. I'm sorry, a public comment. I apologize. Thank you. Okay. Your Honor and members of the Council, I would like to say first off, instead of renaming one piece or the other of Cedarwood Lane, even if you have to repeal an ordinance you previously passed, it would make much more sense to remove the berm and connect the two pieces of the road, even if it does offend the neighborhoods on both sides of that berm. If we are ever to get our traffic jams untangled within this county, it's going to take offending some neighborhoods. But the more stuff you connect, the less traffic overall you actually have because you cut travel distance for at least some of the people. And that's key right there is build as many shortcuts as possible, take down any barricades that were put up. Where you've barricaded streets to keep people from cutting through neighborhoods, the proper solution would be tear down the barricades and let them cut through. That would have a lot less miles of travel overall and a lot less fuel being burned and air pollution being made. To Mr. Gray's point, the run to remember is at 0800 on Saturday morning. There's also a bicycle contingent of folks that are leaving at 7 o'clock from Station 19. They'll visit all 23 stations. There's a shop with a firefighter going on all that morning at the Hamburg Walmart. A number of opportunities during our week of giving, and this has been observed for several years with the division, all in remembrance of the 343 firefighters and the remainder of police officers, totaling 403, that were killed in the World Trade Center. Thank you. Second. We have a motion by Councilmember Sennett, seconded by Councilmember Gordon. We adjourn. All in favor, please say aye. Aye. Opposed, no. Motion carries.