# Urban County Council Meeting - November 18, 2010 > Auto-transcribed civic record · Council · November 18, 2010 - **Permalink**: https://meetings.lexingtonky.news/meeting/1755 - **Source video**: https://lfucg.granicus.com/player/clip/1755?view_id=14&redirect=true - **Date**: 2010-11-18 - **Body**: Council - **Last revised**: June 18, 2026 - **Length**: 9,985 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on November 18, 2010, at 7:00 PM in Lexington, Kentucky, with Mayor Newberry presiding. The meeting covered 5 agenda items, all of which were approved, addressing a range of municipal matters including a vendor contract acceptance, a construction change order, general obligation bond issuance, a code amendment, and a technology ordering agreement. Over the course of the meeting, the Council took 10 votes and heard 1 public comment. No presentations are recorded in the meeting data. ## Attendance All members were present at the November 18, 2010 Council meeting. No members were recorded as absent or late. **Members Present (15):** Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers. ## Votes and Decisions The Council took the following actions during the November 18, 2010 meeting: - **Approval of Minutes** [timestamp: 0:01]: Motioned by Beard, seconded by Gorton. The minutes from the October 14, October 21, and November 9, 2010 meetings were approved by voice vote. - **Amendment to Remove Risk Management Analyst Language** [timestamp: 0:07]: Motioned by Ellinger, seconded by Crosbie. An amendment to remove language regarding a Risk Management Analyst position passed by voice vote, 14–0, with all members voting in favor: Stinnett, Beard, Blues, Crosbie, Ellinger, Feigel, Gorton, Gray, Henson, James, Lane, Lawless, Martin, McChord, and Myers. - **Ordinance Amending Section 21-5(2) of the Code of Ordinances** [timestamp: 0:13]: Motioned by Ellinger, seconded by Lane. Passed by roll call vote, 15–0, with all 15 members voting in favor. - **Ordinance Authorizing Change Order No. One to the Contract with ATS Construction** [timestamp: 0:16]: Motioned by Ellinger, seconded by Lane. Passed by roll call vote, 14–1. Gray voted against; all other members voted in favor. - **Ordinance Authorizing Issuance of Various Purpose General Obligation Public Projects Bonds** [timestamp: 0:16]: Motioned by Ellinger, seconded by Lane. Passed by roll call vote, 14–1. Martin voted against; all other members voted in favor. - **Approval of Various Ordinances (Second Reading)** [timestamp: 0:19]: Motioned by Ellinger, seconded by Lane. Passed by roll call vote, 15–0, with all members voting in favor. - **Resolution Ratifying Probationary Civil Service Appointments** [timestamp: 0:32]: Motioned by Gorton, seconded by Blues. Passed by roll call vote, 15–0, with all members voting in favor. - **Resolution Authorizing Extension to the Claim Plan Agreement for Medicare Advantage Plan** [timestamp: 0:39]: Motioned by Gorton, seconded by Blues. Passed by roll call vote, 14–1. Gray voted against; all other members voted in favor. - **Resolution Authorizing Ordering Document with Oracle America, Inc.** [timestamp: 0:43]: Motioned by Gorton, seconded by Blues. Passed by roll call vote, 15–0, with all members voting in favor. - **Approval of Various Resolutions (Second Reading)** [timestamp: 0:47]: Motioned by Gorton, seconded by Blues. Passed by roll call vote, 15–0, with all members voting in favor. ## Budget and Financial Actions The Council addressed several financial items at the November 18, 2010 meeting, spanning equipment purchases, construction contracts, bond issuance, and software procurement. - **Solar-Powered Incident Response Sign/Trailer:** The Council approved a purchase of $38,140 from Solar Technology, Inc. for a solar powered incident response sign and trailer. This equipment is intended to support traffic and incident management operations. - **City Street Resurfacing Contract Increase:** The Council approved a contract increase of $2,490,000 with ATS Construction for city street resurfacing work. This action expanded the scope or funding of an existing resurfacing contract with the vendor. - **Various Purpose General Obligation Public Projects Bonds:** The Council took action on the issuance of Various Purpose General Obligation Public Projects Bonds in the amount of $21,500,000. These bonds are intended to fund public projects and represent a significant capital financing commitment by the City. - **Ordering Document with Oracle America, Inc.:** The Council approved an ordering document with Oracle America, Inc. in the amount of $244,369.11. This agreement covers software or related technology services provided by Oracle to the City. No resolution numbers were available in the source materials for these items. ## Public Comment One member of the public addressed the Council during the public comment period of the November 18, 2010 meeting. - **Mr. McCarthy** spoke on the topic of traffic and street planning [timestamp: 51:53]. He offered a suggestion regarding the city's approach to street infrastructure, arguing that the development of additional parallel and perpendicular streets would be more beneficial than expanding existing streets. Mr. McCarthy emphasized the advantages of establishing a grid of smaller streets as an alternative approach to managing traffic and improving street connectivity. No other public comments were recorded for this meeting. ## Contested Items Two items on the November 18, 2010 Council meeting agenda passed with split votes of 14-1, indicating some level of disagreement among council members. - **Ordinance Authorizing Issuance of Bonds:** An ordinance authorizing the issuance of bonds for public projects was approved by a 14-1 margin. While the measure ultimately passed with broad support, one council member voted in opposition. The available data does not specify which council member cast the dissenting vote or detail the specific arguments made against the ordinance. - **Resolution Authorizing Extension to the Claim Plan Agreement for Medicare Advantage Plan:** A resolution to extend the Claim Plan Agreement for the Medicare Advantage Plan also passed 14-1. As with the bond ordinance, one council member voted against the measure. The available data does not identify the dissenting member or describe the specific concerns raised regarding the extension. In both cases, the outcomes reflected strong but not unanimous council support. The identical vote tallies on both items suggest the same council member may have opposed each, though this cannot be confirmed from the available data. ## Ordinance accepting the bid of Solar Technology, Inc. [timestamp: 01:43] The Council took up an ordinance to accept the bid of Solar Technology, Inc. for a solar-powered incident response sign/trailer intended for use by the Division of Emergency Management/911. The structured record does not identify specific speakers who presented or debated this item, and no concerns or notable discussion points are documented in the available data. The ordinance was approved by the Council. ## Ordinance authorizing Change Order No. One to the Contract with ATS Construction [timestamp: 03:18] The Council considered an ordinance authorizing Change Order No. One to the existing contract with ATS Construction, which would increase the contract price for city street resurfacing work. The structured record does not identify specific speakers who presented or debated this item, and no concerns or notable discussion points were documented for this agenda item. The ordinance was approved by the Council. ## Ordinance authorizing issuance of Various Purpose General Obligation Public Proj [timestamp: 04:53] The Council considered an ordinance authorizing the issuance of Various Purpose General Obligation Public Projects Bonds in an amount not to exceed **$21,500,000**. - The ordinance was brought before the Council to authorize the bond issuance for various public projects. - No key speakers were recorded in connection with this item, and the available record does not indicate extended debate or specific concerns raised during deliberation. - The Council approved the ordinance. ## Ordinance amending Section 21-5(2) of the Code of Ordinances [timestamp: 07:34] The Council took up Agenda Item 12, an ordinance amending Section 21-5(2) of the Code of Ordinances for the purpose of creating and abolishing various positions within the Urban County Government. Key speakers on this item included Ellinger, Crosbie, and Lawless. The ordinance was presented as a measure to adjust the staffing structure of the Urban County Government by formally establishing certain new positions while eliminating others through changes to the governing code. The Council moved forward on the item and it was ultimately **approved**. *Note: The available structured data for this agenda item does not include detailed information about the specific positions created or abolished, the substance of any debate or concerns raised during discussion, or the vote count. For a full account of the deliberations, the meeting video beginning at approximately the 7:34 mark is recommended.* ## Resolution authorizing Ordering Document with Oracle America, Inc. [timestamp: 42:26] The Council took up Item 35, a resolution authorizing an ordering document with Oracle America, Inc. for licenses and support fees. - **Key speakers:** Crosbie and Rama Dhuwaraha participated in the discussion of this item. - **Outcome:** The resolution was approved. The structured record does not include additional detail on the specific terms of the ordering document, the dollar amounts involved, the duration of the agreement, or the particular licenses and support services covered beyond the general description of licenses and support fees. Any concerns raised or further debate during the discussion are likewise not captured in the available data. --- ## Decisions - **Motion** — passed (0-0): Approval of minutes from October 14, 21, and November 9, 2010 meetings - **Motion** — passed (14-0): Amendment to remove language regarding Risk Management Analyst position - **Motion** — passed (15-0): Approval of ordinance amending Section 21-5(2) of the Code of Ordinances - **Motion** — passed (14-1): Approval of ordinance authorizing Change Order No. One to the Contract with ATS Construction - **Motion** — passed (14-1): Approval of ordinance authorizing issuance of Various Purpose General Obligation Public Projects Bonds - **Motion** — passed (15-0): Approval of various ordinances given second reading - **Motion** — passed (15-0): Approval of resolution ratifying probationary civil service appointments - **Motion** — passed (14-1): Approval of resolution authorizing extension to the Claim Plan Agreement for Medicare Advantage Plan - **Motion** — passed (15-0): Approval of resolution authorizing Ordering Document with Oracle America, Inc. - **Motion** — passed (15-0): Approval of various resolutions given second reading --- ## Full transcript If we could please, Madam Clerk, if you'll call the roll. Mr. Stinnett? Yes, ma'am. Mr. Beard? Present. Mr. Blues? I'm here. Ms. Crosby? I'm here. Mr. Ellinger? Here. Ms. Feigl? Here. Ms. Gordon? Here. Mr. Gray? Here. Ms. Henson? Here. Ms. James? Mr. Lane? Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? And Mr. Myers? Here. We have a quorum, so we can proceed. This evening, in lieu of an invocation, we will pause for a moment of silence for all to contemplate as they wish. If you would please stand. Thank you. We have minutes from three prior meetings to approve. Do I hear a motion? Second. I have a motion by Councilmember Beard and a second by Councilmember Gordon to approve the meeting minutes listed on the docket. Any discussion? All in favor say aye. Aye. Opposed, no. Motion carries. We're now ready for the reading of the ordinances entitled to second reading. So, Madam Clerk, if you will do that, please. Ordinance number one, an ordinance accepting the bid of Solar Technology Incorporated in the amount of $38,140 for a solar-powered incident response sign trailer for the Division of Emergency Management 9-1-1 and appropriating funds pursuant to Schedule No. 68. Number two, an ordinance repealing Section 531 of the Code of Ordinances relating to installation of street trees and amending Section 17B-8 to require removal of any plant growth that masks potential defects of street trees. Number three, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Division of Emergency Management to provide any additional information requested in connection with this grant application and to accept this grant if the application is approved, which grant funds are in the amount of $13,184.50 Commonwealth of Kentucky funds are for the purchase of equipment for the Urban Search and Rescue Program and the Dive Water Rescue Program for the Division of Fire and Emergency Services, the acceptance of which obligates the Urban County Government for the expenditure of $13,184.50 as a local match, appropriating funds pursuant to Schedule No. 58, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number four, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept a grant from the PNC Foundation, which grant funds are in the amount of $40,000, are for a financial literacy campaign targeted to low-income census tracts, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 59, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number five, an ordinance authorizing the Mayor, on behalf of the Urban County Government, to execute change order No. 1 to the contract with ATS Construction for city street resurfacing, increasing the contract price by the sum of $2,490,000 from $1,700,000 to $4,190,000, and appropriating funds pursuant to Schedule No. 60. Number six, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to execute and submit a grant application to the Kentucky Office of Homeland Security, to provide any additional information requested in connection with this grant application, and to accept this grant if the application is approved, which grant funds are in the amount of $76,321 federal funds, are for upgrades for the Division of Police Hazardous Devices Units robot, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 61, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number seven, an ordinance authorizing and directing the Mayor, on behalf of the Urban County Government, to accept five grants from the Kentucky Office of Homeland Security, which grant funds are in the amount of $337,700 federal funds, under the 2010 State Homeland Security Grant Program, are for the Public Safety Dive Team, $113,500, the purchase of portable radio, $69,400, the purchase of equipment for the Hazardous Devices Unit, $116,500, the purchase of CBRNE equipment, $20,300, and the purchase of an acoustical listening device for the Urban Rescue Team, $18,000, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 62, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Number eight, an ordinance of the Lexington-Fayette Urban County Government authorizing the issuance of its various-purpose general obligation public projects bonds, Series 2010, in one or more sub-series, in an aggregate principal amount not to exceed $21,500,000, approving a form of bond, authorizing designated officers to execute and deliver the bonds, authorizing and directing the filing of notice with the state local debt officer, providing for the payment and security of the bonds, creating a bond payment fund, creating a sinking fund, authorizing acceptance of the bid of the bond purchaser of the bonds, and repealing inconsistent ordinances. Number nine, an ordinance of Lexington-Fayette Urban County Government authorizing the issuance of Lexington-Fayette Urban County Government various-purpose general obligation refunding bonds, Series 2010, in one or more sub-series, in an aggregate principal amount not to exceed $9,000,000, to advance refund one, all, or a portion of the outstanding principal amount of the Lexington-Fayette Urban County Government general obligation bonds, Series 2001B, the proceeds of which were used to finance the costs of establishing and implementing a program to preserve and manage agricultural, rural, and natural lands, including the purchase of conservation easements or development rights, and to all, or a portion of the outstanding principal amount of Lexington-Fayette Urban County Government general obligation bonds, Series 2002C, the proceeds of which were used to finance construction of a four-lane boulevard and improvements to storm and surface water collection, drainage, and control facilities, approving a form of bond, authorizing designated officers to execute and deliver the bonds, providing for the payment and security of the bonds, creating a bond payment fund and escrow funds, maintaining the heretofore established sinking fund, authorizing acceptance of the bid of the bond purchaser for the purchase of the bonds, authorizing an escrow trust agreement, and repealing inconsistent ordinances. Number 10, an ordinance amending Section 532 of the Code of Ordinances of the Lexington-Fayette Urban County Government to adopt the fees established in 815KAR8070, all effective on January 1, 2011. An ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $175,000 Commonwealth of Kentucky funds, are for improvements to the regional 9-1-1 system, the acceptance of which does not obligate the Urban County Government for the expenditure of funds, appropriating funds pursuant to Schedule No. 63, and authorizing the Mayor to transfer unencumbered funds within the grant budget. Excuse me, Madam Clerk, Council Member Ellinger. Thank you, Mayor. There's been some conversation amongst the Council Members about the risk management position, and I'd like to table the one, I guess amend this and table just the one position in here that deals with the position of risk management, and listen, table it until January, because I think there'll be a motion coming at the work session on Tuesday about that. I see two different risk management positions, at least, maybe. Okay, that's fine, do both of those. Abolishing one position. And creating, yes, sir. So you want to take out all of that language, table all of that language. That's correct. All right, and I heard a second, I think, from Council Member Crosby. So the motion is to table that part that deals with the risk management until January. I'm just trying to figure out procedurally how most effectively to deal with this. We could separate it, I'm sorry. I suppose we could just, we can just table that section. Okay. I'll do what's easiest. The motion is to table the language stating abolishing one position of risk management analyst grade 115E in the Division of Risk Management, and creating one position of risk management analyst grade 115E in the Department of General Services, transferring the incumbent. Right? Yes, sir. Is there, we have a second by Council Member Crosby, and the motion is to table that until January, first meeting in January? Correct. All right. Any discussion on the issue of the time to which it is to be tabled? Seeing none, those in favor? It's non-debatable, if you have a point of order, that would be in order. Oh, okay. I'm sorry. Those in favor of tabling that issue until the first meeting in January, please indicate by saying aye. Opposed, no. Motion carries. Now, is there anything further with regard to Item 12? Council Member Lawless. Thank you. I've been trying to, I've been looking over the different positions that are here to be either change their title or grade or, and I'm not clear exactly what they are. Is there somebody that could, I have questions, if somebody could answer. Do you have questions about specific positions? Because it might make a difference in terms of. Well, actually, I have some general questions, if that's okay. All right. Sure. Yes, ma'am. Are any of these currently contract employees or non-civil service, unclassified non-civil service? Are we just looking at Ordinance 12? I actually had the full list of the new appointments, so I just need to be clear. Well, the question would be for any of these. Under Item Number 12? Or any of the other ones, but yeah, Item Number 12 specifically has a long list. I think I'm going to have to ask my fellow commissioners because I don't have that answer to, Under Item Number 12, if any of these are contract workers. Or currently unclassified non-civil service. The only unclassified appointments that's on the docket this evening were Kenneth Brown, Carissa Kelsey, and Harry Montgomery. And that's item. And that is, I'm sorry, I don't have the item number. It was number 29. Number 22. Pardon me. I brought the wrong one up here. It would be under Item 22, yes, ma'am. My question was kind of the reverse of that, but that's good to know also. My question was, are any of these people that are currently contract or unclassified non-civil service people moving into civil service positions? I don't think I can answer that, I apologize. Unless the individual commissioners can look at that list and come up and tell you. None. I'm being told none. No, they can't answer no. No, that there aren't any that are going from that status into a civil service status. Okay, thank you. You're welcome. Anything further with regard to Item 12? Madam Clerk. Item 12 is Ordinance Number 12 as amended. And Ordinance Amending Section 2152 of the Code of Ordinances creating one position of Engineering Technician Principal, Grade 115E, one position of Environmental Inspector, Grade 113N, one position of Engineering Technician, Grade 111N, and two positions of Environmental Inspector II, Grade 117E, all in the Division of Water Quality, creating one position of Environmental Enforcement Specialist, Grade 115E, in the Division of Environmental Policy, creating one position of Custodial Worker, Grade 102N, in the Division of Facilities and Fleet Management, abolishing two positions of Communications Officer part-time, Grade 111N, in the Division of Police, and creating one position of Commodity Marketing Manager, Grade 115E, in the Division of Waste Management, and amending Section 2252 of the Code of Ordinances abolishing two positions of Custodial Worker part-time, Grade 102N, in the Division of Facilities and Fleet Management, effective retroactive to June 21, 2010, and appropriating funds pursuant to Schedule No. 64. No. 13, an ordinance authorizing and directing the Mayor on behalf of the Urban County Government to accept from the Institution of Fire Engineers smoke alarms and drill sets valued at $3,200 for participation in an integrated risk management program, the acceptance of which does not obligate the Urban County Government for the expenditure of funds and appropriating funds pursuant to Schedule No. 65. No. 14, an ordinance authorizing the Mayor on behalf of the Urban County Government to accept a grant from the Kentucky Office of Homeland Security, which grant funds are in the amount of $307,896.50 federal funds for continuation of the Metropolitan Medical Response System project, appropriating funds pursuant to Schedule No. 66, and authorizing the Mayor to transfer unencumbered funds within the grant budget. No. 15, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating and reappropriating funds, Schedule No. 67. No. 16, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements for funds in the amount of $4,500 in the Division of Engineering from Fund Balance Council capital funds for the Maxwell Street Bike and Pedestrian Project and appropriating and reappropriating funds, Schedule No. 69. Thank you. That concludes the reading of the ordinances entitled to second reading. Is there a motion to adopt those? I have a motion by Councilmember Ellinger, seconded by Councilmember Lane to adopt those ordinances. Any discussion? Seeing none, let's proceed to vote. Those in favor of approving those ordinances, please indicate by voting aye electronically. Those opposed, vote no electronically. And, Madam Clerk, please call the roll. Mr. Stennett? Aye. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. All but five, no on five. Thank you. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes on all, no on eight. Thank you. Mr. McCord? Yes. And Mr. Myers? Yes. Thank you. Those ordinances are approved. We are now ready for the reading of ordinances entitled the first reading. Madam Clerk. Ordinance number 17, an ordinance changing the zone from a single family residential R1C zone to a professional office P1 zone for 0.298 net, 0.373 gross acre for property located at 1610-1612 Harrodsburg Road, Lair Properties, LLC. Ordinance number 18, an ordinance adding a neighborhood design character overlay in D1 zone for 53.7 plus or minus net, 67.5 plus or minus gross acres to preserve existing neighborhood character for properties located at 601-821 Cooper Drive, 1212-1251 Eldermere Road, 1203-1304 Castle Road, and 600-818 Montclair Drive, 1213-1283 Scoville Road, 1200-1252 Summit Drive, and 1500-1600 Tate's Creek Road. This is only Urban County Planning Commission. Council Member Wallace. Thank you. I move to schedule a special meeting on January 25th, 2011 at 5 p.m. in council chambers in order to hold a hearing on a proposed neighborhood design overlay in D1 for the Montclair neighborhood as initiated and recommended for approval by the Planning Commission. So moved. I thought we had already done that. There was a public hearing scheduled but not a special council meeting. So it had to be scheduled as a special council meeting. Well, there's a meeting that night, correct? All right. I'm not aware of why we're doing this one differently than the ones we've done in the past. And I guess I need some explanation about that. I was just doing what I was told to do. I understand. What I understood from Susan was that the language needed to be special council meeting instead of public hearing. All right. If there's no objection, I don't know that we're doing any harm anyway. Does anybody have any discussion on that motion? All in favor then of scheduling special council meeting on January 25th, please indicate by saying aye. Opposed, no. Motion carries. Number 19, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for municipal expenditures and appropriating, reappropriating funds, schedule number 70. Number 20, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $1,275 from Council Neighborhood Development Funds in the Division of Parks and Recreation for relocation of World War II plaque to Veterans Park and appropriating and reappropriating funds, schedule number 71. Council Member Martin. Mayor, I move to give second reading to item number 17. So moved. Second. I have a motion by Council Member Martin and a second by Council Member Lane to suspend the rules for purposes of giving a second reading to item number 17. Any discussion on that? I'm just curious why. The applicant has requested a second reading in order to expedite the zoning process. Council Member Gordon. I appreciate that the applicant wants to move forward. Since it is a zone change, though, I will need to vote no, because part of the zone changes for neighborhoods and people who are interested in the public, I think it's really important to have two separate readings. So I'm going to be a no vote. All right. Those in favor of suspending the rules, please indicate by voting aye electronically. Motion to suspend the rules fails by a vote of 1-11 or 12. All right. If there's nothing further, we will proceed to resolutions entitled to second reading. Madam Clerk. Resolution number one, a resolution accepting the bid of R&B cleaning service establishing a price contract for custodial services day treatment facility for the Division of Facilities and Fleet Management. Number two, a resolution accepting the bid of R&L cleaning service establishing a price contract for custodial services waste management for the Division of Facilities and Fleet Management. Number three, a resolution accepting the bid of Clark Power Service establishing a price contract for synthetic transmission fluid for the Division of Facilities and Fleet Management. Number four, a resolution accepting the bid for snow removal for the Division of Facilities and Fleet Management. Number five, a resolution accepting the bid of Physio Control Incorporated in the amount of $14,126.25 for CPR assist device for the Division of Emergency Management 9-1-1. Number six, a resolution accepting the bid of J. Edinger and Son Incorporated establishing a price contract for snow plow assemblies for the Division of Facilities and Fleet Management. Number seven, a resolution accepting the bid of Gooch Construction Company Incorporated in the amount of $258,000 for the Dixie pump station upgrade and force main improvements for the Division of Water Quality and authorizing the Mayor on behalf of the Urban County Government to accept an agreement with Gooch Construction Company Incorporated related to the bid. Number eight, a resolution accepting the bid of Simplex Grinnell LP in the amount of $47,620 for design and construction modifications to dry pipe sprinkler system for the Division of Waste Management. Number nine, a resolution accepting the bids of Hydraulic Specialists Incorporated in heavy equipment repair establishing price contracts for hydraulic cylinder repair for the Division of Facilities and Fleet Management. Number ten, a resolution accepting the bid of A. V. Dick Copycat establishing a price contract for digital multifunction copiers for the Division of Central Purchasing and authorizing the Mayor to sign any necessary agreements related to the bid. Number eleven, a resolution accepting the bid of Guthrie Sales and Service establishing a price contract for digital chlorine scales for the Division of Water Quality. Number twelve, a resolution accepting the bids of Annexter Incorporated, Communications Supply Corporation, Graybar, Rexel Incorporated and Wesco Distribution establishing price contracts for fiber optic cable and control equipment for the Division of Traffic Engineering. Number thirteen, a resolution accepting the bid of Labor Works Lexington LLC establishing a price contract for temporary labor services for the Division of Waste Management Material Recoveries Facility. Number fifteen, a resolution adopting the Lexington-Fayette County Mobile Home Park Guide for use by the Urban County Government. Number sixteen, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation in a catering contract with the Hyatt Regency for Police Awards Banquet. Number seventeen, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with Kentucky Utilities for the Downtown Lexington Streetscape Project, increasing the contract price by the sum of $41,147.41 from $97,636.01 to $138,783.42. Number eighteen, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with Kentucky Utilities for the South Limestone Streetscape Project, decreasing the contract price by the sum of $115,216.70 from $1,252,727 to $1,137,510.30. Number nineteen, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with Insight Kentucky Partners 2LP for the South Limestone Streetscape Project, decreasing the contract price by the sum of $193,900.80 from $450,000.00 to $256,099.20. Number twenty, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with Windstream Kentucky East LLC for the South Limestone Streetscape Project, decreasing the contract price by the sum of $64,369.00 from $222,191.00 to $157,820.00. Number twenty-one, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number one final to the contract with AT&T Southeast for the South Limestone Streetscape Phase 1, increasing the contract price by the sum of $1,160.93 from $9,755.00 to $10,915.93. Number twenty-two, a resolution ratifying the Probationary Civil Rights Act, decreasing the contract price by the sum of $1,170,000.00 from $1,050,000.00 to $1,050,000.00. Number twenty-three, a resolution ratifying the Probationary Civil Service Appointments of Elaine Dionne, Accountant, Grade 113E, 1,743.44 biweekly in the Division of Revenue, effective October 25, 2010. Dennis Holser, Public Service Worker Senior, Grade 107N, 14.444 hourly in the Division of Water Quality, effective November 22, 2010. William Dixon, Public Service Worker Senior, Grade 107N, 11.557 hourly in the Division of Water Quality, effective November 22, 2010. Jessica Williams, Budget Analyst, Grade 115E, 1,769.07 biweekly in the Division of Budgeting, effective November 25, 2010. Brandon Dunstan, Graphic Designer, Grade 111N, 16.464 hourly in the Division of Government Communications, effective September 27, 2010. Nelson Wright, Electrical Instrumentation Technician, Grade 113N, $20 hourly in the Division of Waste Management, effective September 27, 2010. Cynthia Schuster, Administrative Officer Senior, Grade 120E, 3,076.92 biweekly in the Department of Finance and Administration, effective November 22, 2010. Stephen Mulligan, Finance and Investment Analyst, Grade 116E, 1,843.44 biweekly in the Department of Finance and Administration, effective November 15, 2010. Andrew Derman, Trades Worker Senior, Grade 109N, 18.129 hourly in the Division of Streets, Roads and Forestry, effective November 15, 2010. Neil Martin, Trades Worker Senior, Grade 109N, 17.763 hourly in the Division of Streets, Roads and Forestry, effective November 22, 2010. Nicole Arnett, Telecommunicator, Grade 111N, 14.167 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Tamara Tipton, Telecommunicator Senior, Grade 113N, 18.074 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Robert Bolson, Telecommunicator Senior, Grade 113N, 17.602 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Jonas Newsome, Telecommunicator, Grade 111N, 13.754 hourly in the Division of Emergency Management, 9-1-1, effective November 29, 2010. Clarence Burnett, Equipment Operator Senior, Grade 111N, 18.851 hourly in the Division of Waste Management, effective November 22, 2010. Gordon Gilliam, Equipment Operator Senior, Grade 111N, 18.129 hourly in the Division of Waste Management, effective November 22, 2010. Liana Martin, Enterprise Systems Developer, Grade 116E, 2,192.76 biweekly in the Division of Enterprise Solutions, effective November 8, 2010. Dennis Bevels, Custodial Worker, Grade 102N, 11.687 hourly in the Division of Facilities and Fleet Management, effective November 22, 2010. Ratifying the Probationary Sworn Appointments of Robert Littrell, Fire Major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective October 13, 2010. Roger D. Smith, Fire Captain, Grade 316N, 23.039 hourly in the Division of Fire and Emergency Services, effective October 13, 2010. Kelly Smith, Fire Lieutenant, Grade 315N, 17.786 hourly in the Division of Fire and Emergency Services, effective October 13, 2010. Clifford Boyd, Fire Major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. Arthur Ashley, Fire Captain, Grade 316N, 1,843.12 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. William Hessel-Schwart, Randall Patterson, Fire Lieutenant, Grade 315N, 1,422.88 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. Brian Jarrett, Police Sergeant, Grade 315N, 2,287.08 biweekly in the Division of Police, effective November 15, 2010. Permanent Community Corrections Officer, appointment of Jamie Conover, Community Corrections Officer, Grade 110N in the Division of Community Corrections, effective September 28, 2010. Approving the unclassified civil service appointments of Kenneth Brown, child care program aide, part-time, Grade 107N, 11.67 biweekly in the Division of Community Corrections, effective September 28, 2010. James 53, hourly in the Division of Family Services, effective November 22, 2010. Carissa Kelsey, Family Support Worker Senior, Grade 112N, 16.884 hourly in the Division of Family Services, effective November 29, 2010. Harry Montgomery, Landfill Inspector, part-time, Grade 108N, 11.706 hourly in the Division of Waste Management, effective November 22, 2010. Number 23. A resolution initiating zoning ordinance. I have an amendment. Council Member has an amendment for item 22. Okay. I move to amend resolution number 22 on the docket for second reading to remove ratifying the probationary civil service appointment of Nelson Wright, electrical instrumentation technician, Grade 113N, $20 hourly in the Division of Waste Management, effective November 22, 2010. This is not a material change and does not require a new first reading. I have a motion and second to amend item number 22. Any discussion? All in favor say aye. Opposed, no. Motion carries. Mr. Sanner, will that amendment necessitate a second reading of the docket? All in favor say aye. Opposed, no. Motion carries. Item number 22. All right. Madam Clerk, if you will give second reading to amended number 22. Number 22 as amended, a resolution ratifying the probationary civil service appointments of Elaine Dionne, accountant, Grade 113E, 1,743.44 biweekly in the Division of Revenue, effective October 25, 2010. Dennis Holster, public service worker, senior, Grade 107N, 14.444 hourly in the Division of Water Quality, effective November 22, 2010. William Dixon, public service worker, senior, Grade 107N, 11.557 hourly in the Division of Water Quality, effective November 22, 2010. Jessica Williams, budget analyst, Grade 115E, 1,769.07 biweekly in the Division of Budgeting, effective November 25, 2010. Brandon Knudsten, graphic designer, Grade 111N, 16.464 hourly in the Division of Government Communications, effective September 27, 2010. Cynthia Schuster, administrative officer, senior, Grade 120E, 3,076.92 biweekly in the Department of Finance and Administration, effective November 22, 2010. Stephen Mulligan, finance and investment analyst, Grade 116E, 1,843.44 biweekly in the Department of Finance and Administration, effective November 15, 2010. Andrew German, trades worker, senior, Grade 109N, 18.129 hourly in the Division of Streets, Roads and Forestry, effective November 15, 2010. Neal Martin, trades worker, senior, Grade 109N, 17.763 hourly in the Division of Streets, Roads and Forestry, effective November 22, 2010. Nicole Arnett, telecommunicator, Grade 111N, 14.167 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Tamara Tipton, telecommunicator, senior, Grade 113N, 18.074 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Robert Bolson, telecommunicator, senior, Grade 113N, 17.602 hourly in the Division of Emergency Management, 9-1-1, effective November 22, 2010. Jonas Newsom, telecommunicator, Grade 111N, 13.754 hourly in the Division of Emergency Management, 9-1-1, effective November 29, 2010. Clarence Burnett, equipment operator, senior, Grade 111N, 18.851 hourly in the Division of Waste Management, effective November 22, 2010. Gordon Gilliam, equipment operator, senior, Grade 111N, 18.129 hourly in the Division of Waste Management, effective November 22, 2010. Liana Martin, enterprise systems developer, Grade 116E, 2,192.76 biweekly in the Division of Enterprise Solutions, effective November 8, 2010. Dennis Bevels, custodial worker, Grade 102N, 11.687 hourly in the Division of Facilities and Fleet Management, effective November 22, 2010. Robert Littrell, fire major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective October 13, 2010. Roger D. Smith, fire captain, Grade 316N, 23.039 hourly in the Division of Fire and Emergency Services, effective October 13, 2010. Kelly Smith, fire lieutenant, Grade 315N, 17.786 hourly in the Division of Fire and Emergency Services, effective October 13, 2010. Clifford Boyd, fire major, Grade 318E, 3,521.79 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. Arthur Ashley, fire captain, Grade 316N, 1,843.12 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. William Hessel-Schwart, Randall Patterson, fire lieutenant, Grade 315N, 1,0422.88 biweekly in the Division of Fire and Emergency Services, effective October 25, 2010. Brian Jarrett, police sergeant, Grade 315N, 2,287.08 biweekly in the Division of Police, effective November 15, 2010, approving the permanent community correction officer appointment of Jamie Conover, community corrections officer, Grade 110N in the Division of Community Corrections, effective September 28, 2010, approving the unclassified civil service appointments of Kenneth Brown, child care program aide part-time, Grade 107N, 11.653 hourly in the Division of Family Services, effective November 22, 2010. Carissa Kelsey, family support worker senior, Grade 112N, 16.884 hourly in the Division of Family Services, effective November 29, 2010. Harry Montgomery, landfill inspector, part-time, Grade 108N, 11.706 hourly in the Division of Waste Management, effective November 29, 2010. Number 23, a resolution initiating zoning ordinance and land subdivision regulations, text amendments for Planning Commission consideration and recommendation to amend Section 184D of the zoning ordinance to provide that landscaping required by Article 10 of the Planning Commission is not subject to the zoning ordinance. to provide that landscaping required by Article 18 shall be maintained in compliance with the Planting Manual, American National Standards, and as applicable as specified in landscaping ordinances related to Manowar Boulevard, Old Frankfort Pike, Georgetown Road, Richmond Road, Downtown Street Trees, and Newtown Pike, to create Section 18.8 of the Zoning Ordinance to provide that violations of Article 18 are subject to penalty, including civil citations, to amend the tree protection standards in Article 26.1 of the Zoning Ordinance to provide that standards and procedures for tree protection apply to redevelopments, to amend Article 610B of the Land Subdivision Regulations to require street tree plantings on all collector, connector, and local streets, to amend Article 610B1 of the Regulations to remove the landscape examiner from the type and number determination for street trees, amending 610B3 of the Regulations to remove the Division of Building Inspection as the designated collector of the street tree fee, and amending Article 610B4 of the Regulations to provide that street trees will be required in developments in accordance with the engineering manuals. No. 24, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a modification to agreement with the Kentucky Department of Military Affairs Division of Emergency Management for extension of the agreement for funds for the Chemical Stockpile Emergency Preparedness Program for fiscal year 2009 through September 30, 2011, at no cost to the Urban County Government. No. 25, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an agreement with Paladin Incorporated for energy assessment services for the Energizing the Arts Program at a cost not to exceed $46,182.50. No. 26, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an amendment to the Statement of Agreement awarding an Eco-Art Grant to Lansdowne Elementary increasing the grant by the amount of $750 from $4,250 to $5,000. No. 26, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an amendment to agreement with Energy Cap Incorporated for energy management software training and maintenance for three years to include flow-down requirements as required by the U.S. Department of Energy. No. 28, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute and submit a grant application to the Kentucky Division of Emergency Management and to provide any additional information requested in connection with this grant application, which grant funds are in the amount of $453,004 Federal funds and $72,481 Commonwealth of Kentucky funds under the Federal Emergency Management Agency's Hazard Mitigation Grant Program and are for the acquisition and demolition of four residential properties in the Lafayette, South Bend area. No. 29, a resolution authorizing the Commissioner of Public Safety or his designee on behalf of the Urban County Government to sign an application for trademark service mark with the Commonwealth of Kentucky to register a new Lexington Division of Police emblem at a cost not to exceed $10. No. 30, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute change order No. 1 final to the contract with LAGCO Excavation for the North Point Detention Basin Project, increasing the contract price by the sum of $1,902.08 from $30,774 to $32,676.08. No. 31, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage contract with the Fayette County Board of Education for rental of Norsworthy Auditorium for the Kitty Capers Program at a cost not to exceed $988.73. No. 32, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an extension to the Claim Plan Agreement for the Medicare Advantage Plan with Humana Insurance Company for the administration of health care claims for the period of January 1, 2011 through December 31, 2011. No. 33, a resolution authorizing the Mayor on behalf of the Urban County Government to accept Brad Mitchell's donation of cocoa and Appaloosa Draft Horse for use by the Masterson Station Park Equestrian Program at no cost to the Urban County Government. No. 34, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Amendment No. 2 to Contract No. 5797, Resolution No. 693-2006 with Kentucky Theatre Management Group, Inc., extending the term of management for an additional three months through March 31, 2011. No. 35, a resolution authorizing the Mayor on behalf of the Urban County Government to execute an ordering document with Oracle America, Inc. for licenses and license support fees at a cost not to exceed $244,369.11 for the period of time from November 20, 2010 through October 19, 2011 with future fiscal years subject to sufficient funds being appropriated. No. 36, a resolution providing that effective January 1, 2011, no employee or retiree of a partner agency and or satellite agency of the Lexington-Fayette Urban County Government shall be eligible to participate in any Urban County Government medical or retirement plan or receive any Urban County Government employee or retiree benefit, including but not limited to medical insurance, dental insurance, vision insurance, life insurance, 401K contributions and the like, and directing the Division of Human Resources to notify in writing all such agencies within three business days of the passage of this resolution. No. 37, a resolution authorizing the Mayor on behalf of the Urban County Government to execute Neighborhood Action Match Grant Program contracts with Ashland Park Neighborhood Association, $4,000, Charlesburg Maintenance Association, Inc., $10,000, Creekside and Andover Unit 2 Homeowners Association, Inc., $4,050, Fayette Park Homeowners Association, $1,575, Glen Eagles Owners Association, $9,579, Hillandale Neighborhood Association, $10,000, Historic South Hill Neighborhood Association, Inc., $847, Lansdowne Neighborhood Association, $1,405, Mintel Neighborhood Association, $4,540, Stuart Hall Homeowners Association, $4,500, and Tabor Lake Homeowners Association, $10,000, for carrying out various neighborhood activities and improvements at a cost not to exceed $63,000. Thank you. Is there a motion to approve those resolutions? Move approval. Second. We have a motion by Councilmember Gordon and a second by Councilmember Blues to approve the resolutions receiving second reading. Any discussion? Councilmember Crosby. I just have a question on number 35. I think Rama might be. Is this for the PeopleSoft or what licensing is this for with Oracle? This was a license agreement that was made in 2005. It was a five-year agreement, and based on the CAFR, there's an increase in that, and $203,000 of that is the license fee increase, and the other part of that is the license fee and the other portion of that is the maintenance fee. Okay. So the maintenance would be the support base? Yes. That would be about $41,000 and change. Okay. Thank you. That answers my question. Thank you. Any further questions? Seeing none, we'll vote. Those in favor of approving the resolutions, please indicate the voting aye electronically. Those opposed, vote nay electronically. And Madam Clerk, please call the roll. Mr. Stennett. Yes. Ms. Ellinger. Yes. Ms. Feigl. Yes. Ms. Gorton. Aye. Mr. Gray. Yes on all but 32, no on 32. Number 32. Yes. Thank you. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Yes. Ms. Lawless. Yes. Mr. Martin. Yes. Mr. McCord. Yes. Mr. Myers. Yes. Okay. Those resolutions are approved. We're now ready for resolutions entitled to first reading. Madam Clerk. Resolution number 38, a resolution accepting the bid of DataWorks Plus in the amount of $57,010 for a digital application server for the Division of Police. Number 39, a resolution ratifying the probationary civil service appointments of Gregory Harvett, public service supervisor senior, grade 114E, 1,709.52 biweekly in the Division of Waste Management effective November 22, 2010. Charles Dirge, enterprise systems developer, grade 116E, 2,008.12.37 biweekly in the Division of Enterprise Solutions effective November 22, 2010. Ilir Alu, equipment operator senior, grade 109N, 12.459 hourly in the Division of Waste Management effective December 6, 2010. Dennis McGovern, Joby Harvey, equipment operator senior, grade 109N, 14.836 hourly in the Division of Waste Management effective December 6, 2010. Donnie Gent, equipment operator senior, grade 109N, 13.971 hourly in the Division of Waste Management effective December 6, 2010, ratifying the permanent civil service appointments of Trina Brown, administrative specialist senior, grade 112N in the Department of Social Services effective October 26, 2010. Robert Meyer, skilled trades worker senior, grade 112N in the Division of Facilities and Fleet Management effective October 12, 2010. Number 40, a resolution authorizing the Mayor on behalf of the Urban County Government to execute the amended 2010 general term orders for the Fayette County Clerk and the Fayette County Sheriff. Number 41, a resolution authorizing the Mayor on behalf of the Urban County Government to execute the 2011 general term orders for the Fayette County Clerk and the Fayette County Sheriff establishing the number of deputies and assistants allowed to each and the compensation allowed to each deputy and assistant subject to the limits for each category as specified in the general term orders and subject to the fees collected by the officers respectively in their 75% accounts pursuant to KRS 64.350 Section 1. Number 42, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute a release of easements releasing a streetlight easement and a drainage easement on property located at 1908-1920 General Warfield Way and a partial release of easement releasing a portion of a streetlight easement on property located at 1869 Good Pastor Way. Number 43, a resolution authorizing and directing the Mayor on behalf of the Urban County Government to execute an application to participate in the Internal Revenue Service e-file program for the Volunteer Income Tax Assistance Programs at the Gaines Way Empowerment Center, the Central Kentucky Job Center and the Family Care Center at no cost to the Urban County Government. Number 44, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage contract with Fayette County Board of Education for rental of Winburn Middle School for a cheerleader showcase at a cost not to exceed $197.93. Number 45, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a group sales agreement with Hyatt Regency Lexington for 2011 Bluegrass Invitational Wheelchair Tournament at a cost not to exceed $3,000. Number 46, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a facility usage agreement with various youth baseball leagues for fall youth baseball. Number 47, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a rental agreement with Lexington Center Corporation for Martin Luther King Day celebration at a cost not to exceed $9,000. Number 48, a resolution authorizing the Mayor on behalf of the Urban County Government to execute agreements with Charlesburg Maintenance Association, Incorporated, $1,000, North Point Neighborhood Homeowners Association, Incorporated, $500, Act Ministries, Incorporated, $350, Bluegrass Green Works, Incorporated, $300, Bluegrass Community Action Partnership, Incorporated, $1,000, and E&A, Incorporated, Doing Business as NECO, $350, for the Office of the Urban County Council at a cost not to exceed the sum stated. Number 49, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a purchase of service agreement with Lyric Theatre and Cultural Arts Center, Incorporated, to provide services to the public at a cost not to exceed $236,777. Number 50, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a reimbursement agreement with the Dogwood Trace Neighborhood Association for site restoration associated with the South Elkhorn Forest Main Project at a cost not to exceed $29,000. Number 51, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number two, final to the contract with Mack Construction for the South Elkhorn Forest Main Project, increasing the contract price by the sum of $161,997.32 from $11,127,272.22 to $11,289,269.54. Thank you. Are there any motions relative to those resolutions? Council Member Lane. Thank you, Mayor. I ask to suspend the rules and get a second read on item number 51. I do have an explanation on this. This is for a forest main on South Elkhorn Creek, and the project is funded with EPA revolving loan funds. After the city started this project, the U.S. Congress passed legislation requiring payment of the Davis-Bacon federal prevailing wage rate. This requires a change order. The Kentucky Infrastructure Authority requires the execution of the change order before it will proceed with the city's loan for this project. So we're asking for a second read to get that approved tonight. Thank you. Second. I have a motion and second to suspend the rules to give a second reading to number 51. Are there others? Council Member Martin. Thank you, Mayor. I move to suspend the rules to give a second reading to item 50. This also is related to the South Elkhorn Forest Main Project and is for reimbursement of the neighborhood for their funds relating to the restoration of the site. So moved. Thank you. Are there others? Seeing none, we'll take that as a motion to suspend the rules for purposes of giving second reading to items 50 and 51. All in favor, please say aye. Aye. Opposed, no. Motion carries. Number 50 for second reading, a resolution authorizing the Mayor on behalf of the Urban County Government to execute a reimbursement agreement with the Dogwood Trace Neighborhood Association for site restoration associated with the South Elkhorn Forest Main Project at a cost not to exceed $29,000. Number 51, a resolution authorizing the Mayor on behalf of the Urban County Government to execute change order number two, final, to the contract with Mack Construction for the South Elkhorn Forest Main Project, increasing the contract price by the sum of $161,997.32 from $11,127,272.22 to $11,289,269.54. Thank you. Is there a motion to approve those two items? I have a motion by Council Member Ellinger, second by Council Member Crosby to approve items 50 and 51. Any discussion? All in favor, please indicate by voting aye electronically. Those opposed, vote nay electronically. Madam Clerk, please call the roll. Mr. Stinnett? Yes. Mr. Beard? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Ms. Feigl? Yes. Ms. Gorton? Aye. Mr. Gray? Yes. Ms. Henson? Yes. Ms. James? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. That brings us down to the announcements. Does any member of the Council have announcements this evening? All right. For public comment, Mr. McCarthy? Your Honor and members of the Council, I just want to point out that while I've fussed at you over traffic for years, I need to point out a certain concept that more streets, parallel and perpendicular, would actually be more beneficial to us than taking the few streets that do go somewhere and making them bigger. That while a parallel and perpendicular grid of two-lane streets a quarter mile apart and a grid of four-lane streets half a mile apart or a grid of six-lane streets three-quarters of a mile apart or a grid of eight-lane streets one mile apart all theoretically provide the same capacity if the intersections are controlled by signals, the grid of two-lane streets one-quarter mile apart makes for shorter trip lengths for a whole lot of people using it, hence less traffic to have to handle. Now, actually, if you had roundabouts at the intersections instead of signals, the grid of two-lane streets a quarter mile apart would actually provide more capacity. The roundabouts provide the most advantage for the smallest streets and sort of lose their advantage as you go up in size. Just something to think about when planning various neighborhoods, and we would be better off if you would make developers provide streets that connect. Even though I know all the existing neighborhoods are going to howl and fuss and protest, but it still would be the best thing for the community as a whole. Thank you, Mr. McCarthy. Chief Hendricks, you have a couple of matters for us. Good evening, Mayor, members of the council. I bring to you two matters concerning discipline this evening in that an allegation has been made that Thomas Meredith has committed the offense of misconduct. It is alleged on the 22nd day of July of 2010 he was arrested for the charge of driving under the influence while off duty. For that, the recommendation of the board, which I have forwarded on with my concurrence and the commissioners as well, as well as the conformity signature of the concerned employee is a 24-hour suspension without pay for currently scheduled work hours and further completion of the court-ordered DUI program. Such is my recommendation. Move approval. I have a motion by Council Member Gorton and a second by Council Member Myers to approve the recommended discipline. Any discussion? All in favor say aye. Opposed, no. Motion carries. Chief. Mr. Firefighter John Gentry has committed the offense of misconduct and inefficiency. It was alleged on the 28th day of August 2010. He failed to get out of an emergency care unit and render aid to a patient or to assist his fellow crew members on a medical response and has engaged in a course of inefficiency by failing to meet performance standards with continued occurrences of misconduct after being disciplined for same. Again, I bear the recommendation of the review board, bearing my signature, the commissioners, and that of the concerned employee. The recommendation here is for 72 hours of suspension without pay from currently scheduled work hours and completion of the employee assistance program. I hear a motion to approve. I move. Second. I have a motion by Council Member Beard, second by Council Member Blues to approve the recommended discipline. Council Member Myers. Thank you, Mayor. I guess I'm going to ask I think what's the obvious question, and it is why does this person still have a job? Well, sir, I suppose it would have to be that the board who reviewed the circumstances and the individual felt that there was promise to be held in that individual. I can't speak for them since they're not here tonight, but that was their unanimous recommendation. And I forward that to you. Can I understand you correctly that you said that they went to the scene of an incident and this person refused to get out and help? Yes, sir. Can we get the board that recommended this discipline to come in and speak to us as to why they did that? I would suppose so, certainly, sir. I don't know if we have that authority. I'm more asking that question really, I guess. You can ask them to come. I'm not sure you can compel their attendance, but you could ask them to come. Certainly. Can we do that? Sure. If that's the will of the council as a whole, a motion to extend that invitation I think would be appropriate. I would make that motion and as part of that motion move to table this further action on this until such time as we hear they're going to come or not come. I think a better course might be to divide that into two separate items, first being to table, second being to extend the invitation if there's no objection. Okay. Is there a second to the motion to table? Hearing none, the motion dies for a lack of a second. Now, if you wish to make the second motion. I would move that we'd ask the disciplinary board to come in and explain why they recommended that. So moved. Do we hear a second? I have a second, but Council Member Crosby. Council Member Crosby, do you wish to speak? Yeah, I'm not sure if my question, it may relate to Council Member Myers. I was going to ask who makes up the review board, prior to inviting them if we could get an idea of who is on the review board. That would be probably most helpful. And then I would also, if we're going to extend the invitation, I think I would probably vote to table if they're separated. Council Member Myers, thank you. Thank you. They were separated. If I could ask a question, Mayor. I guess my question is if we vote to ask them to come in, but we go ahead and vote to approve the action, then I'm not sure what the point is having them come in after we've already approved the discipline. Council Member Myers, I just voted against the table. Maybe I misunderstood, but it wasn't separate from asking them to come in. And I think if it's separated, I mean, I'm for the motion to table it, but so that we could debate asking them in and ask questions about it. That's why. Because if we tabled it, we wouldn't be able to debate the motion. Okay. Thank you. Council Member Gordon. Thank you, Mayor. Were these proceedings open or closed? And if they were closed, then would we be doing this in closed session? Is the disciplinary board's action an open meeting? Was it? From the perspective of the police review boards, which I'm a part of, those are closed meetings. And what goes on in there stays in there. By law, you cannot discuss what goes on in a police review board. So probably appropriate action here would be to table this, because I'm not sure if fire is protected by the same statute or not. Until you? The review board. Because there's two separate statutes. One applies only to police, the police officer's bill of rights. The other applies to both police and fire. So you would need to do some research to see whether we could actually hear this at all? They may be precluded from law if I'm telling you what went on in their review board. And when would you have that information? Tomorrow. Okay. Thank you. Council Member Henson. Thank you, Mayor. Chief, does this review board only meet as needed? Yes, ma'am. And who makes up the review board? Is it peers or? It would depend on your perspective. The current composition is two assistant chiefs and three battalion chiefs. Okay. As appointed by myself. So it's experienced officers from the fire department? Yes, ma'am. Formally we used to have a much more representative board that reviewed disciplines. But since the inception of the contract, the bargaining unit has steadfastly refused to allow its members to participate. Okay. Okay. Thank you. The motion on the floor is to invite the members of the disciplinary review board to an upcoming council meeting for purposes of discussing this situation. Any further discussion on that motion? Council Member Myers. Thank you, Mayor. I guess my next question would be is if the council decides to not table this, do we have to accept the recommendation? And if we don't, then what? Can we vote on the recommendation or what happens? Okay. It's my understanding. Please. I believe if you do not accept the recommendation and impose a recommendation of your own other than what the firefighter signed on his letter of conformity, that he would have, again, the option of accepting that or the option of proceeding through the agreement procedure and perhaps a hearing in front of the council. Thank you. All right. Motion on the floor is to invite the disciplinary review board to a council meeting. Those in favor of that motion? Council Member Gordon. And is your motion contingent on if we pass this motion and then the law says we legally cannot have them in, then the motion becomes a moot point? Okay. Is that understood in the motion? Yes, that's why I asked. Do we legally have that standing? Because I wasn't sure. And I guess now that I have a moment to reflect on it, we have a motion to approve the recommended discipline already on the floor, do we not? Madam Clerk, and that being the case, your motion would be to amend it to invite them? Okay. So the motion on the floor is to amend the pending motion to approve the recommended discipline by inviting the disciplinary board to come to an upcoming council meeting. All in favor of that amendment, please indicate by saying aye. Opposed, no. Motion fails. We are now ready to vote on the motion to approve this. Yes, we may. Those in favor of the amendment, please indicate by voting aye electronically. Those opposed, please vote no. Motion carries by a vote of eight to seven. Now the question on the floor is the amended motion, which is to approve the recommended discipline and to invite the disciplinary board to a council meeting to discuss it. Any discussion on that motion? The motion is to approve the recommended discipline and to invite the disciplinary board to a council meeting to discuss it. Yes, Council Member Martin. I make a motion to bifurcate the vote on these two items. And in what fashion? We'll have a motion to approve the recommended discipline and a second motion to invite them to a meeting? Yes. All right. The motion is to bifurcate in that fashion. The motion is by Council Member Martin, second by Council Member Crosby. Any discussion on the motion to divide? Council Member Gordon. My question would be, Council Member Martin, what would be the purpose of the meeting? The purpose of the meeting is if we deny the recommended discipline, then we'll actually have something to discuss. If we approve the motion, if we don't bifurcate and we approve the motion, the discipline will already have been approved and there won't be very much to discuss at that point. So if your motion, if the disciplinary action is approved, are you still asking for them to come in? Well, that's what this motion is. This motion is to approve the disciplinary action and to have them come in. Yes. So if we turn down the motion, then we will neither ask them to come in, nor will we approve the discipline. So my personal is I'm going to vote against the discipline, approving the discipline. I'm going to vote in favor of having them come in to talk to us. About what? About the disciplinary action. About why they recommended that discipline? That's all I was wondering. Yes, I was in favor of Council Member Meyer's motion. Okay. Thank you. Okay. The motion is to divide the motion. Council Member Blues. Yes, I understand that you're asking us to reverse the decision that was just made on passing the amended original motion. It was an amendment to the motion, but it's two separate items. So if the Council wishes to approve the discipline and have them come talk to us, then you should vote against my motion to bifurcate. If you'd like to not approve the discipline at this time. I don't think I need instruction on how to vote. I'm just asking the question. Any further discussion? Okay. Those in favor of dividing the motion have one vote on approval of the discipline and a second vote on the question of whether to invite the disciplinary board. Let it be known by saying aye. Opposed, no. Motion carries. No. Originally we had a motion to approve the recommended discipline. Then you wanted to invite the board. The only way to entertain that motion at that time was by an amendment amending the original motion. That amendment passed. Now the motion that just passed was to divide the motion into two separate issues. The first issue we'll discuss now is do we want to approve the recommended discipline. That is the issue on the floor for the Council now. So the discussion, appropriate discussion is whether you wish to approve the recommended discipline. And we'll treat that as a motion by Councilmember Martin and a second by Councilmember Crosby. Since they moved to bifurcate. Any discussion on that issue? Councilmember James. Thank you, Mayor. When I voted on the motion, on Councilmember Martin's motion, I thought it was what was shown on the screen, which was to invite the disciplinary board to come. I did not think I was voting to amend the original motion. And what was on the screen said it didn't say amendment to the motion. It just said to invite them to come. Well, I didn't see what was on the screen at the time, but the discussion I think was reasonably clear what was going on at that time. So right now what we've got are two separate motions. One is to approve the recommended discipline, which we need to address first. The second motion we'll address is whether or not we wish to invite them to come to the meeting. Thank you. Councilmember Myers, was it your, were you moving to amend the original motion? Was that your motion? Yes. Okay, thank you. Thanks, Mayor. All right. Now discussion on the recommended discipline issue. If there's no discussion, we'll proceed to vote. And let's do this electronically. Those in favor of approving the recommended discipline, please indicate by saying aye electronically. Those opposed, vote nay. The motion to approve the recommended discipline fails by a vote of seven to eight. We're now ready to take under consideration the second part of the bifurcated motion. Again, we'll designate Councilmember Martin and Councilmember Crosby as the mover and seconder of the motion to request the disciplinary board to invite the disciplinary board to attend a council meeting to discuss the proposed discipline. Any discussion on that motion? Seeing none, let's vote electronically. Those in favor of inviting the disciplinary board, please indicate by voting aye electronically. Those opposed, vote nay. Motion carries by a vote of 13-2. Thank you, Chief. Any further business to come before the Council? Do I hear a motion to adjourn? Move adjourned. I have a motion by Councilmember Gorton, second by Councilmember Myers to adjourn. All in favor, please say aye. Opposed, no. Motion carries. Thank you.