Everybody's having a good time visiting, but it's 6.01, and I'll get upbraided if I don't do this right on time. All right, I'll ask the clerk to call the roll, please. Mr. Blues? Here. Ms. Crosby? No. Mr. Ellinger? Here. Mr. Farmer? Yes, ma'am. Mr. Ford? Here. Ms. Gorton? Here. Ms. Henson? Here. Mr. Kay? Here. Mr. Lane? Here. Ms. Lawless? Here. Mr. Martin? Here. Mr. McCord? Here. Mr. Myers? Here. Mr. Stinnett? Yes, ma'am. And Mr. Beard? Present. Thank you. Thank you. Thank you, Meredith. Next on our agenda is our invocation, And we are pleased tonight to have retired minister at Good Shepherd Episcopal, Reverend Bob Sasson, with us tonight for the invocation. Let us pray. Almighty God, our Heavenly Father, send down upon those who owe offices as the Urban County Council, especially Jim, Linda, Chuck, Steve, Chris, Tom, Diane, Kevin, Casey, George, Jay, Doug, Peggy, and Ed. send down the spirit of wisdom, charity, and justice that with steadfast purpose they may faithfully serve in their respective districts and in the city as a whole to promote the well-being of all people. Direct them in all their business and actions tonight and in the future with your most gracious favor and further them with your continued help that in all their discussions and actions begun, continued, and ended with your help they may enhance and provide for the well-being of all in our community of Lexington. And finally, we lift up our heads tonight, O Lord, in intercession for all who carry civic and political responsibilities, granting that putting aside all merely selfish ambition, they may seek to be the instruments of your will and carry out your purpose for the welfare of the citizens of this community. And may they both seek and see your glory in happier human lives This we pray in your most holy name. Amen. Amen. Thank you so much, Reverend Bob. Always an inspiration. Thank you, sir. I have a couple of presentations that I'll make now. If the council will allow me, I'll go around to the podium. Chief Griffin is going to help me here. We are just really, really proud, to use that appropriate language, proud, to join the Emergency Medical Advisory Board tonight as we honor two local pioneers in the establishment of emergency medicine here in Lexington. The late Dr. Franklin Musnick and Dr. Dennis B. Kelly literally created the Emergency Medical Service in Lexington. In countless meetings with firefighters and city leaders, citizens, and the medical community, they laid the groundwork for an emergency medical service that today is broadly recognized for its excellence. Their work began in the early 70s, and some of you all know this and remember it. Franklin continued to serve the community until his passing in January of 2011. Dennis Kelly technically retired in 2007, but he continues to volunteer his services today. Next week, during Emergency Medical Services Week, we'll be encouraging every Lexington citizen to think of Franklin Musnick and Dennis Kelly every time they hear a siren. So it's my pleasure on behalf of the council and the city to present these commemorations to Marilyn Musnick in honor of her husband, the late Dr. Franklin Musnick, and to Dr. Dennis Kelly. We've got a couple of plaques here, you all. Well, the mayor invited me to say a few words. Franklin Musnick, although not physically here, will be here every time you hear a siren perpetually. And I dare say the majority or more of the people in the room know Franklin Musnick. He did an incredible number of things in his community. He was the person who took care of polio victims in the iron lung back in the late 40s and the early 50s, started all the coronary care units as well as the ambulance service we have today. I also want to give some special attention that all of you sitting behind the table are there, but you all know some people of why you're there. And one of the people that Frank and I had is thankfully with us today is the person who trained the very first class of paramedics. And I asked her to stand up. It's Donna Hunter here. And she trained the first eight classes. And we had a reunion this past November that Franklin was at. And 80 of the paramedics who are all now retired came back. and it was wonderful for Franklin and for those men. I have to thank those men and the people, Chief Jackson, Gribben, who continue the work today, my wife Pam, who taught them all CPR back in 1977. And the commitment was made by the new urban county government to do this. I got involved in this before there was an urban county government, and we kind of lived through merger, consolidation of the fire department, who runs things as the city manager or the mayor, and I learned a lot from Franklin getting through all that. But ultimately, the commitment was made, and as a result, we had one of the earliest services, one of the best, and it's only gotten better. Thank you very much. Thank you very much. Dr. Kelly and Pam and Marilyn and Donna, thank you all so much for being with us tonight. We'd love to have you stay with us, but don't feel obliged for the rest of the evening. If you need to go, that's okay. Thank you all so much. All right. Next on our agenda are committee reports by Vice Mayor Gordon, the Committee of the Whole. Thank you, Mayor. Thank you, Chair. Second. There's a motion and a second. Is there any discussion on the motion? Hearing none, ready for a vote. All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. Need to take a show of hands, or maybe can we do an electronic vote? Okay. I'm trying to get mine going here. Well, we're looking up here. Okay. All in favor? All right. Just vote electronically then. All in favor? Are we missing someone? Motion fails. All right. Vice Mayor Gordon. I move to substitute on the docket the most updated copy of the Downtown Lexington Corporation Agreement under Resolutions First Reading Number 26. Motion. Is there a second? Motion and a second. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. Opposed, no. Motion carries. Vice Mayor. And the following motion is not being brought. It was a motion to remove number six under ordinances of first reading to transfer the incumbent risk management analyst from risk management to general services, and that failed five to ten. And then there was a motion to hire a full-time citizens advocate, which failed four to eleven. and a motion to amend the previous motion regarding the citizen's advocate to include not paying more than $40,000 for the position failed, 3 to 12. We had a lot of failures that day. And I bring this motion, a motion to place on the docket a resolution to make the citizen's advocate position part-time. Second. It's a motion by Vice Mayor Gordon, second by Council Member Farmer. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. Aye. All opposed, no. Motion carried. Okay, let's do an electronic vote. All in, just voted electronically. All right. Looks like the motion passes. Vice Mayor. And the following, I've been advised by law that it does not need to be placed on the docket, and that was referencing the citizen's advocate to become effective when the citizen advocate is hired, and they will bring that to us through ordinance. I move to place on the dock at a resolution establishing a parking permit program for the 600 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday from August 1st through May 15th each year and waiving provisions relating to the mechanics of designating residential parking permit areas adopted by Resolution 168-90 and amended by Resolutions 450-91 and 433-2006. It's a motion by Vice Mayor Gorton, second by Council Member Farmer. Is there any discussion on the motion? Hearing none, all in favor, please say aye. Aye. All opposed, no. Motion carries. I move to place on the docket a resolution authorizing the mayor to execute a certificate of consideration and any other documents necessary and to accept a deed of property located at 405 Plainview Road for the Plainview Road Stormwater Improvement Project and authorizing payment in the amount of $205,000 plus usual and appropriate closing costs. Motion and a second. Motion by the Vice Mayor, seconded by Council Member Farmeroff. Any discussion? All in favor, please say aye. Aye. All opposed, no. Motion carries. Mayor, this next item is regarding the Lex Tran budget, and the Council did pass a motion to place the Lex Tran budget on the docket as approved, but I have been advised by law that it would be cleaner if we wait until their board has met and dealt with the new $346,000 cost of wheels. So I would look to law to see whether we just need to vote this down or... Or bring it forward. Vote it. Okay. So you're going to make a motion. I move to place on the docket the Lex Tran budget as presented. All right. It's a motion. Is there a second? Second by Council Member Ellinger. Is there discussion? Council Member Blues. Would it be appropriate just to table it? LexTran is going to come back with a different budget to deal with the $346,000 cost of wheels. And so I think according to law, we've had a discussion as cleaner if we just vote this down. You're shaking your head, Clinda. Okay. Any other comments? All right. All in favor of the motion, please indicate by saying aye. All opposed, no. No. All right. Motion fails. And what will happen on that is on May 18th, the Lex Tran board meets, and they will craft a new budget and bring that to us. And then from committee reports, environmental quality and special environmental quality met and no motions came forward. And the special environmental quality meeting will be on June 21st at 11 a.m. to discuss the storm baseline for the remedial measures plan and to report out a motion to recommend that Division of Water Quality fund a grant program not to exceed $100,000, and grant criteria on a pilot program was reported out. Public safety, public works reported out. There were no motions. Social services committee reported out, and there were no motions. And planning and zoning committee met and reported out, and there were no motions. And that completes my report. Thank you. Thank you, Vice Mayor. Mayor. All right. Yes, sir. Councilman Martin. Thank you, Mayor. Is the motion from water quality, does that not come to the council, or is that going to come at a later date? That's going to come at a budget time, is it? It came as a report out, which the council did ask for on Tuesday. But the note here is that per law, nothing needs to be done on that right now. It will come to us again in the future. Thank you, Mayor. Yes, sir. All right. We're ready for a second reading of ordinances now. Madam Clerk, can you give us a second reading of ordinances, please? Ordinance No. 1, an ordinance amending Ordinance No. 105-2009, the Newtown Pike Extension Ordinance, disapproving a request to amend to apply standards only to commercial development and approving a request to waive the bulk plane and parking lot standards applied in Section 10 for property located at 502 through 526 South Broadway, 320 Pine Street, and 319 Cedar Street, Jeff Morgan. Ordinance number two, an ordinance changing the zone from a professional office P1 zone to a high-rise apartment R5 zone for 0.376 net, 0.42 gross acre with dimensional variances for property located at 407 Markey Avenue, subject to certain use restrictions imposed as conditions of granting the zone change, FEDE LLC. Number three, 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. 116. Number four, an ordinance amending certain of the budgets of the Lexington Fayette Urban County Government to reflect current requirements for funds in the amount of $1,547 from neighborhood development funds in the Division of Parks and Recreation for personnel expenses related to William Wells Brown Community Center summer programs and appropriating and reappropriating funds, Schedule No. 117. Number 5, an ordinance amending Sections 2442, 2443, 2444, and 2447 of the Code of Ordinances relating to the Internal Audit Board to increase the number of members of the Board from 5 to 7 to require that the two additional members be appointed from the community at large to require that appointment of two members be based on recommendations of the Urban County Council to provide that members may be removed only for cause after a hearing, to limit the number of consecutive terms, members may serve to three full terms, to require that the chairman and vice chairman be elected from the members from the community at large, and to require the board to adopt bylaws. And number six, an ordinance amending Section 2152 of the Code of Ordinances, 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 and appropriating funds pursuant to Schedule No. 64. Thank you. Is there a motion to approve a second read? Motion by Council Member Ellinger. Is there a second? Second by Council Member Lane. Is there any discussion? Council Member Stanton. Thank you, Mayor. On number six, I think, Jamsheed, are you still here? Can you let me know? I know down our budget link, we didn't see this position in risk management, so I assume in the budget it's already in your division? Yes. For this budget and next budget? Yes, current fiscal year as well as 2012. So it's already budgeted, okay. And then how long has this person been working in general services already? Coming up right about two years now in that capacity. Okay, thank you. Sure. I just want to clear something up. The couple of council members have brought this to my attention. Right now he is in risk management and he does two jobs. He works in general service and he does work in risk management. So I just want to give everybody a heads up. Whatever you vote, he will continue to do both of those jobs because we have to keep him in both the positions are he willing. John Sheath, I've already talked about working and chairing it like he is now. All right. Council Member Crosby. Yeah, John Sheath, can you tell me how many administrative officers you have currently in general services? Just massive officers or seniors. We've got two different levels. The officers, we've got three. Seniors? One. One. And then Richard, do you know if the background of this individual is insurance underwriting? What was that again, please? Is the person in risk management currently there because their background is in insurance underwriting? Yeah, the person, yeah, we have put insurance back under risk management, And Janet and I have been working with that. So that's why he's going to be doing two jobs for us, both of them. Okay, thank you. Councilman Lawless. I guess it's not that he's doing two full-time jobs, but as needed, he will be able, he'll be doing things that he had been doing for general services. services, but we had moved him from general services to risk management before. And now this is moving him back from general services to risk management. He is the only one that can do and has the level of expertise needed in risk management for the insurance underwriting. He has over 20 years of experience and has more expertise than anybody in risk management for insurance underwriting. That's why we're going to split both jobs. He's helping out. He's done a tremendous help in general service, and he will continue to work in risk management. That's what I say. We can't hire people right now, so we're going to have to put people going to have to take more on than what they usually do. So that's why right now I want everybody to understand we are going to chair this person in those positions. When the folks upstairs need him, he will be going upstairs. And when the folks in general service where he is needed now, he's working with both of them. Council Member Henson, I'd like to make a comment on it in a minute. Go ahead. Council Member Henson. I just had a question, Richard. Why the change then on the docket? Why not just leave him? I believe that was done last year before we came on. It was tabled when this administration first came on in January, and they tabled it to now. And I assume that the funds are in the general funds, general services, what I would believe. But I want everybody to know a lot of people are going to be taking on jobs, as you know, as short-handed we are right now. But he'll be working in the same capacity. I mean, his title is going to be the same. So it really doesn't matter one way or the other. Well, we want the job done. It matters. Wherever you put it, the job will be done. Okay. Mr. Lane. Okay. So you don't need to withdraw? Okay. Council Member Lawless, are you still up? I would just like to say that I do recall now that we tabled it and that he was going to be moved and didn't, et cetera. But I think it is essential that he is under the management of risk management and can still do and help participate in general services as needed and that there are other people that don't require that level of expertise to do the job he's been doing in general services. For that reason, I will vote no. I want to clear something up here. Wherever we put him, he's going to have to have a supervisor to watch him and evaluate him. And right now, before we came on this administration, they had put the money in general service to pay his salary. So he would have to report to John C. on evaluations and stuff like that. Now, I just want everybody to understand, he will continue to still work in Richmond, but he has to be under one of them. So that's why I can't say why. It was before our time, but the money we got to pay his salary is over there now. But if somebody's budget makes changes, then we have to make changes. We can make a budget amendment. Okay. That's fine. I mean, I just. Okay. Council Member Stenet. Well, I mean, I think we're talking in circles, C.L. Maloney. The council surely didn't put this on the docket. So who from the administration is then requesting this? If you're not asking us to vote on it, then ask us to withdraw it. So what's the recommendation from the administration? Is it what's on the docket or is it something else? Because this is not a council reaction. We didn't put this on here. As it was stated before, this item was on the docket toward the end of last year, and for some reason it was pulled out. And we're still not sure who and why. Bottom line is, as Mr. Meloni has stated, we have no issue whatsoever if it's needed for Mr. Sinclair's expertise being provided to any other departments, irregardless. The simple fact is that he's been providing majority services. He's 50% of our department section for real properties. with the number of properties we got out there. If we lose that capacity, I can assure you that we will not be able to sustain the level of services. So that said, it really doesn't, to me, the employee wants to have a resolution. They want to know if he's there providing primarily these services. If not, if it needs to go back to risk management, then move into risk management, to be honest with you. It's just a matter of making a final decision and moving forward. If it's needed in terms of providing expertise in insurance, I don't see any issue with it whatsoever, and he has stated that. So at this stage, we put it on the docket because we felt like that was the right thing to do. Very good. Thank you. Mr. Lane. John Pshede, in this position, does he, in the risk managing area, does he evaluate our real estate properties and help set levels of coverage and look for, you know, issues of safety? Yes, among so many other things that he's providing services, yes. So as he manages the real estate, he's keeping an overview of all of this? He as well as Ricky Caldwell. That's correct. All right. Thank you. Vice Mayor Gordon. Vice Mayor Gordon. Thank you, Mayor. Jamshid, does he work with, you said that if he left general services, then you wouldn't be able to provide the same level of services. The policy that we are working on in. Facility usage policy. Yes. Yeah, he's been instrumental in drafting that with the help of Rick Caldwell and a couple other people in our group. Yes. Okay. Thank you. Thank you. It sounds like we need to have five lectures in place. We're ready to take a vote then. All right. Thank you, John Sheet. Madam Clerk, you need to do a roll call. Thank you. Mr. Blues? Yes on 1 through 5, no on 6. I'll keep a tally on paper. Ms. Crosby? Yes on 1 through 5, no on 6. Mr. Ellinger? No on six, yes on the rest. Mr. Farmer? Yes on all. Mr. Ford? Yes. Ms. Gorton? No on six, yes on all the rest. Ms. Henson? No on six, yes on the rest. Mr. Kay? No on six, yes on the rest. Mr. Lane? Yes. Ms. Lawless? Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stinnett? And Mr. Beard? No on six. Yes on the rest. Thank you. Tally's all. I have eight no's for number six. Okay, so the motion fails. All right. It's a long day, you're right, Bernard. First reading, next on our agenda is first reading on ordinances. Ordinance number seven, 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. 118. Number 8, an ordinance amending certain of the budgets of the Lexington-Fayette Urban County Government to reflect current requirements in the Division of Traffic Engineering for funds in the amount of $637.60 from neighborhood development funds for traffic calming signs in the 3rd Council District and appropriating and reappropriating funds, Schedule No. 120. Are there any other motions? All right. Hearing none, we can move on to second reading of resolutions. Resolution number one, a resolution accepting the bid of R&B Cleaning Services, establishing a price contract for custodial services, Phoenix Building, for the Division of Facilities and Fleet Management. Number two, a resolution authorizing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for easements needed for Phase 3D of the Meadows-Northland-Arlington Neighborhood Improvement Project at a cost not to exceed $2,000. Number three, a resolution authorizing and directing the mayor on behalf of the urban county government to execute certificates of consideration and other necessary documents and to accept deeds for property interests needed for the Lafayette Parkway Stormwater Project at a cost not to exceed $1,600,000. Number four, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an amendment to agreement with the Kentucky Transportation Cabinet for the Loudoun Avenue sidewalk project to include the project budget as a part of the agreement at no cost to the urban county government. Number five, a resolution approving pursuant to KRS 62.055 and Section 2255.1 of the Code of Ordinances, the bond with surety of Donald W. Blevins, Jr., Fayette County Clerk, in the amount of $400,000 and directing the Department of Law to record the bond with surety along with a certified copy of this resolution in the office of the Fayette County Clerk. Number six, a resolution designating Tate's Creek Golf Course and Clubhouse and Athens Softball Complex Concession Stand Pavilion as parks and park facilities where the director of the Division of Parks and Recreation may authorize the possession, sale, delivery, and consumption of alcoholic beverages and apply for a malt beverage license for sale of malt beverages at the listed locations. Number seven, a resolution authorizing the mayor on behalf of the Irvin County Government to execute a memorandum of understanding with the Federal Bureau of Investigation, Department of Veterans Affairs for jurisdiction at the Department of Veterans Affairs. Number eight, a resolution authorizing the mayor on behalf of the Irving County Government to execute change order number one to the contract with Minifield Enterprise Incorporated for West Sector Roll Call Renovation, increasing the contract price by the sum of $8,370 from $58,964 to $67,334. And number nine, a resolution authorizing and directing the mayor on behalf of the Irving County Government to execute a facility usage contract with Fayette County Board of Education for use of the William Wells Brown Elementary School for the final resource fair of the Hope VI Housing Project at a cost not to exceed $671.70. It's a motion by Vice Mayor Gorton, a second by Council Member Ellinger to approve. Is there any discussion? All right. Hearing none, we can take a roll call vote. Madam Clerk. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. Ellinger? Yes. Mr. Farmer? Yes, ma'am. Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stenet? Aye. Mr. Beard? Aye. Thank you. Okay. The vote reflects passage on the second read of resolutions. Okay. Madam Clerk, ready for first reading of resolutions. Resolution number 10, a resolution accepting the bid of Aramsco Incorporated, establishing a price contract for hospital PPE kits for the Division of Emergency Management 911. Number 11, a resolution accepting the bid of Bluegrass Towing Incorporated, establishing a price contract for towing for the Department of General Services, the Divisions of Police and Code Enforcement, and the Parking Authority. Number 12, a resolution accepting the bid of L&P wire tie systems in the amount of $25,030 for a wire tie system for the Recycling Center for the Division of Waste Management. Number 13, a resolution accepting the bid of LAGCO Incorporated in the amount of $653,826.50 for the Anniston-Wickland Capital Storm Sewer Improvement Space 2 for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with LAGCO Incorporated related to the bid. Number 14, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an amendment to agreement with the Kentucky Transportation Cabinet for modification of the scope of work and extension of the Newtown Pike Landscaping Project through June 30, 2012, at no cost to the Urban County Government. Number 15, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Council of Boy Scouts of America Incorporated, $700, and Thursday's Child Incorporated, $375, for the office of the Urban County Council, at a cost not to exceed the sums stated. Number 16, a resolution authorizing and directing the Division of Parks and Recreation to keep all Lexington Fayette Urban County Government swimming pools open on Mondays for fiscal year 2011 and fiscal year 2012 during the regular swimming season. Number 17, a resolution authorizing and directing the Division of Parks and Recreation to keep Berry Hill and Constitution pools open for fiscal year 2011 and fiscal year 2012 during the regular swimming season. Number 18, a resolution authorizing the mayor on behalf of the Urban County Government to execute a software license agreement and software maintenance agreement with Fat Pot Technologies LLC to provide software maintenance and support of the mobile data software used by the Division of Fire and Emergency Services for an initial term of one year and with up to five annual renewals of one year each, subject to sufficient funds being appropriated in future fiscal years, at a cost not to exceed $30,000 in fiscal year 2011. Number 19, a resolution authorizing the mayor on behalf of the Irving County Government to execute an amendment to lease agreement with the Community Action Council for Lexington, Fayette, Bourbon, Harrison, and Nicholas Counties, Inc., for 522 Patterson Street at a cost not to exceed $3,100. Number 20, a resolution ratifying the probationary civil service appointments of Ernest Clark, public service supervisor, grade 111N, 19.539 hourly in the Division of Streets, Roads, and Forestry, effective May 9, 2011, ratifying the permanent civil service appointments of Daryl Hager, public service supervisor, grade 111N, in the Division of Parks and Recreation, effective March 25, 2011, Deborah Sue Miller, Telecommunicator, Grade 111N, in the Division of Emergency Management 911, effective April 25, 2011, ratifying the unclassified civil service appointment to the Office of the Urban County Council of Elizabeth Chatterton, 8 to Council, Grade 000E, 2089.60, biweekly, in the Council Office, effective April 18, 2011. Number 21, a resolution authorizing the Division of Human Resources to make a conditional offer to the following. Stephanie Hong, Director of Youth Services, Grade 120E, 300228.24 biweekly in the Division of Youth Services, effective June 1, 2011. Joanna Rhodes, Director of Family Services, Grade 120E, 200894.96 biweekly in the Division of Family Services, effective upon passage and authorizing the beginning employment upon successful completion of a physical or medical examination as required. Number 22, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the seniors plan master contract with Humana for the police and firefighters senior plan at no cost to the urban county government. Number 23, a resolution authorizing and directing the mayor on behalf of the urban county government to execute the seniors plan master contract with Anthem Health Plans of Kentucky Incorporated for the police and firefighters senior plan at no cost to the urban county government. Number 24, a resolution authorizing the mayor on behalf of the urban county government to execute an authorized provider agreement with American Red Cross, allowing the urban county government to provide training courses offered by the American Red Cross for one year beginning January 1, 2011, at no cost to the urban county government. Number 25, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute three partial releases of easements, releasing portions of utility easements on property located at 1786 Battery Street, 1791 Battery Street, and 2413 Patch and Wilkes Drive. I believe there's a motion on number 26. Do you have a moment? One moment, please. Hold for a minute. Thank you. Lexington Corporation be removed and replaced with a resolution authorizing the mayor to execute an agreement for special events with the downtown Lexington Corporation at a cost not to exceed $120,000. So moved. There's a motion by Council Member Martin, seconded by Vice Mayor Gordon. Is there any discussion? All right. I'm afraid to take a vote then. All in favor, please indicate by saying aye. Whoa, whoa, whoa. Council Member Crossley. Okay, I didn't see it. Can you please repeat the motion? I guess I'm trying to understate. I'm looking at what is down there and then what we discussed last week. Can you just clarify what the change is? Sure. What is actually on the docket is an amendment to the original purchase of services agreement with the downtown Lexington Corporation. But once that was tabled, we went back and reviewed the agreement. And what we did is prepared a separate agreement that's called a special events agreement. And that's what you all were presented with on Tuesday. So that makes the title to our resolution incorrect. So we're substituting out the resolution so that the synopsis in the title reads correctly. Because the document is no longer an amendment to the purchase of services agreement, but it's actually renamed the special events agreement, if that makes sense. It makes complete sense. I guess I just don't know why we didn't have it on since we did it Tuesday, but that's okay. Thank you. I mean, I guess I just don't understand. I mean, it's fine. It's the same thing that we've already discussed on Tuesday. I just. Well, we couldn't officially take it off the docket until today. Okay. So that's why it had to appear as it was originally, and then the motion may be made today when you're meeting as the council. Thank you. That explains it. Thank you. Okay. We're ready to vote then. All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. Madam Clerk may continue. Resolution number 26 as amended, a resolution authorizing the mayor on behalf of the Urban County Government to execute an agreement for special events with downtown Lexington Corporation at a cost not to exceed $120,000. Number 27, 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 use of the William Wells Brown Gymnasium for Parks Athletic Programs at a cost not to exceed $1,326.25. Number 28, a resolution rescinding Resolution No. 74-2011 and authorizing the Division of Waste Management to pay for labor and equipment rental and related peripherals for relining the baler at the Materials Recovery Facility from IPS Balers Manufacturing Incorporated, a sole source provider, at a cost not to exceed $28,000. Number 29, a resolution authorizing the Division of Waste Management to purchase a Hyle dual-lift combination cable and hook lift hoist from Central Indiana Truck Equipment Corporation, a sole source provider, at a cost not to exceed $60,170. Number 30, a resolution authorizing and directing the Mayor on behalf of the Irving County Government to execute an agreement with U.S. Geological Survey for the continuing and ongoing maintenance and operation of existing stream flow and precipitation gauges at a cost not to exceed $90,240. Number 31, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement awarding a Class A neighborhood incentive grant for a stormwater quality project to Neighbors United for South Elkhorn Creek Incorporated at a cost not to exceed $5,470. Number 32, a resolution of the Urban County Council providing that the citizens' advocate position shall be a part-time position. Number 33, a resolution establishing a residential parking permit program for the 600 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday from August 1 through May 15 of each year, and waiving the provisions related to the mechanics of designating residential parking permit areas adopted by Resolution No. 16890 and amended by Resolution No. 45091 and 4332006. And number 34, a resolution authorizing and directing the mayor on behalf of the urban county government to execute a certificate of consideration and any other documents necessary and to accept a deed for the property located at 405 Plainview Road for the Plainview Road Stormwater Improvements Project and authorizing payment in the amount of $205,000 plus usual and appropriate closing costs. Okay. Are there any walk-ons? Council Member Blues. Thank you, Mayor. I move to place on the docket a resolution authorizing the Mayor to execute an agreement with the Fayette County Attorney's Office for the Fayette County Attorney's Office to conduct a driver's education pilot program at the old Frankfort Pike Landmill, landfill, at no cost to the urban county government. So moved. I second. Motion by Council Member Blues, seconded by Vice Mayor Gordon. Is there any discussion? All in favor, please indicate by saying aye. Aye. All opposed, no. Motion carries. All right. We've got a first reading of the Falcons in Madam Clerk. Thank you. Number 35, a resolution authorizing and directing the mayor on behalf of the urban county government to execute an agreement with the Fayette County Attorney's Office for the Fayette County Attorney's Office to conduct a driver's education pilot program at the old Frankfort Pike landfill at no cost to the urban county government. Thank you. Are there any motions to suspend the rules? I believe there are. And give a second reading? Councilmember Stennett? I think Councilman Blues was before me, wasn't he? Well, was he up for this one or another one? You up for a second read on it? Yes. Okay. Councilman Blues, sorry. Mayor, I move to suspend the rules in order to give a second reading to number 35. If this program is going to go forward, it needs to begin preparatory work on May 19th. So moved. All right. Thank you. We'll take, we'll just take them all, how's that, and then code on them. So, number 35, Mr. Stennett. Thank you, Mayor. Number 13 and number 25, so that we can move these projects forward. Number 13 and number 25, Council Member Lawless. I'd like to suspend the rules and have a second reading on number 21 and on number 33, which is the residential parking permit. Number 21, I'm asking for a second reading at the request of the administration. Thank you. That was 21 and 33. Right. Okay. Council Member Martin. Thank you, Mayor. I move to give a second reading to item 26. This is the Downtown Lexington Corporation so that they can begin work on their summer activities. I also request a second reading to item 31. This is expenditures from the NDF fund, or excuse me, the Neighborhood Incentive Grant for the Neighbors United for South Elkhorn Creek And the last one was the item 15, which is the, that's the NDF fund. So I move. So that was 21 and, I'm sorry, 31 and 15? 31, 26, and 15. 31, 26. I'll do them out of order just to razzle-dazzle. All right. Anybody else? All right. So I've got 13, 15, 21, 25, 26, 31, and 35. All right. So is there a motion? Oh, and 33. Okay. So there's a motion and a second? Second. All right. All in favor, please indicate by saying aye. Aye. All opposed, no. All right. Motion carries. So, Madam Clerk, can you give a second read to the suspended resolutions, please? Resolution number 13, a resolution accepting the bid of LAGCO, Inc., in the amount of $653,826.50 for the Anniston-Wickland Capital Storm Sewer Improvements Phase II for the Division of Water Quality and authorizing the mayor on behalf of the Urban County Government to execute an agreement with LAGCO, Inc. related to the bid. Number 15, a resolution authorizing the mayor on behalf of the Urban County Government to execute agreements with Bluegrass Council of Boy Scouts of America, Incorporated $700, and Thursday's Child, Incorporated $375 for the office of the Urban County Council at a cost not to exceed the sum stated. Number 21, a resolution authorizing the Division of Human Resources to make a conditional offer to the following. Stephanie Hong, Director of Youth Services, Grade 120E, 3,228.24 biweekly in the Division of Youth Services, effective June 1, 2011. Joanna Rhodes, Director of Family Services, Grade 120E, 2,894.96 biweekly in the Division of Family Services, effective upon passage and authorizing the beginning employment upon successful completion of a physical or medical examination as required. Number 25. A resolution authorizing and directing the mayor on behalf of the urban county government to execute three partial releases of easements, releasing portions of utility easements on property located at 1786 Battery Street, 1791 Battery Street, and 2413 Patch and Wilkes Drive. Number 26 A resolution authorizing the mayor on behalf of the urban county government to execute an agreement for special events with downtown Lexington Corporation at a cost not to exceed $120,000. Number 31 A resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement awarding a Class A neighborhood incentive grant for a stormwater quality project to Neighbors United for South Elkhorn Creek, Inc., at a cost not to exceed $5,470. Number 33, a resolution establishing a residential parking permit program for the 600 block of Providence Road from 8 a.m. to 5 p.m. Monday through Friday from August 1 to May 15 of each year, and waiving the provisions related to the mechanics of designating residential parking permit areas adopted by Resolution No. 16890 and amended by Resolution No. 45091 and 433-2006. And number 35, a resolution authorizing and directing the mayor on behalf of the Urban County Government to execute an agreement with the Fayette County Attorney's Office for the Fayette County Attorney's Office to conduct a driver's education pilot program at the old Frankfort Pike Landfill at no cost to the Urban County Government. Thank you, Madam Clerk. There's a motion by Council Member Cosby to approve and a second by Council Member Ellinger. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. All opposed, no. We will have to have our roll call, though. Oh, yeah, that's right. Sorry, sorry, sorry, sorry. Mr. Blues? You call the roll, please, Madam Clerk. Thank you. Ms. Crosby? Mr. Ellinger? Yes. Mr. Farmer? Mr. Ford? Yes. Ms. Gorton? Aye. Ms. Henson? Yes. Mr. Kay? Yes. Mr. Lane? Yes. Ms. Lawless? Yes. Mr. Martin? Yes. Mr. McCord? Yes. Mr. Myers? Yes. Mr. Stennett? And Mr. Beard? Aye. All right. The vote reflects passage of the resolutions. Okay. Next on our agenda are communications from the mayor's office. This is a motion by Council Member Crosby, second by Council Member Beard to approve. Is there any discussion? Hearing none, all in favor, please indicate by saying aye. All opposed, no. Motion carries. Thank you very much. Okay, next item on our agenda are announcements. Does anybody have any announcements tonight? Anybody have any announcements tonight? No announcements. All right, next on our agenda, public, Chris Ope, Council Member Ford. Thank you, Mayor. Just a few announcements. A lot of activity going on in the east end of Lexington starting this weekend. Particularly, I'd like to highlight an event that's going to happen on Saturday, May 14th, at the site of the future Isaac Memorial Art Garden, a celebration commemorating the 150th birthday of Isaac Murphy, a famed horse jockey from the east end of Lexington, The Bluegrass Community Foundation and the William Wells Brown Neighborhood Association, amongst others, will be there to celebrate that. Next Monday, the East End Small Area Plan Community Forum Update will be held at the Lyric Theater beginning at 6 p.m. That will extend through 8 p.m. East End residents and community at large is invited. Thank you. Thank you, Council Member Ford. Council Member Lawless. There's a lot going on in the 3rd District, but I did want to mention that the Tuska Historic House Museum is having a clean-up, clean-out sale and activity this Saturday from 9 till 3, and there will be items of John Tuska's work for sale. And if anybody else wants to come with their gloves and a rake to help spruce up the yard, and that's on the corner of Old Park and Central Avenue, I do believe. Also, I want to welcome there are several new businesses in the 3rd District, and that's pretty exciting. And the Arboretum, the Children's, Linda, you're on that board, the Children's Garden Celebration Grand Open at 11 o'clock. Thank you very much. Thank you. All right. No further announcements. we can move to public comments. And I have a number of people signed up, but I believe Jeff Jones. Jeff, you've had some others who have signed up here that are going to yield their time to you. All right, there we go. Yes, sir. And then Bernard McCarthy and then Don Todd. Yes, sir. How much time should I list, please, Mr. Mayor? There are one, two, three, four, five, six. So three minutes each. So, Jeff, you've got 21 minutes? Three times. All right. What is it then? Council rules state that the most you can get is up to 15 minutes. Oh, okay. So there's a 15-minute limit. All right, sir. Thank you. First off, I'd like to say thank you for your time. I'm going to bring some stuff to you all that a lot don't know, some do know we at the Division of Solid Waste are very offended a lot of us are very upset and what I'm going to bring to your attention was done in a public forum, in a quality meeting that they had with I'm the Director of the Division of Solid Waste, and I think that someone owes us as a division a public apology. My name is Jeff Jones. I'm the Civil Service Rep. Linda Gordon was there Tom Blue P.L. Farmer Kevin Stinnett Doug Martin Peggy Ed Lane I got the DVD here If you want to play it Fine, if you don't I still want you to know what was said They asked Steve Feast a question Mr. Feast how are the men responding to the new rat war and the learning of it. Steve turned around and asked Richard to respond. And his response was, when I got them in a group of 12 or more, they are hostile. When I got him in a group of three to four, they're puppy dogs. I'm nobody dog. Then he made the statement that we have three that are illiterate. That offends me because if we do have some that are illiterate, it's not everybody's business. We have got phone calls from the division of Switching Roads forces. We got phone calls from every division wanting to know how we sit back and let this administration, and I'm not blaming everybody because everybody wasn't there, how this administration, no one spoke up and said, this is not what you call our employees. Steve Feast stood here and didn't say anything. When I looked at the DVD, I took it to Kevin Bennett. He didn't say anything. I took it to Kevin Jackson. He didn't say anything. Someone owe us an apology. Besides that, we have men in these trucks that are driving, that's only getting paid $10 an hour, $12 an hour. I know we got a budget that's tight. I understand all that, and I respect that. But what we do for this city, we got one of the cleanest cities I've ever been in. And as for me, I'm not going to let nobody disrespect my men that I represent, and I'm not going to let nobody just say what they want to say and not apologize to us. I'm asking you, Mr. Gray, and I'm asking this council, Somebody give us an apology. And thank you for your time. Jeff, thank you very much for appearing before us. And I hope that I can speak for everyone here. I know that it takes a lot of courage sometimes to stand up before a group like this and speak just like you did. And I feel sure that those who may have been in attendance at the meeting either weren't aware of it or didn't perceive it the way that it may have come across. But I'll be happy to say that, you know, having been a member of a minority community myself and having experienced what I perceive sometimes to be remarks that are disparaging or depreciating, that it can hurt us. So on behalf of our administration, I will apologize for certain, and I hope that it will be accepted. I accept your apology because I know you mean it, and I appreciate it. But you know, I'm going to say this and I'm going to get out of your way. the public already think low of us as it's division they already got that perception but for someone to put that over the airway to where when we go to our different churches oh so they calling y'all puppy dogs now and y'all not going to respond somebody has to respond and I appreciate it that's why I'm here because I don't think it's right as a civil service representative not to say anything. Because like I said, a lot of y'all didn't know. A lot of y'all haven't heard. Mary, you didn't know. Because I know if you did know, you would have addressed it. So like I said, I appreciate your time. And if you get a chance, look into giving these guys that's making $10 an hour doing what we do. That guy's making $11 an hour. Yes, sir. So I appreciate it. Yes, sir. Mr. Jones, thanks very much. It looks like there's some other folks who want to speak, but I do want to say that, you know, you've illustrated again that we've got to be careful. We've got to always be careful what we say because it reflects sometimes what we're thinking, and it impacts others in a big way. So Tom Blues, I think you want to speak. And then Council Member Ford. Thank you, Mayor, and thank you all for being here. I chaired the meeting you're referring to, and I think I can speak for all of us who were present. We didn't and maybe should have seen the offense that was, you know, that was perceived, but we did not. And so I certainly apologize for myself for, you know, for any insensitivity that may have, you know, you may have thought was there, but was at the same time was not intended. So I'm very sorry that that happened and that that, you know, that impression got abroad and will not happen again. Thank you, sir. Council Member Henson. Thank you for coming and sharing. and I know if I was in that committee meeting and I honestly do not I don't remember that being said but I'm sure it was and I apologize one thing I take a lot of pride in is caring very deeply about people and respecting people no matter what walk of life they come from how old they are, how young they are, how smart they are, whatever And I just take a lot of pride in a love of people, including, and even if some of the drivers happen to be not, you know, as able to read as me, I can't drive a truck. That's right. There's always, I have worked many, many years with individuals that were very mentally challenged and so forth. And so I just, it really hurts me that I somehow was insensitive to that if that happened. So I totally and sincerely apologize. Thank you. Council Member Martin, then Council Member Lawless. Thank you, Mayor. Thank you for coming, and thank you for calling me down because I was at that meeting. I don't think anyone thinks that you or your colleagues are any of the words that were described. You have one of the toughest jobs in city government, and I apologize to you and to the folks who are here that I didn't recognize the comments and was not sensitive enough to understand them at the time they were uttered. And so I apologize. Thank you for coming. Come back any time. Thank you. Council Member Lawless. I'm not part of that committee. And like Mayor Gray, I take great offense at any disparaging remarks about any group of people. I have great respect for our waste management people. You have a really hard job, one very few people would want to do. And I'm very glad that you brought this to our attention. I was at the celebration, the MLK celebration that Waste Management put on. I was suggested to, and I served with the lunch that was being served afterwards, and I was proud to put on an apron and help serve. and this is very upsetting to me and I want you to know you have my great respect and there are many, many people out there for whatever reason cannot read and it's difficult and so I really appreciate you having the courage to come up here and tell us about it, and I'm sure that the administration, but thank you. I want to thank you very, very much, and I want to thank you all for your service to the community, and appreciate it. Council Member Ford. Thank you, Mayor. Mr. Jones, and to the employees in the Division of Waste Management that you represent, I do echo councils. Thanks for your courage to come here today. Your civil servant and the guys that you work with are civil servants that affords you some protections. Yet it still takes great courage to come before the deliberative body of this council. And I can imagine it's somewhat uncomfortable to an extent. But what you did for us today was very important. Because I was not aware. I was not aware. Mr. Jones, what is the date of the meeting, may I ask you? The date of the meeting is April the 19th, and it's an 11 o'clock meeting. April 19th at 11 a.m. Yes. And I have the DVD if y'all want to play it, look at it. But, you know, the thing is, I know I'm retaliated against, but my problem that I want to bring out also is somewhere down the line, somebody had to respect us. And I appreciate that. And Mr. Jones, that's exactly what I want to get to in regards to my comments on council. It's totally unacceptable. If what is said is true, and I have not seen it, but I don't also don't have any belief that Mr. Jones would come down with the support of his workers behind him and tell us anything wrong. And from what I hear, nobody has discredited the statement that was made. Unacceptable for any employees of this government to make such a statement to another employee. So I do appreciate and I recognize the sincerity in the comments made by our mayor, Mayor Gray, and our fellow council persons. But there must be accountability, and I'm going to call and demand the accountability of Mr. Feast in his actions to the council, to the members of waste management. Right is right and wrong is wrong. And when wrong occurs, it's the responsibility to acknowledge it and correct it and to recognize that it would be interpreted as such. So I'm going to, this is the importance of why Mr. Feast must apologize. And Mayor, I'm going to ask that he do so verbally and officially in writing. because he is the leader of this division. He has to look and work with the men and women of waste management every day. It's been quite a while since I've seen Jeff. It's been a few months and his colleagues, but he has to look at them each and every day. So much is going on in our government. You know that the timing of this, and I'm going to wrap up so soon, Citizens have always been able to come to the podium and do just what you're doing, Mr. Jones, and what you guys are doing, men and women. That has not changed and that won't change. But the reason I ask you to provide the date and time of that meeting is because we have it. And those of us that are watching tonight can look at the tape and see it for yourself. And I would encourage most to do so. I will be doing so very soon, just as soon as I get home. We often speak of the technologies we have that provide for transparency. And this is an example of that. Thank you, Mr. Ford. Mayor, I'm going to wrap up just so soon. I thought you were finished. Sorry, Chris. We had a committee meeting, Mr. Jones, earlier today, and it got a little hostile. Over choices of words, what you say, how you say it, misrepresentations and misstatements, much damage can be done. And I think much damage was done, even if or if not Mr. Feast intended it to be. Therein lies the call and my demand for accountability. Mayor and I counsel, and I hope that you guys will support my call, that a formal apology be made verbally and in writing. Thank you, Mr. Jones. Thank you. Mr. Stenet. Thank you, Mayor. before I address Mr. Jones, I would echo your sentiment, Councilman Ford, and I would only add to that that it'd be done during the next environmental quality meeting on the same microphone that the comments were made originally. But Mr. Jones, I haven't seen you for a while either. I know when I addressed your group in an early morning about a year ago this time, I told your group that growing up my father told me there's three people, son, you always got to grow up to respect, and that's teachers, our public safety, and our solid waste workers, because without any of those three, you can't have a community. And I really mean that. So I apologize to you if I missed those comments during that meeting because I don't recall, but I will watch the video, as Councilman Ford said. I'll go back and watch it tonight. And I apologize to your men here as well because we need to have a zero tolerance policy on anything like that because given the climate you're working under and given what's ahead of us, especially financially, you shouldn't have to deal with that. We should be looking at other things to deal with more positive. And I did ask the Vice Mayor and the Council supported the request of former Solid Waste Task Force to look at the operation of the Solid Waste Department. And I hope the Vice Mayor won't be announcing that soon. And that's an opportunity to address some of these needs in our operation and make it better for the future. So I can't apologize. I'll apologize for what happened, but I'll also make a commitment to make a change for the better, for the future. So thank you for coming. Mr. Lane. Thank you, Mayor. Mr. Jones, thanks for coming in. And I have people that call and speak to me and they complain about something at Durham County Government. And the first thing I say to them is thank you very much for calling, because maybe only one person out of 100 or 200 would take the time or the initiative to come and address an issue or concern that they have. And I certainly appreciate you doing that tonight, because you may be representing several hundred people that, you know, didn't come in your stead. The other thing I'd like to say that I was in that meeting, and I personally apologize because I should have been more sensitive or more responsive to a comment that was perceived to be inappropriate, and so I apologize for not doing that. And then I'd like to just say in closing that I think your department does a great job, and I value, you know, every employee in the government, and I thank you all for the work that you do for the city, and I appreciate your courage and initiative in coming tonight. Thank you. Mr. Myers. Thank you, Mayor. Thank you, Mr. Jones, for coming in today, and I was not in that meeting. This is the first that I've heard of this. I would ask, who did you say made the comment? Were there two different people? Richard. Richard Miller made the comment. He's the program manager, I guess is what his title is. But, you know, like I said, without a director standing there, the way we feel about it is he should have clarified it right then. That's the way we feel. If he's there, he heard it, should have been addressed. We shouldn't have heard it in the street. I agree with you, and it was unacceptable. The reason I asked the question was because I wasn't sure if two people said something or if just one. So I take it that Richard's not here right now. No. But Mr. Feast is. Yeah. And I agree with what Council Member Ford said and what Council Member Stenis said. I think that since Mr. Feast is here, he might want to just come up here right now and make a public apology instead of just waiting for that next meeting. I do agree that if it happened in that committee meeting, then that can be addressed there as well. But he's here tonight, and I'd like him to come up. And I'd also like Tim to address why he didn't say anything or what he's done in conversations with, is it Mr. Miller, Richard Miller, since this has happened. Thank you, Mayor. Steve, yeah, if you want to come on up. Thank you. Yeah, we were at an environmental quality meeting and responding to a question about training, and Richard Miller had done most of that, and so I asked him to respond, and it was an unfortunate incident, and like many of you, I didn't really understand the full impact of it until much later when it was brought up to me just yesterday afternoon late. And I certainly want to apologize for any offense that was actually taken. And I have spoken with Mr. Miller yesterday, and we have a video clip that he has. He sat down this afternoon. He wasn't in this morning, but he was in this afternoon, and he was apologizing to anyone that he could actually talk to this afternoon. We have scheduled a meeting in the morning before all routes go out so we can formally say we're sorry for anything that might have happened there. So, you know, there was no intent there. If I could follow up. I certainly hope that when that conversation takes place tomorrow that it's not stated that you're sorry for anything that might have happened, but that you're sorry for what did happen. Yes, absolutely. Thank you. Mr. McCord. I like Council Member Myers wasn't in the meeting, but I just want to say something a little bit different. Mr. Jones, I want to applaud you because this is a really tough thing to say, and you have represented yourself and your men in this organization very well. It's oftentimes that people get very heated at that microphone, and it would probably be very easy to get upset and maybe say things in a way that wouldn't be constructive. but I just wanted to compliment you personally on your leadership because you have really shown yourself well. And I appreciate the way that you brought this to us, and I think that you're seeing the value of that, that good things come from an effective communication and doing it the right way. So my deepest appreciation is for your professionalism, sir. Council Member Gordon. Jeff, thank you very much for coming. Another council member said it takes a lot of courage to come in front of this body and say what you said, so I respect you for that. And I also apologize. I think that I'm not sure why any of us didn't say anything, whether we didn't, you know, recognize what was going on or whatever, but I do apologize. I have great respect for all of you who work for Solid Waste, and I think respect is, among all of us, is the bottom line between people. And so I am very sorry that there was disrespect, and thank you for coming. Council Member Ford. Thank you, Mayor Gray. Not a greater concern of mine, but a very real concern of mine is that I recognize that policies of this government may have been violated with the action of Mr. Feast and the other employees in their comments to the Division of Waste Management. It requires the Council's and the Administration's immediate attention. And we would not have known of this if not the guys have come forward. I have asked the law department, and I'm going to make a motion, that we go into closed session near the end of this meeting for the discussion of personnel that may result in a discipline. Termination, that's just the language, but particularly the discipline of an employee. The commission is bringing me the verbiage for it. But we have to discuss this right now. Aside from the wrong thing being done and feelings being hurt, I don't think that's the case. Policies of this government has been violated by one of our professionals. We must do something tonight. Because if the guys and women of waste management walk off the street one day, one day, it disrupts the operations and the environmental health of this community. I move we go into closed session pursuant to KRS 61.8101F for the purposes of discussion which might lead to the discipline or dismissal of an employee so moved. Okay. There's a motion and a second to go into closed session. Is there any comment? Let me say there are a couple of other people who are here for public comment. At the conclusion, a public comment would be fine, Mayor. Okay. All right. Thank you. And we'll go ahead and take the vote. Well, can we hold then the motion until the two, maybe just withdraw the motion, until we have the two other public comments, Council Member? Do I have Council's commitment to stay for the closed session at the conclusion of the public comment? Thank you, Mayor. I'll bring the motion back at the public comment. And the second is withdrawn. Okay. All right. Great. All right, then we've got Don Todd and Rena Wiseman have signed up for public comment, and Bernard. Yeah, Mr. Todd, you know that it's a three-minute rule on this, right? Yeah, I know. All right, sir. It's a challenge, isn't it? You've been here. I appreciate your willingness to hear me, and I appreciate the accommodation, and I apologize for Monday when we were a little animated because I didn't realize we were going to get involved in public discussions. So before you start my time clock, I'm giving everybody an exhibit here. I'm here on number 11, which is the towing contract award to Bluegrass Towing, and I represent CTS Towing and Kathleen Winchester, who is seated over here along on the second row with me. My purpose in coming before you is to ask the mayor and council to take the time to review the bid, specifically the numbers, and just give me an opportunity and my client an opportunity to present to you and to be given a hearing as to the fact that he was the underbidder. And I've given you, as Exhibit 1, and I know I've got three minutes, so I'm moving quick. This is just the bid process. The bid itself is 46 pages long. On page 3 of Exhibit 1 were the actual penciled-in bids, and you can see that CTS was the underbidder for impounding of vehicles, for towing wreck vehicles, for storage. and Bluegrass was the underbidder on impounding vehicles at the request of the Division of Code Enforcement. Exhibit 2 shows you the numbers, and I got these numbers. I talked to Mike Blanton at the Traffic Division Police this morning, and then I talked with Aaron Kidd, who gave me these numbers. They are not absolutely precise, but he indicated in his opinion they were daggone accurate. And I qualify this that obviously if the numbers vary, certainly the outcome will vary somewhat, but the difference in the bids is the same. If you look at Bluegrass Towing's bids, given their actual submissions, there are 10,000 vehicles in accidents each year in Fayette County. About 6,500 of those require towing. Those that are towed usually are held in a storage facility for 15 days, pending insurance company review and the typical process. There are 2,000 vehicles impounded, double parking, football games, those kind of issues. If you apply the bid numbers and the actual number of vehicles, it's our calculation that Bluegrass Towing's bid was $3,712,000. CTS Towing's with $3,036,000. That's a savings of $675,000 to the people of this community. Admittedly, Bluegrass won the impounding at the request of code enforcement. There were 26 vehicles impounded at the request of code enforcement last year. That's Exhibit No. 3, and it's signed by the people upstairs in Division of Code Enforcement. So that's a savings to the, actually, it's a cost to this city of $1,000. I submit to you the difference of $677,000 versus $1,000 is a decision that you need to make. Almost done, Mayor. Exhibit 4 shows the fiscal plants of both parties. Parties, bluegrass is plant number four. Ours is the attachment behind it. We have a new facility. I think we have a better facility. Exhibit five are the actual requirements for equipments in the bid, and I think we've complied with all of those submissions. I'm asking you as a council or someone on either Paul, Sean, or somebody to take a look at this and give us some numbers. One final point. Mr. Todd, time's expired, so we're going to have to – I can't give the – Can't give you any more time unless Council says so. Ms. Wiseman. Thank you, Mr. Mayor, members of the Council. I'm Rena Wiseman here for Bluegrass Towing. You all were here Tuesday. I find it interesting Mr. Todd complained vehemently he couldn't get the numbers, and he's gotten the numbers within 24 hours, which were accessible to him, and could have been presented as part of his package during the bid process had he exercised the numbers. exercise that prerogative. With respect, this is a bid. This is his spin on it. I would welcome you looking at our bid again and ask you to talk to your purchasing department and your division of police who has also reviewed it. With respect to the numbers on Exhibit 2, I'm not sure that those numbers reflect cars that were towed to other providers. Again, if you're in a wreck, you can have somebody else come and take your car, not necessarily Bluegrass towing. Lastly, with respect to these numbers about the comparison and the cost, I'd like to get that down to the simple fact of level of and quality of service. If there is a wreck on Nicholasville Road and two cars have that wreck, those cars are going to pay each more money to be towed to Bluegrass towing. On the other hand, you have hundreds of cars at 530 on Nicholsville Road that are inconvenienced by that wreck. And if that's not cleaned up in a timely, efficient manner, the cost to the citizen far exceeds the cost to these two people who caused the accident. So he'd like you to look at these numbers and think that's a terrible cost to the citizen. but the true cost is the cost to the community if a traffic accident that happens on a busy highway like New Circle Road at rush hour, the interstate is not quickly responded to. He did not mention the number of drivers. Bluegrass Towing has 24 drivers. They have eight drivers. Our subcontractor has eight drivers on top of that to be responsive 24 hours a day, seven days a week. We certainly have the drivers to do that. We would welcome that you have anybody in this government look at the bid, and we think it stands on its merit. Thank you. Thank you, Ms. Wiseman. Okay. Council Member Myers, do you want to make a motion to give more time to Mr. Todd? Yeah. Could you finish up in one or two minutes? Wait, wait, wait. Before you go, the council has to vote to do that. Does everybody want to do that? Yeah, we've got to vote on it. Is there a motion to give him more time? Give him two more minutes. Is there a motion? She still has time left. Sure, if you want to give them both. Yeah, I just want to give both of them to hear them out. So, yes, if she needs two more minutes, we can give her two minutes off. Okay, so that's a motion. Is there a second? I'm second. Second. All right, all in favor? Two more minutes for each? All opposed? All right, motion carries. In response to Rena's comments, certainly they have more trucks and they have more personnel because they have the contract. You as a businessman, Julian, or you as a businessman, Mayor, you wouldn't spend the kind of money to purchase new trucks until you got the contract. So I did the next best thing. I have a letter of credit and a letter from the Bank of Lexington to my client authorizing that he, or indicating that he has the ability to borrow $360,000 for the purchase of new trucks. Most of the employees of Bluegrass Towing probably learn from Winchester Towing. Certainly if we get the contract, we're going to take the employees they're no longer going to need. I'm asking you to take a look at this because I don't think as a bidder we got a fair shake in the sense that we spent thousands of dollars to buy a lot, time to put this bid together. We've submitted it, and we've never been given a formal critique as to why we didn't qualify. We've never been told technically that we didn't have an appropriate bid. It was submitted and considered, and all of a sudden we were told, well, you know, maybe they like the other side better. I don't think you should treat people in that manner that have spent a lot of time and have come down here and invested money and are trying to get a business opportunity, and they've fairly competed and they won. And so I think if you're going to critique their bid and you assume that you don't think it's fair, you know, that's fine. We'll lose. Tell us specifically why we lost. Tell us specifically what we didn't comply with. And that's all we're asking for is a fair day before you or before the determining body. Okay, thanks. Richard, do you want to say something? I'll just leave this here, okay? All right, okay. Thirty seconds. Mr. Todd says that they haven't bought the trucks, they don't have employees, but they'll wait until they get the contract. He has just conceded to this council he does not meet the bid specs. Item 4.1, time is of the essence of this contract. All equipment, facilities, bonding, and insurance coverage described here shall be available and ready for operation at the time the bid is submitted to the Urban County Council, and that was back in March. Thanks. Thank you. Richard Bryan. I've asked Bryan to come up and give you all his report So you can see why somebody will be able to answer some of the differences here for you. Mr. Markham. Thank you. Yes, sir. I would like to point out a few things that were specified and required in the submission, and I call attention to specific numbers in the specs. The contractor may subcontract any parts of this contract with the approval of the Lays and Fayette-Arm County government of those subcontractors. the list of subcontractors to be used must be submitted with the proposal and the response time of each subcontractor to an accident seen in Fayette County. 4.1 was also on my list of discussion points. Time is of the essence. All equipment facilities, bonding, and insurance coverage described herein shall be available and ready for operation at the time the bid is submitted to the Urban County Council. 4.5 also says the Lays and Fayette-Irman County Government shall award a contract to provide the services specified herein to the responsible proposer who submits the lowest proposal responsive to the requirements, terms, and conditions set forth herein. And there's two important words there. It's responsive and it's responsible. Responsible basically means that you have submitted all of the requirements of the submittal request, and responsible means that you demonstrate the ability to perform the services that are required under this contract. I would take exception to the fact that CTS did not provide a list of subcontractors in their submittal. While they did provide an insurance certificate that cited Cary Towing, Cary Towing was not specifically listed as a subcontractor. At the site inspections, another company, Barger Towing, showed up on the inspection. And this is per Mr. Slayton, who works in my office. Barger towing was not listed as a subcontractor in their submittal, nor were the insurance requirements and certificates for barger towing submitted. In those regards, they are not responsive. CTS towing did not have a permit to operate the impoundment lot at the time the bid was submitted or at the time the bid was submitted to the Urban County Council. Therefore, once again, this does not comply with 4.1 of the specifications. There were other items that were cited in our letter of recommendation to the council that I placed in the council members' boxes today. Costs are not the important factor here. Many of the tows may be residents of Fayette County. Many of the tows may not be. What's important is that the submitters have demonstrated ability to perform efficiently and quickly in emergencies, in disasters, and in just normal towing. I do not have supporting information that CTS provided us with a responsible response. CTS and the non-listed subs, we don't really completely understand the infrastructure of their company. It greatly concerns us that we really don't know who is going to be responding, and they should have submitted that information in their bid submittal. Also, we don't have any background that demonstrates that CTS and its subcontractors have operated an empoundment lot in the past. So for those reasons, I did not feel comfortable moving forward with recommending them, and I feel like Bluegrass Towing submitted the responsive and responsible proposal to this bid, and police have also cited several reasons why they feel that as well. Thank you, Mr. Markham. All right. The council has time between now and the second read on this to ask any questions or further examine it, unless I'm mistaken on this. All right. Okay. All right. Next on our list is Mr. McCarthy. Your Honor and members of the Council, I would like to suggest that the county should consider hiring civilian paramedics. The current setup whereby someone has to become a firefighter first in order to work as a paramedic for this county government doesn't really make much sense. And I realize this is a different topic than you're used to me preaching at you about. But a friend of mine who has a valid paramedic license but does not have the muscle to pass the tests to become a firefighter and doesn't really want to fight fires, just wants to work on saving injured and sick people, is forced to drive to other counties to find work. She's driven as far away as Somerset, Covington, Maysville. and this is wasting a lot of gas, making a lot of extra traffic and a lot of extra carbon dioxide. And she's pointed out that you have people who signed up to be firefighters who want to be fighting fires that are getting stuck on ambulance crews when they'd rather be fighting the fires. And finally, this same friend also thinks that having three-person crews on each ambulance is rather wasteful since New York City gets by with two-person crews on each of its ambulances. Just something to consider. Thank you, Mr. McCarthy. All right, that's all that signed up for public comment. So now we'll take the motion, Council Member Ford, to go into closed session. Thank you, Mayor. I move that we go into closed session pursuant to KRS 61.8101F for the purpose of discussions which might lead to the discipline or dismissal of an employee. So move. There's a motion by Council Member Ford. There's a second. Who gave the second? Who was the second? Council Member Farmer. All right. I want the clerk to be able to record that. If there's no discussion, all in favor, go into Council Member Crosby. I just have a couple points of clarification. First, I'm a little unclear if the employee who made the comments is a consultant or if they're an employee of. Consultant is my understanding. And my next question is probably to law. I'm not sure if someone's here from law. If it was stated that there were violations, and I don't know if this has been looked into by anybody with law, if there's been any type of investigation or anything. What can we do? Would this be appropriate for closed session or not? I think it would be. There'd be this kind of discussion, if you'd rather do it in closed session, we could. The first, I can tell you that I was not aware of this until this evening, so if you're asking if HR has conducted an investigation of this, I don't believe they have. Well, I guess my question is, it was stated that there were violations. and that there were potential violations, and if we're going to talk about the possible discipline or termination or whatever was read as part of the motion, I guess are you able to tell us what these violations are? I'm not disagreeing that this should not be addressed. What I'm trying to find out is if we have the appropriate information, Our law department just found out about this tonight. Many of us just found out about this tonight. And if we have the appropriate information to be able to conduct the business of a closed session for discipline or possible termination of an employee when our advisors and the council just found out about this. I think if you're asking the question of can we enter into discussions about this, I think you can do that. But it's not result dependent to have a discussion about this, I guess is what I'm saying. Thank you. All right. Is this related to the question related to going into closed session or not? Yes, sir. All right. If this person is not a Lexington Fayette urban county government employee, can we go into a closed session to. We cannot discipline an outside contractor. However, I wasn't sure from talking to Council Member Ford whether there was an employee issue. I have a motion on the floor in a second. Can you please repeat your motion? I move that we go into closed session pursuant to KRS 618101F for the purposes of discussion, which might lead to the discipline or dismissal of an employee. So moved. Okay. So, I mean, can we? All right. To motion and a second. I'm asking a question, and I appreciate that Council Member Ford wants to get a quick vote on this. I can respond. Let me step back. And Council Member Crosby, I apologize for my frustration. I think all of us are a little taken aback and frustrated by what we've heard. But the reason we need to go into discussion is because an employee, and not just an employee, one of our division directors, one of our leaders, was called to question about his comments, actions or comments as it pertained to those under his charge. So we need to discuss it. We need to be very proactive tonight to discuss just that. So I apologize for my frustration, but I think that is an appropriate motion, and I clearly went directly to my law commissioner to advise us. Well, I appreciate your apology, and I share your frustration with what happened during the meeting. I would not disagree that anybody up here does not believe that this needs to be handled in some way, shape, or form. My question is just a point of clarification as to whether or not the individual who made the comments is an LFECG employee, and if we can discuss their discipline. Let me, I think I'm going to need to rule on this, all right? Okay, I've heard the law commissioner say that the language of the motion is appropriate for the discussion. The language allows us for the discussion. Yes. Which is what? As long as it relates to an employee. Yes. Right. So the ruling is then that the motion is appropriate. So we have a motion and we have a second. Is there any further discussion? I just wanted to thank you for clarifying that. That was my question. Simply my question. Got it. All right. Call for the question. All in favor, please indicate by saying aye. Aye. All opposed, no. All right. The motion passes. Motion carries. So we can now go into close. Call for the. No. He just said. Voice vote. Is there a motion? Yes. Vice Mayor Gordon. Thank you, Mayor. I move that the Council ask the administration to investigate the situation that was brought forward by our solid waste employee. Second. It's a motion by Vice Mayor Gordon, second by Council Member Ellinger. Is there a discussion on the motion? Mayor, would the motion include them coming back and reporting to us about what the results of that is? Thank you. Sure. Let's try to do it. Can you put it in time? All right. Mayor, this is, I think, something that needs to be addressed and addressed on a very quick manner. What kind of time frame? Could you come back within the next council meeting with this? All right. Okay. Yep. I think this is kind of an emergency kind of situation that we need to do this sooner than later. What we're hearing is that we'll get it done. Yeah. I think we can get that done in two weeks. Shortly. All right. All right. Council Member Ford. Mayor, I ask that we restate the motion, please. I'm sorry, Vice President. My motion is I move to ask the administration to investigate the situation which was brought to us tonight by a solid waste employee. All right. Is there discussion? I have discussion. I would like to amend the motion. I'd like to amend the motion that the administration investigate the discussion that was brought forth by waste management as it relates to human resource policies for our employees. That's part A. Part B is that the Department of Law research our contract with the said consultant for review of counsel on what action we may take to bring discipline to he. That's my amendment, so move. Is there a second? Motion fails for lack of a second. All right. Is there further discussion? Hearing none. All right. Council Member, Vice Mayor Gordon. One brief point, Mayor. The reason I did not put specifics in my motion is that I would hope that the administration would bring back whatever recommendation they have, which may or may not include discipline. So I don't want to hamstring the administration to do a specific thing. I want you to do your investigation and bring back your recommendations. All right. Is there any further discussion? If not, then we're prepared to vote. All in favor of the motion, please. Oh, I didn't see it. I was just wondering if it was part of your motion or the intent was to have the report back in two weeks. Okay, but you didn't state it. Okay. Okay. All right. Now, ready to vote? All in favor of the motion, please indicate by saying aye. Aye. All opposed, no. The motion carries. There is nothing, if there's nothing further to come before the council, we have a motion by the vice mayor to adjourn. We have a second by Council Member Crosby. All in favor, please say aye. Aye. All opposed, no. Meeting is adjourned. Thank you.